HomeMy WebLinkAbout2006-141
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006-141
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Aloia Bros.
Concrete Contractors Ltd., Toronto, Ontario, to enter into
agreement for the Sidewalk Rehabilitation, Various locations
and Sidewalk Construction, Highway #2 and Green Road.
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, Aloia Bros. Concrete Contractors Ltd., Toronto, 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 26th day of June, 2006.
By-law read a third time and finally passed this 26th day of June, 2006.
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
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SIDEWALK REHABILITATION, VARIOUS
LOCATIONS AND SIDEWALK CONSTRUCTION,
HWY. #2 AND GREEN ROAD, BOWMANVILLE
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CONTRACT NO. CL2006-24
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MAY 2006
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architects
planners
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TSH No. 12-29553
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AGREEMENT
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THIS AGREEMENT made in quadruplicate
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BETWEEN: ALOIA BROS. CONCRETE CONTRACTORS LTD.
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of the City of Toronto 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 CORPORA nON 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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Page 1 of 3 Pages
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Municipality of Clarington Contract No. CL2006-24, Sidewalk Rehabilitation, Various Locations and
lilt Sidewalk Construction, Hwy. #2 and Green Road, Bowmanville
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A.
TENDER FORM: General
Itemized Bid
Bonds
Schedule of Tender Data
STANDARD TERMS AND CONDITIONS
SCHEDULE C
INSTRUCTIONS TO TENDERERS
SPECIAL PROVISIONS - GENERAL
SPECIAL PROVISIONS - TENDER ITEMS
STANDARDS
PLANS: Drawings No.1, 2,3, Map 1
STANDARD SPECIFICATIONS:
It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario
Provincial Standard Specifications.
B.
C.
D.
E.
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H.
I.
OPSS No. Date OPSS No. Date OPSS No. Date
127 Current 314 Nov. 2004 421 ApT. 1999
128 Current 351 Sept. 1996 510 Nov. 2004
201 Nov. 2003 355 Sept. 1996 570 Aug. 1990
206 Nov. 2000 410 ApT. 1999 571 Nov. 2001
310 Nov. 2004
J. 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
accordance with this agreement on or before September 22, 2006.
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.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
.. administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
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Page 2 of 3 Pages
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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.
SIGNED and sealed by the Contractor: ALOIS BROS. CONCRETE CONTRACTORS LTD.
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SIGNED and sealed by the Purchaser: CORPORATION OF THE MUNICIPALITY
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PROJECT:
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AUTHORITY:
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CONTRACT ADMINISTRATOR:
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TENDERER:
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TENDERS RECEIVED BY:
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P/29553/Specs/21609- TF-Signing Docs.doc
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TENDER FOR CONTRACT NO. CL2006-24
SIDEWALK REHABILITATION, VARIOUS LOCATIONS AND
SIDEWALK CONSTRUCTION, HWY. #2 AND GREEN ROAD.
BOWMANVILLE
CORPORATION OF THE MUNICIP AUTY OF CLARINGTON
TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
Aloia Bros. Concrete Contractors Ltd.
Name
1844 Dufferin Street
Toronto, Ontario M6E 3P6
Address (include Postal Code)
(416) 653-3574 Fax (416) 658-5877
Telephone and Fax Numbers
Eric Aloia
Name of Person Signing
President
Position of Person Signing
Mrs. Pattie Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
BOWMANVILLE, Ontario. L 1 C 3A6
Page 1 of 8 pages
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TENDER
CONTRACT NO. CL2006-24
To:
The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re:
Contract No. CL2006-24
Sidewalk Rehabilitation, Various Locations and
Sidewalk Construction, Hwy. #2 and Green Road, Bowmanville
Dear Mayor and Members of 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 ofthe 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 8 pages
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ITEMIZED BID
CONTRACT NO. CL2006-24
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
.. Contract No. CL2006-24 for the following unit prices.
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Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of CIa ring ton Design Guidelines and Standard Drawings
Item No. Spec No. Description Unit Quantity Unit Price Total
PART 'A': BOWMANVILLE
1 310 Asphalt Restoration
SP
a) Road 2 3 40.00 120.00
m
b) Private Entrances 2 220 39.50 8,690.00
m
2 314 Gravel Driveway 2 20 25.00 500.00
m
SP
3 314 Provisional Item t 30 16.00 480.00
SP Granular 'A' for Sidewalk
4 351 Concrete in Sidewalk 2 716 53.60 38,377.60
m
SP
5 355 Installation of Salvaged Brick 2 9 88.00 792.00
m
SP Pavers
6 355 Brick Pavers 2 83 91.00 7,553.00
m
SP
7 510 Removal of Sidewalk (All Types) m 610 9.75 5,947.50
SP
8 510 Removal and Salvage of Brick 2 9 78.00 702.00
m
SP Pavers and Patio Stones
9 570,571 Topsoil and Sod 2 1,971 8.65 17,049.15
m
SP
10 SP Miscellaneous Works LS 5,000.00 5,000.00
Total Part A (Carried to Summary) 85,211.25
PART 'B': ORONO
11 310 Asphalt Restoration
SP
a) Road 2 132 40.00 5,280.00
m
b) Private Entrances 2 151 39.50 5,964.50
m
12 310 Asphalt Capping of Concrete 2 90 26.50 2,385.00
m
SP Sidewalk
Page 3 of 8 pages
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ITEMIZED BID
CONTRACT NO. CL2006-24
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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. CL2006-24 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Municipality ofClarington Design Guidelines and Standard Drawings
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Item No. Spec No. Description Unit Quantity Unit Price Total
13 314 Provisional Item t 35 16.00 560.00
SP Granular 'A' for Sidewalk
14 351 Concrete in Sidewalk 2 425 55.00 23,375.00
m
SP
15 355 Installation of Salvaged Brick 2 5 95.00 475.00
m
SP Pavers
16 410 200 mm Dia. PVC SDR35 Storm m 15 250.00 3,750.00
SP Sewer Leads, Ine!. Excavation,
Embedment, Native Backfill and
Restoration
17 421 Culvert - 200 mm CSP m 3 200.00 600.00
SP
18 510 Removal of Sidewalk (All Types) m 336 9.75 3,276.00
SP
19 510 Removal and Salvage of Brick 2 5 70.00 350.00
m
SP Pavers
20 570,571 Topsoil and Sod 2 424 9.50 4,028.00
m
SP
21 SP 300 mm PVC Catch Basin ea 1 1,300.00 1,300.00
22 SP Miscellaneous Works LS 3,500.00 3,500.00
Total Part B (carried to Summary) 54,843.50
PART 'C': COURTICE
23 310 Asphalt Boulevard 2 47 39.50 1,856.50
m
SP
24 314 Gravel Driveway 2 8 25.00 200.00
m
SP
25 314 Provisional Item t 7 16.00 112.00
SP Granular 'A' for Sidewalk
26 351 Concrete in Sidewalk 2 53 75.00 3,975.00
m
SP
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Page 4 of 8 pages
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ITEMIZED BID
CONTRACT NO. CL2006-24
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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. CL2006-24 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Municipality ofClarington Design Guidelines and Standard Drawings
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Item No. Spec No. Description Unit Quantity Unit Price Total
27 510 Sawcut Concrete Curb - Drop for ea 2 250.00 500.00
SP Crossing
28 570,571 Topsoil and Sod 2 50 13.00 650.00
m
SP
29 SP Miscellaneous Works LS 2,000.00 2,000.00
Total Part C (carried to Summary) 9,293.50
PART'D': HIGHWAY 2 AND GREEN ROAD SIDEWALKS, BOWMANVILLE
30 201 Clearing and Grubbing LS 500.00 500.00
SP
31 310 Asphalt Restoration
SP
a) Road 2 104 41.00 4,264.00
m
b) Private Entrances 2 17 41.00 697.00
m
32 314 Gravel Driveway (Limestone or 2 19 30.00 570.00
m
SP Granular 'A')
33 314 Provisional Item t 75 16.50 1,237.50
SP Granular 'A' for Sidewalk
34 351 Concrete in Sidewalk 2 1,186 49.00 58,114.00
m
SP
35 355 Brick Pavers in Sidewalk 2 77 88.00 6,776.00
m
SP
36 510 Sawcut Concrete Curb - Drop for ea 8 250.00 2,000.00
SP Crossing
37 570,571 Topsoil and Sod 2 3,090 8.75 27,037.50
m
SP
38 SP Miscellaneous Works LS 6,000.00 6,000.00
Total Part D (carried to Summary) 107,196.00
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Page 5 of 8 pages
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ITEMIZED BID
CONTRACT NO. CL2006-24
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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. CL2006-24 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of Clarington Design Guidelines and Standard Drawings
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Item No. Spec No. Description Unit Quantity Unit Price Total
SUMMARY -
Total Part A - Bowmanville 85,211.25
Total Part B - Orono 54,843.50
Total Part C - Courtice 9,293.50
Total Part D - Hwy 2 and Green Rd Sidewalks, Bowmanville 107,196.00
Total (excluding GST) 256,544.25
GST (7% of Total) 17,958.10
TOTAL TENDER AMOUNT 274,502.35
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Tenderer's GST Registration No. ...................................
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P/29553/Specs/CL2006.24 Itemized Bid.Signing Docs.xls
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AGREEMENT TO BOND (to be completed by Bondioe Company)
CONTRACT NO. CL2006-24
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Bond No. TS8002667-064-06
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WE, the Undersigned, HEREBY AGREE to become bound as Surety for
ALOIA BROS. CONCRETE CONTRACTORS LTD.
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
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described herein, if the Tender for Contract No. CL2006-24 is accepted by the Authority.
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IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for
a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10)
DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void.
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DATED AT
this
29th
day of
May
2006
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The Guarantee Company of North America
.. Name of Bonding Company
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Frank K. Kucman
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
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Attorney-in-fact
Position
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(This Form shall be completed and attached to the Tender Submitted).
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Page 7 of 8 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2006-24
- The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A.
TENDER FORM:
Pages 1 and 2
Pages 3 to 6
Page 7
Page 8
Pages 1 - 9
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B.
e.
D.
E.
F..
G.
H.
I.
General
Itemized Bid
Agreement to Bond
Schedule of Tender Data
STANDARD TERMS AND CONDITIONS
SCHEDULE C
INSTRUCTIONS TO TENDERERS
SPECIAL PROVISIONS - GENERAL
SPECIAL PROVISIONS - TENDER ITEMS
STANDARDS
PLANS: Drawings No.1, 2,3, Map 1
STANDARD SPECIFICATIONS:
It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial
Standard Specifications.
Pages 1 to 5
Pages 1 to 12
Pages 1 to 8
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OPSS No. Date OPSS No. Date OPSS No. Date
127 Current 314 Nov. 2004 421 ApT. 1999
128 Current 351 Sept. 1996 510 Nov. 2004
201 Nov. 2003 355 Sept. 1996 570 Aug. 1990
206 Nov. 2000 410 ApT. 1999 571 Nov. 2001
310 Nov. 2004
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GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
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The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
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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 ~. No
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By my/our signature hereunder, Vwe hereby identify this as the Schedule of Tender Data, Plans and Specifications,
for Contract No. CL2006-24, executed by me/us bearing date the ~ day of May 2006 and we have
fully read all related documents to tender data as listed above.
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POSITION
President
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SIGNA TURE:
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NAME OF FIRM
Aloia Bros. Concrete Contractors Ltd
(COMPANY SEAL)
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Privacv Lel!islation
Federa] 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.
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This is Page 8 of 8 Pages to be submitted as the Tender Submission for Contract No. CL2006-24.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-24
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STANDARD TERMS AND CONDITIONS
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P!l2-29553/Specs/216 10- T &C
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STANDARD TERMS AND CONDITIONS
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The Municipality ofClarington's "Standard Terms and Conditions" shall apply to this Contract
except where noted below.
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Clause 8 of the "Standard Terms and conditions" shall be superceded by Clause 7,
"Payments" of the "Special Provisions - General" Section of the Contract.
Clause 15 of the "Standard Terms and conditions" shall 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" shall be superceded by Clause
6.03.02 of the OPS General Conditions of Contract (September 1999) which requires a
$5,000,000.00 liability coverage.
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Clause 26 ofthe "Standard Terms and Conditions" shall be superceded by Clause 18,
"Workplace Hazardous Materials Information System (WHMIS)".
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STANDARD TERMS AND CONDITIONS
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1.
DEFINITIONS
Municipality - The Corporation of the Municipality of Clarington, its successors and assigns.
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Bidder - The person, firm or corporation submitting a bid to the Municipality.
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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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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.
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Bid - An offer by a Bidder in response to the document issued by the Municipality.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be
done, fumished 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.
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If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing
must be initialled 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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2.
SUBMISSION OF BID (cont'd)
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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STANDARD TERMS AND CONDITIONS
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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.
CLARIFICATION 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.
7.
PRICING
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.
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.
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STANDARD TERMS AND CONDITIONS
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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
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.
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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.
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10.
ALTERNATES
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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.
