HomeMy WebLinkAbout2006-145
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2006-145
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Dynex
Construction Ltd., Concord, Ontario, to enter into agreement
for the Farewell Creek Erosion Protection, Courtice Ontario.
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS
FOllOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Dynex Construction Ltd., Concord, 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 26 day of June , 2006.
By-law read a third time and finally passed this 26 day of June, 2006.
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
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FAREWELL CREEK
EROSION CONTROL WORKS AT COURTICE
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CONTRACT NO. CL2006-26
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MAY 2006
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architects
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TSH No. 12-29481
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AGREEMENT
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THIS AGREEMENT made in quadruplicate
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BETWEEN: DYNEX CONSTRUCTION LTD.
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of the Regional Municipality of York 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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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Municipality ofClarington Contract No. CL2006-26, Farewell Creek Erosion Control Works.
... ADDENDUM NO.1 dated May 29, 2006
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A.
TENDER FORM: General
Itemized Bid
Bonds
Schedule of Tender Data Page 6
STANDARD TERMS AND CONDITIONS Pages 1 to 9
SCHEDULE C - CONTRACTOR SAFETY
INSTRUCTIONS TO TENDERERS
SPECIAL PROVISIONS - GENERAL
SPECIAL PROVISIONS - TENDER ITEMS
STANDARDS
PLANS: Drawings No. 1,2,3 and Ll
ST ANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications.
Pages 1 and 2
Pages 3 and 4
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I.
Pages 1 to 4
Pages 1 to 10
Pages 1 to 18
OPSS No. Date OPPS No Date OPSS No. Date
127 Current 511 Nov. 2001 577 Feb. 1996
128 Current 518 Apr. 1999 904 Jan. 1995
182 Nov. 2000 565 Apr. 1988 1860 Mar. 1998
201 Nov. 2003 570 Aug;. 1990
206 Nov. 2000 572 Nov. 2003
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 Friday, September 29, 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.
Page 2 of3
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
... names and set their seals on the day first above written.
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SIGNED and sealed by the Contractor: DYNEX
SIGNED and sealed by the Purchaser: CORPORA nON OF THE MUNICIPALITY OF
CLARINGTON
(704vJ fA k
John ~~n,lJtayor
Date Ju b Q,lj"
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in the presence of
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P/9481/Specs/29481-AGR.doc
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CONTRACT NO. CL2006-26
MUNICIPALITY OF CLARINGTON
FAREWELL CREEK EROSION CONTROL WORKS AT COURTICE
ADDENDUM NO.1
Contractors are hereby advised of the following modifications to Contract No. CL2006-26
SPECIAL PROVISIONS - TENDER ITEMS
1. SITE PREPARATION AND RESTORATION - ITEM NO.1
Paragraph No. to shall be revised to read as follows:
"Should the Contractor decide that it is necessary to place a granular base for his access route; all costs
associated with removals, the access route materials and installation, and supply of a 100 mID depth of
topsoil with sod for restoration shall be considered as part of the price of this item. "
2. EARTH EXCAVATION, GRADING - ITEM NO.5
Paragraph No.1 shall be revised to read as follows:
The Contractor shall excavate and fill as required for the proposed live crib wall, rock protection, armour
stone, proposed channel cross-section and all other designated areas (unless specifically noted otherwise in
other Items) as shown on the drawings. The work under this Item will also include disposal of any
unsuitable excavated material at a site arranged for by the Contractor at his expense.
3. MISCELLANEOUS LANDSCAPING - ITEM NO. 21
Add the following requirement:
· Removal of any existing damaged portion of cedar rail fence running between the eroded top of east
side bank and the pedestrian path. Replace fence with similar materials (i.e., cedar post and rail).
All tenders must be submitted on the basis of these modifications.
This Addendum shall remain attached to and form part of all tenders submitted.
TSH
Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 5G6
May 29, 2006
P: I 2-2948 l/specs/2948 I-ADD I.doc
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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\29481 \Specs\21603- IF -Signing.doc
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TENDER FOR CONTRACT NO. CL2006-26
FAREWELL CREEK EROSION CONTROL WORKS
CORPORATION OF THE MUNICIPALITY 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
DYNEX CONSTRUCTION LTD.
Name
80 Costa Road
CONCORD. Ontario. L4K 1N2
Address (include Postal Code)
(905) 669-5923
Telephone and Fax Numbers
905-669-9380
George Zeppieri
Name of Person Signing
Treasurer
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. L 1 C 3A6
Page 1 of 6 pages
TENDER
CONTRACT NO. CL2006-26
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To:
The Mayor and Members of Council
Corporation of the Municipality of Clarington
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Re:
Contract No. CL2006-26
Farewell Creek - Erosion Control Works Courtice
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Dear Mayor and Members of Council:
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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.
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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.
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Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made
payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the
Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100%
Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of
receipt of Notice of Acceptance of the Tender.
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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.
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ITEMIZED BID
CONTRACT NO. CL2006-26
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2006-26 for the following unit prices.
Spec. No.
SP
(P)
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Item No. Spec No. Description Unit Quantity Unit Price Total
1 206,565 Site Preparation and Restoration LS 10,010.00 10,010.00
SP
2 SP Safety Fencing m 345 12.10 4,174.50
(P)
3 SP Temporary Stream Diversion LS 7,150.00 7,150.00
4 SP Unwatering LS 1,512.00 1,512.00
5 206,SP Earth Excavation, Grading
i) Native Material 3 510 11.20 5,712.00
m
ii) Borrow 3 140 43.00 6,020.00
m
6 SP Armour Stone t 570 103.75 59,137.50
7 511 Filter Stone t 185 49.20 9,102.00
SP
8 511 Rock Protection t 109 55.50 6,049.50
SP
9 SP Pools - River Stone t 231 60.00 13,860.00
10 SP Vortex Weir LS 3,256.00 3,256.00
11 1860 GeotextiIe
SP
i) Armour Stone - (600R) 2 230 3.03 696.90
m
ii) Rock Protection - (360R) 2 110 2.20 242.00
m
iii) Live Crib Wall - (360R) 2 120 2.20 264.00
m
12 SP Live Crib Wall m 19 632.00 12,008.00
13 904,SP Sanitary Sewer Protection LS 4,812.00 4,812.00
14 SP Plant Material
i) Chokecherry (60 cm pot) ea 45 23.65 1,064.25
ii) Alternate Leaved Dogwood ea 6 118.80 712.80
(125 cm pot)
iii) Silky Dogwood (80 cm pot) ea 8 23.65 189.20
iv) Red Osier Dogwood (50 cm pot) ea 79 23.65 1,868.35
Page 3 of 6 pages
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ITEMIZED BID
CONTRACT NO. CL2006-26
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
.. Contract No. CL2006-26 for the following unit prices.
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Spec. No.
SP
(P)
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
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Item No. Spec No. Description Unit Quantity Unit Price Total
v) Snowberry (60 cm pot) ea 12 23.65 283.80
vi) PussywiIlow (60 cm pot) ea 9 24.25 218.25
vii) HeartleafWillow (60 cm pot) ea 15 24.25 363.75
viii) Peachleaf Willow (80 cm pot) ea 1 24.25 24.25
ix) Beaked Willow (40 cm pot) - ea 29 24.25 703.25
Crib Wall.
x) HeartleafWillow (40 cm pot)- ea 40 24.25 970.00
Live Crib Wall
xi) Pussywillow (40 cm pot)- ea 46 24.25 1,115.50
Live Crib Wall
xii) White cedar - (150 cm ) ea 15 46.25 693.75
15 570 Topsoil (imported) 2 600 4.15 2,490.00
m
16 572 Seed and Erosion Control Blanket 2 250 3.05 762.50
m
SP
17 572 Sod 2 350 3.85 1,347.50
m
SP
18 577 Sediment Trap ea 3 1,072.50 3,217.50
SP
19 577 Light Duty Silt Fence m 150 9.35 1,402.50
SP
20 577 Heavy Duty Silt Fence ill 40 16.50 660.00
SP
21 SP Miscellaneous Landacaping LS 12,000.00
22 SP Bonds, Insurance and Maintenance LS 2,525.00 2,525.00
Security
Total (Excludinf! GST) 176,618.55
GST (7% of Total) 12,363.30
TOTAL TENDER AMOUNT 188,981.85
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Tenderer's GST Registration No. 872616297
.. P/2948I ISpecslCL2006-26 Item Bid-Signing
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AGREEMENT TO BOND (to be completed bv Bondinl!: Company)
CONTRACT NO. CL2006-26
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Bond No. 100007305-6
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WE, the Undersigned, HEREBY AGREE to become bound as Surety for
DYNEX CONSTRUCTION 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
.. described herein, if the Tender for Contract No.CL2006-26 is accepted by the Authority.
_ 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 Concord
this
29th
day of
May
2006
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ST PAUL GUARANTEE INSURANCE COMPANY
Name of Bonding Company
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(BONDING COMPANY SEAL)
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Signature of Authorized Person
Signing for Bonding Company
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K. Karkambasis, Attorney-in-fact
Position
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(This Form shall be completed and attached to the Tender Submitted).
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Page 5 of 6 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2006-26
... The work specified in the Contract shall be performed in strict accordance with the following Schedule:
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A.
TENDER FORM: General
Itemized Bid
Agreement to Bond
Schedule of Tender Data
STANDARD TERMS AND CONDITIONS
SCHEDULEC-CONTRACTORSAFETY
INSTRUCTIONS TO TENDERERS
SPECIAL PROVISIONS - GENERAL
SPECIAL PROVISIONS - TENDER ITEMS
STANDARDS
PLANS: Drawings No.
STANDARD SPECIFICATIONS:
1,2,3 and L1
Pages 1 and 2
Pages 3 and 4
Page 5
Page 6
Pages 1 to 9
B.
C.
D.
E.
F.
G.
H.
I.
Pages 1 to 4
Pages 1 to 10
Pages 1 to 18
It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial
Standard Specifications.
OPSS No. Date OPPS No Date OPSS No. Date
127 Current 511 Nov. 2001 577 Feb. 1996
128 Current 518 Apr. 1999 904 Jan. 1995
182 Nov. 2000 565 Apr. 1988 1860 Mar. 1998
201 Nov. 2003 570 Aug. 1990
206 Nov. 2000 572 Nov. 2003
J. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes
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No
By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications,
for Contract No. CL2006-26, executed by me/us bearing date the 31 st day of Mav . 2006 and we have
fully read all related documents to te er data as listed above.
