HomeMy WebLinkAbout2006-185
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2006 - 185
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Rutherford
Contracting Ltd., Gormley, Ontario, to enter into agreement for
the Port of Newcastle Waterfront Trail.
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 Rutherford Contracting Ltd., Gormley, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 25th day of September, 2006.
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
PORT OF NEWCASTLE WATERFRONT TRAIL
CONTRACT NO. CL2006-49
AUGUST 2006
~~
architeC1:S
planners
TSH No. 42-80449
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: RUTHERFORD CONTRACTING LTD.
of the Regional Municipality of York
hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
-and -
the CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Purchaser"
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or payments
specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies,
labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described
hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict
accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part
of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof
have been embodied herein.
Page 1 of3
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Contract No. CL2006-49, Port of Newcastle Waterfront Trail, Municipality of Clarington
ADDENDUM NO. I dated September I, 2006
A. TENDER FORM: General Pages I and 2
Itemized Bid Pages 3 to 5
Bonds
Schedule of Tender Data Page 7
B. STANDARD TERMS AND CONDITIONS
C. CONTRACTOR SAFETY
D. INSTRUCTIONS TO TENDERERS Pages I to 4
E. SPECIAL PROVISIONS - GENERAL Pages I to II
F. SPECIAL PROVISIONS - TENDER ITEMS Pages I to 10
G. STANDARDS
H. PLANS: Drawing 1.01 through LlO
1. MUNICIPALITY OF CLARINGTON DESIGN GUIDELINES AND ST ANDARD DRAWINGS
J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications.
OPSS Date OPSS Date OPSS Date OPSS Date
No. No. No. No.
127 Current 405 February 1990 577 February 1996
128 Current 407 Nov. 2001
201 November 2003 421 April 1999
206 November 2000 570 August 1990
310 November 200 I 571 November 200 I
314 December 1993 572 November 2003
J. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
All plans and documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in
accordance with this agreement on or before the expiration of forty-five (45) working days from the
commencement date of September 26, 2006.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor
for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 00
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED and sealed by the Contractor: RUTHERFORD CONTRACTING LTD.
ILf1a0< · . .
. . / .. ~BERT STE1>HENSON.
r 2q,V6b VICE.PRESIDENT .. ...
,
in the presence of
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Date
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SIGNED and sealed by the Purchaser: CORPORATION OF THE
MUNlCIP ITY OF CLARINGTON
in the presence of
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P\80449\Spee:>\T rail Spe<:s\S0449-AG R.doc
Date
Page 3 of3
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CONTRACf NO. CL2006-49
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PORT OF NEWCASTLE WATERFRONT TRAIL
10ft
ADDENDUM NO.1
Contractors are hereby notified of the following modifications to Contract No. CL2006-49.
TENDER FORM - ITEMIZED BID
PART A - Section D
Delete Item 11 from the contract.
PART A - Section D -Item 12
Quantity of Topsoil to Supply and Install from Existing Stockpile Shall be changed
from 1,630 m' to 4,13Om'
TENDER FORM - SHEDULE OF TENDER DATA
Item H - Plans
Revise to "Drawings LOI through LiI".
INSTRUCTIONS TO TENDERERS
Item No.4 - BONDS
Delete the last paragraph "In lieu of bonding....." - it does not apply to this contract.
SPECIAL PROVISIONS - TENDER ITEMS
SUPPLY AND INSTALLATION OF SEED (Items 14&15 Part A)
The 8'" stanza should read "Mechanically seed with a Brillion Seeder".
DRAWING L09
DETAIL 2 - CONCRETE FOOTING FOR FUTURE VIEWER
The dimension of the footing diameter shall be changed from 300mm to 7SOmm
diameter.
All tenders must be submitted on the basis of these modifications.
This Addendum shall remain attached to and form part of all tenders submitted.
TSH, Engineers Architects Planners
513 Division Street
COBOURG, Ontario K9A 5G6
September I, 2006
p: \42-S0449\specs\PartsA&B\CL2006-49ADD-I_doc
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P/80449-02rrrail-Specs/80449- TF~Signing
TENDER FOR CONTRACT NO. CL2006-49
PORT OF NEWCASTLE WATERFRONT TRAIL
Corporation of the Municipality of Clarington
TOTTEN SIMS HUBICKl ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
RUTHERFORD CONTRACTING LTD.
Name
27 Cardico Drive
GORMLEY, Ontario. LOH lGO
Address (include Postal Code)
905-888-9444 905-888-9445
Telephone and Fax Numbers
Robert Stenhenson
Name of Person Signing
Vice-President
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
BOWMANVILLE, Ontario. LlC 3A6
Page 1 of7 pages
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TENDER CONTRACT NO. CL2006-49
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2006-49
Port of Newcastle Waterfront Trail
Dear Mayor and Members of Council:
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as
part of the work to be done under this Contract. The Contractor understands and accepts the said Plans,
Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all
machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in
the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and
Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are subject to
increase, decrease, or deletion entirely if found not to be required.
Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made
payable to the Authority. This cheque or bid bond shall constitute a deposit which shaH be forfeited to the
Authority ifthe 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 of7 pages
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ITEMIZED BID
CONTRACT NO. CL2006-49
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2006-49 for the following unit prices.
Spec. No.
SP
(P)
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
I~m No. Spec No. Description Unit Quantity Unit Price Total
PART A - WATERFRONT TRAIL (TORONTO ROAD TO LAKEBREEZE AVE.)
SECTION A - SITE WORKS
I 201,206, Site Preparation LS 4,447.10
SP
2 206,SP Earth Excavation (Grading) m' (P) 1,680 6.24 10,483.20
3 577, SP Silt Fence m 930 18.12 16,851.60
Total Section A - (carried forward to Summary) 31,781.90
SECTION B - SITE SERVICES (N/A)
SECTION C - SITE FEATURES
Site Furniture
4 SP Supply and Installation of Benches, As ea. 4 2,215.43 8,861.72
Per Manufacturer's Specifications
5 SP Supply and Installation of Trash ea. 4 1,811.13 7,244.52
Receptacles, As per Manufacturer's
Specifications
6 SP Supply and Installation of Pergola L.S. 30,288.50
Paving
7 314, SP Supply and Placing of Granular 'A' t 1,245 29.30 36,478.50
Including Compaction and Fine Grading
8 314,SP Placing of Granular 'A' from Existing t 1,200 15.75 18,900.00
Stockpile Including Compaction and
Fine Grading
9 310, SP Supply and Place 50 mm Hotmix HL-3F t 400 116.70 46,680.00
Asphalt Pathway
10 310, SP Coloured, Impressed Asphalt Paving m2 222 81.45 18,081.90
Total Section C - (carried forward to Summary) 166,535.14
SECTION D - TOPSOIL SPREADING AND SEEDING
11 570, SP Supply and Installation of Topsoil , ITEM DELETED
m
12 570, SP Supply and Installation of Topsoil from m' 4,130 10.97 45,306.10
Existing Stockpile
13 206,SP Fine Grading LS 10,162.50
14 572, SP Supply and Installation of Grass Seed m2 31,050 0.3~ 11,178.00
Page 3 of7 pages
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ITEMIZED BID
CONTRACT NO. CL2006-49
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2oo649 for the following unit prices.
Suec. No.
SP
(Pl
1be numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Item No. Spec No. Description Unit Qnalltlty Unit Price Total
15 572, SP Supply and Installation of Naturalized m2 9,600 0.96 9,216.00
Seed
Total Section D - (carried forward to Su 75,862.60
PART A-SUMMARY:
Sub-Total, Section A - Site Works 31,781.90
Sub-Total, Section C - Site Features 166,535.14
Sub-Total, Section 0 - Topsoil Spreading and Seeding 75,862.60
SUB-TOTAL FOR PART A (excludinl! GST) 274,179.64
PART B - PORT OF NEWCASTLE DRIVE TO ROSEMEADOW CRESCENT
SECTION A - SITE WORKS
I 201,206, Site Preparation LS 2,223.55
SP
2 206,SP Earth Excavation (Grading) m3 380 6.24 2,371.20
3 577,SP Silt Fence m 140 18.12 2,536.80
Total Section A - (carried forward to S 7,131.55
SECTION B - SITE SERVICES
4 SP 200mm HPDE Storm Sewer clw Rodent m 6 181.57 1,089.42
Grate
5 SP Lawn Drain as per Nyloplast 300mm ea. I 591.44 591.44
Drain wi square 300mm lock down
hinged grate
Total Section B - (carried forward to S 1,680.86
SECTION C - SITE FEATURES
Paving
6 314,SP Supply and Placing of Granular 'A' t 740 29.30 21,682.00
Including Compaction and Fine Grading
7 310, SP Supply and Place 50 mm Hotmix HL-3F t 122 130.30 15,896.60
Asohalt Pathwav
Total Section C - (carried forward to S 37,578.60
Page 4 of 7 pages
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ITEMIZED BID
CONTRACT NO. CL2006-49
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2006-49 for the following unit prices.
Soec. No.
SP
(Pl
1be numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Item No. Spec No. Description Unit Qnantlty Unit Price Total
SECTION D - TOPSOIL SPREADING AND SODDING
8 570,SP Supply and Installation of Topsoil , 30 40.40 1,212.00
m
9 570,SP Supply and Installation of Topsoil from m' 20 10.97 219.40
Existing Stockpile
10 206,SP Fine Grading LS 120.00
11 572, SP Supply and Installation of Sod 2 480 2.87 1,377.60
m
Total Section D - (carried forward to Su 2,929.00
PART B - SUMMARY:
Sub-Total, Section A - Site Works 7,131.55
Sub-Total, Section B - Site Services 1,680.86
Sub-Total, Section C - Site Features 37,578.60
Sub-Total, Section D - Topsoil Spreading and Sodding 2,929.00
SUB-TOTAL FOR PART B (excluding GST) 49,320.01
PROJECT TOTAL - PART A AND PART B 323,499.65
GST (6% of Sub-Total) 19,409.98
TOTAL TENDER AMOUNT 342,909.63
Tenderer's GST Registration No. RI24580911
P/80449ISpecsrr rail Specs/80449~ItemBid-Signing.doc
Page 5 of 7 pages
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AGREEMENT TO BOND (to be completed bv Bondinl! Company)
CONTRACT NO. CL2006-49
Bond No. 83-1632-0112-06
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
RUTHERFORD CONTRACTING 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.CL200649 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 Gormlev
this
6th
day of September
2006
AVIV A INSURANCE COMPANY OF CANADA
Name of Bonding Company
Linda Handv
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
Attornev-in-Fact
Position
(This Form shall be completed and attached to the Tender Submitted).
This is Page 6 of7 Pages to be submitted as the Tender Submission for Contract No. CL200649.
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2006-49
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General Pages I and 2
Itemized Bid Pages 3 to 5
Agreement to Bond Page 6
Schedule of Tender Data Page 7
B. STANDARD TERMS AND CONDITIONS
C. CONTRACTOR SAFETY
D. INSTRUCTIONS TO TENDERERS Pages I to 4
E. SPECIAL PROVISIONS - GENERAL Pages I to II
F. SPECIAL PROVISIONS - TENDER ITEMS Pages I to 10
G. STANDARDS
H. PLANS: Drawing LOI through L10
1. MUNICIPALITY OF CLARINGTON DESIGN GUIDELINES AND STANDARD DRAWINGS
J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition ofthe following Ontario Provincial Standard Specifications.
OPSS Date OPSS Date OPSS Date OPSS Date
No. No. No. No.
127 Current 405 February 1990 577 February 1996
128 Current 407 Nov. 2001
201 November 2003 421 April 1999
206 November 2000 570 August 1990
310 November 2001 571 November 2001
314 December 1993 572 November 2003
J. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes X
No
By my/our sigoature hereunder, I1we hereby identify this as the Schedule of Tender Data, Plans and Specifications,
for Contract No. CL2006-49, executed by me/us bearing date the 6th
we have fully read all related documents to tender data as listed above.
SIGNATURE: I{, I/o; /1;/1, "' A - .
'/~
NAME OF FIRM: RUTHERFORD CONTRACTING LTD.
day of Seotember
2006 and
"///,
~:-----
;
.,
,
POSITION: Vice..J?resident-:.=
-- -....-
.... "'-.::::
-
,
,
,
. ,
....... ":'
(COMPANY SEAL):-
Privacv Leitislation _
FerlerallegisIation governs the collection and use of personal infonnation from individuals. We represent and warrant to the owner that we
have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This
personal infonnation, which includes, but is not limited to, the employees' names, education, work and project history, professional
designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent)
for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project
administration, for contact purposes.
This is Page 7 of 7 Pages to he submitted as the Tender Submission for Contract No. CL2006-49.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-49
STANDARD TERMS AND CONDITIONS
p:\42-80449specs\ PartsA&B\42-80448~t&c.doc
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STANDARD TERMS AND CONDITIONS
1
The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract
except where noted below.
. Clause 8 of the "Standard Terms and conditions" shall be superceded by Clause 6,
"Payments" of the "Special Provisions - General" Section of the Contract.
. Clause 15 of the "Standard Terms and conditions" shall be superceded by Clause I,
"Guaranteed Maintenance" of the "Special Provisions - General" Section of the
Contract.
. Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract.
. Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 16,
"Workplace Hazardous Materials Information System (WHM1S)" of the "Special
Provisions - General" Section of the Contract.
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STANDARD TERMS AND CONDITIONS
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1. DEFINITIONS
Municipality - The Corporation of the Municipality of Clarington, its successors and assigns.
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Bidder - The person, firm or corporation submitting a bid to the Municipality.
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Company - The person, contractor, firm or corporation to whom the Municipality has awarded the
contract, it successors and assigns.
Contract - The purchase order authorizing the company to perform the work, purchase order
alterations, the document and addenda, the bid, and surety.
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Subcontractor - A person, firm or corporation having a contract with the company for, or any part of,
the work.
Document - The document(s) issued by the Municipality in response to which bids are invited to
perform the work in accordance with the specifications contained in the document.
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Bid - An offer by a Bidder in response to the document issued by the Municipality.
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Work - All labour, materials, products, articles, fixtures, services, supplies. and acts required to be
done, furnished or performed by the company, which are subject to the Contract.
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2. SUBMISSION OF BID
Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-129
and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for
evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law.
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The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier
envelopes or other coverings.
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The bid must be signed by a designated signing officer of the Bidder.
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If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeouf or over-writing
must be initialted by the Bidde~s authorized signing officer.
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The bid must not be restricted by a covering letter, a statement added, or by alterations to the
document unless otherwise provided herein.
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2. SUBMISSION OF BID (conrd)
Failure to return the document or invitation may result in the removal of the Bidder from the
Municipality's bidde~s list.
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A bid received after the closing date and time will not be considered and will be returned, unopened.
Should a dispute arise from the terms and conditions of any part of the contract regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
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STANDARD TERMS AND CONDITIONS
3
3.
CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are named above,
notwithstanding the chronological order in which they are issued or executed.
The intent of the contract is that the Company shall supply work which is fit and suitable for the
Municipality's intended use and complete for a particular purpose.
None of the conditions contained in the Bidder's standard or general conditions of sale shail be of
any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase
order.
4.
CLARIFICATION OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shail 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 shail oral arrangements be considered.
Every notice, advice or othef communication pertaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter oraily any portion of the
document.
5.
PROOF OF ABILITY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified deiivery date.
6.
DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by
the Company as soon as possible and in any event within the period set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece taily, showing the exact quantity of goods, materials, articles or
equipment, shail accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shail not bind the Municipality to accept the work covered thereby, or the particulars of
the delivery ticket or piece taily thereof.
Work shall be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shail be as specified in
the contract.
Time shail be of the essence of the contract.
7.
PRICING
Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract.
Prices bid must include all incidental costs and the Company shail be deemed to be satisfied as to
the full requirements of the bid. No claims for extra work will be entertained and any additional work
must be authorized in writing prior to commencement. Should the Company require more
information or clarification on any point. it must be obtained prior to the submission of the bid.
Payment shail be fuil compensation for ail 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
4
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All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other
charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax
shall be extra and not shown, unless otherwise specified herein.
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If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall
arrange its shipping procedures so that its agent or representative in Canada is the importer of
record for customs purposes.
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Should any additional tax, duty or any variation in any tax or duty be imposed by the Govemment of
Canada or the Province of Ontario become directiy applicable to work specified in this document
subsequent to its submission by the Bidder and before the delivery of the work covered thereby
pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the
price of work shall be made to compensate for such changes as of the effective date thereof.
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8.
TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work.
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Payments made hereunder, including final payment shall not relieve the company from its
obligations or liabilities under the contract.
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Acceptance by the company of the final payment shall constitute a waiver of claims by the company
against the Municipality, except those previously made in writing in accordance with the contract and
still unsettled.
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The Municipality shall have the right to withhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction
ofil.
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Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract
requirements being completed and work being deemed satisfactory.
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9.
PATENTS AND COPYRIGHTS
The company shall, at its expense, defend all claims, actions or proceedings against the Municipality
based on any allegations that the work or any part of the work constitutes an infringement of any
patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages,
charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned
to the Municipality by reason thereof.
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The company shall pay all royalties and patent license fees required for the work.
If the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forthwith either secure for the Municipality the right to continue using the work or shall
at the company's expense, replace the infringing work with non-infringing work or modify it so that
the work no longer infringes.
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10.
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At. TERNATES
Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be
final. Any bid proposing an alternate will not be considered unless otherwise specified herein.
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11.
EQUIVALENCY
Any opinion determined by the Municipality with respect to equivalency shall be final.
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12.
ASSIGNMENT AND SUBCONTRACTING
The company shall not assign or subcontract the contract or any portion thereof without the prior
written consent of the Municipality.
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STANDARD TERMS AND CONDITIONS
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13.
FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to request of the Company to furnish reasonable evidence that financial
arrangements have been made 10 fulfill the Company's obligations under the Contract.
14.
LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and its performance. The company shall be responsible for ensuring
similar compliance by suppliers and subcontractors.
The contract shall be governed by and interpreted in accordance with the taws of the Province of
Ontario.
15.
CORRECTION OF DEFECTS
If at any time prior 10 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 10 defect in design, materiat or workmanship, or otherwise fails 10 meet the
requirements of the contract, the company, upon request, shall make good every such defect,
deficiency or failure without cost to the Municipality. The company shall pay all transportation costs
for work both ways between the company's factory or repair depot and the point of use.
16.
BID ACCEPTANCE
The Municipaljty 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 submilling identical
bids as to price: to accept or reject any bids in whole or in part; to waive irregularities and omissions,
if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the
Municipality for its decision in this regard.
Bids shall be irrevocable for 90 days after the official closing time.
The placing in the mail or delivery 10 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 10
the extent described in the notice of award.
17.
DEFAULT BY COMPANY
a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of
its insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of its creditors; then, in any such case, the Municipelity may,
without notice: terminate the contract,
b.
If the company: fails to comply with any request, instruction or order of the Municipality; or
fails 10 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 writien consent; or refuses to correct defective work;
or is otherwise in default in carrying out its part of any of the terms, conditions and
obligations of the contract, then, in any such case, the Municipality may, upon expiration of
ten days from the dale of wrillen notice to the company, terminate the contract.
c.
Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice
to any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respecttherelo.
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STANDARD TERMS AND CONDITIONS
6
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d.
If the Municipality tenninates the contract, it is entitled to:
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i) take possession of all work in progress, materials and construction equipment
then at the project site (at no additional charge for the retention or use of the
construction equipment), and finish the work by whatever means the Municipality
may deem appropriate under the circumstances;
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ii)
withhold any further payments to the company until the completion of the work
and the expiry of all obligations under the Correction of Defects section;
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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).
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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 selUemenl. The Municipality shall not be liable to
the Company for loss of anticipated profit on the cancelled portion or portions of the work.
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19. QUANTITIES
Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be
accurate, are fumished without any liability on behall of the Municipality and shall be used as a basis
for comparison only,
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Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
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20,
SAMPLES
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Upon request, samples must be submitted strictly in accordance with instructions. If samples are
requested subsequent to opening of bids, they shall be delivered within three (3) working days
following such request, unless additional time is granted. Samples must be submitted free of charge
and will be retumed at the bidde~s expense, upon request, provided they have not been destroyed
by tests, or are not required for comparison purposes.
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The acceptance of samples by the Municipality shall be at its sole discretion and any such
acceptance shall in no way be construed to imply relief of the company from its obligations under the
contract.
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Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable,
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21. SURETY
The successful tenderer shall, ff the Municipality in its absolute discretion so desires, be required to
satisfy surety requirements by providing a deposll 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 retumed before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out
the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB -
Workplace Safety Insurance Board has been received.
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The company shall, ff 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.
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Failure to fumish 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.
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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 Leller of Good Standing
from the Workplace Safety and Insurance Board shall be provided prior to the commencement of
work indicating all payments by the Company to the board have been made. Prior to final payment, a
Certificate of Clearance must be issued indicating all payments by the Company to the Board in
conjunction with the subject Contract have been made and that the Municipality will not be liable to
the Board for future payments in connection with the Company's fulfilment of the contract. Further
Certificates of Clearance or other types of certificates shall be provided upon request.
For Independent contractors I Owners I Operators who do not have WSIB coverage, the following
shall be provided upon request by the Calling Agency:
Single Independent Contractors I Owners I Operators shall provide a leller from the Workplace
Safety & Insurance Board confirming independent operator status and identification number. To
obtain this, contractors must complete the form "Determining workerllndependent Operator status",
issued by the Workplace Safety & Insurance Board. (For more information, please contact your
local Workplace Safety & Insurance Board Office and refer to this clause.)
Single Independent Contractors I Owners I Operators must also provide a certificate from the
Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage.
The Municipality of Clarington has the right to reject any bid it deems to provide Insufficient coverage.
23.
INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance including
premises and all operations. This insurance coverage shall be subject to limits of not less than
$3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such
other coverage or amount as may be requested.
The policy shall include the Municipality as an additional insureds in respect of all operations
performed by or on behall of the Company. A certilied copy of such policy or certificate shall be
provided to the municipality prior to commencement of the work. Further certilied copies shall be
provided upon request.
24.
L1ABI L1TY
The company agrees to defend, fully indemnify and save harmless the Municipality from all actions,
suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury
including death to any person and all damage to any property which may arise direclly or indireclly
by reason of a requirement of the contract, save and except for damage caused by the negligence of
the Municipality or its employees.
