Municipality of Middlesex Centre Community Services Department

Transcription

Municipality of Middlesex Centre
Community Services Department
Delaware Lions Park
Prefabricated Skatepark
Design, Supply and Construction of Prefabricated Skatepark
Contract No. RFP-CS-01-2015
Sealed Tenders for Delaware Lions Park – Prefabricated Skatepark will be received up to 2:00:00 p.m.
local time on Friday, April 17, 2015 in the office of Scott Mairs, Director of Community Services,
Municipality of Middlesex Centre, 1 Tunks Lane, Komoka, Ontario, N0L 1R0, and opened publicly as
soon as possible thereafter.
Scope of Work:
This Request for Proposal (RFP) is for the selection of a Design-Build Contractor to provide complete
and professional design-build services on a Design-Build performance basis for the construction of a
Prefabricated Skatepark to be located at Delaware Lions Park. The work will include, but is not
limited to, the supply of all products, labour, equipment and materials to strip the existing turf,
subexcavate load haul and place subexcavated material on site, supply and install a new
prefabricated skatepark system, safety fencing, and site restoration.
User groups have provided the following list of desirable features to be considered in the skatepark
design:
•
•
•
•
•
•
•
Stair Set (4-6) with a rail and/or hubba,
A China gap (ramp to ramp gap with green space to clear over),
An A-frame ramp with a hubba and/or rail,
Grind box,
Flat bar rail,
A 4ft high quarter pipe, and
A bank ramp(s).
The Municipality of Middlesex Centre requires the services of a qualified and competent firm with
extensive experience in the area of prefabricated Skatepark construction to project manage all
aspects of the engineering design and construction. The Municipality requests responses from firms
in a formal detailed proposal indicating interest, qualifications, relevant team experience, approach
and methodology and cost to successfully undertake this project. Potential proponents will be
asked to provide a brief presentation outlining why their firm should be selected. The Proposals will
be assessed according to how well they assure The Municipality of success in relation to the
submission requirements. The detail and clarity of the written Proposal will be considered indicative
of the Proponent’s expertise and competence. Interested Proponents are expected to review the
requirements of this RFP and the proposed project carefully in order to ascertain all costs for
resources and services required to deliver the proposed project.
April 2, 2015
The winning Proponent is expected to provide detailed design drawings stamped by appropriate
professionals with memberships in good standing in Ontario, and will also be required to provide site
inspections and final sign-offs of the Engineers of record.
The winning Proponent will be expected to enter into a stipulated price design-build contract based
on the contract including all supplementary conditions with The Municipality of Middlesex Centre. All
conditions of CCDC-14: 2013 and associated supplementary conditions (Section C) will apply to any
and all sub-contracts as well. The Work is to be completed in accordance with Specifications
attached to these RFP Documents available in Section D.
The Municipality and residents of Middlesex Centre have committed a total budget of $120,000 for
this project.
A Bid Bond or Certified Cheque in the amount of 10% of the Stipulated Bid Price and an Agreement
to Bond must accompany each Tender.
Proponents must provide proof of insurance as outlined in CCDC-14: 2013 and the supplemental
general conditions with their submission.
Proponents must provide an E-Clearance Certificate for the Municipality of Middlesex Centre
through the WSIB online e-services website.
Background:
Delaware Lions Park is a multi-faceted facility, including one unlit baseball diamond, one full and two
mini soccer fields, two unlit tennis courts, and an outdoor ball hockey rink. The Delaware Public
Library is also located at the southeast corner of the park. The potential prefabricated skatepark site
is approximately 515 m2 or 5,525 ft2.
Project Location and Site Investigations:
Delaware Lions Park is located at 48 York Street, Delaware, Ontario. The proposed skatepark is to be
located in the northwest corner of the park, adjacent to the intersection of York Street and Mill Creek
Lane. The site is currently comprised of a gravel parking lot and grassed berm.
The Municipality has retained Trueline Services to provide the topographical survey for the existing
site. The survey is dated January 30, 2015 and is attached as Appendix 1.
The Municipality has retained Stantec Consulting Ltd. to provide an Existing Conditions, Opportunities
& Constraints Plan for the existing site. The plan is attached as Appendix 2.
The Municipality has retained Stantec Consulting Ltd. to provide a Preliminary Skatepark Concept
Plan. The plan is attached as Appendix 3.
The Municipality has retained Golder Associates, to provide the Geotechnical Investigation for the
existing field location. The report is dated February 17, 2015 and is attached as Appendix 4.
Plans, specifications and tender forms may be obtained from The Municipality of Middlesex Centre: 1
Tunks Lane, Komoka, Ontario N0L 1R0, (519-601-8022).
April 2, 2015
Project Schedule:
Tender Release: Thursday, April 2, 2015
Deadline for Questions: Tuesday, April 14, 2015
Tender Closing Date: Friday April 17, 2015 2:00:00 PM
Anticipated Construction Start Date: May 11, 2015
Completion Date: June 25, 2015
April 2, 2015
Delaware Lions Park
CONTRACT DOCUMENTS
- GENERAL INDEX SECTION A
INFORMATION FOR TENDERERS
SECTION B
FORM OF AGREEMENT AND GENERAL CONDITIONS (CCDC-14:2013)
SECTION C
SUPPLEMENTARY GENERAL CONDITIONS
SECTION D
PROJECT SPECIFICATIONS
APPENDIX 1
SITE SURVEY
APPENDIX 2
EXISTING CONDITIONS, OPPORTUNITIES & CONSTRAINTS PLAN
APPENDIX 3
PRELIMINARY SKATEPARK CONCEPT PLAN
APPENDIX 4
GEOTECHNICAL REPORT
April 2, 2015
Delaware Lions Park
SECTION A
April 2, 2015
Delaware Lions Park
- INDEX 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Preparation of Plans and Specifications and Supervision of Work
Examination of Site
Harmonized Sales Tax
Right to Accept or Reject Tenders/Sub-contractors
Ability and Experience of Tenderer
Informal Tenders
Unbalanced or Incorrect Tenders
Tender Deposit
Tender Left Open
Delivery and Opening of Tenders
Condition Precedent to Award
Insurance
Workplace Safety and Insurance Board
Award and Execution of Contract
Return of Contract Documents
Geotechnical Investigations and Reports
Equipment/Labour Rates
Liquidated Damages
Municipality’s Right
Cost of Proposal Submission
Late Submissions
Information Indicative Only
Confidentiality
Disputes
Stipulated Price
Tenderer’s Responsibilities
Proposal Submission Format
Evaluation Process
April 2, 2015
Page
IT- 1
IT- 1
IT- 1
IT- 2
IT- 2
IT- 2
IT- 2
IT- 3
IT- 3
IT- 3
IT- 3
IT- 4
IT- 4
IT- 4
IT- 5
IT- 5
IT- 5
IT- 5
IT- 5
IT- 5
IT- 6
IT- 6
IT- 6
IT- 6
IT- 6
IT- 6
IT- 7
IT- 8
IT- 1
Delaware Lions Park
SECTION A
IT 1.
PREPARATION OF PLANS AND SPECIFICATIONS AND SUPERVISION OF WORK
.1
Questions with respect to this Tender shall be directed in writing no later than 72 hours
of closing to Emily Brown, Landscape Architectural Intern with Stantec Consulting
Ltd., on behalf of the Municipality of Middlesex Centre, at (519)-675-6639 or
[email protected].
.2
Should a Tenderer find discrepancies, omissions, or ambiguities, or not agree that the
materials and methods specified or designed will provide an installation which meets
the requirements of the intended Work, the Tenderer shall notify the Contract
Administrator prior to the Tender opening date. The Contract Administrator may
choose to issue a written addendum. Addenda issued during the tendering period
shall be allowed for by the Tenderer in submitting the Tender. No oral interpretation
made by the Owner or the Contract Administrator will be effective to modify any
aspect of the Contract Drawings, Specifications or Documents.
IT 2.
EXAMINATION OF SITE
.1
IT 3.
The Tenderer shall visit the site of the Work before submitting a Tender, and shall
make its own estimate of the facilities and difficulties that may be encountered and
of the nature of the subsurface conditions. The Tenderer shall not claim at any time
after submission of the Tender that there was any misunderstanding of the terms and
conditions of the Contract related to site conditions.
HARMONIZED SALES TAX
.1
The Total Tender Price shall include all Government custom duties and excise taxes
applicable at the time of execution of the Contract.
.2
The unit prices shall not include the Harmonized Sales Tax (HST). The applicable
amount of Harmonized Sales Tax is to be entered as a separate item on the Tender
Summary Page.
.3
Prior to execution of the Contract, the Contractor shall provide its HST Registration
Number to the Owner.
April 2, 2015
IT 4.
RIGHT TO ACCEPT OR REJECT TENDERS/SUB-CONTRACTORS
IT- 2
.1
The Owner reserves the right to reject any or all Tenders or to accept any Tender
should it be deemed in the interest of the Owner to do so. In particular, if only one
Tender is received, the Owner reserves the right to reject it.
.2
In particular, the Owner reserves both the right to reject a Tender from any person or
corporation with whom the Owner is in litigation, and the right to prevent (in
accordance with GC3.4) such person or corporation from performing any supply or
sub-contract function on this project.
.3
Accordingly, the Tenderer's attention is specifically directed to GC 3.4 for conditions
respecting the naming and use of sub-contractors. This clause may have an effect
on the Owner's decision to award the Contract.
.4
By submitting a Tender, the Tenderer acknowledges that it shall have no claim
against, or entitlement to damages from, the Owner by reason of the Owner's
rejection of its bid or all bids.
IT 5.
ABILITY AND EXPERIENCE OF TENDERER
.1
IT 6.
The Owner does not intend to award the Contract to any Tenderer who does not
furnish satisfactory evidence that the Tenderer has the ability and experience
required in this class of work. The Tenderer’s Experience form in the Form of Tender
(page FT-4) must be completed in full (five projects within the past five years);
otherwise the tender may, but shall not necessarily, be rejected as informal.
INFORMAL TENDERS
.1
IT 7.
Tenders which are incomplete, conditional or obscure, or which contain additions
not called for, erasures, alterations or irregularities of any kind, may but shall not
necessarily be rejected as informal.
UNBALANCED OR INCORRECT TENDERS
.1
The Stipulated Price quoted in the Form of Tender shall be a reasonable unit price for
each item. The Owner shall be the sole judge of such matters. Any Tender
considered by the Owner to be unbalanced may, but shall not necessarily, be
rejected by the Owner.
.2
When the Form of Tender requires the Tenderer to indicate the completion date or
completion period, the timeframe so indicated shall be reasonable in the context of
the requirements of the project. The Owner shall be the sole judge of such matters,
and may consider the implications, financial or otherwise, of such indicated schedule
as part of the decision to award the project or not to any Tenderer.
.3
Notwithstanding the values that may have been read out at the tender opening, the
corrected tender values, as determined by the procedures contained herein, shall
be used to establish the ranking of the Tenders.
April 2, 2015
IT- 3
IT 8.
TENDER DEPOSIT
.1
Every Tender must be accompanied by a Tender Deposit in the form of a certified
cheque or Bid Bond made payable to the Owner, equal to 10% of the stipulated
price. The Tender Deposits of the two low Tenderers will be retained until the
Contract has been signed and the Contract Performance Security has been
supplied to the satisfaction of the Owner.
.2
If a Bid Bond is used, it must be signed and sealed by the Tenderer or the Tender
may, but shall not be necessarily, be rejected as informal.
IT 9.
TENDER LEFT OPEN
.1
IT 10.
The Tenderer shall keep its Tender open for acceptance for 120 days after its
submission, unless its Tender has been withdrawn in accordance with IT 11.5, below.
DELIVERY AND OPENING OF TENDERS
.1
Sealed Tenders for Delaware Lions Park – Prefabricated Skatepark will be received up
to 2:00:00 PM local time on Friday, April 17, 2015 in the office of Scott Mairs, Director
of Community Services, Municipality of Middlesex Centre, 1 Tunks Lane, Komoka,
Ontario, N0L 1R0, and opened publicly as soon as possible thereafter.
.2
Tender envelopes shall be plainly marked only with "Tender for Delaware Lions Park –
Prefabricated Skatepark", Contract Number and shall bear no other identifying
marks.
.3
Tenders shall be submitted on the supplied separate Form of Tender. The Form of
Tender shall be completed in every respect, with all blanks filled in by typewriter or
legibly printed in ink. Tenders must be properly signed and sealed if the Tenderer is a
corporation; otherwise the Tender may, but shall not necessarily, be declared
"Informal" and rejected.
.4
Tenders may be withdrawn by written notice filed at any time prior to the opening of
the first Tender.
.5
Tenders will not be accepted if submitted by facsimile transmission (fax).
IT 11.
CONDITION PRECEDENT TO AWARD
.1
It is a condition precedent to the award of the Contract that the approval(s) of the
Municipality of Middlesex Centre be obtained. Accordingly, both the award and the
Contract itself will not take force and effect until such time as such approvals have
been granted, notwithstanding the fact that the Owner may have indicated an
intent to award the Contract and also notwithstanding the fact that, as a
consequence of such indication of intent to award, all relevant Contract Documents
may have been supplied and/or fully executed in anticipation of such approvals.
.2
If the condition precedent referred to in .1 above has not been satisfied within the
period for acceptance noted in IT 9, the Contractor will be free to extend such
period for acceptance, or to refuse to accept the award, or to negotiate revised
terms with the Owner, as the Contractor may see fit.
April 2, 2015
IT- 4
IT 12.
INSURANCE
.1
IT 13.
Prior to execution of the Contract, the successful Tenderer shall provide to the Owner
a Certificate of Insurance or a certified copy of its Insurance Policy, for $2 million and
in accordance with CCDC-14:2013 General Conditions and as amended by the
Supplementary General Conditions.
WORKPLACE SAFETY AND INSURANCE BOARD
.1
IT 14.
Prior to execution of the Contract Documents, the successful Tenderer shall provide
to the Owner a letter from the Workplace Safety and Insurance Board stating that all
assessments have been paid and that the Contractor is in good standing with the
Workplace Safety and Insurance Board.
AWARD AND EXECUTION OF CONTRACT
.1
For the purposes of this Contract, the date of award of the Contract shall be
deemed to be:
(a)
If IT 11, "Condition Precedent to Award" applies, the date when the Owner
has in writing notified the Tenderer that the Condition Precedent to Award
has been satisfied; or
(b)
If no Condition Precedent to Award exists, the date when written notice of
award is provided by the Owner to the Tenderer.
.2
Notice pursuant to .1 above may be made by registered mail or by courier, in which
case the date of mailing or shipping shall be deemed to be the date of award; or by
facsimile transmission ("fax"), in which case the date of transmission shall be deemed
to be the date of award.
.3
Without limitation and to summarize the requirements of other paragraphs of the
Information for Tenderers, the following documentation is required from the
Contractor prior to or upon execution of the Contract:
(i)
(ii)
(iii)
(iv)
the Contractor's HST Registration Number (IT 3);
an approved list of sub-contractors (IT 4);
the proof of insurance (IT 12); and
the Workplace Safety and Insurance Board Certificate (IT 13).
.4
A Tenderer to whom the Contract has been awarded will be required to execute
three (3) copies of the Contract within ten (10) working days of the date of award of
the Contract.
.5
If the Tenderer refuses or fails to execute the Contract within ten (10) working days of
the date of award, it will be considered that the Tenderer has abandoned all rights
and interests in the Contract, and the tender deposit of the Tenderer shall be
forfeited to the Owner as liquidated damages. The Owner shall, in such event, be
free to award the Contract to another Tenderer or to re-tender the Work.
April 2, 2015
IT 15.
RETURN OF CONTRACT DOCUMENTS
.1
IT 16.
If a refundable deposit has been paid, it will be returned to the Tenderer upon
delivery of the plans and documents in good condition within 14 days of the Tender
opening date.
GEOTECHNICAL INVESTIGATIONS AND REPORTS
.1
IT 17.
Where a geotechnical report has been made available by the Owner for reference
by the Tenderers, the Tenderers shall make their own interpretations of the
information and opinions expressed in such report, particularly with respect to the
implications of the site geotechnical conditions on their ability to perform, in the
timeframe specified, the Work of the Contract for which the Tender is being
submitted.
EQUIPMENT/LABOUR RATES
.1
IT 18.
IT- 5
Tenderers shall submit a schedule listing all equipment and personnel and the
associated hourly rates.
LIQUIDATED DAMAGES
It is agreed by the parties to the contract that in case all the work called for under
the contract is not finished or completed within the date of completion, damages
will be sustained by the Owner, and that it is and will be impracticable and extremely
difficult to ascertain and determine the actual damage which the Owner will sustain
in the event of and by reason of such delay and the parties hereto agree that the
Contractor will pay to the Owner the sum of One Thousand Dollars ($1,000.00) per
day for liquidated damages for each and every calendar day’s delay in finishing the
work beyond the date of completion prescribed, and it is agreed that this amount is
an estimate of actual damage to the Owner which will accrue during the period in
excess of the prescribed date of completion.
The Owner may deduct any amount under this paragraph from any monies that may
be due or payable to the Contractor on any account whatsoever. The liquidated
damages payable under this paragraph are in addition to and without prejudice to
any other remedy, action or other alternative that may be available to the Owner.
IT 19.
MUNICIPALITY’S RIGHTS
The Municipality reserves the right to reject any or all Proposals or to accept any
Proposal should it be deemed in the interest of the Municipality to do so.
In particular, the Municipality reserves the right to reject a Proposal from any person
or corporation with whom the Municipality is in litigation or where only one (1)
proposal is received.
By submitting a Proposal, the proponent acknowledges that it shall have no claim
against or entitlement to damages, from the Municipality by reason of the
Municipality's rejection of its Proposal or all Proposals.
IT 20.
COST OF PROPOSAL SUBMISSION
The proponent is responsible for all costs associated with the preparation and
submission of the Proposal. The Municipality will not be liable to pay any such costs
or reimburse the Bidders in the event the Municipality decides to reject all Proposals.
April 2, 2015
IT 21.
LATE SUBMISSIONS
IT- 6
Any submissions made after the date and time that has been set herein for
submission will be rejected and returned to the bidder unopened.
IT 22.
INFORMATION INDICATIVE ONLY
The information that is provided in this Request for Proposal (RFP) is indicative only.
Through the review of the proposals and subsequent finalization of an agreement
with the successful bidder, the Municipality reserves the right to request further
information or clarification of information.
The Municipality reserves the right to request new or additional information regarding
a proponent and any other individuals associated with a response.
IT 23.
CONFIDENTIALITY
Potential bidders should be aware that the Municipality is subject to the provision of
the Municipal Freedom of Information and Privacy Protection Act (MFIPPA) as
amended. If the bidder does not want the documents that are submitted in
response to this RFP to be made available to the public, the bidder must indicate
that the documents are submitted in confidence. The documents contain trade
secrets, technical, commercial, financial or labour relations information that
disclosure of the documents could reasonably be expected to result in harm, as
specified in Section 10 of the MFIPPA.
IT 24.
DISPUTES
In cases of a dispute as to whether or not a product or service proposed or delivered
meets the conditions in the accepted bid, the decision of the Municipality shall be
final and binding to all parties.
IT 25.
STIPULATED PRICE
The Municipality of Middlesex Centre is requiring a stipulated price for this project
based on the CCDC-14: 2013 Design/Build Stipulated Price Contract and associated
supplementary conditions and supplementary conditions thereto. The successful
Proponent will provide a stipulated price for all the required services and
components to provide the Municipality with the design and build of a prefabricated
skatepark.
The lowest or any Tender will not necessarily be accepted.
April 2, 2015
IT 26.
PROPOSAL SUBMISSION FORMAT
IT- 7
The proposal document must include three (3) hard copies and one (1) PDF file of
the proposal including the following and in the specified order:
1. Cover Page – A letter of introduction identifying the Proponent and relevant
information related to your proposal, including Title of Proposal. The letter must also
include and acknowledgement and agreement with the terms and conditions
outlined in this RFP and be signed by a party having authority to be the Proponent.
2. The bidder’s name, address, telephone and fax number, e-mail address, and primary
contact person.
3. Date of submission.
4. Company Profile.
5. Form of Agreement (use page FT-1).
6. Schedule “A” – Stipulated Price (use page FT-2).
7. Tenderer’s Experience (use page FT-4).
8. List of Senior Staff (use page FT-7).
9. List of proposed Sub-Contractors used if applicable (use page FT-8).
10. Tender Execution (use page FT-9 and FT-10).
11. Response to each item under IT 27 – Evaluation Process (adhering to minimum and
maximum page allowances), including Conceptual Design Plans.
April 2, 2015
IT 27.
IT- 8
EVALUATION PROCESS
All proposals received by the deadline will be assessed using a common set of criteria as provided
below:
Criteria:
REQUIREMENT
1. Corporate Capabilities and Experience:
Similar recent project experience.
Project reference contacts.
WEIGHTING
15 points
5 minimum per Tenderer’s
Experience form, page FT-4.
5 minimum, max. 1 page
Health and Safety, QA/QC approach.
2. Project Team:
Qualifications, experience of Project Manager.
Max. 1 page
20 points
Max. 2 pages
Qualifications, experience of Site Supervisor.
Max. 2 pages
Qualifications, experience of any sub-consultants and their role.
Max. 1 page each
Commitment of resources to the project.
3. Understanding of Project Objectives:
Philosophy and approach to addressing requirements of terms
of reference.
Max. 1 page
15 points
Max. 1 page
Proposed approach to project management, cost and
schedule control.
4. Work Program, Methodology and Schedule
Detailed work plan and schedule with deliverables - Project
Gantt chart showing tasks and activities and related timing,
critical path, start and finish times, meetings, deliverables.
Max. 3 pages
20 Points
Max. 3 pages
Value Added Services.
Max. 1 page
Clarity and rationale of tasks and activities organization.
5. Conceptual Design Plans
Conceptual Design Plans, including conceptual skatepark
layout, list of features, associated surface grading plans, and
schematic details of all project elements.
6. Presentation (after closing date)
Proponents will be asked to provide a brief presentation of their
proposal and why their company should be selected.
Max. 1 page
20 points
submitted at 24” x 36”, ANSI D
landscape format
TOTAL :
10 Points
Maximum 100 points
The successful Proponent will be contacted to initiate discussions with respect to proceeding with
the project and the execution of a contract. Should a contract not be reached between the
parties, the next highest score in the selection process will be contacted and so on. The
Municipality’s decision shall be final and binding.
The Municipality will make every effort to evaluate all proposals in a timely manner and respond to
all who have made submissions.
April 2, 2015
Delaware Lions Park
SECTION B
FORM OF AGREEMENT AND
GENERAL CONDITIONS CCDC-14: 2013
April 2, 2015
Delaware Lions Park
SECTION
B
FORM OF AGREEMENT AND
GENERAL CONDITIONS CCDC-14: 2013
- INDEX Page
Form of Agreement
FT-1
Stipulated Price – Summary of Tender
FT-2
Schedule of Provision, Specifications and Conditions
FT-3
Tenderer's Experience
FT-4
List of Senior Staff
FT-7
List of Proposed Sub-Contractors
FT-8
Time for Completion
FT-9
Tender Execution
FT-9
CCDC14: 2013
April 2, 2015
FT- 1
Delaware Lions Park
FORM OF AGREEMENT
Tender by:
(Name)
Residing at or place of Business:
Having Head Office at:
hereinafter called the Tenderer, hereby submits this tender to the Owner:
MUNICIPALITY OF MIDDLESEX CENTRE
We, the undersigned, having carefully examined everything necessary to submit this Tender,
including, without limitation, examination of the site of the Work and the conditions pertaining to the
Work, and all documents referred to in Schedule "B" hereto and *Addenda No.
to
inclusive
(herein collectively called the "Contract Documents") for Delaware Lions Park – Prefabricated
Skatepark - (herein called the "Work") will provide and pay for all materials, labour, water, tools,
equipment, plant, light, power and services necessary for the execution of the Work as called for by
the said Contract Documents in the manner prescribed therein and in accordance with the
requirements of the Contract Administrator (as defined in the Contract Documents) under them for
the amount of
.
DOLLARS ($
*
). This is a Stipulated Price contract.
Insert number of Addenda, if any.
April 2, 2015
FT- 2
SCHEDULE "A"
STIPULATED PRICE
SUMMARY OF TENDER
The Contract Price, which excludes Taxes, is:
/100 dollars $
Value Added Taxes (of _____%) payable by the Owner to the Design-builder are:
/100 dollars $
Total amount payable by the Owner to the Design-Builder is:
/100 dollars $
(Tender’s HST No.
)
Authorized Signature of Tenderer
April 2, 2015
FT- 3
SCHEDULE "B"
SCHEDULE OF PROVISIONS,
SPECIFICATIONS AND CONDITIONS
The Work specified in the Contract will be performed in strict accordance with the following
Provisions, Specifications and Conditions. In reading, interpreting and applying these specifications,
the words "Owner", or "Municipality", shall be substituted for "Ministry of Transportation, Ontario" or
"M.T.O.", or "Ministry" where they appear in these documents. In all cases, the proper context shall
apply.
1.
INFORMATION FOR TENDERERS (Abbreviated as IT)
Attached as Section A.
2.
FORM OF TENDER (Abbreviated as FT) and GENERAL CONDITIONS CCDC-14: 2013
Attached as Section B.
3.
SUPPLEMENTARY GENERAL CONDITIONS (Abbreviated as SGC)
Attached as Section C.
4.
Attached as Section D.
The Ontario Provincial Standards referenced in the project specifications that are in effect
immediately prior to the call for Tenders for this Contract shall apply for the duration of the Contract.
5.
SITE SURVEY
Attached as Appendix 1.
6.
EXISTING CONDITIONS, OPPORTUNITIES & CONSTRAINTS PLAN
7.
8.
GEOTECHNICAL REPORT
April 2, 2015
FT- 4
TENDERER'S EXPERIENCE
Each proponent is requested to provide five (5) references from who have obtained similar goods or
services to those requested in the Tender in the last (5) five years.
Project #1
Company Name:
Company Address:
Contact Name:
Contact Telephone Number:
Date Work Undertaken:
Nature of Assignment:
Project #2
Company Name:
Company Address:
Contact Name:
April 2, 2015
FT- 5
Project #3
Company Name:
Company Address:
Contact Name:
Project #4
Company Name:
Company Address:
Contact Name:
April 2, 2015
FT- 6
Project #5
Company Name:
Company Address:
Contact Name:
April 2, 2015
FT- 7
LIST OF SENIOR STAFF
We agree to provide the following senior supervisory staff in carrying out the works:
Name
April 2, 2015
Appointment
Qualifications
and Experience
FT- 8
LIST OF PROPOSED SUB-CONTRACTORS
Note to Tenderers: For the Tenderer's convenience and to ensure that a complete list is submitted
with the Tender, a list of possible sub-trades has been printed below. The Tenderer shall make an
entry against each possible sub-trade listed either by naming the proposed sub-contractor or by
entering "by own forces", or by entering N/A for non-applicable, whichever applies. No blank spaces
are to be left for the sub-trades listed below. In addition, if the Tenderer proposes to sub-contract a
part of the Work which is not listed below, the Tenderer shall add the sub-trade and the proposed
sub-contractor's name to the list.
We acknowledge that failure to comply with the foregoing requirements may result in our tender
being rejected as informal.
We shall sub-contract the following parts of the Work to the sub-contractor or supplier listed for such
part. We agree not to make changes in the following list without the written consent of the Contract
Administrator and the Owner. In our opinion the sub-contractors named hereunder are reliable and
competent to perform that part of the Work for which each is listed; however, we agree that the
Owner may make changes pursuant to GC 3.4. We understand that if we name alternative subcontractors, or if we fail to name sub-contractors, or if we fail to mention that the Work will be done
by our own forces where applicable, our Tender is subject to disqualification.
Part of Work
Removals
Stripping and Grading
Excavation
Concrete Flatwork
Landscaping
April 2, 2015
Sub-Contractor or Supplier
Address
FT-9
TIME FOR COMPLETION
We agree to fully complete the Work of this Contract in the following time allotment:
a)
Stipulated Completion Date:
(based on Award Date of
April 27, 2015)
June 25, 2015
TENDER EXECUTION
We agree that:
1)
this Tender will be irrevocable until the expiry of the acceptance period stipulated in
IT 9 and that failure to leave the Tender so open shall result in forfeiture of the Tender
Deposit as liquidated damages; and
2)
notification of acceptance of this Tender shall be in writing, and may be sent by
prepaid post; and if sent by prepaid post, acceptance shall be deemed to have
been made on the date of mailing of such notification; and
3)
the Tender Deposit attached herewith shall be forfeited to the Owner if we fail to
provide to the Owner an executed Form of Agreement for the performance of the
work within ten (10) working days of the date of award (as defined in IT 14) by the
Owner; and
4)
we will commence the Work as specified in Article 1 of the Form of Agreement,
proceed continuously, and complete all Work within the time provided for in the
above "Time For Completion"; and
5)
the Contract Work shall be performed in accordance with the terms and the
requirements of the Contract Documents; and
6)
we and/or our sub-contractors will carry out any additional or extra Work (including
the supply of any additional materials or equipment pertaining thereto) or will delete
any Work as may be required by the Contract Administrator in accordance with the
Contract.
We declare that:
1)
this Tender is made without any connection, comparison of figures or arrangements
with, or knowledge of, any other corporation, firm or person making a Tender for the
same Work and is in all respects fair and without collusion or fraud; and
2)
no member of the Municipal Council, if the Owner is a Municipality, and no officer or
employee of the Owner, is or will become interested directly or indirectly as a
contracting party, partner, shareholder, surety or otherwise in or in the performance
of the Contract or in the supplies, work or business to which it relates, or in any portion
of the profits thereof, or in any of the monies to be derived therefrom.
April 2, 2015
FT-10
Dated at
this
day of
, 2013.
NAME OF TENDERER COMPANY
Signature of Witness
AUTHORIZED SIGNATURE OF TENDERER
(I have the authority to bind the Corporation)
Print Name of Witness
PRINT NAME OF AUTHORIZED TENDERER
(Affix
Corporate
Seal)
Note: If the Tender is submitted by or on behalf of a corporation, it must be signed in the name of
such corporation by the duly authorized officers and the seal of the corporation must be
affixed. If the Tender is submitted by or on behalf of an individual or a partnership, a seal
must be affixed opposite the signature of the individual or partnership.
April 2, 2015
14
14
Design-Build
Stipulated Price Contract
2 0 1 3
[ Name of the Work ]
Name of Work
Apply a CCDC 14 copyright seal here. The application
of the seal demonstrates the intention of the party
proposing the use of this document that it be an
accurate and unamended form of CCDC 14 - 2013
except to the extent that any alterations, additions or
modifications are set forth in supplementary conditions.
The Canadian Construction Documents Committee (CCDC) is a national joint committee responsible for
the development, production and review of standard Canadian construction contracts, forms and guides.
Formed in 1974 the CCDC is made up of volunteer representatives from:
Public-Sector Owners
Private-Sector Owners
*The Association of Consulting Engineering Companies-Canada
*The Canadian Construction Association
*Construction Specifications Canada
*The Royal Architectural Institute of Canada
*Committee policy and procedures are directed and approved by the four constituent national
organizations.
This document has also been endorsed by the Canadian Design-Build Institute.
Comments and inquiries should be directed to:
Canadian Construction Documents Committee
1900-275 Slater Street
Ottawa, ON
K1P 5H9
613 236-9455
[email protected]
ccdc.org
CCDC guides are products of a consensus-building process aimed at balancing the interests of all parties
on the construction project. They reflect recommended industry practices. Readers are cautioned that
CCDC guides do not deal with any specific fact situation or circumstance. CCDC guides do not constitute
legal or other professional advice. The CCDC and its constituent member organizations do not accept any
responsibility or liability for loss or damage which may be suffered as a result of the use and
interpretation of these guides.
CCDC Copyright 2013
Must not be copied in whole or in part without the written permission of the CCDC.
TABLE OF CONTENTS
AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER
A-1 Design Services and the Work
A-2 Agreements and Amendments
A-3 Contract Documents
A-4 Contract Price
A-5 Payment
A-6 Receipt of and Addresses for Notices in Writing
A-7 Language of the Contract
A-8 Succession
DEFINITIONS
Change Directive
Change Order
Construction Documents
Construction Equipment
Consultant
Contract
Contract Documents
Contract Price
Contract Time
Design-Builder
Design Services
Drawings
Notice in Writing
Other Consultant
Owner
Owner’s Advisor
Owner's Statement of Requirements
Payment Certifier
Place of the Work
Product
Project
Shop Drawings
Specifications
Subcontractor
Substantial Performance of the Work
Supplemental Instruction
Supplier
Temporary Work
Value Added Taxes
Work
Working Day
GENERAL CONDITIONS OF THE DESIGN-BUILD
STIPULATED PRICE CONTRACT
PART 1
GC 1.1
GC 1.2
GC 1.3
GC 1.4
GC 1.5
GENERAL PROVISIONS
Contract Documents
Law of the Contract
Rights and Remedies
Assignment
Confidentiality
PART 2
GC 2.1
GC 2.2
GC 2.3
GC 2.4
GC 2.5
GC 2.6
OWNER’S RESPONSIBILITIES
Owner’s Information
Role of the Owner
Owner’s Advisor
Role of the Payment Certifier
Owner’s Review of the Design and the Work
Work by Owner or Other Contractors
PART 3
GC 3.1
GC 3.2
GC 3.3
GC 3.4
GC 3.5
GC 3.6
GC 3.7
GC 3.8
GC 3.9
GC 3.10
GC 3.11
DESIGN-BUILDER’S RESPONSIBILITIES
Control of the Design Services and the Work
Design-Builder’s Review of Owner’s Information
Role of the Consultant
Other Consultants, Subcontractors, and Suppliers
Design Services and Work Schedule
Supervision
Labour and Products
Documents at the Site
Shop Drawings
Non-Conforming Design and Defective Work
PART 4
GC 4.1
GC 4.2
ALLOWANCES
Cash Allowances
Contingency Allowance
PART 5
GC 5.1
GC 5.2
GC 5.3
GC 5.4
GC 5.5
GC 5.6
GC 5.7
GC 5.8
GC 5.9
PAYMENT
Financing Information Required of the Owner
Applications for Progress Payment
Progress Payment
Payment of Holdback upon Substantial Performance of the Work
Progressive Release of Holdback
Final Payment
Deferred Work
Non-conforming Design Services and Work
PART 6
GC 6.1
GC 6.2
GC 6.3
GC 6.4
GC 6.5
GC 6.6
CHANGES IN THE CONTRACT
Owner’s Right to Make Changes
Change Order
Change Directive
Concealed or Unknown Conditions
Delays
Claims for a Change in Contract Price
PART 7
GC 7.1
RIGHT TO SUSPEND OR TERMINATE
Owner's Right to Suspend the Design Services or Terminate the
Contract Before the Work Commences
Owner’s Right to Perform the Design Services or Work,
Terminate the Design-Builder’s Right to Continue with the
Design Services or Work, or Terminate the Contract
Design-Builder's Right to Suspend the Design Services or Work,
or Terminate the Contract
GC 7.2
GC 7.3
PART 8
GC 8.1
GC 8.2
DISPUTE RESOLUTION
Negotiation, Mediation and Arbitration
Retention of Rights
PART 9
GC 9.1
GC 9.2
GC 9.3
GC 9.4
GC 9.5
PROTECTION OF PERSONS AND PROPERTY
Protection of Work and Property
Toxic and Hazardous Substances and Materials
Artifacts and Fossils
Construction Safety
Mould
PART 10
GC 10.1
GC 10.2
GC 10.3
GC 10.4
GOVERNING REGULATIONS
Taxes and Duties
Laws, Notices, Permits, and Fees
Patent Fees
Workers' Compensation
PART 11 INSURANCE AND CONTRACT SECURITY
GC 11.1 Insurance
GC 11.2 Contract Security
PART 12 INDEMNIFICATION, LIMITATION OF LIABILITY,
WAIVER OF CLAIMS, AND WARRANTY
GC 12.1 Definition and Survival
GC 12.2 Indemnification
GC 12.3 Limitation of Liability for Design Services
GC 12.4 Waiver of Claims
GC 12.5 Warranty
CCDC 14 is the product of a consensus-building process aimed at balancing
the interests of all parties on the construction project.