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11. EQUIVALENCY
Any opinion determined by the Municipality with respect to equivalency shall be final.
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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.
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STANDARD TERMS AND CONDITIONS
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13.
FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to request of the Company to fumish reasonable evidence that financial
arrangements have been made to fulfill the Company'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 govemed by and interpreted in accordance with the laws of the Province of
Ontario.
15.
CORRECTION OF DEFECTS
If at any time prior to one year after the actual delivery date or completion of the work (or specified
warranty/guarantee period if longer 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 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.
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.
Bids shall be irrevocable for 90 days after the official closing time.
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.
DEFAULT BY COMPANY
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.
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 disregards 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.
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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STANDARD TERMS AND CONDITIONS
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d.
If the Municipality terminates the contract, it is entitled to:
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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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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).
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18.
CONTRACT CANCELLATION
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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.
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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.
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Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
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20.
SAMPLES
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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.
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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.
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Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
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21.
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.
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The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy
fidelity bonding requirements by providing such bonding in an amount and form determined by the
Municipality.
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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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STANDARD TERMS AND CONDITIONS
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22.
WORKPLACE SAFETY AND INSURANCE BOARD
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.
For Independent contractors / Owners / Operators who do not have WSIB coverage, the following
shall be provided upon request by the Calling Agency:
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.
INSURANCE
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.
The policy shall include the Municipality as an additional insureds 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.
LIABILITY
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 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.
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.
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STANDARD TERMS AND CONDITIONS
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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.
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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.
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The Company shall be aware of and conform to all goveming regulations including those established
by the Municipality relating to employee health and safety. The Company shall keep employees and
subcontractors informed of such regulations.
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The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied
Hazardous Materials.
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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.
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28.
SUSPENSION OF WORK
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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 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
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
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.
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31.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)
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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 of Information 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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32.
CRIMINAL BACKGROUND CHECKS
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"The successful service provider covenants and agrees to provide the Municipality of Clarington, or
such other entity as the Municipality may designate, with written consent to perform a criminal
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STANDARD TERMS AND CONDITIONS
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background check including Criminal Code (Canada) convictions, pardoned sexual offences,
records or convictions under the Controlled Drugs and Substances Act. Narcotics Control Act and
Food and Drugs Act and all outstanding warrants and charges for every individual who may come
into direct contract with youth or who are permitted entrance to private or restricted areas or
residences. This will be done at no cost to the Municipality and any such requested document will
be submitted to the Municipality in its true form in advance of commencement of work.
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The Municipal issued identification card must be wom when individuals are at a site where there is
direct contact with youth or where access to any private or restricted area is anticipated. The
Municipal identification card is valid for the term of the contract only or a one year term, whichever
comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion
to prohibit an individual from coming into direct contact with youth or entering a private or restricted
area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew
the Municipal identification cards according to Municipal policy and procedure.
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The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately
and unilaterally and without penalty to the Municipality should the service provider fail to provide
the required documentation or otherwise adhere to this procedure. "The Chief Administrative
Officer has the final say in determining any final action."
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-24
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SCHEDULE 'c'
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SCHEDULE (C)
CONTRACTOR SAFETY
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POLICY AND PROCEDURE
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POLICY:
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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:
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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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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
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· the health and safety of workers on the proiect is protected.
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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.
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DEFINITIONS:
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Contractor - any individual or firm engaged by the Municipality to do work on behalf of the
Municipality.
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Project - means a construction project, whether public or private, including,
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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,
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· the moving of a building or structure, and
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any work or undertaking, or any lands or appurtenances used in connection with
construction.
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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...
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.
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Project Manager - means the municipal management representative who has responsibility for a
contract.
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PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
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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.
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b)
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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.
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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.
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d)
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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.
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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.
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f)
As part of the tender/quotation conditions, before award of a contract, the contractor
must provide details of their Health and Safety program.
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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).
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h)
Before the start of the assignment, the following documentation will be provided to the
successful contractor, by the project manager or delegate.
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i)
ii)
iii)
Copies of the Municipal Corporate Health and Safety Program
Departmental health and safety policies
Workplace procedures regarding health and safety practices.
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SCHEDULE (C)
CONTRACTOR SAFETY
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POLICY AND PROCEDURE Continued...
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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.
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):
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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SCHEDULE (C)
CONTRACTOR SAFETY
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POLICY AND PROCEDURE Continued...
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CONTRACTOR'S STATEMENT OF RESPONSIBILITY
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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.
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1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and
their employees,
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 "Act"); and
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b)
have sufficient knowledge and training to perform all matters required pursuant
to this contract/tender safely and in compliance with the Act.
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2.
In the performance of all matters required pursuant to this contract/tender, the
contractor/successful tenderer shall,
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a) act safely and comply in all respects to the Act, and
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b) ensure that its employees, it subcontractors and their employees act safely and
complying all respects with the Act.
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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.
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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.
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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.
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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 contract/tender; and
III
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 contract/tender.
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Contractor Name of Person Signing for Contractor
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Signature of Contractor
Date
.;). V / 7 / :J\:5::J (P
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ALOIA BROS. CONCRETE (ONTRA(T~,RS lTD.
"~I e S.'. -f:mn .speciali6l
.. . ., P TO ONTARIO M6E 3P6
1844 OUFFEidN )T., TORON I 416) 658-5877
TEL: (4.'6) 653-3574 FAX: (
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SCHEDULE (C)
CONTRACTOR SAFETY
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POLICY AND PROCEDURE Continued...
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CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER
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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
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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.
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PART "A" - DETAILS OF CONTRACT
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CONTRACT/P.O. #
DESCRIPTION:
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NAME OF FIRM:
ALOIA BROS. CONCRETE CONTRACTORS LTD.
"C'l, C.J ': j ~ f)"
Jhe ..J::p.form ..JpecialiJl
1844 DUFFERIN ST., TORONTO, ONTARIO M6E 3P6
II:L: l"nO) 653-3574 FAX: (416) 658-5877
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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:
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DESCRIPTION OF INFRACTION INCLUDING LOCATION:
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ORDER GIVEN BY MUNICIPALITY:
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DID THE CONTRACTOR COMPLY WITH THIS ORDER?
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DATE & TIME OF COMPLIANCE:
ISSUED TO:
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CONTRACTOR'S EMPLOYEE
TITLE
MUNICIPAL EMPLOYEE, DEPARTMENT
TITLE
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ISSUED BY:
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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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-24
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INSTRUCTIONS TO TENDERERS
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CLAUSE
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-24
SUBJECT
PAGE
GENERAL ..... .......... .............. ......... ...... ...... ..... ................. ............. .................. .... 1
BLANK FORM OF TENDER................................... .... ....... ..... .. ....... ...... . . ....... ... . . . ... 1
TENDER DEPOSITS .. ............. ....... .................. ......... ......... ....... ....... ....... .......... ..... 1
BONDS.... ............. ..... . .. . ............................ ........ . . .. ... ......... ....... ............. .. . . .... ..... 2
RIGHT TO ACCEPT OR REJECT TENDERS ................................................................ 2
SCOPE OF WORK .... ........... ... ................................ ... ........... ........... .... .......... ..... ... 2
UNACCEPTABLE TENDERS. .... .. .. .......... .... . .... . ......................... . ... .......... .... .. .. ... .... 2
ABiLITY AND EXPERIENCE OF TENDERER..............................................................2
PROVINCIAL SALES TAX ....... ..... .................. .............. ........... .... ....... ........... ...... ... 3
GOODS AND SERVICES TAX (GST) ........................................................................3
EXECUTE CONTRACT DOCUMENTS....................................................................... 3
COMMENCEMENT OF WORK...... ... ... ............. .......... ..... .......... ... .... .... ..... ............ ... 3
LOCATION.......................................................................................................... 3
TENDERERS TO INVESTIGATE.............................................................................. 4
INQUIRIES DURING TENDERING....... .... ........... ......... .... ... ....... ... .......... ......... ......... 4
DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.... 4
ADDENDA.......................................................................................................... 4
UTILITIES. . . . ........... ...... .. . . ..... .. ..... ..... . .... ...... ........ . .... ...... . . ..... ..... . ....... .. .. ... . .... ... 4
TENDER OPENING MEETING. .......... .......... ............ .... .... ....... ......... ...... ........... ....... 5
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-24
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2006-24 " will be received until:
2:00:00 P.M., LOCAL TIME, THURSDAY, JUNE 1,2006
and shall be addressed to:
Mrs. Patti Barrie, Clerk
The Municipality of Clarington
Municipal Building, 40 Temperance Street
BOWMANVILLE, Ontario. LIC 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
100,000.01 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
1,000,000.01 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. CL2006-24
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
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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.
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Tenders will not be accepted unless submitted in the envelopes provided.
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6.
SCOPE OF WORK
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The scope of work may be increased or decreased depending of the Total Tender Amount with
respect to available budget. Addition of work would be within one of the six areas identified in
the tender.
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7.
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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8.
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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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-24
3.
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9.
PROVINCIAL SALES TAX
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Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
10.
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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11.
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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12.
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 GC7.01.02 of the
General Conditions.
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13. LOCATION
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The rehabilitation work is located on various streets in Bowmanville and Orono within the
Municipality of Clarington. The new sidewalk is located in Bowmanville on the south side of
Highway #2 from Green Road to Clarington Boulevard and on the west side of Green Road from
Boswell Drive to Highway # 2 and in Courtice on the east side ofTownline Road from Lawson
Road to Adelaide Avenue.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-24
4.
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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.
INQillRlES 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: Sean
Bagshaw, E.I.T. or Ron Albright, P. Eng.
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16. DEFINITION OF OWNER/AUTHORITY AND
ENGINEER/CONTRACT ADMINISTRATOR
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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 Clarington.
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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 CIa ring ton.
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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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17. 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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18. 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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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-24
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For additional infonnation regarding existing utilities the Contractor may contact the following
personnel:
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Hydro One
Mr. Scott GoodhandlMr. Jim Hisson
913 Crawford Drive
PETERBOROUGH, Ontario K9J 3XI
Telephone: (905) 623-1071
Extension: 3335/3318
Enbridge Consumers Gas
Mr. Donna Naulls
500 Consumers Road, 4th Floor
WILLOWDALE, Ontario M2J 1 P8
Telephone: 1-416-492-5000
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Bell Canada
Ms. Kimberly MacLellan
A.N. Provisioning
FIr. 2N, 55 Athol St. E.
OSHA W A, Ontario. L 1 H 1 J8
Telephone: (905) 433-6023
Rogers Cable T.V. Limited
Ms. Cindy Ward
301 Marwood Drive
OSHA W A, Ontario
LIH 114
Telephone: (905) 436-4138
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Veridian Connections
Mr. Peter Petriw
55 Taunton Road East
AJAX, Ontario LIT 3V3
Telephone: 1-888-445-2881 Ext. 3252
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19.
TENDER OPENING MEETING
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The tender opening meeting is scheduled to take place at 2: 15 :00 P.M. after the closing time and
date in Meeting Room No.1, Main Floor, 40 Temperance Street, Bowmanville, Ontario and
interested bidders are invited to attend.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-24
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SPECIAL PROVISIONS - GENERAL
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2006-24
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1. GUARANTEED MAINTENANCE............................................................................... ..................... 1
2. CONTRACT TIME AND LIQUIDATED DAMAGES .....................................................................1
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ................................................................2
4. OPS GENERAL CONDITIONS ... ....... ................................................... ........ .... ............................. ... 2
5 . LAyOUT......................................................................................................... ....................................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 .......................................................6
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES...........?
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ......................8
19. SPILLS REPORTING ...... ........... ......... ....... ..................... .......................... ..... .... ...... .............. ......... ...8
20. PROTECTION OF WATER QUALITY ............................................................................................ 8
21. GARBAGE COLLECTION .......... ..... ... ........................................ ........ ....... ........... ... ....... ..................9
22. DELIVERY OF TEST SAMPLES .... ..................................................... ..... ..................... ............ ......9
23. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES. 9
24. CONFINED SPACE ENTRy........... .... ............... .................... ...... ...... ..... ........................................ 10
25. ENTRY ONTO PRIVATE PROPERTY ..........................................................................................10
26. STORAGE AREAS.... .... ....................... .................... ........................ ......... ....... .......................... ... ... 10
27. GENERAL LIABILITY INSURANCE ... .............................. ............ ............... ..... ... .............. ....... ... 10
28. CONSTRUCTION LIEN ACT ............ ... ..... ................................ ........ ............. ....... ..... ........... ......... 11
29. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR........................................................................................................................... ..... 12
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-24
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1.
GUARANTEED MAINTENANCE
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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.
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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.
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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.
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2.
CONTRACT TIME AND LIQUIDATED DAMAGES
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(1) Time
Time shall be the essence of this Contract.
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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
GC1.06.
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(2) Progress of the Work and Contract Time
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The Contractor shall accomplish completion of this Contract as defined in GCl.06 of the
General Conditions on or before September 22, 2006.
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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.
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(3) Liquidated Damages
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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
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-24
2.