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SIGNA TURE
POSITION: Treasurer
(COMPANY SEAL)
NAME OF FIRM: DYNEX CONSTRUCTION LTD.
This is Page 6 of 6 Pages to be submitted as the Tender Submission for Contract No. CL2006-26.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-26
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STANDARD TERMS AND CONDITIONS
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P/12-29481/Specs/2 I 604- 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 ofthe "Standard Terms and conditions" shall be superceded by Clause 7,
"Payments" of the "Special Provisions - General" Section of the Contract.
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Clause 15 of the "Standard Terms and conditions" 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 of the "Standard Terms and Conditions" shall be superceded by Clause 18,
"Workplace Hazardous Materials Information System (WHMIS)" of the "Special
Provisions - General" Section of the Contract.
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STANDARD TERMS AND CONDITIONS
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3. CONTRACT
The contract consists of the documents aforementioned.
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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.
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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.
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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
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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.
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No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
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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.
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DELIVERY
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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.
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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.
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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.
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Time shall be of the essence of the contract.
7. PRICING
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Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract.
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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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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.
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.
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
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.
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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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 / 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 workerllndependent 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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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. CL2006-26
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III
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SCHEDULE 'c'
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P/12-29481 /Specs/Schedule C-29481.doc
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SCHEDULE (C)
CONTRACTOR SAFETY
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POLICY AND PROCEDURE
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POLICY:
Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all
safety concerns of the workplace and are aware of the safety requirements as required by the
Contractor under the Occupational Health and Safety Act. Safety performance will be a
consideration in the awarding of contract. Under the Occupational Health and Safety Act
(Section 23 (1), (2)), it is the constructor's responsibility to ensure that:
the measures and procedures prescribed by the Occupational Health and Safety Act and
the Regulations are carried out on the project;
every employer and every worker performing work on the proiect complies with the
Occupational Health and Safety Act and the Regulations (under the Act); and
the health and safety of workers on the proiect is protected.
Where so prescribed, a constructor shall, before commencing any work on a project, give
to a Director notice in writing of the project containing such information as may be
prescribed.
DEFINITIONS:
Contractor - any individual or firm engaged by the Municipality to do work on behalf of the
Municipality.
Project - means a construction project, whether public or private, including,
.
the construction of a building, bridge, structure, industrial establishment, mining plant,
shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot,
cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or
electrical cable, pipe line, duct or well, or any combination thereof,
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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.
Construction - includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging,
boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work
or undertaking in connection with a project.
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SCHEDULE (C)
CONTRACTOR SAFETY
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POLICY AND PROCEDURE Continued...
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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.
1)
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...
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,
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a)
are aware of their respective duties and obligations under the Occupational
Health and Safety Act, as amended from time to time, and all Regulations
thereunder (the "Act"); and
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b)
have sufficient knowledge and training to perform all matters required pursuant
to this contractJtender safely and in compliance with the Act.
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2. In the performance of all matters required pursuant to this contractJtender, 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,
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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
contractJtender;
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CONTRACTOR SAFETY
.. POLICY AND PROCEDURE Continued...
.. CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER
The purpose of this form is to: (Issuer to check one of the following)
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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.
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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. #
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DESCRIPTION:
ill.
NAME OF FIRM:
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PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
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Ill.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-26
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INSTRUCTIONS TO TENDERERS
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P\29481 \Specs\21606-IT.doc
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INDEX
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INSTRUCTIONS TO TENDERERS
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CONTRACT NO. CL2006-26
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CLAUSE
SUBJECT
PAGE
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1. GENERAL................. .... ............................................................................................... 1
2. BLANK FORM OF TENDER .............................................................................................1
3. TENDER DEPOSITS........................................................................................................ 1
4. BONDS......................................................................................................................... 2
5. RIGHT TO ACCEPT OR REJECT TENDERS ........................................................................2
6. UNACCEPTABLE TENDERS.................................. ... ....................................................... 2
7. ABILITY AND EXPERIENCE OF TENDERER ...... ............... ................... ...... ........... ........ ..... 2
8. PROVINCIAL SALES TAX............................................................................................... 2
9. GOODS AND SERVICES TAX (GST)....... ...... ....... ............ ......... ....... .., ............... ..... ..........3
10. EXECUTE CONTRACT DOCUMENTS................................................................................ 3
11. COMMENCEMENT OF WORK......................................................................................... 3
12. LOCATION. ... .... ........ ..... ...... ... .......... ........ ....... ....... .................. ... ......... .......... .... .........3
13. SOILS INFORMATION AND CROSS-SECTIONS ................ ........... ....... ..... .... ... ... ....... ...........3
14. TENDERERS TO INVESTIGATE .......................................................................................3
15. INQUIRIES DURING TENDERING.................................................................................... 4
16. AWARD OF THE CONTRACT ..........................................................................................4
17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR........... 4
18. ADDENDA... .............. ......... .......... ........ ...... ...................... .... ...... .... ..... ........ ...... ........ ...4
19. TENDER OPENING MEETING.......................................................................................... 4
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III
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-26
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2006-26" will be received until:
2:00:00 P.M., LOCAL TIME, WEDNESDAY, MAY 31, 2006
and shall be addressed to:
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. L 1 C 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. CL2006-26
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.
-
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.
-
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.
UNACCEPTABLE TENDERS
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Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be considered to be
unbalanced, then it will be rejected by the Authority.
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7. ABILITY AND EXPERIENCE OF TENDERER
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The Authority reserves the right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete the work in the specified
time, is not furnished by the Tenderer.
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8.
PROVINCIAL SALES TAX
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Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-26
3.
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9.
GOODS AND SERVICES TAX (GST)
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The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services
Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in
addition to the amount certified for payment and will therefore not affect the Contract unit prices.
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10.
EXECUTE CONTRACT DOCUMENTS
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Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent of the successful Tenderer.
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The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within 10 calendar days of receipt of notification of Acceptance of Tender.
...
Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract to
one of the other Tenderers or take such other action as it chooses.
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11. COMMENCEMENT OF WORK
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The successful Tenderer shall commence work at the site on July l, 2006.
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12.
LOCATION
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The work is located in Courtice, in the Municipality of Clarington, on the east and west banks of
Farewell Creek, approximately 50 m downstream of the south limit of the Highway 2 culvert.
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13.
SOILS INFORMATION AND CROSS-SECTIONS
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A geotechnical investigation has not been undertaken on behalf of the Authority.
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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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-26
4.
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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. INQillRIES DURING TENDERING
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The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications,
shall be directed to Ron Albright, P. Eng. or Stu Stanley, at Totten Sims Hubicki Associates,
Telephone (905) 372-2121.
16.
AWARD OF THE CONTRACT
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The award of this Contract is subject to the approval of the Central Lake Ontario Conservation
Authority, and the receipt of all necessary agency approvals.
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17.
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 CIa ring ton".
III
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 ofClarington".
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Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may
be authorized by the Authority to act in any particular capacity.
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18.
ADDENDA
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The Contractor shall ensure that all addenda issued during the tendering period are attached as
part of the submitted bid. Failure to do so will result in disqualification of the bid.
..
19.
TENDER OPENING MEETING
..
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. CL2006-26
III
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SPECIAL PROVISIONS - GENERAL
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P\29481 \Specs\21607 -SPG .doc
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2006-26
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CLAUSE
SUBJECT
PAGE
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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 .............................................................5
13. MAINTENANCE OF TRAFFIC .... ......... .... ................... ................. ....... ............... .......... ........ ...........5
14. EMERGENCY AND MAINTENANCE MEASURES ......................................................................5
15. ENGINEERING FIELD OFFICE. ............................. ........ ........................ ......................... ......... ....... 6
16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ....................................................... 6
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES........... 6
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ......................8
19. SPILLS REPORTING. ....... ....................... ...... ...................... ............ ....................... ...... ........ .... .........8
20 . STORAGE AREAS............................................................................................ .................................8
21. GENERAL LIABILITY INSURANCE ........... .................... .................. ....... ..... ................ .................9
22. CONSTRUCTION LIEN ACT ........ ............ .............................................. ............................... .......... 9
23. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR................................................................................................................................ 10
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-26
-
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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.
-
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.
2. CONTRACT TIME AND LIQUIDATED DAMAGES
..
(1) Time
-
Time shall be the essence of this Contract.
..
For purposes of this Contract, GC1.04 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 ofthe Work and Contract Time
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The Contractor shall accomplish completion of this Contract as defined in GC1.06 of the
General Conditions on or before Friday, September 29, 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 therefor.
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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
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-26
3.
..
7. PAYMENTS
..
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 20 percent of the total value of work perfonned 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.
...
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.
...
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.
...
8. UTILITIES
...
Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are
replaced by the following:
..
The Contractor shall be responsible for the protection of all utilities at the job site during the time
of construction.
...
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.
The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact the
appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-26
5.
..
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.
-
Traffic controls shall be provided in general accordance with the latest edition of the "Manual of
Uniform Traffic Control Devices", Division 5. As a minimum requirement and without restricting
the Contract Administrator or the Authority in requiring further controls, the following signs shall
be supplied:
..
SignNumb~r Sign Messllge Number Required
TC-l CONSTRUCTION 4
TC-31R TRUCK ENTRANCE 4
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Traffic controls shall be operational before work affecting traffic begins.
-
13. MAINTENANCE OF TRAFFIC
..
The following traffic maintenance arrangements shall be in effect during work on this Contract.
...
It is the intention of the Contract that vehicular access to the properties on Old Kingston Road be
provided at all times except for short periods during the working day when construction equipment
or material delivery may restrict access.
...
It is understood that implementation of traffic controls will require ongoing review and adjustment
to suit construction operations.
..
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. Old Kingston Road
shall be accessible to the public at all times excepting only short durations where off-loading of
construction materials may cause minor pedestrian traffic delays.
III
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14. EMERGENCY AND MAINTENANCE MEASURES
...
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
...
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-26
7.
...
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Designated Identified on this Site Location
Substance
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.
...
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.
..
