THE CORPORATION OF THE CITY OF MISSISSAUGA TRANSPORTATION AND WORKS DEPARTMENT INFRASTRUCTURE PLANNING AND ENGINEERING SERVICES DIVISION CAPITAL ...
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THE CORPORATION OF THE CITY OF MISSISSAUGA
TRANSPORTATION AND WORKS DEPARTMENT
INFRASTRUCTURE PLANNING AND
ENGINEERING SERVICES DIVISION
CAPITAL WORKS DELIVERY SECTION
SUPPLEMENTAL GENERAL CONDITIONS
January 2019SUPPLEMENTAL GENERAL CONDTIONS
INFRASTRUCTURE PLANNING AND ENGINEERING SERVICES DIVISION/CAPITAL WORKS DELIVERY SECTION
January 2019
INDEX
SECTION GC 1.0 INTERPRETATION ......................................................................................... 1
GC 1.04 DEFINITIONS ....................................................................................................... 1
GC 1.05 SUBSTANTIAL PERFORMANCE ............................................................................ 2
GC 1.06 COMPLETION ...................................................................................................... 3
GC 1.07 FINAL ACCEPTANCE ............................................................................................ 3
SECTION GC 2.0 CONTRACT DOCUMENTS .............................................................................. 4
GC 2.01 RELIANCE ON CONTRACT DOCUMENTS ............................................................. 4
GC 2.02 ORDER OF PRECEDENCE ..................................................................................... 4
SECTION GC 3.0 ADMINISTRATION OF THE CONTRACT ........................................................... 5
GC 3.01 CONTRACT ADMINISTRATOR’S AUTHORITY ....................................................... 5
GC 3.05 LAYOUT ............................................................................................................... 5
GC 3.07 DELAYS ................................................................................................................ 5
GC 3.13 CLAIMS, NEGOTIATIONS, MEDIATION ................................................................ 6
GC 3.13.04 NEGOTIATIONS ................................................................................................... 6
GC 3.13.05 MEDIATION ......................................................................................................... 6
GC 3.13.06 PAYMENT ............................................................................................................ 6
GC 3.14 ARBITRATION ...................................................................................................... 7
SECTION GC 4.0 OWNER'S RESPONSIBILITIES AND RIGHTS ..................................................... 8
GC 4.04 CONSTRUCTION AFFECTING RAILWAY PROPERTY ............................................. 8
GC 4.05 DEFAULT BY THE CONTRACTOR.......................................................................... 8
GC 4.10 TERMINATION OF THE CONTRACT ..................................................................... 9
SECTION GC 5.0 MATERIAL ...................................................................................................10
GC 5.02 QUALITY OF MATERIAL ..................................................................................... 10
GC 5.04 SUBSTITUTIONS ................................................................................................ 10
GC 5.06 STORAGE ........................................................................................................... 10
GC 5.06.01 STORAGE REQUIREMENTS ................................................................................ 10
GC 5.06.02 INSPECTION OF STORED MATERIALS ................................................................ 12
GC 5.06.03 OWNERSHIP OF STORED MATERIALS ............................................................... 12
GC 5.06.04 SECURITY INTEREST IN STORED MATERIALS .................................................... 13
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SECTION GC 6.0 INSURANCE, PROTECTION AND DAMAGE ....................................................14
GC 6.01 PROTECTION OF WORK, PERSONS AND PROPERTY ......................................... 14
GC 6.02 INDEMNIFICATION ............................................................................................ 14
GC 6.03 PROJECT INSURANCE ........................................................................................ 15
GC 6.03.01 GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE ........................ 15
GC 6.03.02 AIRCRAFT AND WATERCRAFT LIABILITY INSURANCE ....................................... 16
GC 6.03.02.01 AIRCRAFT LIABILITY INSURANCE ....................................................................... 16
GC 6.03.02.02 WATERCRAFT LIABILITY INSURANCE ................................................................ 17
GC 6.03.03 PROPERTY AND BOILER INSURANCE ................................................................ 17
GC 6.03.03.01 PROPERTY INSURANCE ..................................................................................... 17
GC 6.03.03.02 BOILER & MACHINERY INSURANCE .................................................................. 18
GC 6.03.03.03 USE AND OCCUPANCY OF THE WORK PRIOR TO COMPLETION ....................... 18
GC 6.03.03.04 PAYMENT FOR LOSS OR DAMAGE .................................................................... 19
GC 6.03.05 CONTRACTOR’S EQUIPMENT INSURANCE........................................................ 19
GC 6.03.06 INSURANCE REQUIREMENTS AND DURATION ................................................. 20
GC 6.04 BONDING .......................................................................................................... 21
GC 6.05 WORKPLACE SAFETY AND INSURANCE BOARD ................................................ 22
GC 6.06 CLAIMS HANDLING ........................................................................................... 22
SECTION GC 7.0 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK .................24
GC 7.01 GENERAL ........................................................................................................... 24
GC 7.02 LAYOUT ............................................................................................................. 28
GC 7.05 EXCESS LOADING OF MOTOR VEHICLES AND TRANSPORTATION OF DANGEROUS
GOODS .............................................................................................................. 29
GC 7.07 MAINTAINING ROADWAYS AND DETOURS ...................................................... 29
GC 7.11 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE THE CONTRACT 31
GC 7.12 NOTICES BY THE CONTRACTOR ........................................................................ 31
GC 7.13 OBSTRUCTIONS AND UTILITIES ......................................................................... 31
GC 7.14 LIMITATIONS OF OPERATIONS AND HOURS OF WORK .................................... 33