The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality
or any of its employees shall be made a party to any charge under the Occupational Health and
Safety Act in relation to any violation of the Act arising out of this contract.
25.
VISITING THE SITE
The Company shall carefully examine the site and existing building and services affecting the proper
execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions.
No claim for extra payment will be allowed for work or difficulties encountered due to conditions of
the site which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respect.
STANDARD TERMS AND CONDITIONS
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26. SAFETY
The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations,
Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract
or to the Employees of the Company.
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Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements
imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a
contractor, a Constructor and/or Employer with respect to or arising out of the performance of the
Company's obligations under this Contract.
The Company shall be aware of and conform to all governing regulations including those established
by the Municipality relating to employee health and safety. The Company shall keep employees and
subcontractors informed of such regulations.
The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied
Hazardous Materials.
27.
UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating
to the work. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
28.
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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
detennine.
The resumption and completion of work after the suspension shalt be governed by the schedule
established by the Municipality.
29.
CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
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30. CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell goods or services to the Municipality
in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a
Company or own a Company which sells goods or services to the Municipality.
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31.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPAl
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 subjeclto 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 disclosure of which could cause them
injury. Complete proposals are not to be Identified as confidential.
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32.
CRIMINAL BACKGROUND CHECKS
"The successful service provider covenants and agrees to provide the Municipality of Oarington, or
such other entity as the Municipality may designate, with written consent to pelform a criminal
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STANDARD TERMS AND CONDITIONS
9
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background check including Criminal Code (Canada) conviclions, pardoned sexual offences,
records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and
Food and Drugs Act and all outstanding warrants and charges for every individual who may come
into direct contract with youth or who are permitted entrance to private or restricted areas or
residences. This will be done at no cost to the Municipality and any such requested document will
be submitted to the Municipality in its true form in advance of commencement of work.
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The Municipal issued identification card must be worn when individuals are at a site where there is
direct contact with youth or where access to any private or restricted area is anticipated. The
Municipal identification card is valid for the term of the contract oniy or a one year term, whichever
comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion
to prohibit an individual from coming into direct contact with youth or entering a private or restricted
area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew
the Municipal identification cards according to Municipal policy and procedure.
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The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately
and unilaterally and without penalty to the Municipality should the service provider fail to provide
the required documentation or otherwise adhere to this procedure. "The Chief Administrative
Officer has the final say in determining any final action."
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-49
SCHEDULE 'c'
p: \42-80449\specs\PartsA&B\schedule c-42-80449.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, waterrnain, 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.
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...
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 H). The Purchasing Office will maintain
all contractors safety performance records.
e) As part of the tender/quotation conditions, before award of a contract, the contractor
will be required to provide proof that all workers involved with the project have the
proper WHMIS training, as required by the Occupational Health and Safety Act.
f) As part of the tender/quotation conditions, before award of a contract, the contractor
must provide details of their Health and Safety program.
g) The project manager or delegate must provide the successful contractor with a
workplace orientation, which will include, but not limited to identifying known
potential hazards, hazardous material inventory and material safety data sheets for the
sites. A workplace orientation/Job Safety Instruction Checklist to be completed (see
Compliance page 9).
h) Before the start of the assignment, the following documentation will be provided to the
successful contractor, by the project manager or delegate.
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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 if there are any violations by the contractor of the Occupational
Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or
if the contractor creates an unacceptable health and safety hazard. Written warnings
and/or stop work orders can be given to contractors using Contractor Health and Safety
Warning/Stop Work Order Form (Schedule "B").
k) Where applicable, the Municipality will retain the right to allow municipal employees
to refuse to work in accordance with the established policy and the Occupational Health
and Safety Act, in any unsafe conditions.
I) The Purchasing Department will maintain current certificates of clearance until all
monies owing have been paid to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the project
manager or designate. This will include identification, evaluation and control practices
and procedures for hazards and follow-up and issuing of Contractor Health and Safety
Warning/Stop Work Orders.
. Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
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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 accidentJincident
and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable.
. The New Experimental Experience Rating (NEER)
- The WSIB experience rating system for non-construction rate groups
. The Council Amended Draft #7 (CAD-7) Rating
- The WSIB 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).
(Bidders to include the letter confirming this status and number from WSIB with their bid
submission.)
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, I/we will comply with all
procedures and requirements of the Occupational Health and Safety Act, Municipal safety
policies, department and site specific policies and procedures and other applicable legislation or
regulations. I/we will work safely with skill and care so as to prevent an accidental injury to
ourselves, fellow employees and members of the public.
1. The contractor/successful tenderer certifies that it, its employees, its subcontractors
and their employees,
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 matrer'trequire!i:parsuanl ,', _
to this contract/tender safely and in compliance with the Act: . --, /
2,
In the performance of all matters required pursuant to this contract/ten~r',the
contractor/successful tenderer shall, ,
'.-
..-
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act safely and
complying all respects with the Act,
3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-
compliance with the Act at its expense immediately upon being notified by any person
of the existence of such act, practice or non-compliance.
4. The contractor/successful tenderer shall permit representatives of the Municipality and
the Health and Safety Committee on site at any time or times for the purpose of
inspection to determine compliance with this contractor/tender.
5. No act or omission by any representative of the Municipality shall be deemed to be an
assumption of any of the duties or obligations of the contractor/successful tenderer or
any of its subcontractors under the Act.
6. The contractor/successful tenderer shall indemnify and save harmless the Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which may
result from the contractor/successful tenderer or any of its employees, its
subcontractors or their employees failing to act safely or to comply in all
respects with the Act in the performance of any matters required pursuant to
this contract/tender;
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
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
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.
ROBERT STEPHENSON
................... Vtc:;E'PRESIDENl................................................................................
Contra.cWr Name of Person Signing for Contractor
~.-~ - ---....~
\__s~~l~~.f~~~._..._..................~T:.~'L..1!!oJo Date
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER
The purpose of this form is to: (Issuer to check one of the following)
Provide warning to the contractor to immediately discontinue the unsafe work practice
described below
Direct the contractor to immediately cease all work being performed under this contract due to
the unsafe work practice described below.
FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A
BREACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
NAME OF FIRM:
PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
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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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:
CONTRACTOR'S EMPLOYEE TITLE
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-49
INSTRUCTIONS TO TENDERERS
p: \42-8044 9\specsIParl5A&B\80449-it.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-49
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... ........ ........ ......... .............. ................ ......... ......... ...... ............2
9. GOODS AND SERVICES TAX (GST)...... ......... .............. ......................... ......... .................. 3
10. EXECUTE CONTRACT DOCUMENTS .... ......... ............ ......... ........ .......... ............... ............3
11. COMMENCEMENT OF WORK......................................................................................... 3
12. LOCATION.................... ................. ......... ............. ......... ....... ...................................... 3
13. TENDERERS TO INVESTIGATE............ ........ ............. ................ .......... ........ ................ ....3
14. INQUIRIES DURING TENDERING ......... ....... ............. ................. ......... ......... .................... 3
15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACTADMINISTRATOR.............. 4
16. ADDENDA ........ ........ ............ ..... ............. ............ ......... ....... .......... ..... .... ........ ......... ....4
17. UTILITIES. ................. ........... ..... ....... ......... ........ .......... ....... ......... ........ ............. ...... ....4
18. TENDER OPENING MEETING ......................................................................................... 4
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-49
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2006-49" will be received until:
2:00:00 p.m., LOCAL TIME, WEDNESDAY, SEPTEMBER 6, 2006
and shall be addressed to:
Ms. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
BOWMANVILLE, Ontario. LiC 3A6
2.
BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested
shall be shown in the tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
Total Tender Amonnt
Mlnimum Deposit
Required
$1,000.00
2,000.00
5,000.00
10,000.00
25,000.00
50,000.00
100,000.00
200,000.00
$ 20,000.00 or less
20,000.01 to 50,000.00
50,000.01 to 100,000.00
100,000.01 to 250,000.00
250,000.01 to 500,000.00
500,000.01 to 1,000,000.00
1,000,000.01 to 2,000,000.00
2,000,000.01 and over
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. CL2006-49
2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material Payment
Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his
faithful performance ofthis 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.
In lieu of bonding the successful Contractor shall submit a performance surety in the form of a
certified cheque, bank draft, money order or other form of surety in an amount determined by the
Municipality and manner acceptable to the Municipality. A letter from the Contractor's financial
institution certifYing that they qualify for the required amount of surety must be provided.
Failure to provide the letter in lieu of an Agreement to Bond with the bid will result in the
rejection of the tender.
5. RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender should it be
deemed to be in its best interest to do so.
Tenders which are incomplete, conditional or obscure, or which contain additions not called for,
erasures, alterations, or irregularities of any kind, may be rejected as informal.
Tenders will not be accepted unless submitted in the envelopes provided.
6. UNACCEPTABLE TENDERS
Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be considered to be
unbalanced, then it will be rejected by the Authority.
7. ABILITY AND EXPERIENCE OF TENDERER
The Authority reserves the right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete the work in the specified
time, is not furnished by the Tenderer.
8. PROVINCIAL SALES TAX
Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-49
3.
9. GOODS AND SERVICES TAX (GST)
The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services
Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in
addition to the amount certified for payment and will therefore not affect the Contract unit prices.
10. EXECUTE CONTRACT DOCUMENTS
Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent of the successful Tenderer.
The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within ]0 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 ofthe 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 ofthe official
commencement date as specified in the written order issued in accordance with GC7.01.02 of the
General Conditions.
12. LOCATION
There are two parts to the trail. Part A is from Toronto Road to Lakebreeze A venue along the
Lake Ontario Waterfront (approx. ] km). Part B is from Port of Newcastle Drive to
Rosemeadow Crescent (approx. 325 m).
13. TENDERERS TO INVESTIGATE
T enderers must satisf'y themselves by persona] examination of the site and by such other means
as they may prefer as to the actual conditions and requirements of the work.
The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works,
determine the location of any buried or obstructing services and make satisfactory arrangements
for interference with such service with the proper jurisdictional agency.
14. INQUIRIES DURING TENDERING
The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications
shall be directed to John Collver, a.A.L.A. ofTSH at 905-372-212], ex!. 235.
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INSTRUCTIONS TO TENDERERS
CONTRACTNO.CL2~9
4.
15. DEFINITION OF OWNER/AUTHORITY AND
ENGlNEER/CONTRACTADMINISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be
interpreted as meaning the "Corporation of the Municipality ofClarington".
Wherever the word "Ministry", "M.T.e." or "M.T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Cia ring ton".
Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may
be authorized by the Authority to act in any particular capacity.
16. ADDENDA
The Contractor shall ensure that all addenda issued during the tendering period are attached as
part of the submitted bid. Failure to do so will result in disqualification of the bid.
17. UTILITIES
Plans illustrating proposals for the relocation of utilities are available for inspection at the office
of the Contract Administrator.
For additional information regarding existing utilities the Contractor may contact the following
personnel:
Enbridge Consumers:
Gas
Ms. Donna Naulls
Tel: 416-758-7935
Bell Canada: Ms. Kim MacLellan
Tel: 905-443-3061
Veridian:
Mr. Peter Petriw
Tel: (888) 445-2881 ext 3252
Cable TV: Ms. Cindy Ward
Tel: 905-436-4138
18. TENDER OPENING MEETING
The tender opening meeting is scheduled to take place at 2:15:00 P.M. after the closing time and
date in Meeting Room No. I, Main Floor, 40 Temperance Street, Bowmanville, Ontario and
interested bidders are invited to attend.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-49
SPECIAL PROVISIONS - GENERAL
p:\42-80449Ispecs\PartsA&B\80449-spg _doc
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2006-49
CLAUSE
SUBJECT
PAGE
1. GUARANTEED MAINTENANCE .......................................................................1
2. CONTRACT TIME AND LIQUIDATED DAMAGES ...............................................1
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE........................................... 2
4. OPS GENERAL CONDITIONS ................................................ .......................... 2
5. LAYOUT BY CONTRACT ADMINISTRATOR...................................................... 3
6. PAYMENTS... ................... ..................... ....... ...... ...........................................3
7. UTILITIES ...................... ...................... ............. ........... ........ ........ ........ ........4
8. DUST CONTROL .................................. .................................. ........................4
9. TRAFFIC CONTROL, FLAGGING.....................................................................4
10. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS........................................ 5
11. MAINTENANCE OF TRAFFIC .......................................................................... 5
12. EMERGENCY AND MAINTENANCE MEASURES ................................................6
13. ENGINEERING FIELD OFFICE ........................................................................6
14. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ....................................6
15. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES.. 7
16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS).......... 8
17. SPILLS REPORTING ...................................................................................... 8
18. PROTECTION OF WATER QUALITy................................................................ 9
19. GARBAGE COLLECTION....... ........................ ............ ..... ............ ...... .......... ....9
20. ENTRY ONTO PRIVATE PROPERTy................................................................ 9
21. STORAGE AREAS .......................................................................................... 9
22. GENERAL LIABILITY INSURANCE ................................................................ 10
23. CONSTRUCTION LIEN ACT .......................................................................... 10
24. PROPERTY OWNER'S RELEASE OF PRIV A TEL Y OWNED LAND USED BY THE
CONTRACTOR ............... ......... ........................................... ......... ........... ............. 11
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
1. GUARANTEED MAINTENANCE
Section GC7.l5.02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be final as to the necessity for
repairs or for any work to be done under this Section.
2. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this contract.
For purposes of this Contract, GCl.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
GCl.06.
(2) Progress of the Work and Contract Time
The charging of working days shall commence on SeDtember 26. 2006 and the Contractor
shall diligently prosecute the work on this contract to completion on or before the expiration of
forty-five (45) working days from the date of commencement.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift basis,
it is expected that additional and/or augmented daylight shifts will be required throughout the
life of the contract to the extent deemed necessary by the Contractor to insure that the work
will be completed within the contract time specified. Any additional costs occasioned by
compliance with these provisions will be considered to be included in the prices bid for the
various items of work and no additional compensation will be allowed therefore.
Working days shall be charged until the date of completion of the work as set out in the
Certificate of Completion issued in accordance with GC8.02.03.06.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
2.
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(3) Working Day
Working Day as defined in GCl.04 is modified by the addition of the following under
Paragraph (a):
Except any day from inclusive, even though the Contractor may elect
to carry out any approved work as called for under this Contract during this period.
The Contract Administrator will furnish to the Contractor for his signature a weekly "Statement
of Record of Working Days". The Contractor will be allowed two weeks in which to file a
written protest setting forth in what respects the said weekly statement is incorrect, otherwise,
the statement shall be deemed to have been accepted by the Contractor as correct.
(4) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract
is not completed within the number of working days as set forth in the special provisions or as
extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will
be sustained by the Authority. Since it is and will be impracticable and extremely difficult to
ascertain and determine the actual loss or damage which the Authority will suffer in the event
of and by reason of such delay, the parties hereto agree that the Contractor will pay to the
Authority the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each
and every calendar day's delay in achieving completion of the work in excess of the number of
working days prescribed. It is agreed that this amount is an estimate of the actual loss or
damage to the Authority which will accrue during the period in excess of the prescribed
number of working days.
The Authority may deduct any amount under this paragraph from any moneys that may be due
or payable to the Contractor on any account whatsoever. The liquidated damages payable
under this paragraph are in addition to and without prejudice to any other remedy, action or
other alternative that may be available to the Authority.
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.01.09 is defined as an employee of the Contractor.
4. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
3.
5. LAYOUT BY CONTRACT ADMINISTRATOR
Section GC7.02. Layout, is hereby revised by the deletion of Parts 03),04),05), and 06), and by the
addition of the following:
The Contract Administrator shall lay out and establish the primary alignment and grade controls
necessary for construction. The Contractor shall provide the Contract Administrator with sufficient
advance notice of his requirements to permit appropriate scheduling of the layout work.
The layout performed by the Contract Administrator shall be sufficient to permit construction of the
work by the Contractor in compliance with the Contract Documents, but shall not relieve the
Contractor of his responsibility for the provision of qualified personnel and normal tools of the
trade, as necessary for the transfer or setting of the secondary lines and grades from the primary
controls provided. Tools of the trade are interpreted to include but not necessarily be limited to
hand and line levels, boning rods, tape measures, lasers, etc.
6. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the General Conditions.
Notwithstanding the provisions ofthe General Conditions respecting certification and payment, the
Authority may withhold 2-112 percent of the total value of work performed beyond the expiration of
46 days from the date of publication of the Certificate of Substantial Performance, to enable the
Contract Administrator to produce the final detailed statement of the value of all work done and
material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%,
the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise
the Certificate of Substantial Performance per GC8.02.03.04(03).
The Completion Payment Certificate to include statutory holdback release, will be issued within
120 days after the date for completion as specified under GCl.06. The date for interest due to late
payment shall commence following 180 days after the date of completion of the work.
As a condition of the final holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
The Contractor shall include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial Performance or
not.
The Contractor is advised that the Authority may withhold payment on Interim and Holdback
Release Certificates up to 30 calendar days from the date of receipt of the executed Payment
Certificates.
SPECIAL PROVISIONS. GENERAL
CONTRACT NO. CL2006-49
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4.
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7. UTILITIES
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Sections GC2.0l and GC7.l2 02) of the General Conditions are deleted in their entirety and are
replaced by the following;
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The Contractor shall be responsible for the protection of all utilities at the job site during the time
of construction.
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The Authority will be responsible for the relocation of utilities where required. However, no claims
will be considered which are based on delays or inconvenience resulting from the relocation not
being completed before the start of this Contract.
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The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact the
appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage.
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8. DUST CONTROL
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As a part of the work required under Section GC7.06 of the General Conditions, the Contractor
shall take such steps as may be required to prevent dust nuisance resulting from his operations
either within the right-of-way or elsewhere or by public traffic where it is the Contractor's
responsibility to maintain a roadway through the work.
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Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and
grinders of the wet type shall be used together with sufficient water to prevent the incidence of
dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the
area where the work is being carried out.
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The cost of all such preventative measures shall be borne by the Contractor except however where
water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the
Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and
calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable
levels, shall be paid for by the Authority at the contract prices for Application of Water or
Application of Calcium Chloride.
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Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in
OTM Book 7 (Ontario Traffic Manual).
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9. TRAFFIC CONTROL, FLAGGING
Each flagman shall, while controlling traffic, wear the following;
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(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
5.
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(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat.
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10. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
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In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the
supply, erection, maintenance and subsequent removal of all temporary traffic controls, including
signs, lights, barricades, delineators, cones, etc., required on the work.
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Traffic controls shall be provided in general accordance with the latest edition of the "OTM
Book 7". As a minimum requirement and without restricting the Contract Administrator or the
Authority in requiring further controls, the following signs shall be supplied:
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Sign Number
Sign Message
Nnmber
Reqnired
TCl
CONSTRUCTION
2
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Traffic controls shall be operational before work affecting traffic begins.
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11. MAINTENANCE OF TRAFFIC
The following traffic maintenance arrangements shall be in effect during work on this Contract.
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For work which is in the boulevard of a Region of Durham road a Traffic Management Plan is
required as part of the Road Occupancy Permit Application which the Contractor will be
responsible for.
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It is the intention of the Contract that every reasonable effort shall be made to provide vehicular
and pedestrian access to homes and other properties adjacent to the limits of work operations
throughout each working day. No road closures are anticipated as a result ofthe proposed works.
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It is understood that implementation of traffic controls will require ongoing review and adjustment
to suit construction operations.
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No deviation from the above procedure will be allowed except with the approval ofthe Engineer.
Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface
within the contract limits in a condition satisfactory to the Engineer and such that any emergency
vehicles may have immediate access to any building located within the limits of this Contract. The
Contractor shall be responsible for all signing at the contract limits and within the contract limits.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
6.
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The Contractor shall ensure the signing is properly maintained while in use. It shall be the
Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road
closures at least 24 hours in advance of such closures and to notify these same authorities when
such closures are no longer in effect.
12. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract Administrator
in case emergency or maintenance measures are required regardless whether the emergency or
requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause
whatsoever.
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.
13. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
14. 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 ofthe 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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
7.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 180-0,
OPSF 180-1, OPSF 180-3 and OPSF 180-5 for use where appropriate with respect to disposal of
excess material.
15. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES
In accordance with the requirements of Section 18a(l) 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
Snbstance
Acrylonitrile No
Arsenic No
Asbestos No
Benzene No
Coke Oven Emissions No
Ethylene Oxide No
Isocynates No
Lead No
Mercury No
Silica . No
Vinyl Chloride No
It is the responsibility of the Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy of this specification, where Designated Substances are identified
as being present at the site ofthe 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 York-Durham District at 230 Westney Road South, 5th Floor, Ajax
Ontario, Ll5 7J5, of the location(s) proposed for disposal of Designated Substances. A copy of the
notification shall be provided to the Contract Administrator a minimum of two weeks in advance of
work starting.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
8.
In the event that the Ministry of the Environment has concerns with any proposed disposal location,
further notification shall be provided until the Ministry of the Environment's concerns have been
addressed.
All costs associated with the removal and disposition of Designated Substances herein identified,
shall be deemed to be included in the appropriate tender items.
Should a Designated Substance not herein identified be encountered in the work, then management
of such substance shall be treated as Extra Work.
The requirements of Section GC4.03 of the General Conditions of the Contract shall apply.
16. 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.
17. 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
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 ofthe 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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
9.
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18. PROTECTION OF WATER QUALITY
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At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter the lake.
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No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from
the watercourse. Where this measure is not sufficient or feasible to control sediment entering the
watercourses, sedimentation traps or geotextile coverage will be required.
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If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
No machinery shall enter the creek bed of any watercourse. Movement of construction equipment
in the vicinity of any watercourse shall be limited to the minimum required for construction.
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The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
19. GARBAGE COLLECTION
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The Contractor will be responsible for ensuring that garbage collection, including recyclables, is
maintained and when necessary, the Contractor shall make arrangements directly with the
collecting agency, to permit and coordinate pick-up.
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20. ENTRY ONTO PRIVATE PROPERTY
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The Contractor shall not enter private property or property which is to be acquired to construct the
works without the prior consent of the Contract Administrator. This requirement will be strictly
enforced.
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21. STORAGE AREAS
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Clause GC3.06.0l of the General Conditions of Contract is amended by the addition of the
following:
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The use of the road right-of-way as a long term storage area is not allowed under this Contract. The
storage of materials and movement of equipment will only be allowed for normally accepted
construction practices.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
10.