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 location(s)
proposed for disposal of Designated Substances. A copy of the notification shall be provided to the
Contract Administrator a minimum of two weeks in advance of work starting.
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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 ofthe 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.
Should a Designated Substance not herein identified be encountered in the work, then management
of such substance shall be treated as Extra Work.
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The requirements of Section GC4.03 of the General Conditions of the Contract shall apply.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-26
9.
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21. GENERAL LIABILITY INSURANCE
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Central Lake Ontario Conservation Authority and Ms. Terra Lyn Piney shall be named as
additional insureds.
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22. 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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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-26
SPECIAL PROVISIONS - TENDER ITEMS
P/2948I ISpecs/21608-SP- TI.doc
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-26
FAREWELL CREEK EROSION CONTROL WORKS
MUNICIPALITY OF CLARINGTON
CONTRACT SPECIAL PROVISIONS RELATED TO
ENVIRONMENTAL PROTECTION FOR EROSION CONTROL WORKS
SPECIAL PROVISIONS - TENDER ITEMS: PREFACE
A. CONTRACT ITEMS:
Items in the Schedule of Unit Prices are intended to cover and include the supplying of all labour,
equipment and materials necessary for the completion of the various works called for in this
Contract; and the prices set out in the said Schedule of Unit Prices for the said Items shall be full
compensation for labour, equipment, and materials supplied and necessary to complete and restore
all the work covered by the said Items and pertinent changes.
B. GENERAL NOTES: CHANNELIZATION AND FISHERIES MITIGATION MEASURES
1. WatercourseIFisberies Protection
At all times, the Contractor's operations shall be controlled so as to prevent the entry of deleterious
materials to the watercourse. Controls shall include, but not be restricted to, the following:
a) Erosion and sedimentation control, and protection of environmentally sensitive areas, shall be in
compliance with requirements that may be specified elsewhere in the Contract. Sediment and
erosion control measures shall be implemented prior to work and maintained during the work
phase. All disturbed areas are to be stabilized upon completion of work.
b) Dewatering of the watercourse as noted on the contract drawings and as required to complete the
work shall not be constructed or utilized, Wlless otherwise approved by the Central Lake Ontario
Conservation Authority and the Engineer.
c) Where the Contract does not require work in watercourses or on watercourse banks, equipment
shall not be operated within such areas.
d) Where the Contract requires work in watercourses or on watercourse banks, operation of
equipment within such areas shall:
i) be kept to the minimum necessary to perform the specified work;
ii) comply with operational constraints that may be specified elsewhere in the contract; and
iii) otherwise proceed in a continuous fashion so as to minimize the duration of such work.
e) Construction material, excess material, construction debris, and empty containers shall be stored
away from watercourses and watercourse banks.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-26
3.
Permission to proceed will be provided if the Engineer determines that:
a)
the specified surface treatment (stone, etc.) of the watercourse west edge of channel has been
completed between the upstream and downstream limits as specified, and that all crib work,
armour stone and river stone materials are in place.
b)
any fisheries compensation/enhancement measures have been completed as specified;
c)
measures are in place so as to prevent the entry of sediment from areas. disturbed by
construction to the new watercourse channel; and
d)
all materials not associated with the completed structures, and all equipment and debris have
I
been removed.
3. Clearing/Grubbing for Channelization
It is strongly recommended that the Contractor hire a Landscape Company that can demonstrate its
familiarity with bio-engineering techniques to carry out the tasks related to construction of the live
crib wall and plantings.
The alignment of the crib wall will be essentially as outlined. However, where large specimens of
trees are encountered, the structure limits may vary somewhat from that shown in order to preserve
the major root systems.
4. Refueling Areas
Procedures for the interception and rapid clean-up and disposal of spillages that do occur shall be
submitted to the Engineer for review prior to starting work. All materials required for clean-up of
fuel spillages shall be maintained readily accessible on site.
No fuelling of any equipment shall be carried out within thirty metres of any watercourse.
Any spills apt to cause impairment to the natural environment must be immediately reported by the
Contractor to the Engineer and to the local Ministry of the Environment and Energy District Office.
General
It is intended that the works proposed be executed in such a manner which, to the fullest possible extent,
minimizes any adverse effect on the cultural and natural environment of the project area. The
environmental conditions of the contract stated herein must be complied with in all respects. It is the
responsibility of the Contractor that all his personnel be sufficiently instructed so that the work is carried
out in a manner consistent with minimizing environmental insult.
Where in the opinion of the approving Authority, any of the terms, conditions, undertakings and
agreements herein have not been complied with or performed in a suitable manner, or at all, the Authority
has the right to immediately withdraw its permission to continue the work but may renew its permission
upon being satisfied that the defaults or deficiencies in the performance of this work by the Contractor
have been remedied. No compensation will be made to the Contractor for the withdrawal of permission
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CUOO6-26
s.
The Contractor is advised that a septic bed tile field is present in the lawn area immediately south of
House No. 62. The extent of the tile bed is not known and therefore the access road as shown on the
drawings may be within the tile field. The Contractor should confirm whether the road will be above the
tiles by test excavations.
Should the tile field be located within the access road the Contractor shall place sufficient granular 'A' fill
on a geogrid such as "Tensar BX 1100" to ensure the.tiles are protected. The Contractor shall be
responsible for the design of the road and it's adequacy to protect the tile field. Any resulting damage
will be repaired at his expense. The Contractor shall be compensated for any works required to protect
the existing tile bed should this work be necessary.
Alternatively, all access can be via the east side route and a channel crossing structure.
The east side access route may be in conflict with various trees. The Contractor will advise the Engineer
which trees will require removal. It is intended to remove as few mature trees as possible.
Any additional tree removal deemed necessary in this regard will be compensated for under the
Miscellaneous Landscaping Item.
Subsequent to the completion of all other Contract Items, the Contractor shall restore any damage to the
lawn, driveway, curbs, fences, landscape features, etc. Restoration shall be completed using new
materials which are equivalent to the existing materials. They shall be placed in the same quantity and
configuration as the existing materials. All materials brought in for access route construction shall be
removed from the site at the Contractor's expense.
Should the Contractor decide that it is necessary to place a granular base for his access route; all costs
associated with the access route materials and installation, removals and supply of a 100 mm depth of
topsoil with sod for restoration.
There are.several trees and shrubs to be removed and these are indicated on the drawings. All indicated
tree and shrub removals will be considered incidental to the works required under this Item.
Areas disturbed by construction activity which are outside the proposed grading limits will not be
considered for payment as a part of this Item.
SAFETY FENCING - ITEM NO.2
This item shall include all work required to in:stall and maintain the construction site fences.
The fencing shown on the drawings shall be considered as a guide only and should be viewed as an
absolute minimum requirement.
The safety fences shall be constructed at the approximate locations shown on the drawings. The Engineer
shall approve the exact locations on site during placement.
The safety fences shall be left in place until the completion of the contract.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-26
7.
bridge invert) to trap any sediment which by-passes the unwatering operation.
Requirements for the crossing arrangement for access across the Stage 2 diversion channel to works on
the east side (no flow) of the proposed channel:
Construct Crossing Structure - (optional at Contractor's discretion)
i) Flow area required for pipes or bridging is 1.33 m2 minimum within the Stage 2 diversion flow
channel.
ii) The Contractor shall be wholly responsible for his crossing scheme regarding the structure's
adequacy and durability with respect to his intended loadings.
Note: The opening size will discharge relatively low flows. Stream discharges may occur from large
storm events which will flood the work area. The Contractor may provide a greater flow area,
however, any costs resulting from flooding of the work area will be the Contractor's
responsibility.
Once all of the works are completed under the Stage 2 diversion, the temporary crossing arrangement
shall be dismantled. The crossing materials shall become the Contractor's property to be disposed of off
site.
The Stage 1 diversion channel (east side) shall be re-opened in the following sequence:
a) Partially remove the plug at the upstream end of the Stage 1 channel to allow water to gradually
enter and come to rest.
b) Leave water at rest in the Stage 1 watercourse channel for a minimum of 12 hours.
c) Remove the plug at the downstream end of the Stage 1 channel gradually.
d) Remove all cofferdam material so that flow enters the entire channel section.
Note: The Contractor may suggest alternatives or modifications to the foregoing diversion plan for the
Engineer's consideration. The order of diversion sequence (i.e., which side of stream is
dewatered first will be at the Contractor's discretion).
UNW ATERING - ITEM NO.4
Under this Item and for the Contract price, the Contractor shall carry out all pumping works to ensure that
the armour stone and crib walls are placed in as dry a condition as possible to ensure satisfactory grades
and alignment.
The sediment traps and/or silt bag location is indicated on the Contract drawings. The Contractor may
construct the trap using sandbags to avoid excessive damage to trees or other features. The trap at the
bridge spillway shall be constructed using sandba~s. All sandbags to be filled with clear pea stone.
This Item shall include payment for all necessary pumping and cleanout of the sediment pond and the
downstream sediment trap (on the concrete spillway). The pond and trap shall not be allowed to become
more than one-half full and shall also be cleaned at the Engineer's direction.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-26
9.
The remainder of the filter stone is to be placed after the Engineer has approved the blocker stone
arrangement The Contractor shall ensure that stone of sufficient size is available to block gaps and the
remainder of the filter stone shall be sound quarried material in the 100 mm to 200 mm dia. range.
ROCK PROTECTION - ITEM NO.8
Scope of Work
The work shall be performed in general compliance with the drawings, OPSS 511 and as directed by the
Engineer, and shall consist of supplying and placing a protective covering of approved rock material on
the banks at the upstream and downstream limits of the crib wall structure..
Stone protection shall consist of sowtd, clean quarried stone forming a protective covering placed to the
cross section and limits as indicated on the Contract Drawings.
The quality of the stone shall be approved by the Engineer. Stone shall be of an angular shape and clear
of all fines. Stone shall satisfy the following gradation requirements:
Gradation Limits for Stone Protection
Maximum Allowable
Maximum Allowable
Maximum Allowable
Maximum Allowable
Minus 350 mm
Minus 300 mm
Minus 200 mm
Minus 75 mm
80%
50%
20%
0%
Placing shall be, carried out in such a manner that the surface of the finished stone protection shall have a
uniform plane/flat appearance, and be without segregation. The top surface shall extend laterally to the
edge of the crib wall as indicated on the Contract Drawings. The minimum depth of embedment shall be
as shown on the Contract Drawings.