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($1,000.00) as liquidated damages for each and every calendar day's delay in achieving
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.
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3.
CONTRACTOR'S AUTHORIZED REPRESENTATIVE
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Authorized representative as referenced in GC7.01.09 is defined as an employee of the Contractor.
4. OPS GENERAL CONDITIONS
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Wherever in this Contract reference is made to the General Conditions, it shaH be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
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5. LA YOUT
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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 shaH lay out and establish the primary alignment and grade controls
necessary for construction. The Contractor shaH provide the Contract Administrator with sufficient
advance notice of his requirements to permit appropriate scheduling of the layout work.
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The layout performed by the Contract Administrator shaH be sufficient to permit construction of the
work by the Contractor in compliance with the Contract Documents, but shaH 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.
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6.
RESTRICTIONS ON OPEN BURNING
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Open fires wiH 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. CL2006-24
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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 GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are
replaced by the following:
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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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CONTRACT NO. CL2006-24
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9. HAUL ROADS
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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.
10.
DUST CONTROL
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As a part of the 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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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.
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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
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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
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(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
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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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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-24
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5.
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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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Sign Sign Message Number
Number Required
TC-I CONSTRUCTION 6
TC-3L LANE CLOSED AHEAD 6
TC-3R LANE CLOSED AHEAD 6
TC-3tR RIGHT LANE CLOSED 6
TC-41A CONSTRUCTION ZONE BEGINS 6
TC-4I 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
The following traffic maintenance arrangements shall be in effect during work on this Contract.
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For work which is in the boulevard of a Region of Durham road (Highway #2, Townline Road and
Main Street), a Traffic Management Plan is required as part of the Road Occupancy Permit
Application which the Contractor will be responsible for. It should be noted that due to the
importance of Highway #2 and Townline Road as a commuter route, lane closures will not be
permitted on weekdays after 3:00 p.m. for east bound lanes and north bound lanes, respectively.
Weekend lane closures will be subject to review and approval by the Region of Durham staff.
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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 adjacent to the limits of work operations throughout each
working day. No road closures are anticipated as a result of the proposed works.
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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.
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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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-24
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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.
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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.
15. ENGINEERING FIELD OFFICE
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A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
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16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
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:
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.
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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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-24
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17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES
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In accordance with the requirements of Section I 8a( 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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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 lA8
of the 10cation(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.
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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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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-24
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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.
The requirements of Section GC4.03 of the General Conditions of the Contract shall apply.
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WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
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Reporting
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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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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
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-24
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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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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.
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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. 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. Garbage pick-up is handled by Canadian Waste Services,
at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at 1-800-461-1582.
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22. DELIVERY OF TEST SAMPLES
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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.
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For this contract the designated testing laboratory is at TSH Cobourg.
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23. PREPARATION 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.
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The Contractor shall have personnel trained in rescue procedures readily available on site.
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CONTRACT NO. CL2006-24
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24. 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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25. ENTRY ONTO PRIVATE 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.
26. STORAGE AREAS
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Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the
following:
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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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27. GENERAL LIABILITY INSURANCE
The Regional Municipality of Durham, shall be added as an additional insured.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-24
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28. 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. CL2006-24
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29. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR
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Upon completion of the 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 .......................
To:
Mr. A.S. Cannella, C.E.T., Director of Engineering Services
Corporation of the Municipality of Clarington
Municipal Administration Centre, 40 Temperance Street
BOWMANVILLE, Ontario L 1 C 3A6
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Re: Contract No. CL2006-24
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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 Municipality of Clarington from further obligations.
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Yours very truly,
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Signature
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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STANDARD TERMS AND CONDITIONS
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The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract
except where noted below.
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Clause 8 of the "Standard Terms and conditions" shall be superceded by Clause 7,
"Payments" ofthe "Special Provisions - General" Section of the Contract.
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Clause 15 of the "Standard Terms and conditions" shall be superceded by Clause 1,
"Guaranteed Maintenance" of the "Special Provisions - General" Section of the
Contract.
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Clause 16 ofthe "Standard Terms and Conditions" is not applicable to this Contract.
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Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause
6.03.02 of the 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
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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.
CLARIFICATION 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.
7.
PRICING
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.
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.
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STANDARD TERMS AND CONDITIONS
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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 Company'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 govemed by and interpreted in accordance with the laws of the Province of
Ontario.
15.
CORRECTION OF DEFECTS
If at any time prior to one year after the actual delivery date or completion of the work (or specified
warranty/guarantee period if longer 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 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.
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.
Bids shall be irrevocable for 90 days after the official closing time.
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.
DEFAULT BY COMPANY
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.
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 disregards 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.
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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STANDARD TERMS AND CONDITIONS
7
22.
WORKPLACE SAFETY AND INSURANCE BOARD
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.
For Independent contractors I Owners I Operators who do not have WSIB coverage, the following
shall be provided upon request by the Calling Agency:
Single Independent Contractors / Owners I 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 I 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.
INSURANCE
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.
The policy shall include the Municipality as an additional insureds 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.
LIABILITY
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 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.
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.
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STANDARD TERMS AND CONDITIONS
9
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background check including Criminal Code (Canada) convictions, pardoned sexual offences,
records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and
Food and Drugs Act and all outstanding warrants and charges for every individual who may come
into direct contract with youth or who are permitted entrance to private or restricted areas or
residences. This will be done at no cost to the Municipality and any such requested document will
be submitted to the Municipality in its true form in advance of commencement of work.
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The Municipal issued identification card must be worn when individuals are at a site where there is
direct contact with youth or where access to any private or restricted area is anticipated. The
Municipal identification card is valid for the term of the contract only or a one year term, whichever
comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion
to prohibit an individual from coming into direct contact with youth or entering a private or restricted
area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew
the Municipal identification cards according to Municipal policy and procedure.
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The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately
and unilaterally and without penalty to the Municipality should the service provider fail to provide
the required documentation or otherwise adhere to this procedure. "The Chief Administrative
Officer has the final say in determining any final action."
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-24
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SCHEDULE 'c'
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-24
SPECIAL PROVISIONS - TENDER ITEMS
P/29553/Specsl21614-Sp- II
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-24
Note: For work on Highway #2, Townline Road (Reg. Rd. 55), and Main Street (Reg. Rd. 17), the
Contractor will be required to obtain a Road Occupancy Pennit from the Region of Durham for
work on Regional Roads. As part of the Road Occupancy Pennit, the Region will require the
provision of a Traffic Management Plan. The Region will require no lane closures during
evening rush hour on the east bound lanes of Highway 2 and the north bound lanes ofTownline
Road after 3 :00 p.m.
General:
It is not the intent of this contract to re-sod the entire boulevard at each location. The contractor
shall submit a work plan to the Contract Administrator outlining how they intend to access each
site in such a manner as to cause as little disturbance as possible to the grassed areas. The
quantities allow for equipment access where there are long stretches without access from
driveways. The Contract Administrator will review the work plan to ensure that it meets the
intent of the contract.
REMOVAL OF SIDEWALK (ALL TYPES) - ITEMS NO.7 AND 18
Payment shall be made under these Items for the removal of all concrete, asphalt covered concrete or
asphalt sidewalk irrespective of the number oflayers, as well as concrete curb (all types) not covered
elsewhere in the Contract. Asphalt and concrete rubble shall be disposed of off the site of the works at a
location (s) arranged for by the Contractor.
The Contractor shall protect all trees, shrubs, hedges, fences, utility markers and poles from damage.
The unit price bid shall include for all sawcutting as required at the limits of removal as necessary to
provide a gentle transition to adjacent ground or driveway.
Main Street (Reg. Rd. 17), Orono
The sidewalk over the box culvert between houses #5560 and #5552 is to remain in place.
Flett Street (west side), Bowmanville
The sidewalk in front of the driveway to #14 is to be removed without damaging the concrete driveway,
including sawcutting if necessary.
REMOVAL AND SALVAGE OF BRICK PAVERS - ITEMS NO.8 AND 19
Payment shall be made under these Items at the unit price bid for the removal and salvage of brick pavers
in private walkways and entrances. Bricks shall be stockpiled on the home owners property for reuse.
Unused and surplus pavers not wanted by home owners shall be disposed of off the site by the Contractor.
SAW CUT CONCRETE CURB-DROP FOR CROSSING - ITEMS NO. 27 AND 36
Payment shall be made under these Items at the unit price bid for the saw cutting of existing curb at the
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-24
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locations as identified on the Contract Drawings or as directed by the Contract Administrator, to provide
pedestrian crossing at sidewalk locations.
The unit price shall also include for the removal and disposal of excess rubble.
CONCRETE IN SIDEWALK - ITEMS NO.4, 14,26 AND 34
All sidewalks shall meet the Municipality of Clarington specifications.
The unit price bid under these Items shall include for the following:
· Excavation for sidewalk, proof rolling subgrade, minor grading (including fill) as required to provide
positive 2% drainage over the back of curb or to match land at existing sidewalk locations, and
disposal of surplus material off site.
· Excavation in areas of private walk and disposal of surplus material.
· Supply and placing 30 MPa concrete to specified width or to match existing width of sidewalk and
private walkway.
· Isolation of utilities, poles, manholes and hand holes.
· Adjustment of water service curb stops, water valves, hand wells, gas valves, and any other
appurtenances to be flush with the top of sidewalks, or the sloping beyond the sidewalks.
· Clean up site and removal and disposal of debris.
All sidewalks to be constructed in accordance with Standard Drawing C-307. It is generally intended that
new replacement sidewalk be constructed to a width of 1.2 m but this may have to be reduced or
increased depending on site conditions.
Restoration of concrete driveways shall be included in this Item. The depth of new concrete shall match
the existing depth, but shaUbe a minimum of 150 mm thick.
All contraction joints shall be a minimum depth of 25% of total sidewalk depth. Expansion joints shall be
full depth of sidewalk and be placed at a maximum spacing of 30 m or where sidewalk is placed against a
rigid structure.
Curing compound shall be applied with uniform colour and thickness immediately after fmishing.
It will be the Contractor's responsibility to preserve any layout markings provided by the Contract
Administrator.
The Contract Administrator shall determine the location of new walk where this is not located to match
existing walk. New sidewalk will be constructed in the same location as existing walk.
All forms shall be inspected by the Contract Administrator before the concrete is ordered. The Contractor
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-24
3.
shall give the Contract Administrator adequate notice (at least 2 hours) that the forms are ready to be
inspected.
Payment for 50% of the quantity of concrete sidewalk placed will be made on current progress payments,
and the remaining 50% will be paid when rehabilitation is complete. Should restoration be complete at
time of payment certificate cut-off date or if the restoration is progressing at a rate deemed satisfactory to
the Contract Administrator and/or the Municipality of Clarington, 100% of the concrete placed shall be
paid for.
Highway #2 and Green Road, Bowmanville
New sidewalk construction on Highway #2 and Green Road in Bowmanville is to be 1.5 m wide, and 1.8
m where the sidewalk is against the back of the curb. The grade for the sidewalk on Highway #2 is to be
set from the curb in order to be consistent with the grade of the road. The elevation should match the
existing ground as closely as possible. This Item is to include re-grading on Green Road where the new
sidewalk ties in with the existing sidewalk on the north side of Prince William Boulevard. The fall of the
sidewalk is not to exceed 6%. Re-grading is also required on Green Road behind the sidewalk to tie in
with the existing ground.
Prospect Street, Bowmanville
The sidewalk on Prospect Street is to be replaced up to the north side of the driveway to #6 Prospect
Street. The sidewalk is to be raised 25 mm to 75 mm to match existing ground on the house side of
Prospect Street from #31 O'dell Street to approximately the mid-point of # 10 Prospect Street. Ensure
positive drainage is maintained at all driveways and front/side yards. Boulevard to be regraded and paid
for under Item #9. Driveways also to be regraded to accommodate drainage as identified in Item #9.
O'dell Street, Bowmanville
The sidewalk on O'dell Street is to be removed, and not replaced. New concrete walkways are to be
constructed on private property connecting the front entrances to the driveways at #32 and #36 O'dell
Street.
TownUne Road (Reg. Rd. 55), Courtice
The unit price for sidewalk construction is to include for adjustment of hand wells as required.
Main Street (Reg. Rd. 17), Orono
The sidewalk adjacent to the timber retaining wall in front of#5620 is to be removed and replaced
without impacting the retaining wall. The sidewalk in front of house #5370 is to be constructed to drain
water away from the house foundation, and towards the proposed yard drain.
BRICK PAYERS AND INSTALLATION OF SALVAGED PAYERS - ITEMS NO.5, 6, 15 AND
35
Payment shall be made under these Items for the supply and placing of brick pavers in sidewalk and
private walkways. The brick pavers used in private entrances shall be those salvaged under Items No. #8
and #19.
Brick pavers shall be placed in running bond pattern with single soldier course on each side of the
sidewalk. Salvaged brick pavers in private walkways shall be placed to match existing pattern.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-24
4.