It reflects
recommended industry practices.
CCDC 14 can have important
consequences. The CCDC and its constituent member organizations do not
accept any responsibility or liability for loss or damage which may be
suffered as a result of the use or interpretation of CCDC 14.
CCDC Copyright 2013
Must not be copied in whole or in part without the written permission of the
CCDC.
AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER
For use when a stipulated price is the basis of payment.
This Agreement made on the
day of
in the year
.
by and between the parties:
hereinafter called the "Owner"
and
hereinafter called the "Design-Builder"
The Owner and the Design-Builder agree as follows:
ARTICLE A-1 DESIGN SERVICES AND THE WORK
The Design-Builder shall:
1.1
provide the Design Services, and
1.2
perform the Work for
[ Name of the Work ]
____________________________________________________________________________________________
insert above the name of the Work
located at ______________________________________________________________________________________
insert above the Place of the Work
for which the Agreement has been signed by the parties, and for which _____________________________________
_______________________________________________________________________________________________
insert above the name of the Consultant
is acting as, and is hereinafter called, the "Consultant", and for which
_______________________________________________________________________________________________
insert above the name of the Payment Certifier
is acting as, and is hereinafter called the Payment Certifier, and for which
_______________________________________________________________________________________________
insert above the name of the Owner’s Advisor
is acting as, and is hereinafter called the Owner’s Advisor*,
Reset
(*Strike out if none appointed )
Note: This contract is protected by copyright. Use of a CCDC 14 document not containing a CCDC 14 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCDC 14 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 14 – 2013 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
CCDC 14 – 2013
1
1.3
subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Performance of
the Work by the ________ day of _________________________ in the year ________ .
ARTICLE A-2 AGREEMENTS AND AMENDMENTS
2.1
This Contract supersedes all prior negotiations, representations or agreements, either written or oral, including bidding
documents that are not expressly listed in Article A-3 of the Agreement – CONTRACT DOCUMENTS.
2.2
This Contract may be amended only as provided for in the Contract Documents.
ARTICLE A-3 CONTRACT DOCUMENTS
3.1
The following are the Contract Documents referred to in Article A-1 of the Agreement – DESIGN SERVICES AND
THE WORK:
- Agreement Between Owner and Design-Builder
- Definitions in this Contract
- General Conditions of this Contract
- Owner's Statement of Requirements, consisting of the following (list those written requirements and information constituting
those documents intended to comprise the Owner’s Statement of Requirements):
-
*
* (Insert here, attaching additional pages if required, a list identifying all other Contract Documents, e.g. Supplementary Conditions;
Proposals; Specifications (giving a list of contents with section numbers and titles, number of pages, date and revision date(s), if any);
Drawings (giving drawing number, title, date, revision date or mark); Addenda (giving title, number, date).
2
CCDC 14 – 2013
ARTICLE A-4 CONTRACT PRICE
4.1
The Contract Price, which excludes Value Added Taxes, is:
__________________________________________________________________/100 dollars $ _________________
4.2
Value Added Taxes (of ____________ %) payable by the Owner to the Design-Builder are:
__________________________________________________________________/100 dollars $ _________________
4.3
Total amount payable by the Owner to the Design-Builder is:
__________________________________________________________________/100 dollars $ _________________
4.4
These amounts shall be subject to adjustments as provided in the Contract Documents.
4.5
Amounts are in Canadian funds.
ARTICLE A-5 PAYMENT
5.1
Subject to provisions of the Contract Documents, and in accordance with legislation and statutory regulations
respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback
of ______________________________________________________________ percent ( _____ %), the Owner shall:
.1
make progress payments to the Design-Builder on account of the Contract Price when due in the amount certified
by the Payment Certifier, together with such Value Added Taxes as may be applicable to such payment, and
.2
upon Substantial Performance of the Work, pay to the Design-Builder the unpaid balance of the holdback amount
when due, together with such Value Added Taxes as may be applicable to such payment, and
.3
upon the issuance of the final certificate for payment, pay to the Design-Builder the unpaid balance of the
Contract Price when due, together with such Value Added Taxes as may be applicable to such payment.
5.2
In the event of loss or damage occurring where payment becomes due under the property and boiler and machinery
insurance policies, payments shall be made to the Design-Builder in accordance with the provisions of GC 11.1 –
INSURANCE.
5.3
Interest
.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 at the following rates on such unpaid amounts shall also become due and payable
until payment:
(1) 2% per annum above the prime rate for the first 60 days.
(2) 4% per annum above the prime rate after the first 60 days.
Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by
___________________________________________________________________________________________
(Insert name of chartered lending institution whose prime rate is to be used)
for prime business loans as it may change from time to time.
.2
Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the settlement
amount of claims in dispute that are resolved either pursuant to Part 8 of the General Conditions – DISPUTE
RESOLUTION or otherwise, from the date on which the amount would have been due and payable under the
Contract, had it not been in dispute, until the date it is paid.
ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING
6.1
Notices in Writing will be addressed to the recipient at the address set out below.
6.2
The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, by facsimile or other form
of electronic communication during the transmission of which no indication of failure of receipt is communicated to
the sender.
CCDC 14 – 2013
3
6.3
A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by
the other party on the date of delivery if delivered by hand or courier, or if sent by mail it shall be deemed to have
been received five calendar days after the date on which it was mailed, provided that if either such day is not a
Working Day, then the Notice in Writing shall be deemed to have been received on the Working Day next following
such day.
6.4
A Notice in Writing sent by facsimile or other form of electronic communication shall be deemed to have been
received on the date of its transmission provided that if such day is not a Working Day or if it is received after the end
of normal business hours on the date of its transmission at the place of receipt, then it shall be deemed to have been
received at the opening of business at the place of receipt on the first Working Day next following the transmission.
6.5
An address for a party may be changed by Notice in Writing to the other party setting out the new address in
accordance with this Article.
Owner
____________________________________________________________________________________
name of Owner*
____________________________________________________________________________________
Address
_____________________________________
facsimile number
_____________________________________
email address
Design-Builder
____________________________________________________________________________________
name of Design-Builder*
____________________________________________________________________________________
Address
_____________________________________
facsimile number
_____________________________________
email address
Owner’s Advisor**
___________________________________________________________________________________
_name of Owner’s Advisor*
____________________________________________________________________________________
Address
_____________________________________
facsimile number
_____________________________________
email address
* If it is intended that the notice must be received by a specific individual, indicate that individual’s name.
** Strike out this entry if no Owner’s Advisor is designated as per GC 2.3 – OWNER’S ADVISOR. Reset
ARTICLE A-7 LANGUAGE OF THE CONTRACT
7.1
When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of
any apparent discrepancy between the English and French versions, the English/French*** language shall prevail.
*** Complete this statement by striking out the inapplicable term.
4
CCDC 14 – 2013
7.2
This Agreement is drawn in English at the request of the parties hereto. La présente convention est rédigée en anglais
à la demande des parties.
ARTICLE A-8 SUCCESSION
8.1
This Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal
representatives, successors, and permitted assigns.
In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives.
SIGNED AND DELIVERED
in the presence of:
WITNESS
OWNER
name of Owner
signature
signature
name of person signing
name and title of person signing
signature
WITNESS
DESIGN-BUILDER
name of Design-Builder
signature
signature
name and title of person signing
signature
N.B.
Where legal jurisdiction, local practice, or Owner or Design-Builder requirement calls for:
(a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the
representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership; or
(b) the affixing of a corporate seal, this Agreement should be properly sealed.
CCDC 14 – 2013
5
DEFINITIONS
The following Definitions shall apply to all Contract Documents.
Change Directive
A Change Directive is a written instruction signed by the Owner directing a change in the Work or in the Design
Services within the general scope of the Contract Documents.
Change Order
A Change Order is a written amendment to the Contract signed by the Owner and the Design-Builder stating their
agreement upon:
- a change in the Work or in the Design Services;
- an amendment to the Owner's Statement of Requirements, if any;
- the method of adjustment or the amount of the adjustment in the Contract Price, if any; and
- the extent of the adjustment in the Contract Time, if any.
The Construction Documents consist of Drawings, Specifications, and other documents prepared by or on behalf of
the Design-Builder, based on the Contract Documents, and accepted in writing by the Owner and the Design-Builder
as meeting the Owner’s Statement of Requirements and the general intent of the Contract Documents.
Construction Equipment
Construction Equipment means machinery and equipment, either operated or not operated, that is required for
preparing, fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work.
Consultant
The Consultant is the person or entity identified as such in the Agreement. The Consultant is the architect, the
engineer, or entity licensed to practise in the province or territory of the Place of the Work and engaged by the DesignBuilder to provide all or part of the Design Services.
Contract
The Contract is the undertaking by the parties to perform their respective duties, responsibilities, and obligations as
prescribed in the Contract Documents and represents the entire agreement between the parties.
Contract Documents
The Contract Documents consist of those documents listed in Article A-3 of the Agreement – CONTRACT
DOCUMENTS and amendments thereto agreed upon between the parties.
Contract Price
The Contract Price is the amount stipulated in Article A-4 of the Agreement – CONTRACT PRICE.
Contract Time
The Contract Time is the time stipulated in paragraph 1.3 of Article A-1 of the Agreement – DESIGN SERVICES
AND THE WORK from the date of the Agreement to the date of Substantial Performance of the Work.
Design-Builder
The Design-Builder is the person or entity identified as such in the Agreement.
Design Services
Design Services are the professional design and related services required by the Contract Documents.
Drawings
The Drawings are the graphic and pictorial portions of the Construction Documents, wherever located and whenever
issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections,
details, and diagrams.
Notice in Writing
A Notice in Writing is a written communication between the parties that is transmitted in accordance with the
provisions of Article A-6 of the Agreement – RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING.
Other Consultant
Other Consultant is a person or entity, other than the Consultant, that may be engaged by the Design-Builder to
perform part of the Design Services.
Owner
The Owner is the person or entity identified as such in the Agreement.
6
CCDC 14 – 2013
Owner’s Advisor
The Owner’s Advisor, if any, is the person or entity appointed by the Owner and identified as such in the Agreement.
Owner’s Statement of Requirements
The Owner's Statement of Requirements consists of written requirements and information provided by the Owner and
as listed in Article A-3 of the Agreement – CONTRACT DOCUMENTS and amendments thereto agreed upon
between the parties.
Payment Certifier
The Payment Certifier is the person or entity identified as such in the Agreement responsible for the issuance of
certificates for payment.
Place of the Work
The Place of the Work is the designated site or location of the Work identified in the Contract Documents.
Product
Product or Products means material, machinery, equipment, and fixtures incorporated into the Work, but does not
include Construction Equipment.
Project
The Project means the Owner's entire undertaking of which the Work may be the whole or a part thereof.
Shop Drawings
Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and
other data which the Design-Builder provides to illustrate details of portions of the Work.
Specifications
The Specifications are that portion of the Construction Documents, wherever located and whenever issued, consisting
of the written requirements and standards for Products, systems, workmanship, quality, and the necessary services for
the Work.
Subcontractor
A Subcontractor is a person or entity having a direct contract with the Design-Builder to perform a part or parts of the
Work at the Place of the Work.
Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such
legislation is not in force or does not contain such definition, or if the Work is governed by the Civil Code of Quebec,
Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the
purpose intended and is so certified by the Payment Certifier.
Supplemental Instruction
A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the
form of Specifications, Drawings, schedules, samples, models or written instructions, consistent with the intent of the
Contract Documents. It is to be issued by the Owner to supplement the Contract Documents as required for the
performance of the Work.
Supplier
A Supplier is a person or entity having a direct contract with the Design-Builder to supply Products.
Temporary Work
Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding
Construction Equipment, required for the Work but not incorporated into the Work.
Value Added Taxes
Value Added Taxes means such sum as shall be levied upon the Contract Price by the federal or any provincial or
territorial government and includes the Goods and Services Tax, the Quebec Sales Tax, the Harmonized Sales Tax,
and any similar tax, the collection and payment of which have been imposed on the Design-Builder by tax legislation.
Work
The Work means the total construction and related services required by the Contract Documents, but does not include
Design Services.
Working Day
Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed
by the construction industry in the area of the Place of the Work.
CCDC 14 – 2013
7
GENERAL CONDITIONS OF THE DESIGN-BUILD STIPULATED PRICE CONTRACT
PART 1 GENERAL PROVISIONS
GC 1.1 CONTRACT DOCUMENTS
1.1.1
The intent of the Contract Documents is to include the design, the labour, the Products and other services necessary
for the design and performance of the Work by the Design-Builder in accordance with these documents. It is not
intended, however, that the Design-Builder shall supply products or perform services or work not consistent with, not
covered by, or not properly inferable from the Contract Documents.
1.1.2
Nothing contained in the Contract Documents shall create any contractual relationship between the Owner and the
Consultant, an Other Consultant, a Subcontractor, a Supplier, or their agent, employee, or any other person
performing any portion of the Design Services or the Work.
1.1.3
The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all.
1.1.4
Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in
accordance with such recognized meanings.
1.1.5
References in the Contract Documents to the singular shall be considered to include the plural as the context requires.
1.1.6
If there is a conflict within the Contract Documents:
.1 the order of priority of documents, from highest to lowest, shall be
- the Agreement between the Owner and the Design-Builder,
- the Definitions,
- Supplementary Conditions,
- the General Conditions,
- the Owner's Statement of Requirements,
- the Construction Documents,
.2 later dated documents shall govern over earlier documents of the same type, and
.3 amendments to documents shall govern over documents so amended.
1.1.7
Copyright for the design and Drawings and electronic media, prepared on behalf of the Design-Builder belongs to the
Consultant or Other Consultants who prepared them. Plans, sketches, Drawings, graphic representations, and
Specifications, including, but not limited to computer generated designs, are instruments of the Consultant’s or Other
Consultant’s services and shall remain their property, whether or not the Work for which they are made is executed
and whether or not the Design-Builder has paid for the Design Services. Their alteration by the Owner is prohibited.
1.1.8
The Owner may retain copies, including reproducible copies, of plans, sketches, Drawings, graphic representations,
and Specifications for information and reference in connection with the Owner’s use and occupancy of the Work.
Copies may only be used for the purpose intended and for a one time use, on the same site, and for the same Project.
Except for reference purposes, the plans, sketches, Drawings, electronic files, graphic representations, and
Specifications shall not be used for additions or alterations to the Work or on any other project without a written
license from the Consultant or Other Consultants who prepared the documents, for their limited or repeat use.
1.1.9
The Owner shall be entitled to keep original models or renderings specifically commissioned and paid for.
1.1.10
Should the Owner alter a Consultant’s or Other Consultant’s instrument of service, or use or provide them to third
parties other than in connection with the Work without informing the Consultant and without the Consultant’s or
Other Consultant`s prior written consent, the Owner shall indemnify the Design-Builder against claims and costs
(including legal costs) associated with such improper alteration or use.
GC 1.2 LAW OF THE CONTRACT
1.2.1
The law of the Place of the Work shall govern the interpretation of the Contract.
GC 1.3 RIGHTS AND REMEDIES
1.3.1
Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract
Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.
8
CCDC 14 – 2013
1.3.2
No action or failure to act by the Owner, Design-Builder, Consultant, Other Consultant, Payment Certifier, or
Owner’s Advisor shall constitute a waiver of any right or duty afforded to either the Owner or the Design-Builder
under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach
thereunder, except as may be specifically agreed to in writing.
GC 1.4 ASSIGNMENT
1.4.1
Neither party to the Contract shall assign the Contract or a portion thereof without the prior written consent of the
other, which consent shall not be unreasonably withheld.
GC 1.5 CONFIDENTIALITY
1.5.1
Where a confidentiality agreement exists or as the Owner otherwise expressly identifies and requires, the Owner and
the Design-Builder shall keep confidential all matters respecting technical and commercial issues relating to or arising
from the performance of the Contract and shall not, without the prior written consent of the other party, disclose any
such matters, except in strict confidence, to their respective professional advisors.
PART 2 OWNER’S RESPONSIBILITIES
GC 2.1 OWNER’S INFORMATION
2.1.1
The Owner shall furnish the information required to complete the Contract promptly to avoid delay in the
performance of the Contract.
2.1.2
Unless the Contract Documents specifically state otherwise, the Design-Builder is entitled to rely on the accuracy of
all information provided by or on behalf of the Owner without regard for the source of such information.
2.1.3
Notwithstanding any other provision of the Contract, the Design-Builder is not responsible for any design errors or
omissions in any designs or Specifications provided by or on behalf of the Owner unless the Design-Builder has been
specifically requested to review and has accepted in writing those designs and Specifications under the Contract.
GC 2.2 ROLE OF THE OWNER
2.2.1
The Owner will render any necessary decisions or provide instructions promptly to avoid delay in the performance of
the Contract.
2.2.2
All communications between the Owner and the Consultant, an Other Consultant, a Subcontractor, or a Supplier shall
be forwarded through the Design-Builder.
2.2.3
The Owner will be, in the first instance, the interpreter of the requirements of the Owner’s Statement of Requirements.
2.2.4
The Owner will have authority to reject by Notice in Writing design or work which in the Owner’s opinion does not
conform to the requirements of the Owner’s Statement of Requirements.
2.2.5
Whenever the Owner considers it necessary or advisable, the Owner will have authority to require a review of the
Design Services and inspection or testing of the Work, whether or not such work is fabricated, installed or completed,
in accordance with paragraph 2.5.5 of GC 2.5 – OWNER’S REVIEW OF THE DESIGN AND THE WORK.
2.2.6
During the progress of the Design Services or of the Work the Owner will furnish Supplemental Instructions related to
the Owner’s Statement of Requirements to the Design-Builder with reasonable promptness or in accordance with a
schedule for such instructions agreed to by the Owner and the Design-Builder.
GC 2.3 OWNER'S ADVISOR
2.3.1
When the Owner appoints an Owner’s Advisor, the duties, responsibilities and limitations of authority of the Owner’s
Advisor shall be as set forth in the Contract Documents.
2.3.2
The duties, responsibilities and limitations of authority of the Owner’s Advisor as set forth in the Contract Documents
shall be modified or extended only with the written consent of the Owner and the Design-Builder.
2.3.3
Subject to any notified limitations in authority, the Design-Builder may rely upon any written instructions or
directions provided by the Owner’s Advisor. Neither the authority of the Owner’s Advisor to act, nor any decision to
exercise or not exercise such authority, shall give rise to any duty or responsibility of the Owner’s Advisor to the
Design-Builder, the Consultant, Other Consultants, Subcontractors, Suppliers, or their agents, employees or other
persons performing any portion of the Design Services or the Work.
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2.3.4
If the employment of the Owner’s Advisor is terminated, the Owner may appoint or reappoint an Owner’s Advisor
against whom the Design-Builder makes no reasonable objection and whose status under the Contract Documents
shall be that of the former Owner’s Advisor.
GC 2.4 ROLE OF THE PAYMENT CERTIFIER
2.4.1
The Owner shall designate a Payment Certifier who will review the Design-Builder’s applications for payment and
certify the value of the Design Services and of Work performed and Products delivered to the Place of the Work.
2.4.2
The duties, responsibilities and limitations of authority of the Payment Certifier as set forth in the Contract
Documents shall be modified or extended only with the written consent of the Owner and the Design-Builder.
2.4.3
Neither the authority of the Payment Certifier to act nor any decision either to exercise or not to exercise such
authority shall give rise to any duty or responsibility of the Payment Certifier to the Design-Builder, the Consultant,
Other Consultants, Subcontractors, Suppliers, or their agents, employees or other persons performing any of the
Design Services or the Work.
2.4.4
The Payment Certifier will take all reasonable steps to be accessible to the Design-Builder during performance of the
Contract and shall render any necessary decisions or instructions promptly as provided in GC 5.3 – PROGRESS
PAYMENT to avoid delay in the processing of payment claims.
2.4.5
Based on the Payment Certifier’s observations and evaluation of the Design-Builder's applications for payment, the
Payment Certifier will determine the amounts owing to the Design-Builder under the Contract and will issue
certificates for payment as provided in Article A-5 of the Agreement – PAYMENT, GC 5.3 – PROGRESS
PAYMENT and GC 5.7 – FINAL PAYMENT.
2.4.6
All communications between the Payment Certifier and the Consultant, an Other Consultant, a Subcontractor, or a
Supplier shall be forwarded through the Design-Builder.
2.4.7
The Payment Certifier will promptly inform the Owner of the date of receipt of the Design-Builder’s applications for
payment as provided in paragraph 5.3.1.1 of GC 5.3 – PROGRESS PAYMENT.
2.4.8
If the Payment Certifier’s services are terminated, the Owner shall immediately designate a new Payment Certifier
against whom the Design-Builder makes no reasonable objection and whose status under the Contract Documents
shall be that of the former Payment Certifier.
2.4.9
The Owner may provide to the Consultant, Other Consultants, Subcontractors or Suppliers, through the Payment
Certifier, information as to the percentage of the Design Services and Work that has been certified for payment.
GC 2.5 OWNER’S REVIEW OF THE DESIGN AND THE WORK
2.5.1
The Owner shall review the design as set out in the design development documents and proposed Construction
Documents as the Design Services proceed, to confirm that the design is in compliance with the Owner’s Statement of
Requirements and the Contract Documents.
2.5.2
The Owner shall complete the reviews in accordance with the schedule agreed upon, or in the absence of an agreed
schedule, with reasonable promptness so as to cause no delay.
2.5.3
The Owner's review shall not relieve the Design-Builder of responsibility for errors or omissions in the Construction
Documents or for meeting all requirements of the Contract Documents unless the Owner accepts in writing a deviation
from the Contract Documents.
2.5.4
No later than 10 days after completing the review, the Owner shall advise the Design-Builder in writing that the
Owner has accepted or rejected the proposed Construction Documents. If rejected, the Owner shall inform the DesignBuilder of the reasons of non-conformance and the Design-Builder shall revise the proposed Construction Documents
to address such non-conformance. The Design-Builder shall inform the Owner in writing of any revisions other than
those requested by the Owner.
2.5.5
The Owner may order any portion or portions of the Work to be examined to confirm that the Work performed is in
accordance with the requirements of the Contract Documents. If the Work is not in accordance with the requirements
of the Contract Documents, the Design-Builder shall correct the Work and pay the cost of examination and correction.
If the Work is in accordance with the requirements of the Contract Documents, the Owner shall pay all costs incurred
by the Design-Builder as a result of such examination and restoration.
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GC 2.6 WORK BY OWNER OR OTHER CONTRACTORS
2.6.1
The Owner reserves the right to award separate contracts in connection with other parts of the Project to other
contractors and to perform other design or other work with its own forces.
2.6.2
When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own
forces, the Owner shall:
.1 provide for the co-ordination of the activities and work of other contractors and Owner's own forces with the
Design Services and the Work;
.2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the
Place of the Work;
.3 enter into separate contracts with other contractors under conditions of contract which are compatible with the
conditions of the Contract;
.4 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 – INSURANCE
and co-ordinate such insurance with the insurance coverage of the Design-Builder as it affects the Design
Services and the Work; and
.5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of
other contractors or the Owner's own forces.
2.6.3
When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own
forces, the Design-Builder shall:
.1 afford the Owner and other contractors reasonable opportunity to store their products and execute their work;
.2 cooperate with other contractors and the Owner in reviewing their construction schedules; and
.3 promptly report to the Owner in writing any apparent deficiencies in the work of other contractors or of the
Owner's own forces, where such work affects the proper execution of any portion of the Design Services or of the
Work, prior to proceeding with that portion of the Design Services or of the Work.
2.6.4
Where the Contract Documents identify work to be performed by other contractors or the Owner’s own forces, the
Design-Builder shall co-ordinate and schedule the Design Services and the Work with the work of other contractors
and the Owner’s own forces as specified in the Contract Documents.
2.6.5
Where a change in the Design Services or in the Work is required as a result of the co-ordination and integration of the
work of other contractors or Owner's own forces with the Design Services or with the Work, the changes shall be
authorized and valued as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE
ORDER and GC 6.3 – CHANGE DIRECTIVE.
2.6.6
Disputes and other matters in question between the Design-Builder and the Owner’s other contractors shall be dealt
with as provided in Part 8 of the General Conditions – DISPUTE RESOLUTION provided the other contractors have
reciprocal obligations. The Design-Builder shall be deemed to have consented to arbitration of any dispute with any
other contractor whose contract with the Owners contains a similar agreement to arbitrate.
PART 3 DESIGN-BUILDER’S RESPONSIBILITIES
GC 3.1 CONTROL OF THE DESIGN SERVICES AND THE WORK
3.1.1
The Design-Builder shall have total control of the Design Services and of the Work and shall direct and supervise the
Design Services and the Work so as to ensure conformity with the Contract Documents.
3.1.2
The Design-Builder shall be solely responsible for the Design Services and construction means, methods, techniques,
sequences, and procedures with respect to the Work.
3.1.3
The Design-Builder shall preserve and protect the rights of the parties under the Contract with respect to the Design
Services to be performed by the Consultant and Other Consultants, and shall enter into a contract with the Consultant
and Other Consultants to perform Design Services as provided in the Contract, in accordance with laws applicable at
the Place of the Work.
3.1.4
The Design-Builder’s contract with the Consultant shall:
.1 be based on the version of CCDC 15 – Design Services Contract between Design-Builder and Consultant in
effect as at the date of this Contract or incorporate terms and conditions consistent with this version of CCDC 15,
and
.2 incorporate terms and conditions of the Contract Documents, insofar as they are applicable.
3.1.5
Upon the Owner’s request, the Design-Builder shall promptly provide the Owner with proof of compliance with
paragraph 3.1.4.
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3.1.6
The Design-Builder shall be as fully responsible to the Owner for acts and omissions of the Consultant and Other
Consultants, and of persons directly or indirectly employed by the Consultant and Other Consultants, as for acts and
omissions of persons directly employed by the Design-Builder.
3.1.7
The Design-Builder’s responsibility for Design Services performed by the Consultant and Other Consultants shall be
limited to the degree of care, skill and diligence normally provided by consultants in the performance of comparable
services in respect of projects of a similar nature to that contemplated by this Contract. The Design-Builder shall ensure
that the Consultant and Other Consultants perform the Design Services to this standard.
3.1.8
The Design-Builder shall ensure that the Consultant and Other Consultants provide documentation required by
authorities having jurisdiction in accordance with regulations and by-laws in effect at the Place of the Work.
3.1.9
The Design-Builder is solely responsible for the quality of the Design Services and of the Work and shall undertake
any quality control activities specified in the Contract Documents or, if none are specified, as may be reasonably
required to ensure such quality.
3.1.10
The Design Builder shall provide access to the Work, including parts being performed at locations other than the Place
of the Work and to the location where the Design Services are performed, that the Owner, or the Payment Certifier
may reasonably require to verify the progress of the Work or Design Services and their conformity to the requirements
of the Contract Documents. The Design-Builder shall also provide sufficient, safe, and proper facilities at all times
for such reviews of the Design Services or the Work and for inspection of the Work by authorized agencies.
3.1.11
If work is designated for tests, inspections, or approvals in the Contract Documents, or by the instructions of the
Owner, the Consultant, or Other Consultants, or the laws or ordinances of the Place of the Work, the Design-Builder
shall give the Owner reasonable notice of when the work will be ready for review and inspection.
3.1.12
The Design-Builder shall arrange for and shall give the Owner reasonable notice of the date and time of inspections by
other authorities.
3.1.13
If the Design-Builder covers, or permits to be covered, work that has been designated for special tests, inspections, or
approvals before such special tests, inspections, or approvals are made, given or, completed, the Design-Builder shall,
if so directed, uncover such work, have the inspections or tests satisfactorily completed, and restore the covering work
at the Design-Builder's expense.
3.1.14
The Design-Builder shall furnish promptly to the Owner, on request, a copy of certificates, test reports and inspection
reports relating to the Work.
GC 3.2 DESIGN-BUILDER’S REVIEW OF OWNER’S STATEMENT OF REQUIREMENTS OR OTHER
INFORMATION
3.2.1
The Design-Builder shall promptly notify the Owner of any significant error, inconsistency, or omission discovered in
the Owner's Statement of Requirements or other information provided by or on behalf of the Owner. The DesignBuilder shall not proceed with the Design Services or Work affected until the Design-Builder and the Owner have
agreed in writing how the information should be corrected or supplied.
3.2.2
The Design-Builder shall not be liable for damages or costs resulting from such errors, inconsistencies, or omissions
in the Owner's Statement of Requirements or other information provided by or on behalf of the Owner.
GC 3.3 ROLE OF THE CONSULTANT
3.3.1
The Consultant or Other Consultants will be, in the first instance, the interpreter of the requirements of the
Construction Documents that they have prepared.
3.3.2
The duties, responsibilities and limitations of authority of the Consultant shall be in accordance with paragraph 3.1.4
of GC 3.1 – CONTROL OF THE DESIGN SERVICES AND THE WORK and shall be modified only with the
written consent of the Owner, which consent shall not be unreasonably withheld.
3.3.3
If the Consultant’s engagement is terminated, the Design-Builder shall immediately appoint or reappoint a Consultant
against whom the Owner makes no reasonable objection and whose status under the Contract Documents shall be that
of the former Consultant.
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GC 3.4 OTHER CONSULTANTS, SUBCONTRACTORS AND SUPPLIERS
3.4.1
The Design-Builder shall preserve and protect the rights of the parties under the Contract with respect to work to be
performed under subcontract, and shall:
1. enter into contracts or written agreements with Other Consultants to require them to perform Design Services as
provided in the Contract Documents;
2. enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform Work as
required by the Contract Documents;
3. incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with
Other Consultants, Subcontractors and Suppliers insofar as they are applicable; and
4. be as fully responsible to the Owner for acts and omissions of Other Consultants, Subcontractors, Suppliers and
of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the
Design-Builder.
3.4.2
The Design-Builder shall indicate in writing, at the request of the Owner, the names of Other Consultants,
Subcontractors, or Suppliers whose proposals or bids have been received by the Design-Builder which the DesignBuilder would be prepared to accept for the performance of a portion of the Design Services or of the Work. Should
the Owner not object before signing the subcontract, the Design-Builder shall employ Other Consultants,
Subcontractors or Suppliers so identified by the Design-Builder in writing for the performance of that portion of the
Design Services or of the Work to which their proposal or bid applies.
3.4.3
The Owner may, for reasonable cause, at any time before the Design-Builder has signed the subcontract, object to the
use of a proposed Other Consultant, Subcontractor or Supplier and require the Design-Builder to employ another
proposed Other Consultant, Subcontractor or Supplier bidder.
3.4.4
If the Owner requires the Design-Builder to change a proposed Other Consultant, Subcontractor or Supplier, the
Contract Price and Contract Time shall be adjusted by the differences resulting from such required change.
3.4.5
The Design-Builder shall not be required to employ any Subcontractor, Supplier, Other Consultant, person or firm to
whom the Design-Builder may reasonably object.
GC 3.5 CONSTRUCTION DOCUMENTS
3.5.1
The Design-Builder shall submit the proposed Construction Documents to the Owner to review in orderly sequence
and sufficiently in advance so as to cause no delay. The Owner and the Design-Builder shall jointly prepare a schedule
of the dates for submission and return of proposed Construction Documents.
3.5.2
During the progress of the Design Services, the Design-Builder shall furnish to the Owner documents that describe
details of the design required by the Contract Documents.
3.5.3
At the time of submission the Design-Builder shall advise the Owner in writing of any significant deviations in the
proposed Construction Documents from the requirements of the Contract Documents. The Owner may or may not
accept such deviations. Accepted deviations from the Owner’s Statement of Requirements will be recorded in a
Change Order.
3.5.4
When a change is required to the Construction Documents it shall be made in accordance with GC 6.1 – OWNER’S
RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER, or GC 6.3 – CHANGE DIRECTIVE.
GC 3.6 DESIGN SERVICES AND WORK SCHEDULE
3.6.1
The Design-Builder shall:
.1 promptly after signing the Agreement, prepare and submit to the Owner a Design Services and Work schedule that
indicates the timing of the major activities of the Design Services and of the Work and provides sufficient detail
of the critical events and their inter-relationship to demonstrate that the Design Services and the Work will be
performed in conformity with the schedule;
.2 monitor the progress of the Design Services and of the Work relative to the schedule and update the schedule on a
monthly basis or as stipulated by the Contract Documents; and
.3 advise the Owner of any revisions required to the schedule as a result of extensions to the Contract Time as
provided in Part 6 of the General Conditions – CHANGES IN THE CONTRACT.
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GC 3.7 SUPERVISION
3.7.1
The Design-Builder shall provide all necessary supervision and appoint a competent representative who shall be in
attendance at the Place of the Work while work is being performed. The appointed representative shall not be
changed except for valid reason.
3.7.2
The appointed representative shall represent the Design-Builder at the Place of the Work. Information and
instructions provided by the Owner to the Design-Builder’s appointed representative shall be deemed to have been
received by the Design-Builder except that Notices in Writing otherwise required under the Contract shall be given as
indicated in Article A-6 of the Agreement – RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING.
GC 3.8 LABOUR AND PRODUCTS
3.8.1
The Design-Builder shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light,
power, transportation, and other facilities and services necessary for the performance of the Work in accordance with
the Contract.
3.8.2
Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not
specified shall be of a quality consistent with the Contract Documents and their use acceptable to the Owner.
3.8.3
The Design-Builder shall maintain good order and discipline among the Design-Builder's employees involved in the
performance of the Work and shall not employ anyone not skilled in the tasks assigned.