Because the rock is to be placed on geotextile, it shall be placed without freefall.
NOTE: Payment for geotextile, excavation and dewatering is included wtder other Items.
RIVER STONE - ITEM NO.9
Under this Item and for the wtit price bid the Contractor shall complete the following work:
10 Supply and place river stone of the fOllowing gradation:
16% - 300 mm dia.
34% - 250 mm dia.
20% - 200 mm dia.
15% - lOOmmdia.
15% - 75 mmdia.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-26
11.
c) Terrafix "600R", or approved equivalent shall be placed under the filter stone material. Terrafix
360R, or approved equivalent shall be placed under the proposed rock protection areas and within
the live crib wall.
d) All seams to be overlapped 600 mm and the lap shall be considered as included in the contract unit
pnce.
LIVE CRIB WALL - ITEM NO. 12
Under this Item and for the Contract price bid, the Contractor shall supply all labom, equipment and
materials to complete this Item as shown on the Drawings and as described herein. The Contractor shall
obtain the Engineers approval regarding his field location of the structure prior to work commencing on the
wall.
The potted willows required to complete the works WIder this Item shall be supplied from nursery grade
materials of type as specified at the end of this Item.
Plants shall be planted in such a manner that the roots will not be restricted or destroyed. Do not compact
soil around roots or ball.
No planting shall be done in soil that is too wet or too dry, or otherwise unsatisfactory as determined by the
Engineer. No payment will be made for such planting and all further planting work shall be suspended until
the Contractor has complied. For container stock or root balls in non~egradable wrapping, remove entire
container or wrapping without damaging root ball.
The Contractor WIder this Item shall be responsible for the condition of all plant material as described for
two years. During the wananty period, remove from site any plant material that has died, or failed to grow
satisfactorily. Replace plant material with the same plants or an approved substitute in the next growing
season. Extend warranty on replacement material for a period equal to the original warranty period.
Plant material installed less than 90 days prior to frost will be accepted in the following spring, 30 days after
the start of growing season provided acceptance conditions are fulfilled.
Cedar material may be supplied in cut timber form of similar cross-section or as natural logs with the bark
removed. The geotextile shall be carefully cut (minimum diameter) to allow openings for the lateral timbers
as required.
There shall be 6 willow potted plant bundles placed in each 1.5 m x 0.20 m opening in the crib above the
waterline (Note: each bundle to contain 5 individual 15 mm diameter plants tied in two places with string).
The bundles shall be placed m two layers alternating to higher and lower layer. The structure shall be
positioned such that a horizontal timber nms parallel and embedded a rniDimum of 50 mm into the stone in
the channel invert as shown on the Drawings.
Note: The supply and placement cost for the plants is included in the plant material item.
The stone included within the confines of the crib wall and immediately below the crib wall as shown on
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CONTRACT NO. CL2006-26
13.
Acceptance of plant material at its source does riot restrict rejection on site prior to or after planting
operations.
Contractor shall schedule his operations so that the planting is done in the fall of 2003.
Imported plant material must be accompanied by the necessary permits and import licenses, and conform
to Federal and Provincial regulations.
Mulch shall be a shredded bark mulch of various sizes. Mulch shall be free of any deleterious materials
or diseased wood.
Submit samples of mulch for approval by the Contract Administrator prior to delivery of mulch to the
site.
Apply anti-desiccant spray to all plant material prior to being transported.
Co-ordinate shipping of plants and excavation of holes to ensure minimum time lapse between digging
and planting.
Tie branches of trees and shrubs securely and protect plant material against abrasion, and exposure to
extreme temperature change during transit. Avoid binding of planting stock with rope or wire which
would damage bark, break branches or destroy natural shape of plant. Give full support to root ball or
large trees during lifting.
Keep roots moist and protected from sun and wind. Trees and shrubs that cannot be planted immediately
should be kept in shaded areas.
The Contractor hereby warrants that plant material installed under this specification section will remain
free of defects for 2 full growth seasons. The Contractor will be responsible for warranty of plant
material and this warranty will not be conditional.
An end-of-warranty inspection will be conducted.
During the warranty period, any plant material that has died or failed to grow satisfactorily will be
removed within two weeks of written notification by the Owner.
Replace plant material in the spring or fall planting season as directed by the Owner.
The following materials shall be used to complete the installation of the plant material:
Water: Potable and free of minerals which may be detrimental to plant growth.
Stakes: Round wooden stakes, 60 mm in diameter and a minimum 2400 mm long.
Wire: Galvanized steel wire strand #10 gauge.
Mulch should have varying particle size.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-26
IS.
Plant trees with balled and burlapped root balls by loosening and cutting away a minimum of the top 1/2
of burlap without disturbing the root ball. Do not pull the burlap out from underneath the root ball. Any
wrapping that is not bio-degradable must be removed.
Plant trees with balled and burlapped root balls by tamping planting soil around the root system with the
butt end of a shovel in order to eliminate air voids. Frozen or saturated planting soil is unacceptable.
Water only after the backfilling of planting soil has been completed.
Cut binder twine from base of balled and burlapped root ball.
Plant trees with frozen root ball material by mulching planting pit to prevent thawing/freezing cycle.
Root ball shall sit on firm, unexcavated soil.
Wire baskets to be cut away to the top 1/3 of the rootball. Dispose portions of wire basket off site.
Remove all trunk wrapping from trees.
Stake deciduous trees 40 mm to 100 mm caliper; using round wooden stakes, a minimum of 2400 mm in
length, driven 750 mm into bottom of tree pit taking care not to damage the main roots. Fasten tree to
stakes with tree ring; thread wire through metal grommet in webbing strip, and fasten securely to metal
stake.
For trees larger than 100 mm caliper: provide guy wire and spanfix fasteners with appropriate anchor
support where required by top heavy trees or as requested by the Contract Administrator.
Prune trees and shrubs after planting, removing only dead, dying or weak branches. Employ clean sharp
tools and make cuts 6 mm from main branch, smooth and sloping as to prevent accumulation of water.
Remove branches that rub causing damage to bark. Do not damage led branches or remove smaller twigs
along main branches.
Obtain approval of planting before mulching material is applied. Loosen soil in planting pits and remove
debris and weeds. Spread the mulch to a minimum thickness of 100 mm. When mulch is placed in the
spring, place after the soil has warmed up and no frost is present.
Remove excess topsoil and mulch from the site and repair damage to sodded and existing plant material
caused by the planting operation. Soil or debris that spills onto pavement is to be cleaned up
immediately.
Payment for tree planting will include acquiring utility stake-outs, plant material, field location approvals,
excavation of the pits, supply and placement of planting soil mix (as required), backfilling, fertilizing,
mulching, staking, watering, pruning, and a 2 year guarantee.
At the end of the two-year warranty period, the Contract Administrator will conduct a final inspection of
all trees, perennials and shrubs including any replacements made during the warranty period. The
Contractor shall ensure the following:
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-26
17.
SOD - ITEM NO. 17
Under this Item, the Contractor shall supply and install sod as specified herein.
This Item shall apply to all proposed grading areas on the west side of the watercourse.
EROSION AND SEDIMENT CONTROL MEASURES - ITEMS NO. 18, 19, and 20
The Contractor shall be paid for his sediment and erosion control operations on the basis of the unit prices
for Items No. 18, 19 and 20, including all maintenance necessary to keep the measures fully operative.
The unit prices bid shall include for the removal of all temporary controls on completion of the work.
· Sediment trap shall be constructed in accordance with OPSD 219.220.
· Heavy duty silt fence shall be constructed in accordance with OPSD 219.130. Control measure
support shall consist of plastic fencing attached to the support stake for the full length of the silt
fence. Straw bale support shall be placed behind the silt fence continuously for its full length.
· Light duty silt fence shall be constructed in accordance with OPSD 219.110.
MISCELLANEOUS LANDSCAPING -ITEM NO. 21
Payment shall be made under this Item for miscellaneous work on a time and material basis. Work under
these Items shall include but is not limited to the following:
· Transplanting of trees and shrubs which are in addition to those indicated on the drawings.
· Supply and placement of additional trees and shrubs.
· Removal of trees not indicated on the drawings.
BONDS, INSURANCE AND MAINTENANCE SECURITY - ITEM NO. 22
Include:
.1
.2
.3
100% Performance and Guaranteed Maintenance Bond for 24 months.
100% Labour and Materials Payffient Bond
Liability Insurance based on the Contract Price
100% payment of this Item shall be made on the first Payment Certificate.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-26
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STANDARD DRAWINGS
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STANDARD NO.
OPSD:
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218.01
219.01
219.110
219.130
219.220
220.01
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2006-26
DESCRIPTION
SODDING OF SIDE SLOPES
EROSION CONTROL BLANKETS
LIGHT DUTY SILT FENCE BARRIER
HEAVY DUTY SILT FENCE BARRIER
EXCAVATEDSEDThJENTTRAP
BARRIER FOR TREE PROTECTION
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PERSPECTIVE VIEW
Direction of flow
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SECTION VIEW
Silt fence barrier
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Direction of flow
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Main run
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of geotextile
in trench
Earth surlace
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SECTION A-A
NOTE:
A All dimensions ore in millimetres or metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 01 Rev
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LIGHT DUTY
SILT FENCE BARRIER
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OPSD
219.110
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...... -
------ - ->
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Typical rural .......__-
cut section
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Typica' rural
fill sect7ion
----.....
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1.5m
Note 2
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Note I
Barrier
Note 3
STANDARD PROTECTIVE TREATMENT
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Dripline ~ I
Note I ~
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limit of grading
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Typical urban section~ L_J
MINIMUM PROTECTIVE TREATMENT
NOTES:
I Barrier for tree protection to be erected on dripline of designated trees or woodlot edge.
Barrier may be erected within dripline to maintain a buffer distance of up to 1.5m.
