HomeMy WebLinkAbout2006-013
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006-013
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Cobourg
Development Services Ltd., Cobourg, Ontario, to enter into
agreement for the Mill Street Watermain Realignment,
Newcastle, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Cobourg Development Services Ltd., Cobourg, Ontario, and
said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 30th day of January, 2006.
By-law read a third time and finally passed this 30th
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
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MILL STREET W A TERMAIN REALIGNMENT,
NEWCASTLE
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CONTRACT NO. CL2005-47
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NOVEMBER 2005
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architects
planners
TSH No. 12-10948
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AGREEMENT
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THIS AGREEMENT made in quadruplicate
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BETWEEN: COBOURG DEVELOPMENT SERVICES LTD.
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of the County of Northumberland and Province of Ontario
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hereinafter called the .Contractor"
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THE PARTY OF THE FIRST PART
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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hereinafter called the .Purchaser"
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THE PARTY OF THE SECOND PART
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WITNESSETH, that the party of the first part, for and in consideration of the payment or
payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools,
equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all
the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete
such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read
herewith and form part of this present agreement as fully and completely to all intents and purposes as though
all the stipulations thereof have been embodied herein.
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Mill Street Watermain Realignment, Newcastle, Contract No. CL2005-47.
A. TENDER FORM: General
Itemized Bid
Bonds
Schedule of Tender Data
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS
D. SPECIAL PROVISIONS - GENERAL
E. SPECIAL PROVISIONS - TENDER ITEMS
F. STANDARDS
G. PLANS: Drawings No. 01 and 02
H STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Region of Durham Standard
Specifications revised March 2004.
OPSS No. Date OPSS Date OPSS No. Date
No.
127 Current 314 Dec. 1993 510 April 2003
128 Current 353 Sept. 1996 570 AUJ?;. 1990
206 NOY.2000 501 Feb. 1996 571 Nov. 2001
310 Noy. 2002 506 Nov. 2001 572 Nov. 2003
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GEOTECHNICAL INVESTIGATION (Borehole Logs)
GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
All Plans and Documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in
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L IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the
Contractor for all work done, the unit prices on the Tender.
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This agreement shall enure to the benefit of and be binding upon the heirs, executors,
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Page 2 of 3
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
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SIGNED and sealed by the Contractor COBOURG DEVELOPMENT SERVICES LTD.
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in the presence of
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Date
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SIGNED and sealed by the Purchaser
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in the presence of
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P/I0948/Specs/AGR.doc
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THE CORPORATION OF THE MUNI€IPALITY OF
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PROJECT:
TENDER FOR CONTRACT NO. CL2005-47
MILL STREET WATERMAIN REALIGNMENT,
NEWCASTLE
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AUTHORITY:
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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CONTRACT ADMINISTRATOR:
TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
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TENDERER:
Cobourg Development Services Ltd.
Name
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Box 997
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Cobourg. Ontario K9A 4W4
Address (include Postal Code)
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Tel: 905-372-4848 Fax: 905-372-5036
Telephone and Fax Numbers
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John Revns
Name of Person Signing
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President
Position of Person Signing
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TENDERS RECEIVED BY:
Ms. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
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TENDER
CONTRACT NO. CL2005-47
To:
The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re:
Contract No. CL2005-47
Mill Street Watermain Realignment, Newcastle
Dear Mayor and Council:
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as
part of the work to be done under this Contract. The Contractor understands and accepts the said Plans,
Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish
all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise
specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions,
Specifications and Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are subject to
increase, decrease, or deletion entirely if found not to be required.
Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers,
made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to
the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a
100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the
date of receipt of Notice of Acceptance of the Tender.
Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post,
addressed to the Contractor at the address contained in this Tender.
Page 2 of 7 pages
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ITEMIZED BID
CONTRACT NO. CL2005-47
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2005-47 for the following unit prices.
Spec. No.
SP
(P)
RMDSS
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
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Item No. Spec No. Description Unit Quantity Unit Price Total
PART 'A': W ATERMAIN AND APPURTENANCES
3.01 RMDSS Pipe (Not Including Restoration)
SP
3.01.06 400 mm Dia. CPP m 207 535.00 110,745.00
3.01.30 Field Closure at Toronto Street LS 11,400.00
3.01.31 Field Closure at Clarke Street LS 7,000.00
3.02 RMDSS Extra Over Item No. 3.01
SP
3.02.01 Trench Restoration - Roadway m2 260 45.00 11,700.00
3.02.03 Trench Restoration
a) Topsoil and Sod 2 300 10.00 3,000.00
m
b) Topsoil and Seed m2 1,200 4.00 4,800.00
3.02.14 Stone for Extra Depth Bedding m3 40 34.00 1,360.00
(H.L.-8 Blend Clear Crushed
Stone)
3.02.20 a) Bore and Jack Casing as Per m 48 1,575.00 75,600.00
S-4l5
b) Provisional Item: LS 4,800.00
Grout Between CPP Pipe and
Steel Liner
3.02.40 Jacking Pit LS 5,000.00
3.02.41 Receiving Pit LS 5,000.00
3.03 RMDSS Valves
SP
3.03.05 400 mm Dia. Butterfly Valve and ea 2 4,100.00 8,200.00
Box as Per S-444
3.04 RMDSS Hydrants
SP
3.04.03 Temporary Flushing Hydrant ea 1 2,650.00 2,650.00
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Page 3 of 7 pages
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ITEMIZED BID
CONTRACT NO. CL2005-47
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In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2005-47 for the following unit prices.
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Spec. No.
SP
(P)
RMDSS
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
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Item No. Spec No. Description Unit Quantity Unit Price Total
3.05 RMDSS Services Including Restoration
SP
3.05.01 19 mm Main Stop ea 2 333.00 666.00
3.05.06 19 mm Curb Stop ea 2 120.00 240.00
3.05.11 19 mm Dia. Copper Pipe m 35 85.00 2,975.00
3.05.30 Provisional Item: LS 1,440.00
Connection for House No. 43,
Toronto Street
3.06 RMDSS Test Points
SP
3.06.01 19 mm Dia. Test Point as Per S-429 ea I 1,000.00 1,000.00
3.4 RMDSS Miscellaneous
SP
3.40.02 Excavate for Utility Verification ea 4 240.00 960.00
3.40.03 201 Provisional Item LS 1,800.00
SP Clearing and Grubbing
Total Part 'A' (Carried to Summary) 260,336.00
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PART 'B': GENERAL ITEMS
8.01 RMDSS Contract Administrators Field
SP Office
8.01.01 Supply and Maintain Field Office LS 1,800.00
8.02 RMDSS Contractor Documentation
SP
8.02.01 Bonds, Insurance and Maintenance LS 5,665.00
Security
8.03 RMDSS Mobilization and Traffic Control
SP
8.03.01 Mobilization and Demobilization LS 5,220.00
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ITEMIZED BID
CONTRACT NO. CL2005-47
. In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
.. Contract No. CL2005-47 for the following unit prices.
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Spec. No.
SP
(P)
RMDSS
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
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Item No. Spec No. Description Unit Quantity Unit Price Total
8.05 RMDSS Survey and Monitoring
SP
8.05.01 Pre-Condition Survey LS 2,640.00
Total Part 'B' (Carried to Summary) 15,325.00
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SUMMARY -
Total Part' A' - Watermain and Appurtenances 260,336.00
Total Part 'B' - General Items 15,325.00
Total (excluding GST) 275,661.00
GST (7% of Total) 19,296.27
TOTAL TENDER AMOUNT 294,957.27
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Tenderer's GST Registration No. 101038214
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AGREEMENT TO BOND (to be completed bv Bondin!! Company)
CONTRACT NO. CL2005-47
Bond No.: SSG83l486l-20
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
Cobourg Development Services Limited
in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a
Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender
amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the
works shown or described herein, if the Tender for Contract No.CL2005-47 is accepted by the Authority.
IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application
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TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void.
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DATED AT Toronto
16th
2005
this
day of December
The Dominion of Canada General Insurance Company
Name of Bonding Company
Stephanie Longinov
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
Attorney-in-Fact
Position
(This Form shall be completed and attached to the Tender Submitted).
Page 6 of 7 pages
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1.
SCHEDULE OF TENDER DATA
CONTRACT NO. CL2005-47
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A.
TENDER FORM: General
Itemized Bid
Agreement to Bond
Schedule of Tender Data
STANDARD TERMS AND CONDITIONS
INSTRUCTIONS TO TENDERERS
SPECIAL PROVISIONS - GENERAL
SPECIAL PROVISIONS - TENDER ITEMS
STANDARDS
PLANS: Drawings No. 01 and 02
STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Region of Durham Standard
Specifications revised March 2004.
Pages 1 and 2
Pages 3 to 5
Page 6
Page 7
B.
C.
D.
E.
F.
G.
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Pages I to 5
Pages 1 to 13
Pages 1 to 8
OPSS No. Date OPSS Date OPSS No. Date
No.
127 Current 314 Dec. 1993 510 April 2003
128 Current 353 Sept. 1996 570 AUJ?;. 1990
206 Nov. 2000 501 Feb. 1996 571 Nov. 2001
310 Nov. 2002 506 Nov. 2001 572 Nov. 2003
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GEOTECHNICAL INVESTIGATION (Borehole Logs)
GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes
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No
By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and
Specifications, for Contract No. CL2005-47, executed by me/us bearing date the ~ day of December
and we have fully read all related documents to tender data as listed above.
SIGNATURE: J~ POSITION
NAME OF FIRM c20urg Development Services Ltd.
2005
President
(COMPANY SEAL)
Privacy Le2is1ation
Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to
the owner that we have obtained the CONSENT of any and all employees whose personal information we have supplied to
the owner in this tender. This personal information, which includes, but is not limited to, the employees' names,
education, work and project history, professional designations and qualifications. This CONSENT permits the owner to
disclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the event that
the tender is successful, this personal information may also be used in project administration, for contact purposes.
This is Page 7 of 7 Pages to be submitted as the Tender Submission for Contract No. CL2005-47.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-47
ST ANDARD TERMS AND CONDITIONS
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STANDARD TERMS AND CONDITIONS
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The Municipality of Cia ring ton's "Standard Terms and Conditions" shaH apply to this Contract except
where noted below.
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Clause 8 of the "Standard Terms and conditions" shaH be superceded by Clause 7, "Payments"
of the "Special Provisions - General" Section of the Contract.
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Clause 15 of the "Standard Terms and conditions" shaH be superceded by Clause 1, "Guaranteed
Maintenance" of the "Special Provisions - General" Section of the Contract.
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Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract.
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Clause 23 of the "Standard Terms and Conditions" shaH be superceded by Clause 6.03.02 ofthe
OPS General Conditions of Contract (September 1999) which requires a $5,000,000.00 liability
coverage.
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Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 18,
"Workplace Hazardous Materials Information System (WHMIS)".
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STANDARD TERMS AND CONDITIONS
1.
DEFINITIONS
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Municipality - The Corporation of the Municipality ofClarington, its successors and assigns.
Bidder - The person, firm or corporation submitting a bid to the Municipality.
Company - The person, contractor, firm or corporation to whom the Municipality has awarded the
contract, it successors and assigns.
Contract - The purchase order authorizing the company to perform the work, purchase order
alterations, the document and addenda, the bid, and surety.
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Subcontractor - A person, firm or corporation having a contract with the company for, or any part
of, the work.
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Bid - An offer by a Bidder in response to the document issued by the Municipality.
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Document - The document(s) issued by the Municipality in response to which bids are invited to
perform the work in accordance with the specifications contained in the document.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be
done, furnished or performed by the company, which are subject to the Contract.
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2.
SUBMISSION OF BID
Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-
129 and will apply for the calling, receiving, and opening of bids. The Municipality will be
responsible for evaluating bids, awarding and administering the contract in accordance with the
Purchasing By-law.
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The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier
envelopes or other coverings.
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The bid must be signed by a designated signing officer of the Bidder.
If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
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The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-
writing must be initialed by the Bidder's authorized signing officer.
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The bid must not be restricted by a covering letter, a statement added, or by alterations to the
document unless otherwise provided herein.
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Failure to return the document or invitation may result in the removal of the Bidder from the
Municipality's bidder's list.
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A bid received after the closing date and time will not be considered and will be returned, unopened.
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Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
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ST ANDARD TERMS AND CONDITIONS (continued)
3.
CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are named above,
notwithstanding the chronological order in which they are issued or executed.
The intent of the contract is that the Company shall supply work which is fit and suitable for the
Municipality's intended use and complete for a particular purpose.
None of the conditions contained in the Bidder's standard or general conditions of sale shall be of
any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase
order.
4.
CLARIFICA nON OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shall be
requested through the Municipality's contact identified in the document. Any such clarification so
given shall not in any way alter the document and in no case shall oral arrangements be considered.
Every notice, advice or other communication pertaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5.
PROOF OF ABILITY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date.
6.
DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by
the Company as soon as possible and in any event within the period set out herein as the guaranteed
period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars
of the delivery ticket or piece tally thereof.
Work shall be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shall be as specified in
the contract.
Time shall be of the essence of the contract.
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STANDARD TERMS AND CONDITIONS (continued)
7. PRICING
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Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract.
Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to
the full requirements of the bid. No claims for extra work will be entertained and any additional
work must be authorized in writing prior to commencement. Should the Company require more
information or clarification on any point, it must be obtained prior to the submission of the bid.
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Payment shall be full compensation for all costs related to the work, including operating and
overhead costs to provide work to the satisfaction of the Municipality.
All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other
charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax
shall be extra and not shown, unless otherwise specified herein.
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If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall
arrange its shipping procedures so that its agent or representative in Canada is the importer of record
for customs purposes.
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Should any additional tax, duty or any variation in any tax or duty be imposed by the Government
of Canada or the Province of Ontario become directly applicable to work specified in this document
subsequent to its submission by the Bidder and before the delivery of the work covered thereby
pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price
of work shall be made to compensate for such changes as of the effective date thereof.
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8. TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work.
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Payments made hereunder, including final payment shall not relieve the company from its
obligations or liabilities under the contract.
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Acceptance by the company of the final payment shall constitute a waiver of claims by the company
against the Municipality, except those previously made in writing in accordance with the contract
and still unsettled.
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The Municipality shall have the right to withhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the work, pending
correction of it.
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Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract
requirements being completed and work being deemed satisfactory.
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9.
PATENTS AND COPYRIGHTS
The company shall, at its expense, defend all claims, actions or proceedings against the Municipality
based on any allegations that the work or any part of the work constitutes an infringement of any
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STANDARD TERMS AND CONDITIONS (continued)
9.
PATENTS AND COPYRIGHTS - continued
patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages,
charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned
to the Municipality by reason thereof.
The company shall pay all royalties and patent license fees required for the work.
If the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forthwith either secure for the Municipality the right to continue using the work or
shall at the company's expense, replace the infringing work with non-infringing work or modify it so
that the work no longer infringes.
10.
ALTERNATES
Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be
final. Any bid proposing an alternate will not be considered unless otherwise specified herein.
II.
EQUIVALENCY
Any opinion determined by the Municipality with respect to equivalency shall be final.
12.
ASSIGNMENT AND SUBCONTRACTING
The company shall not assign or subcontract the contract or any portion thereof without the prior
written consent of the Municipality.
13.
FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to request of the Company to furnish reasonable evidence that financial
arrangements have been made to fulfill the Municipality's obligations under the Contract.
14.
LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and its performance. The company shall be responsible for ensuring
similar compliance by suppliers and subcontractors.
The contract shall be governed by and interpreted in accordance with the laws of the Province of
Ontario.
15.
CORRECTION OF DEFECTS
I f at any time prior to one year after the actual delivery date or completion of the work (or
specified warranty/guarantee period iflonger than one year) any part of the work becomes defective
or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet
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STANDARD TERMS AND CONDITIONS (continued)
15. CORRECTION OF DEFECTS - continued
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the requirements of the contract, the company, upon request, shall make good every such defect,
deficiency or failure without cost to the Municipality. The company shall pay all transportation
costs for work both ways between the company's factory or repair depot and the point of use.
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16. BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and
omissions, if in so doing, the best interests of the Municipality will be served. No liability shall
accrue to the Municipality for its decision in this regard.
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Bids shall be irrevocable for 90 days after the official closing time.
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The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of
award to a bidder by the Municipality shall constitute notice of acceptance of contract by the
Municipality to the extent described in the notice of award.
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DEFAULT BY COMPANY
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17.
a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of
its insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of its creditors; then, in any such case, the Municipality may,
without notice: terminate the contract.
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b.
If the company: fails to comply with any request, instruction or order of the Municipality;
or fails to pay its accounts; or fails to comply with or persistently disregard statutes,
regulations, by-laws or directives of relevant authorities relating to the work; or fails to
prosecute the work with skill and diligence; or assigns or sublets the contract or any portion
thereof without the Municipality's prior written consent; or refuses to correct defective
work; or is otherwise in default in carrying out its part of any of the terms, conditions and
obligations of the contract, then, in any such case, the Municipality may, upon expiration of
ten days from the date of written notice to the company, terminate the contract.
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c.
Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice
to any other rights or remedies the Municipality may have and without incurring any
liability whatsoever in respect thereto.
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d.
If the Municipality terminates the contract, it is entitled to:
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i) take possession of all work in progress, materials and construction equipment then
at the project site (at no additional charge for the retention or use of the construction
equipment), and finish the work by whatever means the Municipality may deem
appropriate under the circumstances;
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ii) withhold any further payments to the company until the completion of the work and
the expiry of all obligations under the Correction of Defects section;
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ST ANDARD TERMS AND CONDITIONS (continued)
17.
DEF AUL T BY COMPANY - continued
iii) recover from the company loss, damage and expense incurred by the Municipality
by reason of the company's default (which may be deducted from any monies due or
becoming due to the company, any balance to be paid by the company to the
Municipality).
18.
CONTRACT CANCELLATION
The Municipality shall have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation,
the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable
to the Company for loss of anticipated profit on the cancelled portion or portions of the work.
19.
QUANTITIES
Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be
accurate, are furnished without any liability on behalf of the Municipality and shall be used as a
basis for comparison only.
Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
SAMPLES
Upon request, samples must be submitted strictly in accordance with instructions. If samples are
requested subsequent to opening of bids, they shall be delivered within three (3) working days
following such request, unless additional time is granted. Samples must be submitted free of charge
and will be returned at the bidder's expense, upon request, provided they have not been destroyed by
tests, or are not required for comparison purposes.
The acceptance of samples by the Municipality shall be at its sole discretion and any such
acceptance shall in no way be construed to imply relief of the company from its obligations under
the contract.
Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
SURETY
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to
satisfY surety requirements by providing a deposit in the form of a certified cheque, bank draft or
money order or other form of surety, in an amount determined by the Municipality. This surety may
be held by the Municipality until 60 days after the day on which all work covered by the contract
has been completed and accepted. The surety may be returned before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in carrying
out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB -
Workplace Safety Insurance Board has been received.
The company shall, if the Municipality in its absolute discretion so desires, be required to
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STANDARD TERMS AND CONDITIONS (continued)
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21. SURETY - continued
satisfY fidelity bonding requirements by providing such bonding in an amount and form determined
by the Municipality.
Failure to furnish required surety within two weeks from date of request thereof by the Municipality
shall make the award of the Contract by the Municipality subject to withdrawal.
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22.
WORKPLACE SAFETY AND INSURANCE BOARD
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All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety
and Insurance Act, 1997, or must provide an identification number from the WSIB verifYing their
status as an "Independent Operator". Upon request by the Municipality, an original Letter of Good
Standing from the Workplace Safety and Insurance Board shall be provided prior to the
commencement of work indicating all payments by the Company to the board have been made.
Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the
Company to the Board in conjunction with the subject Contract have been made and that the
Municipality will not be liable to the Board for future payments in connection with the Company's
fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be
provided upon request.
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For Independent contractors / Owners / Operators who do not have WSIB coverage, the following
shall be provided upon request by the Calling Agency:
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Single Independent Contractors / Owners / Operators shall provide a letter from the
Workplace Safety & Insurance Board confirming independent operator status and
identification number. To obtain this, contractors must complete the form "Determining
worker/Independent Operator status", issued by the Workplace Safety & Insurance Board.
(For more information, please contact your local Workplace Safety & Insurance Board
Office and refer to this clause.)
Single Independent Contractors / Owners / Operators must also provide a certificate from
the Workplace Safety & Insurance Board confirming they have purchased the optional
WSIB coverage.
The Municipality of Clarington has the right to reject any bid it deems to provide
insufficient coverage.
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INSURANCE
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23.
The company shall maintain and pay for Comprehensive General Liability insurance including
premises and all operations. This insurance coverage shall be subject to limits of not less than
$3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such
other coverage or amount as may be requested.
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The policy shall include the Municipality as an additional insured in respect of all operations
performed by or on behalf of the Company. A certified copy of such policy or certificate shall be
provided to the municipality prior to commencement of the work. Further certified copies shall be
provided upon request.
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24.
LIABILITY
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The company agrees to defend, fully indemnifY and save harmless the Municipality from all actions,
suits, claims, demands, losses, costs, charges and expenses whatsoever for all
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STANDARD TERMS AND CONDITIONS (continued)
24.
LIABILITY - continued
damage or injury including death to any person and all damage to any property which may arise
directly or indirectly by reason of a requirement of the contract, save and except for damage caused
by the negligence of the Municipality or its employees.
The Company agrees to defend, fully indemnify and save harmless the Municipality from any and
all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the
Municipality or any of its employees shall be made a party to any charge under the Occupational
Health and Safety Act in relation to any violation of the Act arising out of this contract.
25.
VISITING THE SITE
The Company shall carefully examine the site and existing building and services affecting the
proper execution of the work, and obtain a clear and comprehensive knowledge of the existing
conditions. No claim for extra payment will be allowed for work or difficulties encountered due to
conditions of the site which were visible or reasonably inferable, prior to the date of submission of
Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect.
26.
SAFETY
The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations,
Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract
or to the Employees of the Company.
Without limiting the generality of the foregoing, the Company shall satisfy all statutory
requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder,
on a contractor, a Constructor and/or
Employer with respect to or arising out of the performance of the Company's obligations under this
Contract.
The Company shall be aware of and conform to all governing regulations including those
established by the Municipality relating to employee health and safety. The Company shall keep
employees and subcontractors informed of such regulations.
The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any
supplied Hazardous Materials.
27.
UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts
relating to the work. The Municipality shall have the right at any time to require satisfactory
evidence that the work in respect of which any payment has been made or is to be made by the
Municipality is free and clear of liens, attachments, claims, demands, charges or other
encumbrances.
28.
SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend performance by the company
from time to time of any part or all of the work for such reasonable period of time
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ST ANDARD TERMS AND CONDITIONS (continued)
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28. SUSPENSION OF WORK - continued
as the Municipality may determine.
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The resumption and completion of work after the suspension shall be governed by the schedule
established by the Municipality.
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29.
CHANGES IN THE WORK
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The Municipality may, without invalidating the contract, direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or decrease,
or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
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30.
CONFLICT OF INTEREST
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No employee or member of Council of the Municipality shall sell goods or services to the
Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect
interest in a Company or own a Company which sells goods or services to the Municipality.
31.
MUNICIPAL FREEDOM OF INFORMA nON AND PROTECTION OF PRIVACY ACT
(MFIPP A)
All correspondence, documentation, and information provided to staff of the Municipality of
Clarington by every offerer, including the submission of proposals, shall become the property of the
Municipality, and as such, is subject to the Municipal Freedom ofInformation and Protection of
Privacy Act, and may be subject to release pursuant to the Act.
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Offerers are reminded to identify in their proposal material any specific scientific, technical,
commercial, proprietary, or similar confidential information, the disclosure of which could cause
them injury. Complete proposals are not to be identified as confidential.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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CONTRACT NO. CL2005-47
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INSTRUCTIONS TO TENDERERS
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PI I 0948/Specs/2I 259-IT.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-47
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CLAUSE
SUBJECT
PAGE
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I. GENERAL... . ... ....... ............. . .... . .. ... ............ ....... .............. ... ... ... . . .......... ..... . . ... .......... . . . .. I
2. BLANK FORM OF TENDER. ................................... .............. .... ...... ........... ........... ......... ... 1
3. TENDER DEPOSITS ................. ....... ........... .......... ......... ........ ..... ...................... ............... I
4. BONDS........................................................................................................................ 2
5. RIGHT TO ACCEPT OR REJECT TENDERS.......................................................................... 2
6. UNACCEPTABLE TENDERS ................ ..... ....... ....... ........... ... ........ ........... ..... ....... ..... ... .....2
7. ABILITY AND EXPERIENCE OF TENDERER....................................................................... 2
8. PROVINCIAL SALES TAX................................................................................................ 2
9. GOODS AND SERVICES TAX (GST) .................................................................................. 3
10. EXECUTE CONTRACT DOCUMENTS................................................................................. 3
11. COMMENCEMENT OF WORK .......................................................................................... 3
12 . LOCATION. . ...... . ................... .......... ................................ . .. ... .. ... ... . .., .. .. .... . . .. . . . . . .. . . . .. . .. 3
13. SOILS INFORMATION AND CROSS-SECTIONS.................................................................... 3
14. TENDERERS TO INVESTIGATE ........................................................................................4
15. INQUIRIES DURING TENDERING..................................................................................... 4
16. A WARD OF THE CONTRACT........................................................................................... 4
17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR .............4
18. ADDENDA.. . ... .. ..... .......... . . . ... ....... . . . ............. .... ... ..... . . . . .... ..... .. .... ... ... .. . .. . . . .. . . ... . . .. .. . .. . .. 4
19. UTILITIES... . .. ... ..... .... .......... .... ..... ... . .. .. . . .. .. ... . . . .. . .. ....... . . . . . .. . .. . . ... ..... .. .. . ...... . .... . . . . . ... . .. 5
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-47
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2005-47 " will be received until:
2:00:00 P.M., LOCAL TIME, FRIDAY, DECEMBER 16,2005
and shall be addressed to:
Ms. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LtC 3A6
2.
BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested
shall be shown in the tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
Total Tender Amount Minimum Deposit
Required
$ 20,000.00 or less $1,000.00
20,000.01 to 50,000.00 2,000.00
50,000.01 to 100,000.00 5,000.00
100,000.0 I to 250,000.00 10,000.00
250,000.01 to 500,000.00 25,000.00
500,000.01 to 1,000,000.00 50,000.00
1,000,000.0 I to 2,000,000.00 100,000.00
2,000,000.01 and over 200,000.00
All deposits will be returned within ten days after the Tenders have been opened except those
which the Authority elects to retain until the successful tenderer has executed the Contract
Documents.
The retained tender deposits will be returned when the successful Tenderer has fully complied
with the conditions outlined in the Contract Documents.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-47
2.
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4.
BONDS
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The Contractor is required to provide a Performance Bond, and a Labour and Material Payment
Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his
faithful performance of this Contract and his fulfillment of all obligations in respect of
maintenance and payment for labour and materials used on this work.
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Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
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An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
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5.
RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender should it be
deemed to be in its best interest to do so.
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Tenders which are incomplete, conditional or obscure, or which contain additions not called for,
erasures, alterations, or irregularities of any kind, may be rejected as informal.
Tenders will not be accepted unless submitted in the envelopes provided.
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6.
UNACCEPTABLE TENDERS
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Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be considered to be
unbalanced, then it will be rejected by the Authority.
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7.
ABILITY AND EXPERIENCE OF TENDERER
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The Authority reserves the right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete the work in the specified
time, is not furnished by the Tenderer.
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8.
PROVINCIAL SALES TAX
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Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-47
3.
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9.
GOODS AND SERVICES TAX (GST)
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The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services
Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in
addition to the amount certified for payment and will therefore not affect the Contract unit prices.
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10.
EXECUTE CONTRACT DOCUMENTS
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Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent of the successful Tenderer.
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The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within 10 calendar days of receipt of notification of Acceptance of Tender.
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Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract to
one of the other Tenderers or take such other action as it chooses.
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11.
COMMENCEMENT OF WORK
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The successful Tenderer shall commence work at the site within 7 calendar days of the official
commencement date as specified in the written order issued in accordance with GC7.0 1.02 of the
General Conditions.
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12.
LOCATION
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The work is located on Amos Street (partially open) from Toronto Street to Clarke Street,
Newcastle, Municipality of Clarington.
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13.
SOILS INFORMATION AND CROSS-SECTIONS
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A geotechnical investigation has been undertaken on behalf of the Authority. The results
provided are for information only and are not guaranteed by the Authority. A copy of the
Geotechnical Report is included with the Tender Documents as listed in the "Schedule of Tender
Data".
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Design cross-sections may also be viewed for information purposes at TSH Cobourg.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-47
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14.
TENDERERS TO INVESTIGATE
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Tenderers must satisfY themselves by personal examination of the site and by such other means as
they may prefer as to the actual conditions and requirements of the work.
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The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
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It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works,
determine the location of any buried or obstructing services and make satisfactory arrangements
for interference with such service with the proper jurisdictional agency.
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15.
INQUIRIES DURING TENDERING
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The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications,
shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2121, attention: Will
McCrae, P. Eng. or Troy MacArthur, C.E.T.
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16.
A WARD OF THE CONTRACT
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The award of this Contract is subject to the approval of the Regional Municipality of Durham.
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17.
DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT
ADMINISTRA TOR
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Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be
interpreted as meaning the "Corporation of the Municipality of Cia ring ton".
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Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington".
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Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may
be authorized by the Authority to act in any particular capacity.
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18.
ADDENDA
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The Contractor shall ensure that all addenda issued during the tendering period are attached as
part of the submitted bid. Failure to do so will result in disqualification of the bid.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2005-47
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19.
UTILITIES
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Plans illustrating proposals for the relocation of utilities are available for inspection at the office
of the Contract Administrator.
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For additional information regarding existing utilities the Contractor may contact the following
personnel:
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Ms. Kimberly McLellan
Bell Canada
Ms. Donna Naulls
Enbridge Consumers Gas
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Tel: 905-433-3061
Tel: 1-416-758-7938
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Ms. Cindy Ward
Roger Cable T.V. Ltd.
Mr. Peter Petriw, P. Eng.
Veridian Connections
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Tel: 905-436-4138
Tel: 905-427-9870,
Ext. 3252
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CORPORA TION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-47
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SPECIAL PROVISIONS - GENERAL
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2005-47
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CLAUSE
SUBJECT
PAGE
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1. GU ARANTEED MAINTENANCE ............................................................................ 1
2. CONTRACT TIME AND LIQUIDATED DAMAGES .....................................................1
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ................................. ............. ....2
4. OPS GENERAL CONDITIONS .......................... ...................... ............ ...... ....... .......2
5. LAYOUT BY CONTRACT ADMINISTRATOR............................................................2
6. RESTRICTIONS ON OPEN BURNING ......................................................................2
7. PAyMENTS....................................................................................................... 3
8. UTILITIES. . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . .. .. . . . . . . . . .. . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9. HAUL ROADS .......... ......... ......... ........... .... ..... ........................... .........................4
10. DUST CONTROL.. ...... .............. ................... ...................... .......... ...... ....... ...........4
11. TRAFFIC CONTROL, FLAGGING............................................................................4
12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ....... .......................... ........ ......4
13. MAINTENANCE OF TRAFFIC................................................................................5
14. EMERGENCY AND MAINTENANCE MEASURES ......................................................6
15. ENGINEERING FIELD OFFICE .......................... ... ..... .... ........ ......... ........ ... ....... ......6
16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL...........................................7
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES .........7
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ..................9
19. SPILLS REPORTING .... ....... ...... ............ ......... ... ................. ........ ..... ... ....... ..... ... ...9
20. PROTECTION OF WATER QUALITY .......................................................................9
21. TRAFFIC AND STREET SIGNS ............ .......... .......... .... ...... ....... ...... ...... ............ .... 10
22. GARBAGE COLLECTION.. ................... ........ ... ........ ....... ......... ................... ..... .... 10
23. ASPHALT MIX DESIGNS......... .................. .... ..... ...................... .......................... 10
24. DELIVERY OF TEST SAMPLES ................. ..... ...... .................. ............. .............. ... 10
25. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES 11
26. CONFINED SPACE ENTRy.................................................................................. 11
27. ENTRY ONTO PRIVATE PROPERTy........ .......... ................................................... 11
28. STORAGE AREAS............................................................................................. 12
29. GENERAL LIABILITY INSURANCE...................................................................... 12
30. CONSTRUCTION LIEN ACT........ ........ ...... ............ .......... .................................... 12
31. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR.. .. ..... . ..... ... ...... .............. .. ...... . . .... ..... . . . ....... . . . . . . .. . . . . . ... . . .. .. . . . . .. .. 13
SCHEDULE (C) CONTRACTOR SAFETY - POLICY AND PROCEDURE
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-47
1.
GUARANTEED MAINTENANCE
Section GC7 .15.02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be final as to the necessity for
repairs or for any work to be done under this Section.
2.
CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this Contract.
For purposes of this Contract, GC 1.04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defined in Clause
GC 1.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GCl.06 of the
General Conditions on or before June 2, 2006.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift basis,
it is expected that additional and/or augmented daylight shifts will be required throughout the
life of the contract to the extent deemed necessary by the Contractor to insure that the work will
be completed within the contract time specified. Any additional costs occasioned by
compliance with these provisions will be considered to be included in the prices bid for the
various items of work and no additional compensation will be allowed therefore.
(3) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract is
not completed by the date specified, or as extended in accordance with Section GC3.07 of the
General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be
impracticable and extremely difficult to ascertain and determine the actual loss or damage
which the Authority will suffer in the event of and by reason of such delay, the parties hereto
agree that the Contractor will pay to the Authority the sum of One Thousand Dollars
($1,000.00) as liquidated damages for each and every calendar day's delay in achieving
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-47
2.
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completion of the work beyond the date prescribed. It is agreed that this amount is an estimate
of the actual loss or damage to the Authority which will accrue during the period in excess of
the prescribed date for completion.
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The Authority may deduct any amount under this paragraph from any moneys that may be due
or payable to the Contractor on any account whatsoever. The liquidated damages payable under
this paragraph are in addition to and without prejudice to any other remedy, action or other
alternative that may be available to the Authority.
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.01.09 is defined as an employee of the Contractor.
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4. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
5. LA YOUT BY CONTRACT ADMINISTRATOR
Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the
addition of the following:
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The Contract Administrator shall lay out and establish the primary alignment and grade controls
necessary for construction. The Contractor shall provide the Contract Administrator with sufficient
advance notice of his requirements to permit appropriate scheduling of the layout work.
The layout performed by the Contract Administrator shall be sufficient to permit construction of the
work by the Contractor in compliance with the Contract Documents, but shall not relieve the
Contractor of his responsibility for the provision of qualified personnel and normal tools of the
trade, as necessary for the transfer or setting of the secondary lines and grades from the primary
controls provided. Tools of the trade are interpreted to include but not necessarily be limited to
hand and line levels, boning rods, tape measures, lasers, etc.
6. RESTRICTIONS ON OPEN BURNING
Open fires will not be permitted within the limits of this Contract. Brush and debris may as an
alternative to burning, be disposed of outside the Contract Limits and in compliance with the
requirements specified elsewhere for Management and Disposal of Excess Material.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-47
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7.
PAYMENTS
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Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the General Conditions.
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Notwithstanding the provisions of the General Conditions respecting certification and payment, the
Authority may withhold 2-1/2 percent of the total value of work performed beyond the expiration of
46 days from the date of publication of the Certificate of Substantial Performance, to enable the
Contract Administrator to produce the final detailed statement of the value of all work done and
material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%,
the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise
the Certificate of Substantial Performance per GC8.02.03.04(03).
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The Completion Payment Certificate to include statutory holdback release, will be issued within 120
days after the date for completion as specified under GC 1.06. The date for interest due to late
payment shall commence following 180 days after the date of completion of the work.
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As a condition of the final holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
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The Contractor shall include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial Performance or not.
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The Contractor is advised that the Authority may withhold payment on Interim and Holdback
Release Certificates up to 30 calendar days from the date of receipt of the executed Payment
Certificates.
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8.
UTILITIES
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Sections GC2.0 1 and GC7 .12 02) of the General Conditions are deleted in their entirety and are
replaced by the following:
The Contractor shall be responsible for the protection of all utilities at the job site during the time of
construction.
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The Authority will be responsible for the relocation of utilities where required. However, no claims
will be considered which are based on delays or inconvenience resulting from the relocation not
being completed before the start of this Contract.
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The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact the
appropriate agencies for further information in regard to the exact location of all utilities, to exercise
the necessary care in construction operations and to take such other precautions as are necessary to
safeguard the utilities from damage.
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SPECIAL PRQVISIONS - GENERAL
CONTRACT NO. CL2005-47
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9. HAUL ROADS
When so required by the Contract Administrator, payment for maintenance and restoration of haul
roads will be made for the materials provided and the work performed as specified, at tender prices,
or at negotiated prices.
As a part ofthe work required under Section GC7.06 of the General Conditions, the Contractor shall
take such steps as may be required to prevent dust nuisance resulting from his operations either
within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to
maintain a roadway through the work.
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10. DUST CONTROL
Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and
grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust,
wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area
where the work is being carried out.
The cost of all such preventative measures shall be borne by the Contractor except however where
water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the
Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and
calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels,
shall be paid for by the Authority at the contract prices for Application of Water or Application of
Calcium Chloride.
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11. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in
OTM Book 7 (Ontario Traffic Manual).
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Each flagman shall, while controlling traffic, wear the following:
(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat.
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12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the
supply, erection, maintenance and subsequent removal of all temporary traffic controls, including
signs, lights, barricades, delineators, cones, etc., required on the work.
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Traffic controls shall be provided in general accordance with the latest edition of the "OTM
Book 7". As a minimum requirement and without restricting the Contract Administrator or the
Authority in requiring further controls, the following signs shall be supplied:
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-47
5.
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Sign Number Sign Message Number Required
TC-1 CONSTRUCTION 6
TC-7, TC-7t, TC-8t ROAD CLOSED, LOCAL TRAFFIC ONLY 2
TC-41 A CONSTRUCTION ZONE BEGINS 6
TC-41 B CONSTRUCTION ZONE ENDS 6
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Traffic controls shall be operational before work affecting traffic begins.
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13.
MAINTENANCE OF TRAFFIC
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Amos Street shall be kept open to local traffic with the condition that the intersection with Toronto
Street remain open to traffic. As work progresses, the roadway shall be re-opened to vehicular traffic
when completed to Granular' A' grade. Clarke Street shall remain open to traffic at all times.
Toronto Street may be reduced to one lane when making the connection to the existing main.
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Pedestrian traffic shall be maintained at all times.
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It is the responsibility of the Contractor to visit the site to become familiar with existing traffic
volumes and patterns. No specific AADT (Average Annual Daily Traffic) is available at this time.
However, the Contractor shall take into consideration all traffic into and out ofthe job site area as
will occur during regular working hours.
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No claims for delays due to traffic will be considered for compensation.
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It is the intention of the Contract that every reasonable effort shall be made to provide vehicular
access to homes and other properties within the limits of each phase at the end of each working day.
It is understood that implementation of traffic controls will require ongoing review and adjustment to
suit construction operations.
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No deviation from the above procedure will be allowed except with the approval of the Engineer.
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Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within
the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles
may have immediate access to any building located within the limits of this Contract. The Contractor
shall be responsible for all signing at the contract limits and within the contract limits. The
Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's
responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least
24 hours in advance of such closures and to notify these same authorities when such closures are no
longer in effect.
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It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of
one week in advance of such closure. The newspaper advertisement shall indicate the date of closing
of the roadway and the length of time for which the road will be closed. This advertising is in
addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-47
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The Contractor shall be responsible for all detour signing outside the contract limits.
14. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract Administrator
in case emergency or maintenance measures are required regardless whether the emergency or
requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause
whatsoever.
It shall be the responsibility of the Contractor to ensure that erosion and sedimentation control
measures within the limits of the Contract are in place and fully operational to the satisfaction of the
Contract Administrator, should the onset of severe inclement weather be forecast.
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Should the Contractor be unable to carry out immediate remedial measures required, the Authority
will carry out the necessary repairs, the costs for which shall be charged to the Contractor.
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15. ENGINEERING FIELD OFFICE
The Contractor, shall, at no additional expense to the Authority, supply an office for the exclusive
use of the Contract Administrator. This office shall be located as directed by the Engineer, but in no
case shall be more than one kilometer from the Contract limit.
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The Contract Administrator's office shall have a minimum of 17 m2 of floor area, with a clear
ceiling height of not less than 2.3 m, weatherproof, insulated walls and roof and a tight wooden
floor raised at least 0.3 m clear of the ground. The office shall be fitted with a minimum of two
glazed windows, both of which can be opened and are fitted with screens. The door shall have a
reliable lock, all keys for which shall be in the care of the Contract Administrator. The Contractor
shall supply electric light, heat when required, and an air conditioner of 8,000 BTU minimum when
required, to the Contract Administrator's satisfaction and shall furnish the office with a minimum of
one desk with drawers, one drafting table, five chairs, two drafting stools, one filing cabinet, a waste
paper basket and a broom.
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Where the Contractor elects to supply a combination office for the use of the Contract Administrator
and his own staff, the minimum requirements for the Contract Administrator's accommodation as
outlined shall be met. In addition, separate outside access for each office shall be provided and the
Contract Administrator's office shall be partitioned offfrom that of the Contractor, on the inside.
Any inside connecting door between the two offices shall be fitted with a lock or closer on the
Contract Administrator's side.
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Where the field office is situated remote from a built-up area and where alternate toilet facilities are
not available, the Contractor shall also supply an acceptable chemical or equivalent dry toilet, in a
location convenient to the Contract Administrator's office.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-47
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The field office and other facilities shall be provided at the site within 14 days of the Date of
Notification to Commence Work or on the date of the Contractor's actual commencement of work,
whichever date occurs first, and shall remain at the site, if the Contract Administrator so requires,
for a period of up to two months after the completed work is accepted by the Authority.
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With the office the Contractor shall provide fax facilities for the use of the Contract Administrator.
The fax machine shall be capable of handling letter and legal size documents. For the purposes of
this tender, the Contractor shall allow a monthly cost of $1 00.00 for fax use.
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16.
MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
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The requirements of OPSS 180 shall apply to this Contract, revised as follows:
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Section 180.03, Definitions, shall be amended by the addition of the following:
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Work area: means the road allowance, right-of-way, and property with a boundary common to
the road allowance or right-of-way within the Contract limits.
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.2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
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Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding.
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The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800,
OPSF 1801, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of
excess material.
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17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES
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In accordance with the requirements of Section l8a(1) of the Occupational Health and Safety Act,
the Authority has determined that the designated substances as listed hereunder are present on the
site and within the limits of this Contract.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-47
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Designated Substance Identified on this Site Location
Acrylonitrile No
Arsenic No
Asbestos No
Benzene No
Coke Oven Emissions No
Ethylene Oxide No
Isocynates No
Lead No
Mercury No
Silica No
Vinyl Chloride No
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It is the responsibility of the Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy of this specification, where Designated Substances are identified
as being present at the site of the work.
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The Contractor shall comply with the governing Ministry of Labour Regulations respecting
protection of workers, removal, handling and disposition of the Designated Substances encountered
on this Contract.
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Prior to commencement of this work, the Contractor shall provide written notification to the
Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H lAB, of the
location(s) proposed for disposal of Designated Substances. A copy of the notification shall be
provided to the Contract Administrator a minimum of two weeks in advance of work starting.
In the event that the Ministry of the Environment has concerns with any proposed disposal location,
further notification shall be provided until the Ministry of the Environment's concerns have been
addressed.
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All costs associated with the removal and disposition of Designated Substances herein identified,
shall be deemed to be included in the appropriate tender items.
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Should a Designated Substance not herein identified be encountered in the work, then management
of such substance shall be treated as Extra Work.
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The requirements of Section GC4.03 of the General Conditions of the Contract shall apply.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-47
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18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
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Reporting
Section GC4.03.06 is deleted and replaced with the following:
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Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a
list of those products controlled under WHMIS which he expects to use on this Contract. Related
Material Safety Data Sheets shall accompany the submission. All containers used in the application
of products controlled under WHMIS shall be labeled.
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The Contractor shall notify the Contract Administrator of changes to the list in writing and provide
the relevant Material Safety Data Sheets.
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19. SPILLS REPORTING
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Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or
discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or
are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such
spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act
R.S.O. 1980.
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All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally
illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all
spills or discharges from this equipment that are a result of the Contractor's operations shall, unless
otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to
the Contract Administrator.
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This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills
or discharges.
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20.
PROTECTION OF WATER QUALITY
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At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
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No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain directly
into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the
watercourse. Where this measure is not sufficient or feasible to control sediment entering the
watercourses, sedimentation traps or geotextile coverage will be required.
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If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-47
10.
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No machinery shall enter the creek bed of any watercourse. Movement of construction equipment
in the vicinity of any creeks shall be limited to the minimum required for construction.
The Contractor shall not carry out equipment maintenance or refueling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
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21. TRAFFIC AND STREET SIGNS
The Contractor will be responsible for the removal and salvage of existing traffic and street signs,
and their delivery to the Authority's Works Department Yard, for re-erection by the Authority
following completion of the work.
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Scheduling for sign removal shall be as approved in advance by the Contract Administrator.
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Regulatory signs such as "Stop" and "Yield" must be maintained throughout.
22. GARBAGE COLLECTION
The Contractor will be responsible for ensuring that garbage collection, including recyclables, is
maintained and when necessary, the Contractor shall make arrangements directly with the collecting
agency, to permit and coordinate pick-up.
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23. ASPHALT MIX DESIGNS
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The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt
required for the work, or for having the necessary mix designs prepared by a certified laboratory.
The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract
Administrator for his approval and no work shall commence until the design mixes are approved.
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All costs associated with the provision of approved mix designs shall be borne by the Contractor.
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Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required
by this Contract.
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24. DELIVERY OF TEST SAMPLES
The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders
and asphalt samples to a designated testing laboratory.
F or this contract the designated testing laboratory is
TSH Cobourg
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CONTRACT NO. CL2005-47
11.
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25. PREP ARA TION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED
SPACES
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Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the
following:
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Detailed written procedures addressing the confined space requirements of the Occupational Health
and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall
be clearly posted at the project site and available to all personnel, including the Contractor's
workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors.
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The procedures must include the rescue procedures to be followed during a rescue or evacuation of
all personnel from an unsafe condition or in the event of personal injury.
The Contractor shall have personnel trained in rescue procedures readily available on site.
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26.
CONFINED SPACE ENTRY
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Without relieving the Contractor of his responsibilities under the Occupational Health and Safety
Act the Contractor shall be responsible for the supply of personal protective equipment for the use
of the Contract Administrator, in connection with confined space entry while the Contractor is
operating on site.
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The following equipment shall be made available on request:
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. Mechanical Ventilation Equipment
. Gloves
. Gas Detector (C95-80)
· Full body harness securely attached to a rope
. Rope
. Gas mask or dust, mist or fume respirator (optional)
. 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily
available to supply air for instant egress)
. 7 minute Escape Pack
. Explosion-proof temporary lighting
. Adequate clothing to ensure protection against abrasions and contamination.
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In addition the Contractor shall provide a competent person who shall inspect all safety equipment
prior to use to ensure that it is in good working order and appropriate for the task at hand.
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27.
ENTRY ONTO PRIV ATE PROPERTY
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The Contractor shall not enter private property or property which is to be acquired to construct the
works without the prior consent of the Contract Administrator. This requirement will be strictly
enforced.
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CONTRACT NO. CL2005-47 12.
Clause GC3.06.0l of the General Conditions of Contract is amended by the addition of the
following:
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28. STORAGE AREAS
The use of the road right-of-way as a long term storage area is not allowed under this Contract. The
storage of materials and movement of equipment will only be allowed for normally accepted
construction practices.
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The Regional Municipality of Durham shall also be named as an additional insured.
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29. GENERAL LIABILITY INSURANCE
30. CONSTRUCTION LIEN ACT
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The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential
lien claims coming to the knowledge of the Contractor or his agents.
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When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the
Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees
therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to
ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in
addition to any other remedy available to the Authority under the Contract Documents.
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Where any lien claimant asks from the Authority the production for inspection of the Contract
Documents or the state of the accounts between the Authority and the Contractor, the Contractor
shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as
compensation for the preparation of such accounting or for the preparation of the Contract, or both,
as the case may be, and the Contractor acknowledges that such administrative fee shall be properly
deductible, if the Authority should so choose, from monies otherwise payable to the Contractor
under the terms of the Contract Documents.
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Where an application is brought to a judge of a competent jurisdiction to compel production of any
particular document to a lien claimant, the Contractor further agrees to indemnify the Authority
from reasonable legal fees incurred in appearing on such an application and in addition agrees to
pay to the Authority its reasonable costs incurred in producing such documents to the extent that the
same is made necessary under the disposition of the matter by such judge, and the Contractor further
agrees that such reasonable costs and fees incurred by the Authority as stated herein may be
properly deductible from monies otherwise payable to the Contractor under the terms of the
Contract Documents.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2005-47
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31. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR
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Upon completion ofthe Contract, the Contractor shall provide the Authority with two (2) copies of
a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works stipulated
in the Contract:
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Date .......................
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To: Mr. A. S. Cannella, C.E.T.
40 Temperance Street
Bowmanville, Ontario
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Re: Contract No. CL2005-47
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Dear Sir:
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I hereby certify that
(Name of Contractor)
have fulfilled the terms of our agreement and have left my property in a satisfactory condition.
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I have accepted their final payment and release
(Name of Contractor)
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and the Corporation of the Municipality of Clarington from further obligations.
(Name of Municipality/Owner)
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Yours very truly,
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Signature
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Property Owner's Name....... ... ........ ..........Lot... ...Concession.... ......
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Municipality of ........................................
(Please complete above in printing)
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Final payment will not be released to the Contractor until all the applicable forms of release have
been signed by the property owners and received by the Authority.
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the measures and procedures prescribed by the Occupational Health and Safety
Act and the Regulations are carried out on the proiect;
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE
POLICY:
Contractors and Sub-contractors are responsible to ensure that their personnel are
updated on all safety concerns of the workplace and are aware of the safety
requirements as required by the Contractor under the Occupational Health and Safety
Act. Safety performance will be a consideration in the awarding of contract. Under the
Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's
responsibility to ensure that:
· every employer and every worker performing work on the proiect complies with
the Occupational Health and Safety Act and the Regulations (under the Act); and
the health and safety of workers on the proiect is protected.
Where so prescribed, a constructor shall, before commencing any work on a
project, give to a Director notice in writing of the project containing such
information as may be prescribed.