GC 7.16 WARRANTY ....................................................................................................... 34
GC 7.17 WORKERS' RIGHTS AND WAGES ....................................................................... 35
GC 7.19 AUTHORITY OF THE SUPERINTENDENT ............................................................ 36
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GC 7.20 USE OF HYDRANTS AND WATER ....................................................................... 36
SECTION GC 8.0 MEASUREMENT AND PAYMENT ..................................................................37
GC 8.01 MEASUREMENT ................................................................................................ 37
GC 8.01.01 QUANTITIES ...................................................................................................... 37
GC 8.01.02 VARIATIONS IN QUANTITIES ............................................................................. 38
GC 8.02.02 ADVANCE PAYMENTS FOR MATERIAL .............................................................. 39
GC 8.02.03.01 PROGRESS PAYMENT CERTIFICATE ................................................................... 39
GC 8.02.03.03 SUBCONTRACT STATUTORY HOLDBACK RELEASE CERTIFICATE AND PAYMENT39
GC 8.02.03.04 CERTIFICATE OF SUBSTANTIAL PERFORMANCE ............................................... 39
GC 8.02.03.05 SUBSTANTIAL PERFORMANCE PAYMENT AND SUBSTANTIAL PERFORMANCE
STATUTORY HOLDBACK RELEASE PAYMENT CERTIFICATES ............................. 40
GC 8.02.03.07 COMPLETION PAYMENT AND COMPLETION STATUTORY HOLDBACK RELEASE
PAYMENT CERTIFICATES ................................................................................... 40
GC 8.02.03.08 INTEREST ........................................................................................................... 40
GC 8.02.03.09 INTEREST FOR LATE PAYMENT ......................................................................... 40
GC 8.02.03.10 INTEREST FOR NEGOTIATIONS AND CLAIMS .................................................... 41
GC 8.02.03.11 OWNER’S SET-OFF ............................................................................................ 41
GC 8.02.04 PAYMENT ON A TIME AND MATERIAL BASIS ................................................... 41
GC 8.02.04.01 DEFINITIONS ..................................................................................................... 41
GC 8.02.04.03 PAYMENT FOR WORK ....................................................................................... 41
GC 8.02.04.04 PAYMENT FOR LABOUR .................................................................................... 42
GC 8.02.04.08 PAYMENT FOR WORK BY SUBCONTRACTORS .................................................. 42
GC 8.02.04.09 SUBMISSION OF INVOICES................................................................................ 42
GC 8.02.09 LIQUIDATED DAMAGES .................................................................................... 42
GC 8.02.10 CONTINGENCY ALLOWANCE ............................................................................ 43
GC 8.02.11 CONSTRUCTION LIENS ...................................................................................... 43
SECTION GC 9.0 OTHER TERMS AND CONDITIONS OF CONTRACT ..........................................45
GC 9.01 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE ..................................... 45
GC 9.02 CHANGE PROPOSALS AFTER CONTRACT AWARD ............................................ 46
GC 9.03 CONFLICT OF INTEREST..................................................................................... 46
GC 9.04 SUPPLIER CODE OF CONDUCT .......................................................................... 46
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GC 9.05 ETHICAL CONDUCT ........................................................................................... 48
GC 9.06 CONTRACTOR PERFORMANCE MANAGEMENT AND EVALUATION ................. 48
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For the purposes of this Contract, the Ontario Provincial Standards OPSS. MUNI 100, General Conditions of
Contract and General & Construction Specifications (November 2006 issue) shall be amended as set out herein.
SECTION GC 1.0 INTERPRETATION
GC 1.04 DEFINITIONS
The definitions of “Contract Documents”, "Contract Time", "Controlling Operation",
"Sub-Contractor", “Utility” and “Warranty Period” in GC 1.04 are deleted and replaced
with following:
“Contract Documents” means the documents listed in paragraph .01 of GC 2.02 of the
General Conditions as amended by the Supplemental General Conditions together with
such other documents as may be listed in the Agreement and subsequent amendments to
the Contract Documents made pursuant to the provisions of the Agreement.
"Contract Time" means the time stipulated in the Contract Documents for Final
Acceptance of the Work, including any extension of Contract Time made pursuant to the
Contract Documents.
"Controlling Operation" means any component of the Work, as determined by the Project
Manager, which, if delayed, will delay the completion of the Work.
"Sub-Contractor" means a person, firm or corporation that undertakes the execution of a
part of the Work by virtue of an agreement with the Contractor; and for the sole purpose
of administering Section 33, Certificate re subcontract,, of the Construction Lien Act, as
amended, means a person, firm or corporation that undertakes the execution of one or
more complete tender items identified in the Contract Documents by virtue of an
agreement with the Contractor.
‘Utility” means an aboveground or underground facility maintained by a municipality,
public utility, authority or regulated authority and includes services such as sanitary
sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone, and
cable television and, without limiting the generality of the foregoing shall include the plant
and pipe lines referred to in GC 7.13.10 of these Supplemental General Conditions.
“Warranty Period” means the period of twelve (12) months from the date of completion
of the Work as described in GC 1.06 of the General Conditions as amended by the
Supplemental General Conditions, as determined by the Project Manager, or such period
longer than twelve (12) months as may be specified in the Contract Documents for certain
Materials or some or all of the Work.
GC 1.04 is amended by the addition of the following definitions:
“Act” shall mean the Construction Act, R.S.O. 1990, Chapter C. 30, and any amendments
thereto.
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"Aggregate" means gravel, sand, clay, earth, shale, stone, limestone, dolostone,
sandstone, marble, granite or rock other than metallic ores; slag and clinkers.
"Corporation" or “City” or “Owner” means The Corporation of the City of Mississauga in
the Province of Ontario.
