HomeMy WebLinkAbout2006-147
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006-147
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Boyle
Excavating Ltd., Bowmanville, Ontario, to enter into agreement
for the COMRIF Structures - Replacement of The Geo. A.
Stephen Bridge, Cedar Park Road Bridge and Concession
Road 6 Culvert.
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, Boyle Excavating Ltd., Bowmanville, Ontario, and said
Corporation; and
2. THAT the cO'"!tract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 26 day of June ,2006.
By-law read a third time and finally passed this26 day ofJune ,2006.
John rlf~
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THE MUNICIPALITY OF CLARINGTON
REPLACEMENT OF
THE GEO. A. STEPHEN BRIDGE,
CEDAR PARK ROAD BRIDGE AND
CONCESSION ROAD 6 CULVERT
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CONTRACT NO. CL2006-29
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MAY 2006
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architects
planners
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TSH No. 12-10801,29419,29496
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: BOYLE EXCAVATING LTD.
of the Regional Municipality of Durham 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.
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Municipality ofClarington Contract No. CL2006-29, Replacement of the Geo. A. Stephen Bridge,
Cedar Park Road Bridge and Concession Road 6 Culvert
ADDENDUM NO. I dated June 5, 2006
A. TENDER FORM: General Pages 1 and 2
Itemized Bid Pages 3 to 9
Bonds
Schedule of Tender Data Page 9
B. STANDARD TERMS AND CONDITIONS Page 1 to 9
C. SCHEDULE C - CONTRACTOR SAFETY
D. INSTRUCTIONS TO TENDERERS Pages 1 to 4
E. SPECIAL PROVISIONS - GENERAL Pages 1 to 14
F. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 19
G. STANDARDS
H. PLANS: Drawings No. AI, A2, A3, Bl, B2, B3, Cl, C2, C3
I. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications, Municipality of Clarington and
Region of Durham Standard Specifications revised March 2004.
OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date
102 Oct 92 206 Nov 05 514 Nov 05 572 Nov 03
127 Current 314 Nov 04 518 Apr 99 902 Nov 02
128 Current 421 Apr 99 543 Dec 90 903 Nov 02
180 Current 501 Feb 96 552 Nov 02 904 Jan 95
182 Nov 00 510 Nov 04 555 Apr 03 905 May 94
201 Nov 03 511 Nov 04 570 Aug 90 914 Mar 98
J. GEOTECHNICAL INVESTIGATION (Borehole Logs)
K. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
All plans and documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in
accordance with this agreement on or before Friday, September 29, 2006.
IN CONSIDERATION WHEREOF said party ofthe second part agrees to pay to the Contractor
for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
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SIGNED and sealed by the Contractor: BOYLE EXCA V A TING LTD.
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in the presence of
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Date
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SIGNED and sealed by the Purchaser: CORPORATION OF
THE MUNICIP ITY OF CLARINGTON
in the presence of
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CONTRACT NO. CL2006-29
MUNICIPALITY OF CLARINGTON
Page I of3
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REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE, CEDAR PARK ROAD BRIDGE
AND CONCESSION ROAD 6 CULVERT
ADDENDUM NO.1
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Contractors are hereby advised of the following modifications to Contract No. CL2006-29
A.
DRA WINGS
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i) Drawing No. B2 - Clarification:
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Rock protection under the bridge is required only where indicated in Section No. I.
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ii) Drawing No. C2 - Genera] Notes - Revise first paragraph under Corrugated Steel Pipe section to read
Corrugated steel pipe shall be 3.5 mm thick, 68 mm x 13 mm corrugations.
B. SPECIFICATIONS
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ITEMIZED BID
The following Items are revised to read:
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Item No. Spec. No. Description Unit Quantity Unit Price Total
AI9 SP Bridge Plaques ea I 2,500.00 2,500.00
A20 SP Relocation of COMRlF LS 1,000.00
Notification Sign
B28 3]4,501 Temporary Access Road LS 20,000.00
SP Maintenance
CI5 SP Bridge Plaques ea ] 2,500.00 2,500.00
CI6 SP Relocation of COMRIF LS 1,000.00
Notfication Sign
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ii) SPECIAL PROVISIONS - TENDER ITEMS
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Site Preparation - Item No. 81
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There are two Bell lines lying in the water approximately 5 m upstream of the Bridge. During the
Contractor's dewatering process, the Utility company will lower these cables sufficiently to allow
construction to proceed. The Contractor shall allow the Utility Company to complete this work and
shall provide a schedule to the Contract Administrator at least one week in advance of when the
location(s) will be dewatered.
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CONTRACT NO. CL2006-29
MUNICIPALITY OF CLARINGTON
Page 2 of 3
ADDENDUM NO.1 (Cont'd.)
Rock Protection - Items No. A12, B14, Cl1
The last sentence of the second paragraph shall be revised to read as follows:
Rock shall fulfill the following gradation requirements:
Parts 'A' and 'c'
Part '8'
RT AC Class I
RT AC Class II
River Run Stone - Item No. B15
The following requirement is included under this Item:
Upon completion of the placement of the armour stone and crib wall structures a strip of river stone I
m in width and 0.15 m in depth shall be placed in front of each structure to cover any disturbed
streambed area resulting from excavations. Also place river-stone over the disturbed channel bed
resulting from Bell Cable relocation and removal of the sediment bar. (Increase in the areas of
application 27m2).
Steel Sheet Pile Cut-ofT Walls -Item No. C20
In the fourth paragraph the word "curing" is revised to read "cutting".
COMRIF NOTIFICA nON SIGN & RELOCATION OF COMRIF NOTIFICATION SIGN - ITEM NO.
A20. 825. C16
This Item is revised to read as follows:
Under these items, the Contractor shall supply all labour, materials and equipment to erect and maintain the
COMRIF notification sign on the Part 'B' construction site during construction. The Contractor shall have the
sign fabricated in accordance with the Canada - Rural Municipal Infrastructure fund (COMRlF) program
guidelines, and all details shall be approved by the COMRlF joint secretariat and the Contract Administrator prior
to fabrication.
The Contractor shall construct wood sign support posts 3.6m long each and two cross braces at the top and bottom
of the sign - all lumber shall be 2" x 4"; install and erect the project sign on sign support in the locations directed
by the Contract Administrator; maintain sign during construction period, and removal of signs and return to
Municipality of Clarington's works yard after thirty day period following construction. The sign shall be
relocated to locations at the Part' A' and 'c' sites when directed by the Contract Administrator. The relocation
will be required once only for Part "A" and C. The sign shall be 120 cm high by 240 cm wide.
Payment for these items at the Contract price bid shall be payment in full for all labour, equipment and materials
necessary to do the work.
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CONTRACT NO. CL2006-29
MUNICIPALITY OF CLARINGTON
Page 3 of 3
ADDENDUM NO.1 (Cont'd.)
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All tenders must be submitted on the basis of these modifications.
This Addendum shall remain attached to and form part of all tenders submitted.
L.
TSH
Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 5G6
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June 5, 2006
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P: 12-1 080 I /specs/I 080 I-ADD I.doc
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P/l 080 IISpecs12 1 630- TF-Signing.doc
TENDER FOR CONTRACT NO. CL2006-29
REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE OVER
SOPER CREEK, CEDAR PARK ROAD BRIDGE OVER
BOWMANVILLE CREEK TRIBUTARY AND CONCESSION
ROAD 6 CULVERT OVER SOPER CREEK TRIBUTARY
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
BOYLE EXCA V A TING LTD.
Name
2663 Con. Rd. 8
Bowmanville. Ontario. L 1 C 3K6
Address (include Postal Code)
905-263-2226
Telephone and Fax Numbers
905-263-2070
Dave Boyle
Name of Person Signing
President
Position of Person Signing
Ms. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
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TENDER CONTRACT NO. CL2006-29
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2006-29
Replacement Of The Geo. A. Stephen Bridge Over Soper Creek, Cedar Park Road Bridge Over
Bowmanville Creek Tributary And Concession Road 6 Culvert Over Soper Creek Tributary
Dear Mayor and Council:
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as
part of the work to be done under this Contract. The Contractor understands and accepts the said Plans,
Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all
machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in
the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and
Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are subject to
increase, decrease, or deletion entirely if found not to be required.
Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made
payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the
Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100%
Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of
receipt of Notice of Acceptance of the Tender.
Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed
to the Contractor at the address contained in this Tender.
Page 2 of 9 pages
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ITEMIZED BID
CONTRACT NO. CL2006-29
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2006-29 for the following unit prices.
Spec. No.
SP
(P)
RMDSS
MOC
The numbers in this colunm refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
Municipality of Clarington Design Guidelines and Standard Drawings
Item No. Spec No. Description Unit Quantity Unit Price Total
PART 'A': REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE OVER SOPER CREEK
Al 201,206, Site Preparation LS 4,986.20
510, 902
SP
A2 182,518, Unwatering and Siltation Control LS 101,233.00
902
SP
A3 206,510, Removal and Disposal of Existing LS 10,578.20
902,928 Structure
SP
A4 206,501 Earth Excavation (Grading) m3 325 18.60 6,045.00
SP
A5 902 Earth Excavation for Structure m3 34 18.60 632.40
SP
A6 904,905 Concrete in Bridge Foundations 3 6 1,650.40 9,902.40
m
SP
A7 904, 905, Precast Concrete Frame LS 89,857.60
909
SP
A8 904,905 Concrete in Deck Topping LS 28,550.00
SP
A9 314,501 Granular Backfill to Structure LS 15,400.00
SP
A10 314,501 Granular' A' t 190 22.00 4,180.00
SP
All 314,501 Granular 'B' t 420 14.00 5,880.00
SP
A12 511 Rock Protection LS 7,800.00
SP
A13 SP Annourstone Retaining Wall t 132 166.00 21,912.00
A14 570 1Lopsoil(Innported) m2 200 9.00 1,800.00
SP
A15 572 Seed and Erosion Control Blanket m2 200 8.00 1,600.00
SP
A16 552 Steel Thrie Beam Guide Rail m 34 274.00 9,316.00
SP
A17 552 Steel Beam Guide Rail m 114 157.00 17,898.00
A18 555 Eccentric Loader End Treatment each 4 4,311.00 17,244.00
I I
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ITEMIZED BID
CONTRACT NO. CL2006-29
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2006-29 for the following unit prices.
Spec. No.
SP
(P)
RMDSS
MOC
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
Municipality of Clarington Design Guidelines and Standard Drawings
Item No. Spec No. Description Unit Quantity Unit Price Total
A19 SP Bridge Plaques each 1 2,500.00 2,500.00
A20 SP COMRIF Notification Signs LS 1,000.00
A21 577 Light Duty Silt Fence m 160 21.00 3,360.00
SP
Total Part 'A' (Carried to Summary) 361,674.80
PART 'B': REPLACEMENT OF THE CEDAR PARK ROAD BRIDGE OVER
BOWMANVILLE CREEK TRIBUTARY
Bl 201,206, Site Preparation LS 4,986.20
510,902
SP
B2 182,518, Unwatering and Siltation Control LS 24,479.60
902,SP
B3 206, 510, Removal and Disposal of Existing LS 11,650.00
902,928 Structure
SP
B4 206,501 Earth Excavation (Grading) m3 920 18.60 17,112.00
SP
B5 902 Earth Excavation for Structure m3 53 18.60 985.80
SP
B6 903 Supply Equipment For Installing LS 6,990.00
Caisson Piles
B7 903, 904, Concrete Caisson Piles M 23 759.80 17,475.40
905,SP
B8 904,905 Concrete in Footings m3 19 1183.40 22,484.60
SP
B9 405, 904, Precast Concrete Frame LS 77,753.70
905,909
SP
BIO 904,905 Concrete in Deck Topping LS 33,443.00
SP
Bll 314,501 Granular Backfill to Structure LS 5,600.00
SP
B12 314,501 Granular 'A' t 590 22.00 12,980.00
SP
B13 314,501 Granular 'B' t 1,215 14.00 17,010.00
SP
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ITEMIZED BID
CONTRACT NO. CL2006-29
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2oo6-29 for the following unit prices.
Spec. No.
SP
(P)
RMDSS
MOC
The numbers in this colunm refer to the applicable issue of the Ontario Provincial StandJml Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
Municipality of Clarington Design Guidelines and Standard Drawings
Item No. Spec No. Description Unit Quantity Unit Price Total
Bl4 511 Rock Protection LS 7,800.00
SP
Bl5 511 River Run Stone LS 13,600.00
SP
Bl6 SP Armourstone Retaining Wall t 95 166.00 15,770.00
Bl7 914 Asphalt Membrane Waterproofing m2 62 12.00 744.00
Bl8 310 Hot Mix HL-4 t 15 357.70 5,365.50
SP
B19 570 Topsoil (Imported) m2 500 9.00 4,500.00
SP
B20 572 Seed and Erosion Control Blanket m2 500 8.00 4,000.00
SP
B21 552 Steel Thrie Beam Guide Rail m 23 238.00 5,474.00
SP
B22 552 Steel Beam guide Rail m 175 157.00 27,475.00
B23 555 Eccentric Loader End Treatment each 3 4311.00 12,933.00
B24 SP Bridge Plaques each 1 2,500.00 2,500.00
B25 SP COMRIF Notification Signs LS 100% 4,250.00 4,250.00
B26 SP Live Crib Wall m 10 1491.00 14,910.00
B27 SP Plant Material each 10 46.60 466.00
i) Red Osier Dogwood
ii) Beaked Willow each 84 46.60 3,914.40
B28 314,501 Temporary Access Road LS 100% 20,000.00 20,000.00
SP Maintenance
B29 577 Light Duty Silt Fence m 100 21.00 2,100.00
SP
Total Part 'B' (Carried to Summary) 398,752.20
PART 'C': REPLACEMENT OF THE CONCESSION ROAD 6 CULVERT OVER SOPER
CREEK TRIBUTARY
C1 201,206, Site Preparation LS 4,787.00
510,902
SP
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ITEMIZED BID
CONTRACT NO. CL2006-29
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2006-29 for the following unit prices.
Spec. No.
SP
(P)
RMDSS
MOC
The numbers in this colunm refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
Municipality ofClarington Design Guidelines and Standard Drawings
Item No. Spec No. Description Unit Quantity Unit Priee Total
C2 182,518, Unwatering and Siltation Control LS 20,868.00
902
SP
C3 206,510, Removal and Disposal of Existing LS 6,077.00
902,928 Structure
SP
C4 206,501 Earth Excavation (Grading) m3 335 18.60 6,231.00
SP
C5 902 Earth Excavation for Structure m3 30 18.60 558.00
SP
C6 314,501 Clear Stone Bedding to Culvert t 33 41.00 1,353.00
SP
C7 421,503, Twin 1880 X 1260 mm Corrugated LS 16,625.00
514,SP Steel Pipe Arch Culverts
C8 314,501 Granular Backfill to Structure LS 33,600.00
SP
C9 314,501 Granular' A' t 95 22.00 2,090.00
SP
ClO 314,501 Granular 'B' t 195 14.00 2,730.00
SP
Cll 511 Rock Protection LS 7,800.00
SP
C12 511 River Run Stone LS 11,600.00
SP
C13 570 Topsoil (Imported) m2 150 9.00 1,350.00
SP
C14 572 Seed and Erosion Control Blanket 2 150 8.00 1,200.00
m
SP
C15 SP Bridge Plaques each 1 2,500.00 2,500.00
C16 SP COMRIF Notification Signs LS 1,000.00
C17 SP Precast Concrete Block Fishway m 6.9 4,514.00 31,146.60
C18 SP Boulder Vortex Weir LS 4,591.00
C19 SP Plant Material each 25 46.60 1,165.00
i) Red Osier Dogwood
C20 903 Steel Sh~et Pile Cut-offWalls m2 40 181.00 7,240.00
SP
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ITEMIZED BID
CONTRACT NO. CL2006-29
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2oo6-29 for the following unit prices.
Spec. No.
SP
(P)
RMDSS
MOC
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Regional Municipality of Durham Standard Specifications
Municipality ofClarington Design Guidelines and Standard Drawings
Item No. Spec No. Description Unit Quantity Unit Price Total
C21 577 Light Duty Silt Fence m 185 21.00 3,885.00
SP
C22 310 Hot Mix H.L.-4 t 30 1,387.50 41,625.00
SP
Total Part 'C' (Carried to Summary) 210,021.60
PART'D': GENERAL ITEM
DI SP Bonds, Insurance and Maintenance LS 27,261.00
Security
Total Part 'D' (Carried to Summary) 27,261.00
SUMMARY -
Total Part 'A' - Total Construction for Stephen Bridge 361,674.80
Total Part 'B' - Total Construction for Cedar Park Rd Bridge 398,752.20
Total Part 'C' - Total Construction Concession Rd. 6 Culvert 210,021.60
Total Part 'D' - General Item 27,261.00
Total (excluding GST) 997,709.60
GST (7% of Total) 69,839.67
TOTAL TENDER AMOUNT 1,067,549.27
Tenderer's GST Registration No.
P/I0801/SpecslI0801-ltem Bid Signing.xls
Page 7 of 9 pages
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AGREEMENT TO BOND (to be completed bv Bondin2 Company)
CONTRACT NO. CL2006-29
Bond No. 64022420-03
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
BOYLE EXCA VA TING 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.CL2006-29 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 Kitchener
this
5th
day of
June
2006
THE SOVEREIGN GENERAL INSURANCE COMPANY
Name of Bonding Company
(BONDING COMPANY SEAL)
Signature of Authorized Person
Signing for Bonding Company
Craig Beaton. Attorney-in-fact
Position
(This Form shall be completed and attached to the Tender Submitted).
Page 8 of 11 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2006-29
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General Pages 1 and 2
Itemized Bid Pages 3 to 9
Agreement to Bond Page 8
Schedule of Tender Data Page 9
B. STANDARD TERMS AND CONDITIONS Page 1 to 9
C. SCHEDULE C - CONTRACTOR SAFETY
D. INSTRUCTIONS TO TENDERERS Pages 1 to 4
E. SPECIAL PROVISIONS - GENERAL Pages 1 to 14
F. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 19
G. STANDARDS
H. PLANS: Drawings No. AI, A2, A3, B1, B2, B3, C1, C2, C3
1. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications, Municipality of C1arington and Region
of Durham Standard Specifications revised March 2004.
OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date
102 Oct 92 206 Nov 05 514 Nov 05 572 Nov 03
127 Current 314 Nov 04 518 Apr 99 902 Nov 02
128 Current 421 Apr 99 543 Dec 90 903 Nov 02
180 Current 501 Feb 96 552 Nov 02 904 Jan 95
182 Nov 00 510 Nov 04 555 Apr 03 905 May 94
201 Nov 03 511 Nov 04 570 Aug 90 914 Mar 98
J. GEOTECHNICAL INVESTIGATION (Borehole Logs)
K. 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
No
By my/our signature hereunder, I1we hereby identify this as the Schedule of Tender Data, Plans and Specifications,
for Contract No. CL2006-29, executed by me/us bearing date the 8th day of June 2006 and we
have fully read all related documents to tender data . ted above.
SIGNATURE:
(CP~A~~~) : -,-
POSITION:; J>>iesident ;~: -
NAMEOFF~: BOYLEEXC
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Privacv Le2islatioD '_, ~ ,
Federal legislation governs the collection and use of personal information from individuals. We represent 8trc(wammffolhe owner that we
have obtained the CONSENT of any and all employees whose personal information we have supplied to the o~et'inthis 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 9 of9 Pages to be submitted as the Tender Submission for Contract No. CL2006-29
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-29
STANDARD TERMS AND CONDITIONS
P/12-1 0801/Specs/21631- T&C
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STANDARD TERMS AND CONDITIONS
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1.
DEFINITIONS
Municipality - The Corporation of the Municipality of Clarington, its successors and assigns.
Bidder - The person, finn or corporation submitting a bid to the Municipality.
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Company - The person, contractor, finn or corporation to whom the Municipality has awarded the
contract, it successors and assigns.
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Contract - The purchase order authorizing the company to perfonn the work, purchase order
alterations, the document and addenda, the bid, and surety.
Subcontractor - A person, finn 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
perfonn the work in accordance with the specifications contained in the document.
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Bid - An offer by a Bidder in response to the document issued by the Municipality.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be
done, furnished or perfonned 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 fonn(s) and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, Le. courier
envelopes or other coverings.
The bid must be signed by a designated signing officer of the Bidder.
If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
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The bid must be legible, written in ink, or typewritten. Any fonn of erasure, strikeout or over-writing
must be initialled by the Bidder's authorized signing officer.
The bid must not be restricted by a covering letter, a statement added, or by alterations to the
document unless otherwise provided herein.
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 dosing date and time will not be considered and will be returned, unopened.
Should a dispute arise from the tenns and conditions of any part of the contract, regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
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STANDARD TERMS AND CONDITIONS
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3. CONTRACT
The 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.
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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.
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4.
CLARIFICATION OF THE DOCUMENT
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Any clarification of the document required by the Bidder prior to submission of its bid shall be
requested through the Municipality's contact identified in the document. Any such clarification so
given shall not in any way alter the document and in no case shall oral arrangements be considered.
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Every notice, advice or other communication pertaining thereto will be in the form of a written
addendum.
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No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5.
PROOF OF ABILITY
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The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date.
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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.
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A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of
the delivery ticket or piece tally thereof.
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Work shall be subject to further inspection and approval by the Municipality.
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The Company shall be responsible for arranging the work so that completion shall be as specified in
the contract.
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Time shall be of the essence of the contract.
7.
PRICING
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Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract.
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Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to
the full requirements of the bid. No claims for extra work will be entertained and any additional work
must be authorized in writing prior to commencement. Should the Company require more
information or clarification on any point, it must be obtained prior to the submission of the bid.
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Payment shall be full compensation for all costs related to the work, including operating and
overhead costs to provide work to the satisfaction of the Municipality.
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STANDARD TERMS AND CONDITIONS
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All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other
charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax
shall be extra and not shown, unless otherwise specified herein.
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.
8.
TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work.
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.
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.
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.
The company shall pay all royalties and patent license fees required for the work.
If the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forthwith either secure for the Municipality the right to continue using the work or shall
at the company's expense, replace the infringing work with non-infringing work or modify it so that
the work no longer infringes.
10.
ALTERNATES
Any opinion with regard to the use of a proposed altemate 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.
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STANDARD TERMS AND CONDITIONS
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13. FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to request of the Company to fumish reasonable evidence that financial
arrangements have been made to fulfill the Company's obligations under the Contract.
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14.
LAWS AND REGULATIONS
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The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and its perfonnance. The company shall be responsible for ensuring
similar compliance by suppliers and subcontractors.
The contract shall be govemed by and interpreted in accordance with the laws of the Province of
Ontario.
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15.
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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.
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16.
BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions,
if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the
Municipality for its decision in this regard.
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Bids shall be irrevocable for 90 days after the official closing time.
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The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award
to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to
the extent described in the notice of award.
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17.
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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: tenninate the contract.
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b.
If the company: fails to comply with any request, instruction or order of the Municipality; or
fails to pay its accounts; or fails to comply with or persistently 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 tenns, 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, tenninate the contract.
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c.
Any tennination of the contract by the Municipality, as aforesaid, shall be without prejudice
to any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto.
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STANDARD TERMS AND CONDITIONS
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d.
If the Municipality tenninates 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).
18. CONTRACT CANCELLATION
The Municipality shall have the right, which may be exercised from time to time, to cancel any
uncompleted or unperfonned portion of the work or part thereof. In the event of such cancellation,
the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to
the Company for loss of anticipated profit on the cancelled portion or portions of the work.
19.
QUANTITIES
Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be
accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis
for comparison only.
Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
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.
Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
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 fonn of a certified cheque, bank draft or
money order or other fonn of surety, in an amount detennined by the Municipality. This surety may
be held by the Municipality until 60 days after the day on which all work covered by the contract has
been completed and accepted. The surety may be returned before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out
the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB -
Workplace Safety Insurance Board has been received.
The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy
fidelity bonding requirements by providing such bonding in an amount and fonn detennined by the
Municipality.
Failure to furnish required surety within two weeks from date of request thereof by the Municipality
shall make the award of the Contract by the Municipality subject to withdrawal.
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STANDARD TERMS AND CONDITIONS
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22. WORKPLACE SAFETY AND INSURANCE BOARD
All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety
and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status
as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing
from the Workplace Safety and Insurance Board shall be provided prior to the commencement of
work indicating all payments by the Company to the board have been made. Prior to final payment, a
Certificate of Clearance must be issued indicating all payments by the Company to the Board in
conjunction with the subject Contract have been made and that the Municipality will not be liable to
the Board for future payments in connection with the Company's fulfilment of the contract. Further
Certificates of Clearance or other types of certificates shall be provided upon request.
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For Independent contractors / Owners / Operators who do not have WSIB coverage, the following
shall be provided upon request by the Calling Agency:
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Single Independent Contractors / Owners / Operators shall provide a letter from the Workplace
Safety & Insurance Board confinning independent operator status and identification number. To
obtain this, contractors must complete the tonn "Detennining worker/Independent Operator status",
issued by the Workplace Safety & Insurance Board. (For more infonnation, please contact your
local Workplace Safety & Insurance Board Office and refer to this clause.)
