The URL can be used to link to this page

2015-178 Agreement with CEC Services - Emergency Generator UpgradesThe Corporation of the Township of Oro-Medonte By -Law No. 2015-178 A By -Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and CEC Services Limited for Oro-Medonte Administrative Centre Emergency Generator Upgrades (Tender RC2015-01) Whereas the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; And Whereas Council for The Corporation of the Township of Oro-Medonte declared, by Motion No. C150923-15, the successful bidder of Tender RC2015-01 to be CEC Services Limited; And Whereas Council deems it expedient to enter into an agreement for Tender RC2015-01, for Oro-Medonte Administrative Centre Emergency Generator Upgrades; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Agreement for Tender RC2015-01 attached hereto as Schedule "A" and forming part of this By -Law. 2. And That this by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 14th day of October, 2015. The Corporation of the Township of Oro-Medonte , H.$: H Schedule to By -Law No, 490 �' % AGREEMENT BETWEEN OWNER AND TRADE CONTRACTOR FOR CONSTRUCTION MANAGEMENT PROJECTS A-1 The Work A-2 Agreements and Amendments A-3 Contract Documents A-4 Contract Price A-5 Payment A-6 Communication A-7 Receipt of and Addresses for Notices in Writing A-8 Language of the Contract A-9 Succession DEFINITIONS 1. Change Directive 2. Change Order 3. Construction Equipment 4. Construction Manager 5. Consultant 6. Contract 7. Contract Documents 8. Contract Price 9. Contract Time 10. Drawings 11. Notice in Writing 12. Owner 13. Payment Certifier 14. Place ofthe Project 15. Product 16. Project 17. Project In -Use Date 18. Provide 19. Shop Drawings 20. Specifications 21. Substantial Performance ofthe Work 22. Supplemental Instruction 23. Supplier 24. Temporary Work 25. Trade Conractor 26. Trade Subconractor 27. Value Added Taxes 28. Work 29. Working Day Standard Construction Document CCDC 17 - 2010 TABLE OF CONTENTS GC 3.10 Shop Drawings GC 3.11 Use ofthe Site GC 3.12 Cutting and Remedial Work GC 3.13 Cleanup PART 4 ALLOWANCES GC 4.1 Cash Allowances GC 4.2 Contingency Allowance PART PAYMENT GC 5.1 Financing Information Required ofthe Owner GC 5.2 Applications for Payment GC 5.3 Progress Payment GC 5.4 Substantial Performance ofthe Work GC 5.5 Payment of Holdback upon Substantial Performance of the Work GC 5.6 Progressive Release of Holdback GC 5.7 Final Payment GC 5.8 Withholding of Payment GC 5.9 Non -conforming Work PART 6 CHANGES IN THE WORK GC 6.1 Owner's Right to Make Changes GC 6.2 Change Order GC 6.3 Change Directive GC 6.4 Concealed or Unknown Conditions GC 6.5 Delays GC 6.6 Claims for a Change in Contract Price PART 7 DEFAULT NOTICE GC 7.1 Owner's Right to Perform the Work, Terminate the Trade Contractor's Right to Continue with the Work or Terminate the Contract GC 7.2 Trade Contractors Right to Suspend the Work or Terminate the Contract PART 8 DISPUTE RESOLUTION GC 8.1 Authority ofthe Construction Manager and the Consultant GC 8.2 Negotiation, Mediation and Arbitration GC 8.3 Retention of Rights PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 Protection of Work and Property GC 9.2 Toxic and Hazardous Substances GC 9.3 Artifacts and Fossils GC 9.4 Construction Safety GC 9.5 Mould GENERAL CONDITIONS OF THE CONTRACT PART 10 GOVERNING REGULATIONS. PART 1 GENERAL PROVISIONS GC 10.1 Taxes and Duties GC 1.1 Contract Documents GC 10.2 Laws, Notices, Permits, and Fees GC 1.2 Law ofthe Contract GC 10.3 Patent Fees GC 1.3 Rights and Remedies GC 10.4 Workers' Compensation GC 1.4 Assignment PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 Authority ofthe Construction Manager and the Consultant GC 2.2 Roles ofthe Construction Manager and the Consultant GC 2.3 Review and Inspection of the Work GC 2.4 Defective Work PART 3 EXECUTION OF THE WORK GC 3.1 Control of the Work GC 3.2 Construction by Owner, Construction Manager or Other Contractors GC 3.3 Temporary Work GC 3.4 Document Review GC 3.5 Construction Schedule GC 3.6 Supervision GC 3.7 Trade Subcontractors and Suppliers GC 3.8 Labour and Products GC 3.9 Documents at the Site PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 Insurance GC 11.2 Contract Security PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY GC 12.1 Indemnification GC 12.2 Waiver of Claims GC 12.3 Warranty CCDC 17 and CCDC SA `Construction Management Contract -For Services' are complimentary documents. CCDC 17 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 17 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 17. Standard Construction Document CCDC 17 — 2010 AGREEMENT BETWEEN OWNER AND TRADE CONTRACTOR. FOR CONSTRUCTION MANAGEMENT PROJECTS This Agreement made on the 30th day of September in the year 2015 . by and between the parties Township of Oro-Medonte hereinafter called the Owner and CEC Services Ltd. (Aurora) hereinafter called the Trade Contractor The Owner and the Trade Contractor agree as follows: ARTICLE A-1 THE WORK The Trade Contractor shall: 1.1 perform the Work required by the Contract Documents for The reconfiguration of the emergency loads of an existing 80KW natural gas fired Emergency Generator, upgrade existing automatic main service entrance rated transfer switch (with ASCO 7000) and reconfiguration of the existing Main 120/208V 3Ph 4W Switchboard. insert above the description of the Work for the Project Oro-Medonte Administarative Centre Emergency Generator Upgrades insert above the title of the Project located at 148 Line 7 South Oro, ON insert above the Place of the Project for which the Agreement has been signed by the parties, and for which Township of Oro-Medonte insert above the name of the Construction Manager is acting as and is hereinafter called the Construction Manager, and for which Steenhof Building Services Group insert above the name of the Consultant is acting as and is hereinafter called the Consultant, and for which the ConstructXi Manager* l Consultant* is acting as the Payment Certifier, and (*Strike out inapplicable term) CCDC 17-2010 1 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 1.2 do and fulfill everything indicated by the Contract Documents, and 1.3 perform the Work: 1 in accordance with- a schedule provided by the Owner at the time of signing the Contract, or .2 in accordance with a schedule mutually agreed upon if provided by the Otivner after the signing of the Contract; or .3 if no schedule is provided by the Oivner, commence the Work by the 1st day of November in the year 2015 and, subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Performance of the Work, by the 15th day of November in the year 2015 . ARTICLE A-2 AGREEMENTS AND AMENDMENTS 2.1 The Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the Work, including the bidding documents that are not expressly listed in Article A-3 of the Agreement — CONTRACT DOCUMENTS. 2.2 The Contract may be amended only as provided 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 — THE WORK: • Agreement Between Owner and Trade Contractor • Definitions • The General Conditions of the Contract --150009 - Oro Em Gen Upgrades - IFT Specs.pdf (Aug 13, 2015) --150009 - Oro Em Gen Upgrades - IFT dwgs.pdf (Aug 13, 2015) --Addendum #2-Electrical.pdf (Aug 26, 2015) --Siemens Electric Limited Switchboard Shop Drawings (Emailed to J.Hill@Beswickgroup.com on Aug 19, 2015) --CEC will provide approved equivelent ASCO 7000 series switch (per discussions at pre -award meeting Aug 22, 2015 with Kevin Beswick) (Insert here, attaching additional pages ifrequired, a list identifying all other Contract Documents e.g. supplementary conditions; information documents; specifications, giving a list of contents with section numbers and titles, number of pages, and date; material finishing schedules; drmvings, giving drawing number, title, date, revision date or mark; addenda, giving title, number, date; schedule) 2 CCDC 17 — 2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. ARTICLE A-4 CONTRACT PRICE 4.1 The Contract Price, which excludes Value Added Taxes, is: Fifty -One Thousand Nine Hundred Forty -Six and 90 0/100 dollars $ 51,946.90 4.2 Valate Added Taxes (at 13 %) payable by the Otvner to the Trade Contractor are: Six -Thousand Seven -Hundred Fifty -Three and 10 0/100 dollars $ 6,753.10 4.3 Total amount payable by the Oivner to the Trade Contractor for the Work is: Fifty -Eight Thousand Seven Hunded and 0 ©/100 dollars $ 58,700.00 4.4 These amounts shall be subject to adjustments as provided in the Contract Documents. 4.5 All amounts are in Canadian funds. ARTICLE A-5 PAYMENT 5.1 Subject to the 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 ten percent( 10 %), the Orvner shall: .1 make progress payments to the Trade Contractor 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 Trade Contractor 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 Trade Contractor 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 insurance policies, payments shall be made to the Trade Contractor 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 tending institution whose prince 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 any claim in dispute that is resolved either pursuant to Part 8 of the General Conditions — DISPUTE RESOLUTION or otherwise, from the date 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 COMMUNICATION 6.1 Except for the direct communications described in paragraph 6.2 of this Article, all communications between the Trade Contractor, and the Owner, the Consultant or the Payment Certifier that relate to the Contract shall be forwarded through the Construction Manager. 6.2 The parties shall inform the Construction Manager of the following direct communications: .1 between the Payment Certifier and the Otivner, Consultant or Trade Contractor as described in Part 5 of the General Conditions — PAYMENT; .2 among the Otivner, Consultant and Trade Contractor with respect to Notices in Writing; and .3 as otherwise expressly specified in the Contract Documents. CCDC 17-2010 3 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. ARTICLE A-7 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING 7.1 Notices in Writing will be addressed to the recipient at the address set out below. 7.2 The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other form of electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender. 7.3 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. 7.4 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 thereof. 7.5 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 Township of Oro-Medonte name of Owner* 148 Line 7 South, Oro, Ontario, LOL 2X0 address (705) 487-0133 facsimile number Trade Contractor CEC Services Ltd. (Aurora) name of Trade Contractor* 16188 Bathurst St King City, ON L7B 1 K5 address (905) 713-0736 facsimile number Construction Manager Township of Oro-Medonte Binns, Shawn <sbinns@oro-medonte.ca> email address Kevin Beswick <kbeswick@beswickgroup.com> email address name of Construction Manager* 126 Mississaga St. E., Orillia, ON, L3V 1V7 address (705) 325-8400 Binns, Shawn <sbinns@oro-medonte.ca> facsimile number email address 4 CCDC 17 — 2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Consultant Steenhof Building Services Group name of Consultant * 126 Mississaga St. E., Orillia, ON, L3V 1V7 address (705) 325-8400 cmartyn@steenhof.ca facsimile number email address * If it is intended that a specific individual must receive the notice, that individual's name shall be indicated. ARTICLE A-8 LANGUAGE OF THE CONTRACT 8.1 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 / FrXch* language shall prevail. * Complete this statement by striking out inapplicable term. 8.2 This Agreement is drawn in English at the request of the parties hereto. La prdsente convention est rddigde en anglais a la demande des parties. CCDC 17 — 2010 5 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. ARTICLE A-9 SUCCESSION 9.