"Commercial Source", with or without initial capital letters, means a place where
aggregate or a product containing aggregate, is made available for sale.
"Delineator" means a TC-52 construction marker as described in the Ontario Traffic
Manual.
"Director of Infrastructure Planning and Engineering Services" means the Corporation’s
Director of Infrastructure Planning and Engineering Services.
“Final Acceptance” has the meaning assigned to it in GC 1.07 of the General Conditions.
“Form of Offer” or “Form of Tender” means the document entitled “Form of Offer”
appearing in the City’s Bidder Response Package which a Bidder is to complete and submit
with its Tender, as may be amended by agreement between the Owner and the Bidder.
“Indemnified Persons” shall have the meaning assigned to it in Clause .01 of GC 6.02,
Indemnification in the General Conditions as amended by these Supplemental General
Conditions.
"Project Manager" means the person, partnership or corporation designated by the
Owner to be the Owner's representative for the purpose of the Contract, and includes,
with the same meaning and importance, "Contract Administrator".
"Quarried Rock" means material removed from an open excavation made in a solid mass
of rock which, prior to removal, was integral to the parent mass.
"Quarry" means a place where aggregate has been or is being removed from an open
excavation made in a solid mass of igneous, sedimentary or metamorphic rock or any
combination of these which, prior to removal, was integral to the parent mass.
All references to the Construction Lien Act that appear the Ontario Provincial Standards OPSS. MUNI
100, General Conditions of Contract and General & Construction Specifications (November 2006
issue) shall be deleted in their entirety and replaced by “Act” as defined above.
GC 1.05 SUBSTANTIAL PERFORMANCE
Paragraph .01 of GC 1.05, is deleted and replaced by the following:
.01 The Work is substantially performed,
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a) when the Work or a substantial part thereof has passed inspection and is ready
for use or is being used for the intended purposes; and
b) when the Work is capable of completion or, where there is a known defect, the
cost of completion or correction is not more than:
i. 3% of the first $1,000,00 of the Contract price,
ii. 2% of the next $1,000,000 of the Contract price, and
iii. 1% of the balance of the Contract price.
GC 1.05 is amended by adding the following as paragraph .03:
.03 For the purposes of paragraph .02 of this Subsection GC 1.05, interruption of Work
caused by the winter season shall not be interpreted to mean that the Work cannot
be completed expeditiously.
GC 1.06 COMPLETION
Paragraph .01 of GC 1.06.01 is deleted and replaced by the following:
.01 The Work shall be deemed to be completed when all services and Materials required
have been supplied.
GC 1.07 FINAL ACCEPTANCE
GC 1.07 is amended by the addition of the following:
.02 Final Acceptance will not occur until the Work has satisfactorily passed all the
Owner’s inspection and testing requirements.
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SECTION GC 2.0 CONTRACT DOCUMENTS
GC 2.01 RELIANCE ON CONTRACT DOCUMENTS
Subparagraph (a) of GC 2.01.01 shall be deleted and replaced by the following:
a) The location of all mainline underground Utilities that may affect the Work shall be
shown to a tolerance of 1m horizontal.
GC 2.02 ORDER OF PRECEDENCE
The title of GC 2.02 shall be changed to:
GC 2.02 IDENTIFICATION OF CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE
Paragraph .01 of GC 2.02 shall be deleted and replaced by the following:
.01 The documents listed below shall constitute the Contract Documents. In
the event of any inconsistency or conflict in the contents of the any of
the documents listed below, such documents shall take precedence and
govern in the following order:
a) Any Amendment to the Agreement
b) Agreement
c) Special Conditions
d) Confirmatory Notice, if applicable
e) Form of Offer and Schedule of Quantities & Unit Prices
f) Special Provisions
g) Contract Drawings
h) Supplemental Specifications
i) City of Mississauga Standard Drawings
j) Supplemental General Conditions
k) General Conditions
l) Region of Peel Standards for Roads and Public Works as applicable
to Region of Peel Sanitary and Water Services
m) Applicable Ontario Provincial Standard Specifications for Roads and
Public Works
n) Applicable Ontario Provincial Standard Drawings for Roads and
Public Works
Later dates will govern within each of the above categories of
documents.
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SECTION GC 3.0 ADMINISTRATION OF THE CONTRACT
GC 3.01 CONTRACT ADMINISTRATOR’S AUTHORITY
Paragraph .16 of GC 3.01 shall be amended as follows:
The reference to “Workplace Safety and Insurance Board Act” in the second and third
lines shall be deleted and replaced by “Workplace Safety and Insurance Act, 1997,
S.O.1997, c.16, Schedule “A”, as amended.
GC 3.05 LAYOUT
Paragraph .01 of GC 3.05.01 shall be deleted and replaced by the following:
01. Layout of the construction work shall be performed by the City, unless otherwise
specified in the Contract Documents. It is essential that the Contractor give the City
at least forty-eight hours’ written notice for all required lines and grades to enable
the City to establish the layout work.
GC 3.07 DELAYS
Paragraph .02 of GC 3.07 shall be deleted and replaced by the following:
.02 If the Work is delayed by labour disputes, strikes or lock-outs, including lock-outs
decreed or recommended to its members by a recognized contractors association of
which the Contractor is a member or to which the Contractor is otherwise bound,
which are beyond the Contractor’s control, then the Contract Time shall be
extended in accordance with subsection GC 3.06, Extension of Contract Time. In no
case shall the extension of Contract Time be less than the time lost as the result of
the event causing the delay, unless a shorter extension is agreed to by the
Contractor. The Contractor shall not be entitled to payment for costs incurred as
the result of such delays unless such delays are the result of actions by the Owner.