DEFINITIONS:
Contractor - any individual or firm engaged by the Municipality to do work on behalf of
the Municipality.
Project - means a construction project, whether public or private, including,
· the construction of a building, bridge, structure, industrial establishment, mining
plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway,
parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph,
telephone or electrical cable, pipe line, duct or well, or any combination thereof,
· the moving of a building or structure, and
· any work or undertaking, or any lands or appurtenances used in connection with
construction.
Construction - includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, trenching,
digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant,
and any work or undertaking in connection with a project.
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SCHEDULE(C
CONTRACTOR SAFETY
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POLICY AND PROCEDURE Continued...
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Constructor - means a person who undertakes a project for an owner and includes an
owner who undertakes all or part of a project by himself or by more than one employer.
Project Manager - means the municipal management representative who has
responsibility for a contract.
PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
a)
Before beginning a project, the project manager or delegate must determine
whether any designated substances/hazardous materials are (or will be) present
at the site and prepare a list of all these substances.
b)
The project manager or delegate must include, as part of the request for
tender/quotations, a copy of the above-mentioned list. The list of designated
substances/hazardous materials must be provided to all prospective constructors
and/or contractors.
c)
The request for tender/quotations will require prospective contractors to include a
list of the designated substances/hazardous materials that will be brought onto
the work site and material safety data sheets.
d)
Before awarding a contract, contractor(s) will be required to complete and sign
the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will
maintain all contractors safety performance records.
e)
As part of the tender/quotation conditions, before award of a contract, the
contractor will be required to provide proof that all workers involved with the
project have the proper WHMIS training, as required by the Occupational Health
and Safety Act.
f)
As part of the tender/quotation conditions, before award of a contract, the
contractor must provide details of their Health and Safety program.
g)
The project manager or delegate must provide the successful contractor with a
workplace orientation, which will include, but not limited to identifying known
potential hazards, hazardous material inventory and material safety data sheets
for the sites. A workplace orientation/Job Safety Instruction Checklist to be
completed (see Compliance page 9).
h)
Before the start of the assignment, the following documentation will be provided
to the successful contractor, by the project manager or delegate.
i)
ii)
iii)
Copies of the Municipal Corporate Health and Safety Program
Departmental health and safety policies
Workplace procedures regarding health and safety practices.
i) The contractor has the responsibility to provide any and all prescribed personal
protective equipment for their own workers, to include as a minimum but not
limited to hard hats and safety boots. If a worker(s) fails to comply with any
program, policy, rule or request regarding health and safety, that person(s) is not
allowed on the site until the person(s) complies.
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
j) The Municipality will retain the right to document contractors for all health and
safety warnings and/or to stop any contractors' work if any of the previously
mentioned items are not in compliance. Similarly, the Municipality will have the
right to issue warnings and/or to stop work if there are any violations by the
contractor of the Occupational Health and Safety Act, Municipal Health and
Safety programs, policies, rules, and/or if the contractor creates an unacceptable
health and safety hazard. Written warnings and/or stop work orders can be given
to contractors using Contractor Health and Safety Warning/Stop Work Order
Form (Schedule "B").
k) Where applicable, the Municipality will retain the right to allow municipal
employees to refuse to work in accordance with the established policy and the
Occupational Health and Safety Act, in any unsafe conditions.
I) The Purchasing Department will maintain current certificates of clearance until all
monies owing have been paid to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the
project manager or designate. This will include identification, evaluation and
control practices and procedures for hazards and follow-up and issuing of
Contractor Health and Safety Warning/Stop Work Orders.
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SCHEDULE (C)
CONTRACTOR SAFETY
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POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
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To Contractor(s):
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The Municipality of Clarington is committed to a healthy and safe working environment for all
workers. To ensure the Municipal workplace is a healthy and safe working environment,
contractors, constructors and subcontractors must have knowledge of and operate in
compliance with the Occupational Health and Safety Act and any other legislation pertaining to
employee health and safety.
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In order to evaluate your company's health and safety experience, please provide the
accident/incident and/or Workplace Safety and Insurance Board (WSIB) information noted
below, where applicable.
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The New Experimental Experience Rating (NEER)
- The WSIB experience rating system for non-construction rate groups
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The Council Amended Draft #7 (CAD-7) Rating
- The WSIB experience rating system for construction rate groups
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Injury frequency performance for the last two years
- This may be available from the contractor's trade association
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Has the contractor received any Ministry of Labour warnings or orders in the last two
years? (If the answer is yes, please include the infraction).
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Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
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(Bidders to include the letter confirming this status and number from WSIB with their bid
submission.)
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a) are aware of their respective duties and obligations under the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the "Acf'); and
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, I/we will comply with all
procedures and requirements of the Occupational Health and Safety Act, Municipal
safety policies, department and site specific policies and procedures and other
applicable legislation or regulations. I/we will work safely with skill and care so as to
prevent an accidental injury to ourselves, fellow employees and members of the public.
1. The contractor/successful tenderer certifies that it, its employees, its
subcontractors and their employees,
b) have sufficient knowledge and training to perform all matters required
pursuant to this contract/tender safely and in compliance with the Act.
2. In the performance of all matters required pursuant to this contract/tender, the
contractor/successful tenderer shall,
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act
safely and complying all respects with the Act.
3.
The contractor/successful tenderer shall rectify any unsafe act or practice and
any non-compliance with the Act at its expense immediately upon being notified
by any person of the existence of such act, practice or non-compliance.
4.
The contractor/successful tenderer shall permit representatives of the
Municipality and the Health and Safety Committee on site at any time or times for
the purpose of inspection to determine compliance with this contractor/tender.
5.
No act or omission by any representative of the Municipality shall be deemed to
be an assumption of any of the duties or obligations of the contractor/successful
tenderer or any of its subcontractors under the Act.
6.
The contractor/successful tenderer shall indemnify and save harmless the
Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which
may result from the contractor/successful tenderer or any of its
employees, its subcontractors or their employees failing to act safely or to
comply in all respects with the Act in the performance of any matters
required pursuant to this contract/tender;
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SCHEDULE (C)
CONTRACTOR SAFETY
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POLICY AND PROCEDURE Continued...
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b)
against any action or claim, and costs related thereto, brought against the
Municipality by any person arising out of any unsafe act or practice or any
non-compliance with the Act by the contractor/successful tenderer or any
of its employees, its subcontractors or their employees in the
performance of any matter required pursuant to this contracUtender; and
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c)
from any and all charges, fines, penalties, and costs that may be incurred
or paid by the Municipality (or any of its council members or employees)
shall be made a party to any charge under the Act in relation to any
violation of the Act arising out of this contracUtender.
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. .. .. . .. . . . . . .. .. . . . . . .. .. . . . . . . .. .. . ~. P. t+. N. .. .. . . R..I::?Y.!'!!. <:?:.. .. . .. . . . . . .. . . . . . . . .. .. . .. . . .. .. . . .. .. . . .. . . . . .. .
Contractor Name of Person Signing for Contractor
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............... ................. .~.. ...................... ....~ ..~.... ..t?. ~.:.................
Signature of Contractoi7.........r -.... Date
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Schedule "B"
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER
The purpose of this form is to: (Issuer to check one of the following)
Provide warning to the contractor to immediately discontinue the unsafe work practice
described below
Direct the contractor to immediately cease all work being performed under this contract
due to the unsafe work practice described below.
FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A
BREACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
NAME OF FIRM:
PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
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SCHEDULE (C)
CONTRACTOR SAFETY
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DATE & TIME OF INFRACTION:
DESCRIPTION OF INFRACTION INCLUDING LOCATION:
ORDER GIVEN BY MUNICIPALITY:
DID THE CONTRACTOR COMPLY WITH THIS ORDER?
DATE & TIME OF COMPLIANCE:
ISSUED TO:
CONTRACTOR'S EMPLOYEE TITLE
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
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PART "C" - ADDITIONAL COMMENTS
THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS
SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME
WORK RESUMED, FURTHER ACTION TAKEN, ETC.
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h S/Admin/Forms & Specs/Clarington/Policy-MOC
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-47
P/I09481Specsl21261-SP- TI.doc
SPECIAL PROVISIONS - TENDER ITEMS
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1
PAGE ONE
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL208S-47
PART 'A' - W ATERMAIN AND APPURTENANCES
400 mm DIA. CPP - ITEM NO. 3.01.06
Reference: Contract Drawings and RMDSS Section 02511
Note: .1 All thrustIsurge protection on CPP watennainshall be by joint restrainers in combination
with granular thrust blocks. Joint restrainersSha,llb. in accordance with manufacturers
instroctions.
.2 Measurement for payment of CPP lIUlin sha,Ube based on final approved shop drawings
using plan view measurements. Payment length shall include pipe through butterfly
valves with no deduction being made for the valve.
Unit price shall include for:
.1 Supply and installation oftemporary bulkheads with 150 mm flanged outlet complete
with ISO mm flanged gate valve and 50 mllllPT outlet with 50 mm main stop for testing
and disinfection.
.2 Removal of temporary bulkheads after testing, ~c. prior to closure price installation.
.3 Exposing watermain at Clarke StreetanciToronto Street to confirm location prior to
commencing preparation of shop drawings.
.4 Expose water service to House No. 43 (southeast quadrant of Toronto Street and Amos
Street) to confirm location.
FIELD CLOSURE AT TORONTO STREET - ITEM NO. 3.01.30
FIELD CLOSURE AT CLARKE STREET-ITEM NO. 3.01.31
Payment shall be made under these Items for connecting new main to existing at Toronto Street and
Clarke Street.
Note:
.1
Connection at Clarke Street can be made with a cut-in tee. The existing main can be shut
down by closing valves at Mill Street,: Catherwood'Stre~ and on Clarke Street. No
temporary supply is needed.
.2 The closure at Toronto Street can be undertaken by shutting down the 400 mm dia. main
for a maximum period of6 hours during off peak time, defined as 8:00 a.m. to 2:00 p.m.
during the day. Prior to the closure, a 72hout notification to the Bowmanville Water
Supply Plant is required. Bob Smith orJerry Thompson (905-623-7760) can be
contacted at the plant. Existing tee to.be removed, shall be disposed of by the Contractor.
Supply, placement and compaction ofH.L.-8 blend crushed clear stone.
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spEcIAL PROVISIONS -TENDER ITEMS
.. CONTRACT NO. CuGos47
.3 A minimum ~f72. hours of notice prior to any shut down .of supply must be givellt~.
. Durham Region Opemions, Orono Depot, except for the Clarke Street closure. ..
._b restoration within paved roadway shall be carried out in accotdance with the requirementS
....., 'rig No, 2, Asphalt entraJ:lees shall be restored with 50 mm ofH.L.-3and 200 film of Grall
of restoration m~ be controlled, The Contractor shall makeev~ effort to minim~.
. The area for pa~t under this Item must be approved by. the Contract Admin~
d by what is deemed to be negligence on the part of the Contractor will be resto .
Ot'scost
PaymeotshaU al~ be made under this Item for the restoration of the entrance to House No. 624..
'RESTORATION -TOPSOIL AND SOD - ITEM NO. 3.02~03 (a)
RESTORATION - TOPSOIL AND SEED - ITEM NO. 3.02.03 (b)
'.. . #eas disturbed bytrenebing operations on Amos Street, north oftheCN tracks, shallbe
WithlO()mm depth of imported topsoil and nursery sod. This will also apply to disturbed boulevard areas
on C18rkeStreet
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Disnu:bed grassed areas between the CN tracks and the Clarke Street road allowance limit shall be.
restored with topsoiltTom.stookpile and seed. Topsoil shall be stripped as part of the trenchil)g . '
and ~kpiled for reuse. Seed $hall be standard road mix in accordance with Table I of OPSS S. .
STONE 'OR EXTRA DEPTH BEDDING- ITEM NO. 3.02.14
R.ef~ce: RMDSS. Section 01210
Excavation of unsuitable materialslbelow standard bedding depth and dispos81 Of!
materials.
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· i~ JACK CASING AS PER S-41S - ITEM NO. 3,02.20
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;.liefetence: RMDSS, Section 02319 and RMD Standard Drawing S-415
Payment shall be made undetthis Item for the supply of all equipment and materials to install 400min ...
dia. Cpp watennainpipebybol'eandjack methods in an uncoatedsteelliner in accordancewiththe;'::
details in Standard S-415 and Drawing No. 2. No cathodic protection is required for the steelcasillg.'
;.Whe .mtit price bid shall include for sealing the ends of the casing with a prefabricated membrane to.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2005-47
3.
prevent the ingress of ground water. This will be deleted Wtlltheoontract if grouting of the annulus
around the carrier pipe is carried out.
The Contractor shaUconduct his boring Operation toelin)in~teanysigt1ificant voids between the outside
of the liner and the excavation wall. Grouting outside the steel>linerisnot to be carried out as shown on
Standard S-415.
Where difficult jacking is expected, grout holes shall be provided in the pipe and bentonite kept available
as a lubricant.
The Contractor shall note the proximity of underground hydro, a hydro pole and trees to thejacking and
receiving pit.
GROUT BETWEEN CPP PIfE AND STEEL LINER -ITEM NO. 3.02.20 (PROVISIONAL)
Payment shall be made under this Item forsupply..ofmaterials aOd.equiplllent to Jlfesspre grout the
annulus between the carrier pipe and casing pipe witb 1:5 ratio cementl$atld grout .TbtS work will only
be undertaken when directed by the CoritractAdntinistrator. . . , .
JACKING AND RECEIVING PITS-ITEMS NO. 3.8%.40 AND 3.01.41
For the lump sum bid under these Items, the Contractor shall construct Jacking and receiving pits at
locations approved by the Contract Administrator.
The lump sum bids shall include the following:
· Supply of shop drawings
· Support for pit excavation by shoring or trench box methods
· Maintaining pits in a dry condition
· Supply oflabour and materials to constroct. and maintain 1.8 m high chainlink fence around the
entire perimeter of work areas at anoff$et fr<nn.the pits to ensure Stability of the fence.
· Removal of fencing on completion and disposal off the site
· Backfilling of pits when installation is complete
In constructing the pits, the Contractor's attention is drawing to overhead and underground hydro in the
area ofthe receiving pit. The location of the jacking pit must take into account protection of trees, signs,
etc. Should tree removal be required, it will be paidforunderltem No. 3.40.03.
400 mm DIA. BUTIERFLY VALVE - ITEM NO.3.03.2S
Reference: RMDSS, Section 02511, RMD Details 8-408, 8-435 and S444
Include: .1
.2
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Supply and installation of butterfly valve and valve box in accordance with Detail S-444.
Excavation, blocking, backfilling and compaction.
Tracer wire arrangement in accordance with Oetail S-408.
Hydrant shall remain the property of the Contractor.
.4 Supply and installation of cathodic protection in accordance with Detail S435.
.5 Adjust1l1erlt tQ final grade. on completion of work. .
....~m~RY FLUSHING BYDRANT - ITEM NO. 3.04.03
.1 Excavation to grade and disposal of surplus materials. .
. .2 Supply oftempQraryhydrant meeting requirementsofRMDSS Section 0251 t,e
Storz p~ nozzle and inner workings of hydrant.
Complete installation of piping, hydrant, blocking tie rods as per S409and f
completion. '
Supply andinstall8tion of all other materials as required.
Backfill with amoved native material and compaction.
.r - ITEM NO.3.OS.0I
Supply and installation.complete with saddle, union adapter, connections, etc.
Connection to new service pipe.
Removal of existing curb stop, box and rod.
Supply and installation complete as per RMD Detail 8410.
Stainless steel rod with brass pin.
Cathodic protection as ~ S435.
Abandon existina service boxes. Remove box and rod and dispose of and tUrn'
position.
Water service shall be connected to existing service at street line on all streets..
Where lead services are encountered, these shaH be removed and full length ot
servicereplac~ to the house.
Payment under this Item shall. be made (or installation of service pipe to House No. 624 AmosS
House No. 43 Toronto St:reet(ifrequired).
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACTNO.CL200547
5.
CONNECTION HOUSE NO. 43 (TORONTO STREET) -ITEM NO. 3.05.30 (PROVISIONAL)
Payment shall be made under this Item for the following work:
· Locate existing 19 mm dia. copper water service to House No. 43, Toronto Street, in the southeast
quadrant of Toronto Street and Amos Street. .
· Live tap 200 mm dia. main to reconnect 19 mm service to House No. 43 at curb stop. 19 mm dia.
copper pipe will be paid for under Item No. 3.05.11.
· Remove existing main stop for 19 mm copper service and insert brass plug. Main can be shut down
briefly to undertake this part of the work. Before the connection is backfilled, a visual inspection of
the plug shall be undertaken with the pipe pressurized.
· Backfill with approved native material and compact. Restoration of disturbed surfaces shall be paid
for under the appropriate items.
19 mm TEST POINT - ITEM NO. 3.06.01
Reference: RMD Detail S-429
Include:.1 Supply and installation of all corporate main stops, valves, backflow preventers, copper
tubing, fittings, etc.
.2 Removal of all main stops upon completion of testing and flushing.
.3 Supply and installation of a brass plug in locations where main stops are removed.
.4 Backfill with approved native material.
EXCA VA TE FOR UTILITY VERIFICATION - ITEM NO. 3.40.02
Prior to any construction, test pits will be dug by the Contractor to detennine location and elevation of
utilities where agreed with the Contractor.
Payment at the unit price shall be full compensation for all labour, equipment and materials to. do the
work including backfilling of test pits.
CLEARING AND GRUBBING - ITEM NO. 3.40.03 (PROVISIONAL)
Payment shall be made under this Item for clearing and grubbing trees indicated for removal on Drawing
No.1.
The location of the jacking and receiving pits will be agreed so as to minimize the extent of tree removal.
The Contractor shall be paid on a pro-rated basis for actual clearing and grubbing, if it differs from that
indicated on the drawings, if this is so detennined.
;>8R.OVISIONS - TENDER ITEMS
CONTRACf NO.CU005-47
SUPPLY AND MAINTAIN FlELDOmCE - ITEM NO. 8.01.01
Under this Item the Contractor shall supply and maintain a field office for the sole use of the Contract
Administrator as descnOed inOause 15 of the Special Provisions - General.
Payment shall be made at 50% On the first Payment Certificate and the 50%balance will be paid on the".
Payment Certificate following issuance of the Certificate of Substantial Perfonnance.
BONDS, INSURANCE AND MAINTENANCE SECURITY - ITEM NO. 8.02.01
R:eference:RMDSS, Section 01001
.1 100% Performance and Guaranteed Maintenance Bond for 24 months.
.,2 100% Labowand Materials Payment Bond.
.3 Liability Insurance based on the Contract Price.
......loo%payment of this Item shall be made on the first Payment Certificate.
MOBILIZATION AND DEMOBILIZATION - ITEM NO. 8.03.01
Reference: .RMDSS, Section 01001
The contract price stated in the Tender Form for this Item shall be compensation for the following:
.tSecurity protection of the Contractor's office, plant and sorted materials during the course of the.. .
Contract.
.2 Moving onto the site and setting up the Contractor's office, storage facilities, plant, etc.
.3 Providing all necessary access to the project including haul roads as required and the restorati.
of the surfaces to their original condition after the haul roads are removed. .
.4 Moving off the site and removal of the Contractor's office, storage facilities, plant, etc.
Payment will be made as follows:
50% of the lump sum stated in the Tender Form for this Item will be paid on the first Payment-
Certificate; and,
the 50% balance will be paid on the Payment Certificate following issuance of the Certifioate..
Substantial Performance.
PRE-CONDmON SURVEY-ITEM NO. 8.05.01
Pre-Condition Survey shall be carried out to depict existing interior.and exterior conditions of building,
utilities, monuments, bridges, structural improvements, streets, driveways, sidewalks, within the area of .
influence of the work site and/or specified distances.
The "area of influence" is that radius of distance adjacent to heavy construction, within which structUX'es .
and property are subject to possible damage. ..
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACTNO.C~7
7.
of influence of the work site and/or specified distances.
The "area of influence" is that radius of distanceadjacentto heavy construction. within which structures
and property are subject to possible damage.
The Pre-Condition Survey shall be completed on..all structures. or part thereof, within 30 metres of any
work, at a minimum. Additional inspections may be required, if deemed necessary by the Vibration &
Noise Consultant commissioned to carry out this. work.
Oualitv Assurance
A Vibration and Noise Consultant (VNC) with over five (5) years experience in loss control in urban
areas shall be retained by the contractor to complete this work.. The person in charge shall be a
Professional Engineer Registered in Ontario. The Company shall carry Professional Errors & Omissions
Insurance in the amount of$l.ooo.ooo.oo.
Procedure
Immediately upon notice to proceed. all pertinent available data relevanttothoseapplicable portions of
the work and such other areas as deemed available to be Pte-surveyedis obtained by the VNC.
Introduction & Notification
A Letter of Introduction from the Owner is hand delivered to .all properties within the "area of influence",
The letter contains pertinent infonnation regarding the proposed work and advises the identity. telephone
number and name of contact person capable of answenngquestions or addressing complaints.
This letter serves to acquaint residents with proposed construction in the area.
Inaccessible Properties
Should access to a premises by the Inspector be prohibited for any reason. i.e" absent
ownerllessor/manager; denial of authorization; vacant;~fetyhazard; in such case. particulars of efforts
made to gain entry are recorded on the Pre-condition Survey.Summary Sheet as follows:
· Time and date(s) of contact
· Means of contact (in person or by telephone)
· Authority (ownerllessor/manager)
· Reason( s) for entry refusal or inaccessibility
Photograohic Documentation
Photographic equipment and materials used are capable of yielding high quality negatives from which
detailed enlargements may be made,
. J-ROVISION~:- TENDER ITEMS
CONTRACT NO. CL2tJ05..47
P8vment
. . .
l()O%payment of this Item~haUbe made on the first Payment Certificate on proof that thestitVey
. been completed. ..
~tation ofexteri()I' and interior conditions of each property/itemsurveyed includes, as 8 ..
bum: '
ge and type of construction
'ptionldepictionldimension of differential settlements (visible cracks in walls, tl
ceilings) or any other apparent $lructura) or cosmetic damage or defect
.troduction Letters,.Notification Letters and Refusal Letters are to be included in the..
',~dition Survey data is to be assembled in a forma) comprehensive report, incl.
Sheet. .
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-47
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STANDARD DRAWINGS
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PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2005-47
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STANDARD NO. DESCRIPTION
OPSD- 218.0 I
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408
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409
410
415
429
435
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SODDING OF SIDE SLOPES
STANDARD CURB AND GUTTER
SANITARY, STORM AND WATER (MAIN AND SERVICE) TRENCH
BEDDING DETAILS
100 mm to 400 mm GA TE VALVE, VALVE BOX AND TRACER WIRE
ARRANGEMENT FOR PVC OR CPP W A TERMAIN
HYDRANT ASSEMBLY WITH MECHANICALLY RESTRAINED JOINTS
19 mm AND 25 mm COPPER WATER SERVICES
PIPE CASING
19 mm TEST POINT BY-PASS
CATHODIC PROTECTION/BONDING CABLEffRACER WIRE FOR PVC AND
CPP W A TERMAIN SYSTEMS
BUTTERFL Y VALVE AND VALVE BOX (400 mm to 500 mm CPP)
WATER AND SEWAGE MAINS, LOCATION SIGN
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llRM.WAY DEPAESSlON
25
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SlDEWAI..K lEDGE
(SEE N<m: 4
STANDARD CURB AND GUTTER
R-
DRIVEWAY DEPRESSION
ASPHAlT
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BARRIER CURB
NOTES
1 Concrete sholl conform to OPSS specifications (30MPa, 71.; f: 1.51.; air).
2 Contraction joints every 3.0m (maximum). Sow-cuts to be 251.; of total depth.
3 Curing compound is to be sprayed on within one hour of finishing.
4 Additional width required where curb is adjacent to sidewalk.
All dimensions GA In mIlnmefru unl... ottMf'wlae noted.
Services De artment
STANDARD CURB AND GUTTER
~ NO.
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1-0.0. + 6OO~
I (MIN. 900) I
r--O.D. + 6OO~
I (MIN. 900) I
t
8
0')
PlAIN OR REINFORCED
CONCRETE MIN. 15 MPo
DRY TRENCH
19 mm CRUSHER RUN
UWESTONE COMPACTED
TO 98 X PROCTOR
0ENSl1Y
wn TRENCH
Hl8 BlEND Of
CRUSHED ClEAR
STONE CONCRETE CRADLE
CLASS A
REINFORCED A. - 1.OX 4 - 4.8
REINFORCED A. - 0.4X 4 - 3.4
FUIN 4 - 2.8
CONCRETE ENCASEMe4T
DETAIL
CONCRETE ARCH
1. PVC WATERt.lAIN MAY NOT BE CONCRETE ENCASED.
2. CONCRETE ENCASEMENT Of GRAVITY SANlfARY
SEWERS MUST EXTEND fROt.t PIPE JOINT TO
PIPE JOINT.
3. THIS DETAIL APPUES TO PROPOSED PIPING ONLY.
r--O.O. + 600--,
I (MlN. 900) I
r-O.O. + 6QO~
I (MIN. tOO) I
~~~Jt.~IfiJt~~~~~ 1
"4 O.."<r "
.~:~.~ :
SAND COVER COMP~
TO 98X PROCTOR 0ENSI1Y
SANO BEDOlNG AND COYER
COMP~ IN 150 mm LAYERS
TO 98X PROCTOR 0ENSI1Y
DRY TREHCH
19 mm CRUSHER RUN
UMES10NE COMP~
TO 98 X PROCTOR
0ENSl1Y
wn TREHCH
HLB BlENO Of
CRUSHED ClEAR
STONE
:",.'~t'7.
