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HomeMy WebLinkAbout2006-146 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- 146 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Dol Turf Restoration Ltd, Bond Head, Ontario, to enter into agreement for the Football Field, Community Park, Bowmanville 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, Dol Turf Restoration Ltd, Bond Head, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 26th day of June, 2006. By-law read a third time and finally passed this 26th day of June, 2006. - - - .. - CORPORATION OF THE MUNICIPALITY OF CLARINGTON - FOOTBALL FIELD CONSTRUCTION CONTRACT NO. CL2006-32 - - - MAY 2006 - ., - - - ..:. ~~ architects planners TSH No. 42-80446 .. AGREEMENT ... ... THIS AGREEMENT made in quadruplicate - BETWEEN: DOL TURF RESTORATION LTD. ... of the County of Simcoe and Province of Ontario ... hereinafter called the .Contractor" - THE PARTY OF THE FIRST PART - -and- - the CORPORATION OF THE MUNICIPALITY OF CLARINGTON - hereinafter called the .Purchaser" ... THE PARTY OF THE SECOND PART .. - 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. ... - ... - - - Page I of 3 OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 405 February 1990 571 November 200 I 128 Current 407 Nov. 200 I 572 November 2003 201 November 2003 410 April 1999 577 February 1996 206 November 2000 510 April 2003 701 April 2004 310 November 2001 421 April 1999 314 December 1993 570 August 1990 .. ... ... - A. .. B. e. - D. E. F. - G. H. ... ... ... ... ... - - ... .. - - - DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Contract No. CL2006-32, Football Field Construction, Municipality of Clarington ADDENDUM NO.1 dated June 6, 2006 ADDENDUM NO.2 dated June 8, 2006 TENDER FORM: General Itemized Bid Bonds Schedule of Tender Data Page 7 STANDARD TERMS AND CONDITIONS CONTRACTOR SAFETY INSTRUCTIONS TO TENDERERS SPECIAL PROVISIONS - GENERAL SPECIAL PROVISIONS - TENDER ITEMS (Electrical- I to 12 & I to 4) (Structural- I to 4, 1 to I, I to 3, and 1-7) PLANS: Drawing LOI-L04; WI; EOI-E02; SOl STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. Pages I and 2 Page 3 to 5 Pages I to 4 Pages 1 to II Pages I to 15 I. 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 the expiration of Sixty-five (65) working days from the commencement date of July 17,2006 which includes time for manufacturing and delivering of railing. IN CONSIDERA nON 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 of 3 - - - IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. - - SIGNED and sealed by the Contractor: - - ... in the presence of ... .. SIGNED and sealed by the Purchaser: CORPORATION OF - THE MUNICIPALITY OF CLARINGTON in the presence of ~ ~~t1L/~ ) Joh. Mutton. Mavor ) ) Date JU/j ~J7200k ) ) ) ) ~ ... - ... - ) Date :J u 'j ~'7) '2-00 f.o .. - 42-80445-AGR ... Page 3 of 3 ... L l l L L L L l L l L L L L l l L L l CONTRACT NO. CL2006-32 CORPORATION OF THE MUNICIPALITY OF CLARINGTON FOOTBALL FIELD CONSTRUCTION 10fl ADDENDUM NO.2 Contractors are hereby notified of the following modifications to Contract No. CL2006-32. DRAWINGS. Drawing 101, Irrigation Plan Contractors shall delete Drawing Note No.6: "Verify pressure on site. If the pressure is less than 75psi, a booster pump will be required.>> There is an existing booster pump on site, thus it will not be required as part of this bid. All tenders must be submitted on the basis of these modifications. This Addendum shaD remain attached to and form part of aU tenders submitted. TSH, Engineers Architects Planners 513 Division Street COBOURG, Ontario K9A 5G6 June 8, 2006 p:\42-80446\specs\c12006-32-add-2.doc lilt l L l L L L l L L L L L L l L. i. L L L L CONTRACTNO.CL2~~2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON FOOTBALL FIELD CONSTRUCTION 1 of 1 ADDENDUM NO.1 Contractors are hereby notified of the following modifications to Contract No. CL2006-32. DRAWINGS. Drawing SOl, Scoreboard Detail Note "Steel Sign Panel Type P-12 by Peerless Enterprises" to be replaced with "3 signs Model No. FDOI424" by Scoreboard Plus and as per Specifications". Drawing SOl, Notes Section: Scoreboard Note "Scoreboard will be supplied by Owner, installed by Contractor" to be replaced with "Scoreboard to be supplied and installed by Contractor". SPECIAL PROVISIONS - TENDER ITEMS Section C - Item No. 13 - SUPPLY AND INSTALLATION OF GOAL POSTS Replace "Part No. FB-l000CDN-PC-72" with "Part No. FB-l000-102 (8-6 offset) from Scoremaster". Section E - ELECTRICAL "Refer to Electrical Specification Section for Tender Items 20 and 21" should read: "Refer to Electrical Specification Section for Tender Items 21 and 22" Section F - PROVISIONAL ITEMS "SUPPLY AND INSTALLATION OF ALUMINUM BLEACHERS" should be Item No. 23 "SUPPLY AND INST ALLA TION OF SCOREBOARD" should be Item No. 24 Under this item, replace "c/w 2 signs Model No~ FD01424" with "c/w 3 (three) signs Model No. FDOI424, 2 signs to contain the text 'Clarington Fields' in ITC-Fenice Condensed font sized to fit and 1 sign to contain the text 'Clarington Tiger Cats FootbaU Club' in a 3-font and 3-colour design, sized to fit". "SUPPL Y AND INST ALLA TION OF RETAINING WALL" should be Items No. 25 and 26 All tenders must be submitted on the basis of these modifications. This Addendum shaU remain attached to and form part of aD tenders submitted. TSH, Engineers Architects Planners 513 Division Street COBOURG, Ontario K9A 5G6 June 6,2006 p: \42-80446\specs\cl2006-32-add-l.doc lilt .. - PROJECT: TENDER FOR CONTRACT NO. CL2006-32 FOOTBALL FIELD CONSTRUCTION - AUTHORITY: Corporation of the Municipality of Clarington - CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET COBOURG, ONTARIO. K9A 5G6 Telephone: 905-372-2121 Fax: 905-372-3621 ... - - TENDERER: DOL TURF RESTORATION LTD. Name ... P.O. Box 240. 2785 County Rd. 27 .. Bond Head. Ontario. LOG IBO Address (include Postal Code) - 905-778-1222 905-778-1333 Telephone and Fax Numbers - Gord Dol .. Name of Person Signing President .. Position of Person Signing .. TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk .. Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street .. BOWMANVILLE, Ontario. Ll C 3A6 p: \4 2 -80446 Ispecs 180446-tf-5 i gn ing. doc .. .. ... Page I of 7 pages ... TENDER CONTRACT NO. CL2006-32 .. - To: The Mayor and Members of Council Corporation of the Municipality of Clarington - .. Re: Contract No. CL2006-32 Football Field Construction, BomanvilIe - Dear Mayor and Members of Council: ... The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. ... ... The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. .. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. - ... Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. ... ... ... .. .. ... ... Page 2 of 7 pages ... ITEMIZED BID CONTRACT NO. CL2006-32 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for - Contract No. CL2006-32 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 Ouantity Payment Item Item No. Spec No. Description Unit Quantity Unit Price Total SECTION A - SITE WORKS 1 201,206, Site Preparation LS 16,995.10 SP 2 206, SP Earth Excavation (Grading) 3 5,210 9.17 47,775.70 m 3 577, SP Silt Fence m 400 7.98 3,192.00 Total Section A - (carried forward to Summary) 67,962.80 SECTION B - SITE SERVICES Water 4 701, SP Irrigation LS 24,813.00 Storm Sewer 5 405 SP Supply and Installation of EZ Flow m 1,560 23.04 35,942.40 1001P 6 405 SP Supply and Installation of Big 0 150mm m 295 26.10 7,699.50 subsurface drainage collection pipe 7 410 375 mm Dia. HDPE Boss 2000 Storm m 252 80.54 20,296.08 SP Sewer 8 410 150 mm Dia. PVC D35 m 4 DELETED SP 9 410 Lawn Drains - 600mm drain with sq. ea. 4 1,205.27 4,821.08 SP 600mm lock down hinged grate 10 SP Headwall Assembly - plastic end section ea. 1 393.53 393.53 with all associated hardware 11 407 DIMH - Type C-I02 - OPSD 706.10 1 ea. I 2,810.30 2,810.30 SP Type B Total Section B - (carried forward to Summary) 96,775.89 SECTION C - SITE FEATURES Football field 12 SP Supply and Installation of Player's ea. 4 2,070.10 8,280.40 Benches, As Per Manufacturer's Specifications and Contract Drawings Page 3 of 7 pages ... ITEMIZED BID CONTRACT NO. CL2006-32 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for ... Contract No. CL2006-32 for the following unit prices. - ... ... ... .. ... .. - .. .. III III III .. ... - - 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 Ouantity Payment Item Item No. Spec No. Description Unit Quantity Unit Price Total 13 SP Supply and Installation of Pair of Goal ea. I 10,031.50 10,031.50 Posts, As per Manufacturer's Specifications 14 SP Supply and Installation of Permanent m 575 21.00 12,075.00 Field Line Markings, As Per Manufacturer's Specifications Paving 15 314,SP Supply and Placing of Granular 'A' t 692 15.14 10,4 76_88 Including Compaction and Fine Grading 16 310, SP Supply and Place 50 mm Hotmix HL-3F t 187 149.85 28,021.95 Asphalt Pathway Total Section C - (carried forward to Summary) 68,885.73 SECTION D - SEEDING AND SODDING 17 570,SP Supply and Installation of Stockpiled 3 3,210 10.89 34,956.90 m Topsoil 18 206,SP Fine Grading LS 4,440.00 4,440.00 19 571, SP Sod 2 10,700 2.77 29,639.00 m 20 572, SP Seed 2 11,200 0.68 7,616.00 m Total Section D - (carried forward to Summary) 76,651.90 SECTION E - ELECTRICAL 21 16010 General Requirements L.S. 35,220.00 . 35,220.00 22 16700 Football Field Lighting L.S. 139,500.00 139,500.00 Total Section E - (carried forward to Summary) 174,720.00 SECTION F - PROVISIONAL ITEMS 23 SP Supply and Installation of lO-tier ea. 4 20,080.50 80,322.00 Aluminum Bleachers, As Per Manufacturer's Specifications 24 SP LED Scoreboard, c/w signs, footings, LS 46,742.60 46,742.60 and associated structural components, As per Manufacturer's Specifications Page 4 of 7 pages - ITEMIZED BID CONTRACT NO. CL2006-32 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for _ Contract No. CL2006-32 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 25 SP Supply and Installation of Retaining m 131 DELETED Wall, As Per Manufacturer's Specifications 26 SP Supply and Installation of Handrail, As m 95 DELETED PerOPSD 980.101 (Provisional) Total Section F - (carried forward to Summary) 127,064.60 SUMMARY: Sub-Total, Section A - Site Works 67,962.80 Sub-Total, Section B - Site Services 96,775.89 Sub-Total, Section C - Site Features 68,885.73 Sub-Total, Section D - Plant Material 76,651.90 Sub-Total, Section E- Electrical 174,720.00 Sub-Total, Section F- Provisional Items 127,064.60 SUB-TOTAL (excluding GST) 612,060.92 GST (6% of Sub-Total) 36,723.66 TOTAL TENDER AMOUNT 648,784.58 Tenderer's GST Registration No. 135268498 RT0001 P /4 2 -80446\S pees ICL - 2006- 32 -S ign ing Page 5 of 7 pages .. AGREEMENT TO BOND (to be completed bv Bondin!! Company) CONTRACT NO. CL2006-32 .. Bond No. 962-006192 ... - WE, the Undersigned, HEREBY AGREE to become bound as Surety for DOL TURF RESTORATION 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.CL2006-32 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. ... DATED AT Alliston, Ontrio this 9th day of June 2006 ... ING Insurance Company of Canada .. 181 University Ave., Suite 602 TORONTO, Ontario. M5H 3M7 Name of Bonding Company ... ... Rick Fess Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) ... Attorney-in-Fact Position ... ... ... (This Form shall be ,completed and attached to the Tender Submitted). ... .. Page 6 of 7 pages - ... ... - ... .. - .. .. - II-. ... - - ... - - - - SCHEDULE OF TENDER DATA CONTRACT NO. CL2006-32 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages I and 2 Itemized Bid Page 3 to 5 Agreement to Bond Page 6 Schedule of Tender Data Page 7 STANDARD TERMS AND CONDITIONS CONTRACTOR SAFETY INSTRUCTIONS TO TENDERERS SPECIAL PROVISIONS - GENERAL SPECIAL PROVISIONS - TENDER ITEMS B. e. D. E. F. Pages I to 4 Pages I to 11 Pages I to 15 (Electrical - 1 to 12 & I to 4) (Structural- 1 to 4, 1 to I, I to 3, and 1-7) PLANS: Drawing LOI-L04; WI; EOI-E02; SOl ST ANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. G. H. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 405 February 1990 571 November 2001 128 Current 407 Nov. 2001 572 November 2003 201 November 2003 410 April 1999 577 February 1996 206 November 2000 510 April 2003 701 April 2004 310 November 2001 421 April 1999 314 December 1993 570 August 1990 I. 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 X hereby identify this as the Schedule of Tender Data, Plans and Specifications, ed by me/us bearing date the ~ day of June, 2006 and we have fully read as listed above. SIGNA TURE: POSITION: President ESTORA TION LTD. (COMPANY SEAL) Privacy Le1!islation Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that we have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project administration, for contact purposes. This is Page 7 of 7 Pages to be submitted as the Tender Submission for Contract No. CL2006-32. ... ... ... ... ... - ... ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2006-32 ... .. .. ... ... ... ... .. STANDARD TERMS AND CONDITIONS ... ... p: \4 2 - 8044615 pees \42 -80446-I&c. doe ... .. STANDARD TERMS AND CONDITIONS 1 .. ... The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract except where noted below. . Clause 8 of the "Standard Terms and conditions" shall be superceded by Clause 6, "Payments" of the "Special Provisions - General" Section of the Contract. - . Clause 15 of the "Standard Terms and conditions" shall be superceded by Clause 1, "Guaranteed Maintenance" of the "Special Provisions - General" Section of the Contract. ... ... . Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract. . 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. ... . Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 16, "Workplace Hazardous Materials Information System (WHMIS)". .. ... ... ... ... ... ... ... ... ... ... ... .J STANDARD TERMS AND CONDITIONS 2 ... 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. .. Bidder - The person, firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. ..i Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. ~ ... Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. lIIIIi Bid - An offer by a Bidder in response to the document issued by the Municipality. ? t ... Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. ." 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. .. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. ... The bid must be signed by a designated signing officer of the Bidder. j .. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. j -' The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. .J 2. SUBMISSION OF BID (cont'd) Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. ... A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. "'" ... ... f ... III ... STANDARD TERMS AND CONDITIONS 3 ... 3. CONTRACT The contract consists of the documents aforementioned. ... The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. ... The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. ... None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT ... Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. ... Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. ... No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY ... The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. ... 6. DELIVERY .. Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. ... A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. ... Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. ... Time shall be of the essence of the contract. 7. PRICING ... Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract. ... ... Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. ... ... j ... STANDARD TERMS AND CONDITIONS 4 .. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. ... If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. .. Should any additional tax, duty or any variation in any tax or duty be imposed by the Govemment of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. .J 8. 11 IIllIi TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. .. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. .,j The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. ~ Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. .... 9. i ... PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. I .. The company shall pay all royalties and patent license fees required for the work. ... If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. ..J 10. ALTERNATES .... Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an altemate will not be considered unless otherwise specified herein. 11. , .... EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ~ .. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. :j "'" f .. ... .. .... ... ... ... ... ... .. ... ... ... ... .. ... ... ... - ... STANDARD TERMS AND CONDITIONS 5 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Company's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. 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. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregards statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. ~ ~ ... STANDARD TERMS AND CONDITIONS 6 J d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; "" .... ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). J j 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. J' ~ .. 19. QUANTITIES .J Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. I IIllIi Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. .1 ... 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. ... ... The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. .J Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. I ... 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. lIIIIi ...J The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. wi Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. @ ... t ... ... ... ... ... .. ... ... ... .. .. .. .. .. ... ... ... ... ... ... STANDARD TERMS AND CONDITIONS 7 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors / Owners / Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: Single Independent Contractors / Owners / Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining worker/Independent Operator status", issued by the Workplace Safety & Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) Single Independent Contractors / Owners / Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. 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. 24. 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. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. ,~ ... STANDARD TERMS AND CONDITIONS 8 .. 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. ... Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. ... The Company shall be aware of and conform to all goveming regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. .J The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. I .J 27. UNPAID ACCOUNTS , ... The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. .J 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. ... ... The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK i ... The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. ... J 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. .. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA) I ... All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. .J Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. J 32. CRIMINAL BACKGROUND CHECKS '. .. "The successful service provider covenants and agrees to provide the Municipality of Clarington, or such other entity as the Municipality may designate, with written consent to perform a criminal J ... STANDARD TERMS AND CONDITIONS 9 ... 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. .. ... 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. ... ... 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." ... ... ... .. .. .. ... .. .. .. ... - - ... II. .. ... ... ... ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2006-32 ... lilIII ... .. .. ... ... ... ... SCHEDULE 'c' ... ... p:\42-80446\speeslsehedule e-42~80446_doe - ... SCHEDULE (C) CONTRACTOR SAFETY ... POLICY AND PROCEDURE ... POLICY: ... Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: ... . 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 project complies with the Occupational Health and Safety Act and the Regulations (under the Act); and .. · the health and safety of workers on the project is protected. - . Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. ... DEFINITIONS: .. Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality. ... Project - means a construction project, whether public or private, including, . the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, ... ... · the moving of a building or structure, and . any work or undertaking, or any lands or appurtenances used in connection with construction. ... .. Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. .. ... ... - SCHEDULE (C CONTRACTOR SAFETY $ 1 .. j ill POLICY AND PROCEDURE Continued... Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. I ... Project Manager - means the municipal management representative who has responsibility for a contract. ... ~ .,; PROCEDURE: The following items are required before any Contractors are hired by the Municipality. ..l a) Before beginning a project, the project manager or delegate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. j b) I -' The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. f .... c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. J d) Before awarding a contract, contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors safety performance records. l IlIll e) .J As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. .... f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. J g) The project manager or delegate must provide the successful contractor with a workplace orientation, which will include, but not limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientation/Job Safety Instruction Checklist to be completed (see Compliance page 9). I ..i I ..,.I h) Before the start of the assignment, the following documentation will be provided to the successful contractor, by the project manager or delegate. i) ii) iii) ... Copies of the Municipal Corporate Health and Safety Program Departmental health and safety policies Workplace procedures regarding health and safety practices. I ..Ii J - SCHEDULE (C) CONTRACTOR SAFETY .. POLICY AND PROCEDURE Continued... .. .. ... .. .. ... .. .. .. .. ..., ... .. .. .. ... - i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. I) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. SCHEDULE (C) CONTRACTOR SAFETY j POLICY AND PROCEDURE Continued... J HEALTH AND SAFETY PRACTICE FORM I .. To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. , f IIlII J In order to evaluate your company's health and safety experience, please provide the accidentlincident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. 4 ~ . The New Experimental Experience Rating (NEER) - The WSIB experience rating system for non-construction rate groups i ... .............................................................................................. . The Council Amended Draft #7 (CAD-7) Rating - The WSIB experience rating system for construction rate groups j ............................................................................................. .J . Injury frequency performance for the last two years - This may be available from the contractor's trade association .J ............................................................................................. . Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). j .J .J i\ .... . Confirmation of Independent Operator Status - The WSIB independent operator number assigned: I \ .. (Bidders to include the letter confirming this status and number from WSIB with their bid submission. ) .J i .J J J J ... SCHEDULE (C) CONTRACTOR SAFETY ... POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY ... ... As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific policies and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. ... 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, .. 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 ... b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. - 2. In the performance of all matters required pursuant to this contract/tender, the contractor / successful tenderer shall, ... a) act safely and comply in all respects to the Act, and ... b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. .. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non- compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. .. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. ... 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. - 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, ... a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; .. .. - .. SCHEDULE (C) CONTRACTOR SAFETY . .Ii x .... POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and I .J .J c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. J ... j' 'l: .. ..Dql..+W.:~.....~+~f.~..lH..........................A:nar.:e.~...l0 Ct ) /0 Contractor Name of Person Signing for Contractor si~~~~...."........"."..".."........."..".........".....~ ID... /D b Date 1 J I .. I ..; ... J j ... ~ ..i .i J J J , "1 ... J ... SCHEDULE (C) CONTRACTOR SAFETY ... POLICY AND PROCEDURE Continued... .. CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) - Provide warning to the contractor to immediately discontinue the unsafe work practice described below ... Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. - FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. ... PART "A" - DETAILS OF CONTRACT - CONTRACT/P.O. # .. DESCRIPTION: ... NAME OF FIRM: ~ - PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) ... .. .. .. ... .. ... SCHEDULE (C) CONTRACTOR SAFETY I .. j i ... DATE & TIME OF INFRACTION: I ... DESCRIPTION OF INFRACTION INCLUDING LOCATION: i -' ORDER GIVEN BY MUNICIPALITY: ... ... DID THE CONTRACTOR COMPLY WITH THIS ORDER? i lIlIIII f ... DATE & TIME OF COMPLIANCE: CONTRACTOR'S EMPLOYEE TITLE J J ISSUED TO: ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE f .. PART "C" - ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. ... .... ... ! ... I ... ... ... J ... ... ... - ... ... ... ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2006-32 ... ... ... ... - ... ... - INSTRUCTIONS TO TENDERERS ... ... p: \42-80446\spees \80446- i t. doc - ... INDEX ... INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2006-32 ... CLAUSE SUBJECT PAGE .. - 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. "lJNACCEPT ABLE 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. TENDERERS TO INVESTIGATE. .... .........................................................,........................ 3 14. INQUIRIES DURING TENDERING .......................................... ....................... ............... ....3 15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR......... ..... 4 16. ADDENDA.................................................................................................................. 4 17. UTILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . 4 18. TENDER OPENING MEETING.............................................................. ..,................... ..... 4 ... .. - .. ... '.. ... ... .. .. .. ... .. ... - ... ... .. .. .. ... .. - .. .. ... - ... .. .. .. .. ... PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2006-32 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2006-32" will be received until: 2:00:00 p.m., LOCAL TIME, FRIDAY, JUNE 9, 2006 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1 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. ... INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2006-32 2. .. - 4. BONDS ... 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. .. An Agreement to Bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. ... 5. RIGHT TO ACCEPT OR REJECT TENDERS ... The Authority reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. ... Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. ... 6. UNACCEPTABLE TENDERS .. 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. ... 7. ABILITY AND EXPERIENCE OF TENDERER ... 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. ... 8. PROVINCIAL SALES TAX ... Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. ... - - - ... ... .. ... - .. .. ... .. ... ... 12. ... 13. - ... ... .. 14. ... ... - INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2006-32 3. 9. GOODS AND SERVICES TAX (GST) 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. 10. EXECUTE CONTRACT DOCUMENTS 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. 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. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.0 1.02 of the General Conditions. LOCATION The work is located north of 401, east of Maple Grove Drive on the corner of Baseline Road and Green Road, Bowmanville, Municipality of Clarington. TENDERERSTOINVESTIGATE 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. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibili ty 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. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications shall be directed to John Collver, O.A.L.A. ofTSH at 905-372-2121, ext. 235. ... INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2006-32 4. ... .. 15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR - Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". ... Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Cia ring ton". ... 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. .. 16. ADDENDA ... 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. ... 17. UTILITIES ... Plans illustrating proposals for the relocation of utilities are available for inspection at the office of the Contract Administrator. ... For additional information regarding existing utilities the Contractor may contact the following personnel: ... Enbridge Consumers: Gas Ms. Donna Naulls Tel: 416-758-7935 Bell Canada: Ms. Kim MacLellan Tel: 905-443-3061 - Veridian: Mr. Peter Petriw Tel: (888) 445-2881 ext 3252 Cable TV: Ms. Cindy Ward Tel: 905-436-4138 ... 18. 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. ... ... - ... ... ... ... ... ... ... ... ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2006-32 ... - ... ... - ... ... ... SPECIAL PROVISIONS - GENERAL ... p:\42-80446\specs\80446-spg .doc ... - ... ... INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2006-32 ... CLAUSE SUBJECT PAGE ... 1. GUARANTEED MAINTENANCE...... ............. ......... ............... ..... .......... ..... ........ 1 2. CONTRACT TIME AND LIQUIDATED DAMAGES ...............................................1 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE........................................... 2 4. OPS GENERAL CONDITIONS ..........................................................................2 5. LAYOUT BY CONTRACT ADMINISTRATOR...................................................... 3 6. PAyMENTS................................................................ ................................... 3 7. UTILITIES.................................................................................................... 4 8. DUST CONTROL. ..... ........ ................ ......... ...... ...................... .........................4 9. TRAFFIC CONTROL, FLAGGING ..................................................................... 4 10. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS........................................ 5 11. MAINTENANCE OF TRAFFIC................... ... .... ..................... ..... ...... ................ 5 12. EMERGENCY AND MAINTENANCE MEASURES ................................................6 13. ENGINEERING FIELD OFFICE........... ................... .... ...... .......... ........... ...........6 14. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .................................... 6 15. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES.. 7 16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)..........8 17. SPILLS REPORTING...................... ......................... .......... ....... ....... ...............8 18. PROTECTION OF WATER QUALITy................................................................ 9 19. GARBAGE COLLECTION... ................ ............ ...... ................ ...........................9 20. ENTRY ONTO PRIVATE PROPERTy................................................................ 9 21. STORAGE AREAS.......................... ..... ...... .................................. ...... .............9 22. GENERAL LIABILITY INSURANCE ................................................................ 10 23. CONSTRUCTION LIEN ACT .......................................................................... 10 24. PROPERTY OWNER'S RELEASE OF PRlV A TEL Y OWNED LAND USED BY THE CONTRACTOR ........................................ ............. ....................... ........................ 11 ... ... ... ... ... ... ... .. - - .. .. ... - ... ... PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 ... .. 1. GUARANTEED MAINTENANCE ... Section GC7 .15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. ... The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. .. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. .. 2. CONTRACT TIME AND LIQUIDATED DAMAGES ... (1) Time .. Time shall be the essence of this contract. .. For purposes of this Contract, GC 1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC1.06. .. (2) Progress of the Work and Contract Time .. The charging of working days shall commence on July 10'\ 2006 and the Contractor shall diligently prosecute the work on this contract to completion on or before the expiration of Sixty-five (65) working days from the date of commencement which includes time for manufacturing and delivering of railing. ... If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. ... lilt ... Working days shall be charged until the date of completion of the work as set out in the Certificate of Completion issued in accordance with GC8.02.03.06. .. ... ... SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 4' .. 2. ! .. (3) Working Day Working Day as defined in GC 1.04 is modified by the addition of the following under Paragraph (a): 1 .. Except any day from inclusive, even though the Contractor may elect to carry out any approved work as called for under this Contract during this period. 1 ... The Contract Administrator will furnish to the Contractor for his signature a weekly "Statement of Record of Working Days". The Contractor will be allowed two weeks in which to file a written protest setting forth in what respects the said weekly statement is incorrect, otherwise, the statement shall be deemed to have been accepted by the Contractor as correct. ! .. ... (4) Liquidated Damages ! ... It is agreed by the parties to the contract that in case all the work called for under the contract is not completed within the number of working days as set forth in the special provisions or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work in excess of the number of working days prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed number of working days. I -' :~ 'I ... 1 I ... The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. ..I ... 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ... Authorized representative as referenced in GC7.0 1.09 is defined as an employee of the Contractor. ... 4. OPS GENERAL CONDITIONS .i Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, September 1999. ..J ,~ .. .J ~ ~ .. ... SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 3. ... 5. LAYOUT BY CONTRACT ADMINISTRATOR .. Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: ... .. The Contract Administrator shall lay out and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. ... The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. ... .. 6. PAYMENTS ... Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. ... Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1/2 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). ... ... ... 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. ... 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. ... ... ... SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 ... 4. .. 7. UTILITIES Sections GC2.0 1 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: 1 ... The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. i I ... 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. , .. 1 ... 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. ..J .J 8. DUST CONTROL '} j ... As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. i ... Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. ...I ... The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. .. i ..I 9. TRAFFIC CONTROL, FLAGGING 1; .~ ... Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual). tIIIIi Each flagman shall, while controlling traffic, wear the following: ~ ... (i) an approved fluorescent blaze orange or fluorescent red safety vest, and f ... .J .. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 5. .. (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and ... (iii) an approved fluorescent blaze orange or fluorescent red hat. ... 10. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ... In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. ... Traffic controls shall be provided in general accordance with the latest edition of the "OTM Book 7". As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: ... ... Sign Number Sign Message Number Required TCl CONSTRUCTION 2 .. - Traffic controls shall be operational before work affecting traffic begins. ... 11. MAINTENANCE OF TRAFFIC .. The following traffic maintenance arrangements shall be in effect during work on this Contract. .. For work which is in the boulevard ofa Region of Durham road (Main Street, Reg. Road 17), a Traffic Management Plan is required as part of the Road Occupancy Permit Application which the Contractor will be responsible for. .. It is the intention of the Contract that every reasonable effort shall be made to provide vehicular and pedestrian access to homes and other properties adjacent to the limits of work operations throughout each working day. No road closures are anticipated as a result of the proposed works. .. 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. ... ... - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 j j ... 6. .J The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services ofroad closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. j ,~ ... I ... 12. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. .J j ... J It shall be the responsibility of the Contractor to ensure that erosion and sedimentation control measures within the limits of the Contract are in place and fully operational to the satisfaction of the Contract Administrator, should the onset of severe inclement weather be forecast. .J Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. , j .. J I ... 13. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. I ... J 14. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: 1 ... .1 Section 180.03, Definitions, shall be amended by the addition of the following: i l .. Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. l ... .2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the addition of the following: ... Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. j . .. J ... SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 7. ... ... The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800, OPSF 180 I, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of excess material. - 15. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES .. In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. ... 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 ... ... .. ... ... ... ... ... 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 lAS, 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. .. ... - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 .... 8. ... In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. -- 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. , .. The requirements of Section GC4.03 of the General Conditions of the Contract shall apply. I .... 16. WORKPLACE HAZARDOUS MA TERIAL INFORMATION SYSTEM (WHMIS) Reporting 1 .. Section GC4.03.06 is deleted and replaced with the following: IIllIi Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labeled. .. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. .J 17. SPILLS REPORTING .J Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. .J ... All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. I """ I lIlIIi This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. .. j I .. J lIIIIi .I ... SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 9. ... 18. PROTECTION OF WATER QUALITY .. At all times, the Contractor shall maintain existing stream flows and shall control all construction work so as not to allow sediment or other deleterious materials to enter the lake. ... No waste or surplus organic material including topsoil is to be stored or disposed of within 30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required. ... ... If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. ... No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any watercourse shall be limited to the minimum required for construction. ... .. The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits. 19. GARBAGE COLLECTION ... ... The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. ... 20. ENTRY ONTO PRIVATE PROPERTY ... The Contractor shall not enter private property or property which is to be acquired to construct the works without the prior consent of the Contract Administrator. This requirement will be strictly enforced. ... 21. STORAGE AREAS ... Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the following: - ... The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. ... - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 ... 10. ... 22. GENERAL LIABILITY INSURANCE The Regional Municipality of Durham, shall be added as an additional insured. ~ 23. CONSTRUCTION LIEN ACT ... 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. j ij .. 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. 1 J .J 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. .J J ... 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. .~ ... ... ! ..i ..i j ... ..i I ..... , ..... .. ... SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2006-32 11. ... 24. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR .. ... Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: .. Date............ ....... .... .., To: Mr. A.S. Cannella, Director, Engineering Services Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario. LIC 3A6 ... Re: Contract No. CL2006-32 '... Dear Sir: .. I hereby certify that ... (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release .. (Name of Contractor) .. and the Corporation of the Municipality of Clarington from further obligations. (Name of Municipality/Owner) Yours very truly, .. .. Signature - Property Owner's Name... ..... ......... ......... ..Lot.. ....Concession.......... ... Municipality of ........................................ (Please complete above in printing) .. Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. - - L L L 1 L L L l L L l L l L L l l L l CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2006-32 SPECIAL PROVISIONS - TENDER ITEMS P/42-80446/Specs/80446-SP- TI.doc L l L l L L L L L l l L ~ L L l PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 SECTION A - SITE WORKS: SITE PREPARATION - ITEM NO.1 Under this Item the Contractor shall undertake the following work as shown on the Contract Drawings: · Clearing and grubbing of existing vegetation to be removed · Relocation of newly planted trees as required to allow for new path and grading work (see Contract Drawings for locations) · Excavation for all hard surface material · Removal of excess earth excavation, organic materials from the screening process and waste from the clearing and grubbing operations The Contractor shall also remove all obstacles of the nature of fences, culverts, rubble, timber etc., not specifically provided for under items of this Tender. All material resulting from removals shall be disposed of off the site. The Contractor shall ensure that no tree or vegetation removal occurs beyond the limits shown on the Contract Drawings. All other trees and vegetation shall be preserved and the Contractor shall be required to obtain prior specific permission from the Contract Administrator for the removal/cutting of any tree or branches not so designated. Trees and vegetation, which are authorized by the Contract AdmiIiistrator to be cut with stumps ground down, shall be removed from the site. Burying or burning of brush or w~ shall not be permitted. When not in use the construction equipment shall not be stored on private lands beyond the limits of the construction or where it may be of annoyance to the public. It should be stored in a safe location at the work site. The Contractor shall also be responsible for protecting all utilities, fences and private property at the job site during the time of construction. Equipment shall not pass over or be stored within the dip line at any vegetation to be retained. Contractor to reference Clause 14 of the Special Provisions - General regarding the requirements for the management and disposal of excess materials. Promptly notify engineer if subsurface conditions at Place of Work differ materially from those indicated in Contract Documents, or a reasonable assumption of probable conditions based thereon. EARTH EXCAVATION (GRADING) - ITEM NO.2 . L l l These Items shall include all rough grading, excavation, fill, disposal of unsuitable excavated material, and stockpiling of stripped topsoil within the site except as specifically provided for elsewhere in the Contract and as specified below: SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 2 fJ ." J:..< >. t J j \t I J , , J J J I J I I I I Quantity Breakdown: 5,210 m3 · Excavation · Fill 5,210 m3 Before commencing work, conduct, with Contract Administrator, condition survey of existing structures, trees and other plants, lawns, fencing, service poles, wires, paving, survey bench marks and monuments which may be affected by work. Prior to the topsoil stripping operations of the areas indicated on the Contract Drawings, the areas shall be plowed, cultivated and raked to break up organics into smaller fragments and remove all larger sized extraneous debris. Remove topsoil before any construction procedures excepting clearing and grubbing commence to avoid compaction of topsoil and ensure a sufficient quantity is available for the proposed topsoil works. Handle topsoil only when it is dry and warm. Strip topsoil to depths as indicated on Contract Drawings. A void mixing topsoil with subsoil. Pile topsoil in stockpile area shown on the Contract Drawings. Stockpile height not to exceed 2.5-3m. Protect stockpiles from contamination and compaction. Location of stockpiles is subject to change based on the Contractor's discretion with the approval of the Contract Administrator. Earth quantities shall be used for fill within the perimeter of the field and the central viewing area, in the locale of buildings and under walkways. Should there be excess earth fill and/ or topsoil after the aforementioned areas are completed, it may be used in external area and berms along with quantities of stripped material as necessary. Verify existing grades prior to excavation works and report any discrepancies to the Contract Administrator at that time. No allowance for additional quantities will be considered after excavation has commenced. Remove construction debris, organic soil and standing water from spaces to be filled as depicted on the Contract Drawings. Do not begin backfilling or filling operations until material has been approved for use by Contract Administrator. Not later than 48 hours before backfilling or filling with approved material, notify Contract Administrator so that compaction tests can be carried out. Excavate as required to carry out work. Do not disturb soil or rock below bearing surfaces. Notify Contract Administrator when rough grading is complete. Excavation taken below depths shown without Contract Administrator's written authorization to be filled with compacted Granular 'B' - Type 1 material at Contractor's expense. Place backfill, fill and base course material so that each layer of uncompacted material produces a 200 mm thick compacted layer. 'l -- L L l " L L l L L l l l l L l L L L L SPECIAL PROVISIONS - TENDER ITEMS CONTRACTNO.CL2006-n 3 Compact each layer of material to following densities for material to the following corrected maximum dry densities: . Sub-grade: 95 % . . Granular Base courses: 98%. . Topsoil: 85%. . Earth Fill: 95%. Under slabs and paving: . Sub-grade: 95 % . Granular Base course: 100% Grade so that water will drain away from structures, walls and paved areas, to catch basins and other disposal areas approved by the Contract Administrator. Grade to be gradual between finished spot elevations shown on drawings. Excavated or graded material existing on site shall be used as fill for grading work except where specifically noted otherwise. Rough grade to levels, profiles, and contours allowing for surface treatment as indicated in contract documents. Dispose of excess material in accordance with the requirements of the SP-General, Clause 14. Grade ditches to depth required as indicated on the drawings. Do not disturb soil within dripline of trees to remain. Grade surface free of humps and hollows to smooth, even grade, to contours and elevations indicated to tolerance of plus or minus 15 mm, surface draining naturally. SILT FENCE - ITEM NO.3 For the unit price bid, the Contractor shall supply, install, maintain and remove silt fence in locations as shown on the Contract Drawings and as directed by the Contract Administrator throughout the project limits. The light duty silt fence is to be constructed prior to commencement of the contract as per OPSD 219.110. SECTION B - SITE SERVICES IRRIGATION - ITEM NO.4 Under this item and for the lump sum bid, the Contractor shall install the irrigation system in accordance with the Contract Drawings and as specified herein. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 4 Sprinkler lines shown on the drawings are diagrammatic. Locations of all sprinkler heads, valves, piping, etc. shall be established by the Contractor at the time of construction and shall be placed to eliminate or avoid any conflict with sub-surface drainage lines and components. Determine available water pressure and water volume at point of connection prior to commencement of installation, The irrigation system shown on the irrigation plan may be adjusted to suit site or mechanical conditions but must be pre-approved by the Contract Administrator in writing. All heads, valves and controllers must be sourced from a single manufacturer. All local regulations relating to any portion of this work are hereby incorporated into these specifIcations and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above mentioned regulations, and where a conflict may occur the regulations of the governing code shall be adhered to, Any permit required for the construction of this work shall be obtained and paid for by the Contractor. Any inspection costs relating to the permit shall also be paid for by the Contractor. Products: · All pipe to be Class 160 PVC conforming to CSA B137.3. · Use only pipe which is continuously marked with identification of the manufacturer, type, class and size. · All fittings to be PVC Schedule 40 or ductile iron gasketted where specified. · Swing joints to be Lasco unitized swing joints on medium range rotors and Dura Quick Loc swing joints on quick coupling valves. · Control Wire from valves to controller to be 14 gauge TWU-40. For runs 500 feet or less 18 gauge may be used. · Tracer wire to be 14 gauge TWU-40, · All wire splicing shall be 3M DBY. · Electric valves-plastic shall be Solenoid valves actuated by 24 V AC normally closed solenoid Toro models P220-26-06 (1-1/2") and P220-26-08 (2") or approved equivalent. · Sprinklers to be S2001 by Toro, #6 Nozzle · Quick coupling valves shall be Bronze I" FIPT one-piece units with corresponding single lug key 1" FIPT and 1-1/4" MIPT outlet. · Valve boxes shall be High impact plastic with locking tops, dark green colour. Staking of sprinkler, pipe and valve locations shall be completed by the Contractor and approved by the Contract Administrator prior to installation, ] I I J I , j J j 1 "..... r . I ~, I I I I I i L L l L- L l l L L l l l L L l L l l l SPECIAL PROVISIONS - TENDER ITEMS CONTRACTNO.CL2~n 5 Install all pipe in accordance with manufacturer's instructions and proceed from the point of connection of water supply. Plastic pipe shall be installed in a manner as to provide for expansion and contraction as recommended by the manufacturer. Thoroughly flush all lines prior to installation of any valves or sprinkler heads. Pipes must be trenched. Minimum depths for mainline is 6OOmm, for lateral lines 450mm. Snake pipe from side to side of trench to allow for expansion and contraction. Tracer wire to be run along entire main line and taped every 20-ft. to PVC piping. Install all control valves in a neat and orderly fashion beside the mainline. Install all automatic valves and controller following the recommendations of the manufacturer. Obtain approval for location of controllers from the Client prior to installation, Install valve boxes so that their tops are at finished grade. Install boxes over base of gravel to allow proper drainage. Install quick coupling valves on swing joints relative to grade and cover with valve box. Install all pop-up sprinklers on swing joints relative to grade as per manufacturer's recommendations. Install 3" temporary valve hookup on mainline as indicated for fire hose feed. Install gasketted ductile iron 4" tee where mainline splits to feed soccer fields and baseball diamonds. Cap line to soccer fields. Backfill and compact around pipe, heads and valves in 150mm lifts. Install booster pump according to manufacturer's recommendations. Upon completion of installation, inspect mainline for leaks and blockages. Carry out a pressure test of the entire mainline system at full pressure plus 100% for a 3-hour duration. During this time pressure shall not drop more than 10% of total initial pressure. Balance and adjust the various components of the sprinkler system so that the overall operation of the system is most efficient. This includes adjustment of part circle sprinkler heads and individual adjustments on the controller. The Contractor shall remove all water from the system prior to freeze up and shall complete this winterizing operation the first year as part of his initial construction contract. Acceptance will be given once the system has been fully tested and adjusted. Acceptance is also based on the furnishing by the Contractor of: 1, A completed "as-built" plan which is approved by the Contract Administrator. 