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors, and 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 sig tore ofwimess name of person signing sign ire ofwitness Totl-k" C\ -Q �-A-- ld-Q F name ofperson signing WITNESS signature of witness Denise Ashbourne name ofperson signing signature ofwimess name of person signing OWNER Township of Oro-Medonte Aor igna tire 1-11S. I-lu�I.e Pic. name and titlelf)e4n' niR name and title ofperson signing TRADE CONTRACTOR CEC Services Ltd. (Aurora) name of Trade Contractor signature Walter Kevin Beswick, President name and title ofperson signing :afore name and title ofperson signing N. B. Where legal furisdiction, local practice or Owner or Trade Contractor 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. 6 CCDC 17-2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. DEFINITIONS The following Definitions shall apply to all Contract Documents. References in the definition to the singular shall be considered to include the plural as the context requires. Change Directive A Change Directive is a written instruction issued by the Owner through the Construction Manager and signed by the Owner directing the Trade Contractor to proceed with a change in the Work within the general scope of the Contract Documents prior to the Oivner and the Trade Contractor agreeing upon adjustments in the Contract Price and the Contract Time. Change Order A Change Order is a written amendment to the Contract issued by the Construction Manager and signed by the Owner and the Trade Contractor stating their agreement upon: • a change in the Work; • 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. Construction Equipment Construction Equipment means all 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. Construction Manager The Construction Manager is the person or entity engaged by the Owner and identified as such in the Agreement. Consultant The Consultant is the person or entity engaged by the Owner and 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 Project. 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 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-I of the Agreement — THE WORK from commencement of the Work to Substantial Performance of the Work. Drawings The Dravvings are the graphic and pictorial portions of the Contract 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, where identified in the Contract Documents, is a written communication between the parties or between them and the Construction Manager or the Consultant that is transmitted in accordance with the provisions of Article A-7 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. Owner The Owner is the person or entity identified as such in the Agreement. Payment Certifier The Payment Cerner is either the Construction Manager or the Consultant identified as such in the Agreement. Place of the Project The Place of the Project is the designated site or location of the Project identified in the Contract Documents. CCDC 17-2010 7 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. Product Product means material, machinery, equipment, and fixtures incorporated into the Work, but does not include Construction Equipment. Project The Project means the total construction contemplated of which the Work may be the whole or a part. Project In-Use Date Project In-Use Date shall have been reached when the Project is ready for use or is being used for the purpose intended and is so confirmed in writing by the Construction Manager in consultation with the Consultant and the Otivner. Provide Provide means to supply and install. Shop Drawings Shop Drmvings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which the Trade Contractor provides to illustrate details of portions of the Work. Specifications The Specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written requirements and standards for Products, systems, workmanship, quality, and the services necessary for the performance of the Work. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Project. 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, Drmvings, schedules, samples, models or written instructions, consistent with the intent of the Contract Documents. It is to be issued by the Construction Manager 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 Trade Contractor to supply Products. Temporary Work Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding Construction Equipment, required for the execution of the Work but not incorporated into the Work. Trade Contractor The Trade Contractor is the person or entity identified as such in the Agreement. Trade Subcontractor A Trade Subcontractor is a person or entity having a direct contract with the Trade Contractor to perform a part or parts of the Work at the Place of the Project. 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 is computed as a percentage of the Contract Price 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 Trade Contractor by tax legislation. Work The Work means the total construction and related services required by the Contract Documents. 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 Project. 8 CCDC 17 — 2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GENERAL CONDITIONS OF THE CONTRACT PART 1 GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products, and services necessary for the performance of the Work by the Trade Contractor in accordance with these documents. It is not intended, however, that the Trade Contractor shall supply products or perform 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: .1 the Owner and a Trade Subcontractor, a Supplier, or their agent, employee, or other person performing any of the Work. ; .2 the Construction Manager and the Trade Contractor, a Trade Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work; or .3 the Consultant and the Trade Contractor, a Trade Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of 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 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Trade Contractor in dividing the work among Trade Subcontractors and Suppliers. 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 Trade Contractor, • the Definitions, • Supplementary Conditions, • the General Conditions of the Contract, • Division 1 of the Specifications, • technical Specifications, • material and finishing schedules, • the Drawings. .2 Drawings of larger scale shall govern over those of smaller scale of the same date. .3 dimensions shown on Drawings shall govern over dimensions scaled from Drawings. .4 later dated documents shall govern over earlier documents of the same type. .5 noted materials and annotations shall govern over graphic indications. 1.1.7 The Owner shall provide the Trade Contractor, without charge, sufficient copies of the Contract Documents to perform the Work. 1.1.8 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property. Signed Contract sets shall belong to each party to the Contract. All Specifications, Drawings and models prepared by the Consultant and issued to the Trade Contractor are to be used only with respect to the Work and are not to be used on other work. These Specifications, Drawings and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.9 Models furnished by the Trade Contractor at the Owner's expense are the property of the Owner. GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Project shall govern the interpretation of the Contract. CCDC 17 — 2010 9 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 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 thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 1.3.2 No action or failure to act by the Owner, Construction Manager, Consultant, Payment Certifier, or Trade Contractor shall constitute a waiver of any right or duty afforded any of them 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 in writing. GC 1.4 ASSIGNMENT 1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CONSTRUCTION MANAGER AND THE CONSULTANT 2.1.1 The Construction Manager and the Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1.2. 2.1.2 The duties, responsibilities and limitations of authority of the Construction Manager and the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Oivner and the Trade Contractor. 2.1.3 If the employment of the Construction Manager or the Consultant is terminated, the Orvner shall immediately appoint or reappoint those against whom the Trade Contractor makes no reasonable objection and whose duties, responsibilities and limitations of authority under the Contract Documents will be that of the former Construction Manager or the former Consultant, as the case may be. 2.1.4 If the employment of the Construction Manager or the Consultant as the Payment Certifier is terminated, the Owner shall immediately appoint or reappoint the Construction Manager or the Consultant as the Payment Certifier. GC 2.2 ROLES OF THE CONSTRUCTION MANAGER AND THE CONSULTANT 2.2.1 The Construction Manager will: .1 provide administration of the Contract as described in the Contract Documents; .2 in the first instance, receive all questions in writing by the Owner or the Trade Contractor for interpretations and findings relating to the performance of the Work or the interpretation of the Contract Documents except with respect to GC 5.1 — FINANCING INFORMATION REQUIRED OF THE OWNER; .3 in the first instance, give interpretations and make findings on matters in question relating to the performance of the Work or the requirements of the Contract Documents, except with respect to any and all architectural and engineering aspects of the Work or GC 5.1 — FINANCING INFORMATION REQUIRED OF THE OWNER; and .4 during the progress of the Work, issue Supplemental Instructions to the Trade Contractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Construction Manager and the Trade Contractor. 2.2.2 The Consultant will: 1 visit the Place of the Project at intervals appropriate to the progress of construction to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in general conformity with the Contract Documents; and .2 in the first instance, give interpretations and make findings on matters in question relating to the requirements of the design. 2.2.3 The Construction Manager and the Consultant will: 1 have authority to reject work which in their opinion does not conform to the requirements of the Contract Documents and whenever it is considered necessary or advisable, require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the authority of the Construction Manager or the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Construction Manager or the Consultant to the Trade Contractor, Trade Subcontractors, Suppliers, or their agents, employees, or other persons performing any of the Work; and 10 CCDC 17-2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accarate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. .2 give interpretations and make findings that relate to the Work. Such interpretations and findings shall be provided in writing within a reasonable time, and unless otherwise agreed with the Owner and the Trade Contractor, no later than 5 Working Days of a request. In making such interpretations and findings the Construction Manager and the Consultant will not show partiality to either the Orvner or the Trade Contractor. 