[ Comments
|| Disclaimer ][ Previous Page || Table of Contents || Overview || Section TOC ]
The information displayed here is available as a Microsoft Word.doc file. Please click on this link to download this file.
In the Contract Documents the following definitions apply:
1.1 "Contractor" shall mean the individual,
partnership or company whose proposal is accepted by the British
Columbia Buildings Corporation.
1.2 "Corporation" means the British Columbia Buildings Corporation and its authorized representatives.
1.3 "Mandatory Price" means the base bid cost excluding options.
1.4 "Substantial Performance" means the work is ready for
use or is being used for the purpose intended and
has passed the test procedure in
accordance with Clause PS9 of the Performance Specifications Section 15940
and is so certified by the Corporation.
1.5 "Total Performance" shall mean that the entire
work has been performed to the requirements of the Contract
Documents and is so certified by the
Corporation.
1.6 "Work" includes the whole of the works, materials,
matters and things required to be done, furnished and
performed by the Contractor under the
Contract Documents.
1.7 "Owner'' shall mean the registered owner of the property and its authorized representatives.
2.1 Neither the whole nor any part of the work may be subcontracted
by the Contractor without the written consent
of the Corporation.
2.2 The Contractor shall preserve and protect the rights of the
parties under the Contract Documents with respect to
any work to be performed under
subcontract and shall require subcontractors to perform their work in accordance
with the Contract Documents. The
Contractor shall be as fully responsible to the Corporation for subcontractor's
acts or omissions, or of persons directly
or indirectly employed by them, to the same extent as the Contractor is
responsible under the Contract Documents.
2.3 Nothing contained in the Contract Documents shall create any
contractual relationship between any Subcontractor
and the Corporation.
CC 3 Assignment of Agreement
3.1 This Agreement, or any part thereof, shall not be assigned without the prior written consent of the Corporation.
CC 4 Disputes and Claims
4.1 In the case of a dispute arising between the Corporation and the
Contractor as to their respective rights and
obligations pursuant to the Contract
Documents, either party shall, within SEVEN (7) days of the dispute arising,
give written notice to the other party
that the dispute exists, but the work shall continue. For FOURTEEN (14)
days thereafter, or under such conditions
or for such period of time as the parties may agree in writing, the parties
shall attempt to resolve that dispute by
negotiation. In the event the parties fail to resolve the dispute within the time
limit or in the method agreed upon, the
dispute shall be referred to a single arbitrator pursuant to the commercial
Arbitration Act, SBC 1986, C3, as
amended. The costs of that arbitration shall be borne equally by the parties.
CC 5 Signs and Publicity
5.1 Neither the Contractor, its subcontractors nor anyone directly or
indirectly employed by any of them, shall post
any site signs, nor release any publicity
reports, photographs, sketches, plans or other information, orally or in
writing, concerning the work performed or
to be performed, without the prior written approval of the Corporation.
CC 6 Permits, Fees and By-laws
6.1 The Contractor will, within ONE (1) month from the effective date
of the Contract Documents, pay to the appropriate
municipal authorities an amount equal to
all fees and charges which would be payable to the municipal authorities in
respect of building permits as if the
work were being constructed for a person other than the Corporation, and will
comply with all the laws and regulations
relating to the work, whether federal, provincial or municipal.
CC 7 Submittals
7.1 Drawings showing equipment locations, layouts, schematic diagrams
wiring diagrams, real point naming list and
point tag sheets, and equipment lists,
shall be submitted to the Corporation for approval prior to the start of the project.
CC 8 As-built Drawings and Manuals
8.1 The Contractor shall provide an organized and complete As-Built
Documentation Package in accordance with
Clause 9.4 of the Performance
Specifications, Section 15940. The Corporation's approval of this documentation
shall be necessary before Substantial
Performance is granted.
CC 9 Cleanup and Final Cleaning of Work
9.1 Promptly after the date of Substantial Performance the Contractor
shall remove all his surplus products, tools,
construction machinery and equipment not
required for the performance of the remaining work, unless otherwise
directed by the Corporation.
9.2 Promptly after the date of Total Performance of the work, the
Contractor shall remove any waste products and
debris and leave the site of the work in
a clean and tidy condition suitable for use by the Corporation, its tenants,
subtenants or the Owner.
CC 10 Records to be Kept by Contractor
10.1 The Contractor shall, for a period of TWO (2) years from the date of Total
Performance, maintain and keep full
records, vouchers, other writings and
information in respect of his estimates and actual cost of the work, and shall
make them available for copy, audit or
inspection by the Corporation or its authorized representatives.
CC 11 Insurance
11.1 The Contractor shall provide the following insurances, to be placed with a
company and in a form as may be
acceptable to the Corporation. These
insurances shall remain in force until the date of the Certificate of Total
Performance, unless otherwise stipulated,
and shall provide for THIRTY (30) days prior notice of cancellation,
lapse or material change.
a) Comprehensive General Liability Insurance protecting the Corporation, the Owner if not the Corporation,
the Contractor, and their respective servants, agents or employees against damages arising from personal
injury (including death) and claims for property damage which may arise out of the operations of the
Contractor, its subcontractors, and their respective servants, agents or employees under this Agreement.
This insurance shall be for an amount of not less than ONE MILLION DOLLARS ($1,000,000.) inclusive
per occurrence and shall include a standard form of cross-liability clause. Completed operations coverage
shall be maintained for at least TWELVE (12) months after the date of Certificate of Total Performance.b) Automobile Liability Insurance on all licensed vehicles owned by or leased to the Contractor, protecting
against damages arising from bodily injury (including death) and from claims for property damage arising
from the operations of the Contractor, its servants, agents or employees. This insurance shall be for an
amount of ONE MILLION DOLLARS ($1,000,000.) inclusive per accident.c) Contractor's Equipment Insurance covering all equipment owned or rented by the Contractor and its
servants, agents or employees against all risks of loss or damage with coverage sufficient to allow for
immediate replacement, and shall contain a waiver of subrogation against the Corporation or the Owner
if not the Corporation.d) All-Risks Insurance covering all property of every description to be used in the construction of the work.