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Single Independent Contractors / Owners / Operators must also provide a certificate from the
Workplace Safety & Insurance Board confinning they have purchased the optional WSIB coverage.
The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage.
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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.
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The policy shall include the Municipality as an additional insureds in respect of all operations
perfonned 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 hannless 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 hannless 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.
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25.
VISITING THE SITE
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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 tor extra payment will be allowed for work or difficulties encountered due to conditions of
the site which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respect.
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29.
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STANDARD TERMS AND CONDITIONS
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26.
SAFETY
The Company shall obey all Federal, Provincial and Municipal laws, Act, Ordinances, Regulations,
Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract
or to the Employees of the Company.
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.
The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied
Hazardous Materials.
27.
UNPAID ACCOUNTS
The company shall indemnify the Municipality from all daims arising out of unpaid accounts relating
to the work. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
28.
SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend performance by the company from
time to time of any part or all of the work for such reasonable period of time as the Municipality may
determine.
The resumption and completion of work after the suspension shall be govemed by the schedule
established by the Municipality.
CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
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.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)
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.
Offerers are reminded to identify in their proposal material any specific scientific, technical,
commercial, proprietary, or similar confidential information, the disdosure of which could cause them
injury. Complete proposals are not to be identified as confidential.
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
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STANDARD TERMS AND CONDITIONS
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background check including Criminal Code (Canada) convictions, pardoned sexual offences,
records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and
Food and Drugs Act and all outstanding warrants and charges for every individual who may come
into direct contract with youth or who are pennitted 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 fonn in advance of commencement of work.
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The Municipal issued identification card must be worn when individuals are at a site where there is
direct contact with youth or where access to any private or restricted area is anticipated. The
Municipal identification card is valid for the tenn of the contract only or a one year tenn, whichever
comes first. Under the tenns 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 tenninate the contract if the bidder/partner fails to obtain or renew
the Municipal identification cards according to Municipal policy and procedure.
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The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately
and unilaterally and without penalty to the Municipality should the service provider fail to provide
the required documentation or otherwise adhere to this procedure. "The Chief Administrative
Officer has the final say in detennining any final action."
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-29
SCHEDULE 'c'
CONTRACTOR SAFETY
P/12-1 080IlSpecslSchedule C-I 080 I ,doc
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE
POLICY:
Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all
safety concerns of the workplace and are aware of the safety requirements as required by the
Contractor under the Occupational Health and Safety Act. Safety performance will be a
consideration in the awarding of contract. Under the Occupational Health and Safety Act
(Section 23 (1), (2)), it is the constructor's responsibility to ensure that:
· 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
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.
Project Manager - means the municipal management representative who has responsibility for a
contract.
PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
a) Before beginning a project, the project manager or delegate must determine whether any
designated substances/hazardous materials are (or will be) present at the site and prepare
a list of all these substances.
b) The project manager or delegate must include, as part of the request for
tender/quotations, a copy of the above-mentioned list. The list of designated
substances/hazardous materials must be provided to all prospective constructors and/or
contractors.
c) The request for tender/quotations will require prospective contractors to include a list of
the designated substances/hazardous materials that will be brought onto the work site and
material safety data sheets.
d) Before awarding a contract, contractor(s) will be required to complete and sign the
Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain
all contractors safety performance records.
e) As part of the tender/quotation conditions, before award of a contract, the contractor will
be required to provide proof that all workers involved with the project have the proper
WHMIS training, as required by the Occupational Health and Safety Act.
f) As part of the tender/quotation conditions, before award of a contract, the contractor
must provide details of their Health and Safety program.
g) The project manager or delegate must provide the successful contractor with a workplace
orientation, which will include, but not limited to identifying known potential hazards,
hazardous material inventory and material safety data sheets for the sites. A workplace
orientation/Job Safety Instruction Checklist to be completed (see Compliance page 9).
h) Before the start ofthe assignment, the following documentation will be provided to the
successful contractor, by the project manager or delegate.
i) Copies of the Municipal Corporate Health and Safety Program
ii) Departmental health and safety policies
iii) Workplace procedures regarding health and safety practices.
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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 ifthere are any violations by the contractor of the Occupational
Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if
the contractor creates an unacceptable health and safety hazard. Written warnings and/or
stop work orders can be given to contractors using Contractor Health and Safety
Warning/Stop Work Order Form (Schedule "B").
k) Where applicable, the Municipality will retain the right to allow municipal employees to
refuse to work in accordance with the established policy and the Occupational Health
and Safety Act, in any unsafe conditions.
1) The Purchasing Department will maintain current certificates of clearance until all
monies owing have been paid to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the project
manager or designate. This will include identification, evaluation and control practices
and procedures for hazards and follow-up and issuing of Contractor Health and Safety
Warning/Stop Work Orders.
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
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.
In order to evaluate your company's health and safety experience, please provide the accident/incident
and/or Workplace Safety and Insurance Board (WSm) information noted below, where applicable.
· The New Experimental Experience Rating (NEER)
- The wsm experience rating system for non-construction rate groups
..............................................................................................
· The Council Amended Draft #7 (CAD-7) Rating
- The wsm experience rating system for construction rate groups
.............................................................................................
· Injury frequency performance for the last two years
- This may be available from the contractor's trade association
.............................................................................................
· 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).
· Confirmation of Independent Operator Status
- The wsm independent operator number assigned:
(Bidders to include the letter confirming this status and number from wsm with their bid
submission. )
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSffiILITY
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 ofthe 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 ofthe 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;
...........~~~~.. .............................................~~~..~.~.7:.~~.........
Signature of Contractor Date
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SCHEDULE(C)
CONTRACTOR SAFETY
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
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.
.. .1S0.v..?c.. 6.HCM. UY.V.. k:r.Q................ al!>:>. A.. D.9..Y..?.tE...........
Contractor Name of Person Signing for Contractor
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR HEALTH AND SAFETY W ARNING/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
DATE & TIME OF INFRACTION:
DESCRIPTION OF INFRACTION INCLUDING LOCATION:
ORDER GIVEN BY MUNICIPALITY:
DID THE CONTRACTOR COMPLY WITH THIS ORDER?
DATE & TIME OF COMPLIANCE:
ISSUED TO:
CONTRACTO~SEMPLOYEE TITLE
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
PART "C" - ADDITIONAL COMMENTS
THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS
SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME
WORK RESUMED, FURTHER ACTION TAKEN, ETC.
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MUNICIPALITY OF CLARINGTON
REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE OVER SOPER CREEK,
CEDAR PARK ROAD BRIDGE OVER BOWMANVILLE CREEK TRIBUTARY
AND
CONCESSION ROAD 6 CULVERT OVER SOPER CREEK TRIBUTARY
CONTRACT NO. CL2006-29
INSTRUCTIONS TO TENDERERS
Pit 0801/Specs/21632.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-29
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. UNACCEPTABLE TENDERS .......... ......... .......... .......... ............................. ......... ........ .............. ..... ...... ............. 2
7. ABILITY AND EXPERIENCE OF TENDERER............................................................................................... 2
8. PROVINCIAL SALES TAX.... .......... ....... ... .... ................. ................ ............. ....... ...... ..... .............................. ..... 3
9. GOODS AND SERVICES TAX (GST)............................................................................................................. 3
10. EXECUTE CONTRACT DOCUMENTS....... ........ ......... .......... ...... ......... ... ........... ............. ..... ........ ........ .......... 3
11. COMMENCEMENT OF WORK..... ............................... ..... ...... ....... ......... ....... .... ........ ...... .............. ...... ............ 3
12. LOCATION............................................................................................................................. ............................ 3
13. TENDERERS TO INVESTIGATE ........... ..... ...... ..... ........... ............. .......... ... ............ ..... ....... ........... ......... ......... 4
14. INQUIRIES DURING TENDERING .......... ...... ............. ..................... .... ......... ................. ........ ................. ........ 4
15. AWARD OF THE CONTRACT ......................................................................................................................... 4
16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.................. 4
17 . ADDENDA.......................................................................................................................... ..... ...... ..................... 4
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-29
1. GENERAL
SEALED Tenders, in the envelopes provided, plainly marked "Contract No. CL2006-29" will be
received until:
2:00:00 P.M. LOCAL TIME, THURSDAY, JUNE 8, 2006
and shall be addressed to:
Ms. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LtC 3A6
2. BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested shall
be shown in the tender, in the space provided.
3. TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount defined
below, made payable to the Municipality, as a guarantee for the execution of the Contract.
l'otalTender ABlount MbilinIlQl. Deposit
, R~ed
$ 20,000.00 or less $1,000.00
20,000.01 to 50,000.00 2,000.00
50,000.01 to 100,000.00 5,000.00
100,000.01 to 250,000.00 10,000.00
250,000.01 to 500,000.00 25,000.00
500,000.01 to 1,000,000.00 50,000.00
1,000,000.01 to 2,000,000.00 100,000.00
2,000,000.01 and over 200,000.00
All deposits will be returned within ten days after the Tenders have been opened except those which
the Authority elects to retain until the successful tenderer has executed the Contract Documents.
The retained tender deposits will be returned when the successful Tenderer has fully complied with
the conditions outlined in the Contract Documents.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-29
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 ofthe 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.
S. 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.
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.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-29
3.
8. PROVINCIAL SALES TAX
Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
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 60 days after the closing date. After this time
the tender may only be accepted with the consent ofthe 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 GC7.01.02 of the
General Conditions.
12. LOCATION
The work for the Geo. A. Stephen Bridge Replacement over Soper Creek is located in Lot 6,
Concession IV, Darlington, 0.30 km east of Bethesda Road, Municipality ofClarington.
The work for the Cedar Park Road Bridge Replacement over a Tributary of the Bowmanville Creek
is located in Lots 14/15, Concession VI, Darlington, 0.60 km north of Concession 5/6, Municipality
of Clarington.
The work for the Concession Road 6 Culvert Replacement over a Tributary of the Soper Creek is
located in Lot 9, Concessions VNI, Clarke, 0.30 km west of Clemens Road, Municipality of
Clarington.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-29
4.
13. TENDERERS TO INVESTIGATE
Tenderers must satisfy themselves by personal examination of the sites 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 responsibility to thoroughly inspect the sites 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.
14. INQUIRIES DURING TENDERING
The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall
be directed to the Contract Administrator, TSH, Telephone: (905) 668-9363, attention: Mr. Dennis L.
Baxter, P. Eng - extension 2225.
15. AWARD OF THE CONTRACT
The award of this Contract is subject to the Municipality obtaining the necessary approvals and
permits from the Central Lake Ontario Conservation Authority, Ministry of Natural Resources and
Department of Fisheries and Oceans.
The Municipality reserves the right to delete Part A, B or C from the Contract in its entirety.
16. 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 ofClarington.
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.
17. 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.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-29
SPECIAL PROVISIONS - GENERAL
P\\ 0801 \Specs\2\ 633-SPG.doc
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2006-29
CLAUSE
SUBJECT
PAGE
1. PLAN QUANTITY ITEMS .. .... ............. ..... ....... .......... ........... ............ ......... .......... ............ ................ 1
2. GUARANTEED MAINTENANCE... ... ............ .... ................ ..... ......... ................ .... .... ...... ................. 1
3. CONTRACT TIME AND LIQUIDATED DAMAGES ....................................................................1
4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ...............................................................2
5. OPS GENERAL CONDITIONS ..... ....... ...................... ...... ..... ............. ..... ......... ....... .............. ....... .... 2
6. LAYOUT BY CONTRACT ADMINISTRA TOR.............................................................................2
7 . PAYMENTS .. .... ... .......................... .......................... ............. ........ ................. ...... ............ ...... ...........3
8. UTILITIES.................................................................................................................................. ....... 3
9 . HAUL ROADS .................................................................................................................................. 4
10. DUST CONTROL.............................................................................................................................. 4
11. TRAFFIC CONTROL, FLAGGING ........ ........... ........ ...................... ........ ............... ........... ...... ........ 4
12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ............................................................4
13. MAINTENANCE OF TRAFFIC.. ....... ........... ... ..... ......... ... .............. ........ ...... ........ .......... ... ..............5
14. EMERGENCY AND MAINTENANCE MEASURES .....................................................................6
15. ENGINEERING FIELD OFFICE ...... ......... ... .... ..... ..... ....... .......... ................ ... ................. ................. 6
16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ...................................................... 7
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES ......... 7
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) .....................8
19. SPILLS REPORTING ....... ... .... ......... ........ .............. .............. ......... ...... .......... ........... ............ ......... .... 8
20. PROTECTION OF WATER QUALITY ...........................................................................................9
21. ENVIRONMENTAL PROTECTION PLAN .................................................................................... 9
22. TRAFFIC AND STREET SIGNS ....................................................................................................11
23. GARBAGE COLLECTION.. ..... ....... ........... ........ ......... ........ .................... .... ............................ ....... 11
24. ASPHALT MIX DESIGNS .............................................................................................................11
25. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES12
26. CONFINED SPACE ENTRY... ............................................. ................... ......... ....... ....................... 12
27. ENTRY ONTO PRIVATE PROPERTY .........................................................................................12
28. STORAGE AREAS ..... .... ..... ................ .................... ............. ....... ............. ......... ....... ............ .......... 13
29. GENERAL LIABILITY INSURANCE ...........................................................................................13
30. CONSTRUCTION LIEN ACT . ......... ............. ... .................... ..... ...... ............ ....... ................. ........... 13
31. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR.............................................................................................................................. . 14
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-29
1. PLAN QUANTITY ITEMS
Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as
may be revised by adjusted plan quantity.
2. 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.
3. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this Contract.
For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defined in Clause
GC1.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GC1.06 of the
General Conditions on or before Friday, September 29, 2006.
Note: In-water works must be completed within the July 1 to September 15, 2006 time period.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift basis,
it is expected that additional and/or augmented daylight shifts will be required throughout the
life of the contract to the extent deemed necessary by the Contractor to insure that the work
will be completed within the contract time specified. Any additional costs occasioned by
compliance with these provisions will be considered to be included in the prices bid for the
various items of work and no additional compensation will be allowed therefor.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-29
2.
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(3) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract
is not completed by the date specified, or as extended in accordance with Section GC3.07 of
the General Conditions, a loss or damage will be sustained by the Authority. Since it is and
will be impracticable and extremely difficult to ascertain and determine the actual loss or
damage which the Authority will suffer in the event of and by reason of such delay, the parties
hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND
DOLLARS (51,000.00) as liquidated damages for each and every calendar day's delay in
achieving completion of the work beyond the date prescribed. It is agreed that this amount is
an estimate of the actual loss or damage to the Authority which will accrue during the period in
excess of the prescribed date for completion.
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.
4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.0 1.09 is defined as an employee of the Contractor.
s. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
6. 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 ofthe trade are interpreted to include but not necessarily be limited to
hand and line levels, boning rods, tape measures, lasers, etc.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-29
3.
7. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the General Conditions.
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 defmed 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 GC1.06. 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 shaD include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial
Performance or not.
The Contractor is advised that the Authority may withhold payment on Interim and Holdback
Release Certificates up to 30 calendar days from the date of receipt of the executed Payment
Certificates.
8. UTILITIES
Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are
replaced by the following:
The Contractor shall be responsible for the protection of all utilities at the job site during the time
of construction.
The Authority will be responsible for the relocation of utilities where required. However, no claims
will be considered which are based on delays or inconvenience resulting from the relocation not
being completed before the start of this Contract.
The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact the
appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-29
4.
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9. HAUL ROADS
When so required by the Contract Administrator, payment for maintenance and restoration of haul
roads will be made for the materials provided and the work performed as specified, at tender prices,
or at negotiated prices.
10. DUST CONTROL
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.
Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and
grinders of the wet type shall be used together with sufficient water to prevent the incidence of
dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the
area where the work is being carried out.
The cost of all such preventative measures shall be borne by the Contractor except however where
water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the
Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and
calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable
levels, shall be paid for by the Authority at the contract prices for Application of Water or
Application of Calcium Chloride.
11. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in
OTM Book 7 (Ontario Traffic Manual).
Each flagman shall, while controlling traffic, wear the following:
(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat.
12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the
supply, erection, maintenance and subsequent removal of all temporary traffic controls, including
signs, lights, barricades, delineators, cones, etc., required on the work.
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CONTRACT NO. CL2006-29
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Traffic controls shall be provided in general accordance with the latest edition of the "Manual of
Uniform Traffic Control Devices", Division 5
13. MAINTENANCE OF TRAFFIC
The Contractor shall close the road at each of the structures to through traffic throughout the
construction period or until such time as the Contract Administrator may decide that the structure
may be re-opened to traffic.
. Geo. A. Stephen Bridge - Six (6) weeks
. Cedar Park Road Bridge - Six (6) weeks
. Concession Road 6 Culvert - Two (2) weeks.
Traffic will be detoured around the site utilizing existing roads. The Authority will maintain the
detour roads. Advanced detour signs for detouring through traffic movements around the
construction site shall be supplied, erected and maintained by the Contractor as directed by the
Contract Administrator. All detour signs, delineators, barricades, lights, temporary snow fence,
sand bags, etc, and as required under Section GC7.06 of the General Conditions shall be supplied,
erected and maintained by the Contractor for the duration of his operations under this Contract.
The Contractor shall completely enclose, using snow fence and lights, the sites throughout this
closure period. The Contractor is advised that a minimum of six (6) advanced warning signs are
required.
Temporary access to the residences north of the bridge site will be through an existing laneway on
private property. The laneway (proposed temporary access road for construction and the property
owners north of the site) starts from Concession Road 7 and runs southerly to the north end of
Cedar Park Road at House No. 6565. This road requires some initial preparation and ongoing
maintenance. An item has been included in the specification for any works that the Engineer
directs in this regard (i.e., Temporary Access Road).
Note: Road Length = 830 m.
It is the responsibility of the Contractor to visit the sites to become familiar with existing traffic
volumes and patterns. No specific AADT (Average Annual Daily Traffic) is available at this time.
However, the Contractor shall take into consideration all traffic into and out of the job site area as
will occur during regular working hours.
No claims for delays due to traffic will be considered for compensation.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-29
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No deviation from the above procedure will be allowed except with the approval of the Engineer.
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 the road from which traffic is detoured. The
Contractor should note that Cedar Park Road is a dead end road and that the structure being
replaced provides the only public access to the homes north ofBowmanville Creek.
The Contractor shall be responsible for all signing at the contract limits and within the contract
limits. The Contractor shall ensure the singing is properly maintained while in use. It shall be the
Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road
closures at least 24 hours in advance of such closures and to notify these same authorities when
such closures are no longer in effect.
It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of
one week in advance of such closure. The newspaper advertisement shall indicate the date of
closing of the roadway and the length of time for which the road will be closed. This advertising is
in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above.
The Contractor shall be responsible for all detour signing outside the contract limits.
14. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract Administrator
in case emergency or maintenance measures are required regardless whether the emergency or
requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause
whatsoever.
It shall be the responsibility of the Contractor to ensure that erosion and sedimentation control
measures within the limits of the Contract are in place and fully operational to the satisfaction of
the Contract Administrator, should the onset of severe inclement weather be forecast.
Should the Contractor be unable to carry out immediate remedial measures required, the Authority
will carry out the necessary repairs, the costs for which shall be charged to the Contractor.
15. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
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CONTRACT NO. CLlOO6-29
7.
16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The requirements of OPSS 180 shall apply to this Contract, revised as follows:
.1 Section 180.03, Definitions, shall be amended by the addition of the following:
Work area: means the road allowance, right-of-way, and property with a boundary common to
the road allowance or right-of-way within the Contract limits.
.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.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800,
OPSF 180-1, OPSF 180-2, OPSF 180-3, OPSF 180-4 and OPSF 180-5 for use where appropriate
with respect to disposal of excess material.
17. 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
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-29
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It is the responsibility of the Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy of this specification, where Designated Substances are identified
as being present at the site of the work.
The Contractor shall comply with the governing Ministry of Labour Regulations respecting
protection of workers, removal, handling and disposition of the Designated Substances encountered
on this Contract.
Prior to commencement of this work, the Contractor shall provide written notification to the
Ministry of the Environment at Peterborough District, Robinson Place, 300 Water Street, 2nd Floor,
South Tower, Peterborough, Ontario K9N 8H5, of the location(s) proposed for disposal of
Designated Substances. A copy of the notification shall be provided to the Contract Administrator
a minimum of two weeks in advance of work starting.
In the event that the Ministry of the Environment has concerns with any proposed disposal location,
further notification shall be provided until the Ministry of the Environment's concerns have been
addressed.
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.
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
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.
19. SPILLS REPORTING
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
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CONTRACT NO. CLl006-29
9.
spills or discharges and their adverse effects shall be as defined in the Environmental Protection
Act R.S.O. 1980.
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.
This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills
or discharges.
20. 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 streams.
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 creeks 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.
21. ENVIRONMENTAL PROTECTION PLAN
The Contractor's attention is drawn to the following environmental protection requirements, which
will impact construction activities within or in close proximity to the Bowmanville Creek. These
measures are in addition or complimentary to the works included for erosion and sediment control
under other items in the Tender.
. Sediment and erosion control items included in this contract shall be implemented prior to any
other construction in the vicinity of the creek, in order to prevent any sediment from entering the
watercourse (including soil from exposed banks) and to prevent any downstream transport of
resuspended sediment. All disturbed areas shall be stabilized upon completion of works or
attainment of final grades.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-29
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· Temporary erosion and sedimentation works should be maintained until vegetation has been re-
established to a sufficient degree so as to provide adequate protection to disturbed work areas.
. All sediment traps, check dams and silt fence will be cleaned, as a minimum, when they are 50%
filled. Maintenance of these devices is essential. Lack of co-operation on the part of the
Contractor will be considered as a major violation to the Plan and the Contract and will result in
a shut down ofthe project operations until maintenance is performed to the Engineer's
satisfaction.
. All disturbed areas shall be topsoiled (if necessary) and revegetated immediately after final
grading is completed.
. Construction procedures and handling/storage oftoxic materials shall conform to Ontario
Ministry of the Environment regulations.
. Stockpile or spoil materials necessary for road construction and the construction of the proposed
bridge shall be prevented from entering the creek. No grading or concrete pours shall occur over
or close to the water without adequate barrier measures in place beforehand. The Contractor shall
advise the Engineer in advance of placement of any stockpiled material so that the Engineer can
determine what protective measure, if any, are necessary.
. Any in-water works (i.e. channel tie-ins, pumping, etc.) will only be permitted during the period
from July 1 to September 15.
. All activities, including maintenance procedures, must be controlled to prevent the entry of
petroleum product, silt, debris, rubble, concrete or other deleterious substances into the
watercourse. Vehicular refuelling and maintenance, including the storage of fuel containers,
must be conducted 30 m away from the watercourse banks.
. Maintenance of all proposed vegetation, once established, will be a critical component of the
contract during the guarantee period. All temporary erosion and sediment control structures
constructed (except the dewatering trap) will remain in place during this period unless the
Engineer requests their removal. Prior to the end of the guarantee period, if all vegetation has
established successfully, these measures shall be removed (upon notification by the Engineer) as
noted under their particular items in the Special Provisions - Tender Items.
. All dewatering discharges must be directed to the dewatering trap. Materials from the
excavation of the trap shall be removed from the site or controlled as the Engineer directs. The
Contractor shall be wholly responsible for the adequate design and maintenance of the
dewatering system related to the construction of the bridge abutments and wingwalls (i.e.,
pumps, sheeting, etc.) The design will be subject to the review and approval of the Engineer
before any work on these bridge components proceeds.
. Maintain continuous and uninterrupted flow downstream of the construction site. Extreme
reduction in stream discharge and water level above and below the site must be avoided.
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CONTRACT NO. CL2006-29
11.
. No machinery shall enter the creek bed of any watercourse. Movement of construction
equipment in the vicinity of the creek shall be limited to the minimum required for construction.
. All construction work in areas which in the Engineer's opinion may have adverse effects on the
watercourse shall be monitored by a designated representative of the Contractor to ensure
compliance with the Plan.
. All clauses pertaining to the construction/placement of erosion and sediment controls in the
Special Provisions-General and the Contract Items, will form an integral part of the project
Environmental Protection Plan
22. TRAFFIC AND STREET SIGNS
The Contractor will be responsible for the removal and salvage of existing traffic and street signs,
and their delivery to the Authority's Works Department Yard, for re-erection by the Authority
following completion of the work.
Scheduling for sign removal shall be as approved in advance by the Contract Administrator.
Regulatory signs such as "Stop" and "Yield" must be maintained throughout.
23. GARBAGE COLLECTION
The Contractor will be responsible for ensuring that garbage collection, including recydables, is
maintained and when necessary, the Contractor shall make arrangements directly with the
collecting agency, to permit and coordinate pick-up.
24. ASPHALT MIX DESIGNS
The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt
required for the work, or for having the necessary mix designs prepared by a certified laboratory.
The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract
Administrator for his approval and no work shall commence until the design mixes are approved.
All costs associated with the provision of approved mix designs shall be borne by the Contractor.
Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix
required by this Contract.
Work which relates to the shop drawings shall not be carried out before the Contract
Administrator's review of the shop drawings is complete.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-29
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25. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED
SPACES
Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the
following:
Detailed written procedures addressing the confined space requirements of the Occupational Health
and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall
be clearly posted at the project site and available to all personnel, including the Contractor's
workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors.