2. Manufacturer's guarantees and product specifications - Two copies in binder. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 6 I I J ~~ I , j .~ , . I J I I t: I I I I Contractor is also responsible for briefing maintenance personnel in.the proper operation and maintenance of the system. SUBDRAINS - ITEMS NO.5 and 6 The unit price bid under this item shall include for the supply and installation of EZ Flow l00IP by EZflow Canada, tel. 1-866-303-5692, and 150mm Big "0" HPDE Collection Pipe by Armtec or approved equal. Payment shall also be made under this item for supply, placing, and compaction of Granular 'B' bedding and backfill for all subdrains, Excavation, where required, shall be included under payment for this item. Connection to collector pipes, catchbasins/manholes shall be included in the bid price. Pipe material to be manufactured in accordance with the requirements of OPSS 1840. Contractor shall indicate the location of subdrains, using flags, in order to avoid subdrains being damaged during the installation of the other park equipment and fencing. If drains are damaged the Contractor shall reinstall section of damaged drain at his own expense, to the Contract Administrator's satisfaction. STORM SEWERS - ITEMS NO.7 and 8 Under these Items and for the unit prices bid, the Contractor shall supply all materials including pipe of the required type, size and class, other fittings, sand material for cover and crusher run limestone embedment for flexible pipe. Backfill shall be native earth material. Also included is the excavation (OPSD 802.010), embedment, cover and native earth backfill. Pipe for Item 7 HDPE BOSS 2000 (Big "0") as supplied by Armtec or approved equal. The pipe shall be annular perforated with geotextile sock filter. Connections shall be by split couplings. LAWN DRAINS - ITEM NO.9 The unit price bid under this item shall include for the supply and installation of 600mm Nyloplast-ADS drain with 600mm lock down hinged gate (Part #2401Dl) by Advanced Drainage Systems Inc. (ADS), 1-800-821-6710. HEADW ALL ASSEMBLY - ITEM NO. 10 The unit price bid under this item shall include for the supply and installation of plastic end section (Part #1210NP) with all associated hardware installed by ADS, tel. 1-800-821-6710 or approved equal DITCH INLET MAINTENANCE HOLES (Storm Sewer only) - ITEM NO. 11 Under this Item the DIMH's shall be constructed with a minimum thickness of 300 mm of Granular 'B' all around, including the floor slab. The unit price includes for excavation and backfill necessary to complete the work. DIMH's to be Type C-I02/ OPSD 706.101 Type B. Ditch inlet grates to be placed at 3: 1 slope. <~ L L L l L L L t l L L L l L l L l l l SPECIAL PROVISIONS - TENDER ITEMS. CONTRACT NO. CL2006-32 7 SECTION C - SITE FEATURES SUPPLY AND INSTALLATION OF PLAYER'S BENCHES - ITEM NO. 12 The unit price for this Item shall include the supply and installation of the players benches and concrete filled sono tube footings in accordance with the Contract Drawings and specified herein. Benches shall be Model Number SG339, permanent bench with backrest, 4.5m (15') in length as manufactured by Henderson Recreational Equipment Limited (519) 863-2584 or approved equal. Benches to be installed side by side so that no space is left between benches. Contractor to ensure that adjacent benches are inline, level, plumb and of equal height. Backrest and seat to be plastisol coated, frames to be powder coated steel. Two (2) benches on each side for a total of four (4) benches. Benches in home team dugout (left field) side, for each diamond, to be painted blue for a total of two (2) blue benches, and benches for the opposing team dugouts (right field) to be painted black for a total of (2) black benches. Payment shall be full compensation for all equipment labour and materials required to do the work. SUPPLY AND INSTALLATION OF GOAL POSTS - ITEM NO. 13 The unit price for this Item shall include the supply and installation of goal posts in accordance with the Contract Drawings and as specified herein. I Pair of Football Goal Posts, College and CDN size with 72" offset (White Powder Coat finish, 30' x 18'-6" x 6' offset), Part No. FB-l000cDN-PC-72, c/w protective padding for posts, by SCOREMASTER, 2074 Henry Avenue, Sidney B.C., V8L 3S6, Tel. 1-888-726-7627. SUPPLY AND INSTALLATION OF PERMANENT LINE MARKINGS - ITEM NO. 14 The lump sum price for this work shall include the supply and installation of PermaLine field line marking system as per Manufacturer's specifications (PermaLine, 3 Labelle Blvd., Ste-Therese, Que., tel. 1-888-317-6223), as per layout shown on Contract Drawings. GRANULAR 'A' - ITEM NO. IS Payment shall be made under this Item for the supply, placing and compaction of Granular 'A' for the following areas: . 150mm Gravel Drive Surface . 200mm under HL3F asphalt pathways All excavation and grading work of sub-grade must be completed to the satisfaction of the contract administrator before any granular materials for sub-base course are placed. The Contract Administrator shall inspect and approve final grades of granular areas prior to final course material being placed. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 8 /.1" ~', , I J J" .-': J I j t J ) :, J J :J . J - 1 ,7 '4 ]" .:.\ HOT MIX HL-3F - ITEM NO. 16 Under this item the contractor shall construct asphalt pathways as illustrated on the Contract Drawings and as required by the Contract Administrator. Granular' A' for asphalt pathways shall be paid for under Item No. 49. The Contractor shall supply all materials required for the proper execution of the paving work for 50mm HL3F. The requirements of OPSS 310 respecting a surface course trial area and the use of automatic screed controls are not applicable to the Contract. Asphalt cement supplied shall be comprised of PGAC 58-28 as a minimum. The Marshall Stability for HL3F shall be a minimum of 5800. Section 310.10.02 of OPSS 310, Hot Mix Miscellaneous, is hereby deleted, in that all costs associated with the supply and placing of miscellaneous asphalt, whether by hand or by machine, shall be included for payment under this Item. SECTION D - SOD AND SEED TOPSOIL (STOCKPILED) & FINE GRADING - ITEMS NO. 17&18 Under this item and for the unit price bid the Contractor shall shred and screen, fertilize, augment, install and fine grade the stockpiled topsoil in accordance with the Contract Drawings and as specified herein. Topsoil to be screened and shredded shall have all organic material and all granular material greater than 25 mm diameter removed. All topsoil shall be placed in uniform layers, and compacted to 85 % SPMDD on all areas to be seeded, sodded and planted. Fine grading and trimming shall be performed to provide a smooth surface. Depth shall be as indicated on Contract Drawings. Establish traffic patterns and schedule to prevent driving on topsoil after it is spread to avoid over- compaction. Over-compaction will result in further works being initiated by the Contract Administrator to re-aerate the soil, at the Contractor's expense. The Contract price for topsoil shall constitute full compensation for shredding of the soil, delivery, preparation of surfaces for placing, compacting, loading, hauling, spreading and fine grading the material required. Topsoil required to make good areas disturbed by the Contractor's operation outside the liInits shown on the Drawings shall be done at Contractor's expense. Contractor shall grade sub-grade, eliminating uneven areas and low spots, ensuring positive drainage. Remove debris, roots, branches, stones in excess of 25 mm diameter and other deleterious materials. Remove topsoil that has been contaminated with oil, gasoline, or calcium chloride. Dispose of removed materials as directed. The sub:'grade shall be approved by the Contract Administrator prior to spreading of topsoil, l L l l- L L l l L L L ( l L L l l l L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 9 All topsoil shall be spread and finely graded with a landscaping dozer to ensure that topsoil is not compacted greater than that specified, Spread topsoil in dry weather over a dry, unfrozen sub-grade. Ensure that ditches and swales are properly graded with adequate percentage fall to maintain the specified drainage. Fine grade the topsoil surface to eliminate rough and low areas and so as to ensure positive surface drainage, using equipment capable of maintaining straight, even lines, such as a motor grader. Fine grade surface of topsoil to a smooth, even, loose-textured surface, firm against footprints, suitable for sodding and seeding, Roll topsoil with 59kg roller, minimum 900 mm wide, to compact and retain surface. When replacing topsoil, trucks will be loaded with 1.5 cu m hoe to allow for aeration of soil. Subsequent to placement of the sports fields and perimeter areas, topsoil quantities will be augmented by fertilizer applications as follows: Prior to the loosening process, add TSP 0-46-0 fertilizer at a rate of 6OOkg/ha and a Muriate of Potash 0- 0-60 fertilizer at a rate of 16Okg/ha. Fertilizer shall not include filler material. This fertilized topsoil is not for use in the tree and shrub plantings. Prior to seeding and sodding, loosen soil to a depth of 20cm with a heavy duty rototiller or deep tillage machine. After this loosening operation, ensure only light equipment on a tractor with turf tires should be used for final shaping of the surface and seeding or sodding. Measurement for payment will be by the square metre of topsoil installed, Compacted topsoil depth shall be minimum 300 mm. Payment shall be full compensation for all equipment, labour and materials required to do the work. SUPPLY AND INSTALLATION OF SOD - ITEM NO. 19 Under this Item, the Contractor shall supply and install sod in accordance with the Contract Drawings and as specified herein. Disturbed areas are to be kept to a minimum. All disturbed areas are to be reinstated with 300mm topsoil and sod, to be paid for under this Item unless covered elsewhere in the Contract. Sodding shall not commence until topsoil is approved by the Contract Administrator. Sod shall be Number One Turfgrass Nursery Sod especially sown and cultivated in nursery fields as turfgrass crop. Number One Kentucky Bluegrass Sod containing 100% Kentucky Bluegrass cultivars by weight. Use sod harvested as "big" rolls, 42"Sod selected should be of a similar soil texture to the native soil (silt loam). Sod farm to confirm soil compatibility prior to execution. Schedule deliveries in order to keep storage at job site to minimum without causing delays. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 10 Sod shall be protected during transportation to prevent drying out and shall arrive at the site in a fresh and healthy condition. Deliver, unload, and store sod on pallets. Lay sod within 24 hours of being lifted. Do not deliver small, irregular, or broken pieces of sod, Sod is to be laid in a continuous fashion. No isolated areas of sod, which are to be integrated with main portion of sod will be accepted. During wet weather, allow sod to dry sufficiently to prevent tearing during lifting and handling. During dry weather, protect sod from drying out and water sod as necessary to ensure its vitality and prevent dropping of sod in handling. Dry sod will be rejected. Cultivate areas to be sodded to a depth of 25mm. Fine grade free of humps and hollows and free of deleterious and refuse material, Lay sod in rows, perpendicular to slope, smooth, and even with adjoining areas, and with joints staggered. Butt sections closely without overlapping gaps between sections. Cut out irregular or thin sections with a sharp knife. Provide close contact between sod and SQil by means of light roller. Heavy rolling to correct irregularities in grade is not permitted, Water immediately after sod laying to obtain moisture penetration through sod into top lOOmm of topsoil. One month after installation, the sod shall be green and succulent and show evidence of rooting into the underlying soil. Any area of sod which fails to meet these requirements shall be replaced by the Contractor. Any area of sod which appears to be brown and not rooted must be replaced by the Contractor immediately. The Contractor will not be held responsible for the condition of sod if damage occurs beyond normal use. A professional landscaper with membership in Landscape Ontario acceptable to the Contract Administrator shall be required to place seed and fertilizer and be responsible for all maintenance as required during the guarantee period. The unit price for sodding shall constitute full compensation for supplying, hauling and placing sod; watering and fertilizer application as specified; and for all labour , equipment and materials necessary to complete the work. The unit price will include the initial two mowings of the grass. SUPPLY AND INSTALLATION OF SEED - ITEM NO. 20 Under this Item and for the unit price bid, the Contractor shall supply the labour, materials and equipment to complete the seeding as shown on the Contract Drawings and specified herein. Seeding shall only be applied during mid-August to September time period. Seeding after October 1 should be delayed until the following spring. A professional landscaper with membership in Landscape Ontario acceptable to the Contract Administrator shall be required to place seed and fertilizer and be responsible for all maintenance as required during the guarantee period, The location for the area to be seeded is indicated on the drawings and specified as follows: I ,(.. \\ J J I I t I j 1 ~I J "I....'... > l l l l l l L L L l L l L L l l l l L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 11 Canada "Certified" Prill-on coated seed, "Canada No. 1 Lawn Grass Mixture" in accordance with Government of Canada "Seeds Act" and "Seeds Regulations" containing the following seed mix design. Grass Seed Mixture (named varieties for Kentucky Blue Grass) 20 % Kentucky Bluegrass 15% Perennial Ryegrass, high in endophyte value, equivalent to Player, Topgun, Palmer III 25 % Hard Fescue, equivalent to Spartan 40% Creeping Red Fescue In packages individually labelled in accordance with "Seeds Regulations" and indicating name of supplier. Submit seed mixture varieties, cultivars and name of supplier for Contract Administrator's approval prior to supply. Provide water free of impurities that would inhibit germination and growth. Provide fertilizer in accordance with Canada Fertilizers Act and Fertilizers Regulations. Do not perform work under adverse field conditions as determined by Contract Administrator. Use equipment and method acceptable to Contract Administrator. Use a cultipacker seeder, such as the "Brillion" type mechanical landscape seeder, which accurately places seed at specified depth and rate and rolls in single operation. Sow seed uniformly at rate of: 125kgl hectare. Blend applications 150mm into adjacent grass areas and previous application areas to form uniform surfaces. Sow half of required amount of seed in one direction and remainder at a 45 degree angle as applicable. Water seeded areas thoroughly within 24 hours of planting. Soil surface should be kept damp at all times until the grass seedlings are fully emerged. This will require watering every few hours on clear days, particularly during mid day when the sun is strong. During seed establishment apply an application of a 50% SCU and 50% urea fertilizer with an analysis ratio of 40-0-0 at a rate of 1.0 kg per 100m2. This application should be repeated Nov. 1-15, June 1-15, and Aug.I-15 following application. Fertilizer shall not contain filler material. Perform following operations from time of seed application until acceptance by Contract Administrator: 1. Water seeded area to maintain optimum soil moisture level for germination and continued growth of grass. Control watering to prevent washouts and repair washouts caused by rain or irrigation. 2. Repair .and reseed dead or bare spots to allow establishment of seed prior to acceptance. 3. Cut grass with a reel type mower to 50mm whenever it reaches height of 70mm. Remove any clippings, which will smother grass as directed by Contract Administrator. 4. Fertilize seeded areas after first cutting in accordance with fertilizing program. Spread half of required amount of fertilizer in one direction and remainder at right angles and water in well. 5. Control weeds by mechanical or chemical means utilizing acceptable integrated pest management practices. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 12 ]........1..... . '. I ~ Ii.." c I I 1 I I a I I I I I j I I J Areas seeded in spring will be accepted in the following fall provided the' following acceptance conditions are fulfilled: 1. Areas are uniformly established and turf is free of rutted, eroded; bare or dead spots and free of weeds. 2. Areas have been cut at least twice. The Contractor is responsible for the first two cuttings and the fertilization program. The Owner may perform maintenance (cutting, watering and fertilizing) operations during the warranty period unless the Contractor, at his option, decides to carry out the maintenance works. Maintenance operations carried out by the Owner will be agreed to by the Contractor and will not be cause for relieving the Contractor of any expense necessary to repair damaged areas, regardless of cause. SECTION E - ELECTRICAL Refer to Electrical Specification Section for Tender Items 20 and 21. . SECTION F - PROVISIONAL ITEMS SUPPLY AND INSTALLATION OF to-TIER ALUMINUM BLEACHERS - ITEM NO. 22 The unit price for this Item shall include the supply and installation of lO-tier bleachers in accordance with the Contract Drawings and as specified herein. Bleachers shall be 4 sets of lO-tier seating, 36' long x 19'-6" deep c/w 19" wide foot rest and 9-112" seats (seat 6063T5 alloyed), c/w railing (aluminum extrusion) and frame (galvanized steel) by Laurentian Industries, 15 Melanie Drive, Brampton, Ontario L6T 4K8, Tel. 1-800-354-0071 or approved equal. Price shall include holes drilled in concrete and lagging frame to concrete surface. Holes to be drilled in steel frame by Laurentian Industries. Payment shall be full compensation for all equipment, labour and materials required to do the work. SUPPLY AND INSTALLATION OF SCOREBOARD - ITEM NO. 23 Lump sum bid for the scoreboard to include compensation for all labour , materials, permits, etc. as required to construct items as detailed on Contract Drawings and as specified herein. LED Scoreboard to be Model No. FB 8114-2, c/w MP50 control, Wireless Data Transmission package and ACI Rechargeable Battery Pack, c/w 2 signs Model No. FD01424 (full depth outdoor 14'x24") with four colour graphics (1 sign double-sided) by Scoreboard Plus, #515-304 Stone Road West, Guelph, Ontario NIG 4W4, Tel. 1-800-755-0230 l L l l L l L l L L l L L L l L L L t SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 13 SUPPLY AND INSTALLATION OF RETAINING WALL - ITEM NO. 24&25 The unit price for this Item shall include the furnishing and installing of concrete retaining wall units, Monument Retaining Series, split limestone face, colour: natural, by Redi-Rock (contact Miller Redi- Rock, 287 Ram Forest Road, Gormley, Ontario LOH IGO, 1-877-810-0897) OR APPROVED EQUAL to the lines and grades designated on the construction drawings and as specified herein. Reference Standards ASTM A615 Deformed and Plain Billet-Steel Bars for Concrete Reinforcement ASTM C94 Ready-Mixed Concrete ASTM C1372 Segmental Retaining Wall Units Delivery, Storage, and Handling A. Contractor shall check the materials upon delivery to assure proper material has been received. B. Contractor shall prevent excessive mud, wet cement and like materials from coming in contact with the SRW units. C. Contractor shall protect the materials from damage. Damaged material shall not be incorporated in the project. Materials: Wall Units A. Wall units shall be Redi-Rock™ as produced by a licensed manufacturer. B. Wall units shall be made with Ready-Mixed concrete in accordance with ASTM C94, latest d th~ll h revlSlon, an per e 0 owmg cart: 28 Day Climate Air Content Strength PSI Slump* Negligible Ilh %-4lh % 3000 5" + 1- 1 112" Moderate 3%-6% 3000 5" + 1- 1 112" Severe 41fz%-71Jz% 3000 5" + 1- 1 112" NOTE: For critical walls, steps, and pavers, use a minimum of 4000 PSI mix designs with frost-free aggregate. *Higher slumps are allowed if achieved by use of appropriate admixtures. Notwithstanding anything stated above, all material used in the wall units, steps, and pavers must meet applicable ASTM and local requirements for exterior concrete. C. Exterior block dimensions shall be uniform and consistent. Maximum dimensional deviations shall be 0.50 inch or 2%, whichever is less, excluding the architectural surface. Maximum width (face to back) deviation including the architectural surface shall be 1.0 inch. D. Exposed face shall be finished as specified. Other surfaces to be smooth form type. Dime-size bug SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 14 holes on the block face may be patched and/or shake-on color stain can be used to blend into the remainder of the block face. Levelling Pad and Free Draining Backfill A.Option 1: Washed Stone: See detail sheet defining Levelling Pad options for drain placement in the bottom of the foundation levelling pad. Option 2: Compacted Gravel: See detail sheet defining Levelling Pad options for drain placement above foundation levelling pad. B. Free Draining Backfill material shall be granular, well draining sand or stone and shall be placed to a minimum of l' width behind the back of the wall and shall extend vertically from the Levelling Pad to an elevation 4" below the top of wall. C. Backfill material shall be approved by the geotechnical engineer. Site excavated soils may be used if approved unless otherwise specified in the drawings. Unsuitable soils with a PI > 6, organic soils and frost susceptible soils) shall not be used within a 1 to 1 influence area. D. Non-woven geotextile cloth shall be placed between the Free Draining Backfill and retained soil if required. E. Where additional fill is needed, contractor shall submit sample and specifications to the Engineer for approval. Drainage A. Internal and external drainage shallbe evaluated by the Professional Engineer who is responsible for the final wall design. Geogrid A. Reinforcing bar used in the Geo-Grid connection shall be 112" diameter MMFX 2 corrosion resistant deformed reinforcing bar as manufactured by MMFX Steel Corporation of America, Charlotte, NC (866-752-9155). Corrosion resistant uncoated steel shall be low carbon, chromium bar with a minimum of8.5% by weight chromium meeting all requirements of ASTM A615 Grade 75. Construction of Wall System: Excavation A. Contractor shall excavate to the lines and grades shown on the construction drawings. Foundation Soil Preparation A. Native foundation soil shall be compacted to 95% of standard proctor or 90% of modified proctor prior to placement of the Levelling Pad material. B. In-situ foundation soil shall be examined by the Engineer to ensure that the actual foundation soil strength meets or exceeds assumed design strength. Soil not meeting the required strength shall be removed and replaced with acceptable, compacted material. Leveling Pad Placement A. Levelling Pad shall be placed as shown on the construction drawings. B. Leveling Pad shall be placed on undisturbed native soils or suitable replacements fills. :1 3./ . J I l.,." I 1 j J I' .