[CONTRACT NAME] CCDC 2 (2008) -SUPPLEMENTARY CONDITIONS

Transcription

1 INSTRUCTIONS TO PROJECT MANAGERS COMPLETING THE CCDC 2 (2008) CONTRACT (INCLUDING THESE SUPPEMENTARY CONDITIONS) FOR HHS THESE ARE COMPLETION INSTRUCTIONS FOR PROJECT MANAGERS ONLY AND MUST BE DELETED ONCE THE SUPPLEMENTARY CONDITIONS ARE COMPLETED AND BEFORE THE CONTRACT IS SIGNED 1. Read the CCDC and these supplementary conditions and make sure they fit your Project. Do not rely only on the notes below. 2. If you are making changes to these supplementary conditions, have them vetted by the Hospital Project Management Team and in-house legal counsel. 3. Fill out the Agreement between Owner and Contractor in CCDC In Article A-3, list all the Contract Documents, including, where applicable, all addenda, any HHS-specific guidelines (e.g. CSA Z (IPC during Construction), CSA 82 (Mould), CSA Z318 (Commissioning Health Care)), designated substance reports, hazardous material information, existing as-built drawings (Ref. only) as confirmed by the Hospital Project Management Team and the Consultant. Note that paragraph of Article A5 Payment of he CCDC has been amended by these supplementary conditions and should not be filled in. 4. In SC 2.1, insert the name of the bank whose prime rate will be used as a reference rate under this Contract. 5. List all the Contract Documents in order of priority in SC 4.2. Pay careful attention to the order as it would be used in the event of a dispute if there is a conflict between two or more documents. If one document is to trump another it should be listed before the other. 6. Subparagraph in SC 10.1 provides for monthly updates to the construction schedule. Ensure monthly updates are appropriate in the context of your Project and revise as necessary. 7. Paragraph in SC 10.1 provides that changes to the construction schedule initiated by the Contractor which affect the date for Substantial Performance of the Work must be approved in writing by the Owner. There may be other critical dates that must be met and these would be project specific. Consider whether there are any such dates for your Project and whether they need to be added to this paragraph along with the date for Substantial Performance of the Work. 8. Review paragraph in SC 10.1 and ensure that it is consistent with your Project. 9. Paragraph in SC 13.5 requires compliance by the Contractor s forces with the instructions and the control procedures, if any, included in the Contract Documents. If there are any instructions or control procedures relevant to the Project, these need to be included in the list of Contract Documents in Article A In paragraph in SC 15.6 insert the list of items that you require the Contractor record in the Shop Drawing log. If something is not listed, it may not get recorded. 11. In paragraph in SC 18.1, there is optional language about whether Value Added Taxes are included in cash allowances. If these taxes are included in the cash allowances, delete the optional language. If they are not included, keep the optional language and remove the bolded font, the square brackets and the highlighting. 12. In SC 22.1 there are a couple of blanks relating to the number of days of notice of the anticipated date of Substantial Performance of the Work to be given by the Contractor to the Owner and the Consultant. The appropriate amount of notice is project-specific. Fill in these blanks as required for your Project. 13. Paragraph in SC 22.4 provides for a holdback amount on account of deficiencies of 200% of the amount estimated by the Consultant for the Owner to complete and correct such deficiencies. Ensure that this holdback amount is appropriate for your Project. 14. Paragraphs and set out what permits and approvals are to be obtained by the Owner and the Contractor. Carefully consider whether this needs to be amended for the Project. Hamilton Health Sciences Corporation PAGE - 1

2 15. Carefully consider the insurance requirements required for the Project. 16. It is recommended that project-specific extended warranties be identified and listed as part of the Contract. 17. Confirm that GC 13.1 aligns with the terms of the insurance coverages provided under the Contract. 18. Insert the Contract name and Project name in the header to these supplementary conditions. 19. Insert the Project number in the footer to these supplementary conditions. 20. Do not forget to delete these completion instructions once the supplementary conditions are finalized and before they are provided to the Contractor. * * * END OF COMPLETION INSTRUCTIONS Hamilton Health Sciences Corporation PAGE - 2