22. GENERAL LIABILITY INSURANCE
The Regional Municipality of Durham, shall be added as an additional insured.
23. CONSTRUCTION LIEN ACT
The Contractor shall give the Authority notice in writing, immediately, of all lien claims or
potential lien claims coming to the knowledge of the Contractor or his agents.
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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-49
II.
24. PROPERTY OWNER'S RELEASE OF PRIV ATEL Y OWNED LAND USED BY THE
CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of
a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works stipulated
in the Contract:
Date .......................
To: Mr. A.S. Cannella, Director, Engineering Services
Corporation of the Municipality ofClarington
Municipal Administration Centre, 40 Temperance Street
BOWMANVILLE, Ontario. LlC 3A6
Re: Contract No. CL2006-49
Dear Sir:
I hereby certify that
(Name 0 f 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 Clarincton 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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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-49
SPECIAL PROVISIONS - TENDER ITEMS
P/42-80449/SpecsIPartsA&BI80449-SP- TI.doc
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
ORDER OF PRECEDENCE
Where a Specification or Standard exists in the Municipality of Clarington "Design Guidelines and
Standard Drawings' for any element of the works, the Municipality of C1arington Specification or
Standard shall take precedent over the contract "Special Provisions - Tender Items' or the "Ontario
Provincial Standards'.
SECTION A - SITE WORKS:
SITE PREPARATION - ITEM NO.1 (PARTS A and B)
Under this Item the Contractor shall undertake the following work as shown on the Contract Drawings:
. Clearing and grubbing of existing vegetation to be removed
. Removal of excess earth excavation, organic materials from the screening process and waste from
the clearing and grubbing operations
The Contractor shall also remove all obstacles of the nature of fences, culverts, rubble, timber etc., not
specifically provided for under items of this Tender. All material resulting from removals shall be
disposed of off the site.
The Contractor shall ensure that no tree or vegetation removal occurs beyond the limits shown on the
Contract Drawings. All other trees and vegetation shall be preserved and the Contractor shall be
required to obtain prior specific permission from !be Contract Administrator for the removal/cutting of
any tree or branches not so designated. Trees and vegetation, which are authorized by the Contract
Administrator to be cut with stumps ground down, shall be removed from the site. Burying or burning
of brush or wood shall not be permitted.
When not in use the construction equipment shall not be stored on private lands beyond the limits of the
construction or where it may be of annoyance to the public. It should be stored in a safe location at the
work site. The Contractor shall also be responsible for protecting all utilities, fences and private
property at the job site during !be time of construction. Equipment shall not pass over or be stored
within the dip line at any vegetation to be retained.
Contractor to reference Clause 14 of the Special Provisions - General regarding the requirements for the
management and disposal of excess materials.
Promptly notify engineer if subsurface conditions at Place of Work differ materially from those indicated
in Contract Documents, or a reasonable assumption of probable conditions based thereon.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
2
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EARTH EXCAVATION (GRADING) - ITEM NO.2 (pARTS A and B)
These Items shall include all rough grading, excavation, fill, disposal of unsuitable excavated material,
and stockpiling of stripped topsoil within the site except as specifically provided for elsewhere in the
Contract and as specified below:
Quantity Breakdown:
Part A:
. Excavation - 1,680 m'
. Fill - 670 m'
Part B:
. Excavation
. Fill
. Topsoil stripping
380m'
108m'
235 m'
Before commencing work, conduct, with Contract Administrator, condition survey of existing structures,
trees and other plants, lawns, fencing, service poles, wires, paving, survey bench marks and monuments
which may be affected by work.
Earth quantities shall be used for fill within the perimeter of the site and under walkways. Should there
be excess earth fill and! or topsoil after the aforementioned areas are completed, it may be used in
external area and berms along with quantities of stripped material as necessary.
Verify existing grades prior to excavation works and report any discrepancies to the Contract
Administrator at that time. No allowance for additional quantities will be considered after excavation
has commenced.
Remove construction debris, organic soil and standing water from spaces to be filled as depicted on the
Contract Drawings. Do not begin backfilling or filling operations until material has been approved for
use by Contract Administrator.
Not later than 48 hours before backfilling or filling with approved material, notify Contract
Administrator so that compaction tests can be carried out.
Excavate as required to carry out work. Do not disturb soil or rock below bearing surfaces. Notify
Contract Administrator when rough grading is complete. Excavation taken below depths shown without
Contract Administrator's written authorization to be filled with compacted Granular 'B' - Type I
material at Contractor's expense.
Place backfill, fill and base course material so that each layer of uncompacted material produces a
200 mm thick compacted layer.
Compact each layer of material to following densities for material to the following corrected maximum
dry densities:
. Sub-grade: 95 %.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
3
. Granular Base courses: 98 % .
. Topsoil: 85%.
. Earth Fill: 95%.
Under slabs and paving:
. Sub-grade: 95 %
. Granular Base course: 100%
Grade so that water will drain away from structures, walls and paved areas, to catch basins and other
disposal areas approved by the Contract Administrator. Grade to be gradual between finished spot
elevations shown on drawings.
Excavated or graded material existing on site shall be used as fill for grading work except where
specifically noted otherwise.
Rough grade to levels, profiles, and contours allowing for surface treatment as indicated in contract
documents. Dispose of excess material in accordance with the requirements of the SP-General, Clause
14.
Grade ditches to depth required as indicated on the drawings.
Do not disturb soil within dripline of trees to remain.
Grade surface free of humps and hollows to smooth, even grade, to contours and elevations indicated to
tolerance of plus or minus 15 mm, surface draining naturally.
SILT FENCE - ITEM NO. 3 (pARTS A and B)
For the unit price bid, the Contractor shall supply, install, maintain and remove silt fence in locations as
shown on the Contract Drawings and as directed by the Contract Administrator throughout the project
limits. The light duty silt fence is to be constructed prior to commencement of the contract as per OPSD
219.110.
SECTION B - SITE SERVICES
STORM SEWER - ITEM NO.4 (pART B)
Under these Items and for the unit prices bid, the Contractor shall supply all materials including pipe of
the required type, size and class, other fittings, and crusher run limestone embedment for flexible pipe.
Backfill shall be native earth material. Also included is the excavation (OPSD 802.010), embedment,
cover and native earth backfill.
Pipe for Item 4 shall be HDPE BOSS 200mm diameter complete with rodent grate. The pipe shall be
annular perforated with geotextile sock filter.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
4
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LAWN DRAINS - ITEM NO.5 (pART B)
The unit price bid under this item shall include for the supply and installation of 300mm Nyloplast-ADS
drain with 300mm lock down hinged gate by Advanced Drainage Systems Inc. (ADS), 1-800-821-6710.
SECTION C - SITE FEATURES
SUPPLY AND INSTALLATION OF BENCHES - ITEM NO.4 (pART A)
The unit price for this Item shall include the supply and installation of the benches and concrete footings
in accordance with the Contract Drawings and specified herein.
Benches shall be Model Number 13 I Series PL by Dumor Site Furnishings (contact ABC Recreation
1-800-267-5753); colour of recycled plastic components to be "Redwood"; colour of steel components to
be "Hunter Green".
Payment shall be made under these items for the supply and installation of all site furniture as indicated
on the Contract Drawings and as per manufacturer's specifications. Contractor shall ensure that site
furniture is installed plumb and level.
SUPPLY AND INSTALLATION OF TRASH RECEPTACLES - ITEM NO.5 (pART A)
Model No. 85-22 PL as supplied by Dumor Site Furnishings (contact ABC Recreation 1-800-267-5753);
colour of recycled plastic components to be "Redwood"; colour of steel components to be "Hunter
Green" .
Note: Contractor to supply galvanized lag shields for anchoring as required. Install on concrete pad and
as per manufacturer's specifications.
SUPPLY AND INSTALLATION OF PERGOLA - ITEM NO.6 (PART A)
Under this item and for the Lump Sum bid the Contractor shall construct a pergola in accordance with
the Contract Drawings, specifications and as directed by the Contract Administrator.
The Contractor shall stake out the location of all posts necessary to construct pergola. Contract
Administrator shall inspect and approve post locations prior to construction.
All wood shall be untreated No.1 grade Cedar, free of checks, splits, wanes or knots.
All wood shall receive three coats of stain, colour to be determined.
GRANULAR 'A' - ITEMS NO.7 and 8 (pART A), NO.6 (pART B)
Payment shall be made under this Item for the supply, placing and compaction of Granular' A' for the
following areas:
. 200mm under HL3F asphalt pathways
. 200mm under areas of coloured, impressed asphalt
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
5
All excavation and grading work of sub-grade must be completed to the satisfaction of the contract
administrator before any granular materials for sub-base course are placed. The Contract Administrator
shall inspect and approve final grades of granular areas prior to fmal course material being placed.
HOT MIX HL-3F - ITEM NO.9 (pART A), NO.7 (PART B)
Under this item the contractor shall construct asphalt pathways as illustrated on the Contract Drawings
and as required by the Contract Administrator. Granular 'A' for asphalt pathways shall be paid for
under Item No.7 (Part A) and Item No.6 (Part B).
The Contractor shall supply all materials required for the proper execution of the paving work for 50mm
HL3 F. The requirements of 0 PSS 310 respecting a surface course trial area and the use of automatic
screed controls are not applicable to the Contract. Asphalt cement supplied shall be comprised of PGAC
58-28 as a minimum. The Marshall Stability for HL3F shall be a minimum of 5800.
Section 310.10.02 of OPSS 310, Hot Mix Miscellaneous, is hereby deleted, in that all costs associated
with the supply and placing of miscellaneous asphalt, whether by hand or by machine, shall be included
for payment under this Item.
ASPHALT PAVING COLOURING AND TEXTURING - ITEM NO. 10 (pART A)
Under this item the contractor shall construct feature asphalt areas including application of colour and
texture treatment as illustrated on the Contract Drawings and as required by the Contract Administrator.
Installation shall be as per manufacturers' (Streetprint, 1-80Q-688-5652) specifications:
MateriaIs
.1 "StreetBond SP1SOE Coating Material" refers to a high performance premium coating
material consisting of epoxy modified acrylic polymers blended with sand and aggregate, and
specially formulated by Integrated Paving Concepts, Inc. (Tel. 80Q-688-5652), for application
on asphalt surfaces, to provide a durable, long lasting color and texture to the asphalt surface.
.2 "StreetBond Colorant" is a highly concentrated, high quality, UV stable pigment blend
designed to be added to StreetBond SP150E coating system to provide color to the coating. The
colors to be used shall be shown on the drawings. The same StreetBond Colorant shall be used
in each SPI50E coating layer applied to the asphalt surface. One pint of colorant shall be used
with one pail of StreetBond coating material.
Equipment
.1 Templates shall be manufactured from flexible, woven wire rope cut and welded into the
patterns, as detailed on the drawings, and used for imprinting Hot Mix Asphalt.
.2 Reciprocating Infra-Red Heater is equipment specifically designed to apply heat to the asphalt
surface to make the upper portion of the asphalt surface pliable enough to accept the imprint of
the template. The heating equipment used shall allow continuous monitoring of the surface
temperature to ensure the asphalt does not over heat and burn. Equipment that is specifically
excluded from this section and shall not be used for reheating of the asphalt is any form of
direct flame heaters.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
6
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.3 Vibratory Plate Compactor - shall be used for pressing the wire templates into the heated
asphalt to create the specified pattern.
.4 Spray Equipment - shall be capable applying the coating material to the asphalt surface in a
controlled thin film.
Preparation
.1 Hot Mix Asphalt Concrete Paving (lIMA) shall be as per Item no. 8 (Part a), no. 7 (Part B)
including gradation and compaction requirements. The HMA shall be fully compacted prior to
imprinting of the templates.
.2 Heating and Imprinting of Asphalt and Application of Coating The Contractor shall follow
the latest StreetPrint Application Procedures as issued by Integrated Paving Concepts Inc.
.3 Surface Preparation Prior to Coating The asphalt surface shall be free of dirt, debris, oil or
anything that will adversely affect the adhesion of the new coating system. All loose material
on the asphalt surface shall be removed by mechanical brooming, or blowing clean using a
backpack blower or compressed air. Any difficult to remove dirt shall be removed using a
Pressure Washer. Prior to applying the coatings, the asphalt surface shall be completely dry.
Construction
.1 Layout and Imprinting Layout and imprinting of the pattern into the surface of the HMA shall
be as per the drawings.
.2 Heating of Asphalt The upper portion of the asphalt surface shall be heated using
reciprocating infra red re-heating equipment to make the upper portion of the asphalt surface
pliable enough to accept the imprint of the template. Overheating of the asphalt shall not be
permitted. Direct flame heaters shall not be allowed for the purpose of heating the asphalt.
Hot air portable heaters may only be used for heating isolated areas. The temperature of the
asphalt surface shall be regularly monitored during the reheating process. The asphalt
pavement shall be adequately heat soaked (softened) to a depth of at least Ih inch, without
burning the asphalt. The asphalt surface temperature shall not exceed 300"F. If during the re-
heating process the surface is overheated and begins to emit black smoke, the contractor shall
stop work immediately. The damaged surface area shall be removed by milling the upper I"
and replaced by a partial depth patch with the topmost layer matching the existing surface layer
mix and binder. Patching and all work associated with the repair effort shall be at no cost to
the Owner.
.3 Surface Imprinting Templates shall be pressed fully into the heated asphalt surface using
vibratory plate compactors.
.4 Coating Installation The StreetBond HW Surfacing System shall be installed by applying at
least four thin layers of StreetBond SPI50E coating material to the asphalt surface. Each
application of coating material shall be allowed to dry completely before applying the next
layer. The color of the coating system shall be as per the drawings. Each layer of the coating
system shall consist of the same color. The coating application shall be spray applied and
broomed to work the material into the asphalt surface. Subsequent applications shall be
sprayed and rolled, using a I" to I\->" nap roller or sprayed and broomed. The contractor
shall use StreetPrint recommended spray equipment. Total coverage area of combined coating
materials shall not be more than 150 square feet per pail of StreetBond SPI50E coating.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
7
The Contractor shall apply the StreetBond HW Surfacing System only when the air temperature
is at least 500F and rising, and will not drop below 500F within 8 hours of application of the
coating material. There should be no precipitation expected within 2 hours after applying the
final layer of StreetBond SPI50E.
SECTION D - TOPSOIL SPREADING, SODDING AND SEEDING
TOPSOIL (STOCKPILED) & FINE GRADING - ITEMS NO. 11, 12 &13 (pART A), 8,9&10
(PART B)
Under this item and for the unit price bid the Contractor shall shred and screen, fertilize, augment,
install and fine grade the stockpiled topsoil in accordance with the Contract Drawings and as specified
herein.
Topsoil to be screened and shredded shall have all organic material and all granular material greater than
25 mm diameter removed.
All topsoil shall be placed in uniform layers, and compacted to 85 % SPMDD on all areas to be seeded,
sodded and planted. Fine grading and trimming shall be performed to provide a smooth surface. Depth
shall be as indicated on Contract Drawings.
Establish traffic patterns and schedule to prevent driving on topsoil after it is spread to avoid over-
compaction. Over-compaction will result in further works being initiated by the Contract Administrator
to re-aerate the soil, at the Contractor's expense.
The Contract price for topsoil shall constitute full compensation for shredding of the soil, delivery,
preparation of surfaces for placing, compacting, loading, hauling, spreading and fine grading the
material required. Topsoil required to make good areas disturbed by the Contractor's operation outside
the limits shown on the Drawings shall be done at Contractor's expense.
Contractor shall grade sub-grade, eliminating uneven areas and low spots, ensuring positive drainage.
Remove debris, roots, branches, stones in excess of 25 nun diameter and other deleterious materials.
Remove topsoil that has been contaminated with oil, gasoline, or calcium chloride. Dispose of removed
materials as directed.
The sub-grade shall be approved by the Contract Administrator prior to spreading of topsoil.
All topsoil shall be spread and fmely graded with a landscaping dozer to ensure that topsoil is not
compacted greater than that specified. Spread topsoil in dry weather over a dry, unfrozen sub-grade.
Ensure that ditches and swales are properly graded with adequate percentage fall to maintain the
specified drainage.
Fine grade the topsoil surface to eliminate rough and low areas and so as to ensure positive surface
drainage, using equipment capable of maintaining straight, even lines, such as a motor grader. Fine
grade surface of topsoil to a smooth, even, loose-textured surface, firm against footprints, suitable for
sodding and seeding.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
8
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Roll topsoil with 59kg roller, minimum 900 mm wide, to compact and retain surface.
When replacing topsoil, trucks will be loaded with 1.5 cu m hoe to allow for aeration of soil.
Subsequent to placement of the sports fields and perimeter areas, topsoil quantities will be augmented by
fertilizer applications as follows:
Prior to the loosening process, add TSP 0-46-0 fertilizer at a rate of 6OOkg/ha and a Muriate of Potash 0-
0-60 fertilizer at a rate of 16Okg/ha. Fertilizer shall not include filler material. This fertilized topsoil is
not for use in the tree and shrub plantings.
Prior to seeding and sodding, loosen soil to a depth of 20cm with a heavy duty rototiller or deep tillage
machine. After this loosening operation, ensure only light equipment on a tractor with turf tires should
be used for final shaping of the surface and seeding or sodding.
Measurement for payment will be by the square metre of topsoil installed. Compacted topsoil depth
shall be minimum 300 mm.
Payment shall be full compensation for all equipment, labour and materials required to do the work.
SUPPLY AND INSTALLATION OF SOD - ITEM NO. 11 (pART B)
Under this Item, the Contractor shall supply and install sod in accordance with the Contract Drawings
and as specified herein.
Disturbed areas are to be kept to a minimum. All disturbed areas are to be reinstated with 300mm topsoil
and sod, to be paid for under this Item unless covered elsewhere in the Contract.
Sodding shall not commence until topsoil is approved by the Contract Administrator. Sod shall be
Number One Turfgrass Nursery Sod especially sown and cultivated in nursery fields as turfgrass crop.
Number One Kentucky Bluegrass Sod containing 100% Kentucky Bluegrass cultivars by weight. Use
sod harvested as "big" rolls, 42"Sod selected should be of a similar soil texture to the native soil (silt
loam). Sod farm to confirm soil compatibility prior to execution. Schedule deliveries in order to keep
storage at job site to minimum without causing delays.
Sod shall be protected during transportation to prevent drying out and shall arrive at the site in a fresh
and healthy condition. Deliver, unload, and store sod on pallets. Lay sod within 24 hours of heing lifted.
Do not deliver small, irregular, or broken pieces of sod. Sod is to be laid in a continuous fashion. No
isolated areas of sod, which are to be integrated with main portion of sod will be accepted.
During wet weather, allow sod to dry sufficiently to prevent tearing during lifting and handling. During
dry weather, protect sod from drying out and water sod as necessary to ensure its vitality and prevent
dropping of sod in handling. Dry sod will be rejected.
Cultivate areas to be sodded to a depth of 25mm. Fine grade free of humps and hollows and free of
deleterious and refuse material.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
9
Lay sod in rows, perpendicular to slope, smooth, and even with adjoining areas, and with joints
staggered. Butt sections closely without overlapping gaps between sections. Cut out irregular or thin
sections with a sharp knife. Provide close contact between sod and soil by means of light roller. Heavy
rolling to correct irregularities in grade is not permitted.
Water immediately after sod laying to obtain moisture penetration through sod into top lOOmm of
topsoil.
One month after installation, the sod shall be green and succulent and show evidence of rooting into the
underlying soil. Any area of sod which fails to meet these requirements shall be replaced by the
Contractor. Any area of sod which appears to be brown and not rooted must be replaced by the
Contractor immediately. The Contractor will not be held responsible for the condition of sod if damage
occurs beyond normal use.
A professional landscaper with membership in Landscape Ontario acceptable to the Contract
Administrator shall be required to place seed and fertilizer and be responsible for all maintenance as
required during the guarantee period.
The unit price for sodding shall constitute full compensation for supplying, hauling and placing sod;
watering and fertilizer application as specified; and for all labour , equipment and materials necessary to
complete the work. The unit price will include the initial two mowings of the grass.
SUPPLY AND INSTALLATION OF SEED - ITEMS NO. 14 & 15 (PART A)
Under this Item and for the unit price bid, the Contractor shall supply the labour, materials and
equipment to complete the seeding as shown on the Contract Drawings and specified herein. Seeding
shall only be applied during mid-August to September time period. Seeding after October I should be
delayed until the following spring.
A professionailandscaper with membership in Landscape Ontario acceptable to the Contract
Administrator shall be required to place seed and fertilizer and be responsible for all maintenance as
reqnired during the guarantee period.
The location for the area to be seeded is indicated on the drawings and specified as follows:
Canada "Certified" Prill-on coated seed, "Canada No. I Lawn Grass Mixture" in accordance with
Government of Canada "Seeds Act" and "Seeds Regulations" containing the following seed mix design.
Grass Seed Mixture (named varieties for Kentucky Blue Grass)
20 % Kentucky Bluegrass
15% Perennial Ryegrass, high in endophyte value, equivalent to Player, Topgun, Palmer III
25 % Hard Fescue, equivalent to Spartan
40% Creeping Red Fescue
Naturalized Seed
NaturePro Low Mix. Low Growing Native Grass Mixture at a uniform rate of 25 kglhectare:
Broom Sedge
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-49
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Side Oatgrama
Little Bluestem
Sanddrop
Slender Wheatgrass
As supplied by Pickseed, www.pickseed.com
Or approved equal.
Mechanically seed with a cultipacker. Sow half of required amount of seed in one direction and
remainder at a 45 degree angle.
For Naturalized Seed areas, apply Straw Mulch with a straw mulch blower immediately
following seeding.
Water seeded areas thoroughly within 24 hours of planting. Soil surface should be kept damp at
all times until the seedlings are fully emerged.
Perform following operations from time of seed application until acceptance by Contract
Administrator:
I. Water seeded areas to maintain optimum soil moisture level for germination and continued
growth of grass. Control watering to prevent washouts and repair washouts caused by rain
or watering.
2. Repair and reseed dead or bare spots to allow establishment of seed prior to acceptance.
3. Cut Grass Seed to 50mm whenever it reaches height of70mm. Remove any clippings
which may smother grass as directed by Contract Administrator. Naturalized Seed areas
are not to be mowed.
4. Fertilize seeded areas after first cutting as necessary based on recommendations in the soil
test report. Spread half of required amount of fertilizer in one direction and remainder at
right angles and water in well.