2.2.4 The Construction Manager and the Consultant will not: .1 be responsible for the Trade Contractor's failure to carry out the Work in accordance with the Contract Documents; and .2 have control over, charge of or be responsible for, the acts or omissions of the Trade Contractor, Trade Subcontractors, Suppliers, or their agents, employees, or any other persons performing portions of the Work. GC 2.3 REVIEW AND INSPECTION OF THE WORK 2.3.1 The Owner, the Construction Manager and the Consultant shall have access to the Work at all times. The Trade Contractor shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Construction Manager and the Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the Place of the Project, the Owner, the Construction Manager and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections or approvals in the Contract Documents, or by the instructions of the Construction Manager or the Consultant, or by the laws or ordinances of the Place of the Project, the Trade Contractor shall give the Construction Manager reasonable notification of when the work will be ready for review and inspection. The Trade Contractor shall arrange for and shall give the Construction Manager reasonable notification of the date and time of inspections by other authorities. 2.3.3 The Trade Contractor shall furnish promptly to the Construction Manager copies of certificates and inspection reports relating to the Work. 2.3.4 If the Trade Contractor 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 Trade Contractor shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Trade Contractor's expense. 2.3.5 The Construction Manager may order any portion or portions of the Work to be examined to confirm that such work 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 Trade Contractor 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 the cost of examination and restoration. 2.3.6 The Trade Contractor shall pay the cost of making any test or inspection if such test or inspection is designated in the Contract Documents to be performed by the Trade Contractor or is so designated by the laws or ordinances applicable to the Place of the Project. 2.3.7 The Trade Contractor shall pay the cost of samples required for any test or inspection to be performed by others if such test or inspection is designated in the Contract Documents or is required pursuant to paragraph 2.3.6. , GC 2.4 DEFECTIVE WORK 2.4.1 The Trade Contractor shall promptly correct defective work that has been rejected by the Construction Manager or the Consultant 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, use of defective products or damage through carelessness or other act or omission of the Trade Contractor. 2.4.2 The Trade Contractor shall make good promptly other contractors' work destroyed or damaged by such corrections at the Trade Contractor's expense. 2.4.3 If in the opinion of the Construction Manager 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 Trade Contractor the difference in value between the work as performed and that called for by the Contract Documents. If the Otivner and the Trade Contractor do not agree on the difference in value, they shall refer the matter to the Construction Manager for a finding. CCDC 17-2010 11 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. PART 3 EXECUTION OF THE WORK GC 3.1 CONTROL OF THE WORK 3.1.1 The Trade Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. 3.1.2 The Trade Contractor, and not the Owner, the Construction Manager or the Consultant, shall be responsible for construction means, methods, techniques, sequences, and procedures and for co-ordinating the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY OWNER, CONSTRUCTION MANAGER OR OTHER CONTRACTORS 3.2.1 The Owner shall: 1 provide for the co-ordination of the activities and work of other contractors and the Owner's and the Construction Manager's own forces with the Work of the Contract; .2 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract; and .3 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 Trade Contractor as it affects the Work. 3.2.2 The Trade Contractor shall: 1 afford the Owner, the Construction Manager and other contractors reasonable opportunity to store their products and execute their work; .2 co-ordinate and schedule the Work with the work of other contractors as identified in the Contract Documents; .3 participate with other contractors and the Construction Manager in reviewing their construction schedules when directed to do so; .4 report promptly to the Construction Manager in writing any apparent deficiencies in the work of other contractors or the Owner's or Construction Manager's own forces, where such work affects the proper execution of any portion of the Work, prior to proceeding with that portion of 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. 3.2.3 Where a change in the Work is required as a result of the co-ordination and integration of the work of other contractors or the Oivner's or Construction Manager's own forces 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. 3.2.4 Disputes and other matters in question between the Trade Contractor and 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 Trade Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owner contains a similar agreement to arbitrate. In the absence of other contractors having reciprocal obligations, disputes and other matters in question initiated by the Trade Contractor against other contractors will be considered disputes and other matters in question between the Trade Contractor and the Otivner. GC 3.3 TEMPORARY WORK 3.3.1 The Trade Contractor shall have the responsibility for the design, erection, operation, maintenance, and removal of Temporary Work unless otherwise specified in the Contract Documents. 3.3.2 The Trade Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such Temporary Work is of such a nature that professional engineering skill is required to produce safe and satisfactory results. 3.3.3 Notwithstanding the provisions of GC 3.1 — CONTROL OF THE WORK, paragraphs 3.3.1 and 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for Temporary Work or specify a method of construction in whole or in part, such designs or methods of construction shall be considered to be part of the design of the Work and the Trade Contractor shall not be held responsible for that part of the design or the specified method of construction. The Trade Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. 12 CCDC 17-2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 3.4 DOCUMENT REVIEW 3.4.1 The Trade Contractor shall review the Contract Documents and shall report promptly to the Construction Manager any error, inconsistency, or omission the Trade Contractor may discover. Such review by the Trade Contractor shall be to the best of the Trade Contractor's knowledge, information and belief and in making such review the Trade Contractor does not assume any responsibility to the Oivner, the Construction Manager, or the Consultant for the accuracy of the review. The Trade Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents which the Trade Contractor did not discover. If the Trade Contractor does discover any error, inconsistency or omission in the Contract Documents, the Trade Contractor shall not proceed with the work affected until the Trade Contractor has received corrected or missing information from the Construction Manager. GC 3.5 CONSTRUCTION SCHEDULE 3.5.1 The Construction Manager will provide to the Trade Contractor the Project schedule that indicates the timing of the major activities of the Project in sufficient detail for the Trade Contractor to schedule the Work. 3.5.2 The Construction Manager will monitor the progress of the Work relative to the Project schedule and update the Project schedule on a monthly basis. 3.5.3 The Trade Contractor shall: 1 prepare and submit to the Construction Manager within 15 calendar days after its receipt of the Project schedule, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter -relationship to demonstrate that the Work will be performed in conformity with the Project schedule; .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and .3 advise the Construction Manager of any revisions required to the schedule as the result of extensions of the Contract Time as provided in Part 6 of the General Conditions — CHANGES IN THE WORK. GC 3.6 SUPERVISION 3.6.1 The Trade Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at the Place of the Project while work is being performed. The appointed representative shall not be changed except for valid reason. 3.6.2 The appointed representative shall represent the Trade Contractor at the Place of the Project. Information and instructions provided in accordance with the Contract by the Construction Manager to the appointed representative shall be deemed to have been received by the Trade Contractor, except with respect to Article A-7 of the Agreement — RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING. GC 3.7 TRADE SUBCONTRACTORS AND SUPPLIERS 3.7.1 The Trade Contractor 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 Trade Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Trade Subcontractors and Suppliers; and .3 be as fully responsible to the Oivner for acts and omissions of Trade Subcontractors, Suppliers and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Trade Contractor. 3.7.2 The Trade Contractor shall indicate in writing, if requested by the Construction Manager, those Trade Subcontractors or Suppliers whose bids have been received by the Trade Contractor which the Trade Contractor would be prepared to accept for the performance of a portion of the Work. Should the Owner not object before signing the Contract, the Trade Contractor shall employ those Trade Subcontractors or Suppliers so identified by the Trade Contractor in writing for the performance of that portion of the Work to which their bid applies. 3.7.3 The Oivner may, for reasonable cause, at any time before the Oivner has signed the Contract, object to the use of a proposed Trade Subcontractor or Supplier and require the Trade Contractor to employ one of the other trade subcontract bidders. CCDC 17 — 2010 13 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 3.7.4 If the Owner requires the Trade Contractor to change a proposed Trade Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the difference occasioned by such required change. 3.7.5 The Trade Contractor shall not be required to employ as a Trade Subcontractor or Supplier, a person or firm to whom the Trade Contractor may reasonably object. 3.7.6 The Owner, through the Construction Manager, may provide to a Trade Subcontractor or Supplier information as to the percentage of the Trade Subcontractor's or Supplier's work which has been certified for payment. GC 3.8 LABOUR AND PRODUCTS 3.8.1 The Trade Contractor shall maintain good order and discipline among the Trade Contractor's employees engaged in the Work and shall not employ in the Work anyone not skilled in the tasks assigned. 3.8.2 The Trade Contractor 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. 3.8.3 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. GC 3.9 DOCUMENTS AT THE SITE 3.9.1 The Trade Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the Place of the Project, in good order and available to the Construction Manager and the Consultant. GC 3.10 SHOP DRAWINGS 3.10.1 The Trade Contractor shall provide Shop Drawings as required in the Contract Documents. 3.10.2 The Trade Contractor shall provide Shop Drawings to the Construction Manager for review by the Construction Manager and the Consultant in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of other contractors. 3.10.3 The Trade Contractor, the Consultant and the Construction Manager shall jointly prepare a schedule of the dates for provision, review and return of Shop Drawings upon request by any one of them. 3.10.4 The Trade Contractor shall provide Shop Drawings in the form specified, or if not specified, as directed by the Consultant. 3.10.5 Shop Drawings provided by the Trade Contractor to the Construction Manager shall indicate by stamp, date and signature of the person responsible for the review that the Trade Contractor has reviewed each one of them. 3.10.6 The Consultant's review is for conformity to the design concept and for general arrangement only. 3.10.7 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to such authority by the Trade Contractor for approval. 