2 A buffer distance of up to 1.5m to be maintained between barrier and limit of grading.
3 Maintain a minimum distance of 0.75 m between tree trunk and barrier.
A All dimensions ore in metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Dote
1988 04 15
Dote
BARRIER FOR TREE PROTECTION
OPSD-220.01
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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CONTRACT NO. CL2006-26
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OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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ONTARIO PROVINCIAL STANDARDS
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GENERAL CONDITIONS OF CONTRACT
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GENERAL CONDITIONS OF CONTRACT
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Table of Contents
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SECTION GC 1.0 -INTERPRETATION
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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
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Abbreviations .. ...... ........ .......... .............. ........... ...................... ..... ............................. 1
Gender and Singular References.... ............................................. ....... ......... ....... .... 1
Definitions.. ............... .... ........................................... ..... ................................... ........ 1
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Substantial Performance........................ .... .... .... ..................................................... 5
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Completion.... _... ....... .... ........................... ................... ............................................. 6
Final Acceptance .......... ..................... .... .......... ........ ................................................ 6
Interpretation of Certain Words ............................................................................... 6
... SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents... ........ .............................. ..... ......... .............. ....... 7
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GC 2.02
Order of Precedence ......... ............. ............. ......... .............. ....... ................ .............. 7
, SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
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GC 3.03
GC 3.04
GC 3.05
GC 3.06
GC 3.07
Contract Administrator's Authority ................ .............................. ...... .... ............... .... 8
Working Drawings ... .................. ... ... ....... ........................... ..... ..... ... ..... ..... .... ..... ...... 9
Right of the Contract Administrator to Modify Methods and Equipment .................9
Emergency Situations........................... ....... ....................... .... .............. ................. 10
Layout.............................................................. ........ .............................................. 1 0
Working Area.. .................. ...... ........... .......... ......................................... .... ...... ....... 10
Extension of Contract Tune ................................~................................... ............... 10
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GC 3.01
GC 3.02
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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 Wor1t.. ..... .......... .......................... ..................... ...... ....................................... 12
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GC 3.08
GC 3.09
GC 3.10
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T'" cf COnIIInlS -I
T8bIe of Contents - i
OPS General CondItions 01 Contnlc:I- September 1999
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GC 3.11.03 Additional Work ......................................................................... ............................ 12
GC 3.12 Notices.... .... ........... ......... .......................................... ... ............... ...... ................ ..... 12
GC 3.13 Use and Occupancy of the Work Prior to Substantial Perfonnance ..................... 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
SEcnON GC 4.0 - OWNER'S RESPONSIBILmES AND RIGHTS
GC 4.01 Working Area..... ...... ........ ........ ...... ......... ......... ............ .............. ..... .......... ....... ...... 17
GC 4.02 Approvals and Pennits .......................................................................................... 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 Default.................................................................. 18
GC 4.08 Owner's Right to Correct Default........................................................................... 18
GC 4.09 Tennination of Contractor's Right to Continue the Work....................................... 18
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GC 4.11
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GC 4.12
GC 4.13
Final Payment to Contractor ..................................................................... ............. 19
Termination of the Contract...................................................................... ............. 19
Continuation of Contractor's Obligations ........................... ....................... ............. 19
Use of Performance Bond ..................................................................................... 19
GC 5.01
SECTION GC 5.0 - MATERIAL
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GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
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Supply of Material.... ........ ................ .................. ......... ....... ........ ....... ........ ......... .... 20
Quality of Material................ ......... ....... ........ .......................................................... 20
Rejected Material............... ................................ .................. .................................. 20
Substitutions ... .................... ............. ........... ....... ..... ............................................... 20
Owner Supplied Material............................................................ .... ................. ...... 21
Ordering of Excess Material.................................................................................. 21
Care of Material....... ....... ...................................... ............. .................. ...... ............ 21
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
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GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.04
GC 6.03.06
GC 6.03.07
GC 6.04
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Protection of Work, Persons and Property ............................................................23
Indemnification ................... ................................... ................................................ 23
Contractor's Insurance.......... .................... ............................................................. 24
General............. ....................... ............................. ................................................. 24
General Liability Insurance. ............. .... ........... .................... .............. ..... ................ 24
Automobile Liability Insurance .......................................................... ..... .... ..... ....... 24
Aircraft and Watercraft Liability Insurance............................................................. 25
Property and Boiler Insurance ............................................................................... 25
Property Insurance ............ ...................... ......... ......... ............................................ 25
Boiler Insurance...... ............ ...... ....... .......... ................ ....... ....... ......... ..................... 25
Use and Occupancy of the Work Prior to Completion........................................... 25
Payment for Loss or Damage..............................~................................................. 26
Contractor's Equipment Insurance ....................... ............ ........... ............. ........ ..... 26
Insurance Requirements and Duration.................................................................. 26
Bonding...................................................................... ............................................ 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
General............. ................ .............. ...... .......... .......... ................... ....... ................... 28
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OPS 0enerIlI Conditions of Contr8Ct - SepIMlbar ,ggg
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC 7.09
GC7.10
GC7.11
GC 7.12
GC 7.13
GC 7.14
GC 7.15
Layout ............... ............ ...... .......... ...................... ............... .................................... 29
Damage by Vehicles or Other Equipment............................................................. 30
Excess loading of Motor Vehicles ........................................................................ 30
Condition of the Working Area................................................... ............................ 30
Maintaining Roadways and Detours....... ......... ........................... ...... ....... ...... ........ 30
Access to Properties Adjoining the Work and Interruption of Utility Services ....... 31
Approvals and Permits ........ .......................... ..... ............... ............. ...... ................. 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............ ...... ......... ......................... ..1........ .............. 36
Certification and Payment..... ............... ...... ......... .................................................. 36
Progress Payment Certificate.......... .................. ................. ............ ................... .... 36
Certification of Subcontract Completion.............;. ................................................. 37
Subcontract Statutory Holdback Release Certificate and Payment...................... 37
Certification of Substantial Performance ............................ ................................... 37
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates............................................................... 38
Certification of Completion ................................ ................. .................. ..... ...... ...... 38
Completion Payment and Completion Statutory Holdback Release
Payment Certificates ..................... ........... ............. ........................ .................. ...... 39
Interest................................................................................................................... 39
Interest for late Payment .................. ................ ................................... .......... ....... 39
Interest for Negotiations and Claims ..................................................................... 40
Owner's Set-off ............................. ....... .... ............................................................. 40
T8ble of Contents - Iv
CPa Gener81 CondItIona of ContrKt . September 1 tee
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GC 8.02.03.12 Delay in Payment .................................................................................................. 40
GC 8.02.04 Payment on a Tme 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 Tme ............ ......... ...... ....... ............ .............. ............ ................ .... ....... ..... 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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Final Acceptance Certificate ....................................... ................ ........ ................... 43
Payment of Workers ............ ............... ........................ ................. .... ...... ................ 44
Records ................................................................................................................. 44
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GC 8.02.07
GC 8.02.08
GC 8.02.09
Taxes and Duties. ...... .......................... ...................... ........ .......... ..... .............. ....... 44
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Liq uidated Damages................................. ..... .............. ~......................................... 45
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Table of Contenta . v
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Ontario Provincial Standards
for
Roads and Public Works
September 1999
GC 1.01
GENERAL CONDITIONS OF CONTRACT
SECTION GC 1.0 ..INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience .
and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the
General Conditions or any provision hereof.
GC 1.02
Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organizations and phrases listed on the right
"MSHTO"
"ANSI"
"ASTM"
"AWG"
"A'NWA"
"CESA"
"CGSB"
"CSA"
"(;VIIB"
"Ge"
"MOE"
"MTC"
"MTO"
"MUTCD"
MOPS"
-"OPSD"
"OPSS"
"PEO"
"SAE"
"SSPC"
"UL"
"ULC"
GC 1.03
American Association of State Highway Transportation Officials
American National Standards Institute
American Society for Testing and Materials
American Wire Gauge
American Water Works Association
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards Association
Canadian Welding Bureau
General Conditions
Ministry of the Environment (Ontario)
Ministry of Transportation (Ontario)
Ministry of Transportation (Ontario)
Manual of Uniform Traffic Control Devices, published by MTO
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Professional Engineers Ontario
Society of Automotive Engineers
Structural Steel Painting Council
Underwriters Laboratories
Underwriters Laboratories Canada
Gender and Singular References
.01 References to the masculine or singular throughout the Contract Documents shall be considered to
include the feminine and the plural and vice versa as the context requires.
GC 1.04
Definitions
.01 For the purposes of this Contract the following definitions apply:
Actual Measurement: means the field measurement of that quantity within the approved limits of the
Work.
Page 1
OPS Gener8I CondIIonI of ConInId - SeptM'Iber 1899
Additional Work: means work not provided for in the Contract and not considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope.
Base: means a layer of material of specified type and thickness placed immediately below the pavement,
driving 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 Subcontract Completion.
Certificate of Substantial Perfonnance: means the certificate issued by the Contract Administrator at
Sub~ntiaIPertonnance.
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 perfonned.
,-
Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades,
dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or
other conditions, changes in the character of the Work to be done or materials of the Work or part thereof,
.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 Contract 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 Contract Documents made pursuant to the provisions of the Agreement
Contract Drawings: or Contract Plans: mean drawings or plans. any Geotechnical Report, any
Subsurface Report and other reports and information provided by the Owner for the Work, and without
limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel
schedules, aggregate sources lists. Quantity Sheets, cross-sections and ~ndard drawings.
Contract TIme: means the time stipulated in the Contract Documents for Substantial Performance 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 Gener8I Condltlona d Contract. September 1_
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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 aU machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construction machinery and' equipment
Estimate: means' a calculation of the quantity or-cost-ofthe'Work -orcpart:ot itidepending 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 form as the monthly
estimates.
Force Account: See 'Tme and Materiar.
Geotechnical Report: means a report or other information identifying soil, rock and ground water
'conditions'in the area of any proposed excavation or fill.
Grade: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or-implements of.the trade and include small
power tools.
Highway: means a common and public highway any part of which is intended for or used by the general
public for the passage of vehicles and Includes the area between the lateral property lines thereof.
Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment is not based on a measured 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.n..a CondItIona d Connc:t - s..-.Iber 1_
Page 3
Owner: means the party to the Contract for whom the Work is being perfonned, 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
concrete, hydraulic cement concrete - PorUand cement concrete, or plant or road mixed mulch.
Performance 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 Contract Documents.
Project: means the construction of the Work as contemplated by this Contract.
Quantity Sheet: means a list of the quantities of Work to be done.
Rate~~ Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and
availa~1e from, the Owner.
