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Combined Sewage Storage Tunnel (CSST) Contract No. ISD14-2036
Issued for Tender
Prepared for: City of Ottawa
Prepared by: Stantec Consulting Ltd.
CH2M HILL
December 15, 2015 Revision Record Revision Description
0 Issued for 95% Internal Review
1 Issued for 95% Design 2 Issued for Tender Internal Review
3 Issued for Tender Final Review
4 Issued for Tender
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CITY OF OTTAWA SECTION 00010 COMBINED SEWAGE STORAGE TUNNEL
TABLE OF CONTENTS CONTRACT NO. ISD14-2036 PAGE 1 of 6
DIVISION 00 BIDDING AND CONTRACTING REQUIREMENTS Pages 00010
Table of Contents 6 00060 Project Directory 1 00100 Amendments to
the CCDC4 2011 Agreement 2 00105 Supplementary Conditions CCDC
4-2011 Specifications 20
00110 Amendments to the CCDC41 2008 Insurance Requirements 3
00200 Instructions to Tenderers 13 00205 White Paper
Instructions to Tenderers 13 00400 Form of Tender 24 00410 Cash
Allowances 3 00450 Standard Drawings & Standard Specifications
10 00496 Escrow Bid Documents 5 00496A Escrow Bid Documents
Agreement and Attachments 10 00803 Dispute Review Board 9 00803A
Dispute Review Board Three Party Agreement 8 DIVISION 01 GENERAL
REQUIREMENTS Pages 01010 Summary of Work 8 01015 Contractors Use of
Premises 9 01025 Measurement and Payment 25 01050 Coordination 6
01060 Regulatory Requirements 12 01080 Manufacturers Services 4
01100 Special Project Procedures 5 01117 Construction Sequences and
Constraints 36 01119 Preservation and Protection 6 01120
Pre-construction and Post-construction Survey 6 01160 Erosion and
Sediment Control Plan 2 01200 Alternatives 2 01220 Project Meetings
5 01310 Progress Schedules 2 01330 Submittal Procedures 20 01353
Special Procedures: Traffic Control 51 01355 Waste Management and
Disposal 7 01420 References 4 01450 Quality Control 12 01510
Temporary Utilities 4 01520 Construction Facilities 12 01560
Temporary Barriers and Enclosures 7 01561 Environmental Protection
5 01635 Value Engineering Change Proposals 4 01705 Contract Work
Health and Safety Clauses 12 01710 Tunnel and Shaft Safety 6 01720
Preparation, Mobilization, Demobilization 5
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CITY OF OTTAWA SECTION 00010 COMBINED SEWAGE STORAGE TUNNEL
TABLE OF CONTENTS CONTRACT NO. ISD14-2036 PAGE 2 of 6
01740 Cleaning 3 01750 Operations and Maintenance Manual 5 01770
Closeout Procedures 2 01780 Closeout Submittals 6 01810
Commissioning 23 01820 Demonstration and Training 5 DIVISION 02
SITE WORK Pages 02072 Geotextiles 3 02140 Groundwater Control 13
02150 Excavation Support System 7 02200 Site Preparation 2 02222
Demolition and Removal 6 02226 Removal of Existing Asphalt Pavement
3 02228 Blasting 9 02231 Clearing and Grubbing 5 02232 Tree Pruning
5 02260 Mechanically Stabilized Earthen Slopes 7 02311 Site Grading
3 02315 Excavating, Trenching and Backfilling 13 02316 Rock Removal
4 02362 Dust Control 2 02400 Shaft Construction 14 02405 Steel
Liner Plates 3 02407 Shaft Secant Piles 12 02410 Drilled Shaft 8
02412 Shaft Backfill 7 02415 Steel Sheet Piling 4 02430 Tunnel
Excavation by Tunnel Boring Machine (TBM) 30 02437 Rock
Reinforcement and Excavation 10 02439 Pre-excavation Grouting from
Surface 15 02440 Pipe Jacking 8 02442 Other Tunnel Excavation
Methods 7 02444 Tunnel and Shaft Ventilation and Utilities 9 02450
Micropile Foundation 17 02455 Contact Grouting 12
02480 Geotechnical and Structural Instrumentation and Monitoring
26
02482 Vibration Monitoring 13 02511 Water Mains 4 02530 Sanitary
Sewer and Odour Control Ducts 13 02630 Storm Sewer 10 02631
Maintenance Holes and Catch Basins 4 02701 Aggregates: General 3
02702 Aggregates: Landscaping 4 02721 Granular Base 4
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CITY OF OTTAWA SECTION 00010 COMBINED SEWAGE STORAGE TUNNEL
TABLE OF CONTENTS CONTRACT NO. ISD14-2036 PAGE 3 of 6
02723 Granular Sub-Base 3 02743 Asphalt Concrete Paving 5 02770
Concrete Walks and Curbs 3 02785 Unit Paving 5 02821 Chain Link
Fences and Gates 2 02870 Exterior Site Furnishings 3 02901 Tree and
Shrub Preservation 5 02906 Trees, Shrubs and Ground Cover Planting
9 02911 Topsoil Placement and Grading 6 02933 Sodding 6 02980
Restoration 1 DIVISION 03 CONCRETE Pages 03100 Concrete Forms and
Accessories 4 03200 Concrete Reinforcement 6 03202 Steel Fibre
Reinforcement for Concrete 12
03300 Cast-in-Place Concrete (Shafts and Underground Structures)
11
03301 Cast-in-Place Concrete (Odour Control Structures) 11 03345
Concrete Finishing and Curing 7 03361 Shotcrete 6 03362 Concrete
Sealer 2 03410 Precast Concrete Structures 6 03420 Precast Concrete
Tunnel Lining 14 03430 Precast Modular Block Retaining Wall 21
03700 Concrete Restoration 2 DIVISION 04 MASONRY Pages 04051 Common
Work Results for Masonry 7 04060 Masonry Mortar and Grout 6 04080
Masonry Anchorage and Reinforcing 5 04090 Masonry Accessories 3
04220 Concrete Masonry Units 10 04412 Granite Cladding 6 DIVISION
05 METALS Pages 05121 Structural Steel for Buildings 5 05310 Steel
Deck 3 05500 Metal Fabrications 6 05501 Metal Fabrications -
Architectural 6 05502 Metal Fabrications - Landscaping 5 DIVISION
06 WOODS AND PLASTICS Pages 06100 Rough Carpentry 2 06110 Framing
and Sheathing 3 06600 Plastic Fabrications 9
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CITY OF OTTAWA SECTION 00010 COMBINED SEWAGE STORAGE TUNNEL
TABLE OF CONTENTS CONTRACT NO. ISD14-2036 PAGE 4 of 6
DIVISION 07 THERMAL AND MOISTURE PROTECTION Pages 07130 Self
Adhering Sheet Waterproofing 3 07210 Building Insulation 3 07212
Board Insulation 2 07272 Vapour and Air Barriers 3 07420 Plastic
Wall Panels 5 07465 Metal Roofing and Wall Cladding 4 07466 Fibre
Cement Siding 4 07550 Modified Bituminous Membrane Roofing 10 07620
Flashing and Sheet Metal 2 07710 Vegetation System for Roofing 5
07840 Firestopping and Smoke Seals 3 07900 Joint Sealers 3 DIVISION
08 WINDOWS AND DOORS Pages 08110 Steel Doors and Frames 7 08331
Overhead Coiling Doors 3 08710 Door Hardware 2 08711 Door Hardware
Installation 2 DIVISION 09 FINISHES Pages 09910 Paints 9 09930
Protective Coating 8 DIVISION 10 FURNISHINGS Pages 10441 Exterior
Signage 3 10520 Portable Fire Extinguishers 2 10990 Manufactured
Specialties 2 DIVISION 11 EQUIPMENT Pages 11001 Engineered Fall
Arrest System 2 11120 Electric Motor Actuator 13 11160 Process
Valves and Piping 6 11201 Stainless Steel Wedge-Style Slide Gates 8
11202 Flap Gates 9 11230 Stop Logs 9 DIVISION 13 SPECIAL
CONSTRUCTION Pages 13222 Grease and Mist Eliminator 4 13251 Carbon
Adsorption Odour Control 10 13900 Instrumentation and Controls 71
13910 Remote Processing Units 4 13915 Alarm Autodialer / Security
System 6 13930 Structured Communications System 32 13991 Control
Panels and Junction Boxes 30
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CITY OF OTTAWA SECTION 00010 COMBINED SEWAGE STORAGE TUNNEL
TABLE OF CONTENTS CONTRACT NO. ISD14-2036 PAGE 5 of 6
DIVISION 14 CONVEYING EQUIPMENT 14600 Hoists and Cranes 3
DIVISION 15 MECHANICAL Pages 15010 Mechanical General
Requirements 5 15053 Motors, Drives and Guards for Mechanical
Systems 3 15061 Hangers, Bases and Supports 7 15072 Vibration and
Seismic Control for HVAC Equipment 12 15075 Mechanical
Identification 5 15081 Thermal Insulation for Piping 8 15082
Thermal Insulation for Ducting 5 15101 Installation of Pipework 4
15142 Domestic Water Piping 4 15151 Drainage, Waste and Vent
Piping: Cast Iron and Copper 2 15152 Drainage Waste and Vent Piping
- Plastic 2 15187 Copper Tubing and Fittings Refrigerant 4 15401
Plumbing Specialties and Accessories 8 15411 Plumbing Fixtures and
Trim 4 15440 Plumbing Pump 4 15480 Domestic Water Heaters 3 15540
FRP Fans 6 15615 Polyvinyl Chloride (PVC) Duct 7 15731 Split Unit
Air Conditioning 4 15766 Unit Heaters - Electric 4 15811 Ductwork
Low Pressure to 500PA 5 15820 Duct Accessories 4 15822 Dampers
Operating 3 15824 Duct Heaters 2 15831 HVAC Fans 5 15851 Louvres,
Intakes and Vents 2 15916 Electric Heating and Cooling Controls 3
15950 Testing, Adjusting and Balancing (TAB) 5