5. Control weeds by mechanical or chemical means utilizing acceptable integrated pest
management practices and in accordance with local restrictions.
The unit prices for seeding shall constitute full compensation for supplying and placing; watering
and fertilizer application as specified; and for all labour, equipment and materials necessary to
complete the work. The unit price for Naturalized Seed shall also include Straw Mulch. The unit
price for Seed will include initial two mowings. Naturalized Seed areas shall not be mowed.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2oo6-49
DESIGN GUIDELINES AND STANDARD DRAWINGS
SECTION 900
INSPECTIONI CONSTRUCTION
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SECTION 900 INSPECTION, MATERIALS AND CONSTRUCTION-36
1.0 GENERAL
1-01 These guidelines are to be used in conjunction with the conditions set out in the
Subdivision Agreement, in particular Schedule "I"-Duties of Owner's Engineer and
Schedule "L "-Regulations for Construction.
1.02 The Owner's Consulting Engineer shall provide full-time inspection and supervision of
all Works.
1-03 The Consulting Engineer shall take extensive preconstruction photos of surrounding
lands, and shall provide dated/described copies of such photographs to the Municipality.
1-04 Construction sites are to be maintained to prevent unnecessary ponding of water.
1.05 Prior to requesting the inspections (or re-inspections) from the Municipality, the
Consulting Engineer shall verifY the proper completion of the Works, and submit a
written request.
1-06 All equipment, materials and methods involved in trench. backfill, filling, granulars,
concrete and asphalt shall be monitored and Certified as acceptable by the owner's
Geotechnical Engineer (see attached form). Unless noted otherwise, the term "compacted"
shall mean 95% Standard Proctor or higher (native materials) and 98% Standard Proctor or
higher (granular materials). Such certification shall be in a form acceptable to the Director
and shall include all supporting documentation and test results. Mix designs for concrete
and asphalt shall be obtained and approved by the Geotechnical Engineer. The
Geotechnical Engineer shall ensure that the type, frequency, location and results of all tests
is sufficient to ensure certification. Furthermore, the Geotechnical Engineer shall ensure all
results for a given stage of construction are acceptable prior to commencing the next stage
of construction.
2.0 STORM SEWERS
2. OJ All materials shall be visually inspected by th.e Consulting Engineer upon delivery, to
ensure conformity with specifications and the approved engineering drawings, and to
ensure any damaged/substandard material is marked and removed from the site
immediately.
2.02 Installation of storm sewers shall be continually monitored for adherence to proper
bedding, pipe laying, backfilling and compaction procedures. All storm sewers,
catchbasins and manholes shall be constructed true to line and grade. Street catchbasins
are to be installed in precise alignment with curb lines, and no tolerances will be
permitted. Rear yard catchbasins sh.all be accurately surveyed and verified by the
Consulting Engineer for correct location prior to the issuance of a Certificate of
Completion. The precast tops of manholes and catchbasins shall be checked for excess
brickwork prior to roadbuilding.
INSPECTION, MATERIALS AND CONSTRUCTION-37
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2.03 Trench widths shall be kept at a minimum, while providing proper widths to enable
mechanical compaction. AIl trenching must adhere to Minislly of Labour requirements.
2.04 Manholes are to be backfiIled with compacted sand, extending min. 1.0 m from the
outside face of the structure. (Catchbasins min. 300mm from the face ofthe structure).
2.05 House connections shall extend 1.5 m into the lots and be plugged with approved
removable plugs. Bedding shall be as per approved standard drawing. Tees shall be pre-
manufactured for pipes 450mm diameter and smaIler, cored (on site) if 525mm diameter
or larger, and shall be secure and watertight. The invert of all tees shall be located above
the springline of the sewer main and shall be a minimum of 600mm from the nearest
adjacent tee or joint, unless approved otherwise.
2.06 Concrete pipes intolout of manholes shaIl be concrete cradled precisely to the first joint.
2.07 All storm sewers, including street and rear yard catchbasin leads (and individual service
laterals where directed), shaIl be inspected using approved high quality video recording
equipment and procedures. The inspection shall be carried out in a manner acceptable to
the Municipality and all video tapes shall be submitted to the Municipality for review and
permanent storage. Video re-inspections may also be requested.
2.08 Infiltration shall not be permitted into the storm sewer system. AIl leaks shall be
investigated to detennine their source and shall be corrected to the satisfaction of the
Municipality.
2.09 Pipes which have failed in any manner, including cracking (0.3mm design loading cracks
excepted), exposed reinforcing or other defects, shall be removed and replaced to the
satisfaction of the Director. No repairs shall be undertaken without the consent and the
direct supervision of the Municipality.
3.0 BACKFILLING, GRADING AND GRANULAR ROAD BASE
3.01 Backfill containing organic or frozen material, or excessively moist material which
cannot support conventional compaction equipment, shall be deemed unsuitable and shall
not be used. The initial lift of native backfill shall not exceed 1.0 m in depth above the
compacted sand cover over the storm sewer and each additional lift shall be placed in
layers not exceeding 300mm loose measurement (unless pre-authorized by the
Geotechnical Engineer). Each lift shall be compacted until it has achieved the specified
density before any additional lifts are placed.
3.02 Backfilling operations shall follow pipe installation as closely as possible and be limited
to 75 metres of open trench maximum.
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INSPECTION, MATERIALS AND CONSTRUCTION-38
3.03 The Geotechnical Engineer shall docwnent all tests, including failures and retests, in
sequential order, continuously throughout the project. A copy of all test results shall be
kept at the site trailer, in addition to providing daily plotting of all test results on the plan
and profile drawings.
3.04 The Consulting Engineer shall ensure that the subgrade is fine graded to the correct
width, and that the minimwn 3% crossfall is consistently maintained, with no
longitudinal ruts permitted. The Geotechnical Engineer shall employ appropriate testing
measures to assess the snitability of the subgrade, including proof-rolling, and shall make
appropriate recommendations to the Consulting Engineer and Municipality. Whenever
possible, localized soft areas in the subgrade shall be replaced with suitable native
material, not granular material. When additional granulars must be used, they should be
considered on a street by street basis. Subdrains must then be lowered accordingly, and
10: I frost tapers must be provided.
3.05 Subdrains shall be installed only after the subgrade has been proof-rolled and the road
structure has been finalized. Subdrains shall be installed true to line and grade, in a
trench condition, and shall be backfilled with approved granular material having
aggregates not exceeding 19mm. All subdrains shall be supplied with a filter sock.
3.06 The Geotechnical Engineer shall confirm (in a form acceptable to the Municipality) the
acceptability of each stage of roadbuilding prior to subsequent stages commencing.
Subsequent stages of road construction shall not proceed without approval from
Municipal staff.
3.07 After base curbs are installed, all Granular B must be regraded and verified by Municipal
staff prior to placing Granular A. (Any Granular A placed prior to base curbs shall be
considered Granular B).
3.08 Granular material shall be tested in accordance with the latest O.P.S.S. specifications.
Material shall be tested at the pit and also as it arrives on site. Material not conforming to
the specifications shall be rejected and removed from site.
4.0 CONCRETE WORKS
4.01 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be
monitored and all applicable tests (compressive strength, slwnp, air entrainment, etc.)
shall be carried out by the Geotechnical Engineer as specified in accordance with the
applicable OPSS and ASTM specifications. Any material not meeting specifications
shall be rejected immediately.
4.02 All concrete to be placed as per the Municipality's Standard Drawings. Contraction joints
shall be in accordance with the Municipality's standard drawings and shall be completed
as early as practical and before any initial cracking occurs. Large cracks or several
INSPECTION, MATERIALS AND CONSTRUCTION-39
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smaller cracks between contraction joints in cUIbs will require removal and replacement
of that section of cUIb. Sidewalks with distinct cracks will also require replacement.
4.03 Curing compound shall be generously applied to all exposed concrete surfaces, regardless
of ambient temperatures or season, between I and 2 hours of finishing.
4.04 All curbs to be placed using approved curb machines. Excess concrete formed during
curb machine placement shall be promptly trimmed and removed prior to setting. The
minimum length of cUIb to be removed and replaced shall be 1.5 m. No concrete patch
repairs shall be permitted.
4.05 Prior to placement of top curb, base curb shall be cleaned and then inspected by
Municipal staff. Base curb and stirrups shall be repaired and/or replaced as directed.
4.06 The depth of top curb at the edge of pavement shall not be less than lOOrmn and shall be
continually verified by the Consulting Engineer.
4.07 Immediately prior to the placement of top curb or sidewalk, the existing surface shall be
dampened with water to prevent leaching of moisture from the fresh concrete.
4.08 Driveways to be as per approved house siting plans, with minimum widths of 4.6m for
single detached homes.
5.0 ASPHALT PAVEMENT
5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in
accordance with OPSS 310, 1003 and 1150 (latest revisions thereof).
Marshall/extraction/density tests shall be carried out by the Geotechnical Engineer in
accordance with OPSS and relating to the approved mix design. Note: Provincial and
Municipal projects differ with respect to contract administration, paving project sizes,
Quality Control/Quality Assurance procedures and testing frequencies. As such, several
OPSS specifications are not appropriate for Municipal use and shall not apply, as
determined in the sole discretion ofthe Director.
Since current testing methods do not enable ongoing monitoring (and therefore corrective
action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure,
through their own Quality Control methods, that their product meets the basic standards
with no exceptions for 'borderline' test results permitted. Any reference to 'borderline'
or to taking 'immediate corrective action' based on notification of laboratory test results
shall be deleted and the product deemed unacceptable. Ie. OPSS D310.08.04.02 which
permits air voids beyond acceptable limits, provided the contractor takes 'immediate
corrective action' shall not apply. Unacceptable work shall be immediately removed.
Financial compensation using MTO formulas (to offset service life reduction in
borderline work) may be considered, at the sole discretion of the Director, provided such
amount is calculated by the Consulting Engineer, and all parties are in agreement.
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INSPECTION, MATERIALS AND CONSTRUCTION-40
5.02 Prior to placing surface asphalt, base asphalt shall be swept clean of all dirt, debris and
dust. Areas of base asphalt shall be removed and replaced as directed, using a vertical
sawcut at all perimeters. The use of a Geo-Grid or approved equivalent may also be
directed by the Municipality. Low areas shall be padded to ensure a surface mat of
uniform thickness.
5.03 Each manhole is to be precisely raised to final grade, and verified by the Developer's
Consulting Engineer and Municipal staff.
5.04 Tack coat shall be applied just prior to surface paving operations and shall be allowed to
dry until it is in a proper condition of tackiness. The length of roadway prepared shall be
limited to the immediate paving section, to reduce tracking. it shall be evenly applied at
the rate of 0.4 litreslsq. m taking care not to spray curbs, sidewalks or any other adjacent
surfaces.
5.05 Driveway paving shall be fully inspected and verified for depths of stone and asphalt, and
the compaction thereof, and ensuring that asphalt is at a sufficient temperature for
placement. HL3A (HUF) will not be permitted, except in special cases with the
approval of the Director. Crowning or rounding of the limestone will not be permitted.
Materials testing may be required for driveway apron gravel and asphalt, as directed.
6.0 TOPSOIL, SODDING AND SEEDING
6.01 All areas requiring sod shall first be fine graded, inspected by the Consulting Engineer,
then prepared with lOOmm of good quality topsoiL Topsoil and sodding shall meet the
requirements of OPSS 570 and 571, in addition to meeting any additional requirements
set out in these specifications. Boulevards shall have 2% positive drainage toward the
curb and shall be fully sodded, except in areas covered by driveway aprons or sidewalk.
6.02 All topsoil shall be free from native till or clay, roots, vegetation, weeds or debris, stones
and clods over 50mm in diameter. Imported topsoil, ifrequired, shall be fertile, loamy,
screened material of a quality acceptable to the Director (containing approximately 4%
organic matter for clay loams and 2% minimum organic matter for sandy loams with
acidity range of 6.0 PH). Topsoil infested by the seeds of noxious weeds will not be
acceptable.
6.03 All sod shall meet the requirements of Ontario Sod Grower's Association No. I Bluegrass
Fescue Nursery sod. The sod shall be taken from good loamy soil and shall be healthy,
well permeated with roots, have uniform texture and appearance and be free from weeds.
Sod must be laid within thirty-six (36) hours of being cuI. Care must be taken during its
transportation and placement to prevent any drying oul. Sod shall match flush with all
adjacent surfaces and shall have no open gaps, overlapping edges or uneven joints.
Where adjacent or fronting lands have already been sodded, care must be taken to ensure
INSPECTION, MATERIALS AND CONSTRUCTION-41
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drainage is maintained and a smooth transition is achieved. On slopes 3:1 and steeper,
sod shall be staked as required.
6.04 Laid sod shall be immediately rolled to produce an even surface and watering shall
commence immediately thereafter and shall continue on a regular basis until healthy roots
are well established and permanent. If sod fails to establish immediately, it shall be
removed and replaced. No attempt shall be made to try to re-establish weak/dead sod
through continual watering, unless specific permission is granted by the Director. The
entire work shall be done in a thoroughly workmanlike manner with an even surface, and
professional in appearance. Any sod deemed unfit by the Director shall be immediately
removed from site and replaced. In this regard, it is in the best interest of the contractor
to communicate with residents regarding the needs of newly laid sod over the first year.
6.05 Where approved by the Municipality, hydraulic seeding and mulching may be performed
provided that it conforms to the Ontario Provincial Standard Specification No. 512.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-49
OPS GENERAL CONDITIONS OF CONTRACT
(SEPTEMBER 1999)
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ONTARIO PROVINCIAL STANDARDS.
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
SEPTEMBER 1999
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GENERAL CONDITIONS OF CONTRACT
Table of Contents
SECTION GC 1.0 -INTERPRETATION
GC 1.01 Captions.............................................................................. .............................. ....... 1
GC 1.02 AbbreviationS .............. .......................................................... ................ ........ ........... 1
GC 1.03 Gender and Singular References............................................................................ 1
GC 1.04 Definitions ............................................................................................... ................. 1
GC 1.05 Substantial Performance .........................................................................................5
GC 1.06 Completion...............................................................................................................6
GC 1.07 Final Acceptance ..................................................................................................... 6
GC 1.08 Interpretation of Certain Words ............................................................................... 6
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Ooalments............................................................................ 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 WoIking OIawings ...................................................................................................9
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ................. 9
GC 3.04 Emergency Silualions............................................................................................ 10
GC 3.05 Layout.................................................................................................................... 10
GC 3.06 Working Area......................................................................................................... 10
GC 3.07 Extension of Contract TIlIle................................................................................... 10
GC 3.08 Oelays.................................................................................................................... 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~~..cI~.SeplM_l9ll9
T_cl~-I
GC 3.11.03 Additional WOIk ..................................................................................................... 12
GC 3.12 Notices................................................................................................................... 12
GC 3.13 Use and Occupancy of the WOIk Prior to Substantial Performance ..................... 13
GC 3.14 Claims, Negotiations, Mediation............................................................................ 13
GC 3.14.01 Continuance of the WOIk....................................................................................... 13
GC 3.14.02 Record Keeping..................................................................................................... 13
GC 3.14.03 Claims Procedure .................................................................................................. 13
Gc. ,3.14.04 Negotiations........................................................................................................... 14
GC3.14.05 Mediation ............................................................................................................... 14
GC 3.14.06 Paymenl................................................................................................................ 14
GC 3.14.07 Rights of Both Parties............................................................................................ 15
GC 3.15 Engineering Arbitration.....................................................................................,.... 15
GC 3.15.01 Conditions for Engineering Arbitration................................................................... 15
GC 3.15.02 Arbitration Procedure............................................................................................. 15
GC 3.15.03 Appointment of Arbilrator....................................................................................... 15
GC 3.15.04 Costs...................................................................................................................... 16
GC 3.15.05 The Decision.......................................................................................................... 16
GC 3.16 Archaeological Finds ............................................................................................. 16
SECTION GC 4.0 . OWNER'S RESPONSIBIlITIES AND RIGHTS
GC 4.01 Working Area.........................................................................................................17
GC 4.02 Approvals and Permits .......................................................................................... 17
GC 4.03 Management and DisposItion of Materials ............................................................ 17
GC 4.04 Construclion Affecting Railway Property .............:..............................................:.. 18
GC 4.05 Default by tha Contractor....................................................................................... 18
GC 4.06 Notification of Default ............................................................................................ 18
GC 4.07 Conlraclor's Right to Conect a Dafaull................................................................. 18
GC 4.08 Owner's Right to Conect Dafault........................................................................... 18
GC 4.09 Termination of C.."b....n.ts Right to Continue the Work....................................... 18
T_oI~.i
OPS~CcII !lll'~.oICannc:t. "-1_
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GC4.10
GC4.11
GC 4.12
GC4.13
Final Payment to ContraclDr.................................................................................. 19
T ennination of the Contract................................................................................... 19
Continuation of Contractor's Obligations............................................................... 19
Use of Perfonnance Bond ..................................................................................... 19
SECTlONGC 5.0 - MATERIAL
GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
Supply of Material............................ ...................................................................... 20
Quality of Material.................................................................................................. 20
Rejected Material................................................................................................... 20
SUbstitutions .......................................................................................................... 20
Owner Supplied Material.......................................................................................21
Ordering of Excess Material.................................................................................. 21
Care of Material..................................................................................................... 21
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.134
GC 6.03.06
GC 6.03.07
GC 6.04
Protection of Work. Persons and Property ............................................................23
Indemnification ...................................................................................................... 23
ContraclDr's Insurance........................................................................................... 24
General..................................................................................................................24
Generalliabtlity 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 Darnage..............................:................................................. 26
Contraclor's Equipment Insurance ........................................................................ 26
Insurance Requirements and Duralion.................................................................. 26
Bonding..................................................................................................................27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01
General.................................................................................................................. 28
T_alCoI-*-1Il
OPS__eo.lCIltiol.alCOIddCl-I,.1 .lboo'_
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
GC7.12
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 Pennits ..........................................................................................31
Suspension of Work ............................................................................................... 32
Contraclor's Right to Stop the Work or Tenninate the COntracl........................... 32
Notioe& by the Contractor .................:......................................... .........................., 32
ObstnJctions........................................................................................................... 33
Umllations of Opetations ....................................................................................... 33
Cleaning Up Before Acceptance ........................................................................... 33
Wananty ................................................................................................................ 33
SEcnON GC 8.0. MEASUREMENT AND PAYMENT
GC 8.01
GC 8.01.01
GC 8.01.02
GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 8.02.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8.02.03.06
GC 8.02.03.07
GC 8.02.03.08
GC 8.02.03.09
GC8.02.03.10
GC 8.02.03.11
Measurement......................................................................................................... 35
Quantities............... ................................................................................................ 35
Variations in Tender Quanllties.............................................................................35
Payment................................................................................................................35
Price for Work................................................................................................ ........ 35
Advance Payments for MateriaL....................................................,...................... 36
Certllication and Payment.....................................................................................36
Progress Payment Certilicale........................................................ ........... ....... ...... 36
Certification of Subcontracl Completion .............:..................................................37
Subcontrac:t Statutory Holdback Release Cer1ific;ale and Payment...................... 37
Certllication of Substantial Performance............................................................... 37
Substantial Performance Payment and Substanlial Perfonnance statutory
Holdback Release Payment CertiIicates............................................................... 38
Certification of Completion ....................................................................................38
Completion Payment and Completion Statutory Holdback Release
Payment CeI1Ificate$ .......... .................................................................. ......... ..... ... 39
Interest................................................................................ ...... ............................. 39
Interest for Late P&yment.............................................................,........................ 39
Interest for Negotiations and Claims..................................................................... 40
Owner's Set..()ff ....................... .......................... .................... ........ .................. ...... 40
T_ 01 ColllIInta -1'1
0P8 Clener8I eo. "I' _ 01 Connct. ........<b.. 1811I
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GC 8.02.03.12 Delay in Payment .................................................................................................. 40
GC 8.02.04 Payment on a Tme and Material Basis................................................................. 40
GC 8.02.04.01 Definitions .................... ................. ....................................................... .................. 40
GC 8.02.04.02 Daily Work Records...............................................................................................41
GC 8.02.04.03 Payment for Work..................................................................................................41
GC 8.02.04.04 Payment for Labour ...............................................................................................42
GC 8.02.04.05 Payment for Material............................................................................................. 42
GC 8.02.04.06 Payment for Equipment.........................................................................................42
GC 8.02.04.06.01 Working Tme ........................................................................................................42
GC 8.02.04.06.02 Standby Tme ........................................................................................................42
GC 8.02.04.07 Payment for Hand Tools..............................~........................................................43
GC 8.02.04.08 Payment for Work by Sub<<:onlraclors.................................................................... 43
GC 8.02.04.09 Submission of Invoices..........................................................................................43
GC 8.02.05
GC 8.02.06
GC 8.02.07
GC 8.02.08
. GC 8.02.09
Fmal Acceptance Certificate.............................................................................. .... 43
Payment ofWorkers..............................................................................................44
Records .................................................................................................................44
Taxes and Duties...................................................................................................44
. liquidated Damages....................................................,.........................................45
OPS_Colld_oI~-S ,I ......1899
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Ontario Provincial Standards
for
Roads and Public Works
September 1999
GC 1.01
GENERAL CONOmONS OF CONTRACT
secnoN GC 1.0 . INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserted as a mailer 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 Iisled on the right
"AASHTO"
"ANSr
"ASTM"
"AWG"
"AWWA"
"CESA"
"CGSS"
"CSK
"CWS"
"00-
"MOE"
"MTC"
"MTO"
"MUTCD"
oOPS"
-"OPSD"
OOPS$"
"PEC"
"SAE"
"SSPC"
"UL"
"ULC"
GC 1.03
_ American Association of State Highway Transportation Officials
_ Amel ic;an NaJionaI Standards InstiJute
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
M'mistry of the Environment (Ontario)
Ministry of Transportation (Ontario)
Minislry of Transportation (Ontario)
Manual of Uniform Traffic ConlroI Devices, published by MTO
OnJario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Profe nkl'lal Engineers Ontario
SocIety of Automotive Engineers
Structural Steel Painting Council
Underwriters Laboratories
Underwriters Laboratories Canada
Gender and Singular References
.01 References to the mascuine 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:
Aclual Measurement: means the field measurement of that quantity within the approved limits of the
Work.
Pege 1
OPSGener8leo._..",~.~l-
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 lis intended scope.
