HomeMy WebLinkAbout2006-186
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006 -186
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Miller Paving
Limited, Whitby Ontario, to enter into agreement for the
Asphalt Resurfacing, Various Streets, Contract 2.
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, Miller Paving Limited, Whitby, 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
ASPHALT RE-SURFACING PHASE 2
VARIOUS STREETS-2006
CONTRACT NO. CL2006-50
AUGUST 2006
~!!!
architects
planners
TSH NO. 12-29590-02
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: MILLER PAVING LIMITED
of the Regional Municipality of Durham
hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
- and-
the CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Purchaser"
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or payments
specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies,
labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described
hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict
accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part
of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof
have been embodied herein.
Page I of3
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Contract No. CL2006-S0, Asphalt Re-Surfacing, Phase 2, Various Streets, 2006
A. TENDER FORM: General Pages] and 2
Itemized Bid Pages 3 to 6
Bonds
Schedule of Tender Data Page 8
B. STANDARD TERMS AND CONDITIONS Pages 1 to 9
C. SCHEDULE 'c' - CONTRACTOR'S SAFETY
D. INSTRUCTIONS TO TENDERERS Pages I to 5
E. SPECIAL PROVISIONS - GENERAL Pages 1 to 1]
F. SPECIAL PROVISIONS - TENDER ITEMS Pages] to 7
G. STANDARDS
H. PLANS: Map], Drawing]
1. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Municipality of Clarington
Specifications.
OPSSNo. Date OPSS No. Date OPSS No. Date OPSS No. Date
127 Current 314 Nov. 2004 353 Sept. 1996 570 Aug. 1990
128 Current 330 May. 1994 408 Nov. 2004 571 Nov. 2001
206 Nov. 2000 341 Nov. 2004 510 Nov. 2004 572 Nov. 2003
310 Nov. 2004 351 Nov. 2005 532 June 1991 334 Nov. 2000
J. GENERAL CONDITIONS: OPS General Conditions of Contract (September ]999)
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 December 1, 2006. Any top lift asphalt must be completed by
November ]5,2006 as per Municipality ofClarington specifications.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor
for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 of3
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED and sealed by the Contract
in the presence of
LIMITED
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Date
SIGNED and sealed by the Purchaser: CORPORATION OF THE
MUNIC ALITY OF CLARINGTON
in the presence of
P/2959o..02/Specs/29590-02-AGR.doc
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P/12~29590-02/SpecsI21784- TF-Signing.doc
TENDER FOR CONTRACT NO. CL2006-50
ASPHALT RE-SURF ACING, PHASE 2, VARIOUS STREETS,
2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
TSH
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A5G6
Telephone: 905-372-2121 Fax: 905-372-3621
MILLER PAVING LIMITED
Name
4615 Thickson Road North
WHITBY. Ontario. LlM 1B5
Address (include Postal Code)
905-655-38891905-655-8748
Telephone and Fax Numbers
Scott Bovle
Name of Person Signing
Manager
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality ofClarington
40 Temperance Street
BOWMANVILLE, Ontario.
LlC 3A6
Page I of 8 pages
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TENDER CONTRACT NO, CL2006-50
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2006-50
Asphalt Re-Surfacing, Phase 2, Various Streets, 2006
Dear Mayor and Members of Council:
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as
part of the work to be done under this Contract. The Contractor understands and accepts the said Plans,
Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all
machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in
the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and
Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are subject to
increase, decrease, or deletion entirely if found not to be required.
Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made
payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the
Authority if the successful Contractor fails to file with the Authority a ]00"10 Performance Bond, and a 100%
Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of
receipt of Notice of Acceptance of the Tender.
Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed
to the Contractor at the address contained in this Tender.