3.10.8 The Trade Contractor shall review all Shop Drawings before providing them to the Construction Manager. The Trade Contractor represents by this review that: .1 the Trade Contractor has determined and verified all field measurements, field construction conditions, Product requirements, catalogue numbers and similar data, or will do so; and .2 the Trade Contractor has checked and co-ordinated each Shop Drawing with the requirements of the Work and of the Contract Documents. 3.10.9 At the time of providing Shop Drawings, the Trade Contractor shall expressly advise the Construction Manager in writing of any deviations in a Shop Drawing from the requirements of the Contract Documents. The Construction Manager shall indicate the Consultant's acceptance or rejection of such deviation expressly in writing. 3.10.10 If Shop Drawings are found to be in order, the Construction Manager will forward them to the Consultant. If the Construction Manager or the Consultant find the Shop Drawings incomplete or not in order, the Construction Manager may request the Trade Contractor to provide revised Shop Drawings. 3.10.11 The review by the Construction Manager and the Consultant shall not relieve the Trade Contractor of responsibility for errors or omissions in the Shop Drawings or for meeting all requirements of the Contract Documents. 14 CCDC 17-2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 3.10.12 The Trade Contractor shall provide revised Shop Drawings to correct those which the Construction Manager found to be incomplete or not in order or the Consultant rejects as inconsistent with the Contract Documents. The Trade Contractor shall notify the Construction Manager in writing of any revisions to the Shop Drmvings other than those requested by the Construction Manager or the Consultant. 3.10.13 The Construction Manager will return Shop Drmvings in accordance with the schedule agreed upon, or, in the absence of such schedule, with reasonable promptness so as to cause no delay in the performance of the Work. GC 3.11 USE OF THE SITE 3.11.1 The Trade Contractor shall confine Construction Equipment, Temporary Work, storage of Products, waste products and debris, and operations of employees and Trade Subcontractors to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Place of the Project. 3.11.2 The Trade Contractor shall not load or permit to be loaded any part of the Project with a weight or force that will endanger the safety of the Project. GC 3.12 CUTTING AND REMEDIAL WORK 3.12.1 The Trade Contractor shalt perform the cutting and remedial work required to make the affected parts of the Work come together properly. 3.12.2 The Trade Contractor shall co-ordinate the Work to ensure that the cutting and remedial work is kept to a minimum. 3.12.3 Should the Oivner, the Construction Manager, the Consultant, other contractors, or anyone employed by them be responsible for ill-timed work necessitating cutting or remedial work to be performed, the Contract Price and the Contract Time shall be adjusted as provided in GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 3.12.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a manner to neither damage nor endanger the Project. GC 3.13 CLEANUP 3.13.1 The Trade Contractor shall maintain the Work in a safe and tidy condition and free from the accumulation of waste products and debris, other than that caused by the Oivner, the Construction Manager, other contractors, or their employees. 3.13.2 Before applying for Substantial Performance of the Work as provided in GC 5.4 — SUBSTANTIAL PERFORMANCE OF THE WORK, the Trade Contractor shall remove waste products and debris, other than that resulting from the work of the Owner, the Construction Manager, other contractors, or their employees, and shall leave the Place of the Project clean and suitable for use or occupancy by the Dimer. The Trade Contractor shall remove products, tools, Construction Equipment, and Temporary Work not required for the performance of the remaining Work. 3.13.3 Prior to application for the final payment, the Trade Contractor shall remove any remaining Products, tools, Construction Equipment, Temporary Work, and waste products and debris, other than those resulting from the work of the Owner, the Construction Manager, other contractors, or their employees. PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES 4.1.1 The Contract Price includes the cash allowances, if any, stated in the Contract Documents. The scope of work or costs included in such cash allowances shall be as described in the Contract Documents. 4.1.2 The Contract Price, and not the cash allowances, includes the Trade Contractor's overhead and profit in connection with such cash allowances. 4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Construction Manager. CCDC 17-2010 15 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, the Trade Contractor 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 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 Trade Contractor'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 the amount of each cash allowance and the actual cost of the Work 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 Trade Contractor and the Construction Manager shall jointly prepare a schedule that shows when items called for under cash allowances must be ordered to avoid delaying the progress of the Work. GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 The contingency allowance includes the Trade Contractor'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 Ovvner shall, at the request of the Trade Contractor, before signing the Contract, and promptly from time to time thereafter, fumish to the Trade Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Otvner shall give the Trade Contractor Notice in Writing of any material change in the Owner's financial arrangements to fulfil the avner's obligations under the Contract during the performance of the Contract. GC 5.2 APPLICATIONS FOR PAYMENT 5.2.1 Applications for payment on account as provided in Article A-5 of the Agreement — PAYMENT may be made monthly to the Construction Manager as the Work progresses. 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 in writing by the parties. 5.2.3 The amount claimed shall be for the value, proportionate to the amount of the Contract, of Work performed and Products delivered to the Place of the Project as of the last day of the payment period. 5.2.4 The Trade Contractor shall submit to the Construction Manager, at least 15 calendar days before the first application for payment, a schedule of values for the parts 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 require and when accepted by the Payment Cerner, shall be used as the basis for applications for payment, unless it is found to be in error. 5.2.6 The Trade Contractor shall include: .1 with each application for payment a statement based on the schedule of values, and .2 with each of the second and subsequent applications for payment a CCDC 9A `Statutory Declaration' to state that all accounts for labour, subcontracts, Products, Construction Equipment, and other indebtedness which may have been incurred by the Trade Contractor as of the last day of the payment period or an alternative day agreed by the parties and for which the Ovvner might in any way be held responsible have been paid in full, except for amounts properly retained as a holdback or as an identified amount in dispute. 16 CCDC 17-2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 5.2.7 Applications for payment for Products delivered to the Place of the Project 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 the Construction Manager receives an application for payment from the Trade Contractor as described in GC 5.2 — APPLICATIONS FOR PAYMENT: 1 the Construction Manager will promptly inform the Owner of the date of receipt of the Trade Contractor's application for payment and promptly forward a copy of the application for payment to the Consultant; .2 the Payment Certifier will issue to the Owner and copy to the Trade Contractor and to the Construction Manager and the Consultant, as the case may be, no later than 10 calendar days after the receipt by the Construction Manager 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 Trade Contractor in writing giving reasons for the amendment; and .3 the Owner shall make payment to the Trade Contractor on account as provided in Article A-5 of the Agreement — PAYMENT on or before 20 calendar days after the later of- receipt freceipt by the Construction Manager 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 Trade Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable to the Place of the Project a designated portion thereof which the Otivner agrees to accept separately is substantially performed, the Trade Contractor shall, within one Working Day, deliver to the Construction Manager and to the Otivner a comprehensive list of items to be completed or corrected, together with a written application for a review and verification by the Construction Manager and the Consultant to establish Substantial Performance of the Work or of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Trade Contractor to complete the Contract. 5.4.2 The Construction Manager and the Consultant will review the Work to verify the validity of the application and whichever of them is the Payment Certifier, acting in that capacity, will promptly, and in any event, no later than 20 calendar days after the Construction Manager's receipt of the Trade Contractor's list and application: 1 advise the Trade Contractor in writing that the Work or the designated portion of the Work is not substantially performed and give reasons why, or .2 state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy of that certificate to each of the Owner and the Trade Contractor. 5.4.3 Immediately following the issuance of the certificate of Substantial Performance of the Work or a designated portion of the Work, the Trade Contractor, in consultation with the Construction Manager, 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 Trade Contractor shall submit to the Construction Manager an application for payment of the holdback amount including a CCDC 9A `Statutory Declaration'. 5.5.2 After the Construction Manager receives an application for payment of the holdback amount from the Trade Contractor, whichever of the Construction Manager and the Consultant who is the Payment Certifier, and acting in that capacity, 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 Project, place the holdback amount in a bank account in the joint names of the Owner and the Trade Contractor. 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 first calendar day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Project. 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 Otivner 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 Project, other third party monetary claims against the Trade Contractor which are enforceable against the Owner. CCDC 17-2010 17 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 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 Trade Contractor 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 Trade Contractor, the Payment Certifier has certified that the work of a Trade Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Trade Contractor 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 Project. The Oivner 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 Project, other third party monetary claims against the Trade Contractor which are enforceable against the Otivner. 5.6.2 In the Province of Quebec, where, upon application by the Trade Contractor, the Payment Certifier has certified that the work of a Trade Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Orvner shall pay the Trade Contractor 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 Trade Contractor which are enforceable against the Owner. 