the Owner) with the provision of the Work pursuant to the Contract. The Contractor acknowledges and agrees that a conflict of interest includes the use of Confidential Information where the Owner has not specifically authorized such use. 9.2 The Contractor shall disclose to the Owner, in writing, without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest, including the retention of any Subcontractor or Supplier that is directly or indirectly affiliated with or related to the Contractor. 9.3 The Contractor covenants and agrees that it will not hire or retain the services of any employee or previous employee of the Owner or the Ontario Public Service where to do so constitutes a breach by such employee or previous employee of the previous employer’s conflict of interest policy, as it may be amended from time to time. 9.4 A breach of this Article by the Contractor, any of the Subcontractors, or any of respective advisors, partners, directors, officers, employees, agents, and volunteers shall entitle the Owner to terminate the Contract, in addition to any other rights and remedies that the Owner has in the Contract, in law, or in equity. ARTICLE A-10 – CONFIDENTIALITY Add new Article A-10 – Confidentiality: 10.1 The Contractor agrees to ensure that it shall, both during or following the term of the Contract, maintain the confidentiality and security of all Confidential Information and Personal Information, and that it shall not directly or indirectly disclose, destroy, exploit, or use any Confidential Information or Personal Information, except where required by law, without first obtaining the written consent of the Owner. The Contractor may disclose any portion of the Contract Documents or any other information provided to the Contractor by the Owner to any Subcontractor or Supplier if the Contractor discloses only such information as is necessary to fulfill the purposes of the Contract and the Contractor has included a commensurate confidentiality provision in its contract with the Subcontractor or Supplier. The Contractor acknowledges that it will comply with all requirements of the Personal Information Protection and Electronic Documents Act. The Contractor acknowledges that the Owner is bound by the provisions of the Freedom of Information and Protection of Privacy Act (“FIPPA”). The Contractor further acknowledges that the Owner may be required to disclose any or all of the Confidential Information and Personal Information in the event that it is compelled to do so by law, through a request under FIPPA, or by the rules of any applicable regulatory authority.
"Except with respect to the notice requirements set out in paragraphs 6.4.1, 6.5.4, and 6.6.1, no …". GC 1.4 ASSIGNMENT .1 Delete paragraph 1.4.1 in its entirety and substitute new paragraph 1.4.1: 1.4.1 The Owner may assign the Contract or a portion thereof without the consent of the Contractor, where such assignment is to an entity undertaking the Project for the use of the Crown in Right of Ontario. The Contractor may not assign the Contract or a portion thereof without the consent of the Owner, and the granting of such consent shall be in the Owner's discretion, not to be unreasonably withheld. GC 2.4 DEFECTIVE WORK .1 Add new subparagraphs 2.4.1.1 and 2.4.1.2: 2.4.1.1 The Contractor shall rectify, in a manner acceptable to the Owner and the Consultant, all defective work and deficiencies throughout the Work, whether or not they are specifically identified by the Owner or the Consultant. 2.4.1.2 When applicable, the Contractor give priority to the correction of any defective work or deficiencies which the Owner determines adversely affect its day-to-day operations. GC 3.1 CONTROL OF THE WORK .1 Add new paragraph 3.1.3: 3.1.3 Prior to commencing the Work, the Contractor shall verify, at the Place of the Work, all relevant measurements and levels necessary for the proper completion of the Work and shall further carefully compare such field measurements and conditions with the requirements of the Contract Documents. Where dimensions are not included or exact locations are not apparent in the Contract Documents, the Contractor shall immediately notify the Consultant in writing and obtain Supplemental Instructions from the Consultant before proceeding with any part of the affected work.
GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS .1 Delete subparagraph 3.2.2.1 in its entirety .2 Delete subparagraph 3.2.2.2 in its entirety .3 Add new subparagraph 3.2.3.4: 3.2.3.4 Subject to General Condition 9.4 - CONSTRUCTION SAFETY, paragraph 3.2.4 of General Condition 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS applies, for the Owner’s own forces and for other contractors performing work identified in the Contract Documents, assume overall responsibility for compliance with all aspects of the applicable health and safety legislation in the Place of the Work, including all of the responsibilities of the constructor as that term is defined in the Occupational Health and Safety Act. GC 3.4 DOCUMENT REVIEW .1 Delete paragraph 3.4.1 in its entirety and substitute new paragraph 3.4.1: 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency, or omission the Contractor may discover. Such review by the Contractor shall be undertaken with the standard of care described in paragraph 3.14.1 of the Contract. Except for its obligation to make such review and report the result, the Contractor does not assume any responsibility to the Owner or to the Consultant for the accuracy of the Contract Documents. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents, which the Contractor could not reasonably have discovered through the exercise of the required standard of care. If the Contractor does discover any error, inconsistency, or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant. .2 Add new paragraph 3.4.2:
GC 3.10 SHOP DRAWINGS .1 Revise the heading, “GC 3.10 SHOP DRAWINGS” to read “GC 3.10 SHOP DRAWINGS AND SUBMITTALS”. .2 Add “and Submittals” after the words “Shop Drawings” in paragraphs 3.10.1; 3.10.2; 3.10.4;; 3.10.7; 3.10.8; 3.10.9; 3.10.10; 3.10.11; and 3.10.12. .3 Add new paragraph 3.10.13 as follows: “3.10.13 Adjustments made on Shop Drawings by the Consultant are not intended to change the Contract Price. If any such adjustments may result in any change to the Contract Price, the Contractor shall so advise the Consultant prior to proceeding with the work and such change shall be dealt with in accordance with the provisions of Part 6 – CHANGES IN THE WORK. GC 3.11 USE OF THE WORK .1 Add new paragraph 3.11.3: 3.11.3 The Contractor shall abide by and enforce directives and policies regarding signs, advertisements, fires and smoking at the Place of the Work as directed by the Owner. GC 3.13 CLEAN UP .1 Add the following sentence to paragraph 3.13.1: “The Owner reserves the right to clean areas of the Work not deemed acceptably clean, and to charge the Contractor for the cost of cleaning.” Add new General Conditions 3.14 and 3.15: GC 3.14 PERFORMANCE BY CONTRACTOR 3.14.1 In performing its services and obligations under the Contract, the Contractor shall exercise the standard of care, skill, and diligence that would normally be provided by an experienced and prudent contractor supplying similar services for similar projects. The Contractor acknowledges and agrees that throughout the Contract, the performance of the Contractor’s obligations, duties, and responsibilities shall be judged against this standard. The Contractor shall exercise the same standard of care, skill, and diligence in
respect of any Products, personnel, or procedures which it may recommend to the Owner. 3.14.2 The Contractor further represents, covenants and warrants to the that: .1 the personnel it assigns to the Project are appropriately experienced; .2 it has a sufficient of qualified and competent personnel to replace any of its appointed representatives, subject to the Owner’s approval, in the event of death, incapacity, removal or resignation; and .3 there are no pending, threatened or anticipated claims that would have a material effect on the financial ability of the Contractor to perform its work under the Contract. GC 3.15 RIGHT OF ENTRY 3.15.1 The Owner shall have the right to enter or occupy the Work in whole or in part for the purpose of placing fittings and equipment or for other uses before Substantial Performance of the Work, if, in the reasonable opinion of the Consultant and Contractor, such entry or occupation does not prevent or substantially interfere with the Contractor's completion of the Contract within the Contract Time. Such entry or occupation shall not be considered as acceptance of the Work or in any way relieve the Contractor from responsibility to complete the Contract. GC 4.1 CASH ALLOWANCES .1 Delete paragraph 4.1.4 in its entirety and substitute new paragraph 4.1.4: 4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, any unexpended amounts from other cash allowances shall be reallocated, at the Consultant’s direction, to cover the shortfall, and, in that case, there shall be no additional amount added to the Contract Price for overhead and profit. Only where the actual cost of the Work under all cash allowances exceeds the total amount of all cash
5.2.8 As a condition of receiving each progress payment after the first, the Contractor shall submit a Statutory Declaration on an original form CCDC Document 9A-2001, attesting to the truth of the statements made therein. 5.2.9 The Contractor shall submit a Workplace Safety & Insurance Board Clearance Certificate with each application for progress payment. 5.2.10 The Contractor shall prepare current As-Built Drawings during the course of the Work, which current As-Built Drawings shall be maintained by the Contractor and made available to the Consultant for review with each application for progress payment. The Consultant may retain a reasonable amount and up to a maximum of the amounts outlined in paragraph 5.4.7, from any progress payment for the value of the As-Built Drawings not presented for review until the As-Built Drawings are presented for review. GC 5.3 PROGRESS PAYMENT .1 Delete subparagraph 5.3.1.3 in its entirety and substitute new subparagraph 5.3.1.3: .3 the Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement – PAYMENT no later than 30 calendar days after the date of a certificate of payment issued by the Consultant GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK .1 Delete paragraph 5.4.3 in its entirety and substitute new paragraph 5.4.3: 5.4.3 Immediately to the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish reasonable dates for finishing the Work and correcting deficiencies. .2 Add new paragraphs 5.4.4, 5.4.5, 5.4.6, 5.4.7, 5.4.8 and 5.4.9: 5.4.4 Within 7 calendar days of receiving a copy of the certificate of Substantial Performance of the Work signed by the Consultant, the Contractor shall publish a copy of the certificate in a construction trade newspaper (as that term is defined in the Construction Lien Act) and shall provide to the Consultant and the Owner the date of publication and