GC 3.9 DOCUMENTS AT THE SITE
3.9.1
The Design-Builder shall keep one copy of current Owner’s Statement of Requirements, Construction Documents,
Shop Drawings, reports, and records of meetings at the Place of the Work, in good order and available to the Owner.
GC 3.10 SHOP DRAWINGS
3.10.1
The Design-Builder shall provide Shop Drawings as described in the Contract Documents or as the Owner may
reasonably request.
3.10.2
Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to
such authority by the Design-Builder for approval.
3.10.3
The Design-Builder shall review all Shop Drawings before providing them to the Owner. The Design-Builder
represents by this review that the Design-Builder has:
.1 determined and verified all applicable field measurements, field construction conditions, Product requirements,
catalogue numbers and similar data, or will do so, and
.2 checked and co-ordinated each Shop Drawing with the requirements of the Contract Documents.
3.10.4
If the Owner requests to review shop drawings, the Design-Builder shall submit them in an orderly sequence and
sufficiently in advance so as to cause no delay in the Design Services or the Work or in the work of other contractors.
The Owner and the Design-Builder shall jointly prepare a schedule of the dates for submission and return of Shop
Drawings.
3.10.5
The Owner’s review under paragraph 3.10.4 is for conformity to the intent of the Contract Documents and for general
arrangement only. The Owner’s review shall not relieve the Design-Builder of the responsibility for errors or
omissions in the Shop Drawings or for meeting all requirements of the Contract Documents unless the Owner
expressly accepts a deviation from the Contract Documents by Change Order.
GC 3.11 NON-CONFORMING DESIGN AND DEFECTIVE WORK
3.11.1
Where the Owner has advised the Design-Builder, by Notice in Writing, that designs or Specifications fail to comply
with the Owner’s Statement of Requirements, the Design-Builder shall ensure that the design documents or proposed
Construction Documents are promptly corrected or altered.
3.11.2
The Design-Builder shall promptly correct defective work that has been rejected by Notice in Writing by the Owner as
failing 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, design, use of defective products, or damage through
carelessness or other act or omission of the Design-Builder.
3.11.3
The Design-Builder shall promptly make good other contractors' work destroyed or damaged by such removals or
replacements at the Design-Builder's expense.
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CCDC 14 – 2013
3.11.4
If, in the opinion of the Owner, it is not expedient to correct defective work or work not performed as provided in the
Contract Documents, the Owner may deduct from the amount otherwise due to the Design-Builder the difference in
value between the work as performed and that called for by the Contract Documents. If the Design-Builder does not
agree on the difference in value, the Design-Builder shall refer the dispute to Part 8 of the General Conditions –
DISPUTE RESOLUTION.
PART 4 ALLOWANCES
GC 4.1 CASH ALLOWANCES
4.1.1
The Contract Price includes the cash allowances, if any, stated in the Owner’s Statement of Requirements. The scope
of work or costs included in such cash allowances shall be as described in the Owner’s Statement of Requirements.
4.1.2
The Contract Price, and not the cash allowances, includes the Design-Builder's overhead and profit in connection with
such cash allowances.
4.1.3
Expenditures under cash allowances shall be authorized by the Owner.
4.1.4
Where the actual cost of the work performed under any cash allowance exceeds the amount of the allowance, the
Design-Builder shall be compensated for the excess incurred and substantiated plus an amount for overhead and profit
on the excess as set out in the Contract Documents. Where the actual cost of the work performed under any cash
allowance is less than the amount of the allowance, the Owner shall be credited for the unexpended portion of the cash
allowance, but not for the Design-Builder’s overhead and profit on such amount. Multiple cash allowances shall not
be combined for the purpose of calculating the foregoing.
4.1.5
The Contract Price shall be adjusted by Change Order to provide for any difference between each cash allowance and
the actual cost of the work performed under that cash allowance.
4.1.6
The value of the work performed under a cash allowance is eligible to be included in progress payments.
4.1.7
The Design-Builder and the Owner shall jointly prepare a schedule that shows when the Owner must authorize
ordering of items called for under cash allowances to avoid delaying the progress of the Design Services or of the
Work.
GC 4.2 CONTINGENCY ALLOWANCE
4.2.1
The Contract Price includes the contingency allowance, if any, stated in the Owner’s Statement of Requirements.
4.2.2
The contingency allowance includes the Design-Builder's overhead and profit in connection with such contingency
allowance.
4.2.3
Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 – OWNER’S
RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.
4.2.4
The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures
authorized under paragraph 4.2.3 and the contingency allowance.
PART 5 PAYMENT
GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER
5.1.1
The Owner shall, at the request of the Design-Builder, before signing the Contract, and promptly from time to time
thereafter, furnish to the Design-Builder reasonable evidence that financial arrangements have been made to fulfill the
Owner's obligations under the Contract.
5.1.2
The Owner shall give the Design-Builder Notice in Writing of any material change in the Owner's financial
arrangements to fulfill the Owner's obligations under the Contract during the performance of the Contract.
GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT
5.2.1
Applications for payment on account as provided in Article A-5 of the Agreement – PAYMENT may be made
monthly as the Design Services and the Work progress.
5.2.2
Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an
alternative day of the month agreed to in writing by the parties.
5.2.3
The amount claimed shall be for the value, proportionate to the amount of the Contract, of the Design Services and of
the Work performed and Products delivered to the Place of the Work as of the last day of the payment period.
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5.2.4
The Design-Builder shall submit to the Payment Certifier, at least 15 calendar days before the first application for
payment, a schedule of values for the parts of the Design Services and of the Work, aggregating the total amount of the
Contract Price, so as to facilitate evaluation of applications for payment.
5.2.5
The schedule of values shall be made out in such form and supported by such evidence as the Payment Certifier may
reasonably direct, and when accepted by the Payment Certifier, shall be used as the basis for applications for payment
unless it is found to be in error.
5.2.6
The Design-Builder shall include a statement based on the schedule of values with each application for payment.
5.2.7
A declaration by the Design-Builder as to the distribution made of the amounts received using document CCDC 9A –
Statutory Declaration of Progress Payment Distribution by Contractor shall be joined to each application for progress
payment except the first one.
5.2.8
Applications for payment for Products delivered to the Place of the Work but not yet incorporated into the Work shall
be supported by such evidence as the Payment Certifier may reasonably require to establish the value and delivery of
the Products.
GC 5.3 PROGRESS PAYMENT
5.3.1
After receipt by the Payment Certifier of an application for payment submitted by the Design-Builder in accordance
with GC 5.2 – APPLICATIONS FOR PROGRESS PAYMENT:
.1 the Payment Certifier will promptly inform the Owner of the date of receipt and value of the Design-Builder’s
application for payment,
.2 the Payment Certifier will issue to the Owner and copy to the Design-Builder, no later than 10 calendar days after
the receipt of the application for payment, a certificate for payment in the amount applied for, or in such other
amount as the Payment Certifier determines to be properly due. If the Payment Certifier amends the application,
the Payment Certifier will promptly advise the Design-Builder in writing giving reasons for the amendment,
.3 the Owner shall make payment to the Design-Builder on account as provided in Article A-5 of the Agreement –
PAYMENT on or before 20 calendar days after the later of:
– receipt by the Payment Certifier of the application for payment, or
– the last day of the monthly payment period for which the application for payment is made.
GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK
5.4.1
When the Design-Builder considers that the Work is substantially performed or, if permitted by the lien legislation
applicable at the Place of the Work, a designated portion thereof which the Owner agrees to accept separately is
substantially performed, the Design-Builder shall prepare and submit to the Payment Certifier appropriate documents
as required by the Contract Documents together with a written application for a review by the Payment Certifier to
establish Substantial Performance of the Work or substantial performance of the designated portion of the Work.
Failure to include this information does not alter the responsibility of the Design-Builder to complete the Contract.
5.4.2
The Design-Builder’s application for Substantial Performance of the Work shall include a statement from the
Consultant, and Other Consultants in support of the submitted information and the date of Substantial Performance of
the Work or designated portion of the Work.
5.4.3
The Payment Certifier shall, within 7 calendar days after receipt of the Design-Builder’s application for Substantial
Performance of the Work, issue a certificate of the Substantial Performance of the Work which shall state the date of
Substantial Performance of the Work or designated portion thereof or advise the Design-Builder in writing of the
reasons for which such a certificate is not issued.
5.4.4
If the applicable lien legislation requires the Consultant to determine whether the Work has been substantially
performed, the Consultant shall issue a certificate of the Substantial Performance of the Work which shall state the
date of Substantial Performance of the Work or designated portion of the Work or advise the Design-Builder in
writing of the reasons for which such a certificate is not issued.
5.4.5
Immediately following the issuance of the certificate of Substantial Performance of the Work, the Design-Builder, in
consultation with the Owner will establish a reasonable date for completing the Work.
GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK
5.5.1
After the issuance of the certificate of Substantial Performance of the Work, the Design-Builder shall:
.1 submit an application for payment of the holdback amount,
.2 submits a CCDC 9A Statutory Declaration of Progress Payment Distribution by Contractor.
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CCDC 14 – 2013
5.5.2
After the receipt of an application for payment from the Design-Builder and the statement as provided in paragraph
5.5.1, the Payment Certifier will issue a certificate for payment of the holdback amount.
5.5.3
Where the holdback amount required by the applicable lien legislation has not been placed in a separate holdback
account, the Owner shall, 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation
applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and
the Design-Builder.
5.5.4
In the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback
amount is due and payable on the calendar day following the expiration of the holdback period stipulated in the lien
legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount
shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to
between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens
against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary
claims against the Design-Builder which are enforceable against the Owner.
5.5.5
In the Province of Quebec, the holdback amount authorized by the certificate for payment of the holdback amount is
due and payable 30 calendar days after the issuance of the certificate. The Owner may retain out of the holdback
amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or
other third party monetary claims against the Design-Builder which are enforceable against the Owner.
GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK
5.6.1
In the common law jurisdictions, where legislation permits and where, upon application by the Design-Builder, the
Payment Certifier has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial
Performance of the Work, the Owner shall pay the Design-Builder the holdback amount retained for such subcontract
work, or the Products supplied by such Supplier, on the first calendar day following the expiration of the holdback
period for such work stipulated in the lien legislation applicable to the Place of the Work. The Owner may retain out
of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien
legislation applicable to the Place of the Work, other third party monetary claims against the Design-Builder which are
enforceable against the Owner.
5.6.2
In the Province of Quebec, where, upon application by the Design-Builder, the Payment Certifier has certified that the
work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner
shall pay the Design-Builder the holdback amount retained for such subcontract work, or the Products supplied by
such Supplier, no later than 30 calendar days after such certification by the Payment Certifier. The Owner may retain
out of the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken,
against the Work or other third party monetary claims against the Design-Builder which are enforceable against the
Owner.
5.6.3
Notwithstanding the provisions of the preceding paragraphs, and notwithstanding the wording of such certificates, the
Design-Builder shall ensure that such subcontract work or Products are protected pending the issuance of a
Substantial Performance of the Work certificate and be responsible for the correction of defects or work not performed
regardless of whether or not such was apparent when such certificates were issued.
GC 5.7 FINAL PAYMENT
5.7.1
When the Design-Builder considers that the Design Services and the Work are completed, the Design-Builder shall
submit an application for final payment.
5.7.2
The Payment Certifier will, no later than 10 calendar days after the receipt of an application from the Design-Builder
for final payment, verify the validity of the application and advise the Design-Builder in writing that the application is
valid or give reasons why it is not valid.
5.7.3
When the Payment Certifier finds the Design-Builder's application for final payment valid, the Payment Certifier will
promptly issue a final certificate for payment.
5.7.4
Subject to the provision of paragraph 10.4.1 of GC 10.4 – WORKERS' COMPENSATION, and any lien legislation
applicable to the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final
certificate for payment, pay the Design-Builder as provided in Article A-5 of the Agreement – PAYMENT.
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GC 5.8 DEFERRED WORK
5.8.1
If because of climatic or other conditions reasonably beyond the control of the Design-Builder, there are items of work
that cannot be performed, payment in full for that portion of the Design Services or Work which has been performed
as certified by the Payment Certifier shall not be withheld or delayed by the Owner on account thereof, but the Owner
may withhold, until the remaining portions of the Design Services and Work are finished, only such amount that the
Payment Certifier determines is sufficient and reasonable to cover the cost of performing such remaining work.
GC 5.9 NON-CONFORMING DESIGN SERVICES AND WORK
5.9.1
No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall
constitute an acceptance of any portion of the Design Services and the Work which are not in accordance with the
requirements of the Contract Documents.
PART 6 CHANGES IN THE CONTRACT
GC 6.1 OWNER’S RIGHT TO MAKE CHANGES
6.1.1
The Owner without invalidating the Contract, may make:
.1 changes to the Work or to the Owner’s Statement of Requirements consisting of additions, deletions or revisions
to the Design Services or to the Work, by Change Order or Change Directive, and
.2 changes to the Contract Time by Change Order.
6.1.2
The Design-Builder shall not perform a change in the Design Services, Construction Documents or to the Work
without a Change Order or a Change Directive.
GC 6.2 CHANGE ORDER
6.2.1
When a change is proposed or required, the Owner or the Design-Builder shall provide a written description of the
proposed change to the other party. The Design-Builder shall present, in a form acceptable to the Owner, a method of
adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any,
for the proposed change.
6.2.2
When the Owner and Design-Builder agree to the adjustments in the Contract Price and Contract Time, or to the
method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded
in a Change Order. The value of the Design Services or the Work performed as the result of a Change Order shall be
included in applications for progress payment.
6.2.3
If the Owner requests the Design-Builder to submit a proposal for a change and then elects not to proceed with the
change, a Change Order shall be issued by the Owner to reimburse the Design-Builder for all costs incurred by the
Design-Builder in developing the proposal, including the cost of the related Design Services.
GC 6.3 CHANGE DIRECTIVE
6.3.1
If the Owner requires the Design-Builder to proceed with a change prior to the Owner and the Design-Builder
agreeing upon the corresponding adjustment in Contract Price and Contract Time, the Owner shall issue a Change
Directive.
6.3.2
A Change Directive shall only be used to direct a change which is within the general scope of the Contract
Documents.
6.3.3
A Change Directive shall not be used to direct a change in the Contract Time only.
6.3.4
Upon receipt of a Change Directive, the Design-Builder shall proceed promptly with the change.
6.3.5
For the purpose of valuing Change Directives, changes that are not substitutions or otherwise related to each other
shall not be grouped together in the same Change Directive.
6.3.6
The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on
the basis of the cost of the Design-Builder’s actual expenditures and savings attributable to the Change Directive,
valued in accordance with paragraph 6.3.7 and as follows:
.1 If the change results in a net increase in the Design-Builder’s cost, the Contract Price shall be increased by the
amount of the net increase in the Design-Builder’s cost, plus the Design-Builder’s percentage fee on the net
increase.
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.2
6.3.7
If the change results in a net decrease in the Design-Builder’s cost, the Contract Price shall be decreased by the
amount of the net decrease in the Design-Builder’s cost, without adjustment for the Design-Builder’s percentage
fee.
The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the
following:
.1
.2
.3
.4
.5
.6
.7
.8
.9
.10
.11
.12
.13
.14
.15
.16
.17
.18
salaries, wages and benefits paid to personnel in the direct employ of the Design-Builder under a salary or wage
schedule agreed upon by the Owner and the Design-Builder, or in the absence of such a schedule, actual salaries,
wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or wage schedule
and bargaining agreement, actual salaries, wages and benefits paid by the Design-Builder, for personnel:
(1) stationed at the Design-Builder’s field office, in whatever capacity employed;
(2) engaged in expediting the production or transportation of material or equipment, at shops or on the road;
(3) engaged in the preparation or review of Shop Drawings, fabrication drawings, coordination drawings, and
project record drawings; or
(4) engaged in the processing of changes in the Design Services or in the Work;
contributions, assessments, or taxes incurred for such items as employment insurance, provincial or territorial
health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on
wages, salaries, or other remuneration paid to employees of the Design-Builder and included in the cost of the
work as provided in paragraphs 6.3.7.1;
travel and subsistence expenses of the Design-Builder's personnel described in paragraphs 6.3.7.1;
all Products including cost of transportation thereof;
materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers,
including transportation and maintenance thereof, which are consumed in the performance of the Work, and cost
less salvage value on such items used but not consumed, which remain the property of the Design-Builder;
all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work whether
rented from or provided by the Design-Builder or others, including installation, minor repairs and replacements,
dismantling, removal, transportation, and delivery cost thereof;
all equipment and services required for the Design-Builder’s field office;
deposits lost;
the cost of Design Services including all fees and disbursements of the Consultant and Other Consultants engaged
to perform such services;
the amounts of all subcontracts;
quality assurance such as independent inspection and testing services;
charges levied by authorities having jurisdiction at the Place of the Work;
royalties, patent license fees, and damages for infringement of patents and cost of defending suits therefore
subject always to the Design-Builder's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC
10.3 – PATENT FEES;
any adjustment in premiums for all bonds and insurance which the Design-Builder is required, by the Contract
Documents, to purchase and maintain;
any adjustment in taxes, other than Value Added Taxes, and duties for which the Design-Builder is liable;
charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash
items incurred in relation to the performance of the Work;
removal and disposal of waste products and debris; and
safety measures and requirements.
6.3.8
Notwithstanding other provisions contained in the General Conditions of the Contract, it is the intention of the parties
that the cost of any item under any cost element referred to in paragraph 6.3.7 shall cover and include any and all costs
or liabilities attributable to the Change Directive other than those which are the result of or occasioned by any failure
on the part of the Design-Builder to exercise reasonable care and diligence in the Design-Builder’s attention to the
Design Services or to the Work. Any cost due to failure on the part of the Design-Builder to exercise reasonable care
and diligence in the Design-Builder’s attention to the Design Services or to the Work shall be borne by the DesignBuilder.
6.3.9
The Design-Builder shall keep full and detailed accounts and records necessary for the documentation of the cost of
performing the work attributable to the Change Directive and shall provide the Owner with copies thereof when
requested.
6.3.10
For the purpose of valuing Change Directives, the Owner shall be afforded reasonable access to all of the DesignBuilder’s pertinent documents related to the cost of performing the work attributable to the Change Directive.
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6.3.11
Pending determination of the final amount of a Change Directive, the undisputed value of the work performed as the
result of a Change Directive is to be included in progress payments.
6.3.12
If the Owner and Design-Builder do not agree on the proposed adjustment in the Contract Time attributable to the
change, or the method of determining it, the adjustment shall be referred to the provisions of PART 8 – DISPUTE
RESOLUTION, for determination.
6.3.13
When the Owner and the Design-Builder reach agreement on the adjustment to the Contract Price and to the Contract
Time, this agreement shall be recorded in a Change Order.
GC 6.4 CONCEALED OR UNKNOWN CONDITIONS
6.4.1
If the Owner or the Design-Builder discovers conditions at the Place of the Work which are:
.1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Contract
and which differ materially from those indicated in the Contract Documents; or
.2 physical conditions, other than conditions due to weather, that are of a nature which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the character provided
for in the Contract Documents,
then the observing party shall give Notice in Writing to the other party of such conditions before they are disturbed
and in no event later than 5 Working Days after first observance of the conditions.
6.4.2
The Owner will promptly investigate such conditions. If the conditions differ materially from the Contract
Documents and this would cause an increase or decrease in the Design-Builder's cost or time to perform the Design
Services or the Work, the Owner will issue appropriate instructions for a change in the Contract as provided in
GC 6.2 – CHANGE ORDER or GC 6.3 – CHANGE DIRECTIVE.
6.4.3
If the Owner is of the opinion that the conditions at the Place of the Work are not materially different or that no
change in the Contract Price or the Contract Time is justified, the Owner will advise the Design-Builder in writing of
the grounds on which this opinion is based.
6.4.4
The Design-Builder shall not be entitled to an adjustment in the Contract Price or the Contract Time if such
conditions were reasonably apparent during the request for proposal period or bidding period and prior to proposal
closing or bid closing.
6.4.5
If such concealed or unknown conditions relate to toxic and hazardous substances and materials, artifacts and fossils,
or mould, the parties will be governed by the provisions of GC 9.2 – TOXIC AND HAZARDOUS SUBSTANCES
AND MATERIALS, GC 9.3 – ARTIFACTS AND FOSSILS and GC 9.5 – MOULD.
GC 6.5 DELAYS
6.5.1
If the Design-Builder is delayed in the performance of the Design Services or the Work by an action or omission of the
Owner or anyone employed or engaged by the Owner directly or indirectly, contrary to the provisions of the Contract
Documents, then the Contract Time shall be extended for such reasonable time as agreed between the Owner and the
Design-Builder. The Design-Builder shall be reimbursed by the Owner for reasonable costs incurred by the DesignBuilder as the result of such delay.
6.5.2
If the Design-Builder is delayed in the performance of the Design Services or the Work by a stop work order issued by
a court or other public authority and providing that such order was not issued as the result of an act or fault of the
Design-Builder or any person employed or engaged by the Design Builder directly or indirectly, then the Contract
Time shall be extended for such reasonable time as agreed between the Owner and the Design-Builder. The DesignBuilder shall be reimbursed by the Owner for reasonable costs incurred by the Design-Builder as the result of such
delay.
6.5.3
If the Design-Builder is delayed in the performance of the Design Services or the Work by:
.1 labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized
contractors' association, of which the Design-Builder is a member or to which the Design-Builder is otherwise
bound), or
.2 fire, unusual delay by common carriers or unavoidable casualties, or
.3 abnormally adverse weather conditions, or
.4 any cause beyond the Design-Builder's control other than one resulting from a default or breach of Contract by
the Design-Builder,
then the Contract Time shall be extended for such reasonable time as agreed between the Owner and the DesignBuilder. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless
the Design-Builder agrees to a shorter extension. The Design-Builder shall not be entitled to payment for costs
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incurred by such delays unless such delays result from actions of the Owner, or anyone employed or engaged by the
Owner directly or indirectly.
6.5.4
No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Owner no later than
10 Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in
Writing shall be necessary.
6.5.5
Any adjustment to Contract Price and Contract Time required as a result of GC 6.5 – DELAYS shall be made as
provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER, and GC 6.3 –
CHANGE DIRECTIVE.
GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE
6.6.1
If the Design-Builder intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a
claim for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of
intent to claim to the other party, to give the other party the opportunity to take actions to mitigate the claim.
6.6.2
Upon commencement of the event or series of events giving rise to a claim, the party intending to make the claim
shall:
.1 take all reasonable measures to mitigate any loss or expense which may be incurred as a result of such event or
series of events, and
.2 keep such records as may be necessary to support the claim.
6.6.3
The party making the claim shall submit within a reasonable time to the other party a detailed account of the amount
claimed and the grounds upon which the claim is based.
6.6.4
Where the event or series of events giving rise to the claim has a continuing effect, the detailed account submitted
under paragraph 6.6.3 shall be considered to be an interim account and the party making the claim shall, at regular
intervals as agreed between the parties, submit further interim accounts giving the accumulated amount of the claim
and any further grounds upon which it is based. The party making the claim shall submit a final account after the end
of the effects resulting from the event or series of events.
6.6.5
If the Owner and Design-Builder are in disagreement regarding the basis for the claim or its valuation, the matter shall
be settled in accordance with Part 8 of the General Conditions – DISPUTE RESOLUTION.
PART 7 RIGHT TO SUSPEND OR TERMINATE
GC 7.1 OWNER'S RIGHT TO SUSPEND THE DESIGN SERVICES OR TERMINATE THE CONTRACT BEFORE
THE WORK COMMENCES
7.1.1
The Owner may, at any time before the Work commences at the Place of the Work, suspend performance of the
Design Services by giving Notice in Writing to the Design-Builder indicating the expected length of the suspension.
Such suspension shall be effective in the manner as stated in the Notice in Writing and shall be without prejudice to
any claims which either party may have against the other.
7.1.2
Upon receiving a notice of suspension, the Design-Builder shall, subject to any directions in the notice of suspension,
suspend performance of the Design Services.
7.1.3
If the Design Services are suspended for a period of 20 Working Days or less, the Design-Builder, upon the expiration
of the period of suspension, shall resume the performance of the Design Services in accordance with the Contract
Documents. The Contract Price and Contract Time shall be adjusted as provided in paragraph 6.5.1 of GC 6.5 –
DELAYS.
7.1.4
If, after 20 Working Days from the date of delivery of the Notice in Writing regarding the suspension of the Design
Services, the Owner and the Design-Builder agree to continue with and complete the Design Services and the Work,
the Design-Builder shall resume the Design Services in accordance with any terms and conditions agreed upon by the
Owner and the Design-Builder. Failing such an agreement, the Owner shall be deemed to have terminated the
Contract and the Design-Builder shall be entitled to be paid for all Design Services performed and for such other
damages as the Design-Builder may have sustained, including reasonable profit, as a result of the termination of the
Contract.
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GC 7.2 OWNER'S RIGHT TO TERMINATE THE DESIGN-BUILDER’S RIGHT TO CONTINUE WITH THE
DESIGN SERVICES OR WORK, OR TERMINATE THE CONTRACT
7.2.1
If the Design-Builder is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the
Design-Builder's insolvency, or if a receiver is appointed because of the Design-Builder's insolvency, the Owner may,
without prejudice to any other right or remedy the Owner may have, terminate the Design-Builder’s right to continue
with the Design Services or Work, by giving the Design-Builder or receiver or trustee in bankruptcy Notice in Writing
to that effect.
7.2.2
If the Design-Builder neglects to properly perform the Design Services or Work, or otherwise fails to comply with the
requirements of the Contract to a substantial degree, the Owner may, without prejudice to any other right or remedy
the Owner may have, give the Design-Builder Notice in Writing that the Design-Builder is in default of the DesignBuilder's contractual obligations and instruct the Design-Builder to correct the default in the 5 Working Days
immediately following the receipt of such Notice in Writing.
7.2.3
If the default cannot be corrected in the 5 Working Days specified or in such other time period as may be subsequently
agreed in writing by the parties, the Design-Builder shall be in compliance with the Owner's instructions if the
Design-Builder:
.1 commences the correction of the default within the specified or agreed time, as the case may be, and
.2 provides the Owner with an acceptable schedule for such correction, and
.3 corrects the default in accordance with the Contract terms and with such schedule.
7.2.4
If the Design-Builder fails to correct the default in the time specified or in such other time period as may be
subsequently agreed in writing by the parties, without prejudice to any other right or remedy the Owner may have, the
Owner may:
.1 correct such default and deduct the cost thereof from any payment then or thereafter due the Design-Builder
provided the Payment Certifier has certified such cost to the Owner and the Design-Builder, or
.2 terminate the Design-Builder's right to continue with the Design Services or Work in whole or in part, or
.3 terminate the Contract.
7.2.5
If the Owner terminates the Design-Builder's right to continue with the Design Services or Work as provided in
paragraphs 7.2.1 and 7.2.4, or if the Owner terminates the Contract, the Owner shall be entitled to:
.1 use the plans, sketches, Drawings, graphic representations and Specifications pursuant to paragraph 1.1.8 of GC
1.1 – CONTRACT DOCUMENTS, as reasonably required for the completion of design and construction of the
Project, but unless otherwise agreed, the Consultant and Other Consultants shall not assume any responsibility or
liability resulting from use of such documents which may be incomplete;
.2 take possession of the Work and Products at the Place of the Work, and subject to the rights of third parties,
utilize the Construction Equipment at the Place of the Work, and finish the Design Services and Work by
whatever method the Owner may consider expedient, but without undue delay or expense;
.3 withhold further payment to the Design-Builder until final payment is determined in accordance with paragraphs
7.2.5.4 and 7.2.5.5;
.4 charge the Design-Builder the amount by which:
(1) the full cost of finishing the Design Services and the Work, as certified by the Payment Certifier, including
compensation to the Payment Certifier for the Payment Certifier’s additional services, plus
(2) a reasonable allowance as determined by the Payment Certifier to cover the cost of corrections to work
performed by the Design-Builder that may be required under GC 12.5 – WARRANTY, together exceeds the
unpaid balance of the Contract Price; however, if such cost of finishing the Design Services and the Work is
less than the unpaid balance of the Contract Price, the Owner shall pay the Design-Builder the difference;
and
.5 on expiry of the warranty period, charge the Design-Builder the amount by which the cost of corrections to the
Design-Builder's work under GC 12.5 – WARRANTY exceeds the allowance provided for such corrections, or if
the cost of such corrections is less than the allowance, pay the Design-Builder the difference.
7.2.6
The Design-Builder's obligation under the Contract as to quality, correction and warranty of the Work performed by
the Design-Builder up to the time of termination shall continue after such termination of the Contract.
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GC 7.3 DESIGN-BUILDER'S RIGHT TO SUSPEND THE DESIGN SERVICES OR WORK, OR TERMINATE
THE CONTRACT
7.3.1
If the Owner is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner's
insolvency, or if a receiver is appointed because of the Owner's insolvency, the Design-Builder may, without
prejudice to any other right or remedy the Design-Builder may have, terminate the Contract by giving the Owner or
receiver or trustee in bankruptcy Notice in Writing to that effect.
7.3.2
If the Design Services or Work are suspended or otherwise delayed for a period of more than 20 Working Days under
an order of a court or other public authority and providing that such order was not issued as the result of an act or fault
of the Design-Builder or of anyone directly or indirectly employed or engaged by the Design-Builder, the DesignBuilder may, without prejudice to any other right or remedy the Design-Builder may have, terminate the Contract by
giving the Owner Notice in Writing to that effect.
7.3.3
The Design-Builder may give Notice in Writing to the Owner that the Owner is in default of the Owner's contractual
obligations if:
.1 the Owner fails to furnish, when so requested by the Design-Builder, reasonable evidence that financial
arrangements have been made to fulfill the Owner's obligations under the Contract, or
.2 the Payment Certifier fails to issue a certificate as provided in GC 5.3 – PROGRESS PAYMENT, or
.3 the Owner fails to pay the Design-Builder when due the amounts certified by the Payment Certifier or awarded by
arbitration or court, or
.4 the Owner violates the requirements of the Contract to a substantial degree.
7.3.4
The Design-Builder's Notice in Writing to the Owner provided under paragraph 7.3.3 shall advise that if the default is
not corrected within 5 Working Days following the receipt of the Notice in Writing, the Design-Builder may, without
prejudice to any other right or remedy the Design-Builder may have, suspend the Design Services or the Work, or
terminate the Contract.
7.3.5
If the Design-Builder suspends the Work pursuant to paragraph 7.3.4, the Design-Builder shall:
.1 at the cost of the Owner maintain operations necessary for safety reasons and for care and preservation of the
Work,
.2 make reasonable efforts to delay Product deliveries, and
.3 not remove from the Place of the Work any part of the Work or any Products not yet incorporated into the Work.
7.3.6
If the Design-Builder terminates the Contract under the conditions set out above, the Design-Builder shall be entitled
to be paid for all Design Services and Work performed including reasonable profit, for loss sustained upon Products
and Construction Equipment, and for such other damages as the Design-Builder may have sustained as a result of the
termination of the Contract.
PART 8 DISPUTE RESOLUTION
GC 8.1 NEGOTIATION, MEDIATION AND ARBITRATION
8.1.1
Differences between the parties to the Contract as to the interpretation, application or administration of the Contract
or any failure to agree where agreement between the parties is called for, herein collectively called disputes, shall be
settled in accordance with the requirements of Part 8 of the General Conditions – DISPUTE RESOLUTION.
8.1.2
If a dispute does arise, the parties shall make all reasonable efforts to resolve their dispute by amicable negotiations
and agree to provide, without prejudice, frank, candid and timely disclosure of relevant facts, information and
documents to facilitate these negotiations.
8.1.3
If the parties do not reach an agreement, either party shall send a Notice in Writing of dispute to the other party which
contains the particulars of the matter in dispute, the relevant provisions of the Contract Documents and, if a Project
Mediator has not already been appointed, a request that a Project Mediator be appointed. The responding party shall
send a Notice in Writing of reply to the dispute within 10 Working Days after receipt of such Notice in Writing, setting
out particulars of the response and any relevant provisions of the Contract Documents.
8.1.4
If a dispute is not resolved promptly, the Owner will issue such instructions as necessary to prevent delays pending
settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by
so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that such
instructions were in error or at variance with the Contract Documents, the Owner shall pay the Design-Builder costs
incurred by the Design-Builder in carrying out such instructions which the Design-Builder was required to do beyond
what the Contract Documents correctly understood and interpreted would have required, including costs resulting
from interruption of the Design Services or the Work.
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8.1.5
The parties shall, in accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in
effect at the time of proposal closing or bid closing, appoint a Project Mediator:
.1 within 20 Working Days after the Contract was awarded, or
.2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either
party by Notice in Writing requests that the Project Mediator be appointed.
8.1.6
After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under
paragraph 8.1.3, the parties shall request the Project Mediator to assist the parties to reach agreement on any
unresolved dispute. The mediated negotiations shall be conducted in accordance with the Rules for Mediation and
Arbitration of Construction Disputes as provided in CCDC 40 Rules for Mediation and Arbitration of Construction
Disputes in effect at the time of proposal closing or bid closing.
8.1.7
If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under
paragraph 8.1.6 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated
negotiations by giving Notice in Writing to the Owner and the Design-Builder.
8.1.8
By giving a Notice in Writing to the other party not later than 10 Working Days after the date of termination of the
mediated negotiations under paragraph 8.1.7, either party may refer the dispute to be finally resolved by arbitration
conducted in accordance with the Rules for Mediation and Arbitration of Construction Disputes as provided in CCDC
40 in effect at the time of proposal closing or bid closing. The arbitration shall be conducted in the jurisdiction of the
Place of the Work.
8.1.9
On expiration of the 10 Working Days stipulated in paragraph 8.1.8, the arbitration agreement under paragraph 8.1.8 is
not binding on the parties and, if a Notice in Writing is not given under paragraph 8.1.8 within the required time, the
parties may refer the unresolved dispute to the courts or to any other form of dispute resolution, including arbitration,
which they have agreed to use.
8.1.10
If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting
arbitration in paragraph 8.1.8, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as
provided in paragraph 8.1.8 shall be
.1 held in abeyance until
(1) Substantial Performance of the Work,
(2) the Contract has been terminated, or
(3) the Design-Builder has abandoned the Design Services or the Work,
whichever is earlier; and
.2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.1.8.
GC 8.2 RETENTION OF RIGHTS
8.2.1
It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses,
provided the party has given the Notice in Writing required under Part 8 of the General Conditions – DISPUTE
RESOLUTION and has carried out the instructions as provided in paragraph 8.1.4.