The unit price bid for all Items shall include for supply, placing and compacting bedding sand, 100 mm
Granular' A' base and plastic or metal edge restraint with 10 inch galvanized spikes on both sides of
pavers. Depth of granular base shall be adjusted in areas where tree roots are encountered. Brick pavers
shall be natural grey in colour.
Surplus salvaged brick pavers shall remain the property of the respective home owners and shall be
stockpiled on the home owner's property.
ASPHALT RESTORATION - ITEMS NO.1, 11 AND 31
Payment shall be made under these Items for the following work:
· Sawcutting of asphalt where it is adjacent to the sidewalk.
· Removal and disposal of asphalt.
· Excavation and disposal of surplus material.
· Supply, placing and compacting 150 mm depth of Granular 'A', or match existing depth of granular if
greater than 150 mm.
· Supply, placing and compacting minimum 50 mm depth ofH.L.-3 asphalt in all residential driveways
and 90 mm, or match existing if greater, in all commercial driveways and roadways.
Where an existing driveway has sufficient depth of granular base, then a reduced price will be negotiated
with the Contractor for paving work on such driveways.
Where the sidewalk terminates at an intersection without concrete curb, a 1.5 m asphalt transition shall be
constructed to connect the sidewalk to the road.
No work shall be performed under these Items without the expressed approval of the Contract
Administrator.
Prospect Street, Bowmanville
The entire driveway aprons to #12 and #10 Prospect Street are to be reconstructed to provide a swale that
drains to the south.
Main Street, Orono
The driveway at #5259 is to be replaced to the first joint to the east, ensuring that there is positive
drainage out to the road. The driveway at #1574 is to be graded back approximately 3.0 m from the
sidewalk to improve the grading of the driveway. The limits are to be agreed upon with the Contract
Administrator. A consistent width of asphalt boulevard on the section from 10m north of Station Street to
house #5265 is to be removed and replaced, ensuring that there is enough space to adequately compact the
granular material. The asphalt boulevard south of Station Street, in front of #5221 Main Street, shall be
graded to create a swale that drains to the south.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-24
5.
ASPHALT CAPPING OF CONCRETE SIDEWALK - ITEM NO. 12
Payment shall be made under this Item for the following work:
· Removing vegetation and cleaning off sidewalk on the east side of Main Street across from House
#5530 to the southern limit of the existing sidewalk.
· Removing concrete sidewalk that is badly damaged or very steep, to be paid for under Item No. 18,
Sidewalk Removal. The extent ofremoval is to be agreed upon with the Contract Administrator.
· Supply, placing and compacting 150 mm of Granular' A' where sidewalk has been removed, to be
paid for under Item No. 13, Granular 'A' for Sidewalk.
· Supply, placing and compacting 50 mm depth ofH.L.-3 asphalt.
Main Street, Orono
Additional asphalt will be required to transition the asphalt capped sidewalk into the existing asphalt
gutter, so that a trip hazard is not created. The area of asphalt placed in the gutter will be paid for under
this Item.
ASPHALT BOULEVARD - ITEM NO. 23
Payment shall be made under these Items for the following work:
· Excavation and disposal of surplus material.
· Supply, placing and compacting 200 mm depth of Granular' A'.
· Supply, placing and compacting 50 mm depth ofH.L.-3 asphalt.
Townline Road, Courtice
The 1.5 m boulevard is to be asphalt with a minimum 2% drainage out to the road.
Main Street, Orono
The boulevard at the Sydney B. Rutherford Park is to be asphalt as shown on Drawing No.3.
GRAVEL DRIVEWAY - ITEMS NO.2, 24 AND 32
Payment shall be made under these Items for the following work:
· Excavation of existing driveway where directed and disposal of material. The Contractor shall
confirm the depth of granular material on each driveway before undertaking such work.
· Supply, placing and compacting 150 mm depth of Granular' A' or match existing depth if greater
than 150 mm.
No work shall be done under these Items without the expressed approval of the Contract Administrator.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-24
6.
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TOPSOIL (IMPORTED) AND SOD (NURSERY, UNSTAKED) - ITEM NO.9, 20, 28 AND 37
Under these Items and at the unit price bid, the Contractor shall supply and place topsoil and nursery sod
in restoration of grassed areas not covered elsewhere in the Contract.
Such areas shall be designated by the Contract Administrator and shall include boulevard and lawn areas
which are regraded or disturbed as a result of legitimate work operations.
The Contract Administrator and the Contractor shall work together to agree on areas for storage of
granulars or other materials and movement of equipment so as to minimize disturbance to grassed areas.
The Contract Administrator's decision is final with respect to payment for disturbed areas and the need
for restoration.
No work shall be undertaken under these Items without the expressed approval of the Contract
Administrator.
Under no circumstances shall topsoil be stored in any traffic lane on Highway #2 or Townline Road.
Screened topsoil shall be placed to a minimum depth of 100 mm.
Subsection 570.05.01 ofOPSS 570, August 1990 is amended by the addition of the following:
The topsoil shall be tested to ensure there are no deficiencies with respect to fertility levels. The soil shall
consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm +/- 2 ppm. The
potassium level shall be 235 ppm +/- 30 ppm. The soil shall have a base saturation of calcium of 75%,
+/- 10%. The base saturation of sodium shall be a maximum of 0.5%. The pH level shall be between 6.0
and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. Payment
for this testing shall be included in payment under the topsoil item.
If the topsoil does not meet all of the fertility elements the soils shall be treated with the required
amendments as recommended by the topsoil analysis report.
The Contractor is advised that in spite of the requirements ofOPSS 571 and the efforts of homeowners,
should sod not establish to the satisfaction of the Municipality within the two year maintenance period,
the Municipality reserves the right to implement additional works to remedy the situation.
Prospect Street, BowmanviUe
The boulevard at the north end of Prospect Street is to be re-graded and resodded from O'dell Street to the
south side of house #12 to create a swale that drains to the south.
MISCELLANEOUS WORKS - ITEMS NO. 10, 22, 29 AND 38
Under these Items the Contractor shall be paid on a time and material basis for works not covered
elsewhere in the Contract. Such works may include regrading of boulevard or ditch areas, salvage and
replacing stone chips in driveways or garden areas, adjustment of rail fencing, replacement of wood
entrance steps, lowering of maintenance holes and ditch inlets, and water valve box adjustment.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-24
7.
CLEARING AND GRUBBING - ITEM NO. 30
Work under this Item shall include trimming of branches that overhang the sidewalk and the removal of
trees and stumps as shown on the contract drawings.
GRANULAR 'A' FOR SIDEWALK (pROVISIONAL) - ITEMS NO.3, 13, 2S AND 33
The unit price bid for these Items is for the supply, placement and compaction of a 100 mm base for the
sidewalk including excavation and disposal of excess material off site. These Items shall be used at
locations as directed by the Contract Administrator.
200 mm DIA. PVC STORM SEWER LEAD - ITEM NO. 16
Under this Item and at the unit price bid, the Contractor shall supply all materials, labour and equipment
and all pipes of the required type, size and class.
The pipe bedding shall be in accordance with Standard C-I09 using crusher run limestone embedment,
sand cover and native backfill.
The unit price bid shall include for restoration in kind of all disturbed areas.
200 mm DIA. CSP CULVERT - ITEM NO. 17
The unit price bid for this Item shall also include for stripping of ditch at culvert location, excavation,
granular backfill, provision of suitable fill material to underside of sidewalk.
Main Street, Orono
The CSP culvert just north of the driveway to #5530 is to be removed and the area re-graded to provide
enough depth to cover the culvert with 200 mm of Granular' A', which is included in this Item.
300 mm PVC CATCH BASIN -ITEM NO. 21
Payment shall be made under this Item for the following:
· Excavate to place lawn drain.
· Supply and place 300 mm drain complete with square 300 mm lock down hinged grate, pipe as
required and 900 elbow.
· Backfill and compact around the structure with native material.
· Grade swale to suit grate elevation.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-24
Drain shall be "In-Line" as manufactured by Nyloplast or equivalent. Agents for supply area;
Brian A. Bondy
Advanced Drainage Systems Inc.
www.ads-pipe.com
Bus 905-812-0332
Fax 905-812-3323
Cell 416-526-4792
brian.bondy@ads-pipe.com
8.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-24
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STANDARD DRAWINGS
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ST ANDARD NO.
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C-I09
C-307
C-309
C-311
...
OPSD - 310.040
310.050
350.010
351.010
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...
7001-110-042
7001-110-049
7001-110-035
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P /29 553/Specs/S land Ora W ,doc
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PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2006-24
DESCRIPTION
P.V_c. STREET CATCH BASIN CONNECTION
STANDARD CONCRETE SIDEWALK
DRIVEWAY APPROACH FOR RESIDENTIAL DRIVEWAYS
SURFACE PAVEMENT JOThIT TREATMENT
UTILITY ISOLATION IN SIDEWALKS
SIDEWALK DRIVEWAY ENTRANCE DETAILS
URBAN INDUSTRIAL, COMMERCIAL AND APARTMENT ENTRANCES
URBAN RESIDENTIAL ENTRANCE
NYOPLAST - 8" - 30" TYPICAL INSTALLATION OPTIONS
NYOPLAST -12" STANDARD, SOLID & PEDESTRIAN
NYOPLAST - 12" STANDARD LOCKING GRATE ASSEMBLY
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STORM
SEWER
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WoNUf'IC/URED SANOED P.V.c.
st.m'E (WATERTlGHT)
SOlID WAIl. P.V.c.
CATCH BASIN lEAD
(s.D.R. 35)
CATCH
BASIN
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19mm CRUSHER RUN lAIESTONE TO
TOP OF PIPE. COWPACTED TO 98ll: SPO
NOTES
1 Pipe to enter catch basin at right angle
2 250mm dia. lead for double catch basin.
.3 200mm dia. lead for single catch basin.
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Clarin on
Serrices De ~ent
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P.V.C. STREET CATCH BASIN
CONNECTION
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DEPRESSED CURB---
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MAXIMUM SPACING Of' 30m BETWEEN EXf'ANSKlN ~
JOtNTS N<<> WHERE SlOEWAU< ABUTS >>l( RIClD
STRUCTURE
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150mm AT DRIVEWAYS
COMPACTED NATIVE MATERIAl
(SEE NOTES 1 AND 2)
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1 Use 100mm compacted granular 'A' if native material is deemed unacceptable by the Municipality.
2 Subgrade material to be well compacted, then dampened immediately prior to pouring sidewalk.
3 Concrete shall conform to OPSS specifications (30MPa, 7% :f:1.5% air).
4 Curing compound to be sprayed on sidewalk within 1 hour of finishing.
5 Expansion joints to be be placed full depth of sidewalk.
6 Contraction joints to be 257. of full depth of sidewalk.
7 Surface of sidewalk to have a broom finish.
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All dlmen.lon. are In metA. un'." oth.rwl.. noted.
II(IItSQl NO.
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STANDARD CONCRETE SIDEWALK
C-307
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REFER TO APPROVED
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..... 50mm HL3 ASPHAlT
..... l50mm GRANIJlAR "A" OR
CRUSHER RUN UMESlONE(CONPAClED)
COMPJC1tD SU9CRADE
SIDEWALK SIDE OF STREET
STREET
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CRUSHER RUN I.AlESTONE(COMPAClED)
COWPJC1tD SU9CRADE
NON-SIDEWALK SIDE OF STREET
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Clarington
Serrices De a~ent
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DRIVEWAY APPROACH FOR
RESIDENTIAL DRIVEWAYS
C-309
BASE ASPtW.T JOINT
PROPOSED PAVOlENT
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All dlmenalona aAl In mllllmetr.. unle.. atherwl.. noted.
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SURFACE PAVEMENT JOINT TREATMENT
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sidewalk
Typ
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Note 1
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Expansion joint
material
Catch
basin
race of curb
Typ
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Curb
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CATCH BASIN
Utility appurtenance
Expansion joint
Note 2
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Expansion joint material
Note 3
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UTILITY APPURTENANCE
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Expansion joint
Note 2
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Hot mix asphalt
Note 4
Pole
Provide a minimum of 100mm clearance
around pole
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UTILITY POLE
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NOTES:
Expansion joint through sidewalk is
required when curb and gutter is
poured integral with sidewalk.
2 Adjust joints to coincide with centre of
utility, with minimum slab length of 1 m.
3 Expansion joint material shall be placed
around utility appurtenance flush with
concrete surface.
4 For concrete alternative use expansion
joint material around box out.
A For expansion joint detail, see OPSD-310.010.
8 All dimensions are in millimetres unless
otherwise shown.
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ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2005 Rev 1
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UTILITY ISOLATION
IN CONCRETE SIDEWALKS
OPSD
31 0.040
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DRIVEWAY DIMENSIONS
WIDTH
...
LAND USE
m
One-Way Two-Way
min max min max
RADIUS
m
min max
Light Industrial
Commercial and A artment
4.5 7.5 7.2 12.0 4.5 12.0
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J....... Dropped curb L
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Heavy Industrial
5.0 9.0 9.0 15.0 6.0 15.0
DETAIL A
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See Table
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Concrete curb or
curb and gutter.