~.. I I I ! ) I I I ) I L l l L L l L l L L l l L l L L L l l SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2006-32 15 C. Levelling Pad shall be compacted to 95 % of standard proctor or 90 % of modified proctor to ensure a level, hard surface on which to place the first course blocks. Pad shall be constructed to the proper elevation to ensure the final elevation shown on the plans. Well-graded sand may be used to smooth the top Ih inch on the Levelling Pad (when using gravel pad). D. Levelling Pad shall have a 6 inch minimum depth for walls under 8 feet in height and a 12 inch minimum depth for walls over 8 feet. Pad dimensions shall extend beyond the blocks in all directions to a distance at least equal to the depth of the pad or as designed by engineer. E. For steps and pavers, a minimum of 1" - 1 1fz" of free draining sand shall be screened smooth to act as a placement bed for the steps or pavers. Unit Installation A. The first course of wall units shall be placed on the prepared Levelling Pad with the aesthetic surface facing out and the front edges tight together. All units shall be checked for level and alignment as they are placed. B. Ensure that units are in full contact with Leveling Pad. Proper care shall be taken to develop straight lines and smooth curves on base course as per wall layout. C. The backfill in front and back of entire base row shall be placed and compacted to firmly lock them in place. Check all units again for level and alignment. All excess material shall be swept from top of units. D. Install next course of wall units on top of base row. Position blocks to be offset from seams of blocks below. Blocks shall be placed fully forward so knob and groove are engaged. Check each block for proper alignment and level. Backfill to 12 inch width behind block with Free Draining Backfill. Spread backfill in uniform lifts not exceeding 8 inches. Employ methods using lightweight compaction equipment that will not disrupt the stability or batter of the wall. Hand- operated plate compaction equipment shall be used around the block and within 3 feet of the wall to achieve consolidation. Compact backfill to 95 % of standard proctor (ASTM D 698, AASHTO T - 99) density within 2 % of its optimum moisture content. E. Install each subsequent course in like manner. Repeat procedure to the extent of wall height. F. Allowable construction tolerance at the wall face is 2 degrees vertically and 1 inch in 10 feet horizontally. G. All walls shall be installed in accordance with local building codes and requirements. Geogrid Installation See Wall Installation detail. Handrail Installation As per contract drawings and OPSD 980.101. TSH PROJECT NO. 42-80446 :i j J J; Ii T ), -I , I J I J J ,I I I . I I J 1 1.1 1.2 1.3 1.4 1.5 GENERAL ELECTRICAL REQUIREMENTS Section 16010 Page 1 GENERAL REQUIREMENTS GENERAL .1 All conditions of the Contract apply to the work of this Section. RELATED WORK .1 Provide all labour, tools, services and installation of all products for instrumentation in accordance with the Specifications. PERMITS AND ALLOWANCES .1 Comply with the Ontario electrical safety code, most recent edition and the codes and regulations of all governing authorities having jurisdiction over the work. .2 Arrange all inspections of drawings, equipment, materials and installation of work, and pay for all permits, inspection fees, certificates, etc. connected therewith. .3 Provide, in a timely manner, a copy of all applicable comments made by authorities having jurisdiction. .4 Deliver final certificates to the consultant upon the completion of the project. VISIT SITE .1 Visit and examine the site. Review the drawings of other trades. No compensation will be considered for difficulties arising from failure to do so. EQUIVALENT .1 Should a bidder wish to propose alternates for the items included in the Tender amount, a separate list of such alternates and the cost changes to the aforesaid Tender amount shall be submitted for the Consultant's consideration. This list must be submitted with the tender, and alternates will be considered after the close of tendering time only if specified items are restricted with respect to availability. l l l L L l L l L L L l L L l l l t l TSH PROJECf NO. 42-80446 1.6 1.7 GENERAL ELECTRICAL REQUIREMENTS Section 16010 Page 2 .2 With this list of equivalents, submit manufacturer's name, catalogue numbers, and sufficient details to enable the Consultant to properly evaluate the proposal. Equivalents submitted without this information will not be considered. This section shall assume full responsibility for all additional subsequent installation, equipment and related costs to the entire system which may result from the acceptance of an alternative piece of equipment or system. .3 Equivalents shall only be included in the Agreement upon written authority of the Consultant and the Tender amount shall be adjusted in accordance with the cost changes in the submitted alternative list. REGULATIONS .1 Comply with the latest Ontario Building Code and amendments and the requirements of the Municipal Building Department. .2 Comply with the latest regulations of the electrical safety codes and the requirements of the local Ontario Electric Safety Authority inspection department, the requirements of the local hydro commission, the recommended standards of the Canadian Standards Association, the Ontario Ministry of Labour, the Occupational Health and Safety Act, Provincial and Federal governments or any other authority having jurisdiction. SCOPE .1 Generally, the work includes, in the time frame set out or implied, the provision of a complete, interfaced, reliable, continuous operating electrical systems shown, implied, described or required, including but not limited to all labour; equipment; confirmations, co- ordination of equipment; interim set-up and operation, spare parts; fees; service layouts; permits; inspections; investigations; studies; acceptance tests, including 3rd party; demonstrations; reports; bonds; notices; declarations; administration; liaison, reviews, meetings, correspondence and travel. Provide training, warranties and insurance. .2 Provide review by a soils engineer and a structural engineer to confirm and or redesign the exterior fixture pole base detail as required by actual conditions. .3 The electrical drawings are schematic and indicate major equipment and intended overall arrangement. Exact sizes, dimensions, locations, devices and arrangements shall suit equipment, site conditions and requirements. Review shop drawings for sizes and requirements under Division 16 and ensure compatibility of all systems specified and installed; report problems, concerns and variations. The Engineer shall review shop drawings of equipment prior to installation. Refer to Division I. TSH PROJECT NO. 42-80446 1 ) ~ 1 1 1 ): "I' I ~ I J I J i J ,J ~ I I J,; ''"'. 1.8 1.9 1.10 GENERAL ELECTRICAL REQUIREMENTS Section 16010 Page 3 .4 The Contract Drawings and the Specifications are to be read in conjunction with all other design and engineering documents. Provide all equipment after co-ordinating and reviewing all Division 16 work required by other Sections, service companies and jurisdictional authorities. The omission of work and materials that are required to complete the project is not to be interpreted as relieving this Section of the necessity of providing such work and materials. Ensure all equipment is installed correctly and sequentially. .5 In case of conflict among authorities, trades, drawings, specifications and other documents, the most stringent requirements shall apply, as directed by the Engineer. .6 All work and material shall be installed to the manufacturer's and the Engineer's recommendations and satisfaction, as applicable. Construction shall be performed by relevant, competent, qualified and certified trade persons .7 Protect materials and equipment after delivery to minimize the probability of condensation or other damage prior to the application of final heating systems. RESTORATION .1 Conform to Division I. ADMINISTRATION .1 Submit a list of delivery dates for each type of equipment, within 30 days of awarding of the contract or at the preconstruction meeting. The list shall include the manufacturer's name. Shop drawings shall indicate conformity with all items of the equipment specifications. .2 Claims for extras shall be submitted with a complete breakdown of material and labour. SHOP DRAWINGS .1 Submit 6 copies of shop drawings for each relevant item of electrical equipment. .2 Obtain approval from all relevant engineering disciplines and jurisdictions as required, before issuing items for construction. l l l l L l l l l L L l L L l! L l 1. l TSH PROJECT NO. 42-80446 GENERAL ELECTRICAL REQUIREMENTS Section 16010 Page 4 1.11 CERTIFICATES .1 Provide copies of all required certificates of approval, test results and verifications. 1.12 RECORD DRAWINGS .1 White prints shall be provided for record purposes. Keep a careful record on these drawings of all variations between the installation and the drawings, including change orders and site instructions. At the completion of the installation provide two sets of final "as built" drawings, including all installed equipment, devices and conduit. 1.13 WARRANTY .1 Conform to Division 1. 1.14 MAINTENANCE MANUAL .1 Conform to Division I. 1.15 SPARE PARTS .1 Provide three (3) spare fuses of each size and type used. .2 Provide three (3) spare indicating light bulbs of each type used. .3 Provide four (4) spare lamps of each type used. TSH PROJECT NO. 42-80446 j j J I ) J J I j ) J 1 i J i~ j I I I 2 2.1 2.2 2.3 2.4 GENERAL ELECTRICAL REQUIREMENTS Section 160 10 Page 5 PRODUCTS MATERIAL .1 All material shall be specification grade, where applicable, new and carry C.S.A. approval or special ESA inspection approval. .2 Similar devices and items shall be from one manufacturer throughout the project. GROUNDING .1 Provide all grounding to the authorities' approval. Use approved connection methods. Provide appropriate mechanical protection for all ground wire. .2 Provide appropriately sized ground or bond wire in all conduit systems; including EMT, steel and PVC types. .3 Provide ground straps to all equipment as required. .4 Install 20 X 3000mm long copper clad steel rod electrodes and make grounding connections. . .5 A resistance measurement shall be performed on rods prior to termination and backfill. A log of measurements shall be provided if required. Notify the Engineer if the resistance of any rod is greater than 5 ohms. .6 Grounding grid and grounding electrode conductors shall be buried directly in the earth without breaks at a minimum depth of 460mm below grade when unprotected. LOCATIONS, ACCESS AND CLEARANCES .1 Install all equipment according to manufacturer's recommendations with adequate access and clearances. .2 Provide acceptable painted metal shroud over cables and conduits around exterior or public areas to prevent climbing, as required. EXCAVATION & BACKFILL .1 Provide excavation and backfill required for the work of Division 16. l l l l L L L L l l L L l l II l L L t TSH PROJECT NO. 42-80446 2.5 2.6 GENERAL ELECTRICAL REQUIREMENTS Section 16010 Page 6 .2 Before commencing work establish location and extent of under and above ground utilities in the area of excavation. If there is a conflict or misinformation notify, in writing, the Engineer, Utility Companies and Municipal authorities of findings. Submit copies of all notifications to the Engineer. .3 Materials and workmanship to be in accordance with the Ontario Building Code. .4 Provide adequate sand encasement and protection for all direct buried conduit and cables. .5 Concrete work shall conform to CSA A23 Series. .6 Concrete shall meet requirements of CSA A23.1 exposure class F -2 (25 MPa, 4% to 7% air entrainment, 0.55 W/C ratio). .7 Provide 50 mm concrete cover to reinforcing steel except for concrete deposited against earth which shall have 75 mm cover. CUTTING & PATCHING .1 At all penetrations of the roof, walls and floors and/or as indicated on the Contract Drawings provide Portals Plus Alumi-Flash, Pipe Portal, Pipe Boots and Quadraseals or Portals Plus Retrofit as manufactured by Portals Plus, Inc. and distributed by D.E.L. Roofing Equipment, 9058560333. Seals shall be installed to the manufacturer's recommendations, instructions and to the satisfaction ofthe Engineer. .2 Cut and patch holes located incorrectly or too late. .3 Pneumatic hammers, drills, or explosive fasteners shall not be used without prior written approval from the Owner. .4 Openings on all electrical metal boxes shall be punched or cut. EQUIPMENT .1 Disconnects switches shall be by Schneider Electric, Cutler-Hammer, Allen Bradley Canada Ltd., Moeller Electric or reviewed equivalent. .2 Selector Switches: maintained contact, 2 or 3 positions, of heavy duty construction, standard operator handle, contact block arrangement, unless otherwise specified herein or as shown on the Contract Drawings. .3 Switches, receptacles (including GFI) and cover plates shall be specification grade and manufactured by Hubbell, Pass & Seymour, Smith & Stone, Leviton or reviewed equivalent. Switches to be minimum of 20 ampere, voltage to suit. Receptacles to be 15 ampere unless TSH PROJECT NO. 42-80446 J J I I J ,] j I I J I l I I I I I I I 2.7 2.8 2.9 GENERAL ELECTRICAL REQUIREMENTS Section 160 10 Page 7 otherwise indicated. Device body shall be ivory, brown and covers 302/304 stainless steel smooth. Use gang plates as applicable. Provide weather proof device covers as indicated. .4 In the unfinished areas of the building use FS and FD or PVC device boxes and covers, match conduit installation. .5 All equipment shall operate without noise or vibrations exceeding manufacturer's criteria. PANELBOARDS .1 Provide new circuit breakers to existing panelboards where indicated. .2 For 250V panelboards, the branch breakers shall be rated for a minimum of 10 kA (symmetrical) interrupting capacity except as otherwise indicated. .3 For 600V panelboards, the branch breakers shall be rated for a minimum of 25 kA (symmetrical) interrupting capacity except as otherwise indicated. .4 Acceptable Manufacturers: Siemens FUSES .1 All fuses shall be Bussman HRC I or equal and as required by manufacturer. .2 Fuses 600 ampere or less for non-inrush circuit shall be class "J" limitron .3 Outside light fixtures shall have an in-line fuse holder and fuse in each ungrounded phase conductor. WIRING .1 Wiring shall be RWU90, AC90 (x link). Temperature rating to be 90 oC or greater, as required by Code. All conductors, unless specifically noted otherwise, shall be copper with 600 volt insulation. .2 All feeders shall be run in continuous length between power supply point and the load with no splices. .3 Provide separate neutrals for electronic ballast lighting circuits. .4 Branch circuit volt wiring shall be #12 A WG minimum. Size wiring to maintain a maximum of2% voltage drop, also on a 120 volt, 15 amp single pole breaker: l l l L L L l l l l l L L L l l L l L TSH PROJECT NO. 42-80446 GENERAL ELECIRICAL REQUIREMENTS Section 160 I 0 Page 8 2.10 .1 Use #12 A WG RW90 up to 30 m (100 feet), .2 Use #10 AWG RW90 up to 45 m (150 feet). .5 Control wiring to be #16 A WG minimum. Size wiring to maintain a maximum of 2% voltage drop. .6 Sleeve and seal wiring through fire rated walls and floors, per Code. .7 Wiring inside concrete poles shall be run in polyethylene tubing or have protective bumpers placed every 3 m (10 feet). CONDUIT .1 Surface mounted conduit shall be EMT or rigid PVC as permitted by Code unless stated otherwise. .2 Direct buried conduit shall be rigid PVC conduit with ground, as permitted by Code. Joints shall be made with rigid PVC solvent welded coupling adapters as required to make complete installation. Seal tight conduit shall be used to connect motors and equipment. .3 Minimum conduit size for lighting and power circuits shall be 21 rom (3/4") unless otherwise stated. All buried conduit or conduit embedded in concrete shall be minimum 27 mm diameter. Conduits to be concealed where possible. Supply and install expansion couplings where conduits cross construction joints. Install conduits on surface at lower trough of roof decking. Do not install conduits on the top of roof deck or install boxes through decking. .4 Maximum armoured cable (BX) length of 3 m (10ft) is acceptable in the ceiling space, use EMT conduit otherwise. Minimum lengths of armoured cable may be used in furred ceilings, hollow partitions and hollow walls. No BX may lay on or clip to ceiling tiles or terminate in panels. .5 Provide all pull boxes, junction boxes, terminal boxes, fittings, seals, drains, plugs, cover plates, bushings, clips, rods and accessories as required and appropriate. EMT conduit connectors to be c/w steel set screw. .6 Supports for conduit, cable or equipment shall be corrosion resistant or preserved wood and where cutting of support materials is required, the cut ends to be treated to maintain suitable protection from deterioration. .7 Provide and locate all sleeves required to pass wiring through building walls and floors and ceilings. Fill voids between conduits and sleeves with material and caulking sealant to suit application and fire rating. .8 Provide outlet boxes, cover plates, junction and pull boxes as required. .9 All conduit and wiring within the building shall be run neatly and parallel to the building TSH PROJECT NO. 42-80446 GENERAL ELECTRICAL REQUIREMENTS Section 16010 Page 9 structure, above finished ceilings, within finished walls or below the floor. Conceal conduits as much as practical. It shall be supported from the building structure. Minimize horizontal runs along walls. Nails or tie wires are not acceptable. Do not caddie clip to ceiling hangers. .10 Provide fish wire in all empty conduits. 2.11 LIGHTING FIXTURES & LAMPS .1 Provide complete lighting fixtures and lamps, as designated in the fixture schedule. .2 High Intensity Discharge (HID) ballast to have low temperature starting, high power factor, protected starter, good lamp wattage regulation and ability to withstand 20% voltage fluctuations. .3 Provide lamps as indicated. All HID lamps to be from one manufacturer only. Upon completion of the Contract submit a list of lamps with the manufacturer catalogue sheets. Acceptable manufacturers, Sylvania, Phillips or CGE. 2.12 ~ONTACTORS AND TIMERS .1 All lighting contactors to be Square D No. 8903 series electrically held, complete with enclosure and control transformer. Switch shall have contacts to suit. Provide photocell, timer control and hand-off-auto switch to suit installation. ] J ~ I ~.....>I . 1 1 J l ..I~....: . I J I I i I I I I l L l L l l l l L L L L l L l l l l L TSH PROJECT NO. 42-80446 3 3.1 3.2 GENERAL ELECTRICAL REQUIREMENTS Section 16010 Page 10 EXECUTION EQUIPMENT INSTALLATION .1 Prior to installation and start up, co-ordinate and confirm that all electrical equipment and systems are compatible, are sized correctly and shall work safely as intended. .2 Provide an acceptable documented procedure for the commissioning of all systems. Contact Engineer to arrange for a viewing of the system demonstration. All systems shall be fully operational and verification documents available at least 24 hours before requesting a review by the Engineer. Provide hard copies of all programs for review before and after commissioning of equipment. At the discretion of the Owner, back charges for costs incurred may be levied if systems are not commissioned and operational at the time of the Engineers visit and return visit( s) are required. .3 Train the Owner's personnel as required to operate and maintain all equipment. .4 Electrical work is indicated generally on the Contract Drawings by standard symbols as per the legend. The letters in the symbol indicate the type of device as per the schedules. The letters and numbers outside and adjacent to the symbols indicate the panel and circuit number. If no circuit identification is indicated utilize available circuit(s) and load to acceptable practices. .5 Switches shall operate vertically with 'ON' being the upper position. Devices on three way switches shall be offwhen all toggles are down. Generally mount receptacle U-ground down. .6 Surface mounted distribution and control equipment shall be mounted square and level on flame retardant backboard. .7 Correct installed work as directed by the Engineer or authorized inspector. IDENTIFICATION .1 Identify all contactors, disconnect switches with approved screwed on lamicoid nameplates. Indicate equipment being controlled, voltage and the supply panel/device and its location. Also indicate "Equipment to be offbefore Isolation" on all disconnects. Terminal cabinets and pull boxes: indicate system and voltage. Use white colour background with 3mm (l/8") high black letters. Use client equipment numbers as required. .2 Provide typewritten directory of all circuits identifying the load connected. .3 All wiring shall be colour coded and shall be identified at each end with Brady self-sticking permacode wire markers. Update and or indicate numbers on "as-built drawings". TSH PROJECT NO. 42-80446 J J ~ 1. I 1 J J ] j ;t. ] l J l j l I I I 3.3 3.4 3.5 GENERAL ELECTRICAL REQUIREMENTS Section 16010 Page 11 EQUIPMENT MOUNTING HEIGHTS .1 Mounting height of equipment is from finished floor to centreline of equipment unless indicated otherwise. Verify unspecified heights and dimensioned locations before installation. Ensure indicated heights are per current Barrier Free access requirements before installation. .2 Generally install electrical equipment at following heights unless indicated otherwise. The top of recessed boxes to be mounted even with the nearest top of block. Alternatively, the bottom of recessed boxes may be mounted even with the nearest bottom of block. .1 Pole mounted receptacles: .2 Mounted high: 1118 nun., 44". .3 Contactors, generally: 1400 nun., 55". CLEAN-UP .1 Continuously remove surplus and waste material generated by the electrical work and finally clean all equipment and material supplied. TESTS .1 Furnish labour, materials, instruments and bear other costs in connection with all tests, including third party and factory tests, obtain required certificates of approval, acceptance, and compliance with regulations of agencies having jurisdiction and as specified. .2 Demonstrate that the settings described in the co-ordination study have been incorporated. .3 The Owner reserves the right of trial or temporary usage prior to accepting the installation. .4 Insulation resistance testing: .1 Megger circuits, feeders and equipment up to 350 V with a 500 V instrument. .2 Megger 350-600 V circuits, feeders and equipment with a 1000 V instrument. .3 Check resistance to ground and conductor to conductor resistance for conductors in the same conduit before energizing. L l l l L L L l l l l L l L l L L L L TSH PROJECT NO. 42-80446 3.6 GENERAL ELECTRICAL REQUIREMENTS Section 160 I 0 Page 12 INSPECTIONS .1 Inform the Engineer in writing a minimum of 3 working days prior to any test of any system. .2 Work shall not be deemed complete and Certificate of Substantial Performance will not be issued, until all indicated certificates of approval, test results and/or verifications have been delivered to the Engineer. END OF SECTION BOMANV~LECOMMUnrrrYPARK TSH PROJECT NO. 42-80446 SectIon 16700 FOOTBALL FIELD LIGHTING Page 1 PART I - GENERAL 1.1 FOOTBALL FIELD LIGHTING SYSTEM The contractor shall provide a complete functional sports filed lighting systems including but not limited to poles, wiring, fixtures and cross arms for the football field as indicated on drawings. 1.2 LIGHTING PERFORMANCE The lighting fixture manufacturer shall supply lighting equipment and computer generated point by point analysis to meet the following: Performance Criteria - Field Lighting a. The performance criteria requires lighting equipment which will provide target average light levels, after adjustment for light loss factors, of 30 footcandles. b. Uniformity ratio - The footcandle level shall have a uniformity ratio or maximum to minimum ratio of not greater than 3.0: 1 on the football field. c. SpilllGlare Light Maximum spill light values must be less than that required by the Ministry of Transportation: Average Horizontal Illuminance must be lover that 1. 15lux on the adjacent HWY 401. Maximum Veiling Luminance acceptable is 30% of the Average Roadway Luminance. The Average Luminance is expected to be 0.8cd/sq.m. Thus a maximum allowable Veiling Luminance is 0.24 cd/sq.m. Calculation of the above shall be performed on both east bound and west bound lanes. 1.3 INSPECTION AND VERIFICATION Test and Measurement Procedures 1. All testing will be done with entire facility illuminated. 2. Horizontal footcandle readings shall be measured with the test cell positioned horizontal 36 inches above grade. 3. Maximum footcandles shall be measured with the test cell positioned 36 inches above grade and aimed at the brightest light source from the tested field. l i 2 J ] 1 J I fl . I J I I i I i I J I L L l l L l L l l L L L L l t l t l l BOMANVILLE COMMUINITY PARK TSH PROJECT NO. 42-80446 Section 16700 FOOTBALL FIELD LIGHTING Page 2 4. Testing equipment for measurement of footcandle levels shall be a Gossen Panalux Electronic 2 or an approved equal, calibrated and certified within the previous 12 months. 5. For final approval ofthe project the manufacturer shall provide a final report from the test results that shall provide the following items: a. Identification of number and location of the test stations, that shall agree in number and location with description provided in B.l. b. Actual horizontal footcandle readings taken at each test station. c. Actual maximum footcandle readings taken at each spill/glare test station d. Number of hours of operation and number of system starts. 1.4 LIGHTING SYSTEM General Description - The Sportsfield Lighting System shall consist of the listed equipment features below. 1. Poles 2. Hot-dip galvanized steel crossarms. 3. Fixture consisting of: lamp,lamp socket, reflector, lens, lamp cone, ballast integral with the fixture, louver or glare shields as required by local authorities. 4. CSA listed fusing for the lamp circuits as required by the Ontario Electrical Safety Code and Electrical Safety Authority. 5. Aiming method for alignment of the luminaires. 6. Method for re-alignment of the luminaire after movement for relamping. 1.5 LUMINAIRE STRUCTURE Lamps - Lamps shall be 1000 watt metal halide and shall be manufactured by GE, Philips, or Sylvania. Lens - A removable lens of impact and thermal resistant glass with gasket shall be securely attached to the reflector. The lens shall further be secured to the reflector with a hinged cable or chain to prevent it from falling after removal during re-Iamping or semcmg. Materials and Coatings - All steel components shall be hot dip galvanized to the most current ASTM A-123 standards. High purity reflector grade aluminum finished. All other aluminum components shall be polyester or polyurethane powder coat painted. All non-current carrying fasteners, hinges, and latches shall be stainless steel. Structural Strength - The crossarm, reflector and their method of attachment shall be provided by the manufacturer such that it will structurally withstand winds of 125 mph winds with 1.3 gust factor without misalignment of any luminaire and without any damage to the crossarms or its components. Luminaires shall be attached to the crossarm by a minimum of two bolts, which fasteners shall be stainless steel. 