.5 include copies of any documents of any or arbitration process related to the matter; .6 identify the dispute or claim between the Contractor and the Owner to which the matter relates; and .7 include a copy of any written agreement or a summary of any oral agreement between the parties related to resolution of the matter. The disclosure requirements detailed herein are of a continuing nature and survive completion of the Work. Accordingly, the Contractor shall supplement the information provided with the original statutory declaration with additional materials pertaining to new or existing disputes or claims, as they become available. The Contractor shall not be entitled to recover from the Owner any amount pertaining to any claim or dispute referred to in this paragraph, if the provisions of this paragraph have not been fully complied with. For greater certainty, the Contractor is not obliged to make the aforementioned disclosure with respect to any dispute or claim that is not related to or does not touch upon any then outstanding and unresolved dispute or claim between the Contractor and the Owner. GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK .1 Add new subparagraph 5.5.1.3: 5.5.1.3 submit a statement that no written notices of lien have been received by it. .2 Delete from line 1 of paragraph 5.5.2, the words, “the statement” and substitute the words: “the documents”. .3 Delete paragraph 5.5.3 in its entirety. GC 5.7 PAYMENT .1 Delete paragraph 5.7.1 in its entirety and substitute new paragraph 5.7.1:
Contractor shall take such emergency action as it deems necessary to remove the danger. .4 Add new paragraph 9.1.6: The Contractor be responsible for securing the Place of Work at all times and shall take all reasonable precautions necessary to protect the Place of Work, its contents, materials (including Owner-supplied materials) and the public from loss or damage during and after working hours. Where the Consultant or the Owner deems the provision of security guard services to be necessary, the Contractor shall provide those services at the Owner's expense. GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES .1 Add new subparagraph 9.2.5.5 9.2.5.5 take all reasonable to mitigate the impact on Contract Time and Contract Price .2 Delete subparagraph 9.2.7.4 in its entirety. .3 Add “or released onto” in the preamble to paragraph 9.2.8, after the words “brought onto”. .3 Add to subparagraph 9.2.8.3 immediately before the comma, the following new words: "and as a result of the delay" GC 9.4 CONSTRUCTION SAFETY .1 Delete paragraph 9.4.1 in its entirety and substitute new paragraph 9.4.1 9.4.1 The Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations, and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. .2 Add new paragraphs 9.4.2, 9.4.3 and 9.4.4:
authority, as may be required to give effect to this paragraph. .2 Add new paragraph 10.1.4: 10.1.4 In the event that new or additional taxes in respect of the Work are required by federal, provincial, territorial, regional or municipal legislation after the Contract is executed, the amount payable under this Contract shall be adjusted to include such taxes. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES .1 Add to the end of paragraph 10.2.4 the following " The Contractor notify the Chief Building Official or the registered code agency, where applicable, of the readiness, substantial completion, and completion of the stages of construction set out in the Ontario Building Code. The Contractor shall be present at each site inspection by an inspector or registered code agency. If any laws, ordinances, rules, regulations, or codes conflict, the more stringent shall govern." .2 Delete from the first line of paragraph 10.2.5 the word, “The” and substitute the words: “Subject to paragraph 3.4.1, the”. GC 10.3 PATENT FEES .1 Delete paragraph 10.3.2 in its entirety. GC 10.4 WORKERS’ COMPENSATION .1 Add to subparagraph 10.4.1 immediately after the first comma, the following new words: "again with each application for progress payment, and" .2 Add to the beginning of subparagraph 10.4.2 the following new words: "The Contractor shall ensure that each Subcontractor complies with the workers' compensation legislation at the Place of the Work.
13.2.1 In the event that a claim for lien is registered against the Project by a Subcontractor or Supplier, and provided the Owner has paid all amounts properly owing under the Contract, then the Contractor shall, at its own expense: .1 within 10 calendar days of Notice in Writing by the Owner to the Contractor to do so, ensure that any and all claims for lien and certificates of action are discharged, released, or vacated by the posting of security or otherwise; and .2 in the case of written notices of lien, ensure that such notices are withdrawn, in writing. 13.2.2 In the event that the Contractor fails to conform with the requirements of paragraph 13.2.1, the Owner may fulfil those requirements without further Notice in Writing to the Contractor and set off and deduct from any amount owing to the Contractor, all costs and associated expenses, including the costs of posting security and all legal fees and disbursements associated with discharging or vacating the claim for lien or certificate of action and defending the action. If there is no amount owing by the Owner to the Contractor, then the Contractor shall reimburse the Owner for all of the said costs and associated expenses. GC 13.3 CONTRACTOR DISCHARGE OF LIABILITIES 13.3.1 In addition to the obligations assumed by the Contractor pursuant to General Condition 3.7 – SUBCONTRACTORS AND SUPPLIERS, the Contractor agrees to discharge all liabilities incurred by it for labour, materials, services, Subcontractors and Products, used or reasonably required for use in the performance of the Work, except for amounts withheld by reason of legitimate dispute which have been identified to the party or parties, from whom payment has been withheld. GC 13.4 RECORDS/DAILY REPORTS/DAILY LOGS 13.4.1 The Contractor shall maintain and keep accurate Project records (which means all tangible records, documents, computer printouts, electronic information, books, plans, Drawings, Specifications, accounts or other information relating to the Work) in its office in Ontario in accordance with requirements of law, but in any event for not less than 6 years from Substantial Performance of the Work or until all claims have been settled. During this time, the Contractor shall allow the Owner access to the Project records during normal business hours upon the giving of reasonable notice.