5.6.3 Notwithstanding the provisions of the preceding paragraphs, and notwithstanding the wording of such certificates, the Trade Contractor shall ensure that such subcontract work or Products are protected pending the Substantial Performance of the Work 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 Trade Contractor considers that the Work is completed, the Trade Contractor shall submit an application for final payment to the Construction Manager 5.7.2 No later than 10 calendar days after the receipt by the Construction Manager an application for final payment from the Trade Contractor: .1 the Construction Manager and the Consultant will review the Work to verify the validity of the application, and .2 the Payment Certifier will advise the Trade Contractor in writing that the application is valid or give reasons why it is not valid. 5.7.3 When the Construction Manager and the Consultant find the Trade Contractor's application for final payment valid, whichever of them is the Payment Certifier, and acting in that capacity, 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 Project, the Orvner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay the Trade Contractor as provided in Article A-5 of the Agreement — PAYMENT. GC 5.8 WITHHOLDING OF PAYMENT 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Trade Contractor, there are items of work that cannot be performed, payment in full for that portion of the 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 portion of the Work is finished, only such an amount that the Payment Certifier determines is sufficient and reasonable to cover the cost of performing such remaining Work. GC 5.9 NON -CONFORMING WORK 5.9.1 No payment by the Otivner under the Contract nor partial or entire use or occupancy of the Work by the Oivner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. 18 CCDC 17 — 2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. PART 6 CHANGES IN THE WORK GC 6.1 OWNER'S RIGHT TO MAKE CHANGES 6.1.1 The Owner without invalidating the Contract, may make: .1 changes in the Work consisting of additions, deletions or other revisions to the Work by Change Order or Change Directive, and .2 changes to the Contract Time for the Work, or any part thereof, by Change Order. 6.1.2 The Trade Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER 6.2.1 When a change in the Work is proposed or required, the Construction Manager will provide the Trade Contractor with a written description of the proposed change in the Work. The Trade Contractor shall promptly present, in a form acceptable to the Construction Manager, 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 in the Work. 6.2.2 When the Owner and Trade Contractor 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 work performed as the result of a Change Order shall be included in the applications for progress payment. GC 6.3 CHANGE DIRECTIVE 6.3.1 If the Owner requires the Trade Contractor to proceed with a change in the Work prior to the Owner and the Trade Contractor agreeing upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Construction Manager, shall issue a Change Directive. 6.3.2 A Change Directive shall only be used to direct a change in the Work 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 Trade Contractor shall proceed promptly with the change in the Work. 6.3.5 For the purpose of valuing Change Directives, changes in the Work 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 Trade Contractor'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 Trade Contractor's cost, the Contract Price shall be increased by the amount of the net increase in the Trade Contractor's cost, plus the Trade Contractor's percentage fee on such net increase. .2 If the change results in a net decrease in the Trade Contractor's cost, the Contract Price shall be decreased by the amount of the net decrease in the Trade Contractor's cost, without adjustment for the Trade Contractor's percentage fee. .3 The Trade Contractor's fee shall be as specified in the Contract Documents or as otherwise agreed by the parties. 6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following: .1 salaries, wages and benefits paid to personnel in the direct employ of the Trade Contractor under a salary or wage schedule agreed upon by the Owner and the Trade Contractor, or in the absence of such a schedule, actual salaries, wages and benefits paid under applicable bargaining agreements, and in the absence of a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Trade Contractor, for personnel: (1) stationed at the Trade Contractor'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, and coordination drawings; or (4) engaged in the processing of changes in the Work. .2 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 Trade Contractor and included in the cost of the Work as provided in paragraph 6.3.7.1; CCDC 17 — 2010 19 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. .3 travel and subsistence expenses of the Trade Contractor's personnel described in 6.3.7.1; .4 all Products including the cost of transportation thereof; .5 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 Trade Contractor; .6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work, whether rented from or provided by the Trade Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery cost thereof, .7 all equipment and services required for the Trade Contractor's field office; .8 deposits lost, provided that they are not caused by negligent acts or omissions of the Construction Manager and the Services are performed in accordance with this Contract. .9 the amounts of all subcontracts; .10 quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the Project; .12 royalties, patent license fees and damages for infringement of patents and cost of defending suits therefor subject always to the Trade Contractor's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 — PATENT FEES; .13 any adjustment in premiums for all bonds and insurance which the Trade Contractor is required, by the Contract Documents, to purchase and maintain; .14 any adjustment in taxes, other than Value Added Taxes, and duties for which the Trade Contractor is liable; .15 charges for long distance communications, courier services, expressage, printing, and reproduction incurred in relation to the performance of the Work; .16 removal and disposal of waste products and debris; and .17 safety measures and requirements. 6.3.8 Notwithstanding any 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 Trade Contractor to exercise reasonable care and diligence in the Trade Contractor's attention to the Work. Any cost due to failure on the part of the Trade Contractor to exercise reasonable care and diligence in the Trade Contractor's attention to the Work shall be borne by the Trade Contractor. 6.3.9 The Trade Contractor 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 Construction Manager with copies thereof when requested. 6.3.10 For the purpose of valuing Change Directives, the Oivner and the Construction Manager shall be afforded reasonable access to all of the Trade Contractor's pertinent documents related to the cost of performing the Work attributable to the Change Directive. 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 eligible to be included in progress payments. 6.3.12 If the Owner and the Trade Contractor do not agree on the proposed adjustment in the Contract Time attributable to the change in the Work, or the method of determining it, the adjustment shall be referred to the Construction Manager for finding. 6.3.13 When the Oivner and the Trade Contractor 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 Oivner, the Trade Contractor or the Construction Manager discover conditions at the Place of the Project which are: 1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work 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 Construction Manager of such conditions before they are disturbed and in no event later than 5 Working Days after first observance of the conditions. The Construction Manager will promptly inform the Oivner, the Trade Contractor and the Consultant in writing. 20 CCDC 17 — 2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 6.4.2 The Construction Manager will promptly investigate such conditions and make a finding. If the finding is that the conditions differ materially and this would cause an increase or decrease in the Trade Contractor's cost or time to perform the Work, the Construction Manager, with the Owner's approval, will issue appropriate instructions for a change in the Work as provided in GC 6.2 — CHANGE ORDER or GC 6.3 — CHANGE DIRECTIVE. 6.4.3 If the Construction Manager finds that the conditions at the Place of the Project are not materially different or that no change in the Contract Price or the Contract Time is justified, the Construction Manager will promptly inform the Owner and the Trade Contractor in writing. 6.4.4 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, GC 9.3 — ARTIFACTS AND FOSSILS and GC 9.5 — MOULD. GC 6.5 DELAYS 6.5.1 If the Trade Contractor is delayed in the performance of the Work by an action or omission of the Owner, the Construction Manager, the Consultant, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Construction Manager may recommend in consultation with the Trade Contractor. The Trade Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Trade Contractor as the result of such delay. 6.5.2 If the Trade Contractor is delayed in the performance of 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 Trade Contractor or any person employed or engaged by the Trade Contractor directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Construction Manager may recommend in consultation with the Trade Contractor. The Trade Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Trade Contractor as the result of such delay. 6.5.3 If the Trade Contractor is delayed in the performance of 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 Trade Contractor is a member or to which the Trade Contractor is otherwise bound), .2 fire, unusual delay by common carriers or unavoidable casualties, .3 abnormally adverse weather conditions, or .4 any cause beyond the Trade Contractor's control other than one resulting from a default or breach of Contract by the Trade Contractor, then the Contract Time shall be extended for such reasonable time as the Construction Manager may recommend in consultation with the Trade Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the Trade Contractor agrees to a shorter extension. The Trade Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner, Consultant, Construction Manager, or anyone employed or engaged by them 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 Construction Manager not later than 10 Working Days after the commencement of delay. In the case of a continuing cause of delay only one Notice in Writing shall be necessary. 6.5.5 If no schedule is made under paragraph 2.2.1.4 of GC 2.2 — ROLE OF THE CONSTRUCTION MANAGER AND THE CONSULTANT, then no request for extension shall be made because of failure of the Construction Manager to furnish instructions until 10 Working Days after demand for such instructions has been made. GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE 6.6.1 If the Trade Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a claim against the Trade Contractor 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 and to the Construction Manager. 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 maybe incurred as a result of such event or series of events, and .2 keep such records as may be necessary to support the claim. CCDC 17 — 2010 21 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constit:ttes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 6.6.3 The party making the claim shall submit within a reasonable time to the Construction Manager a detailed account of the amount claimed and the grounds upon which the claim is based, and the Construction Manager shall make a finding upon such claim. 