GC 3.07 is amended by adding the following as paragraphs .04, .05 and .06:
.04 If the Contractor is delayed in the performance of the Work by Uncontrollable
Circumstances, then the Contract Time shall be extended for such reasonable time
as the Contract Administrator may recommend in consultation with the Contractor.
The extension of time shall not be less than the time lost as a result of the event
causing the delay, unless the Contractor agrees to a shorter extension. The
Contractor shall not be entitled to payment for costs incurred by such delays.
.05 In the event of Uncontrollable Circumstances lasting a minimum of thirty (30) days
the Owner may, upon giving the Contractor notice in writing, terminate the
Contract, provided however, the notice in writing must be provided prior to the end
of the Uncontrollable Circumstances.
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.06 In GC 3.07, “Uncontrollable Circumstances” means any circumstance, occurrence,
event, or cause that is beyond the reasonable control of the party seeking relief
from its obligations under the Contract, other than bankruptcy or insolvency or
economic hardship, which prevents the performance by a party of any of its
obligations under the Contract. Uncontrollable Circumstances include fire; unusual
delay by common carriers or unavoidable casualties; acts, orders (other than a stop
work order referred to in subparagraph c) of GC .07.01), legislation, regulations or
directives of any government or other public authority having jurisdiction; acts of a
public enemy, terrorism, sabotage, earthquake, pandemic or epidemic.
Uncontrollable Circumstances shall not include:
a circumstance, occurrence, event or cause referred to in paragraphs .01 or .02 of
this GC 3.07; a circumstance, occurrence, event or cause brought about by a party’s
default or active commission or omission; a circumstance, occurrence, event or
cause that could have been avoided or mitigated by the exercise of reasonable
effort or foresight by a party.
GC 3.07 is further amended by adding the following as paragraph .07:
.07 The Owner shall not be deemed to be in default of the Contract for any delay in
payment which results from:
a) war, blockades, or civil commotions;
b) a pandemic, epidemic or other serious illness affecting the Owner’s internal
administrative work force.
GC 3.13 CLAIMS, NEGOTIATIONS, MEDIATION
GC 3.13.04 NEGOTIATIONS
Paragraph .02 of GC 3.13.04, Negotiations, shall be amended as follows:
.02 The phrase “or subsection GC 3.14, Arbitration” shall be deleted from
the end of Paragraph .02.
GC 3.13.05 MEDIATION
Paragraph .03 of GC 3.13.05, Mediation, shall be amended as follows:
.03 The words “prior to proceeding to arbitration” shall be deleted from the
3rd line.
GC 3.13.06 PAYMENT
Paragraph .01 of GC 3.13.06, Payment, shall be deleted and replaced by the following:
.01 Payment of the claim will be made on the next Payment Certificate (as described in
GC 8.02, Payment) issued after the date of resolution of the claim or dispute. Such
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payment will be made according to the terms of GC 8.0, Measurement and
Payment.
GC 3.14 ARBITRATION
GC 3.14, Arbitration, is deleted in its entirety.
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SECTION GC 4.0 OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.04 CONSTRUCTION AFFECTING RAILWAY PROPERTY
GC 4.04 is deleted in its entirety and replaced by the following:
.01 When construction affects railway property, the Owner will pay the costs of all
flagging and other traffic control measures required and provided by the railway
company within the working area.
GC 4.05 DEFAULT BY THE CONTRACTOR
Paragraph .01 of Subsection GC 4.05.01 is deleted in its entirety and replaced by the
following:
.01 The Contractor shall be deemed to be in default of its contractual obligations if any
of the following occurs:
a) if the Contractor fails to commence the Work within 14 days of a formal order
to commence work signed by the Contract Administrator; or
b) if, upon commencement of the Work, the Contractor neglects to prosecute the
Work properly or in a timely manner, or
c) if the Contractor otherwise fails to comply with the requirements of the
Contract; or
d) if the Contractor is otherwise in material breach of the Contract; or
e) if any of the statements contained in the Form of Offer are untrue or incorrect;
or
f) if the Contractor fails to comply with all municipal laws and regulations as they
pertain to the City of Mississauga in respect of the operation of the Contractor’s
business or is convicted of a statutory offence relating to the City of Mississauga
and/or if the Contractor fails to ensure that each of its subcontractors and
suppliers also remains in compliance with such municipal laws and regulations
in respect of the performance of the Contract or if any of its subcontractors or
suppliers is convicted of a statutory offence relating to the City of Mississauga;
or
g) if the Contractor fails to comply with all federal and provincial laws in respect of
the performance of the Contract; or
h) if the Contractor or any of its subcontractors or suppliers is a party in judicial or
arbitral proceedings against or by the Corporation, other than in respect of this
Contract; or
i) if the Contractor or any of its subcontractors or suppliers is party to a claim
against or by the Corporation, other than in respect of the Contract; or
j) if the Contractor or any of its subcontractors or suppliers is related to or
controlled by another person or entity to whom or to which, as applicable,
statements f), g), h) or i) immediately above applies.
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In the event of any such occurrence, the Owner may, without prejudice to any other
right or remedy the Owner may have, notify the Contractor in writing that the
Contractor is in default of the Contractor’s contractual obligations and instruct the
Contractor to correct the default in five (5) Working Days immediately following the
receipt of such notice.
GC 4.10 TERMINATION OF THE CONTRACT
GC 4.10 is amended by adding the following as paragraph .03:
.03 Effective on the date of termination, the Contractor shall no longer be authorized to
access any electronic document retention system for the Work that may have been
put in place by or on behalf of the Owner.