3 The Standard Construction Document for Stipulated Price Contract (CCDC ), English version, consisting of the Agreement Between Owner and Contractor, Definitions and General Conditions of the Stipulated Price Contract, Parts 1 to 12 inclusive and additional Part 13, governing same is hereby made part of these Contract Documents, with the following amendments and modifications: 1 GENERAL 1.1 Where a General Condition or paragraph of the General Conditions of the Stipulated Price Contract is deleted by these Supplementary Conditions, the numbering of the remaining General Conditions or paragraphs shall remain unchanged, and the numbering of the deleted item will be retained, unused. AGREEMENT BETWEEN OWNER AND CONTRACTOR 2 A-5 PAYMENT 2.1 Delete paragraph in its entirety and substitute new paragraph 5.3.1: 3 DEFINITIONS.1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest on such unpaid amounts shall also become due and payable until payment at the rate of 2% per annum above the prime rate. Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by [insert name of bank] for prime business loans as it may change from time to time. 3.1 Add the following definition: 27. Submittals Submittals are documents or items required by the Contract Documents to be provided by the Contractor, such as: - Shop Drawings, samples, models, mock-ups to indicate details or characteristics, before the portion of the Work that they represent can be incorporated into the Work; and - Record drawings and manuals to provide instructions to the operation and maintenance of the Work. PART 1 GENERAL PROVISIONS 4 GC 1.1 CONTRACT DOCUMENTS 4.1 Add new sentence to the end of paragraph 1.1.6: The Specifications are divided into divisions and sections for convenience but shall be read as a whole and neither such division nor anything else contained in the Contract Documents will be construed to place responsibility on the Consultant to settle disputes among the Subcontractors and Suppliers. 4.2 Delete subparagraph in its entirety and substitute new subparagraph :.1 the order of priority of documents, from highest to lowest, shall be - the Agreement between the Owner and the Contractor, - [list the balance of the Contract Documents in order of priority] 4.3 Add new subparagraph : Hamilton Health Sciences Corporation PAGE - 3

4 In case of discrepancies, noted materials and annotations shall take precedence over graphic indications in the Contract Documents. 4.4 Delete paragraph in its entirety and substitute new paragraph 1.1.8: 4.5 Add new paragraph : The Owner shall provide the Contractor, without charge, 10 copies of the Contract Documents. Additional copies may be purchased from the Consultant at cost plus 10% Where the masculine is used in the Contract Documents, it shall be read and interpreted as if the feminine or neuter had been used when the context of the statement so requires, and the rest of the sentence, clause, paragraph or item shall be interpreted as if all changes in grammar, gender or terminology thereby rendered necessary had been made. PART 2 ADMINISTRATION OF THE CONTRACT 5 GC 2.3 REVIEW AND INSPECTION OF THE WORK 5.1 Add the words by the Consultant after the words if so directed in paragraph GC 2.4 DEFECTIVE WORK 6.1 Delete paragraph in its entirety and substitute new paragraph : The Contractor shall promptly remove from the Place of the Work and replace or re-execute defective work that fails to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the Contractor. The correction of defective work shall be at the Contractor s expense. The Contractor shall rectify, in a manner acceptable to the Consultant, all defective work and deficiencies throughout the Work, whether or not they are specifically identified by the Consultant, and the Contractor shall prioritize the correction of any defective work so as not to interfere with, or derogate from, the construction schedule, provided that the Contractor shall prioritize the correction of any defective work that in the sole discretion of the Owner is determined to adversely affect the day to day operation of the Owner. 6.2 Delete paragraph in its entirety and substitute new paragraph 2.4.2: The Contractor shall promptly repair, restore, refurbish, rehabilitate, or perform filling operation on other contractors work destroyed or damaged by such rectifications to at least the condition existing at the commencement of the Work, in terms of construction integrity, finishes, alignment with existing adjoining surfaces, compatibility of materials, sound attenuation criteria, exfiltration/infiltration requirements, air/vapour barrier and thermal continuity, at the Contractor s expense. PART 3 EXECUTION OF THE WORK 7 GC 3.1 CONTROL OF THE WORK 7.1 Add new paragraphs and 3.1.4: Prior to commencing individual procurement, fabrication and construction activities, the Contractor shall Hamilton Health Sciences Corporation PAGE - 4

5 verify, at the Place of the Work, all relevant measurements and levels necessary for proper and complete fabrication, assembly and installation of the Work and shall further carefully compare such field measurements and conditions with the requirements of the Contract Documents. Where dimensions are not included or exact locations are not apparent, the Contractor shall immediately notify the Consultant in writing and obtain written instructions from the Consultant before proceeding with any part of the affected work In the event of an emergency threatening health, life or property, the Contractor shall take such action as may be reasonable and appropriate to save lives and protect persons from injury, and, this being done, to protect and preserve property. 8 GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 8.1 Delete paragraph in its entirety and substitute new paragraph 3.2.1: The Owner reserves the right to award separate contracts in connection with work related to the Project to other contractors and to perform work related to the Project with its own forces. The Owner may assign the coordination, scheduling and safety training of the work of the Owner s other contractors or the Owner s own forces to the Contractor. 8.2 Delete paragraph in its entirety and substitute new paragraph 3.2.2: When separate contracts are awarded for work related to the Project, or when such work is performed by the Owner s own forces, the Owner shall:.1 cause the Owner s other contractors or the Owner s own forces to comply with the instructions of the Contractor relating to coordination and scheduling of the activities and work of such contractors or the Owner s own forces with the Work of the Contract;.2 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract and provide for compliance by such other contractors with subparagraphs and and all directions of the Contractor in respect to any matter regarding site safety;.3 ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and.4 take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of the Owner s other contractors or the Owner s own forces. 8.3 Delete paragraph in its entirety and substitute new paragraph 3.2.3: When separate contracts are awarded for work related to the Project, or when work is performed by the Owner s own forces related to the Project, the Contractor shall:.1 subject to the performance by the Owner of its obligations under subparagraphs and , provide for the coordination and scheduling of the activities and work of the Owner s other contractors and the Owner s own forces with the Work of the Contractor;.2 afford the Owner and the Owner s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; Hamilton Health Sciences Corporation PAGE - 5