2 BOMANVILLE COMMUINITY PARK TSH PROJECT NO. 42-80446 SectIon 16700 FOOTBALL FIELD LIGHTING Page 3 1.6 POLE STRUCTURE Safety Factors - The structural design of the poles must be demonstrated to be based on the AASHTO criteria for pole stress allowances. Wind Factors - The poles for the Bowmanville Community Park lighting project shall be designed to withstand 85 mph winds based upon AASHTO_2001 standards. The premise of the wind speed criteria will be the 50 year mean recurrent isotach wind map. Applicable gust factors to be applied per code. Height and EP A - The pole shall be designed to provide a mounting height above the field surface to yield the lighting level and quality as specified. It shall be of sufficient strength to support the effective projected area (EPA) of the pole and all of the attached devices including, as applicable, light fixtures, crossarms, mounting brackets, and any other devices which are to be attached to the pole. Pole Type - The pole shaft shall be direct buried pre-stressed concrete. Poles shall have built in recessed pull boxes and receptacle boxes for installation of 120V receptacles where indicated. Resistance to Corrosion - Steel components of the pole shall be hot dip galvanized to current ASTM A-123 standards. All exposed steel components of the pole shall be at least 6" above the surface of the ground to avoid exposure of the steel to the heavily moisture and oxygen laden air, both above and below the surface. There shall be a cap to cover the top of the pole so that rain will not enter the interior of the pole. 1. 7 FOUNDATION Safety Factor- The foundation must be designed based on UBC design standards. Foundation Strength - Any concrete portions of the pole in which steel components that provide tension strength are contained, shall be allowed to harden for a minimum of 28 days before stress loads of pole attachment are applied. Concrete Material- The pole shall be constructed of pre-stressed centrifugally cast concrete such that the steel reinforcement within the concrete shall be protected from slippage and exposure to oxidation through voids in the concrete or exposure of the steel through porous concrete material. As a minimum, poles and bases shall be placed in drilled holes with concrete backfill with a minimum diameter of 30". Soil Conditions - The contractor shall be responsible for the provision a geotechnical report on the soil conditions and pole foundation design that has been reviewed and stamped by a Professional Engineer independent of the pole manufacturer. Contractor must submit to the Contract Administrator a methodology for foundation placement and the stamped engineering drawings previously mentioned with their shop drawing submittals. 1.8 SAFETY - SPECIAL CONDITIONS CSA Listing- There shall be provided a CSA or equivalent listing for all electrical components from its connection to the feeder conductors, to its completion at the lamp socket including all connections. Warranty - Provide manufacturer's warranty if more than I year. 3 l J a I ] 1 ) 1 1 j I l ~j . ] I'" ~- ,tr 1 I I I L l L l BOMANVaLECOMMUnrrrYPARK TSH PROJECT NO. 42-80446 SectIon 16700 FOOTBALL FIELD LIGHTING Page 4 1.9 INSTALLATION 1 L l l l l L L L l t L l Delivery - The contractor shall be responsible for off loading, handling and storage of all materials delivered. Backfill- The pole base shall be installed in an excavation as prescribed by the UBC standards for foundation design. Concrete backfill is required. Electrical Wiring - The pole and the luminaires shall be designed such that all wiring remains underground before entering the base of the pole and that no wiring shall be exposed to sun or weather as it transitions through the pole and to the ballast and on to each lamp. 1.10 SHOP DRAWING SUBMmAL-DATA Each item listed below shall be provided in the form of clear and concise statements and/or plans and drawings which can be easily read and clearly interpreted. Each item shall also be clearly lettered to correspond with the following list. Bidders submittal shall include the following: A drawing of the Sports Lighting Structure meeting or exceeding specified criteria. Written statements of model number and manufacturer for all equipment bid. Written warranty from the manufacturer covering entire structure as outlined in specifications. Certified engineer, independent of manufacturer, shall verify and stamp wind load test of luminaire assembly to meet or exceed structural strength as described in specifications. Please note, EP A test does not constitute mis-alignment verification. Complete CSA Test Report - Bidder shall supply for the owner's review and retention a copy of the Underwriters Laboratory report covering theluminaire assembly being bid. There shall be provided by the pole supplier sufficient data and calculations to show that the specified criteria will be met, including a foundation design certified by an engineer independent of the pole manufacturer. . 1. l 4 Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 STRUCTURAL STEEL Section 05120 Page 1 1 GENERAL 1.1 All conditions of the Contract apply to the work of this Section. 1.2 RELATED WORK Grouting Under Bearing Plates Section 03300 1 .3 REFERENCED STANDARDS 1.3.1 ASTM A325M-92a Specification for High-Strength Bolts for Structural Steel Joints [Metric] 1.3.2 CISC/CPMA 2.75 A Quick-drying Primer for Use on Structural Steel 1.3.3 CAN/CSA-G40.20-M92 General Requirements for Rolled or welded Structural Quality Steel 1.3.4 CAN/CSA-G40.21-M92 Structural Quality Steels 1.3.5 CSA S16.1-94 Limit States Design of Steel Structures 1.3.6 CSA S 1 36-94 Cold Formed Steel Members 1.3.7 CAN/CSA-G 164-M92 Hot Dip Galvanizing of Irregularly Shaped Articles 1.3.8 CSA W59-M89 Welded Steel Construction (Metal Arc Welding) 1.3.9 CSA W59-M89 SSPC Steel Structures Painting Council, "Steel Structures Painting Manual, Vol. 2" 1 .4 SOURCE QUALITY CONTROL 1 .4.1 Submit three certified copies of mill reports covering chemical and physical properties of steel used in this work, when requested. 1.4.2 Submit copies of welding qualification certificates and identification cards for welders and welding operators. Submit documents showing that the Contractor is certified in compliance with CSA W47.1. May 26. 06 ] ] I I J j J' I ] I..} 'i i I I I I I I I I I l l l l l L l l L l l l L l 'l l L L L Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 STRUCTURAL STEEL Section 051 20 Page 2 1.5 1.5.1 1.5.2 1.6 1.6.1 1.6.2 1.6.3 1.6.4 2. 2.1 DESIGN OF DETAILS AND CONNECTIONS Design details and connections in accordance with requirements of CSA S 16.1 M and CAN3-SI36 to resist forces, moments and shears. Scoreboard and advertisement panels to be installed and connected in accordance with manufactory's requirements. SHOP DRAWINGS Submit shop drawings. Each drawing submitted for connection details shall bear signature and stamp of qualified professional Engineer registered in Province of Ontario. Indicate shop and erection details including cuts, copes, connections, holes, threaded fasteners, rivets and welds. Indicate welds by AWS welding symbols. Review Mechanical and Electrical Drawings to establish number, size and location of all openings through structural members. Indicate openings on erection and shop drawings and coordinate with trade Sections concerned. PRODUCTS MATERIALS 2.1.1 Structural Steel: CAN3-G40.21-M Grade 300W and Grade 350 for 'w' Sections. 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.2 Hollow Structural Sections: CAN3-G40.21-M Grade 350W, Class 'C'. Bolts, Nuts and Washers: ASTM A325M. Welding Materials: CSA W59. Shop Paint Primer: CISC/CPMA Standard 2-75 in all areas, colour grey. Anchor Bolts: CSA G40.21 grade A307. Galvanizing: Hot dipped galvanizing with minimum zinc coating of 600 g/m2 to CSA G164. FABRICATION May 26. 06 Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 ~ l j -J" ,t ~~. J 1 ] I ] I J l ] ] t l I I I STRUCTURAL STEEL Section 051 20 Page 3 2.2.1 2.2.2 2.2.3 2.2.4 2.2.5 2.3 2.3.1 2.3.2 2.3.3 3 3.1 3.1.1 3.1.2 Do structural steel work indicated on drawings and specified. Supply angles, channels, plates and bolts and other detail fittings needed to complete structural steel work. Include applicable items listed in CISC Code of Standard Practice for Structural Steel for Buildings and other items as specified. For necessary connections for other trades in order that they may connect properly to steel framing for convenience of other trades in attaching wood or other materials. Place holes so as not to cause any appreciable reduction in strength of such members. Supply steel structural shapes which are not connected to structural steel and wall plates on masonry walls, anchor bolts for connections and for installation under other Sections of work. Design and execute connections of steel members not to interfere with architectural clearance lines or finishes. Set loose beam and bearing plates and column base plates true and level at proper elevations by steel shims, ready for grouting. SHOP PAINTING Paint steel in shop under cover. Protect painted members until paint has fully dried. Steel preparation in all areas: Clean and prepare surfaces in accordance with CISC/CPMA, Standard 2-75. Use power tool cleaning in accordance with SSPC-SP-3. Primer: Dry film thickness 3.0 mils (0.075 mm). EXECUTION STRUCTURAL STEEL ERECTION Erect structural steel as indicated in accordance with CAN 3-S16M; S136 and in accordance with shop drawings. Continuously seal members by continuous welds where indicated. Grind smooth. May 26. 06 L l l l l L L l L l l L L L l l L l L Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 STRUCTURAL STEEL Section 051 20 Page 4 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 3.2 3.2.1 3.2.2 3.3 3.3.1 3.3.2 Frame openings in steel deck 450 mm square or larger to adequately reinforce such openings to maintain required design strength. Provide 100 x 100 x 10 angles minimum size to frame around opening unless indicating otherwise on drawings. Obtain written permission of Consultant prior to field cutting or altering of structural members not shown on drawings. Touch up shop primer to bolts, rivets, welds and burned or scratched surfaces at completion of erection. Clean up steel to satisfaction of Consultant. Set loose beams and bearing plates and column base plates true and level at proper elevations. INSERTS Accurately locate and set in place items which are to be cast directly into concrete. Coordinate work of other sections and co-operate with trades involved in bolts, anchors and other inserts. FIELD QUALITY CONTROL Inspection and testing of materials and workmanship will be carried out by testing laboratory designated by Consultant. Costs of tests shall be paid out of Cash Allowances, Section 01050. END OF SECTION May 26. 06 Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 SOILS INVESTIGATION DATA Section 00220 Page 1 1.1 A copy of the Geotechnical Investigation Report prepared by V.A.Wood Associates Limited is attached, report reference No. 4110-4-7. 1 .2 This report records properties of the soils and makes recommendations for the foundation design; prepared primarily for the use of the Consultant. The recommendations given shall not be construed as a requirement of this Contract unless also contained in the Contract Documents. 1.3 The report, by its nature, cannot reveal all conditions that exist or can occur on the site. Should subsurface conditions be found to vary substantially from the report, changes in the design may be required. 1 .4 The Contractor shall notify the Consultant, in accordance with the General Conditions, of deviation in subsurface conditions from the report. END OF SECTION May 26. 06 J ] i ~I " ) I ] I l I I I I I I I I I I L l L L l L L l l l l l L l L l L L L Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 CONCRETE REINFORCEMENT Section 03200 Page 1 1 GENERAL REQUIREMENTS 1 .1 GENERAL 1.1.1 All conditions of the Contract apply to the work of this Section. 1 .2 SCOPE OF WORK 1 .2.1 This Section of the contract includes all concrete reinforcement work including fibrous concrete reinforcement called for or implied by the drawings and specifications, together with all necessary incidentals whether referred to or not, as will be required to complete the work to the full intent and meaning of the drawings and specifications. The work includes but is not limited to the following: Reinforcing steel bars and welded steel wire fabric for cast in place concrete complete with wire fabric and fibre reinforcing. Support chairs, bolsters and bar supports for reinforcing. 1.3 RELATED WORK 1.3.1 1.4 1.4.1 1.4.2 1.4.3 1.4.4 1.4.5 1.5 1.5.1 Cast in Place Concrete Section 03300 REFERENCE STANDARDS CAN/CSA-A23.1 Concrete Materials and Methods of Concrete Construction CAN3-A23.3 Design of Concrete Structures for Buildings CSA G30.3 Cold Drawn Steel Wire for Concrete Reinforcement CSA G30.5 Welded Steel Wire Fabric for Concrete Reinforcement CAN/CSA-G30. 18 Billet Steel Bars for Concrete Reinforcement SHOP DRAWINGS Submit shop drawings for review. Indicate bar sizes, spacing, location and quantities of reinforcement, mesh, mechanical splices, chairs, spacers and hangers with identifying code marks to permit correct placement. Conform to Reinforcing Steel Manual of Standard Practice by Reinforcing Steel Institute of Ontario. May 26. 06 Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 J 1 I I ] I ] J ] 'I . J ] I ] J 1 I I I CONCRETE REINFORCEMENT Section 03200 Page 2 1.5.2 1.5.3 1.5.4 2 2.1 2.1.1 2.1.2 2.1.3 2.1.4 2.2 2.2.1 2.2.2 2.2.3 3 3.1 3.1.1 Detail placement of reinforcing where special conditions occur. Design and detail lap lengths and bar development lengths to CSA CAN3-A23.3. Provide class B lap for all laps. Provide Consultant with certified copy of mill test report of reinforcing steel supplied showing physical and chemical analysis prior to commencing reinforcing work. PRODUCTS MATERIALS Reinforcing Steel: Billet steel, grade 400R, deformed bars to CSA G30.18. Caisson Ties, Stirrups: Billet steel grade 400R, deformed bars to CSA G30.18. Chairs, Bolsters, Bar Supports, Spacers: To CAN3-A23.1. Adequately sized for strength and support of reinforcing steel during construction. Smooth Bars: Billet steel bar, Grade 400, bars to G30.18. FABRICATION Fabricate reinforcing in accordance with CAN3-A23.1 and drawings. Obtain Consultant's approval for locations of reinforcement splices other than shown on steel placing drawings. Ship bundles of bar reinforcement, clearly identified in accordance with bar list. EXECUTION FIELD BENDING Do not field bend reinforcement except where indicated or authorized by Consultant. May 26. 06 L L l L l L L L L l l l l L l L l L L Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 CONCRETE REINFORCEMENT Section 03200 Page 3 3.1.2 3.1.3 3.2 3.2.1 3.2.2 3.2.3 3.2.4 When field bending is authorized, bend without heat, applying a slow and steady pressure. Replace bars which develop cracks or splits. PLACING REINFORCEMENT Place reinforcing steel as indicated on reviewed shop drawings and in accordance with CAN3-A23.1. Obtain Consultant's approval of reinforcing steel and position. Adequately support reinforcing and secure against displacement within tolerances permitted. Place reinforcing steel to provide concrete cover as follows unless noted otherwise on drawings: Formed Surfaces Footings and Concrete Placed against earth Caisson Ties 50mm 75 mm 40mm 3.2.5 Maintain alignment with tolerances as follows unless noted otherwise on drawings: 3.2.6 3.2.7 Other Structural Members (except slab) Rebar Bends and Ends :t 13 mm :t 50 mm Ensure concrete reinforcing is clean and free from oil and deleterious matter. Remove all loose scale, loose rust and other deleterious matter from surfaces of reinforcing in a manner acceptable to Consultant. Fibrous Concrete - Add fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accordance with approved submittals for each type of concrete required. Mix concrete in strict accordance with fiber reinforcement manufacturer's instructions and recommendations for uniform and complete distribution. END OF SECTION May 26. 06 Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 CAST-IN-PLACE CONCRETE Section 03300 Page 1 1 GENERAL REQUIREMENTS 1. 1 GENERAL 1.1.1 All conditions of the Contract apply to the work of this Section. 1.2 SCOPE OF WORK 1 .2.1 This Section of the contract includes all execution of all plain and reinforced concrete work called for or implied by the drawings and specifications, together with all necessary incidentals whether referred to or not, as will be required to complete the work to the full intent and meaning of the drawings and specifications. 1.3 RELATED WORK 1.3.1 Concrete Reinforcement Section 03200 1.4 REFERENCE STANDARDS 1.4.1 ASTM C260-86 Standard Specification for Air-Entraining Admixtures for Concrete 1.4.2 CAN/CSA-A23.1 Concrete Materials and Methods of Concrete Construction 1.4.3 CAN/CSA-A23.2 Methods of Test for Concrete 1 .4.4 CAN/CSA-A5 Portland Cement 1.4.5 CAN/CSA-A23.5 Supplementary Cementing Materials 1 .4.6 CAN3-A266.1 Air Entraining Admixtures for Concrete 1.4.7 CAN3-A266.2 Chemical Admixtures for Concrete 1.4.8 CAN3-A266.4 Guidelines for the Use of Admixtures in Concrete 1 .4.9 CAN3-A362-M89 Blended Hydraulic Cement 1 .4.10 CGSB51-GP-51 M Polyethylene Sheet for Use in Building Construction 1 .4.11 ASTM C 1 09-91 Test Method for Compressive Strength of Hydraulic Cement Mortars May 26. 06 ] J I I l I 1 I ] l J l I l I I I I I l l l l l L l L L L l L l l l l l L l Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 CAST -IN-PLACE CONCRETE Section 03300 Page 2 1 .4.12 ASTM D 1751 Specifications for Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction 1 .4.13 OPSS 903 Specifications for Caisson piles 1.5 INSPECTION AND TESTING 1.5.1 Testing of concrete will be performed in accordance with CSA CAN3-A23.2. Test results will be issued to Contractor and Consultant. 1.5.2 Notify consultant at least 24 hours before complete form work and concrete reinforcement will be ready for inspection. 1.5.3 Allow ample time for inspection and corrective work, if required, before scheduling concrete placement. 1 .5.4 Concrete sampling, inspection and testing is to be performed by an Inspection and Testing Firm appointed by Consultant and paid out of cash allowances, in accordance with Section 01 050. 1.5.5 Provide free access to all portions of work and cooperate with appointed firm. 1.5.7 Submit proposed mix design of each class of concrete to Consultant for review prior to commencement of work. 1.5.8 Tests of cement and aggregates may be performed to ensure conformance with requirements stated herein. 1.5.9 Notify inspection and testing firm before placing concrete, in ample time to permit scheduling. 1.5.10 Three concrete cylinders will be taken for every 75 m3 or less of each class of concrete placed. 1.5.11 At least three test cylinders will be taken daily for each class of concrete placed. Record atmospheric and concrete temperatures. 1.5.12 One additional test cylinder will be taken during cold weather concreting and be cured on job site under same conditions as concrete it represents. 1 .5.1 3 One slump test and one air content test will be taken for each set of cylinders taken. May 26. 06 Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 CAST -IN-PLACE CONCRETE Section 03300 . Page 3 1.5.14 1.5.15 1.5.16 1.6 1.6.1 Additional slump test may be taken as necessary to verify quality of concrete. Submit to Consultant test data and certificates that the following materials will meet specified requirements: Portland cement Supplementary cementing materials Grout Admixtures Aggregates Joint fillers Submit proposed quality control procedures for Consultant's review. ENVIRONMENTAL CONDITIONS During hot weather, conform to CAN/CSA A23.1 - Clause 21. 1.6.2 During cold weather, provide temporary heating and enclosures required. Mix, place and protect concrete in accordance with CAN/CSA A23.1, Clause 21. 2 PRODUCTS 2.1 MATERIALS 2.1.1 Portland cement: Normal type 10, Portland cement conform to CAN3-A5. 2.1.2 Water: Clean and free from injurious amounts of oil, alkali, organic matter or other deleterious material to CAN3-A23.1. 2.1.3 Aggregates: To CAN3-A23.1. Coarse aggregates to be normal density. Group 1, 20 to 5 mm. Concrete topping to be placed on hollow core slabs and shall have maximum aggregate size of 10mm (rough surface). 2.1.4 Air entraining admixture: To CAN3-A266.1. MB - VR Master Builder Pro Air Construction Chemicals Ltd. 2.1.5 Chemical admixtures: To CAN3-A266.2. Water reducing type WN. Consultant to approve accelerating or set retarding admixtures during cold and hot weather placing. 2.1.6 Pozzolanic mineral admixtures: To CAN3-A23.5, type F - Flash. May 26, 06 J ] J .J. .: ] I ] J l I J 1 I l ) ] I I I l l L L l l l L l l L L L L l L L L L Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 CAST -IN-PLACE CONCRETE Section 03300 Page 4 2.1.7 Superplasticizer (cold weather): ASTM C494, Type F, Euclid "EUCON 37", Grace "WRDA 19", Master Builders "SPN". 2 .1.8 Superplasticizer (hot weather): ASTM C494, Type G, Euclid" EUCON 537", Grace "Daracem 1 00", Master Builders "Rheobuild 716". 2.1.9 Non-shrink grout: Premixed compound consisting of non-metallic aggregate, Portland cement, water reducing and plasticizing agents, of pouring consistency, capable of developing compressive strength of 50 MPa at 28 days. M - Bed Sternson Ltd./Sika Construction In - Pact C.C. Chemicals Ltd. 2.1.10 Dry pack: Premixed composition of non metallic aggregate Portland cement with sufficient water for the mixture to retain its shape when made into a ball by hand and capable of developing compression strength of 50 MPa at 28 days. 2.1.11 Blended hydraulic cement: to CAN3-A362. 2.1.12 Curing compound: to CAN/CGSB 25.20 Type 2 - water based. Do not use solvent based products. Masterkure 200W Master Builders Technologies Florseal W.B. Sternson/Sika Construction Sealtight Vocomp - 20 W.R. Meadows 2.1.13 Bonding agent: Epoxy Bonding Agent Sikadur Hi-Mod Rezi-Weld 1000 Sika W.R. Meadows Canada Ltd. 2.2 CONCRETE MIXES 2.2.1 Pay all cost for mix design. Submit design to Consultant for review. 2.2.2 Provide concrete mixed in accordance with CAN3-A23.1 Clause 14. 2.2.3 All concrete 25 MPa, 28 day compressive strength maximum slump 80j: 20 mm, unless otherwise noted. 2.2.4 Air-entrained concrete: For all concrete exposed to weather, foundation: 0.40 maximum water:cement ratio 325 kg/m3 minimum cement content air content 7% maximum 5% minimum May 26. 06 Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 ] ] I it II ) I l J J J I I I ] ) ] I I I CAST -IN-PLACE CONCRETE Section 03300 Page 5 2.2.5 2.2.6 2.2.7 2.2.8 2.2.9 3 3.1 Use accelerating admixtures in cold weather only when approved by Consultant. If approved, the use of admixture will not relax cold weather placement requirements. Do not use calcium chloride. Provide heating of water and aggregates and cold weather protection as required by the work. Use set retarding admixtures during hot weather only when approved by Consultant. All admixtures are subject to the approval of the Consultant. list all proposed admixtures in mix design submission. Do not change or add admixtures to approved design mixes without Consultant's approval. Keep water-cement ratio to minimum to increase strength and durability of concrete. Maximum water-cement ratio shall not exceed 0.55. EXECUTION WORKMANSHIP 3.1.1 Obtain Consultant'.s approval before placing concrete. Provide 24 hour notice prior to placing of concrete. 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 3.1.8 Ensure reinforcement and inserts are not disturbed during concrete placement. Pumping of concrete is permitted only after Consultant's approval of equipment and mix. Prior to placing of concrete obtain Consultant's approval of proposed method for protection of concrete during placing and curing in adverse weather. Maintain accurate records of poured concrete items to indicated date, location of pour, quality, air temperature and test samples taken. Place concrete continuously between preset construction and control joints. Honeycomb or embedded debris in concrete is not acceptable. Notify Consultant upon discovery. Remove and replace defective concrete as directed by Consultant. Place concrete in accordance with CAN3-A23.1. May 26. 06 L l l L l l L L l l l l l l l L l L l Scoreboard Frame Bowmanville Community Park General Contract TSH PROJECT NO. 42-80446 CAST-IN-PlACE CONCRETE Section 03300 Page 6 3.1.9 Review with Consultant proposed method for protecting of concrete during placing and curing in adverse weather, 24 hours prior to placing of concrete. 3.1.10 Do not place concrete during or prior to rain. If rain occurs after placing and before initial set of concrete, cover with waterproof material until concrete sets. 3. 1. 11 When concrete is placed in temperatures lower than 40C or likely to be lower than 40C, protect freshly placed concrete from freezing by adequate coverings (e.g. tarpaulins) and addition of heat. Temperature of concrete, when placed, not less than 160C, nor more than 320C for first four days, and minimum 100C for following two days. No salt or other chemical allowed in the mix to reduce freezing point of concrete. 3.1.12 Testing laboratory will take one additional test cylinder during cold weather concreting. Cure cylinder on job site under same conditions as concrete it represents. 3.1.13 When ready-mixed concrete is used, discharge of concrete shall be complete within a period of one hour after mixing water has been added to dry material, except when concrete materials are heated, in which case this period shall be reduced to 30 minutes. When concrete is delivered at air temperature below 40C temperature of concrete at time of placement not less than 160C or more than 320C. 3.1.14 Maintain accurate records of poured concrete items to indicate date, location of pour, quality, air temperature and test samples taken. 