8.2.2
Nothing in Part 8 of the General Conditions – DISPUTE RESOLUTION shall be construed in any way to limit a party
from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work
and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that
party may have under paragraph 8.1.9 of GC 8.1 – NEGOTIATION, MEDIATION AND ARBITRATION to proceed
by way of arbitration to adjudicate the merits of the claim upon which such a lien is based.
8.2.3
Part 8 of the General Conditions – DISPUTE RESOLUTION shall survive suspension or termination of the Contract.
PART 9 PROTECTION OF PERSONS AND PROPERTY
GC 9.1 PROTECTION OF WORK AND PROPERTY
9.1.1
The Design-Builder shall protect the Work and the Owner's property and property adjacent to the Place of the Work
from damage which may arise as the result of the Design-Builder's operations under the Contract, and shall be
responsible for such damage, except damage which occurs as the result of:
.1 errors in the Owner’s Statement of Requirements, or
.2 acts or omissions by the Owner, the Owner’s agents and employees.
9.1.2
Before commencing any work, the Design-Builder shall determine the location of all underground utilities and
structures that are reasonably apparent in an inspection of the Place of the Work.
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9.1.3
Should the Design-Builder in the performance of the Contract damage the Work, the Owner's property, or property
adjacent to the Place of the Work, the Design-Builder shall be responsible for making good such damage at the
Design-Builder's expense.
9.1.4
Should damage occur to the Work or Owner's property for which the Design-Builder is not responsible, as provided in
paragraph 9.1.1, the Design-Builder shall make good such damage to the Work and, if the Owner so directs, to the
Owner's property. The Contract Price and Contract Time shall be adjusted as provided in GC 6.1 – OWNER’S
RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS
9.2.1
For the purposes of applicable legislation related to toxic and hazardous substances, the Owner shall be deemed to
have control and management of the Place of the Work with respect to existing conditions.
9.2.2
Prior to the Design-Builder commencing the Design Services or Work, the Owner shall, subject to legislation
applicable to the Place of the Work:
.1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the
Work, and
.2 provide the Design-Builder with a written list of any such substances that are known to exist and their locations.
9.2.3
The Owner shall take all reasonable steps to ensure that no person’s exposure to any toxic or hazardous substance
exceeds the time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is
damaged or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances which were at the
Place of the Work prior to the Design-Builder commencing the Work.
9.2.4
Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in
accordance with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render
harmless toxic or hazardous substances which were present at the Place of the Work prior to the Design-Builder
commencing the Work.
9.2.5
If the Design-Builder encounters toxic or hazardous substances at the Place of the Work or has reasonable grounds to
believe that toxic or hazardous substances are present at the Place of the Work, which were not brought to the Place of
the Work by the Design-Builder or anyone for whom the Design-Builder is responsible and which were not disclosed
by the Owner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the DesignBuilder shall:
.1 take all reasonable steps, including stopping the Work, to ensure that no person’s exposure to any toxic or
hazardous substances exceeds any applicable time weighted levels prescribed by legislation applicable to the
Place of the Work, and
.2 immediately report the circumstances to the Owner in writing.
9.2.6
If the Owner and Design-Builder do not agree on the existence or significance of the toxic or hazardous substances, or
whether the toxic or hazardous substances were brought onto the Place of the Work by the Design-Builder or anyone
for whom the Design-Builder is responsible, the Owner shall retain and pay for an independent qualified expert to
investigate and make a determination on such matters. The expert’s report shall be delivered to the Owner and the
Design-Builder.
9.2.7
If the Owner and Design-Builder agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or
hazardous substances were not brought onto the Place of the Work by the Design Builder or anyone for whom the
Design Builder is responsible, the Owner shall promptly at the Owner’s own expense:
.1 take all steps as required under paragraph 9.2.4;
.2 reimburse the Design-Builder for the costs of all steps taken pursuant to paragraph 9.2.5;
.3 extend the Contract Time for such reasonable time as agreed between the Design-Builder and the Owner in
consultation with the expert referred to in 9.2.6 and reimburse the Design-Builder for reasonable costs incurred as
a result of the delay; and
.4 indemnify the Design-Builder as required by GC 12.2 – INDEMNIFICATION.
9.2.8
If the Owner and Design-Builder agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or
hazardous substance was brought onto the Place of the Work by the Design-Builder or anyone for whom the DesignBuilder is responsible, the Design-Builder shall promptly at the Design-Builder’s own expense:
.1 take all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to safely
remove and dispose the toxic or hazardous substances;
.2 make good any damage to the Work, the Owner’s property or property adjacent to the Place of the Work as
provided in paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY;
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.3
.4
9.2.9
reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and
indemnify the Owner as required by GC 12.2 – INDEMNIFICATION.
If either party does not accept the expert’s findings under paragraph 9.2.6, the disagreement shall be settled in
accordance with Part 8 of the General Conditions – DISPUTE RESOLUTION. If such disagreement is not resolved
promptly, the parties shall act immediately in accordance with the expert’s determination and take the steps required
by paragraph 9.2.7 or 9.2.8 it being understood that by so doing, neither party will jeopardize any claim that party may
have to be reimbursed as provided in paragraphs 9.2.7 or 9.2 8.
GC 9.3 ARTIFACTS AND FOSSILS
9.3.1
Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest
discovered at the Place of the Work shall, as between the Owner and the Design-Builder, be deemed to be the absolute
property of the Owner.
9.3.2
The Design-Builder shall take all reasonable precautions to prevent removal or damage to discoveries as identified in
paragraph 9.3.1, and shall advise the Owner upon discovery of such items.
9.3.3
The Owner will investigate the impact on the Design Services or the Work of the discoveries identified in paragraph
9.3.1. If conditions are found that would cause an increase or decrease in the Design-Builder’s cost or time to perform
the Design Services or the Work, the Owner will issue appropriate instructions for a change in the Contract as
provided in GC 6.2 – CHANGE ORDER or GC 6.3 – CHANGE DIRECTIVE.
GC 9.4 CONSTRUCTION SAFETY
9.4.1
Except as provided for in paragraph 2.6.2.2 of GC 2.6 – WORK BY OWNER OR OTHER CONTRACTORS, the
Design-Builder shall assume overall responsibility for:
.1 construction health and safety at the Place of the Work in compliance with the rules, regulations and practices
required by the applicable construction health and safety legislation, and
.2 establishing, initiating, maintaining, and supervising all health and safety precautions and programs in connection
with the performance of the Work.
GC 9.5 MOULD
9.5.1
If the Design-Builder or Owner observes or reasonably suspects the presence of mould at the Place of the Work, the
remediation of which is not expressly part of the Work,
.1 the observing party shall promptly report the circumstances to the other party in writing, and
.2 the Design-Builder shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure
that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the
presence of the mould.
9.5.2
If the Owner and Design-Builder do not agree on the existence, significance or cause of the mould or as to what steps
need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and
make a determination on such matters. The expert’s report shall be delivered to the Owner and Design-Builder.
9.5.3
If the Owner and Design-Builder agree, or if the expert referred to in paragraph 9.5.2 determines that the presence of
mould was caused by the Design-Builder’s operations under the Contract, the Design-Builder shall promptly, at the
Design-Builder’s own expense:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and
.2 make good any damage to the Work, the Owner’s property or property adjacent to the Place of the Work as
provided in paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY, and
.3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.2, and
.4 indemnify the Owner as required by GC 12.2 – INDEMNIFICATION.
9.5.4
If the Owner and Design-Builder agree, or if the expert referred to in paragraph 9.5.2 determines that the presence of
mould was not caused by the Design-Builder’s operations under the Contract, the Owner shall promptly, at the
Owner’s own expense:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and
.2 reimburse the Design-Builder for the cost of taking the steps under paragraph 9.5.1.2 and making good any
damage to the Work as provided in paragraph 9.1.4 of GC 9.1 – PROTECTION OF WORK AND PROPERTY,
and
.3 extend the Contract Time for such reasonable time as agreed between the Design-Builder and the Owner in
consultation with the expert referred to in paragraph 9.5.2 and reimburse the Design-Builder for reasonable costs
incurred as a result of the delay, and
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.4
9.5.5
indemnify the Design-Builder as required by GC 12.2 – INDEMNIFICATION.
If either party does not accept the expert’s finding under paragraph 9.5.2, the disagreement shall be settled in
accordance with Part 8 of the General Conditions – DISPUTE RESOLUTION. If such disagreement is not resolved
promptly, the parties shall act immediately in accordance with the expert’s determination and take the steps required
by paragraphs 9.5.3 or 9.5.4, it being understood that by so doing neither party will jeopardize any claim the party
may have to be reimbursed as provided in paragraphs 9.5.3 or 9.5.4.
PART 10 GOVERNING REGULATIONS
GC 10.1 TAXES AND DUTIES
10.1.1
The Contract Price shall include all taxes and customs duties in effect at the time of the proposal closing or bid
closing except for Value Added Taxes payable by the Owner to the Design-Builder as stipulated in Article A-4 of the
Agreement – CONTRACT PRICE.
10.1.2
Any increase or decrease in costs to the Design-Builder due to changes in such included taxes and duties after the time
of the proposal closing or bid closing shall increase or decrease the Contract Price accordingly, and either party may
submit a claim in accordance with the requirements of GC 6.6 – CLAIMS FOR A CHANCE IN CONTRACT PRICE.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.1
The laws of the Place of the Work shall govern the Design Services and the Work.
10.2.2
The Owner shall obtain and pay for the permanent easements and rights of servitude.
10.2.3
Unless otherwise stated, the Design-Builder shall obtain and pay for the building permit and other permits, licences, or
certificates necessary for the performance of the Work at the time of the proposal closing or bid closing. The
Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement.
10.2.4
The Design-Builder shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes
which are or become in force during the Design Services or the performance of the Work and which relate to the
Design Services or the Work, to the preservation of the public health, and to construction safety.
10.2.5
The Design-Builder shall not be responsible for verifying that the Owner’s Statement of Requirements is in substantial
compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Design Services or the
Work. If after the time of the proposal closing or bid closing, changes are made to the applicable laws, ordinances,
rules, regulations, or codes which require modification to the Contract Documents, the Design-Builder shall advise the
Owner in writing requesting direction immediately upon such variance or change becoming known. Changes shall be
made as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3
– CHANGE DIRECTIVE.
10.2.6
If the Design-Builder fails to advise the Owner in writing and fails to obtain direction as required in paragraph 10.2.5,
and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes, the Design-Builder
shall be responsible for and shall correct the violations thereof, and shall bear the costs, expenses and damages
attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations, or codes.
10.2.7
If, subsequent to the time of proposal closing or bid closing, changes are made to applicable laws, ordinances, rules,
regulations, or codes of authorities having jurisdiction which affect the cost of the Design Services or the Work, either
party may submit a claim in accordance with the requirements of GC 6.6 – CLAIMS FOR A CHANGE IN
CONTRACT PRICE.
GC 10.3 PATENT FEES
10.3.1
The Design-Builder shall pay the royalties and patent licence fees required for the performance of the Contract. The
Design-Builder shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions,
suits, or proceedings arising out of the Design-Builder's performance of the Contract which are attributable to an
infringement or an alleged infringement of a patent of invention by the Design-Builder or anyone for whose acts the
Design-Builder may be liable.
10.3.2
The Owner shall hold the Design-Builder harmless against claims, demands, losses, costs, damages, actions, suits, or
proceedings arising out of the Design-Builder's performance of the Contract which are attributable to an infringement
or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract, the model,
plan or design of which was supplied by the Owner to the Design-Builder as part of the Contract Documents.
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GC 10.4 WORKERS' COMPENSATION
10.4.1
Prior to commencing the Design Services or the Work, again with the Design-Builder’s application for payment of the
holdback amount following Substantial Performance of the Work and again with the Design-Builder’s application for
final payment, the Design-Builder shall provide evidence of compliance with workers’ compensation legislation at the
Place of the Work, including payments due thereunder.
10.4.2
At any time during the term of the Contract, when requested by the Owner, the Design-Builder shall provide such
evidence of compliance by the Design-Builder and Subcontractors.
PART 11 INSURANCE AND CONTRACT SECURITY
GC 11.1 INSURANCE
11.1.1
Without restricting the generality of GC 12.2 – INDEMNIFICATION, the Design-Builder shall provide, maintain and
pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41 – CCDC
INSURANCE REQUIREMENTS in effect at the time of proposal closing or bid closing except as hereinafter
provided:
.1 Everywhere used in CCDC 41 – CCDC INSURANCE REQUIREMENTS, the term “Contractor” shall be
replaced with the term “Design-Builder”.
.2 General liability insurance in the name of the Design-Builder and include, or in the case of a single, blanket
policy, be endorsed to name, the Owner, the Consultant, Other Consultants, the Owner’s Advisor, and the
Payment Certifier as insured but only with respect to liability arising out of the operations of the Design-Builder
with regard to the Design Services or Work. All liability coverage shall be provided for completed operations
hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial
Performance of the Work, on an ongoing basis for a period of 6 years.
.3 Automobile Liability Insurance from the date of commencement of the Design Services or the Work until one
year after the date of Substantial Performance of the Work.
.4 If owned or non-owned aircraft and watercraft are used directly or indirectly in the performance of the Design
Services or Work, Aircraft and Watercraft Liability Insurance from the date of commencement of the Design
Services or Work until one year after the date of Substantial Performance of the Work.
.5 "All risks" property insurance in the joint names of the Design-Builder, the Owner, the Consultant, the Owner’s
Advisor, and the Payment Certifier. The policy shall include as Additional Insureds all Subcontractors. Where
the full insurable value of the Work is substantially less than the Contract Price, the Owner may reduce the
amount of insurance required or waive the insurance requirement. The “all risks” property insurance shall be
provided from the date of commencement of the Work until the earliest of:
(1) 10 calendar days after the date of Substantial Performance of the Work;
(2) on the commencement of use or occupancy of any part or section of Work unless such use or occupancy is
for construction purposes, habitational, office, banking, convenience store under 465 square metres in area,
or parking purposes, or for the installation, testing and commissioning of equipment forming part of the
Work; or
(3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for
more than 30 consecutive calendar days.
.6 Boiler and machinery insurance in the joint names of the Design-Builder and the Owner. The coverage shall be
maintained continuously from commencement of use or operation of the boiler and machinery objects insured by
the policy and until 10 calendar days after the date of Substantial Performance of the Work.
.7 The “all risks” property and boiler and machinery policies shall provide that, in the case of a loss or damage,
payment shall be made to the Owner and the Design-Builder as their respective interests may appear. In the event
of loss or damage:
(1) the Design-Builder shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or
damage payment with the insurers. When the extent of the loss or damage is determined, the Design-Builder
shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party
under the Contract except that the Design-Builder shall be entitled to such reasonable extension of Contract
Time as agreed by the Owner and Design-Builder;
(2) the Design-Builder shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such
amount to be paid as the restoration of the Work proceeds in accordance with the progress payment
provisions of the Contract. In addition the Design-Builder shall be entitled to receive from the payments
made by the insurer the amount of the Design-Builder's interest in the restoration of the Work; and
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CCDC 14 – 2013
.8
.9
(3) to the Work arising from the work of the Owner, the Owner's own forces, or another contractor, in
accordance with the Owner's obligations under the provisions relating to construction by Owner or other
contractors, the Owner shall pay the Design-Builder the cost of restoring the Work as the restoration of the
Work proceeds and as in accordance with the progress payment provisions of the Contract.
Design-Builders' Equipment Insurance from the date of commencement of the Work until one year after the date
of Substantial Performance of the Work.
In addition to the insurance requirements specified in CCDC 41 – CCDC INSURANCE REQUIREMENTS, the
Design-Builder shall carry professional liability insurance with limits of not less than $1,000,000 per claim and
with an aggregate limit of not less than $2,000,000 within any policy year, unless specified otherwise in the
Contract Documents. The policy shall be maintained continuously from the commencement of the Contract until
2 years after Substantial Performance of the Work.
11.1.2
Prior to commencement of the Design Services or Work and upon the placement, renewal, amendment, or extension of
all or any part of the insurance, the Design-Builder shall promptly provide the Owner with confirmation of coverage
and, if required, a true copy of the policies certified by an authorized representative of the insurer together with copies
of any amending endorsements applicable to the Design Services or Work.
11.1.3
The Design-Builder shall be responsible for deductible amounts under the policies except where such amounts may be
excluded from the Design-Builder's responsibility by the terms of GC 9.1 – PROTECTION OF WORK AND
PROPERTY and GC 12.2 – INDEMNIFICATION.
11.1.4
If the Design-Builder fails to provide or maintain insurance as required by the Contract Documents, then the Owner
shall have the right to provide and maintain such insurance and give evidence of same to the Design-Builder and the
Consultant. The Design-Builder shall pay the cost thereof to the Owner on demand or the Owner may deduct the cost
from any amount which is due or may become due to the Design-Builder.
11.1.5
All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place
of the Work.
11.1.6
If a revised version of CCDC 41 – CCDC INSURANCE REQUIREMENTS is published, which specifies reduced
insurance requirements, the parties shall address such reduction, prior to the Design-Builder’s insurance policy
becoming due for renewal, and record any agreement in a Change Order.
11.1.7
If a revised version of CCDC 41 – CCDC INSURANCE REQUIREMENTS is published, which specifies increased
insurance requirements, the Owner may require the increased coverage from the Design-Builder by way of a Change
Order.
11.1.8
A Change Directive shall not be used to direct a change in the insurance requirements in response to any revision of
CCDC 41 – CCDC INSURANCE REQUIREMENTS.
GC 11.2 CONTRACT SECURITY
11.2.1
The Design-Builder shall, prior to commencement of the Design Services or Work or within such other time as may be
specified in the Contract Documents, provide to the Owner any Contract security specified in the Contract
Documents.
11.2.2
If the Contract Documents require surety bonds to be provided, such bonds shall be issued by a duly licensed surety
company authorized to transact the business of suretyship in the province or territory of the Place of the Work and
shall be maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in
accordance with the latest edition of the CCDC approved bond forms.
PART 12 INDEMNIFICATION, LIMITATION OF LIABILITY, WAIVER OF CLAIMS, AND WARRANTY
GC 12.1 DEFINITION AND SURVIVAL
12.1.1
For the purposes of Part 12 – INDEMNIFICATION, LIMITATION OF LIABILITY, WAIVER OF CLAIMS, AND
WARRANTY, “claim” or “claims” shall mean claims, demands, losses, costs, damages, actions, suits or proceedings,
whether in contract or tort.
12.1.2
Part 12 of the General Conditions – INDEMNIFICATION, LIMITATION OF LIABILITY, WAIVER OF CLAIMS,
AND WARRANTY shall survive suspension or termination of the Contract.
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GC 12.2 INDEMNIFICATION
12.2.1
Without restricting the parties’ obligations to indemnify one another as described in paragraph 12.2.4 and the Owner’s
obligation to indemnify as described in paragraph 12.2.5, the Owner and the Design-Builder shall each indemnify and
hold harmless the other from and against all claims, whether in respect to losses suffered by them or in respect to
claims by third parties that arise out of, or are attributable in any respect to their involvement as parties to this
Contract, provided such claims are:
.1 caused by:
(1) errors, omissions, or negligence of the party from whom indemnification is sought or anyone for whom that
party is responsible, or
(2) a breach of this Contract by the party from whom indemnification is sought; and
.2 made by Notice in Writing within a period of 6 years from the date of Substantial Performance of the Work as set
out in the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.4.3 of GC 5.4 –
SUBSTANTIAL PERFORMANCE OF THE WORK or within such shorter period as may be prescribed by any
limitation statute of the province or territory of the Place of the Work.
The parties expressly waive the right to indemnity for claims other than those provided for in this Contract.
12.2.2
The obligation of either party to indemnify as set forth in paragraph 12.2.1 shall be limited as follows:
.1 In respect to losses suffered by the Owner and the Design-Builder for which insurance is to be provided by either
party pursuant to GC 11.1 – INSURANCE, the general liability insurance limit for one occurrence as referred to
in CCDC 41 – CCDC INSURANCE REQUIREMENTS in effect at the time of proposal or bid closing.
.2 In respect to losses suffered by the Owner and the Design-Builder for which insurance is not required to be
provided by either party in accordance with GC 11.1 – INSURANCE, the greater of the Contract Price as
recorded in Article A-4 of the Agreement – CONTRACT PRICE or $2,000,000, but in no event shall the sum be
greater than $20,000,000.
.3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other
claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs
12.2.2.1 and 12.2.2.2 shall apply.
12.2.3
The obligation of either party to indemnify the other as set forth in paragraphs 12.2.1 and 12.2.2 shall be inclusive of
interest and all legal costs.
12.2.4
The Owner and the Design-Builder shall indemnify and hold harmless the other from and against all claims arising out
of their obligations described in GC 9.2 – TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS.
12.2.5
The Owner shall indemnify and hold harmless the Design-Builder from and against all claims:
.1 as described in paragraph 10.3.2 of GC 10.3 – PATENT FEES, and
.2 arising out of the Design-Builder's performance of the Contract which are attributable to a lack of or defect in
title or an alleged lack of or defect in title to the Place of the Work.
12.2.6
In respect to any claim for indemnity or to be held harmless by the Owner or the Design-Builder:
.1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is
based became known; and
.2 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order,
judgment or award made against the party entitled by this Contract to be indemnified, then the indemnifying
party upon assuming all liability for any costs that might result shall have the right to appeal in the name of the
party against whom such final order or judgment has been made until such rights of appeal have been exhausted.
GC 12.3 LIMITATION OF LIABILITY FOR DESIGN SERVICES
12.3.1
Notwithstanding any other provisions of this Contract, the Design-Builder’s liability for claims which the Owner may
have against the Design-Builder, including the Design-Builder’s officers, directors, employees and representatives,
that arise out of, or are related to, the Design Services, shall be limited:
.1 to claims arising from errors, omissions, or negligent performance of the Design Services by the Consultant or
Other Consultant and
.2 where claims are covered by insurance the Design-Builder is obligated to carry pursuant to GC 11.1 –
INSURANCE, to the amount of such insurance.
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GC 12.4 WAIVER OF CLAIMS
12.4.1
Subject to any lien legislation applicable at the Place of the Work, as of the fifth calendar day before the expiry of the
lien period provided by the lien legislation applicable at the Place of the Work, the Design-Builder waives and releases
the Owner from all claims which the Design-Builder has or reasonably ought to have knowledge of that could be
advanced by the Design-Builder against the Owner arising from the Design-Builder’s involvement in the Design
Services or Work, including, without limitation, those arising from negligence or breach of contract in respect to
which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial
Performance of the Work, except as follows:
.1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim
has been received by the Owner from the Design-Builder no later than the sixth calendar day before the expiry of
the lien period provided by the lien legislation applicable at the Place of the Work;
.2 indemnification for claims advanced against the Design-Builder by third parties for which a right of
indemnification may be asserted by the Design-Builder against the Owner pursuant to the provisions of this
Contract;
.3 claims for which a right of indemnity could be asserted by the Design-Builder pursuant to the provisions of
paragraphs 12.2.4 or 12.2.5 of GC 12.2 – INDEMNIFICATION; and
.4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work.
12.4.2
The Design-Builder waives and releases the Owner from all claims referenced in paragraph 12.4.1.4 except for those
referred in paragraphs 12.4.1.2 and 12.4.1.3 and claims for which Notice in Writing of claim has been received by the
Owner from the Design-Builder within 395 calendar days following the date of Substantial Performance of the Work.
12.4.3
Subject to any lien legislation applicable at the Place of the Work, as of the fifth calendar day before the expiry of the
lien period provided by the lien legislation applicable at the Place of the Work, the Owner waives and releases the
Design-Builder from all claims which the Owner has or reasonably ought to have knowledge of that could be
advanced by the Owner against the Design-Builder arising from the Owner’s involvement in the Design Services or
Work, including, without limitation, those arising from negligence or breach of contract in respect to which the cause
of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the
Work, except as follows:
.1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim
has been received by the Design-Builder from the Owner no later than the sixth calendar day before the expiry of
the lien period provided by the lien legislation applicable at the Place of the Work;
.2 indemnification for claims advanced against the Owner by third parties for which a right of indemnification may
be asserted by the Owner against the Design-Builder pursuant to the provisions of this Contract;
.3 claims for which a right of indemnity could be asserted by the Owner against the Design-Builder pursuant to the
provisions of paragraph 12.2.4 of GC 12.2 – INDEMNIFICATION;
.4 damages arising from the Design-Builder’s actions which result in substantial defects or deficiencies in the Work.
“Substantial defects or deficiencies” mean those defects or deficiencies in the Work which affect the Work to such
an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by
the Contract Documents;
.5 claims arising pursuant to GC 12.5 – WARRANTY; and
.6 claims arising from acts or omissions which occur after the date of Substantial Performance of the Work.
12.4.4
The Owner waives and releases the Design-Builder from all claims referred to in paragraph 12.4.3.4 except claims for
which Notice in Writing of claim has been received by the Design-Builder from the Owner within a period of six years
from the date of Substantial Performance of the Work should any limitation statute of the Province or Territory of the
Place of the Work permit such agreement. If the applicable limitation statute does not permit such agreement, within
such shorter period as may be prescribed by:
.1 any limitation statute of the Province or Territory of the Place of the Work; or
.2 if the Place of the Work is the Province of Quebec, then Article 2118 of the Civil Code of Quebec.
12.4.5
The Owner waives and releases the Design-Builder from all claims referenced in paragraph 12.4.3.6 except for those
referred in paragraph 12.4.3.2, 12.4.3.3 and those arising under GC 12.5 – WARRANTY and claims for which Notice
in Writing has been received by the Design-Builder from the Owner within 395 calendar days following the date of
Substantial Performance of the Work.
12.4.6
“Notice in Writing of claim” as provided for in GC 12.4 – WAIVER OF CLAIMS to preserve a claim or right of
action which would otherwise, by the provisions of GC 12.4 – WAIVER OF CLAIMS, be deemed to be waived, must
include the following:
.1 a clear and unequivocal statement of the intention to claim;
CCDC 14 – 2013
31
.2
.3
a statement as to the nature of the claim and the grounds upon which the claim is based; and
a statement of the estimated quantum of the claim.
12.4.7
The party giving “Notice in Writing of claim” as provided for in GC 12.4 – WAIVER OF CLAIMS shall submit
within a reasonable time a detailed account of the amount claimed.
12.4.8
Where the event or series of events giving rise to a claim made under paragraphs 12.4.1 or 12.4.3 has a continuing
effect, the detailed account submitted under paragraph 12.4.7 shall be considered to be an interim account and the
party making the claim shall submit further interim accounts, at reasonable intervals, giving the accumulated amount
of the claim and any further grounds upon which it is based. The party making the claim shall submit a final account
after the end of the effects resulting from the event or series of events.
12.4.9
If a Notice in Writing of claim pursuant to paragraph 12.4.1.1 is received on the seventh or sixth calendar day before
the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within
which Notice in Writing of claim is received pursuant to paragraph 12.4.3.1 shall be extended to two calendar days
before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work.
12.4.10 If a Notice in Writing of claim pursuant to paragraph 12.4.3.1 is received on the seventh or sixth calendar day before
the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within
which Notice in Writing of claim is received pursuant to paragraph 12.4.1.1 shall be extended to two calendar days
before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work.
GC 12.5 WARRANTY
12.5.1
Except for extended warranties as described in paragraph 12.5.6, the warranty period under the Contract is one year
from the date of Substantial Performance of the Work.
12.5.2
The Design-Builder warrants that the Work is in accordance with the Contract Documents.
12.5.3
The Owner shall promptly give the Design-Builder Notice in Writing of observed defects and deficiencies which occur
during the one year warranty period.
12.5.4
The Design-Builder shall promptly correct, at the Design-Builder's expense, any work which is not in accordance with
the Contract Documents or defects or deficiencies in the Work which appear at any time until the end of the warranty
periods specified in the Contract Documents.
12.5.5
The Design-Builder shall correct or pay for damage resulting from corrections made under the requirements of
paragraph 12.5.4.
12.5.6
Any extended warranties required beyond the one year warranty period as described in paragraph 12.5.1, shall be as
specified in the Contract Documents. Extended warranties shall be issued by the warrantor for the benefit of the
Owner. The Design-Builder’s responsibility with respect to extended warranties shall be limited to obtaining any such
extended warranties from the warrantor. The obligations under such extended warranties are solely the
responsibilities of the warrantor.
12.5.7
The Design-Builder does not warrant against the effects of corrosion, erosion or wear and tear of any Product or
failure of any Product due to faulty operations or maintenance by the Owner or conditions of operation more severe
than those specified for the Product.
12.5.8
The warranties specified in GC 12.5 – WARRANTY or elsewhere in the Contract Documents are the only warranties
of the Design-Builder applicable to the Work and no other warranties, statutory or otherwise, are implied.
32
CCDC 14 – 2013
Delaware Lions Park
SECTION C
April 2, 2015
SGC1
Delaware Lions Park
SECTION C
The Canadian Construction Documents Committee CCDC-14 (2013) Design-Build Stipulated Sum
Contract – Standard Construction Document is modified as follows:
Refer to DEFINITIONS OF THE DESIGN-BUILD STIPULATED PRICE CONTRACT
Add the following definitions:
.24
Addendum
"Addendum" means an addition to or a change in the Contract Documents
that is issued by the Owner’s Consultant prior to the tender closing.
.25
Final Acceptance
a) In addition to all other prior requirements, Final Acceptance will not occur
until the Work has passed all inspections and testing requirements.
.26
Total Performance of the Work
Total Performance of the Work means when the entire Work, except those items arising
from the provisions of GC12.5 – WARRANTY, has been performed to the requirements of
the Contract Documents and is so certified by the Owner’s Consultant.
In addition to all prior requirements, Total Performance will not occur until the Work
has passed all inspections and testing requirements.
Modify the following Definitions:
The definition of "Sub-contractor" is modified as follows: Add at the end of this definition:
"which has been approved by the Owner’s Consultant.”
The definition of "Substantial Performance of the Work" is deleted and replaced by the
following:
01)
The Work is substantially performed:
SGC2
1) when the Work, or a substantial part thereof has been accepted (by the
Owner’s Consultant) and testing and is ready for use or is being used for the
intended purposes as certified by the Owner’s Consultant.
2) when the work to be performed under the Contract is capable of completion
or, where there is a known defect, correction is a cost of not more than
02)
i)
3% of the first $500,000 of the Contract price,
ii)
2% of the next $500,000 of the Contract price, and
iii)
1% of the balance of the Contract price
For the purposes of this Contract, where the Work or a substantial part thereof is
ready for use or is being used for the purposes intended and the remainder of the
Work cannot be completed expeditiously for reasons beyond the control of the
Design-Builder, or where the Owner and the Design-Builder agree not to complete
the Work expeditiously, the price of the services or materials remaining to be
supplied and required to complete the work shall be deducted from the Contract
price in determining substantial performance.
SECTION GC 1.1
CONTRACT DOCUMENTS
Subsection GC 1.1.6 is deleted, and replaced by the following:
GC 1.1.6
In the event of conflicts between the Contract Documents, the following shall
apply:
(a)
Constructed works take precedence over drawing dimensions and
details. Prior to fabrication of any item dependent upon accurate
dimensions or details of the constructed works, the Design-Builder shall
take field measurements of such constructed works;
(b)
figured dimensions shown on a drawing shall govern even though they
may differ from dimensions scaled on the same drawing;
(c)
drawings of a later date shall govern over those of an earlier date;
(d)
detailed drawings shall govern over general drawings;
(e)
specifications shall govern over drawings;
(f)
The Supplementary General Conditions shall govern over the General
Conditions; and
(g)
the executed agreement between the Owner and Design-Builder shall
govern over all documents.
Notwithstanding the foregoing, documents of later date shall always govern.
SGC3
SECTION GC1.4 ASSIGNMENT
Subsection GC1.4 is amended by the addition of the following paragraph:
No assignment of this Contract in whole or in part shall be valid unless it shall contain a provision
that the funds to be paid to the assignee under the assignment are subject to the prior lien for
services rendered or material supplied for the performance of the work called for in the
Contract in favour of persons, firms, or University’s rendering such services or supplying such
materials.
SECTION GC3.1
CONTROL OF THE DESIGN SERVICES AND WORK
Section GC3.1 is amended by adding the following sections
GC3.1.15
The Design-Builder shall commence the Work within 7 days after receiving
Notice from the Owner’s Consultant. The Design-Builder will not commence the
work until the Contract has been officially accepted by the University, the
Insurance Certificates and the Labour and Materials Payment Bonds and the
Performance Bonds are satisfactory to the University, and the Design-Builder has
received Notice from the Owner’s Consultant to commence the Work.
GC3.1.16
The Design-Builder shall provide for efficient drainage of all sections of the Work
during all stages of construction at his own expense. The Design-Builder will be
held responsible for all damage which may be caused through his failure to
provide proper drainage facilities. The Design-Builder shall restore any existing
drainage works which are disturbed as a result of his construction activities.
GC3.1.17
In order to assist the University in inspecting the progress of the work, the DesignBuilder shall prepare a Schedule of Work prior to starting the Contract and shall
revise the schedule weekly for any changes throughout the Contract.
GC3.1.18
The Design-Builder shall be responsible for all layout and survey work required to
complete the Work, using the benchmarks and baselines indicated on the
drawings.
GC3.1.19
The Design-Builder shall be responsible for the preservation of all property bars
while the Work is in progress, except those property bars which must be
removed to facilitate the Work. Any property bars disturbed, damaged or
removed by the Design-Builders operations shall be replaced under the
supervision of an Ontario Land Surveyor, at no extra cost to the Owner
GC3.1.20
The Design-Builder will be held responsible for the preservation of all stakes and
marks in their proper positions and, where any of them are disturbed, lost or
destroyed, it shall at once notify the Owner’s Consultant in writing, and all
expenses incurred in replacing such stakes or marks will be billed against the
Design-Builder and, if not paid by the Design-Builder, will be deducted from any
monies due the Design-Builder under the Contract.
Should the Design-Builder discover or suspect any errors in stakes, lines, and
grades which have been established for its use, the Design-Builder shall at once
discontinue the work until such suspicions are investigated and any errors or
misunderstanding rectified, but no claims shall be made or allowed on this
account, or because of any resulting delay.
SGC4
The Design-Builder shall assume full responsibility for alignment, elevations, and
dimensions of each and all parts of the Work, regardless of whether the DesignBuilder’s layout work has been checked by the Owner’s Consultant.
The Design-Builder shall furnish the Owner’s Consultant or any of his assistants
with all reasonable help which may be required at any time in checking the
layout of the Work. The Design-Builder will receive no additional compensation
for this.
GENERAL CONDITIONS, PART 5, PAYMENT
Section GC5.2.1 is deleted, and replaced with the following:
GC5.2.1
Application for payment on account as provided in Article A-5 of the
Agreement – PAYMENT may be made monthly as the Work progresses, and in
accordance with subsections GC5.2.1.1 to GC5.2.1.3 which follow:
GC5.2.1.1
Notwithstanding Paragraph GC5.2.7 the Owner may withhold any or all
payments to the Design-Builder or portions thereof in circumstances where the
Design-Builder is considered by the Owner or Owner’s Consultant to be
unreasonably in default of specified times for completion of the Work.