For entrance without
curb or curb and gutter
see Detail A
-1 b~
Left 3.0m min.
turn if required
lone
ROW _-.L_
Varies
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PLAN
R=5.0m for light industrial
commercial and apartment
entrances on 2 lone roods
...
60011')11')
R=8.0m for 011 heavy industrial
entrances, and for commercial and
apartment entrances on 4 lone roods.
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Bose
Subbase
...
NOTES:
A All dimensions are in millimetres unless otherwise shown.
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ONTARIO PROVINCIAL STANDARD DRAWING
URBAN
INDUSTRIAL, COMMERCIAL AND
APARTMENT ENTRANCES
OPSD
April 1999
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Boulevard
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Dropped
curb
J
600mm min
300mm 1 300mm
min A ~in
PLAN
600mm min
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ISOMETRIC VIEW
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SWfEntrance
4%max B%
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6%. Note 2
SECTION A-A
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CREST
DRIVEWAY DIMENSIONS
WIDTH
LAND USE
m
.J
NOTES: ~n
1 Maximum upgrade shall be 10%. Residential 3.0 4.3
2 Maximum downgrade shall be 8%.
A All dimensions are in millimetres unless otherwise shown.
max
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ONTARIO PROVINCIAL STANDARD DRAWING
April 1999
J
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URBAN RESIDENTIAL
ENTRANCE
OPSD
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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CONTRACT NO. CL2006-24
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OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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ONTARIO PROVINCIAL STANDARDS
FOR
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ROADS AND PUBLIC WORKS
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GENERAL CONDITIONS OF CONTRACT
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SEPTEMBER 1999
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GENERAL CONOmONS OF CONTRACT
-.
Table of Contents
'-
SECTION GC 1.0 -INTERPRETATION
II.
GC 1.01
GC 1.02
GC 1.03
GC 1.04
GC 1.05
GC 1.06
GC 1.07
GC 1.08
Captions.......... ......... ......... ....... ....... ..... ..... ........... ......... ............................ ............... 1
I..
Abbreviations.. .............. .......... .............. .......... ..... ..... .......... ......... ............................ 1
Gender and Singular References ............... .................... ........... .... ............ ......... ..... 1
Definitions.,.............. ....... .............,........................................................................... 1
'-
Substantial Performance ....................... ......... ................... ...................... ........ ........ 5
..
Completion......... ...................................................................................................... 6
Final Acceptance..................... .............................. ..................... ............................. 6
Interpretation of Certain Words ............................................................................... 6
"'" SECTION GC 2.0 - CONTRACT DOCUMENTS
...
GC 2.01
GC 2.02
Reliance on Contract Documents. ........... ................................ ................................ 7
Order of Precedence ............. ......................... ....................... ......... ........... .............. 7
1 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
..
GC 3.01
Contract Administrator's Authority ........ ....... ..................... ...... ................... .............. 8
Working Drawings ........................................ ..... ...................................................... 9
Right of the Contract Administrator to Modify Methods and Equipment .................9
Emergency Situations.. .......................................... ................................................ 1 0
layout..................................................................... ............................................... 1 0
Working Area. ........ .............. ............... .............. ....... ........ ...................................... 1 0
Extension of Contract Tune ................................,.......................................... ........ 10
..
GC 3.02
GC 3.03
GC 3.04
GC 3.05
GC 3.06
GC 3.07
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~
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GC 3.11
GC 3.11.01
GC 3.11,02
Delays ....... ...... ..... ........ ......................... ....... ......... ..... ......................................... ... 11
Assignment of Contract ............................... ................................ .......................... 11
Subcontracting by the Contractor.......................................................................... 11
Changes. ....... .............. ............, ................... ......... ...........................,.... ................. 12
Changes in the Work ,........................................... .................. .... ........................... 12
Extra Work.... ............... ............................................................... ........................... 12
~
GC 3.08
GC 3.09
GC 3.10
\
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OPS 0enenII Condltiol. 01 COnInIct - SepIMIber 1999
Table 01 ContentS -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, Negotiations, 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
GC3.14.05 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
SECTION 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 Construction 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 Defaull................................................................. 18
GC 4.08 Owner's Right to Correct Default........................................................................... 18
GC 4.09 Termination of Contractor's Right to Continue the Work....................................... 18
TebIe of Contents - Ii
OPS General Colldlllona of ConInlct - September 1999
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GC 4.11
GC 4.12
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GC 4.13
SECTION GC 5.0 - MATERIAL
...
GC 5.01
,
..
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
..
11II
,-.,
Final Payment to Contractor.............................................. ........... ....... ..... ............. 19
Tennination of the COntrad...........................,.......................................... ........ ..... 19
Continuation of Contractor's Obligations ........................... ....................... ............. 19
Use of Perfonnance Bond ..................................................................................... 19
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
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GC 6.03.07
GC 6.04
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Protection of Work, Persons and Property ............................................................23
Indemnification ......................................................................................,............... 23
Contrador'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
Contrador's Equipment Insurance .~........... ......... .................. .... ............................ 26
Insurance Requirements and Duration........................,......................................... 26
Bonding........ .................... ........................................ ......................... ...... ............... 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILmES AND CONTROL OF THE WORK
General............. ............,... ............... ..... ....... ........ ......... ........ ....... ......,.......... ......... 28
GC 7.01
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OPS General Conditions cf Contrac:t - Sept8I,Iber 1999
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
GC 7.11
GC 7.12
GC 7.13
GC 7.14
GC 7.15
Layout ....... ........... ......... .... ............ ....... ............... ......... ................ ..... .......... ........... 29
Damage by Vehicles or Other EquipmenL................,.......................................... 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
Measurement. ................................. ....... .... ............................................................ 35
Quantities............................................................................................................... 35
Variations in Tender Quantities ............................................................................. 35
Payment................................,...................... ......................................................... 35
Price for Work ................ ............. ... .... ........ ........ ........... ........ ..... ...... ........ ........ ...... 35
Advance Payments for Material.......,.... ..... .................................. ...!.. ............. ....... 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 Perfonnance 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..()ff ....................................... ............. .... ....................................... ...... 40
TebIe of Contents - Iv
OPS Generel CondItiona of Connc:t . September 1189
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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
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GC 8.02.06
Final Acceptance Certificate............................................... ................ ................... 43
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GC 8.02.08
GC 8.02.09
Payment of Workers .................... ............ .................. ........ ...... ............ .................. 44
Records ........... .... ..... .... ... ....... ......... ... ......... .............. .......... .............. ........ ,....... .... 44
Taxes and Duties. ...... .......................... .................... ................ .... ..... ... .................. 44
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Liq uidated Damages............ ...............................,........ ~...... ................................... 45
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OPS Gene,. Conditions d ConIred - Sepl8mber 1999
Table of eontenta - y
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Ontario Provincial Standards
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Roads and Public Works
September 1999
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GENERAL CONDITIONS OF CONTRACT
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SECTION GC 1.0 -INTERPRETA nON
I.
Captions
GC 1.01
.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 define, limit or enlarge the scope or meaning of the
General Conditions or any provision hereof.
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Abbreviations
GC 1.02
..
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
, the organizations and phrases listed on the right
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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 Sureau
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
"AASHTO"
"ANSI"
"ASTM"
"AWG"
"AWN A"
"CESA"
"CGSS"
"CSA"
"CWS"
"GC"
"MOE"
"MTC"
"MTO"
"MUTCD"
"OPS"
"OPSD"
"OPSS"
"PEO"
"SAE"
"SSPC"
"UL"
"ULC"
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Gender and Singular References
GC 1.03
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.01 References to the masculine or singular throughout the Contract Documents shall be considered to
include the feminine and the plural and vice versa as the context requires.
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Definitions
GC 1.04
.01 For the purposes of this Contract the foIowing definitions apply:
Actual Measurement: means the field measurement of that quantity within the approved limits of the
Work.
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OPS o.n..t CoIllIIlIona 01 Contract . September '899
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Additional Work: means work not provided for in the Contract and not considered by the Contrad
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 surface, finished grade, curb and gutter, or sidewalk.
Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontrad Completion.
Certificate of Substantial Perfonnance: 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.
.~
Change In the Work: means the deletion, extension, increase, deaease or alteration of lines, grades,
dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or
other conditions, changes in the charader of the Work to be done or materials of the Work or part thereof,
within~ 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 Time.
Completion Certificate: means the certificate issued by the Contract Administrator at completion.
Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act R.S.O. 1990, c.O.1, as amended and amendments thereto, 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 Contrad Documents.
Contract Administrator: means the person, 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 Contractor, the
Tender, the General Conditions of Contract. the Supplemental General Conditions of Contract. Standard
Specifications, Special Provisions, Contract Drawings, 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 Contrad 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 thereof, may include soil profiles, foundation investigation reports, reinforcing steel
schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings.
Contract TIme: means the time stipulated in the Centrad Documents for Substantial Perfonnance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
Contractor: means the person, partnership or corporation undertaking the Work as identified in the
Agreement
Controlling Operation: means any component of the Work, which, if delayed, will delay the completion of
the Work.
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OPS GenenII ColIClliDlIl d Connct - September 1999
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Cost Plus: See "Tme 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 Plans, or any reproductions of drawings or plans pertaining to the Work.
Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construction machinery andequipmenl
Estimate: means' a calculation of the quantity or,costofthe'Work -or-part:of it-idepending 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. Contract- within Its intended scope,
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 fonn 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 quantity,' although a quantity may be given
in the Contract Documents.
Major Item: means any tender Item that has a value, calculated on the basis of its actual or estimated
tender quantity, whichever is the larger, multiplied by Its tender unit price, which is equal or greater than
the lesser of,
a) $100,000, 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 material, machinery, equipment and fixtures forming part of the Work.
OPS o.w.I CondIIIona d ConIrKt. s.ptember 1989
P.3
Owner: means the party to the Contrad for whom the Work is being pertonned, 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
conaete, hydraulic cement conaete - Portland cement concrete, or plant or road mixed mulch.
Perfonnance Bond: means the type of security fumished to the Owner to guarantee completion of the
Work in accordance with the Contract and to the extent provided in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contrad 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,c;af Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and
availal>le from, the Owner.
..J~.,.
Records: mean any books, payrolls, 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.
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Standard Specification: means a standard practice required and stipulated by the Owner, for J
performance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the
Work by virtue of an agreement with the Contractor.
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Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base,
Subbase. and Pavement
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Subsurrace Report: means a report or other information identifying the location of utilities, 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 person, partnership or corporation, other than the Contractor, licensed in Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.l.8, as amended, executing a bond provided by
the Contractor.
Tender: C means an offer in writing from the Contractor, submitted in the format prescribed by the Owner,
to complete the Work.
Time and Material: means costs calculated according to clause GC 8.02,04, Payment on a Time and
Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning,
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UtIlity: means an aboveground or underground facility maintained by a municipality, public utility authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water, etectric, gas, oil,
steam, data transmission, telephone and cable television.
Warnnty Period: means the period of 12 months from the date of Substantial Perfonnance 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 established, 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
of the Work.
Working Day: means any Day,
a) except Saturdays, Sundays and statutory holidays;
. b) .. except a' Day asdetermii'1ed'bYlhe ContractAdministrator;'on"Whictl'the-"Contractor'isprevented by
-, inclement 'Neather or conditions resulting immediately 1herefrom....from--pmceeding -with' a'Controlling
. Operation. For the purposes of this definition, this will be a Day during 'whictr the Contractor cannot
proceed with at least 60% of the nonnal 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 Owner, or an emplOyee of anyone of them, or by anyone else acting on
behalf of the Owner.
ii. on~elivery of Owner-supplied materials,
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 generality thereof, include faIsework plans, Roadway
protection plans, shop drawings, shop plans or erection diagrams.
GC 1.05
Su~ntiaIPe~onnance
.01 The Work is substantially performed,
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 underthe'Contract is"capable'of~completion or, where there is a
known defect, the cost of correction, is not more than
i. 3% of the first $500,000 of the Contract price,
ii. 2% of the next $500,000 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 or, where the Owner and the
Contractor agree not to complete the Work expeditiously, the price of the services or materials
remaining to be supplied and required to complete the Work shall be deducted from the Contrad
price in determining Substantial Performance.
OPS 0...1 CondlIIonI d ConIract. SepIember 1899
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 than the lesser of,
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 time, the Contractor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract. .
GC 1.08
Interpretation of Certain Words
.01.;I:he words "acceptable", "approvar, "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.
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OPS 0ener8t COlIdlllons d ConIrect - September 1 st99
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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 m 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 folloWing documents, 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.
In the event of any conflict among or inconsistency in the information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall govern where they differ 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 over those of an earlier date in the same series.
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 Specifications, such as those produced by CSA. CGSB, ASTM and ANSI, and
referenced in the Ontario Provincial Standard Specifications.