3. 1 .1 5 Each load of ready mixed concrete delivered to project site shall be accompanied by duplicate defivery slips providing the following information: Name of ready mix batch plants. Serial number of ticket. Date and truck number. Name of Contractor. Specific designation of project. Specific class of concrete. Amount of concrete in cubic yards. Time of loading or first mixing of aggregate, cement and water. Time of discharge in the required location at site. 3.1.16 Forward one copy of delivery slip to Consultant. May 26, 06 Scoreboard Frame Bowmanville Community Park . General Contract TSH PROJECT NO. 42-80446 CAST-IN-PLACE CONCRETE Section 03300 Page 7 3.2 CONCRETE PROTECTION FOR REINFORCING 3.2.1 Ensure reinforcement is placed to provide minimum concrete cover in. accordance with CAN3-A23.1-M. 3.3 CURING AND PROTECTION 3.3.1 Cure and protect freshly placed concrete in accordance with CAN3-A23.1-M. 3.4 GROUTING 3.4.1 Grout underside of steel column base plates and beam bearing plates with non-shrinking grout to manufacturer's instructions. Place grout to cover steel shims left in place. 3.5 CAISSON PilES 3.5.1 Caisson piles to be applied and installed in accordance with OPSS 903: Construction Specification for Deep Foundations. END OF SECTION May 26. 06 l J :. . I J I ] J J ] J I I ] J l .1 I I .. .. .. .... -- ... .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2006-32 .. .. ... .. II. ... ... \ ... OPS GENERAL CONDITIONS OF CONTRACT (SEPTEMBER 1999) ... -- .. .... ~ I. Ii. ... ONTARIO PROVINCIAL STANDARDS FOR y ... .... ROADS AND PUBLIC WORKS ... .... ... .. .. ... ... ... ! ... GENERAL CONDITIONS OF CONTRACT -- ... SEPTEMBER 1999 ... .. .. I. GENERAL CONDITIONS OF CONTRACT .. Table of Contents .. SECTION GC 1.0 -INTERPRETATION , ... GC 1.01 GC 1.02 Captions................................................................ .................................. ................. 1 Abbreviations .......... ................. .............. ...... .... ............................ ........... ............ ..... 1 ... GC 1.03 GC 1.04 GC 1.05 GC 1.06 GC 1.07 GC 1.08 Gender and Singular References .............. ........................... .............................. ..... 1 Definitions ............ ......... ........................... ........ ... ....... ...................... .......... .............. 1 ... Substantial Performance ....... .......................... ................................... .... .......... ....... 5 Completion.... _..... ............................................... ..................................................... 6 ... Final Acceptance.......... ................................... ...... ..... ................... .......................... 6 Interpretation of Certain Words ............................................................................... 6 ~ SECTION GC 2.0 - CONTRACT DOCUMENTS .. GC 2.01 GC 2.02 Reliance on Contrad Documents.......... .......... ..................... ..... ....................... ....... 7 Order of Precedence ............ ........................... ......... ............ ......... ............ .............. 7 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT .. ... GC 3.01 GC 3.02 Contract Administrator's Authority .. ............. ......... ........... ....................... ............. .... 8 Wor1<ing Drawings ... ................... ..... ............ .................... ....... ............. ......... ...... ..... 9 Right of the Contract Administrator to Modify Methods and Equipment .................9 Emergency Situations.................................. ....................... ...... .............. ........ ....... 10 Layout ........ ..... ........ ...... ...... .......... ..... .......... ....................... .............. ... ...... ... ......... 10 Working Area. .............. ........ ................. ........... ................................ ......... ............. 1 0 Extension of Contrad Time ................................,.................................................. 10 ... GC 3.03 GC 3.04 GC 3.05 GC 3.06 GC 3.07 ... ~ .... GC 3.11 GC 3.11.01 GC 3.11.02 Delays ........................ .......... ............... ......... ......... ............. .................................... 11 Assignment of Contract ................................................................... ...................... 11 Subcontracting by the Contrador... ....................................................................... 11 Changes.... ................. .......... ......... ....................... ............................. ....... ............. 12 Changes in the Work....................................................... ................ ...................... 12 Extra Work... ........................... ............. ........ .......................................................... 12 ... GC 3.08 GC 3.09 GC 3.10 .... ' ... OPS GenenI CondIIons ~ COnnct - SeptMlber 1999 T8bIe cf Contenta - I Table of Contents - Ii OPS o.eraa CondItIona cf Conbac:t - September 1999 :-J ,'- j j J .J j .J J .J .J .J j .J .J j J J J J GC 3.11.03 Additional Work ..................................................................................................... 12 GC 3.12 Notices .............................................. ... .... ........... .................................. ...... ..... ...... 12 GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance ..................... 13 GC 3.14 Claims, Negotiations, Mediation............................................................................ 13 GC 3.14.01 Continuance of the Work....................................................................................... 13 GC 3.14.02 Record Keeping ........................ ............................................................................. 13 GC 3.14.03 Claims Procedure ....................................................................................... ........... 13 GC, ,3. 14.04 Negotiations..... ...... ........ .......... ..... ................. ............... .......... ......... ...... ........ ........ 14 GC3.14.05 Mediation ... ........ ....... ....... .... ............ .... ............... ............... ..... ...... .... .......... ........... 14 GC 3.14.06 Payment... ......... ............................. ...... ........... ........ .......... ........... .............. ........... 14 GC 3.14.07 Rights of Both Parties............................................................................................ 15 GC 3.15 Engineering Arbitration ........................................................................................... 15 GC 3.15.01 Conditions for Engineering Arbitration................................................................... 15 GC 3.15.02 Arbitration Procedure .............................................................. ............................... 15 GC 3.15.03 Appointment of Arbitrator....................................................................................... 15 GC 3.15.04 Costs. ................ ....... ........... ............. '" ........ ..... .......................... ................... ......... 16 GC 3.15.05 The Decision .................... ..................... .......... ................... ......... ........................... 16 GC 3.16 Archaeological Finds ............................................................................................. 16 SECTION GC 4.0 - OWNER'S RESPONSIBILmES AND RIGHTS GC 4.01 Working Area ........... .......... .......... ............... ..... .,. ............................. ..... ........... ...... 17 GC 4.02 Approvals and Permits .......................................................................................... 17 GC 4.03 Management and Disposition of Materials ............................................................ 17 GC 4.04 Construction Affecting Railway Property .............:..............................................:.. 18 GC 4.05 Default by the COntrador....................................................................................... 18 GC 4.06 Notification of Default ............................ ................................... ............................. 18 GC 4.07 Contractor's Right to Correct a Defaull................................................................. 18 GC 4.08 Owner's Right to Corred Default........................................................................... 18 GC 4.09 Tennination of Contractor's Right to Continue the Work....................................... 18 ... .. Ii. GC 4.10 GC 4.11 GC 4.12 GC4.13 ... Final Payment to Contractor.................................. ............ ....... ................ ...... ....... 19 Termination of the COntrad...................................................................... .... ......... 19 Continuation of Contractor's Obligations ................................................... ............ 19 Use of Performance Bond ..................................................................................... 19 .. SECTION GC 5.0 - MATERIAL GC 5.01 ... GC 5.02 GC 5.03 ~ GC 5.04 GC 5.05 ... GC 5.05.01 , GC 5.05.02 it. 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 II. GC 6.01 GC 6.02 GC 6.03 GC 6.03.01 GC 6.03.02 GC 6.03.03 GC 6.03.04 GC 6.03.05 GC 6.03.05.01 GC 6.03.05.02 GC 6.03.05.03 GC 6.03.05.04 GC 6.03.06 GC 6.03.07 GC 6.04 ... ... ... ... .. .. ... Protection of Work, Persons and Property ............................................................ 23 Indemnification ...................................................................................................... 23 Contrador's Insurance........................................................................................... 24 General... ............. .... ........ ............... ..... .... .... ......... ... ......... ..... ...... ............. ............. 24 General liability Insurance. ............. ...................... ............. ......................... .......... 24 Automobile liability Insurance. ................. ..... ....... ... ................... ..... ...... .... ............ 24 Aircraft and Watercraft Liability Insurance............ ................................................. 25 Property and Boiler Insurance.. ....... ......... .......... ................ ....... ............................ 25 Property Insurance ....... ...................... ..................... .............................................. 25 Boiler Insurance... .......... ..................... ........ ........... ................. .......... ..................... 25 Use and Occupancy of the Work Prior to Completion........................................... 25 Payment for Loss or Damage..............................:................................................. 26 Contrador's Equipment Insurance .......... ................ .............. ................................ 26 Insurance Requirements and Duration............................. ........... .......................... 26 Bonding. ............... ............ ............... .......... ............... ............... .......... ..................... 27 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK General..... ........ ...... ........... ............. ........ ........ ..... ............................... ................... 28 GC 7.01 ... Table ~ ContentS - iii ... OPS GerMnI Conditions of ContrKl- 8eptMJber 1999 GC 7.02 GC 7.03 GC 7.04 GC 7.05 GC 7.06 GC 7.07 GC 7.08 GC7.09 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 Terminate the Contract............................ 32 Notices by the Contractor .................~..................................................................., 32 Obstructions................................................ ............................... ............................ 33 Limitations of Operations. .... ............... ........................................ ............. .............. 33 Cleaning Up Before Acceptance ........................................................................... 33 Warranty .................. .......... .............. ................ ..... ............. .......................... .......... 33 GC 8.01 SECTION GC 8.0 - MEASUREMENT AND PAYMENT 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 Materia!.. .......... .............................. ....... .....t...................... 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-Qff ............ ........ ......... ......... ........... .... .......... ... ......... ...... .... .......... ...... 40 Teble of Contents - Iv OPS Gene,. CondItIona ~ Contract - September 1999 , . .. ~ :P J J j J J j j .J j J J J .J J J J J J ... ... .. GC 8.02.03.12 Delay in Payment .................................................................................................. 40 GC 8.02.04 Payment on a TlI11e 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 Wor1<ing TlI11e .... .............. ............... ..... .... .... .............. ............ .............. ....... ........... 42 GC 8.02.04.06.02 Standby Time .... ........ ......... ................ ........ .......... ............. ...... .............................. 42 GC 8.02.04.07 Payment for Hand Tools........................................................................................43 GC 8.02.04.08 Payment for Work by Subcontractors.................................................................... 43 GC 8.02.04.09 Submission of Invoices.... .......... .............. ............. ..... .............. ............ .................. 43 ... i. ... III GC 8.02.05 GC 8.02.06 GC 8.02.07 GC 8.02.08 GC 8.02.09 Final Acceptance Certificate......... .............................................. ...... ................. .... 43 Payment of Workers ....... .... ................. ...................... ...................... ...................... 44 I.. Records ............. .............. ............... ......... ............... .... ....... .................... .... ............ 44 Taxes and Duties. ...... ......... ....... ......... .................. ..... .................. ... ....... ........... ..... 44 ... Liquidated Damages.. ........................ .......... ...... ......... .~.... .......... .... ............ ....... .... 45 .. III ... .. t .. Ii. !II. .. .. .... OPS General Conditions of Contract - September 1999 Table of Contents - v I. ... .. .. .. ... ... .. ... .. .. -- ... .. .. -- .... ... ... 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 "AASHTO" "ANSI" "ASTM" "AWG" "AWWA" "CESAR "CGSB" "CSA" "CWB" "GC" "MOE" "MTC" "MTO" "MUTCD" HOPS" -"OPSD" "OPSS" "PEon "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 QeneqI Condltlona ~ Contm:t - ~ 1999 Additional Work: means work not provided for in the Contrad 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 Substantial Performance. Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator where:so authorized, directing that a Change in the Work or Extra Work be performed. .i-~ 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 !the intended scope of the Contract. Change Order: means a written amendment to the Contrad signed by the Contrador 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 Contrad Tme. Completion Certificate: means the certificate issued by the Contrad 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 Contrador who executes the Contract. Contract: means the undertaking by the Owner and the Contrador 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, Contrad Drawings, addenda incorporated in a Contrad 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 standard drawings. Contract nme: 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. Pege2 OPS GenerIII CondIIIoI.. ~ ContnIc:t - September 1999 ..J -"J j j j .4 J j j J j j J j j j J J J J ... ... ~ ... ~ J... ~ ~ ~ ... ~- .. , ... ... \ II. .. ~ ... I.. ... Cost Plus: See "Time and Materiar. Cut-Off Date: means the date up to which payment will be made for work performed. Daily Work Records: mean daily Records detailing the number and categories of workers and hours worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and description and quantities of Material utilized. Day: means a calendar day. Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and-equipment Estimate: means Ii calculation of the quantity or'cosf~ftheWork <<1)8rtof it-idepending on the context. Extra Work: means work not provided for in the Contract as' awarded but considered by the Contract Administrator to be essential to the 'satisfactory completion of theContrad- 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 Contrad 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 General ConcIItIona ~ Contract - September 1999 pege 3 Owner: means the party to the Contrad for whom the Work is being performed, 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. Perfonnance Bond: means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contrad and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contrad Documents. Project: means the construction of the Work as contemplated by this Contract. Quantity Sheet: means a list of the quantities of Work to be done. Rate~~ Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and availa~ from, the Owner. .-.,,-.;:.~.-., Records: mean any books, payrols, accounts or other information which relate to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope. ..J LJ -J J ] j J .J j j Special Provisions: mean special directions containing requirements peculiar to the Work. Standard Specification: means a standard practice required and stipulated by the Owner for j performance of the Work. Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base. Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the Work ~ 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 ~~ . Subsurface Report: means a report or other infonnation 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 transad 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 Gene,. Condltlona d Contrac:I- September 1999 J J d J ~ J J J .. .. ~ .. I J. ~ - }. .. ~ ... i- f: ... \ - .. .. ... k. ... , II. II. 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, eledric, 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 construdion 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 8'Day asdetenninecj't)fthe Contract'Administrator;'on'Which'the'-:Contractor'isprevented by " inclement weather or conditions resulting immediately 1herefrom;>from-proceeding 'With, a-Controlling Operation. For the purposes of this definition. this will be a Day during'whicb the Contractor cannot proceed with at least 60% of the normal labour and equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is. prevented from proceeding with a Controlling Operation, as determined by the Contrad Administrator by reason of, i. any breach of the Contrad 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 Contrad Administrator. Working Drawings: or Working Plans: . means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include falsework plans. Roadway protection plans, shop drawings, shop plans or erection diagrams. GC 1.05 Substantial Performance .01 The Work is substantially performed, a) when the Work to be. performed under the Contrad or a substantial part:thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed undertheContrad 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 Contrad 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. OPS GenlnI Condlllona ~ ConIrIICl- September 1899 Page 5 GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect or last supply is not more ~n the lesser 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_,J:he words "acceptable", "approvar, "authorized", "considered necessary", "direded", "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. ..- -:,,-." Page 6 OPS o.eraa CoIdIona ~ Conbac:t - September 1999 _.J .-J J j J ~ j j J j j J , ,J j j J J J J ... ... .. .. , .. 'a. ~ 1. \.. .. ~ " ~ - .. ~ ~ .. ... .. ... SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the information fumished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affed 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 Contrad Documents; and c) Other information 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) Contrad Drawings e) Standard Specifications f) Tender g) Supplemental General Conditions h) General Conditions i) Working Drawings Later dates shall govem 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 govem where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govem over those of smaller scale; c) Detailed Drawings shall govem over general Drawings; and d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any conflict in the contents of Standard Specifications the following order of precedence shall govern: a) Ontario Provincial Standard Specifications; then b) Other Standard Specifications, such as those produced by CSA. CGSB, ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. .04 The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. " OPS General CondItIons cf COntnlc:t - September 1_ PlIge 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 Contrad Administrator. The Contrad Administrator will have the authority to ad 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 Contrad Documents shall be referred to the Contract Administrator. .03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the schedule of tender qUantities and unit prices or to make an assessment of the value of the work completed in the case of r~4ump sum price contract. .04 ":the Contract Administrator will determine the amounts owing to the Contractor under the Contrad 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, produd data, and samples in accordance with the Contract Documents. .06 The Contract Administrator will investigate all allegations of a change in the charader of the Work made by the Contractor and issue appropriate instructions. .07 The Contrad Administrator will prepare Change Directives and Change Orders. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly condud an inspection of the Work to establish the date of Substantial Performance of the Work , and/or the date of Completion of the Work. .09 The Contract Administrator will be, in the first 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 Contrad 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 Contrad 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 Contrad Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Admin~tor. Pege& OPS General COlldlliol. cf Connc::t - 8epee!.lbe(1999 J J J j ] J J ,j ] j -J j J ] .J j J J j L. .. \ .. .. l. .... .. - \. ... .14 Notwithstanding any inspections made by the Contrad 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 Contrad Administrator will have the authority to temporarily suspend the Work for such reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's construction layout or the inspedion 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 dearly identified and dated Working Drawings as called for by the Contract Documents. .02 The Contractor shall submit Working Drawings to the Contrad- 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 .jointty prepare a schedule fixing the dates for submission and return of Wor1<ing Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contrador shall notify the Contract Administrator in writing of any deviations from the Contrad requirements that exist in the Working Drawings. .03 The Contrad Administrator will review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review will be to check for conformity to the' design -concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. "- .05 t , .. .06 ... .07 ~ The Contractor shall make any changes in Working- Drawings which the Contrad - Administrator may require consistent with the Contract Documents and resubmit unless otherwise directed by the Contrad Administrator. When resubmitting, the Contractor shaUnotify the Contrad Administrator in writing of any revisions other than those requested by the Contract Administrator. Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contrad Administrator and marked with the words "Reviewed. Permission to construct granted." The Contractor shall keep one set of the revieWed Working Drawings, marked as above, at the site at all times. ... I.. .. .. .. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contrador shall, when requested in writing, make alterations 'in the method, Equipment or work force at any time the Contrad 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 GeneqI Condllonl ~ COnnct - September 1999 Page 9 GC 3.04 Emergency Situations .01 The Contrad 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 Contrador does not take timely action, or if the Contrador is not available, the Contrad 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, .-~Ugnment and elevation of the Work. The Owner will be responsible only for the correctness of the . ,,~rmation provided by the Contract Administrator. . 'io> . 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 orderly condition atall times. .02 The Contractor shall confine his construdion operations to the Working Area. Should the Contrador require more space than that shown on the Contrad 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 Contrad 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 Contrad shall continue for such extension of Contrad Time. Pege 10 OPS General Condlllona cf Connct - September 1999 _oj ..J J j J J ] 'j -; j J J J J ] J ] J ,j j .. ... tit ... l. ... .. ,., ... ~ .. .. ... .. , ~ ... .. ... ... ... 