6 .3 participate with the Owner s other contractors and the Owner in reviewing their construction schedules when directed to do so by the Owner and/or the Consultant;.4 where part of the Work is affected by or depends upon, for its proper execution, the work of the Owner s other contractors or the Owner s own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work any readily apparent deficiencies in such work. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of such readily apparent deficiencies; and.5 subject to GC 9.4, for the Owner s own forces and for other contractors, assume overall responsibility for compliance with all aspects of the applicable Health and Safety legislation of the Place of the Work, including all the responsibilities of the constructor under the Occupational Health and Safety Act (Ontario) ( OHSA ). 8.4 Delete paragraph in its entirety and substitute new paragraph 3.2.4: The Contractor shall not be responsible for any failure in the performance of the work of the Owner s other contractors or the Owner s own forces. If:.1 any of the Owner s other contractors or the Owner s own forces cause any damage to the Work; or.2 the Contractor incurs any additional costs or there is any delay in the construction schedule as a result of any of the Owner s other contractors or the Owner s own forces not complying with the coordination, scheduling and safety instructions of the Contractor; or.3 the Contractor incurs any additional costs or there is any delay in the construction schedule as a result of any work done by the Owner s other contractors or the Owner s own forces (other than work that is described in the Contract Documents and performed by such other contractors or the Owner s own forces in accordance with the terms of their respective contracts or engagements with the Owner and using standards, practices, methods and procedures to a good commercial standard in conformity with applicable laws, statutes, ordinances, building codes, or rules or regulations and, in each case of the foregoing, having regard to the standard of care required under paragraph ); the Contractor shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay in each case authorized and valued as a Change Order. 8.5 Delete paragraph in its entirety and substitute new paragraph 3.2.5: Claims, disputes, and other matters in question between the Contractor and the Owner s other contractors shall be dealt with in substantially the same manner as contemplated in PART 8 DISPUTE RESOLUTION provided the Owner s other contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor of the Owner whose contract with the Owner contains a similar agreement to arbitrate. 8.6 Delete paragraph in its entirety and substitute new paragraph 3.2.6: Placing, installing, application and connection of work performed by the Owner s own forces or by the Owner s other contractors, on and to the Work performed by the Contractor will not relieve the Contractor s responsibility to provide and maintain the specified warranties with respect to the Work except Hamilton Health Sciences Corporation PAGE - 6

7 8.7 Add new paragraph to the extent that the placing, installing, application or connection of such work by the Owner s own forces or by the Owner s other contractors on and to the Work performed by the Contractor gives rise to a claim under the warranties provided by the Contractor, in which case such warranties shall not apply to such claim Entry onto the Work by the Owner s forces or by other contractors does not constitute acceptance of the Work and does not relieve the Contractor of responsibility to complete the Work. 9 GC 3.4 DOCUMENT REVIEW 9.1 Delete paragraph in its entirety and substitute new paragraph 3.4.1: 9.2 Add new paragraph 3.4.2: The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover. Such review by the Contractor shall comply with the standard of care described in paragraph Except for its obligation to make such review and report the result, the Contractor does not assume any responsibility to the Owner or to the Consultant for the accuracy of the Contract Documents. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents, which the Contractor could not reasonably have discovered. If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant If the Contractor finds discrepancies in and/or omissions from, the Contract Documents or has any doubt as to the meaning or intent of any part thereof, the Contractor must immediately notify the Consultant, who will provide written instructions or explanations. Neither the Owner, nor the Consultant will be responsible for oral instructions. 10 GC 3.5 CONSTRUCTION SCHEDULE 10.1 Delete paragraph in its entirety and substitute new paragraphs 3.5.1, 3.5.2, and 3.5.4: The Contractor shall:.1 review the proposed schedules and deadlines of the Owner for the Work and include them in its proposed construction schedule;.2 prepare and submit to the Owner and the Consultant as soon as practical and in any event within thirty (30) days of execution and delivery of this Contract a detailed construction schedule indicating the critical path for the Project demonstrating that the Work will be performed in conformity with the Contract Time and in accordance with the Contract Documents, including without limitation indicating the schedule for the work, if any, to be completed by Owner s own forces or by other contractors, the date for Substantial Performance of the Work, any sequencing requirements and the schedule for commissioning the Work. The Contractor shall provide the schedule information required by this paragraph in both electronic format and hard copy. The Owner and the Consultant will respond to the Contractor, in writing, within ten (10) Working Days of receipt of the construction schedule, with either their detailed comments or acceptance of the construction schedule as complete;.3 in the event that the Owner and the Consultant do not accept the Contractor s initial construction schedule submission as complete, the Contractor shall re-submit as many times as necessary the Hamilton Health Sciences Corporation PAGE - 7