DIVISION 16 ELECTRICAL Pages 16010 Electrical General
Requirements 7 16051 Installation of Cables in Trenches and in
Ducts 2 16052 Concrete Encased Ducts 2 16053 Metering and
Switchboard Instruments 4 16054 Coordination, Short Circuit and
Device Evaluation 8 16061 Grounding Primary 2 16062 Grounding
Secondary 2 16070 Electrical Demolition 2 16071 Fastenings and
Supports 2 16122 Wires and Cables (0-1000V) 5 16131 Splitters,
Junction and Pull Boxes 3
Pages
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CITY OF OTTAWA SECTION 00010 COMBINED SEWAGE STORAGE TUNNEL
TABLE OF CONTENTS CONTRACT NO. ISD14-2036 PAGE 6 of 6
16132 Outlet Boxes, Conduit Boxes and Fittings 2 16133 Conduits,
Conduit Fastenings and Conduit Fittings 4 16141 Wiring Devices 3
16151 Wire and Box Connectors (0- 1000V) 1 16153 Connectors and
Terminations 1 16223 Motor Starters to 600V 15 16261 SCADA
Uninterruptible Power Supply 4 16262 Process Uninterruptible Power
Supply 10 16275 Dry Type Transformers up to 600V Primary 2 16370
Electrical Testing from 23V to 15kV 11 16412 Moulded Case Circuit
Breakers 1 16414 Disconnect Switches Fused and Non-Fused 3 16441
Panelboards Breaker Type 3 16491 Fuses Low Voltage 2 16505 Lighting
Equipment 5 16531 Exit Lights 2 16536 Unit Equipment for Emergency
Lighting 3
Appendices: 1. CCDC 4 Unit Price Contract 20112. Geotechnical
Data Report3. Geotechnical Baseline Report4. Phase II Environmental
Site Assessment (ESA) Report5. Hydrogeological Report Assessment
for a Permit to Take Water Application6. Ministry of Environment
DRAFT Permit to Take Water (PTTW) - To be provided by Addendum7.
Ministry of Environment ECA 8. IOS As-Built Drawings9. RCI As-Built
Drawings10. Real Property Sketches (Referenced in Section 01015
Attachment A).
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CITY OF OTTAWA SECTION 00060 COMBINED SEWAGE STORAGE TUNNEL
PROJECT DIRECTORY CONTRACT NO. ISD14-2036 PAGE 1 of 1
OWNER: City of Ottawa 110 Laurier Avenue Ottawa, Ontario K1P
1J1
Purchasing Officer: Louise Amyotte-Baker City of Ottawa Supply
Management Division 100 Constellation Cres., 4th Floor West Ottawa,
Ontario K2G 6J8 Phone: (613) 580-2424 Ext. 21750 Fax: (613)
560-2126 E-mail: [email protected]
Project Manager: Randy Dempsey, P.Eng. City of Ottawa
Infrastructure Services Department, 100 Constellation Cres., 6th
Floor West Ottawa, Ontario K2G 6J8 Phone: (613) 580-2424 Ext. 14102
Fax: (613) 560-6064 E-mail: [email protected]
CONSULTANTS
Prime Consultant: Stantec Consulting Ltd. Project Manager:
Adrien Comeau, P.Eng. 400-1331 Clyde Avenue Ottawa, ON K2C 3G4
Phone: (613) 724-4406 Fax: (613) 722-2799 E-mail:
[email protected]
Sub-Consultant: CH2M Hill Project Manager: Pascal Pitre, M.P.L,
P.Eng. 1101 Prince of Wales Drive, Suite 330 Ottawa, ON K2C 3W7
Phone: (613) 723-8700 ext. 73105 Fax: (613) 723-7489 E-mail:
[email protected]
Geotechnical Consultant: Golder Associates Ltd. Project Manager:
Mike Cunningham, P.Eng. 1931 Robertson Road Ottawa, ON K2H 5B7
Phone: (613) 592-9600 Fax: (613) 592-9601 E-mail:
[email protected]
END OF SECTION
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CITY OF OTTAWA SECTION 00100 COMBINED SEWAGE STORAGE TUNNEL
AMENDMENTS TO THE CCDC4 2011 AGREEMENT CONTRACT NO. ISD14-2036 PAGE
1 of 2
1 Form of Contract
.1 The form of contract is the agreement as defined by the
Canadian Construction Documents Committee, CCDC 4 - Unit Price
Contract 2011 (available from the CCDC at www.ccdc.org) and as
amended by this section and Section 00105.
2 Article A-3 - Contract Documents
.1 DELETE paragraph 3.1 and SUBSTITUTE the following:
"3.1 The following are the Contract Documents referred to in
Article A-1 of the Agreement - THE WORK.
- Section 00100 Amendments to the CCDC4 2011 Agreement
- The Agreement between the City and Contractor, including the
definitions
- Addenda, as issued
- Section 00200 - Instruction to Tenderers
- Section 00105 Supplementary Conditions CCDC 4-2011
Specifications
- General Conditions CCDC 4 - 2011 - Unit Price Contract
- Section 00400 - Form of Tender
- Section 00410 Cash Allowances
- Section 01117 Construction Sequences and Constraints
- Specifications as listed in Section 00010 - Table of Contents
(Division 00 to Division 16)
- Drawings including all sections as listed in Appendix 1 to the
Contract
- CCDC 40 Rules for Mediation
- Section 00110 Amendments to the CCDC41 2008 Insurance
Requirements
- CCDC41-2008 Insurance Requirements
- Geotechnical Baseline Report
- Geotechnical Data Report
- Material and Finishing Schedules
- Phase II Environmental Site Assessment (ESA) (reference
document)
- Application For a Category 3 Permit to Take Water (reference
document)
- Other reference documents included in Appendices to the
Contract 3 Article A-5 - Payment
.1 In paragraph A-5.3.1 (1), DELETE 2% per annum and REPLACE
with 0% per annum.
.2 In paragraph A-5.3.1 (1), DELETE 4% per annum and REPLACE
with 0% per annum.
.2 In paragraph A-5.3.2:
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CITY OF OTTAWA SECTION 00100 COMBINED SEWAGE STORAGE TUNNEL
AMENDMENTS TO THE CCDC4 2011 AGREEMENT CONTRACT NO. ISD14-2036 PAGE
2 of 2
In the first line, DELETE and in the manner prescribe by
paragraph 5.3.1 of this article, And REPLACE with of Prime plus
1%.
4 Article A-7 Language of Contract
. 1 In paragraph A-7.1: At the end of the first sentence, DELETE
/French. 5 Definitions
.1 Paragraph 4, Consultant: ADD after the last sentence The
contract documents may refer to Consultant, Engineer, Owners Agent
and Contract Administrator. All these have the same meaning as
Consultant as defined in GC2.2.
.2 Paragraph 9, Contractor: ADD after the last sentence The
Contractor shall be the constructor as defined within the
Occupational
Health and Safety Act, R.S.O. 1990, c.O.1, as amended, (the Act)
subject to sub-clause GC 3.2.1 Construction by Owner or other
Contract.
.3 Paragraph 24, Value Added Taxes:
In the first lines, DELETE "or any Provincial" and or
Territorial. In the third line DELETE "the Quebec Sales Tax".
END OF SECTION
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CITY OF OTTAWA SECTION 00105 COMBINED SEWAGE STORAGE TUNNEL
SUPPLEMENTARY CONDITIONS
CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 1 of
20
1 GC 1.1 Contract Documents
.1 DELETE paragraph 1.1.7.1 and SUBSTITUTE the following:
"1.1.7.1 If there is a conflict within Contract Documents:
.1 The order of priority of documents, from highest to lowest,
shall be
- Section 00100 Amendments to the CCDC4 2011 Agreement
- The Agreement between the City and Contractor, including the
definitions
- Addenda, as issued
- Section 00200 - Instruction to Tenderers
- Section 00105 Supplementary Conditions CCDC 4-2011
Specifications
- General Conditions CCDC 4 - 2011 - Unit Price Contract
- Section 00400 - Form of Tender
- Section 00410 Cash Allowances
- Section 01117 Construction Sequences and Constraints
- Specifications as listed in Section 00010 - Table of Contents
(Division 00 to Division 16)
- Drawings including all sections as listed in Appendix 1 to the
Contract
- CCDC 40 Rules for Mediation
- Section 00110 Amendments to the CCDC41 2008 Insurance
Requirements
- CCDC41-2008 Insurance Requirements
- Geotechnical Baseline Report
- Geotechnical Data Report
- Material and Finishing Schedules
- Phase II Environmental Site Assessment (ESA) (reference
document)
- Application For a Category 3 Permit to Take Water (reference
document)
- Other reference documents included in Appendices to the
Contract
.2 At GC 1.1, ADD the following subsections:
1.1.7.5 Notwithstanding paragraphs 1.1.7.1 to 1.1.7.4:
.1 provisions establishing the higher levels of safety,
reliability, durability, performance, quality and service will
prevail over provisions establishing lower levels of safety,
reliability, durability, performance, quality and service; and
.2 if the ambiguity, conflict or inconsistency is between a
provision of general application and a provision that applies only
to a specific part of the Work, the provision that applies to the
specific part of the Work shall prevail for that specific part of
the Work.