.::.~;?~~~~'"~-: ~;':.:.::-:~ ~ :-:.:.. .:' ~-.
100
I
CLASS B
CONCRETE AND CPP PIPE
ClASS 0
DucnLE IRON AND COPPER PIPE
Lf ., 1.9
LEGEND
19 mm CRUSHER RUN
lIMESTONE COI.lPACTED
T098XPROCTOR
0ENSl1Y
0.0. - 0UTSl0E DW.CErER Of PIPE
Lf - LOAD FACTOR
~ - ARrA Of srm.
NOTES
1. BEDOlNG MATERIALS StW.L BE AJUY EXTENDED
AND COMPACTED N:;AINST TRENCH WAllS.
BEOOING MATERIALS StW.L BE PlACED AND
COMPACTED IN 150 mm LAYERS.
2. NO ME~lCAI.. COMP1Cl1ON EQUIPt.lENT SHALL
BE USED ON TOP Of PIPE PRIOR TO PlACING
A MINIMUM Of JOO mm COVER.
3. PIPE StW.L BE BEOOEO TO PROPOSED UNE
ANO GRADE WITH \JNlf'ORN ANO CONTINUOUS
SUPPORT FROt.t BEOOING. BLOCkING WITH Nf(
HARt> OBJECT StW.L NOT BE USED TO BRING
THE PIPE TO GRADE.
4. 19 mm OIA. CRUSHER RUN Ut.cESTONE TO
OPSS 1010 - GRANUlAR A SPEC. - TABLE 2
(WHEN SPEClRED).
5. HL 8 BlEND CRUSHER ClEAR STONE TO
OPSS 1033 - TABLE 2 (WHEN SPEClFlEO).
6. CONCRETE TO OPSS 1350 (WHEN SPEClRED).
All DIMENSIONS IN MIUAlEmES EXCEPT "ERE NOlt:O.
OWG. OAlE: 1978 03
RE\1SlON NO.: 7
REV. OAlE: 2005 05
SCALE: N. T.S.
HlB BlDlO Of
CRUSHED ClEAR
STONE
WET 1'RB04
DR'( 1'RBfCH
ClASS P
PVC PE AND VC PIPE
SANITARY, STORM AND WATER
(MAIN AND SERVICE) TRENCH BEDDING
AND CONCRETE ENCASEMENT DET~LS
8-401
Y<<lRKS OEPARlMOO
13 mm ROUND
HOLE WITH
GROMMET
135 mm SUDE TYPE
VAl~ BOX " COVER
lRACER WIRE
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EXTENSION (AS REQUIRED)
50 mm OPERA liNG NUT
OPEN TO lEFT
GUIDE PlATE
NON-RISING SlEt.l
TRACER WIRE CONNECTED
TOGETHER USING A SPUT
BOlT , 10 CONNECTOR.
SPlIT lK>t.T SHALl BE
WRAPPED IN ElECTRICAL.
PUlTY.
SUDE lYPE
LSlON SlEt.l SHAlL BE
F ASlENED TO OPERA liNG
NUT WITH 2 SET SCREWS
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5.4 kg ZINC ANODE
SOlID CONCRETE BLOCK
150 mm x 150 mm x 300 mm
NOTES
,. VAl~ BOX SHAlL BE ADEQUATELY BRACED WHILE BACKAWNG
AND MUST RalAlN PLUMB.
2. VAl~ BOX EXTENSION SHAlL BE USED ONLY F REQUIRED.
3. REFER 10 .STANDARD SPEClACAlIONS FOR THE CONSlRUClION
Of WA1ERt.tAINS- FOR PLACEt.lENT Of MARKER STAKES.
4. VAl~ SHAlL BE COMPLETELY BACKALlED WITH 19 mm
CRUSHER RUN UMESTONE.
5. WHEN THE DEPTH Of THE OPERAlING NUT IS GREATER
THAN 2.0 m BaOW ANlSHED GRADE AN EXlENSlON
STEN SHAlL BE USED.
6. AlL INUNE VAl~S INSTALLED ON PVC WAlERMAlN SHAlL BE
RESlRAlNED AS PER S-433. UNLESS OTHERWISE NOlED.
7. IF VAlVE BOX IS LOCATED IN A GRAVEL AREA. A
1.0 m x 1.0 m x 50 mm ASPHAlT COlLAR SHAlL BE INSTAlLED.
L150-l
8. lRACER WIRE COATED. 7 SlRAND,
12 GUAGE TW75. TVt\J75 OR
RW90XlPE WIRE RATED AT MINUS 40. C.
9. lRACER WIRE SHAlL BE INSTAllED
OUTSIDE VAL~ BOX AND BROUGHT
INTO UPPER SECl\ON THROUGH 13 mm
ROUND HOlE AND LOOPED AT TOP.
LOOP SHAll BE MINIMUM 450 mm IN LENGTH.
10. lRACER WIRE SHAlL BE INSTAlLED IN ALl
P.V.C. AND C.P.P. MAIN UNE VAlVE BOXES.
11. CAlHOOlC PROTECTION, BONDING CABLE AND TRACER WIRE
SHAlL BE AS PER S-435, S-439.
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100 mm TO 400 mm GATE VALVE,
VALVE BOX AND TRACER WIRE
ARRANGEMENT FOR PVC OR CPP WATERMAIN
AlL DIMENSIONS IN MIWMElRES EXCEPT WHERE NOlED.
OWG. DAlE: 1991 11
REVISION NO.: 14
REV. DAlE: 2004 07
SCALE: N. T.5.
I
MlRKS DEPARlMENT
8-408
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t H'tDRANT
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mACER WIRE COAlED
7 S1'RANO 12 GAUGE
1W7S. 1WU7S OR
RW 90 XlPE WIRE
RAlED AT MINUS 4O'C
ATTACH TRACE WIRE
UP 1HROUGH SPUT
RING AND FASTEN
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WRAP TRACER WIRE
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AO.JUSTASlE VAI..'JE BOX SHALL BE
SET FLUSH WI1H F1NlSHEO GRADE
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19 mm CRUSHER RUN
UMESTONE COMPACTED
TO 98X PROCTOR
DENSITY
TRACER WIRES. CONNECTED TOGETHER
USING A SPUr BOlT , 10 CONNECTOR
SPUr BOlT SHALl. BE WRAPPED IN
ELECJRICAL PUTTY
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NOTES
1. JOINT'S SHALL BE MECHANICAI..I..l.Y RESTRAINED.
2. BEDDING AS PER $-t01.
J. H'tDRANT EXTENSIONS SHALL BE INSTIUED AT BOTTOM OF BMREL
4. ANCHOR lEE. VAI..'JE &: H'tDRANT SHALl. BE COMPLETEl.Y IW:ICFUED
wnH 19 mm CRUSHER RUN UMESTONE.
5. F HYDRANT REQUIRES NXESS IiCROSS DITCH, INSTAUAllON SHALl.
BE AS PER 5-428.
II. mACER WIRE COAlED. 7 STRANO. 12 GAUGE 1W75. 1WU75 OR
RW 10 XlPE WIRE RAlED AT MINUS 4O'C-
7. TRACER WIRE SHALL BE INSTIUED AT ALl.. tM)RAN1' LOCATlONS.
8. CA1HOOIC PROTECTlON. BONDING CASlE NI) TRACER WIRE SHALL BE AS PER 5-435. 5-4J9.
JOINTS SHALl. BE MECHANCALLY
RESTRAINED AS PER 5-4JJ
CONCRErE IIlDCK
IotIN. 1000 150 x 150 x JOO
YN. 1500
19 mm CRUSHER RUN
LIMESTONE COMPACTED
10 98X PROCTOR
DENSnY
II.
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HYDRANT ASSEMBLY WITH
MECHANICALLY RESTRAINED JOINTS
AU. OIMEN9QNS IN .-uMETRES EXCEPT WHERE HOlm.
DWG. DAlE: 1978 OJ
REVISION MO.: 11
REV. DAlE: 2002 10
SCALE: N. T.5.
'"
l
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8-409
f')
\ANlSHED ROAD GRADE
ANISHEO GRADE
CURB STOP LOCATIONS
~ PER 5-+45
1. THE WATER CONNEC11ON StW..l BE lAID fROM THE MAIN TO
150 mm BEYOND THE PROPERlY lINE. IN NEW SUBOMSIONS ONlY.
2. HORIZONTAl GOOSE NECK SHAll BE USED WHEN COVER lESS
TlWl 1700 mm.
3. WATERMAlN SHAll BE TAPPED UNDER PRESSURE.
o4. SEIMCE GROUND ClAMPS AND SPUr BOLT SHAll BE
WlW'PED WIlli ElECTRlCAl PUTTY.
: if=!~nt~:-SERW:f: ~
Nfl) CURB STOP. .
7. PlUW8tNG CONTRACTOR TO REMOVE TAlL PIECE AND
HOOf( UP TO CURB STOP.
8. CATHOOlC PROTECTION. BONDING CABlE AND TRACER WIRE
SIW.l.. BE AS PER 5-435. S-439.
9. MINIMUM SEPARATION DISTANCE BETWEEN TAPPED COUPlINGS
SIW.l.. BE 1.0 m.
10. COUPUNGs SIW.l.. NOT BE PERt.CIT1ID BETWEEN THE
MAIN STOP At<<) THE CURB STOP wmtOUT PERMISSION
or THE REGION or DURHAM.
DIMENSIONS IN MlllIAElRES EXCEPT WHERE NOTED. j
OWO. DAlE: 1881 04
RE\1SlON HO.: 17
REV. OA lE: 2005 05
SCAlE: H. T.$.
ROO
COPPER SElMCE PIP?
TYPE .K.
~o
~~
J--150 ~
NON-FERROUS W
BRASS SEIMCE GROUND ClN.lP C!W
TRACER WIRE CONNECTOR
SEE NOTE .
TRACER WIRE C04TED 7 stRANO.
12 GAUGE 1W75. lWU75 OR RW 90 XlPE
WIRE RATED AT alNUS 4O'C.
CORPORAllON MAIN STOP
(WITH APPR<MD SADOl.E)
50 mm x 150 mm x 300 mm
CEDAR BlOCl< PlACED
ON UNOlS1\JR8ED GROUND
COPPER SERVICE PIPE
'TYPE 'K.
FERROUS WU
NOTES
FINISHED GRADE
lNSUlAllON AS PER $-307 T
CORPORATION MAIN STOP
LOWERI....G WATER SERVICES (WITH APPR<MD SADOU:)
19
mm AND 25 mm COPPER
WATER SERVICE
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GROUT HOlES
SEE NOTE 1
APPROVED CASING SPACERS
OR tWlOWOOO 1lI.lBER BlOCKING
LOCATION Of GROUT HOLES
ON AO.W:ENT UNER RING
NOTES
1. GROUT SHAll BE INJECTED INTO THE LOWER
GROUT HOlE UNTll GROUT EMERGES FROU
THE UPPER HOlE.
2. 0UTSl0E Of UNER PlATE SHAll BE GROI1TEO
TO RESISTANCE WITH 1:2 catENT / SAND
GROUT OR APPR<MD EQUAL AT THE END
Of ~ WORl<lNG D4Y, IS REQUIRED.
WATERNAIN / SEWER 3. GROUT HOLES SHAll. BE SECURaY PLUGGED
AFTER GROUT INJECTION.
^-. TUNNEL SHALL BE GROUTED 4. APPROIIED CASING SPACERS SHALl BE USED
~. ;;:;. 1:5 cagrr~SAN) WI)( OR AND INSTAU..ED IS PER THE aAANUF~
,.~;;. IQ SPE ON CONTRACT RECOWMENOEO PROCEDURE.
. .;;~ DRAWINGS 5. LINER TO BE MADE WATERllGHT AT THE END
..., Of ~ WORKING D4Y.
MlN. 150
GROUT HOLES
SEE NOTE 1
APPR<MD CASING SPACERS
OR. HARDWOOD TIMBER BL~G
LOCATION Of GROUT HOLES
ON AD.W:ENT LINER RING
WATERNAlN / SEWER
TUNNEL SHAll. BE GROUTED
1:5 CEMENT /SAND MIX OR
IQ SPEClflEo ON CONTRACT
DRAWINGS
srm PIPE
CASING
CASING
SPACERS OR HARDWOOD
TIMBER 8LOCKING
WATERMAlN/
SEWER
PRESSURE GROUT WITH
1:5 CEMENT/SANO RAllO
OUTSIDE Of STEEl PIPE
CASING SHALL BE
WI1H 1:2 CEMENT/SAND
GROUT OR APPROVED
EQUAL, IQ REQUIRED.
STEEL PIPE CASING /
TO BE WATERTIGHT
.MMEDlAlaV FOUOWlNG
BORING OPERATION
WHERE REQUIRED.
150
JACK/SORE
PIPE CASING
NOTES
1. GROUT SHAU. BE INJECTED INTO THE LOWER
GROUT HOlE UNTIL GROUT EMERGES FROM
THE UPPER HOlE.
2. 0UTSl0E Of UNER PlATE SHALl BE GROUTED
TO RESISTANCE WITH APPROIIED GROUT AT
THE END Of EACH WORKINC D4Y, AS
REQUIRED.
3. GROUT HOLES SHALL BE SECORD.. Y PlUGGED
AFTER GROUT INJECTION.
4. APPROIIED CASING SPACERS SHALl BE USED
AND INSTAllED IS PER THE aAANUFACTURERS
RECOWMENOED PROCEDURE.
5. UNER TO BE MADE WATERllGHT AT THE END
OF ~ WORKING D4Y.
GENERAL NOTES
1. REfER TO .OCCUPATlONAL HEAlTH AND SAFElY
N::T AND REGUlATIONS FOR CONSTRUCTlON
PROJECTS. FOR MINIMUM CASING PIPE SIZES
FOR COHFlNEO SPN:;[ ENTRY.
2. STEEL CASING PIPE TO CONfORM TO
REQUlRa.tENTS OF GRADE 2 STEEl /IS SPECFlED
IN ASn.t STANOMO A252. PIPE ENOS SHALL BE
BEVEl. EDGED ON 1HE OUTSIDE TO AN ANGlE Of
3D DEGREES FOR IIU1T WElD SPl.IClNG.
3. BlOCI<ING OR CASING SPACERS SHAU. BE
SIZED TO PREVENT F1.OA11NG.
MOOTH WALL STEEL PIP
FOR DEPTH UP TO 10m
IMNlMIAC WIN. CASING THICKNESS
PIPE CASING SIZE
OWoCETER SEE NOTE 1 UNDER UNDER
RONJWAY RAILWAY
150 mm 500 mm 6.350 mm 7.137 mm
200 mm 600 mm 8.525 mm 8.737 mm
JOO mm 750 mm 9.525 mm 10.312 mm
400 mm 800 mm 12.700 11.813 mm
AlL DIMENSIONS IN MUIMETRES EXCEPT Vt'HERE NOTED.
DWG. DATE: 1878 03
RE\1S1ON NO.: 7
REV. 0", TE: 2005 05
SCALE: N. T.S.
8-415
,...
)
WORKS DEPAR..,.,OO
SADDLE
EXISTING WATERt.WN
PROPOSED WATERMAlN
MN. 600
PROPOSED AND EXlST1NG WATERMAlN SHAll
BE TAPPED USING SEIMCE SADOlE
19 mm WAIN STOP SHAll BE
REM<MD AND REPUCED
WITH A 19 mm BRASS PlUG
AFTER 1ESTlNG HAS BEEN
COMPlETED
..
FLOW
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~
~
,
,
~
19 mm Tl'PE ~.
COPPER
19 mm BACKFlOW PREVENTER
19 mm CURB STOP MAY BE
OPERATED BY lllE CONT'RJCrOR
NOTES
1. TRENCH SHAll BE LEFT OPEN AND f'DlCED IN
AoCCORONa: WITH SAFElY REGUlATIONS.
2. INSUlATION Of' WATERaoWN BY-PASS REQUIRED
DURING fREEZING COHOlTlONS.
All DIMENSIONS IN MllUt.l
19 mm TEST POINT BY-PASS
4
3
EXCEPT WHERE NOlED.
DWG. DAlE: 1882 OJ
RE\1SlON NO.: 5 ~J
REV. DAlE: 2005 05 a
SCAlE: N. T.$.
8-429 I
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CATHODIC PROTECTION / BONDING
CABLE / TRACER WIRE
FOR PVC AND CPP WATERMAlN SYSTEMS
~
r}1! ~
/~~
NOTES ".
1. ANODE SHAI.1.. BE PlACED AT lEAST 1.0 m NllAY FROM
lItE WAtER SYS1Dof Af'PURTDW<<:ES N<<) AS DEEP AS
1ltE 8OT1'ON OF' 1ltE N'fIUR1'ENANCES ....uM DISTANCE
BE1WEEN ANOOES StW..l.. BE 1.0 m.
2. AU. 80NDlNG AND ANODE CA8l..E CONNECTIONS SHALL. BE
1HERMTE WElDED. AU. 1HERMfTE WElD CONNECTIONS SHAll
BE C04TED WITH AN N'PRO\/ED C041lNG 1otATERW...
J. BONOlNC CA8l..E SHALl. BE NO.8, SE\'EN STRANO
~TED COPPER WIRE. CADWEI.DED 10 FITTINGS.
4. 5.4 Ilia ZINC ANODE SHALl. BE SUPPlIED N#D INSTAU..ED IN
A MANNER APPROYED BY 1HE REGION FOR EVERY
1000 m OF' TRACER WIRE INSTALLED.
5. ~ ANODE CNUS SHALl. BE lIt..UE AND
ZINC ANODE CA8lES SHALl. BE WHIlE.
8. ONE 5.4tc.g ZINC ANODE SHALl. BE INSTALLED
ON DOf RESTRAINER.
ONS IN T WHERE NO
OWG. DAlE: llNSl 04
REWllON NO.: 8
REV. DAlE: 200S OS
SCALE: N. T.$.
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8-435
13 mm ROUND HOlE
WITH GROtAIET-
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TRACER WIRE CONNE
TOGETHER USN; A SPlIT
BOlT , 10 CONNECTOR.
SPUr 1IOlT SHAI..l. BE
WRAPPED IN
El..ECTRICAI. PUT1Y.
EXTENSION SltN SlW.L
BE fAS'lENEO TO
OPERATING NUT WITH
1WO SET SCREWS
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C!15
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(AS REQUIRED)
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EXTENSION
(AS REQUIRED)
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CONCREn: PRESSURE
PIPE. PlAIN END
lRACER WIRE
UNOlSTUR8ED GROUND
CONCRETE BLOCK
CAST IRON BODY.
FlNroEO END
BUTTERFly VAlVE
FI.ANCE Ie PlAIN
END ADAP'rOR
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NOTES
1. 8EU. ENO UNIT SHAll BE CUT Off. 7. IF VAl\'E BOX IS lOCATED IN A GRAVEl AREA. A
2. VAlVE BOX EXTENSIONS SHAll BE USED ONLY IF REQUIRED. 1.0 m lC 1.0 m lC 50 mm ASPHAlT COlLAR IS REQUIRED.
8'-lRACER WIRE COATED. 7 SlRANO.
3. VAlVE BOX SlW.L BE AD(CUA1ElY BAACED WHILE 9ACl<- 12 GUAGE TW75. TWU75 ~
AWNG AND MUST RaoWN PUNB. RW90XlPE WIRE RATED AT MINUS 40' C.
4. REfER TO .STANDARD SPEClF1CAllONS f~ THE CON5lRUCllON 9. lRACER WIRE SHAU. BE INSTAI..l.ED
Of' WAlERNAlNS" f~ PlACEMENT Of' MARKER STAKES. OUTSIDE VAlVE BOX AND BROUGHT
5. VH..VE SHAll BE COMPlETEl.Y 8ACl<fU.EO WITH 19 mm INTO UPPER SECllON THROUGH 13 mm
CRUSHER RUN UMESTONE. ROUND HOlE AND LOOPED AT TOP.
6. WHEN THE DEPTH Of' THE OPERAllNG NUT IS LOOP SHAU. BE MlN. 450 mm IN lENGTH.
CRrATER TtWf 2.0 m BElOW ANlSHED GfW>E. 10. CATHOOIC PROTECnoN. BOtONG CABlE AND TRACER WIRE
AN EXTENSION SltN IS REQUIRED. SHALl. BE AS PER S-435. 5-439.
~
BUlTERFLY VALVE AND VALVE BOX
(400 mm TO 500 mm CPP)
8-444
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AU. DIMENSIONS IN
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WORKS DEPARlWENT
SEE HOlE 2
II) HIGH PRESSURE
=:l WA TERM AI N
CAlL 8Ef'ORE YOU 0lC
905 668-7721
Af"1tR HOURS a: WEEICENDS
57I-IlII1 OR 1-100-327-11
iii REGION OF DURHAM
. WllOKS DEPARlWfl
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SEWER
MAIN
L.
CAlL BEFORE YOU DIG
905 668-7721
Af1tR HOURS a: WEEJ<EJI)S
571-tft1 OR 1-100-327-11
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~ 10 nwn HEX NUT
II ~ ~1O ~ S1m.......
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10': HEX HEAD BOlT
iii REGION OF DURHAM
. WllOKS DEPARlWfl
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WATERMAlN
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CALL BEFORE YOU 0lC
905 668-7721
AFTER HOURS a: WEEKENDS
576-&1 OR 1-100-327-11
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NOTES
1. HOT ROUm U Fl.NIGE S1EEl. POSTS MANUFAClURED FROM
80.000 PSI CARBON STm.. 1HE 1CP 100 an Of 1HE POST
IS PUNaED W1H 10 mm OF 50 nwn CEN1RES. utI\t:RSAL
FOR E1lHER ME1RIC OR IofIERIAl SIQ4 IotClUN1ItC. HOT DIPPED
GALVNIlED Af1tR PUNaiItO 10 PRE'tUfT RUS1lNO OF.1HE
METAL SUflROUNDIfG 1HE 24 HOLES.
2. HIGH PRESSURE WA 1tRMAIN NG/OR SEWAGE MAIN SIGNS
SHALL BE SUPPLIED BY 1HE RECaoN OF DURHAM.
3. LOCA 110N AND SPACING SHAIJ. IE APPRCMD BY 1HE
REGION OF DURHAM.
4. I,.ENC1IH OF POST USED -.L DEPEND ON FED CONDI11ONS
(...... LEN01H 2400 mm).
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RE'GON NO.: 2
REV. DAlE: 2002 10
SCALE: U.I.
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LOCATION SIGN
8-449
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CORPORA TION OF THE MUNICIPALITY OF CLARINGTON
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GEOTECHNICAL INVESTIGATION
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PAGE El3
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RefernK" No: 4716-5-10 Borehole No : 1 ElItlosun No: 2
elknt ; TQfttll SInI, ftubkki
Project: Wlter Mala MetIlo<l : ^ucer
lAcatlon : Mill Stred, --".rlJ1c, ON Dllm*r: ltlhll..
Datu. [Ientloa : Geoftiit Date : Noycmbtr 2, 2005
SUBS11RJAC.1 PRO~U; I SAMrLl
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i t e. flllttk Ullllt ~
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11/07/2El05 13:35
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PAGE 04
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Refereac:e No : 4716-5-10 Borehole No : 2 Ead08lln No : 3
ellen' : Tottu !.\~ Ralricld
rroJtd: Wlkr Mal. Me"od : "utt'
locItlnn : M. Street. eowmauTme. ON Dill..... : 11011I11I
Datum lIcvltina : Gcededc: Date : November 1, ZOO~
StlBSORrACE PROFILE SAMPLE
III I Water %
. ~ Studard P1at1~ U.ot -!
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PAGE El5
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R~fere.ee No: 4786-5-10 Borehole No : 3 Ellc:losan No : ..
Client: Tonel SI",.U.bkld
Project: Water Maie Mdhlld : Alter
Loution : Mill Strut, Bfll-...llYil&:. ON DiaMeter: 110...
nata... EkvtticMl : Gto4ttic 0111 : NonMher 1, 1005
S\l8S1JR'ACI: PRonLII 5AMI'L~ ,
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VAWOODASS
PAGE 06
Refuenc:. No: 4716.5-10 Borehole No : 4 Eadosort N, : 5
Clic:llt; T~. SiMs Hubldd
Pro~tt ; Water M.tft Mecliod : "....