8 construction schedule, revised in accordance with the Owner s and the Consultant s detailed comments and each re-submission shall be provided within five (5) Working Days of receipt of the Consultant s and the Owner s detailed comments who in turn shall also respond within five (5) Working Days. When the construction schedule pursuant to subparagraph has been accepted as complete by the Owner and the Consultant, it shall be the baseline construction schedule against which the Contractor shall monitor progress of the Work;.4 advise the Consultant promptly of any error or omission in the construction schedule and correct such error or omission;.5 continuously monitor the progress of the Work relative to the construction schedule reviewed and accepted pursuant to subparagraphs and , or any successor or revised schedule accepted by the Owner pursuant to GC 3.5, update the schedule on a monthly basis and advise the Consultant and the Owner in writing of any variation from the baseline or slippage in the schedule;.6 provide the expertise and resources, such resources including manpower and equipment, as are necessary to maintain progress under the accepted baseline construction schedule referred to in subparagraphs and or any successor or revised schedule accepted by the Owner pursuant to GC3.5;.7 if, after applying the expertise and resources required under subparagraph , the Contractor forms the opinion that the slippage in schedule reported in paragraph cannot be recovered by the Contractor, it shall, in the same notice provided under paragraph , indicate to the Consultant and the Owner if the Contractor intends to apply for an extension of Contract Time as provided in PART 6 - CHANGES IN THE WORK;.8 identify potential variances between scheduling and scheduled completion dates, review the schedule of Work not started or incomplete and implement necessary adjustments in the construction schedule in order to meet the date for Substantial Performance of the Work set out in the construction schedule including the movement of manpower and equipment in response to availability of work areas;.9 where applicable, comply with the construction schedule so as not to interfere with the other activities of the Owner in any existing buildings;.10 monitor the Subcontractors personnel staffing and equipment and the availability of materials and supplies in order to meet the construction schedule and take appropriate courses of action when requirements of a contract with any Subcontractor, Supplier or sub-subcontractor are not met;.11 obtain from Subcontractors and Suppliers a schedule showing the order number, vendor s name, shop drawing status, manufacturing lead time and delivery date of all critical material and equipment required for the Work;.12 pre-order equipment, materials and supplies where necessitated by cost and/or time factors and expedite delivery of critical items; and.13 where applicable, in consultation with the Owner and the Consultant, include in the construction schedule the integration of the equipment specifications, rough-in requirements, supply and installation, including Owner s equipment, to ensure the ordering, delivery, receiving and supply of equipment does not impact on the construction schedule Any changes to the critical path of the construction schedule initiated by the Contractor which affect the date for Substantial Performance of the Work must be approved in writing by the Owner. Subject to the terms of PART 6 CHANGES IN THE WORK, any Owner approval of such changes to the critical path does not entitle the Contractor to a Change Order, to extend the Contract Time or add to the Contract Price. Hamilton Health Sciences Corporation PAGE - 8

9 11 GC 3.6 SUPERVISION If the Contractor is not meeting the deadlines set out in the construction schedule consistent with its obligations under the Contract, then at the written request of the Owner or the Consultant, the Contractor, and its Subcontractors, Suppliers and sub-subcontractors as required, shall promptly increase efforts on the Project including the addition of more personnel to the Project during regular times and during periods of time for which overtime may be required, and, if the delay is for any reason other than as described in paragraphs or 6.5.2, all expenses and costs incurred as a result shall be borne by the Contractor. Any dispute between the parties as to whether the Contractor is meeting the deadlines set out in the construction schedule shall be resolved in accordance with PART 8 DISPUTE RESOLUTION The Contractor shall submit a monthly construction status report to the Owner by the twentieth (20th) Working Day of each month which shall include an update of the construction schedule prepared in accordance with all the requirements of GC 3.5. The Contractor shall endeavour to use project management software compatible with that of the Owner. This document will appropriately address significant aspects of, and variances in, the progress of the Work, and shall include, without limitation, an executive bar chart summary of the construction schedule, the current schedule performance index and the Contractor s narrative report addressing any significant problems and decisions and pending claims and a detailed report showing the costs to complete the balance of the Work. Included also will be an executive summary of the progress to date of the building systems. A financial status report will be included together with report of any pending or other matters or claims that could have a financial impact on the Project, including without limitation, a report on any labour disruptions or strikes that may have occurred or are pending. Progress photos from different views to indicate the progress of the Work are also to be included as well as a safety report addressing any incidents or accidents. The progress photos must be in digital format and must indicate the date and location of the photograph. Items of immediate concern are to be highlighted, noting when decisions must be reached in order to keep the Project on schedule. Also included shall be approved Change Orders Delete paragraph in its entirety and substitute new paragraph 3.6.1: 11.2 Add new paragraph 3.6.3: The Contractor shall provide all necessary supervision and appoint competent representatives who shall be in attendance at the Place of the Work while work is being performed. The appointed representatives shall not be changed except for valid reasons, and upon the Contractor obtaining the Consultant s and the Owner s written consent, which consent will not be unreasonably withheld The Owner may, at any time during the course of the Work, request the replacement of the appointed representative(s), where the grounds for the request involve conduct which jeopardizes the safety of the Owner s operations. Immediately upon receipt of the request, the Contractor shall make arrangements to appoint a replacement acceptable to the Consultant. 12 GC 3.7 SUBCONTRACTORS AND SUPPLIERS 12.1 Delete paragraph in its entirety and substitute new paragraph 3.7.2: The Contractor agrees not to change Subcontractors without prior written approval of the Owner, which approval will not be unreasonably withheld. 13 GC 3.8 LABOUR AND PRODUCTS 13.1 Add to the end of the existing sentence in paragraph the words: and shall as appropriate provide separate metering for such services Hamilton Health Sciences Corporation PAGE - 9