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CITY OF OTTAWA SECTION 00105 COMBINED SEWAGE STORAGE TUNNEL
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CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 2 of
20
.3 DELETE paragraph 1.1.8 and SUBSTITUTE the following:
"1.1.8 The City shall provide the Contractor up to ten (10)
copies of the Contract Documents to perform the Work. Should the
Contractor require additional sets, the contract documents will be
made available to the contractor at their own expense."
2 GC 1.4 Assignment
.1 At GC 1.4, ADD the following subsections:
6.2.4 Change in Ownership and Control
.1 No Change in Ownership of the Contractor, or of any person
with any form of direct, indirect, beneficial or other ownership
interest in the Contractor, shall be permitted:
.1 where the person acquiring the ownership interest is a
[Restricted Person] or a person whose standing or activities: (i)
are inconsistent with the Citys role (in the Citys reasonable
opinion); (ii) may compromise the reputation or integrity of the
City or any related party; or (iii) are inconsistent with the
nature of the City or the Project, so as to negatively affect
public perception of the City or the Project; or
.2 if such Change in Ownership would have a material adverse
effect on the performance of the activities within the scope of
Work.
.2 Subject to Section 6.2.4.1 no Change in Control of the
Contractor, or of any person with any form of direct, indirect,
beneficial or other ownership interest the Contractor, shall be
permitted without the prior written consent of the City not to be
unreasonably withheld or delayed.
.3 This Section shall not apply to a Change in Ownership or
Change in Control of persons whose Securities evidencing ownership
or any other ownership interests are listed on a recognized stock
exchange.
.4 Whether or not the Contractor is required to obtain the Citys
consent pursuant to this Section, the Contractor shall provide
notice to the City of any proposed Change in Ownership or Change in
Control of the Contractor, or of any person with any form of
direct, indirect, beneficial or other ownership interest in the
Contractor, as the case may be, within 5 Business Days after such
Change in Ownership or Change in Control, and such notification
shall include a statement identifying, in respect of the relevant
owners in the ownership interests of the Contractor, or of any
person with an ownership interest in the Contractor, as the case
may be, the holdings prior to and proposed holdings following the
Change in Ownership or Change in Control, respectively.
3 GC 2.2 Role of the Consultant
.1 In paragraph 2.2.3, AMEND the second sentence by adding the
following phrase to the end of the sentence: "... upon the request
of the Contractor.".
.2 At paragraphs 2.2.7; DELETE the words: "Except with respect
to GC 5.1 - FINANCING INFORMATION
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CITY OF OTTAWA SECTION 00105 COMBINED SEWAGE STORAGE TUNNEL
SUPPLEMENTARY CONDITIONS
CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 3 of
20
REQUIRED OF THE OWNER appearing in the first line of 2.2.7. .3
At paragraph 2.2.15, ADD the following sentence:
"The Consultant is hereby authorized to approve and sign a
Change Directive on behalf of the City."
4 GC 3.2 Construction by Owner or Other Contractors
.1 At paragraphs 3.2.2 and 3.2.3; DELETE the words: "When
separate contracts are awarded for other parts of the Project, or
and between the words performed by ADD on Site
.2 At paragraphs 3.2.2.2; ADD the words to the end of the
sentence: "upon notifying the contractor in writing
accordingly. .3 At GC 1.4, ADD the following subsections:
3.2.7 Without limiting any other obligations in the Contract,
including, but not limited to, Section 01117 Construction Sequences
and Constraints and GC 3.2., the Contractor acknowledges and agrees
that:
.1 the Owner may assign the methods and manner (where
applicable) of the performance of the Work, the coordination and
scheduling of the performance of the Work and the safety training
in respect of the performance of the Work to the Rideau Transit
Group General Partnership (in this section, RTG) pursuant to an
agreement between the Owner and RTG for the design, construction,
financing and maintenance of the Confederation Line light rail
transit system in Ottawa (in this section, the OLRT Contract);
.2 the Contractor shall comply with the instructions of RTG
relating to matters of health and safety, methods and manner (where
applicable) of the performance of the Work, and coordination and
scheduling of the performance of the Work with work undertaken by
RTG in respect of the OLRT Contract;
.3 if directed by the Owner, RTG shall have responsibilities as
the constructor under the Ontario Health and Safety Act
(Ontario);
.4 if:
.1 the Contractor causes any damage to RTGs work under the OLRT
Contract;
.2 RTG incurs any additional costs or there is any delay in the
schedule or performance of its works as a result of the Contractor
not complying with the coordination, scheduling and safety
instructions of RTG; or
.3 RTG incurs any additional costs or there is any delay in the
schedule or performance of its work under the OLRT Contract as a
result of the performance of the Work,
then the Contractor shall be responsible for all impacts and
consequences of such delay or additional costs, including to
indemnify and to hold harmless the Owner for any change order
issued under the OLRT Contract or amendment made to the OLRT
Contract in
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CITY OF OTTAWA SECTION 00105 COMBINED SEWAGE STORAGE TUNNEL
SUPPLEMENTARY CONDITIONS
CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 4 of
20
respect thereof, or for any rights or remedies enforced by RTG
against the Owner under the OLRT Contract in respect thereof.
.5 if directed by the Owner, the Contractor shall, in good faith
and acting reasonably, negotiate and enter into any agreements with
the Owner and/or RTG that are necessary or desirable to effect the
foregoing requirements of this Section or which are otherwise in
respect of the subject matter hereof, including:
.1 introduction and storage of equipment, tools and other
materials on site by the Contractor;
.2 site security measures;
.3 scheduling of the Contractors works; and
.4 dispute resolution between the parties. 5 GC 3.5 Construction
Schedule
.1 ADD to end of 3.5.2 and the owner reserves the right to
request more frequent schedule updates of the project, when the
project does not appear to be capable of being completed within the
defined time frames of the contract.
6 GC 3.6 Supervision
.1 ADD to end of 3.6.1 and the owner shall be notified in
writing for consideration by the Engineer prior to changing the
Supervisor.
7 GC 3.9 Document on Site
.1 At GC 3.9, ADD the following subsections:
.3.9.2 Record drawings:
.1 The Contractor shall be required to produce and demonstrate
to the Engineer on a monthly basis that Contractor has kept the
records of the adjustments of the work on a set of Record drawings
kept on site.
.2 The contractor shall on a monthly basis issue a certificate
with their monthly progress payment request that the Record
drawings are complete and up to date as reflected in the work
certified to date.
.3 As part of the project breakdown, the Contractor will
identify a schedule of values, as defined in GC5.2.5, associated
with the monthly Record drawing update with a value of a 0.5% of
the project and billed on a monthly basis.
.4 When the Contractor requests for substantial performance, the
Contractor shall submit a legible copy of the marked up Record
drawings.
.5 The Contractor will submit operation and maintenance
instruction manuals updated and revised to show construction
revisions upon submittal of the marked up record drawings.
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CITY OF OTTAWA SECTION 00105 COMBINED SEWAGE STORAGE TUNNEL
SUPPLEMENTARY CONDITIONS
CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 5 of 20
8 GC 5.1 Financing Information Required of the Owner
.1 DELETE paragraph 5.1.1.
9 GC 5.2 Applications For Progress Payment
.1 ADD 5.2.8 as follows: The Contractor shall include an updated
work schedule with each progress billing submission as required in
Section 01310, Progress Schedules otherwise payment of progress
billing shall be held back until the updated schedule is
submitted.
.2 ADD 5.2.9 as follows: The Contractor shall include an
original signed Statutory Declaration and valid WSIB
Certificate of Clearance with all progress payments (note: a
statutory declaration is not required on the 1st Progress
Draw).
10 GC 5.5 Payment of Holdback Upon Substantial Performance of
The Work
.1 DELETE paragraph 5.5.3 in its entirety.
.2 In paragraph 5.5.4; DELETE the first sentence in paragraph
5.5.4 and SUBSTITUTE the following: " In a common law jurisdiction,
the holdback amount authorized by the certificate for payment of
the holdback amount is due and payable ten (10) days following the
expiration of the holdback period stipulated in the lien
legislation applicable to the Place of Work."