Locdion : Mill Strttt, Bowmaavlllt, ON OIa.eRr: 110nlm
Datu.. EJt\oatio" : G~ Date : Noycmber 2, 2t05
SUBS11UACE PRonL! I SAM,PU:
;
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2005-47
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
SEPTEMBER 1999
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GENERAL CONDITIONS OF CONTRACT
Table of Contents
SECTION GC 1.0 -INTERPRETATION
GC 1.01 Captions................... ................................................................ ...... ..... .... ............ ..... 1
GC 1.02 Abbreviations ........... ............. ...... ........................ ..... ........... ................ ..........,..... ..... 1
GC 1.03 Gender and Singular References............................................................................ 1
GC 1.04 Definitions .......... ................................................. ................................ ....... ......... ..... 1
GC 1.05 Substantial Performance ......................................................................................... 5
GC 1.06 Completion. ..._.............. .......... ............... .............................................. .... ................ 6
GC 1.07 Final Acceptance..... ........................................................... ................................ ..... 6
GC 1.08 Interpretation of Certain Words ............................................................................... 6
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Order of Precedence ............................................................................................... 7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority ........................................................................... 8
GC 3.02 WorKing Drawings ... ....................................................................... .... ..................~.. 9
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ................. 9
GC 3.04 Emergency Situations.................................. ........................... ............................ ... 10
GC 3.05 Layout ........ .......... ........................................ .... ................... ......... .......................... 10
GC 3.06 WorKing Area ....................... ........... ............. ............ ........ ........ ........... ...... ............. 10
GC 3.07 Extension of Contract Time ................................~.................................................. 10
GC 3.08 Delays ........ .............. ............ .............. .......... ............ .................... ............. ....... ...... 11
GC 3.09 Assignment of Contract ............................... .......................................................... 11
GC 3.10 Subcontracting by the Contractor .......................................................................... 11
GC 3.11 Changes ................................. ............. ........ ...... ........ ....... ....... ........ ...................... 12
GC 3.11.01 Changes in the Work............................................................................................. 12
GC 3.11.02 Extra Work............................................................ ................................................. 12
OPS o.n..J Conditions ~ Connct - Sept8rnber 1899
T'" of ConeentS -I
GC 3.11.03 Additional Work ,......................................................................................... '.......... 12
GC 3.12 Notices.............................................. ....... ........... ......... ...... ........ ........ .... ..... ..... ...... 12
GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance ..................... 13
GC 3.14 Claims, Negotiationst Mediation ............................................................................ 13
GC 3.14.01 Continuance of the Work....................................................................................... 13
GC 3.14.02 Record Keeping .......... ........ .......... ......... .......... ........................... ..... '. ......... ........... 13
GC 3.14.03 Claims Procedure .................................................................................................. 13
Gc. ,3.14.04 Negotiations....................... ............................... .................. ............................... .... 14
GC. ,3.14.05 Mediation. .................. ........... .................. ....... ................ .................................. ...... 14
GC, 3.14.06 Payment... ............................................ .............. ............... ................... ...... ........... 14
GC 3.14.07 Rights of Both Parties............................................................................................ 15
GC 3.15 Engineering Arbitration .................... ....................................... .......... .......... ......,..... 15
GC 3.15.01 Conditions for Engineering Arbitration..............,.................................................... 15
GC 3.15.02 Arbitration Procedure.......... ........................... ................ .......... ....... ......... ........ ...... 15
GC 3.15.03 Appointment of Arbitrator....................................................................................... 15
GC 3.15.04 Costs......... ....... ....... ......... .......................................................... ................. ........... 16
GC 3.15.05 The Decision.... .............. ..... ........ .......... .................................. ........ ...... ...... ........... 16
GC 3.16 Archaeological Finds ............................................................................................. 16
SEcnON GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area ........... ........ .............. ............ ............ ...................... .............. ............ 17
GC 4.02 Approvals and Permits .......................................................................................... 17
GC 4.03 Management and Disposition of Materials ............................................................ 17
GC 4.04 Consbuction Affecting Railway Property .............:..............................................:.. 18
GC 4.05 Default by the Contractor....................................................................................... 18
GC 4.06 Notification of Default ..................... .......... ................... ............. .................... ......... 18
GC 4.07 Contractor's Right to Correct a Default.................................................................. 18
GC 4.08 Owner's Right to Correct Default........................................................................... 18
GC 4.09 Termination of Contractor's Right to Continue the Work....................................... 18
TIIbIe of Contents - i
OPS GeneI8I CoIIdIIions ~ ConIr8Ct - September 1_
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GC 4.10
GC 4.11
GC4.12
GC4.13
Fmal Payment to Contractor.................................................................................. 19
T errnination of the Contrad .......... ........................ ............. ....... ...... ...... ................. 19
Continuation of Contractor's Obligations ............................................................... 19
Use of Performance Bond ..................................................................................... 19
SECTION GC 5,0 - MATERIAL
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GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
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Supply of Material.......... ..... ............. ...................................... ......... ..... ............. ..... 20
Quality of Material............. ............. ............. ............... ............................ ................ 20
Rejected Material...... ......... ..... .......... ...................... ............ ...................... ............. 20
Substitutions... ................. ................... .............,. ..... ......................... ...................... 20
Owner Supplied Material...........................,........... ......................... ..... ............ ...... 21
Ordering of Excess Material.................................................................................. 21
Care of Material.. ................ ........... .... .................... .................. .............................. 21
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.04
GC 6.03.06
GC 6.03.07
GC 6.04
Protection of Work, Persons and Property ............................................................23
Indemnification .................... ........... ............. ............ .............................................. 23
Contractor's Insurance............ ........ ............. ............ ............ ............... ................... 24
General........ ........... ............ ........................................ ........................................... 24
General Liability Insurance ................................................ ............... ..... ........... ..... 24
Automobile Liability Insurance. ............... ....... .......... ......................... .......... ........... 24
Aircraft and Watercraft Liability Insurance......... ............... ................ ..................... 25
Property and Boiler Insurance ....................... .......... .......... ....................... ........ ..... 25
Property Insurance ..... ........ ......... .... ........... ............. ....................... ....... .... ......... ... 25
Boiler Insurance.................. ................ ....................... ............................................ 25
Use and Occupancy of the Work Prior to Completion........................................... 25
Payment for Loss or Damage..............................:................................................. 26
Contractor's Equipment Insurance ........................................................................ 26
Insurance Requirements and Duration.................................................................. 26
Bonding..... ,........................ ......... ........................................... ................................ 27
SECTION GC 7,0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01
General... .......... .......... ..... .............. ............ .................... .............. .......................... 26
Table oIContM11S-11i
OPS General Conditions 01 ConIr8Ct - September 1899
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC 7.09
GC7.10
GC7.11
GC 7.12
GC 7.13
GC 7.14
GC 7.15
Layout............................................................ ...... .................................................. 29
Damage by Vehicles or Other Equipment............................................................. 30
Excess loading of Motor Vehicles ........................................................................30
Condition of the Working Area............................................................................... 30
Maintaining Roadways and Detours.................. ......................... ............. ...........,.. 30
Access to Properties Adjoining the Work and Interruption of Utility Services....... 31
Approvals and Penn its .... ................................... ....................... ....................... ..... 31
Suspension of Work ..................... ............................................. ....... ..................... 32
Contractor's Right to Stop the Work or Tenninate the Contract............................ 32
Notices by the Contractor .................~....................................................................32
Obstructions................ .......... ....... ..........,.... ..... ,....................................... .............. 33
limitations of Operations......... ........... ............. .................. ......... .......... ................. 33
Cleaning Up Before Acceptance ................................................................~.......... 33
Warranty . ....................................... ................. ..,... ................................... .............. 33
SECTION GC 8,0 - MEASUREMENT AND PAYMENT
GC 8.01
GC 8.01.01
GC 8.01.02
GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 8.02.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8.02.03.06
GC 8.02.03.07
GC 8.02.03.08
GC 8.02.03.09
GC 8.02.03.10
GC 8.02.03.11
MeasureJnent........................... .............. ..... ........ ............................ ......... .............. 35
Quantities.... ................................................... ........... ............................... ..,........... 35
Variations in Tender Quantities ............................................................................. 35
Payment.... ..................................... ............... ....... ......... ........................................ 35
Price for Work .................................... ........... .......... ............ ..................... .............. 35
Advance Payments for Material.. ............................................... .....f........ ........ ...... 36
Certification and Payment.. ....................... ........ ............ .............. ....... ............. ...... 36
Progress Payment Certificate......................................................... ...........,....... .... 36
Certification of Subcontract Completion .... ......... ;........ ....... .............. ........... ,......... 37
Subcontract Statutory Holdback Release Certificate and Payment...................... 37
Certification of Substantial Performance... .......... .................................... .............. 37
Substantial Performance Payment and Substantial Perfonnance Statutory
Holdback Release Payment Certificates....... .... .......................... .......................... 38
Certification of Completion .......... ....... ...... ............. ................ ................................ 38
Completion Payment and Completion Statutory Holdback Release
Payment Certificates .... ........... ......... ....... .............................. ...... .................. ........ 39
Interest, .........,.......... .,......................,...............,........ ............................................. 39
Interest for late Payment ......................................................................................39
Interest for Negotiations and Claims ................... .......................... ............ ............ 40
Owner's Set-off .. ........... ..... ..... ... ... .................... ....... .......... ...... ..... .......... .... .......... 40
T'" of CoNIntI- Iv
OPS Gene.. CondItIona of ContnIct - Sepeernber 1_
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GC 8.02.03.12 Delay in Payment .................................................................................................. 40
GC 8.02.04 Payment on a Time and Material Basis................................................................. 40
GC 8.02.04.01 Definitions ........,....... ..................... ............... ....................... ................... ................ 40
GC 8.02.04.02 Daily Work Records......................................................................................... ...... 41
GC 8.02.04.03 Payment for Work..................................................................................................41
GC 8.02.04.04 Payment for Labour ............................................................................................... 42
GC 8.02.04.05 Payment for Material ....................,........................................................................42
GC 8.02.04.06 Payment for Equipment ....................... ........ ........ ......... ......... ...... ........... ............... 42
GC 8.02.04.06.01 Working Tme ........... ........................... ........ ............ ......................... ................. .... 42
GC 8.02.04.06.02 Standby Time .. .... ... ... ........................................... ............................... ............. ..... 42
GC 8.02.04.07 Payment for Hand Tools......................................................................................... 43
GC 8.02.04.08 Payment for Work by Subcontractors.................................................................... 43
GC 8.02.04.09 Submission of Invoices ................................................... .................... ................... 43
GC 8.02.05
GC 8.02.06
GC 8.02.07
GC 8.02.08
GC 8.02.09
Final Acceptance Certificate... .................. ..... ... .......... ........ .._.......... ..................... 43
Payment of Workers .................................................. .................. .......................... 44
Records ................................................................................... .............................. 44
Taxes and Duties.................... ..... ........................... ............................................... 44
'Liquidated Damages... .............. ................ .., ............ ....~..,.. .................................... 45
OPS Gene,., Conditions of Connd - SepI8mber 1999
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Ontario Provincial Standards
for
Roads and Public Works
September 1999
GC 1.01
GENERAL CONDITIONS OF CONTRACT
SECTION GC 1,0 ..INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience .
and for ease of reference only and in no way definet limit or enlarge the scope or meaning of the
General Conditions or any provision hereof.
GC 1,02
Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organizations and phrases listed on the right
"AASHTO"
"ANSr
"ASTM"
"AWG"
"AVNVA"
"CESA"
"CGSB"
"CSA"
"CVtIB"
"GC"
"MOE"
"MTC"
"MTO"
"MUTCD"
"OPS"
"OPSD"
"OPSS"
"PEO"
"SAE"
"SSPC"
"UL"
"ULC"
GC 1,03
- American Association of State Highway Transportation Officials
American National Standards Institute
American Society for Testing and Materials
American Wire Gauge
American Water Works Association
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards Association
Canadian Welding Bureau
General Conditions
Ministry of the Environment (Ontario)
Ministry of Transportation (Ontario)
Ministry of Transportation (Ontario)
Manual of Uniform Traffic Control Devices, published by MTO
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Professional Engineers Ontario
SocIety of Automotive Engineers
Structural Steel Painting Council
Underwriters Laboratories
Underwriters Laboratories Canada
Gender and Singular References
.01 References to the mascu6ne or singular throughout the Contract Documents shall be considered to
include the feminine and the plural and vice versa as the context requires.
GC 1.04
Definitions
.01 For the purposes of this Contract the following definitions apply:
Actual Measurement: means the field measurement of that quantity within the approved Hmits of the
Work.
Pege 1
OPS Gentn COlldltJons at Contract - SepWnber 1899
Additional Work: means work not provided for in the Contract and not considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope.
Base: means a layer of material of specified type and thickness placed immediately below the pavement,
driving surfacet finished gradet curb and guttert or sidewalk.
Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02t Certification of Subcontract Completion.
Certificate of Substantial Performance: means the certificate issued by the Contract Administrator at
Substantial Performance.
Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator
where~so authorized, directing that a Change in the Work or Extra Work be performed.
;,t:;
Change In the Work: means the deletiont extension, increaset deaease or alteration of linest grades,
dimensionst quantitiest methodst drawingst substantial changes in geotechnical, subsurface, surface or
other conditions, changes in the character of the Work to be done or materials of the Work or part thereof,
,withintthe intended scope of the Contract.
Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or
the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra
Work, Additional Work and changed subsurface conditions, and establishing the basis for payment and the
time allowed for the adjustment of the Contract Tme.
Completion Certificate: means the certificate issued by the Contract Administrator at completion.
Constnactor: means, for the purposes oft and within the meaning of the Occupational Health and Safety
Act, R.S.O. 1990t c.O.1, as amended and amendments theretot the Contractor who executes the Contract.
Contract: means the undertaking by the Owner and the Contractor to perform their respective duties,
responsibilities and obligations as prescribed in the Contract Documents.
Contract Administrator: means the persont partnership or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract.
Contract Documents: mean the executed Agreement between the Owner and the Contractort the
Tender, the General Conditions of Contract, the Supplemental General Concfltions of Contract, Standard
Specificationst Special Provisionst Contract Drawingst addenda incorporated in a Contract Document
before the execution of the Agreement, such other documents as may be listed in the Agreement and
subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement
Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any
Subsurface Report and other reports and information provided by the Owner for the Work, and without
limiting the generality thereoft may include soil profiles, foundation investigation reportst reinforcing steel
schedulest aggregate sources listst Quantity Sheetst cross-sections and standard drawings.
Contract nme: means the time stipulated in the Contract Documents for Substantial Perfonnance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
Contractor: means the persont partnership or corporation undertaking the Work as identified in the
Agreement
Controlling Operation: means any component of the Workt whicht if delayedt will delay the completion of
the Work.
Pege 2
OPS GenerIII CoIlCIItot. cI Connct - Sep4Iember ,_
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Cost Plus: See 'Tune and Materiar.
Cut-Off Date: means the date up to which payment will be made for work performed.
Daily Work Records: mean daily Records detailing the number and categories of workers and hours
worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and
description and quantities of Material utilized.
Day: means a calendar day.
Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or
Working Planst or any reproductions of drawings or plans pertaining to the Work.
Equipment: means all machinery and equipment used for preparingt fabricatingt conveying or erecting
the Work and normany referred to as construction machinery and equipment
Estimate: means a calculation of the quantity or-cost-of,the'Work -oropartof it~ding on the context.
Extra Work: means work not provided for in the Contract as' awarded but considered by the Contract
Administrator to be essential to the 'satisfactory completion of the'Contracl. within its intended scopet
including unanticipated work required to comply with legislation and regulations which affect the Work.
final Acceptance Certificate: means the certificate issued by the Contract Administrator at Final
Acceptance of the Work.
Final Detailed Statement: means a complete evaluation prepared by the Contract Administrator showing
the quantities, unit prices and final dollar amounts of all items of work completed under the Contract.
including variations in tender items and Extra Work, all as set out in the same general form as the monthly
estimates.
Force Account: See'Tme and Materiar.
Geotechnical Report: means a report or other information identifying soil, rock and ground water
.. conditions' in the area of any proposed excavation or fill.
Grade: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or'implements'of.the trade and include small
power tools,
Highway: means a common and public highway any part of which is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines thereof.
Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment is' not based on a measured quantityt' although a quantity may be given
in the Contract Documents.
Major Item: means any tender Item that has a valuet calculated on the basis of its actual or estimated
tender quantityt whichever is the Iargert multiplied by its tender unit price. which is equal or greater than
the lesser oft
a) $100tOOOt or
b) 5% of the total tender value calculated on the basis of the total of all the estimated tender
quantities and the tender unit prices.
Material: means materialt rnachineryt equipment and fixtures forming part of the Work.
OPS General CondItiona d Connct - SepIM1ber 1.
P8ge 3
Owner: means the party to the Contract for whom the Work is being performedt as identified in the
Agreement, and includes, with the same meaning and import, "Authority".
Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic
concretet hydraulic cement concrete - PorUand cement concretet or plant or road mixed mulch.
Perfonnance Bond: means the type of security furnished to the OWner to guarantee completion of the
Work in accordance with the Contrad and to the extent provided in the bones'
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
Project: means the construction of the Work as contemplated by this Contract
Quantity Sheet: means a list of the quantities of Work to be done.
Rate~~ Interest: means the rate detennined by the Minister of Finance of Ontario and issued by, and
availa~ fromt the OWner.
.,:,~"
RecOrds: mean any books, payroItst accounts or other information which relate to the Work or any
Change in the Work or claims arising therefrom.
Roadway: means that part of the Highway designed or intended for use by vehicular traffic and Includes
the Shoulders.
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
Inside edge of the ditch or fill slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipulated by the Owner, for
perfonnance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a persont partnership or corporation undertaking the execution of a part of the
Work ~ virtue of an agreement with the Contractor.
'''''b'
Subgrade: means the earth or rock surfacet whether in cut or fillt as prepared to support the Base,
Subbase and Pavement
...~ ...
Subsuiface Report: means a report or other infonnation identifying the location of utilitiest concealed and
adjacent structures and physical obstructions which fall within the influence of the Work.
Superintendent: means the Contractor's authorized representative in responsible charge of the Work.
Surety: means the persont partnership or corporationt other than the Contractor, licensed in Ontario to
transact business under the Insurance Actt R.S.O. 1990t c.l.8t as amended, executing a bond provided by
the Contractor.
Tender:' means an offer in writing from the Contractor, submitted in the fonnat prescribed by the Owner,
to complete the Work.
Time and Material: means costs calculated according to clause GC 8.02.04t Payment on a Tme and
Material Basis. Where "Cost Plus" and "Foroe Accounr are used they shall have the same meaning.
PIIge ..
OPS 0enMI COIIdIiolIl 01 ConIract. SepfMIber 1889
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Utility: means an aboveground or underground facility maintained by a municipalityt public utility authority
or regulated authority and includes services such as sanitaly sewert storm sewer, watert electrict gast oilt
steam, data transmission, telephone and cable television.
Warranty Period: means the period of 12 months from the date of Substantial Performance or such
longer period as may be specified for certain Materials or some or all of the Work. Where a date of
Substantial Performance is not establishedt the Warranty Period shall commence on the date of
Completion.
Work: means the total construction and related services required by the Contract Documents.
Working Area: means all the lands and'easements owned or acquired by the Owner for the construction
m the Work. .
Working Day: means any DaYt
a) except Saturdays, Sundays and statutory holidays;
'b) ., except a' Day as determined' bY 'the ContraclAdministrator; 'on"Which'the-:Contractor -is prevented by
" inclement weather or conditions resulting immediately1herefrom,tfrom proceeding -with. a--Controlling
'Operation. . For the purposes m this definition, this will be a Day during'whictr the Contractor cannot
proceed with at least 60% of the normal labour and equipment force effectively engaged on the
Controlling Operation for at least 5 hours;
c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as
determined by the Contract Administrator by reason of,
i. any breach of the Contract' by the Owner or if such prevention is due to the Owner, another
contractor hired by the 'Ownert or 'an' employee of anyone of them, or by, anyone else acting on
behalf of the Owner.
ii. on-delivery of Owner-supplied materialst
iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the
Contractor to the satisfaction of the Contract Administrator.
Working, Drawings: or Working Plans: . means any Drawings or Plans prepared by the Contractor for the
execution of the Work and may, without limiting the generaflty thereoft include falsework planst Roadway
protection planst shop drawings, shop plans or erection diagrams.
GC 1.05
Substantial Perfonnance
.01 The Work is substantially performedt
a) when the Work to be performed under the Contract or a substantial part: thereof is ready for use
or is being used for the purpose intended; and
b) when the Work to be performed unclertheContractis'capable-of-completionort where there is a
known defect, the cost of correction, is not more than
i. 30/0 of the first $500tOOO of the Contract pricet
ii. 2% of the next $5OOtOOO of the Contract price, and
iii. 1 % of the balance of the Contract price.
.02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is
being used for the purposes intended and the remainder of the Work cannot be completed
expeditiously for reasons beyond the control of the Contractor ort where the Owner and the
Contractor agree not to complete the Work expeditiouslyt the price of the services or materials
remaining to be supplied and required to complete the Work shall be deducted from the Contract
price in determining Substantial Performance.
OPS 0...1 CondIIoM d Conncl. 8epI8mbef 1_
P8ge 5
GC 1.06
Completion
.01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correction of a known defect or last supply is not
more ~n the lesser oft
a) 1% of the Contract price; or
b) $1,000.
GC 1.07
Final Acceptance
.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that timet the Contractor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract. .
GC 1.oa
Interpretation of Certain Words
.01"J)1e words "acceptable", "approval", "authorized", "considered necessary", "directed", "required",
,,:~~~satisfactory" or words of like import. shall mean approval of, directed, required, considered
' -' necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the
context clearly indicates otherwise.
"... '::".~: . .:".,
,,'''"'!:-,:.,-'.
PIIge 6
0P8 o.n.r.I COllclllo.. at ContrIICt . SepIember 1_
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SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with
the following limitations or exceptions:
a) The location of all mainline underground utilities which will affect the WorK will be shown to a
tolerance of:
i. 1 rn horizontal and
ii. 0.3 m vertical
b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface
Report available for the perusal of the Contractor and excluded from the Contract Documents; and
c) Other infonnation specifically excluded from this warranty.
GC 2.02
Order of Precedence
.01 In the event of any inconsistency or conflict in the contents of the .toIlowing documentst such
documents shall take precedence and govern in the following order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) Working Drawings
later dates shall govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the information shown on Orawingst the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall govern where they olffer from dimensions scaled
from the same drawing;
b) Drawings of larger scale shall govern over those of smaller scale;
c) Detailed Drawings shall govem over general Drawings; and
d) Drawings of a later date shall govern aver those of an earlier date in the same series.
.03 In the event of any conflict in the contents of Standard Specifications the following order of
precedence shall govern:
a) Ontario Provincial Standard Specifications; then
b) Other Standard SpecificationSt such as those produced by CSA, CGSBt ASTM and ANSlt and
referenced in the Ontario Provincial Standard Specifications.
.04 The Contract Documents are complementaryt and what is required by anyone shaH be as binding as
if required by all. "
OPS 0ener8I ConcIItIons d Connc:t.~ 1899
"'7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3,01
Contract Administrator's Authority
.01 The Contract Administrator will be the Owner's representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever
is later. All instructions to the Contractor including instructions from the Owner will be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its confonnity with the plans and specifications,
agel to record the necessary data to establish payment quantities under the schedule of tender
qUantities and unit prices or to make an assessment of the value of the work completed in the case of
(~ump sum price contract.
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,04 "The Contract Administrator will determine the amounts owing to the Contractor under the Contract
and will issue certificates for payment in such amounts as provided for in Section GC 8.0t
Measurement and Payment
.05 The Contract Administrator will with reasonable promptness review and take appropriate action upon
the Contractor's submissions such as shop drawingst product datat and samples in ac:cortfanc8 with
the Contract Documents.
.06 The Contract Administrator will investigate all allegations of a change in the character of the Work
made by the Contractor and Issue appropriate instructions.
.07 The Contract Administrator will prepare Change Directives and Change Orders.
,08 Upon Written apprlC8tion by the Contractort the Contract Administrator and the Contractor will joinUy
conduct an inspection of the Work to establish the date of Substantial Perfonnance of the Work
, and/or the date of Completion of the Work.
.09 The Contract Administrator will be, in the first instancet the interpreter of the Contract Documents and
the judge of the performance thereunder by both parties to the Contract. Interpretations and
deC:isions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and in making these decisions the Contract Administrator will not show partiality to either party.
.~ ~.
.10 The Contract Administrator Will have the authority to reject part of the Work or Material which does
not canfonn to the Contract Documents.
.11 Defective work. whether the result of poor workmanshipt use of defective material, or damage
through carelessness or other act or omission of the Contractor and'whether incorporated in the Work
or not, which has been rejected by the Contract Administrator as failing to confonn to the Contract
Documents shall be removed prompUy from the Work by the Contractor and replaced or re-executed
promptly in accordance with the Contract Documents at no additional cost to the Owner.
.12 Any part of the Work destroyed or damaged by such removalst replacements or re-executions shall
be made goodt prompUyt at no additional cost to the Owner.
.13 1ft in the opinion of the Contract Administratort it is not expedient to correct defective work or work not
performed in accordance with the Contract Documents. the Owner may deduct from monies
otherwise due to the Contractor the difference in value between the work as performed and that
called for by the Contract Admin~.
P8ge'
OPS GenetaI Condlllonl ~ ConIr8c:t - ___,_1-
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.14 Notwithstanding any inSIM!COOns made by the Contract Administrator or the issuance of any
certificates or the making of any payment by the Owner, the failure of the Contract Administrator to
reject any defective work (II" Material shall not constitute acceptance of defective work or Material.
.15 The Contract Administrator will have the authority to temporarily suspend the Work for such
reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's
construction layout or thl! inspection of any portion of the Work. There shall not be any extra
compensation for the sus~ension of work.
GC 3,02
Worldng Drawings
.01 The Contractor shall arrallge for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Documents.
.02 The Contractor shall submit Working DrawingS to the Contract Administrator with reasonable
promptness and in ordert). sequence so as to not cauSe delay inthe,Work. ',If~theContractor or
the Contract Administratcll" so requests they shaljoinUyprepareaschedute fixing the dates for
submission and retum of Working Drawings. Working Drawings shaH. be submitted in printed fonn.