The procedures must include the rescue procedures to be followed during a rescue or evacuation of
all personnel from an unsafe condition or in the event of personal injury.
The Contractor shall have personnel trained in rescue procedures readily available on site.
26. CONFINED SPACE ENTRY
Without relieving the Contractor of his responsibilities under the Occupational Health and Safety
Act the Contractor shall be responsible for the supply of personal protective equipment for the use
of the Contract Administrator, in connection with confined space entry while the Contractor is
operating on site.
The following equipment shall be made available on request:
· Mechanical Ventilation Equipment
. Gloves
. Gas Detector (C95-80)
· Full body harness securely attached to a rope
. Rope
· Gas mask or dust, mist or fume respirator (optional)
· 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily
available to supply air for instant egress)
· 7 minute Escape Pack
· Explosion-proof temporary lighting
· Adequate clothing to ensure protection against abrasions and contamination.
In addition the Contractor shall provide a competent person who shall inspect all safety equipment
prior to use to ensure that it is in good working order and appropriate for the task at hand.
27. 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.
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CONTRACT NO. CL2006-29
13.
28. 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.
29. GENERAL LIABILITY INSURANCE
Under GC6.03.02.01, the Owner is the Corporation of the Municipality ofClarington and the
Contract Administrator is Totten Sims Hubicki (1997) Limited.
30. 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.
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.
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.
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.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-29
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31. 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, C.E.T.
Director of Engineering Services
Municipality of C1arington
40 Temperance Street
Bowmanville, Ontario. L1C 3A6
Re: Contract No. CL2006-29
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 C1arington 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.
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MUNICIPALITY OF CLARINGTON
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REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE OVER SOPER CREEK,
CEDAR PARK ROAD BRIDGE OVER BOWMANVILLE CREEK TRIBUTARY
AND
CONCESSION ROAD 6 CULVERT OVER SOPER CREEK TRIBUTARY
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SPECIAL PROVISIONS - TENDER ITEMS
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
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SITE PREPARATION - ITEM NO. AI. Bl. Cl
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Under these Items and for the Contract prices, the Contractor shall supply all labour, equipment and
materials required to complete the following works in accordance with the Contract Drawings and to the
satisfaction of the Contract Administrator:
1. Clearing and grubbing all trees, stumps and brush to accommodate removal of the existing structure,
construction of the new structure, stream improvements and roadway embankments within the right-
of-way;
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2. Removing and disposing of all obstacles of the nature of guide rail and posts, rubble boulders,
timbers, etc., not specifically provided for under other Tender Items, to accommodate construction of
the new structure, backfilling, rock protection and approaches;
3. Clean-up and all incidental work not included in specific Tender Items.
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All brush, logs, stumps and other debris resulting from the Contractor's operations under this Item shall
be disposed of by the Contractor off site at a location to be arranged by the Contractor at no additional
cost to the Owner and to the satisfaction of the Contract Administrator. Burning of trees, brush and other
debris will not be permitted within the limits of the contract.
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In addition to the work required herein and further described under OPSS 201, the Contractor shall
remove and dispose of all boulders within the limits of the required clearing and grubbing operation. All
boulders encountered under these operations shall be disposed of away from the site at no additional cost
to the Owner.
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Any damage caused by the Contractor's operations to the surrounding property shall be repaired by the
Contractor at no additional cost to the Owner and the Contract Administrator.
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All removals from the site shall remain the property of the Contractor to be disposed of by the Contractor
off the limits of the Contract, at a location arranged for by the Contractor at his own expense and to the
satisfaction ofthe Contract Administrator. When hauling rubble, excavated material or fill materials from
or to the site, the Contractor shall comply with the requirements of the Highway Traffic Act.
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Suitable excavated earth material shall be used as fill material for the roadway and embankment
construction to the extent as shown on the Drawings. The Contractor shall be responsible for making all
necessary arrangements to secure areas for stockpiling surplus excavated materials, at his own expense,
and to the satisfaction of the Department of Fisheries and Oceans, and the Contract Administrator.
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Materials excavated under this Item which are surplus to or unsuitable for the fill requirements shall be
disposed of by the Contractor at his own expense, and to the satisfaction of the Contract Administrator.
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All trees, shrubs and other vegetation as designated by the Contract Administrator to be saved shall be
carefully protected from danger or injury, during all construction operations by means of a snow fence at
the dripline of the trees or as directed by the Contract Administrator. The Contractor may be required to
cut only certain selected trees on certain areas, leaving the rest of the trees in the indicated areas
unharmed.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29 2.
The price tendered for this Item shall be compensation in full for all work associated with this Item.
Work under this Item shall not commence without prior approval in writing from the Contract
Administrator.
UNWATERlNG AND SEDIMENT CONTROL - ITEM NO. A2. B2. C2
Under these Items and for the Contract prices, the Contractor shall carry out all work, as outlined in OPSS
902, to ensure that all concrete and granular material are placed in the dry.
Discharge points of all pumps utilized in unwatering the work and removing sediments from the sediment
traps shall be located away from the watercourse to permit the natural filtration of the sediments by the
soil and vegetation, as directed by the Contract Administrator.
The Contractor shall submit six (6) copies of his detailed drawings and specifications for his proposed
method of unwatering for the Contract Administrator's review. The Contractor shall be wholly
responsible for the adequacy of his method of unwatering.
The Contractor is advised that all unwatering schemes shall be subject to the approval of the Central Lake
Ontario, the Municipality ofClarington and the Contract Administrator.
In particular, the following work will be required:
I. Supply all labour, materials and equipment to construct the temporary cofferdams, including the
dewatering and pump around system as shown on the drawings and as directed by the Contract
Administrator. Sediment control barriers (cofferdams) shall be installed to isolate the work zone from
the stream at the site prior to commencement of the construction and remain in place until the work is
completed.
2. Supply all labour, materials and equipment to construct the temporary sediment traps, as shown on
the drawings and as directed by the Contract Administrator
3. The Contractor will be required to maintain the existing stream flows and shall control all
construction work so as to not allow sediment or other deleterious materials to enter streams. No
waste or surplus organic material, including topsoil is to be stored or disposed of within 30 metres of
any watercourse. Run-off from excavations 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
is not sufficient or feasible to control sediment entering the watercourse, sediment traps or silt bags
will be required. If dewatering is required, the water shall be pumped into a sedimentation pond or
diffused onto vegetative areas a minimum of 30 metres from the watercourse and not pumped directly
into the watercourse.
4. Sediment traps shall be installed along the stream banks and the accumulated sediments shall be
pumped out, as required and prior to removal of the traps, as directed by the Contract Administrator
5. The use of heavy machinery in the creek bed shall be minimized.
6. Any stockpiled materials shall be stored and stabilized away from the water.
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CONTRACT NO. CL2006-29
3.
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7. Vehicle and equipment re-fuelling and/or maintenance shall be conducted away from the water.
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8. The Contractor shall have on-site, at all times, an appropriate spills management plan in place,
including spill control and absorbent materials and instructions regarding their use to facilitate rapid
clean-up should a spill occur.
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9. Any part of a vehicle and/or equipment entering the water shall be free of fluid leaks and externally
cleaned/de greased to prevent any deleterious substance from entering the water.
10. Only clean material free of fine particulate matter shall be placed in the water.
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11. All sediment control measures shall be inspected daily to ensure that they are functioning properly
and are maintained and/or upgraded as required.
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12. If the sediment control measures are not functioning properly, no further work shall occur until the
control problem is addressed.
13. All disturbed areas of the work site shall be stabilized and re-vegetated as required.
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The Contractor shall be required to provide details of measures to be taken to minimize siltation of the
streambed during construction to the satisfaction of the Contract Administrator and the Central Lake
Ontario Conservation Authority. The Contractor shall be wholly responsible for the adequacy of his
method of minimizing siltation.
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Issuance of work permits by the Central Lake Ontario Conservation Authority will be subject to the
receipt of satisfactory unwatering and sediment control schemes, as formally submitted by the Contractor.
REMOVAL AND DISPOSAL OF EXISTING STRUCTURE - ITEM NO. AJ. B3. C3
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Under these Items and for the Contract prices, the Contractor shall demolish and completely remove the
existing structure to the limits shown on the Drawings, including sawcutting at the limits of removal, and
shall perform all necessary excavation, unless provided otherwise in the Tender, to accommodate the
construction ofthe new structure, including backfill, frost tapers and rock protection, as directed by the
Contract Administrator. Any over excavation shall be backfilled with approved materials and compacted,
at the Contractor's expense and as directed by the Contract Administrator.
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Removals shall be conducted carefully to ensure that debris does not enter the flowing portion of the
watercourse.
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Under these Items and for the Contract prices, the Contractor shall perform all necessary excavation
and/or fill required for the channel improvements, as shown on the Drawings and as required to provide
proper hydraulic flow conditions at the site to the satisfaction of the Contract Administrator.
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Under these Items and for the Contract prices, the Contractor shall also carry out all removals not
provided for under other Items of this Contract.
All removals from the existing structure, except as specifically noted, shall remain the property of the
Contractor to be disposed of by the Contractor off the limits of the Contract, at a location arranged for by
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
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the Contractor at his own expense and to the satisfaction of the Contract Administrator. When hauling
rubble, excavated materials or fill from or to the site, the Contractor shall comply with the requirements
of the Highway Traffic Act.
Blasting will not be permitted for any work under these Items. Work under these Items shall not
commence without prior approval in writing from the Contract Administrator.
The Contractor is advised that removal of the existing bridges should not occur during the known nesting
period of migratory birds in the area. Use of netting on the sides of the structure to prevent nesting is
acceptable.
EARTH EXCAVATION (GRADING) - ITEM NO. A4. B4. C4
Under these Items and for the Contract unit prices, the Contractor shall provide all labour, materials and
equipment required to complete the excavation of materials for the construction of frost tapers, earth cuts
and fills, approaches, ditching, rock protection, armour stone, cribwall, fish access structures and all other
excavation not specifically provided for elsewhere in the Contract.
The roadway embankment slopes and surrounding areas shall, upon completion of the work, be graded
and trimmed in a manner satisfactory to the Authority and Contract Administrator.
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Materials excavated under this Item which are surplus to or unsuitable for the fill requirements shall be
disposed of by the Contractor outside the right-of-way at his own expense.
The vertical grading tolerances for the finished subgrade shall be :f: 30 mm. The horizontal grading
tolerances for the finished excavation and fill shall be 0.3 m.
For payment purposes, the volume of material excavated in sub-excavation, if required, or over
excavations where ordered by the Contract Administrator, shall be determined on the basis of three
rectilinear dimensions measured as follows:
(a) Length and width of excavation to nearest 300 mm.
(b) Depth of excavation to the nearest 30 mm.
No additional payment shall be made for placing of acceptable excavated material in the fill areas.
No granular materials shall be placed on the sub-grade until the sub-grade has been compacted to 95%
Standard Proctor Density, and approved by the Contract Administrator.
If, in the opinion of the Contract Administrator, water is required to attain the required fill density as
specified in OPSS 501, the Contractor shall supply such quantities as the Contract Administrator may
direct and apply the water from equipment approved for that purpose. Payment for this work shall be in
accordance with the applicable item.
All disposal sites must be approved by the Owner, prior to placement of disposed material.
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CONTRACT NO. CL2006-29
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EARTH EXCAVATION FOR STRUCTURE - ITEM NO. AS. BS. C5
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Under these Items and for the Contract unit prices the Contractor shall excavate earth materials for the
abutments, structure foundations and culvert bedding, as shown on the Drawings and as directed by the
Contract Administrator.
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Measurement for earth excavation for structure foundations will include only those quantities as measured
within the theoretical neat plan dimensions of the footings as shown on the plans. The Contract prices for
the other applicable structure items included in the Tender will be full compensation for all other
excavation which may be required for the structure, including excavation necessary for the granular
backfill and frost tapers, as shown on the Drawings, and as directed by the Contract Administrator.
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CONCRETE IN BRIDGE FOUNDATIONS - ITEM NO. A6
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Payment for this Item at the Contract price shall include the supply of all reinforcing steel, styrofoam,
flexcell, expanded polystyrene, elastomer, eva foam, evazote, caulking, asphalt impregnated fibreboard,
etc. as required to complete the structure.
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CONCRETE IN FOOTINGS - ITEM NO. B8
Payment for this Item at the Contract price shall include the supply of all reinforcing steel, styrofoam,
flexcell, expanded polystyrene, elastomer, eva foam, evazote, caulking, asphalt impregnated fibreboard,
etc. as required to complete the structure.
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CONCRETE CAISSON PILES - ITEM NO. B7
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Under this Item and for the Contract unit price, the Contractor shall supply all labour, equipment and
materials necessary to install the concrete caissons, including the steel caisson liners, to the specified
elevations, as shown on the Drawings and as revised in the field by the Contract Administrator and the
Geotechnical Consultant.
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The Contractor shall supply and install all reinforcing steel, formwork and concrete. Concrete shall be
placed and finished to the top of caisson elevation and grade as specified on the Contract Drawings and as
directed by the Contract Administrator.
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The concrete caissons shall be constructed such that the centreline ofthe caisson shaft is not more than 75
mm from the location indicated on the Drawings, the caisson is plumb with 2% of the total length, the
diameter is within 25 mm of that shown on the Drawings and the top of caisson elevation is within 50 mm
of the elevation shown on the Drawings.
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The Contractor shall design and provide liners to resist earth and/or water pressures which may be
encountered during caisson installation and with lip fit where sections ofIiners butt together, or weld liner
section to form a full length liner. The concrete liners shall conform to CSA SI6.1-M, CSA W59, CSA
W47.1 and OPSS 903.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
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PRECAST CONCRETE FRAME - ITEM NO. A7. B9
Under these Items and for the Contract prices, the Contractor shall supply all labour, equipment and
materials necessary to fabricate, deliver to the site, and install the precast concrete frame sections and
appurtenances, all in accordance with the details shown on the Drawings.
The precast concrete frame sections shall be fabricated, supplied and installed in accordance with the
following:
1. The design shall conform to the requirements of the Canadian Highway Bridge Design Code, 2000.
The bridge units shall be of sufficient strength to support the CHBDC-2000 Design Live Load, plus
concrete topping and the 90 mm asphalt wearing surface.
2. The concrete in the precast concrete units shall have a minimum concrete compressive strength of 40
MPa at 28 days.
3. Materials shall comply with OPSS 1350, reinforcing steel with OPSS 1440 and formwork with OPSS
919.
4. The precasting operations shall comply with the requirements ofOPSS 909. The placing of
reinforcing steel shall comply with OPSS 905.
5. All other workmanship not covered in the above shall be in accordance with CSA A251 M-82.
6. The Contractor shall submit shop drawings to the Contract Administrator for review. Six (6) copies
of all drawings shall be submitted, a minimum of three weeks before commencing fabrication, as
specified elsewhere in the Contract. The shop drawings shall bear the seal and signature of a
Professional Engineer who is licensed by the Association of Professional Engineers of Ontario.
Installation of the precast concrete frame sections will include the following work, as shown on the
Drawings and as directed by the Contract Administrator:
1. The supply and placing of the butyl gasket in joints using an approved adhesive.
2. The supply and placing of non-shrink non-metallic bedding grout approved by the Contract
Administrator to set and fill the joints in the top of the foundation and precast concrete walls of the
structure.
3. The supply and placing of cement grout in the joints in the walls and top slab. The grout shall
consist of one part Portland Cement and three parts fine aggregate.
4. The supply and placing of reinforcing steel in the precast concrete sections.
5. The supply and installation of all inserts as shown on the Drawings.
6. The supply and placing of a Class I non-woven geotextile along the abutment joints between the
precast units.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
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CONCRETE IN DECK TOPPING - ITEM NO. A8. BI0
The Contractor shall use a mechanical self-propelled deck finishing machine.
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The concrete shall be deposited and compacted at a rate sufficient to ensure a uniform finish. The method
used to deliver concrete to the work shall be such that essentially the same conditions will be produced in
the vicinity of concrete placement.
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The machine and the concrete surface between the points at which the concrete is struck off and the final
hand floating is carried out, shall be protected from the wind.
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All concrete shall be cured by wet burlap.
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Payment for this Item at the Contract price shall include:
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The supply of all reinforcing steel for deck topping, styrofoam, flexcell, expanded polystyrene,
elastomer, eva foam, evazote, caulking, asphalt impregnated fibreboard, etc. as required to
complete the structure.
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2. The concrete in the deck topping.
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The supply and placing of the Date and Site Number Figures as directed by the Contract
administrator.
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Concrete Quantities
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The following approximate quantities for the Tender Items listed below are for the Contractor's
information only:
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Item No. A8 - Concrete in Deck Topping
Item No. B 10 - Concrete in Deck Topping
14m3
13 m3
Lump Sum Concrete Items
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Should the estimated quantities of concrete as shown in the tendering information, for any specific lump
sum concrete Item, differ by more than 5 percent from the theoretical quantities as determined from the
design dimensions of the structure component and where such discrepancy in quantities does not result
from a change in design made in accordance with Clause GC 3.11.01 of the General Conditions, then
either party to the Contract upon the written request of the other, shall as soon as reasonably possible,
negotiate upward or downward, the compensation for that portion of the concrete which is in excess of or
less than the estimated quantity plus or minus the 5 percent increase or decrease.
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Where a change in quantity results from a change in design made in accordance with Clause GC 3.1 1.01
of the General Conditions, then either party to the Contract upon the written request to the other, shall as
soon as reasonably possible, negotiate a new lump sum price for the Tender Item in question.
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Curing of Concrete
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Clause 904.07.03.05.01 ofOPSS 904 is deleted and replaced with the following: "All unformed and slip
formed surfaces shall be cured by burlap and water curing method only".
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
8.
Payment for the above Items, whether by square metre or by cubic metre, shall be full compensation for
all labour, materials and equipment necessary to cure all concrete with
burlap and water in accordance with OPSS 904.
Shipping of Concrete Test Cylinders
In addition to the requirements of OPSS 904.10, payment for this Item will include compensation for
shipping concrete test cylinders to the location designated by the Contract Administrator.
Aggregate Sources
Only those sources listed on the Aggregate Sources List for concrete shall be used; sources that are not
shown on this list may be accepted by the Contract Administrator after samples have been tested and have
met the current physical requirements and the alkali reactivity requirements of OPSS 1002.
Reinforcing Steel
Payment for the above Items, whether by lump sum or cubic metre, will include the supply, storage and
installation of reinforcing steel, as shown on the Drawings. The Contractor shall submit shop Drawings
to the Contract Administrator, for review, as required elsewhere in the Specifications. Fabrication shall
not commence until the shop Drawings have been reviewed
GRANULAR BACKFILL TO STRUCTURE - ITEM NO. A9. Bll. C8
Under these Items and for the Contract prices, the Contractor shall supply, place and compact in
accordance with OPSS 501, the Granular 'B' material required for the structure backfill and frost tapers, as
shown on the Drawings, and as directed by the Contract Administrator.
The extent of the Contract price item for placing granular backfill to the bridges shall be as shown on the
Drawings. Where, however, the Contractor has excavated beyond these limits, or has failed to place earth
fill up to the lower limits, he shall supply, place and compact, to the satisfaction of the Contract
Administrator, either earth or granular material, whichever the Contract Administrator shall direct, as
required to fill the resulting excess volume. All costs of supplying and placing such additional material
shall be deemed to be included in the Contract price.
Water shall be applied to the material to assist compaction, as directed by the Contract Administrator, and
shall also be included in the Contract price.
The Contractor shall not be permitted to use other than hand operated vibratory type compaction
equipment for compaction of backfill material within the restricted zone behind all earth retaining
structures.
Restricted Zone
1. At Abutments and Retaining Walls - The area within a plane extending from the base of the back
face of the wall, where it contacts the footing, upwards at a slope of 1.5 vertical to 1 horizontal.
2. At Wingwalls - The area within 1.2 m from the back face ofthe wall.
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CONTRACT NO. CL2006-29
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3. At Culverts - The area within the zone between the back face of the culvert, where it contacts the
granular bedding, upwards at a slope of 1.5 vertical to 1 horizontal.
Hand Operated Vibratory Equipment
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Hand operated vibratory equipment shall have an energy output no greater than 6.7 kilowatts.
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GRANULAR 'A' - ITEM NO. AI0. B12. C9
GRANULAR 'B' - ITEM NO. All. B13. CI0
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Under these Items and for the Contract unit prices, the Contractor shall supply, place and compact in
accordance with OPSS 501, the granular materials required for the road base and shoulders, as shown on
the Drawings and as directed by the Contract Administrator. All granular materials shall be compacted to
100 Percent Standard Proctor Density.
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Water shall be applied to the materials to assist compaction, as directed by the Contract Administrator and
shall also be included in the Contract unit prices.
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ROCK PROTECTION - ITEM NO. A12. B14. Cll
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The work shall be performed in general compliance with the plans, OPSS 511 and as directed by the
Contract Administrator, and shall consist of providing a protective covering of approved rock, between
the existing and new abutments at the Geo. A. Stephen Bridge and on all the streambanks, streambed,
approach embankments and ditch outlets as shown on the Drawings for Parts A, Band C.
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The Contractor shall supply all materials for this Item. Rock shall be an imported quarry or field stone
material; the quality of the rock shall be reviewed by the Contract Administrator. Rock subject to marked
deterioration by water or weather will not be accepted. Rock shall fulfill the gradation requirements of
RT AC Class I as follows:
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RTAC Class I: Gradation Limits for Rock Protection
Minus 450 mm
Minus 350 mm
Minus 300 mm
Minus 200 mm
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Maximum Allowable
Maximum Allowable
Maximum Allowable
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RTAC Class II: Gradation Limits for Rock Protection
Minus 800 mm
Minus 600 mm
Minus 500 mm
Minus 300 mm
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Maximum Allowable
Maximum Allowable
Maximum Allowable
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RTAC Class III: Gradation Limits for Rock Protection
Minus 1200 mm
Minus 900 mm
Minus 800 mm
Minus 500 mm
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Maximum Allowable
Maximum Allowable
Maximum Allowable
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130 kg
70 kg
40 kg
10 kg
700 kg
300 kg
200 kg
30 kg
2300 kg
11 00 kg
700 kg
200 kg
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
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Placing shall be done in such a manner that the surface of the finished rock protection shall have a
uniform appearance and be without segregation. The rock protection shall be placed on the streambanks
and approach embankments as shown on the Drawings.
The Contract price for the rock protection shall constitute full compensation for the supply of the rock, the
supply and placing of a geotextile filter fabric, any excavation or trimming required for the bedding of the
rock, the hauling and placing of the rock, and all items incidental to the completion of the work in
accordance with the Specifications.
The geotextile for the rock protection shall conform to OPSS 1860 and shall be Class II non-woven type
with a fibre opening size (F.O.S) of 50 J.lm and 3 mm thick.
The geotextile shall be free of folds and wrinkles. The geotextile shall be joined so that the material laps
a minimum of 500 mm and shall be pinned together or as directed by the manufacturer's instructions.
Alternatively, the geotextile shall be joined to conform to the seam requirements ofOPSS 1860.
ARMOUR STONE RETAINING WALL - ITEM NO. An. B16
Under these Items and for the Contract unit prices the Contractor shall provide all labour, materials and
equipment required to complete the armour stone retaining walls as shown on the Drawings and as
directed by the Contract Administrator.
Armour stone material shall be quarried stone, sound limestone or granite without cracks.
Stones shall have an approximate volume and weight of 1.7 mJ and 4.6 tonnes respectively.
The armour stone shall be "hand picked" by the Contract Administrator and the Contractor together at the
quarry, and marked for delivery to the site. The Contractor shall advise the Contract Administrator 48
hours in advance of his date to visit the quarry. The stones will be selected on the basis of their
rectangular cleavage (to facilitate assembly in the desired shape), soundness and size.
The armour stones shall be individually placed using large enough equipment to lift and adjust the stones.
Under these Items and at the Contract unit price bids, the Contractor shall also supply and install filter
stone material as required to backfill the armour stone walls, as shown on the Drawings and as directed by
the Contract Administrator. The filter stone material shall contain stone sufficiently large to block any
voids in the joints between the armour stones and these large stones shall be hand placed. The filter stone
shall be well graded to include material ranging from 150 - 400 mm in size, which may be randomly
placed by machine after the larger voids have been blocked by manual placement of larger stone.
Armour stone next to the structures shall be selected, cut, and fitted in a manner as to provide a close fit to
the side of the structure, to the complete satisfaction of the Contract Administrator.
Under these Items and at the Contract unit price bids, the Contractor shall also supply and install the Class
I non-woven geotextile as shown on the Drawings. Joints in the geotextile shall be overlapped a
minimum of 600 mm.
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CONTRACT NO. CL2006-29
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Bedding material shall consist of 50 mm clear crushed stone compacted to 100% SPMDD as directed by
the Contract Administrator.
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Payment for this Item at the Contract price shall include compensation for excavation of all materials
required to complete the installation of the armour stone, including, rip-rap backfill and bedding as shown
on the Drawings and as directed by the Contract Administrator.
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If after excavation to the lines and elevations shown on the drawings, the material encountered should
prove unacceptable to the Contract Administrator, as a foundation, the Contractor shall perform additional
excavation as directed by the Contract Administrator.