10 13.2 Add new sentence to the end of paragraph 3.8.1: The Contractor shall arrange for delivery for such materials and equipment to the Project in accordance with the construction schedule Delete the second sentence of paragraph and replace with the following sentences: All work will be new, of good quality, and free from faults, improper workmanship and defects and in conformance with the Contract Documents. Products which are not specified shall be of a quality best suited to the purpose required and their use subject to the approval of the Consultant Delete paragraph in its entirety and substitute new paragraph 3.8.3: The Contractor shall (i) maintain good order and discipline among all personnel engaged on the Work and shall promote and maintain a good relationship with all personnel; (ii) shall not employ any persons to perform the Work who are incompatible with other labour employed by the Contractor in connection with the Work; and (iii) act promptly on all problems of labour relations including grievances and jurisdictional disputes. The Contractor shall not employ on the Work anyone not skilled in the task assigned to him and shall adopt and enforce regulations with respect to safety, fire prevention, smoking, the use of alcoholic beverages, illegal drugs and other controlled substances and other activities that will or may constitute a danger to life, health or property Add new paragraphs and 3.8.5: At the Owner s instruction, the Contractor shall promptly remove from the Place of the Work any employee who represents a threat to the safety or progress of the Project or persons on the Project, or who is not following the instructions and the control procedures, if any, included in the Contract Documents or whose conduct may be considered as harassment in the workplace of any person who is an employee of the Owner under the Human Rights Code (Ontario) The Contractor is responsible for the safe on-site storage of Products and their protection (including Products supplied by the Owner and other contractors to be installed under the Contract) in such ways as to avoid dangerous conditions or contamination to the Products or other persons or property and in locations at the Place of the Work to the satisfaction of the Owner and the Consultant. The Owner shall provide all relevant information on the Products to be supplied by the Owner. 14 GC 3.9 DOCUMENTS AT THE SITE 14.1 Delete paragraph in its entirety and substitute new paragraph 3.9.1: The Contractor shall keep one copy of the current Contract Documents, Supplemental Instructions, Contemplated Change Orders, Change Orders, Change Directives, Cash Allowance Disbursement Authorizations, reviewed Shop Drawings, Submittals, reports and records of meetings at the Place of the Work, in good order and available to the Owner and Consultant. 15 GC 3.10 SHOP DRAWINGS 15.1 Add the words AND OTHER SUBMITTALS to the Title after SHOP DRAWINGS 15.2 Add and Submittals after the words Shop Drawings in paragraphs , , , , , , , , and Delete paragraph in its entirety and substitute new paragraph : Hamilton Health Sciences Corporation PAGE - 10