GC5.2.1.2
The Design-Builder shall furnish the Owner’s Consultant with satisfactory
evidence in the form of a W.S.I.B. Certificate of Clearance that he has made
suitable provision for meeting any liability under the Worker's Safety & Insurance
Board Act of Ontario, prior to the release of any monthly progress payment.
GC5.2.1.3
The Design-Builder shall furnish the Owner’s Consultant with a Statutory
Declaration that all liabilities incurred by the Design-Builder and its SubContractors in carrying out the Contract have been discharged and that all
liens in respect of the Contract have expired or have been satisfied, discharged
or provided for by payment. The Statutory Declaration shall be provided prior to
all monthly progress payments except the first one.
SECTION GC5.3
PROGRESS PAYMENT
GC5.3.2 is amended by the addition of the following paragraphs:
a) The Design-Builder shall furnish satisfactory evidence in the form of a W.S.I.B. Certificate of
Clearance that he has made suitable provision for meeting any liability under The Worker's Safety
& Insurance Board Act of Ontario, prior to the release of any monthly progress payment.
b) The Design-Builder shall furnish a Statutory Declaration that all liabilities incurred by the DesignBuilder and its Sub-contractors in carrying out the Contract have been discharged and that all
liens in respect of the Contract have expired or have been satisfied, discharged or provided for
by payment. The Statutory Declaration shall be provided prior to all monthly progress payments
except the first one.
SECTION GC6.5
Delays
Section GC6.5 is amended by the addition of the following:
SGC5
GC6.5.6
If the Design-Builder is delayed in the performance of the Work by:
a) abnormal inclement weather; or
b) archaeological finds;
then the Design-Builder shall not be reimbursed by the Owner for any costs
incurred by the Design-Builder as the result of such delay. Any delay in the
performance of the work shall be considered for the extension of Contract
Time only.
In the case of an application for an extension due to abnormal inclement
weather, the Design-Builder shall, with the Design-Builder’s application,
submit evidence from Environment Canada in support of such application.
Extension of Contract Time will be granted in accordance with subsection
GC6.5.3.
GC6.5.7
If the Design-Builder’s operations expose any items which may indicate an
archaeological find, such as building remains, hardware, accumulations of
bones, pottery, or arrowheads:
a) The Design-Builder shall immediately notify the Owner’s Consultant and
suspend operations within the area identified by the Owner’s Consultant.
Work shall remain suspended within that area until otherwise directed by the
Owner’s Consultant in writing.
b) Any delay in the completion date of the Contract that is caused by such a
cessation of construction operations will be considered to be beyond the
Design-Builder’s control in accordance with of Subsection GC6.5.3
c) Any additional work directed or authorised by the Owner’s Consultant with
regard to an archaeological find will be considered as Extra Work in
accordance with Section GC6.5.3.
GC6.5.8
The Design-Builder shall not have any claims for compensation or damages
against the University for any stoppage or delay from any cause whatever,
whether such stoppage or delay shall be caused by or result from the action or
neglect of any other Contractor, or shall be caused by or result from the work
being taken out of the hands of the Design-Builder, or any other Contractor, by
the University under the provisions of this Contract made with such other
Contractor.
GC6.5.9
The Owner is not liable to pay Standby Time for any labour or equipment rental
under this Contract.
GC6.5.10
Time shall be strictly of the essence of this Contract.
GC6.5.11
The Design-Builder shall complete this Contract in its entirety by the completion
date specified in the Agreement.
SGC6
If the time limit specified is not sufficient to permit completion of the Work by the
Design-Builder working a normal number of hours each day or week on a single
daylight shift basis, it is expected that additional and/or augmented daylight
shifts will be required throughout the life of the Contract to the extent deemed
necessary by the Design-Builder to ensure that the Work will be completed within
the time limit specified.
GC6.5.12
An extension of time may be granted in writing by the Owner’s Consultant in his
sole discretion in the event of the Work being delayed beyond the prescribed
time for completion. Such extension shall be for such time as the Owner’s
Consultant may prescribe and the Owner’s Consultant shall fix the terms on
which such an extension may be granted. An application for an extension of
time shall be made in writing by the Design-Builder to the Owner at least 60 days
prior to the date of completion fixed by the Contract. The date of expiry of all
Bonds and other Surety furnished to the Owner by the Design-Builder shall be
extended at the expense of the Design-Builder.
GC6.5.13
Any extension of time that may be granted to the Design-Builder shall be so
granted and accepted without prejudice to any rights of the Owner
whatsoever under this Contract and all of such rights shall continue in full force
and effect after the time limited in this Contract for completion of the work and
whenever in this Contract, power or authority is given to the Owner or the
Owner’s Consultant or any person to take any action consequent upon the act,
default, neglect, delay, breach, non-observance or non-performance by the
Design-Builder in respect of the Work or Contract of any portion thereof, such
powers or authorities may be exercised from time to time, and not only in the
event of the happening of such contingencies before the time limited in this
Contract for the completion of the Work but also in the event of the same
happening after the time so limited in the case of the Design-Builder being
permitted to proceed with the execution of the Work under an extension of time
granted by the Owner. In the event of the Owner granting an extension of time,
time shall continue to be deemed strictly of the essence of this Contract.
GC6.5.14
Liquidated Damages
It is agreed by the Parties to the Contract that, in case all the Work called for
under the Contract is not finished by the completion date specified in the
Agreement or as amended by the Owner’s Consultant, damage will be
sustained by the Owner, and that it is and will be impracticable and extremely
difficult to ascertain and determine the actual damage which the Owner will
sustain in the event of and by reason of such delay and the Parties therefore
agree that the Design-Builder will pay to the Owner the sum of $1000.00 per day
for Liquidated Damages for each and every calendar day's delay in completing
the Work beyond the date of completion prescribed and it is agreed that
amount is an estimate of actual damage to the Owner which will accrue during
the period in excess of the prescribed date of completion.
The Owner may deduct any amount under this paragraph from any monies that
may be due or payable to the Design-Builder on any account whatsoever. The
Liquidated Damages payable under this paragraph are in addition to and
without prejudice to any other remedy, action or other alternatives that may be
available to the Owner.
SGC7
GC6.5.15
The Design-Builder shall not be assessed with Liquidated Damages for any delay
caused by Acts of God, or of the Public Enemy, Act of the University, the
Owner’s Consultant, or of any Foreign State, Fire, Epidemics, Quarantine
Restrictions, Embargoes, or Delays of Sub-Contractors due to such causes. If the
Contractor is delayed by reason of alterations or changes made under
GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT, PART 6, GC6.1
CHANGES, the time of completion shall be extended as determined by the
Owner’s Consultant in his sole discretion.
SECTION GC 7.1 - OWNER’S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT
Section GC7.1 is amended by the addition of the following paragraphs:
GC7.1.7
The Owner’s Consultant may stop any portion of the Work, if in his judgement the
weather is such as to prevent the Work being properly done. No compensation
of any kind will be made for such stoppage except an extension of time for the
completion of the Work as provided in GC6.5.3.
GC7.1.8
The Design-Builder shall, upon written notice from the Owner’s Consultant,
discontinue or delay any or all Work of base, foundation, or paving or product
installation if, in the opinion of the Owner’s Consultant, the foundation is not
sufficiently compacted or settled for surfacing of the Work in question, and the
Work shall not be resumed until the Owner’s Consultant shall in writing so direct,
and the Design-Builder shall not be entitled to any compensation for such
stoppage or delay to the Work, other than an extension of time.
SECTION GC9.1 - PROTECTION OF WORK AND PROPERTY
Section GC9.1 is amended by the addition of the following subsections:
GC9.1.5
When carrying out excavation work, the Design-Builder may encounter such
underground utilities as sewers, gas mains, telephone cables, power cables and
watermains. The Design-Builder shall be fully responsible for any breakage or
damage to such utilities, and the Design-Builder shall pay the full cost of
repairing such damages and making good any losses or damages which are
caused as a result of his operation in carrying out this Contract.
GC9.1.6
It shall be the Design-Builder’s responsibility to obtain written permission and
to make any required arrangements with the Owners of any adjacent
properties which the Design-Builder may encroach.
GC9.1.7
The Design-Builder shall furnish and bear the cost of any watchman he may
require for protection to perform this Contract except as provided in
paragraph GC10.2.6
GC9.1.8
The Design-Builder shall protect and be fully responsible for any overhead utilities
or appurtenances associated with the execution of the Work. Any damage to
overhead equipment shall be repaired at the expense of the Design-Builder.
SGC8
SECTION GC11.1 - INSURANCE
Section GC11.2 in amended as follows:
Amend all clauses/paragraphs of Section GC11.1 to provide a minimum limit of not less than five
million dollars ($5,000,000.00) per occurrence. All forms of insurance to be endorsed to provide
the owner with not less than thirty (30) days written notice in advance of any cancellation,
change or amendment restriction coverage. Prior to the commencement of any work under this
Contract the Design-Builder shall file with the University Certificates evidencing full compliance
with the above clauses, in accordance with the prescribed Certificate which is located after the
"Tender Form" in the documents.
Subsection GC11.1.1.1 is replaced by the following:
11.1.1.1
General Liability Insurance:
The Contractor shall obtain and maintain Comprehensive General Liability Insurance
against Bodily Injury and Property Damage claims with respect to all work to be
performed under this Contract. Such Insurance shall:
a) be in the joint names of the Design-Builder, Brock University, Consultant, and all
sub-Contractors of the above employed directly or indirectly in the work to be
performed;
b) contain a Cross Liability Clause;
c) include coverage for:
i)
ii)
iii)
iv)
v)
vi)
Completed Operations, which coverage shall be maintained
continuously in force for a period of not less than 24 months from the
date of the Certificate of Total Performance of the Work, and
thereafter to be maintained for a further period of four (4) years;
Blanket Contractual Liability;
Contingent Employers Liability;
Non-owned Automobile Liability;
Broad Form Property Liability;
Excavation;
d) where applicable, include coverage for:
i)
ii)
iii)
iv)
v)
vi)
Underpinning, shoring
Demolition
Building raising or moving
Blasting or the Use of Explosives
Tunnelling
Pile driving, caisson work
e) Five-million dollars ($5,000,000.00) inclusive per occurrence.
Subsection GC11.1.5 Property and Boiler and Machinery Insurance is amended by the addition of the
following paragraph:
(7)
Property and Boiler insurance is required only if the Contract includes the construction of,
or alterations to, a bridge, dam, culvert or building.
SGC9
Subsection GC11.1.9 is added as follows:
a) It shall be the duty of the Design-Builder to fully comply with the terms and conditions of
the Liability Insurance coverage, including, without limiting the generality of the
foregoing, the requirement to promptly report claims to the Insurer.
b) The Design-Builder shall also promptly notify the Owner’s Consultant of all such claims in
writing.
c) If a claim is settled, the Design-Builder shall thereupon provide the Owner’s Consultant
with a copy of the Claimant's Release.
d) If a claim is rejected, the Owner’s Consultant shall be notified at the time of rejection.
e) The Owner’s Consultant shall be provided full information as to such claims at all times as
the Owner’s Consultant may require and in any event should 30 days elapse after the
claim has been received by the Design-Builder and the Design-Builder is not able to
report settlement or rejection of the claim, the Design-Builder will provide a full report to
the Owner’s Consultant as to the status of and steps being taken with respect to the
claim.
Delaware Lions Park
SECTION D
Special Project Requirements
Section 01 00 20
Delaware Lions Park – Prefabricated Skatepark
Page 1
PART ONE - GENERAL
1.1 Related Work
.1 Section 01 11 00 General Requirements.
.2 Section 01 74 11 Cleaning.
.3 The requirements of this Section apply to all other Sections of the
specifications.
1.2 Preconstruction Survey
.1 Prior to commencing work, complete a survey of existing conditions
within work area(s) and along path of travel for goods to be
delivered and removed from the site.
.2 Owner will accompany Contractor on inventory tour.
mutually agreeable time for survey.
Arrange
.3 Inventory all existing damage, accurately recording all observed
conditions.
Use photographs, written records, spreadsheets
videography, etc. to fully document existing conditions, noting
existing damage in sufficient detail to act as record of conditions.
.4 Within 2 business days of inventory, and prior to commencing
demolition or construction, provide each of Owner and Owner’s
Consultant with copy of inventory records. Identify photographs
using numbers and detailed descriptions of observed damage.
.5 Owner will review submission. Revise and resubmit rejected
inventory. Demolition and/or construction may only commence
after acceptance by Owner of inventory records.
.6 Repair and make good any damage found subsequent to
submission of inventory, which in the opinion of the Owner’s
Consultant is the result of the Work, and which is not documented in
the inventory submitted to the Owner and Owner’s Consultant.
Repairs shall return damaged elements to their condition prior to
start of work. Where work increases extent of existing damage,
repair shall return element to match previous damaged condition.
.7 Where repairs cannot, in the opinion of the Owner’s Consultant, be
expediently implemented, the Owner’s Consultant shall ascertain the
value to be deducted from the amounts due the Contractor in the
manner permitted under CCDC-14:2013.
***********************END***********************
Stantec Consulting Ltd.
Utility and Building System Service Interruptions Section 01 00 60
Page 1
PART ONE – GENERAL
1.1 Related Sections
.2 Section 01 51 00 Temporary Utilities.
specifications.
1.2 Owner's Use Of
Premises
.1 Take all measures necessary and as directed by the Owner to
minimize disruption of facilities and their use by the Owner. Facilities
generally include buildings, roads, parking lots, landscaped areas
and all spaces normally occupied by the Owner.
.2 Take all measures necessary and as directed by the Owner to
minimize disruption of adjacent facilities and areas of the Owner’s
property, and use by the Owner.
.3 Work carried out during Owner’s standard operating hours shall not
adversely affect the Owner’s ongoing use and occupancy of
adjacent buildings or facilities, otherwise work shall be carried out
after regular working hours, on weekends and statutory holidays.
Schedule work with the Owner to minimize disruption to Owner’s
operations. Contract Price includes all necessary overtime premium
costs and cost to work statutory holidays, to ensure orderly
progression of work and continuous operation of the Owner’s
facilities.
1.3 System Shutdown
Requirements:
Owner’s Systems
.1 Arrangements for shut down of Owner’s utility and building systems
(interruption of service) will be mutually arranged between the
Owner and the Contractor. No shutdown to occur without the prior
written consent of the Owner. Provide minimum 4 full working days
advance notice of any required shutdown of an Owner’s system,
either in whole or in part.
.2 Where length of service shutdown will exceed 12 hours, provide
minimum 7 full working days advance notice of shutdown.
.3 Schedule service shutdowns to occur outside Owner’s regular
operating hours, unless otherwise agreed.
.4 Provide detailed schedule of operations for shutdown.
.5 Obtain Owner’s acceptance of proposed shutdown.
.6 Unless otherwise agreed or as required by Contract Time, attempt to
schedule all other shutdowns to occur during this period.
Section 01 00 60
Page 2
Utility and Building System Service Interruptions
.7 Take all measures to minimize period of shutdown/interruption of
service.
.8 Systems that may require shutdown include, but are not limited to:
Roads, parking lots and walkways.
.9 The Contractor is responsible for providing qualified personnel to
implement shutdown and re-activation of services. The Owner
reserves the right to attend and monitor the shutdown and reactivation to assess effects on remainder of property and physical
plant.
.10 The Owner reserves the right to shutdown and re-activate Owner’s
utilities and/or services under the Contractor’s direction, where the
utility and/or service affects buildings or parts thereof outside the
Contractor’s work area and in the Owner’s opinion there is a
significant concern of adverse impacts outside the work area arising
from the shutdown and re-activation. Where Owner elects to
implement shutdown and re-activation, Contractor shall have
qualified personnel attend and direct the shutdown and reactivation process.
1.4 System Shutdown
Requirements:
Municipal Utility
System
.1 Provide Owner with minimum 5 full working days advance notice of
any required shutdown of municipal utility, either in whole or in part.
.2 Where length of service shutdown will exceed 12 hours, provide not
less than 7 full working days advance notice of shutdown.
.3 In general, schedule service shutdowns to occur outside Owner’s
regular operating hours.
.4 Provide detailed written schedule of operations for shutdown.
.5 Obtain Owner’s written acceptance of proposed shutdown.
.6 Take all measures to minimize period of shutdown/interruption of
service.
1.5 Safety
.1 Provide all necessary safety measures resulting from or required by
shutdown of utility or service.
.2 Advise Owner of any safety precautions required of Owner during
system shutdown. Such measures may include, with Owner’s prior
consent, rescheduling uses, cancellation of uses, etc.
***************************END***************************
General Requirements
Section 01 11 00
Page 1
1.1 Summary of Work
.1 Without limiting the scope of work, the Contract includes all
products, labour, equipment, materials and temporary facilities as
required or implied by the specifications to complete the Work,
complete with all necessary incidentals.
.2 The Work site is located at the Delaware Lions Park, adjacent to the
intersection of York Street and Mill Creek Lane in Delaware, ON. The
work will include, but is not limited to, the supply of all products,
labour, equipment and materials to remove the existing artificial turf
field and infill, restore and fine grade the granular base, and supply
and install a new artificial turf field system.
.1 CCDC-14:2013 General Conditions.
specifications.
1.3 Specification Format
.1 Specifications are not intended as a detailed description of
installation methods but serve to indicate particular requirements to
insure the performance of the completed work.
.2 Material shown or specified on Drawings or in Specifications, unless
otherwise specified, shall conform to standards designated in
Ontario Building Code. Similarly, unless otherwise specified,
installation methods and standards of workmanship shall also
conform to standards required by Ontario Building Code.
.3 Parts of specification are written in short form, therefore it is
understood that where a component of Work is stated in heading
followed by a material or operation, "shall be", "shall consist of" or
similar words or phrases are implied which denote complete supply
and installation of such material or operations for component of
work designated by heading.
.4 Division One of the specifications shall be read into and form part of
each Section of the Specifications.
.5 The Contract Documents are to be interpreted as a whole, although
they are arranged in divisions and sections for convenience and
clarity. The Contractor is responsible for all the work, regardless of
the division of the work in the Contract Documents, and such
division does not impose any obligation on the Owner’s Consultant
or upon the Owner as arbiters to establish limits or responsibility
between the Contractor and the Subcontractors.
1.4 Quality of Work
.1 Work shall be of the best quality, executed by workers experienced
and skilled in the respective duties for which they are employed.
Section 01 11 00
Page 2
Immediately notify the Owner’s Consultant if required work is such as
to make it impractical to produce required results.
.2 Do not employ any unfit persons or anyone unskilled in their required
duties.
.3 Decisions as to the quality or fitness of workmanship in cases of
dispute rest solely with the Owner’s Consultant, whose decision is
final.
.4 All contractor personnel are restricted to the job site and necessary
access routes. No personnel shall visit other areas or buildings
without specific authorization.
1.5 Allowances
1.6 Existing Conditions
1.7 Site Examination
.1 Not used.
.1 The Contractor remains solely liable for site verification of conditions.
.1 Contractor warrants that:
.1 the Contractor has visited and assessed the site prior to
submitting a bid;
.2 that the Contractor and the subcontractors are familiar with
all matters discussed at any bidder’s site briefing, and;
.3 the Contractor and the subcontractors are familiar with all
visible, known or reasonably inferable site conditions.
.2 No claims for extra payment will be allowed for extra work made
necessary or difficulties encountered due to conditions of the site
which were visible upon or reasonably inferable from an
examination of the site, and the Contract Documents prior to the
closing of the bids. Execution of the form of Contract shall be
deemed a waiver of all claims for extra payment due to any visible
or reasonably inferable condition of the site existing prior to the
closing of bids.
1.8 Owner's Use Of
Premises
.1 Adjacent buildings and facilities may be occupied for Owner’s uses
and activities. Take all measures necessary and as directed by the
Owner to minimize disruption of the site.
.2 Work carried out during Owner’s standard operating hours shall not
adversely affect the site or adjacent buildings or facilities, otherwise
work shall be carried out after hours, on weekends and holidays.
Schedule work with the Owner to minimize disruption to Owner’s
operations. Contract Price includes all necessary overtime premium
costs and cost to work statutory holidays, to ensure orderly
progression of work and continuous operation of the Owner’s
facilities.
Section 01 11 00
Page 3
1.9 Restrictions on
.1 Contractor personnel are restricted to the job site and necessary
access routes. No personnel shall visit other areas or buildings
Contractor Movement
without prior authorization. The extent of the work site shall be
confined to the areas in which work is occurring and access routes
to those areas.
.2 Failure to adhere to this condition shall result in the immediate
dismissal of personnel from the Work site.
1.10 Safety
.1 Contractor’s current health and safety statement and policy shall
be filed with the Owner prior to start of work, for the Owner’s
information only.
.2 The health and safety statement and policy shall include:
.1 Current Material Safety Data Sheets for the products to be used.
.2 Provisions for safety including the use of continuous snow
fencing in lieu of barricades or caution tape.
.3 Signage to indicate DANGER ZONES, CLOSURES, DETOURS, ETC.
.4 Set-up locations and procedures.
.5 Material storage and handling.
.6 Fire protection.
.7 Debris handling, storage, disposal and clean-up.
.8 Personnel safety required by the regulations including roof
barriers, travel restraint systems and fall arrest systems.
.9 Other measures pertinent to the Work.
.3 Owner’s receipt of such policy is not approval of completeness and
accuracy of policy, nor confirmation of compliance with applicable
legislation. The Owner shall in no way be held liable for contents or
enforcement of the Contractor’s health and safety statement and
policy, or the Contractor’s detailed health and safety procedures.
Owner’s comments, or lack thereof, shall not be construed as
approval of the Contractor’s health and safety practices.
.4 Observe and enforce construction safety measures required by
Ontario Building Code, Canadian Construction Safety Code 1977,
Occupational
Health and Safety Act 1980 and all latest
amendments including the Regulations for Construction Projects, ,
Ontario Regulations 413/90 and all latest amendments, Workers'
Compensation Board and municipal statutes and authorities.
.6 In the event of conflict between provisions of above authorities the
most stringent provision applies.
.7 The General Contractor shall be designated the "Constructor", as
defined by the Occupational Health and Safety Act.
All
Contractors on the Work site shall consider themselves as
"employers" as defined by the Occupational Health and Safety Act.
Section 01 11 00
Page 4
.8 Do not permit any work on site which may be hazardous or harmful
to users of adjacent buildings or facilities. All such work must be
scheduled for times the existing building will be unoccupied. Such
work will include, but not be limited to, the rise of toxic solvents or
adhesives, the rise of carbon monoxide or carbon dioxide fumes
generated by fuel-fired equipment, etc.
.9 Contractor is solely liable for construction safety and for compliance
with applicable legislation.
.10 Contractor will review pertinent site safety parameters and
procedures with all site visitors prior to commencement of work and
at any other time it is necessary. This will include review of the
location of communication and first aid equipment.
.11 Provide a copy of the project registration filed with a Director under
the Occupational Health and Safety Act (Ontario) called
"Registration Forms of Construction and Employers of Workers"
.12 Where legislation requires a joint health and safety committee,
provide minutes of the committee’s meetings to the Owner for the
Owner’s information.
.13 Provide Owner and Owner’s Consultant with a copy of Ministry of
Labour inspection report and any orders arising within 24 hours of
receiving report, for Owner’s information.
.14 Correct all safety deficiencies immediately.
.15 Accidents
.1 In addition to requirements of applicable legislation, in any
emergency requiring the use of a resuscitator, the Owner shall
be notified.
.2 Make arrangements for emergency treatment of accidents.
.3 Provide Owner and Owner’s Consultant with a copy of WSIB
injury report for all reportable accidents and injuries, for
information purposes, within 24 hours of incident.
.16 Indemnify and hold harmless the Owner and Owner’s Consultant of
any and all liability of every nature and description that may be
suffered through bodily injuries, involving deaths of any persons, by
reasons of negligence of the contractor, his agents, employees, or
his sub-contractors.
1.11 Project Coordination
.1 Coordinate progress of the Work, progress schedules, submittals, use
of site, temporary utilities, and construction facilities during the Work.
.2 Assume full responsibility for, and execute complete layout of work
Section 01 11 00
Page 5
to locations, lines and elevations indicated.
.3 Provide devices needed to lay out and construct work.
.4 Supply such devices as straight edges and templates required to
facilitate the Owner’s Consultant's review of work.
.5 Each trade shall examine the work upon which the trade or
specification Section depends. Have all defects and deficiencies
corrected prior to proceeding with work. The application of work or
any part of it shall be deemed acceptance by the Contractor of
the work upon which subsequent work depends.
1.12 Project Meetings
.1 Preconstruction Meeting
.1 Attend a preconstruction meeting before commencing work.
Purpose of meeting is to review procedures.
.2 Submit, at this meeting, proof that application has been made
to the Ministry of Labour for “Notice of Project” where legislation
requires this notification be made. Work may not proceed until
the Ministry has been notified.
1.13 Schedule
.1 Schedules Required.
.1 Construction Progress Schedule. The Contractor shall cooperate
and fully inform the Owner of their schedules and work to be
done.
.2 Format
.1 Unless otherwise advised, prepare schedule in form of horizontal
bar chart.
.2 Provide separate bar for each trade or operation.
.3 Provide horizontal time scale identifying first work day of each
week.
.4 Format for listings: List of Contents of this specification.
.3 Submission
.1 Submit initial schedules within 7 days after award of Contract.
.2 Submit 2 copies to be retained by Owner’s Consultant.
.3 Owner’s Consultant will review schedule and return reviewed
copy within 10 days after receipt.
.4 Resubmit finalized schedule within 7 days after return of
reviewed copy.
.5 With each application for progress payment, submit an up-todate schedule.
.4 Maintenance and Resubmission
.1 Monitor progress of work relative to approved schedule.
.2 Submit schedules at each progress (site) meeting indicating
actual progress of the Work relative to approved schedule.
.3 Advise Consultant and Owner where progress of work varies
Section 01 11 00
Page 6
from schedule, paying particular attention to variances that
may result in delay of completion of Work, in whole or in part, or
achievement of any milestone dates.
.4 Where progress of work varies from approved schedule, revise
and resubmit schedule, showing means to recover from delays
and achieve completion date(s).
.5 Revise and resubmit schedule to reflect extensions in Contract
Time agreed to in Change Orders.
.6 Owner’s or Consultant’s acceptance of revised schedules
showing completion dates later than contractually agreed shall
not relieve Contractor of any responsibility for compensating
Owner for costs incurred as a result of delayed completion of
work, nor result in any liability by the Owner or the Consultant to
the Contractor for additional costs due to the Contractor’s
delay in completing the Work.
1.14 Quality Control
.1 Refer to Section 01 45 00 Quality Control.
1.15 Construction Facilities
and Temporary
Controls
.1
Water supply, temporary heating, temporary power, and temporary
telephone: refer to Section 01 51 00 Temporary Utilities.
.2 Construction facilities, site storage/loading, equipment/tool/
materials storage: refer to Section 01 52 00 Temporary Facilities.
.3 Temporary controls: refer to Section 01 56 00 Temporary Controls.
.4 Project Cleanliness: refer to Section 01 74 11 Cleaning.
.5 Assistance with Owner’s Consultant’s Site Review
.1 The Contractor shall render all necessary assistance to the
Owner’s Consultant and if required shall take and furnish him
with levels, measurements, or anything else required by the
Owner’s Consultant to review the Work. The Contractor shall
provide sufficient, safe and proper facilities at all times for the
review of the Work by the Owner’s Consultant.
1.16 Additional Documents .1 In addition to the requirements of CCDC-14:2013 maintain at place
of the Work one copy of each of the following:
Required
.1 Additional written instructions that change this work and
supplement the Contract;
.2 One copy of each Change Order and Contemplated Change
Order;
.3 Field Inspection and test reports by testing and inspection
agencies;
.4 One copy of each of the Owner’s Consultant’s site visit reports;
.5 Copy of approved work schedule;
.6 Manufacturers' installation and application instructions;
.7 Reviewed shop drawings and other submittals; and
Section 01 11 00
Page 7
.8 Up-to-date progress schedule.
1.17 Daily Log
.1 Maintain a daily log recording following data:
.1 An address directory recording the names, address and
telephone number of representative of all subcontractors, trades
and suppliers doing work or supplying material for project.
.2 Record briefly various items of work being carried out on each
day including the number of workers and amount of work
completed.
.3 Record maximum and minimum daily weather temperatures
both inside and outside of the building. In this regard the
Contractor shall maintain a minimum/maximum thermometer
both inside and outside the building for the duration of project.
.4 Record ordering dates and receiving dates of material F.O.B. job
site to the site.
.5 Record accidents and first aid given.
.2 Daily log shall be open to review by the Owner and by the Owner’s
Consultant. Upon request, provide copy of log to Owner or Owner’s
Consultant.
Assessment
.1 Where the Contractor is required to remove and re-install existing
assemblies, elements or materials to suit work of this Contract, survey
same for damage existing prior to the start of work, other than that
caused by the Contractor during other work operations.
.2 Submit written statement to Owner’s Consultant outlining damage
where damage exists.
.3 Commencement of work shall mean the Contractor accepts
existing conditions as being without damage.
1.19 Repair, Restore, &
Make Good
.1 Repair, make good or restore shall mean the use of materials and
technologies and methods to return damaged assemblies,
elements or materials to the better of the condition in which they
were prior to the beginning of construction, or to the standard
specified in other Sections for new work. In general, repaired areas
shall be indistinguishable from adjacent areas.
.2 Repair, make good or restore damaged assemblies, elements or
materials where assemblies, elements or materials are damaged by
work of this Contract, or by operations of the Contractor during the
work of the Contract. This shall include elements damaged by
removal of abutting elements.
.3 Use repair materials which match the damaged substrates, or are
recommended for repair of the damaged materials, which retain or
return the damaged assemblies, elements or materials to their
specified architectural and structural rated capabilities.
Section 01 11 00
Page 8
.4 Where no recommended repair material exists, provide the Owner’s
Consultant with options from which to select a preferred repair.
Owner’s Consultant ‘s selection and decision shall be final.
.5 Refinish surfaces to match adjacent finishes. For continuous
surfaces, refinish to the nearest intersection. For assembly, refinish
entire unit.
1.20 Discovery of
Unexpected Materials
.1 Where a friable material is discovered during construction,
renovations and/or demolition, stop all work that may disturb the
material. Advise the Owner of the discovery and await instructions.
1.21 Compressed Gas or
Explosive-Actuated
Fastener Tools
.1 Use explosive-actuated and compressed gas fastener tools only
under strictest safety conditions. Keep equipment locked in storage
cabinet unless in active use by personnel. Equipment shall not be
left unattended, or be accessible to anyone other than authorized
users.
1.22 Climatic Conditions
.1 Where the climate may affect in any manner the ways and means
for the performance of the work or the timing for the project,
thoroughly examine the climatic data for the past 10 year period,
and incorporate all information reasonably inferable from such data
into the Contract Price, Construction Schedule and Contract Time.
1.23 Hazardous Materials
.1 Hazardous materials shall not be introduced for experimental or any
other use prior to being evaluated by the Owner’s Consultant.
.2 Make known any hazardous materials to be used and method of
application before using. Be responsible for storage and proper
safety requirements.
.3 Where a suspected hazardous material is discovered during
construction, renovations and/or demolition stop all work that may
disturb the suspected hazardous material. Advise the Owner of the
discovery and await instructions.
.4 The disposal of hazardous chemical waste such as PCB’s, mercury,
oil shall be disposed of through the use of a qualified contractor’s
services:
1.24 Discovered Valuables
.1 All articles of value, such as relics, antiquities, or items of historical or
scientific interest which may be discovered during demolition,
dismantling, or excavation of the Place of the Work are the property
of the Owner and shall be immediately delivered into the custody
of the Owner.
Section 01 11 00
Page 9
1.25 Security and Keys
.1 Comply with Owner's policy and practices regarding site and
building security. Do not reduce level of security afforded to
building and site by work of this Contract.
1.26 Subcontractors
.1 The Owner reserves the right to reject a proposed subcontractor in
accordance with the provisions of CCDC-14:2013
.2 Subcontractors named in the Contractor’s Bid Form shall be
engaged for work of this Contract, and shall not be replaced by the
Contractor except with the Owner’s prior consent.
1.27 Inspections by
Authorities Having
Jurisdiction
.1 The Contractor shall arrange all inspections required by Authority(s)
Having Jurisdiction.
.2 Where the Owner feels it necessary, for any reason whatsoever, the
Owner may also arrange for the Authority(s) Having Jurisdiction to
attend at the work site.
***************************END***************************
Site Administration
Section 01 20 00
Page 1
1.1 General Requirements
1.2 Pre-Construction
Meeting
1.
The General Conditions and Division 1, General Instructions,
Special Requirements, are part of this Section and shall apply as if
written in full herein.
1.
Immediately prior to construction, upon notification, attend at
location of owner's choice, pre-construction meeting along with
authoritative representatives of certain key subcontractors as
specifically indicated in the conference notice.
2.
Purpose of meeting is as follows:
a) Review project communications procedures.
b) Review contract administration requirements including
submittals, payment and change order procedures.
c) Identify all critical points on construction schedule for positive
action.
d) Identify any product availability problems and substitution
request.
e) Establish site arrangements and temporary facilities.
f) Revise any points which, in Owner's, Owner’s Consultant’s, and
Contractor's opinion, require clarification.
1.3 Site Meeting
1.4 Supervision
1.
Prior to the commencement of the work, the contractor, together
with the owner, shall mutually agree to a sequence for holding
regular "on site meetings".
2.
Organize all necessary site meetings. Ensure that persons, whose
presence is required are present and that relative information is
available to allow meetings to be conducted efficiently.
3.
The Owner’s Consultant will record minutes of each meeting and
promptly distribute copies to all participants not later than seven
days after the meeting has been held.
1.
Employ an experienced and qualified superintendent who shall
devote his time exclusively to the work of this contract and who shall
be in complete charge of the work from commencement to
completion. A working foreman will not be acceptable. The
superintendent shall not be changed after commencement of work
without the Owner’s Consultant approval.
2.
Supervise, direct, manage and control the work of all forces carrying
out the work, including subcontractors and suppliers. Carry out daily
inspections to ensure compliance with the contract documents and
the maintenance of quality standards. Ensure that the inspection
staff includes personnel competent in supervising the mechanical
and electrical trades if applicable.
Section 01 20 00
Page 2
1.5 Progress Record
1.6 Documents On Site
Site Administration
1.
Maintain, on site, permanent written record of progress of work.
Record shall be open to inspection by Owner’s Consultant at all
times and a copy shall be furnished to Owner’s Consultant upon
request.