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SECTION GC 5.0 MATERIAL
GC 5.02 QUALITY OF MATERIAL
Clause .01 of GC 5.02 shall be deleted and replaced by the following:
.01 All Material supplied by the Contractor shall be new, unless otherwise specified in
the Contract Documents, and shall conform to all current applicable specifications of
the Canadian Standards Association, Canadian Standards Board or General
Standards Board, ASTM, National Building Code, Ontario Building Code, National Fire
Prevention Association, the Technical Standards and Safety Authority and all
governmental authorities having jurisdiction at the Working Area, unless other
specified in the Contract Documents. Materials which are not specified shall be of a
quality consistent with those specified and their use acceptable to the Project
Manager. Materials brought on to the Working Area shall be deemed to be the
property of the Owner, but the Owner shall be under no liability for loss thereof or
damage thereto arising from any cause whatsoever. Such Materials shall be at the
sole risk of the Contractor.
GC 5.04 SUBSTITUTIONS
Clause .03 of GC 5.04 shall be deleted and replaced by the following:
.03 If the proposed substitution is approved by the Project Manager, the Project
Manager and the Contractor shall negotiate an appropriate price adjustment.
GC 5.06 STORAGE
Add new GC 5.06 STORAGE, as follows:
GC 5.06.01 STORAGE REQUIREMENTS
.01 The Owner shall have the right, upon prior notice to the Contractor, to store any
part of the City’s inventory of Materials in premises the Contractor owns or controls
(the “Premises”). Any Materials stored in the Premises are referred to in this GC
5.06, STORAGE, as “Stored Materials”.
.02 The Contractor shall, at its sole expense and in accordance with this GC 5.06,
STORAGE, store Stored Materials at its Premises until the Stored Materials are
delivered to the Working Area.
.03 In storing the Stored Materials, the Contractor shall exercise the degree of care and
skill as would a prudent owner with respect to similar goods and materials and shall
take reasonable steps to protect and maintain the Stored Materials.
.04 The Contractor shall maintain a control system with respect to the inventories of
Stored Materials on hand at the Premises from time to time. The control system
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shall consist of a written, auditable record of all Stored Materials received into
inventory of Stored Materials at the Premises, their quantities, the dates of receipt,
their condition at the time of receipt, the dates of transfer of title to the Owner and
the dates of shipment to the Working Area.
.05 Without limiting the generality of paragraphs .03 and .04 of GC 5.06.01, the
Contractor shall comply with the following requirements:
.1 store the Stored Materials in accordance with the Owner’s reasonable
requirements so that they are protected from damage;
.2 report the location of the Premises to the Owner;
.3 if the Premises are leased or licensed, maintain the lease or license, as
applicable, for the Premises in good standing.
.4 If the Premises are owned by the Contractor but subject to a mortgage,
maintain the mortgage in good standing;
.5 ensure that the Premises are: secure; protected by fire suppression systems;
protected against flooding and other disasters; climate-controlled for the
storage of the Stored Materials; clean; free from pests and vermin and
otherwise suitable for the storage of the Stored Materials;
.6 clearly identify the Stored Materials as property of the Owner by visible
marking or tagging or by such other identification as may be required by the
Owner and the Contractor shall, without limiting the generality of the
foregoing:
a) mark or tag all Stored Materials with the following notation:
“PROPERTY OF THE CITY OF MISSISSAUGA”;
b) in appropriate locations for each area in the Premises where Stored
Materials are stored, post visible signs reading:
“THE GOODS IN THIS AREA ARE THE PROPERTY OF THE CITY OF
MISSISSAUGA”;
c) make all such markings and signs using paint or other methods that are
waterproof and that will withstand exposure for up to six (6) months so
that all markings remain legible;
d) provide notice to the Owner of each receipt at the Premises into
inventory of Stored Materials and each delivery of Stored Materials
from the Premises to the Working Area or elsewhere;
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.7 carry out all reasonable additional instructions from the Owner with respect to
the manner of storage of Stored Materials;
.8 transport Stored Materials to the Working Area at its cost as and when
instructed to do so by the Owner or the Project Manager; and
.9 with respect to Stored Materials for which the Owner has paid, permit the
Owner, at its sole discretion, to remove from the Premises such Stored
Materials at any time and, from time to time, at no cost to the Owner, co-
operate and otherwise assist the Owner in that regard. Without limiting the
generality of the foregoing, the Contractor shall make available to the Owner
any of its loading and handling equipment for the above purposes, including,
without limitation, hoists, cranes, forklifts and pallets.
.06 The Contractor shall not use or deal with Stored Materials or remove Stored
Materials from the Premises except as the Owner’s trustee for the sole purpose of
delivering the Stored Materials to the Working Area or such other locations as the
Owner may reasonably direct. Any removal of Stored Materials from the Premises,
other than as permitted under this GC 5.06, STORAGE, shall be a default under the
Contract and, without limiting any other remedies of the Owner, the Contractor
shall be liable for any resulting loss or damage to Stored Materials.
.07 The Contractor shall not change its storage, maintenance or security methods as
required above without the prior written approval of the Owner.
GC 5.06.02 INSPECTION OF STORED MATERIALS
.01 The Contractor hereby grants access to the Premises to the Owner and the Project
Manager for the purpose of inspecting the Stored Materials and for the purpose of
determining that the Contractor is complying with the storage, maintenance and
security requirements stipulated in GC 5.06.01. The Contractor shall permit the
Owner and the Project Manager, immediate access to the Premises without the
Owner giving the Contractor notice of when such inspection will occur. However,
neither the authority of the Owner or the Project Manager to inspect, nor any
decision made by the Owner either to exercise or not to exercise such authority
relieves the Contractor from any of its obligations set out in GC 5.06, STORAGE.