11 Prior to the first application for payment, the Contractor and the Consultant shall jointly prepare a schedule of the dates for submission and return of Shop Drawings and any Submittals Delete subparagraph in its entirety and substitute new subparagraph :.1 the Contractor has determined and correlated the field measurements with the Shop Drawings and any Submittals and field construction conditions, Product requirements, catalogue numbers and similar data, or will do so if not possible at that time, and 15.5 Delete paragraph in its entirety and substitute new paragraph : The Consultant will review and return Shop Drawings and Submittals in accordance with the schedule agreed upon in , or, in the absence of such schedule, with reasonable promptness. If, for any reason, the Consultant cannot process them within the agreed-upon schedule or with reasonable promptness, the Consultant shall notify the Contractor and they shall meet to review and arrive at a mutually acceptable revised schedule for processing. The Contractor shall update the Shop Drawings and Submittals Schedule to correspond to changes in the construction schedule. Changes in the Contract Price or Contract Time may be made only as otherwise provided in the Contract Add new paragraph : The Contractor shall maintain and regularly update a Shop Drawing log. This log shall at a minimum record the following: [insert things that HHS wants to have recorded in the log]. The log shall be produced at each regular site meeting. 16 GC 3.12 CUTTING AND REMEDIAL WORK 16.1 Add the words by the Consultant after the words remedial work required in paragraph ADDITIONAL GENERAL CONDITIONS 17.1 Add new GC 3.14 and GC 3.15: GC 3.14 PERFORMANCE BY CONTRACTOR In performing its services and obligations under the Contract, the Contractor shall exercise a standard of care, skill and diligence that would normally be provided by an experienced and prudent contractor supplying similar services for similar projects. The Contractor acknowledges and agrees that throughout the Contract, the Contractor s obligations, duties and responsibilities shall be interpreted in accordance with this standard. The Contractor shall exercise the same standard of due care and diligence in respect of any Products, personnel, or procedures which it may recommend to the Owner The Contractor further represents, covenants and warrants to the Owner that:.1 it has experience in the construction of health facilities and other public buildings and it has the appropriate level of expertise and experience required to enable it to perform the services required by the Contract Documents, to review and interpret the Contract Documents and to complete the Work in accordance with the standard of care set out in paragraphs and ;.2 the manager or supervisory personnel it assigns to the Project are highly experienced and the other personnel is assigns to the Project are appropriately experienced;.3 it has sufficient staff of qualified and competent personnel to replace its designated supervisors, subject to the Owner s approval, in the event of death, incapacity or resignation; Hamilton Health Sciences Corporation PAGE - 11

12 PART 4 ALLOWANCES.4 there are no claims or, to the knowledge of the Contractor, there are no pending, threatened or anticipated claims that would have a material adverse affect on the financial ability of the Contractor to perform the Work;.5 it has conducted inspections of the Place of the Work and an investigation and examination of the Contract Documents and any other documents made available to the Contractor by the Owner, so as to ascertain the nature of the location of the Work and the Place of the Work, the physical conditions of the Place of the Work, the interface with the existing buildings, if applicable, and protocols, rules and regulations, if any, possible delays in commencing the Work, conditions relating to the transportation, handling and storage of materials and availability of labour and the character and availability of equipment, materials and facilities needed to perform the Work to identify any matter arising under, with respect to or in connection with the Contract Documents, and in particular the drawings and specifications, which requires clarification in order to complete the Work. The Contractor has delivered to the Consultant requests for information in respect of all questions arising out of the foregoing inspections, investigations and examinations and in respect of each such matter identified;.6 it has retained the necessary consultants or has sufficient staff with the appropriate skills to review the Contract Documents; and.7 if applicable, it has solicited bids from and will award subcontracts only to the subcontractors approved by the Owner The Contractor shall attend meetings with respect to the Work as may be directed by the Consultant. The Contractor shall not claim any extra compensation for attendance at these meetings. Each of the Contractor and the Owner shall provide a representative to attend such meeting that is able to make decisions on each of their respective behalf. GC 3.15 RIGHT OF ENTRY The Owner shall have the right to enter or occupy the Work in whole or in part for the purpose of placing fittings and equipment or for other uses before Substantial Performance of the Work, if, in the opinion of the Contractor, such entry or occupation does not prevent or substantially interfere with the Contractor in completion of the Contract within the Contract Time. Such entry or occupation shall not be considered as acceptance of the Work or in any way relieve the Contractor from responsibility to complete the Contract. 18 GC 4.1 CASH ALLOWANCES 18.1 Delete paragraphs 4.1.1, 4.1.2, 4.1.3, 4.1.4, 4.1.5, and in their entirety and substitute new paragraphs 4.1.1, 4.1.2, and 4.1.4: The Contract Price includes the cash allowances, if any, stated in the specifications of the Contract Documents which shall be expended as the Owner directs through the Consultant Unless otherwise indicated, cash allowances cover the net cost to the Contractor of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances [but do not include any Value Added Tax payable by the Owner to the Contractor] Purchases from cash allowances must be authorized by the Consultant as directed by the Owner and the Hamilton Health Sciences Corporation PAGE - 12