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 such intervals as the Construction Manager may reasonably require, 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 The Construction Manager's finding with respect to a claim made by either party, will be given by Notice in Writing to both parties within 30 Working Days after receipt of the claim by the Construction Manager, or within such other time period as may be agreed by the parties. 6.6.6 If such finding is not acceptable to either party, the claim shall be settled in accordance with Part 8 of the General Conditions — DISPUTE RESOLUTION.+ PART 7 DEFAULT NOTICE GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, TERMINATE THE TRADE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT 7.1.1 If the Trade Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Trade Contractor's insolvency, or if a receiver is appointed because of the Trade Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Trade Contractor's right to continue with the Work, by giving the Trade Contractor or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.1.2 If the Trade Contractor neglects to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Construction Manager has given a written statement to the Owner and Trade Contractor that sufficient cause exists to justify such action, the Oivner may, without prejudice to any other right or remedy the Owner may have, give the Trade Contractor Notice in Writing with a copy to the Construction Manager that the Trade Contractor is in default of the Trade Contractor's contractual obligations and instruct the Trade Contractor to correct the default in the 5 Working Days immediately following the receipt of such Notice in Writing. 7.1.3 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 Trade Contractor shall be in compliance with the Owner's instructions if the Trade Contractor: .1 commences the correction of the default within the specified time, 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. 7.1.4 If the Trade Contractor 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 Oivner may have, the Oivner may: 1 correct such default and deduct the cost thereof from any payment then or thereafter due to the Trade Contractor provided the Payment Certifier has certified such cost to the Otivner and the Trade Contractor, or .2 terminate the Trade Contractor's right to continue with the Work in whole or in part or terminate the Contract. 7.1.5 If the Oivner terminates the Trade Contractor's right to continue with the Work as provided in paragraphs 7. 1.1 and 7.1.4, the Oivner shall be entitled to: 1 take possession of the Work and Products at the Place of the Project; subject to the rights of third parties, utilize the Construction Equipment at the Place of the Project; finish the Work by whatever method the Construction Manager may consider expedient, but without undue delay or expense, and .2 withhold further payment to the Trade Contractor until a final certificate for payment is issued, and .3 charge the Trade Contractor the amount by which the full cost of finishing the Work as certified by the Payment Certifier, including compensation to the Construction Manager and the Consultant for their additional services and a reasonable allowance as determined by the Construction Manager to cover the cost of corrections to work performed by the Trade Contractor that may be required under GC 12.3 — WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Trade Contractor the difference, and 22 CCDC 17 — 2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. .4 on expiry of the warranty period, charge the Trade Contractor the amount by which the cost of corrections to the Trade Contractor's work under GC 12.3 — WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Trade Contractor the difference. 7.1.6 The Trade Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by the Trade Contractor up to the time of termination shall continue in force after such termination of the Contract. GC 7.2 TRADE CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT 7.2.1 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 Trade Contractor may, without prejudice to any other right or remedy the Trade Contractor may have, terminate the Contract by giving the Owner or receiver or trustee in bankruptcy Notice in Writing to that effect. 7.2.2 If the Work should be suspended or otherwise delayed for a period of 20 Working Days or more 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 Trade Contractor or of anyone directly or indirectly employed or engaged by the Trade Contractor, the Trade Contractor may, without prejudice to any other right or remedy the Trade Contractor may have, terminate the Contract by giving the Owner Notice in Writing to that effect. 7.2.3 The Trade Contractor may give Notice in Writing to the Owner, with a copy to the Construction Manager and the Consultant, that the Owner is in default of the Owner's contractual obligations if: 1 the Owner fails to furnish, when so requested by the Trade Contractor, 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 Part 5 of the General Conditions — PAYMENT, or .3 the Owner fails to pay the Trade Contractor 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 and the Construction Manager, except for GC 5.1 — FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Trade Contractor that sufficient cause exists. 7.2.4 The Trade Contractor's Notice in Writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected within 5 Working Days following the receipt of the Notice in Writing, the Trade Contractor may, without prejudice to any other right or remedy the Trade Contractor may have, suspend the Work or terminate the Contract. 7.2.5 If the Trade Contractor terminates the Contract under the conditions set out above, the Trade Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and Construction Equipment, and such other damages as the Trade Contractor may have sustained as a result of the termination of the Contract. PART 8 DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSTRUCTION MANAGER AND THE CONSULTANT 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, which are not resolved in the first instance by findings of the Construction Manager or the Consultant as provided in GC 2.2 — ROLE OF THE CONSTRUCTION MANAGER AND THE CONSULTANT, shall be settled in accordance with the requirements of Part 8 of the General Conditions — DISPUTE RESOLUTION. 8.1.2 If a dispute arises under the Contract in respect of a matter in which neither the Construction Manager nor the Consultant have authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of GC 8.2 — NEGOTIATION, MEDIATION AND ARBITRATION, and in GC 8.3 — RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Construction Manager will give such instructions as in the Construction Manager's opinion are necessary for the proper performance of the Work and 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 Trade Contractor costs incurred by the Trade Contractor in carrying out such instructions which the Trade Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. CCDC 17 — 2010 23 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION 8.2.1 In accordance with the Rules for Mediation and Arbitration of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing, the parties shall 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. 8.2.2 A party shall be conclusively deemed to have accepted a finding of the Construction Manager or the Consultant under GC 2.2 - ROLES OF THE CONSTRUCTION MANAGER AND THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a Notice in Writing of dispute to the other party, the Construction Manager and the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. 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 this response and any relevant provisions of the Contract Documents. 8.2.3 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. 8.2.4 After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under paragraph 8.2.2, 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 in effect at the time of bid closing. 8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 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; the Trade Contractor and the Construction Manager. 8.2.6 By giving a Notice in Writing to the other party and the Construction Manager, not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by arbitration under the latest edition of the Rules for Mediation and Arbitration of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing. The arbitration shall be conducted in the jurisdiction of the Place of the Project. 8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a Notice in Writing is not given under paragraph 8.2.6 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. 8.2.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in paragraph 8.2.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in paragraph 8.2.6 shall be 1 held in abeyance until (1) Substantial Performance ofthe Work, (2) the Contract has been terminated, or (3) the Trade Contractor has abandoned the Work, whichever is earlier, and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. GC 8.3 RETENTION OF RIGHTS 8.3.1 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 8.1.3 of GC 8.1— AUTHORITY OF THE CONSTRUCTION MANAGER AND THE CONSULTANT. 8.3.2 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 Project and the assertion of such right by initiating judicial proceedings isnot to be construed as a waiver of any right that party may have under paragraph 8.2.6 of GC 8.2 — NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. 24 CCDC 17-2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Trade Contractor shall protect the Project and the Owner's property and property adjacent to the Place of the Project from damage which may arise as the result of the Trade Contractor's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of- . I f.1 errors in the Contract Documents; or .2 acts or omissions by the Otivner, the Construction Manager, the Consultant, other contractors, their agents and employees. 9.1.2 Before commencing any Work, the Trade Contractor shall determine the location of all underground utilities and structures indicated in the Contract Documents or that are reasonably apparent in an inspection of the Place of the Project. 9.1.3 Should the Trade Contractor in the performance of the Contract damage the Project, the Owner's property or property adjacent to the Place of the Project, the Trade Contractor shall be responsible for making good of such damage at the Trade Contractor's expense. 9.1.4 Should damage occur to the Work or Oivner's property for which the Trade Contractor is not responsible, as provided in paragraph 9.1.1, the Trade Contractor shall make good such damage to the Work and, if the Construction Manager 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 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 Project with respect to existing conditions. 9.2.2 Prior to the Trade Contractor commencing the Work, the Owner shall, .1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Project, and .2 provide the Construction Manager, the Consultant and the Trade Contractor 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 Project 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 Project prior to the Trade Contractor 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 Project, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the Place of the Project prior to the Trade Contractor commencing the Work. 9.2.5 If the Trade Contractor .1 encounters toxic or hazardous substances at the Place of the Project, or .2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Project, which were not brought to the Place of the Project by the Trade Contractor or anyone for whom the Trade Contractor is responsible and which were not disclosed by the Avner or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the Trade Contractor shall .3 take all reasonable steps, including stopping the Work, to ensure that no person's exposure to any toxic or hazardous substance exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Project, and .4 immediately report the circumstances to the Construction Manager, the Owner and the Consultant in writing. 