.3 DELETE paragraph 5.5.5 in its entirety. 11 GC 5.6 Progressive
Release of Holdback
.1 DELETE the third and fourth lines in paragraph 5.6.1 and
SUBSTITUTE the following: "the City may pay the Contractor the
holdback amount retained for such subcontract work, or the Products
supplied by such Supplier, ten (10) days following the expiration
of the holdback period for such work"
.2 DELETE paragraph 5.6.2 in its entirety 12 GC 5.7 Final
Payment
.1 DELETE in the second line of paragraph 5.7.4 "5 days" and
SUBSTITUTE "30 days".
13 GC 6.2 Change Order and GC 6.3 Change Directive
.1 ADD the following paragraph:
6.2.4 All Quotations submitted for Changes to the Contract must
include all associated cost impacts on time and shall not be
qualified
6.2.5 All approved change orders must account for revisions to
added or credited time to the Contract
Schedule. Change Orders approved without the indication of a
Change in time period of Contract cannot be contested at a later
date. Additional or credit of time to contract must be represented
with financial credit/extra associated with extension/reduction of
contract time or overtime hours worked.
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CITY OF OTTAWA SECTION 00105 COMBINED SEWAGE STORAGE TUNNEL
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CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 6 of
20
6.2.6 This does not prevent the contractor from addressing a
claim for cumulative time impact associated with multiple
changes.
.1 Should it be demonstrated that the cumulative impact of
multiple individual Change Orders and should the claim be supported
with demonstrated documentation of the variation on the approved
schedule, then the Contractor is entitled to submit costs to the
Consultant within 15 days of notifying the Owner of the change to
the schedule.
6.2.7 The adjustment in the Contract Price for a change carried
out by way of a Change Order or a Change
Directive as provided in GC 6.2 CHANGE ORDER and GC 6.3 CHANGE
DIRECTIVE, shall be in accordance with the rates and conditions
stipulated in this Supplementary Condition.
.1 All labour, equipment, rental of equipment or tools,
materials, subcontracts and outside services to be charged as a
result of changes to the scope of the Work will be subject to prior
authorization by the City.
.2 For the determination of the costs associated with Change
Orders and Change Directive, the following provisions will
apply:
2.1 The City will reimburse the contractor for "Field Labour
Costs" as the actual direct wages or salaries of the workers, up to
and including working foremen, plus actual payroll burdens, but not
including additional cost for full time site superintendent unless
it is clearly demonstrated that additional time above and beyond
the extent of the Time for Completion of Contract / Work.
(i) Payroll Burden" means the payments in respect of workers
compensation, vacation pay, unemployment insurance, public
liability, and property damage insurance, sickness and accident
insurance, pension fund and such other welfare and benefit payments
as form part of the Contractor's normal labour costs and will
include any applicable cost or expense which has been incurred by
the Contractor for food, lodging and similar items.
(ii) The Contractor will provide the City with the information
required to calculate Field labour rates within 14 days of the date
of Contract Award.
(iii) Field Labour rates for premium portion overtime will be
fixed and remain firm for the duration of this Contract and will
not be subject to escalation unless prior written approval is
obtained from the City, and such approval will not be unreasonably
withheld.
(iv) Only labour personnel up to and including working foremen
will be chargeable on additional work and then only to the extent
such personnel are directly engaged on the additional work. The
City will not pay for supervision beyond the working foreman level,
nor will it pay for administration or management time spent on
additional work.
2.2 The City will pay the Contractor for the actual cost of
materials installed or used directly in connection with the Work
(excepting materials supplied by the City). Payment will be for the
actual cost to the Contractor delivered at the site. Copies of
invoices from delivery companies or transporters' must accompany
the Contractor's billing.
2.3 The City will pay for the cost of rentals for Contractor's
owned equipment already on site will be based on the actual time
such equipment is used beyond the period the
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equipment was expected to be on site, exclusive of operators
time, and on the following basis:
(i) At established hourly, daily, weekly or monthly rental
rates.
(ii) The stipulated rental rates will apply when the number of
hours the equipment is operated does not exceed 175 hours in any
one month, or does not exceed 40 hours in any one week, or does not
exceed 8 hours in any one day.
(iii) For rental rates quoted, no differentiation will be made
between equipment owned by Contractor or rented by Contractor from
third parties.
(iv) For equipment not already on site, rental agreements and
copies of invoices from equipment Rental Company must accompany the
Contractors billing.
.3 Where the Contractor arranged for Work to be carried out by a
Subcontractor or its own forces
and has received prior approval from the City prior to the
commencement of the Work, the City will pay the Contractor the
approved cost of the Subcontractor's work, plus a 10% mark-up to
the Contractor for all administration, supervision, bonding
premiums, record documentation, overheads and profits.
.4 The City will reimburse the Subcontractor via the contractor
or the contractors own forces for actual Field Labour, material and
equipment costs of work performed plus a 15% mark-up to cover the
cost of small tools, expendables and consumables, field overhead,
supervision above working foreman level and all other indirect
labour and materials costs not defined as reimbursable. Expendables
and consumables includes all items which are consumed in the
performance of the Work whether or not such materials are
incorporated in the permanent works.
.5 The City will provide for an additional 5% mark-up to the
Subcontractor via the contractor for
the profit and overhead associated with Change Orders and Change
Directives that are a result of the Subcontractors necessity to
subcontract out a portion of the work.
.6 Maximum mark-up permitted on any Change Order or Change
Directive will not exceed an
aggregate total of 35%.
.7 When Change Orders or Change Directives are agreed by the
owner to proceed on a time and material basis or the contractor is
preparing a claim against the work, the Contractor must:
.1 Provide daily work records prepared by the Contractor and
reporting the labour and
equipment employed and the material used on any specific portion
of the Work, to be reconciled with and signed by the Engineer each
day, whenever, in the opinion of the Engineer, such records are
required.
.2 Maintain and keep sufficiently complete and accurate books,
payrolls, accounts and
records relating to the Work or any extensions or additions
thereto or claims arising there from to permit the verification and
audit thereof and the Contractor will have no claim for repayment
of any nature and kind whatsoever therefore, unless such books,
payrolls, accounts and records have been so maintained and
kept.
.3 Submit to the City, at the end of each Working Day a detailed
report showing the
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names, occupations and hours worked of all personnel employed
that performed work on a time and material basis, the material
supplied and the description and hours of use for equipment and
tools employed.
.4 The City, its Engineer or their agents may inspect and audit
the books, payrolls,
accounts and records of the Contractor at any time during the
period of the Contract and at any time thereafter as deemed
necessary, and the Contractor will supply payrolls and any other
records required whenever requested by the City.
14 GC 6.4 Concealed or Unknown Conditions
.1 DELETE paragraphs 6.4.1 through 6.4.3 and REPLACE with new
paragraphs 6.4.1 through 6.4.3:
6.4.1 The Contractor shall notify the Consultant in writing of
the following conditions, known as concealed or unknown conditions,
but hereinafter called changed conditions or differing site
conditions, promptly upon their discovery and before they are
disturbed, and in no case shall such notification be made later
than five (5) calendar days after such conditions are
discovered:
a) Subsurface or latent physical conditions in the Place of the
Work differing materially
from those indicated in the Contract Documents; or b) Unknown
physical conditions in the Place of the Work of an unusual nature
differing
materially from those ordinarily encountered and generally
recognized as inherent in Work of the character provided for in the
Contract Documents.
The Contractors notification shall provide sufficient
description of the conditions as encountered and how such
conditions represent changed conditions so as to allow the
Consultant to review and investigate such conditions as provided in
GC 6.4.3.
6.4.2 No claim by the Contractor related to shaft, tunnel,
trench or other open-cut excavation shall be
allowed under the Concealed or Unknown Conditions provisions
unless the Contractor submits documentation that demonstrates that
such alleged conditions are materially different from those
conditions identified in the Contract Documents and are more
adverse than those conditions. The Contractor shall submit such
documentation within 30 calendar days after notification to the
Consultant that the Contractor believes a material difference
exists. The Contractor may conduct any investigations as are
reasonably necessary for demonstrating that a material difference
exists, and any and all costs incurred by the Contractor to conduct
such investigations shall be borne by the Contractor unless the
Consultant agrees that a material difference in conditions does
exist and that such conditions have a cost and/or time impact. If
the Consultant agrees that there is a material difference that
impacts the Contractors cost and/or time of performing the Work,
payment for investigation(s), including necessary testing, to
document the material difference will be paid for by the Owner as
part of the cost impact directly associated with the materially
different conditions. Payment will be made by the Owner for
reasonable and customary prices for geologic / geotechnical
investigation(s) and testing. The Contractor is encouraged to
review such planned investigations and/or testing with the
Consultant prior to execution of the same. The Consultant will be
sole judge of what is reasonable and customary.