Page 2 of 8 pages
I ITEMIZED BID
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CONTRACT NO. CL2006-5O
In accordance with the fIrst paragraph of this Tender, the Contractor hereby offers to complete the work specifIed for Contract
No. CL2006-50 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Paymeut Item
Municipality ofClarington Design Guidelines and Standard Dnwings
Item
No, Spec No. Description Unit Quantitv Unit Price Total
SECTION 'A' - CONCESSION ROAD 6 - TOWNLINE ROAD TO RR 34
A] MOC,31O Hot Mix H.1..-3, (50 mm) t 2,300 76.25 ] 75,375.00
SP
A2 MOC,3]O Hot Mix H.1..-3 - Driveways, (50 mm) t 16 176.80 2,828.80
SP
A3 MOC,314 Granular 'A' (] 50 mm Depth) t 4,100 20.49 84,009.00
SP
A4 MOC,3l4 Granular 'A' - Shouldering t 1,500 20.66 30,990.00
SP
AS 330 In-place Full Depth Reclamation of m2 13,812 1.08 14,916.96
SP Bituminous Pavement and Underlying
Granular
A6 42] Provisional m 40 ]47.85 5,9]5.60
SP Remove and Replace Entrance Culvert -
450 mm CSP
A7 421 Provisional m 12 351.28 4,215.36
SP Supply and Place New Culvert - 600 mm
CSP (Includinl! Frost TaDer)
A8 421 Repair and extend - 600 mm CSP m 1 488.52 488.52
SP l'Includinl! Collar)
A9 206 Ditching hrs 30 258.10 7,743.00
SP a) Gradall
b) Triaxle Dump Truck hrs 30 90.77 2,723.10
AIO SP Provisional ea 12 56.54 678.48
Adiustment of Mail Boxes
All MOC, 570 Topsoil (Imported and/or On-Site m2 4,000 5.05 20,200.00
572, SP Material) and Seedinl!
Sub-Total, Section 'A' 350,083.82
SECTION 'B' - KEN HOOPER FIREHALL PARKING EXPANSION, BOWMANVILLE (Options 4,1, repairs)
Bl MOC, 206 Earth Excavation (Grading) m3 378 deleted
SP (P)
B2 MOC,3]0 Hot Mix H.1..-3, (40 mm) t 110 deleted
SP
B3 MOC,3]0 Hot Mix H.1..-8, (50 mm) t 115 deleted
SP
B4 MOC,314 Granular 'A' (]50 mm Depth) t 350 deleted
SP
B5 MOC,3]4 Granular 'B' (300 mm Depth) t 400 deleted
SP
Page 3 of 8 pages
I ITEMIZED BID
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CONTRACT NO. CL2006-S0
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2006-50 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this colunm refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of Clarington Design Guidelines and Standard Drawings
Item
No, Spec No. Description Unit Ouantitv Unit Price Total
B6 MOC,353 Concrete Curb and Gutter (All Types) m 62 deleted
SP
B7 408 Adjust Maintenance Hole and Catch ea I deleted
SP Basins
B8 SP Relocate Light Stand ea 1 deleted
B9 SP Remove and Salvage Automatic Gate LS deleted
BIO 510 Removal of Asphalt (Full Depth) m' 315 deleted
SP
BIl 510 Removal of Curb and Gutter m 59 deleted
SP
B12 MOC, 570 Topsoil (Imported) and Sod (Nursery, m 215 deleted
571, SP ullStaked)
B13 532 Line Painting - 100 mm White Parking m ]44 deleted
SP Stalls
Sub- Total, Section 'B' -
SECTION 'C' - MEARNS A VENUE SOUTH - BASELINE ROAD TO NORTH LIMIT
Cl MOC,3]0 Hot Mix H.L.-3, (40 mm) t 2]0 84.06 17,652.60
SP
C2 MOC,3]0 Hot Mix H.L.-3 - Driveways, (40 mm) t 40 188.50 7,540.00
SP
C3 MOC,3l0 Hot Mix H.L.-8, (50 mm) t 260 76.41 ]9,866.60
SP
C4 MOC,310 Hot Mix H.L.-8 - Driveways, (40 mm) t 50 183.13 9,156.50
SP
C5 MOC,3]4 Granular 'A' (100 mm Depth) t 700 23.70 16,590.00
SP
C6 MOC,3]4 Granular 'A' - Shouldering t 240 25.00 6,000.00
SP
C7 330 In-place Full Depth Reclamation of m' ],820 5.62 10,228.40
SP Bituminous Pavement and Underlying
Granular
C8 334 Recycled Asphalt - Driveways, (50 mm) t 26 175.90 4,573.40
SP
C9 408 Adjust Maintenance Hole and Catch ea I 1,483.16 1,483.16
SP Basins
CIO 42] Provisional m 36 150.12 5,404.32
SP Remove and Replace Entrance Culvert -
400 mm CSP
Cll 421 Repair and extend - 400 mm CSP m 6 418.20 2,509.20
SP (Including Collar)
Page 4 of 8 pages
I ITEMIZED BID
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CONTRACT NO. CL2006-S0
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2006-50 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of Clarington Design Guidelines and Standard Drawings