,.,;i,~_"
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 indudes
the Shoulders.
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the ditch or fill slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipulated by the Owner. for
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 ~ virtue of an agreement with the Contractor.
.~,
Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base,
Subbase and Pavement
. ~~ .
Subsurtace 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:' 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.
Page.
OPS o...J CondltIona d Connc:t. SepIembet 1999
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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, electric, gas, oil,
steam, data transmission, telephone and cable television.
Warranty Period: means the period of 12 months from the date of Substantial Performance or such
longer period as may be specified for certain Materials or some or all of the Work. Where a date of
Substantial Performance is not 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 asdetermiiled'bylhe ContraclAdministrator; 'on"Whictl'the-:Contractor'is prevented by
. inctement weather or conditions resulting immediately1herefrom,'from proceeding-with'a'Contr'olling
Operation. For the purposes of this definition, this will be a Day during'which' the Contractor cannot
proceed with at least 60% of the normal labour and equipment force. effectivefy 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-delivery 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, indude falsework plans, Roadway
protection plans, shop drawings, shop plans or erection diagrams.
GC 1.05
Substantial Perfonnance
.01 The Work is substantially perfonned,
a) when the Work to be performed under the Contract or a substantial parUhereof is ready for use
or is being used for the purpose intended; and
b) when the Work to be performed under the Contract is'capable-ofcompletionor, 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 Contract
price in determining Substantial Performance.
CPS o.ner.I CondIIonI 01 Contr8ct. SeptM1ber 1_
hge5
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 th~n 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 ..JJte 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.
Pege 6
OPS GenereI CondIIIona 01 Connct . SepIel,Iber 1899
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SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the infonnation furnished in the Contract Documents can be relied upon with
the following limitations or exceptions:
a) The location of all mainRne 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.
.02 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 shaD govern over general Drawings; and
d) Drawings of a later date shall govern over those of an earfler date in the same series.
.03 In the event of any conflict in the contents of Standard Specifications the following order of
precedence shaD 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 comptementary, and what is required by anyone shall be as binding as
if required by all. "
OPS o.ner.I Conditio.. d Cornet. 8eptIImber 1_
Page 7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01
Contract Administrator"s Authority
.01 The Contract Administrator will be the Owner's representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever
is later. All instructions to the Contractor including instructions from the Owner will be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications,
a9d to record the necessary data to establish payment quantities under the schedule of tender
qUantities and unit prices or to make an assessment of the value of the work completed in the case of
r~ump sum price contract.
.04 .The Contract Administrator will determine the amounts owing to the Contractor under the Contract
and will issue certificates for payment in such amounts as provided for in Section GC 8.0,
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 Perfonnance of the Work
. and/or the date of Completion of the Work.
.09 The Contract Administrator will be, in the first instance, 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'whether 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 perfonned and that
called for by the Contract Administrator.
P8ge 8
OPS General CoIICIIIoI. of ContrIc:t - &..-.lbef 1899
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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 temporanly 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 shan be submitted in printed fonn.
At the time of submission the Contractor shall notify the Contract Administrator in writing of any
deviations from the Contract requirements that exist in the Wort<ing 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 confonnity 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 shaD notify 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 performed by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
OPS GenerIl CondIIona fI ContnICt . SeptiImber t899
Pege 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
.01 The Contract Administrator will provide baseline and benchmark information for the general location,
,-CiUgnment and elevation of the Work. The Owner will be responsible only for the correctness of the
. ,ii!jformation provided by the Contract Administrator. .
.... .
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.
P8ge10
OPS General Condllonl 01 Connct. September 1999
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GC 3.08
Delays
.01 If the Contractor is delayed in the performance of the Work 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 Contract 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 act or omission of the Contractor or anyone employed or engaged by the
Contractor directly or indirectly;
. c) the' Contrad Administrator 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 Contractor
as the result of such delay, provided that in the case of an application for an extension of Contract
Tune due to abnormal inclement weather,'1he'~olltrador'shalt, with. the . Contractor's application,
submit evidence from Environment Canada in ... support of such 'appication. ,."Extension. of Contract
Tane will be granted in accordance with subsection GC3;07, Extension of Contract Time.
.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 ContractTane shaII:;be' extei1ded' ilr 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 of such delays unless such '
delays are the result of actions by the Owner.
GC 3.09
Assignment of Contract
l .01 The Contrador shall not assign the Contract. either in whole or in part. without the written consent of
.. the Owner.
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GC 3.10
subcontracting by the Contractor
.01 The Contractor may subcontraCt any part of the Work; subject to these General Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator, in writing~'ofthe.intentionto subcontract. Such
notification shall identify the part of the Work; and the Subcontractor with whom it is intended.
.03 The Contrad Administrator will, within 10 Days of receipt of such notification,' accept or reject the
intended Subcontractor. The rejection'Wlll be-in writing.and will include the reasons for the rejection.
.04 The Contractor shall not, without the written consent of the Owner. change a Subcontrador- who has
been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor.
.05 The Contractor shall preServe alid protect the rights of the parties under the Contract with respect to
that part of the Work to be performed under subcontrad and shall,
a) enter into agreements with the intended Subcontractors to require them to perform their work in
accordance with the Contrad 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 direcUy
employed by the Contractor.
OPS GenerIlI CondIIIons of Connc:t . s.pIMlber ,_
Pege 11
.06 The Owner's consent to subcontracting by the Contractor shall 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 ..TIte 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 Time 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 Time.
.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 Time.
.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 delivered by hand or by facsimile transmission and on the fifth Day after the date of
mailing if sent by maR.
PIge 12
OPS General Colldltions 01 ContrIct . September 1_
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.02 The Contractor and the OWner shall provide each other with the mailing addresses, telephone
numbers and facsimile tenninal numbers for the Contract Administrator and the Superintendent at the
commencement of the Work.
.03 In the event of an emergency situation or other urgent matter the Contract Administrator or the
Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2
Days.
'.04 .Any notice permitted or required to be given to the OWner or the Contractor shall be given in
accordance with the notice provision of the Contract.
GC 3.13
Use and Occupancy of the Work Prior to Substantial Performance
.01 Where it is not contemplated elsewhere in'the Contract Documents, the Owner may use or occupy
the Work or any part thereof prior to Substantial"Perfonnance; provided.thatatleast 30 Days' written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part thereof by the Owner priorto SUbstantial Performance
shan not constitute an acceptance of the Work or parts so occupied. In "addition, the use or
occupancy of the Work shaD 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 0 with the Contract
Documents. The Owner will 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
Qwner's right to charge.the Contractor liquidated damages in accordance with thetenns of the
Contract.
GC 3.14
GC 3.14.01
Claims, Negotiations, Mediation
Continuance of the Work
.01 Unless the Contract has been tenninated or completed, the Contractor shall in every case, after
serving or receiving any notification of a claim or disputeiverbal or written, continue to proceed with
the Work with due diligence and expe<frtion. 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 WorlfRecords'to"be used inoassessing'1he 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 o.ner.I CondIIol. 01 Contract - ~ 1_
Page 13
.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the work affected by the situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises;
b) state the 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.
.au- ..
GC3.tt4.04 Negotiations
.,.:.~.
.01 "The parties shall make aU reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, 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
Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, within a period of 30 Days 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 Conb'actor.
GC 3.14.06
Payment
.01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or
dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and
Payment
P.14
OPS Gener.I Condltlo"s d ContNct. Sepeember 1_
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GC 3.14.07
Rights of Both Parties
r.. .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.
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GC 3.15
GC 3.15.01
Engineering Arbitration
Conditions for Engineering Arbitration
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
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.
.02 Notification that arbitration shall be implemented to resolve the issueshallbe'communicated in writing
as soon as possible and no later than"60"Osys--foIlowing'1he'-opinion"given in paragraph GC
3.14.03;05. Where the use of a third party mediator was implemented; 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.
GC3.15.02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right of appeal-as exist where the arbitrator has exceeded 'his or her jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions in respect of the matters under arbitr'ationwill'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 Ownerand Contractol':to-adjudicate 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 GeneqI CondItIons fI Connct. SeptIrnber 1889
Pege 15
.06 The arbitrator is not bound by the rules of evidence which govem 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 Contrador.
.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 Contrador.
.:~. .~..._.
.04 . The arbitrator may. in his or her discretion, 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 Contrador's operations expose any items which may indicate an archaeological find, such as
building remains, hardware, accumulations of bones. pottery, or arrowheads, the Contractor shall
immediately notify the Contrad 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 Contrad
Administrator in writing, in accordance with subsection GC 7.09, Suspension of Work.
.02 Any delay in the completion of the Contrad 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 GenerW Condltlona 01 Connct. SepWmber 1999
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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 Pennits
.01 The Owner will pay for all plumbing and building pennits.
.02 The Owner will obtain and pay for all pennits, licenses and .certificates:.soJely...requiredfor Project
approval. -
GC 4.03
Management and Disposition of-Materials
,
... .01 . The Owner will identify in the Contract Documents the materials to be moved within or removed from
the Working Area, and any characteristics' of those materials - which will necessitate special materials
management and disposition.
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" '.02 In accordance with regulations under the Occupational Health and. Safety Act; RS.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 are ,ordinarily present in construction: activities:' limestone,
gypsum, marble, mica and Portland cement; and
d) exposure 'to these substances mayOCCtJr 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 listed in paragraph GC 4.03.02, or not c1earty
identified in the 'Contract" Documents according-.to.paragraph.'GC~4J}3:03;-1hen:verbal notice will be
provided to the other party immediately with written confinnationwithin2 Days. The Contractor will
stop work in the area 'immediately and will detennine 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
shaH 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 Conti actor In writing of changes to the list and provide relevant
Material Safety Data Sheets.
OPS o.n.r.I Conditions of ContnIc:t . 8epIiImber 1.
P8ge17
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 property 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
~ ..~~~
.0tJhe Owner will give written notice of a default to the Contractor as soon as the Owner becomes
aware of the aUeged 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 shall 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.
GC 4.08
Owner's Right to Correct Default
.01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07,
,.:~tractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to
,8!'y 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
Tennination 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 entiUed to,
a) take possession of the Working Area or that portion of the Working Area devoted to that part of the
Work tenninated;
b) utilize the Equipment of the Contractor and any Material within the Working Area which is intended
to be incorporated Into the Work, the whole subject to the rtght of third parties;
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;
Pl!ge1.