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 Contrad Documents; an ad or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indiredly, 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 ad or omission of the Contractor or anyone employed or engaged by the Contractor direcUy or indirectly; , c) the contract Administrator giving notice under subsedionGC 7.09; 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 Tame due to abnormal inclement weather;- the' QmtJ'actor'shall; with. the., Contractor's application, submit evidence from Environment Canada in ',.support of such 'application. ...Extension' of Contract Tame 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 Contrador is a member or to which the Contractor is otherwise bound - which are beyond the Contractor's control, then the Contract Time shall 'be' extended' in: accordance with' subsection GC- 3.07.. .Extension of Contract Time. In no case shall the extension of Contract Time be less. than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contrador; , 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 .01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of the Owner. GC 3.10 Subcontracting by the Contractor .01 The contractor may subcontrad 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 Wo~ and the Subcontractor with whom it is intended. .03 The Contrad Administrator will, within 10 Days of receipt of such notification..accepl or reject the intended Subcontrador. The rejection will be -in writing 'and will include the reasons for the rejection. .04 The Contrador shall not, without the written consent of the Owner. change a Subcontractor- who has been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor. .05 The contractor shall preserve arid proted 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 Subcontradors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the OWner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. OPS o.ner.I Condlltona ~ Connct - s.ptImber 1999 Page 11 .06 The Owner's consent to subcontracting by the Contrador shaU not be construed to relieve the Contrador from any obligation under the Contrad and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall aeate 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 -,!be Contractor may apply for an extension of Contrad Time according to the terms of subsection GC 3:07, Extension of Contract Tme. .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 Tme and Material Basis. GC 3.11.02 Extra Work .01 The Owner. or Contract Administrator where so authorized, may instrud the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall 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 Contrador may apply for an extension of Contrad Tme according to the terms of subsection GC 3.07, Extension of Contrad Tme. .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 ~ 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 Contrador shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contrador may apply for an extension of Contrad Time according to the terms of subsedion GC 3.07, Extension of Contrad Time. .03 Payment for the Additional Work may be negotiated pursuant to subsedion 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 3.12 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 mail. Page 12 OPS Gener8I CondItIona ~ ConttIc:t - September 1_ _J .... .,J j j J J ] J --',~, J J J j .J j j J J .J j .' .. .02 .. .03 ... i '.04 .. .. .01 - .02 ... ~ .. .. ~ l. ~ .. ~ .01 .. .02 ... .. The Contractor and the Owner shall provide each other with the mailing addresses, telephone numbers and facsimile terminal numbers for the Contrad Administrator and the Superintendent at the commencement of the Work. In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. Any notice permitted or required to be given to the Owner or the Contrador shall be given in 'accordance with the notice provision of the Contract. GC 3.13 Use and Occupancy of the Work Prior to SUbstantial Perfonnance Where it is not contemplated elsewhere in' the Contrad Documents;, the Owner may use or occupy the Work or any part thereof prior to Substantial'Performance; provided.that at least 30 Days' written notice has been given to the Contractor. The use or occupancy of the Work or any part thereof by'theOwner priorto' Substantial Performance shaD 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' with the Contrad 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 Owne(s right to charge 'the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.14 Claims, Negotiations, Mediation Continuance of the Work GC 3.14.01 .01 Unless the Contrad has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute; verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such ,action will not jeopardize any claim it may have. . GC 3.14.02 Record Keeping .01 Immediately upon commencing work which may result in a claim,the Contractor shall keep Daily Work Records during the course of the Work. sufficient to substantiate the Contractor's claim, and the Contract Administrator will keep Daily WorlCRecords'to'be used in-assessing'1he Contractor's claim, all in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contrad 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 Contrad Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.14.03 Claims Procedure 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. 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 GenenI Conditions ~ Conb1K:t - s.ptember 1999 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 resped 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 Contrad Administrator. .04 Within 30 Days of the receipt of the Contrador's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contrad 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 Contrad Administrator shall advise the Contrador, in writing, of the Contrad Administrator's opinion with regard to the validity of the claim. ~,.. GC3o:14.04 Negotiations ~~. - .01 -.the parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant fads, infonnation, and documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to any part of the claim, the Contrad 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 foUowing 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 shan ':~ with the parties together and separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall 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 Contrador. 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 Page 14 OPS GenenlI CondItIolII ~ Conbac:t. SeI*mber 1899 J .J j J .J J ] J J J j J J j J ] J J J ... .. .. ... ~ .01 Ii. .02 ... ... ~ ... ... ~ ... ... .. .03 .. .04 '- .05 ... ... GC 3.14.07 Rights of Both Parties .01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.15 GC 3.15.01 Engineering Arbitration Conditions for Engineering Arbitration If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke the provisions 'of subsection GC 3.15, Engineering Arbitration, by giving written notice to the other party. Notification that arbitration shall be implemented to resolve the issue shall be 'communicated in writing as soon as possible and no later than'''60''Days''following-1he'''Opinion''given in paragraph GC 3.14.03;05. Where the use of a third party'mediatorwasimplemented: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 conduded hereunder except to the extent that they are modified by the express provisions of this subsection GC 3.15, Engineering Arbitration. GC 3.15.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subjed only to such right of appeal as exist where the arbitrator has exceeded 'his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in respect of the matters under arbitration wOl'bestayed 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 Contrador Shan confirm 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 Contractor:toadjudicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. 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 seiad an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. The arbitrator may appoint independent experts and any other persons to assist him or her. OPS Qeneq/ CondIIons ~ Contract - September 1999 PIge 15 .06 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant .07 The hearing will commence within 90 Days of the appointment of the arbitrator. GC 3.15.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the 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 Contractor's operations expose any items which may indicate an archaeological find, such as building remains, hardware. accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is 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 Contract that is caused by such a suspension of Work will be considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01. . .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra .: ~ork in accordance with clause GC 3.11.02, Extra Work. ",_. .}'~";. Pege 16 OPS Gener.I Conditions cf Conbac:t - September 1899 _J ..j j -,. ~ J J J J j J J J J j J .J J j J ... ... ... .01 Ii. .02 .. ... ... .. \ ... ... .. ... .. ... .. ... ... ... .. SECTION GC 4.0 - OWNER'S RESPONSIBILmES AND RIGHTS GC 4.01 Working Area 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 Contrad Drawings. The Geotechnical Report and-Subsurface Report which will be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Penn Its .01 The Owner will pay for all plumbing and building permits. .02 The Owner will obtain and pay for all permits, licenses and ,certificates:.solely.requiredfor Project approval. ' GC 4.03 Management and Disposition of Materials .01 'The Owner will identify in the Contrad Documents the materials to be moved within or removed from the Working Area, and any charaderistics' of those materials.which will necessitate special materials management and disposition. '.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 naturany 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 construdion, activities:' limestone, gypsum, marble, mica and Portland cement; and d) exposure'to these substances may' occur as 'a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting; cutting and abrasive blasting. .03 The Owner will identify in the Contrad 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 olSCOVers or is advised ,of ,the' presence"of .designated substances or hazardous materials which are in addition to those rlStedinparagraph GC 4.03.02, or not clearty identified in the 'Contract Documentsaccording-.to.paragraph:GC~4~03:03;:Jhen:verbal notice will be provided to the other party invnediately with written confinnationwithin '2 Days. The Contractor will stop work in the area 'immediately and will determine- the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner will be responsible for any reasonable, additional cOsts of removing, managing and disposing of any material' not identified in the Contrad 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 Contrador 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 i'I the application of products controlled under WHMIS shall be labelled. The Owner will notify the Contractor in writing of chang8s to the 1st and provide relevant Matertal Safety Data Sheets. OPS GenerW Conditions ~ ConIrIIct - SepIernber tM 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 Contrador shall be in default of the Contrad if, a) the Contractor fails to commence the Work or execute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree; or b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. - GC..t!96 Notification of Default , :':'.~..' ~ - '''-i-~ .01 , t;.The Owner will give written notice of a default to the Contractor as soon as the Owner becomes aWare of the alleged default but failure to give such notice in a timely way shall not constitute condonation of the default The notice will include instructions to correct the default within 5 Working Days. GC 4.07 Contractor-s Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the conection 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 Contrador fails to correct the default within the time specified in subsection GC 4.07, ,,:iPnb'actor's Right to Correct a Default. or subsequently agreed upon, the Owner, without prejudice to ,aEY other right or remedy the Owner may have, may correct such default and deduct the cost thereof, . as certified by the Contrad Administrator, from any payment then or thereafter due to the Contractor. GC 4.09 Tennlnation of Contractor-s Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07, Contractor's Right to Correct a Default. or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner will be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) utirlZe 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 right of third parties; c) withhold further payments to the Contrador with respect to the Work or the portion of the Work withdrawn from the Contrador until the Work or portion thereof withdrawn is completed; PIge 18 OPS General Condltiona ~ Contr8Ct - September 1999 ..1 .j J J J J J J j J j J J J J J J J J ... .. II. d) charge the Contractor the additional cost over the Contract 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, Warranty; f) charge the Contrador for any damages the Owner may have sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.15, Warranty, 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 less than the amount withheld from the Contractor under subsection-GC4.09;Termination-oLContractor's Right to .. Continue the Work,' the Owner will pay the-balance rothe- Contractor as soon:as the final accounting for the Contrad is complete. .. GC 4.11 Tennination of the Contract ~ .01 Where the Contractor is in default of the Contrad the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contrad by giving written notice of termination to the Contrador, the Surety -and -any trustee"or receiver acting on behalf of ' the Contractor's estate or creditors. ... .02 If the Owner elects to terminate the Contract 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 Contrador's obligation under the Contrad as to quality; correction and warranty of the Work performed prior to the time of termination of the Contrad or termination of the Contracto(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 General CondIIIona ~ COntract - SepIIImIler 1999 P8ge 18 -- SECTION GC 5.0 - MATERIAL GC 5.01 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 Contrad 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 Contrad Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. .03 As specified or as requested by the Contrad Administrator, the Contractor shall make available for -;jg$pection or testing a sample of any Material to be supplied by the Contractor. ' ,"" , '-'- .00.ihe 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 Contrad Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, "sampling and testing. .06 The Owner will not be responsible for any delays to the Contrador's operations where the Contractor fails to give sufficient advance notice to the Contrad 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 Contrad 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 Contrad Administrator. GC 5J13 I~; Rejected Material j,'" .01 Riiected Material shall be removed from the Working Area expeditiously after the notification to that Et~ect from the Contrad 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 Contrad 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 Contrad Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. Page 20 OPS Genera. CondIIIons cf Contract - September 1999 .- ..J J j J J (J j ) J J J j J j J J J j J .. ... ... iIIlIJ .. ... .. iii. .02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a. proposed substitution will be made at the disaetion of the Contrad 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 Contrad 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 Contrador 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 Contrador at cost plus applicable overheads. GC 5.05.02 Care of Material t. ... .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 Contrad 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. ... .. .. ... ... .. .04 -- .05 ... ... .. .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 underthe 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 Contrad 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 Contrador until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are disaepancies between the quantities received 'and,<the;quanlitiesshown on the bills of lading, the Contractor shall immediately . report such damage or discrepancies to the Contrad Administrator who shall arrange for an'immediateinspection.of. the'.ishipment 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. 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 shaH not, except with the written permission of the Contrad Administrator, be used by the Contrador for purposes other than the performance of the Work under the Contract. Empty reels, crates, containers and other type of packaging from Material supplied by the Owner shaD 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 Contrad Documents. OPS Gener8l Conditions ~ Contract - SepIMIber 1999 Page 21 .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 Contrador shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contrad 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. .~..:_"-- '~..... -'....', :. ~ .~,., Peg. 22 OPS General Condltlona~ Contract - September 1999 .j , 'J \ J"' i " j J J J J J J J j ] j J j J .i J ... .. ... ... ... .. .03 .. .04 .. \. .05 , ... .. .. ... .. .02 ... , ... .03 .. .04 ... ... SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .01 The Contrador, the Contrador's agents and all workers employed by or under the control of the Contractor, including Subcontractors, shall proted 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 Contrad 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. The Contractor shall immediately inform the. Contrad AdministratOr of all~damage and injuries which occur during the term of the Contract. The Contrador 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 Contrad Administrator, their agents and employ~, or others not under the control of the Contractor, but within the Wor1<ing Area with the Owner's permission. The Contractor and his Surety or Sureties. shall not be released from any term or provision of any responsibility, obligation or liability under the Contrad 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 Contrador 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, adions, suits or proceedings by third parties, hereinafter called "claims", 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) attributable to bodily injury, sickness. disease, or death or to damage to or destrudion of tangible property; b) caused by negligent acts or omissions of the. Contractor or anyoneJorwhose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial 'Performance 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. The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material fumished by the Contractor under the Contract. 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. The Owner shall indemnify and hold harmless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, Costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contrad which are attributable to a lack of or defect in title or an alleged lack of or defed in title to the Working Area. OPS GeneqJ Conditions ~ Contnlc:t - SepIM1ber 1999 Page 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 clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in ctauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so specified in the Contrad Documents. GC 6.03.02 General Liability Insurance .01 ~eneralliability insurance shall be in the name of the Contractor, with the Owner and the Contract . ~ministrator named as additional insureds, with limits of not less than 5 million ,dollars inclusive per Q.eCUrrence for bodily injury, death, and damage to property inctuding loss otuse thereof, with a .p,t9perty damage deductible of not more than $5000. The form of this inSurance shall be the Iqsurance Bureau of Canada Form IBC 2100, dated 8-87. . .02 'Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contrad are inctuded. Approval of this insurance will be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. .04 I The Contrador 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 described 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 mg>losives for blasting, or pile driving or caisson work, or removal or weakening of support of property qu.ilding or land, IBC Form 2100 as required shall include the appropriate endorsements. ~.. "f:'!..).. ;- .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 flot be permitted. GC 6.03.03 Automobile Uabllity Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days' written notice in advance of any 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 liabirlty and accident benefits Insurance and covering licensed vehicles owned or operated by the Contractor. PIlge2.. OPS General CondIIlona.cf ConIrac:t . September 1999 .. .j , . 'J j J J J J J j J ] .J j j j J j J J II. ... ... .. .. ... ... ... f .. GC 6.03.G4 Aircraft and Watercraft Uabllity Insurance .01 Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work. including use of additional premises, shall be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death. and damage to property including loss of use thereof, and limits of not less than 5 million dollars for aircraft passenger hazard. . Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage. GC 6.03.05 GC 6.03.05.01 Property and Boiler Insurance Property Insurance .01 . All risks property insurance shall be in the name of the Conb'actor+with.the..OWnerand the Contract Administrator named as additional insureds, insuring not. less than,.the'.sum,.ofthe ,amount of the Contract price and the full value, as may..be stated-in .tbe..5upplemeotaLGeneraLConditions, of Material that is specified to be provided by; the' Owner: for..:.incorporation' into 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 shan be maintained continuously until 1 0 Days after the date of Final Acceptance of the Work. as set out in the Final Acceptance Certificate. GC 6.03.os.02 Boller Insurance ..01 "Boiler insurance insuririgthe interests of the Contractor, the Owner and the ContradAdministrator 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 shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the.Contractor:and prior-J:o;such, use or. occupancy shaH provide, maintain and pay for property and boiler insurance insuring .the. full 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 uneamedpremiurns 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 Contrador as their respective interests may appear. The Contrador 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 Contrad except that the Contrador shall be entitled to such reasonable extension of Contract Time relative.to the extent of the loss or damage as the Contrad Administrator may decide in consultation with the Contractor. OPS GenInI Conditions ~ Contr8ct - 8ep4IImber 1999 pege 25 GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entiUed 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 Contrador'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& Contracto(s Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contrador 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 restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract. the Contrador shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grantprior releases with respect to damage to the Contractor's Equipment GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until 1 0 Days after the date of Final Acceptance of the Work, as set out in the 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 underwriter 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 underwriter or the broker. .04 Where a policy is renewed the Contractor shall proVide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner will have the right to proVide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. p.ge 26 OPS General Condlllona cf Connct - September 1999 ~.J 'j j ] J J J j .J J J j J J J J j J J .. .. ... .07 If the Contrador 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 Contrador shall provide the Owner with the surety bonds in the amount required by the tender documents. .. .02 Such bonds shall be issued bya duly licensed surety company authorized to transad a business of suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. ... .. It. .. .. .. .. .. ... ... .. ... ... OPS General Conditions ~ Contract - September 1999 Page 27 ... SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contrador 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 . Contrador 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 valious parts of the Work. '~.., .04 The Contractor shall have the sole responsibility for the design, erection. operation, maintenance and , ..~oval of temporary strudures and other temporary facilities and the design and execution of ,;~nstruction methods required in their use. .05 . Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shan be considered to be part of the design of the Work, and the Contrador shall not be held responsible for that part of the design or .the specified method of construction. The Contrador shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contrador is responsible for the execution of the Work. .06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation 213/91 (which regulates Construdion Projects) and any other regulations under the Ad (the "Regulations1 which may affect the performance of the Work, as the "constructor" or "employer", as defined by the Act. as the case may be. The Contrador 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 Contrador's office within the Working Area, or. in the absence of an office, in the possession of the supervisor ":,responsible for the performance of the Work; ; d):workers employed to carry out the Work possess the knowledge, skills and protective devices "required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and f) all Subcontractors and their employees are 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 shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contrador 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 performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Ad. and the Regulations. Page 28 OPS Gene,., Conditions cf Contr8ct - SepeeI,lber 1999 ~J . .j J J .J J J j j \ j I J J J j j .l J J J II. .. ... .. .. ... .10 ... .11 I.. .12 .. .13 .. ... .08 Prior to commencement of the Work the Contrador 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 produds controlled under WHMIS shall be labelled. The Contrador shall notify the Contrador 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 Contrador's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names;' addresses.. positions and telephone numbers of the Contrador's representatives who can be contacted at any time to deal with matters relating to the Contract The Contractor'shall,,'at no. additional cost to the Owner, furnish aU reasonable aid,' facilities and assistance required by the Contrad Administratorforthe:-proper inspection and examination of the Work or the' taking of measurements for the purpose.ot: payment ' The Contractor shall prepare, and update as required, a construction"schedule1ndicating the timing of the "major and critical activities of " the Work. . The schedule'shall be designed to ensure conformity with the specified Contrad Time. The schedule shall be submitted to the Contract AdO)inistrator within 14 Days from the date of the Contract award. Where the Contractor finds any error, inconsistency or omission relating to the Contract. the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affeded until receiving direction from the Contrad Administrator. The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contrador's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01a). GC 7.02 Layout .. .01 Prior to commencement of construction, the Contract Administrator and the Contractor will locate on site those property bars, baselines and benchmarks which are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings. The Contrador shall be responsible for the preservation of all property-barS-while the Work is in progress, except those property bars which must be removed toJacilitate:.the Work. Any other property bars distUrbed, damaged or removed by the Contractor's operations shall be replaced by an Ontario Land Surveyor, at the Contractor's expense. 