In addition to the documentation to support the Contractors
position that concealed or unknown conditions exist, the Contractor
shall also submit documentation, backup, justification, and
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compensation, as is necessary, for the alleged impact to
Contractors cost of and/or time required for performance of the
Work. Such documentation shall be submitted within the 30-day
period cited above. The Owner and Consultant agree a priori that
the full extent of the alleged concealed or unknown conditions may
not be known within the 30-day period cited above for submission of
documentation. If the full extent of the alleged concealed or
unknown conditions is not known within the 30-day period, the
Contractor shall submit such documentation as may be available
within the required period. The Contractor shall submit all
additional documentation as may be required to support its position
that materially different conditions exist and to document the cost
and/or time impact on the performance of the Work within 30
calendar days of the date on which the full extent of such
conditions is determined. The Contractor shall promptly notify the
Consultant when the full extent of the alleged changed conditions
is known. The Contractor expressly agrees to maintain Daily Work
Records as required by GC 6.3.9 to include detailed daily labor,
material, production, and equipment logs defining hours and costs
for all periods of Contractor performance representing claimed
concealed or unknown site conditions. These logs shall fully
separate bid Contract Work from Work associated with addressing and
overcoming claimed concealed and unknown conditions. These Daily
Work Records shall constitute documentation of performance, and the
Contractor and Consultant agree to attempt to reconcile their
respective Daily Work Records on a daily basis. Such reconciliation
of Daily Work Records shall not be construed by the Contractor to
indicate acceptance of the Contractors claim of concealed or
unknown site conditions or cost or time impact to the Contractors
performance of the Work. The failure of the Contractor to maintain
Daily Work Records shall render the Consultants Daily Work Records
as definitive.
6.4.3 The Consultant shall, after Contractor notification of the
existence of concealed or unknown conditions, promptly review the
conditions, and if the Consultant finds that such conditions do
constitute changed conditions as defined in GC 6.4.1 and cause an
increase in or decrease in the Contractors cost of, or the time
required for, performance of any part of the Work defined in the
Contract Documents, an equitable adjustment shall be made, and the
Contract Documents shall be modified in writing in accordance with
the provisions of General Conditions Part 5 Payment and other
applicable paragraphs within Part 6 Changes in the Work. The
Consultants review will overlap with the period of time during
which the Contractor is required to assemble and submit initial and
final documentation regarding the claim. Within 30 calendar days of
the receipt of the Contractors initial documentation, the
Consultant will advise the Contractor, in writing, of the
Consultants initial opinion as to the existence of changed
conditions. The Contractor acknowledges that a final determination
cannot be made until after the Contractor submits its final
documentation as required in GC 6.4.2. The Consultant will advise
the Contractor of the Consultants final determination, in writing,
within 30 calendar days of receipt of the Contractors full
documentation of the nature of and cost and/or time impacts of the
alleged concealed or unknown conditions. Alternatively the
Consultant may request able infraction or enter negotiations with
the Contractor over the cost with respect to time impacts, If the
Consultant determines that concealed or unknown conditions do not
exist, and therefore, there is no justification for an adjustment
in Cost or Time of the Work, the Consultant will so advise the
Contractor in writing. Should the Contractor disagree with such
determination, the Contractor agrees to initially engage the
Consultant in negotiations and then implement other
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dispute resolution provisions of Part 8 Dispute Resolution of
the General Conditions, as modified by these Supplementary
Conditions, to resolve the dispute regarding the Consultants
determination. No claim by the Contractor for an equitable
adjustment hereunder shall be allowed if asserted after the date on
which the Substantial Performance Certificate is issued by the
Consultant.
6.4.3 For greater certainty, the Owner may avail itself of the
dispute resolution provision under this Contract in respect of any
matters under this Section 6.4.
15 GC 6.5 Delays
.1 ADD the following paragraph:
"6.5.6 The costs which the Contractor may, from time to time, be
entitled to pursuant to the provisions of paragraphs 6.5.1, 6.5.2
or 6.5.3 shall not include loss of profits or consequential damages
and "reasonable costs" shall be specifically defined as documented,
itemized costs directly attributable to delay and categorized as
follows:
- extended job supervision
- extended site office overhead
- extended use of construction equipment
- wage and material cost escalation
- extended head office overhead and profit for the work at a
reasonable rate demonstrated by the Contractor.
.2 ADD the following paragraph:
"6.5.7 Upon notice of Delay, the Contractor shall demonstrate
the impact of the delay clearly identified on each subsequent
schedule update.
16 GC 6.6 Claims for Change in Contract Price
.1 CHANGE the following paragraph:
"6.6.1 ADD to the first sentence after the first word claim
other than covered by GC 6.5 Delays.
17 GC 7.1 Default Notice
.1 At paragraphs 7.1.2, ADD the following subsections:
.1 If, in the opinion of the City or Citys Agent, the Contractor
fails to satisfactorily carry out the obligations and duties of an
employer and/or constructor as required under the Occupational
Health and Safety Act, the City reserves the right to immediately
notify the Contractor in writing of the alleged default.
.2 Upon issuance, the notice of alleged default shall be signed
off by both the Contractor and the City or Citys Agent.
.2. At paragraphs 7.1.3, ADD the following subsections
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.4 In the case of an alleged default under GC 7.1.2.1, upon
receipt of written notice, the Contractor shall take action
forthwith to correct the default to the satisfaction of the City or
Citys Agent.
.3 At paragraphs 7.1.4.2, ADD the following subsections:
.1 In the case of an alleged default under GC 7.1.2.1, and
should the Contractor disagree with the alleged default, the City
or Citys Agent reserves the right to terminate all or part of the
work and immediately contact the Ontario Ministry of Labour to
render a decision.
.2 In the case of an alleged default under GC 7.1.2.1, should it
be determined by the Ontario Ministry of Labour that a default did
not occur, the City will reimburse all expenses to the Contractor
for the termination of all or part of the work.
18 GC 7.2 Contractor's Right to Suspend the Work or Terminate
the Contract
.1 DELETE paragraph 7.2.3.1 in its entirety.
.2 In paragraph 7.2.3.4 DELETE in the first and second lines the
words "except for GC 5.1 - FINANCING INFORMATION REQUIRED OF THE
OWNER".
19 GC 8.1 Authority of the Consultant
.1 REVISE paragraph 8.1.2 to read:
8.1.2 If a dispute arises under the Contract, regardless of
whether or not the Consultant has authority under the Contract to
make a finding or the parties are unable to reach agreement
following procedures stated in GC 8.2, the procedures set out in
paragraph 8.1.3, paragraphs 8.2.3 to 8.2.8 of GC 8.2 NEGOTIATION,
DISPUTE REVIEW BOARD, MEDIATION AND ARBITRATION, and GC 8.3 -
RETENTION OF RIGHTS apply to that dispute with the necessary
changes to detail as may be required.
20 GC 8.2 Negotiation, Mediation and Arbritration
.1 Article GC 8.2 is renamed to NEGOTIATION, DISPUTE REVIEW
BOARD, MEDIATION AND ARBITRATION.
.2 ADD new paragraph 8.2.2 and RENUMBER current paragraphs 8.2.2
and 8.2.3 to be 8.2.3 and 8.2.4:
"8.2.2 This Contract shall include a Dispute Review Board. The
specific details and requirements for engaging the Dispute Review
Board and for its operation during the period of the Contract are
provided in Section 00803 Dispute Review Board."
.3 ADD new paragraph 8.2.5 and RENUMBER current paragraphs 8.2.4
through 8.2.8:
8.2.4 As provided and following the requirements and procedures
stipulated in Specification Section 00803, Dispute Review Board,
prior to engaging in either mediation or arbitration to resolve
disputes, either the Contractor or Owner shall refer a dispute to
the Dispute Review Board for action and resolution.
.4 REVISE renumbered paragraph 8.2.6 to read:
8.2.6 After a period of 10 Working Days following receipt of the
Dispute Review Boards written findings or receipt of clarification
of such findings, if such clarification is requested by either the
Owner or Contractor, if either party provides written notice to the
other party that it rejects the Dispute Review Boards findings and
neither party appeals the findings or requests the Dispute Review
Board to reconsider, the parties shall request
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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 of
Construction Disputes as provided in CCDC 40 in effect at the time
of bid closing.
.5 In RENUMBERED paragraphs 8.2.6 through 8.2.10, REVISE
paragraph references to other paragraphs
within the current paragraphs of GC 8.2 to match the paragraph
renumbering described above.
21 GC 8.3 Retention of Rights
.1 DELETE paragraph 8.3.1 and SUBSTITUTE the following: "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."
22 GC 9.1 Protection of Work and Property
.1 ADD the following sentence at the end of paragraph 9.1.2: In
addition, the Contractor is responsible to call all Utilities for
service locates prior to commencing the work. Should the Contractor
fail to call the necessary Utilities for locates, the Contractor
will be responsible for all costs associated with the remedial
measures to reinstate the existing service.
23 GC 9.2 Toxic and Hazardous Substances and Materials
.1 DELETE paragraph 9.2.1 in its entirety.
.2 DELETE paragraph 9.2.3 in its entirety.
.3 ADD the following paragraph:
"9.2.5.5 The reporting requirements of this provision do not
relieve the Contractor from its legal responsibilities pursuant to
any municipal, provincial or federal legislation."
.4 DELETE paragraph 9.2.8 in its entirety.
.5 DELETE paragraph 9.2.9 in its entirety.
.6 ADD the following sentence to the end of paragraph 9.2.6:
"The costs which the Contractor may, from time to time, be
entitled to shall not include loss of profit or consequential
damages."