0P8 o.n..I CondIUoI. of ContrKt . 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 determined by the Contract Administrator, to
cover correction to the Work performed by the Contractor that may be required under subsection
GC 7.15, Wananty;
f) charge the Contractor for any damages the Owner may have sustained as a result of the default;
and
g) charge the Contrador the amount by which the cost of corrections to the Work under subsection
GC 7.15, Wananty, exceeds the allowance provided for such corrections.
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 .Iess than the amount
withheld from the Contractor under subsection-GC .4.09; Termination.oLContractor's Right to
Continue the Work,' the OWner wiD pay the' balance to 1he' Cot.bactor as"soon)ls the final accounting
for the Contract is complete.
GC 4.11
Tennlnatlon of the Contract
.01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right
or remedy the Owner may have,terminate.the Contrad by giving written notice of termination to the
Contractor, the Surety and .any 1rustee -or receiver acting on behalf of ' the Contractor's estate or
creditors.
.02 If the Owner elects to terminate the Contrad the Owner will provide the Contractor and the trustee or
receiver with a complete accounting to the date of termination.
GC 4.12
Continuation of Contractor's Obligations
.01 The Contractor's obligation under the Contract as to quality; correction and warranty of the Work
performed prior to the time of termination of the Contrad or termination of the Contractor's right to
continue with the Work in whole or in part shall continue to be in force after such termination.
GC 4.13
Use of Perfonnance Bond
.01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond,
the provisions of this Section shall be exercised'in accordance with the conditions of the Performance
Bond. -."
OPS o.n.r.I CondlIlona cI Connc::t . SepeImbIr 1.
Pege 18
GC 5.01
SECTION GC 5.0 - MATERIAL
Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to include full compensation for the supply of such Material.
GC 5.02
Quality of Material
.01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract
Documents.
.02 Material supplied by the Contractor shall conform to the requirements of the Contract
.03 i\s specified or as requested by the Contract Administrator, the Contractor shall make available for
..,jospection or testing a sample of any Material to be supplied by the Contractor.
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.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,
o 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 5J13
~~~
Rejected Material
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.01 R~ected Material shall be removed from the Working Area expeditiously after the notification to that
e~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.
Pege20
OPS General COIId1t1ona 01 Contnict - 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 discretion of the Contract
Administrator.
.03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the
. ' Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard 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.Material shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 5.05.02
Care of Material
.01 The Contractor 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 shaH 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 discrepancies 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'immediateinspection.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
shan 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
shan 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 GenerW CondItIona d ContnId. SepIMIber 1.
Pege21
.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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OPS General Condlllonad Connct - September 1.
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SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
Protection of Work, Persons and Property
.01 The 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 performance of
the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property
the Contractor shall restore such damage, and such work shall be administered according to these
General Conditions.
.03 The Contractor shall immediately informthe~Contract Administrator of all~damage and injuries which
occur during the term of the Contract.
.04 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 permission.
.05 The Contractor and his Surety or Sureties.shall not be released from any term 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 RclaimsR, directly or
indirectly arising or alleged to arise out of the performance of or the failure to perform the Work,
provided such claims are,
a) atlribu1able 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 anyoneJor.whose acts the Contractor
may be liable; and
c) made in writing within a period of 6 years from the date of Substantial'Perfonnance of the Work as
set out in the Certificate of Substantial 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 frornan 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 fumished by the Contractor under the
Contract.
.03 The Owner expressly waives the right to indemnity for claims other than those stated above in
paragraphs GC 6.02.01 and GC 6.02.02.
.04 The Owner shall indemnify and hold 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 Ge...., Conditions 01 Connct - 8epI8mber '889
P8ge 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 Contrador shall provide,
maintain and pay for the insurance coverages listed under dauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in dauses 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 Contrad
. ~ministrator named as additional insureds, with limits of not less than 5 million .dollars inclusive per
~rrence for bodily injury, death, and damage to property induding loss oruse thereof, with a
'P.t9perty 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 Fonn 2100 may be used,
provided all the requirements listed in the Contract are induded. Approval of this insurance wiD 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 Perfonnance 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, 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 SJ!ould the Contractor decide not to employ Subcontractors for operations requiring the use of
8)q)Iosives for blasting, or pile driving or caisson work, or removal or weakening of support of property
~ilding or land, IBC Fonn 2100 as required shall indude the appropriate endorsements.
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.06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in
advance of cancellation, change or amendment restricting coverage.
.07 "Claims Made" insurance policies will f10t be pennitted.
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
dolJarsinclusive 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 non-owned automobile policy including standard contractual liability endorsement. and
b) standard owner's form automobile policy providing third party IlablUty and accident benefits
insurance and covering licensed vehicles owned or operated by the Contractor.
PIlge 24
OPS General CondIlons.fA Contract - September 1899
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GC 6.03.04
Aircraft and Watercraft liability Insurance
.01 Aircraft and watercraft "ability insurance with respect to owned or norH)WJled 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 Boiler Insurance
Property Insurance
.01 . All risks property insurance shall be in the name of theContractor+withJhe~Ownerand the Contract
Administrator named. as additional insureds, insuring' not.lessthan.the'.sum.of the .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 form acceptable to the Owner and shall be maintained continuously until 10 Days after.the date of
Final Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.02
Boiler Insurance
'.01 " Boiler insurance 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 Performance, 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 shan 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 prior-..to~ucb. use or occupancy
shall provide, maintain and pay for property and boiler insurance insuring .the. fun 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 0....,.. Condltlona d ConInICt. SeI*mber ,.
Pege25
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 excluded from the Contractor's responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6.03.0&
Contractor's Equipment Insurance
.01 All risks Contractor's equipment insurance covering construction machinery and eqUipment used by
the Contractor for the perfonnance 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 resbicting 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 10 Days after the date of Final Acceptance of the Work, as set out
in the Final Acceptance Certificate.
.02 The Contractor shall 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 undelWriter
or the broker.
.03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the insurance. The certified true copy shall include a signature by an officer
of the Contractor and in addition, a signature by an officer of the insurer or the undelWriter 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 28
ops o.n..a Conditions ~ Connct - September t.
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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
..
.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 by. a 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 Oenenl Condltlona 01 ContrIlc:t - September 1_
Pege 27
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!ious parts of the Work.
'''-1.- .
.04 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and
, ..~oval of temporary structures and other temporary facilities and the design and execution of
,c:;9nstruction methods required in their use.
.05 'Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of construction in whole or
part, such facilities and methods shall be considered to be part of the design of the Work, and the
Contractor shall not be held responsible for that part of the design or ,the specified method of
construction. The Contractor 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 exearte 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 Ad. (the
"Regulations") which may affect the perfonnance 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 Ad. and the provisions of the Regulations applicable to the Work,
and a personal commitment to comply with them;
c), a copy of the most current version of the Ad. 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 perfonnance of the Work;
; dt~Workers employed to carry out the Work possess the knowJedge, skills and protective devices
"required by Jaw 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 properly protected from injury while they are at the
work place.
.07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy
and program at the pre-start meeting, and shaH respond promptly to requests from the Owner for
confinnation 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 Ad. and the Regulations in any investigations of worker health and safety in
the perfonnance of the Work. The Contractor shall indemnify and save the Owner hannless from any
additional expense which the Owner may incur to have the Work perfonned as a result of the
Contractor's failure to comply with the requirements of the Ad. and the Regulations.
Pege28
OPS 0.".,., Conditions d Contract . SepIeI..ber 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 performed.
to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall
notify the Contract Administrator of the names,. addresses,. positions and telephone numbers of the
Contractor's representatives who can be contacted at any time to deal with matters relating to the
Contract.
.10 The Contractor" shall;. at no. additional cost -to the Owner, furnish aU 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'paymenl
.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 conformity
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 Contract Administrator and shall not proceed with the activity
affected until receiving direction from the Contract Administrator.
.13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all
underground utilities and service connections which may be affected by the Work. The Contractor
shall be responsible for any damage clone to the underground utilities by the Contractor's forces
during construction if the stake out locations are within the toterances 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, baselines and benchmarks which are necessary to delineate the Working
Area and to layout the Work, all as shown on the Contract Drawings.
.02 The Contractor shall be responsible for the .preservation of all. property.. barS' while the Work is in
progress, except those property bars . which . must.be removed. to .facilitate ..,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 establish 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 GenerIII ConcIIIIoM of Connc:t . SepIiImbIr 1.
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
Contract Administrator.
.07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully
preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's
operations, such stakes, marks and reference points will be replaced by the Contract Administrator at
the Contractor's expense.
GC-7.03
Damage by Vehicles or Other Equipment
.01 If at any time, in the opinion of the Contract 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
-':Substitutions for such vehicles or equipment, and shall alter loadings, or in Some other manner,
~rimove 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
Hig"llway, including the road under construction, or on detours within or adjacent to the Highway, in
accordance with the MUTCD.
.02~";Contractor 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 shall
not be required to apply deicing chemicals or abrasives or carry 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.
Page 30
OPS General Condlllona of Contm:t - September '899
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.05 The Contractor 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 'Contract is discontinued for any extended period including seasonal shutdown,
'the Contractor shall, when directed by the Contract Administrator, open and place the. Roadway and
detours in a passable, safe and satisfactory condition for public travel.
.07 Where the Contractor constructs a detour which is not specifically provided for in the Contract
Documents; or required by the Contract Administrator, the construction of the detour and, if required,
the subsequent removal shall be performed at the Contractor's expense... oThe detour shall be
constructed and maintained tostrudUral' 'and' geometricstandardS""~~ by the Contract
Administrator. Removal and siterestoration'shaILbe. performed.:as..dir:€Cted by the Contract
Administrator.
.08 Where, with. the prior written approval of the Contract Administrator, the. Highway is closed and the
. traffic diverted entirely off the Highway to any other Highway, the Contractor 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
subsedionGC6.01,'Protedion -of Work, Persons and 'Property, dealing with the Contractor's
responsibility for damage claims, except for claims arising on sections of Highway within the Working
Area that are being maintained by others.