Base: means a layer of material of specified type and thickness plaoed 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 Pedonnance: means the certificate issued by the Conlrad Administrator at
Substantial Performance.
Change Dlr8ctlve: means any written instruclion signed by the Owner, or by the Contract Administrator
where~so authorized, directing that a Change in the Work or Extra Work be performed.
,"r.:
Change in the Work: means the deletion. extension, increase, dea sase or alteration of fines, grades,
dimensions, quantities, methods, drawings, substantial changes in geotechnica~ subsurface, surface or
other conditions, changes in the character of the Work to be done or materials of the WOlf( or part thereof,
.withinithe intended scope of the Contract.
Change Order: means a written amendment to the COntract signed by the Conlractor and the Owner, or
the Contract Administl..tur where so authorized, covering C:Olltil'IPICies, 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 a<fjUStment of the Contract Tme.
Completion Certificate: means the certificate issued by the Contract Admilillb.IlDl at completion.
Constructor: means, for the purposes of, and within the meaning of the Oc:cupationaJ Health and Safely
Act R.S.O. 1990, c.0.1, as amended and amendments thereto, the Conlractorwho executes the Contract.
Contract: means the undertakk1g by the Owner and the Contractor to perform their respective duties,
responsibilities and obligations as presaibed in the Contract Documents.
Contract Administrator: means the person, partnership or c:oc"",ation designated by the Owner to be
the Owner's representative for the pwposes of the Contract.
Contract Documents: mean the executed Agreement belween the Owner and the Conlrador, the
Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard
Spec:ificalions, Special Provisions, Contract Drawings, addenda if ICOIpClfated 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
SubsOOac:e Report and other reports and infonnation provided by the Owner for the Work, and without
limiting the generality thereof, may include soli ptofile6, foundation investigation reports, reinforcing steel
schedules, aggregate sources lists, Quantity Sheets, cross..sedioils and standard drawings.
Contract TIme: means the time stipulated in the Contract Documents for Substantial Performance of the
Work, including any extension of Contract Tme made PUrsuant to the Contract Documents.
ec...b-tw: means the person, partnership or corporation undertaking the Work es identified in the
Agreement.
ControllIng Operation: means any component of the Work, which, If delayed, wiI delay the completion of
the Walk.
P8ge 2
OPS-..CoI-'1 _af~-SJ>.It..""'988
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Cost Plus: See 'Tune and Materiaf'.
Cut-Off Date: means the date up to which payment win be made for work perfonned.
Dally Work Records: mean daily Records detailing the number and categories of workers and hours
worked or on standby; IypeS 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 an machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normaHy I_f~r.ed to as construction machinery and-equipmenl
EstImate: means a calculation oftheqllantity or'Cost-oftheWork<<1l8rtotitidependingon the-context.
Extra Work: means work not provided for in the Contract as. awarded but considered by the Contract
Administrator to be eSSeIltial to \he' satisfactory . completion of \he Contract' within Us. intended scope,
including unanticipated work required to comply with legislation and regulations which affect the Work.
Final Acceptance Certific:ate: means the certif.cate issUed by the Contract Administrator at Final
Acceptance of the Work.
Final DetaIled St4tement: means a complete evaluation prepared by \he Contract Administrator showing
\he quantities, unit prices and final doHar amounts of an items of work completed under \he Contract,
including variations in tender items and Extra Wort<, an as set out in \he 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 &II'f proposed excavatiOn or fill.
Grade: means the required eleIIation of that part of the work.
Hand Tools: means tools \hat are convnonly called tools orimplemenls of.the trade and include sman
power tools.
Highway: means a common and public highway any part of which is intended for or used by the general
pubflC for the passage of vehicles and includes the area between the lateral property lines thareof.
Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. payment is not based on a measured quantity; although a quantity may be given
in the Contract Documents.
Maior Item: means any tender item \hat 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 tolaI tender value calculated on the basis of the total of all the estimated tender
quantities and \he tender unit prices.
Material: means material. machinery, equipment and fixtures forming part of \he Work.
OPS Ge-.I CoI_. 01 c-.ct. .......'_1_
"-3
Owner: means the party to the Contract for whom the WOlle 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 - Por1Iand cement concrete, or plant or road mixed mulch.
Performance Bond: means the type of security fumished to the Owner to guarantee completion of the
WOlk 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 WOlk 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.1?f Interest: means. the rate detennined by the Minister of Finance of Ontario and issued by, and
avaHallle from, the Owner.
",~"
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 inducles
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 fiB slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipulated by the Owner. for
perfonnance of the Work.
Subbase: means a layer of material of specified type and thickness bet\veen the Subgrade and the Base.
Subcontractor: means a person, partnership or COI'pOI8tion undertaking the execution of a part of the
WOlk ~ virtue of an agreement with the ContraclDr.
'-b-
Subgrade: means the earth or rock surface, whether in cut or fin, as prepared to support the Base,
Subbase and Pavement
.~.. .
Subsuiface Report: means a report or other information identifying the location of utirlties, 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 WOlk.
Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to
transact business under the Insurance Act, RS.O. 1990, c.1.8, as amended. executing a bond provided by
the Co..baCtur.
Tender:' means an offer in writing from the ContraclDr, 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 Tme and
Material Basis. Where "Cost Plus" and ~ Account" alll used they shall have the same meaning.
f'8ge 4
OPSo.-wCoo - Rulc:o.... SejlIl......1_
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Utility: means an aboveground or' underground faciIiIy maintained by a municipality, public utility authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water, eIedric, gas, oil.
steam, data transmission. telephone and cable television.
Warranty Period: means the period of 12 months from the date of Subslantial Performance or such
longer period as may be specified for certain Materials or some or all of the WoIk. Where a dale of
Substantial Performance is not established, the Warranty Period shall commence on the dale 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 l'iStIet8rrilined'llylhe ContratfAdministrator;.on'Which.the-OoolIactorisprevented by
.. inclen ient \'W9lilher or conditions resulting immediateIy11l....~I\IOI1\.. 110... proceeding 'witln'Conlr'oUing
. Operation. For the purposes of this definition, this will be a Day during 'whiclr the ContIaclorcannot
proceed with at least 60% of the normal labour and equipment foroe' effectively engaged on the
Controlling Operation for at least 5 hours:
c) except a Day on wIlich the C""baGtor is prevented from proceeding with a Controlling Operation, as
detennined by the ContJact 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
behaif of the OWner.
i. on-delivery of OWner-supplied materials.
ii. any cause beyond the reasonable control of the ContJactor wIlich can be substantiated by the
Contractor to the satisfaclion of the ContJact Administrator.
Working. Drawings: or Working Plans: . means any Drawings or Plans prepared by the Contractor for the
execution of the Work and may. wilhoUl limiting the generality thereof, include faIsework plans, Roadway
protection plans, sIlop drawings, sIlop plans or erection diagrams.
GC 1.05
Substantial Perfonnanee
.01 The Work is substantially performed.
a) wilen the Work to be performed under the ContJact or a sUbslantialpart:thereof is ready for use
or is being used for the pwpose intended: and
b) wilen the Work to be perfomled under the Contract is'-capabIe.of completion or, wIlere there is a
known defect, the cost of correc;tion, is not more than
i. 3% of the first $500,000 of the Contract price.
ii. 2% of the next $500,000 of the ContJact 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 detennining &b&1ahtial Performance.
OPS __ CondIIoI. 0I~.""",,- ,.
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GC 1.0&
CompletIon
.01 The Work shall be deemed to be completed and services or Materials shaH 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 fh!ln the lesser of.
a) 1% of the Conllactprice; or
b) $1,000.
GC 1.07
Final Acceptanc:e
.01 Fmal Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowtedge at that time, the eohb....tu. has rectified all impelfect
WO/1( and has discharged all of the Contractor's obligations under the Contract.
GC 1.08
Interp(..bolion of Certain Words
.01 .J:he words "acceptable", "approval", "authorized", "considered netm3lY", "directed". "required",
. :.:..~satisfacloIy", or words of like import, shaD mean approval of, dile..lt.d, required, considered
. - net e nary or authorized by and acceptable or Scdil,;f....uy to the Contract Administrator unless the
context clearly indicates otherwise.
.~ '~.'. - :..'
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SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
Reliance on Conbact Documents
.01 The Owner warrants that the infonnation fumished in the Contract Documents can be relied upon with
the following imilalions or exceptions:
a) The IoGation of an mainline underground utilities which will affect the WOI1< will be shown to a
tolerance of:
i. 1 m horizonlal and
ii. 0.3 m velticaI
b) The Owner does not wanant interpIetations of data or opinionS expressed in any SUbsurface
Report available for the perusal of the ContraclDr 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 lake precedence and govern in the following order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Tender
g) SuppIemenIaI General Concfdions
h) General Conditions
i) Wor\dng Drawings
later dates shan govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the information shown on Drawings. the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall govern where they differ from dimensions scaled
from the same drawing;
b) Drawings of larger scale shall govern over those of smaUer scale;
c) De1ailed Orawings shan govern over general Drawings; and
d) Drawings of a later date shall govem over those of an earier date in the same series.
.03 In the event of any conflict in the contents of Standard . Specifications the following order of
precedence shaI govern:
a) Onlario ProvIncial Standard Specifications; then
b) Other S1andard Specifications, such as those produced by CSA, CGSB, ASTM and ANSI, and
referenced in the Ontario Provincial Standard SpeciflcaIions.
.04 The Contract Documents are compiementary, and what is required by anyone shall be as binding as
if required by all. "
OPS_Col_.af~.ll.l _11199
"-7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01
Contract Administratot'a Authority
.01 The Contract Adminislrator wiD be the Owner's representative during conslluction and until the
issuance of the Completion Certificate or the issuance of the Final AccepIance Certificate whichever
is later. All instructions to the Contractor including instructions from the ONner wi8 be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on behalf of the
0Nner only to the extent provided in the Contract Documents.
.02 AI claims. disputes and other malIers in question relating to the pedormance and the quality of the
Work or the interpretation of the Contract Documents shaD be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications,
agd to record the ne<:nsBl)' data to establish payment quantities under the schedule of tender
qUantities and unit prices or to make an assessment of the value of the work completed in the case of
r~..Jump sum price contract.
-.';;1.
.04 .The Contract Administrator wiH detennine the amounts owing to the Contractor under the Contract
and will issue certificates for payment in such amounts as provided for in Section GC 8.0,
Measurement and Payment
.05 The Contract Administrator win with reasonable promptness review and take 8ppIOpriate action upon
the Co..b....tu.'s submissions such as shop drawings, product data, and samples in lICCOI'dance with
the Contract Documents.
.06 The Contract Administrator W1111nvestiga1e aD allegations of a change in the character of the Work
made by the Contractor and issue appropriate instructions.
.07 The Contract Administrator will prepare Change Directives and Change Orders.
.08 Upon written appflC8tion by the Cohb a..lll., the Contract Administrator and the Contractor will joinUy
conduct an inspection of the Work to establish the date of SubslantiaI Performance of the Work
, and/or the date of Completion of the Work.
.09 The Contract Administrator will be. in the first instance, the interpreler of the Contract Documenls and
the judge of the perfonnance thereunder by both parties to the Contract. Interpretations and
decisions of the Contract Admil'lisll.m.r shan be consistent with the intent of the Contract 00cumenIs
and in making these decisions the Contract Administrator will nOt show partiality to either party.
~ ~
.10 The Contract Administrator will have the authority to reject part of the Work or Material which does
not conform to the Contract Documents.
.11 Defective work, whether the result of poor workmanship, use of defective material, or damage
through carelessness or other act or omission of the Contractor and'whether incorporaled 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 Cohba..tv. and replaced or re-executed
promptty in accordance with the Contract Documents at no addiUonaJ cost to the Owner.
.12 Any part of the Work destroyed or damaged by such removals, replacements or re-exe<:utions 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 c:onect defective work or work not
perfonnecI in accordance with the Contract Documents. the Owner may deduct from monies
oCheIwise due to the Contractor the dlffal,,1C8 in value between the work as perfonned and that
called for by the Contract Adm~.
....
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.14 Notwithstanding any inspections made by the COntract Administrator or the issUance of any
certfficateS or the making of any payment by the Owner, the faUure of the Contract Admiui",b alar 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 lime as may be necessary to facirdate 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 reasonabte
promptness and in orderly sequence so as to-not cause del8y i1rtheWork. ..If ~theContractor or
the Contract Administrator so requests they shall jointly prepare a schedule fixing the.dates for
submission and return of Working Drawings. WorIdng Drawings shalt be submitted in printed form.
Al the time of submission the Contractor s,hall notify the Contract Administrator in writing of any
deviations from the Contract requirementS th8t exist in the Working Drawings.
.03 The Contract Administrator will review and return Working Drawings i1 accordance with an agreed
upon schedule, or otherwise. with reasonable promptness so as not to cause delay.
.04 The Contract Administrator's review will be to check for COIIormity to the. design COIIOePt and for
general arrangement only and such review shall not relieve the Cu.obactor of responslbiflly 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
AdmiMobdtuf.
.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 shaUnolify the Contract Administrator in.
wrIIingof any revisions other than those requested by the Contract Admillstrator.
.06 Work related to the Working Drawings shall not ploceed until the Working Drawings have been
signed and dated by the Contract Adminislralor and marked with the words "Reviewed. Permission
to construct granted."
.07 The Contractor shall keep one set of the <revieWed Working Drawings. marked as abow, 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, makEl 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 facililies or the environment
.02 The Contractor shaD, 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.
OPSGenerIl~",~......_'8llll
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GC 3.04
Emergency Situations
.01 The ContJact Administrator has the right to determine the existence of an emergency situation, and
when such an emergency situation is deemed to exist, the ContJact 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
ContJactor's expense. If the emergency situation was not the fault of the Contractor, the Owner wiD
pay for the Iemedial work.
GC 3.05
Layout
.01 The Contract Administrator wiD provide baseline and benchmark information for the generallocalion,
. .~nment and elevation of the Work. The Owner wiD be responsible only for the correctness of the
. .~ provided by the ContJact Admioi$bclltu.. .
GC 316 Wotkbog Area
..",;i-.,
.01 The COn1ractor's sheds, site offices, kliIets, other temporary stJuctuleS and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and ordelty oondition
alan limes.
.02 The Co.dl....tur shall confine his construction opendions to the Working Area Should the Contractor
require more space than that shown on the Contract Olawings, the Contractor shall obtain such
space at no adcfllional cost to the OWner.
.03 The Contractor shan not enter upon orocc:upy any private property for any purpose. unless the
Contractor has received prior written permission from the property owner.
GC3.G7
ExtensIon of Contract TIme
.01 An application for an extension of ContJact Time shall be made in writing by the Contractor to the
Contract Administrator as soon as the need for such extension becomes evident and al least 15 Days
prior to the expiration of the ContJact Tme. The applic;ation for an extension of Contract Tme shall
enumerate the reasons, and state the IengIh of extension required.
.02 .Ci'cumstanoes suitable for oousideration of an extension of Contract Tme, include the foIowing:
a) Delays; See subsection GC 3.08.
b) Changes in the Work; SeeclauseGC 3.11.01.
c). Extra Work; See clause GC 3.11.02-
d) Additional Work; See c1auseGC 3.11.03.
.03 The Contract Administrator will. in considering an application for an extension to the ContJact 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 addIlional time as may be IeCOmmended by the
Contract Administrator and deemed fair and Ie8SOnabIe by the Owner.
.05 The tenns and oondilions of the Contract shan continue for such extension of Contract Time.
Poge10
OPSGenInIlCo"dllloouf~.1 .' .1Ilet 1_
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GC3~ ~p
.01 If the Contractor is delayed in the performance of the Work by,
a) war, blockades, and civil commotions, enors in the Contract Documents; an act or omission of the
OWner or eontract Administrator, or anyone employed or engaged by them directly or indirectly,
contrary to the provisions of the Contract Documents;
b) a stop wOI1<. 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.
Co..b actor directly or indirectly;
c) the' eontract AdministralDr giving notice under subsection GC 7.09; SUspension of WOlK;
d) abnormal inclement weather; or
- e)' arolIaeoIcgical 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
TIri1e. due 10 abnormal inclement weather; 1he' -eu.diactor 'shaH; with. the - Contractor's.. application,
submit evidence from Environment Canada in-support of suchapplication....ExtensIon of Contract
Tune win be granted in accordance with subsection 00.3;07; Extension otContractTme.
.02 If the Work is delayed by labour disputes,sbikes or Iock-outs - including Iock-outs decreed or
recommended 10 its members by a .recognized contraclDr's association, of which the Contractor is a
member or 10 Which the Cohbactor is olheIwise bound - which are beyond the Contractor's control,
then the eontract Time shaH -be' extended. in' accordance with . subsection GC. 3.07; Extension of
eontract Tme. In no case shall the extension of Contract Tme be less than the time lost as the
result of the event causing the delay, unless a shorter extension is agreed 10 by the ec,.lb..ctor;. The
Contractor shall notbe entitled 10 payment for costs incurred as the result ofsuch delays unless such ,
delays are the result of actions by the OWner.
GC 3.G9
Assignment of Contract
.01 The Contractor shall not assign the Contract, either in whole or in part, without the wrilIen consent of
the OWner.
GC3.10
Subcontracting by the Contractor
- .01 The Contractor may subconlractany part of theWork, subject 10 these General Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shaD notify the Contract Adminisbator, irrwrilinlt: of'the inteutionlo subcontract. Such
notification shaD identify the part of the Work, and the Subcontractor with whom it is intended.
.03 The Contract AdministralDrwlll, within 10 DlIysof receipt of such nolificalioh.-accept or reject the
intended SI.IIM..,b...Au.. The rejectionwin be in writIng.and win include the reasons for the rejection.
.04 The Contractor shaH not, without the written consent of the OWner, change a SUbcontractor-who has
been engaged in accordance with subsection GC 3.10 Subooo.b c..Aiilg by the Contractor.
.05 The Contractor shall preseMl arid protect the rights of the parties under the Contract with respect to
that part of the Work 10 be performed under subcontract and shaR,
a) enter inlo agreements with the intended SubcontraclOrS 10 require them 10 perform their wOI1<. in
accordance with the eontract Documents; and
b) be as fully responsible 10 the Owner for acts and omissions of the Contractor's SubcontractOl s and
of persons cflrect\y or indirectly employed by them as for acts and omissions of persons dlrecliy
employed by the Co..tractor.
OPSGeneI8lCOO dIIl...af~.81.1I.""'I_
Pelle 11
.06 The Owner's consent to subcol,ba..ling by the Conlniclor shall not be construed to relieve the
Contrac.1or 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
SUbcontraclor and the OWner.
GC 3.11
GC 3.11.01
Changes
Changes In the Wortt
.01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a
Change in the Work without invafldating the Contract. The Contractor shall not be required to
proceed with a Change in the Work until in reoelpt of a Change Directive. Upon the receipt of such
Change Directive the Contractor shaD proceed with the Change in the WorK
.02 .J118 Contractor may apply for an extension of Contract Tme according to the terms of subsecliu., GC
3:07. Extension of Contract Tme.
.03 If.the Changes in the Work relate solely to quantities, payment for that part of the Work wiD be made
-according to the conditions specified in dause 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, Negotiatiolls, Medialion or payment may be made according to the
condiIions contained in clause GC 8.02.04, Payment on a Tme and Material Basis.
GC ~.11.C12
Extra Wortt
.01 The Owner, or Contract Admirli$bd..... where so authorized, may inslruct the Ca.bacb to perform
Extra Work without invalidating the Contract. The Contractor shaD not be required to proceed with the
Extra Work until in receipt of a Change Directive. Upon receipt of such Change Direclive the
Ca,ba..fu( shall proceed with the Extra WorK
.02 The Contractor may apply for an extension of Contract Tme according to the terms of subsection GC
3.07, Extension of Contract Tune.
.03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Tune and Material Basis.
GC3.t1.G3
AddltIonaI Wortt
.01 The Owner, or Contract Administlator where so authorized, may request the Contractor to perform
Additional Work without invalidating the Contract. If the Contractor agrees to perform AddilionaI
Work, the Contractor shaa proceed with such AddilionaI Work upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract Tune accordiIlg to the terms of subsection GC
3.07, Extension of Contract Tune.
.03 Payment for the Additional Work may be negotiated pursuant to subsec:lion GC 3.14, Claims,
Negotiations, Mediation, or payment may be made acconfmg to the condilions contained in clause
GC 8.02.04, Payment on a Tme and Material Basis.
003.12
NotIces
.01 Any notice permitted or required to be given to the Contract Adminbltldlu/" or the SUperintendent In
respect of the Work &hall be deemed to have been given to and rec:eIved by the add~ on the
date of deIiveIy if delivered by hand or by facsimile transmission and on the fifth Day after the date of
mailing if sent by maR.
... 12
0P8 0e0wIIl Co"dlloo. Of Conlnct. SeI*l.1ber t_
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.02 The Contractor and the owner shaft provide each other with the mailing addresseS, telephone
numbers and facsimile tenninal numbers for the Contract Administrator and the Superintendent at the
commencement of the Work.
.03 In the event of an emeIgency situation or other urgent mailer the Contract Administrator or the
SUperintendent may give a verbal notice. provided that such notice is confirmed in writing within 2
Days.
'.04 Any noticepennitted or required to be given to the Owner or the Contractor shaH be given in
. accordance with the notice provision of the Contract.
GC 3.13
Use and Oc:cupancy of the Work Prior to Substantial Perfonnance
.01 Where it is not contemplated e1sewhere in'the Contract Documents, the owner may use or occupy
the WOIk or any part thereof prior to SubslantiaIPbful,uance;' providecl;1hatatteast 30 Days' written
notice has been given to the Contractor.
.02 The use or oocupancy of the Work or any part thereof by1heOWnerpriortoSUbstantial Performance
shal not constitUle an aooeptance of the WOrk or parts so occupied. In'addilion, the use or
occupancy of the WOrk shalnot relieve the Cuo,baclDr or the CUO'b..cto..s SUrely from any liability
that has arisen, or may arise, from the performance of the WOrk in aocordance.withthe Contract
Documents. The owner will be responsible for any damage that occurs because of the ()wne(s use
or occupancy. SUCh use or occupancy of any part of the WOIk by the OWner does not waive the
OWner's right to charge the Contractor liquidated damages in accordance with thetenns of the
Contract
GC 3.14
GC 3.14.01
Claims, NegotiationS, Mediation
ContInuance of the Work
.01 Unless the Contract has been terminated or completed, the ContIactor shaI in every case, after
serving or receiving any notific;aIion of a claim or dispuIe;verbal or written, continue to p100eed with
the WOrk with due diligence and expedition. It is uroderstood by the parties that such ,ac:llon will not
jeOpaIdize any claim it may have. '
GC 3.14.G2
Record Keeping
.01 Immediately upon commencing wOIk which may result in a claim, 1heCUO,b..ctor shaa keep Daily
WOIk Records during the course of theWorfc,. sulIicient to substantiate the Contractor's claim. and the
Contract Adminislrator will keep Daily WOrkReoordslD'be used in'ssw"sil'llthe Contractor's claim,
aa in aoooll:Jauoe with clause GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily WOIk Records on
a daily basis, to simplify review of the claim, when submitted.
