Modifications and Additions to the Master Municipal Construction Documents

Transcription

1 PAGE 1 OF 11 Modifications and Additions to the Master Municipal Construction Documents The following conditions form part of the Contract and are supplementary to the MMCD General Conditions and Specifications. In the event of a direct conflict between the MMCD General Conditions and these Supplementary GC s the Supplementary GC s take precedence. Notwithstanding this order of precedence, in the event of a conflict between or within any of the Contract Documents, the more stringent provisions shall apply with the intent that those which produce the highest quality and performance, shall govern. GC 1.0 DEFINITIONS GC 2.0 DOCUMENTS GC 2.0 DOCUMENTS GC 3.0 ADMINISTRATOR GC 3.0 ADMINISTRATOR 1.79 Archaeological Artifacts 1.80 Utilities Document Hierarchy 2.4 Copies of Contract Documents Authority 3.7 Payment Certifier Add 1.79 as follows: Archaeological Artifacts means any fossils, artifacts, coins, articles of value or antiquity, remains and other things of geological, archaeological or historical interest or value discovered at the Place of the Work. Add 1.80 as follows: Utilities is used broadly and includes but is not limited to any and all lines, poles, structures, facilities, utilities for power, cable, TV, telephone, telecommunications, all sanitary and storm sewers, and all water, oil, gas and electric services, all steam pipes and services, all survey monuments, all street lights, traffic lights, traffic detector loops embedded in pavement, culverts, rail tracks, whether located above or below ground, whether visible or invisible, whether man-made or natural. Replace Section (1) with the following: The Contract Documents shall govern and take precedence in the following order with the Agreement taking precedence over all other Contract Documents: a) Agreement b) Addenda c) Supplementary General Conditions d) General Conditions e) Supplementary Specifications f) Engineering Specifications Schedule H to Bylaw 7426 g) Specifications h) Drawings listed in Schedule 2 to the Agreement i) Supplementary Detail Drawings j) Supplementary Standard Detail Drawings as per Schedule H k) Standard Detail Drawings l) Executed Form of Tender m) Instructions to Tenderers n) All other Contract Documents. Add The Contract Drawings shall not be used for the construction of the Work unless marked Issued for Construction and sealed by a registered Professional Engineer. Amend by adding or other relationship recognized at law after contractual relationship. Add 3.7 Payment Certifier The roles for a Payment Certifier are defined in the British Columbia Builder s Lien Act. For the Contractor, the Payment Certifier shall be the Contract Administrator. The Payment Certifier for the Subcontractors shall be the Contractor.

2 PAGE 2 OF 11 GC 9.0 VALUATION OF CHANGES AND EXTRA WORK 4.1 Control of the Work 4.1 Control of the Work 4.3 Protection of Work, Property and the Public 4.3 Protection of Work, Property and the Public 4.5 Errors, Inconsistencies or Omissions in the Contract Documents 4.6 Construction Schedule 4.7 Superintendent 4.9 Materials 9.2 Valuation Method Add as follows: No advertising signs or notices will be permitted on-site without written prior approval of the Owner. Add as follows: The Contractor shall provide notification five (5) calendar days prior to commencing work in road allowance and obtain and pay for necessary permits required to work within the road allowance. Add as follows: The Contractor shall notify the Contract Administrator immediately if damage to any structures occurs. Add as follows: If damage occurs to any Owner s electrical or waterworks structures or appurtenances, (but not including valve or meter box reinstatement), the Owner s own forces shall make the necessary repairs at the Contractor s expense. Amend and by deleting or omission whenever it appears and substituting, omission or any incorrect, inaccurate or misrepresented fact. Add as follows: If Additional Instructions are required to address any error, inconsistency, omission or incorrect, inaccurate or misrepresented facts, the Contractor s inefficiencies or mismanagement, if any, shall not be taken into account when determining any impact of those Additional Instructions on the Contract Price or Contract Time. Amend by deleting monthly and substituting monthly or as required by the Contract Administrator. Add 4.7.4; The key personnel named in the Contractor s Tender response, shall remain in these key positions throughout the project. In the event that key personnel leave the Contractor s firm, or for any unknown reason are unable to continue fulfilling their role, the Contractor must propose a suitable replacement, and obtain written consent from the Owner. Acceptance of the proposed replacement is at the sole discretion of the Contract Administrator and the Owner. Add as follows: Handle and store products in a manner such as to prevent damage, deterioration and soiling. Store packaged or bundled products in original and undamaged condition with manufacturer s seals and labels intact, and for materials subject to damage from weather, store in weatherproof enclosures. Amend by deleting unless at the time of the agreement the Contractor expressly reserved in writing the right to claim for additional payment or Contract Time adjustments.