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Quantities for payment will be based on weight slips for armour stone delivered to the site and shall
include compensation for selection at the approved quarry, all excavation and disposal of material, supply
and placing of the armour stone, bedding and backfill.
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TOPSOIL aMPORTED) - ITEM NO. A14. B19. Cl3
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Under these Items and for the Contract prices, the Contractor shall supply and place imported topsoil over
the areas to be sodded to a minimum consolidated depth of 100 mm. The quality of topsoil provided by
the Contractor will be subject to the Contract Administrator's approval.
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Measurement under this Item shall be made by the square metre.
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Payment for these Items at the Contract unit prices shall be full compensation for the supply and
placement of the topsoil, all to the satisfaction of the Contract Administrator.
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SEED & EROSION CONTROL BLANKET - ITEM NO. A15. B20. C14
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The Contractor shall be responsible for the care of all completed seed and erosion control blanket for a
period of one year. During this period any defective areas shall be repaired and any areas which is dead,
shall be removed and replaced by the Contractor, at his own expense.
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Measurement of seed and erosion control blanket shall be in square metres of material acceptably
supplied and installed.
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Payment for these Items at the unit price bids shall be payment in full for all labour, equipment and
materials to satisfactorily complete the work in accordance with OPSS 572.
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STEEL THRIE BEAM GUIDE RAIL - ITEM NO. A16. B21
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Under these Items and for the Contract unit prices, the Contractor shall supply all labour, equipment and
materials to complete the new thrie beam guide rail on the bridge including posts, anchorages, timber
blocking, transition sections, plates, retaining channels etc., as shown on the drawings and as directed by
the Contract Administrator. The new thrie beam guide rail, guide rail posts, etc. shall be hot-dipped
galvanized in accordance with OPSS 911, after fabrication. The Contractor shall clean all areas of new
steel that have been field welded including the weld metal and adjacent areas, to remove every particle of
slag and splatter, and shall paint the entire area with two (2) coats of zinc rich coating approved by the
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
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Contract Administrator. The quantity of paint to be supplied by the Contractor shall be estimated by the
Contractor.
The Contractor shall submit shop drawings to the Contract Administrator for review as required
elsewhere in the Specifications. Fabrication shall not commence until shop drawings have been reviewed.
BRIDGE PLAOUES - ITEM NO. A19. B24. CIS
Under these items, the Contractor shall supply and install new cast bronze identification plaques,
including fastening, as directed by the Contract Administrator. The locations of the plaques shall be
determined on site by the Contract Administrator.
Bronze bridge plaque fabrication and installation details are indicated on the Contract drawings. The
supplier of bronze bridge plaques shall be approved in advance of construction by the Contract
Administrator.
Plaques shall conform to the Canada - Rural Municipal Infrastructure fund (COMRIF) program
guidelines, and all details shall be approved by the COMRlF joint secretariat and the Contract
Administrator prior to fabrication.
Payment for these items at the Contract price bid shall be payment in full for all labour, equipment and
materials necessary to do the work.
COMRIF NOTIFICATION SIGNS - ITEM NO. A20. B25. C16
Under these items, the Contractor shall supply all labour, materials and equipment to erect and maintain
COMRlF notification signs on the construction site during construction. The Contractor shall have the
signs fabricated in accordance with the Canada - Rural Municipal Infrastructure fund (COMRlF)
program guidelines, and all details shall be approved by the COMRlF joint secretariat and the Contract
Administrator prior to fabrication.
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The Contractor shall construct wood sign support posts 3.6m long each and two cross braces at the top
and bottom of the sign - all lumber shall be 2" x 4"; install and erect project signs on sign support in
location directed by the Contract Administrator; maintain sign during construction period, and removal of
signs and return to Municipality ofClarington's works yard after thirty day period following construction.
Payment for these items at the Contract price bid shall be payment in full for all labour, equipment and
materials necessary to do the work.
SILT FENCE - ITEMS NO. A21. 829. C21
The Contractor shall be paid for his erosion control operations on the basis of the unit price including all
maintenance necessary to keep the measures fully operative. The unit price b id shall include for the
removal of all temporary controls on completion of the work.
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CONTRACT NO. CL2006-29
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Light duty silt fence shall be constructed in accordance with OPSD 219.110, and shall be left in place
until disturbed areas are revegetated.
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RIVER RUN STONE - ITEM NO. B15. C12
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The work shall be performed in general compliance with the plans, OPSS 511 and as directed by the
Contract Administrator, and shall consist of supplying and placing a protective covering of approved river
run stone over the rock protection and through the culvert, to the limits shown on the Drawings and as
directed by the Contract Administrator.
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The Contractor shall supply all materials for this Item. The river run stone protection shall be sound
material, of a natural, rounded shape and clear of all fines. The quality of the stone shall be approved by
the Contract Administrator. Rock subject to marked deterioration by water or weather will not be
accepted. Stone shall satisfY the gradation requirements as follows:
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Gradation Limits for Stone Protection
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Maximum Allowable
Maximum Allowable
Maximum Allowable
Minus 150 mm
Minus 100 mm
Minus 50 mm
Minus 25 mm
95%
50%
30%
0%
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Placing shall be carried out in such a manner that the surface of the finished stone protection shall have a
uniform plane\f1at appearance, and be without segregation and the top surface shall be flush with the
streambed and shall extend for the limits as indicated on the Drawings or directed by the Contract
Administrator. The stone protection shall be 150 mm minimum thickness over the rock protection within
the watercourse and shall extend along the watercourse, as indicated on the Drawings.
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The Contract prices for the river run stone protection shall constitute full compensation for the supply of
the rock, any excavation or trimming required, the hauling and placing of rock and all items incidental to
the completion ofthe work in accordance with the Specifications.
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HOT MIX HL 4 - ITEM NO. B18 AND C17
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Payment shall be made under these Items for the supply, placing and compacting of Hot Mix H.L.-4 on
the road approaches and structures where shown on the Drawings. Asphalt shall be PGAC 58-28 with a
minimum Marshall Stability of 8,000.
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The required depth of asphalt is 50 mm.
LIVE CRIB WALL - ITEM NO. B26
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Under this Item and for the Contract price bid, the Contractor shall supply all labour, equipment and
materials to complete this Item as shown on the Drawings and as described herein. The Contractor shall
obtain the Engineers approval regarding his field location of the structure prior to work commencing on the
wall.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
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Note: The supply and placement cost for the plants is included in the plant material item and the
requirements of the Plant Material Item apply to these plants.
The potted willows (beaked willow - 40 cm pot) required under this Item shall be supplied from nursery
grade materials.
Plants shall be planted in such a manner that the roots will not be restricted or destroyed. Do not compact
soil around roots or ball.
Plant material installed less than 90 days prior to frost will be accepted in the following spring, 30 days after
the start of growing season provided acceptance conditions are fulfilled.
There shall be 6 willow potted plant bundles placed in each 1.5 m x 0.20 m opening in the crib above the
waterline (Note: each bundle to contain 5 individual 15 mm diameter plants tied in two places with string).
The bundles shall be placed in two layers alternating to higher and lower layer.
Cedar material may be supplied in cut timber form of similar cross-section or as natural logs with the bark
removed. The geotextile shall be carefully cut (minimum diameter) to allow openings for the lateral timbers
as required.
The stone included within the confines of the crib wall and immediately below the crib wall as shown on
the Drawings shall be 200 to 300 mm diameter, and the cost for this material included under this Item.
Stone shall be clean, sound, quarried limestone. Care shall be exercised to ensure that the appropriate
sized stone is placed at the wall openings so that the stone cannot be removed and that the plantings are
not damaged. The stone used for chinking the openings should be a minimum of 200 mm diameter and is
included in this Item.
NOTE: Stone, potted willow plantings and topsoil placement shall be commenced immediately after
sections of the crib wall are complete in all other respects. The excavation of the bank shall be restricted to
a length of crib wall which can be completed each day in order to minimize the risks associated with bank
failure, flooding and sedimentation of the watercourse. One layer of dead 10 - 15 mm diameter willow
cuttings or evergreen boughs shall be placed throughout the rock fill material as indicated on the drawings.
All topsoil required to complete the crib wall considered to be an integral part of this Item. Topsoil shall
meet the requirements specified under the topsoil Item. Heavy-duty coir Gute net) material shall be fastened
to the inside edge of log openings where topsoil is placed in order to protect the topsoil from high flow
erosion. It will be necessary to cut small slots in the material to allow for the various plantings.
The placement and compaction of topsoil will require care and shall not be undertaken without the
authorization of the Engineer.
PLANT MATERIAL - ITEMS NO. B27 and C19
This work shall consist of furnishing all labour and materials to supply, install and maintain, shrubs and
the plantings inside the crib wall.
Contractor shall schedule his operations so that the planting is done in the fall of 2003.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
15.
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Mulch shall be a shredded bark mulch of various sizes. Mulch shall be free of any deleterious materials
or diseased wood.
Apply anti-desiccant spray to all plant material prior to being transported.
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Co-ordinate shipping of plants and excavation of holes to ensure minimum time lapse between digging
and planting.
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Tie branches of shrubs securely and protect plant material against abrasion, and exposure to extreme
temperature change during transit. A void binding of planting stock with rope or wire which would
damage bark, break branches or destroy natural shape of plant. Give full support to root ball or large trees
during lifting.
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Keep roots moist and protected from sun and wind. Trees and shrubs that cannot be planted immediately
should be kept in shaded areas.
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The Contractor hereby warrants that plant material installed under this specification section will remain
free of defects for 2 full growth seasons. The Contractor will be responsible for warranty of plant
material and this warranty will not be conditional.
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An end-of-warranty inspection will be conducted.
During the warranty period, any plant material that has died or failed to grow satisfactorily will be
removed within two weeks of written notification by the Engineer.
Replace plant material in the spring or fall planting season as directed by the Engineer.
The following materials shall be used to complete the installation of the plant material:
Water: Potable and free of minerals which may be detrimental to plant growth.
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Mulch should have varying particle size.
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Contractor shall water plant material as required at own expense. All plant material shall be watered
immediately after planting.
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All plant material shall comply with standards outlined in the guide Specification for Nursery Stock,
Third Edition (April 1984) of Canadian Nursery Trades Association referring to size and development of
plant material and root ball. Plant material is to be sized by measuring plants when their branches are in
their natural position. Height and spread dimensions refer to main body of tree or shrub. These
dimensions should not be taken from branch tip to branch tip. All trees and shrubs are to conform to No.
1 grade only.
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Substitutions to plant material as indicated on Contract Drawings are not permitted unless written
approval has been obtained from the Contract Administrator as to type, variety and size. Plant
substitutions must be of similar species and of equal size or larger than those originally specified and at
no additional cost to the Owner.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
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Stake out location of trees and planting beds as per Contract Drawings. Make necessary adjustments in
layout. Obtain approval of all tree and shrub locations in the field from the Contract Administrator prior
to excavating and/or planting any material.
Plant only under conditions that are conducive to the health and physical condition of the plants.
Provide a planting schedule. Extending planting operations over a long period will not be accepted.
All plant material to be planted in accordance with the planting details on the Contract Drawings.
Provide drainage for planting pits in heavy soil if natural drainage does not exist. Have method approved.
Protect bottom of planting pits against freezing.
Remove water which enters an excavated area prior to planting. Ensure that the source of water is not
ground water. Report immediately to Contract Administrator if groundwater seepage is observed.
Tree pits excavated with a mechanical tree spade will not be accepted.
For detailed description of topsoil, see Topsoil specification.
Plant trees and shrubs vertically ensuring that the roots are arranged horizontally. Orient plant material to
give the best appearance in relation to view from the surrounding structures, roads and walks.
Prune trees and shrubs after planting, removing only dead, dying or weak branches. Employ clean sharp
tools and make cuts 6 mm from main branch, smooth and sloping as to prevent accumulation of water.
Remove branches that rub causing damage to bark. Do not damage led branches or remove smaller twigs
along main branches.
Obtain approval of planting before mulching material is applied. Loosen soil in planting pits and remove
debris and weeds. Spread the mulch to a minimum thickness of 100 mm. When mulch is placed in the
spring, place after the soil has warmed up and no frost is present.
Remove excess topsoil and mulch from the site and repair damage to sodded and existing plant material
caused by the planting operation. Soil or debris that spills onto pavement is to be cleaned up
immediately.
At the end of the two-year warranty period, the Contract Administrator will conduct a final inspection of
all shrubs including any replacements made during the warranty period. The Contractor shall ensure the
following:
· All replacement obligations have been completed, as identified by the Contract Administrator.
· All plant material will be exhibiting healthy growth, free of diseases and/or insect infestations.
During the warranty period, remove from the site any plant material that has died or failed to grow
satisfactorily as determined by the Contract Administrator. Replace this plant material immediately with
plant material of the same size species as originally specified.
Measurement for payment will be by each plant installed.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
17.
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ACCESS ROAD MAINTENANCE - ITEM NO. B28
Under this Item and for the Lump Sum price the Contractor shall provide maintenance for an existing
laneway which will be used for public access while the bridge is constructed.
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Maintenance will consist of minor grading works with some application of Granular' A' top dressing to
allow for car traffic.
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The Engineer will determine when the road requires maintenance and the Contractor will be compensated
on a time and materials basis for any work requested. The Contractor shall provide immediate
maintenance operations when so directed, and shall have the necessary equipment available to maintain
the road in a serviceable condition. Should the road not be maintained, the Engineer will direct the
maintenance to be completed by others at the Contractor's expense.
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Works to supply and place guiderail on an existing bridge on the access road, placement of gates at the
road limits and restoration of the laneway to its original condition will all be considered for payment on a
time and materials basis as a part of this Item.
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CLEAR STONE BEDDING TO CULVERT - ITEM NO. C6
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Under this Item and at the Contract unit price, the Contractor shall supply and place clear stone material
required for the culvert bedding including sufficient quantities to backfill any additional excavation
authorized by the Contract Administrator below theoretical bedding level, as shown on the Drawings.
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The extent of the Contract unit price Item for placing clear stone bedding under the culvert shall be as
shown on the Drawings or as revised in the field by the Contract Administrator. Where, however, the
Contractor has excavated beyond these limits, he shall supply and place, to the satisfaction of the Contract
Administrator, clear stone material as required to fill the resulting excess volume. All costs of supplying
and placing such additional material shall be deemed to be included in the Contract unit price.
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Measurement for payment of this Item shall be made in cubic metres based on the neat plan dimensions of
the bedding between the limits of the cut-off walls and to the depth shown on the Drawings, or as revised
in the field by the Contract Administrator.
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TWIN 1880 MM X 1260 MM CORRUGATED STEEL PIPE ARCH CULVERTS - ITEM NO. C7
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Under this Item and for the Contract price, the Contractor shall supply all labour, equipment and materials
necessary to design, fabricate, deliver to the site, and install the new corrugated steel pipe arch culverts
and appurtenances, all in accordance with OPSS 421 and as shown on the Contract Drawings.
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The corrugated steel pipe arch culverts shall be fabricated, supplied and installed in accordance with the
following:
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a) The culverts shall be of sufficient strength to support 1.5 m of fill and the CAN/CSA-S6-00 CHBDC
Design Live Load.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
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b) The corrugated steel pipe arches shall be in accordance with OPSS 1801. The corrugated steel pipe
arches and appurtenances shall be hot dipped galvanized in accordance with CAN/CSA Gl64. The
corrugated steel pipe arches shall be 1880 mm clear span and 1260 mm inside height. The corrugated
steel pipe arches shall be corrugated steel pipe arch as manufactured by Armtec Limited or approved
equivalent, minimum wall thickness = 3.5 mm.
c) The design shall conform to the requirements of the CAN/CSA-S6-00 C.H.B.D.C.
d) The Contractor shall submit shop drawings, including joint details, to the Contract Administrator for
review. Six copies of all drawings shall be submitted, a minimum of three weeks before commencing
fabrication, as specified elsewhere in the Contract. The shop drawings shall bear the seal and
signature of a Professional Engineer who is licensed by the Professional Engineers of Ontario
PRECAST CONCRETE BLOCK FISHW A Y - ITEM NO. C17
Under this Item and for the unit price bid, the Contractor shall complete the following work:
i) Supply and place "Landmark" heavy-duty wall blocks as supplied by Brooklin Concrete Products
Limited (tel. 1-800-655-3430) or approved equal. Blocks shall be 600 mm full height units and
of the longest possible lengths which can achieve the configuration shown on the drawings.
ii) Placement of 19 mm diameter clear stone pad with geotextile surround. Geotextile shall be
Terrafix 270R or approved equal. The pad shall extend a minimum of 150 mm beyond the
outside edges of each block.
iii) Cut 300 mm wide fishway slot in one block as indicated on the drawings.
iv) Place air-entrained (6%), low slump mass concrete (10 MPa) plugs at outside edge of joint with
culvert edges.
BOULDER VORTEX WEIR - ITEM NO. C18
Under this Item and for the lump sum price bid, the Contractor shall complete the following work.
i) Supply and place 700 mm to 900 mm diameter fieldstone in the configuration shown on the
drawings. The weir shall contain a minimum of five field stones.
ii) River stone of 200 mm to 300 mm size shall be interspersed around the field stone.
iii) Field stone of 500 mm diameter size shall be placed to line the invert of the outlet pool.
iv) Geotextile shall be Terrafix 270 R or approved equal.
The Contractor shall advise the Engineer 48 hours in advance of this work so that the Engineer is
available to approve the weir/pool configuration during its construction.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-29
19.
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STEEL PILE CUT-OFF WALLS - ITEM NO. C20
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Under this Item and for the Contract unit price, the Contractor shall supply all labour, materials and
equipment required to drive interlocking steel sheet piles, to construct the sheet pile cut-off walls, at each
end of the new culverts, as shown on the Drawings and as directed by the Contract Administrator.
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The Contractor shall be responsible for the supply, storage, handling, moving and proper care of the steel
sheet piles until placed in the work.
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The Contractor shall install the steel sheet piles to the lines and depths shown on the drawings, or as
revised in the field by the Contract Administrator. All steel sheet piles to the specified depths as shown
on the Drawings.
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The Contract unit price shall include curing off the tops of the sheet piles to the elevation shown on the
Drawings. All sheet pile cut-offs will remain the property of the Contractor.
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Installation of the steel sheet pile cut-offwalls and associated work will include the following, as shown
on the Contract Drawings and as directed by the Contract Administrator.
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a) The supply and installation ofthe steel angle, unbalanced channel and appurtenances, as shown
on the drawings. The steel angle, unbalanced channel and appurtenances shall be hot dipped
galvanized in accordance with CAN/CSA B-I64.
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Measurement for payment under this Item shall be made in square metres, on the basis of the driving lines
and length of steel sheet piles remaining in the completed structure, after the sheet piles have been cut-off
at the specified elevations, as shown on the Drawings and as directed by the Contract Administrator.
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BONDS. INSURANCE AND MAINTENANCE SECURITY - ITEM NO. Dl
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Include:
.1
.2
.3
100% Performance and Guaranteed Maintenance Bond for 24 months.
100% Labour and Materials Payment Bond
Liability Insurance based on the Contract Price.
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100% payment of this Item shall be made on the first Payment Certificate.
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MUNICIPALITY OF CLARINGTON
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REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE OVER SOPER CREEK,
CEDAR PARK ROAD BRIDGE OVER BOWMANVILLE CREEK TRIBUTARY
AND
CONCESSION ROAD 6 CULVERT OVER SOPER CREEK TRIBUTARY
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CONTRACT NO. CL2006-29
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SPECIAL PROVISIONS - TENDER ITEMS
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L. PI\2-I0801/Specs/2I 634.doc
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MUNICIPALITY OF CLARINGTON
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REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE OVER SOPER CREEK,
CEDAR PARK ROAD BRIDGE OVER BOWMANVILLE CREEK TRIBUTARY
AND
CONCESSION ROAD 6 CULVERT OVER SOPER CREEK TRIBUTARY
CONTRACT NO. CL2006-29
STANDARD DRAWINGS
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STANDARD NO.
OPSD 219.01
219.110
219.220
220.0 I
221.020
912.140
922.510
SS I 0.20
3101.150
Location Plan
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2006-29
DESCRIPTION
EROSION CONTROL BLANKETS
LIGHT DUTY SILT FENCE BARRIER
EXCA V A TED SEDIMENT TRAP
BARRIER FOR TREE PROTECTION
PUMPING AND PIPING
GUIDE RAIL SYSTEM, STEEL BEAM, WOOD POST
ASSEMBL Y, INSTALLATION - SINGLE RAIL
ENERGY A TTENUATOR, END TREATMENT
EXTRUDER ASSEMBLY
THRIE BEAM GUIDERAIL
GRANULAR BACKFILL TO ABUTMENTS
TEMPORARY ACCESS ROAD
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PERSPECTIVE VIEW
Area under
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Direction of flow
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SECTION VIEW
Silt fence barrier
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SECTION A-A
NOTE:
A All dimensions are in millimetres or metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
LIGHT DUTY
SILT FENCE BARRIER
Date
OPSD
219.110
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A Ditch cross section upstream or downstream of sediment trap may be flat
bottom or 'V' shaped.
B All dimensions are in millimetres or metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
EXCAVATED SEDIMENT TRAP Date
OPSD - 219.220
Umit of grading
1.5m
Note 2 t-- Dripline
Note 1
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cut section STANDARD PROTECTIVE TREATMENT
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MINIMUM PROTECTIVE TREATMENT
NOTES:
1 Barrier for tree protection to be erected on dripline of designated trees or woodlot edge.
Barrier may be erected within dripline to maintain a buffer distance of up to 1.5m.
2 A buffer distance of up to 1.5m to be maintained between barrier and limit of grading.
3 Maintain a minimum distance of O.75m between tree trunk and barrier.
A All dimensions are in metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING Date
Date
BARRIER FOR TREE PROTECTION
OPSD - 220.01
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INTEGRAL ABUTMENT
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NOTES:
1 d = depth of combined base and subbase courses.
f = roadbed depth of frost penetration as specified,
2 Dimensions perpendicular to back face of abutment.
3 Height to be consistent with positive drainage of subdrain as specified,
4 Where specified, wall drains shall be installed according to OPSD-3190.100,
5 150mm dia perforated pipe subdrain wrapped with geotextile,
A Lateral limits of granular backfill to bridge abutment to be inside face to inside face
of retaining wall or wingwall. Frost taper shall extend the full width of the fill unless
interrupted by the retaining wall or wingwall.
B Sections shown are parallel to centreline of roadway,
C Subdrain to be installed with a 2% gradient behind wall.
D All dimensions are in millimetres unless otherwise shown,
ABUTMENT
ONTARIO PROVINCIAL STANDARD DRAWING
WALLS
ABUTMENT, BACKfiLL
MINIMUM GRANULAR REQUIREMENT
Nov 2005
OPSD - 3101.150
-
MUNICIPAL ROAD
~
_ . BRIDGE
. TEMPORARY ACCESS ROAD
-
;,~it,..."I::~ REGIONAL ROAD
-
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CEDAR PARK ROAD BRIDGE REPLACEMENT
LOT 14/15 CON 6 FORMER TOWNSHIP OF DARLINGTON
STRUCTURE No. 99043
CL2006-29
CLIENT
CI~-!lJgfon
PROJECT
-
TEMPORARY ACCESS ROAD
PREPARED BY CHECKED BY PROJECT No
12-10801
J PANOOFF
DESIGNED BY APPROVE 0 BY MAP No
SCALE DATE 1
112500 MAY' 200fl
-
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architects
planners
1 ollel; Sill IS Hlll'ii..-kl ASSO(,ldI8S \ 19071 Llflll1r.:Ll
DRAWING
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MUNICIPALITY OF CLARINGTON
REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE OVER SOPER CREEK,
CEDAR PARK ROAD BRIDGE OVER BOWMANVILLE CREEK TRIBUTARY
AND
CONCESSION ROAD 6 CULVERT OVER SOPER CREEK TRIBUTARY
CONTRACT NO. CL2006-29
GEOTECHNICAL INVESTIGATION
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v. A. WOOD ASSOCIATES LIMITED
CONSULTING GEOTECHNICAL ENGINEERS
1080 TAPSCOTT ROAD, UNIT 24, SCARSOROUGH. ONTARIO M1X 1E7
TELEPHONE: (416) 292-2868 · FAX No: (416) 292-5375
GEOTECHNICAL INVESTIGA TION
BRIDGES AND CULVERT REPLACEMENT
BOWMANVIUE
CLARINGTON, ONTARIO
Ref No, 4842-6-1
January 2006
Prepared for:
The Municipality of elarington
c/o Totten Sims Hubicki Associates
513 Division Street
Cobourg, Ontario
K9A 5G6
DISTRIBUTION:
(6) Copies - The Municipality of Cia ring ton c/o Totten Sims Hubicki Associates
(2) Copies - VA, Wood Associates Limited
@@
ASSOCIATE OFFICE: VA WOOD (GUELPH) INC" 405 YOIIl: RoId. ~ OnlMo, N1E 3H3 TB.EPHONE: (511) 783-3101
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CONTENTS
Page
1.01 INTRODUCTION ',.".".,."""".,..,..,.".""..",.. I
2.0 FIELD WORK ,.",."."..""""...".,."",."",..",3
3,0 SUBSURFACE CONDITIONS ,.....,...."...,....".,..,.... 4
4,0 GROUNDWATER CONDITIONS """'",..""".""",." 12
5.0 DISCUSSION AND RECOMMENDATIONS """",..",."", /3
6.0 STATEMENT OF liMITATIONS ',.,.,'"""..,.",.."""" 24
APPENDIX
APPENDIX 'A' "',.",..",."""..,.,. Statement of Limitations
ENCLOSURES
No:
BOREHOLE LOCATION PLANS .",..",..."""",."" 1 to 3
BOREHOLE LOGS ',.."",...".,."".,.......""" 4 to 15
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Ref No. 4842-6-1
- 1 -
1.0 INTRODUCTION
VA. Wood Associates Limited was retained by Totten Sims Hubicki Associateson behalf of
The Municipality of CIa ring ton to carry out a geotechnical investigationfor the replacement
of 5 bridges and one culvert in Howmanville in the Municipality of Clarington, Ontario.