24 GC 10.2 Laws, Notices, Permits and Fees
.1 ADD the following to the end of the first sentence in
paragraph 10.2.3: "which were in force at the date of bid closing,
and those in force at the time of execution of works."
25 GC 11.1 Insurance
.1 ADD the following sentence at the end of paragraph 11.1.1.1:
"If the Contractor is to engage in blasting operations, it shall
ensure that it obtains an endorsement to its general liability
insurance which overrides the blasting exclusion in that general
liability insurance so that the
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Contractor is insured for its blasting operations until the date
of acceptance of the entire work by the City. If the Contractor
employs Subcontractors for blasting operations, the Contractor
shall ensure that its subcontract includes the requirements for
blasting coverage as provided herein and the additional insureds
required by this Contract".
.2 ADD the following paragraph:
"11.1.9 The Contractor shall provide the City with an original
Certificate of Insurance and shall ensure that the City at all
times is in receipt of a valid Certificate of Insurance for all the
policies required by GC 11.1. The Contractor shall ensure that the
Certificate of Insurance states that thirty (30) days prior written
notice shall be given to all the named insureds in the event of any
changes, cancellation or termination of the policies. The City's
receipt and acceptance of a Certificate of Insurance is in no way
an approval of the Contractor's policy or policies of insurance,
and does not affect the obligations to insure set out in this GC
11.1 -INSURANCE.
The City may withhold payment of any monies due to the
Contractor under this or any other contract until the Contractor
has provided the City with a valid Certificate of Insurance as
required by this condition."
26 GC 12.1 Indemnification
.1 ADD the following paragraph 12.1.1.1 (3):
"(3) any breach of a representation or warranty by the party
from whom indemnification is sought; and
.2 ADD the following sentence at the end of paragraph
12.1.1:
Without limitation, no claim for indemnity shall be made by the
Contractor under this paragraph 12.1 in respect of a differing site
condition described in GC 6.4 CONCEALED OR UNKNOWN CONDITIONS,
which GC 6.4 CONCEALED OR UNKNOWN CONDITIONS shall be the sole and
exclusive remedy of the Contractor in respect of such differing
site conditions.
.3 ADD the following paragraph 12.1.2.4:
".4 the limits of indemnity set forth in paragraphs 12.1.2.1 and
12.1.2.2 shall not apply in cases of willful misconduct or
deliberate acts of wrongdoing.
.4 REPLACE paragraph 12.1.5.2 with the following paragraph
12.1.5.2:
.2 arising out of the 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 Work,
provided that no indemnity is provided by the Owner, and no claim
shall be asserted by the Contractor, in respect of any matter which
is set out as a restriction, encumbrance or other limitation on the
Place of Work in this Contract, including schedule constraints and
use of the premises constraints outlined in Section 01015
(Contractors Use of Premises) and Section 01117 (Construction
Sequences and Constraints).
.5 ADD the following paragraph 12.1.7:
"12.1.7 Without limiting or impairing any indemnity by, or other
obligation of, the Contractor in this Contract:
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.1 The Contractor shall indemnify and save harmless the Owner
from and against all claims, demands, loss, costs, damages, suits
and actions whatsoever, including any claim for personal injury and
any loss or for damage to property, which arise out of or in
connection with the entry onto and use of the Site 6 staging area
and access through PWGSC property north of Wellington Street,
including any made by PWGSC against the Owner. If PWGSC is made a
party to any litigation commenced by or against the Owner or the
Contractor, the Contractor will promptly indemnify and hold
harmless the Owner, PWGSC and its agents and will pay to the Owner
(whether for its own benefit of for PWGSC) all costs and expenses
incurred or paid by Owner in connection with such litigation,
including any costs and expenses claimed by PWGSC against the
Owner.
.2 The Contractor hereby releases and discharges the Owner and
PWGSC, and their respective employees and anyone for whom it is
responsible in law, from any claim, demand or action whatsoever as
a result of any loss, damage, injury or death suffered by the
Contractor or any of its contractors, employees and anyone for whom
it is responsible in law, howsoever caused, arising from use or
occupancy of Site 6 staging area and access through PWGSC property
north of Wellington Street. This paragraph constitutes a full
waiver and release in favour of the Owner and PWGSC for any such
claim.
.3 Neither the Owner nor PWGSC warrants safe access to, on or
under the Site 6 staging area and access through PWGSC property
north of Wellington Street. Such access or the presence of the
Contractor, its employees, contractors, servants, licensees and
agents on Site 6 staging area and access through PWGSC property
north of Wellington Street shall be solely at the risk and peril of
the Contractor and the Contractor assumes all risk of loss, damage
to property of, or injury to itself, its servants, contractors,
agents, employees or Contractor in connection or in any way related
therewith. Neither the Owner nor PWGSC shall have responsibility
for any such loss, damage or injury, or for any safety related
issues. Neither the Owner nor PWGSC has made and does not make any
representation as to the present or future conditions of the Site 6
staging area and access through PWGSC property north of Wellington
Street. The Contractor covenants, represents and warrants that any
employee, contractor, servant, agent or licensee that will access
the real property will be adequately trained and at all times
comply with all applicable health and safety laws and
requirements.
.4 For greater certainty, the indemnities and releases in this
paragraph 12.1.7 are not subject to the limitations in paragraph
12.1.3.
.6 ADD the following paragraph 12.1.8:
"12.1.8 Without prejudice to the parties rights in respect of
payments or liquidated damages provided for herein, the indemnities
under this Contract shall not apply and there shall be no right to
claim damages for breach of this Contract, in tort or on any other
basis whatsoever, to the extent that any loss claimed by either
party is:
.1 for punitive, exemplary or aggravated damages;
.2 for loss of profits, loss of use, loss of production, loss of
business or loss of business opportunity sustained by either party
and not by third parties; or
.3 is a claim for consequential loss or for indirect loss of any
nature suffered or allegedly suffered by either party.
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.7 ADD the following paragraph 12.1.9:
"12.1.9
.1 Subject to the indemnities provided herein, neither party
shall be liable in tort to the other party in respect of any
negligent act or omission of any such person relating to or in
connection with this Contract and no such person shall bring such a
claim.
.2 Notwithstanding any other provision of this Contract, and
except to the extent recovered under any of the insurances required
pursuant to this Contract, neither Party shall be entitled to
recover compensation or make a claim under this Contract, or any
other agreement in relation to the Project, in respect of any loss
that it has incurred (or any failure of the other party) to the
extent that the party has already been compensated in respect of
that loss or failure pursuant to this Contract, or otherwise.
.3 The Owner and the Contractor shall at all times take
commercially reasonable steps to minimize and mitigate any loss for
which the relevant party is entitled to bring a claim against the
other party pursuant to this Contract.
27 GC 13 Changes in the Work
.1 ADD the following General Condition:
"GC 13 CHANGES IN THE WORK
13.1 The Contractor shall inform the Surety Company or Companies
who have issued Performance Bonds or Labour and Material Payment
Bonds for this Contract, if any change to the Contract requires
adjustments of the bonds, the Contractor shall initiate and pay for
such adjustments.
13.2 The Contractor shall advise the Engineer if the schedule is
affected by any change and obtain
authorizations from the Engineer before proceeding with related
work which may affect contemplated changes. The Contractor shall
advise the Engineer of the effect on the overall schedule, if any,
due to changes required by a Change Directive"."
28 GC 14 Municipal Freedom of Information and Protection of
Privacy
.1 ADD the following:
"GC 15 MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF
PRIVACY
15.1 The Contract, including all Contract Documents, shall
become public information, unless the Contractor specifically
requests that certain parts of the Form of Tender remain
confidential subject to the Municipal Freedom of Information and
Protection of Privacy Act"."
29 GC 15 Retail Sales Tax-Non-Resident Contractors
.1 ADD the following General Condition:
"GC 15 RETAIL SALES TAX - NON-RESIDENT CONTRACTORS
15.1 If the Contractor is a non-resident Contractor, as defined
in the Retail Sales Tax Act, R.S.O. 1990,
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c.R.31 as amended, it will obtain and provide the City with a
duplicate copy of a valid certificate issued by the Minister of
Revenue indicating that the Contractor has fulfilled its obligation
to deposit funds or a guarantee bond with the Treasurer of Ontario
to secure payment of the tax payable in respect of tangible
personal property consumed or used pursuant to or in the carrying
out of the Contract.
15.2 The non-resident Contractor will provide the certificate
within seven (7) Working Days of the date the
City requests it. If the non-resident Contractor fails to
provide the appropriate certificate within the time limit specified
by this condition, the City may, in addition to any other remedies
which it might have, withhold from payment to the non-resident
Contractor, an administration fee, to be determined by the City, to
cover costs incurred by the City to comply with the requirements of
the Retail Sales Tax Act."
30 GC 16 Integrity Provisions
.1 ADD the following General Condition:
"GC 16 INTEGRITY PROVISIONS
.1 The Contractor represents, warrants and covenants to the
Owner that:
(1) no Restricted Person has or will have Direct or Indirect
power or control over the Contractor in relation to the decisions,
management, actions or policies of the Contractor or in relation to
the operation, management and ownership of the Project;
(2) no Restricted Person has or will have directly or
indirectly, an Economic Interest in the Contractor or the
Project;
(3) it is not now, and will not become, a Restricted Person;
and
(4) in respect of the Project, it and its subcontractors have
not contracted with, and will not contract with, any person that is
a Restricted Person.