2.
This record shall show dates of commencement, progress and
completion of various trades and items of work. Particulars
pertaining to number of employees of various trades and type and
quantity of equipment employed daily shall be noted.
3.
Display a copy of the construction schedule on site from start of
construction to completion. Superimpose actual progress of work on
schedule at least once each week.
1.
The contractor shall at all times have in his possession a complete
set of contract documents (drawings and specifications) with all
addenda, site instructions, change orders, reviewed shop drawings
and samples, colour schedule, paint materials schedules, hardware
list, progress reports and meeting minutes.
***************************END***************************
Submittals
Section 01 33 00
Page 1
.2 Refer to particular specification sections for detailed requirements
of submissions relayed to particular products and process.
specifications.
1.2 Administrative
.1 Submit list (schedule) of all submittals required, including mock-ups.
List each submittal required, projected submission dates, date
returned by architect/engineer, remarks, etc.
.2 Submit to Owner’s Consultant submittals listed for review. Submit
with reasonable promptness and in an orderly sequence so as to
not cause delay in the Work.
.3 Work affected by submittal shall not proceed until review is
complete.
.4 Review submittals prior to submission to Owner’s Consultant. This
review represents that necessary requirements have been
determined and verified, or will be, and that each submittal has
been checked and co-ordinated with requirements of the Work
and Contract Documents.
.5 Contractor to ensure that verification of field measurements and
affected adjacent Work are coordinated.
1.3 Shop Drawings and
Product Data
.1 Refer to also to CCDC-14:2013.
.2 Indicate materials, methods of construction and attachment or
anchorage, erection diagrams, connection, explanatory notes and
other information necessary for completion of Work.
.3 Adjustments made on shop drawings by Owner’s Consultant are not
intended to change Contract Price or Contract Time.
.4 Make changes in shop drawings as Owner’s Consultant may
require.
.5 Submit 3 prints of shop drawings for each requirement requested in
specification Sections and as Owner’s Consultant may reasonably
request.
Section 01 33 00
Page 2
Submittals
.6 Submit 3 copies of product data sheets or brochures for
requirements requested in specification Sections and as Owner’s
Consultant may reasonably request where shop drawings will not be
prepared due to standardized manufacture of product.
.7 Shop drawings shall be prepared specifically for projects and shall
be fully dimensioned. Use of standard drawings or brochures is
acceptable only if accompanied by drawing showing product in
assembled form and showing its relation to adjacent work, methods
of anchorage, and other relevant information. Catalogue pages
alone are not acceptable. All shop drawings must be to scale.
.8 Shop drawings must be reviewed and stamped by the appropriate
professional(s) with membership in good standing within the
Province of Ontario. Review must include conformance to the
applicable Building Codes.
1.4 Samples
.1 Submit for review, samples in duplicate as requested in respective
specification Sections.
.2 Deliver samples prepaid to Owner’s Consultant's business address.
.3 Submit colour chips and finish samples in duplicate.
.4 Keep all approved samples at the Place of the Work. Maintain in
good order and available to the Owner’s Consultant and his
representatives for the duration of the Work.
***************************END***************************
May 2014
Regulatory Requirements
Section 01 41 00
Page 1
1.1 Safety Requirements
1.2 Safety Regulations
1.
Be governed by pertinent safety requirements of Federal or
Provincial Governments and of municipal bodies having authority,
particularly the Ontario Construction Safety Act, and regulations of
Ontario Ministry of Labour, and work in conjunction with proper
safety associations operating under the authority of Ontario
Workplace Safety and Insurance Act.
2.
Do not, in the performance of the work, in any manner endanger
the safety or unlawfully interfere with the convenience of the public.
1.
The contractor shall ensure that all contract staff is trained under the
provision of the W.H.M.I.S. (Workplace Hazardous Material
Information System) regulations.
2.
The contractor shall ensure that Material Safety Data Sheets are
available for all chemicals used on site.
3.
The contractor shall conform to and enforce strict compliance with
the Construction Safety Act and regulations made under the act.
4.
For purposes of the Occupational Health and Safety Act, the
Contractor will be designated as the constructor for this project and
will assume all of the responsibility of the constructor set out in that
Act and its regulations.
5.
The contractor shall ensure that all necessary measures are taken to
protect the general public and workers from injury.
***************************END***************************
Quality Control
Section 01 45 00
Page 1
PART 1 - GENERAL
.2 Section 03 30 00 Cast-In-Place Concrete.
.3 Section 03 37 00 Concrete Curing.
specifications.
1.2 Inspection and Testing
.1 Contractor is solely liable for ensuring work conforms to the
Documents. Examine all work for conformance with the Documents
and have all defective and deficient work corrected before calling
for inspections or reviews.
.2 Be responsible for inspection and testing as required by the Contract
Documents, statutes, regulations, by-laws, standards or codes or any
other jurisdictional authority. Give the Owner’s Consultant or
inspection agencies as applicable timely notice of the readiness for
inspection, date and time for such inspection for attendance by the
Consultant.
1.3 Site Review
In accordance with CCDC-14:2013.
.1 The Owner and the Owner’s Consultant shall have access to the
Work. If part of the Work is in preparation at locations other than the
Place of the Work, access shall be given to such work whenever it is
in progress.
.2 Do not conceal work that is designated for review, inspection or
testing without permitting Owner’s Consultant adequate time for
reviews. Adequate time shall be defined, for the purposes of this
Section, as 3 full business days advance notice of readiness for
review, inspection or testing.
.3 The Owner’s Consultant may order any part of the Work to be
examined if the Work is suspected to be not in accordance with the
Contract Documents. If, upon examination, such Work is found not in
accordance with the Contract Documents, correct such work and
pay the cost of examination and correction. If such Work is found in
accordance with the Contract Documents, the Owner shall pay the
cost of examination and replacement.
1.4 Independent
Inspection Agencies
.1 Independent Inspection/Testing Agencies will be paid for by the
Contractor for purpose of inspecting and/or testing designated
portions of Work.
Section 01 45 00
Page 2
Quality Control
.2 Except as described below, where the Contractor pays for
inspection and testing, costs and payments for such testing and
inspection shall be shall by the Municipality.
.3 Particular requirements for inspection and testing to be carried out
by the designated testing laboratory are specified in the various
sections of the specifications.
.4 Provide equipment required for executing inspection and testing by
appointed agencies.
.5 Coordinate inspections and testing with inspection and testing
company. Uncover for examination any Work covered up prior to
inspection or without approval of the Owner’s Consultant. Make
good such Work at no cost to the Owner.
.6 Employment of inspection/testing agencies shall not relax
responsibility to perform Work in accordance with the Contract
Documents.
.7 The following items are not included in Owner paid costs for testing
and inspection and costs for same shall be included in the Contract
Price:
.1 Inspection and testing required by laws, rules, regulations or
orders of public authorities.
.2 Inspection and testing performed exclusively for Contractor's
convenience.
.3 Selected testing, adjustment and balancing of mechanical and
electrical equipment and systems.
.4 Tests specified to be carried out by Contractor under the
direction of the Owner’s Consultant.
.5 Costs of retesting work found to be defective or deficient, after
such work has been remedied.
.6 Compaction testing of granular base.
.7 Concrete cylinder testing for flatwork.
.8 Products and work may be inspected and tested during
manufacture, fabrication, storage, shop testing, installation,
construction and testing phases of the Contract, as directed by the
Owner’s Consultant. The Owner’s Consultant will ascertain the
quantity and quality of testing to be performed. Provide access,
proper facilities and assistance irrespective of location of inspection
and testing.
1.5 Access to Work
.1 Allow inspection/testing agencies access to the Work, off site
manufacturing and fabrication plants.
Quality Control
Section 01 45 00
Page 3
.2 Co-operate to provide reasonable facilities for such access.
.3 Contractor's Responsibilities.
.1 The Contractor shall:
.1 Provide equipment required for executing inspection and
testing by appointed agencies. Facilitate inspections and
tests.
.2 Co-ordinate with and supply all materials for inspection and
testing purposes as requested by the inspection and testing
company.
.3 Make good work disturbed by inspection and testing.
.4 Provide storage on site for laboratory's exclusive use to store
equipment and cure test samples.
1.6 Procedures
.1 Notify the appropriate agency and Owner’s Consultant in advance
of the requirement for tests, in order that attendance arrangements
can be made.
.2 Submit samples and/or materials required for testing, as specifically
requested in specifications. Submit with reasonable promptness and
in an orderly sequence so as not to cause delay in the Work.
.3 Provide labour and facilities to obtain and handle samples and
materials on site. Provide sufficient space to store and cure test
samples.
1.7 Rejected Work
.1 Refer to CCDC-14:2013.
.2 If defects are revealed during inspection and/or testing, the
appointed agency will request additional inspection and/or testing
to ascertain full degree of defect. Correct defect and irregularities
as advised by Owner’s Consultant at no cost to the Owner. Pay
costs for retesting and re-inspection.
1.8 Reports
.1 Submit three copies of inspection and test reports promptly to
Owner’s Consultant.
.2 Submit one copy of inspection and test reports promptly to the
Owner.
.3 Submit one copy of inspection and test reports (if applicable)
promptly to the local Building Department.
.4 Provide copies of inspection and test reports to Subcontractor of
work being inspected/tested, and/or manufacturer/fabricator of
material being inspected/tested.
Section 01 45 00
Page 4
Quality Control
1.9 Tests and Mix Designs
.1 Furnish test results and mix designs as may be requested.
.2 The cost of tests and mix designs beyond those called for in the
Contract Documents or beyond those required by the law of the
Place of Work shall be appraised by the Owner’s Consultant and
may be authorized as recoverable.
***************************END***************************
Temporary Utilities
Section 01 51 00
Page 1
PART ONE - GENERAL
.1 Section 01 56 00 - Temporary Controls.
specifications.
1.2 Installation,
Maintenance
and Removal
.1 Provide temporary utilities in order to execute work expeditiously.
.2 Remove from site all such work after use.
.3 Maintain temporary utilities and plant in good operating order.
.4 Use utilities and execute work to prevent waste of utilities.
1.3 Dewatering
.1 Provide and pay for temporary drainage and pumping facilities to
site free from standing water.
1.4 Sanitary Facilities
.1 Contractor is to supply and maintain sanitary facilities in
accordance with local municipal, provincial legislation.
.2 Maintain in clean condition.
1.5 Water Supply
.1 The Owner will not provide a continuous supply of potable water for
construction use.
.2 Provide temporary connections to existing supply points, and pay all
costs for installation, maintenance and removal.
1.6 Temporary Heating
.1 Provide temporary heating required during construction period,
including attendance, maintenance and fuel (unless otherwise
specified) for exterior work, or work exposed to exterior conditions,
during construction period as required to:
.1 Facilitate progress of work.
.2 Protect work and products against dampness and cold.
.3 Prevent moisture condensation on surfaces.
.4 Provide ambient temperatures and humidity levels for
storage, installation and curing of materials.
.5 Provide adequate ventilation to meet health regulations for
safe working environment.
.2 Do not use electricity for temporary heating except with Owner’s
prior permission.
.3 Maintain temperatures of minimum 10 degrees C in areas where
construction is in progress, unless indicated otherwise, or as may be
required by manufacturer’s instructions for materials being installed
during heating period.
Section 01 51 00
Page 2
Temporary Utilities
.4 Be responsible for damage to work due to failure in providing
adequate heat and protection during construction.
.5 Prevent excessive use or waste of utilities, and minimize utility costs
to Owner.
.6 Maintain strict supervision of operation of temporary heating
equipment to:
.1 Conform to applicable codes and standards.
.2 Enforce safe practices.
.3 Prevent abuse of services.
.4 Prevent damage to finishes.
.5 Vent direct-fired combustion units to outside.
1.7 Temporary Ventilation
.1 Prevent accumulations of dust, fumes, mists, vapours or gases in
areas occupied during construction.
.2 Provide local exhaust ventilation to prevent harmful accumulation
of hazardous substances into atmosphere of occupied areas.
.3 Dispose of exhaust materials in manner that will not result in harmful
exposure to persons.
.4 Maintain strict supervision of operation of temporary heating and
ventilating equipment to:
.1 Conform to applicable codes and standards.
.2 Enforce safe practices.
.3 Prevent abuse of services.
.4 Prevent damage to finishes.
.5 Vent direct-fired combustion units to outside.
1.8 Temporary Power and
Light
.1 The Contractor must supply and pay for temporary power during
construction for temporary lighting and operating of power tools.
Do not interrupt occupants’ use of power when using power for
construction purposes.
.2 Provide temporary connections to existing supply points, and pay all
costs for installation, maintenance and removal. Make connections
in accordance with Electrical Safety Code.
.3 Temporary power in access of above is responsibility of Contractor
unless otherwise agreed with Owner.
.4 Do not use electricity to provide temporary construction heating
except with prior permission of Owner.
1.9 Temporary Telephone
.1 Provide and pay for temporary telephone services for own use and
use of Owner’s Consultant and Owner.
Temporary Utilities
Section 01 51 00
Page 3
.2 Telephone service shall be separate from Owner’s existing
telephone service.
.3 Telephone service shall be complete with answering machine or
voice mail messaging system. Cell phone systems are acceptable.
1.10 Fire Protection
.1 Provide and maintain temporary fire protection equipment during
performance of work required by governing codes, regulations and
bylaws and by Owner’s requirements.
.2 Open and burning rubbish are not permitted on site.
***************************END***************************
Temporary Controls
Section 01 56 00
Page 1
PART ONE - GENERAL
.1 Section 01 51 00 Temporary Utilities.
specifications.
1.2 Installation and
Removal
.1 Provide temporary controls in order to execute work expeditiously.
.2 Maintain temporary controls and plant in good operating order.
.3 Remove from site all such work after use.
1.3 Guards and Hoarding
.1 Comply with stricter of applicable legislation or the following.
.2 Erect guards and other barricades to protect all persons, public and
private property from injury or damage.
.3 Provide barriers around trees and plants designated to remain within
the construction zone. Protect from damage.
.4 Erect signs to prohibit entry of unauthorized personnel into work
areas.
.5
Provide hoarding at all exterior work areas, including but not limited
to outdoor storage areas, garbage bins, below all exterior work
operations above grade, and at other hazardous exterior work
areas, and as may be indicated. Unless otherwise indicated, or as
otherwise agreed with the Owner and as may be required by
legislation, acceptable exterior hoarding shall be minimum 6’ high,
and be galvanized steel fence, or plywood on wood framing.
“Modu-Loc” portable fencing will be accepted as galvanized
fencing in place of fixed galvanized fencing. Panels must be
provided with T base suitable for pinning and shall be clipped
together at top corners. Contractor remains solely responsible for
site security and safety and shall supplement these requirements as
necessary. Erect hoarding as required to protect all persons, and all
public and private property from injury and damage. Ensure
conformance with all requirements of authorities having jurisdiction.
.6 Where required, provide lockable gates/doors within hoarding for
access. Ensure that requirements for exiting /egress from the area
are maintained and provide panic hardware as required.
.7 Assume full responsibility for any damage or injury caused due to
failure to comply with provisions of the Contract Documents.
Section 01 56 00
Page 2
Temporary Controls
1.4 Guard Rails, Barricades .1 Provide and maintain all required signage, construction barriers, dust
screens etc. to adequately restrict and protect the public from the
and Warning Notices
work site and the work being undertaken.
.2 Provide secure, rigid guard rails and barricades around deep
excavations and as otherwise required by governing authorities.
.3 Wherever the Contractor’s work may expose persons to danger,
provide all necessary protection to prevent injury and post notices
advising of the hazard.
1.5 Dust Control
.1 Maintain and relocate protection until such Work is complete.
Remove upon completion of dust-generating work, and make
clean areas affected.
1.6 Noise Control
.1 Take all efforts to limit adverse impact of noise generating
operations on Owner’s ongoing use of adjacent buildings and
adjacent residential areas.
.2 Be advised that low frequency vibrations, in particular, such as those
from coring and drilling, transmit throughout structures.
.3 Execute work that creates noise unacceptable to the Owner outside
Owner’s normal working hours, and such work shall be included in
Contract Price.
1.7 Access to Site
.1 Use existing driveways, roads, parking areas, and sidewalk crossings
as may be required for access to the work.
.2 Maintain reasonable access at all times to all buildings, roads,
walkways, service roads, sport fields and adjacent parking areas.
.3 Protect existing driveways, roads, parking areas and sidewalk
crossings from damage, and make good damage arising.
.4 Keep public roads clean of soiling. Clean as required.
1.8 Public Traffic Flow
.1 Provide and maintain notices, flagpersons, traffic signals, barricades
and flares, lights, or lanterns as required to perform the work and
protect the public.
1.9 Protection for Off-Site
and Public Property
.1 Protect surrounding private and public property from damage
during performance work.
.2 Be responsible for damage incurred.
***************************END***************************
Material and Equipment
Section 01 61 00
Page 1
PART ONE - GENERAL
.2 Section 01 45 00 - Quality Control.
specifications.
1.2 Reference Standards
.1 Within the text of the specifications, reference may be made to the
following standards:
.1 ACI
American Concrete Institute
.2 AISC
American Institute of Steel Construction
.3 ANSI
American National Standards Institute
.4 ASTM
American Society of Testing and Materials
.5 CEC
Canadian Electrical Code (published by CSA)
.6 CEMA
Canadian Electrical Manufacturer's Association
.7 CSA
Canadian Standards Association
.8 OBC
Ontario Building Code
.9 OESC
Ontario Electrical Safety Code
.10 ESA
Electrical Safety Authority
.11 NEMA
National Electrical Manufacturers' Association
.12 ULC
Underwriters' Laboratories of Canada
.13 TSSA
Technical Standards and Safety Authority
.2 Conform to these standards, in whole or in part as specifically
requested in the specifications.
.3 If there is question as to whether any product or system is in
conformance with applicable standards, the Owner’s Consultant
reserves the right to have such products or systems tested to prove or
disprove conformance.
.4 The cost for such testing will be borne by the Owner in the event of
conformance with Contract Documents or by the Contractor in the
event of non-conformance.
.5 Conform to latest date of issue of referenced standards in effect on
date of submission of bids, except where a specific date or issue is
specifically noted.
1.3 Quality
.1 In accordance with CCDC-14:2013.
.2 If requested, furnish evidence as to type, source and quality of
Products provided.
Section 01 61 00
Page 2
.3 Defective Products, whenever identified prior to the completion of
Work, will be rejected, regardless of previous inspections or reviews.
Review by the Owner’s Consultant or inspection by designated
testing and inspection agencies does not relieve Contractor of
responsibility for execution of the Work, but is a precaution against
oversight or error. Remove and replace defective Products at own
expense and be responsible for delays and expenses caused by
rejection.
.4 Should any dispute arise as to the quality or fitness of Products, the
decision rests strictly with the Owner’s Consultant based upon the
requirements of the Contract Documents.
.5 Unless otherwise indicated in the specifications, maintain uniformity
of manufacture for any particular or like item throughout the Work
site.
.6 Permanent labels, trademarks and nameplates on Products are not
acceptable in prominent locations, except where required for
operating instructions, or when located in mechanical or electrical
rooms.
.7 Products, which are specified by their proprietary names, or by parts
or catalogue number, shall form the basis for the specifications and
the Contract. No substitutes for these products may be used without
the Owner’s Consultant's approval in writing. Substitutes will be
considered only when submitted in sufficient time to permit proper
investigation by the Consultant.
.8 In applying for permission to use substitutes, the Contractor shall
prove to the Owner’s Consultant's satisfaction that the substitute
meets or exceeds the characteristics of the specified product. Each
application shall be accompanied by a list of properties of the
specified product and the proposed substitute. When requesting
approval for the use of substitutes, the Contractor shall include in his
submission any effect that the substitution may have on the Contract
Price and Contract Time. No application to use substitutes will be
considered unless made in this way.
.9 Whenever more than one product is specified for use, the Contractor
may use any of the products so specified unless the drawings or
specifications indicate otherwise.
1.4 Availability
.1 In submitting Bid, Contractor warrants that all materials are available
in suitable time to meet Contract dates.
.2 Subject to sentence .3 below, where the Contractor advises that the
Contractor cannot supply materials in suitable time to meet
Contract dates, and should it subsequently appear that Work may
Section 01 61 00
Page 3
be delayed for such reason, the Owner’s Consultant reserves the
right to substitute more readily available products of similar
character, even if more costly to the Contractor, at no increase in
Contract Price.
.3 Where the Contractor can show that the Contractor promptly
ordered the originally specified materials the Owner will pay the
differential in cost between the originally specified material and the
substitute material with out any mark-ups applicable by the
Contractor, subcontractors, subsubcontractors or suppliers. For
greater certainty, the Contractor’s failure to submit shop drawings or
other submittals or seek direction in those instances where the
Contract Documents so require in sufficient time to permit ordering
materials is not cause for the Owner to pay the cost differential in
sentence .2 above.
1.5 Storage, Handling and .1 Handle and store Products in a manner to prevent damage,
adulteration, deterioration and soiling and in accordance with
Protection
manufacturer's instructions when applicable.
.2 Store packaged or bundled Products in original and undamaged
condition with manufacturer's seal and labels intact. Do not remove
from packaging or bundling until required in the Work.
.3 Store products subject to damage from weather in weatherproof
enclosures.
.4 Store cementitious products clear of earth or concrete floors, and
away from walls.
.5 Keep sand clean and dry. Store sand on wooden platforms and
cover with waterproof tarpaulins during inclement weather.
.6 Store sheet materials on flat, solid supports and keep clear of ground.
Slope to shed moisture.
.7 Prevent damage, adulteration and soiling of material and
equipment during delivery, handling and storage. Immediately
remove rejected material and equipment from site. Remove and
replace damaged Products at own expense and to the satisfaction
of the Owner’s Consultant.
.8 Touch-up damaged factory finished surfaces to Owner’s Consultant’s
satisfaction. Use primer or enamel to match original. Do not paint
over nameplates.
1.6 Transportation
.1 Pay costs of transportation of Products required in the performance
of Work.
Section 01 61 00
Page 4
1.7 Manufacturer's
Instructions
.1 Unless otherwise indicated in the specifications, install or erect
Products in accordance with manufacturer's instructions. Do not rely
on labels or enclosures provided with Products. Obtain written
instructions directly from manufacturers.
.2 Notify the Owner’s Consultant in writing, of conflicts between the
specifications and manufacturer's instructions, so that the Owner’s
Consultant may establish the course of action.
.3 Improper installation or erection of Products, due to failure in
complying with these requirements, authorizes the Owner’s
Consultant to require removal and re-installation at no change in
Contract Price or Contract Time.
1.8 Workmanship
.1 Workmanship shall be the best quality, executed by workers
experienced and skilled in the respective duties for which they are
employed. Immediately notify the Owner’s Consultant if required
Work is such as to make it impractical to produce required results.
.2 Do not employ any unfit person or anyone unskilled in his or her
required duties. The Owner’s Consultant reserves the right to require
the dismissal from the site workers deemed incompetent, careless,
insubordinate or otherwise objectionable.
.3 Decisions as to the quality or fitness of workmanship in cases of
dispute rest solely with the Owner’s Consultant, whose decision is
final.
1.9 Co-Ordination
.1 Ensure cooperation of workers in laying out the Work. Maintain
efficient and continuous supervision.
.2 Be responsible for coordination and placement of openings, sleeves
and accessories.
1.10 Remedial Work
.1 Refer to CCDC-14:2013.
.2 Perform remedial work required to repair or replace the parts or
portions of the Work identified as defective or unacceptable.
Coordinate adjacent affected Work as required.
.3 Perform remedial work by specialists familiar with the materials
affected. Perform in a manner to neither damage nor endanger
any portion of Work.
.4 Where factory finishes are marred or scratched, and with Owner’s
Consultant's acceptance, touch up scratched factory finishes with
manufacturer's recommended paint system or repair technology.
Section 01 61 00
Page 5
1.11 Fastenings
.1 Provide permanent fastenings, anchors, adhesives and accessories
required for performance of the Work in same texture, colour and
finish as adjacent materials, unless indicated otherwise.
.2 Provide exposed metal fastenings and accessories of same texture,
colour and finish as base metal in which they occur, unless otherwise
indicated.
.3 Prevent electrolytic action between dissimilar metals.
.4 Use noncorrosive fastenings, anchors and spacers for securement of
exterior work or forming part of concealed work, which may be
subject to corrosion. Use stainless steel or other material as specified
in particular specification Sections.
.5 Fastenings, anchors, accessories and adhesive shall be of
appropriate type and of sufficient quantity and in such a manner as
to provide positive permanent anchorage of the unit to be
anchored in position. Install anchors at spacing within limits of load
bearing and shear capacity to accommodate applied loads so that
the secured unit cannot work loose, fall, or shift out of position.
Ensure fastenings, anchors, accessories and adhesives provide
positive permanent anchorage.
.6 Keep exposed fastenings to a minimum, evenly spaced and neatly
laid out. Conceal fasteners where indicated.
.7 Use of wood or other organic plugs prohibited.
.8 Fasteners which cause spalling or cracking of material to which
anchorage is being made are prohibited.
1.12 Protection of Work
in Progress
.1 Adequately protect Work completed or in progress. Work damaged
or defaced due to failure in providing such protection is to be
removed and replaced, or repaired, as directed by the Owner’s
Consultant, at no increase in Contract Price.
1.13 Existing Services and
Utilities
.1 When breaking into or connecting to existing services or utilities,
execute Work at times directed by local governing authorities and
Owner, with a minimum of disturbance to Work, building occupants
and pedestrian and vehicular traffic.
.2 Protect, relocate or maintain existing active services. When services
are encountered, cap off in a manner approved by authority having
jurisdiction, stake and record location of capped service.
***************************END***************************
Cleaning
Section 01 74 11
Page 1
.2 Section 01 56 00 Temporary Controls.
.3 The requirements of this Section apply to all other Sections.
1.2 General
.1
Conduct cleaning and disposal operations to comply with local
ordinances and anti-pollution laws.
.2
Store volatile waste in covered metal containers, and remove from
premises at end of each working day.
.3
Provide adequate ventilation during use of volatile or noxious
substances.
.4
Prevent accumulation of wastes that may create hazardous
conditions.
.5
In the event of any dispute regarding the removal of waste
products, debris, tools, equipment, etc. the Owner may remove the
waste product and debris and charge the cost to the Contractor,
by means of deduction from monies owing the Contractor, to the
extent that the Owner’s Consultant shall determine to be just.
1.3 Project Cleanliness and .1
Progressive Cleaning
Maintain the Work in tidy condition, free from accumulation of
waste products and debris, other than that caused by the Owner or
other Contractors. Clean areas where work is being performed on a
daily basis.
.2
Make arrangements with and obtain permits from authorities having
jurisdiction for disposal of waste and debris.
.3
Remove waste material and debris from the site and deposit in
waste container at the end of each working day.
.4
Clean work area(s) upon completion of each day's work, and
maintain areas free of dust and other contaminants during finishing
operations. On a daily basis, maintain project site and public
properties free from debris and waste material.
.5
Provide for on-site debris collection and disposal equipment, and
services needed to dispose of all debris. Do not use Owner's waste
containers for disposal of debris arising from work of this Contract.
Provide and pay for dedicated waste disposal for work of this
Contract.
Section 01 74 11
Page 2
Cleaning
.6
Remove waste materials and rubbish from site and dispose of at
legal dumping areas. Pay all disposal costs.
.7
Use only cleaning materials recommended by manufacturer of
surface to be cleaned, and as recommended by cleaning material
manufacturer, and as compatible with Owner's cleaning systems for
existing surfaces.
.8 Where walks and roads are soiled by work of this Contract:
.1 At a minimum, weekly sweep and wash Owner’s roads and
walks soiled by work of this Contract. Sweep and wash roads
and walks more frequently where soiling may be tracked.
Sweep and wash public roads and walks weekly, at a minimum,
and more frequently as required by local municipality.
1.4 Final Cleaning
.1
When the Work is Substantially Performed, remove surplus products,
tools, construction machinery and equipment not required for the
performance of the remaining Work.
.2
Remove waste products and debris other than that caused by the
Owner, other contractors or their employees, and leave the Work
clean and suitable for the occupancy by Owner.
.3
When the Work is complete, remove surplus products, tools,
construction machinery and equipment. Remove waste products
and debris other than that caused by the Owner or other
Contractors.
.4
Remove waste materials and the site at regularly scheduled times or
dispose of as directed by the Owner’s Consultant. Do not burn
waste materials on site.
.5
Make arrangements with and obtain permits from authorities having
jurisdiction for disposal of waste and debris.
.6
Remove stains, spots, marks and dirt from all structures.
.7
Inspect finishes, fitments and equipment and ensure specified
workmanship and operation. Correct deficiencies.
.8
Broom clean and wash exterior walks and steps and similar surfaces;
rake clean other surfaces of grounds.
.9
Remove dirt and other disfiguration from exterior surfaces.
.10 Sweep and wash clean paved areas.
.11 Clean equipment and fixtures to a sanitary condition.
***************************END***************************
Contract Close-Out
Section 01 77 00
Page 1
1.1
Related Sections
.1 Section 01 74 11 Cleaning.
specifications.
Project Closeout
.1 Final Cleaning
.1 Refer to CCDC-14:2013 and Section 01 74 11 Cleaning.
.2 Maintenance Materials and Spare Parts:
.1 Where supply of maintenance materials and spare parts are
specified, deliver to Owner as follows:
.1 Use unbroken cartons, or if not supplied in cartons, they shall
be strongly packaged. Supply maintenance materials and
spare parts in quantities specified in individual specification
sections.
.2 Provide only new materials as maintenance materials and
spare parts, of the same manufacture, type and quality as
incorporated into the Work.
.3 Store in locations directed, in a manner to prevent damage
or
deterioration.
.4 Clearly mark containers as to content.
.5 If applicable, give colour, room number, or area where
material used.
.6 Obtain receipt from Owner upon delivery of materials.
.3 Project Record Documents
.1 After award of Contract, the Owner’s Consultant will provide a
set of whiteprint (blueline or blackline) drawings and
specifications (or project manual) for purpose of maintaining
record drawings and specifications. Accurately and neatly
record deviations from Contract Documents caused by site
conditions and changes ordered by the Owner’s Consultant.
.2 Record locations of: concealed components of mechanical and
electrical services; accurate location, depth, size and type of
underground utilities; referenced to visible and accessible
features or structure; field changes of dimension and detail;
changes made by Change Order, Change Directive or Site
Instruction.
Section 01 77 00
Page 2
Contract Close-Out
.3 At completion of project and prior to final review, neatly transfer
notations to second set of drawings and specifications and
submit both sets to Owner’s Consultant.
.4 Record changes using a different colour of felt tip pen markers
for each major system.
.5 Mark up specifications to record actual construction, including
manufacturer, trade name, and catalogue number of each
item actually installed, particularly alternative, optional and
substitute
items.
.6 Identify drawings and specifications as "Project Record Copy".
Maintain in new condition and make available for review on site
by Owner’s Consultant.
.7 Minimum 2 weeks prior to application for final payment, submit
record documents to Owner’s Consultant.
.4 Financial Close-Out
.1 Execute transition of Performance and Labour and Materials
Payment Bond, if any, to warranty period requirements.
.2 Submit a final statement of accounting giving total adjusted
Contract Price, previous payments, and monies remaining due.
.3 Owner’s Consultant will issue a final change order reflecting
approved adjustments to Contract Price not previously made.
***************************END***************************
Selective Demolition
Section 02 41 00
Page 1
.1
Comply with Division One as applicable.
.2
Section 01 11 00 General Requirements.
.3
Section 01 52 00 Temporary Facilities.
.4
The requirements of this Section apply to all other Sections of the
specifications.
1.2 References
.1
CSA S350-M1980, Code of Practice of Safety in Demolition of
Structures.
.1
Examine areas to be selectively demolished or dismantled, and
confirm that their condition is substantially the same as the date on
which bids closed, and as indicated in the Contract Documents.
Advise the Owner’s Consultant of any conditions that vary from this.
.2
Inspect site and verify with Owner’s Consultant items designated for
removal and items to remain. Protect existing items designated to
remain and materials designated for salvage. In event of damage
to such items, immediately replace or make repairs to approval of
Owner’s Consultant and at no cost to Owner.
.1
The Contractor will be required to strip and stockpile the following:
1.4 Extent of Demolition
.1
.2
.3
1.5 Protection
Portions of existing grass and topsoil;
Portions of existing gravel parking lot; and
Portions of existing fill material.
.1
Prevent debris from blocking surface drainage system and systems
which must remain in operation.
.2
Make good damage to existing elements to remain caused by
demolition.
.3
Protect salvaged elements from damage.
coverings and storage.
.4
Protect existing trees per Tree Preservation and Protection Section.
.1
Dispose of demolished materials except where noted otherwise
and in accordance with authorities having jurisdiction.
.2
Do not disrupt active or energized utilities designated to remain
undisturbed, without Owner’s Consultant's consent.
Provide protective
PART TWO - EXECUTION
2.1 Work
Section 02 41 00
Page 2
Selective Demolition
2.2 Safety Code
.1
Comply with all applicable legislation.
2.3 Dismantling and
Demolition
.1
Do all work in a manner to prevent endangering safety of the site
or of adjacent facilities and occupants.
.2
Selectively dismantle parts of the site as required to suit installation
of new work and remedial work. Remove and dispose of materials
unless specifically directed to salvage and reinstall elements.
Make good disturbed surfaces.
.3
Remove existing equipment, services, and obstacles where
required for refinishing or making good of existing surfaces, and
replace as work progresses.
.4
Do not disturb adjacent items designated to remain in place.
.5
At end of each day's work, leave work in safe condition.
.1
Upon completion of work, remove debris, trim surfaces and leave
work site clean.
.2
Reinstate areas and existing works outside areas of demolition to
conditions that existed prior to commencement of work.
2.4 Restoration
***************************END***************************
Cast-in-Place Concrete
Section 03 30 00
Page 1
1.2 Coordination
1.3 Reference Standards
1.4 Substitutes
1.
The General Conditions and Division 1, General Instructions, are
part of this Section and shall apply as if written herein.
1.
Co-ordinate with all sub-trades to ensure all required hardware
is installed.
1.
Do concrete formwork in accordance with CAN/CSA-A23.1M90, except where specified elsewhere.
2.
Do falsework in accordance with CSA 5269.1 1975, except
where specified elsewhere.
3.
Do reinforcing work in accordance with CAN/CSA-A23.1-M90
and welding of reinforcing with CSA W186-1910, except where
specified otherwise.
4.
Do cast-in-place concrete work in accordance with CAN/CSAA23.1-M90, except where specified otherwise.
1.
Substitution of different size bars permitted only upon written
approval of Consultant.
1.
Formwork lumber: plywood and wood formwork materials to
CAN/CSA-A23.1-M90.
2.