9.2.6 If the Owner and Trade Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were brought onto the Place of the Project by the Trade Contractor or anyone for whom the Trade Contractor is responsible, the Oivner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert's report shall be delivered to the Oivner, the Trade Contractor and the Construction Manager. CCDC 17 — 2010 25 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 9.2.7 If the Owner and Trade Contractor 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 Project by the Trade Contractor or anyone for whom the Trade Contractor 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 Trade Contractor for the costs of all steps taken pursuant to paragraph 9.2.5; .3 extend the Contract Time for such reasonable time as the Construction Manager may recommend in consultation with the Otivner, the Trade Contractor and the expert referred to in 9.2.6 and reimburse the Trade Contractor for reasonable costs incurred as a result of the delay; and .4 indemnify the Trade Contractor as required by paragraph GC 12.1— INDEMNIFICATION 9.2.8 If the Owner and Trade Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous substances were brought onto the Place of the Project by the Trade Contractor or anyone for whom the Trade Contractor is responsible, the Trade Contractor shall promptly at the Trade Contractor's own expense: 1 take all necessary steps in accordance with applicable legislation in force at the Place of the Project, to safely remove and dispose the toxic or hazardous substances; .2 make good any damage to the Work, the 0ivner's property or property adjacent to the Place of the Project as provided in paragraph 9.1.3 of GC 9.1— PROTECTION OF WORK AND PROPERTY; .3 reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and .4 indemnify the Owner as required by GC 12.1— INDEMNIFICATION. 9.2.9 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 by GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. 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 Project shall, as between the, Oivner and the Trade Contractor, be deemed to be the absolute property of the Owner. 9.3.2 The Trade Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph 9.3.1, and shall advise the Construction Manager upon discovery of such items. 9.3.3 The Construction Manager will investigate the impact on the Work of the discoveries identified in paragraph 9.3.1. If conditions are found that would cause an increase or decrease in the Trade Contractor's cost or time to perform the Work, the Otivner, through the Construction Manager, will issue appropriate instructions for a change in the Work as provided in GC 6.2 — CHANGE ORDER or GC 6.3 — CHANGE DIRECTIVE. GC 9.4 CONSTRUCTION SAFETY 9.4.1 The Trade Contractor shall: 1 be responsible for construction health and safety relating to the Work at the Place of the Project in compliance with the rules, regulations and practices required by the applicable construction health and safety legislation; .2 be responsible for establishing, initiating, maintaining, and supervising all health and safety precautions and programs in connection with the performance of the Work; and .3 comply with all health and safety precautions and programs established at the Place of the Project. 9.4.2 The Oivner shall be responsible for construction health and safety at the Place of the Project in compliance with the rules, regulations and practices required by the applicable construction health and safety legislation. 9.4.3 The Construction Manager will: 1 establish, initiate, maintain, and supervise the health and safety precautions and programs required to be put in place at the Place of the Project; and .2 review with the Owner the Trade Contractor's health and safety program for compliance. 26 CCDC 17-2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. GC 9.5 MOULD 9.5.1 If the Trade Contractor, the Construction Manager, the Consultant, or the Owner observes or reasonably suspects the presence of mould at the Place of the Project, the remediation of which is not expressly part of the Work, .1 the observing party shall promptly report the circumstances to the other parties in writing, and .2 the Trade Contractor 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, and .3 if the Owner and the Trade Contractor 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 determine such matters. The expert's report shall be delivered to the Owner and the Trade Contractor. 9.5.2 If the Owner and the Trade Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was caused by the Trade Contractor's operations under the Contract, the Trade Contractor shall promptly, at the Trade Contractor'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 Project 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 9.5.1.3, and .4 indemnify the Owner as required by GC 12.1— INDEMNIFICATION. 9.5.3 If the Owner and Trade Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was not caused by the Trade Contractor'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 Trade Contractor 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 the Construction Manager may recommend in consultation with the Trade Contractor and the expert referred to in paragraph 9.5.1.3 and reimburse the Trade Contractor for reasonable costs incurred as a result of the delay, and .4 indemnify the Trade Contractor as required by GC 12.1— INDEMNIFICATION. 9.5.4 If either party does not accept the expert's finding under paragraph 9.5.1.3, 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 9.5.2 or 9.5.3, it being understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC 9.5 — MOULD. 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 bid closing except for Value Added Taxes payable by the Owner to the Trade Contractor as stipulated in Article A-4 of the Agreement — CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Trade Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws of the Place of the Project shall govern the Work. 10.2.2 The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract Documents specify as the responsibility of the Trade Contractor. 10.2.3 The Trade Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Project after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their procurement. CCDC 17 — 2010 27 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 10.2.4 The Trade Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. 10.2.5 The Trade Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require modification to the Contract Documents, the Trade Contractor shall notify the Construction Manager in writing requesting direction immediately upon such variance or change becoming known. The Owner, through the Construction Manager, will issue the changes required to the Contract Documents 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 Trade Contractor fails to advise the Construction Manager in writing, 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 Trade Contractor 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 bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of authorities having jurisdiction which affect the cost of 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 Trade Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Trade Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Trade Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Trade Contractor or anyone for whose acts the Trade Contractor may be liable. 10.3.2 The Owner shall hold the Trade Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Trade Contractor'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, or any model, plan or design which was supplied to the Trade Contractor as part of the Contract. GC 10.4 WORKERS' COMPENSATION 10.4.1 Prior to commencing the Work, and again with the Trade Contractor's application for payment of the holdback amount following Substantial Performance of the Work, and again with the Contractor's application for final payment, the Trade Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Project, including payments due thereunder. 10.4.2 At any time during the term of the Contract, when requested by the Construction Manager, the Trade Contractor shall provide such evidence of compliance with workers' compensation legislation at the Place of the Project by the Trade Contractor and any Trade Subcontractors. PART 11 INSURANCE AND CONTRACT SECURITY GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 12.1 — INDEMNIFICATION, the Trade Contractor shall provide, maintain and pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41 — INSURANCE REQUIREMENTS in effect at the time of bid closing except as hereinafter provided: 1 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work; .2 Aircraft or Watercraft Liability Insurance when owned or non -owned aircraft or watercraft are used directly or indirectly in the performance of the Work; and .3 Contractors' Equipment Insurance from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. 28 CCDC 17-2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 11.1.2 If the Trade Contractor 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 to the Trade Contractor, the Construction Manager and the Consultant. The Trade Contractor 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 Trade Contractor. 11.1.3 The Owner shall obtain, maintain and pay for `wrap-up' general liability insurance in the joint names of the Owner, the Construction Manager, the Consultant and the Trade Contractor with limits of not less than $10,000,000 per occurrence and a deductible not more than $10,000. The insurance coverage shall be primary to all other insurance policies and shall not be substantially less than the insurance provided by IBC Form 2100 (including an extension for a standard provincial and territorial form of non -owned automobile liability policy) and IBC Form 2320, except for liability arising from damage to the Project during construction, which shall be limited to the completed operations period. The insurance shall be maintained from the date of commencement of the Project until 90 calendar days after the Project In -Use Date. The Owner is responsible to provide coverage for completed operations hazards from the Project In -Use Date for a period of 2 year. The Trade Contractor shall then provide, maintain and pay for liability insurance coverage for completed operations hazards with limits of not less than $5,000,000 per occurrence and a deductible not more than $5,000 on an ongoing basis for a further period of 4 years. 11.1.4 The Owner shall provide, maintain and pay for the following insurance coverages: .1 "Broad form" property insurance in the joint names of the Owner, the Trade Contractor, the Construction Manager, and the Consultant. The policy shall have limits of not less than the sum of 1.1 times Contract Price, and the full value, as stated in the Contract, of products and design services that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $10,000. The insurance coverage shall not be less than the insurance provided by the latest edition of IBC Forms 4042 and 4047 or their equivalent replacement. In addition to the exclusions identified in the latest edition of IBC forms 4042 and 4047, the Owner is not required to provide insurance coverage for Asbestos, Cyber Risk, Mould, or Terrorism. The "Broad form" property insurance shall be provided from the date of commencement of the Work until the earliest of - (1) f(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; (3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more than 30 consecutive calendar days. .2 Boiler and machinery insurance in the joint names of the Owner, the Trade Contractor, the Construction Manager, and the Consultant. The insurance shall have limits of not less than the replacement value of the permanent or temporary boilers and pressure vessels, and other insurable objects forming part of the Work. The insurance coverage shall not be less than the insurance provided by a comprehensive boiler and machinery policy. 