GC 7.07
Access to Properties Adjoining the Work and Interruption of Utility
Services
.01 The Contractor shall provide at all times, and at no extra cost to the Owner,
a) adequate pedestrian and vehicular access; and
b) continuity of Ublity 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 'requirecl..and .are 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
for any permits, licenses,. and certificates which at the date of tender closing, are required for the
performance of the Work.
.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits
specified in paragraph GC 7.08.01.
OPS General CondItiona d Contract. September 1_
Pege31
GC 7.09
Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or
aU of the Work and work shall not be resumed until the Contract Administrator so directs in writing.
Delays, in ~ese 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 Contractorn.the Contractor may,
..~ prejudice to any other right or remedy the Contractor may have, by giving the Owner written
~tice, 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 performed according to the Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the termination of the
Contract.
GC 7.-11
Notices by the Contractor
.01 Before work is carried out which may affect the property or operations of any Ministry or agency of
g5vemment 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 person, 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.
P8ge32
OPS o.n..J CondItiona cf Contr8ct. September 1899
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GC 7.12
Obstructions
.01 Except as othelWise noted in these General Conditions, the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in the performance of the Work and any
traffic conditions, including traffic conditions on any Highway or road giving access to the Working
Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for
any 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 described in the specifications and the location so shown is
within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the
obstruction has othelWise 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'responsibility:to:amsuIt"With Utility companies
; 'or other appropriate authorities for further;lnformation'in .regard.to;the'exacrioCStion of these Utilities,
to exercise the necessary care in construction'operations;--andio-take-such-otherprecautions 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 shan 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 WOfk, the Contractor shall remove surplus materials,
, tools, construction machinery and equipment not required for the performance of the remalning 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 Completion'Ufltilthe-COntractor 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 prompUy, 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 Performance, 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
OPS o.ner.I condItIonI of COnnct. SeptImber 1_
P.33
. ... . '.
d) such longer periods as may be specified for certain Materials or some of the Work.
The Contract Administrator will promptly give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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PtIge 34
OPS General CondiIiona of Contract . Sepllmber 1899
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
..
GC 8.01
GC 8.01.01
Measurement
Quantities
ir.
.01 The Contract Administrator WIll make an estimate once a month, in writing. of the quantity of Work
performed. 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 Contract Administrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date.
'.02 . Such quantities for progress payments. shall be construed and held to approximate. The final
" quantities for the issuance of the Completion Certificate shall be - based on the measurement of Work
completed.
.03 MeasUrement of the quantities of the;WorIc' perfonned'WiU be:either:by~1 Measurement or by
Plan Quantity principles as indicated oin the" Contrad:'" Adjustments,to",PIarr euantity measurements
will normally be made using Plan Quantity principles but may; where-approfxiate, 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 Material to be supplied by the
Contractor under a unit price tender item win 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
performed 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'ofWottc performed and/or' Material supplied by the
Contractor is less than 85% of the tender'quantity, the Contractor may make a written request to
negotiate for the portion of the actual~overheads' and, 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. A1tematively,
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 Ge...... Condlllona d Contract - september 1999
Page 35
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.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 facilities 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 ftIe above rate when
. '~;f . 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 an Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material. Such payment shall 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 Work. The Contractor shall not exercise any act of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for inclusion in the Work, without the consent, in writing, of the Contract Administrator.
f) Such materials shall remain at the risk of the 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 listed in paragraph GC
8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
~II only be detennined when the material meets the requirements of the appropriate specification.
GC 8.02.03 CertIfication and Payment
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GC 8.02~03.01
Prog~Pa~entCertfficam
.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 perfonned;
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 GeneIaI Conditions d Contract - Sepeember 1_
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.03 One copy of the progress Payment Certificate will be sent to the Contractor.
.04 Payment will be made within 30 Days of the Cut-otf Date.
GC 8.02.03.02
Certification of Subcontract Completion
.01 Before the Work has reached the stage of Substantial Performance, 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.
.02 The Contract Administrator will issue a Certificate of Subcontract Completion if the subcontract has
been completed satisfactorily, and all required inspection and testing of the works covered by the
subcontract have been carried out and the results are satisfactory. . .
.03 The 'ContractAdministrator will set out in the Certificate ofSubcontmct.Campletion the date on which
the subcontract was completed and within'7 Days' of:thedate the:subcontractJs certified complete,
the Contract Administrator will give a copy 'ofthecertificate'to..the:Contr'act.oc'aod: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
rl8bilities 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 'shatl-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
Certification of Substantial Perfonnance
.01 Upon application by the Contractor and where the Contract has been substantially performed the
Contract Administrator will issue a Certificate of Substantial Perfonnance.
.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
include placement in the Daily Commercial News.
OPS o.n.r.J Cocldltlona d Cantract. Sepeember 1m
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.
GC-8.02.03.05
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Certificate of Substantial Perfonnance the Contract
Administrator will also issue the Substantial Performance Payment Certificate and the Substantial
f>>erformance Statutory Holdback Release Payment Certificate or where appropriate, a combined
;~yment certificate. .~
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.02:~ Substantial Performance Payment Certificate will show,
'a!lf'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, aHowing 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 carrying out the Contract have been
" disCharged except for statutory holdbacks properly retained; .
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
<<6-;proof of publication of the Certificate of Substantial Performance.
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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
~py to th~ Contractor.
P.ge 38
OPS Generel CondltIona d Contract - September 1899
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GC 8.02.03.07
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.
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.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.
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.03 The Completion Statutory Holdback Release _.PaymenLCertifi.cate,wiU: ~;;a. payment certificate
. releasing to- the Contractor' the' further statUtorY 'hOldback:" Paymentof.sucll~statutory holdback shall
be due 46 Days after the date of CompletioniOftheWork.as-estabIishedtbJ:th&.Completion.Certificate
but subject to the provisions of the Construction UenAct-ancUhe: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 where
aw~te; _
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.
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GC 8.02.03.08
Interest
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.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
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.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 performed, 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,'lfpayment.is not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days after the CUt-otf Date;
b) Certificate of Subcontract Completion:' 30 Days after the date certified as-the date on.which the
subcontract was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
subcontract was completed;
d)' Substantial Performance Payment Certificate: 30 Days after the'date of issuance of the certificate.
e) Substantial Performance 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.
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P.40
OPS Gene,. CondItIona 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 I~re, a Contractor fails to comply with the 30-day time limit and the procedures prescribed in
. ~(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.()ff
.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 detennined in writing by the Contractor's
insurer, undetennined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06, 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
Payment on a nme and Material Basis
Definitions
GC 8~~01
.01 Fo[: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 direcuy 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 liability 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, firm 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 aU work incidental thereto other than work on structures.
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 structures.
Standby.Time:'means any period oftime Whichis'not"considered'WorkingT~ which together with
the Working Tme does not exceed10hours.in,any:one"<Working:Oay.:ancLdul'ingwhich 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 aod the installation of' equipment and
appurtenances incidental thereto.
The 127 Rate: means the rate for a unit of equipment as listed inOPSS 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 'Tune -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 shall be subject to all the terms, conditions, specifications. and provisions of the
Contract.
Working Time: means each period of time during which a unit of equipment is actively and of necessity
engaged on a specific operation and the first 2 hours of each.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 in a fully operable condition. '
GC 8.02.04.02
Dally Work Records
.01 Daily Work Records prepared as the case may be by either the Contractor's representative or the
! . Contract Administrator and' reporting the labour and Equipment employed and the Material used on
... each Time and Material project, shall be reconciled and signed each day by both the Contractor's
representative and the Contract Administrator.
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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
lilt 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.
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OPS General Conditions d Contract - SepC8mber ,.
pege 41
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
i~stof the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of
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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 TlI1le of all equipment other than Rented
Equipment and Operated Rented Equipment used on the Work on a Tune and Material basis at The
127 Rates with a cost adjusbnent 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 Tnne and Material Basis at 110% of the Operated Rented Equipment invoice price
aprxoved by the Contract Administrator prior to the use of the equipment on the Work on a Time and
.. Miterial Basis.
GC 8~02i04~06.02
")\t1:
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 Time 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 Tme and Material Basis to be returned to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such retum.
P8ge42
OPS General Conditions of Conbwc:t - 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, .nopayment shall be .made to ,the. Contractor for
~ or in respect of Hand Tools or equipment that are tools of the trade.
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GC 8.02.04.08
Payment for Work By Subcontractors .
.01 Where the Contractor arranges for Work on a-Time and Material Basis, or.a part of it, to be performed
by Subcontractors" on .aTune and.,Material..basis.,.and.;..has~ived ..apprpv.al:. prior to the
. . commencement .of :such'.work; ~in accordance with2:.thEh~requirements::~ubsection: GC 3.10,
SubContracting by the Contractor; the Owner win pay the ,cost-'ofWork..oooS'Xme{and--;Material Basis
by1he Subcontractor calculated-as.jf the . Contractor had'don&.the..WOfk.m..T~and,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 markup Will be applied regardless-of.the extent towhich.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 Tme 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 the standard foll1l."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 incurred by the Contractor on the Work
on a Tme and Material Basis s~J1be included witheach-summary.~-c,c.;::. .'."...-.; d.'.
:t>3 Each month .the..ContractAdmlnistratorwill include. with the.mqnthly~pr.Qg~.~~~;~te, 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 "Summa,y for Payment of Accounts on a Time and Material Basis" shall be submitted by the
Contractor within 60 Days after the completion of the Work on a Tune 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 unbl aU known deficiencies have been adjusted or corrected, as the case
may be, and the Contractor has discharged all obligations under the Contract.
OPS GeneqJ Conditions d Contract. September 1898
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OPS. Gener8I CondItIons 01 ContnIc:t . September 1_
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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..()ff.
GC 8.02.07
Records
.01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the
total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such
original Records until 12 months after the Final Acceptance Certificate is issued or until all claims
have been settled, whichever is longer. The Contractor shall require that Subcontractors employed
by the Contractor preserve aH original Records pertaining to the Work, Changes in the Work, Extra
Work and claims arising therefrom for a similar period of time.
.02 If, in the opinion of the Contract Administrator, DaDy Work Records are required, such records shall
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Daily Work Records shaH 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 fonns provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shall 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 c:taim 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 form part of the Work.
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GC 8.02.09
Liquidated Damages
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.01 When liquidated 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
II. Contract Documents.
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OPS General Conditions fA Contract. Sept.ember 1899
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