Falsework materials: to CSA S269.1, 1975, Table 1. Materials shall
bear grade marks, or be accompanied with certificate test
reports or other proof of conformity.
3.
Form release agent: chemically active release agents
containing compounds that react with free lime present in
concrete to provide water insoluble soaps, preventing set of film
of concrete in contact with form, such as "Formshield" by W. R.
Grace and "Non-crete" by Bird-Goodco
1.
Fabricate reinforcing in accordance with CAN/CSA-A23.1-M90.
2.
Obtain Owner’s Consultant’s approval for locations of
reinforcement splices other than shown on steel placing
drawings.
3.
Ship bundles of bar reinforcement, clearly identified in
accordance with bar list.
PART TWO - PRODUCTS
2.1 Formwork and
Falsework
2.2 Fabrication
Section 03 30 00
Page 2
2.3 Reinforcing
2.4 Concrete Mixes
1.
Reinforcing materials, where specified or shown on the drawing
details, shall be epoxy coated in sizes as specified. Reinforcing
bar shall be a minimum of 75mm below the finished surface of
the concrete.
2.
All reinforcing shall be securely tied together to prevent
displacement with the pouring of the concrete.
1.
Proportion normal density concrete to CAN/CSA-A.23.1-M90,
Clause 14, to give the following mix for concrete as required on
the drawings, use Type 10 Cement to give minimum
compressive cylinder strength as specified on the drawings for
Class D exposure with 20mm nominal size of coarse aggregate,
slump at point and time of discharge maximum 100mm,
minimum 75mm, air content 5% to 7%. Water cement ration:
.45. Possolanic mineral admixtures: Pozzolith-normal.
2.
Provide certification that plant, equipment and all materials to
be used in concrete comply with the requirements of CAN/CSAA23.1-M90.
3.
Provide certification that mix proportions selected will produce
concrete of specified quality and yield and that strength will
comply with CAN/CSA-A23.1-M90, Clause 17.5.
4.
Obtain Owner’s Consultant’s approval before using chemical
admixtures other than those specified.
1.
Verify lines and levels before proceeding with formwork and
ensure dimensions agree with Drawings.
2.
Construct forms to produce finished concrete conforming to
shape, dimensions locations and levels indicated within
tolerances required by CAN/CSA-A23.1-M90.
3.
Construction falsework to CSA S269.1-1975.
4.
Obtain Owner’s Consultant’s approval for use of earth forms.
5.
Hand-trim sides and bottoms and remove loose earth from
earth forms before placing concrete.
6.
Align form joints and make watertight. Keep form joints to
minimum.
7.
Form chases, slots, openings, drips, recesses, expansion and
control joints as indicated.
PART THREE – EXECUTION
3.1 Form of Erection
Section 03 30 00
Page 3
3.2 Reinforcement Field
Bending
3.3 Placing Reinforcing
3.4 Workmanship
3.5 Inserts
8.
Leave formwork in place for 3 days after placing concrete.
9.
Re-use of formwork and falsework subject to requirements of
CAN/CSA-A.23.1-M90, Clause 11.9.
1.
Do not field bend reinforcement except where indicated or
authorised by Owner’s Consultant.
2.
When field bending is authorised, bend without heat, applying
a low and steady pressure.
3.
Replace bars which develop cracks or splits.
1.
Place reinforcing steel as indicated on reviewed shop drawings
and in accordance with CAN/CSA-A23.1-M90.
2.
Paint portion of dowel intended to move within hardened
concrete with one coat of lead or asphalt paint. When paint is
dry, apply a thick, even film of mineral lubricating grease.
3.
Obtain Owner’s Consultant’s approval of reinforcing steel and
position.
1.
Obtain Owner’s Consultant’s approval before placing
concrete. Provide 24 hours notice prior to placing of concrete.
2.
Place concrete in accordance with CAN/CSA-A23.1-M90.
3.
Ensure reinforcement and inserts are not disturbed during
concrete placement.
4.
Obtain Owner’s Consultant’s approval of proposed method of
protection of concrete during placing and curing in adverse
weather, prior to placing of concrete.
5.
Maintain accurate records of poured concrete items to
indicate date, location of pour, quality, air temperature and test
samples taken.
1.
Set sleeves, ties, anchor bolts, pipe hangers and other insert
openings and sleeves in concrete as required by other trades.
Sleeves, openings, etc., greater than 100 x 100mm not indicated
on drawings must be approved by Owner’s Consultant.
2.
Do not eliminate or displace reinforcement to accommodate
hardware. If inserts cannot be located as specified, obtain
approval of all modifications from Owner’s Consultant before
placing.
Section 03 30 00
Page 4
3.6 Finishing of Concrete
3.7 Defective Concrete
3.8 Inspection and Testing
1.
Finish concrete to CAN/CSA-A23.1-M90.
2.
Rub exposed sharp edges of concrete with carborundum to
produce 3mm radiused edges unless otherwise detailed.
1.
Remove damaged, defaced, blemished or otherwise defective
or unsatisfactory concrete and replace as directed by Owner’s
Consultant.
1.
Inspection and testing of concrete materials to be carried out
by a reputable testing laboratory. Copies of test results shall be
forwarded to the Owner’s Consultant immediately upon receipt
by the Contractor. Testing and inspections shall be paid for by
the Contractor.
2.
Re-testing: if test results indicate concrete to be deficient, retesting shall be paid for by the Contractor.
3.
Prepare one additional test cylinder during cold weather
concreting. Cure cylinder on job site under same conditions as
concrete it represents.
4.
Non-destructive methods for testing concrete shall be
according to CAN/CSA-A23.2-M90.
***************************END***************************
Concrete Curing
Section 03 37 00
Delaware Lions Park – Prefabricated skatepark
Page 1
1.1 Description
.1 Provide curing material for cast-in-place concrete flatwork, and
shotcrete walls (radial and angled).
1.2 Related Works
Specified Elsewhere
1.3 Submittals
.1 Section 03 30 00-Cast-In-Place Concrete.
.1 Submit samples and detailed technical data of products proposed
for curing use for Owner’s Representative’s approval.
.2 Submit certification that materials meet specification requirements.
1.4 Delivery and Storage
.1 Deliver materials in original sealed containers with seal and labels
intact. Store in dry place. Use materials out of original containers
only.
PART TWO – PRODUCTS
2.1
Materials
.1 MED-CURE-Concrete Curing Aid & Hardener, 1(800)342-5976
.2 Curing Agent: ASTM C 309, non-staining, water or soy based, low or
no Volatile Organic compound emitting, compatible with color
admixture.
3.1 Curing
.1 Protect concrete surfaces against rapid drying. Keep moist for
necessary amount of time to reach concrete strength and inhibit
moisture loss after placing.
.2 Curing Method: Spread curing paper over surfaces, lapping ends
and sides a minimum of four inches, and maintain in place by use of
suitable weights for necessary duration, then remove.
3.2 Clean Up
.1 Remove debris and trash resulting from specified work.
***************************END***************************
Precast Concrete Multi-Use Features
Section 03 01 00
Page 1
1.1 Quality Requirements
.1
Precast concrete units shall be designed and fabricated by an
experienced and acceptable precast concrete manufacturer.
The manufacturer shall have been regularly and continuously
engaged in the manufacture of precast concrete units similar to
that indicated in the project specifications or drawings for at
least 5 years and must have completed a minimum of (5) such
projects.
.2
Manufacturer must carry Product Liability Insurance in
accordance with CCDC-14: 2013 General Conditions, as
amended by the Supplementary General Conditions, and
provide proof of such insurance with bid.
.3
Manufacturer shall warranty equipment for a minimum of (15)
years.
.4
Equipment shall be manufactured in a quality controlled
environment.
.5
Equipment shall be produced in accordance with PCI Quality
Control Manual prior to and during production of products for a
given project.
.6
The precast concrete producer shall retain documentation
demonstrating compliance with the below subparagraphs.
.1
A slump test shall be performed for each 150 cu yd of
concrete produced per mix design, or once a day,
whichever comes first.
2
At least four compressive strength specimens shall be
made for each 150 cubic yards of concrete of each mix
design.
.3
Tests for air content shall be made on air-entrained, wetcast concrete for each 150 cu yd of concrete, per mix
design, but not less often than once each day when airentrained concrete is used.
.4
Tests for density (unit weight) shall be performed a
minimum of once per week to verify the yield of batch
mixes.
PART TWO – PRODUCT
REQUIREMENTS
2.1 General
.1
All precast manufacturers requesting approval of components
for use on this project must submit all information and
certifications as required and specified herein with the bid
submission for approval by owner or owner’s representative.
Submittal packages that do not include all the required
information will be returned and will not be considered for use.
Section 03 01 00
Page 2
PART THREE – CONCRETE
3.1 Precast Concrete
.1
Construction
•
Type III Portland Cement
•
Accelerators containing calcium chloride shall not be used in
precast concrete containing reinforcing steel or other
embedded metal items
•
Max ¾” aggregate
o
•
3.2 Characteristics
Aggregates shall not contain any substance which may
be deleteriously reactive with the alkalies in the cement
Precision molds: Precast concrete units shall not be removed
from the forms until the concrete reaches the compressive
strength for stripping required by the design
o
Up-side-down
• Consolidation: Mechanically vibrated
o
2-sided engineered molds filled with SCC
• Consolidation: Efforts are often not required when
using self-consolidating concrete.
•
Pre-cast indoors off-site at least two weeks prior to installation
•
Cured in temperature and humidity controlled environment
Compressive strength, ASTM
C109
28 days
65 MPa (9400 PSI)
Indirect traction strength, ASTM
C496
28 days
4,4 MPa
Flexural strength, ASTM C78
28 days
8,2 MPa
Elasticity module, ASTM C469
6 days
34,6 GPa
Poisson’s Ration, ASTM C469
6 days
0,237 (n)
Linear shrinkage, ASTM C157
55 days
-0,039 %
Water absorption, ASTM C642
28 days
6,2 %
Bulk Porosity, ASTM C642
28 days
13,8 %
Spacing for Air Bubbles, ASTM
C457
249 mm
Resistance to scaling, ASTM C671 :
Loss :
56 cycles 0,03 kg/m2
Vi sual Ev aluati on :
56 cycles 1 - A
Resistance to freezing & Thawing cycles, ASTM C666 :
Durability Factor : 373 cycles 108%
Mass Vari ati on : 373 cycles 99,8 %
Pri sms Expansi on : 373 cycles 0,015 %
•
Slump and Slump-flow
o 2-3” for concrete used in up-side-down molds
Section 03 01 00
Page 3
o 28” for SCC concrete used in two-sided molds
•
•
Self-consolidating concrete shall be placed in a manner in
which it flows and consolidates without segregation or air
entrapment
Air Entrainment shall follow chart below:
Nominal Maximum
Aggregate Size (in)
3/8
½
¾
Air Content %
Severe Exposure
6.0 to 9.0
5.5 to 8.5
4.5 to 7.5
Moderate Exposure
4.5 to 7.5
4.0 to 7.0
3.5 to 6.5
* For specified compressive strengths greater then 5000 psi, air
content may be
reduced 1%
3.3 Reinforcing
3.4 Finishing
•
#4 rebar steel reinforcing @ 16” o.c. grid steel reinforcing.
•
¼” and 1/8” welded wire mesh (WWM) steel reinforcing @ 6” o.c.
grid.
•
Synthetic Macro Fiber reinforcement (optional).
•
Minimum cover for all reinforcing shall be 1-1/2”.
•
Reinforcing shall be positioned as specified by the design and so
that the concrete cover conforms to requirements.
•
Cages of reinforcement shall be fabricated either by tying the bars,
wires or welded wire reinforcement into rigid assemblies or by
welding, where permissible, in accordance with AWS D1.4
•
Positive means shall be taken to assure that the reinforcement does
not move significantly during the casting operations.
•
Surfaces
o
3.5 Steel
All precast elements shall transition to the slab without the use of
transition plates
•
Joints shall be hand finished with non-shrinking cementitious grout
•
Shall be either Grade 304 stainless steel or galvanized steel
anchored at 12” o.c. with steel studs.
Owner or owner’s
representative shall choose desired material. If stainless steel is not
specifically requested (in writing) galvanized steel shall be used
because its sliding characteristics outperform stainless steel.
o Round Coping
• 2-3/8” OD pipe with seams and end caps welded and ground
smooth as required
o Square Coping
• 2”x2”x1/8” thick with seams welded and ground smooth as
required
Section 03 01 00
Page 4
•
2”x6”x1/8” thick plate optional
o BMX Plate
• 6”x1/8” welded behind the coping (optional)
o Grind Rails
• Rectangular – 6”x2”x1/8” thickness
• Round – 2” diameter Schedule 40
• Square – 2”x2”x1/8”
• Ends shall be capped and ground smooth
• 2” diameter steel tube supports shall be cast into the concrete
during pouring or anchored using stud-style interlocking
wedge anchors
3.6 Drawings
3.7 Certifications
.1 The drawings for standard precast concrete units shall be shop
drawings furnished by the precast concrete producer for approval
by the customer. Installation and construction information shall be
included on shop drawings. The precast concrete units shall be
produced in accordance with the approved drawings
.1 Upon request, the precast concrete producer shall supply copies of
material certifications and/or laboratory test reports, including mill
tests and all other test data, for Portland cement, silica fume,
aggregate, and admixtures for use on this project.
PART FOUR – STANDARDS
4.1 General
.1 All work shall comply with the following standards:
•
•
•
•
CSA (Canadian Standards Institute)
PCI (Precast/Prestressed Concrete Institute)
NPCA (National Precast Concrete Association)
CRSI (Concrete Reinforcing Steel Institute)
PART SIX – REFERENCES
5.1 General
.1 Where applicable, the latest editions of the following standards shall
form a part of this specification to the extent referenced. The
publications are referenced to in the text of this guide specification
by the basic designation only.
ACI INTERNATIONAL (ACI)
ACI 211.1
Standard Practice for Selecting Proportions
for Normal, Heavyweight, and Mass
Concrete
ACI 304R
Guide for Measuring, Mixing, Transporting,
and Placing Concrete
ACI 305R
Hot Weather Concreting
Section 03 01 00
Page 5
ACI 306R
Cold Weather Concreting
ACI 309R
Consolidation of Concrete
ACI 318
Building Code Requirements for
Structural Concrete
ASTM INTERNATIONAL (ASTM)
ASTM A1011
Specification for Carbon Structural Steel
ASTM A 82
Specification for Steel Wire, Plain, for
Concrete Reinforcement
ASTM A 185
Specification for Steel Welded
Reinforcement, Plain, for Concrete
ASTM C 33
Specification for Concrete Aggregates
ASTM C 39
Test Method for Compressive Strength of
Cylindrical Concrete Specimens
ASTM C 40
Test Method for Organic Impurities in Fine
Aggregates for Concrete
ASTM C 70
Standard Test Method for Surface Moisture in
Fine Aggregate
ASTM C 94
Specification for Ready-Mixed Concrete
ASTM C 117
Standard Test Method for Materials Finer
than 75-µm (No. 200) Sieve in Mineral
Aggregates by Washing
Wire
ASTM C 125
Standard Terminology Relating to Concrete
and Concrete Aggregates
ASTM C 136
Test Method for Sieve Analysis of Fine and
Coarse Aggregates
ASTM C 138
Test Method for Density (Unit Weight), Yield,
and Air Content (Gravimetric) of Concrete
ASTM C 143
Test Method for Slump of Hydraulic Cement
Concrete
ASTM C 150
Specification for Portland Cement
Section 03 01 00
Page 6
ASTM C 172
Standard Practice for Sampling Freshly Mixed
Concrete
ASTM C 173
Test Method for Air Content of Freshly Mixed
Concrete by Volumetric Method
ASTM C 192
Practice for Making and Curing Concrete
Test Specimens in the Laboratory
ASTM C 231
Test Method for Air Content of Freshly Mixed
Concrete by the Pressure Method
ASTM C 260
Specification for Air-Entraining Admixtures for
Concrete
ASTM C 494
Standard Specification
Admixtures for Concrete
ASTM C 566
Test Method for Total Evaporable Moisture
Content of Aggregate by Drying
ASTM C 617
Standard Practice for Capping Cylindrical
Concrete Specimens
ASTM C 618
for
Chemical
Specification for Coal Fly Ash and Raw or
Calcined Natural Pozzolan for Use as a
Mineral Admixture in Concrete
ASTM C 666
Test Method for Resistance of Concrete to
Rapid Freezing and Thawing
ASTM C 685
Specification for Concrete Made by
Volumetric Batching and Continuous Mixing
ASTM C 805
Test Method for Rebound Number of
Hardened Concrete
ASTM C 825
Specification for Precast Concrete Barriers
ASTM C 979
Specification for Pigments for Integrally
Colored Concrete
ASTM C 1064
Standard Test Method for Temperature of
Freshly Mixed Portland Cement Concrete
ASTM C 1107
Standard Specification for Packaged Dry,
Hydraulic-Cement Grout (Nonshrink)
Section 03 01 00
Page 7
ASTM C 1231
Standard Practice for Use of Unbonded Caps
in Determination of Compressive Strength of
Hardened Concrete Cylinders
ASTM C 1240
Standard Specification for Use of Silica Fume
for Use as a Mineral Admixture in HydraulicCement Concrete, Mortar, and Grout
ASTM C 1260
Standard Test Method for Potential Alkali
Reactivity of Aggregates (Mortar-Bar
Method)
ASTM C 1293
Standard Test Method for Determination of
Length Change of Concrete Due to AlkaliSilica Reaction
ASTM C 1602
Standard Specification for Mixing Water Used
in the Production of Hydraulic Cement
Concrete
ASTM C 1603
Standard Test Method for Measurement of
Solids in Water
ASTM C 1611
Standard Test Method for Slump Flow of SelfConsolidating Concrete
CONCRETE REINFORCING STEEL INSTITUTE (CRSI)
Manual of Standard Practice
Placing Reinforcing Bars
NATIONAL PRECAST CONCRETE ASSOCIATION (NPCA)
NPCA QC Manual
Quality Control Manual for Precast
Concrete Plants
PRECAST/PRESTRESSED CONCRETE INSTITUTE (PCI)
MNL-120
PCI Design Handbook
CANADIAN STANDARDS ASSOCIATION (CSA)
CSA-A23.1
Concrete Materials and Methods of
Concrete Construction
***************************END***************************
Rough Grading
Section 31 23 13
Page 1
1.2 Scope of Work
1.3 Testing
1.4 Protection
.1
The General Conditions and Division 1, General Instructions,
Special Requirements, are part of this Section and shall apply as if
written in full herein.
.1
Excavating as required for each item of this Contract.
.2
Backfilling as required for each item of this Contract.
.3
Finish rough grading as directed.
.1
Make work available for testing at any time and suspend
construction if so directed by the Owner’s Consultant until test
results are available.
.1
Protect all excavations from freezing and water. Supply and
operate as many pumps or other dewatering devices as are
necessary to keep excavations free of water at all times.
.2
Erect warning signs and protective barriers in accordance with all
applicable regulations.
.3
Locate and protect all buried services. The Contractor shall be
held responsible for all damages to utilities and structures resulting
from his work.
.4
Size, depth and location of existing utilities and structures as
indicated are for guidance only. Completeness and accuracy
are not guaranteed.
.5
Maintain and protect from damage, water, sewer, gas, electric,
telephone and other utilities and structures encountered (as
indicated). Obtain direction of Owner’s Consultant before moving
or otherwise disturbing utilities or structures.
.8
Protect existing buildings and surface features which may be
affected by work from damage while work is in progress and repair
damage resulting from work.
Section 31 23 13
Page 2
Rough Grading
PART TWO - PRODUCTS
2.1 Materials
.1
Granular 'A':
Clean, hard, durable sand, gravel or crushed stone, free from
shale, clay, friable materials, organic matter and other deleterious
substances when tested meet the following gradation
requirements.
.2
M.T.C. Sieve
Designation
% Passing
37.5 mm
16.0 mm
9.5 mm
4.75 mm
1.18 mm
300 um
75 um
100
62-100
48-73
33-55
15-45
5-22
0-8
Granular 'B':
Clean, hard, durable sand, gravel or crushed stone, free from
shale, clay, friable materials, organic matter and other deleterious
substances when tested meet the following gradation
requirements.
.3
M.T.C. Sieve
Designation
% Passing
160 mm
37.5 mm
22.4 mm
4.75 mm
1.18 mm
300 um
75 um
100
*
57-100
25-100
10-85
5-40
0-8
General Use of Materials:
a) Use appropriate materials as specified under Section of
Work.
c) Granular 'A' materials are to be used to backfill excavation,
unstable areas in existing subgrade, subject to the Owner’s
Consultant’s approval.
Rough Grading
Section 31 23 13
Page 3
d) Granular 'B' materials are to be used under areas to backfill
excavations of unstable areas in existing subgrade, subject
to the Owner’s Consultant’s approval.
.4
Stockpile fill materials in areas approved by Owner’s Consultant.
Stockpile granular materials in manner to prevent segregation.
.1
Prior to excavation, the Contractor shall arrange to have all
services staked out.
.2
The Contractor shall carefully excavate to the elevations and
dimensions indicated or required for the construction of the work.
.3
Remove concrete, masonry demolished foundations and rubble
and other non-functional obstructions encountered during
excavation.
.4
Keep excavations free of water while work is in progress, and
protect open excavations against flooding and damage due to
surface run-off.
.5
Excavation must not interfere with normal 45 degree splay of
bearing from bottom of any footing.
.6
Subsoil shall be compacted to 95% standard proctor density prior
to backfilling operations. Where bearing capacity of subsoil
appears to be insufficient, the Contractor shall obtain the written
approval of the Owner’s Consultant before doing any further work.
.7
All excavations shall be sufficiently shored and braced to prevent
caving-in and to adequately support existing structures, roads,
services and any other aspect of the work.
.8
Excavated materials shall be used for filling only if approved by the
.9
Notify Owner’s Consultant when soil at bottom of excavation
appears unsuitable and proceed as directed by the Owner’s
Consultant.
.10
Obtain Owner’s Consultant’s approval of completed
excavation.
.11
Remove unsuitable material from trench bottom to extent and
depth directed by Owner’s Consultant.
3.1 Excavation
Section 31 23 13
Page 4
Rough Grading
.12
Where required due to unauthorized over-excavation, correct as
follows:
a) Fill under bearing surfaces and footings with concrete specified
for footings.
b) Fill under other areas with Granular 'A' or 'B' fill compacted to
minimum of 98% Standard Proctor Density, as directed by
3.2 Backfilling
.14
Dispose of surplus and unsuitable excavated material in approved
location off site.
.1
Ensure that all areas to be backfilled are free of debris, snow, ice,
water, frozen ground, organic matter or other deleterious
substances.
.2
Backfilling around installations:
a) Place bedding and surround material as specified elsewhere.
b) Do not backfill around or over cast-in-place concrete within
24 hours after placing.
c) Place backfill simultaneously on either side of structures,
walks, etc., to equalize soil pressures.
d) Where temporary unbalanced earth pressures are liable to
develop on walls or other structures:
Permit concrete to cure for minimum 14 days or until it has
sufficient strength to withstand earth and compaction pressures
and obtain approval from Owner’s Consultant.
3.3 Testing
e)
Place material by hand under, around and over installations
until 600mm of cover is provided. Dumping material directly on
installations will not be permitted.
f)
Place backfill material in continuous horizontal layers not
exceeding 150mm in depth and compact filled and disturbed
areas to minimum Standard Proctor Density of 98%.
.1
Be responsible for inspection and testing of compaction.
.2
Make good any corrective work when settlement has occurred
due to insufficient compaction of subgrades.
.3
Inspection and testing of compaction will be carried out by
designated approved testing company or laboratory.
Rough Grading
Section 31 23 13
Page 5
3.4 Finish Rough Grading
3.5 Clean-Up
.4
Submit two (2) copies of inspection testing report to the Owner’s
Consultant.
.5
Make good any settlement or damage to other work under this
Contract caused by improper or inadequate compaction.
.1
The subgrade be compacted to a minimum dry density of 95%
Standard Proctor Density and evidence shall be provided for the
required compaction.
.2
The Contractor is responsible for finishing the rough grading to the
grades indicated on the shop drawings to the satisfaction of the
Owner’s Consultant and a maximum tolerance of +/- 25mm.
.3
Rough grades in sodded areas shall be finished 150mm below
finished grade.
.1
Do final cleaning upon completion of work of this Section.
***************************END***************************
Topsoil and Finish Grading
Section 32 91 21
Page 1
1.
The Definitions, Instructions to Bidders, and General Requirements
are part of this section and shall apply as if written in full herein.
1.
This section applies to screening, loading, hauling, spreading and
fine grading of topsoil excavated from the site.
1.
Schedule placing of topsoil and finish grading to permit sodding or
seeding operations.
1.
Contractor shall salvage onsite topsoil in quantities required for use
in the contract. All roots, rocks and debris over 50mm in diameter
must be removed prior to spreading.
2.
Clean up all contamination of existing paved areas both internal
and external to site on a daily basis.
1.
Have sub-grade approved by Owner’s Consultant prior to
commencing topsoil placement.
2.
Scarify sub-grade surface to a minimum depth of 75mm to
facilitate bonding. Do not spread topsoil when it is frozen or wet.
3.
Remove and dispose of all stones, sticks, sub-soil, lumps or other
debris in excess of 50mm diameter and all surface litter and live
weeds.
4.
Spread topsoil to a depth of 150mm over sodded areas or as
required to bring the soft landscaping areas up to grade as shown
on the grading plans.
5.
Maintain topsoil 15mm below top of curb, finished grades of
pavement, etc., to allow for sodding.
6.
Manually spread topsoil around existing trees and shrubs.
7.
Fine grade topsoil to eliminate rough and low areas to ensure
positive surface drainage, blend smoothly with adjacent finished
grade elevations and conform to the specified levels and profiles.
8.
Grade swales and ditches evenly to ensure positive runoff to
drainage inlets, without ponding and with smoothly rounded,
uniform side slopes.
PART TWO - MATERIALS
2.1 Existing Grade and
Material Source
2.2 Scheduling of Work
3.1 Topsoil Screening,
Loading and Hauling
3.2 Topsoil Spreading and
Fine Grading
Section 32 91 21
Page 2
Topsoil and Finish Grading
9.
Roll topsoil surface of all areas to be sodded to produce a smooth,
uniform surface that is firm against deep foot prints and with a fine,
loose texture.
10.
Have finished surfaces inspected by Owner’s Consultant before
sodding. Approval of finished grade shall not relieve the
Contractor of any Remedial Grading Works which may be
required.
11.
Dispose of surplus materials and debris off the site and clean up
soil contamination from all paved surfaces.
***************************END***************************
Sodding
Section 32 92 23
Page 1
1.1 Related Section
1.
2.
1.2 Transportation
1.3 Scheduling
Section 01 11 00 General Requirements.
Section 32 91 21 Topsoil and Finish Grading.
1.
Protect sod from drying out during transportation by covering with
tarpaulin.
2.
Lay sod immediately after arrival on job site, but no later than
within 36 hours of lifting.
3.
Do not lay broken and dried-out sod, but remove from site
immediately.
1.
Schedule sod laying to coincide with topsoil operations.
1.
Nursery Sod: Certified No. 1 Cultivated Turf Grass Sod, grown in
accordance with the metric "Guide Specification for Nursery
Stock", Section 17, 1984 edition, published by Canadian Nursery
Trades Association. Sod for playing areas to be supplied in large
rolls.
2.
Wood Pegs: 17 x 17 x 200mm.
3.
Water: Potable and free of materials which may be detrimental to
growth.
4.
Fertilizer: Complete synthetic, slow release fertilizers of approved
manufacture. They shall contain not less than 60% ureaformaldehyde and the following percentages by weight:
PART TWO - PRODUCTS
2.1 Materials
Nitrogen
Phosphoric Acid
Potash
10
10
10
0
20
10
5
20
20
Superphosphate must contain a minimum of 20% P2H5 and have
same approved prior to sodding.
All fertilizer shall be clearly marked with the name of manufacturer,
contents, weight and materials.
Fertilizer shall be stored in a weatherproof storage place and in
Section 32 92 23
Page 2
Sodding
such a manner that it will stay dry and its effectiveness will not be
impaired.
5.
Topsoil: Topsoil shall be from onsite stockpile and shall be a fertile,
friable, natural loam (A horizon layer), capable of sustaining vigorous
plant growth, free of subsoil contamination, roots and stones over
50mm diameter, reasonably free of weeds (as determined by the
Owner’s Consultant), and falling within the following guidelines:
1.
Have finish grade approved by Owner’s Consultant prior to
sodding.
2.
Where liming is required, apply ground limestone and work well
into topsoil before applying fertilizer.
3.
Be prepared to supply all necessary fertilizers to correct any
deficiencies indicated by the soil analysis. The Contract shall be
deemed to include the cost of soil amendments based on the
following minimum rates:
3.1 Laying of Sod
10-10-10
@
11.0
kg/100 sm, or
0-20-10
@
6.5
kg/100 sm, or
5-20-20
@
6.5
kg/100 sm, or
Superphosphate
@
13.5
kg/100 sm
4.
The specified fertilizer shall be applied to and well worked into
topsoil by discing, raking or harrowing. Fertilizer shall be applied
within 48 hours before laying sod.
5.
Lay sod immediately after arrival on site, but not later than within
36 hours of lifting.
6.
Do not install sod over frozen soil or at freezing temperatures, or
during excessively wet conditions.
7.
Install sod close-knit so that no open joints are visible and no
pieces are overlapping.
8.
Lay sod smooth and flush with adjoining grass areas, paving
surfaces and top of curbs.
9.
In swales and ditches, sod is to be installed perpendicular to
direction of water flow.
10.
Water sod immediately after laying to obtain moisture penetration
into top 100mm of topsoil.
Sodding
Section 32 92 23
Page 3
3.2 Laying of Pegged Sod
3.3 Protection
3.4 Maintenance
3.5 Preliminary
Acceptance
3.6 Final Acceptance
3.7 Guarantee
11.
After sod has dried sufficiently to prevent damage, roll area with
roller to provide close contact between sod and soil and to
remove irregularities.
1.
Lay sod section perpendicular to slopes steeper than 3:1 and
secure with wooden pegs. Place 3 pegs per m2, 100mm below
top edge to prevent shifting of sod and drive pegs flush with top of
sod level.
2.
In drainage swales, install 6 pegs around entire edge of each
square meter of sod.
1.
Install snow fence-type barriers in all areas which are subject to
trespassing and undue traffic.
2.
Maintain barriers and remove immediately after final inspection
and acceptance.
1.
Water sodded areas in sufficient quantities and at frequency
required to maintain soil under sod continuously moist to depth of
75 to 100mm.
2.
Cut grass to 40mm when it reaches height of 50mm. Remove
clippings which will smother grassed areas.
3.
Fertilize sodded areas one month after sodding with 2:1:1 ratio
fertilizer. Spread evenly at rate of 0.75 kg of nitrogen/100 square
meters and water in well.
1.
Substantial Completion will be granted provided that:
.1
.2
.3
.4
All sod is well established and in vigorous growing condition.
Sod is free of bare and dead spots and is without weeds.
No surface soil is visible when grass has been cut to 40mm height.
Sodded area has been cut a minimum of two (2) times.
1.
Final acceptance will be provided two years after Substantial
Completion provided that all sodded areas are well "knitted-in"
and in a condition equal to that at Substantial Completion with
allowance for normal wear and tear.
1.
Guarantee all sodded areas for one year after Substantial
Completion.
2.
During the guarantee period replace all sod that is bare, dead,
diseased, or has failed to establish.
***************************END***************************
Tree Preservation and Protection
Section 32 01 91
Page 1
1.2 General
1.
Section 31 23 13 Rough Grading.
2.
Section 32 91 21 Topsoil and Finish Grading.
1.
The General Conditions and Division 1, General Instructions, are
part of this Section and shall apply as if written herein.
1.
Type 1 Fill: Clean, angular, crusher run natural stone, free from
shale, clay, friable materials, roots and vegetable matter and
graded within the following limits:
PART TWO - PRODUCTS
2.1 Materials
Sieve Size
2"
3/4"
5/8"
No.4
No.16
No.40
No. 200
50 mm
19 mm
16 mm
9.5 mm
4.75 mm
425 micro m
75 micro m
Percent Passing
100
95 - 100
75 - 100
57 - 83
37 - 61
8 - 23
5 - 10
2.
Type 2 Fill: Clean, natural river sand gravel material, free from silt,
clay, loam, friable or soluble materials and vegetable matter.
3.
Washed Stones: 13mm (1/2") size, clear crushed or screened stone
aggregate.
4.
Draintile: 100mm (4") dia. corrugated plastic perforated tubing,
complete with snap couplings to CGSB 41-GP-31.
5.
Asphalt Felt: To C.S.A. A123.6-1953 (1970).
6.
Fertilizer: Complete commercial fertilizer 10-6-4 approved type
with 50 % elements derived from organic sources applied at a rate
of .5 kg. / 100sq. m.
7.
Wound Dressing:
Horticulturally accepted non-toxic, nonhardening emulsion.
1.
Apply fertilizer before revising grade.
2.
Install draintile on existing grade consisting of (8) spokes radiating
out from trunk to limit of branch spread. Slope tile slightly away
from trunk and connect end tiles at both ends of each spoke to
reach new grade level to provide aeration and means of
watering.
3.1 Raising Grade
(if required)
Section 32 01 91
Page 2
3.2 Lowering Grade
(if required)
3.3 Pruning
3.4 Protection
Tree Preservation and Protection
3.
Obtain Owner’s Consultant 's approval before backfilling draintile.
4.
Protect bark of buried portion of tree abrasion by wrapping trunk
with asphalted felt.
5.
Use Type 1 fill to cover 150mm (6") over and each side of draintile.
Use Type 2 fill for remainder of drainage course to min. depth of
150mm (6"). Fill vertical tiles with washed pebbles.
6.
Compact fill without disturbing or damaging buried draintile. Use
frost-free materials over frost-free ground conditions. Compact fill
to 80 % standard proctor density to ASTM D698-70.
1.
Cut slope from edge of branch spread to new grade
level/retaining wall at degree indicated around existing trees.
Build dike of topsoil for each tree at periphery of branch spread to
hold water where required.
2.
Protect If excavating through roots is required, excavate by hand
and cut roots with sharp axe or saw. Seal cut edges (10mm) in
diameter and larger with wound dressing.
3.
Apply fertilizer after excavation is backfilled and grading is
completed. Do not permit root system to dry out at any time.
1.
Thin out foliage of trees to reduce transpiration and compensate
for dieback of roots in fill conditions and damage to root system in
cut conditions.
1.
Prevent damage to fencing, trees, landscaping, natural features,
bench marks and site appurtenances which are to remain. Make
good any damage.
2.
Protect existing trees and shrubs adjacent to construction work,
storage areas and trucking lanes, with protective snow fencing
from grade level to height of two meters and placed at a distance
of 7m away from proposed structure.