31 GC 17 Contractor Requirements under the City of Ottawas
Federal Contribution Agreement
.1 ADD the following General Condition:
"GC 17 CONTRACTOR REQUIREMENTS UNDER THE CITY OF OTTAWAS FEDERAL
CONTRIBUTION AGREEMENT
17.1 Without altering, impairing or limiting any other
obligations of the Contractor in the Contract, the Contractor
acknowledges and agrees that for a period ending on the earlier of
eight (8) years after the earlier of the Substantial Completion
Date or the termination of this Contract:
.1 the Contractor shall provide and shall cause each
subcontractor to provide to the Owner all information, reports,
documents, records and the like, in the possession of, or available
to, the Contractor as the Owner may reasonably require from time to
time for any purpose in connection with this Contract. The
Contractor shall use commercially reasonable efforts to ensure
that, for such purpose, all such information, reports, documents,
records and the like in the possession of, or available to the
subcontractors shall be available to the Contractor and the
Contractor shall include relevant terms in all subcontracts to this
effect;
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CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 17 of
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.2 all information, reports, documents and records in the
possession of, or available to, the Contractor which are required
to be provided to or available to the Owner hereunder, shall be
subject and open to inspection and audit by the Owner at any time
and from time to time, which inspection and audit shall take place
during normal business hours and at the Contractors normal places
of business unless the Owner and the Contractor otherwise agree.
The Owner shall also have the right to monitor and audit the
performance of any and all the activities within the Work wherever
located, and the Contractor shall cooperate with, and shall require
each subcontractor to cooperate with, and provide access to the
representatives of the Owner monitoring and auditing the Work,
including providing them with access and copies (at the Owners
reasonable cost) of all relevant information, reports, documents
and records pertaining to the performance of the activities within
the Work. Except as otherwise provided herein, all of the Owners
costs for the inspections, audits and monitoring shall be borne by
the Owner;
.3 in conducting an audit of the Contractor hereunder or as
otherwise provided under this Contract, the Owner shall have all
rights necessary or incidental to conducting an audit, including
the right to have access to and inspect and take copies (at the
Owners reasonable cost) of all books and records of the Contractor
required to be provided to or available to the Owner hereunder,
upon reasonable notice and at reasonable times. The Contractor
shall fully cooperate with the Owner and its auditors in the
conduct of any audits, including by making available all such
records and accounts in existence at that time as they may require
to perform a full and detailed audit, and the Contractor further
agrees to promptly review and settle with the Owner all matters
arising from such audits, including the refunding of monies to the
Owner where applicable. At the reasonable request of the Owners
auditors, the Contractor shall provide such information, reports,
documents and records as the Owners auditors may reasonably
require;
.4 the Owners rights pursuant to this section shall be in
addition to, and shall not limit, any other audit, information,
inspection or similar rights under this Contract; and
.5 the Owners rights pursuant to this section shall not limit or
restrict any governmental authoritys (including its own) right of
review, audit, information or inspection under applicable law. Upon
notice to the Contractor, the Owners right pursuant to this section
may also be exercised by Her Majesty the Queen in Right of Ontario,
the Auditor General of Ontario, Her Majesty the Queen in Right of
Canada, the Auditor General of Canada and anyone acting on their
behalf without the requirement for further action on the part of
the Owner.
17.2 Without altering, impairing or limiting any other
obligations of the Contractor in the Contract Documents, the
Contractor acknowledges and agrees that throughout the term of the
Contract, without any prejudice to any access rights of any such
person as a member of the general public or pursuant to applicable
law, the Owner and its agents and representatives shall have
unrestricted access to the Place of Work and any workshop where
materials, or equipment are being manufactured, prepared or stored
at all reasonable times during normal working hours, including for
the purposes of general inspection or audit, or of attending any
test or study being carried out in respect of the Work, or to
fulfill any statutory, public or other duties or functions. In
exercising their access rights under this section the Owner shall
(i) provide reasonable prior notice appropriate to the
circumstances (other than for any offices or other facilities
provided at the Place of Work for the use of the Owner or its
agents and representatives); and (ii) comply with all relevant
safety procedures and any reasonable directions with regard to site
safety that may be issued by or on behalf of the Contractor from
time to time. With the prior authorization of the Owner, any of the
Her Majesty the Queen in Right of Ontario, the Auditor General of
Ontario, Her Majesty the Queen in Right of Canada, the Auditor
General of Canada and
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CITY OF OTTAWA SECTION 00105 COMBINED SEWAGE STORAGE TUNNEL
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CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 18 of
20
anyone acting on their behalf shall also have access to the
Place of Work and other sites.
17.3 Without altering, impairing or limiting any other
obligations of the Contractor in the Contract Documents, the
Contractor acknowledges and agrees that it shall comply with all
applicable laws in undertaking the Work, including all applicable
labour, environmental, and human rights legislation.
17.4 Subject to sections 17.4.1 and 17.4.2, but notwithstanding
anything else in the Contract to the contrary, the Contractor
acknowledges and agrees that, in accordance with the transparency
and accountability principles of the Owner, the Owner has a right
to disclose or publish (including on websites) this Contract, any
or all terms hereof, including any or all contractual submissions
and other records kept in accordance with the Contract, any
information related to the performance of the Contractor or any
related persons or any information derived from the Contract or the
information related to the performance of the Contractor (or any
related party or subcontractor) as the Owner, in its discretion,
may consider appropriate. In exercising its discretion, the Owner
will be guided by the principles set out in sections 17.4.1 and
17.4.2.
.1 the Owner will not disclose portions of the Contract or any
terms hereof, including any contractual submissions or other
records kept in accordance with the Contract, any information
related to the performance of the Contractor (or any related party
or subcontractor) or any information derived from this Contract or
the information related to the performance of the Contractor (or
any related party or subcontractor) which would be exempt from
disclosure under section 10(1) of the Municipal Freedom of
Information and Protection of Privacy Act (Ontario); and
.2 notwithstanding section 17.4.1, where a compelling public
interest in the disclosure of the information clearly outweighs the
public interest in limiting the disclosure of the information
supplied by the Contractor (or any related party or subcontractor),
the Owner may disclose such information.
17.5 The Owner may disclose this Contract, any or all terms
hereof, including any or all contractual submissions and other
records kept in accordance with this Contract, any information
related to the performance of the Contractor (or any related party
or subcontractor) or any information derived from this Contract or
the information related to the performance of the Contractor (or
any related party or subcontractor) to any of the Her Majesty the
Queen in Right of Ontario, the Auditor General of Ontario, Her
Majesty the Queen in Right of Canada, the Auditor General of Canada
and anyone acting on their behalf in connection with funding and/or
contribution agreements made in respect of this Project. In the
event of such disclosure, the Contractor acknowledges and agrees
that:
.1 such persons may be subject to the Freedom of Information and
Protection of Privacy Act (Ontario), Access to Information Act
(Canada) or other applicable laws in respect of protection and/or
disclosure of such information;
.2 such disclosure is not limited or prohibited by this
Contract; and
.3 subject to compliance with, as applicable, Freedom of
Information and Protection of Privacy Act (Ontario), Access to
Information Act (Canada) or other applicable laws, such persons
will be free to use, disclose or publish (including on websites)
any information on such terms and in such manner as they see
fit.
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CITY OF OTTAWA SECTION 00105 COMBINED SEWAGE STORAGE TUNNEL
SUPPLEMENTARY CONDITIONS
CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 19 of
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17.6 The Contractor acknowledges and agrees during the term of
this Contract that:
.1 public communications activities undertaken by the Owner, or
by the Contractor if directed by the Owner, may include or refer to
Her Majesty the Queen in Right of Ontario and Her Majesty the Queen
in Right of Canada in connection with funding and/or contribution
agreements made in respect of this Project;
.2 the Owner, together with Her Majesty the Queen in Right of
Ontario and Her Majesty the Queen in Right of Canada may have
regular media events about the funding and status of the Project.
Key milestones may be marked by public events, news releases and/or
other mechanisms. The Contractor will use commercially reasonable
efforts to accommodate such events, including at the Place of Work,
when requested by the Owner at no additional cost or expense to the
Owner; and
.3 the Owner may request that the Contractor install signage on
the Place of Work supplied by the Owner identifying the Project and
the Contractor will use commercially reasonable efforts to
accommodate such signage when requested by the Owner, all at no
additional cost or expense to the Owner.
32 Definitions .1 ADD the following Definitions:
Change in Ownership means, with respect to a person, any change
in ownership, whether beneficial or otherwise, of any of the
securities of ownership of such person, or in the direct or
indirect power to vote or transfer any of the securities of
ownership of such person. Change in Control means, with respect to
a person: (a) any Change in Ownership, where the effect of such
change is to result in control of the decisions made by or on
behalf of such person subsequently being with a different entity or
entities than prior to such change; (b) any other change in respect
of the power to elect a majority of the directors of the person or
otherwise control the decisions made on behalf of such person; or
(c) any other change of direct or indirect power to direct or cause
the direction of the management, actions or policies of such
person.