3 PAGE 3 OF 11 GC 15.0 OWNER S RIGHTS ON S DEFAULT GC 16.0 S RIGHTS ON OWNER S DEFAULT 15.3 Termination 16.2 Work Stoppage 17.5 Referee 17.5 Referee 17.5 Referee 17.5 Referee 17.5 Referee Delete GC and substitute: (I) be entitled to (a) take possession of the Place of Work and the materials to be incorporated into the Work but not yet delivered, (b) utilize the construction machinery and equipment, subject to the right of third parties, and (c) complete the Work by whatever method the Owner may consider expedient, and Amend and by deleting 30 calendar days and substituting 60 calendar days. Delete GC and replace with: If a Referee is selected for appointment as provided by this GC then the parties shall enter into agreement with the Referee by signing a letter in the form set out in Schedule to these GC s. If one party and the Referee sign the agreement and, after presentation, the other party fails or refuses to sign the agreement, the defaulting party shall be deemed to be a party to that agreement. Amend by adding after the Referee the following: shall make decisions in a fair and impartial manner and. Amend by renumbering it GC and adding the following at the end: unless the parties agree otherwise. Add Despite , on written application of a party, the Master Municipal Documents Association may revoke the appointment of the Referee if the Association is satisfied the Referee is biased, unqualified to discharge the Referee s duties, or has failed to diligently and conscientiously perform the Referee s duties. A replacement Referee shall be selected for appointment as provided by this GC. Amend by deleting by either party, or both parties, and replacing with: by both parties but not by one party,

4 PAGE 4 OF 11 GC 18.0 PAYMENT GC 18.0 PAYMENT 17.7 Arbitration or Litigation 17.7 Arbitration or Litigation 17.7 Arbitration or Litigation 18.5 Payment 18.9 Waiver of Claims Delete GC and replace with: If (a) within 7 calendar days of the commencement of the Settlement Meeting, or such further period agreed by the parties, the matter is not settled by agreement, or (b) either party fails or refuses to participate in the Settlement Meeting with the time limit set out in GC , the Dispute shall, on delivery of a notice of arbitration by either party, be finally resolved by arbitration conducted under the arbitration rules of procedure of the B.C. International Commercial Arbitration Centre. Add GC If neither party requires, by notice of writing, that the Dispute submitted to arbitration under GC be arbitrated within the time limits required in the arbitration rules of procedure, all Disputes referred to arbitration under the Contract shall be: 1) held in abeyance until (a) Substantial Performance, (b) the Contract has been terminated, or (c) the Contractor has abandoned the Work, or whichever is earlier, and 2) Consolidated into a single arbitration under the arbitration rules of procedure. Add GC Nothing in this GC shall be construed in any way to limit a party from asserting any statutory right to a lien under the Builder s Lien Act and the assertion of such right by initiating judicial proceedings not to be construed as a waiver of any right that party may have under GC to proceed by way of arbitration to adjudicate the merits of claim upon which such a lien is based. Amend by replacing 15 th day to read 30 th day. And add the following: The actual amount paid is subject to the Owner s rights under law or this contract to make deductions. Amend by deleting the last sentence and replacing with: This waiver of claims shall include without limitation those claims that might arise from (1) the negligence or breach of contract by the Owner, or (2) the negligence or wrongful acts of the Owner s consultants or the Contract Administrator, but shall not include claims made by the Contractor in writing prior to such application in accordance with the provisions of the Contract Documents and delivered to the Contract Administrator prior to the date of Substantial Performance and still unsettled.