13 PART 5 PAYMENTS form and methods of accounting for costs shall be agreed to by the Owner, the Consultant and the Contractor before proceeding with the purchase. Cash allowance review will be part of the regular site meeting The parties acknowledge that the following provisions apply to cash allowances:.1 the Contract Price, and not the cash allowances, includes the Contractor s overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed in the aggregate the total amount of all cash allowances, the Contractor shall be compensated for overhead and profit on the excess as set out in the Contract Documents;.2 subject to subparagraph below the Contract Price shall be adjusted by written Change Order to provide for any aggregate excess or deficit in all cash allowances;.3 the value of Work performed under cash allowances is eligible to be included in progress payments;.4 modifications to the construction schedule shall be prepared by the Contractor and reviewed by the Consultant to show when items called for under cash allowances must be authorized and or ordered so that the progress and completion of the Work are not delayed;.5 any surpluses in a cash allowance may at the election of the Owner be used to fund other cash allowances or to fund changes in the scope of the Work elsewhere in the Contract as may be authorized under a Change Order or a Change Directive in accordance with GC 6.2 and GC 6.3, as the case may be, but without the imposition of overhead and profit;.6 any surplus in the aggregate of cash allowances remaining after the application of subparagraph above shall be credited to the Owner and deducted from the Contract Price; and.7 the Owner reserves the right to call, or have the Contractor call, competitive bids for portions of the Work, to be paid for from cash allowances. 19 GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 19.1 Revise the heading, GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER to read, GC 5.1 FINANCING INFORMATION REQUIRED Delete paragraph in its entirety and substitute new paragraph 5.1.1: The Owner and Contractor shall provide each other with timely Notice in Writing of any material change in their financial ability to fulfil their respective obligations under the Contract Delete paragraph in its entirety. 20 GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 20.1 Add new sentence to the end of paragraph as follows: The application for payment shall also include and separately state the value of the Work performed in respect to Change Orders or Change Directives the payment of which the Owner is responsible for. Hamilton Health Sciences Corporation PAGE - 13

14 20.2 Delete paragraph in its entirety and substitute new paragraph 5.2.5: The schedule of values shall be made out in such form, broken down in such detail and supported by such evidence as the Owner and the Consultant may reasonably direct and when accepted by the Consultant and the Owner, shall be used as the basis for applications for payment, unless it is found to be in error Delete paragraph in its entirety and substitute new paragraph 5.2.6: The Contractor shall submit with each application for payment a statement based on the schedule of values, a Workplace Safety & Insurance Board Clearance Certificate and the updated construction schedule Add new sentence to the end of paragraph as follows: Any Products delivered to the Place of the Work but not yet incorporated into the Work shall remain at the risk of the Contractor notwithstanding that title has passed to the Owner pursuant to GC Add new paragraphs and 5.2.9: The Contractor shall submit, with each application for progress payment after the first, a Statutory Declaration, on an original form of CCDC Document 9A-2001 (or latest version), stating that payments in connection with the Work, as noted in the Statutory Declaration, have been made to the end of the period immediately preceding that covered by the current application The Contractor shall prepare and maintain current as-built Drawings which shall consist of the Drawings and Specifications revised by the Contractor during the Work, showing changes to the Drawings and Specifications, which current as-built Drawings shall be maintained by the Contractor and made available to the Consultant for review with each application for progress payment. The Consultant reserves the right to retain a reasonable amount for the value of the as-built Drawings not presented for review. 21 GC 5.3 PROGRESS PAYMENT 21.1 Add to the end of subparagraph the following: and will provide to the Owner a copy of such application, Delete from the first line of subparagraph , the words, calendar days and substitute the words: Working Days Delete subparagraph in its entirety and substitute new subparagraph :.3 the Owner shall make payment to the Contractor on account as provided in Article A-5 PAYMENT no later than 20 Working Days after the date of a certificate of payment issued by the Consultant. 22 GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 22.1 Add new sentences to the beginning of paragraph as follows: The Contractor shall deliver a notice to the Owner and the Consultant at least ( ) days prior to the date anticipated by the Contractor to be the date of Substantial Performance of the Work and shall reconfirm the anticipated date of Substantial Performance of the Work ( ) days prior to the anticipated date. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date Add new sentence to the end of subparagraph as follows: The certificate shall be accompanied by a report of the Consultant confirming the list of items to be completed or corrected. Hamilton Health Sciences Corporation PAGE - 14

15 CCDC SUPPLEMENTARY CONDITIONS 22.3 Delete paragraph in its entirety and substitute new paragraph 5.4.3: Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish reasonable dates for finishing the Work and correcting deficient work Add new paragraphs 5.4.4, 5.4.5, and as follows: The Contractor shall publish, in a construction trade newspaper in the area of the location of the Work, a copy of the Certificate of Substantial Performance of the Work within seven (7) calendar days of receiving a copy of the Certificate signed by the Consultant, and the Contractor shall provide suitable evidence of the publication to the Consultant and Owner. If the Contractor fails to publish such notice, the Owner shall be at liberty to publish and back charge the Contractor its reasonable costs for doing so Prior to delivering its application for Substantial Performance of the Work, the Contractor shall submit to the Consultant all:.1 guarantees,.2 warranties,.3 certificates,.4 testing and balancing reports,.5 distribution system diagrams,.6 spare parts,.7 maintenance manuals, and other materials or documentation required to be submitted under the Contract, together with written proof acceptable to the Owner and the Consultant that the Work has been substantially performed in conformance with the requirements of municipal, government and utilities authorities having jurisdiction Where the Contractor is unable to deliver the documents and materials described in paragraph 5.4.5, then, provided that none of the missing documents and materials interferes, in a material way, with the use and occupancy of the Work, failure to deliver shall not be grounds for the Consultant to refuse to certify Substantial Performance of the Work. Any documents or materials not delivered in accordance with paragraph shall be delivered as provided in paragraph The Owner may withhold any payment otherwise due a holdback amount that is 200% of the amount estimated by the Consultant for the Owner to complete and rectify any defects, deficiencies and items of outstanding Work. The Consultant shall inspect the completion of any defects, deficiencies and items of outstanding Work and shall provide a monthly progress report to the Owner describing the defects, deficiencies and items of outstanding Work which have been completed to the satisfaction of the Consultant and the Owner shall release from such holdback the amount of any holdback allocated to the defects, deficiencies and items of outstanding Work which have been completed. If the Contractor is not diligently working towards completion of the deficient work to the Consultant s satisfaction, the Owner may engage others to perform the work necessary to complete and rectify the defects, deficiencies and items of outstanding Work at the risk and cost of the Contractor and the Owner may deduct such cost from the holdback amount or any other amount remaining owing by the Owner to the Contractor. If the cost of completion and rectification of any defects, deficiencies and items of outstanding Work exceeds the amount held back by the Owner then the Contractor shall reimburse the Owner for all such excess costs. Hamilton Health Sciences Corporation PAGE - 15