At the time of submission the Contractor shall notify the Contract Administrator in writing of any
deviations from the Contract requirements that exist in the Working Drawings.
.03 The Contract Administrat)r will review and return Working Drawings in accordance with an agreed
upon schedule, or otherwise, with reasonable promptness so as not to cause delay.
.04 The Contract Administra1or's review will be to check for conformity to the' design 'concept and for
general arrangement onl)' and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Workirlg Drawings or of responsibility for meeting all requirements of the Contract
Documents unless a devhtion on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Contractor shall ma~e any changes in Working, Drawings which the Contract. Administrator may
require consistent with 1he Contract Documents and resubmit unless otherwise directed by the
Contract Administrator. 'M1en resubmitting, the Contractor shaUnotify the Contract Administrator in
writing 'of any revisions other than those requested, by the Contract Administrator.
.06 Work related to the Wo'king Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator and marKed with the words "Reviewed. Pennission
to construct granted."
.07 The Contractor shaH keel) one set of the revieWed Working Drawings; marked as abovet at the site at
all times.
GC 3,03
Rig ht of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shallt when requested in writingt make alterations 'In the method, Equipment or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafet or
damaging to either the ,^'ork or existing facilities or the environment
.02 The Contractor shallt when requested in writingt alter the sequence of its operations on the Contract
so as to avoid interference with work being perfonned by others.
.03 Notwithstanding the fore~oingt the Contractor shall ensure that all necessary safety precautions and
protection are malntainecl throughout the Work.
OPS 0enMI Condlllonl 01 Connc:t ,SePWnber t.
PIIge 8
GC 3.G4
Emergency Situations
~.,
.01 The Contract Administrator has the right to determine the existence of an emergency situation, and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely actiont or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contractor's expense. If the emergency situation was not the fault of the Contractort the Owner will
pay for the remedial work.
GC 3.05
Layout
, ..
.01.' The Contract Administrator will provide baseline and benchmark infonnation for the generallocationt
. .~nment and elevation of the Work. The Owner will be responsible only for the correctness of the
.' "iformation provided by the Contract Administrator. .
".... .
GC 3.0& Working Area
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.01 The COntractor's sheds. site offices, toilets, other temporary structures and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition
alaD times.
.02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor
require more space than that shown on the Contract Drawingst the Contractor shall obtain such
space at no additional cost to the OWner.
.03 The Contractor shall not enter upon or occupy any private property for any purposet unless the
Contractor has received prior written permission from the property owner.
GC 3.07
extension of Contract TIme
.01 An application for an extension of Contract Time shall be made in writing by the Contractor to the
. Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days
prior to the expiration of the Contract Time. The application for an extension of Contract Time shalluenumerate the reasons, and state the length of extension required.
.02 .Circumstances suitable for consideration of an extension of Contract Time. include the following:
a) Delays; See subsection GC 3.08. .
b) Changes in the Work; See clause GC 3.11.01.
c), Extra Work; See clause GC 3.11.02.
dj Additional Work; See clause GC 3.11.03.
.03 The Contract Administrator wilt in considering an application for an extension to the Contract Time,
take into account whether the delaYSt Changes in the Work, Extra Work or Additional Work involve a
C0ntr0lIing Operation.
.04 The Contract Time shall be extended for such additional time as may be recommended by the
Contract Administrator and deemed fair and reasonable by the Owner.
.05 The terms and conditions of the Contract shall continue for such extension of Contract Time.
Pege10
OPS 0eneI'II Cond~ II Connct. September 1889
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GC 3.08
Delays
.01 If the Contractor is delayed in the perfonnance of the Work by,
a) wart blockadest and civil commotionst errors in the Contract Documents; an act or omission of the
Owner or Contract Administratort or anyone employed or engaged by them directly or indirectly,
contrary to the provisions of the Contract Documents;
b) a stop work order issued by a court or public authorityt provided that such order was not issued as
the result of an act or omission of the Contractor or anyone employed or engaged by the
Contractor directly or indirectly;
, c) the' Contract Administrator giving notice under subsection.GC -7.09,- Suspension of Work;
d) abnormal inclement weather; or
, e) 'archaeological finds in accordance with subsection GC 3,16,ArchaeoIogical Rndst
then the Contradorshall be reimbursed by the Ownerfor,reasonablecosts incurred by,the Contractor
as the result of such delay, provided that in the case of an application for an extension of Contract
Tune due to abnormal inclement' weather;"1he''COIttrac.tor-'shalt, 'with. the' Contractor's" application,
submit evidence from Environment Canada in support of suctl'application. ...Extension of Contract
Tl11le will be granted in accordance with subsection GC3;07, Extension ofContractTme.
.02 If the Work is delayed by labour disputes, strikes or Iock-outs - including Iock-outs decreed or
recommended to its members by a 'recognized contractor's association, of which, the Contractor is a
member or to Which the Contractor is otherwise bound - which are beyond the Contractor's controlt
then the Contract Tme shan 'be' extended' irr accordance with' subsection GC. 3,07; 'Extension of
Contract Time. In no case shall the extension of Cpntract Time be less' than the time lost' as the
result of the event causing the delay, unless a shortet extension' is agreed to by the Contractor; , The
Contractor shall nolbe entitled to payment for costs incurred as the result ofsuch delays unless such,
delays are the result of actions by the Owner.
GC 3.09
Assignment of Contract
.01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of
the Owner.
GC 3.10
Subcontracting by the Contractor
, .01 The Contractor may subcontract any part of the Work; subject to these General Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Adrninistrator, in writingt' otthe'intention-to subcontract. Such
notification shall identify the part of the Wo~ and the SUbcontractor with whom it is intended.
.03 The Contract Administrator will, within 10 Days' of receipt of such notificatiOn.. accept or reject the
intended Subcontractor. The rejection. will be 'in writing.and win include the reasons for the rejection.
.04 The Contractor shall not. without the written consent of the Owner, change a Subcontractor- who has
been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor.
.05 The Contractor shall preserve arid protect the rights of the parties under the Contract with respect to
that part of the Work to be perfonned under subcontract and shallt
a) enter into agreements with the intended Subcontractors to require them to perform their work in
accordance with the Contract Documents; and
b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and
of persons directly or indirectly employed by them as for acts and omissions of persons directly
employed by the Contractor.
OPS o.n..I Condllona of ContrKt. SeptMlber 1_
P8ge 11
-. . . .
.06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the
Contractor from any obngation under the Contract and shall not impose any liability upon the Owner.
Nothing contained in the Contract Documents shall create a contractual relationship between a
Subcontractor and the Owner.
GC 3.11
GC 3,11.01
Changes
Changes in the Work
.01 . The Ownert or the Contract Administrator where so authorizedt may, by order in writing, make a
Change in the Work without invalidating the Contract. The Contractor shall not be required to
proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such
Change Directive the Contractor shaH proceed with the Change in the Work.
.02 .,,1lJe Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3:07. Extension of Contract Tme.
.031f,ithe Changes in the Work relate solely to quantities, payment for that part of the Work will be made
-aCcording to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the
Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to
subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the
conditions contained in clause GC 8.02.04, Payment on a Tme and Material Basis.
GC.~.11.o2
, Extra Work
.01 The Ownert or Contract Administrator where so authorizedt may instruct the Contractor to perform
Extra Work without invalidating the Contract. The Contractor shaH not be required to proceed with the
Extra Work untif in receipt of a Change Directive. Upon receipt of such Change Directive the
Contractor shall proceed with the Extra Work.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3.07t Extension of Contract Tune.
.03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediationt or payment may be made according to the conditions contained in clause
GC 8,02.04t Payment on a Tme and Material Basis.
GC 3.1.1.G3
Additional Work
.
.01 ~ Ownert or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional
Workt the Contractor shall proceed with such Additional Work upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3.07t Extension ofContractTme.
.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claimst
Negotiationst Mediationt or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Tme and Material Basis.
GC 3.12
Notices
.01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in
respect of the Work shall be deemed to have been given to and received by the addressee on the
date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of
mailing if sent by maif.
P8ge 12
OPS GenenII CoIICItIona d ConIrKt. SepIember 1_
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.02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone
numbers and facsimile tenninsl numbers for the Contract Administrator and the Superintendent at the
commencement of the Work.
.03 In the event of an emergency situation or other urgent matter the Contract Administrator or the
Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2
Days.
'.04 .Any noticepennitted or required to be given to the Owner or the Contractor shaH be given in
'accordance with the notice provision of the Contract.
GC 3.13
Use and Occupancy of the Work Prior to Substantial Perfonnance
.01 Where it is not contemplated elsewhere in'the Contract Documents; the Owner may use or occupy
the Work or any part thereof prior to Substantial"Performance; provided.that, at least 30 Dayst written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part thereof by'theOWnerpriortoSubstantial Performance
shaD not constitute an acceptance of the Work or parts so occupied. In'additiont the use or
occupancy of the Work shaUnot telieve the Contractor or the Contractor's SUrety from any fl8bility
that has arisent or may arise,from the performance'oftheWork'in'ac:cordance'with'theContrBd
Documents. The Owner wiD be responsible for any damage that occurs because of the Owner's use
or occupancy. 'Such use'or,occupancy of any part of the Work by the Owner does not waive the
'Owner's right to charge 'the' Contractor 'liquidated damages in accordance with thetenns of the
Contract
GC 3.14
GC 3,14.01
Claims, Negotiations, Mediation
Continuance of the Work
.01 Unless theContrad has been tenninatedor completedt the Contractor shall in every case, after
serving or receiving any notification of a claim or dispute; 'verbal or written, continue to proceed with
the Work with'dUe diligence and, expedition. It is understood by..the parties that such .action will not
jeopardize any claim it may have. .
GC 3,14.02
Record Keeping
.01 Immediately upon commencing work wh1ch may result' in a claim, the Contractor shall keep Daily
Work Records during the course of the.Work. sufficient to substantiate the Contractor's claim, and the
Contract Administrator will keep Dally WortfRecords.to-be used in'assessing1he Contractor's claim,
all in accordance with clause GC 8.02.07, Records.
.02 The Contrador and the Contract Administrator shall reconcile their respective Daily Work Records on
a daily 'basist to simplify review of the claimt'when submitted.
.03 The keeping of Daily Work Records by the Contrad Administrator or the reconciling of such Daily
Work Records with those of the' Contractor shall not be construed to be acceptance of the claim.
GC 3,14.03
Claims Procedure
.01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional
payment immediately upon becoming aware of the situation.
.02 The Contractor shan provide written notice in the standard form "Notice of Intent to Claim" within 7
Days of the commencement of any part of the Work which may be affected by the situation.
OPS GenerII Condlllona d COnIrK:t - SepIIember 1_
Page 13
.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the work affected by the situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises;
b) state the groundst contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing
from the Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claimt the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested infonnation
within 30 Days of receipt of such request
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractort
in writingt of the Contract Administrator's opinion with regard to the validity of the claim.
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GC3J14.04 Negotiations
....:~., -
.01 ~The parties shall make aU reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, infonnation, and
documents to facilitate these negotiations.
,02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to
.' any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to
resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed
that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04,
Payment on a Time and Material Basis, the parties shall proceed in ac:c:ordance with clause GC
3.14.05t Mediation, or subsection GC 3.15t Engineering Arbitration.
GC 3.14.05
Mediation
.01 If a claim is nOt resolved satisfactorily through the negotiation stage noted in clause GC 3.14,04,
Negotiations, within a period of 30 Days foIowing the opinion given in paragraph GC 3,14,03,05, and
the Contractor wishes to pursue the issue furthert the parties mayt upon mutual agreement, utilize the
services of an independent third party mediator.
.02 The mediator shall be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shan
/~ with the parties together and separately, as necessary, to review all aspects of the issue. In a
' final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration
the mediator shall providet without prejudicet a non-binding recommendation for settlement
.04 The review by the mediator shall be completed within 90 Days following the opinion given in
paragraph GC 3.14.03.05.
.05 Each party is responsible for its own costs related to the use of the third party mediator process. The
cost of the third party mediator shan be equally shared by the Owner and Contractor.
GC 3.14.06
Payment
.01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or
dispute. Such payment will be made according to the teRns of Section GC 8.0t Measurement and
Payment
Pege14
OPS GenenlI COIIC1tioM 01 Contract . Sepeember 1_
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GC 3.14.07
Rights of Both Parties
.01 It is agreed that no action taken under this subsection GC 3.14, Claimst Negotiationst Mediationt by
either party shall be construed as a renunciation or waiver of any of the rights or recourse available to
the partiest provided that the requirements set out in this subsection are fulfiUed.
GC 3,15
GC 3.15,01
Engineering Arbitration
Conditions for Engineering Arbitration
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04t
Negotiationst or the mediation stage noted in clause GC 3.14.05, Mediationt either party may invoke
the provisions 'of subsection GC 3;15t Engineering Arbitration, by giving written notice to the other
party.
.02 Notification that arbitration shall be implemented to resolve the issue shall be 'communicated in writing
as soon as possible and 'no Iaterthan"60"Days"following"1he'-opinion"given in paragraph GC
3.14.03;05. Where the use of a third party mediator wasimplementedrnotification shall be within 120
Days of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991t c.17, as amended, shall apply to
.any arbitration conducted hereunder except to the extent that they are modified by the express
provisions of this subsection GC 3.15t Engineering Arbitration.
GC3.15,02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right of appeal 'as exist where the arbitrator has exceeded 'his or her jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions in respect of the matters under arbitration will 'be 'stayed pending arbitration;
b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement
Only such claims and matters as are in the schedule Will be arbitrated; and
c) Before proceeding with the arbitrationt the Contractor Shall continn that all matters in dispute are
set out in the schedule.
GC 3.15.03
Appointment of Arbitrator
.01 The arbitrator shall be mutually agreed uponby1heOWnerand Contractoctoadjudicate the dispute.
.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute
of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall
not be employed by either party.
.05 The arbitrator may appoint independent experts and any other persons to assist him or her.
OPS GeneqJ CondltIons d Contr8d. Sepeember 1_
PeDe 15
.06 The arbitrator is not bound by the rules of evidence which govern the bial of cases in court but may
hear and consider any evidence which the arbitrator considers relevant
.07 The hearing will commence within 90 Days of the appointment of the arbitrator.
GC 3,15.04
Costs
.01 The arbitrator's fee shall be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shared equally by the Owner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event
the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate
facilities shall be shared equally by the Owner and the Contractor.
':..:~:.. ;'lft!'-..
.04 ' The arbitrator maYt in his or her discretiont award reasonable costst related to the arbitration.
GC 3.15.05
The Decision
.01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be granted with consent of both parties. Payment shall be
made in accordance with clause GC 3.14.06, Payment
GC 3.16
Archaeological Finds
.01 If the Contractor's operations expose any items which may indicate an archaeological find, such as
building remainst hardwaret accumulations of bones, pottery, or arrowheadst the Contractor shall
immediately notify the Contract Administrator and suspend operations within the area Identified by the
Contract Administrator, Notification may be verbal provided that such notice is confinned in writing
within 2 Days. Work shan remain suspended within that area until otherwise directed by the Contract
Administrator in writing, in 8ccordance with subsection GC 7.09, Suspension of Work.
.02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01.
, .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra
.;. ~ork in accordance with clause GC 3.11.02, Extra Work.
,.',-0:.
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Pege 16
OPS GenerIII Condlllona of Connct . SeptImber 1881
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SECTION GC 4.0 - OWNER'S RESPONSIBILmES AND RIGHTS
GC 4,01
Working Area
.01 The Owner will acquire all property rights which are deemed necessary by the Owner for the
construction of the Work, including temporary working easements, and will indicate the full extent of
the Working Area on the Contract Drawings.
.02 The Geotechnical Report and,Subsurface Report'which'will be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings.
GC 4.02
Approvals and Pennlts
.01 The Owner will pay for all plumbing and building permits.
.02 The Owner will obtain and pay for all, permits, licenses ,and ,certificates:.soJely.requiredfor Project
approval. ' '
GC 4.03
, Management and Disposition of'Materials
.01 'The Owner will identify In the Contract Documents the materials to be moved within or removed from
the Working Area, and any characteristics' of those materials, which will necessitate special materials
management and disposition.
" '.02 Inaccordance'With1'egulationsunderthe Occupational Health and-Safety Act; RS.O.1990; c.0.1,. as
amended, the OWner advises that
a) the designated substances S11icat lead and arsenic are generally present throughout the Working
Area occurring naturaly or as a result of vehicle emissions;
b) the designated substance asbestos is present in asbestos conduits for utifJties;
c)'the'fOIlowing 'hazardous.materials are ,ordinarilY present in construction: activities:' limestone,
gypsum, marble, mica and PorUand cement; and ,
d) exposure'to 1hese substances may occur as 'a result of activities by the Contractor such as
sweepingt grinding, crushing, drillingt blasting; cutting and abrasive blasting.
.03 The Owner will identify in the Contract' Documents any designated substances or hazardous
materials other than those identified above and their location In the Working Area.
.04 If the Owner or Contractor discovers or, is advised ,of ,the' presence, ,of ,designated substances or
hazardous,materials which are in addition to those listed ,in ,paragraph' GC, 4.03.02, or not clearly
identified in the 'Contract' Documentsacrcordlng.,tO',paragraph.'GC'4J)3:03;1hen:verbal notice will be
provided to the other party immediately with written confirmation-within '2 Days. 'The Contractor will
stop work in the area 'immediately and will determine the necessary, steps required to complete the
work in accordance with applicable legislation and regulation.
.05 The Owner will be responsible for any reasonable' additional COSts of removingt managing and
disposing of any material' not Identified in the Contract Documents, or where conditions exist that
could not have been reasonably foreseen at the, time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
.06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products
controlled under the Workplaoe Hazardous Materials Information System or WHMISt which the
Owner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for
these products. All containers used in the application of products, controlled under WHMIS shall be
labelled. The OWner will notify the Conti actor In writing of changes to the 1st and provide relevant
Material Safety Data Sheets.
OPS GenereI Condlllonl of ConIr8ct . SepIIrnber 1.
Pege 17
GC 4.04
Construction Affecting Railway Property
.01 The Owner will pay the costs of all flagging and other traffic control measures required and Provided
by the railway company unless such costs are solely a function of the Contractor's chosen method of
completing the Work.
GC 4.05
Default by the Contractor
.01 The Contractor shall be in default of the Contract if,
a) the Contractor fails to commence the Work or execute the Work properly or otherwise fails to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency. '
Gc; .~~~ Notification of Default
. : -~~~~.~.
.01.iihe Owner will give written notice of a default to the Contractor as soon as the Owner becomes
aware of the aReged default but failure to give such notice in a timely way shall not constitute
condonation of the default. The notice will include instructions to correct the default within 5 Working
Days.
GC 4.07
Contractor's Right to Correct. Default
.01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of
default to correct the default and provide the Owner with satisfactory proof that appropriate corrective
measures have been taken.
.02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of
the notice, the Contractor shaD not be in default if the Contractort
a) commences the correction of the default within the 5 fuU Working Days following receipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correction; and
c) completes the correction in accordance with such schedule.
GC 4.08
Owner's RIght to Correct Default
.01 If the Contractor fails to correct the default within the time specified in subsection GC 4,01,
'. ,~~r's Right to Correct a Default, or SUbsequenUy agreed upont the Owner, without prejudice to
_,,-,yother right or remedy the OWner may havet may c::orrect such default and deduct the cost thereoft
as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor.
GC 4.09
Tennlnatlon of Contractor's Right to Continue the Work
,01 Where the Contractor fails to correct a default within the time specified In subsection GC 4.07,
Contractor's Right to Correct a Default, or subsequenUy agreed upon, the OWner, without prejudice to
any other right or remedy the Owner may have, may tenninate the Contractor's right to continue the
Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner tennlnates the Contractor's right to continue with the Work in whole or in part, the Owner
wll be entitled to,
a) take possession of the Working Area or that portion of the Working Area devoted to that part of the
Work terminated;
b) utilize the Equipment of the Contractor and any Material within the Working Area which is Intended
to be incorporated into the Workt the whole subject to the right of third parties;
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;
Pege1.
OPS GeneNI Condlllo.. d ConInIc:t. September ,_
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d) charge the Contractor the additional cost over the Contract price of completing the Work or portion
thereof withdrawn from the Contractort as certified by the Contract Administrator and any
additional compensation paid to the Contrad Administrator for such additional service arising from
the correction of the default;
e) charge the Contractor a reasonable allowancet as detennined by the Contract Administratort to
cover correction to the Work perfonned by the Contractor that may be required under subsection
GC 7.15, Warranty;
f) charge the Contractor for any damages the Owner may have sustained as a result of the default;
and
g) charge the Contrador the amount by which the cost of corrections to the Work under subsection
. GC 7.15t Warranty, exceeds the allowance provided for such corrections.
GC4.10
Final Payment to Contractor
.01 If the Owner's cost to correct and complete the 'Work in ,whole or in part is less than the amount
withheld from the Contractor under subsection" 'GC ,4.09t' Tennination,ot.,Contractor's Right to
Continue the Work,' the Owner will pay the 'balance to 'the" Contractor as"soc)n;llS the final accounting
for the Contrad is complete.
GC 4,11
Tenninatlon of the Contract
.01 Where the Contractor is in default of the Contrad the Owner may, without prejudice to any other right
or remedy the Owner may have, 'terminate 'the Contract by gMngwritten notice of termination to the
Contractor, the Surety and 'any trustee-or receiver acting on behalf of ' the Contractor's estate or
creditors.
.02 If the Owner elects to terminate the Contrad the Owner will provide the Contractor and the trustee or
receiver with a complete accounting to the date of termination.
GC 4,12
Continuation of Contractor's Obligations
.01 The Contractor's obligation under the Contrad as to quality; correction and warranty of the Work
performed prior to the time of termination of the Contract or termination of the Contractor's right to
continue with the Work in whole or in part shall continue to be in force after such termination.
GC4.13
Use ofPerfonnance Bond
.01 If the Contractor is in default of the Contract and the Contractor'has'provided a Performance Bond,
the provisions of this Section shall be exercised'in accordance with the conditions of the pedormance
Bond. ._'"
OPS General ConcIItIons of Connct . SeptIImber ,..
P8ge '8
GC 5.01
SECTION GC 5.0 - MATERIAL
Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Ownert shall be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to include full compensation for the supply of such Material.
GC 5.02
Quality of Material
.01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract
Documents.
.02 Material supplied by the Contractor shall conform to the requirements of the Contract.
.03 ,As specified or as requested by the Contract Administrator, the Contractor shall make available for
~jospection or testing a sample of any Material to be supplied by the Contractor.
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...'w'.!'"<*o
.04~The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the
Material manufacturer or supplier to cany out such inspection, sampling and testing as specified or a
< requested by the Contract Administrator.
.05 The Contractor shaD notify the Contract Administrator of the sources of supply sufficiently in advance
, ,of the Material shipping dates to enable the Contract Administrator to perform the required inspection,
'sampling and testing.
.06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor
fails to give sufficient advance notice to the Contract Administrator to enable the Contract
Administrator to cany out the required inspection, sampling and testing before the scheduled shipping
date.
.07 The Contractor shall not change the source of supply of any Material without the written authorization
of the Contract Administrator.
.08 Material which is not specified shall be of a quality best suited to the purpose required and the uSe of
such Material shall be subject to the approval of the Contract Administrator.
GC5~
,~.
Rejected Material
.~"-
.01 R6jected Material shall be removed from the Working Area expeditiously after the notification to that
effect from the Contract Administrator. Where the Contractor fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
disposed of in what the Contract Administrator considers to be the most appropriate manner and the
Contractor shall pay the costs of disposal and the appropriate overhead charges.
GC 5.04
Substitutions
.01 Where the specifications require the Contractor to supply a Material designated by a trade or other
name, the Tender shall be based only upon supply of the Material so designatedt which shall be
regarded as the standard of quarlty required by the specification. After the acceptance of the Tendert
the Contractor may apply to the Contract Administrator to substitute another Material identified by a
different trade or other name for the Material designated as aforesaid. The application shall be in
writing and shall state the price for the proposed substitute Material designated as aforesaid, and
such other information as the Contract Administrator may require.
Page 20
OPS Genenll CondItIot. 01 Connct - SepIember ,_
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.02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
approval or rejection of a, proposed substitution will be made at the discretion of the Contract
Administrator.
.03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the
, ' Contractor in writing or by issuance of a Certificate of' Equality on the Owner's standard fonn of
wCertification of Equality'" and' if any adjustment to the' Contract price' is made by reason of such
substitution a Change Order shall be issued as well.
GC 5.05
GC 5.05.01
Owner Supplied Material
Ordering of Excess Material
.01 Where Material is supplied by the Owner and where this Material,is;ordereckby the Contractor in
excess of the amount specified to complete the Work;.:.such.:excess..Material shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 5.05.02
Care of Material
,01 The Contractor shallt in, advance of receipt of shipments of Material ,supplied by the,Ownert provide
, adequate and proper storage facilities acceptable to the Contract Administrator. and on the receipt of
such Material shall promptly place it in storage except where it is to be incorporated forthwith into the
Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Ownert at the
specified delivery point and for its safe handling and storage. If such Material is damaged while
under, the control of the Contractor it shall be repJaced or repaired by the Contractor at no expense to
the Ownert and to the satisfaction of the Contract Administrator. If such Material is rejected by the
Contract Administrator for reasons which are not the fault of the 'Contractor it shaH remain in the care
and at the risk of the Contractor until its disposition has been detennined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are discrepancies between the quantities received'and;-the ,:quantitiesshown on the bills of
Iadingt the Contractor shall immediately"report,such damage'or discrepancies to the Contract
Administrator who shall arrange for an'immediate' inspection "of,the'.:shipment and provide the
Contractor with a written release from responsibility for such damage or"deficiencies. Where damage
or deficiencies are not so reported it will be assumed that the' shipment arrived in good order and any
damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material
shall nott except with the written permission of the Contract Administratort be used by the Contractor
for purposes other than the performance of the Work under the Contract.