5 PAGE 5 OF 11 GC 18.0 PAYMENT GC 20.0 LAWS, NOTICES, PERMITS AND FEES GC 20.0 LAWS, NOTICES, PERMITS AND FEES GC 21.0 WORKERS COMPENSATION REGULATIONS GC 21.0 WORKERS COMPENSATION REGULATIONS 18.9 Waiver of Claims 20.4 Environmental Laws 20.5 Municipal Regulations 21.1 Evidence of Compliance 21.3 Compliance with Workers Compensation Requirements Amend by deleting the last sentence and replacing with: This waiver of claims shall include without limitation those claims that might arise from (1) the negligence or breach of contract by the Owner, or (2) the negligence or wrongful acts of the Owner s consultants or the Contract Administrator, but does not include claims made by the Contractor in writing prior to such application in accordance with the provisions of the Contract Documents and delivered to the Contract Administrator prior to the date of Substantial Performance and still unsettled. Add The Contractor shall indemnify the Owner for any costs, fines, expenses and penalties that the Owner is required to pay on account of the Contractor performing Work in breach of any applicable Federal, or Provincial or Municipal environmental laws, regulations, or orders. Add Municipal Regulations In tendering for this Work, and when called upon to enter into an agreement with the Owner, the Contractor and sub-contractors will be bound to comply with all laws, statutes and municipal bylaws pertaining to the Work. Add (1) The Contractor must be registered, and in good standing, with Worksafe BC. The Contractor is to provide their Worksafe BC Registration/Firm number. (2) A current Worksafe BC Clearance Letter from the Contractor must be received prior to the award of the Contract and must accompany all contract invoices (monthly) and from each Sub-Contractor with each monthly progress draw. (3) The Contractor must ensure that all fees, charges and/or assessments levied by the Worksafe BC for the protection of the Contractor s work force are paid prior to the commencement of the Work, and remain up-to-date throughout the length of the Contract. (4) The Contractor shall provide evidence of compliance upon request prior to receiving payment on substantial and total performance of the Work. Add The Contractor shall indemnify the Owner and hold the Owner harmless from all manner of claims, demands, costs, losses, penalties and proceedings arising out of or in any way related to unpaid WorkSafe BC assessments owing from any person employed on the work by the Contractor, by its sub-contractors or by any other person doing or contracting to do all or any part of the Work of this Contract or arising out of or in any way related to a failure to observe safety rules, regulations and practices of WorkSafe BC, including any penalties levied by WorkSafe BC.

6 PAGE 6 OF 11 GC 22.0 INDEMNIFICATION GC 22.0 INDEMNIFICATION 22.1 Contractor to Indemnify 22.1 Contractor to Indemnify Remove and replace as follows: The Contractor shall indemnify and hold harmless the District, its elected and other officials, officers, employees, agents, servants, representatives, and volunteers from and against any and all liability, loss, claims, demands, legal proceedings and expenses, including but not limited to legal expenses (hereinafter collectively referred to as the Claims ), when the Claims arise wholly or in part, directly or indirectly, as a result of any wrongful, blameworthy, or negligent acts or omissions, or breach of any terms of this Agreement by the Contractor, the Contractor s officers, directors, employees, sub-contractors, agents, representatives or volunteers in the course of providing services pursuant to this Agreement. This indemnity shall survive the termination, completion, or expiry of this Agreement. Any risk that Claims against the District may be made after the termination, completion, or expiry of this Agreement is assumed entirely by the Contractor. Without limiting the foregoing, the Contractor shall indemnify and hold harmless the District from and against, and shall pay to the District promptly on demand any amount in respect of, any loss or damage to the District s property and facilities arising either directly or indirectly as a result of the use of the property or facilities under the terms of this Agreement. The Contractor hereby waives all rights of subrogation or recourse against the District as a result of the granting of this Agreement or the use of the District s property or facilities. Add new clause as follows: The Contractor shall be obligated to defend the Owner and Contract Administrator from third party actions defined in 22.1.