.04 The Contract Documents are complementary, and what is required by anyone shall be as binding as
if required by all. "
OPS Gener8I CcMICIIIoM cI ConInIc:t - 8eplIImber 1_
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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 daims, 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 conformity with the plans and specifications,
and to record the necessary data to establish payment quantities under the schedule of tender
qi.iantities and unit prices or to make an assessment of the value of the work completed in the case of
!~4ump sum price contract.
.04 jile 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 8.0,
Measurement and Payment
.05 The Contract Administrator will with reasonable promptness review and take appropriate action upon
the Contractor's submissions such as shop drawings, product data, and samples in accordance 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 application by the Contractor, the Contract Administrator and the Contractor will jointly
conduct an inspection of the Work to establish the date of Substantial Performance of the Work
, and/or the date of Completion of the Work.
.09 The Contract Administrator will be, in the first ins1ance, the interpreter of the Contract Documents and
the judge of the performance thereunder by both parties to the Contract. Interpretations and
decisions 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 conform to the Contract Documents.
.11 Defective work, whether the result of poor workmanship, use of defective material, or damage
through carelessness or other act or omission of the Contractor and'wI1ether incorporated in the Work
or not, which has been rejected by the Contract Administrator as failing to conform to the Contract
Documents shall be removed promptly 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 removals, replacements or re-executions shall
be made good, promptly, at no additional cost to the Owner.
.13 If, in the opinion of the Contract Administrator, 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~.
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.14 Notwithstanding any inspections 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 or 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 the inspection of any portion of the Work. There shall not be any extra
compensation for the suspension of work.
GC 3.02
Working Drawings
.01 The Contractor shall arrange 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 orderly sequence so as to not cauSe delay in the' Work. '.lfeither the Contractor or
the Contract Administrator so requests they shall jointly prepare a schedule fixing the dates for
submission and retum of Working Drawings. Working Drawings shall, be submitted in printed form.
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 Administrator 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 Administrator's review will be to check for conformity to the' design . concept and for
general arrangement only and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract
Documents unless a deviation on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Contractor shall make any changes in Working, Drawings which the Contract.Administrator may
require consistent with the Contract Documents and resubmit unless otherwise directed by the
Contract Administrator. When 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 Working Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission
to construct granted."
.07 The Contractor shall keep one set of the revieWed Working Drawings, marked as above, at the site at
all times.
GC 3.03
Right of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shall, when requested in writing, make alterations 'in the method, Equipment or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment
.02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract
so as to avoid interference with work being perfonned by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
OPS GentnI CcIncIIIoN d ConInlc:t . Sept8mber 1899
Page 9
GC 3.04
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 action, 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 Contractor, the Owner will
pay for the remedial work.
GC 3.05
Layout
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.01 The Contract Administrator will provide baseline and benchmark information for the general location,
, -~tignment and elevation of the Work. The Owner will be responsible only for the correctness of the
. ,:~rmation provided by the Contract Administrator. '
~2R .
GC 3.06
Working Area
...-.!
.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 orderty condition
atall 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 Drawings, 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 purpose, 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 shall
enumerate 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.
d) Additional Work; See clause GC 3.11.03.
.03 The Contract Administrator will, in considering an application for an extension to the Contract Time,
take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a
Controlling 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 General Conc:IItIona ~ Connct - September 1999
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GC 3.08
Delays
.01 If the Contractor is delayed in the performance of the Wor1c by,
a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the
Owner or Contrad Administrator, or anyone employed or engaged by them directly or indirectly,
contrary to the provisions of the Contrad Documents;
b) a stop work order issued by a court or public authority, provided that such order was not issued as
the result of an ad or omission of the Contractor or anyone employed or engaged by the
Contractor directly or indirectly;
. c) the COntradAdministrator giving notice under subsection.GC7 .09, Suspension of Work;
d) abnormal inclement weather; or
e) 'archaeological finds in accordance with subsection GC 3.16, Archaeological Finds,
then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contrador
as the result of such delay, provided that in the case of an application for an extension of Contract
TlI1le due to abnormal inclement weather;" 'the' 'Conti actor'shall; with. the . Contractor's, application,
submit evidence from Environment Canada in '"support of such 'application. ".Extension. of Contrad
TlI1le 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 control,
then the Contract Tune shaH ;be' extended' in: accordance with 'subsection GC. 3.07 ; Extension of
Contract Time. In no case shall the extension of Contract Time be less than the time lost as the
result of the event causing the delay, unless a shorter extension' is agreed to by the Contractor~ . The
Contractor shall not be entitled to payment for costs incurred as the result 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
The Contractor may subcontract any part of the Work; subject to these General Conditions and any
limitations specified in the Contract Documents.
The Contractor shall notify the Contract Administrator, in writing,' otthe.intentionto subcontract. Such
notification shall identify the part of the Work; and the Subcontractor with whom it is intended.
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 will include the reasons for the rejection.
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.
The Contractor shall preServe alid protect the rights of the parties under the Contract with respect to
that part of the Work to be perfonned under subcontract and shall,
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 GeIMnI CondIIons d ConIrect. s.peember 1899
Pege 11
.06 The Owner's consent to subcontracting by the Contractor shan not be construed to relieve the
Contractor from any obligation 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 Owner, or the Contract Administrator where so authorized, 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 shall proceed with the Change in the Work.
.02 ,.The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3:07, Extension of Contract Time.
.03 If,;the 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 Tune and Material Basis.
GC 3.11.02
Extra Work
,01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform
Extra Work without invalidating the Contract. The Contractor shaD not be required to proceed with the
Extra Work until 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
3.07, Extension of Contract Tune.
.03 Payment for the Extra Work 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 Time and Material Basis.
GC 3.1.1.03
Additional Work
.01 The Owner, 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
Work, 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
3.07, Extension of Contract Tune.
.03 Payment for the Additional Work 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 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 defivered by hand or by facsimile transmission and on the fifth Day after the date of
mailing if sent by mail.
P8ge 12
OPS General COlldltb.. d Contr8ct - September 1_
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The Contractor and the OWner shall provide each other with the mailing addresses, telephone
numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the
commencement of the Work.
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.
.Any notice 'permitted 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
Where it is not contemplated elsewhere in'the Contract Documents; the Owner may use or occupy
the Work or any part thereof prior to SubstantiatPerformance; provided.that at least 30 Days' written
notice has been given to the Contractor.
The use or occupancy of the Work or any part thereof by.theOwner priottoSubstantial Performance
shall not constitute an acceptance of the Work or parts so occupied. In 'addition, the use or
occupancy of the Work shan not relieve the Contractor or the Contractor's Surety from any liability
that has arisen, or may arise, from the performance 'of the Work 'in . accordance- with' the' Contract
Documents. The Owner win 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 the terms of the
Contract.
GC 3.14
GC 3.14.01
Claims, Negotiations, Mediation
Continuance of the Work
.01 Unless the Contract has been terminated or completed, 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 which 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 Daily WOrIc'Records . to" be used in 'assessing1he Contractor's claim,
all in accordance with clause GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daily basis, to simplify review of the claim, when submitted,
.03 The keeping of Daily Work Records by the Contract 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 shall 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 COllldlllol. ofConlrect....... ,.
Pege13
.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 grounds, 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 claim, 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 information
within 30 Days of receipt of such request.
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor,
in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
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GC3014.04 Negotiations
.'C.~.
.01 "The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, information, 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 accordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration.
GC 3.14.05
Mecliation
.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 following the opinion given in paragraph GC 3.14.03.05, and
the Contractor wishes to pursue the issue further, the parties may, 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 shall
/~ 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 provide, without prejudice, 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 shall 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 ac:cording to the terms of Section GC 8.0, Measurement and
Payment
P.14
OPS GenetW CondItIons d Connc:t - September 1899
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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, Claims, Negotiations, Mediation, by
either party shall be construed as a renunciation or waiver of any of the rights or recourse available to
the parties, provided that the requirements set out in this subsection are fulfilled.
GC 3.15
GC 3.15.01
Engineering Arbitration
Conditions for Engineering Arbitration
If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke
the provisions 'of subsection GC 3;15, Engineering Arbitration, by giving written notice to the other
party.
Notification that arbitration shall be implemented to resolve the issue shall be 'communicated in writing
as soon as possible and no later than"60"Days'''foIlowing"the--opinion"'given in paragraph GC
3.14.03;05. Where the use of a third partymediatorwasimplemented;-notification 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. 1991, 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 3.15, Engineering Arbitration.
GC 3.15.02
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 inTeSpect 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 arbitration, the Contractor Shall confinn 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 uponby.the Owner and Contractor:toadjudicate 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 GenerII COlldllons d Connct.~ 1899
Page 15
.06 The arbitrator is not bound by the rules of evidence which govern the trial 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.
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,04 . The arbitrator may, in his or her disaetion, award reasonable costs, 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 remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor sha"
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 confirmed in writing
Within 2 Days. Work shall 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.
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Pege 16
OPS GeneteI Conditions ~ Contr8ct - September 1899
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SECTION GC 4.0 - OWNER'S RESPONSIBilITIES 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 fonn 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:-soJeIyJequired for 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 wi" necessitate special materials
management and disposition.
'.02 In accordancewithl'egulations under the Occupational Health and. Safety Act.; R.S.O. 1990, c.O.1, as
amended, the Owner advises that
a) the designated substances silica, lead and arsenic are generally present throughout the Working
Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestos is present in asbestos conduits for utilities;
c)' the. following' hazardous' materials areordinanly present in construction activities:' limestone,
gypsum. marble, mica and Portland cement; and
d) exposure 'to these substances may' occur as 'a result of activities by the Contractor such as
sweeping, grinding, crushing. drilling, 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 rlSted in paragraph GC 4.03.02. or not c1earty
identified in the 'Contract Documents according-,to.paragraph.'GC~~t(}3:03..!.then: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 removing, 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 Workplace Hazardous Materials Information System or WHMIS, 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 Conb actor in writing of changes to the list and provide relevant
Material Safety Data Sheets.
OPS GenerII CondItIona of Connct. SepeImber 1888
Page 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 ,~~96 Notification of Default
~ '~:il-
.01i:The Owner will give written notice of a default to the Contractor as soon as the Owner becomes
aware of the alleged 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 a 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 shan not be in default if the Contractor,
a) commences the correction of the default within the 5 full 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.
GC4.08
Owner's Right to Correct Default
.01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07,
3~pntractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to
,a9Y other right or remedy the Owner may have, may correct such default and deduct the cost thereof,
as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor.
GC 4.09
Tennlnation 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 subsequently agreed upon, the Owner, without prejudice to
any other right or remedy the Owner may have, may terminate the Contractor's right to continue the
Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner
will 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 intencled
to be incorporated into the Work, 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 withdl'8Wl1 is completed;
P8ge 18
OPS 0enInI COIIdIIoI.. cf Contt8ct . September 1899
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d) charge the Contractor the additional cost over the Contrad price of completing the Work or portion
thereof withdrawn from the Contractor, 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 allowance, as detennined by the Contract Administrator, to
cover correction to the Work perfonned by the Contractor that may be required under subsection
GC 7.15, Warranty;
f) charge the Contrador 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 7.15, Warranty, exceeds the allowance provided for such corrections.
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GC 4.10
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 ,4.09,'Tennination,of.,,eontractor's Right to
.. Continue the Work,' the Owner will pay the'balance to'the'Contractor assoon:as the final accounting
for the Contrad is complete.
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GC 4.11
Tennlnation 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, 'tenninate,the Contract by giving written notice of termination to the
Contractor, theSurety"and .any trustee..or receiver acting on behalf of-the Contractor's estate or
creditors.
il!.
.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 Contract as to quality; correction and warranty of the Work
performed prior to the time of termination of the Contrad or tennination of the Contractor's right to
continue with the Work in whole or in part shall continue to be in force after such termination.
III
GC 4.13
Use of,Perfonnance Bond
.. .01 If the Contrador 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 Performance
Bond. ..,
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OPS GenetW CondIIona of Connc:t. SepIIImber 1_
Pege 18
GC 5.01
SECTION GC 5.0 - MATERIAL
Supply of Material
.01 All Material necessary for the proper completion of the WOfk, except that listed as being supplied by
the Owner, shaD 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 suppUed 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
.;~pection or testing a sample of any Material to be supplied by the Contractor.
.04 ,The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the
Material manufacturer or supplier to carry out such inspection, sampling and testing as specified or a
.' requested by the Contract Administrator.
.05 The Contractor shall 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 carry 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.
GC 5.03
:~~
Rejected Material
.01 R;jected Material shall be removed from the Working Area expeditiously after the notification to that
El~ect 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 designated, which shall be
regarded as the standard of quality required by the specification. After the acceptance of the Tender,
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.
Plge 20
OPS General COlldlllona 01 Contract . September 1999
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.02 Rulings on a proposed substitution will not be made prior to the ac:ceptance 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 disaetion of the Contract
Administrator.