.05 Empty reelst cratest containers and other type of packaging from Material supplied by the OWner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract
Documents.
OPS General Condltlona cf Connc:t - SepfM1ber 1889
Pege 21
.06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment,
copies of bills of ladingt or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shall, at no extra cost to the Ownert immediately upon commencement of operationst
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge
of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no
extra cost to the Owner.
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PIge 22
OPS GenerII Condltlonarl ConInlc:t. September 1_
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SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
Protection of Work, Persons and Property
.01 The Contractort the Contractor's agents and all workers employed by or under the control of the
Contractor, including Subcontractorst shall protect the Work, persons and property from damage or
injury, and shall be responsible for all losses and damage which may arise as the result of the
Contractor's operations under the Contract unless indicated to the contrary below.
.02 The Contractor is responsible for the full cost of any necessary temporary provisions and the
restoration of all damage where the Contractor damages the Work or property in the performance of
the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property
the Contractor shall restore such damage, and such work shall be administered according to these
General Conditions.
.03 The Contractor shall immediately inform ,the"Contract Administrator of all~damage and injuries which
occur during the tenn of the Contract.
.04 The Contractor shall not be responsible for loss and damage that occurs as a result oft
a) war;
b) blockades and ciYU commotions;
c) errors in the Contract Documents; or
d) acts or omissions of the OWner, the Contract Administrator, their agents and em~, or others
not under the control of the Contractor, but within the Working Area with the Owner's pennission.
.05 The Contractor and his Surety or Sureties ,shall not be released from any tenn or provision of any
responsibilityt obligation or f1ability under the Contract or waive or impair any of the rights of the
Owner except by a release duly executed by the Owner.
GC 6.02
Indemnification
.01 The Contractor shall indemnify and hold hannless the Owner and the' Contract Administrator, their
agentst officers and employees from and against all claims, demands, Iossest expenses, costs,
damagest actions, suits or proceedings by third partiest hereinafter called RclaimsR, directly or
indirectly arising or alleged to arise out of the performance of or the failure to perform the Work,
provided such claims aret
a) attributable to bodily injury, sickness, diseaset or death or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissions of the; Contractor or anyone~for;whose acts the Contractor
may be liable; and
c) made in writing within a period of 6 years from the date of Substantial'Perfonnance of the Work as
set out in' the Certificate of Substantial Perfonnance of the Wort ort where so specified in the
Contract from the date of certification of Rnal Acceptance.
.02 The Contractor shall indemnify and hold hannJess the Owner from all and every claim for damagest
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work perfonned or Material fumished by the Contractor under the
Contract.
.03 The Owner expressly waives the right to indemnity for claims other than those stated above in
paragraphs GC 6.02.01 and GC 6.02.02.
.04 The Owner shall Indemnify and hold hannless the Contractor, his agents, officers and employees
from and against aU c1aimst demandst Iossest expenses, Costst damagest actionst suits, or
proceedings 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 Working Area.
OPS Gentnl CondIUonl 01 Connct - 8epI8mber '899
PIIge 23
.05 The Contractor expressly waives the right to indemnity for claims other than those stated above in
paragraph GC 6.02.04.
GC 6,03
. GC 6.03.01
Contractor's Insurance
General
.01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide,
maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in ctauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so
specified in the Contract Documents.
GC 6.03.02
General Uabllity Insurance
.01 General liability insurance shall be in the name of the Contractort with the Owner and the Contract
. Mlministrator named as additional insureds, with limits of not less than 5 million dollars Inclusive per
~rrence for bodily injury, death, and damage to property including loss o(use thereof, with a
:p,ijlperty damage deductible of not more than $5000. The form of this inSurance shall be the
I~surance Bureau of Canada Form IBC 21 OCt dated 8-87.
.02" Another form of insurance equal to or better than that required in IBC Form 2100 may be used,
provided all the requirements listed in the Contract are inctuded. Approval of this insurance win be
conditional upon the Contractor obtaining the services of an insurer lcensecl to underwrite insurance
in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required
insurance.
.03 The Insurance shall be maintained continuously from the commencement of the Work until 12 months
following the date of Substantial Perfonnance of the Work, as set out in the Certificate of Substantial
Performance of the Work, or until the Final Acceptance Certificate is issuedt whichever is later, and
with respect to completed operations coverage for a period of not less than 24 months from the date
of FU'lal Acceptance of the Work as set out in the Final Acceptance Certificatet and thereafter to be
maintained for a further period of 4 years.
.04, The Contractor shall submit annually to the Owner, proof of continuation of the completed operations
, coverage and If the Contractor falls to do SOt the Umitation period for claiming indemnity desaibed in
paragraph GC 6.02.01 c), will not be binding on the Owner.
.05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of
~ for blasting, or pile driving or caisson work. or removal or weakening ()f support Of property
~1ding or Iandt IBC Form 2100 as required shall include the appropriate endorsements.
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.06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in
advance of cancellation, change or amendment resbicting coverage.
.07 -Claims Made-Insurance policies will (lot be permitted.
GC 6.03.03
Automobile Uabllity Insurance
.01 Automobile liability insurance In respect of licensed vehicles shall have limits of not less than 5 million
dollars inclusive per occurrence for bodily Injury, death and damage to property, in the following forms
endorsed to provide the Owner with not less than 30 Days' written notice In advance of any
cancellationt change or amendment restricting coverage:
a) standard non-owned automobile policy including standard contractual liability endorsement, and
b) standard owner's form automobile policy providing third party liability and accident benefits
insurance and covering licensed vehicles owned or operated by the Contractor.
PIIge 24
OPS 0enIrII CondIions.ol Contract . SeplIember 1119
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GC 6.03.G4
Aircraft and Watercraft Uablllty Insurance
.01 Aircraft and watercraft liablity insurance with respect to owned or non-owned aircraft and watercraft if
used directly or indirectly in the performance of the Work, including use of additional premisest shall
be subject to limits of not less than 5 mllian dollars inclusive per occurrence for bodily injuryt deatht
and damage to property including loss of use thereof, and limits of not less than 5 million dollars for
aircraft passenger hazard. 'Such insurance shall be in a form acceptable to the Owner. The policies
shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of
cancellation, change or amendment restricting coverage.
GC 6,03.05
GC 6.03.05.01
Property and Boller Insurance
Property Insurance
.01, All risks property insurance shall be in the name of the,Contractor+with..the_Ownerand the Contract
Administrator named as" additional insureds, insuring 'not,Iess,.than"the';sum ,.of ,the ,amount of the
Contract price and the full value, as may..be,state<Lin .tbe...5upplementaLGeneraL.Conditions, of
, MateriaJthat is specified to be provicled by. the'Owner;'for~.incorporation.jnto, the Workt with a
deductible not exceeding 1 % of the amount insured at the site of the Work. This insurance shall be in
'a form acceptable to the Owner and shaD be maintained continuously until ,10 Days ,after the date ,of
Fmal Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6,03.05.02
Boller Insurance
'.01 "Boiler in$Urance insumg'the interests of the Contractor, the Owner'and the Contract Administrator for
not less than the replacement value of bolers and pressure vessels forming part.of the Work, shall be
in a form acceptable to the Owner. This insurance 'shall be maintained continuously from
commencement of use or operation of the property insured unbl 10 Days after the date of Final
Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03,05.03 '
Use and Occupancy of the Work 'Prior to Completion
.01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performancet the
Owner will give 30 'Days' written notice to the'Contractor of the intended purpose and extent of such
use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of
the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the
Owner's expense. If because of such use or occupancy' the 'Contractor is unable to provide
coverage, the Owner upon written notice fromthe.Contractor'andprior-Jo~ucb;useor,occupancy
shall provide,' maintain and pay for property and boiler insurance insuring lh&,fuD value of the Workt
including coverage for such use or occupancy, 'and shall, provide the -contractor with proof of such
insurance. 'The Contractor shall refund to the Owner the unearned premiums applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shan provide that, in the event of a loss or damaget payment shall be made to the Owner
and the Contractor as their respective interests may appear. The Contractor shall act on behalf of
both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is detennined the Contractor shall
proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party
under the Contract except that the Contractor shall be entitled to such reasonable extension of
Contract Time relative.to the extent of the loss or damage as the Contract Administrator may decide
in consultation with the Contractor.
OPS Gene,. Condlllona of Connc:t - 8eJ*mHr 1899
Pege 25
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entiUed to receive from the Ownert in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraisedt
such amount to be paid as the restoration of the Work proceeds and in accordance with the
requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be
entitled to receive from the paymen1s made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies except where such
amounts may be excluded from the Contractor's responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0t Measurement and
Payment
GC 6.03.06
Contractofs Equipment Insurance
.01 All risks Contractor's equipment insurance covering construction machinery and equipment used by
the Contractor for the performance of the Wor1c, including boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner and shan not allow subrogation claims
by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less
than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide pennlssion for the Contractor to grant prior releases with respect to damage to
the Contractor's Equipment
GC 6.03.07
Insurance Requirements and Duration
.01 Unless specified otherwise the duration of each insurance policy shall be from the date of
commencement of the Work until 10 Days after the date of Final Acceptance of the Wor1c, as set out
in the Final Acceptance Certificate.
.02 The Contractor shall provide the Ownert on a form acceptable to the Owner, proof of insurance prior
to commencement of the Wor1c, and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shan, on request, promptly provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the insurance. The certified true copy shall include a signature by an officer
of the Contractor and in additiont a signature by an officer of the insurer or the underwriter or the
broker.
.04 Where a policy is renewed the Contractor shall provide the Ownert on a form acceptable to the
Ownert renewed proof of insurance immediately following completion of renewal.
.05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts
under the policies.
.06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03t
Contractor's Insurancet or elsewhere in the Contract Documentst then the Owner will have the right to
provide and maintain such insurance and give evidence thereof to the Contractor. The Ownefs cost
thereof shall be payable by the Contractor to the Owner on demand.
Pege 28
OPS o.n..J Condltlona d Contnlct. September ,.
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.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date
on which the Owner made a fonnal demand for reimbursement of such costs the Owner may deduct
the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender
documents.
.02 Such bonds shall be lssued bya duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of
the Contract.
OPS General Condltlonl d Connc:t - SeplIImbef 1899
Page 27
SEcnON GC 7.0 - CONTRACTOR'S RESPONSIBIlITIES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the performance of
the Work are known.
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
'Contractor has received a written order to commence the Work, signed by the Contract Administrator.
.03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible
for construction means, methodst techniquest sequences and procedures and for coordinating the
various parts of the Work.
. 'C'f~,
.04 The Contractor shall have the sole responsibility for the designt erection, operation, 'maintenance and
. -,'!!'loval of temporary structures and other temporary facilities and the design and execution of
,; cOnstruction methods required in their use.
.05 'Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of construction in whole or
part, such faCIlities and methods shall be considered to be part of the design of the Work, and the
Contractor shall not. be held responsible for that part of the design or ,the specified method of
construction. The Contractor shaD, however, be responsible for the execution of such design or
specified method of construction in the same manner that the Contractor is responsible for the
execution of the Work.
.06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of
the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the wActj and Ontario Regulation
213/91 (which regulates Construction Projects) and any other regulations under the At;t (the
WRegulations, which may affect the performance of the Work, as the wconstructor" or Wemployer" t as
defined by the AD.. as the case may be. The Contractor shall ensure that
a) worker safety is given first priority in planning, pricing and performing the Work;
b) its officers and supervisory employees have a working knowledge of the duties of a wconstructor"
and wemployer" as defined by the At;t and the proVisions of the Regulations applicable to the Work,
and a personal commitment to comply with them;
c)" a copy of the most current version of the At;t and the Regulations are available at the Contractor's
"office within the Working Areat ort in the absence of an office, in the possession of the supervisor
,'~:responsible for the performance of the Work; ,
: ~):WOrkers employed to cany out the Work possess the knowledge, skills and protective devices
"required by law or recommended for use by a recognized industry association to allow them to
work in safety;
e) its supervisory employees cany out their duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
f) all Subcontractors and their employees are properly protected from injury while they are at the
work place.
.07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy
and program at the pre-start meetingt and shall respond prompUy to requests from the OWner for
confirmation that its methods and procedures for carrying out the Work comply with the Act and
Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors
appointed to enforce the Act and the RegUlations in any investigations of worker health and safety in
the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any
additional expense which the Owner may incur to have the Work performed as a result of the
Contracto(s failure to comply with the requirements of the At;t and the Regulations.
Pege28
OPS Genet'lll Condltiona of Contract . s..-.Iber 1899
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.08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of
those products controlled under the Workplace Hazardous Materials Information System or WHMISt
which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall
accompany the submission. All containers used in the application of products controlled under
WHMIS shall be 'labelled. The Contractor shall notify the Contractor Administrator of changes in
writing and provide relevant Material Safety Data Sheets.
.09 The Contractor shall have an authorized representative on the site while any work is being performedt
to ad for or an the Contractor's behalf. Prior to commencement of constructiont the Contrador shall
, notify the Contract Administrator of tile names;' addressest, positions and telephone numbers of. the
Contractor's representatives who can be contacted, at any time to deal with matters relating to the
Contract.
.10 The Contractor' shall;'at no' additional cost 'to' the' Owner,' fumish all reasonable aid, facilities and
assistance required by the Contract Admlnistratorforthe:proper inspection and examination of the
Work or the taking of measurements for the~,ofpaymenl ' ' ~ '
.11 The Contractor shall preparet and update as required, a construction' schedule Indicating the timing of
the'major and aitical activities of'the Work. 'The schedule'shall be'designed to ensure conformity
with the specified Contrad Time. The schedule shall be submitted to the Contract Administrator
within 14 Days from the date of the Contract award.
.12 Where the Contractor finds any enort inconsistency or omission relating to the Contract, the
, Contractor shall promptly'report it to the Contract Administrator and shall not proceed with the activity
affected until receiving direction from the Contract Administrator.
.13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all
underground utilities and service connections which may be affected by the Work. The Contrador
shall be responsible for any damage done to the underground utilities by the Contractor's forces
during construction 'if the stake out locations are within the tolerances given in' paragraph GC
2.01.01a).
GC 7.02
Layout
.01 Prior to commencement of construction, the Contract Administrator and the Contractor will locate on
site those property barst baselines and benchmarks which are necessary to delineate the Working
Area and to lay out the Work, all as shown on the Contract Drawings.
.02 The Contractor shall be responsible for the ,preservation of allproperty-bantwhile the Work is in
progresst except those property bars which' must be removed, to JaciJitate: , the Work. Any other
property bars distUrbed, damaged or removed by the Contractor's operations shall be replaced by an
Ontario Land Surveyor, at the Contractor's expense.
.03 At no extra cost to the Ownertthe Contractor shall provide the Contract Administrator with such
materials and devices as may be necessary to layout the baseline and benchmarks, and as may be
necessary for the inspection of the Work.
.04 The Contractor shall provide qualified personnel to lay out and estabtish all lines and grades
necessary for construction. The Contractor shall notify the Contrad Administrator of any layout work
carried out, so that the same may be checked by the Contract Administrator.
.05 The Contractor shall Install and maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The Contractor shall supply one copy of all
alignment and grade sheets to the Contrad Administrator. '
OPS 0.,.,.. ConcIIIIons of eomr.ct . SepIiImber ,.
Pege 29
.06 The Contractor shall assume fun responsibility for alignment, elevations and dimensions of each and
all parts of the Work, regardless of whether the Contractor's layout work has been checked by the
Contrad Administrator.
.07 All stakest marks and reference points provided by the Contrad Administrator shall be carefully
preserved by the Contractor. In the case of their destruction or removal as a result of the Contrador's
operationst such stakest marks and reference points will be replaced by the Contract Administrator at
the Contractor's expense.
GC'7.03
Damage by Vehicles or Other Equipment
.01 If at any timet in the opinion of the Contrad Administratort damage is being done or is likely to be,
done to any Roadway or any improvement thereont outside the Working Area, by the Contractor's
" vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shallt on the
direction of the Contract Administrator, and at no extra cost to the Owner, make changes or
,.s.fibstitutions for such vehicles or equipment, and shall alter loadings, or in Some other mannert
',~ove the cause of such damage to the satisfaction of the Contract Administrator.
._'
GC 7.G4
Excess Loading of Motor Vehicles
,01 "Where a vehicle is hauling Material for use on the Work. In whole or in part upon a Highway, and
where motor vehicle registration is required for such vehiclet the Contractor shall not cause or pennlt
such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990,
,c.H,8. as amended,whether such vehicle is registered in the name of the Contractor or otherwise,
.'except where there are designated areas within the Working Area where overloading is permiIIed.
The Contractor shaD bear the onus of weighing disputed loads.
GC 7.05
Condition of the Working Area
.01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of
debrist other than that caused by the Owner or others.
GC 7.06
Maintaining Roadways and Detours
.01 Where an existing Roadway is affected by construction, it shall be kept open to traffic, and the
Contractor shall, except as otherwise provided in this subsection, be responsible for providing and
maintaining for the duration of the Work, a road through the Working Neat whether along an existing
H,ighwaYt including the road under constructiont or on detours within or adjacent to the Highwayt in
ac:c:ortIance with the MUTCD.
.02~Contractor shall not be required to maintain a road through the Working ~ until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply deicing chemicals or abrasives or cany out snowplowing.
.03 Where localized and separated sections of the Highway only are affected by the Contractor's
operations, the Contractor will not be required to maintain intervening sections of the Highway until
such times as these sections are located within the limits of the Highway affected by the Contractor's
general operations under the Contract.
.04 Where the Contract Documents provide for or the Contrad Administrator requires detours at specific
Iocationst payment for the construction of the detourst and if required, for the subsequent removal of
the detours. will be made at the Contract prices appropriate to such work.
Pege 30
OPS General CondIIIona 01 Contract - SeI*mber ,_
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.05 The Contractor shall maintaint in a satisfactory condition for traffict a road through the WorKing Areat
at the Owner's expense. The road through the Working Area will include any detour constructed in
accordance with the Contract Documents or required by the Contract Administrator. Compensation
for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to
the work and; where there are no such pricest at negotiated prices. Notwithstanding the foregoingt
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
included in the prices bid for the various tender items and no additional payment will be made.
.06' 'Where work under the 'Contract is discontinued for any extended' period including seasonal, shutdown,
'the Contractor shall, when directed by the Contract Administrator, open and place the' Roadway and
detours in a passable, safe and satisfactory condition for public travel.
.07 Where the Contractor constructs a detour which is not specifically provided for in the Contract
Documents; or required by the Contract Administrator, the construction of the detour and. if required,
the subsequent removal shall be performed, at' the, Contractor's' expense.. ,The detour shall be
constructed and maintained to struCtural' 'and' geometricstandards~~p~~ by the Contract
, Administrator. Removal and site' restoration shall ,be.. peifonne(t:as.~ dr.ected by the Contract
Administrator.
.08 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the
'traffic diverted entirely off the Highway to any other Highway, the Contractor shal~ at no extra cost to
the Ownertsupply, 'erect and maintain traffic control devices in accordance with the MUTCD.
.09 Compliance with the foregoing 'provisions shall in no way relieVe the Contractor of obligations under
subsectionGC6.01,- Protection 'of Work, Persons and"Property, dealing with the Contractor's
responsibility for damage claims, except for claims arising on sections of Highway within the Working
Area that are being maintained by others.
GC 7.07
Access to Properties Adjoining the Work and Interruption of Utility
Services
.01 The Contractor shall provide at all times, and at no extra cost to the Ownert
a) adequate pedestrian and vehicular access; and
b) continuity of Utility services
to properties adjoining the Working Area.
.02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants,
and water and gas valves located in the Working Area.
.03 Where any interruptions in the supply, of, Utility 'services are'required.and,.are authorized by the
Contract Administrator, 'the'Contractor'shal1 give the affected property owners notice in accordance
with subsection GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to
create a minimum of interference to those affected.
GC 7.08
Approvals and Pennlts
.01 Except as specified in subsection GC 4.02; Approval and Permitst the Contractor shall obtain and pay
for any permitst licensest, and certificates which at the date of tender ctosingt are required for the
performance of the Work.
.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits
specified in paragraph GC 7.08.01.
OPS General Conditions cf Contract - September 1.-
Pege 31
GC 7.09
Suspension of Work
.01 The Contractor shallt upon written notice from the Contract Administratort discontinue or delay any or
aU of the Work and work shall not be resumed until the Contract Administrator so directs in writing.
DelaYSt in these circumstancest will be administered according to subsection GC 3.08t Delays.
GC 7.10
Contractor"s Right to Stop the Work or Terminate the Contract
.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
;~of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without
prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or
trustee in bankruptcy written noticet terminate the Contract .
.02' If the Work is stopped or otherwise delayed for a period of 30 Days or ~re ~nd~ an order of a court
or other public authority and provided that such order was not issued as the result of an act or fault of
. ;;~Contractor or of anyone directly employed or engaged by the Contractorn,the Contractor maYt
;~ prejudice to any other right or remedy the Contractor may have, by giving the Owner written
~ticet terminate the Contract
.03 The Contractor may notify the Owner in writingt with a copy to the Contract Administrator, that the
Owner is in default of contractual obragations ift
al the Contract Administrator falls to issue certificates in accordance with the provisions of Section
GC 8.0t Measurement and Payment;
bl the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC
"". 8,02,03t Certification and Payment, the amounts certified by the Contract Administrator or within
30 Days of an award by an arbitrator or court; or
cl the Owner violates the requirements of the Contract.
.04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7
Days immediatefy following the receipt of the written notice the Contractor may, without prejudice to
any other right or remedy the Contractor may have, stop the Work or tenninate the Contract
.05 If the Contractor terminates the Contract under the conditions set out in this subsection, the
Contractor shall be entitled to be paid for all work performed according to the Contract Documents
and for any losses or damage as the Contractor. may sustain as a result of the termination of the
Contract
GC 7.U
Notices by the Contractor
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.01 Before work is carried out which may affect the property or operations of any Ministry or agency of
gC5vemment or any person. companYt partnership or corporationt including a municipal corporation or
any board or commission thereof, and in addition to such notices of the commencement of specified
operations as are prescribed elsewhere In the Contract Documentst the Contractor shall give at least
48 hours advance written notice of the date of commencement of such work to the person, company,
partnershlPt corporationt boardt or commission so affected.
.02 In the case of damage to, or interference with any utilitiest pole finest pipe linest conduitst farm tiles,
or other public or privately owned works or propertyt the Contractor shall immediately notify the
Owner and the Contract Administrator of the location and details of such damage or Interference.
Page 32
OPS 0eftIrII ConcIIIIona d Contr8ct - SeI*mber 1_
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GC 7,12
Obstructions
.01 Except as otherwise noted in these General Conditionst the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in the performance of the Work and any
traffic conditions, including traffic conditions on any Highway or road' giving access to the Working
Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for
any IOSSt damage or expense occasioned thereby.
.02 Where the obstruction is 'a Utility or other man-made object, the Contractor shall not be required to
assume the risks 'and responsibilities arising out of such obstruction, unless the location of the "
obstruction is shown on the plans or described in the specifications and the location so shown is
within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the
obstruction has otherwise been made known to the Contractor or could have been detennined by the
visual site investigation made by the ,Contractor in accordance with these General Conditions.
.03 During the course of the Contract, it isthe'.Contractor's~responsibility,to~'COf1SuIt~ Utility companies
; · or other appropriate authorities for further;infonnationin ; regard ;to.the,exact,ioC8tionof these Utilitiest
to exercise the necessary care in construction"operationstandio1ake'such-other precautions as are
necessary to safeguard the Utility from damage.
GC 7.13
Limitations of Operations
.01 Except for such work as maybe required by the Contract Administrator to maintain the Work in a safe
and satisfactory condition, the Contractor shaD not carry on operations under the Contract on
Sundays without pennission in writing from the Contract Administrator.
.02 The Contractor shall cooperate with other Contractorst Utility companies and the Owner and they
shall be allowed access to their work or plant at all reasonable times.
GC 7.14
Cleaning Up Before Acceptance
.01 Upon attaining Substantial Perfonnance of the Work, the Contractor shall remove surplus materials,
, tools, construction machinery and equipment not required for the perfonnance of the rematning Work.
The Contractor shall also remove all temporary works and debris other than that caused by the
Ownert or others and leave the Work and Working Area clean and suitable for occupancy by the
Owner unless otherwise specified.
.02 The Work shall not be deemed to have' reachedCompletion"Ulltil 'tfle'-Contractor has removed surplus
materials, toolst construction machinery.and"equipmenl The Contractor shall also have removed
debrist other than that caused by the OWner, Of others. ' "
GC 7,15
Warranty
.01 The Contractor shall be responsible for the proper perfonnance of the Work only to the extent that the
design and specifications pennit such perfonnance.