Item
No. Spec No, Description Unit Quantitv Unit Price Total
e]2 42] Provisional m 14 271.52 3,801.28
SP Remove and Replace Road Culvert - 400
mm CSP (Includinl! Frost Taner)
C13 421 Supply and Place New Culvert - 400 mm m 40 326.94 13,077.60
SP CSP (East Ditch Opposite Main Loading
Docks)
CI4 MOC, 570 Topsoil (Imported) and Sod (Nursery) m2 240 8.82 2,116.80
571, SP
C15 206 Ditching hrs 20 258.10 5,162.00
SP a) Gradall
b) Triaxle Dump Truck hrs 20 90.77 1,815.40
Sub-Total, Section 'C' 126,977.26
SECTION 'D' - SIMPSON AVENUE - BASELINE ROAD TO SOUTHW A Y DRIVE, BOWMANVILLE
DI MOC,310 Hot Mix, H.L.-3, (40 mm) Including Tack t 275 87.19 23,977.25
SP Coat
D2 MOC,3l0 Hot Mix, H.L.-3, (50 mm) Including Tack t 200 87.64 ] 7 ,528.00
SP Coat
D3 MOC,3l0 Hot Mix H.L.-3 - Driveways, (50 mm) t 65 176.80 11,492.00
SP
D4 MOC,310 Hot Mix H.L.-8, (50 mm) t 140 79.51 11,131.40
SP
D5 MOC, 310 Hot Mix H.L.-8, (100 mm Base Repair as t 60 95.86 5,751.60
SP Required)
D6 MOC,3]4 Granular 'A' (50 mm Depth) t 165 25.75 4,248.75
SP
D7 MOC,314 Granular 'A' . Shouldering t 175 24.30 4,252.50
SP
D8 310,510 Cold Mill Existing Asphalt (Full Depth) m2 1,193 6.92 8,255.56
SP
D9 310,510 Cold Mill Existing Asphalt (45 mm 2 1,449 10.83 15,692.67
m
SP Denth)
DlO SP Crack Repair with Small Grinder m 350 21.71 7,598.50
Dll 408 Adjust Water Valves ea 1 592.34 592.34
SP
Dl2 MOC, 570 Topsoil and Sod (Nursery) m2 300 8.82 2,646.00
57], SP
Page 5 of 8 pages
I ITEMIZED BID
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CONTRACT NO. CL2006-50
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2oo6-50 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this colunm refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Municipality ofClarington Design Guidelines and Standard Drawings
Item
No, Spec No, Descrlntion Unit Quantitv Unit Price Total
DB 206 Ditching hrs 16 261.57 4,185.12
SP a) Gradall
b) Triaxle Dump Truck hrs 16 90.77 1,452.32
Dl4 532 Line Painting - 100 mm Yellow Centre m 546 6.30 3,439.80
SP Line
Sub-Total, Section 'D' 122,243.81
SECTION 'E' - STATION STREET TOPLIFf, ORONO
E] MOC,310 Hot Mix, H.L.-3, (40 mm) Including Tack t 400 86.32 34,528.00
SP Coat
E2 MOC, 353 Concrete Curb and Gutter (All Types) m 32 204.61 6,547.52
SP
E3 408 Adjust Maintenance Holes, Catch Basins ea 22 964.05 21,209.10
SP and Water Valves
E4 510 Removal of Curb and Gutter m 32 89.71 2,870.72
SP
Sub- Total, Section 'E' 65,155.34
SUMMARY: Sub-Total, Section 'A' - Concession Road 6 350,083.82
Sub-Total, Section 'B' - Ken Hooper Firehall deleted
Sub- Total, Section 'C' - Mearns A venue South 126,977.26
Sub- Total, Section 'D' - Simpson Avenue 122,243.81
Sub-Total, Section 'E' - Station Street 65,155.34
Total (excludim. GSn $ 664,460.23
GST (6% of Total) $ 39,867.61
TOTAL TENDER AMOUNT $ 704,327,84
Tenderer's GST Registration No. R122497878
P IIZ-29590-02ISpecslltemBid-Signing.xls
Page 6 of8 pages
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AGREEMENT TO BOND (to be comoleted bv Bondinl! Comoanv)
CONTRACT NO, CL2006-50
Bond No.: TS-803721-254
Tender Date: August 24th, 2006
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
MILLER PAVING LIMITED
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 (] 00%) of the Total Tender amount, and
confomUng to the Instruments of Contract attached hereto, for the full and due performance of the works shown or
described herein, if the Tender for Contract No.CL2006-50 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 Toronto
this
2006
22nd
day of
August
The Guarantee Comoanv of North America
Name of Bonding Company
A.M. Sheehan
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
Attornev-in-fact
Position
(This Form shall he completed and attached to the Tender Submitted).