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. .3 The "Broad form" property and boiler and machinery policies shall provide that, in the case of a loss or damage, payment shall be made to the Owner, the Trade Contractor, the Construction Manager, and the Consultant as their respective interests may appear. In the event of loss or damage: (1) the Construction Manager shall act on behalf of the Owner, the Trade Contractor and the Consultant 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 Trade Contractor 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 Trade Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Construction Manager may recommend in consultation with the Trade Contractor; (2) the Trade Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount 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. In addition the Trade Contractor shall be entitled to receive from the payments made by the insurer the amount of the Trade Contractor's interest in the restoration of the Work; and (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, shall pay the Trade Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in accordance with the progress payment provisions. CCDC 17-2010 29 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 11.1.5 Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance, .1 the Trade Contractor shall promptly provide the Construction Manager with confirmation of coverage under the policies specified in paragraph 11.1.1 and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Work; and .2 the Owner, through the Construction Manager, shall promptly provide the Trade Contractor with confirmation of coverage under the policies specified in paragraphs 11. 1.3 and 11. 1.4 and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Work. 11.1.6 The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any loss for which the above policies are required to pay, except where such amounts may be excluded by the terms of the Contract. 11.1.7 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Project. 11.1.8 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies reduced insurance requirements, the parties shall address such reduction, prior to the insurance policy becoming due for renewal, and record any agreement in a Change Order. 11.1.9 If a revised version of CCDC 41 — INSURANCE REQUIREMENTS is published, which specifies increased insurance requirements, either party may request the increased coverage by way of a Change Order. .11.1.10 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41— INSURANCE REQUIREMENTS. GC 11.2 CONTRACT SECURITY 11.2.1 The Trade Contractor shall, prior to commencement of the Work or within the specified time, provide to the Construction Manager 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 Project 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, WAIVER OF CLAIMS AND WARRANTY GC 12.1 INDEMNIFICATION 12.1.1 Without restricting the parties' obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Owner and the Trade Contractor shall each indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings 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) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose acts or omissions that party is liable, or (2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; 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 5.4.2.2 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 Project. The parties expressly waive the right to indemnity for claims other than those provided for in this Contract. 12.1.2 The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as follows: 1 In respect to losses suffered by the Owner and the Trade Contractor for which insurance is to be provided by either party pursuant to GC 11.1— INSURANCE, the insurance limit for the loss so covered in effect at the time of bid closing. .2 In respect to losses suffered by the Owner and the Trade Contractor 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 — CONTRACT PRICE or $2,000,000, but in no event shall the sum be greater than $20,000,000. 30 CCDC 17-2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. .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 12.1.2.1 and 12.1.2.2 shall apply. 12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12. 1.1 and 12.1.2 shall be inclusive of interest and all legal costs. 12.1.4 The Owner and the Trade Contractor shall indemnify and hold harmless the other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of their obligations described. in GC 9.2 — TOXIC AND HAZARDOUS SUBSTANCES. 12.1.5 The Owner shall indemnify and hold harmless the Trade Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in paragraph 10.3.2 of GC 10.3 —PATENT FEES, and .2 arising out of the Trade Contractor'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 Project. 12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Trade Contractor: 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; .2 should either party be required, as a result of its obligation to indemnify the other, 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 12.2 WAIVER OF CLAIMS 12.2.1 Subject to any lien legislation applicable to the Place of the Project, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Project, the Trade Contractor waives and releases the Owner from all claims which the Trade Contractor has or reasonably ought to have knowledge of that could be advanced by the Trade Contractor against the Owner arising from the Trade Contractor's involvement in the 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 Trade Contractor 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 Project; .2 indemnification for claims advanced against the Trade Contractor by third parties for which a right of indemnification may be asserted by the Trade Contractor against the Owner pursuant to the provisions of this Contract; .3 claims for which a right of indemnity could be asserted by the Trade Contractor pursuant to the provisions of. paragraphs 12.1.4 or 12.1.5 of GC 12.1— INDEMNIFICATION; and .4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.2 The Trade Contractor waives and releases the Owner from all claims referenced in paragraph 12.2.1.4 except for those referred in paragraphs 12.2.1.2 and 12.2.1.3 and claims for which Notice in Writing of claim has been received by the Owner from the Trade Contractor within 395 calendar days following the date of Substantial Performance of the Work. 12.2.3 Subject to any lien legislation applicable to the Place of the Project, as of the fifth calendar day before the expiry of the lien period provided by the lien legislation applicable at the Place of the Project, the Owner waives and releases the Trade Contractor from all claims which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against the Trade Contractor arising from the Owner's involvement in the 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 Trade Contractor 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 Project; .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 Trade Contractor pursuant to the provisions of this Contract; CCDC 17 — 2010 31 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. .3 claims for which a right of indemnity could be asserted by the Owner against the Trade Contractor pursuant to the provisions of paragraph 12.1.4 of GC 12.1 — INDEMNIFICATION; .4 damages arising from the Trade Contractor'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 12.3 — WARRANTY; and .6 claims arising from acts or omissions which occur after the date of Substantial Performance of the Work. 12.2.4 The Owner waives and releases the Trade Contractor from all claims referred to in paragraph 12.2.3.4 except claims for which Notice in Writing of claim has been received by the Trade Contractor 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 Project 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 Project; or .2 the Civil Code of Quebec, if the Place of the Project is the Province of Quebec. 12.2.5 The Owner waives and releases the Trade Contractor from all claims referenced in paragraph 12.2.3.6 except for those referred in paragraph 12.2.3.2, 12.2.3.3 and those arising under GC 12.3 — WARRANTY and claims for which Notice in Writing has been received by the Trade Contractor from the Owner within 395 calendar days following the date of Substantial Performance of the Work. 12.2.6 Notice in Writing of claim as provided for in GC 12.2 — WAIVER OF CLAIMS to preserve a claim or right of action which would otherwise, by the provisions of GC 12.2 — WAIVER OF CLAIMS, be deemed to be waived, must include the following: .1 a clear and unequivocal statement of the intention to claim; .2 a statement as to the nature of the claim and the grounds upon which the claim is based; and .3 a statement of the estimated quantum of the claim. 12.2.7 The party giving Notice in Writing of claim as provided for in GC 12.2 — WAIVER OF CLAIMS shall submit within a reasonable time a detailed account of the amount claimed. 12.2.8 Where the event or series of events giving rise to a claim made under paragraphs 12.2.1 or 12.2.3 has a continuing effect, the detailed account submitted under paragraph 12.2.7 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. 12.2.9 If a Notice in Writing of claim pursuant to paragraph 12.2.1.1 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 Project, the period within which Notice in Writing of claim shall be received pursuant to paragraph 12.2.3.1 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 Project. 12.2.10 If a Notice in Writing of claim pursuant to paragraph 12.2.3.1 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 Project, the period within which Notice in Writing of claim shall be received pursuant to paragraph 12.2.1.1 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 Project. GC 12.3 WARRANTY 12.3.1 Except for extended warranties as described in paragraph 12.3.7, the warranty period under the Contract is one year from the later of the date of Substantial Performance of the Work and the Project In- Use Date. 12.3.2 The Trade Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 The Trade Contractor shall submit to the Construction Manager for the Owner's acceptance all written warranties and related documents required by the Contract Documents. 12.3.4 The Owner, through the Constratction Manager, shall promptly give the Trade Contractor Notice in Writing of observed defects and deficiencies that occur during the one year warranty period. 32 CCDC 17 — 2010 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions. 12.3.5 Subject to paragraph 12.3.2, the Trade Contractor shall correct promptly, at the Trade Contractor's expense, defects or deficiencies in the Work which appear prior to and during the one year warranty period. 12.3.6 The Trade Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.5. 12.3.7 Any extended warranties beyond the one year warranty period as described in paragraph 12.3.1, shall be as specified in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Oivner. The Trade Contractor'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. CCDC 17-2010 33 Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of CCDC 17 — 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.