GC 5.06.03 OWNERSHIP OF STORED MATERIALS
.01 The Contractor hereby covenants and agrees that, notwithstanding any contrary
provisions of the Contract, upon the earlier of: (i) delivery of Stored Materials to the
Working Area; and (ii) the Owner paying for Stored Materials, all right, interest,
property, claim, title and ownership in and to the Stored Materials shall vest in the
Owner, Stored Materials shall be and become the property of the Owner, and the
Contractor’s possession of Stored Materials shall be solely as trustee and bailee of
the Owner.
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.02 The Owner shall not be required to make any payment with respect to Stored
Materials until:
a) the Owner is satisfied that the Stored Materials have been identified and
stored in accordance with the terms and conditions described in GC 5.06,
STORAGE;
b) the Owner is satisfied that no person’s rights or interests in the Premises or in
the Contractor’s assets, property or attach or extend to the Stored Materials,
including, without limitation, any rights or interests of landlords or
mortgagees;
c) the Contractor has executed and delivered to the Owner a Bill of Sale in favour
of the Owner with respect to the Stored Materials for which payment is being
made, which Bill of Sale shall be in form and content satisfactory to the Owner;
d) the Contractor has provided proof of applicable insurance for the Stored
Materials to the Owner.
.03 The Owner will pay the holdback provided for in the Contract to the Contractor in
the manner and at the time set out in the Contract. Payment of such holdback
subsequent to the execution and delivery of the applicable Bill of Sale will not affect
the absolute nature of the Contractor’s transfer of ownership of Stored Materials to
the Owner pursuant to the applicable Bill of Sale.
GC 5.06.04 SECURITY INTEREST IN STORED MATERIALS
.01 As additional security for the timely performance of the Contractor’s obligations
under GC 5.06, STORAGE, the Contractor hereby grants to the Owner a security
interest under the Personal Property Security Act of Ontario, as amended, in and to
all Stored Materials whose title has yet to be transferred to the Owner, including,
without limitation, all material or other personal property intended to become
accessions to or be commingled with the Stored Materials and all proceeds and
replacement property of all Stored Materials and such other materials and other
personal property.
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SECTION GC 6.0 INSURANCE, PROTECTION AND DAMAGE
GC 6.0 is deleted in its entirety and replaced by the following:
GC 6.01 PROTECTION OF WORK, PERSONS AND PROPERTY
.01 The Contractor, the Contractor’s agents, and all workers employed by or under the
control of the Contractor, including Subcontractors, shall protect the Work, Persons,
and property from damage or injury. The Contractor shall be responsible for all
losses and damage that may arise as the result of the Contractor’s operations under
the Contract, unless indicated to the contrary below.
.02 The Contractor is responsible for the full cost of any necessary temporary protective
work or works and the restoration of all damage where the Contractor damages the
Work or property in the performance of the Contract. If the Contractor is not
responsible for the damage that occurs to the Work or property, the Contractor shall
restore such damage, and such work and payment shall be administered according
to these General Conditions.
.03 The Contractor shall immediately inform the Contract Administrator of all damage
and injuries that occur during the term of the Contract. The Contractor shall then
investigate and report back to the Contract Administrator within 15 days of
occurrence of incident, or as soon as possible.
.04 The Contractor shall not be responsible for loss and damage that occurs as a result
of:
a) war;
b) blockades and civil commotions;
.05 The Contractor and the Contractor’s Surety shall not be released from any term or
provision of any responsibility, obligation, or liability under the Contract or waive or
impair any of the rights of the Owner, except by a release duly executed by the
Owner.
GC 6.02 INDEMNIFICATION
.01 The Contractor shall indemnify and hold harmless the Owner and the Contract
Administrator and, as applicable, their elected officials, officers, employees, agents,
contractors, successors and assigns (the “Indemnified Persons”) from and against all
claims, demands, damages, losses, expenses, costs (including legal fees), actions,
suits or proceedings by whomsoever made, brought or prosecuted in any manner,
arising out of, resulting from or attributable to the Contractor’s or any
Subcontractor’s or supplier’s performance or non-performance of the Contract, or
arising out of, resulting from or attributable to any negligent act or omission of the
Contractor, any Subcontractor or supplier or any of its or their employees, invitees,
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contractors, subcontractors, consultants, sub-consultants, and agents in relation to
the Work or Working Area.
.02 The Contractor shall indemnify and hold harmless the Owner from all and every
claim for damages, royalties or fees for the infringement of any patented invention
or copyright occasioned by the Contractor in connection with the Work performed
or Material furnished by the Contractor under the Contract.
GC 6.03 PROJECT INSURANCE
.01 Without restricting the generality of subsection GC 6.02, Indemnification, the
Contractor shall obtain and maintain at its own expense, including the cost of any
applicable deductible, the following policies of insurance.
.02 The Contractor shall provide the Contract Administrator with an original Certificate
of Insurance for each type of insurance coverage that is required by the Contract
Documents. The Contractor shall ensure that the Contract Administrator is, at all
times in receipt of a valid Certificate of Insurance for each type of insurance
coverage, in such amounts as specified in the Contract Documents. The Contractor
will not be permitted to commence work until the Contract Administrator is in
receipt of such proof of insurance. The Contract Administrator may withhold
payments of monies due to the Contractor until the Contractor has provided the
Contract Administrator with original valid Certificates of Insurance as required by
the provisions of the Contract Documents.