.03 The keeping of Daily WOIk Records by the Contract Administrator or the reconcifing of such Dally
WOIk Records with those of the' co.dl actor shan not be construed to be acceptance of the claim.
GC 3.14.03
Claims Procedure
.01 The Contractor shan 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 shaD provlda wrilIen notice in the standard form "Notice of Inlent to ClaIm" within 7
Days of the commencement of any part of the WOIk which may be alfec;ted by the situation.
OPSo...ec...dlIIol,.clConII8c:t-I,.' .......1_
"'13
.03 The Contractor shaH submit delaiIed claims as soon as ~ possible and in any event no later
than 30 Days after completion of the work all'eGted by the silualion. The detailed claim shaH:
a) identify Ihe item or items in respect of which the claim arises;
b) state Ihe grounds, contracIual or otherwise, upon which the claim is made: and
c) include the Records maintained by the ContraclDr supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with apP/OV8l in writing
from Ihe Contract AdministralDr.
.04 Wdhin 30 Days of the receipt of the C<.l,b....tu."s delaiIed claim, the Contract Administrator may
request the Contractor to submit any further and oIher particulars as the Contract Administrator
considers necessary to assess the claim. The Conbacto. shaH submit the requested infonnation
within 30 Days of receipt of such request.
.05 Wilhin 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor,
in writing, of the Contract Adminisb atur's opinion with regard to the validity of the claim.
'",
GC3014.D4 NegotiatIons
.:~._~..
.01 'Tiie parties shal make aH reasonable effOIts to nlSOIvetheir dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant fads, information, and
documents to fao.ilitdb:: these l'Ie{jultdli<..lS.
.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 Adminlsb... shall enter into negotiations with the Co"b....b to
resolve the matters in dispute. Where a negotialed setIlement cannot be reached and it is agreed
that payment cannot be made on a Tine and Material basis in accolllallce with clause GC 8.02.04,
Payment on a Tune and Material BasIs, the parties shaI proceed in aocordance 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 satIsfacfOOIy through the negotiation stage noted in clause GC 3.14.04,
Negotitoliu.lS, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and
the Col.ba..b.n wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the
services of an independent third party mediator.
.02 The mediator shan be mutuaRy agreed upon by the Owner and Co.dlacto..
.03 The mediator shall be knowledgeable Algarding the area of the disputed issue. The mediator shaH
/~ with the parties togeIher and separately, as reoe8'ary, to review aU aspects of the issue. In a
. fiiiaJ attempt to assist Ihe parties in resolving the issue IhemseIYas prior to proceediIlQ to arbilration
the mediator shall provide, without prejudice, a non-bInding rec:ommendaIion for settlement
.04 The review by the mediator shaH be completed within 90 Days following the opinion given in
paragraph GC 3.14.03.05.
.05 Each party is responsible for iIs own costs related to the use of the Ihinl party mediator process. The
cost of the Ihird party mediator shaD be equeRy shared by the Owner and Contractor.
GC 3.14.06
Payment
.01 Payment of the claim will be made no later lhan 30 Days after the dale of resolution of Ihe claim or
dispute. Such payment will be made IICCOldIng 10 the terms of Section GC 8.0, Measurement and
Payment
""4
OPS GenonIl eo...... ~ ConInIct -11~tl.IIlel'_
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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 alIlStrued as a renunciation or waiver of any of the rights or recourse available to
the parties, provided that the requiremenls set out in this subsection are fulfiUed.
GC3.15
Engineering Arbitration
Conditions for Engineering Arbitration
GC 3.15.01
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, or the me<f18tion 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 impIemenIed to resolve the issueilhaU be'communicated in writing
as soon as possible and no later than'60"Days.fOIIowing'1he-opinion'given in paragraph GC
3.14.03;05. Where the use of a third party mediator was impIemented:notification shall be within 120
Days of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shan be bound by the decision of the arbitrator.
.04 The rules and procedures of the Atbitration 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 ArbIll..tiu.l.
GC 3.15.02
A.-bIb ..Iiua Procedure
.01 The foUowing 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 othelwise
disqualified him or herself:
a) All existing actions inrespect of the matters under arbiIration wiI'be'slayed pending arbitration;
b) All outstanding claims and matters to be seUled 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 Shan confinn that all matters in dispute are
set out in the schedule.
GC 3.15.03
Appointment of ArbIb..tor
.01 The arbitrator shall be mutually agreed upon'by'the Ownerand eo.,bacttx:\oacijudicate the dispute.
.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbitration noted in paragraph GC 3.15.01.02. the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall refer the matter to the Arbibation and Mediation Institute
of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitrator shall not be Interested financiaUy in the Contract nor in either party's business and shall
not be employed by either party.
.05 The arbitrator may appoint independent experts and any other persons to assist him or her.
OPSGenoIaI~of~.II;t ,_1M
Plge15
.06 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may
hear and consider any evidence which the arbitrator considers relevant
.07 The hearing will commence within 90 Days of the appointment of the arbitrator.
GC 3.15.04
Costs
.01 The arbitrator's fee shall be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other pelSOllS 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 mutuaUy 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. .
.~: '~~..
.04 . The arbitrator may, in his or her disaelion, award reasonable costs, related to the arbitration.
GC 3.15.05
The Decision
.01 The reasoned decision will be made in writing wilhin 90 Days d the conclusion of the hearing. Art
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 shaU
immediately notify the Contract Administrator and suspend operations within the area identified by the
Contract Administrator. NotiIication may be verbal provided that such notice is ........rh.....d in writing
within 2 Days. Work shall remain suspended within that area until otherwise direcled by the Contract
Adminisbator in writing, in iIocordance with subsection GC 7.09, Suspension ofWolk.
.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 Cotlb_lor's control in accordance with paragraph GC 3.08.01.
. .03 Any work directed or authorized in connection with an archaeological find wi. be considered as Extra
, ~ in accordance with clause GC 3.11.02, Extra Work.
".)"~':"
'" ..~-...
"",,,,16
OPS ~ ConclIIona flfConlr8ct. ....._r 1_
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GC 4.01
SECTION GC 4.0 - OWNER'S RESPONSIBIlITIES AND RIGHTS
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 woOOng easements, and will indicate the full extent of
the Working Area on the Contract Drawings.
.02 The Geotechnical Report and.Subsurface Report which will be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings.
GC 4.02
Approvals and Pennlts
.01 The Owner win pay for all plumbing and building permits.
.02 The Owner will obtain and pay for all permits, licenses and ,certlf.cale$:.soIeIy:.Iequired for Project
approval. '
GC 4.03
, Management and Disposition of Materials
.01 'The OWner win identify in the Contract Documents the materials 10 be moved within or removed from
the Working Area. and any characteristics' of those materials which will necessitsle special materials
management and disposition.
'.02 In accordancewilhregulations under the Occupational Healfhand'SafetyAct; R;S.O.' 1990; c.O.1, as
amended. the Owner advises that
a) the designated substances silica. lead and arsenic are generaRy present throughout the Working
Area occurring naturaIy or as a result of vehicle emissions;
b) the designated substance asbestos is present in asbestos conduits for utilities;
c) 'the 'fOllowing hazardous.materiaIs are -ordinarIY present in construction: acIiviIies~ limestone,
gypsum, marble, mica and Portland cement; and
d) exposure '10 these substances may occur as -a result of activiIies by the Contractor such as
sweeping, grinding, crushing, drilling, blasting, cutting and abrasive blasting.
.03 The OWner win identify in the Contract Documents any designated substances or hazardous
materials other than those identified above and their IocaIion in the Working Area.
.04 If the OWner or ec...b...ADo discovers or is advised-of ,the. pi esence"ofdasignated substances or
hazardous materials which are in addition 10 those rlSled in paragraph GC 4.03.02, or not clearly
identified in the Contract'Oocumentsaccording>to.plllllQlaph,GC.~03:03;,Jhen:verbal notice will be
provided 10 the other party immediaIeIy with written conlirmationwlthin2 Days.,. The Contraclor will
stop WOIk in the area 'immediaIeIy and win deIermine 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 idenIified 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
shaM be deemed to be Extra Work.
.06 Prior 10 commencement of the Work, the Owner will provide 10 the Contractor a list of those products
controlled under the WortcpIace Hazardous Materi81s Information System or WHMIS, which the
OWner will supply or use on the Contract, together with copies of the Materials Safely Data Sheets for
these products. All containers used in the application of products conIroHed under WHMIS shan be
labelled. The Owner wi! notify the Calm acIor in wrtIlng of changes 10 the list and provide relevant
Material Safety Data Sheets.
OPS caen..l CoIld111on1 01 CoI*1lCI.I,pl,n_ 1889
... 17
GC 4.04
Construction AffectIng Railway property
.01 The Owner will pay the costs of all flagging and other traffic conlllll measures required and provided
by the railway company unless such costs are solely a function of the Contractor's chosen method of
completing the Work.
GC 4.05
Default by the Contractor
.01 The Contractor shall be in default of the Contract if,
a) the Contrac:tor fails to commence the Wortc or execute the Worit properly or otherwise fails to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency. .
GC4,!l6
NotificatIon of Default
GC 4.07
Contractor's RIght to ComIct. DefauIl
.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 satisfacIoIy proof that appropriate corrective
measures have been taken.
.02 If the COITllCtion of the default cannot be completed within the 5 full Working Days following receipt of
the notice, the Contrac:tor shaD not be in default if the Contractor,
a) commences the COITllCtion of the default within the 5 fuI WoIldng Days following receipt of the
notice;
b) provides the Owner with an acceplable schedule for the progress of such COITllCtion; and
c) completes the correction in acconiance with such schedule.
GC 4.08
0Wner's RIght to Correct Default
.01 If the Contractor fails to correct the default within the lime specified in subsection GC 4.07,
,:~.....tuts Right to Coned a Default. or subsequently agreed upon, the Owner, without prejudice to
.' .anyother 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 Co.lbai.hn.
GC 4.G9
Tennination of Contractor's RIght to Continue the Work
.01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07,
ContraclDl's Right to Coned a Default. or subsequently agreed upon, the Owner, without prejudice to
any other right or remedy the Owner may have, may terminate the Contractor's right to continue the
Worit in whole or in part by giving written notice to the Contractor.
.02 If the Owner tenninates the Contractor's right to continue with the Worit in whole or in part, the Owner
will be entitled to,
a) take pllStelsion of the WorkIng AIea or that portion of the Worldng AIea devoted to that part of the
Work tenninaled;
b) uIlIIze the Equipment of the Co.,b6Cb... and any MalerfaI within the WorkIng AIea which is intended
to be incolpoIat&d inlD the Work, the whole subject to the right of third parties;
c) wIIhhoId further payments to the Contractor with respect to the Worit or the portion of the Worit
wlthdrRn from the Cu.jb....tll. until the Worit or portion thereof wilhdrnn is completed;
P8ge18
OPS 0... Cell.... of ConlnIc:t - ....._1..
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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 ConlJact Adminislralor and any
additional compensation paklto the Contract Administrator for such additional service arising from
the correction of the default;
e) charge the COhbaclot a reasonable allowance. as detennined by the ConlJact Administrator. to
cover correction to the Work perfonned by the Contractor that may be required under subsection
GC 7.15. Warranty;
f) charge the Contractor for any damages the Owner may have sustained as a result of the default;
and
g) charge the Contractor the amount by which the cost of corrElclions to the Work under subsection
. GC 7.15. Warranty. exceeds the allowance provided for such COITl!CIions.
GC4.10
Final Payment to Contractor
.01 If the OwneI's cost to correct and complete the Workin.whole or in part is less than the amount
withheld from the CoIotracto1 . under subseclion.GC4.09;Tennlnalion.of..po..bactor's Right to
Continue the Work,' the Owner will pay the. balance to1he"ec...b-tl.. assoon:as the final accounting
for the ConlJact is complete.
GC4.11
Tennlnatlon of the Contract
.01 VIIhere the Contractor is in default of the ConlJact the Owner may. without prejudice to any other right
or remedy the Owner may have, terminate the ConlJact by giving written notice of termination to the
CoI,bactor. the SUrety and.any 1rUStee'or receiver acting on behalf of ' the Contractor's estate or
creditors.
.02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or
receiver with a complete accounting to the date of termination.
GC4.12
Continuation of Contractor's ObUgatlons
.01 The Cu..b.....tur's. obligation under the Contract as to quality; . c:orredion and warranty .of the Work
performed prior to the time of termination of the Contract or termination of the CoI,bactor'sright to
continue with the Work in whole or in part shall continue to be in force after such termination.
GC 4.13
Use ofPerfonnance Bond
.01 If the Contractor is in default of the ConlJact and theCo..b....lurllas.provide(Ia Performance Bond.
the provisions of this Section shall be exercised'in ac:oordance with the <<lI1ditions of the Pelformance
Bond.
OPS GenIal Colllllllol. '" Connct -II, pll_,l189
""8
GC 5.01
SECTION GC 5.0 . MATERIAL
Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner. shall be supplied by lI1e Contractor. The Contract price for the appropriate lender items
shan be deemed to include fun compensation for the supply of such Material.
GC 5.02
Quality of Material
.01 All Material supplied by the Contraclor shall be new or unless olheIwise specified in the Contract
Documents.
.02 Material supplied by the Contraclor shall conform to the requirements of the Contract.
.03 As specified or as requested by the Contract AdministnItor, the Conbactor shall make available for
-;~ or testing a sample of any MaIeriaI to be supplied by the Co.lb....b....
......:-z.
.04 ,The Contraclor 5haIl obtain for the Contract Adminillfldlur the right to enter upon the premises of the
Material manufaclurer or supplier to cany out such inspEKliOll, sampling and testing as specified or a
, requested by the Contract Administrator.
.05 The ContracIor 5haIl notify the Contract Adminil.b.... of II1e sources of supply sufficiently in advance
. .of II1e Material shipping daIe5 to enable the Contract Administrator to perform the required b 15pedion,
. sampling and testing.
.06 The Owner win not be responsible for any delays to II1e Conbactul's opecations where the eo..b....Jur
fails to give sufficient advance notice to the Contract Administrator to enable lI1e Contract
Administrator to carry out the required inspedion, sampling and Iesling before lI1e scheduled shipping
dale.
.07 The ContracIor shan not change the source of supply of any Material without the written authorization
of the Contract Administrator.
.08 Material which is not specified shall be of a quality best suited to the purpose required and the use of
such Material shall be subject to the approval of the Contract Administrator.
GC 5.a3 . Rejected Material
'.~;
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.01 ~ Material shan be removed from the Working Area expeditiously after the notification to that
~ from the Contract Admlnis1rator. Where the ContracIor 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 conslder& to be the most appropriate manner and lI1e
ContracIor shall pay the C05ls of disposal and lI1e appropriate overhead charges.
GC 5.04
SUbstitutions
.01 Where the specifications require the Contractor to supply a Material designated. by a trade or oII1er
name, lI1e Tender shall be based only upon supply of the Material so designated. which shall be
regarded as the standard of qualty required by II1e speclllcation. After the acceptance of the Tender.
lI1e ColltraCto. mey apply to the Contract Adminlslrator to substitute another Materialldenllfied by a
different trade or OCher name for the Material designated as aforesaid. The application shall be in
writing and shall state the price for II1e proposed substitute Material designated as aforesaid. and
such OCher Informalion as the Contract Admlrlilib.... may require.
P8ge 20
OPSO"'Co/.....af~. Sl~11 ~~ 1_
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.02 RuUngs on a proposed substitution will not be made prior to the ac:ceptance of the Tender.
SUbstitutions shall not be made without the prior approval of the Contract Adminls1rator. 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 entiUed
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shaH be conveyed to the
. . . Contractor in writing or by issuance of a CertiIicate of Equality on the Owner'sstandllld form of
. "Certification of Equality". and. if any adjustment to the Contract price' is made by reason of such
substibrtion a Change Order shall be issued as well.
GC 5.05
GC 5.05.01
Owner Supplied Material
Ordering of Excess Materiat
.01 Where Material is supplied by the OWner and wherelhis Materialis:ORIeredctJy the Contractor in
excess of the amount specified to complete the Work;csuch: e"CMs.MateriaI shall become the
property of the eo. tb a...tu. on completion of the Work and shaH be charged to the COntractor at cost
plus applicable overfIeads.
GC 5.05.02
Care of Material
001 . The Contractor shaH, in advance of receipt of shipments of Material supplied by the. OWner. provide
. adequale and proper storage facilities acceptable to the Contract Adminilobcttu., and on the receipt'of
such Material shall promptly place it in storage except where it is to be incoqlorated forthwith into the
Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the
speciIied 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 CO"b........ at no elqlllIlSe 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 Ccx,b...Au.' it shaD rematn 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 'and1he .:quahlilie&shown on the bills of
lading, the Contractor shall immecliatelyreport such damage or discrepancies to the Contract
Administrator who shall arrange for an'immediate-inspection ,oflheJshipment and provide the
Contractor with a written release from responsibility for such damage onleficiencies.. 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 eo. ,b a...tu. at no extra cost to
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shaH 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
shal 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 Gen.- eo._. fit ,*-- Sejlee........1l1ll9
P8ge 21
.06 The Contractor shaH provide the Contract AdmlnisIrator. immecIlaleIy upon receipt of each shipment,
copies of bills of lading. or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract.
the Conlractor shall. at no extra cost to the Owner. immediately upon commencement of operations.
check the Material. report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Conlractor it shaH be assumed that the stockpile was in good order when the Conlractor took charge
of it and any damage or deficiencies reported thereafter shaH be made good by the Contractor at no
extra cost to the Owner.
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OPS~Colldlllo..Gf~.Slrl>.,_'lll19
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SECTION GC 6.0 . INSURANCE, PROTEcnoN AND DAMAGE
GC 6.01
Protection of Work, PelSOns and Property
.01 The Contractor, the Contraclol's agents and all workers employed by or under the control of the
Contractor, including SulA.u..bactors, shall protect the Work, persons and property from damage or
injury, and shan be responsible for aU losses and damage which may arise as the result of the
Contractor's operations under the Contract unless indicated \0 the contrary below.
.02.. The Contractor is responsible for the full cost of any '*-'91')' temporary provisions and the
restoration of all damage where the Contractor damages the WOI1I or property in the perfonnance of
the Contract. If the Contractor is not responsible for the damage that occurs \0 the Work or property
the Contractor shall restore such damage, and such work shall be administered according \0 these
General Conditions.
.03 The Contractor shall immediately infonnthe~Contracl Administrator of all"damage and injuries which
occur during the tenn of the Contract.
.04 The Callb actor shall not be responsible for loss and damage that occurs as a result of,
a) war;
b) blockades and civil commotions;
c) enors in the Contract Documents; or
d) acts or omissions of theOwnet, the Contract Administrator, their agents and empioye!ls, or others
not under the control of the Contractor, but within the Working Area with the Owner's pennission.
.05 The Cu..b....tur and bis SUrety or SUreties shall not be released from any tenn or provision of any
responsibility, obligation or liability under the Contract or waive or impair any of the rights of the
Owner except by a relsase duly executed by the Owner.
GC 6.02
Indemnification
.01 The Cu..b....tur 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, hereil8fter called "claims", directly or
indirectly arising or aleged \0 arise out of the performance of or the failure \0 perfonn the WOI1I,
provided such claims are,
a) atlributable \0 bodily injury, sickness, diseli'ie. or death or \0 damage \0 or destrucIion of tangible
property;
b) caused by negligent acts or omissions ofthe:Contracloror anyone:for:whose acts the Conlractor
may be liable; and
c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as
set out in the Celtificate of SUbstantial Performance of the Work or, where so specified in the
Contract from the date of ceI1ificaIion of Fmal Acceptance.
.02 The Contractor shan indemnify and hold harmless the Owner from all and every claim for damages,
royallies or fees for the infringemant of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or MaleriaI furnished by the Contractor under the
Contract.
.03 The Owner expressly waives the right \0 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 hannIess the CUllh-.L., ilis agents, officers and employees
from and against aD claims, demands, losses, expenses, Costs, damages, actions, suits, or
proceedings arising out of the Contraclor's performance of the Contract which are attributable \0 a
lack of or defect in title or an alleged lack of or defect in title \0 the Working Area.
OPS Genolal ConcIIIIons 01 ~.......... 1889
"- 23
.05 The Contraclor expressly waives the right to indemnity for claims other than those stated above in
paragraph GC 6.02.04.
GC 6.03
ConbactD(slnsurance
GC 6.Q3.o1
General
.01 Without restricting the generality of subsection GC 6.02. Indemnificalion, the Contractor shall provide.
maintain and pay for the insurance CCIVeIaQflS listed under cl&"sas GC 6.03.02 and GC 6.03.03.
Il1Sl.I'8RCe 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 Doamtenls.
GC 6.Q3.o2
General UablUty Insurance
.01 General liability insurance shaH be in the name of the Contractor, with the OWner and the Conlract
. ~nislralor named as additional insureds. with Iinlts of not less than 5 million dollars inclusive per
~ for bodily injury. death, and damage to properly including loss of'-use thereof. with a
~ damage deducIibIe of not more than $5000. The form of this inSurance shaH be the
IIJSUI'lIIlC8 Buteau of Canada Form IBC 2100. dated 8-87. .
.02" Another form of insurance equal to or better than that required in IBC Form 2100 may be used.
provided aD the requirements listed in the Contract are Included. Approval of this Insurance wiI be
conditional upon the ContraclDr obtaining the services of an insurer licensed to underwrite insurance
in the Province of Ontario and obtaining the insurer's certific:ate of equivalency to the required
insurance.