3.
Protect roots of designated trees to drip line during excavation
and site grading to prevent disturbance or damage. Avoid
unnecessary traffic, dumping and storage of materials over root
zones.
4.
Minimize stripping of topsoil and restrict tree removal to areas
indicated or designated by Owner’s Consultant.
***************************END***************************
Delaware Lions Park
APPENDIX 1
SITE SURVEY
FOR INFORMATION ONLY
(NOT WARRANTED BY OWNER)
Delaware Lions Park
APPENDIX 2
EXISTING CONDITIONS, OPPORUNTIES & CONSTRAINTS PLAN
10m
19.81m
10m
25.91m
Delaware Lions Park
APPENDIX 3
Delaware Lions Park
APPENDIX 4
GEOTECHNICAL REPORT
February 2015
GEOTECHNICAL INVESTIGATION
Delaware Skate Park
York Street, Delaware, Ontario
Submitted to:
REPORT
Ms. Robin Campbell, OALA, CSLA
Senior Landscape Architect
Community Development
600-171 Queens Avenue
London, Ontario
N6A 5J7
Report Number:
1520458-R01
Distribution:
3 Copies- Stantec Consulting Ltd.
2 Copies - Golder Associates Ltd.
DELAWARE SKATE PARK
February 17, 2015
Project No. 1520458-R01
600-171 Queens Avenue
London, Ontario
N6A 5J7
Attention:
Ms. Robin Campbell, OALA, CSLA
DELAWARE SKATE PARK
YORK STREET
DELAWARE, ONTARIO
Dear Ms. Campbell:
This report presents the results of the geotechnical investigation carried out for the design of the new Delaware
Skate Park. The site is located at the intersection of York Street and Mill Creek Lane in Delaware, Ontario as
shown on the Key Plan, Figure 1.
The purpose of the investigation was to assess the subsurface soil and groundwater conditions at the site and to
provide geotechnical engineering recommendations for the design of the proposed skate park.
Authorization to proceed with the work was provided by Ms. Robin Campbell, OALA, CSLA of Stantec
Consulting Ltd. (Stantec).
Important information on the limitations of this report is attached.
1.0
SITE DESCRIPTION
The proposed skate park is to be located at the existing park southeast of the intersection of York Street and Mill
Creek Lane in Delaware, Ontario as shown on the Location Plan, Figure 1. The site is comprised of a gravel
surfaced parking area to the south and a grassed covered area with a low berm to the north. The ground surface
elevation in the area of the proposed facility ranges between about 213 and 215 metres.
The record of a borehole previously drilled by others was supplied by Stantec and reviewed prior to our site
investigation. The location of the borehole is shown on Figure 1 and the log is provided in Appendix A at the end
of this report.
February 2015
Report No. 1520458-R01
1
DELAWARE SKATE PARK
2.0
PROCEDURE
The field work for the investigation was carried out on February 3, 2015 during which time five augerholes were
advanced at the approximate locations shown on the Location Plan, Figure 1. The augerholes were advanced
by Golder Associates Ltd. (Golder) staff using manual drilling equipment. The subsurface conditions
encountered in the augerholes are detailed on the attached Table I.
All of the samples obtained during the investigation were brought to our laboratory for further examination and
classification testing. The results of the field and laboratory testing are presented in Table I and are shown on
Figure 2.
Groundwater conditions were observed in the augerholes during drilling. Upon completion of sampling and
testing, the augerholes were backfilled and abandoned.
Members of our engineering staff designated the augerhole locations in the field, obtained underground utility
clearances, logged the augerholes and cared for the samples obtained.
The ground surface elevations at the augerhole locations have been interpreted from topographic mapping
supplied by Stantec.
3.0
3.1
SUBSURFACE CONDITIONS
General
The subsurface conditions encountered in the augerholes drilled at the site are shown in detail in Table I. The
following discussion has been simplified in terms of major soil strata for the purposes of geotechnical design.
The soil boundaries have been inferred from non-continuous samples and observations of drilling resistance.
They may represent a transition from one soil type to another and should not necessarily be interpreted to
represent exact planes of geological change. Further, subsurface conditions may vary between and beyond the
augerhole locations.
In general, the augerholes encountered layers of surficial topsoil or fill material underlain by buried topsoil, peat,
sand, silty sand, sandy silt and sand and gravel.
3.2
3.2.1
Soil Conditions
Topsoil
Augerholes 103 to 105 encountered topsoil at the ground surface. The surficial topsoil layers were 200 to 910
millimetres thick at the augerhole locations. A layer of buried topsoil was encountered beneath the sand in
augerhole 101. The buried topsoil was about 80 millimetres thick.
3.2.2
Fill
Sand and gravel fill materials were encountered at the ground surface in augerholes 101 and 102 advanced in
the parking area. The fill materials were 340 and 280 millimetres thick, respectively. A layer of sand fill about 0.7
February 2015
2
DELAWARE SKATE PARK
metres was encountered beneath the granular fill is augerhole 101. The sand fill had a water content of about
12 per cent.
3.2.3
Sands
Layers of sand and silty sand were encountered beneath the topsoil in augerholes 101 and 103 to 105, beneath
the fill materials in augerhole 102 and beneath the sand and gravel in augerhole 102. Augerholes 101 to 103
were terminated in the sands at depths of 1.3 to 1.7 metres below ground surface. Where fully penetrated, the
sand layers were 0.3 to 1.4 metres thick. The sands had natural water contents of about 16 per cent. A grain
size distribution curve for a sample of the silty sand is provided on Figure 2. The presence of cobbles should be
anticipated in the sand layers.
3.2.4
Peat
A layer of fibrous peat was encountered beneath the sand in augerhole 105. The peat layer was about 0.6
metres thick. The sand layers in augerholes 101 and 105 were found to contain varying amounts of organics.
3.2.5
Sandy Silt
Sandy silt was encountered beneath the peat in augerhole 105. Augerhole 105 was terminated in the sandy silt
layer at a depth of 2.2 metres.
3.2.6
Sand and Gravel
Sand and gravel was encountered beneath the sands in augerholes 102 and 104. The sand and gravel layers
were 0.2 and 0.6 metres thick, respectively, with natural water contents of about 8 to 9 per cent.
3.3
Groundwater Conditions
Groundwater levels were observed in the augerholes during drilling. The encountered groundwater levels are
shown on Table I.
Groundwater seepage was encountered in augerhole 104 at a depth of about 1.9 metres below ground surface
or at about elevation 212.1 metres. All remaining boreholes were dry during drilling.
Groundwater levels should be expected to fluctuate seasonally and in response to significant precipitation
events.
February 2015
3
DELAWARE SKATE PARK
4.0
4.1
DISCUSSION
General
This section of the report provides recommendations based on our interpretation of the factual information
obtained during the investigation and is intended for the guidance of the design engineer. Where comments are
made on construction, they are provided only to highlight those aspects which could affect the design of the
project. Those requiring information on aspects of construction should make their own interpretation of the
factual information provided as it may affect equipment selection, proposed construction methods and
scheduling.
Based on the information provided, it is understood that the proposed skate park will be about 20 metres by 20
metres in plan consisting of concrete pathways and ramps extending from the existing parking area to the north.
4.2
Excavations
Based on the results of the augerholes, excavations for the new skate park will encounter surficial topsoil or fill
materials underlain by buried topsoil, peat, sand, silty sand, sandy silt and sand and gravel. For classification
purposes, the sand, silty sand, sandy silt and sand and gravel would be classified as Type 2 soils. The fill,
buried topsoil and peat would be considered Type 3 soils.
All unsupported excavations should be carried out in accordance with the current Occupational Health and
Safety Act (OHSA). Unsupported excavation side slopes should not exceed an inclination of 1 horizontal to 1
vertical. In some areas, it may be necessary to flatten and/or blanket the excavation side slopes with clear stone
for stability.
Based on the conditions encountered in the augerholes, it is considered that groundwater flows into shallow
excavations will be minor and can be adequately controlled by pumping from properly constructed and filtered
sumps, as required. Care should be taken to direct all surface water away from open excavations.
4.3
Foundations
Based on the results of the investigation, the proposed skate park may be founded on the native sand or silty
sand at a depth of 1.2 metres below the ground surface. Foundations bearing on the undisturbed native sand or
silty sand may be designed using a factored geotechnical resistance at Ultimate Limit States (ULS) of 120
kilopascals (kPa) and a geotechnical reaction at Serviceability Limit States (SLS) of 75 kPa. Care will be
required to ensure that all fill, peat and organic materials are removed and the founding soils compacted with a
plate tamper. Any subexcavation, if required, should be restored with lean mix concrete or engineered fill, as
described below.
The founding soils are susceptible to disturbance due to water seepage and/or ponding, therefore, the concrete
for the foundations should be poured immediately after inspection and approval of the founding conditions by the
geotechnical engineer.
February 2015
4
DELAWARE SKATE PARK
4.4
Engineered Fill
It is recommended that any engineered fill required on the site consist of sand and gravel meeting the gradation
requirements for Ontario Provincial Standard Specifications (OPSS) Granular B Type III or approved granular
material. Following removal of all organic materials and any loose, softened or excessively wet materials, the
exposed subgrade should be proofrolled under the direction of the geotechnical engineer. The fill materials
should be placed in horizontal maximum loose lift thicknesses of 200 millimetres uniformly compacted to at least
98 per cent of standard Proctor maximum dry density (SPMDD).
Engineered fill for foundations should extend beyond the foundations a minimum of one metre plus the depth of
the fill. Foundations bearing on the engineered fill may be designed using a factored geotechnical resistance at
ULS of 225 kPa and a geotechnical reaction of SLS of 150 kPa.
Full-time geotechnical inspection and testing will be required during construction of all engineered fill to ensure
that the subgrade is properly prepared, that suitable fill materials are utilized and that the specified degree of
compaction is consistently achieved.
4.5
Slab-on-Grade
Prior to pouring the concrete for slabs on grade, all topsoil and any other deleterious materials should be
removed. The exposed subgrade should be inspected by the geotechnical engineer and remedial work carried
out on any softened or disturbed zones as directed. The area should be brought up to within 150 millimetres of
the underside of the slab, as required, using Granular B Type III or approved granular material placed in 200
millimetre loose lifts and uniformly compacted to 98 per cent of standard Proctor maximum dry density. The final
lift of granular fill beneath the concrete slabs should consist of 150 millimetres of Granular A uniformly
compacted to 98 per cent of standard Proctor maximum dry density.
Unless deformation of the slab-on-grade structure due to differential frost movements can be tolerated, the
provision of adequate frost cover/protection will be required. Such protection could be provided by placing 1.2
metres of properly drained granular material below the slab or by placing 75 millimetres of rigid styrofoam
insulation below the concrete slab. Either of these treatments should extend at least 1.0 metres beyond the
edge(s) of the slab.
All slabs-on-grade should be provided with suitable drainage and proper expansion and contraction joints.
5.0
GEOTECHNICAL INSPECTIONS AND TESTING
A regular program of geotechnical inspections and materials testing should be carried out during construction to
confirm that the conditions being encountered are consistent with the results of the augerholes, to determine that
the intent of the design recommendations provided are being met and that the various project specifications are
being consistently achieved.
February 2015
5
DELAWARE SKATE PARK
We trust that this report provides all of the geotechnical information presently required. Should any point require
further clarification, or if we can be of additional assistance, please contact this office.
GOLDER ASSOCIATES LTD.
Brett Thorner, E.I.T.
Azmi M. Hammoud, P.Eng.
BT/DJM/AHM/cr
Attachments:
Limitations
Method of Soil Classification
Symbols and Terms Used on Records of Boreholes and Test Pits
List of Symbols
Table I
Figures 1 and 2
Appendix A
Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation.
n:\active\2015\3 proj\1520458 stantec-inv-skate park-delaware\8-correspondence\5-rpts\1520458-r01 feb 13 15 (final) geo inv-delaware skate park.docx
February 2015
6
IMPORTANT INFORMATION AND LIMITATIONS OF THIS REPORT
Standard of Care: Golder Associates Ltd. (Golder) has prepared this report in a manner consistent with that
level of care and skill ordinarily exercised by members of the engineering and science professions currently
practising under similar conditions in the jurisdiction in which the services are provided, subject to the time limits
and physical constraints applicable to this report. No other warranty, expressed or implied is made.
Basis and Use of the Report: This report has been prepared for the specific site, design objective,
development and purpose described to Golder by the Client. The factual data, interpretations and
recommendations pertain to a specific project as described in this report and are not applicable to any other
project or site location. Any change of site conditions, purpose, development plans or if the project is not initiated
within eighteen months of the date of the report may alter the validity of the report. Golder can not be
responsible for use of this report, or portions thereof, unless Golder is requested to review and, if necessary,
revise the report.
The information, recommendations and opinions expressed in this report are for the sole benefit of the Client. No
other party may use or rely on this report or any portion thereof without Golder’s express written consent. If the
report was prepared to be included for a specific permit application process, then upon the reasonable request
of the client, Golder may authorize in writing the use of this report by the regulatory agency as an Approved User
for the specific and identified purpose of the applicable permit review process. Any other use of this report by
others is prohibited and is without responsibility to Golder. The report, all plans, data, drawings and other
documents as well as all electronic media prepared by Golder are considered its professional work product and
shall remain the copyright property of Golder, who authorizes only the Client and Approved Users to make
copies of the report, but only in such quantities as are reasonably necessary for the use of the report by those
parties. The Client and Approved Users may not give, lend, sell, or otherwise make available the report or any
portion thereof to any other party without the express written permission of Golder. The Client acknowledges that
electronic media is susceptible to unauthorized modification, deterioration and incompatibility and therefore the
Client can not rely upon the electronic media versions of Golder’s report or other work products.
The report is of a summary nature and is not intended to stand alone without reference to the instructions given
to Golder by the Client, communications between Golder and the Client, and to any other reports prepared by
Golder for the Client relative to the specific site described in the report. In order to properly understand the
suggestions, recommendations and opinions expressed in this report, reference must be made to the whole of
the report. Golder can not be responsible for use of portions of the report without reference to the entire report.
Unless otherwise stated, the suggestions, recommendations and opinions given in this report are intended only
for the guidance of the Client in the design of the specific project. The extent and detail of investigations,
including the number of test holes, necessary to determine all of the relevant conditions which may affect
construction costs would normally be greater than has been carried out for design purposes. Contractors bidding
on, or undertaking the work, should rely on their own investigations, as well as their own interpretations of the
factual data presented in the report, as to how subsurface conditions may affect their work, including but not
limited to proposed construction techniques, schedule, safety and equipment capabilities.
Soil, Rock and Groundwater Conditions: Classification and identification of soils, rocks, and geologic units
have been based on commonly accepted methods employed in the practice of geotechnical engineering and
related disciplines. Classification and identification of the type and condition of these materials or units involves
judgment, and boundaries between different soil, rock or geologic types or units may be transitional rather than
abrupt. Accordingly, Golder does not warrant or guarantee the exactness of the descriptions.
June, 2010
1 of 2
IMPORTANT INFORMATION AND LIMITATIONS OF THIS REPORT
Special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions and
even a comprehensive investigation, sampling and testing program may fail to detect all or certain subsurface
conditions. The environmental, geologic, geotechnical, geochemical and hydrogeologic conditions that Golder
interprets to exist between and beyond sampling points may differ from those that actually exist. In addition to
soil variability, fill of variable physical and chemical composition can be present over portions of the site or on
adjacent properties. The professional services retained for this project include only the geotechnical aspects of
the subsurface conditions at the site, unless otherwise specifically stated and identified in the report. The
presence or implication(s) of possible surface and/or subsurface contamination resulting from previous activities
or uses of the site and/or resulting from the introduction onto the site of materials from off-site sources are
outside the terms of reference for this project and have not been investigated or addressed.
Soil and groundwater conditions shown in the factual data and described in the report are the observed
conditions at the time of their determination or measurement. Unless otherwise noted, those conditions form the
basis of the recommendations in the report. Groundwater conditions may vary between and beyond reported
locations and can be affected by annual, seasonal and meteorological conditions. The condition of the soil, rock
and groundwater may be significantly altered by construction activities (traffic, excavation, groundwater level
lowering, pile driving, blasting, etc.) on the site or on adjacent sites. Excavation may expose the soils to changes
due to wetting, drying or frost. Unless otherwise indicated the soil must be protected from these changes during
construction.
Sample Disposal: Golder will dispose of all uncontaminated soil and/or rock samples 90 days following issue of
this report or, upon written request of the Client, will store uncontaminated samples and materials at the Client’s
expense. In the event that actual contaminated soils, fills or groundwater are encountered or are inferred to be
present, all contaminated samples shall remain the property and responsibility of the Client for proper disposal.
Follow-Up and Construction Services: All details of the design were not known at the time of submission of
Golder’s report. Golder should be retained to review the final design, project plans and documents prior to
construction, to confirm that they are consistent with the intent of Golder’s report.
During construction, Golder should be retained to perform sufficient and timely observations of encountered
conditions to confirm and document that the subsurface conditions do not materially differ from those interpreted
conditions considered in the preparation of Golder’s report and to confirm and document that construction
activities do not adversely affect the suggestions, recommendations and opinions contained in Golder’s report.
Adequate field review, observation and testing during construction are necessary for Golder to be able to provide
letters of assurance, in accordance with the requirements of many regulatory authorities. In cases where this
recommendation is not followed, Golder’s responsibility is limited to interpreting accurately the information
encountered at the borehole locations, at the time of their initial determination or measurement during the
preparation of the Report.
Changed Conditions and Drainage: Where conditions encountered at the site differ significantly from those
anticipated in this report, either due to natural variability of subsurface conditions or construction activities, it is a
condition of this report that Golder be notified of any changes and be provided with an opportunity to review or
revise the recommendations within this report. Recognition of changed soil and rock conditions requires
experience and it is recommended that Golder be employed to visit the site with sufficient frequency to detect if
conditions have changed significantly.
Drainage of subsurface water is commonly required either for temporary or permanent installations for the
project. Improper design or construction of drainage or dewatering can have serious consequences. Golder
takes no responsibility for the effects of drainage unless specifically involved in the detailed design and
construction monitoring of the system.
June, 2010
2 of 2
METHOD OF SOIL CLASSIFICATION
The Golder Associates Ltd. Soil Classification System is based on the Unified Soil Classification System (USCS)
GRAVELS
(>50% by mass of
coarse fraction is
larger than 4.75 mm)
SANDS
(≥50% by mass of
coarse fraction is
smaller than 4.75 mm)
COARSE-GRAINED SOILS
(˃50% by mass is larger than 0.075 mm)
Gravels
with
≤12%
fines
(by mass)
Gravels
with
>12%
fines
(by mass)
Sands
with
≤12%
fines
(by mass)
Sands
with
>12%
fines
(by mass)
(Non-Plastic or PI and LL plot
below A-Line
on Plasticity
Chart below)
(PI and LL plot
above A-Line on
Plasticity Chart
below)
SILTS
Type of Soil
CLAYS
FINE-GRAINED SOILS
INORGANIC
Type of Soil
Gradation
or Plasticity
𝑪𝒖 =
Poorly
Graded
Well Graded
𝑫𝟔𝟎
𝑫𝟏𝟎
𝑪𝒄 =
(𝑫𝟑𝟎 )𝟐
𝑫𝟏𝟎 𝒙𝑫𝟔𝟎
Organic
Content
USCS Group
Symbol
Group Name
<4
≤1 or ≥3
GP
GRAVEL
≥4
1 to 3
GW
GRAVEL
Below A
Line
n/a
GM
SILTY
GRAVEL
Above A
Line
n/a
GC
CLAYEY
GRAVEL
≤30%
Poorly
Graded
<6
≤1 or ≥3
SP
SAND
Well Graded
≥6
1 to 3
SW
SAND
Below A
Line
n/a
SM
SILTY SAND
Above A
Line
n/a
SC
CLAYEY
SAND
Field Indicators
Soil
Group
HIGHLY
ORGANIC
SOILS
(Organic
Content >30%
by mass)
(Organic Content ≤30% by mass)
Organic
or
Inorganic
Soil
Group
(≥50% by mass is smaller than 0.075 mm)
INORGANIC
(Organic Content ≤30% by mass)
Organic
or
Inorganic
Laboratory
Tests
Toughness
(of 3 mm
thread)
N/A (can’t
roll 3 mm
thread)
Organic
Content
USCS Group
Symbol
Primary
Name
<5%
ML
SILT
3mm to
6 mm
None to low
<5%
ML
CLAYEY SILT
Dull to
slight
3mm to
6 mm
Low
5% to
30%
OL
ORGANIC
SILT
Low to
medium
Slight
3mm to
6 mm
Low to
medium
<5%
MH
CLAYEY SILT
None
Medium
to high
Dull to
slight
1 mm to
3 mm
Medium to
high
5% to
30%
OH
ORGANIC
SILT
Liquid Limit
<30
None
Low to
medium
Slight
to shiny
~ 3 mm
Low to
medium
CL
SILTY CLAY
Liquid Limit
30 to 50
None
Medium
to high
Slight
to shiny
1 mm to
3 mm
CI
SILTY CLAY
CH
CLAY
Dilatancy
Dry
Strength
Shine
Test
Thread
Diameter
Rapid
None
None
>6 mm
Slow
None to
Low
Dull
Slow to
very slow
Low to
medium
Slow to
very slow
Liquid Limit
<50
Liquid Limit
≥50
Liquid Limit
≥50
None
High
Shiny
<1 mm
Medium
0%
to
30%
High
(see
Note 2)
Peat and mineral soil
mixtures
30%
to
75%
Predominantly peat,
may contain some
mineral soil, fibrous or
amorphous peat
75%
to
100%
SILTY PEAT,
SANDY PEAT
PT
PEAT
Dual Symbol — A dual symbol is two symbols separated
by a hyphen, for example, GP-GM, SW-SC and CL-ML.
For non-cohesive soils, the dual symbols must be used
when the soil has between 5% and 12% fines (i.e. to
identify transitional material between “clean” and “dirty”
sand or gravel.
For cohesive soils, the dual symbol must be used when the
liquid limit and plasticity index values plot in the CL-ML area
of the plasticity chart (see Plasticity Chart at left).
Note 1 – Fine grained materials with PI and LL that plot in this area are named (ML) SILT with
slight plasticity. Fine-grained materials which are non-plastic (i.e. a PL cannot be measured) are
named SILT.
Note 2 – For soils with <5% organic content, include the descriptor “trace organics” for soils with
between 5% and 30% organic content include the prefix “organic” before the Primary name.
January 2013
G-1
Borderline Symbol — A borderline symbol is two symbols
separated by a slash, for example, CL/CI, GM/SM, CL/ML.
A borderline symbol should be used to indicate that the soil
has been identified as having properties that are on the
transition between similar materials.
In addition, a
borderline symbol may be used to or indicates a range of
similar soil types within a stratum.
ABBREVIATIONS AND TERMS USED ON RECORDS OF
BOREHOLES AND TEST PITS
SAMPLES
PARTICLE SIZES OF CONSTITUENTS
Soil
Constituent
BOULDERS
COBBLES
GRAVEL
SAND
SILT/CLAY
Particle Size
Description
Not
Applicable
Not
Applicable
Coarse
Fine
Coarse
Medium
Fine
Classified by
plasticity
Millimetres
Inches
(US Std. Sieve Size)
> 12 to 35
> 5 to 12
≤5
Auger sample
BS
Block sample
CS
Chunk sample
DO or DP
Seamless open ended, driven or pushed tube
sampler – note size
>300
>12
75 to 300
3 to 12
DS
Denison type sample
19 to 75
4.75 to 19
2.00 to 4.75
0.425 to 2.00
0.075 to 0.425
0.75 to 3
(4) to 0.75
(10) to (4)
(40) to (10)
(200) to (40)
FS
Foil sample
RC
Rock core
SC
Soil core
SS
Split spoon sampler – note size
<0.075
< (200)
ST
Slotted tube
TO
Thin-walled, open – note size
TP
Thin-walled, piston – note size
WS
Wash sample
MODIFIERS FOR SECONDARY AND MINOR CONSTITUENTS
Percentage
Modifier
by Mass
>35
AS
SOIL TESTS
Use 'and' to combine major constituents
(i.e., SAND and GRAVEL, SAND and CLAY)
Primary soil name prefixed with "gravelly, sandy, SILTY,
CLAYEY" as applicable
w
water content
PL , wp
plastic limit
LL , wL
liquid limit
some
C
consolidation (oedometer) test
CHEM
chemical analysis (refer to text)
CID
consolidated isotropically drained triaxial test1
CIU
consolidated isotropically undrained triaxial test with
porewater pressure measurement1
DR
relative density (specific gravity, Gs)
DS
direct shear test
GS
specific gravity
M
sieve analysis for particle size
MH
combined sieve and hydrometer (H) analysis
MPC
Modified Proctor compaction test
SPC
Standard Proctor compaction test
OC
organic content test
SO4
concentration of water-soluble sulphates
UC
unconfined compression test
UU
unconsolidated undrained triaxial test
V (FV)
field vane (LV-laboratory vane test)
γ
unit weight
trace
PENETRATION RESISTANCE
Standard Penetration Resistance (SPT), N:
The number of blows by a 63.5 kg (140 lb) hammer dropped 760 mm (30 in.)
required to drive a 50 mm (2 in.) split-spoon sampler for a distance of 300 mm
(12 in.).
Cone Penetration Test (CPT)
An electronic cone penetrometer with a 60° conical tip and a project end area of
10 cm2 pushed through ground at a penetration rate of 2 cm/s. Measurements of
tip resistance (qt), porewater pressure (u) and sleeve frictions are recorded
electronically at 25 mm penetration intervals.
Dynamic Cone Penetration Resistance (DCPT); Nd:
The number of blows by a 63.5 kg (140 lb) hammer dropped 760 mm (30 in.) to
drive uncased a 50 mm (2 in.) diameter, 60° cone attached to "A" size drill rods for
a distance of 300 mm (12 in.).
PH:
Sampler advanced by hydraulic pressure
PM:
Sampler advanced by manual pressure
WH:
Sampler advanced by static weight of hammer
WR:
Sampler advanced by weight of sampler and rod
1.
Tests which are anisotropically consolidated prior to shear are
shown as CAD, CAU.
NON-COHESIVE (COHESIONLESS) SOILS
COHESIVE SOILS
2
Compactness
Term
Very Loose
Loose
Compact
Dense
Very Dense
Consistency
SPT ‘N’ (blows/0.3m)1
0-4
4 to 10
10 to 30
30 to 50
>50
Term
1. SPT ‘N’ in accordance with ASTM D1586, uncorrected for overburden
pressure effects.
2. Definition of compactness descriptions based on SPT ‘N’ ranges from
Terzaghi and Peck (1967) and correspond to typical average N60 values.
Term
Field Moisture Condition
Description
Very Soft
Soft
Firm
Stiff
Very Stiff
Hard
1.
Undrained Shear
Strength (kPa)
<12
12 to 25
25 to 50
50 to 100
100 to 200
>200
SPT ‘N’1
(blows/0.3m)
0 to 2
2 to 4
4 to 8
8 to 15
15 to 30
>30
SPT ‘N’ in accordance with ASTM D1586, uncorrected for overburden pressure
effects; approximate only.
Term
Water Content
Description
Soil flows freely through fingers.
w < PL
Material is estimated to be drier than the Plastic
Limit.
Moist
Soils are darker than in the dry condition and
may feel cool.
w ~ PL
Material is estimated to be close to the Plastic
Limit.
Wet
As moist, but with free water forming on hands
when handled.
w > PL
Material is estimated to be wetter than the Plastic
Limit.
Dry
January 2013
G-2
LIST OF SYMBOLS
Unless otherwise stated, the symbols employed in the report are as follows:
I.
GENERAL
π
ln x
log10
g
t
3.1416
natural logarithm of x
x or log x, logarithm of x to base 10
acceleration due to gravity
time
II.
STRESS AND STRAIN
γ
∆
ε
εv
η
υ
σ
σ′
σ′vo
σ1,
σ3
σoct
shear strain
change in, e.g. in stress: ∆ σ
linear strain
volumetric strain
coefficient of viscosity
Poisson’s ratio
total stress
effective stress (σ′ = σ - u)
initial effective overburden stress
σ2, principal stress (major, intermediate,
minor)
mean stress or octahedral stress
= (σ1 + σ2 + σ3)/3
shear stress
porewater pressure
modulus of deformation
shear modulus of deformation
bulk modulus of compressibility
τ
u
E
G
K
(a)
w
wl or LL
wp or PL
lp or PI
ws
IL
IC
emax
emin
ID
Index Properties (continued)
water content
liquid limit
plastic limit
plasticity index = (wl – wp)
shrinkage limit
liquidity index = (w – wp) / Ip
consistency index = (wl – w) / Ip
void ratio in loosest state
void ratio in densest state
density index = (emax – e) / (emax - emin)
(formerly relative density)
(b)
h
q
v
i
k
Hydraulic Properties
hydraulic head or potential
rate of flow
velocity of flow
hydraulic gradient
hydraulic conductivity
(coefficient of permeability)
seepage force per unit volume
j
(c)
Cc
Tv
U
σ′p
OCR
Consolidation (one-dimensional)
compression index
(normally consolidated range)
recompression index
(over-consolidated range)
swelling index
secondary compression index
coefficient of volume change
coefficient
of
consolidation
(vertical
direction)
coefficient of consolidation (horizontal
direction)
time factor (vertical direction)
degree of consolidation
pre-consolidation stress
over-consolidation ratio = σ′p / σ′vo
(d)
τp, τr
φ′
δ
µ
c′
c u, s u
p
p′
q
qu
St
Shear Strength
peak and residual shear strength
effective angle of internal friction
angle of interface friction
coefficient of friction = tan δ
effective cohesion
undrained shear strength (φ = 0 analysis)
mean total stress (σ1 + σ3)/2
mean effective stress (σ′1 + σ′3)/2
(σ1 - σ3)/2 or (σ′1 - σ′3)/2
compressive strength (σ1 - σ3)
sensitivity
Cr
Cs
Cα
mv
cv
ch
III.
SOIL PROPERTIES
(a)
ρ(γ)
ρd(γd)
ρw(γw)
ρs(γs)
γ′
Index Properties
bulk density (bulk unit weight)*
dry density (dry unit weight)
density (unit weight) of water
density (unit weight) of solid particles
unit weight of submerged soil
(γ′ = γ - γw)
relative density (specific gravity) of solid
particles (DR = ρs / ρw) (formerly Gs)
void ratio
porosity
degree of saturation
DR
e
n
S
*
Density symbol is ρ. Unit weight symbol is γ
where γ = ρg (i.e. mass density multiplied by
acceleration due to gravity)
January 2013
Notes: 1
2
G-3
τ = c′ + σ′ tan φ′
shear strength = (compressive strength)/2
February 2015
1520458-R01
Page 1 of 2
TABLE I
SUMMARY OF AUGERHOLES
Geotechnical Investigation
Delaware Skate Park
York Street, Delaware, Ontario
AUGERHOLE
ELEVATION
(m)
DEPTH
(m)
101
213.7
0.00 to 0.34
0.34 to 1.07
1.07 to 1.15
1.15 to 1.30
FILL – sand and gravel, trace silt, Brown
FILL – Sand, fine to medium, trace gravel; Brown
TOPSOIL, silty; Black
SP – SAND, fine to medium, some gravel with
organics; Brown
0.00 to 0.28
0.28 to 0.61
0.61 to 0.82
0.82 to 1.52
FILL – sand and gravel, some silt, Brown
SM – SILTY SAND, trace gravel; Brown
SM/GM – SILTY SAND AND GRAVEL; Brown
cobbles; Brown
0.00 to 0.91
0.91 to 1.42
1.42 to 1.66
TOPSOIL, silty, trace sand , trace gravel; Brown
SM – SILTY SAND; Brown
cobbles; Brown
0.00 to 0.22
0.22 to 1.42
1.42 to 2.00
TOPSOIL, sandy; Brown
SM – SAND, fine to medium, some silt; Brown
GM/SM –SAND AND GRAVEL, some silt; Brown
102
103
104
214.1
214.4
214.0
STRATIGRAPHY
Golder Associates
WATER CONTENT
(%)
REMARKS
Augerhole dry during drilling.
11.8
15.9
8.6
15.9
For grading, see Figure 2.
Minor water seepage at 1.85m
Depth.
8.0
Table I Continued
1520458-R01
Page 2 of 2
SUMMARY OF BOREHOLES
AUGERHOLE
ELEVATION
(m)
DEPTH
(m)
105
213.2
0.00 to 0.20
0.20 to 1.31
1.31 to 1.55
1.55 to 2.11
2.11 to 2.15
NOTES:
STRATIGRAPHY
WATER CONTENT
(%)
TOPSOIL, sandy; Brown
SM – SILTY SAND; Brown
SM – SAND, fine to medium, some silt, trace gravel
with roots and organics; Brown
PEAT, fibrous; Black
ML – SANDY SILT, trace clay, trace gravel; Grey
1. Augerholes drilled February 3, 2015.
2. For augerhole locations, see Location Plan, Figure 1.
3. Augerhole elevations were estimated from topographic mapping supplied by Stantec Consulting Ltd.
3. Table to be read in conjunction with accompanying report.
N:\active\2015\3 Proj\1520458 STANTEC-INV-SKATE PARK-DELAWARE\8-Correspondence\5-Rpts\1520458-R01 Feb 13 15 tbl i-delaware skate park.docx
Golder Associates
REMARKS
Prepared By:
Checked By:
BT
AMH
Size of openings, inches
6
4
3
1.5
1 3/4
U.S.S. Sieve Size, meshes/inch
1/2 3/8
3
4
8 10
16 20 30 40 5060
100
200
100
90
PERCENT FINER THAN
80
70
60
50
40
30
20
10
0
100
10
1
0.1
0.01
0.001
0.0001
GRAIN SIZE, mm
Cobble
Size
coarse
fine
GRAVEL SIZE
coarse
medium
fine
SILT AND CLAY
SAND SIZE
LEGEND
SYMBOL
BOREHOLE
SAMPLE
DEPTH (m)
AH-103
4
1.1
LDN_GSD GLDR_LDN.GDT 12/02/15
PROJECT
DELAWARE SKATE PARK
YORK STREET
DELAWARE, ONTARIO
TITLE
GRAIN SIZE DISTRIBUTION
SILTY SAND
PROJECT No.
1520458
SCALE
DRAWN
CHECK
LMK
Feb 12/15
1520458-R01002
FILE No.
N/A
FIGURE
REV.
2
DELAWARE SKATE PARK
APPENDIX A
Record of Previous Borehole by Others
February 2015
Golder Associates Ltd.
309 Exeter Road, Unit #1
London, Ontario, N6L 1C1
Canada
T: +1 (519) 652 0099

Municipality of Middlesex Centre Community Services Department

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