Structure BJ is 0 7'= metre wide concret-rated on Concession Road 7 with aspon
of about 3,5:1: metres crossing a soytJrGly flowing creek The bridge deck is approximately
~,,,.,-~
2.5:1: metres above th~/~J;D€!k'bed.
/
Structure H2, located on Old Scugog Ro ,is a 7:1: metre wide bridge with concrete
It has a span of about 9:1: metres crossing a
westerly flowing creek,
bridge deck is approximately 3,8f: metres above the creek bed,
Structure H3, located on Stephen's Mill Road, is a 5:1: metre wide bridge with concrete
abutments and steel beams. It has a span of about 9.5:1: metres crossing a southerly flowing
creek. The bridge deck is approximately 2,3f: metres above the creek bed,
Structure B4, located on Cedar Park Road, is a 6f: metre wide bridge with concrete
abutments and steel beams, It has a span of about 5,5:1: metres crossing an easterly flowing
creek. The bridge deck is approximately 2,7f: metres above the creek bed.
Ref. No, 4842-6-1 - 2 -
Structure B5. located on Vannest Road, is a 5.5:!: metre wi ridge with concrete abutments
and steel beams, It has a span of about 5.5:1: tres crossing a westerly flowing creek in
an alluvial valley, The bridge deck' pproximately 2,1:1: metres above the creek bed,
Structure C3 is a culvert located on Concession Road 6 and is composed of two ovoid-
shaped 1.5 m wide and 1 m high corrugated steel pipes, each about 15:1: metres long, The
road embankment is about 1:1: metre thick above the top of the pipes,
It is understood that the work on each of these bridges will involve full replacement of the
structure and upgrades on the approaches. The purpose of the investigation was to reveal
the subsurface conditions and to determine the relevant soil properties for the design and
construction of the foundations of the replacement structure, approach embankments and
pavements.
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Ref No, 4842-6-1
2.0 FIELD WORK
-3-
The field work was carried out between January 24 and 3 I, 2006, and consisted oj two
boreholes at each structure at the locations shown on Enclosures 1 to 3 inclusive, The
boreholes were advanced to the sampling depths by means oj a power-auger machine,
equipped Jor soil sampling. Standard Penetration tests were carried out at Jrequent intervals
oj depth and the results are shown on the Borehole Logs as N-values,
The field work was supervised by a soils technician and the soil samples were logged by a
soils engineer, All samples were transported to our laboratories for further examination,
classification and testing, The ground elevation at each borehole location was reJerred to
a temporary benchmark located at the top of the bridge deck at the centerline of the road at
each structure location, All oJthe benchmarks were given an assumed elevation of 100, OOm,
Ref No, 4842-6-1
3,0 SUBSURFACE CONDITIONS
-4-
Full details of the soils encountered in each borehole are given on the Borehole Logs,
Enclosures 4 to 15 inclusive. and the following notes are intended to summarize this data,
Structure B 1
Both boreholes encountered granular fill 0,6 metre thick
The granular fill was underlain by fill, w ich extended to a depth of 1,4 to 2,1 metres below
grade. This fill is comprised mainly 0!J ilty sand. Standard Penetration tests in the fill gave
N-values of 7 to 11 blows/300mm. nd its moisture content was of the order of 18%,
Based on the test results. the I is considered to be in a generally loose condition,
Thefill was underlain b] a deposit of peat. which extended to a depth of2, 5 to 2,9 metres
below grade, Stand rd Penetration tests in this deposit gave N-values of 6 to15
blows/300mm. and s moisture content was found to rangefrom 28% to more than 60%.
Based on the t st results, the peat is considered to be in a loose to compact condition,
The peat as underlain by a deposit of sand or graveliv sand. which extended to a depth
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Ref No. 4842-6-J _ 5 _
of 3,7 to 3,8 metres below grade. This deposit contai d sub-rounded gravels and appears
to be alluvial in origin, Standard Penetration test in this deposit gave N-values of23 to
more than J 00 blows/300mm. although the very hi h N- value is likely due to gravel blocking
the SPT shoe, The moisture content of this de sit was of the order of 20%.
Based on the test results. the sand/gravell sand is considered to have a compact to dense
relative density.
The sand/gravelly sand was under in by a deposit of fine sand. which extended to the
maximum depth investigated (i,e., ,6 to 9,6 metres below grade). Standard Penetration tests
in this deposit gave N-values be een J 2 and 54 blows/300mm, and its moisture content was
found to range between 20 a ~ 22%.
Based on the test results, he sand is considered to have a generally compact to very dense
relative density,
The pavement was underlain b fill. which extended to a depth of 2,J to 2.9 metres below
Structure B2
Both boreholes encountered
fill O.6i: metre thick.
Ref No. 4842-6-1 - 6-
grade, This fill is comprised mainly of gravell Standard Penetration tests in the fill
gave N-values of5 to 26 blows/300mm, and' s moisture content varied between 6 and II%.
Based on the test results, the fill is cons ered to be in a loose to compact condition,
The fill was underlain by sil sand II which extended to the maximum depth investigated
(i.e" 9,6 metres below grade), Th till is comprised of a silty sand matrix which contained
traces offine gravel, Standard enetration tests in this deposit gave N-values of 16 to more
than 100 blows/300mm, and s moisture content was found to range between 8 and 13%.
Based on the test results, the sandy silt till is considered to have a compact to very dense
relative density,
Structure B3
.
Both boreholes encountered granular fill O,6:J: metre thick.
.
.
The granular fill was underlain by ti1L which extended to a depth of 2,1 to 2,9 metres below
grade, This fill is comprised of sand mixed with silt and gravel. Standard Penetration tests
in the fill gave N-values of 4 to 13 b/ows/300mm, and its moisture content was of the order
of I2%.
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Ref No, 4842-6-1 - 7 _
Based on the test results, the fill is considered to be in a loose to compact condition.
The fill in Borehole B3-1 was underlain by a deposit of peat. which extended to a depth of
2,6:1: metres below grade, Standard Penetration tests in this deposit gave N-values of 6 to14
blows/300mm. and its moisture content was of the order of50%,
Based on the test results, the peat is considered to be in a loose to compact condition.
The fill in Borehole 3-2 and the peat in Borehole 3-1 were underlain bya deposit of clavev
silt till. which extended to the maximum depth investigated (i.e" 6,6 to 9,6 metres below
grade). This till is comprised of a clayey silt matrix which contained traces of fine gravel,
Standard Penetration tests in this deposit gave N-values between 17 and 54 blows/300mm,
and its moisture content wasfound to range between 15 and 191',/0,
Based on the test results, together with a visual and tactile examination, the clayey silt till
is considered to have a very stiff to hard consistency,
Structure B4
Both boreholes encountered granular fill O.3:i: metre thick.
The granular fill was underlain by fill. which extended to a depth of 1.4 to 2.1 metres below
Ref No, 4842-6-1 _ 8-
grade, This fill is comprised of mixed silt and sand. Standard Penetration tests in the fill
gave N-values of 5 to 8 blows/300mm, and its moisture content was of the order of 12%.
Based on the test results, the fill is considered to be in a loose condition.
The fill in Borehole B4-1 was underlain by a deposit of peat. which extended to a depth of
2,1x metres below grade. A Standard Penetration test in this deposit gave an N-value of
6 blows/300mm, and its moisture content was of the order of 43%,
Based on the test results, the peat is considered to be in a loose condition,
The fill in Borehole B4-2 and the peat in Borehole B4-1 were underlain by silty clav till.
which extended to a depth of 2,9 to 7 metres below grade, This till is comprised of a silty
clay matrix which contained traces of fine gravel, Standard Penetration tests in this deposit
gave N-values between 11 and 22 blows/300mm, and its moisture content wasfound to vary
between 16 and 18%,
Based on the test results. together with a visual and tactile examination, the silty clay till is
considered to have a stiff to very stiff consistency,
The silty clay till in Borehole B4-2 was underlain by a deposit of clav. which extended to a
depth of 7x metres below grade. Standard Penetration tests in this deposit gave N-values
.
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Ref No. 4842-6-1
of 5 to 6 blows/300mm, and its moisture content was of the order of /2%.
- 9-
Based on the test results, together with a visual and tactile examination, the clay is
considered to have a soft to firm consistency,
The silty clay till in Borehole B4-1 and the clay in Borehole B4-2 were underlain by sandv
silt tiU. which extended to the maximum depth investigated (i,e,. 6.6 to 9,6 metres below
grade), This till is comprised of a sandy silt matrix which contained traces of fine gravel,
Standard Penetration tests in this deposit gave N-values between 41 and 45 blows/300mm,
and its moisture content was found to range between 11 and 12%,
Based on the test results. the sandy silt till is considered to have a compact to dense relative
density,
Structure B5
The granular fill was underlain fill which extended to a depth of 2,/ to 2,4 metres below
grade, This fill is comprised 'Of mainly of sand with mixed topsoil and gravel. Standard
Penetration tests in this fil gave N-values between 7 and /2 blows/300mm. and its moisture
Ref No. 4842-6-1 _ 10-
Based on the test results, the fill is considered to be i a loose to compact condition,
The fill in Borehole B5- 1 was underlain by a depo it of peat, which extended to a depth of
2.4x. metres below grade, A Standard Penetrat n test in this deposit gave an N-value of
3 blows/300mm, and its moisture content was Jf the order of 2 4%,
Based on the test results. the peat is consi red to be in a very loose condition,
Thefill in Borehole B5-2 was underlain ~ clavevsilttill. which extended toa depth of5.5:i::
metres below grade. This till is comp sed of a clayey silt matrix which contained traces of
fine gravel, Standard Penetration t sts in this deposit gave N-values of between 10 and 37
blows/300mm, and its moisture c tent was found to range between 10 and 11 %.
Based on the test results. toge er with a visual and tactile examination. the clayey silt till
is considered to have a stiff hard consistency,
.
The peat in Borehole B5 1 and the clayey silt till in Borehole B5-2 was underlain by siltv
sand till. which extend to the maximum depth investigated (i,e., 9,6 metres below grade),
This till is comprised if a silty sand matrix which contained traces of fine gravel. Standard
Penetration tests in his deposit gave N-values between 29 and more than 100 blows/300mm,
and its moisture ntent was found to range between 7 and 13%.
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-11-
results, the silty sand till is considered to have a generally very dense
Structure C3
Borehole C3-2 encountered a pavement consisting of asphalt 25::!: mm thick and granular
fill 0.6.::!: metre thick. Borehole C3-1 encountered granular fill 0.6::!: metre thick.
The granular fill was underlain by fi". which extended to a depth of 1. 4 to 2,1 metres below
grade, This fill is comprised mainly of sand, Standard Penetration tests in this fill gave N-
values of 4 to 22 blows/300mm, and its moisture content was of the order of5%.
Based on the test results, the fill is considered to be in a loose to compact condition,
The silty sand was underlain by sandv silt till. which extended to the maximum depth
investigated (i.e" 6,6 metres below grade), This till is comprised of a sandy silt matrix which
contained traces of fine gravel. Standard Penetration tests in this deposit gave N-values of
15 to more than 100 blows/300mm. and its moisture content was found to range between 3
and 19%.
Based on the test results, the sandy silt till is considered to have a compact to very dense
relative density,
Ref No, 4842-6-1
4.0 GROUNDWA TER CONDITIONS
-12 -
A free water surface was encountered in all of the boreholes, except Boreholes B1-1, at a
depth of between 1,8-1= and 2.1-1= metres below grade. Borehole B1-1 caved in upon
completion of the fieldwork.
An examination of the soil samples indicated that there was a colour change in the subsoils
from brown to grey at a depth of2.1-1= metres below grade in Boreholes B4-1 and B4-2, at
a depth of 2,9r. metres below grade in Boreholes B2-2, B5-1 and B5-2, and at a depth of 4x
metres below grade in Boreholes B3-1, B3-2, C3-1 and C3-2.
Based on the foregoing, the permanent groundwater table is considered to be located at a
depth of about 1,8 to 2,1 r. metres below grade, depending on the water levels in the creeks.
Perched water conditions may occur within the fill,
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Ref No. 4842-6-1
5.0 DISCUSSION AND RECOMMENDATIONS
-13 -
5.1 General
The boreholes encountered a pavement comprised of 0 to 40 mm asphalt and 0.3 to 0,6 metre
thickJollowed by 0,8 to 2.3 metres of fillJollowed by 0 to 1.1 metres of peat, then competent
deposits of alluvial sands and lor glacial till,
The groundwater table is considered to be located at a depth of between 1.8 to 2,1 z metres
below grade. depending on the water levels in the creeks, Perched water conditions may
occur within the fill,
It is understood that the work on each of these bridge/culvert locations will involve full
replacement of the structure and upgrades on the approaches. Full details of the proposed
changes were not available at the time of this report and, therefore the following
recommendations should be reviewed when these details are available,
5,2 Foundations
The foundation for the bridges should extend at least 1,2 metres below the anticipated
maximum scour depth.
Ref No, 4842-6-1
Structure Bl
- 14-
Thefoundation of the abutments shou extend to or below the surface of the compactfine
sand which was encountered at a de h of about 3. 8:1: metres below grade. and is considered
capable of supporting spreadfooti gs designed to an allowable bearingpressure of 150 kPa
under SLS condition (225 /cPa a ULS),
An alternative foundation s ution would be the use of driven piles, Steel tube or H-piles
driven to an appropriate ' et' in the dense to very dense fine sand can be designed using a
steel stress of 65 MPa at 'IS or 90 MPa at ULS. The pile length is difficult to estimate, but
is likely to be of the 0 (Jer of 10 metres, It is noted that H-piles will be driven to a much
Due to the oce rence of highly permeable sands below groundwater table the use of
caissons is not ecommended,
,
Structure B2
.
The creek bed is at its deepest at 1east 4 metres below the existing bridge deck and top of
boreholes. The bridge founda on should. therefore. extend at least 5,2 metres below the
existing grade. The soil strat at this elevation is composed of compact to dense silty sand
till, which would be suitab for spread foundations designed to an allowable bearing
j
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Ref No, 4842-6-1
pressure of at least 300 kPa under SLS condi ons (450 kPa at ULS).
-15 -
An alternative foundation solution would e the use of caissons, Augered, cast-in-place
concrete caissons founded at least one iameter into the very dense silty sand till, which
were encountered at a depth of about :r metres. can be designed for a bearing capacity of
up to 800 kPa under SLS conditions 1200 kPa at ULS). The caissons should have a length
of at least 2,5 times the diameter.
Steel H-piles driven to an app 'Priate 'set' in the dense to very dense silty sand till could
also be used and these can b designed using a steel stress of 65 MPa at SLS or 90 MPa at
ULS. The pile length is di cult to estimate. but is likely to be of the order of 7 metres,
Structure B3
The foundation of the abutments should extend to or be/ow the surface of the very stiff to
hard clayey silt till which is considered capable of supporting spread footings designed to
an allowable bearing pressure of 200 kPa under SLS condition (300 kPa at ULS),
An alternative foundation solution would be the use of caissons, Augered. cast-in-place
concrete caissons founded at least one diameter into the hard clayey silt till can be designed
for a bearing capacity of up to 600 kPa under SLS conditions, or 900 /cPa at ULS. The
caissons should have a length of at least 2.5 times the diameter.
Ref No. 4842-6-1 _ 16-
Steel tube or H-piles driven to a specified set in the hard clayey silt till can also be used. For
preliminary design an allowable pile capacity based on a skinfriction of 50 kNlm1 within the
hard clayey silt till may be used, The actual pile capacity should be determined based on
industry accepted pile drivingformulae,
Structure B4
The creek bed is at least 2,5 metres below the existing bridge deck and top of boreholes. The
foundation should, therefore, extend at least 3,7 metres below the existing grade. Weak clay
was encountered at a depth of about 4:1: metres in Borehole 84-2 , and is not considered
suitable sub-grade for a spread foundation. A spread foundation extending into the dense
sandy silt till was encountered at a depth of5.5 to 7 metres is likely to be uneconomical,
The use of caissons or driven piles is the recommended foundation solution, Augered. cast-
in-place concrete caissons founded at least one diameter into the dense sandy silt till can be
designed for a bearing capacity of up to 600/cPa under SLS conditions, or 900 kPa at ULS.
The caissons should have a length of at least 2,5 times the diameter,
Steel H-piles driven to an appropriate 'set' in the dense sandy silt till could also be used and
these can be designed using a steel stress of 65 MPa at SLS or 90 MPa at ULS. The pile
length is difficult to estimate, but is likely to be of the order of 10 metres. The penetration for
H-piles will be greater than that for tube piles.
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Ref No, 4842-6-1
Structure B5
-17-
The creek bed is at its deepest at least 2 me es below the existing bridge deck and top of
boreholes, The bridge foundation should therefore, extend at least 3,2 metres below the
existing grade, The soil stratum at this de th in the boreholes is composed of either compact
silty sand till or stiff to hard clayey silt ti ,which could support spread foundations designed
to an allowable bearing pressure of 2 0 kPa under SLS conditions (300 kPa at ULS).
An alternative foundation solutio would be the use of caissons. Augered, cast-in-place
concrete caissons founded at Ie t one diameter into the very dense silty sand till, which
were encountered at a depth of 5:1:: metres, can be designed for a bearing capacity of up to
800 kPa under SLS conditions. '(1200 kPa) at ULS. The caissons should have a length of at
least 2.5 times the diameter.
Steel H-piles driven to an 'Ppropriate 'set' in the dense to very dense silty sand till could
also be used and these c n be designed using a steel stress of 65 MPa at SLS or 90 MPa at
ULS. The pile length ' difficult to estimate, but is likely to be of the order of 7 metres,
Structure C3
It is anticipated that the replacement culvert will rest on a concrete or gravel base, The
subgrade of this base should extend to or below the surface of the compact sandy silt till
Ref No, 4842-6-1
-18 -
which was encountered at a depth of 1.2 to 2.1 metres below grade, and could support
bearing pressures of up to 200 kPa.
It is estimated that the total and differential settlements offoundations designed to the above
bearing pressures will be less than 25 and 20 mm respectively, These are normally
considered to be acceptable for the proposed structure.
All foundation excavations, pile and caisson installations should be inspected by
geotechnical personnel from V.A. Wood Associates Limited to ensure the founding soils are
similar to those identified in the Borehole Logs and that they are capable of supporting the
design loads,
5,3 Abutments
The bridge abutments should be founded at a depth of not less than 1,2 metres below the
anticipated maximum scour depth. The abutment walls should be designed to resist lateral
earth pressures, the magnitude of which can be obtained from:
p
K (y d + q)
where
~
earth pressure kN/m1
earth pressure coefficient; 0,35 for a free cantilever or
0,45 for a propped cantilever or rigid frame
bulk density of backfill; 20 kN/m3 for granular fill
depth below finished grade in metres
P
K
=
=
Y
d
=
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Ref No, 4842-6-/
- /9-
q
=
surcharge due to live load
The abutment should be designed to resist overturning with a factor of safety of at least 2
during all stages of construction.
The abutment should also be designed to resist sliding with afactor of safety of at least /,5,
the resistance to sliding will be provided by the friction between the concrete base and the
subsoil, The sliding resistance may be calculated based on africtionfactor of 0,5 for sandy
silt till and gravelly sand. and 0.4 for sandy silt till, and 0,3 for clayey silt till and silty clay
till. Additional lateral resistance, if required, may be provided by a shear key,
Where driven piles or caissons are installed the lateral shear capacity will be provided by
the piles or caissons, The lateral resistance of piles or caissons subjected to horizontal loads
can not be assessed without a full scale loading test, However, for piles or caissons which
length does not exceed ten times its diameter, the following equation has been established
(Hroms, 1964).
In cohesive soils:
L
Pu [Pu (h + /.5 D + PJ(I8 CjJ)r
== 1.51) 1- ------- 1r -------------------------------------------
9 CjJ [ 2.25 CjJ J
In cohesionless soils:
Pu =
~'_~_!_E~~!p
h+L
Ref No. 4842-6-1 _ 20-
where: L = required length of pile, measured from the resisting surface (m)
D = diameter of pile (m)
Pu = ultimate horizontal load on pile (kN)
Cu = undrained shear strength (/cPa)
h = height of line of action of the load above the ground surface (m)
y = bulk density (kN/mJ)
Kp = coefficient of passive earth pressure
The following soil parameters are recommended:
Structure Undrained Shear Bulk density Passive Earth Pressure
Number Strength, Cu r (kNlmJ) Coefficient, Kp
Bl 100 kPa for sand 19 kNlne' 5.0
B2 200 kPa for silty sand till 20 kNlmJ 6.0
B3 200 /cPa for clayey silt till 19 kNlmJ 5.0
75 kPa for silty clay till 19 kNlmJ 3.0
B4 35 kPafOr clay 18 kNlmJ 1,0
200 kPa for silty clay till 20 kNlmJ 5,0
B5 200 kPa for silty sand till 20 kNlmJ 6,0
5.4 Excavation and Groundwater Control
Excavations below the creek water level in the fill and peat deposits are likely to experience
strong water inflows and can be dewatered by pumpingfrom within closed interlocking sheet
piling. In times of very low stream flow, it may be possible to dewater the excavations using
sand bags and pumpingfrom local sumps.
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Ref No. 4842-6-1 - 21 -
In Structure B 1 where alluvial sands and fine sand underlie the peat. stronger water inflows
are expected, Owing to the high permeability of the sands it may be may be difficult to
dewater the excavation, unless the sheet piles are sufficiently deep and are water-tight at the
joints, Strong water seepage may also cause piping of the sands, It is recommended that
driven piles be considered as the foundation solution for this bridge.
In Structures B3 and B4, it is noted that the silty clay till and clayey silt till may be sensitive
to disturbance due' to wetting and construction traffic, The excavation surface should
therefore be protected where required with a concrete mud mat.
Temporary excavations above the water level should cut back to slopes of 1: 1 in the fill.
alluvial sand and till. Excavations in the peat should be made shallower at a slope of 1: 1.
Alternatively, the excavation should be supported using adequately braced sheeting.
It is anticipated that the excavated materials, except peat or peaty soils, will generally be
suitable for re-use as common backfill material. provided its moisture content is kept within
5% of its optimum value, Backfill should be placed in horizontal layers 150 to 200mm thick
and compacted to at least 98% of its Standard Proctor maximum dry density,
Backfilling of the culverts should be carried out such that the difference in elevation on either
side of the culvert does not exceed 0.5 metre at anyone time,
Ref No, 4842-6-1
- 22-
If caissons are used, a temporary liner will be required to support the excavation and control
seepage, as well as to permit adequate cleaning and downhole inspection,
5.5 Approach Embankments
It is anticipated that any changes in the elevation of the bridges will be minimal, such that
the finished grades are unlikely to exceed 1 metre above the existing grades, In this case, the
additional embankment can be supported by the existing fill, The subgrade should approved
bya representative from this office prior to placing any fill. Any additional fill should consist
of approved material, and should be placed in 150 to 200 mm thick layers and compacted to
at least 98% of its Standard Proctor maximum dry density. The side slopes of the
I
embankments are expected to be stable at a grade of 2 horizontal to 1 vertical.
.
Visual examination of the surficial granular fill indicate these are generally too fine for a
base material, although it is noted that due to traffic constraints the boreholes were drilled
on the shoulders of the road. It is suggested that more specific sampling and laboratory
grain size analyses of the existing road base material be carried out to determine compliance
with granular base requirements,
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Ref No, 4842-6-1
5,6 Pavement Design
- 23-
Considering the traffic requirements and subsoil conditions, the following pavement design
is recommended:
HL-3 Asphaltic Concrete
HL-8 Asphaltic Concrete
Granular 'A' or 20 mm crusher run limestone
Granular 'B' or 50 mm crusher run limestone
40mm
50mm
150 mm
300 mm
The base and sub-base granular materials should be compacted to at least 98% Standard
Proctor maximum dry density and the asphaltic concrete to 96% Marshall density, The
thicknesses shown above are compacted thickness of the materials. ,
Frequent inspection by geotechnical personnelfrom V.A, Wood Associates Limited should
be carried out during construction to verify the compaction of the subgrade, base courses
and asphaltic concrete by in-situ density testing using nuclear gauges,
Ref No, 4842-6-1
6,0 STATEMENTOFUMITATIONS
-24 -
The Statement of Limitations presented on Appendix 'A' is an integral part of this report.