.03 The insurance shaH be maintained continuously from the commenoement of the WOrk until 12 months
foUowIng the date of SUbstantial Performance of the Work, as set out in the CertIfICate of Substantial
Performance of the Work, or until the Fmal 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 Certilic:ate. and thereafter to be
ITldihlai""d for a further period of 4 years.
.04. The eu..b...Ju. shaH submit annuaUy to the Owner. proof of continuation of the completed operations
coverage and if the Contractor failS to do so. the Iinilation period for cIaining indemnity described in
paragraph GC 6.02.01 0). will not be binding on the Owner.
.05 Sbould the Coub....h.o decide not to employ SUbcotlll....tols for openItions requiring the use of
el!PIosives for blasling. or pile driving or caisson work, or removal or weakening of support of property
I!Htlding or land. IBC Form 2100 as required shaD include the appropriate endorsementS.
~..
't!t:._r
.06 The policies shaI be endorsed to provide the Owner with not less than 30 Days' written notice in
advance of cancellation. change or amendment restricting coverage.
.07 "Claims Made" insurance policies wiI !lot be permitted.
GC 6.03.03
Automobile Uablllty Insurance
.01 Automobile liability insurance in respect of licensed vehicles shall have Iimlts of not less than 5 miUion
dollars inclusive per occurrence for bodily Injury. death and damage to property. in the following forms
endorsed to provide the Owner with not less than 30 Days' written notice in advance of any
cancellation. change or amendment restricting coverage:
a) standard non-owned autornoblle policy including standanl oon1ractuaIlabllity endorsement. and
b) slandald owner's form autornoblle poIlcy providing third party liability and accident benefits
insurance and ooverlng licensed vehicles owned or operated by the Contractor.
PIge 24
OPS 0ennI Oolldllo..uf ConIIad - Se,Ao.o.... 1.
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GC 6.03.Cl4
Aircraft and Watercraft Llability Insurance
.01 Aira'aft and wsteraaft fiability insurance with respect to owned or llOIKlWlled aircraft and wateraaft if
used directly or lndireclly in the perfo!hl8llCe of the Work, including use of additional premises, shall
be subject to limits of not less than 5 mOlion dollars inclusive per occunence for bodily injury, death,
and damage to property including loss of use thereof, and limits of not less than 5 million dollars for
airaaft passenger hazard. . Such insurance shall be in a form acceptable to the Owner. The policies
shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of
cancellation, change or amendment restricting coverage.
GC 6.03.05
GC 6.03.05.01
Property and Boiler Insurance
Property Insurance
. .01 . All risks property Insurance shaft be in the name of the Conlraclor+wiIh.lhe.Owneund the Contract
Administrator named as additional insureds, insuring not.IessJhanpthe'.sum.otthe.amount of the
Contract price and the full value, as may.bestatecLin .tbe..supplemeol.aLGeneIaI.Conditions, of
Materiallhat is specified to be provided by: the'Owner;:for~.incoIpoIation.Jntothe 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 shaD be maintained continuously untO .10 Days after the date of
F"mal Acceplance of the Work, as set out in the F"ma1 Acceptance Certificate.
GC 6.03.05.02
Boiler Insurance
'.01 " Boller insurance insuring the inlerests of the Conlraclor, the Owner and the ConlractAdministrator 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 insuranceshal be maintained continuously from
commencement of use or operation of the property insured untO 10 Days after the date of F"rnal
Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.03'
Use and OccIlpllllCY of the Wortc'Prior to CompJetion
.01 Should the Owner wish to use or occupy part or aU of the Work prior to Substantial Performance, the
Owner W1'1give 30 Days' written notice to the'Co.lb....h.o. 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 shal be at the
Owner's expense. If because of such use or occupancy the ContI actor Is unable to provide
coverage, the OWner upon written notice from the.Contractor:and.prior-JD:suclt use or. occupancy
shall provide, maintain and pay for property and boiler insurance insuring theJuJI value of the Work,
including coverage for such use or occupancy,' and shall. provide the 'Contractor with proof of such
insurance. . The Contractor shall refund to the Owner the unearned premlums applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shan 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 Contraclor 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 enlitled to such reasonable extension of
Contract TII1le relaliveto the extent of the loss or damage as the Contract Administrator may decide
in consultation with the Contractor.
OPSO""COOId.......of~.II'pll ''''-1l199
Page 25
GC 6.03.os.04
Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds and in accordance with the
requirements of Section GC 8.0, Measun!l11ent and Payment In addition the Contractor shall be
enlilled to receive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the WoIk.
.02 The Contractor shaD be responsible for deducllble amounts under the porlCies except where such
amounts may be excluded from the CoI,bactor's responsiblily 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 shaD pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6.03.0&
Cot,b-tufs equipment Insurance
.01 All risks Co.lb.u.,(s equipment insurance covering consbucIion machineIy and equipment used by
the Co..b....tu. for the performance of the Work, including boiler insurance on temponwy bolIers and
pressure vessels, shall be in a form acceptable to the Owner and shaD not anow 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 &ali$f....tu.y 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 Cuo41....tur shall be deemed to be insured. This policy shaD be
amended to provide permission for the Co.lbaGb:ll to grant prior releases with respect to damage to
the Contractor's Equipment
GC 6.03.07
Insurance Requirements and Duration
.01 Unless spec:iIied otherwise the duration of each insurance policy shall be from the date of
commencement of the Work until 10 Days after the date of Final AccepCanoe of the Work, as set out
in the FIIllII Acceptence Certificate.
.02 The Contractor shaD provide the Owner. on a form acceptable to the Owner, proof of insurance prior
to commencement of the Work, and signed by an officer of the COhb....b:lr and either the underwriter
or the broker.
,03 The Contractor shaD, on request, promptly provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premitm bases used by the insurer
to determine the cost of the insurance. The certified true copy shaD include e 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 ec...bcdu.' shaD be responsible for the payment of deductible emounts
underthe policies.
.06 If the Conlnlclor falls 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 III the Contractor. The Owner's cost
thereof shall be payable by the Contractor to the Owner on demand.
~2e
OPS GenerelCoo -. .. ofConncl-ll8ll1.onIler 1_
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.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date
on which the Owner made a formal demand for reimbursement of such costs the OWner may deduct
the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
.01 The Contractor shall provide the OWner with the surety bonds in the amount required by the tender
documents.
cO2 Such bonds shall be issued bya duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shan be maintained in good standing until the fulfilment of
the Contract
OPS GenonI eo._. 0/ ~. s~~.ob.i IIlll9
Page 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIUTES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor wanants Ihat the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the performance of
the Work are known.
.02 The Contractor shall not convnence the Work nor deliver anything to the Working Area until the
. Contractor has received a written order to commence the Work, signed by the Con1ract Administrator.
.03 The Contractor shaH have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Oocuments. The Contractor shan be responsible
for construction means, methods, techniques, sequences and procedures and for COOI'dinating the
various parts of the Work.
i~:;..
.04 The eo.,b~ shal have the sole responsibility for the design, erection, operation,' maintanance and
, .'!!lJOV8I of temporary slruclures and other temporary facilities and the design and execution of
,~ methods required in their use.
.05 'NotwilhsIanding paragraph GC 7.01.04, where the Contract Documents include designs for
temporary sIrucIures and other temporary facilities or specify a method of construction in whole or
part, such faclities and methods shaI be considered to be part of the design of the Work, and the
Contractor shall not. be held responsible for Ihat 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 constnK:lion in the same manner Ihat 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, RS.O. 1990, c.O.1 (the .Act") and Ontario Regulalion
213191 (which regulates Construction Projects) and any other regulations under the Act (the
.Regulalions") which may affect the performance of the Work, as the .constructor" or .employer", as
defined by the I'd., as the case may be. The Contractor shall ensure that
a) worker safety is given first priority in planning, pricing and performing the Work;
b) its officers and supervisory employees have a working knowledge of the duties of a .constructor"
and .employer" as defined by the Act and the provisions of the Regulations appflC8ble to the Work,
and a personal commiIment to comply with them;
c)- a copy of the most cunent version of the Act and the Regulations are available at the Contractor's
.ofIice within the Working Area, or, in the absence of an ofIice, in the possession of the supervisor
. "";,responsible for the performance of the Work; .
,dfworkers employed to carry ouI 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 ouI their duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
f) all Sub..uo ,b ....tu.'S and their employees are properly pi otected from injury while they are at the
work place.
.07 The Contractor when requested shan provide the Owner with a copy of its health and safety policy
and program at the pre-start meeting, and shaH respond prompUy to requests from the Owner for
oonfirmation Ihat its methods and procedures for carrying ouI the Work comply with the Act and
Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors
appointed to enforoe the AcI and the Regulations in eny investig8lions of worker health end safety in
the performance of the Work. The Contractor shall indemnify end save the Owner harmless from any
additional expeuse which the Owner may incur to have the Work performed as a result of the
Co"badln's feilure to comply with the requirements of the Aclend Ihe Regulations.
Pege28
OPS GenenII eon...... oI.,*- - Seple..iIler 1899
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.08 Prior to commencement of the WOIk 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 Conlracl Related Materials Safety Dala Sheets shall
acoompany the submission. All containers used in the application of products controlled under
WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes in
writing and provide relevant Material Safety Data Sheets.
.09 The Contractor shall have an authorized representative on the site while any work is being performed.
to act for or on the Contractor's behalf. Prior to commencement of construction. the Contractor shall
. notify the Contract Administrator of the names;- addresses. positions and telephone numbers of. the
Contractor's representatives who can be contacted al any time to deal with matters relating to the
Contract.
.10 The Co"bactor. shaU,'a1 no' additional cost to the Owner. furnish aI reasonable aid. facilities and
assistance required by the Contract Administrator for thepropel'. inspection and elC8mination of the
Work or the taking of measurements for the purposeofi payment. . .
.11 The Contractor shall prepare. and update as required, a conslr1IcIion. schedule 1ndicaIing the timing of
the major and crilical acIiviIies of the Work. The schedule shall be designed to ensure conformity
with the specified Contract Time. The schedule shall be submitted to the Contract Adn)inistrator
within 14 Days from the date of the Contract award.
.12 Where the Contractor finds any error, inconsistency or omission reIaIing to the ContnIcI. the
Contractor shall promptly report it to theContracl Administrator and shall not proceed with the activity
..ff.....ted until receivingdireclion from the Contract Administrator.
.13 The Contractor shall arrange with the appropriate utility authorilies for the stake out of all
underground utilities and service connections which may be affeGled by the Work. The Contractor
shall be responsible for any damage done to the underground utililies by the Cell,bactor's forces
during construction if the stake out locations are wilhinthe toJerances given in paragraph GC
2.01.01a).
GC 7.02
Layout
.01 Prior to commencement of construcIion, the Contract Administrator and the Cordraclor wiI Jocate on
site those property bars, baselines and benchmarks which are necessary to delineate the Working
Area and to lay out the Work, all as shown on the Contract Drawings.
.02 The Contractor shan be responsible for the .preservation of all. property'bars' while the Work is in
progress, except those property bars which muslbe removed to Jacililatathe Work. Any other
property bars distlirbed. damaged or removed by the Contractor's operations Shan be replaced by an
Ontario Land Surveyor. a1the CUllbactor's expense.
.03 At no extra cost to the OWner,the Contrador shan provide the Contract Administrator with such
materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be
necessary for the inspecIion of the Work.
.04 The Contractor shall provide qualified personnel to lay out and establish all fines and grades
necessary for construcIion. The Cell ,tractor shall notify the Contract Administrator of any layout work
carried out, so lhaIthe same may be checked by the Contract Administrator.
.05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The C()"ba..a.. shall supply one copy of all
alignment and grade sheets to the Contract Administrator. .
OPS~CoId11oo..of~"I,1 ......1_
... Z8
.06 The Contraclor shan assume fun responsibility for alignment, eIe'i8lions and dimensions of each and
aa parls of the Work, regardless of whether the Cu.lb....a...s layout work has been checked by the
Contract Administrator.
.07 All slakes, marks and reference points provided by the Contract Administrator shall be carefully
presented by the Contractor. In the case of their destruction or removal as a result of the Contractor's
operations, such slakes, marks and reference points will be replaced by the Contract Adminisllator at
the Contraclor's expense.
GC7.G3
Damage by Vehicles or Other Equipment
.01 If at any lime, in the opinion of the Contract Administrator, damage is being done or is Ukely to be.
. done to any Roadway or any improvement thereon, oulside the WOIking Area, by the Co.lbadui's
. vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the
dil:ection of the Contract AdminislralDr, and at no extra cost to the Owner, make changes or
.cS"Ubstitutions for such vehicles or equipment, and shall alter Ioad"IngS. or in Some other manner,
',,-amove the cause of such damage to the satisfacIion of the Contract Administrator.
~
GC 7.G4
Excess Loading of Motor Vehicles
.01 "Where a vehicle is hauling Material for use on the Wort, In whole or in part upon a Highway, and
where motor vehicle registration is required for such vehicle, the Cu..b.......... shall not cause or permit
such vehicle to be lOaded beyond the legallirnit speciIied in the Highway Traffic Act, R.S.O. 1990,
c.H.8, as amended. whether such vehicle is regislered in the name of the Contractor or otherwise,
"except where there are designated areas within the WorkIng Area where overloading is permiUed.
The Contraclor shal bear the onus of weighing disputed loads.
GC 7.05
Condition of the WorkIng Area
.01 The Co.lba..tur shaH maintain the Working Area in a tidy condition and free from the accumulation of
debris, other than that caused by the Owner or others.
GC 7.D6 MaIntaining Roadways and Detours
.01 Where an existing koadway is affected by c:onslruclion. it shall be kept open to traffic, and the
eu,.b....tur shall, except as otherwise provided in this subseclion, be responsible for providing and
maintaining for the duralion of the Work, a road through the Working Area, whether along an existing
Hignway, including the road under constnJclion, or on detours within or adjacent to the Highway, in
accordance with the MUTCD.
.02 #f!fContractor shaa not be required to maintain a road through the Working ~ until such time as
the Contractor has convnenced oparations or during seasonal shut down or on any part of the
Contract that has bean accepted in accordance with these General Conditions. The Contractor shall
not be required to apply deicing chemicals or abrasives or cany out snowplowing.
.03 Where localized and separated sections of the Highway only are affected by the Contractor's
operations, the Contractor win not be required to maintain intervening sections of the Highway until
such times as these sections are located within the IimiIs 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 construcIlon of the detouls, and If required, for the subsequent removal of
the detours, will be made at the Contract prices 8pprop1 iate to such work.
..... 30
OPS 0enenII eo. II1II _ oI~- S,~,,","""118ll
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.05 The Contractor shaH maintain. ina satisfactory condition for traffic, a road through the Worldng Area.
at the Owner's expense. The road through the Worldng Area will include any detour constructed in
acconIance with the Contract Documents or required by the Contract Administrator. Compensation
for all labour. equipment and materials to do this WOIk shall be at the Contract prices appropriate to
the WOIk and; where there are no such prices, at negotiated prices. Notwithstanding the foregoing.
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
included in the prices bid for the various tender items and no additional payment will be made.
.06' 'Where WOIk under the.Contract is discontinued for any extended period including seasonal shutdown,
.the Contractor shall. when directed by the Contract Administrator. open and place the Roadway and
detours in a passable, sale and satisfactory condition for public travel.
.07 Where the Contractor construcIs a detour which is not specificaHy 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 tostrudul'lil"aild.geortletricstandards~,.jljlt~ by the Contract
Administrator. Removal and siterestoraliortshaU...be performed.~aa,diniCted by the Contract
Administrator.
.08 . Where, with the prior written approVal of the Contract Administrator, the Highway is closed and the
. traffic diverted entirely off the Highway to any other Highway, the Cu.dl....... shall at no extra cost to
the Owner, supPly.'eleCt and maintain traffic control devices in accon:Iance with the MUTCO.
.09 CornprI8llCe with the foregoing provisions shall in no way reIieiIe the Contractor of obligations under
. .... subseClionGC6.01; Protedion 'ofWork, Persons' and ..Property, dealing with the Contractor's
responsibility for damage claims, except for claims arising on sections of Highway within the Worldng
Area that are being maintained by others.
GC 7.07
Access to Properties Adjoining the Work and Interruption of Utirlty
Services
.01 The Contractor shal provide at all times, and at no extra cost to the Owner,
a) adequate pedestrian and vehicular access; and
b) continuity of UliIity seMces
to properties adjoining the Worldng 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 Worldng Area
.03 Where any interruptions in the supply of UliIityselVices' are 'required.and~are authorized by the
Contract Administrator,theCollbadorshall give the affected property owners notice in accordance
with subsection GC 7.11. Notices by the COllb........ 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 tenderc:losing. are required for the
performance of the Wort.
.02 The Contractor shaH anange for all necessary inspections required by the approvals and permits
specified in paragraph GC 7.08.01.
OPS Genem ~.. of Conlract- slp"'.._I_
P8ge 31
GC 7.G9
SUspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or
al of the Work and work shaI not be resumed untJlthe Contract Adminisllator so directs in writing.
Delays, in ~se circumstances, will be administered according to subsection GC 3.08, Delays.
GC 7.10
Contractor's RIght to Stop the Work or Terminate the Contract
,r"
.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 .
l . ' - ,.- - .
.02 If the Work is stopped or othelwise delayed for a peIiod of 30 Days or more under an order of a court
or other pubflC authority and provided that such order was not issued as the result of an act or fault of
;,~Contractor or of anyone direcIIy employed or engaged by the Contractor" ,the Contractor may,
,~ prejudice to any other right or remedy the Contractor may have, by giving the OWner written
~, terminate the Conlracl
.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
Owner is in default of ....lIb....wal obligations If,
a) the Contract Administrator falls to issue certilicate& in lICCORlance with the provisions of Section
GC 8.0, Measurement and Payment;
b) the Owner falls to pay the c..."....h.... within 30 Days of the due dates identified in clause GC
, 8.02.03. Certification and Payment. the amounts certified by the Contract Admirdlsb.m..' or within
30 Days of an awan:I by an a1blb.... or COII't; or
c) the Owner violates the requirements of the Conlracl
.04 The Contractor's written notice to the OWner shaD advise that If the default is not correcIied In the 7
Days immediately foDowing the receipt of the written notice the eo. dl....a.. may, without prejudice to
any other right or remedy the Contractor may have, stop the Work or termilllIte 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 acco.dil.g to the Contract Documents
and for any losses or damage as the Contractor, may sustain as a result of the termination of the
Contract.
GC7,U
Notices by the Contractor
.01 aetore work is carried out which may affect the property or Operations of any Ministry or agency of
90vemment or any person, company, partnersl1ipor 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 presalbed 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 liles,
or other public or privately owned WOIts or property, the Contractor shaD immediately notify the
Owner and the Contract Administrator of the location and details of such damage or interference.
"- 32
OPS o.n.w ~.c.tIIw_ flI,Connct. Sl~t ..... _1188
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GC 7.12
Obstructions
.01 Except as othetwise noted in these General Conditions, the Contractor assumes all the risks and
responsibililies 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 theobsiruction isa 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 Contraclor or could have been determined by the
visual site investigation made by the Contractor in acoordance with these General Conditions.
.03 During the course of the Contract. it isthe'.Co.diaclol's'responsibility;\D;consulbwith Utility companies
'.; or other appropriate authorities for further;infonnationin.regartl;to;theex:acUocation .of these Utilities,
to exercise the necessary care in construction. operations; "and"io1ake -such oilier precautions as are
necessary to safeguartl the Ublity from damage.
GC 7.13
Umltations of Operations
.01 Except for such work as may be required by the ContraCt AdministratDrto maintain the Work in a safe
and satisfactory condition, the Contractor shall not carry on operations under the Contract on
Sundays without pennission in writing from the ContraCt Administrator.
.02 The Contractor shan cooperate with other Contractors, Utility companies and the Owner and they
shaD be allowed access to their work or plant at aD reasonable times.
GC 7.14
Cleaning Up Before AccepCance
. .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus malerials,
, tools, construction machinery and equipment not required for the pelfonllance of the remaining Work.
The Contractor shaH also remove aD 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 CompletiOlnmtiltheCo.fb....tu.. has removed surplus
materials, toots, construction machinery andequipmenl The Cuub....tu. shan also have removed
debris, other than that caused by the Owner, or others. .
GC7.1S
Warranty
.01 The Contractor shaD 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 Contraclor shall correct promptly, at no additional cost to the
Owner, defecls or deficiencles in the Work which appear,
a) prior to and during the period of 12 months from the date of SUbstantial Perfonnance of the Work,
as set out in the Certific;ate 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 Complelion Certificate, or
OPSOener8I~a/~.St.ll_l_
... 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 oorrec:t 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
GC 8.01
GC 8.01.01
Measurement
Quantities
.01 The Contract AdministralDr WIll make an estimate once a month, in writing, of the quantity of Work
perfonned. The first estimate will be the quantity of Work peIformed since the Contractor
commenced theConlract,. and every subsequent estimate; except the final one, WIll be of the. quantity
of Work performed since the preceding estimate was made. The ConlIactAdministrator 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 Certific;ateshaabe based on the measurement of Work
, completed.
.03 MeasUrement ofthequanlitiesof theWolk perfonnedwill beceilher,by~ Measurement or by
Plan Quantity pr'.1CipIes as ind'lCatedin tI1e'CoTilraCt:~ Ad'jlJslmentS<to:PIalrQuantity measurements
will normally be made using PlanQuantityprincip/es but may;where'aPlll'OPriate. be made using
Actual Measurements. Those'items identified on1he Tender by the notation (P) in 'the unit column
. shaD be paid accon:Iingto thef>lan Quantity. Items where the notation (1") does not occur shaH be .
paid according to Actual Measurement
GC 8.01.02
Variations In Tender Quantities
.01 Where it appears that the quantity of Work to be done' and/or Material to be supplied by the
Contractor under a unit price tender item wiH 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 wiD 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 ntlflotiate a revised unit price for that portion of the Work
perfonned andIor'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 shaD be based
on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus
a reasonable aDowance for profit and applicable overhead.
b) In the case of a Major Item where the'quantily'of'WorkperfomledandforMateriaI supplied by the
Contractor is less than 85% of the tender quantity, the Coub....tu.' may make a written request to
negotiate for the portion of the actuaJ:overheads'and. fixecf<costuppflC8ble to the amount of the
underrun in excess of 15% of the lander quantity;. For purposes of the'negotiation, the overheads
and fixed costs 'applicable to the item are deemed to' have. been procaled onlformly over 100% of
the tender quantity for the item. Overhead costs shaH be confinned by a statement certified by the
Contractor's senior financial officer or auditor and may be audited by the OWner. Alternatively.
where both parties agree, an allowance equal to 10% of the' unit price on the amount of the
underrun in excess of 15% of the tender quantity wiD be paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Certificate.