.02 Subject to the previous paragraph the Contractor shall correct prompUYt at no additional cost to the
Ownert defects or deficiencies in the Work which appeart
a) prior to and during the period of 12 months from the date of Substantial Perfonnance of the Workt
as set out in the, Certificate of Substantial Perfonnance of the Workt
b) where the work is completed after the date of Substantial Perfonnancet 12 months after
Completion of the Workt
c) where there is no Certificate of Substantial Perfonnancet 12 months from the date of Completion
of the Work as set out in the Completion Certificatet or
OPS GenerW COndItIons of ConIrac:t - &epeImber ,.
Pege 33
. ... . ..
d) such longer periods as may be specified for certain Materials or some of the Work.
The Contract Administrator will promptly give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall c:onect or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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OPS Gentnl Coudlllona d Contract. SepIember 1_
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8,01
GC 8,01,01
Measurement
Quantities
.01 The Contract Administrator will make an estimate once a montht in writing, of the quantity of Work
perfonnEid. The first estimate will be the quantity of Work performed since the Contractor
commenced the Contract, 'and every subsequent estimate; exceptthe final onetwill be of the quantity
of Work perfonned since the preceding estimate was made. The Contract Administrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date.
'.02 ' Such quantities for progress payments' shall be construed and held to approximate. The final
'. quantities for the issuance of the Completion Certificate shall be'based on the measurement of Work
completed.
.03 Measurement of the quantities of the 'Work; perfonned,'WiU be;either;'by.w:tual Measurement or by
Plan Quantity principles as indicated 'in the" COn1ract:,... Adjustments,to:Plarreuantity measurements
will normally be made using Plan Quantity principles but may;where'appropriate,be made using
Actual Measurements. Those' items'ldentified on'1he Tender by the notation (P) in 'the unit column
"'shall be paid according'to the 'Plan Quantity. Items where the notation (P) does- not occur shall be .
paid according to Actual Measurement
GC 8.01.02
Variations In Tender Quantities
.01 Where it appears that the quantity of Work to be done 'and/or Material to be supplied by the
Contractor under a unit price tender item wiU exceed or be less than the tender quantityt the
Contractor shall proceed to do the Work and/or supply the Material required to complete the tender
item and payment will be made for the actual amount of Work done and/or Material supplied at the
unit prices stated in the Tender except as provided below:
a) 'In the case of a Major Item where the quantity of Work perfonned and/or Material supplied by the
Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make
a'written request to the other partyto"negotiate a revised unit price for that portion of 'the Work
perfonned and/or'Material supplied which exceeds 115% of the tender quantity; The negotiation
shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based
on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus
a reasonable allowance for profit and applicable overhead.
b) 'In the case of a Major Item where the 'quantity'ofWotkperformed andlor'Material supplied by the
Contractor is less than 85% of the tender'quantity, the Contractor may make a written request to
negotiate for the portion of the actual:,overheads'and.fixe<h:osts,applicable to the amount of the
underrun in excess of 15% of the tender quantity~ For purposes of the'''negotiation, the overheads
and fixed costs 'applicable to the item are deemed to' have' been prorated unifonnly over 100% of
the tender quantity for the item. Overhead costs shall be confinned by a statement certified by the
Contractor's senior financial officer or auditor and may be audited by the OWner. AltemativelYt
where 'both parties agree, an allowance equal to 10% of the. unit price on the amount of the
underrun in excess of 15% of the tender quantity will be paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Certificate.
GC 8,02
GC 8,02,01
Payment
Price for Work
.01 Prices for the Work shall be full compensation for alllabourt Equipment and Material required in its
performance. The term "all labour, Equipment and Materiar shall include Hand Taoist supplies and
other incidentals.
OPS General Conditions ~ Contrad - september '899
P8ge 35
. .. . .
.02 Payment for work not specifically detailed as part of anyone item and without specified details of
payment will be deemed to be included in the items with which it is associated.
GC 8.02.02
Advance Payments for Material
.01 The Owner will make advance payments for Material intended for incorporation in the Work upon the
written request of the Contractor and according to the following tenns and conditions:
a) The Contractor shall, in advance of receipt of the shipment of the Materialt arrange for adequate
and proper storage facilities and notify the Contract Administrator of their locations.
, , b) The value of aggregates, processed and stockpiledt shall be assessed by the following procedure:
i. Sources Other Than Commercial
(1) ~ranular 'A', 'B' and 'M' shaH be assessed at the rate of 60% of the Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and PorUand
cement concrete shall be assessed at the rate of 25% of the Contract price for each
aggregate stockpiled.
'.:tii. ., Commercial Sources
,'~' Payment for separated coarse and fine aggregates will be considered at ~e above rate when
'. ~~' such materials are stockpiled at a commercial source where further processing is to be carried
out before incorporating such materials into a final product. Advance payments for other
materials located at a commercial source will not be made.
'c) Payment for all other materials, unless otherwise specified elsewhere in the Contract. shall be
based on the invoice pricet and the Contractor shan submit proof of cost to the Contract
Administrator before payment can be made by the OWner.
d) The payment for an Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material. Such payment shaD not exceed 80%
of the Contract price for the item.
e) All Materials for which the Contraclor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of the material and shall thenceforth be held
by the Contractor in trust for the Owner as collateral security for any monies advanced by the
. Owner and for the due completion of the Work. The Contractor shall not exercise any act of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for inclusion in the Work, without the consent, in writing, of the Contract Administrator.
f) Such materials shall remain at the risk of the CoI.bactor who shall be responsible for any loss,
damage, theft, improper use or destruction of the material however caused.
-(-.,.
.02 :Where the Owner makes advance payments subject to the conditions listed in paragraph GC
8.02.02,01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
~II on,ly be detennined when the material meets the requirements of the appropriate specification.
GC 8.02.03 Certification and Payment
".
GC 8.d2~03.01
Progress Payment Certificate
.01 The value of the Work performed and Material supplied will be calculated once a month by the
Contract Administrator in accordance with the Contract Documents and, clause GC 8.01.01 t
Quantities.
.02 The progress Payment Certificate will showt
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Materials;
d) the amount of statutory holdback, lienst Owner's set-off;
e) the amount of GST as applicable; and
f) the amount due the Contractor.
Pege 36
OPS GenenII ConcIIIIons d Contract - SepeeI.1ber 1_
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.03 One copy of the progress Payment Certificate will be sent to the Contractor.
.04 Payment will be made within 30 Days of the Cut-Off Date.
GC 8,02.03,02
Certification of Subcontract Completion
.01 Before the Work has reached the s1age of Substantial Performance, the Contractor may notify the
Contract Administratort in writing that a subcontract is completed satisfactorily and ask that the
,Contract Administrator certify,the completion of such subcontract.
.02 The Contract Administrator will issue a Certificate of Subcontract Completion if the subcontract has
been completed satisfactorily, and all required inspection and testing of the works covered by the
subcontract have been carried out and the results are satisfactory. ' '
.03 The 'Contract Administrator will set out in thEt Certificate of Subcontract. Completion the date on which
the subcontract was completed and within'7 Days' of:the date :the :subcontract,js certified completet
the Contract Administrator will give a copy'ofthecertificate',too,the:Contract.ol!"aocUo the SUbcontractor
concemed.
GC 8.02.03.03
Subcontract Statutory Holdback Release Certificate and Payment
.01 Following receipt of the Certificate of Subcontract Completion, the Owner will release ,and pay the
Contractor the statutory holdback retained in respect of the subcontract.. ,Such release shall, be made "
46 Days after the'date the subcontract,was certified complete ,and providing;the Contractor. submits
the following to the Contract Administrator.
a) a document satisfactory to the'Contract Administrator that will release the Owner from all further
claims relating to the subcontract, qualified by stated exceptions such as holdback monies;
b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all
liabilities incurred in carrying out the subcontract;
c) ,a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and
d) a copy of the contract between the Contractor and the Subcontractor and ,a satisfactory statement
showing the total amount due the Subcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d). will only apply to Lump Sum Items and then only when the Contract
Administrator specifically requests it.
.03 Upon receipt of the statutory holdback, the Contractor'shall-forthwithgive~'the Subcontractor the
payment due under the subcontract.
.04 Release of s1aMory holdback by the Owner in respect of 'a' subcontract shall not relieve the
Contractort or the Contractor's Suretyt of any of their responsibilities.
GC 8.02.03,04
Certification of Substantial Perfonnance
.01 Upon application by the Contractor and where the Contract has been substantially performed the
Contract Administrator will issue a Certificate of Substantial Performance.
.02 The Contract Administrator will set out in the Certificate of Substantial Perfonnance the date on which
the Contract was substantially performed and within 7 Days after signing the said certificate the
Contract Administrator will provide a copy to the Contractor.
.03 Upon receipt of a copy of the Certificate of Substantial Performancet the Contractor shall forthwith. as
required by Section 32(1) Paragraph 5 of the Construction Uen Actt R.S.O. 1990, c.C.30t as
amendedt publish a copy of the certificate in a construction trade newspaper. Such publication shall
include placement in the Daily Commercial News.
OPS o.n..I CondIlIonI 01 ConIrad . 8eptII1'Iber 1889
"'37
.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required
above within 7 Days after receiving a copy of the certificate signed by the Contract Administratort the
Owner may publish a copy of the certificate at the Contractor's expense.
.05 Except as otherwise provided for in Section 31 of the Construction Lien Actt the 45-day lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05t Substantial Performance
Payment and Statutory Holdback Release Payment Certificatest shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GC'8.02,03.05
Substantial Perfonnance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract
,< Administrator will also issue the Substantial Performance Payment Certificate and the Substantial
P'ertormance Statutory Holdback Release Payment Certificate or where appropriatet a combined
;~nt certificate. ~
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.02 ,';~ Substantial Performance Payment Certificate will show,
"if the value of Work performed to the date of Substantial Performance;
, b) the value of outstanding or incomplete Work;
'c) the amount of the statutory holdback, Blowing for any previous releases of statutory holdback to
the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment;
d) the amount of maintenance security required; and
e) the amount due the Contractor.
"
.03 ,Payment of the amount certified will be made within 30 Days of the date of issuance of the payment
' certificate.
.04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after
the date of pubfication of the Certificate of Substantial Performance but subject to the provisions of
the Construction Lien Act and the submission by the Contractor of the following documents:
a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions such as
, outstanding work or matters arising out of subsection GC 3.14t Claims, Negotiations, Mediation;
b) a statutory declaration in a form satisfactory to the Contract Administrator that allliabRities incuned
'::~by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been
'(fiScharged except for statutory holdbacks properly retained; ,
0) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
'~proof of publication of the Certificate of Substantial Performance.
,,'"
GC 8.02.03.06
Certification of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completiont the Contract
Administrator will issue a Completion Certificate.
.02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was
completed and within 7 Days of signing the said certificate the Contract Administrator will provide a
copy to th~ Contractor.
Pege 38
OPS GentnI ConcIItloM d Contract - September 1889
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Completion Payment and Completion Statutory Holdback Release
Payment Certificates
.01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will
also issue the Completion Payment Certificate and the Completion Statutory Holdback Release
Payment Certificate or where appropriatet a combined payment certificate.
GC 8.02.03.07
.02 The Completion Payment Certificate will show,
a) measurement and value of Work at Completion; ,
b) the amount of the further statutory holdback based on the value of further work completed over
and above the value of work completed shown in the Substantial Perfonnance Payment Certificate
referred to above; and
c) the amount due the Contractor.
.03 The Completion Statutory Holdback ReIease,PaymenLCertificate,wil,I;b.e;:a payment certificate
'releasing to the Contractor'the' further statUtorY 'hOldback:; , Payment.otsuch.:statutory holdback shall
be due 46 Days after the date of CompletiOOiofthe'Work,as,estabIishedtby,~th&Completion<Certificate
but subject to the provisions of the Construction Lien Act.and,1hecsubmission'bYthe Con~ of the
following documents:
a) a release by, the Contractor in a fonn satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions where
appropriate; .
b) a statutory declaration in a fonn satisfactory to the Contract Administrator that all liabilities incurred
by the Contractor and the Contractor's Subcontractors in canying out the Contract have been
dischargedt qualified by stated exceptionS where appropriate; and
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board.
GC 8.02.03.08
Interest
.01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of
Interest
GC 8.02,03.09'
Interest for Late Payment
.01 Provided the Contractor has complied with the requirements of the Contract including all
documentation requirements, when payment by the Owner to the Contractor for Work perfonnedt or
for release of statutory holdback, is delayed by the Ownertthen the Contractor shall be entitled to
receive interest on the outstanding payment at the Rate'of'lnterest.'ifpayment::is not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days afterthe Cut-Off Date; ,
b) Certificate of Subcontract Completion:' 30 Days after the date,c:ertified 'as 'the date on ,which the
subcontract was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
subcontract was completed;
d)' Substantial Performance Payment Certificate: 30 Days after the'date of issuance of the certificate.
e) Substantial Perfonnance Statutory Holdback Release Payment Certificate: 76 Days after
publication of the Payment Certificate of Substantial Performance;
f) Completion Payment Certificate: 30 Days after the date certified as the date on which the
Contract reached Completion;
g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as
the date which the Work was completed.
.02 If the Contractor has not complied with the requirements of the Contract, including all documentation
requirementst prior to expiration of the time periods described In paragraph GC 8.02.03.09.01,
interest will only begin to accrue when the Contractor has completed those requirements.
OPS GenerII Condlllonl 01 Contract - Septelnber 1.
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OPS Gene... COlldllo,,* d Contract - September 1899
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GC 8,02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter providedt where a notice of negotiationt notice of intent to claim and the
subsequent claims are submitted in accordance with the time limits and/or procedure described by
subsection GC 3.14, Claimst Negotiations, Mediation, the Owner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the Work or on the amount of the seWed
claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of
the Work.
......'.!..
.02 : Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
.03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC
.l 3.14t Claimst Negotiationst Mediationt interest shall not be paid.
.04 ;~re"a Contractor fails to comply with the 30-day time limit and the procedures prescribed in
" P*aglllph GC 3.14.03.03 for submission of c1aimst interest shall not be paid for the delay period.
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GC 8~02:03~11
Owne"s Set-otf
.01 ,Pursuant to Section 12 of the Construction Usn Act, the Owner may retain from monies owing to the
Contractor under this Contract an amount sufficient to coyer any outstanding or disputed liabilities
including the cost to remedy ~, the reduction in value of substandard portions of the Work.
claims for damages by third parties which have not been determined in writing by the Contractor's
insurer, undetennined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06t Payment of Workers.
.02 Under these circumstances the Owner will give the Contractor appropriate notice of such action.
GC 8.02,03.12
Delay In Payment
.01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02,04
Payment on a TIme and Material Basis
DefInitions
GC,8:U1~~01
,
.01 Fotthe purpose of this clause the following definitions apply:
.....i€;, .
Cost of Labour: means the amount of wagest salary, travelt travel timet foodt lodging or similar items and
Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively
and necessarily engaged on the Work based on the recorded time and hourty rates of pay for such labour
and supervisiont but shall not include any payment or costs incurred for general supervision,
administration of management time spent on the entire Work or any wages, salary or Payroll Burden for
which the Contractor is compensated by any payment made by the Owner for Equipment
Cost of Material: means the cost of Material purchasedt or supplied from stock. and valued at current
market prices, for the purpose of carrying out Extra Workt by the Contractort or by others when such
arrangements have been made by the Contractor for completing the Work, as shown by itemized Invoices.
Operated Rented Equipment: means Rented Equipment for which an operator is provided by the
supplier of the equipment and for which the rent or lease includes the cost of the operator.
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Payroll Burden: means the payments in respect of workplace insurancet vacation paYt employment
insurancet public liability and property damage insurance, sickness and accident insurancet pension fund
and such other welfare and benefit payments fonning part of the Contractor's nonnallabour costs.
Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by
the Securities Act, R.S.O. 1990, c.S.5t as amendedt and is approved by the Contract Administrator.
Road Work: means the preparationt construction, finishing and construction maintenance of roadst
'streets; highWays and' parking 'lots and includes an work incidental thereto other than work on structures.
Sewer and Watennain Work: means the preparation, construction, finishing. and construction
maintenance of sewer systems and watermain systems,' and includes an work incidental thereto other than
work on structures.
Standby~Time:'means any'period ~ftime Whichis'not:considered'Workingr~ which together with
the Working Tme does not exceed'10hours'"in',any;one~orking~Day,,:and:dutirigwhich time a unit of
equipment cannot practically be used onother.work-but.rnust:mmain:oo'.tbe'Site:in:order to ,continue with
itsassigned1askand during which time the unit is in fully operable condition.
Structure Work: means the constructiont reconstruction, repair, alteration, remodelling, renovation or
, demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of
the foundation of any'bridge, building,' tunnel' or' retaining wan aod the installation of equipment and
appurtenances incidental thereto,
The 127 Rate: means the rate for a unit of equipment as listed in 'OPSS 127~ Schedule of Rental Rates
for Construction Equipment Including Model and Specification Reference, which is current at the time the
work is carried out or for equipment which is not so listed, the rate which has been calculated by the
Owner, using the same principles as used in determining The 127 Rates.
Work on a 'Time -and Material Basis: means Changes in the Work, Extra Work and Additional Work
approved by the Contract Administrator forpayrrient 'on a Time and Material basis. The Work on a Time
and ,Material Basis shall be'subject to 'all the terms, conditions, specifications ,and provisions of the
Contract.
Working Time: means each period of time during which a unit of equipment is, actively and of necessity
engaged on a specific operation and the first 2 hours of each.immediatelyJollowing, period during which
the unit is not so engaged but during which the operation~is,otherwise:proceeding.and during,which time
the unit cannot practically be transferred to otherwork but must remain on the site'in order to continue with
its assigned tasks and during which time the unit isina fully operable condition. ,," .
GC 8.02,04.02
Dally Work Records
.01 Daily' Work Records prepared as the case may' be by either the Contractor's representative or the
, Contract' Administrator and' reporting' the labour and Equipment employed and the Material used on
each Time and Material project, shall be' reconciled and signed each day by both the Contractor's
representative and the Contract Administrator.
GC 8.02.04.03
Payment for Work
.01 Payment as herein provided shall be full compensation for alllabourt Equipment and Material to do
the Work on a Tme and Material Basis except where there is agreement to the contrary prior to the
commencement of the Work on a TIme and Material Basis. The payment adjustments on a Time and
Material basis shall apply to each individual Change Order authorized by the Contract Administrator.
OPS GerMnI CondIIIona of Contract - 8ept8mber 1998
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GC 8.02.04,04
Payment for Labour
.01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of
the Cost of labour up to $3000t then at 120% of any portion of the Cost of labour in excess of
$3000.
.02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at
the Contractor's actual cost of Payroll Burden.
.03-At, the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so
determined shall be applied to all Tme and Material work on the Contract.
GC 8.02.04.05
Payment for Material
.01 The Owner will pay the Contractor for Material used on each Tune and Material project at 120% of the
"i~of the Material up to $3000, then at 115% of any portion of the Cost of ~aterial in excess of
".:r.
GC 1:0%04.06 Payment for Equipment
GC 8.02.04.06.01
Working TIme
.01 The Owner will pay the Contractor for the Working Tune of an equipment ottter than Rented
Equipment and Operated Rented Equipment used on the Work on a TIme and Material basis at The
, 127 Rates with a cost adjustment as follows:
a) Cost$10tOOO or less - no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 - payment $10tOOO plus 90% of the portion
in excess of $10tooo; and
c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner will pay the Contractor for the Working Tune of Rented Equipment used on the Work on a
Tine and Material Basis at 110% ofUle invoice price approved by the Contract Administrator up to a
maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator
approves the invoice price prior to the use of the Rented Equipment
.03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the
Work on a Tune and Material Basis at 110% of the Operated Rented Equipment invoice price
aPJH'OV8d by the Contract Administrator prior to the use of the equipment on the Work on a, Time and
'f.@erial Basis.
GC 8~t2t04~06,02
;'1>
standby TIme
.01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by ,
the Contract Administrator. This will include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Tune and Material Basis.
.02 In addition, the Owner will include the Cost of labour of operators or associated labourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the Work on a Time and Material Basis:
.03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to
the Work on Tine and Material Basis to be returned to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such retum.
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OPS GeMI8I Conditions d Connd - September 1899
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.04 When Equipment is transportedt solely for the purpose of the Work on a Time and Material Basist to
or from the Working Area on a Time and Material basis, payment will be made by the Owner only in
respect of the transporting units. When Equipment is moved under its own power it shall be deemed
to be working. The method of moving Equipment and the rates shall be subject to the approval of the
Contract Administrator.
GC 8,02.04.07
Payment for Hand Tools
.01 Notwithstanding any. other provision of this Section, ,no payment shall be .made to.the, Contractor for
or in respect of Hand Tools or equipment that are tools of the trade.
GC 8,02,04,08
Payment for Work By Subcontractors t
.01 Where the Contractor arranges for Work on aTme and Material Basis,or.a part of it, to be perfonned
by SUbcontractors."on..a,Teme an(LMaterial.basis.,.and..,has~ived..apP'P.val..prior to the
. 'commencement. of: such:. work: '~in accordance witb.~.thfh~reqUimments~:ofiiSUbsection.:,GC 3.10t
", ,,' SubContracting by the ContractOr; the Owner will pay the 'CC)St,'of.Work..on,e'Iun8<and>;Material Basis
. by1he Subcontractor calculated-asif the ,Contractor had'done:tbe..Work..oA,*Time;and,Material Basis,
plus 'a markup calculated on the following basis:
a) 20% of the firstS3,OOO; plus
b) 15% of the amount from S3tOOO to $10,000; plus
c) 5% of the amount in excess of $1 OtOoo.
;02.No further markupWll be appliedregardless-of.the extent towhlch.the work is assigned or sublet to
, 'others.' If work is:8ssignedor. sublet-,to an ,associate. ,as defined by the. Securities,Act no markup
whatsoever will be apprJed. ' ,
GC 8.02.04.09
Submission of Invoices
.01 At the start of ' the Work 'on a Time and Material Basis, the Contractor .shall,pro~e,the applicable
, labour and Equipment rates not already submitted to, the Contract Administrator during the course of
such work.
.02 ,Separat&summarlesshaU be'completed by the Contractor according to the. standard foon,"Summary , '
for Payment ,of Accounts on a Tune.and Material Basis", ' Each summary shall Include . the order
number and covering dates of the work and shall itemize separately labour, Materials and Equipment
. ,Invoices for Materialst Rented Equipment and other charges incurred by the Contractor on the Work
on a Time and Material Basis ~lIbe included witheach..summary.~-"'~.,, :" . ,----....,;, ....,.
::03 Each monththe,ContractAdministratOrwill include,witb the,mo.nthly~pr.o,g~.pp~~~tet the
costs of the Work on a Tune and Material Basis incurred during' the preceding month all in
. accordance with'the contract administrative, procedures and the' Contractor's Invoice of the Work on a
TlfTle and Material BasIs. '
.04 The final "SummarY for Payment of Accounts on a Tme and Material Basis" shall be submitted by the
Contractor within 60 Days after the completion of the Work on a Time and Material Basis.
GC 8.02.05
Final Acceptance Certificate
.01 After the ,acceptance of the ,Work ,the Contract Administrator will issue the Final AcCeptance
Certificate, or, where applicable. after the Warranty Period has expired. The Final AccePtance
Certificate will not be issued until all known deficiencies have been adjusted or correctedt as the case
may bet and the Contractor has discharged all obligations under the Contract.
OPS o.ner.I Condltlona d Contred. September 1.
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OPS ,GeneIIII Conditions 01 Connc:t - September 1_
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GC 8,02,06
Payment of Workers
.01 The Contractor shallt in addition to any fringe benefitst pay the workers employed on the Work in
accordance with the labour conditions set out in the Contract and at intervals of not less than twice a
month.
.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers
employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is
paid less than the amount required to be paid under the Contract, the Owner may set off monies in
accordance with clause GC 8.02.03.11 t Owner's Set-Off.
GC 8.02.07
Records
.01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the
total cost of the Work, Changes in the Work. and Extra Work. The Contractor shall preserve all such
.,' original Records until 12 months after the Final Acceptance Certificate is Issued or until all claims
have been settled, whichever is longer. The Contractor shaH require that Subcontractors employed
by the Contractor preserve aU original Records pertaining to the Work, Changes in the Work, Extra
Work and claims arising therefrom for a similar period of time.
.02 If, in the opinion of the Contract Administrator, DaDy Work Records are required, such records shan
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Daily Work Records shan be reconciled with and signed by the Contractor's representative each
day. '
.03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and
Changes in the Work at any time during the period of the ~tract. The Contractor shan supply ,
certified copies of any part of its Records required whenever requeSted by the Owner.
GC 8.0~08
Taxes and Duties
.01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for
this Contract, and this change could not have been anticipated at the time of bidding, the Owner will
increase or decrease Contract payments to account for the exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shaH be submitted by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shaH be submitted not'less than 30 Days after the date of Rnal Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shan submit to the Contract Administratort on forms provided by the Contract Administrator, a
statement of such benefits. This statement shall be submitted not later than 30 Days after Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commoditiest which when left in
, place form part of the finished Workt or the provision of servicest where such services fonn part of the
Work and where the manufacture or supply of such commodities or the provision of such services is
carried out by the Contractor or a Subcontractort are subject to a claim or benefit as detailed above.
Services in the latter context means the supply and operation of equipment, the provision of labour
and the supply of commoditlest which do not form part of the Work.
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GC 8,02.09
Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contrador fails to complete the Work
in accordance with the Contract, the Contrador shan pay such amounts as are specified in the
Contrad Documents.
OPS Gene,.. Conditions 01 Contf8Ct . SeptAKnbef 1 m
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