7 PAGE 7 OF 11 GC 24.0 INSURANCE 24.1 Required Insurance Delete 24.1 and replace with: The Contractor will ensure the following insurances are in force with insurance company or companies and under policies of insurance acceptable to and approved by the Owner. (a) Commercial General Liability Insurance 1) The Contractor shall provide, maintain and pay for Commercial General Liability Insurance with a limit of Five Million Dollars ($5,000,000), inclusive per occurrence, Ten Million Dollars ($10,000,000) general aggregate for bodily injury, death, and damage to property including loss of use thereof, product/completed operations liability with a limit of Ten Million Dollars ($10,000,000) annual aggregate. 2) The insurance shall include the Owner, Contract Administrator and their officers, employees, volunteers and agents as Additional Insureds. 3) The insurance shall preclude subrogation claims by the insurer against anyone insured hereunder. 4) The insurance shall include coverage for:.01 Premises and Operations Liability;.02 Products and Completed Operations Liability;.03 Blanket Contractual Liability;.04 Cross Liability;.05 Elevator and Hoist Liability;.06 Contingent Employer s Liability;

8 PAGE 8 OF 11 GC 24.0 INSURANCE (cont d) 24.1 Required Insurance (cont d) Delete 24.1 and replace with: (cont d) (a) Commercial General Liability Insurance (cont d) 4) The insurance shall include coverage for: (cont d).07 Personal Injury Liability.08 Shoring, Blasting, Excavating, Underpinning, Demolition, Piledriving, Casisson Work, Work Below Ground Surface, Tunneling and Grading, as applicable;.09 Liability with respect to Non-owned Licensed Vehicles ($5,000,000);.10 Broad Form Property Damage;.11 Broad Form Completed Operations;.12 Limited Pollution Liability ($2,000,000);.13 Employees as Additional Insureds;.14 Broad Form Tenants Legal Liability (value of any rented office space, trailers or premises used during the Work); and.15 Operation of Attached Machinery. 5) Any applicable deductible shall not exceed Two Thousand Five Hundred Dollars ($2,500). 6) The insurance shall be maintained continuously from commencement of the Work until the date of final certificate for payment is issued or when the insured project is completed and accepted by or on behalf of the Owner, whichever occurs first plus with respect to completed operations coverage a further period of twenty-four (24) months. (b) Professional Liability Insurance 1) If any professional services are rendered by the Contractor, its sub-contractors or consultants, the Contractor shall provide, maintain and pay for, or require all subcontractors and consultants providing such services to provide, maintain and pay for Professional Liability, subject to limits of not less than One Million Dollars ($1,000,000) per claim for third party property damage, bodily injury or death. Consultants will include but not be limited to all architectural or engineering firms, project managers, construction managers, applied science technologists, land surveyors, quantity surveyor and environmental consultants providing professional services to the Project who are hired by or working on behalf of the Contractor. 2) Coverage will be maintained for a period of at least twenty-four (24) months after final completion of the Work. 3) Any applicable deductible shall not exceed one hundred thousand dollars ($100,000).

9 PAGE 9 OF 11 GC 24.0 INSURANCE (cont d) 24.1 Required Insurance Delete 24.1 and replace with: (cont d) (c) Automobile Liability Insurance The Contractor shall provide, maintain and pay for, and require all subcontractors to provide, maintain and pay for Automobile Liability Insurance in respect of all owned, rented or leased vehicles, subject to limits of not less than Five Million Dollars ($5,000,000) inclusive per occurrence. The insurance shall be placed with such company or companies and in such form and deductibles as may be acceptable to Owner. (d) (e) (f) Aircraft and/or Watercraft Liability Insurance If any owned or non-owned aircraft or watercraft are used directly or indirectly in the performance of the work, the Contractor shall provide, maintain and pay for Liability insurance with respect to such risks, subject to limits of not less than Five Million Dollars ($5,000,000) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof and including Aircraft Passenger Hazard where applicable. The insurance shall be placed with such company or companies and in such form and deductibles as may be acceptable to Owner. Contractors Equipment Insurance The Contractor shall provide, maintain and pay for and require all subcontractors to provide, maintain and pay for Contractors Equipment Insurance in respect of all owned, rented or leased equipment to its full insurable value. All such insurance shall have the right of subrogation waived against the Owner, Contract Administrator and their officers, employees, volunteers and agents. Additional Requirements Unless specified otherwise, the duration of each coverage and insurance policy shall be from the date of commencement of the Work until the date of final certificate for payment. The Contractor and/or his subcontractors, as may be applicable, shall be responsible for any deductible amounts under the policies of coverage and insurance. The Contractor shall provide, maintain and pay for any additional insurance which he is required to provide by law or which he considers necessary to cover risks not otherwise covered by coverage/insurance specified in this section. The Contractor shall provide the Owner with proof of insurance for the above insurances prior to the commencement of the Work in the form of a completed Certificate of Insurance.