GC 8.02
GC 8.02.01
payment
PrIce for Work
.01 Prices for the Work shall be fuB compensation for all labour, Equipment and Material required in its
perfonnance. The term "aD labour, Equipment and Materlar shall include Hand Tools, supplies and
other incidentals.
OPS~ColldllIOI.ctColllNcl-~ 1899
"- 35
.02 Payment for work not specifically delailed as part of any one item and without specified details of
payment will be deemed to be included in the items with which it is associated.
GC 8.02.02
Advance Payments for Material
.01 The Owner will make advance payments for Material intended for incorporation in the Work upon the
written request of the Contractor and according to the following tenns and conditions:
a) The Contrador 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 stockpiIecI, shaD be assessed by the following procedure:
i. Sources Other Than Commercial
(1) Granular 'A', 'B' and 'M' shaI be assessed at the rate of 60% of the COntract price.
(2) COarse and fine aggregates for hot mix asphaltic cona ete, surface treatment and Portland
cement concrete shall be assessed at the rate of 25% of the Contract price for each
,,' aggregate stockpiled.
,~i ' Commercial Soun:es
....
..= Payment for separated coarse and fine aggregates will be considered at !he above rate when
'E' such materials are stockpiled at a con IIllelcial source where further processing is 10 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 malelials, unless oIhelWise specified elsewhere in the Contract. shall be
based on the irMllce price, and the Cordlactor shaD submit proof of cost to the Contract
Administrator before payment can be made by the Owner.
d) The payment for aU Materials shaH be PHl,,111tod against the appropriate tender item by paying for
sufficient units of the item to cover the value of the malel ial SUch payment shall not exceed 80%
of the Contract price for the item.
e) An Materials for which the co,dlactor wishes 10 receive advance payment shall be placed in the
designated storage location imrnediately upon receipt of the material and shall thenceforth be held
by the ConIractor in trust for the Owner as collateral security for any monies advanced by the
'Owner and for the due completion of the Worlt. The c...."""" shaI not exercise any act of
ownership inconsistent with such security, or rerncMl any Material from the storage locations,
except for inclusion in the Work, without the consent, in writing, of the Contract Adminislrator.
f) SUch materials shall remain at the risk of the co.dlaCll",' 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 shaI not constitute acoeptance of the Material by the Owner. Acceptance
" ~ only be determined when the material meets the requirements of the appropriate specilication.
GC 8,02.03 CertIfication and Payment
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GC 8.oU3.01
Progl'MS Payment CertIficate
.01 The value of the Work performed and Material supplied wiD be calculated once a month by the
Contract Admir~dll)( in accordance with the Contract Documents and ,clause GC 8.01.01,
Quantities.
.02 The progress Payment Certilicate wi. show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Materials;
d) the amount of statutory hokIback, liens, OWner's set.off;
e) the amount of GST as applicable; and
f) the amount due the COhbllCtol.
"- 36
opso..-~afConlract-SI.l ~_1_
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.03 One copy of the progress Payment Certificate wiD be sent to the Contractor.
.04 Payment will be made within 30 Days of the Cut-Off Date.
GC 8.02.03.02
Certification of Subcontract Completion
.01 Before the Wort 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 requiredinspeclion and testing of the works covered by the
subcontract have been canied out and the results are satisfactory. .
.03 The ContracfAdministrator wiD set out in the eeruf.cate ofSUbcontlact.Completion the date on which
the subcontract was completed and within'7 Days'of:the date:the:subconlract,is certlfieclcomplete,
the Contract Administrator will give a copy'ofthe cerlificate..to-the:Conbaclpr and:to the SUbcontractor
conoemed.
GC 8.02.03.03
Subcontract Statutory Holdback Release CertIficate and payment
.01 FoRowing receipt of the Cer1if.c..te of Subcontract CompIelion, the Owner will reIease.and pay the
Contractor the statutory holdback retained in respect of the subcontract.. SUch release shall. be made.
46 Days after the'date the subco.lb......was certified complete and providing ,the. eo..bactor,submits
the following to the Contract Administrator:
a) a documentScltb.fa..lu.y to the Contract Administrator that will re'us'i! the Owner from aI further
claims relating to the subcontract, qualified by stated exceptions such as holdback monies;
b) evidence satisfactory to the Contract Administrator that the SUbcontractor has discharged aU
liabilities Incurred in carrying out the sua:...o.lb~
c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and
d) a copy oftheconbact between the Contractor and the SubcoubaclDf and a salisfactory statement
showing the total amount due the Subcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d), wiD only apply to Lump Sum Items and then only when the Contract
Administrator specificaDy reqlJelIls it
.03 Upon receipt of the statutory holdback, the Conb aclor'shaII.forthwilhgive:the Subcontractor the
payment due under the subcontract.
.04 Release of statutory holdback by the Owner in respect of a- subcontract shaH not relieve the
Contractor. or the Contractor's Surety, of any of their responeibilities.
. GC 8.02.03.04
CertIfIcation of Substantial Performance
.01 Upon application by the Contractor and where the Contract has been substantially performed the
Contract Administrator will issue a Cerlificalt: 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 wiD provide a copy to the Contractor.
.03 Upon receipt of a copy of the Certificate of Substantial Performance. the Contractor shaH forthwith, as
required by Section 32(1) Paragraph 5 of the ConstI1IcIion Lien Act. R.S.a. 1990. c.C.3O. as
amended, publish a copy of the certiflC8te in a construction trade newspaper. Such publication shaU
include placement in the DaDy ComrneIciaI News.
OPSGenonIICcll_lIof~.Se,lllJ.""lllll9
~37
.04 Where the CoI,baclllr fails to publish a copy of the Certificale of SUbstantial Performance as required
above within 7 Days after receiving a copy of the certfficate 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 ~ay lien period
prior to the release of holdback as referred to in dause GC 8.02.03.05, Substantial Performance
Payment and S1atutory Holdback Release Payment Certificates, shall commence from the dale of
publication of the Certificate of SUbstantial Performance as provided for above.
GC-8.02.03.oS
Substantial Perfonnance Payment and Substantial Performance Statutory
Holdback Release Payment CertIficates
.01 When the Contract Administldtor issues the Certificate of Substantial Performance the Contract
- Administrator win also issue the SUbstantial Performance Payment Cer1ifica1e and the Substantial
Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined
;lr.ijyment certificate. ~
.,~'-'.'-'- ,
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.02 ,~SUbstantial Performance Payment ee. UrlWbe wiD show,
-if"thevalue of Work perfonned to the date of Substantial Performance;
b) the value of oulstanding or incomplete Work;
- c) the amount of the statutory holdback. alowing for any previous releases of statutory holdback to
the Contractor in respect of completed sub......dl....b. and deliveries of pre-selected equipment;
d) the amount of maintenance security required; and
e) the amount due the CoI,bador.
.03 . Payment of the amount cerlified wBl be made within 30 Days of the date of issuance of the payment
, oec1ificate.
.04 The Substantial Performance Statutory Holdback Release Payment Certificate wiD be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work pedolmed up to
the dale of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after
the dale of publication of the Certificate of Sut.s1a.tticol PerfonnallC8 but subject to the provisions of
the Construction Lien Act and the submi$sion by the Co! ,bactor of the following documents:
a) a release by the CoItbactol in a form satisfactory to the Contract Admiul$bdlur releasing the
Owner from aA further claims relating to the Contract, qualified by stated exceptions such as
outstanding wort or matlers arising out of s'dlsection GC 3.14, Claims, NegotlatioilS, Mediation;
b) a statutory declaration in a form salisfactory to the Contract Administrator that an Ilablities incurred
~by the ec...b-hn and the CoI,bactor's SUb.........-hn'S in carrying out the Contract have been
, disCharged except for statutory hoIdbacks properly retained; -
c) a salisfactory Certificate of Clearance from the WorlIpIace Safety and Insurance Board; and
-~proof of publication of the Cer1ifica1e of Substantial Performance.
-~n
GC 8.02.03.06
Certification of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract
Adminlsbator wiD issue a Completion Certificate.
.02 The Contract Administrator will set out in the Completion Certificate the dale on which the Work was
comp/eted and within 7 Days of signing the said certilicate the Contract Administrator will provide a
~ to~ Cullb....b.n.
P8ge38
OPSo...I CoIllIIIoMd~-llJpll_,_
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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 CeItilicale, the Conlracl Administrator will
also issue the Completion Payment Certificate and the Completion Statutory Holdback Release
Payment CertifICate or where appropriate, a combined payment certificate.
.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 WOIkcompleted over
and above the value of work completed shown in the Substanlial Performance Payment Certificate
referred to above; and
c) the amount due the Contractor.
.03 The Completion Statutory Holdback Release Payment.Certificate.wi\lb,e.':a payment ceitificate
'releasing to the Contractor the' fIM'ther statutory 'ooldbaclC Paymentotsuch,:statulDry holdback shan
be due 46 Days after the date of Completion'dtlMiWorkas-establlshedtby;:~pIetion.Cerlific.:ate
but subject to the provisions of the Construction Lien Actand1he'SUblllissiOh'1:Iy the ConIr8(ctor of the
following documents:
a) a release by the Cotm~ in a fonn satisfactOIy to the Conlracl Administrator releasing the
Owner from an further claims relating to the Contract, qualilied by slated exceptions where
appropriate;
b) a statutory decIal ation in a form satisfactOIy to theConlracl Administrator that an liabilities incurred
by the Contractor and the Contractor's SUbco"b6Clols in carrying out the Conlracl have been
discharged, qualilied by slated exceptions where appropriate; and
c) a satisfactory Cerlific.:ate of Clearance from the Workplace Safety and Insurance Board.
GC 8.02.03.08
Interest
.01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of
Interest
GC 8.02.03.09
Interest for Late Payment
.01 Provided the Co"b..ctu. has complied with the requirements of the Conlracl including an
documentation requirements. when payment by the Owner to the Contractor for Work pedonned, or
for release of statutory holdback, is delayed by the Owner,then the Contractor shaI be entitled to
receive interest on the outstanding payment at the Rate'oflnterest.'lfpaymenJ:is not received on the
dates set out below: '
a) Progress Payment Certificates: 30 Days after the Cut-Olf Date; ,
b) CertiIicate ofSUbcontracl Completion: . 30 Days after the datecerllfiedasthe date on,which the
subcontract was completed;
c) Suboonlracl Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
subool ,b <i.:t 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 CerIificate: 30 Days after the date certified as the date on which the
Conlracl 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 Conlrac:t. including aU documentation
requirements. prior to 8lCpir8tion of the time periods described in paragraph GC 8.02.03.09.01,
interest will only begin to accrue when the eo.,b actor has completed those requirements.
OPSa.n..tCond_dConlraCt-Slp_ ,_
P8ge 39
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 wiD pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the WOIk or on the amount of the setUed
claim. Such interest will not commence until 30 Days after the satisfactoly completion of that part of
the Work.
:JL ," .{~_.
.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 timelimil presaibed by subsection GC
, 3.14, Claims, Negotiations, Mediation, interest shall not be paid.
.04 ,~a C<x,boiCtor fails to comply with the 3lk1ay time limit and the procedures presaibed in
. Pi!la9taph GC 3.14.03.03 for submission of claims. interest shaD not be paid for the delay period.
--~. .
..;.;............,.-.
GC 8;02:03;11 Owner'll Set-Off
.01 . Pursuant to Section 12 of the Construction Lien Act, the Owner may relain from monies owing to the
Contractor under this Contract an amount sufficient to cover any oulstanding or disputed liabilities
including. the cost to remedy deliciencies, the reduction in value of substandard portions of the Work.
claims for damages by third parties which have not been delem1ined in writing by the Contractor's
instnr, 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 oIWOIkers.
.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
,
GC8~.01 DefInitions
u"...
.01 Foothe purpose of this clause the following definitions apply:
...... .
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 shaD not include any payment or oosts incurred for general supervision,
administration of management time spent on the entire WOIk 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 flom stock, and valued at current
market prices, for the purpose of carrying out Extra Work, by the Contrac:tor, or by others when such
arrangements have been made by the Coubactor for completing the Work, as shown by itemized invoices.
Operated Rented equipment: means Rented Equipment for which an openItor is provided by the
supplier of the equipment and for which the rent or lease tncIude8 the cost of the operalor.
Pelle .0
. OPS Genel8I ~ oI~' SejlleI....., 1899
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Payroll Burden: means the payments in respect of workplace insurance, vacation paY. employment
insurance, public liability and property damage insurance, sickness and accident insurance. pension fund
and such other welfare and benefit payments fonning part of the Co! ,bcl\.1u(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 Watenmain Work: means the preparation. construcIion, finishing, and construction
maintenance of sewer systems and watermain systems.. and includes aD work incidental thereto other than
work on structures.
Standby.TIIIIe:means any'period of time whichis'notcoIISideredWortcingXuli:f,-""lid which together with
the Working Tune does notexceed'10hours'.in,any;one'Working;0ay,andcdudngWl1ich time a unit of
. equipment cannot practically be used on other;.work.butJl'll1d'."".rdiD:oa.lbe'Site:norder to,COIltinue with
. its assigned 1askand during which time the unit is in fully operable condition.
Structure Work: means the construction. recons1ruclion. repair, alteration, remodeIUng, renovation or
, demolition of any bridge, building. tunnel or retaining waR and includes the preparation for and the laying of
the foundation of any bridge. building, tunnel or'retaining wan and the installalion of equipment and
appurtenances incidental thereto.
The 127 Rate: means the rate for a unit of equipment as Usted m'OPSS 127. Schedule of Rental Rates
for Construction Equipment Including Model and Specific;ation Reference, which is current at the time the
work is carried out or for equipment which is not so Usted, the rate which has been calculated by the
Owner, using the same principles as used in determining The 127 Rates.
Work on a 'Tune 1UId Material Basis: means Changes in the Work, Extra Work and Additional Work
approved by the Contract Administrator for payrrient.on a Tmeand Material basis. The Work on a Tune
and Material Basis she. be, subject to all the terms, conditions, specirlClllklllS .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 hows of each.immediateIy,foIlawingperlod during which
the unit is not so engaged but during which the operalion,is.otherwise'.proceediag.and during ,which time
the unit cannot practically be transferred to otherwork but must remain on the site in order to continue with
its assigned tasks and during which time the unit is in a fullyoperab/e condition.., .
GC 8.o2.D4.02
Dally Work Records
.01 Daily Work Records prepared as the case may be by either the Co!,ba..ll,,(s representative or the
. Contract Administrator and reporting the labour and Equipment erilpIoyed and the Material used on
each Tme and Material project, shall be reconciled and signed each day by both the Contractor's
representative and the Contract Administrator.
GC 8.02.04.G3
Payment for Work
.01 Payment as herein provided shan be full compensation for all labour, Equipment and Material to do
the Work on a Tme and Material Basis except where there is agreement to the contrary prior to the
commencement of the Work on a Tine and Material Basis. The payment adjustments on a Tune and
Material basis shall apply to each individual Change Order authorized by the Contract Administrator.
OPS caener.I eoo_.. af ~. S.pl._ 1898
Page 41
GC 8.02.G4.04
Payment for Labour
.01 The Owner will pay the Co..baclot for labour employed on each Tme 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 WOIk on a Time and Material Basis at
the Contracto~s actual cost of PayroU 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.o2.G4.os
payment for Material
.01 The Owner will pay the Contractor for Material used on each Tme and Material project at 120% of the
'~of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of
o"?$9000.
.'1IIll>"
Gca'Ji:04.06
Payment for equipment
GC 8.02.04.06.01
WorIdng TIme
.01 The Owner will pay the Contractor for the WorkIng Tme of aD equipment Clltler than Rented
Equipment and Operated Rented Equipment used on the WOIk on a Tme and Material basis at The
127 Rates with a cost adjustment as foIows:
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 $20,000.
.02 The Owner wiD pay the Contractor for the Working Time of Rented Equipment used on the Work on a
Trne and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a
maxirm.m of 1.10% of The 127 Rate. This constraint wiI be waived when the Contract Admlnisb ator
approves the invoice price prior to the use of the Rented Equipmenl
.03 The Owner wiD pay the Contractor for the WOIking Tme of Operated Rented Equipment used on the
Work on a Tme and Material Basis at 110% of the Operated Rented Equipment invoice price
approved by the Contract Administrator prior to the use of the equipment on the Work on a. TIme and
. MiteriaI Basis.
GC 8;03M;06.02
""
Standby Time
.01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periodS agreed to by .
the Contract Administrator. This will include Rented Equipment intended for use on other work, but
has been idled due to the circumstances 9iving rise to the Work on a Tme and Material Basis.
.02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the slandby period or during the period of idleness caused by
the cin:umstances giving rise to the WOIk on a TIme and Material Basis.
.03 The Contract Adminl$b ato." may require Rented equipment Idled by the cin:umstalloas giving rise to
the Work on TIme and Material Basis to be returned to the Iassor until the work requiring the
equipment can be rasumed. The Owner will pay such costs as rault from such retum.
"- 42
OPS~Condlllo,.clConnct-lleiIleo,_1_
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.04 When Equipment is transported. solely for the purpose of the Work on a Tme and Material Basis, to
or from the Working Area on a Tme and Material basis, payment will be made by the Owner only in
respect of the transporting units. When Equipment is moved under its own power it shall be deemed
to be working. The method of moving Equipment and the rates shall be subject to the approval of the
Contract Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 Notwithstanding any. other provision of this Section, .no .payment shaH 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 forWork.on aTme and Materiat Basis, or.a part of it, to be performed
. bySUbcontraclors.. on .a.Tme . and, Material .ba$is." and,..I\as~ed..apprxlV.at, prior to the
. 'convnencement.of:such.'.work;cin' accordance ~,,-requir.ements<~,GC 3.10,
. SubContracting bytheCoiltractor; the Owner will paythe'cost,ofWoi1t,ooe'Xme,an,d.jMaterial Basis
1)y'the Subcontractor calculated_if the Contractor had'donethe,~...Time;and,MaleriaJ 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.
.00-No further markupwil be applied regardless-of.the extent towhich.the work is assigned or sublet to
. : others. If work is;ilssignedor. sublet..to an associale, as defined bylhe Securities.Act no markup
whatsoever will be applied. .
GC 8.02.04.09
Submission of Invoices
.01 At the start of the Work'on a Tme and Material Basis, the Contractor .shaII.ll"O'Me.the applicable
. labour and Equipment rates not already submitted to.the Contract Administrator during the course of
such work.
.02 .Separat&summariesshaU be'completed by the Contractor according to theSlaodanl fo(m"Summary .
for Payment of Accounts on a Tme.and Material Basis".. Eachll!J/l'lll18rY.shaII include.the order
number and oovering dates of the work and shaD itemize.separateIy Iabour,MateriaIs.and Equipment
.Irwoicesfor Materials, Rented Equipment and other charges incurred by the Contr8ctor on the Work
on a Tme and Material Basis shl!II be included with eacb.summary'~'''''''''."... . ,.~,..~.,. ... ".
::03 Each month the Contract.AdmDslratorwiU incIude-witb themqnthly.,p:qg!!ll!S~~te. the
costs of the WOrk on a Tme and Material Basis incurred during' the preceding month all in
. accordance with the Ouo.bact administrative procedLnS and the' Conlracto(s invoice of the Work on a
Tme and Material BasIs. .
.04 The final "SummarY for Payment of Accounts on a TlITle and MaterIal Basis" shall be submitted by the
Contractor within 60 Days after the completion of the Work on a Tme and Material Basis.
GC 8.02.05
Final Acceptance Certificate
.01 Afler the . acceptance of the .WOrk .the Contract Administrator will issue the Final AcCeptance
Certificate, or, where applicable, after the Warranty Period has expired. The FmaI Acceptance
Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case
may be, and the COllbador has discharged all obUgalions under the Contract.
OPS 0ener0I Cond_ 0/ Conncl- Se,Ao.._l999
poge 43
GC 8.02.Cl6
Payment of Workers
.01 The Contractor shaD, 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 Contrador shaD maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. SUch Records shaD be of sufficient deta. to support the
total cost of the Work, Changes in the Work, and Extra Work. The Contractor shaD preselVe all such
" original Records until 12 months after the Final Acceplance certifICate is issued or until aD c1ains
have been seWed, whichever is longer. The Conbactor shaD require that Sub..u..b....h,,'S employed
by the Contractor preserve aD original Records pertaining to the Work, Changes in the Work, Extra
Work and claims arising thelefrom for a similar period of time.
.02 If, in the opinion of the Contract Administrator, Daly Work Records are required, such records shaD
report the labour and Equipment employed and the MaterIal used on any spec;i& portion of the Work.
The Daily Work Records shaD be recOIlCi/ed with and signed by the ContractoI'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 shaD supply .
certified copies of any part of it'S Records required whenever requeSted by the Owner.
GC 8.G2.08
Taxes and Duties
.01 Where a change in Canadian Federal or ProYinciaI taxes OCCUIS after the date of tender closing for
this Contract, and this change could not have been anticipated at the time of bidding, the Owner wiD
increase or decrease Contract peymenls to account for the exact amount of tax change involved.
.02 Claims for c:ompensation for adcfltional tax cost shaD be submitted by the Contractor to tile Contract
Administrator on fonns provided by the Contract Administrator to the Contractor. Such claims for
additional tax cos1s shaD be submitted not less than 30 Days after the date of Fmal Acceptance.
.03 Where the eo. olIactor benefits from a change in Canadian Federal or ProvincIal taxes, the Contractor
shan submit to the Contract Administrator, on fonns provided by the Contract Administrator, a
statement of such benefits. This statement shall be submitted not later than 30 Days after Final
Acoeptance.
.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 commodllies or the provision of such seMces is
carried out by the Contractor or a SUbcontractor, are subject to a claim or benefit as detailed above.
Services in the latter context means the supply and operation of equipment, the provision of labour
and the supply of commodities, which do not form part of the Work.
"- ...
OPS._eo. ".4ofConlnlc:l-$.:, ,_t899
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GC 8.02.09
Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the WorK
in accordance with the Contract, the Contractor shaD pay such amounts as are specified in the
Contract Documents.
OPS o.netol Concllllono d Conlt8C:\ - ~ ,-
Page 45
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