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. The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contrador shall notify the Contrad Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. The Contrador shan 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. .. .02 ... .03 .. .04 ... .05 ... .. ... OPS GenerII CondItIona ~ COnnct - SeptMlber 1999 Page 29 .06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contrad Administrator. .07 All stakes, marks and reference points provided by the Contrad Administrator shall be carefully preserved by the Contractor. In the case of their destruction or removal as a result of the 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 Contrador 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, -,flimove the cause of such damage to the satisfadion of the Contrad 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 permit 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 Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris, other than that caused by the Owner or others. GC 7.06 Maintaining Roadways and Detours .01 Where an existing Roadway is affected by construction, It shall be kept open to traffic, and the Contractor shall, except as otherwise provided in this subsection. be responsible for providing and maintaining for the duration of the Work. a road through the Working Area, whether along an existing Hignway, including the road under construction, or on detours within or adjacent to the Highway, in accordance with the MUTCD. .02 :f,bi4Contractor 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 Contrad Documents provide for or the Contrad 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 CondMlona of Contract - September 1899 . ~.j . -.j J 'j J J j J j j J .J J J J J J 4 J III ... .. ... .. .. .. ill .. .. .05 The Contrador shall maintain, in a satisfactory condition for traffic, a road through the WorKing Area, at the Owner's expense. The road through the Wor1<ing Area will indude any detour constructed in accordance with the Contract Documents or required by the Contrad Administrator. Compensation for all labour, equipment and materials to do this work shaD be at the Contrad 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 induded in the prices bid for the various tender items and no additional payment will be made. .06' Where work under the 'Contrad is discontinued for any extended period induding 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 construds a detour which is, not specifically provided for in the Contract Documents; or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense., .The detour shall be constructed and maintained to structural' 'andgeometricstandards"':ap~Y.ed by the Contract Administrator. Removal and site restoration shall be performect:as..directed by the Contract Administrator. .08 Where, with' the prior written approval of the Contrad Administrator, the, Highway is closed and the 'traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner,'supply, 'erect and maintain'traffic control devices in accordance with the MUTeD. .09 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsectionGC 6.01;' Protection 'of Work. Persons' and . Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the WorKing Area that are being maintained by others. GC 7.07 Access to Properties Adjoining the Work and Interruption of UtIlity Services ... .01 .. .02 .. .03 III i -.. II. .... \ .. ... The Contractor shall provide at all times, and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Wor1<ing Area. 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. Where any interruptions in the supply of Utility services are 'requirect and ,are authorized by the Contract Administrator, 'the Contractor shall give the affeded 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 Permits .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 dosing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01. OPS General Conditions ~ Contr8ct - September 1999 Page 31 GC 7.09 Suspension of Work .01 The Contrador shall, upon written notice from the Contrad Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, will be administered according to subsection GC 3.08, Delays. GC 7.10 Contractor's Right to Stop the Work or Tennlnate 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 Contrador may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. I .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 ad or fault of .;~ Contrador or of anyone direcUy employed or engaged by the Contrador,Jhe Contractor may, '~l:'l 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 Contrad Administrator, that the Owner is in default of contractual obligations if, a) the Contrad 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 Contrad 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 Contrador'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 Contrador may have, stop the Work or tenninate the Contract. .05 If the Contrador 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 Contrador. may sustain as a result of the termination of the Contract. GC 7..11 Notices by the Contractor .01 aetore work is carried out which may affect the property or operations of any Ministry or agency of gOvernment or any person, company, partnership or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents, the Contrador 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. Page 32 OPS o.n..I CondItIona cf Contnlc::t - SepfIember 1999 . ~.J , '-J J j J J J J J J j j J J J j J ~ J .. .. , ... l.. .. .. .. .. f .. .. Ii. .. .. ... .. .. - ... .. GC 7.12 Obstructions .01 Except as otherwise noted in these General Conditions, the Contrador assumes all the risks and responsibilities arising out of any obstrudion 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 theobstr'uction is.a Utility or other man-made object. the Contrador shall not be required to assume the risks 'and responsibilities arising out of such obstruction, unless the location of the " obstruction is shown on the plans or described in the specifications and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contrador in accordance with these General Conditions. .03 During the course of the Contract. it isthe',Contractor's~responsibility.to:'COIlsult-:With Utility companies , . or other appropriate. authorities for further;information.in . regard :to,the. exact,ioCation .of these Utilities, to exercise the necessary care in conslruction'operations;"andio "take 'such-other precautions as are necessary to safeguard the Utility from damage. GC 7.13 Umltations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfadory condition, the Contractor shall not carry on operations under the Contract on Sundays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contrador shall remove surplus. materials, , tools, construction machinery and equipment not required for the performance of the rema,ning Work. The Contrador 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-untilthe-COntractor has removed surplus materials, tools, construction machinery. andequipmenl The Contrador shall also have removed debris, other than that caused by the Owner, or others. ' ' GC 7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work which appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or OPS GentnI Conditions ~ Contract - SepIiIrnber 1999 Page 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 Contrador shall corred or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. ,4..~ -;!....~ !'/~~ .~~, -.,..,. , I"'.~ .L".-\!,~- ~~,''''- ,. .- P8ge 34 OPS General CondItIona cf Connc:t - Septamber 1999 . ~.j -oJ' .. i j J J J J J j j J j J J J J J ,~ ., J .. .. SECTION GC 8_0 - MEASUREMENT AND PAYMENT ... GC 8.01 GC 8.01.01 Measurement Quantities " ... .01 The Contrad 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 performed since the Contractor commenced the Contract, and every subsequent estimate; except the final one, will be of the quantity of Work performed since the preceding estimate was made. The ContradAdministrator will provide the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final " quantities for the issuance of the Completion Certificate shall be based on the measurement of Work , completed. .03 Measurement of the quantities of the;Work: perfonned'wiU be:either;'by<'ActuaI Measurement or by Plan' Quantity principles as indicated 'in the" Contract,... Adjustments ,to...PIarr etmntity measurements will normally be made using Plan Quantity principles but may, where approJ>riate, 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 Adual Measurement .. .. .. ... Ii. GC 8.01.02 Variations in Tender Quantities .. .01 Where it appears that the quantity of Work to be done 'and/or Material to be supplied by the Contractor under a unit price tender item will exceed or be less than the tender quantity, the Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made for the actual amount of Work done and/or Material supplied - at the unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work performed and/or Material supplied by the Contractor exceeds the tender quantity by more than 15%, either party to the Contrad 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'ofWork 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 actuakoverheads'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 uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contracto(s senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the. unit price on the amount of the underrun in excess of 15% of the tender quantity will be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Certificate. II. .. II. II. ... ... GC 8.02 GC 8.02.01 Payment Price for Work ... .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment and Materiar shall include Hand Tools, supplies and ... other incidentals. OPS o.ner.I Conditions ~ Contract - September 1999 Page 35 ... .02 Payment for work not specifically detailed as part of anyone item and without specified details of payment will be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .01 The Owner will make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following 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 Contrad 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 Contrad price for each aggregate stockpiled. ,i;~'ii. - Commercial Sources -'-!'! ,:;: Payment for separated coarse and fine aggregates will be considered at ~e above rate when - ".;;' such materials are stockpiled at a commercial source where further processing Is to be carried out before incorporating such materials into a final product. AdvanCe payments for other materials located at a commercial source will not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract. shall be based on the invoice price, and the Contraclor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for all 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 Contrad 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 Contrador 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 determined when the material meets the requirements of the appropriate specification. GC 8.02.03 Certification and Payment .. GC 8.02~03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied will be calculated once a month by the Contrad Administrator in accordance with the Contract Documents and, clause GC 8.01.01, Quantities. .02 The progress Payment Certificate will show, a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Materials; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of GST as applicable; and f) the amount due the Contrador. Page 36 OPS 0eneraI Condllona cf Contnlct - September 1899 . ;.:J , - ~.J j J J J J .J J J ~ J J J J J J J J .. ..' .03 One copy of the progress Payment Certificate will be sent to the Contractor. .. .04 Payment will be made within 30 Days of the Cut-off Date. .. .01 .. .02 .. .03 .. .. ~ .. .. ... .. ... .... ... ... \ ... ... GC 8.02.03.02 Certification of Subcontract Completion Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfadorily and ask that the Contract Administrator certify the completion of such subcontract. The Contrad Administrator will. issue a Certificate of Subcontract Completion if the subcontrad has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontrad have been carried out and the results are satisfactory. . The 'Contract Administrator will set out in the Certificate ofSubcontractCampletion the date on which the subcontradwas completed and within'7 Days. of:the datethe:subconb'actJs certified complete, the Contract Administrator will give a coPy'ofthecertificate'to',the:Contractor-and:to the Subcontrador concemed. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01 Following receipt of the Certificate of Subcontrad Completion, the Owner will release ,and pay the Contrador the statutory holdback retained in respect of the subcontract., Such release shall be made 46 Days after the. date the subcontrad.was certified complete and providing;the Contradorsubmits 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 Contrad Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; c) . a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and d) a copy of the contract between the Contrador 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 'shaIHorthwithgive.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 Contrador'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 Contrad has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. .02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which the Contrad was substantially performed and within 7 Days after signing the said certificate the Contrad 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 GenefaI CondltIona ~ Contract - Sel*rnber 1999 Page 37 .04 Where the Contrador 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 Contrador's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GC8.02.03.05 Substantial Perfonnance Payment and Substantial Perfonnance Statutory Holdback Release Payment Certificates .01 When the Contrad Administrator issues the Certificate of Substantial Performance the Contract - Administrator will also issue the Substantial Performance Payment Certificate and the Substantial f)erformance StaMory Holdback Release Payment Certificate or where appropriate, a combined ;~nt certificate. - .~....... ...- -, - . .~,~ .02 .':;J1~ Substantial Performance Payment Certificate will s.how, af'the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; -. c) the amount of the statutory holdback. aUowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontrads 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 Contrador 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 staMory declaration in a form satisfadory to the Contract Administrator that all liabilities incurred :,~by the Contrador and the Contractor's Subcontractors in carrying out the Contrad have been < diScharged except for statutory holdbacks proper1y retained; , c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and coEproof of publication of the Certificate of Substantial Performance. ,"^' GC 8.02.03.06 Certification of Completion .01 Upon application by the Contrador, 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 Contrad Administrator will provide a ~py to th~ Contrador. Page 38 OPS GenenII Condltlo"s ~ Contract - September 1999 . ~j , v ~J J J J J j j j .J J j J J j .J J ~ J ... ... GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates When the Contrad Administrator issues the Completion Certificate, the Contrad Administrator will also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. ... .01 .. .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 vakJe 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 Contrador. .. .03 The Completion Statutory Holdback Release.PaymenLCertificate ,will ~;~a, payment certificate 'releasing to. the Contrador'the' further statutory 'holdback:" Payment.Of.suctl~statutory holdback shall be due 46 Days after the date of CompletiOn'ioftheWorkasestablished;by;:the:CompletionCertificate 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 satisfadory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration in a form satisfactory to the .Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in canying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfadOry Certificate of Clearance from the Workplace Safety and Insurance Board. -- ... ... GC 8.02.03.08 Interest ... .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest GC 8.02.03.09 Interest for Late Payment ... .01 Provided the Contrador has complied with the requirements of the Contract including all documentation requirements, when payment by the Owner to the Contrador 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.:ifpayment: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 subcontrad was completed; c) Subcontrad 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 Contrad 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 Contrador has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest will only begin to accrue when the Contractor has completed those requirements. ... .. -.. .. ... \ ... OPS GerMnl Conditions ~ Contrac::t - September 1999 Page 39 ... Page <CO OPS GenerIII CondItIona cf Contract - September 1999 >J a '~'J' 'J .,' J j J J J J J J J j j j .J J .J ~ J 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. ...... .,,'. .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 ; 1(Y.tlere ... a Contractor fails to comply with the 3O-day time limit and the procedures prescribed in . ~ragr:aph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period. --~'. ". .........:"!'" GC 8~02:03~11 Owner's Set-off .01 . Pursuant to Section 12 of the Construction Uen Act, the Owner may retain from monies owing to the Contrador under this Contrad an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractor's insurer. undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace 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 adion. 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 GC8~~~01 Payment on a TIme and Material Basis Definitions .01 Fo.t!the purpose of this clause the following definitions apply: ....011I\"':"" . 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. .. .. .. ... ... ... -- .... ... .. .. .. .. .. ... .. 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 forming part of the Contractor's normal labour 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/ots and includes all work incidental thereto other than work on structures. Sewer and Watennain Work: means the preparation, construction, finishing and construction maintenance of sewer systems and watermain systems,' and includes all work incidental thereto other than work on structures. Standby.TIme: "means any'period of time Whichis'not-considered'Working;T~d which together with the Working Tme does not exceed 10 hour5"in,any:one;Working;Oay.and',during which time a unit of equipment cannot. pradically be used on other:..work-butmustremain:on .the-site:in order to .continue with its assigned task and during which time the unit is in fully operable condition. Structure Work: means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel or' retaining wan and the installation of equipment and appurtenances incidental thereto. The 127 Rate: means the rate for a unit of equipment as listed 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 'TIme -and Material Basis: means Changes in the Work, Extra Work and Additional Work approved by the Contrad 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~proceedingand 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 isina fully operable condition. -. GC 8.02.04.02 Daily 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 Tme and Material project, shall be' reconciled and signed each day by both the Contractor's representative and the Contract Administrator. GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the .. commencement of the Work on a Tme and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. .. ... OPS General Condltlona ~ Contract- September 1999 Page 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 projed at 120% of the ;;1GQstof the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of ":$iboO. ' .,~' GCS:02:04.06 Payment for Equipment GC 8.02.04.06.01 Working Time .01 The Owner will pay the Contractor for the Working Time of all equipment 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 adjustment as follows: a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess 01$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 Tme of Rented Equipment used on the Work on a Tme and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment .03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Tme and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the equipment on the Work on a. Time and .. Miterial Basis. GC 8~02104~06.02 ;"'., Standby Time .01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by , the Contract Administrator. This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Tme and Material Basis. .02 In addition, the Owner will include the Cost of labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contrad 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. Page 42 OPS General CondItIons at Canna - September 1999 , ~'j , · ~'J '1 'J J J J J J J j J J j J J J j j J .. ... .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 ... resped 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. 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 perfonned by Subcontractors., on ,a. Time . and"Material.basis.,.and..,has~ived ~apprpval.prior to the commencement. of,' such '. work; -:in accordance with.~.:.tbEh...requil:ements~;ofiiSubsectiOn.~ GC. 3.10, . SubContracting by the" Contractor," the" Owner wiD pay the 'cost;of,Work..onoa'.;Tune(and.1Material Basis byihe SubcontractOr calculated-asif the .Contractor had'donetbe.Work.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 markupwsl be applied regardless.of.the extent to which.the work is assigned or sublet to 'others. If work is:assignedor. 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 Time and Material Basis. the Contractor .shall.provide,the applicable , labour and Equipment rates not already submitted to. the Contrad Administrator during the course of such work. II. .02 ,Separate-summaries shaD be'completed by the Contractor according to the standard fo01l."Summary , . for Payment of Accounts on a Tune.and Material Basis". Each summary shall include the order number and covering dates of the work and shall itemize separately labour, Materials and Equipment . Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis stu[lllbe induded with each-summary.~.c.c.,,:, ,;.'-,...,_.;. .,;, Each month .the .ContradAdministratorwill include, with- the,monthly~pt:qI~ .~yrne~ ~~cate, the costs of the Work on a Tme and Material Basis incUrred during the prececting month all in " accordance with the contrad administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. The final "SummarY for Payment of Accounts on a Tune and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.05 Final Acceptance Certificate .. .01 After the acceptance of .the .Work ,the Contrad Administrator will issue the Final AcCeptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. .. ... OPS Gener8I Condltlona ~ Connc:t . September 1999 P8ge43 ... Page <44 OPS. Gener.I Condltlona cf Connct . September 1999 .~' J , .~ J J J J J J J J J .J j j j j j J J J 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 Subcontrador or other person on the Work is paid less than the amount required to be paid under the Contract. the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detaD 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 Contrador shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work. Extra Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the labour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day. .03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract. The Contractor shall supply , certified copies of any part of its Records required whenever requested by the Owner. GC 8.02.08 Taxes and Duties .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner will increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contrad Administrator on forms provided by the Contrad Administrator to the Contractor. Such claims for additional tax costs shan be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contrad 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 subjed to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour and the supply of commodities. which do not form part of the Work. .. ... .. GC 8.02.09 Liquidated Damages .01 When liquidated damages are specified in the Contract and the Contrador fails to complete the Work in accordance with the Contract the Contractor shan pay such amounts as are specified in the __ Contract Documents. ... .. ... .. ... ... .. .. .. .. .. .. .. .. .. OPS Genera' CondltJona d Contract. Septembel' 1899 Page <45 ..-