Y:A. WOOD ASSOCIA TES LIMITED
Prepared by:
./~
Renato Quiambao, B, Sc,
RQIVW
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APPENDIX
Ref No. 4842-6-1
APPENDIX 'A'
STA TEMENT OF LIMITATIONS
The conclusions and recommendations in this report are based on information determined at the
borehole locations and on geological data of a general nature which may be available for the area
investigated. Soil and groundwater conditions between and beyond the boreholes may differ from
those encountered at the borehole locations and conditions may become apparent during
construction which would not be detected or anticipated at the time of the soil investigation,
We recommend that we be retained to ensure that all necessary stripping, subgrade preparation and
compaction requirements are met, and to confirm that the soil conditions do not deviate materially
from those encountered in the boreholes, In cases where this recommendation is not followed. the
comoany's responsibilitv is limited to interpreting accurately the information encountered at the
borehole locations,
This report is applicable only to the project described in the introduction, constructed substantially
in accordance with details of alignment and elevations quoted in the text,
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ENCLOSURES
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Ref, No, 4842-6-1
Enclosure 1
BH-B1-1 /
EI.100,01m /
- -0=---j-j-T-----.---j-
CONCESSION ROAD 7: ! I. / BH-B1-2
l! EI. 99.94m
----.----.... -- '.. -.-. ~--.--.....'.... ....... "1'-' ......-....+....
N
t
..-----_ I r--,
-_w...._.-...._....:..__~__J.;..-.
. _..-..;:,.,,--
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Benchmark:
Top of bridge deck at
road centerfme,
Assumed EIev, 100,OOm
BH-B2-2
E.!. QQ "?m
~-_/
BH-B2-1
EI. 100,30m
4-
N ·
--.__w.._____ .......
./
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OLD SCUGOG ROAD
'..
Concrete Abu1rnent
and Wingwall
- I ! IS I am 1 -T-' .
------L. I , ;..-l----
--t...., __~__........""'---
- -==---. .",..
SCAlE
~
:= ""
Benchmark:
Top of bridge deck at
road centerline.
Assumed Elev. 100.00m
/ STRUCTURE 82
BOREHOLE LOCATION PLAN
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Ref, No, 4842-6-1
Enclosure2
BH-B3-1
ELl00.46m
N
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STEPHEN'S MILL ROAD . i
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BRIDGE
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Concrete . _. ._" ,_ "...
Abutment Steel Beam
-~J"J ~_,~-~~=--.:IJ>---
SCAlE
'1 ::. + S
-- ~_.. - .. -..- .-
11",.
Benchmal1c
Top of bridge deck at
road centerline.
Assumed EIev. 100.00m
STRucfURE'B3'
. .
..-..-- -....-.-.---. .
CEDAR PARK ROAD
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Assumed Elev. 100.00m
STRUCTURE 84
BOREHOLE LOCA liON PLAN
-
-_.,-----------.----,--,
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VANNEST ROAD ! I I
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TURE 85
.
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.. .-
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STRUCTURE C3
BOREHOLE LOCATION PLAN
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Reference No: 4842-6-1
Client: Mun, of Clarington c/o TSH
Project: Bridge/Culvert Replacement
Location : Bowmanville, Clarington, ON
Datum Elevation: Local
Borehole No : B3-1
Enclosure No : 8
Method: Auger
Diameter: 1I0mm
Date: January 31, 2006
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Description
Ground Surface
GRANULAR RLL
RLL
Sand mixed with some sil' and
granl, moist, compact condi.ion
.;
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Pea. with wood fragments
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Client: .\fun. of Clarington c/o TSH
Project: Bridge/Culnrt Replacement
Location: Bowmanville, Clarington, ON
Datum Elevation: Local
98,12123
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Description
GRANULAR RLL
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Sand mixed with some silt and
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eLA YEY SIL T nLL
Hard, trace fine gravel. with seams
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End of Borehole
-
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Reference No : 4842-6-1
Client: Mun. of Clarington do TSH
Project: Bridge/Culvert Rep12cement
Location: Bowmanville, Clarington, ON
Datum Elevation: Local
Borehole No: B4-1
Enclosure No: 10
Method: Auger
Diameter: 1101010
Date: January 26, 2006
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Ground Surface
GRANULAR FILL
FILL
Mixed silt aad sand, moist, loose
conditioa
PEAT
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Disk No :
Sheet: I of!
Reference No: 4842-6-1
Client: Mun, of Clarington do TSH
Project: Bridge/Culvert Replacement
Location: Bowmanville, Clarington, ON
Datum Elevation: Local
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End of Borehole
Borehole No : B4-2
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Reference No : 4842-6-1
Enclosure No : 14
Client: Mun, of Clarington do TSH
Project: Bridge/Culvert Replacement
Location: Bowmanville, Clarington, ON
Datum Elevation: Local
Borehole No: C3-1
Method: Auger
Diameter: 1l0mm
Dale: January 24, 2006
SUBSURFACE PROFILE
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Reference No : 4842-6-1
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Borehole No : C3-2
Enclosure No: 15
Client: Mun. of Clarington c/o TSH
Project: Bridge/Culvert Replacement
I
Method: Auger
Location: Bo,,"manville, Clarington, ON
Diameter: II0mm
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SAMPLE
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....
MUNICIPALITY OF CLARINGTON
....
REPLACEMENT OF THE GEO. A. STEPHEN BRIDGE OVER SOPER CREEK,
CEDAR PARK ROAD BRIDGE OVER BOWMANVILLE CREEK TRIBUTARY
AND
CONCESSION ROAD 6 CULVERT OVER SOPER CREEK TRIBUTARY
....
CONTRACT NO. CL2006-29
....
-
....
....
....
..
-
..
..
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
-
-
....
..
...
-
-
ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
-
-
-
..
-
..
....
-
..
-
-
GENERAL CONDITIONS OF CONTRACT
..
SEPTEMBER 1999
-
-
-
-
..
-
..
-
-
-
..
-
-
-
-
-
...
-
-
-
-
-
GENERAL CONDITIONS OF CONTRACT
Table of Contents
SECTION GC 1.0 -INTERPRETATION
GC 1.01 Captions.............................. ............ ............ .......... ..... .... ............ -.... ......................... 1
GC 1.02 Abbreviations ................................... ..................................... .............. .... ...... ..... ...... 1
GC 1.03 Gender and Singular References............................................................................ 1
GC 1.04 Definitions......... ...... ............ ..... ..... ......... ......... .... ..... ................................................ 1
GC 1.05 Substantial Performance ......................................................................................... 5
GC 1.06 Completion.... _.......... ............ ........................... ....... ............ .................... ........... ...... 6
GC 1.07 Final Acceptance .................................................................................... ................. 6
GC 1.08 Interpretation of Certain Words ............................................................................... 6
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Order of Precedence ............................................................................................... 7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority ........................................................................... 8
GC 3.02 Working Drawings .... ................................... .................. ..... ..................................... 9
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ................. 9
GC 3.04 Emergency Situations.................................. .................................... ...................... 10
GC 3.05 Layout............. ...... .... ........... ........................... ...... ..... ............. ............................... 10
GC 3.06 Working Area ....................... .............. .......... ......... ................ ........... .............. ........ 10
GC 3.07 Extension of Contract Time ................................;.................................................. 10
GC 3.08 Delays .......... ............ ....................... ... .......... ...................... ..... ....................... ........ 11
GC 3.09 Assignment of Contract ......................................................................................... 11
GC 3.10 Subcontracting by the Contractor .......................................................................... 11
GC 3.11 Changes ............................................................... .......... ............ ........................... 12
GC 3.11.01 Changes in the Work .......... ......... ................ ......... .............. ................................... 12
GC 3.11.02 Extra Work.. ........... ..... ......... .......... .............. ......... ....... .......... .................... ........ .... 12
OPS General Conditions of Connct . September 1999
T'" of Contenta -I
GC 3.11.03
GC 3.12
GC 3.13
GC 3.14
GC 3.14.01
GC 3.14.02
GC 3.14.03
GC.3.14.04
GC 3.14.05
GC 3.14.06
GC 3.14.07
GC 3.15
GC 3.15.01
GC 3.15.02
GC 3.15.03
GC 3.15.04
GC 3.15.05
GC 3.16
Additional Work ............... ................. ............. ..... ................................................... 12
Notices................................. ..... ............................................................................. 12
Use and Occupancy of the Work Prior to Substantial Performance .....................13
Claims, Negotiations, Mediation .................... ......... ....... ............. ......... ....... ........... 13
Continuance of the Work ........................................ ................... ..................... ....... 13
Record Keeping... ....... ..... ....................................... .................... ................ ........... 13
Claims Procedure ................................ .................................................................. 13
Negotiations............................. .............. ........ ..... ..... ..... .................. ....................... 14
Mediation .. .............................................. ............ ........................................ ........... 14
Payment.................................. ....... ...... ................ ......... ................. ................... .... 14
Rights of Both Parties ............................................................. .................... ........... 15
Engineering Arbitration ....... ...... ....... ...... ............. ............... ............... .......... ..... .:.... 15
Conditions for Engineering Arbitration................................................................... 15
Arbitration Procedure................. ....................................... .......................... ........... 15
Appointment of Arbitrator........... ............................... ................................... .......... 15
Costs.......................................... ......................... ..... .......... ................ .................... 16
The Decision............................. ............................ ................................................. 16
GC 4.01
SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RlGI-ITS
Archaeological Finds........ ........................................ ................................. ............ 16
GC 4.02
GC 4.03
GC 4.04
GC 4.05
GC 4.06
GC 4.07
GC 4.08
GC 4.09
Working Area..................... ....................................... .... ......................................... 17
Approvals and Permits .... ....... ................... ............... .... ...... ....... ............. ............... 17
Management and Disposition of Materials ............................................................ 17
Construction Affecting Railway Property..... ........:........... .......... .........................:.. 18
Default by the Contractor........................... ............................... ...... ........ ............... 18
Notification of Default ....... ...... ............... ..... ............. .... ............. ................ ...... ....... 18
Contractor's Right to Correct a Default.................................................................. 18
Owner's Right to Correct Default........... ...... ................... ................ ......... .............. 18
Tennination of Contractor's Right to Continue the Work....................................... 18
Table of Contents - II
OPS General CondItions of ContrIICt - September 1999
:-..
. - ...
..
)
III
...
IIIIi
..
..
..
..
III
..
...
II
..
...
II
III
..
-
-
GC 4.10
- GC4.11
if.- GC 4.12
..
GC 4.13
Final Payment to Contractor.................................................. ...... ........ ..... ............. 19
Termination of the Contract............................................ .......... ............ ............ ..... 19
Continuation of Contractor's Obligations ........ ....................... ................................ 19
Use of Performance Bond ..................................................................................... 19
GC 5.01
SECTION GC 5.0 - MATERIAL
-
-
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
-
..
-
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
Protection of Work, Persons and Property ............................................................ 23
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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
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Indemnification .................... ........... .............. ......... ................................... ............. 23
Contractor's Insurance...... ... ........... .......... .................. ........... ............. ....... ... ......... 24
General........ ............... ........ ............ ..... .................... ............... ............................... 24
General Liability Insurance. ............ ........... ..... ............ ............. .............................. 24
Automobile Liability Insurance. ...... ................ ........... ...... ................ ....................... 24
Aircraft and Watercraft Liability Insurance............................................................. 25
Property and Boiler Insurance ................................................................... ....... ..... 25
Property Insurance............ .................................................................................... 25
Boiler Insurance................. ...... .......................... ......... ............. .... ..... ..................... 25
Use and Occupancy of the Work Prior to Completion........................................... 25
Payment for Loss or Damage..............................~................................................. 26
Contractor's Equipment Insurance ................ ......................... ............... n.............. 26
Insurance Requirements and Duration.................... .............. ........... ........... ....._.... 26
Bonding................ ................. ........... .............. ............ .............. .............................. 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
General................................ .................................................................................. 28
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GC 7.01
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OPS GenerIII Conditions of Contr8Ct . September 1999
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC 7.09
GC7.10
GC 7.11
GC 7.12
GC 7.13
GC 7.14
GC 7.15
Layout................................. ........................... ................................... .......... ........... 29
Damage by Vehicles or Other 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 Material..... ....... .............. .................... ........ !........ .............. 36
Certification and Payment............. ........... ................................. ..... ......... .............. 36
Progress Payment Certificate.......... ................................... ............ ........... ............ 36
Certification of Subcontract Completion .............:.................................................. 37
Subcontract Statutory Holdback Release Certificate and Payment...................... 37
Certification of Substantial Performance ............................... ...... ................ .......... 37
Substantial Performance Payment and Substantial Perfonnance Statutory
Holdback Release Payment Certificates ..................................... .................... ...... 38
Certification of Completion ...... ........... ......... .......... ..... .............. ................. ............ 38
Completion Payment and Completion Statutory Holdback Release
Payment Certificates .... .......... ........... ..... ............................ ..... .... ... ...... ... ..... ...... ... 39
Interest.... ......... ..... .................................... ...................................... ....................... 39
Interest for Late Payment... ............. ............................................................... ....... 39
Interest for Negotiations and Claims ..................................................................... 40
Owner's Set-Off .................. ........ .......... ............ ..... ........................ ........................ 40
Table of Contents -Iv
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GC 8.02.03.12 Delay in Payment ....... .................................... ............ ................ ......... ........... ....... 40
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GC 8.02.04
GC 8.02.04.01
GC 8.02.04.02
GC 8.02.04.03
GC 8.02.04.04
GC 8.02.04.05
GC 8.02.04.06
GC 8.02.04.06.01
GC 8.02.04.06.02
GC 8.02.04.07
GC 8.02.04.08
GC 8.02.04.09
GC 8.02.05
GC 8.02.06
GC 8.02.07
GC 8.02.08
GC 8.02.09
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Payment on a Time and Material Basis................................................................. 40
Definitions.............................................................................................................. 40
Daily Work Records. .......... ...................... ............. .......... ........... ................ ....... ..... 41
Payment for Work..... ..... ................ ........ ...... ............... ...................... ......... ..... ....... 41
Payment for Labour. ............................ ........ ................................ ....... ................... 42
Payment for Material. ......................... ...................................................... ......... .... 42
Payment for Equipment.... ................... .......... ....... ................................................. 42
Working Tme ........................... ........................................................ ..................... 42
Standby Time ...................................... ............................ ........... ............... ............ 42
Payment for Hand Tools............................................. ........................... .......... ...... 43
Payment for Work by Subcontractors.................................................................... 43
Submission of Invoices.............. ..................... ..... ............ .......... ............................ 43
Final Acceptance Certificate...... ........... ...................... .... ....................................... 43
Payment of Workers ........................... ........... ................ ................... ..................... 44
Records .............. ............. .................................... ................... ............................... 44
Taxes and Duties....... ................... ....... .......... ........................................................ 44
Liq uidated Damages........ ............. ..... ..... ............... ...... ~........... ............ .................. 45
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Table of Contents - y
OPS Gene,.1 Conditions of Contract - ~ 1999
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Ontario Provincial Standards
for
Roads and Public Works
September 1999
GC 1.01
GENERAL CONDITIONS OF CONTRACT
SECTION GC 1.0 -INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience .
and for ease of reference only and in no way 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"
"AW'NA"
"CESA"
"CGSS"
"CSA"
"CWS"
"GC"
"MOE"
"MTC"
"MTO"
"MUTCD"
MOPS"
"OPSD"
"OPSS"
"PEO"
"SAE"
"SSPC"
"UL"
MULCH
GC 1.03
American Association of State HighwayTransportation 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 aen..l CondMIons ~ Contract . SeptM1ber 1999
Additional Work: means work not provided for in the Contract and not considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope.
Base: means a layer of material of specified type and thickness placed immediately below the pavement,
driving surface, finished grade, curb and gutter, or sidewalk.
Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion.
Certificate of Substantial Perfonnance: means the certificate issued by the Contract Administrator at
Substantial Performance.
Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator
where so authorized, directing that a Change in the Work or Extra Work be performed.
.;......
Change In the Work: means the deletion, extension, increase, 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~e intended scope of the Contract.
Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or
the Contract Administrator where so authorized. covering contingencies, a Change in the Work, Extra
Work. Additional Work and changed subsurface conditions, and establishing the basis for payment and the
time allowed for the adjustment of the Contract Time.
Completion Certificate: means the certificate issued by the Contract Administrator at completion.
Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract.
Contract: means the undertaking by the Owner and the Contractor to perform their respective duties,
responsibilities and obligations as prescribed in the Contract Documents.
Contract Administrator: means the person, partnership or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract.
Contract Documents: mean the executed Agreement between the Owner and the Contractor. the
Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard
Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document
before the execution of the Agreement, such other documents as may be listed in the Agreement and
subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement
Contract Drawings: or Contract Plans: mean drawings or plans. any Geotechnical Report, any
Subsurface Report and other reports and information provided by the Owner for the Work, and without
limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel
schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings.
Contract TIme: means the time stipulated in the Contract Documents for Substantial Performance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
Contractor: means the person, partnership or corporation undertaking the Work as identified in the
Agreement
Controlling Operation: means any component of the Work, which, if delayed, will delay the completion of
the Work.
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OPS GenlnI CondItIo.. of Contract . September 1999
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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 a calculation of the quantity or cost of the Work or-partof it'.cfepending on the context.
Extra Work: means work not provided for in the Contract as awarded but considered by the Contract
Administrator to be essential to the' satisfactory completion of the - Contract' within its intended scope,
including unanticipated work required to comply with legislation and regulations which affect the Work.
Final Acceptance Certificate: means the certificate issued by the Contract Administrator at Final
Acceptance of the Work.
Final Detailed Statement: means a complete evaluation prepared by the Contract Administrator showing
the quantities, unit prices and final dollar amounts of all items of work completed under the Contract,
including variations in tender items and Extra Work, all as set out in the same general form as the monthly
estimates.
Force Account: See "Tme and Materiar.
Geotechnical Report: means a report or other information identifying soil, rock and ground water
-. conditions' in the area of any proposed excavation or fill.
Grade: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or implements of.the trade and include small
power tools.
Highway: means a common and public highway any part of which is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines thereof.
Lump Sum Item: means a tender item indicating a portion of the Wort< 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 GenefaI CondltIona of ContrKt . September 1999
Page 3
Owner: means the party to the Contract 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.
Performance Bond: means the type of security furnished to the Owner to guarantee completion of the
Work in accordance with the Contract and to the extent provided in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
Project: means the construction of the Work as contemplated by this Contract
Quantity Sheet: means a list of the quantities of Work to be done.
Rate.~ Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and
availal>le from, the Owner.
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Records: mean any books, payrolls, accounts or other information which relate to the Work or any
Change in the Work or claims arising therefrom.
Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes
the Shoulders.
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the ditch or fill slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipulated by the Owner for
performance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the
Work by 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
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Subsurtace Report: means a report or other information identifying the location of utilities, concealed and
adjacent structures and physical obstructions which fall within the influence of the Work.
Superintendent: means the Contractor's authorized representative in responsible charge of the Work.
Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.l.8, as amended, executing a bond provided by
the Contractor.
Tender: means an offer in writing from the Contractor, submitted in the format prescribed by the Owner,
to complete the Work.
TIme and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and
Material Basis. Where "Cost Plus" and "Force Account" are used they shalf have the same meaning.
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OPS General ConditIons fA Connct. September 1999
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Utility: means an aboveground or underground facility maintained by a municipality, public utility authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric. gas, oil,
steam, data transmission, telephone and cable television.
Warranty Period: means the period of 12 months from the date of Substantial Performance or such
longer period as may be specified for certain Materials or some or all of the Work. Where a date of
Substantial Performance is not established, the Warranty Period shall commence on the date of
Completion.
Work: means the total construction and related services required by the Contract Documents.
Working Area: means all the lands and easements owned or acquired by the Owner for the construction
of the Work.
Working Day: means any Day,
a) except Saturdays, Sundays and statutory holidays;
'b) . except a' Day as deteniliiled'bfthe COIltracrAdministrator;'on'Which.the-ContractDr,is prevented 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 which' the Contractor cannot
proceed with at least 60% of the normal labour and equipment force effectively engaged on the
Controlling Operation for at least 5 hours;
c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as
determined by the Contract Administrator by reason of,
i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another
contractor hired by the Owner, or an employee of anyone of them, or by anyone else acting on
behalf of the Owner.
ii. on-delivery of Owner-supplied materials,
iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the
Contractor to the satisfaction of the Contract Administrator.
Working Drawings: or Working Plans: means any Drawings or Plans prepared by the Contractor for the
execution of the Work and may, without limiting the generality thereof, include falsework plans, Roadway
protection plans, shop drawings, shop plans or erection diagrams.
GC 1.05
SubAantialPedonnance
.01 The Work is substantially performed,
a) when the Work to be performed under the Contract or a substantial part:thereof is ready for use
or is being used for the purpose intended; and
b) when the Work to be performed under the Contract is'capable'ofcompletion or, where there is a
known defect. the cost of correction, is not more than
i. 3% of the first $500,000 of the Contract price,
ii. 2% of the next $500,000 of the Contract price, and
iii. 1 % of the balance of the Contract price.
.02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is
being used for the purposes intended and the remainder of the Work cannot be completed
expeditiously for reasons beyond the control of the Contractor or, where the Owner and the
Contractor agree not to complete the Work expeditiously, the price of the services or materials
remaining to be supplied and required to complete the Work shall be deducted from the Contract
price in determining Substantial Performance.
OPS o.ner.a Condltlona << Connct . September 1999
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GC 1.06
Completion
.01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correction of a known defect or last supply is not
more than the lesser of,
a) 1% of the Contract price; or
b) $1,000.
GC 1.07
Final Acceptance
.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract.
GC 1.08
Interpretation of Certain Words
.01. .:the words "acceptable", "approvar, "authorized", "considered necessary", "directed", "required",
. :~.~satisfactory", or words of like import, shall mean approval of, directed, required, considered
- . necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the
context clearly indicates otherwise.
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OPS 0enetW CondItIons of Connc::t . SepteI,1ber 1899
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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 affect the Work will be shown to a
tolerance of:
i. 1 m horizontal and
ii. 0.3 m vertical
b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface
Report available for the perusal of the Contractor and excluded from the Contract Documents; and
c) Other 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 govem in the following order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) Working Drawings
Later dates shall govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall 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 govern over general Drawings; and
d) Drawings of a later date shall govem 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 govem:
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 Geneql CondItions of Connc:t . 8eptIember 1999
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SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01
Contract Administrator's Authority
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.01 The Contract Administrator will be the Owner's representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever
is later. All instructions to the Contractor including instructions from the Owner will be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications,
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
!~4ump sum price contract.
.04 The Contract Administrator will determine the amounts owing to the Contractor under the Contract
and will issue certificates for payment in such amounts as provided for in Section GC 8.0,
Measurement and Payment
.05 The Contrad 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.
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made by the Contractor and issue appropriate instructions.
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.07 The Contract Administrator will prepare Change Directives and Change Orders.
.08 Upon written application by the Contractor, the Contrad Administrator and the Contractor will jointly
conduct an inspection of the Work to establish the date of Substantial Performance of the Work
and/or the date of Completion of the Work.
.09 The Contract Administrator will be, in the first instance, the interpreter of the Contrad Documents and
the judge of the performance thereunder by both parties to the Contract. Interpretations and
decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and in making these decisions the Contract Administrator will not show partiality to either party.
.10 The Contract Administrator will have the authority to reject part of the Work or -Material which does
not conform to the Contract Documents.
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.11 Defective work, whether the result of poor workmanship, use of defective material, or damage
through carelessness or other ad or omission of the Contractor and-whether incorporated in the Work
or not, which has been rejected by the Contract Administrator as failing to conform to the Contract
Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed
promptly in accordance with the Contract Documents at no additional cost to the Owner.
.12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall
be made good, promptly, at no additional cost to the Owner.
.13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not
performed in accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the Contractor the difference in value between the work as performed and that
called for by the Contract Admin~tor.
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.14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any
certificates or the making of any payment by the Owner, the failure of the Contract Administrator to
reject any defective work or Material shall not constitute acceptance of defective work or Material.
.15 The Contract Administrator will have the authority to temporarily suspend the Work for such
reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's
construction layout or the inspection of any portion of the Work. There shall not be any extra
compensation for the suspension of work.
GC 3.02
Working Drawings
.01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Documents.
.02 The -Contractor shall submit Working Drawings to the Contract Administrator with reasonable
promptness and in orderly sequence so as to not cause delay in. the Work. '-Ifeither the Contractor or
the Contract Administrator so requests they shall jointly prepare a. schedule fixing the dates for
submission and retum of Working Drawings. Working Drawings shall be submitted in printed form.
At the time of submission the Contractor shall notify the Contract Administrator in writing of any
deviations from the Contract requirements that exist in the Working Drawings.
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The Contract Administrator will review and return Working Drawings in accordance with an agreed
upon schedule, or otherwise, with reasonable promptness so as not to cause delay.
The Contract Administrator's review will be to check for conformity to the. design concept and for
general arrangement only and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract
Documents unless a deviation on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Contractor shall make any changes in Working Drawings which the Contract Administrator may
require consistent with the Contract Documents and resubmit unless otherwise directed by the
Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in
writing of any revisions other than those requested by the Contract Administrator.
.06 Work related to the Working Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission
to construct granted."