Direct or Indirect Power or Control means the direct or indirect
power or control over the decisions, management, actions or
policies of a person, including through the direct or indirect
power or control over the decisions, management, actions or
policies of any persons having direct or indirect power or control
over the decisions, management, actions or policies of any other
person, whether through:
- ownership, beneficial or otherwise, of any of the shares,
units or equity interest of a person;
- the direct or indirect power to vote any of the shares, units
or equity interests of a person; or
- the direct or indirect power or authority to influence or
direct the approval of a decision, the management, actions or
policies of a person or to prevent the approval of a decision, the
management, actions or policies of a person through any contractual
right or other power or interest with or over a person.
Economic Interest means any right to receive, directly or
indirectly and whether in cash or in kind, a payment, repayment,
fee, interest, dividend, distribution, redemption or any other
consideration of benefit or value to the recipient of any nature
whatsoever.
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CCDC 4-2011 SPECIFICATIONS CONTRACT NO. ISD14-2036 PAGE 20 of
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Restricted Person means any person who (or any member of a group
of persons acting together, any one of which):
- has, directly or indirectly, its principal or controlling
office in a country that is subject to any economic or political
sanctions imposed by Canada for reasons other than its trade or
economic policies;
- is or has been involved in the illegal manufacture, sale,
distribution or promotion of narcotic substances or arms, or is or
has been involved in the promotion, support or carrying out of
terrorism;
- in the case of an individual, he or she (or in the case of a
legal entity, any of the members of the board of directors or its
senior executive managers) has been sentenced to imprisonment or
otherwise given a custodial sentence (other than a suspended
sentence) for any criminal offence (other than minor traffic
offences or misdemeanours) less than 5 years prior to the date at
which the determination of whether the person falls within this
definition is being made;
- has as its primary business the acquisition of distressed
assets or investments in companies or organizations which are or
are believed to be insolvent or in a financial standstill situation
or potentially insolvent;
- is subject to any claim of the Owner, the Province of Ontario
or the Government of Canada in any proceedings (including
regulatory proceedings) which have been concluded or are pending at
the time at which the determination of whether the person falls
within this definition is being made and which (in respect of any
such pending claim, if it were to be successful) would, in the
Owners view, in either case, be reasonably likely to materially
affect the ability of the Contractor to perform its obligations
under this Contract; or
- has been convicted of an offence under the Proceeds of Crime
(Money Laundering) and Terrorist Financing Act (Canada), has been
convicted of an offence relating to anti-competitive behaviour
under the Competition Act (Canada), or has been convicted of the
commission of a money laundering offence or a terrorist activity
financing offence under the Criminal Code (Canada).
END OF SECTION
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CITY OF OTTAWA SECTION 00110 COMBINED SEWAGE STORAGE TUNNEL
AMENDMENTS TO THE CCDC41
2008 INSURANCE REQUIREMENTS CONTRACT NO. ISD14-2036 PAGE 1 of 3
.1 REPLACE paragraph 1 with the below text: The City of Ottawa
shall purchase and maintain in full force at all times, from the
execution of the Contract through to Construction Completion:
Wrap-up comprehensive liability insurance with a combined single
limit of liability of not less than one hundred million dollars
($100,000,000) per occurrence and in aggregate for bodily injury,
personal injury and property damage including loss of use thereof.
The policy shall be primary over and above any other existing
policy. The insured parties under the policy shall include the
successful Contractor, all sub-consultants and all subcontractors.
The deductible shall be not less than one hundred thousand dollars
(100,000); the first fifty thousand (50,000) shall be paid by the
Contractor or Contractors responsible for the loss to the City of
Ottawa. If more than one Contractor is involved, the City of
Ottawas Representative shall be the sole judge as to how the
deductible is apportioned. Upon notification of a claim being made,
the City of Ottawa shall, at its sole discretion, be entitled to
retain the amount of the deductible in whole or in part from
payment to the Contractor. Such amount will be applied by the City
of Ottawa in satisfaction of that claim and excess amounts, if any,
will be paid to the Contractor in the event and at such time as the
claim is settled, dismissed or withdrawn. Notwithstanding the
foregoing, the City of Ottawa may, at its sole discretion, issue an
invoice to the Contractor for the actual amount of the claim
settlement up to the amount of the deductible, and if the invoice
is not paid within thirty (30) days, the City of Ottawa shall
deduct such amount from a future payment due to the Contractor Such
insurance shall include but not be limited to:
Products and broad form completed operations liability; the
completed operations liability coverage shall remain in effect for
a period of not less than twenty-four ( 24) months after
Construction Completion;
Premises, property and operations; Occurrence property damage;
Medical payments; Owners and contractors protective liability;
Blanket contractual liability Contingent employer's liability;
Personal injury liability; Non-owned automobile liability; Cross
liability with respect to additional insureds; Severability of
interest clause; Employees as additional insureds; Broad form
property damage endorsement; Operation of attached machinery; and
Sudden and accidental pollution, Blasting, demolition, pile driving
Caisson work or tunnelling
.2 REPLACE paragraph 2 with the below text: The City of Ottawa
shall maintain for the term of the Project, Environmental Liability
Insurance which will cover the Contractor and Subcontractors on the
Project. Such Environmental Liability Insurance shall provide
coverage for on site cleanup of new conditions, third party claims
for on-site and off-site bodily injury and
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CITY OF OTTAWA SECTION 00110 COMBINED SEWAGE STORAGE TUNNEL
AMENDMENTS TO THE CCDC41
2008 INSURANCE REQUIREMENTS CONTRACT NO. ISD14-2036 PAGE 2 of 3
property damage, and off-site clean up for a limit of not less than
twenty five million dollars ( $25,000,000) per occurrence and in
the aggregate. If such insurance is issued on a claims made basis,
such insurance shall contain a 24 month extended reporting period
or be maintained for a period of two years subsequent to completion
of the project. Claims under this insurance shall be subject to a
deductible of one hundred thousand dollars ( $100,000) per claim.
The first fifty thousand dollars ($50,000) of the one hundred
thousand dollars ( $100,000) deductible shall be paid by the
Contractor or Contractors responsible for the loss. If more than
one contractor is involved, the City of Ottawa Representative shall
be the sole judge as to how the deductible is apportioned. Upon
notification of a claim being made, the City of Ottawa shall, at
its sole discretion, be entitled to retain the amount of the
deductible in whole or in part from payment to the Contractor. Such
amount may be applied by the City in satisfaction of that claim and
excess amounts, if any, will be paid to the Contractor in the event
and at such time as the claim is settled, dismissed or withdrawn.
Notwithstanding the foregoing, the City may, at its sole
discretion, issue an invoice to the Contractor for the actual
amount of the claim settlement up to the amount of the deductible,
and if the invoice is not paid within thirty (30) days, the City
shall deduct such amount from a future payment due to the
Contractor.
- .3 REPLACE paragraph 3 with the below text: Throughout the
term of the Contract including all warranty periods, the Contractor
shall obtain and maintain at their own expense the following
insurance in relation to the CSST Project, any services required to
be performed by the Contractor under the Contract Documents, or
otherwise, each such policy to be issued by an insurance company
licensed to carry on the business of issuing such policies in
Ontario, and possessing a Best's Financial Strength Rating of at
least A- or better. Comprehensive General Liability Insurance which
shall include, but not limited to:
Bodily injury and property damage; Personal injury; Blanket
contractual liability; Premises, property and operations; Products
and broad form completed operations coverage; Occurrence property
damage; Medical payments; Contingent employer's liability coverage,
for any claims that might be brought against the City of
Ottawa by any employee of the Contractor; Owner's and
Contractor's protective coverage for all subcontracted operations;
Sudden and accidental pollution coverage; Broad form property
damage; Employees as additional insured; Non-owned automobile; and
Cross liability and severability of interest clause. Such insurance
shall provide a combined single limit of not less than Twenty Five
Million Dollars
($25,000,000) for any one occurrence or accident for all claims
arising out of bodily injury (including death) and damage to
property of others. Such liability insurance shall contain no
exclusions in conflict with the character of the Work required to
be performed under the Contract and shall include the Commission as
additional insured.
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CITY OF OTTAWA SECTION 00110 COMBINED SEWAGE STORAGE TUNNEL
AMENDMENTS TO THE CCDC41
2008 INSURANCE REQUIREMENTS CONTRACT NO. ISD14-2036 PAGE 3 of 3
The above noted insurance policies shall add the City of Ottawa,
its elected officials, agents, officers and employees as an
additional insured with respect to the operations of the
Contractor. Such insurance policies shall be non-contributing with
and apply as primary and not as excess of any insurance available
and shall contain a waiver of subrogation in favor of the City of
Ottawa.
.4 REPLACE paragraph 4 with the below text: Contractor shall
provide Automobile Liability insurance, for liability arising out
of the use of leased and owned automobiles in connection with the
performance of the Work. Coverage will consist of a combined single
limit of liability of five million dollars ($5,000,000) per occ