10 PAGE 10 OF 11 GC 24.0 INSURANCE (cont d) GC 25.0 MAINTENANCE PERIOD GC 26.0 EARLY USE OF WORK 24.1 Required Insurance 25.1 Correction of Defects 26.1 Partial Use Delete 24.1 and replace with: (cont d) (f) Additional Requirements (cont d) The Owner shall not be responsible for injury to the Contractor s employees or for loss or damage to the Contractor s or to the Contractor s employees machinery, equipment, tools or supplies which may be temporarily used or stored in, on or about the premises during construction and which may, from time to time, or at the termination of the contract, be removed from the premises. The Contractor hereby waives all rights of recourse against the Owner or any other contractor with regard to damage to the Contractor s property. The Contractor releases the Owner and all their servants, agents or employees from all claims concerning liability or responsibility with respect to the adequacy of any insurance coverage pertaining to the Work. All insurances shall provide the Owner with 30 days prior written notice of cancellation or material change. The Contractor is responsible for ensuring that its subcontractors comply with the same insurance requirements outlined in this contract. Delete and replace with: The Owners shall provide the Contractor with access, at all reasonable times, to the location of any defect or deficiency described in this GC to enable the Contractor to correct the defect or deficiency, but the Contractor shall be responsible for (1) exposure of the defect or deficiency in order to correct or repair the defect or deficiency; (2) the restoration of the Work or other property that is disturbed or damaged in the course of i. exposing the defect or deficiency, or ii. correcting or repairing the defect or deficiency, and (3) all risks associated with any activity described in paragraphs (1) and (2); and (4) all costs to correct the defect or deficiency. Amend by deleting on written approval of the Contract Administrator and substituting with prior written notice to the Contract Administrator ARCHAEOLOGICAL ARTIFACTS 27.0 ARCHAEOLOGICAL ARTIFACTS 27.1 Add as follows: Any Archaeological Artifacts discovered by the Contractor shall, as between the Owner and the Contractor, be deemed to be the absolute property of the Owner Add as follows: The Contractor shall immediately advise the Contract Administrator of the discovery by the Contractor of any Archaeological Artifacts and take all reasonable precautions to protect and preserve same.

11 PAGE 11 OF WAGES 28.0 Add 28.1 as follows: Whenever in the performance of the Services any employee of the Contractor performs work of the same or a similar nature to work for which a wage is specified in the collective agreement between the District and the Canadian Union of Public Employees Local 2011 (the Collective Agreement ) the Contractor shall, as required by Article 34:01 of the Collective Agreement, pay such employee a wage not less than the wage specified for such work in the Collective Agreement, and the Contractor shall require any permitted subcontractor to do the same. Labourer $25.72 Maintenance Worker I - Street Operations $27.02 Parks Worker I $27.02 Maintenance Worker - Storm and Wastewater $27.63 Pipelayer/Fitter I $28.37 Assistant Maintenance Equipment Operator III - S&WW $29.15 Assistant Service Maintenance Technician - S&WW $30.59 Equipment Operator IV $30.59 Chargehand I - Public Works $31.31 Maintenance Equipment Operator III - S&WW $31.31 Utility Locator $31.31 Assistant Waterworks Operations Technician $32.06 Chargehand I - Street Operations $32.06 Chargehand I - Paint Crew - Street Operations $32.79 Chargehand II - Public Works $34.60 Street Operations Technician $34.60 Assistant Supervisor - Parks $36.43 Assistant Supervisor - Street Operations $36.43 Assistant Supervisor - S&WW $36.43 Supervisor - PW $ WAGES 29.0 CONTINGENCY ALLOWANCE Add 28.2 as follows: The Contractor must, for a period of not less than 7 years following the expiry or earlier termination of this Agreement, keep and maintain accurate time sheets, proper accounts and records of all wages paid to the Contractor s employees as required under 28.1, and these shall at all times be open to audit and inspection by the authorized representative of the District Add 29.1 as follows: No payment of the Contingency Allowance shall be made unless authorized in writing by the Contract Administrator.