.07 The Contractor shall keep one set of the reviewed Working Drawings, marked. as above, at the site at
all times.
GC 3.03
Right of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shall, when requested in writing, make alterations 'in the method, Equipment or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment
.02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract
so as to avoid interference with work being performed by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
OPS General CclndIiclM of ContrIIct - September 1999
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GC 3.04
Emergency Situations
.01 The Contract Administrator has the right to determine the existence of an emergency situation, and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner will
pay for the remedial work.
GC 3.05
Layout
.01 The Contract Administrator will provide baseline and benchmark information for the general location,
. _~lignment and elevation of the Work. The Owner will be responsible only for the correctness of the
,.~formation provided by the Contract Administrator. .
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GC 3.06
Working Area
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.01 The Contractor's sheds, site offices, toilets, other temporary structures and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition
atall times.
.02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor
require more space than that shown on the Contract Drawings, the Contractor shall obtain such
space at no additional cost to the Owner.
.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the
Contractor has received prior written permission from the property owner.
GC 3.07
Extension of Contract Time
.01 An application for an extension of Contract Time shall be made in writing by the Contractor to the
Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days
prior to the expiration of the Contract Time. The application for an extension of Contract Time shall
enumerate the reasons, and state the length of extension required.
.02 .Circumstances suitable for consideration of an extension of Contract Time include the following:
a) Delays; See subsection GC 3.08.
b) Changes in the Work; See clause GC 3.11.01.
c), Extra Work; See clause GC 3.11.02.
d) Additional Work; See clause GC 3.11.03.
.03 The Contract Administrator will, in considering an application for an extension to the Contract Time,
take into account whether the delays, Changes in the Work, Extra. Work or Additional Work involve a
Controlling Operation.
.04 The Contract Time shall be extended for such additional time as may be recommended by the
Contract Administrator and deemed fair and reasonable by the Owner.
.05 The terms and conditions of the Contract shall continue for such extension of Contract Time.
Page 10
OPS General Conditions of Connct - September 1999
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GC 3.08
Delays
.01 If the Contractor is delayed in the performance of the Work by,
a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the
Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly,
contrary to the provisions of the Contract Documents;
b) a stop work order issued by a court or public authority, provided that such order was not issued as
the result of an act or omission of the Contractor or anyone employed or engaged by the
Contractor directly or indirectly;
. c) the Contract Administrator giving notice under subsection GC 7.09, Suspension of Work;
d) abnormal inclement weather; or
e) . archaeological finds in accordance with subsection GC 3.16, 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
Time due to abnormal inclement weather;' the' Q)ntractor'shaU; with. the . Contractor's application,
submit evidence from Environment Canada in'. support of such application. ....Extension. of Contract
Time will be granted in accordance with subsection GC3;07, Extension of Contract Time.
.02 If the Work is delayed by labour disputes, strikes or Iock-outs - including Iock-outs decreed or
recommended to its members by a.recognized contractor's association, of which. the Contractor is a
member or to which the Contractor is otherwise bound - which are beyond the Contractor's control,
then the 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 Contractor; The
Contractor shall not be entitled to payment for costs incurred as the' result of such delays unless such ,
delays are the result of actions by the Owner.
GC 3.09
Assignment of Contract
.01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of
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GC 3.10
Subcontracting by the Contractor
.01 The Contractor may subcontract any part of the Work; subject to these General Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator, in writing;' of'the'intention to subcontract. Such
notification shall identify the part of the Work. and the Subcontractor with whom it is intended.
.03 The Contract Administrator will, within 10 Days of receipt of such notification, accept or reject the
intended Subcontractor. The rejection will be 'in writing.and will include the reasons for the rejection.
.04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has
been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor.
.05 The Contractor shall preServe and protect the rights of the parties under the Contract with respect to
that part of the Work to be perfonned under subcontract and shall,
a) enter into agreements with the intended Subcontractors to require them to perfonn 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 General Condlliona of Contrac:t - SepWmber 1999
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.06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the
Contractor from any obligation under the Contract and shall not impose any liability upon the Owner.
Nothing contained in the Contract Documents shall create a contractual relationship between a filii
Subcontractor and the Owner.
GC 3.11
Changes
Changes in the Work
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GC 3.11.01
.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 .TtIe Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3:07, Extension of Contract Time.
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.03 Jf"the Changes in the Work relate solely to quantities, payment for that part of the Work will be made
'according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the
Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to
subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the
conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis.
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GC 3.11.02
Extra Work
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.01 The Owner, or Contract Administrator where so authorized, may instruct 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.
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.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3.07, Extension of Contract Time.
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.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.
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GC 3.1.1 .03
Additional Work
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.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional
Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3.07, Extension of Contract Time. .
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.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
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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.
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The Contractor and the Owner shall provide each other with the mailing addresses, telephone
numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the
commencement of the Work.
In the event of an emergency situation or other urgent matter the Contract Administrator or the
Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2
Days.
Any notice permitted or required to be given to the Owner or the Contractor 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
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.01 Where it is not'contemplated elsewhere in'the Contract Documents; the Owner may use or occupy
the Work or any part thereof prior to SubstantialPerformance;' provided.that at least 30 Days' written
notice has been given to the Contractor.
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.02 The use or occupancy of the Work or any part thereof by the Owner priortoSubstantial Performance
shall not constitute an acceptance of the Work or parts so occupied. In 'addition, the use or
occupancy of the Work shall not relieve the Contractor or the Contractor's SUrety from any liability
that has arisen, or may arise, from the performance 'of the Work 'in' accordance' with. the Contract
Documents. The Owner 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
Owner's right to charge the Contractor liquidated damages in accordance with the terms of the
Contract.
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GC 3.14
Claims, Negotiations, Mediation
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GC 3.14.01
Continuance of the Work
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.01 Unless the' Contract has been terminated or completed, the Contractor shall in every case, after
serving or receiving any notification of a claim or dispute; verbal or written, continue to proceed with
the Work with due diligence and expedition. /tis understood by the parties that such ,action will not
jeopardize any claim it may have. .
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GC 3.14.02
Record Keeping
_ .01 Immediately upon commencing work which may resu/t 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 WCMf(Recordsto'be used in'assessing"1he Contractor's claim,
all in accordance with clause GC 8.02.07, Records.
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.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daily basis, to simplify review of the claim, when submitted.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the Contractor shall not be construed to be acceptance of the claim.
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GC 3.14.03
Claims Procedure
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.01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional
payment immediately upon becoming aware of the situation.
.02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7
Days of the commencement of any part of the Work which may be affected by the situation.
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.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the work affected by the situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises;
b) state the grounds, contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing
from the Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor,
in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
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GC3..14.04
Negotiations
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.01'The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and
documents to facilitate these negotiations.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to
any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to
resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed
that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04,
Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration.
GC 3.14.05
Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and
the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement utilize the
services of an independent third party mediator.
.02 The mediator shall be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall
(D~t with the parties together and separately, as necessary, to review all aspects of the issue. In a
. final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration
the mediator shall provide, without prejudice, a non-binding recommendation for settlement
.04 The review by the mediator shall be completed within 90 Days following the opinion given in
paragraph GC 3.14.03.05.
.05 Each party is responsible for its own costs related to the use of the third party mediator process. The
cost of the third party mediator shall be equally shared by the Owner and Contractor.
GC 3.14.06
Payment
.01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or
dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and
Payment
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OPS GenenlI CondItIona of Contract - September 1889
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GC 3.14.07
Rights of Both Parties
.01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by
either party shall be construed as a renunciation or waiver of any of the rights or recourse available to
the parties, provided that the requirements set out in this subsection are fulfilled.
GC 3.15
GC 3.15.01
Engineering Arbitration
Conditions for Engineering Arbitration
.01 If a daim is not resolved satisfactorily through the negotiation stage noted in dause GC 3.14.04,
Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke
the provisions 'of subsection GC 3.15, Engineering Arbitration, by giving written notice to the other
party.
.02 Notification that arbitration shall be implemented to resolve the issueshaUbe'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 mediator was implemented; notification shall be within 120
Days of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to
-any arbitration conducted hereunder except to the extent that they are modified by the express
provisions of this subsection GC 3.15, Engineering Arbitration.
GC 3.15.02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right of appeal as exist where the arbitrator has exceeded 'his or her jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions in respect of the matters under arbitration Will 'be stayed pending arbitration;
b) All outstanding daims and matters to be settled are to be set out in a schedule to the agreement
Only such claims and matters as are in the schedule will be arbitrated; and
c) Before proceeding with the arbitration, the Contractor shall 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 upon by the Owner and Contractor:tO'adjudicate the dispute.
... .02 Where the OWner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute
of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
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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 o.n.r.I CondltIonS of Contract - September 1999
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.06 The arbitrator is not bound by the rules of evidence which govem the trial of cases in court but may
hear and consider any evidence which the arbitrator considers relevant
.07 The hearing will commence within 90 Days of the appointment of the arbitrator.
GC 3.15.04
Costs
.01 The arbitrator's fee shall be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shared equally by the Owner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event
the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate
facilities shall be shared equally by the Owner and the Contractor.
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.04 . The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.
GC 3.15.05
The Decision
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.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 Contract
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.
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SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01
Working Area
.01 The Owner will acquire all property rights which are deemed necessary by the Owner for the
construction of the Work, including temporary working easements, and will indicate the full extent of
the Working Area on the Contract Drawings.
.02 The Geotechnical Report and-Subsurface Report which will be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings.
GC 4.02
Approvals and Pennits
.01 The Owner will pay for all plumbing and building permits.
.02 The Owner will obtain and pay for all permits, licenses and ,certificates:.soJelyrequired for Project
approval. '
GC 4.03
Management and Disposition of Materials
.01 'The Owner will identify in the Contract Documents the materials to be moved within or removed from
the Wor1<ing Area, and any characteristics' of those materials. which will necessitate special materials
management and disposition.
'.02 In accordance with regulations under the Occupational Health and. Safety Act; R.S.O. 1990, c.O.1, as
amended, the Owner advises that
a) the designated substances silica, lead and arsenic are generally present throughout the Working
Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestos is present in asbestos conduits for utilities;
c) 'the' following. hazardous' materials. are . ordinarily present in construction. activities: limestone,
gypsum, marble, mica and Portland cement; and
d) exposure 'to 1hese substances may occur as 'a result of activities by the Contractor such as
sweeping, grinding, crushing, drilling, blasting; cutting and abrasive blasting.
.03 The Owner will identify in the Contract Documents any designated substances or hazardous
materials other than those identified above and their location in the Working Area.
.04 If the Owner or Contractor discoVers or is advised ,of ,the' presence ,of .designated substances or
hazardous materials which are in addition to those listed in paragraph GC 4.03.02, or not clearly
identified in the Contract Documents according-'to .paragraph.'GC-4;03:03;1hen:verbal notice will be
provided to the other party immediately with written confinnationwithin2 Days. The Contractor will
stop work in the area 'immediately and will determine the necessary steps required to complete the
work in accordance with applicable legislation and regulation.
.05 The Owner will be responsible for any reasonable additional COsts of removing, managing and
disposing of any material' not identified in the Contract Documents, or where conditions exist that
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
.06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products
controlled under the Wor1<place 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 tor
these products. All containers used in the application of products controlled under WHMIS shall be
labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant
Material Safety Data Sheets.
OPS Gener8I Condltlona of COnnc:t - September 1_
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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 'filii
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
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.01 The Contractor shall be in default of the Contract if,
a) the Contractor fails to commence the Work or execute the Work property or otherwise fails to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency. .
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Notification of Default
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.01~The Owner will give wiitten 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.
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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.
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.02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of
the notice, the Contractor shall not be in default if the Contractor,
a) commences the correction of the default within the 5 full Working Days following receipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correction; and
c) completes the correction in accordance with such schedule.
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Owner-s Right to Correct Default
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.01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07,
..:~tractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to
,spy other right or remedy the Owner may have, may correct such default and deduct the cost thereof,
as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor.
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GC 4.09
Tennlnation of Contractor-s Right to Continue the Work
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.01 \Nhere the Contractor fails to correct a default within the time specified in subsection GC 4.07,
Contractor's Right to Correct s 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 tennlnated;
b) utilize the Equipment of the Contractor and any Material within the Working Area which is intended
to be incorporated Into the Work, the whole subject to the right of third parties;
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;
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OPS Geneql Condltlona of ContrIc:t - September 1999
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d) charge the Contractor the additional cost over the Contract price of completing the Work or portion
thereof withdrawn from the 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 Contractor 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.
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GC 4.10
Final Payment to Contractor
.01 If the Owner's cost to correct and complete the Work in.whole or in part is less than the amount
withheld from the Contractor under subsection GC4.09,' TerminationoLContractor's Right to
.. Continue the Work, the Owner will pay the. balance to the" Contractor as soon;as the final accounting
for the Contract is complete.
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GC 4.11
TennlnatJon of the Contract
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.01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right
or remedy the Owner may have, terminate the Contract by giving written notice of termination to the
Contractor, the Surety and" any trustee." or receiver acting on behalf of' the Contractor's estate or
creditors.
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.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
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.01 The Contractor's obligation under the Contract as to quality; correction and warranty of the Work
performed prior to the time of termination of the Contract or termination of the Contractor's right to
continue with the Work in whole or in part shall continue to be in force after such termination.
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GC 4.13
Use of PerfonnanC8 Bond
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.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. ..
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SECTION GC 5.0 - MATERIAL
GC 5.01
Supply of Material
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.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items ...
shall be deemed to include full compensation for the supply of such Material.
GC 5.02
Quality of Material
.01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract
Documents.
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.02 Material supplied by the Contractor shall conform to the reqUirements of the Contract.
.03 'As specified or as requested by the Contract Administrator, the Contractor shall make available for
-;2spection or testing a sample of any Material to be supplied by the Contractor.
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.04 ,The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the
Material manufacturer or supplier to carry out such inspection, sampling and testing as specified or a
requested by the Contract Administrator.
.05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance
of the Material shipping dates to enable the Contract Administrator to perform the required inspection,
'sampling and testing.
.06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor
fails to give sufficient advance notice to the Contract Administrator to enable the Contract
Administrator to carry out the required inspection, sampling and testing before the scheduled shipping
date.
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.07 The Contractor shall not change the source of supply of any Material without the written authorization
of the Contract Administrator.
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.08 Material which is not specified shall be of a quality best suited to the purpose required and the use of
such Material shall be subject to the approval of the Contract Administrator.
fill
GC 5.Q3
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Rejected Material
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.01 R~ected Material shall be removed from the Working Area expeditiously after the notification to that
effect from the Contract Administrator. Where the Contractor fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Working Area and ."
disposed of in what the Contract Administrator considers to be the most appropriate manner and the
Contractor shall pay the costs of disposal and the appropriate overhead charges.
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GC 5.04
Substitutions
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.01 Where the specifications require the Contractor to supply a Material designated by a trade or other
name, the Tender shall be based only upon supply of the Material so designated, which shall be
regarded as the standard of quality required by the specification. After the acceptance of the Tender,
the Contractor may apply to the Contract Administrator to substitute another Material identified by a
different trade or other name for the Material designated as aforesaid. The application shall be in
writing and shall state the price for the proposed substitute Material designated as aforesaid, and
such other information as the Contract Administrator may require.
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OPS Oenel'lll CondItIona of Contract . September 1999
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.02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
approval or rejection of a proposed substitution will be made at the discretion of the Contract
Administrator.
.03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the
, Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of
"Certification of Equality" and if any adjustment to the. Contract price, is made by reason of such
substitution a Change Order shall be issued as well.
GC 5.05
GC 5.05.01
Owner Supplied Material
Ordering of Excess Material
.01 Where Material is supplied by the Owner and where this Materialis:ordered'by the Contractor in
excess of the amount specified to complete the Work; -'.Such.: excess- .Material shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 5.05.02
Care of Material
.01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide
adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of
such Material shall promptly place it in storage except where it is to be incorporated forthwith into the
Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the
specified delivery point and for its safe handling and storage. If such Material is damaged while
under the control of the Contractor it shall be replaced or repaired by the Contractor at no expense to
the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the
Contract Administrator for reasons which are not the fault of the. Contractor it shall remain in the care
and at the risk of the Contractor until its disposition has been determined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are discrepancies between the quantities received 'and-the quantities shown on the bills of
lading, the Contractor shall immediately report such damage or discrepancies to the Contract
Administrator who shall arrange for an immediate inspection of the.'shipment and provide the
Contractor with a written release from responsibility for such damage or deficiencies. Where damage
or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any
damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material
shall not, except with the written permission of the Contract Administrator, be used by the Contractor
for purposes other than the performance of the Work under the Contract.
.05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract
Documents.
OPS General CondItIona of Contract . Septwnber 1999
Plge21
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III
.06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment,
copies of bills of lading, or such other doalmentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
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.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shalf, at no extra cost to the Owner, immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge
of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no
extra cost to the Owner.
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OPS General Conditions of Contrac:I. September 1999
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SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
Protection of Work, Persons and Property
.01 The Contractor, the Contractor's agents and all workers employed by or under the control of the
Contractor, including Subcontractors, shall protect the Work, persons and property from damage or
- injury, and shall be responsible for all losses and damage which may arise as the result of the
Contractor's operations under the Contract unless indicated to the contrary below.
.02 The Contractor is responsible for the full cost of any necessary temporary provisions and the
restoration of all damage where the Contractor damages the Work or property in the performance of
the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property
the Contractor shall restore such damage, and such work shall be administered according to these
General Conditions.
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.03 The Contractor shall immediately informthe'Contract Administrator of all~damage and injuries which
occur during the term of the Contract.
.04 The Contractor shall not be responsible for loss and damage that occurs as a result of.
a) war;
b) blockades and civil commotions;
c) errors in the Contract Documents; or
d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others
not under the control of the Contractor, but within the Working Area with the Owner's permission.
.05 The Contractor and his Surety or Sureties shall not be released from any term or provision of any
responsibility, obligation or Uability under the Contract or waive or impair any of the rights of the
... Owner except by a release duly executed by the Owner.
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GC 6.02
Indemnification
.01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their
agents, officers and employees from and against all claims, demands, losses, expenses, costs,
damages, actions, suits or proceedings by third parties, hereinafter called "claims", directly or
indirectfy 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 destruction of tangible
property;
b) caused by negligent acts or omissions of the. Contractor or anyone-for whose acts the Contractor
may be liable; and
c) made in writing within a period of 6 years from the date of Substantialuperformance of the Work as
set out in the Certificate of Substantial Performance of the Work or, where so specified in the
Contract from the date of certification of Final Acceptance.
.02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material furnished by the Contractor under the
Contract.
.03 The Owner expressly waives the right to indemnity for claims other than those stated above in
paragraphs GC 6.02.01 and GC 6.02.02.
.04 The Owner shall indemnify and hold harmless the Contractor, his agents, officers and employees
from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or
proceedings arising out of the Contractor's performance of the Contract which are attributable to a
lack of or defect in title or an alleged lack of or defect in title to the Working Area.
OPS General Condltlona d Contract . September 1999
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.05 The Contractor expressly waives the right to indemnity for claims other than those stated above in
paragraph GC 6.02.04.
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GC 6.03
. GC 6.03.01
Contractor's Insurance
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General
.01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide,
maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so
specified in the Contract Documents.
III
III
GC 6.03.02
General Uability Insurance
.01 ~eneral liability insurance shall be in the name of the Contractor, with the Owner and the Contract
. @ministrator named as additional insureds, with limits of not less than 5 million ,dollars inclusive per
O,C;CUrrence for bodily injury, death, and damage to property including loss otuse thereof, with a
'P,t9perty damage deductible of not more than $5000. The form of this insurance shall be the _
If:jsurance 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, lIIIiIi
provided all the requirements listed in the Contract are included. Approval of this insurance will be
conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance
in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required
insurance. ..
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.03 The insurance shall be maintained continuously from the commencement of the Work until 12 months
following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial
Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and
with respect to completed operations coverage for a period of not less than 24 months from the date
of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be
maintained for a further period of 4 years.
.04 I The Contractor shall submit annually to the Owner, proof of continuation of the completed operations
coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in
paragraph GC 6.02.01 c), will not be binding on the Owner.
.05 Snould the Contractor decide not to employ Subcontractors for operations requiring the use of
eJg)losives for blasting, or pile driving or caisson work, or removal or weakening of support of property
q,uilding or land, IBC Form 2100 as required shall include the appropriate endorsements.
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.06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in
advance of cancellation, change or amendment restricting coverage.
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GC 6.03.03
Automobile Uablllty Insurance
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.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 fill
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 III
b) standard owner's form automobile policy providing third party liability and accident benefits
Insurance and covering licensed vehicles owned or operated by the Contractor.
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P8ge 24
OPS 0ener8J Condlllonaof Contract . September 1999
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GC 6.03.04
Aircraft and Watercraft Uablllty 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 toss of use thereof, and limits of not less than 5 million dollars for
aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies
shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of
cancellation, change or amendment restricting coverage.
GC 6.03.05
GC 6.03.05.01
Property and Boller Insurance
Property Insurance
.01 . All risks property insurance shall be in the name of the Contractor... with ..the,Owner and the Contract
Administrator named as additional insureds, insuring not.lessthanthe'.sum.of the .amount of the
Contract price and the full value, as may.-be stated-in .the..supplemeotaLGeneraLConditions, of
Material that is specified to be provided by, the' Owner; '.for:.:.incorporation'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 shall be maintained continuously until 1 0 Days after the date of
Final Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.02
Boller Insurance
'.01 .' Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator for
not less than the replacement value of boilers and pressure vessels forming part.of the Work, shall be
in a form acceptable to the Owner. This insurance shall be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Final
Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.03
Use and Occupancy of the Work Prior to Completion
.01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the
Owner will give 30 Days' written notice to the. Contractor of the Intended purpose and extent of such
use or occupancy. Prior to such use or occupancy the Contractor 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-.to~such_ use or occupancy
shall provide, maintain and pay for property and boiler insurance insuringth8. fun value of the Work,
including coverage for such use or occupancy, and shall. provide the 'Contractor with proof of such
insurance. The Contractor shall refund to the Owner the uneamed premiums applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner
and the Contractor as their respective interests may appear. The Contractor shall act on behalf of
both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is determined the Contractor shall
proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party
under the Contract except that the Contractor shall be entitled to such reasonable extension of
Contract Time relative. to the extent of the loss or damage as the Contract Administrator may decide
in consultation with the Contractor.
OPS Gene'" Condltlona of Contrec:t . SeplMlber 1899
P8g825
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entitfed to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds and in aCCOrdance with the
requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be
entitled to receive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies except where such
amounts may be excluded from the Contractor's responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6.03.06
Contractor's Equipment Insurance
.01 All risks Contractor's equipment insurance covering construction machinery and equipment used by
the Contractor for the perfonnance of the Work, including boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims
by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less
than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant prior releases with respect to damage to
the Contractor's Equipment
GC 6.03.07
Insurance Requirements and Duration
.01 Unless specified otherwise the duration of each insurance policy shalf be from the date of
commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out
in the Final Acceptance Certificate.
.02 The Contractor shall provide the Owner, on a fonn 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 shal" 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 shalf be payable by the Contractor to the Owner on demand.
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OPS Gene..' Conditions of Contract - September 1999
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.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date
on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct
... the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
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.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender
documents.
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.02 Such bonds shall be issued bya duly licensed surety company authorized to transad a business of
suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of
the Contract.
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OPS Geneql Conditions of Contract. September 1999
Page 27
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SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIUTlES AND CONTROL OF THE WORK
GC 7.01
General
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.01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the performance of
the Work are known. IIlIil
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
, Contractor has received a written order to commence the Work, signed by the Contract Administrator.
.03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible
for construction means, methods, techniques, sequences and procedures and for coordinating the
various parts of the Work.
'C'l. .
.04 The Contractor shall have the sole responsibility for the design, erection, operation,' maintenance and
,.rtl!fIloval of temporary structures and other temporary facilities and the design and execution of
.,cOnstruction methods required in their use.
.05 Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of construction in whole or
part, such facilities and methods shall be considered to be part of the design of the Work, and the
Contractor shall not be held responsible for that part of the design or the specified method of
construction. The Contractor shall, however, be responsible for the execution of such design or
specified method of construction in the same manner that the Contractor is responsible for the
execution of the Work.
.06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of
the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation
213/91 (which regulates Construction Projects) and any other regulations under the Act (the
"Regulations") which may affect the performance of the Work, as the "constructor" or "employer", as
defined by the Act. as the case may be. The Contractor shall ensure that
a) worker safety is given first priority in planning, pricing and performing the Work;
b) its office~ and supervisory employees have a working knowfedge of the duties of a "constructor"
and "employer" as defined by the Act and the proVisions of the Regulations applicable to the Work,
and a personal commitment to comply with them;
c), a copy of the most current version of the Act and the Regulations are available at the Contractor's
office within the Working Area, or, in the absence of an office, in the possession of the supervisor
"-,responsible for the performance of the Work;
. d)~Workers employed to carry out the Work possess the knowledge, skills and protective devices
required by law or recommended for use by a recognized industry association to allow them to
work in safety;
e) its supervisory employees carry out their duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
f) all Subcontractors and their employees are 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 prompUy to requests from the Owner for
confirmation that its methods and procedures for carrying out the Work comply with the Act and
Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors
appointed to enforce the Act and the Regulations in any investigations of worker health and safety in
the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any
additional expense which the Owner may incur to have the Work performed as a result of the
Contractor's failure to comply with the requirements of the Act and the Regulations.