.03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entiUed
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 form of
"Certification 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: ordered ''by the Contractor in
excess of the amount specified to complete the Work;,:.such..:excess..MateriaI 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 shall, in advance of receipt of shipments of Material supplied by the Owner, 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 Owner, 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 replaced or repaired by the Contractor at no expense to
the Owner, 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 shall remain in the care
and at the risk of the Contractor until its disposition has been determined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are disaepancies between the quantities received'and,-the ,:quantities.shown on the bills of
lading, 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 not, except with the written permission of the Contract Administrator, be used by the Contractor
for purposes other than the performance of the Work under the Contract.
.05 Empty reels, crates, 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 Generat CondItIona d ContrIld - SeplM1ber 1899
PlgeZ1
.06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment.
copies of bills of lading, 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 Owner, immediately upon commencement of operations,
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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Pege 22
OPS General Condltionad Connc:t - September 1999
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SECTION GC 6.0 -INSURANCE, PROTEcnON AND DAMAGE
GC 6.01
Protection of Work, Persons and Property
.01 The Contractor, the Contractor's agents and all workers employed by or under the control of the
Contractor, including Subcontractors, shall protect the Work, persons and property from damage or
injury, 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 perfonnance 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.
The Contractor shall immediately inform the"Contract Administrator of all~damage and injuries which
occur during the tenn of the Contract.
The Contractor shall not be responsible for loss and damage that occurs as a result of,
a) war;
b) blockades and civil commotions;
c) errors in the Contract Documents; or
d) acts or omissions of the Owner, the Contract Administrator, their agents and employ~, or others
not under the control of the Contractor, but within the Working Area with the Owner's pennission.
The Contractor and his Surety or Sureties, shall not be released from any tenn or provision of any
responsibility, obligation or liability under the Contract or waive or impair any of the rights of the
Owner except by a release duly executed by the Owner.
GC 6.02
Indemnification
.01 The Contractor shall indemnify and hold harmless the Owner and the 'Contract Administrator, their
agents, officers and employees from and against all claims, demands, losses, expenses, costs,
damages, actions, suits or proceedings by third parties, hereinafter called -claims-, directly or
indirectly arising or alleged to arise out of the performance of or the fatlure to perfonn the Work,
provided such claims are,
a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissions of the. Contractor or anyoneJorwhose 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 Performance of the Work or, where so specified in the
Contract from the date of certification of Final Acceptance.
.02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages.
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material furnished by the Contractor under the
Contract.
.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 harmless the Contractor, his agents, officers and employees
from and against aU claims, demands, losses, expenses, cOsts. damages, actions, 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 Genei'll Condlllons d Contract - September 1899
Pege 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 andGC 6.03.03.
Insurance coverage in clauses 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 Uability Insurance
.01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract
,~ministrator named as additional insureds, with limits of not less than 5 million _dollars inclusive per
QC;CUrrence for bodily injury, death, and damage to property including loss of.use thereof, with a
'P!9perty damage deductible of not more than $5000. The form of this inSurance shall be the
I~surance Bureau of Canada Fonn IBC 2100, 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 included. Approval of this insurance will be
conditional upon the Contractor obtaining the services of an insurer licensed 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 Performance of the Work, as set out in the Certificate of Substantial
Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and
with respect to completed operations coverage for a period of not less than 24 months from the date
of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be
maintained for a further period of 4 years.
.04 I The Contractor shall submit annually to the Owner, proof of continuation of the completed operations
coverage and if the Contractor fails to do so, the limitation period for claiming indemnity desaibed in
paragraph GC 6.02.01 c), will not be binding on the Owner.
.05 5.bould the Contractor decide not to employ Subcontractors for operations requiring the use of
~Iosives for blasting, or pile driving or caisson work, or removal or weakening of support of property
~ilding or land, IBC Form 2100 as required shall include the appropriate endorsements.
':1';."".
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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 restricting coverage.
.07 "Claims Made" insurance policies will {lot be permitted.
GC 6.03.03
Automobile liability 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
cancellation, change or amendment restricting coverage:
a) standard norH)Wfl8d 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.
Page 24
OPS o.nw.a CondIIIona.ol Contract - September 1899
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GC 6.03.G4
Aircraft and Watercraft liability Insurance
.01 Aircraft and watercraft liability 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 premises, shall
be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death,
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.lessthan.the'.sum..ofthe ,amount of the
Contract price and the full value, as may_,be stated.-in .the..supplemeotaLGeneraLConditions, of
Material that is specified to be provided by. the' OWner: for......incorporation.jnto the Work, with a
deductible not exceeding 1 % of the amount insured at the site of the Work. This insurance shall be in
. 'a fonn acceptable to the OWner and shaD be maintained continuously until 1 0 Days after the date of
Final Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.02
Boller Insurance
'.01 "Boiler in$urance insuring the interests of the Contractor, the OWner and the Contract Administrator for
not less than the replacement value of boilers and pressure vessels forming part.of the Work, shall be
in a form acceptable to the Owner. This insurance shall be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Final
Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.03 '
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 Perfonnance, 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 from the.Contractor~and priocJo~sucb_ use or occupancy
shall provide, maintain and pay for property and boiler "insurance insuring. tt\e,.fuD value of the Work,
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 shall provide that, in the event of a loss or damage, payment shall be made to the Owner
and the Contractor as their respective interests may appear. The Contractor shall act on behalf of
both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is determined the Contractor shall
proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party
under the Contract except that the Contractor shall be entitled to such reasonable extension of
Contract Time relative ,to the extent of the loss or damage as the Contract Administrator may decide
in consultation with the Contractor.
OPS o.ner.a CoIldiIiona of ConInId - SepeImber 1899
P8ge 25
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds and in aCCOrdance with the
requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be
entitled to receive from the payments 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 exduded from the Contractor's responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6.03.06
Contractor's Equipment Insurance
.01 All risks Contractor's equipment insurance covering construction machinery and equipment used by
the Contractor for the performance of the Work, including boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims
by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less
than 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 permission 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 1 0 Days after the date of Final Acceptance of the Work, as set out
in the Anal Acceptance Certificate.
.02 The Contractor shan provide the Owner, on a form acceptable to the Owner, proof of insurance prior
to commencement of the Work, and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each
insurance policy exdusive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the insurance. The certified true copy shall indude a signature by an officer
of the Contractor and in addition, 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 Owner, on a form acceptable to the
Owner, 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 6.03,
Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner will have the right to
proVide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost
thereof shall be payable by the Contractor to the Owner on demand.
Page 26
OPS General Condlllona 01 Contract - September 1999
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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 formal demand for reimbursement of such costs the Owner may deduct
the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
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.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender
documents.
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.02 Such bonds shall be issued 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.
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OPS GenenlI Conditions of Connct. september 1899
Page 27
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SECTION 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, methods, techniques, sequences and procedures and for coordinating the
va~ous parts of the Work.
'~....
.04 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and
. removal of temporary structures and other temporary facilities and the design and execution of
',~nstruction 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 shan 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 shall, 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 "Act") and Ontario Regulation
213/91 (which regulates Construction Projects) and any other regulations under the Act (the
"Regulations") which may affect the performance of the Work, as the "constructor" or "employer", as
defined by the Act, 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 "constructor"
and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work,
and a personal commibnent to comply with them;
c), a copy of the most current version of the Act and the Regulations are available at the Contractor's
office within the Working Area, or, in the absence of an office, in the posseSSion of the supervisor
, ,"::,responsible for the performance of the Work;
; d):workers employed to carry 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 carry 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 proper1y 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 meeting, 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
Contractor's failure to comply with the requirements of the Act and the Regulations.
P8ge28
OPS 08...... Condltiona of, Connc:t - September 1999
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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 WHMIS,
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 perfonned,
to act for or on the Contracto(s behalf. Prior to commencement of construction, the Contractor shall
notify the Contract Administrator of the names;' addresses,' positions and telephone numbers of the
Contracto(s representatives who can be contacted at any time to deal with matters relating to the
Contract
.10 The Contractor" shal....at no' additional cost to the Owner, furnish all reasonable aid, facilities and
assistance required by the Contract Administrator'forthe:proper inspection and examination of the
Work or the'taking of measurements for the pu~.of payment
.11 The Contractor shall prepare, and update as required, a construction schedule indicating the timing of
the 'major and critical activities of the Work. The schedule shall be designed to ensure confonnity
with the specified Contract 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 error, inconsistency or omission relating to the Contract, the
Contractor shall prompUy'report it to the ContradAdministrator 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 Contractor
shall be responsible for any damage done to the underground utilities by the Contracto(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 bars, basefines 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 fertile ,preservation of all property. ban( while the Work is in
progress, except those property bars ,which' must ,be removed. to_facifitate:",the Work. Any other
property bars distUrbed, damaged or removed by the Contractor's operations Shan be replaced by an
Ontario Land Surveyor, at the Contractor's expense.
.03 At no extra cost to the Owner,the 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 layout and estabtish all lines and grades
necessary for construction. The Contractor shall notify the Contract 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 Contract Administrator.
OPS GerMnI CondItIons tl Connc:t. SepeImber 1898
Pege 29
.06 The Contractor shall assume full 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 stakes, 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
operations, such stakes, marks and reference points will be replaced by the Contract Administrator at
the Contractor's expense.
GC7.03
Damage by Vehicles or Other Equipment
.01 If at any time, in the opinion of the Contrad Administrator, damage is being done or is likely to be.
done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's
.' vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the
direction of the Contract Administrator, and at no extra cost to the Owner, make changes or
..,sl1bstitutions for such vehicles or equipment, and shall alter loadings, or in Some other manner,
're.move the cause of such damage to the satisfaction of the Contract Administrator.
"""
GC 7.04
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 vehicle, the Contractor shall not cause or pennit
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 permitted.
The Contractor shall bear the onus of weighing disputed loads.
GC 7.05
Condition of the Wortdng Area
.01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of
debris, 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 Area, whether along an existing
Hignway, including the road under construction, or on detours within or adjacent to the Highway, in
accordance with the MUTeD.
.02WContractor shall not be required to maintain a road through the Working Area 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 shallbnot be required to apply deicing chemicals or abrasives or carTy 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 Contract Administrator requires detours at specific
locations, payment for the construction of the detours, and if required, for the subsequent removal of
the detours, will be made at the Contract prices appropriate to such work,
Pege 30
OPS 0eneraI CondIUona of Connct - September 1899
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.05 The Contrador shall maintain, in a satisfactory condition for traffic, a road through the Working Area.
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 prices. at negotiated prices. Notwithstanding the foregoing.
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 'Contrad 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
construded and maintained to struCtural' 'aM' geomebicstandards7':a~ by the Contract
Administrator. Removal and site restoration shalL be , performecLas.cfm!Cted by the Contract
Administrator.
.08 Where, with the prior written approval of the Contrad Administrator, the Highway is closed and the
'traffic diverted entirely off the Highway to any other Highway. the Contractor shall. at no extra cost to
the Owner, supply, '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 'ofWork. 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 Owner.
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'requirec:tanc:Lare authorized by the
Contract Administrator, the Contractor shall 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 Permits, the Contractor shall obtain and pay
r for any permits, licenses" and certificates which at the date of tender dosing, are required for the
.. performance of the Work.
.02 The Contrador shall arrange for all necessary inspections required by the approvals and permits
~ specified in paragraph GC 7.08.01.
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Pege31
GC 7.09
Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or
all of the Work and work shall not be resumed until the Contract Administrator so directs in writing.
Delays, in ,these circumstances, will be administered according to subsection GC 3.08, Delays.
GC 7.10
Contractor's Right to Stop the Work or Tenninate 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 notice, terminate the Contract.
.02' If the Work is stopped or otherwise delayed for a period of 30 Days or more under 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 Contractor" .the Contractor may,
~~ prejudice to any other right or remedy the Contractor may have. by giving the Owner written
~ce. terminate the Contract
.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
Owner is in default of contractual obligations if.
a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section
GC 8.0. Measurement and Payment;
b) the Owner fails to pay the Contractor. within 30 Days of the due dates identified in clause GC
.' 8.02.03. Certification and Payment, the amounts certified by the Contract Administrator or within
30 Days of an award by an arbitrator or court; or
c) 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 immediately 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 terminate 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 perfonned 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..11
Notices by the Contractor
.01 aetore work is carried out which may affect the property or operations of any Ministry or agency of
gOvernment or any person, company, partnership or corporation, 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 Documents, the Contractor shall give at least
48 hours advance written notice of the date of commencement of such work to the pe~on, company,
partnership, corporation, board, or commission so affected.
.02 In the case of damage to. or interference with any utilities, pole lines. pipe lines, conduits, farm tiles,
or other public or privately owned works or property, the Contractor shall immediately notify the
Owner and the Contract Administrator of the location and details of such damage or interference.
Pege32
OPS Gener.I CondlIions rI Contract . September 1899
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GC 7.12
Obstructions
.01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in the perfonnance 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 loss, 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 descnbed 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 determined by the
visual site investigation made by the Contractor in accordance with these General Conditions.