GC 6.03.01 GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE
.01 The insurance shall include but not be limited to:
a) Commercial General Liability Insurance in the amount not less than Ten
Million Dollars ($10,000,000) per occurrence that protects the Contractor
from all claims, demands actions, causes of action that may be taken or made
against the Contractor, its employees or agents, for any loss of or damage to
property, and personal injury, including bodily injury or death, that may arise
with respect to the Contractor’s performance of the Work or any acts or
omissions relating to its obligations as set out in the Contract. To achieve the
desired limit, Umbrella or Excess liability insurance may be used. This policy
must include:
i. non-owned automobile liability, contractual liability, owners’ and
contractors’ protective liability, broad form property damage, broad form
products, a 24 month completed operations liability extension, premises
liability, employee as additional insured’s, contingent employers liability,
cross liability and severability of interest clauses;
ii. the Owner, the Contract Administrator, the Regional Municipality of Peel
and any other parties deemed relevant by the Project Manager, together
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with their respective elected officials, officers, employees, agents,
contractors, successors and assigns, as applicable, must be added as
additional insured’s, but only with respect to liability arising out of the
operations of the Contractor and its performance of the Work as outlined
in the Contract;
iii. a waiver of subrogation rights which the insurers may have against the
City and against those for whom the City is in law responsible;
iv. where the Work involves one or more of the following activities:
(a) the use of explosives for blasting;
(b) vibration from pile driving or caisson work;
(c) the removal or weakening of support of any property, building or land
whether such support be natural or otherwise, explosion, collapse
and underground (“XCU”) coverage’s shall be added by endorsement
to the policy and noted on the certificate of insurance;
v. unless otherwise approved by the Owner, the Contractor’s deductible on
the Commercial General Liability policy and, if applicable, Contractors
Pollution Liability Insurance shall be not more than $25,000; and
vi. the insurance coverage shall remain in effect throughout the time that the
Contract is in effect, and for 24 months following completion.
b) Motor Vehicle Liability Insurance that complies with all requirements of the
current legislation of the Province of Ontario, having an inclusive limit of not
less than Five Million Dollars ($5,000,000) per occurrence in respect of bodily
injury or property damage arising out of the ownership, use or operation of all
owned and or leased automobiles.
c) Environmental Impairment Liability having an inclusive limit of not less than
Two Million Dollars ($2,000,000) per occurrence to insure the Contractor’s
liability for third-party claims caused by pollution events arising out of
operations performed by or on behalf of the insured in the performance of the
Work under the Contract. The applicable deductible shall not be more than
$100,000. Contractor’s Pollution Liability coverage and shall remain in effect
for 24 months following the completion of the work.
GC 6.03.02 AIRCRAFT AND WATERCRAFT LIABILITY INSURANCE
GC 6.03.02.01 AIRCRAFT LIABILITY INSURANCE
.01 Aircraft liability insurance, as may be applicable, with respect to owned or non-
owned aircraft used directly or indirectly in the performance of the Work, including
use of additional premises, shall be subject to limits of not less than five million
dollars inclusive per occurrence for bodily injury, death, and damage to property
including loss of use thereof, and limits of not less than five million dollars for
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aircraft passenger hazard. Such insurance shall be in a form acceptable to the
Owner. The policies shall be endorsed to provide the Owner with not less than 30
Days written notice in advance of cancellation, change, or amendment restricting
coverage.
GC 6.03.02.02 WATERCRAFT LIABILITY INSURANCE
.01 Watercraft liability insurance, as may be applicable, with respect to owned or non-
owned watercraft used directly or indirectly in the performance of the Work,
including use of additional premises, shall be subject to limits of not less than five
million dollars inclusive per occurrence for bodily injury, death, and damage to
property including loss of use thereof. Such insurance shall be in a form acceptable
to the Owner. The policies shall be endorsed to provide the Owner with not less
than 30 Days written notice in advance of cancellation, change, or amendment
restricting coverage.
GC 6.03.03 PROPERTY AND BOILER INSURANCE
GC 6.03.03.01 PROPERTY INSURANCE
.01 Builder’s Risk Insurance which covers the Place of Work for the full amount of the
Contract Price inclusive of all change orders that increase the project price plus the
full value of any optional features or other options that the Owner elects to order
(but the Owner may require insurance up to the amount of the replacement cost of
any building or structure in, on, or upon which any Work is to be done under the
Contract, where in the reasonable opinion of the Owner there is a sufficient risk of
damage to the same). Such policy shall:
a) apply to all risks of direct loss or damage (including vandalism, theft and
sinkhole) subject to the actual policy form;
b) unless otherwise directed in writing by the Owner, or stipulated elsewhere
herein, be in force and be maintained from the commencement date of the
Contract until the day of issue of the certificate of Substantial Performance of
the Work;
c) apply to all Products, labour, equipment and supplies of every nature, the
property of the Owner or Contractor or for which the Owner or Contractor
may have assumed responsibility (whether on site or in transit), that is to be
used in or pertaining to site preparation, and the erection, fabrication,
construction, reconstruction, re-modeling or repair of any building, structure,
other fixture or thing;
d) include the installation, testing and any subsequent use of machinery and
equipment, including boilers, pressure vessels or vessels under vacuum if such
exposure exists with a coverage period of at least 4 weeks;
e) include damage to the Work caused by an accident to or the explosion of any
boiler or other pressure vessel or equipment forming part of the Work if such
exposure exists;
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f) include off-site storage, transit and installation risks with a limit of at least
$1,000,000;
g) include flood and earthquake insurance;
h) include coverage for loss of income, extra expense and/or expediting expense
if such exposures exist;
i) be subject to a waiver of coinsurance;
j) include By-Laws and Professional Service Fees Coverage
k) include Sewer Back-up Coverage
l) include Off Premises Service Interruption coverage (24 hour waiting period)
m) permit use and occupancy of the Project, or any part thereof, where such use
and occupancy is for the purposes for which the Project is intended upon
completion;
n) be endorsed to cover the interest of the Owner ;
o) unless otherwise approved by the Owner, provide for a deductible of not more
than $25,000; and
p) provide that in the case of a loss or damage, payment shall be made to the
Owner as their interest may appear. The Contractor shall act on behalf of the
Owner for the purpose of adjusting the amount of such loss or damage
payment with the insurer. When the extent of the loss or damage is
determined, the 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 Contractor shall be entitled to a reasonable extension of
Contract Time.