This insurance shall be primary, include the Corporation and the Owner as a named insured, and contain a
waiver of subrogation against the Corporation and the Owner if not the Corporation.
Evidence of these insurances shall be lodged with the Corporation prior to the commencement of any work.
11.2 The Contractor shall ensure that all subcontractors employed by
him carry insurance in the form and limits
specified in 11.1.
11.3 The liability of the Contractor under the Contract Documents shall not be affected by the provision of 11.
CC 12 Indemnity
12.1 Notwithstanding any insurance that may be provided by the Corporation,
the Contractor agrees to indemnify
the Corporation from all liability
resulting from the operation of the Contractor or any subcontractors, or their
respective servants, agents or
employees under this Agreement, excepting liability arising out of the negligent
act of the Corporation.
12.2 At the Corporation's option, the Contractor shall, at its own expense,
promptly assume the defence of any claim,
suit or other proceeding arising
out of 12.1 above, and promptly pay any and all costs that may be incurred by
or against the Corporation. The
Corporation may, as a condition precedent to any payment hereunder, require the
Contractor to submit waivers or
releases to resolve any and all claims of any person(s) or corporate entities of any
nature whatsoever to the
Corporation.
12.3 If any encumbrance be placed upon or obtained against the property
comprising the site of the work, or as the result
of any such suit or proceeding, the
Contractor shall forthwith cause the same to be discharged. In the event that the
Contractor fails to remove the said
encumbrance(s) then the Corporation may pay whatever monies are necessary to
fully discharge these
encumbrance(s) and all of its costs in that regard may be deducted from monies otherwise
payable to the Contractor.
CC 13 Performance & Acceptance Testing
13.1 The Corporation shall, within TEN (10) working days of receipt of a
written application from the Contractor for a
Substantial Performance, make an
inspection and assessment of the work to verify the validity of the application.
Before Substantial Performance will be granted, an acceptance testing period of SEVEN (7) calendar days will begin. All features of the contracted system will be shown to be operational to the owner's representatives as per Clause PS9 of the Performance Specifications, Section 15940. During this SEVEN (7)-day period, system communication must be maintained; the maximum aggregate down-time allowed is TWO (2) hours. If the system fails, the test shall begin again.
The Corporation shall, within SEVEN (7) days of its acceptance test, notify the Contractor of its approval or disapproval of the application. When the Corporation finds the work to be substantially performed as per Clause PS9 of the Performance Specifications, Section 15940, it shall issue such a letter.
13.2 The Corporation shall, within TEN (10) days of receipt of an
application from the Contractor for certificate of
Total Performance, make an
inspection and assessment of work to verify the validity of the application. The
Corporation, within SEVEN (7) days
of its inspection, notify the Contractor of its approval or disapproval of the
application. When the Corporation
finds the work to be totally performed, it shall issue a letter of Total
Performance and the date of this
letter shall be the date of Total Performance of the Contract.
CC 14 Certificates and Payments
14.1 Upon expiration of THIRTY-ONE (31) days from The Corporation's
issuance of a letter of Substantial
Performance pursuant to Clause 13,
an amount equal to the Contract Price:
b) less TEN PER CENT (10%) holdback,
shall become due and payable by
the Corporation to the Contractor, subject always to the terms of the Contract
Documents.
14.2 Upon the expiration of FORTY (40) days from the date of the issuance
by the Corporation of the Certificate of
Substantial Performance referred to
above, an amount equal to the amount of all funds retained pursuant to
Sub-Clause 14.1_(b) shall become
due and payable by the Corporation, subject always to the provisions of the
Builder's Lien Act and Repairer's
Lien Act, R.S.B.C. 1979, as amended, rectification of deficiencies and the terms
of the Contract Documents.
CC 15 Liquidated Damages
In the event that the Contractor should fail to substantially perform the work by the agreed upon date, it is further agreed that liquidated damages for such breach of contract will be charged, as noted in the Proposal and Acceptance Form, predicted upon reasonably estimated costs to be incurred by the Owner as a result of the breach of contract and delay by the Contractor. The Contractor agrees to pay such damages on demand, or, in the alternative, that such damages may be deducted from any and all amounts due and owing to the said successful proponent by the Corporation.
CC 16 System Drainage and Refill
The Corporation shall be responsible for system isolation, any necessary drain-down/refills and addition of chemicals for the installation of field devices. The Contractor shall be responsible for all labour and materials, including making good. The Contractor shall coordinate this work with the building engineer.
CC 17 Redundant Equipment Removal and Disposal
The Contractor will remove the redundant equipment and hand it over to the Corporation as directed.
CC 18 Work Schedule
18.1 Cooperate at all times with project manager in all matters concerning
scheduling of work, necessary interference
with normal working routine, access
to work areas, placing and removing of temporary barricades, and protection.
18.2 Electrical power shutdown to facilitate connection of equipment shall
be done in cooperation with the building
superintendent during off hours or
during weekends.
CC 19 Control Strategies
The Contractor shall provide software that, at a minimum, controls the building to the state in which it was found. Existing security, smoke control, fire alarms and monitoring shall be uninterrupted by the installations.
CC 20 Safety Controls
Existing smoke and fire controls, freeze protection, and flame safety controls shall be uninterrupted by new construction.
If any of the above safety controls are non-existing or inoperative, it shall be brought to the attention of the project manager.
[ Previous Page || Table of Contents || Overview ]
[ Comments
|| Disclaimer ]