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.08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of
those products controlled under the Workplace Hazardous Materials Information System or WHMIS,
... which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall
accompany the submission. All containers used in the application of products controlled under
WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes in
writing and provide relevant Material Safety Data Sheets.
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.09 The Contractor shall have an authorized representative on the site while any work is being performed,
to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall
notify the Contract Administrator of the names;' addresses.. positions and telephone numbers of the
Contractor's representatives who can be contacted at any time to deal with matters relating to the
Contract.
.10 The Contractor' shall, 'at no' additional cost to the Owner, furnish aU reasonable aid, facilities and
assistance required by the Contract Administrator forthe'proper inspection and examination of the
Work or the taking of measurements for the pu~e,of; payment
The Contractor shall prepare, and update as required, a construction schedule Indicating the timing of
the major and critical activities of the Work. The schedule shall be designed to ensure conformity
with the specified Contract Time. The schedule shall be submitted to the Contract Adl'1linistrator
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
affected until receiving direction from the Contract 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 Contractor's forces
during construction if the stake out locations are within the tolerances given in paragraph GC
2.01.01a).
GC 7.02
Layout
... .01 Prior to commencement of construction, the Contract Administrator and the Contractor will locate on
site those property bars, baselines and benchmarks which are necessary to delineate the Working
Area and to layout the Work, all as shown on the Contract Drawings.
The Contractor shall be responsible for the preservation of all property barS'while the Work is in
progress, except those property bars which must be removed to .facilitatethe 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 layout and estabHsh all lines and grades
necessary for construction. The Contractor shall notify the Contract Administrator of any layout work
carried out, so that the same may be checked by the Contract Administrator.
The Contractor shall install and maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The Contractor shall supply one copy of all
alignment and grade sheets to the Contract Administrator.
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.06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and
aU parts of the Work, regardless of whether the Contractor's layout work has been checked by the
Contract Administrator.
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.07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully
preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's
operations, such stakes, marks and reference points will be replaced by the Contract Administrator at
the Contractor's expense.
III
GC7.03
Damage by Vehicles or Other Equipment
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.01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be.
done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's
.- vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the III
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,
'remove the cause of such damage to the satisfaction of the Contract Administrator. "'"
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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.
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GC 7.05
Condition of the Working Area
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.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.
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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 othelWise 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
Highway, including the road under construction, or on detours within or adjacent to the Highway, in
accordance with the MUTCD.
.02 ~j"';Contractor shall not be required to maintain a road through the Working Area until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply deicing chemicals or abrasives or carry out snowplowing.
.03 Where localized and separated sections of the Highway only are affected by the Contractor's
operations, the Contractor will not be required to maintain intervening sections of the Highway until
such times as these sections are located within the limits of the Highway affected by the Contractor's
general operations under the Contract.
.04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the construction of the detours, and if required, for the subsequent removal of
the detours, will be made at the Contract prices appropriate to such work.
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.05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area,
at the Owner's expense. The road through the Working Area will indude any detour constructed in
accordance with the Contract Documents or required by the Contract Administrator. Compensation
for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to
the work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing,
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
induded in the prices bid for the various tender items and no additional payment will be made.
.06' Where work under the 'Contract is discontinued for any extended period 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 constructs a detour which is not specifically provided for in the Contract
Documents; or required by the Contract Administrator, the construction of the detour and, if required,
the subsequent removal shall be performed at the Contractor's expense., ,The detour shall be
constructed and maintained to structural 'and' geometric . standards~apprt)yed by the Contract
Administrator. Removal and site restoration shall be perfonned.:as.dir:8ded by the Contract
Administrator.
.08 Where, with the prior written approval of the Contract Administrator, the Highway is dosed and the
'traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to
the Owner, supply, 'erect and maintain traffic control devices in accordance with the MUTCD.
, .09 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under
, . subsection GC6.01; Protection -of Work, Persons and 'Property, dealing with the Contractor's
responsibility for damage claims, except for daims arising on sections of Highway within the Working
Area that are being maintained by others.
GC 7.07
Access to Properties Adjoining the Work and Interruption of Utility
Services
.01 The Contractor shall provide at all times, and at no extra cost to the Owner,
a) adequate pedestrian and vehicular access; and
b) continuity of Utility services
to properties adjoining the Working Area.
.02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants,
and water and gas valves located in the Working Area.
.03 Where any interruptions in the supply of Utility services are 'required- and ,are authorized by the
Contract Administrator, the Contractor shall give the affected property owners notice in accordance
with subsection GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to
create a minimum of interference to those affected.
GC 7.08
Approvals and Pennlts
.01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay
for any permits, licenses" and certificates which at the date of tender 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.
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GC 7.09
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Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or rtII
all of the Work and work shall not be resumed until the Contract Administrator so directs in writing.
Delays, in ~ese circumstances, will be administered according to subsection GC 3.08, Delays.
GC 7.10
Contractor's Right to Stop the Work or Tenninate the Contract
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.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
; -'Of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without
prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or
trustee in bankruptcy written notice, terminate the Contract.
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.02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court
or other pUblic authority and provided that such order was not issued as the result of an act or fault of
.:~ Contractor or of anyone directly employed or engaged by the Contractor"the Contractor may,
~out prejudice to any other right or remedy the Contractor may have, by giving the Owner written
notice, terminate the Contract.
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.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
Owner is in default of contractual obligations if,
a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section
GC 8.0, Measurement and Payment;
b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC
8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within
30 Days of an award by an arbitrator or court; or
c) the Owner violates the requirements of the Contract.
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.04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7
Days immediately following the receipt of the written notice the Contractor may, without prejudice to
any other right or remedy the Contractor may have, stop the Work or terminate the Contract
.05 If the Contractor terminates the Contract under the conditions set out in this subsection, the
Contractor shall be entitled to be paid for all work performed according to the Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the termination of the
Contract.
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GC 7..11
Notices by the Contractor
.01 Before work is carried out which may affect the property or operations of any Ministry or agency of
gOvernment or any person, company, partnership or corporation, including a municipal corporation or
any board or commission thereof, and in addition to such notices of the commencement of specified
operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least
48 hours advance written notice of the date of commencement of such work to the 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.
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GC 7.12
Obstructions
.01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in the performance of the Work and any
traffic conditions, including traffic conditions on any Highway or road giving access to the Working
Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for
any loss, damage or expense occasioned thereby.
.02 Where the obstruction is ,a Utility or other man-made object, the Contractor shall not be required to
assume the risks 'and responsibilities arising out of such obstruction, unless the location of the '
obstruction is shown on the plans or described in the specifications and the location so shown is
within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the
obstruction has otherwise been made known to the Contractor or could have been determined by the
visual site investigation made by the Contractor in accordance with these General Conditions.
.03 During the course of the Contract, it is the'Contractor's'responsibility:to',mnsult-:With Utility companies
, or other appropriate authorities for further:informationin.regardto.theexactJocation of these Utilities,
to exercise the necessary care In construction'operations;'andio"take'such-other precautions as are
necessary to safeguard the Utility from damage.
GC 7.13
Limitations of Operations
.01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe
and satisfactory condition, the Contractor shall not carry on operations under the Contract on
Sundays without permission in writing from the Contract Administrator.
.02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they
shall be allowed access to their work or plant at all reasonable times.
GC 7.14
Cleaning Up Before Acceptance
.01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials,
- tools, construction machinery and equipment not required for the performance of the remaining Work.
The Contractor shall also remove all temporary works and debris other than that caused by the
Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the
Owner unless otherwise specified.
.02 The Work shall not be deemed to have reached Completion1lJltiftheContractor has removed surplus
materials, tools, construction machinery and 'equipment The Contractor shall also have removed
debris, other than that caused by the Owner, or others. '
GC 7.15
Warranty
.01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the
design and specifications permit such performance.
.02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the
Owner, defects or deficiencies in the Work which appear,
a) prior to and during the period of 12 months from the date of Substantial Performance of the Work,
as set out In the Certificate of Substantial Performance of the Work,
b) where the work is completed after the date of Substantial Performance, 12 months after
Completion of the Work,
c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
OPS General CondItIona of Contract. SepIiImber 1999
P.33
d) such longer periods as may be specified for certain Materials or some of the Work.
The Contract Administrator will promptly give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
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GC 8.01
Measurement
GC 8.01.01
Quantities
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.01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work
performed. The first estimate will be the quantity of Work 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 Contract Administrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cut-otf Date.
'.02' Such quantities for progress payments shall be construed and held to approximate. The final
'quantities forthe issuance of the Completion Certificate shall be based on the measurement of Work
, completed.
.03 Measurement of the quantities of the 'Work pertormedwill be:eitherbyc-Actual Measurement or by
Plan Quantity principles as indicated 'in the" Contract:- Adjustrnents,to"Plarr Quantity measurements
will normally be made using Plan Quantity principles but may, where appropriate, be made using
Actual Measurements. Those items identified 00 'the Tender by the notation (P) in the unit column
, shall be paid according to the 'Plan Quantity. Items where the notation (P) does not occur shall be '
paid according to Actual Measurement
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GC 8.01.02
Variations In Tender Quantities
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.01 Where it appears that the quantity of Work to be done 'and/or Material to be supplied by the
Contractor under a unit price tender item will exceed or be less than the tender quantity, the
Contractor shall proceed to do the Work and/or supply the Material required to complete the tender
item and payment will be made for the actual amount of Work done and/or Material supplied, at the
unit prices stated in the Tender except as provided below:
a) In the case of a Major Item where the quantity of Work performed and/or Material supplied by the
Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make
a written request to the other party to. negotiate a revised unit price for that portion of' the Work
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'ofWOrkperformed and/or Material supplied by the
Contractor is less than 85% of the tender quantity, the Contractor may make a written request to
negotiate for the portion of the actual:overheads 'and. fixed :costs. applicable to the amount of the
underrun in excess of 15% of the tender quantity. For purposes of the"negotiation, the overheads
and fixed costs applicable to the item are deemed to have been prorated uniformly over 1 00% of
the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the
Contractor's senior financial officer or auditor and may be audited by the Owner. Aftematively,
where both parties agree, an allowance equal to 10% of the' unit price on the amount of the
underrun in excess of 15% of the tender quantity will be paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Certificate.
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GC 8.02
GC 8.02.01
Payment
Price for Work
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.01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its
performance. The term "all labour, Equipment and Material" shall include Hand Tools, supplies and
other incidentals.
OPS General Conditions of Contnlct - September 1999
Pege35
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.02 Payment for work not specifically detailed as part of anyone item and without specified details of
payment will be deemed to be included in the items with which it is associated.
GC 8.02.02
Advance Payments for Material
.01 The Owner will make advance payments for Material intended for incorporation in the Work upon the
written request of the Contractor and according to the following terms and conditions:
a} The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facilities and notify the Contract Administrator of their locations.
b} The value of aggregates, processed and stockpiled, shall be assessed by the following procedure:
i. Sources Other Than Commercial
(1) Granular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland
cement concrete shalf be assessed at the rate of 25% of the Contract price for each
aggregate stockpiled.
;;~'ii. Commercial Sources
,~ Payment for separated coarse and fine aggregates will be considered at ttae above rate when
?~ . such materials are stockpiled at s commercial source where further processing is to be carried
out before incorporating such materials into a final product. AdvanCe payments for other
materials located at a commercial source will not be made.
c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be
based on the invoice price, and the Contractor shall submit proof of cost to the Contrad
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 Contract price for the item.
e) AI, Materials for which the Contractor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of the material and shall thenceforth be held
by the Contractor in trust for the Owner as collateral security for any monies advanced by the
, Owner and for the due completion of the Work. The Contractor shall not exercise any ad of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for indusion 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
Progress Payment Certificate
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GC 8.02.03.01
.01 The value of the Work performed and Material supplied will be calculated once a month by the
Contract Administrator in accordance with the Contract Documents and, clause GC 8.01.01,
Quantities.
.02 The progress Payment Certificate will show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Materials;
d) the amount of statutory holdback, liens, Owner's set-off;
e) the amount of GST as applicable; and
f) the amount due the Contractor.
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.03 One copy of the progress Payment Certificate will be sent to the Contractor.
_ .04 Payment will be made within 30 Days of the Cut-Off Date.
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GC 8.02.03.02
Certification of Subcontract Completion
.01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the
Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the
Contract Administrator certify the completion of such subcontract.
.02 The Contract Administrator will. issue a Certificate of Subcontract Completion if the subcontract has
been completed satisfactorily, and all required inspection and testing of the works covered by the
subcontract have been carried out and the results are satisfactory. .
.03 The 'ContractAdministrator will set out in the Certificate of Subcontract,Completion the date on which
the subcontract was completed and within'7 Days' of:the datethe'subcontractJs certified complete,
.. the Contract Administrator will give a copy -ofthecertificate'to..the:Contractor-and.to the Subcontractor
concemed.
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GC 8.02.03.03
Subcontract Statutory Holdback Release Certificate and Payment
.01 Following receipt of the Certificate of Subcontract Completion, the Owner will release and pay the
Contractor the statutory holdback retained in respect of the subcontract.- Such release shall be made
46 Days after the date the subcontract. was certified complete and providing. the Contractor submits
the following to the Contract Administrator:
a) a document satisfactory to the. Contract Administrator that will release the Owner from all further
daims relating to the subcontract, qualified by stated exceptions such as holdback monies;
b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all
liabilities incurred in carrying out the subcontract;
c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and
d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement
showing the total amount due the Subcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when the Contract
Administrator specifically requests it
.03 Upon receipt of the statutory holdback, the Contractor 'shall-forthwithgivethe Subcontractor the
payment due under the subcontract.
.04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the
Contractor, or the Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04
Certification of Substantial Perfonnance
.01 Upon application by the Contractor and where the Contract has been substantially performed the
Contract Administrator will issue a Certificate of Substantial Performance.
.02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which
the Contract was substantially performed and within 7 Days after signing the said certificate the
Contract Administrator will provide a copy to the Contractor.
.03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as
required by Section 32(1) Paragraph 5 of the Constroction Usn Act, R.S.O. 1990, c.C.30, as
amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall
indude placement in the Daily Commercial News.
OPS o.n.r.l CondItIona of Contract . ~ 11m
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.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required
above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the
Owner may publish a copy of the certificate at the Contractor's expense.
.05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance
Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GC8.02.03.05
Substantial Perfonnance Payment and Substantial Perfonnance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract
. . Administrator will also issue the Substantial Performance Payment Certificate and the Substantial
Performance StaMory Holdback Release Payment Certificate or where appropriate, a combined
;~yment certificate. .'
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.02~;Rte Substantial Performance Payment Certificate will show,
'~r'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, allowing for any previous releases of statutory holdback to
the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment;
d) the amount of maintenance security required; and
e) the amount due the Contractor.
.03 Payment of the amount certified will be made within 30 Days of the date of issuance of the payment
. certificate.
.04 The Substantial Performance StaMory Holdback Release Payment Certificate will be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantial Performance. Payment of such staMory 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 satisfactory to the Contract Administrator that all liabilities incurred
'ki by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been
" diScharged except for staMory hold backs proper1y retained; .
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
. ~proof of publication of the Certificate of Substantial Performance.
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GC 8.02.03.06
Certification of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completion, the ContractoAdministrator will issue a Completion Certificate.
.02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was
completed and within 7 Days of signing the said certificate the Contract Administrator will provide a
copy to the Contractor.
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GC 8.02.03.07
Completion Payment and Completion Statutory Holdback Release
Payment Certificates
.01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will
also issue the Completion Payment Certificate and the Completion Statutory Holdback Release
Payment Certificate or where appropriate, a combined payment certificate.
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.02 The Completion Payment Certificate will show,
a) measurement and value of WorK at Completion;
b) the amount of the further.statutory holdback based on the value of further workcompieted over
and above the value of work completed shown in the Substantial Performance Payment Certificate
referred to above; and
c) the amount due the Contractor.
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.03 The Completion Statutory. Holdback Release Payment . Certificate ,. will.. be; :.a payment certificate
'releasing to the Contractor'the' further statutory 'hOldback:.,' Payment. of.such.~statutory holdback shall
be due 46 Days after the date of Completion' iof the Workas.estabIished:,by;;th&Completion Certificate
but subject to the provisions of the Construction Lien ActancUhe:submission'by the Contractor of the
following documents:
a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions where
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 carrying out the Contract have been
discharged, qualified by stated exceptions where appropriate; and
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board.
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GC 8.02.03.08
Interest
.01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of
Interest.
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GC 8.02.03.09
Interest for Late Payment
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.01 Provided the Contractor has complied with the requirements of the Contract including all
documentation requirements, when payment by the Owner to the Contractor for Work performed, or
for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to
receive interest on the outstanding payment at the Rateoflnterest,. if payment'js not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days after the Cut-Off Date;
b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the
subcontract was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
subcontract was completed;
d)' Substantial Performance Payment Certificate: 30 Days after the'date of issuance of the certificate.
e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after
publication of the Payment Certificate of Substantial Performance;
f) Completion Payment Certificate: 30 Days. after the date certified as the date on which the
Contract reached Completion;
g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as
the date which the Work was completed.
.02 If the Contractor has not complied with the requirements of the Contract, including all documentation
requirements, prior to expiration of the time periods described In paragraph GC 8.02.03.09.01,
interest will only begin to accrue when the Contractor has completed those requirements.
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GC 8.02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the
subsequent claims are submitted in accordance with the time limits and/or procedure described by
subsection GC 3.14, Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled
claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of
the Work.
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.02 ~Where the Contractor does not attempt to resolve the negotiation or the claim in an eXpeditious
manner, interest shall be negotiable.
.03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC
, 3.14, Claims, Negotiations, Mediation, interest shall not be paid.
.04 ;"~re. a Contractor fails to comply with the 3O-day time limit and the procedures prescribed in
. ~raph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period.
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GC 8~02~03~11
Owner's Set..()ff
.01 .. Pursuant to Section 12 of the Construction Uen Act, the Owner may retain from monies owing to the
Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities
including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work,
claims for damages by third parties which have not been 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 action.
GC 8.02.03.12
Delay In Payment
.01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
Payment on a TIme and Material Basis
GC 8J1~~~01 Definitions
.01 Fot'the purpose of this clause the following definitions apply:
...4ft"-:- .
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Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and
Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively
and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour
and supervision, but shall not include any payment or costs incurred for general supervision,
administration of management time spent on the entire Work or any wages, salary or Payroll Burden for
which the Contractor is compensated by any payment made by the Owner for Equipment
Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current
market prices, for the purpose of carrying out Extra Work, by the Contractor, or by others when such
arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices.
Operated Rented Equipment: means Rented Equipment for which an operator is provided by the
supplier of the equipment and for which the rent or lease includes the cost of the operator.
pege 40
OPS Gene,. Condltlona of Contrllct - September 1999
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Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment
insurance, public liability and property damage insurance, sickness and accident insurance, pension fund
and such other welfare and benefit payments 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 lots and includes all work incidental thereto other than work on structures.
Sewer and Watennaln 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 Which'isnot-considered'Working-T~nd which together with
the Working Tme does not exceed10hours,in,any:one:Working:Day.and'.duringwhich time a unit of
equipment cannot practically 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 waR 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 Contract Administrator for payment.on a Tmeand Material basis. The Work on a Time
and Material Basis shall be subject to all the terms, conditions, specifications and provisions of the
Contract.
Working Time: means each period of time during which a unit of equipment is actively and of necessity
engaged on a specific operation and the first 2 hours of each, immediately. following period during which
the unit is not so engaged but during which the operation-is.otherwise- proceeding and during .which time
the unit cannot practically be transferred to other work but must remain on the site in order to continue with
its assigned tasks and during which time the unit is in a fully operable condition. -
GC 8.02.04.02
Dally Work Records
.01 Daily Work Records prepared as the case may be by either the Contractor's representative or the
. Contract Administrator and' reporting the labour and Equipment employed and the Material used on
- each Time and Material project, shall be' reconciled and signed each day by both the Contractor's
representative and the Contract Administrator.
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GC 8.02.04.03
PaYR1ent for Work
.01 Payment as herein provided shaH be full compensation for all labour, Equipment and Material to do
the Work on a Time and Material Basis except where there is agreement to the contrary prior to the
- commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and
Material basis shall apply to each individual Change Order authorized by the Contract Administrator.
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OPS General Condltlona cA Contract . September 1999
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GC 8.02.04.04
Payment for Labour
.01 The Owner will pay the Contrador 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
>i~of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of
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GC8:02:04.06 Payment for Equipment
GC 8.02.04.06.01
Wortdng 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 Time and Material basis at The
127 Rates with a cost adjustment as follows:
a) Cost $10,000 or less - no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion
in excess of $10,000; and
c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a
Tme and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a
maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator
approves the invoice price prior to the use of the Rented Equipment
.03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the
Work on a Time 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
Material Basis.
GC 8~02i04.06.02
';""1
Standby Time
.01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by ,
the Contract Administrator. This will include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.
.02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the Work on a Time and Material Basis.
.03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to
the Work on Tme and Material Basis to be retumed to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such retum.
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.04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to
or from the Working Area on a Time and Material basis, payment will be made by the Owner only in
respect of the transporting units. When Equipment is moved under its own power it shall be deemed
to be working. The method of moving Equipment and the rates shall be subject to the approval of the
Contract Administrator.
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GC 8.02.04.07
Payment for Hand Tools
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.01 Notwithstanding any. other provision of this Section, no payment shall be made to ,the, Contractor for
or in respect of Hand Tools or equipment that are tools of the trade.
GC 8.02.04.08
Payment for Work By Subcontractors .
-
.01 Where the Contractor arranges for Work on aTime and Material Basis, or.a part of it, to be performed
by Subcontractors.. on .aTime' and. ,Material .basis.,.and..has....rec::eived ..appr;oval. prior to the
commencement. of.' such,', work.. ,~in accordance ~the)~requirements~~f~ubsection., GC 3.10,
SubContracting by the' Contractor.' the, Owner will pay the icost:of.Work,on..a-.Tune(ancJ.JMaterial Basis
by1he Subcontractor calculated"8sif the Contractor had'don&the.Work-oA-.a;Ti~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 markupwill be applied regardless-of.the extent to which ,the work is assigned or sublet to
. others. If work is .assigned ,or, sublet '.to an. associate, . as defined by the. Securities . Act no markup
whatsoever will be applied. .
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GC 8.02.04.09
Submission of Invoices
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.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 Contract Administrator during the course of
such work.
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.02 . Separat& summaries shan be'completed by the Contractor according to the standard foon."Summary
for Payment of Accounts on a Tme.and Material Basis". Each summary shall include the order
number and covering dates of the work and shall itemize separately labour, Materials and Equipment
. Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on the Work
on a Time and Material Basis slu\lllbe included with eachsummary.-c -, --".. .."-...,-., . 'p'
Each month .theContractAdministratorwill include. witb the.mQllthly~~feSS .~yme~, ~~cate, the
costs of the Work on a Tme and Material Basis incurred during the preceding month all in
accordance with the contract administrative procedures and the Contractor's invoice of the Work on a
Time and Material Basis.
The final "SummarY for Payment of Accounts on a Time and Material Basis" shall be submitted by the
Contractor within 60 Days after the completion of the Work on a Time and Material Basis.
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GC 8.02.05
Final Acceptance Certificate
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.01 After the acceptance of the Work .the Contract Administrator will issue the Final Acceptance
Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance
Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case
may be, and the Contractor has discharged all obligations under the Contract.
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OPS General Condltlona of Contred - September 1999
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GC 8.02.06
Payment of Workers
.01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in
accordance with the labour conditions set out in the Contract and at intervals of not less than twice a
month.
.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers
employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is
paid less than the amount required to be paid under the Contract, the Owner may set off monies in
accordance with clause GC 8.02.03.11, Owner's Set-Off.
GC 8.02.07
Records
.01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the
total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such
original Records until 12 months after the Final Acceptance Certificate is Issued or until all claims
have been settled, whichever is longer. The Contractor shall require that Subcontractors employed
by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra
Work and claims arising therefrom for a similar period of time.
.02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Daily Work Records shall be reconciled with and signed by the Contractor's representative each
day.
.03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and
Changes in the Work at any time during the period of the Contract. The Contractor shall supply .
certified copies of any part of its Records required whenever requested by the Owner.
GC 8.02.08
Taxes and Duties
.01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender dosing for
this Contract, and this change could not have been anticipated at the time of bidding, the Owner will
increase or decrease Contract payments to account for the exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such daims for
additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a
statement of such benefits. This statement shall be submitted not later than 30 Days after Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left in
. place form part of the finished Work, or the provision of services, where such services form part of the
Work and where the manufacture or supply of such commodities or the provision of such services is
carried out by the Contractor or a Subcontractor, are subject to a daim or benefit as detailed above.
Services in the latter context means the supply and operation of equipment, the provision of labour
and the supply of commodities, which do not form part of the Work.
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GC 8.02.09
Liquidated Damages
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.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work
in accordance with the Contract. the Contractor shalf pay such amounts as are specified in the
Contract Documents.
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