GC 6.03.03.02 BOILER & MACHINERY INSURANCE
.01 Boiler & Machinery Insurance insuring, as may be applicable, the interests of
the Contractor, the Owner and the Contract Administrator for not less than
the replacement value of boilers and pressure vessels forming part of the
Work, shall be in a form acceptable to the Owner. This insurance shall be
maintained continuously from commencement of use or operation of the
property insured until 10 Days after the date of Final Acceptance of the Work,
as set out in the Final Acceptance Certificate.
GC 6.03.03.03 USE AND OCCUPANCY OF THE WORK PRIOR TO COMPLETION
.01 Should the Owner wish to use or occupy part or all of the Work prior to
Substantial Performance, the Owner shall give 30 Days written notice to the
Contractor of the intended purpose and extent of such use or occupancy. Prior
to such use or occupancy, the Contractor shall notify the Owner in writing of
the additional premium cost, if any, to maintain property and boiler insurance,
which shall be at the Owner’s expense. If because of such use or occupancy
the Contractor is unable to provide coverage, the Owner upon written notice
form the Contractor and prior to such use or occupancy shall provide,
maintain, and pay for property and boiler insurance insuring the full value of
the Work, including coverage for such use or occupancy, and shall provide the
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Contractor with proof of such insurance. The Contractor shall refund to the
Owner the unearned premiums applicable to the Contractor’s policies upon
termination of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall
be made to the Owner and the Contractor as their respective interests may
appear. The Contractor shall act on behalf of both the Owner and the
Contractor 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 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 Contractor shall be entitled to such reasonable
extension of Contract Time relative to the extent of the loss or damage as the
Contract Administrator may decide in consultation with the Contractor.
GC 6.03.03.04 PAYMENT FOR LOSS OR DAMAGE
.01 The Contractor shall be entitled to receive from the Owner, in addition to the
amount due under the Contract, the amount at which the Owner’s interest in
restoration of the Work has been appraised, such amount to be paid as the
restoration of the Work proceeds, and in accordance with the requirements of
Section GC 8.0, Measurement and Payment. In addition, the Contractor’s
interest in the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies,
except where such amounts may be excluded from the Contractor’s
responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or
omission of the Owner or others, the Owner shall pay the Contractor the cost
of restoring the Work as the restoration of the Work proceeds and in
accordance with the requirements of Section GC 8.0, Measurement and
Payment.
GC 6.03.05 CONTRACTOR’S EQUIPMENT INSURANCE
.01 All Risks Contractor’s Equipment Insurance covering construction machinery and
equipment used by the Contractor for the performance of the Work, including boiler
insurance on temporary boilers and pressure vessels, shall be in a form acceptable
to the Owner and shall not allow subrogation claims by the insurer against the
Owner. The policies shall be endorsed to provide the Owner with not less than Sixty
(60) Days written notice in advance of cancellation, change, or amendment
restricting coverage. Subject to satisfactory proof of financial capability by the
Contractor for self-insurance of the Contractor’s Equipment, the Owner agrees to
waive the equipment insurance requirement, and for the purpose of this Contract,
the Contractor shall be deemed to be insured. This policy shall be amended to
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provide permission for the Contractor to grant prior releases with respect to
damage to the Contractor’s Equipment.
GC 6.03.06 INSURANCE REQUIREMENTS AND DURATION
.01 Unless specified otherwise, the duration of each insurance policy shall be from the
date of commencement of Work until, Twenty-four (24) months after Final
Acceptance of the Work.
.02 All Policies of insurance provided by the Contractor, other than WSIB and
Automobile, shall add as additional insured’s the City of Mississauga, the Owner’s
Engineer/Contract Administrator, the Regional Municipality of Peel, the City of
Brampton and their respective consultants and Subcontractors engaged in any part
of the performance of the Agreement and their respective directors, officers,
employees, servants, agents, partners, parents, subsidiaries, affiliated or related
firms.
.03 The Contractor shall provide the Owner, on a City of Mississauga Construction
Certificate form or other form acceptable to the Owner, proof of insurance Ten (10)
days prior to commencement of the Work and signed by the underwriter of the
insurer or an authorized representative of the insuring company. The City form can
be found as a fillable PDF form at www.mississauga.ca/certificateofinsurance
.04 The Contractor shall, on request, promptly provide the Owner with a certified true
copy of each insurance policy exclusive of information pertaining to the premium or
premium bases used by the insurer to determine the cost of the insurance. The
certified true copy shall include a signature by an authorized representative of the
insurer.
.05 Where a policy is renewed, the Contractor shall provide the Owner, on a form
acceptable to the Owner, renewed proof of insurance immediately following
completion of renewal.
.06 The Contractor shall be responsible for the Payment of the deductible or SIR
amounts under all policies.
.07 If the Contractor fails to provide or maintain insurance as required in subsection GC
6.03, Project Insurance, or elsewhere in the Contract Documents, then the Owner
shall have the right to provide and maintain such insurance and give evidence
thereof to the Contractor. The Owner’s cost thereof shall be payable by the
Contractor to the Owner on demand.
.08 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30
Days of the date on which the Owner made a formal demand for reimbursement of
such costs, the Owner may deduct the costs thereof from monies which are due or
may become due to the Contractor.
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