.03 During the course of the Contract, it is the'.Contractor's:responsibilityto:amsult~ utility companies
; or other appropriate authorities for further;lnformationin ,regard to.the exactJocation of these utilities,
to exercise the necessary care in construction'operations;"and1o1ake-such-other precautions as are
necessary to safeguard the Utility from damage.
GC 7.13
Limitations of Operations
.01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe
and satisfactory condition, the Contractor shall not carry on operations under the Contract on
Sundays without permission in writing from the Contract Administrator.
.02 The Contractor shall cooperate with other Contractors, 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 Performance of the Work, the Contractor shall remove surplus materials,
, tools, construction machinery and equipment not required for the performance of the remaining Work.
The Contractor shall also remove all temporary works and debris other than that caused by the
Owner, 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 reached Completion1lfltiltheQ>>ntractor has removed surplus
materials, tools, construction machinery, and' 'equipment The Contractor shall also have removed
debris, other than that caused by the Owner, or others. . .
GC 7.15
Warranty
.01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the
design and specifications permit such performance.
.02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the
Owner, defects or deficiencies in the Work which appear,
a) prior to and during the period of 12 months from the date of Substantial Performance of the Work,
as set out in the Certificate of Substantial Performance of the Work,
b) where the work is completed after the date of Substantial Performance, 12 months after
Completion of the Work,
c) where there is no Certificate of Substantial Perfonnance, 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
OPS General COndItIons 01 ConIrKt - September ,.
P8ge33
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 correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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P8ge 34
OPS Genel'aI CondItIona d Contract. ~ 1899
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
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GC 8.01
GC 8.01.01
Measurement
Quantities
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.01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work
perfonned. The first estimate will be the quantity of Work perfonned since the Contractor
commenced the Contract,. and every subsequent estimate; except the final one,will be of the quantity
of Work perfonned since the preceding estimate was made. The ContraclAdministrator 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 theWorkperfonned'wiU be:either:by~1 Measurement or by
Plan' Quantity principles as indicated 'inthe" COritl'act:.... Adjustmen1s, tcrPlarr eluantity measurements
will normally be made using Plan Quantity principles but may, where' appropriate, be made using
Actual Measurements. Those items identified on 'the 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
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GC 8.01.02
Variations In Tender Quantities
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.01 Where it appears that the quantity of Work to be done 'and/or MateriaI,to be supplied by the
Contractor under a unit price tender item will exceed or be less than the tender quantity, 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 performed 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 party to' 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. ofWotk perfonned andlorMaterial 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.fixed:costs.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. Alternatively,
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.
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GC 8.02
GC 8.02.01
Payment
Price for Work
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.01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its
performance. The tenn "all labour, Equipment and Materiar shall include Hand Tools, supplies and
... other incidentals.
OPS Generll Condltlona d Contr8ct - Seplember 1999
Page 35
I.
.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 terms and conditions:
a} The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage faciflties and notify the Contract Administrator of their locations.
b} The value of aggregates, processed and stockpiled, shall be assessed by the following procedure:
i. Sources Other Than Commercial
(1) Granular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland
cement concrete shall be assessed at the rate of 25% of the Contract price for each
aggregate stockpiled.
. ;;~-ii. Commercial Sources
~.
,~ Payment for separated coarse and fine aggregates will be considered at the above rate when
~g' 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 price, and the Contractor shall submit proof of cost to the Contract
Administrator before payment can be made by the Owner.
d) The payment for aff Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover the value of the materia/. Such payment shaff not exceed 80%
of the Contract price for the item.
e) All Materials for which the Contractor 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 WOfk. The Contractor shaff 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 shaff remain at the risk of the Contractor 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 fisted in paragraph GC
8,02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
~I/ only be determined when the material meets the requirements of the appropriate specification.
GC 8.02.03
Certification and Payment
Progress Payment Certificate
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GC 8.02~03.01
.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,
Quantities.
.02 The progress Payment Certificate will show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Materials;
d) the amount of statutory holdback, liens, Owner's set-off;
e) the amount of GST as applicable; and
f) the amount due the Contractor.
Page 36
OPS GerMnI Condltlona of Contract - SepIember 1898
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.. .04 Payment will be made within 30 Days of the Cut-Off Date.
.03 One copy of the progress Payment Certificate will be sent to the Contractor.
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GC 8.02.03.02
Certification of Subcontract Completion
.01 Before the Work has reached the stage of Substantial Perfonnance, the Contractor may notify the
Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the
Contract Administrator certify. the completion of such subcontract.
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. .
The 'ContractAdministrator will set out in the Certificate of Subcontract, Completion the date on which
the subcontract was completed and within'7 Days of;the date the "subcontract is certified complete,
the Contract Administrator will give a copy'ofthecertificate'to',the:Contract:or--and:to the Subcontractor
concerned.
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
daims 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 statutory holdback by the Owner In respect of a subcontract shall not relieve the
Contractor, or the Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04
CertlficationofSu~ntialPenonnance
.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 Performance 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 Performance, the Contractor shall forthwith, as
required by Section 32(1) Paragraph 5 of the Construction Uen Act, R.S.O. 1990, c.C.30, as
amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall
indude placement In the Daily Commercial News.
OPS Gener8I CondIlIona d Contract - SeptiIrnber 1.
Pege 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 Administrator, 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 Act, the 45-day lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance
Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GC8.02.03.05
Substantial Perfonnance Payment and Substantial Perfonnance 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
~~rformance Statutory Holdback Release Payment Certificate or where appropriate, a combined
;~yment certificate. -
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.02:~ Substantial Performance Payment Certificate will show,
aj'thevalue of Work performed to the date of Substantial Performance;
b) the value of outstanding or incomplete Work;
c) the amount of the statutory holdback, anowing 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 publication 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 3.14, Claims, Negotiations, Mediation;
b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred
::~by the Contractor and the Contractor's Subcontractors in canying out the Contract have been
, ~lSCharged except for statutory holdbacks proper1y retained; .
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
'~proof of publication of the Certificate of Substantial Performance.
~~y,
GC 8.02.03.06
Certification of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completion, 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
,~ to th~ Contractor.
P8ge 38
OPS Geneqf CondIIona d Contract . September 1899
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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 appropriate, 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 Performance Payment Certificate
referred to above; and
c) the amount due the Contractor.
.03 The Completion Statutory Holdback ReIease.PaymenLCertificate ,wiI.1; be;:.a. paymentcei'tificate
'releasing to the Contractor-the' further statutory 'hOldback:, . Paymentof..sucll~statutory holdback shall
be due 46 Days after the date of CompletiOriioftheWorkas.established~by:th&.Completion.Certificate
but subject to the' provisions of the Construction UenAct .anctthe:submission"by the Contractor 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 carrying out the Contract have been
discharged, 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 perfonned, or
for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to
receive interest on the outstanding payment at the Rateof'lnterest,'ifpayment.is not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days after the Cut-off Date;
b) Certificate of Subcontract Completion: . 30 Days after the datecertifiedas.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
requirements, 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 o.ner.I Conditions d Contract - September ,.
Page 39
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OPS Genend ConcIItIona d Contract - September 1999
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GC 8.02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter provided, where a notice of negotiation, 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, Claims, 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 settled
claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of
the Work.
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.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
,~ 3.14, Claims, Negotiations, Mediation, interest shall not be paid.
.04 "1Mtere" a Contractor fails to comply with the 3O-day time limit and the procedures prescribed in
. ~f'ag(8ph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period.
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GC 8~02:03~11
Owner's Set-Off
.01 .' Pursuant to Section 12 of the Construction Uen Act, the Owner may retain from monies owing to the
Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities
including the cost to remedy deficiencies, 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, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safely and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06, 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
GC 8Jla:O;t~01
Payment on a Time and Material Basis
Definitions
.01 FQ!,:'the purpose of this clause the following definitions apply:
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Cost of Labour: means the amount of wages, salary, travel, travel time, food, 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 hourly rates of pay for such labour
and supervision, 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 purchased, or supplied from stock, and valued at current
market prices, for the purpose of carrying out Extra Work, by the Contractor, 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 insurance. vacation pay, employment
insurance, public liabUity and property damage insurance, sickness and accident insurance, 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, finn or corporation that is not an associate of the lessee as defined by
the Securities Act. R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator,
Road Work: means the preparation, construction, finishing and construction maintenance of roads,
'streets; highWays and' parking 'lots and includes all work incidental thereto other than work on strucbJres.
Sewer and Watennain Work: means the preparation, construction, finishing and construction
maintenance of sewer systems and watennain systems,' and includes all work incidental thereto other than
work on strucbJres.
StandbyTIme:'means any period of time Which' is'not-considered 'Working :T~ Which together with
the Working Tame does not exceed10hours"in',any:one,Working:Oay,and ',duriligwhich time a unit of
equipment cannot practically be used on other...work-butmustremain:on'.tbe'site:in.order to ,continue with
its assigned task and during which time the unit is in fully operable condition.
Structure Work: means the construction, 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 and 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 for payment on a Tmeand Material basis. The Work on a Time
and Material Basis shan 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, immediately. following 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 other work but must remain on the site in order to continue with
its assigned tasks and during which time the unit is ina 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
I ' 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.
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GC 8.02.04.03
Payment for Work
.01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do
the Work on a Time 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 General Condltlona 01 Connct - Sepl8mber 1.
Pege41
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 $3000, 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 Time 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 Time and Material project at 120% of the
.;~of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of
, ':C$iOOo, .
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GC '8:02:04.06 Payment for Equipment
GC 8.02.04.06.01
Working TIme
.01 The Owner will pay the Contractor for the Working Time of all equipment otI'H!r than Rented
Equipment and Operated Rented Equipment used on the Work on a Tune and Material basis at The
127 Rates with a cost adjustment as follows:
a) Cost $10,000 or less - no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion
in excess of $10,000; 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 Time of Rented Equipment used on the Work on a
Tme and Material Basis at 110% of the 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 Tme and Material Basis at 110% of the Operated Rented Equipment invoice price
approved by the Contract Administrator prior to the use of the equipment on the Work on a Time and
.' Miterial Basis.
GC 8~02104~06.02
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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 Tme 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 TIme and Material Basis to be retumed to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such retum.
P8ge42
OPS General Condlllona d Contrad - September 1899
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.04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, 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 '
.01 Where the Contractor arranges for Work on aTme and Material Basis, or.a part of it, to be performed
, by Subcontractors., on ,aTlI'1le' ancLMaterial ,basis.,. and..-has~ived ..apprpval. prior to the
. "commencement . of.' such '. work: '~in accordance witb2.:.the)~requirements:::of-iiSubsection: GC, 3.10,
"- .' SubContracting by the Contractor; the Owner will paythe;c:ost'of,Work,on.a-rm~ancj.~terial Basis
- by1he Subcontractor calculated-as,jf the ,Contractor had.don&tbe..Worfc..on.~TlIlleland.Material Basis,
plus 'a markup calculated on the following basis:
a) 20% of the first $3,000; plus
b) 15% of the amount from $3,000 to $10,000; plus
c) 5% of the amount in excess of $10,000.
.02 .No further markupwil be applied regardless.oUhe extent to which.the work is assigned or sublet to
. others.' If work' is:assigned ,or, sublet'.to an. associate,. as ,defined by the. Securities ,Act no markup
whatsoever will be applied. . -
GC 8.02.04.09
Submission of Invoices
.01 At the start of the Work .on a Tame and Material Basis. the Contractor .shall_provide,the applicable
, labour and' Equipment rates not already submitted to.the Contract Administrator during the course of
such work.
.02 .Separate-summaries shall be'completed by the Contractor according to thestaodard foon."Summary -
for Payment .of Accounts on a Tme, 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 Materials. Rented Equipment and other charges incurrecl'bythe Contractor on the Work
on a Tune and Material Basis .11 be included with each.summary.~-c_c~;:" ".,-._.C,,'. .,.c,
::03 Each month ,the . Contract Administrator will include,witb the.l1lQDthly~pr:Qg~.PSI~~ ~cate. the
costs of the Work on a Tme 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
Time 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 corrected, as the case
may be. and the Contractor has discharged all obligations under the COntract.
OPS ~ Condltlona d Connc:t - September 1.
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OPS ,Gene"" Condftlona 01 Contrec:t - September 1999
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GC 8.02.06
Payment of Workers
.01 The Contractor shall. in addition to any fringe benefits, 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, 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 seWed, whichever is longer. The Contractor shall require that Subcontractors employed
by the Contractor preserve all 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, Daily Work Records are required, such records shall
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Daily Work Records shall 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 Contract. The Contractor shall supply .
certified copies of any part of its Records required whenever requeSted by the Owner.
GC 8.02.08
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 shall 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 shan be submitted not less than 30 Days after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shall submit to the Contract Administrator, 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 commodities, which when left in
. place form part of the finished Work, or the provision of services, where such services form 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 Subcontractor, 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 commodities, which do not fonn part of the Work.
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GC 8.02.09
Liquidated Damages
.01 When ~quidated damages are specified in the Contract and the Contractor fails to complete the Work
in accordance with the Contract, the Contractor shall pay such amounts as are specified in the
Contract Documents.
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