16 23 GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK 23.1 Add new subparagraphs , and :.3 submit a written request for release of holdback including a declaration that no written notices of lien have been received by it..4 submit a Statutory Declaration CCDC 9A-2001 (or latest version)..5 submit a Workplace Safety & Insurance Board Clearance Certificate Delete from line 1 of paragraph the word statement and substitute the documents Add new paragraph 5.5.6: Prior to date of the release of the holdback, the Contractor shall have removed from the Place of the Work all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve completion of the Work or to correct or complete any remaining deficiencies. 24 GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 24.1 Add new paragraph 5.6.4: For release of holdback on subcontract work which is 100% complete, prior to final payment, the Contractor shall make application by written request for a review to determine the date of completion of the subcontract and shall submit such supporting material as the Consultant may in his discretion require, and may include statutory declarations from such persons and dealing with such matters as the Consultant requires. Such material shall in any event include: 25 GC 5.7 FINAL PAYMENT.1 Description of the scope of work included in the subcontract..2 Declaration of Last Supply by the Subcontractor as prescribed in subsection 31(5) of the Construction Lien Act (Ontario) (Form 5)..3 Certificate of Completion of Subcontract as prescribed in subsection 33(1) of the Construction Lien Act (Ontario) (Form 7).4 Workplace Safety & Insurance Board clearance certificate for the Contractor, the Subcontractor concerned, and any other subcontractors and suppliers who have provided any services to the Subcontractor..5 Statutory declaration by an officer of the Subcontractor in the form CCDC Document 9B Contractor's written acknowledgement to the Owner that the requirements of the Contract Documents will not be altered by early release of the holdback of the completed subcontracts..7 Confirmation by the bonding company that it has been notified of the intent to claim early release of holdback and does not object Delete paragraph in its entirety and substitute new paragraph: Hamilton Health Sciences Corporation PAGE - 16

17 5.7.1 When the Contractor considers that the Work is completed, the Contractor shall submit to the Consultant an application for final payment. The Contractor s application for final payment shall be accompanied by any documents or materials not yet delivered pursuant to paragraph together with complete as-built Drawings. Should the Contractor fail to deliver any of the foregoing documents, the Owner shall be at liberty to withhold from amounts otherwise payable to the Contractor, the amount determined by the Consultant as security for the obligation of the Contractor to deliver the undelivered documents Delete from line 1 of paragraph the words calendar days and substitute Working Days Delete from line 2 of paragraph the words calendar days and substitute Working Days Add new paragraph 5.7.5: As additional requirements for release of finishing construction lien holdback, the Contractor shall submit to the Consultant the following documentation: PART 6 CHANGES IN THE WORK 26 PART 6 CHANGES IN THE WORK.1 Contractor s written request for release of holdback, including a declaration that no written notices of lien have been received by it..2 Contractor s Statutory Declaration CCDC 9A-2001 (or latest version)..3 Contractor s Workplace Safety & Insurance Board Clearance Certificate Add new paragraphs 6.1.3, 6.1.4, 6.1.5, 6.1.6, 6.1.7, 6.1.8, 6.1.9, , and : Unit prices included in the Contract, or prices pro rata thereto, will be used in the first instance in pricing changes Where work is added pursuant to GC 6.2 or GC 6.3, the Contract Price shall be increased only by the actual net cost to the Contractor of the work added (taking into account any savings arising from the change), excluding Value Added Taxes, plus the Contractor s overhead and profit on such actual net cost, identified separately and calculated as follows:.1 Contractor s overhead and profit on its own work: Overhead Profit Actual Net Cost per Change Order or Change Directive 10% 10% between $0 to $ % 7% between $1, to $4, % 5% over $5, Contractor s overhead and profit on Subcontractor s work: Overhead Profit Actual Net Cost per Change Order or Change Directive 5% 10% between $0 to $ Hamilton Health Sciences Corporation PAGE - 17