Page 7 of 8 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2006-50
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General Pages] and 2
Itemized Bid Pages 3 to 6
Agreement to Bond Page 7
Schedule of Tender Data Page 8
B. STANDARD TERMS AND CONDITIONS Pages 1 to 9
C. SCHEDULE 'C' - CONTRACTOR'S SAFETY
D. INSTRUCTIONS TO TENDERERS Pages] to 5
E. SPECIAL PROVISIONS - GENERAL Pages I to 11
F. SPECIAL PROVISIONS - TENDER ITEMS Pages] to 7
G. STANDARDS
H. PLANS: Map 1, Drawing 1
1. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Municipality ofClarington
Specifications.
OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date
127 Current 314 Nov. 2004 353 S t.1996 570 Au . 1990
128 Current 330 Ma . 1994 408 Nov. 2004 571 Nov. 2001
206 Nov. 2000 341 Nov. 2004 510 Nov. 2004 572 Nov. 2003
310 Nov. 2004 351 Nov. 2005 532 June 1991 334 Nov. 2000
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 signature hereunder, I/we hereby identifY this as the Schedule of Tender Data, Plans and Specifications,
for Contract No. CL2006-50, executed by me/us bearing date the 2. 7 day of 9C,Pr, 2006 andWauve fully
read all related docu e ts to tender data as listed above. .
SIGNATURE:
POSITION: MAISIo!\GER ~
;...-"
NAME OF FIRM: MILLER PAVING LIMITED
(COMP ANY..SE;\!-). .
Privacy Le2islation
Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that we
. have obtained the CONSENT or any and all employees whose personal information we have supplied to the owner in this tender. This
personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional
designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent)
for the purpose of evaluating our bid. In the event that the tender is successful, this personal infonnation may also be used in project
administration, for contact purposes.
This is Page 8 of 8 Pages to be submitted as the Tender Submission for Contract No. CL2006-50.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-S0
STANDARD TERMS AND CONDITIONS
P/29590-02/Specs/Standard Terms and Conditions.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.
. Oause 8 of the "Standard Terms and conditions" shall be superceded by Clause 7,
"Payments" of the "Special Provisions - General" Section of the Contract.
. Clause ]5 ofthe "Standard Terms and conditions" shall be superceded by Clause ],
"Guaranteed Maintenance" of the "Special Provisions -General" Section of the
Contract.
. Clause ]6 of the "Standard Terms and Conditions" is not applicable to this Contract.
. Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause
6.03.02 of the OPS General Conditions of Contract (September ]999) which requires a
$5,000,000.00 liability coverage.
. Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 17 ,
"Workplace Hazardous Materia]s Information System (WHMIS)" of the "Special
Provisions - General" Section of the Contract..
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STANDARD TERMS AND CONDITIONS
2
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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, finn or corporalion submitting a bid to the Municipality.
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Company - The person, contractor, finn or corporation to whom the Municipality has awarded the
contract, it successors and assigns.
Contract - The purchase order authorizing the company to perfonn the work, purchase order
alterations, the document and addenda, the bid, and surety.
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Subcontractor - A person, finn or corporation having a contract with the company for, or any part of,
the work.
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Document - The document(s) issued by the Municipality in response to which bids are invited to
perform the work in accordance with the specmcations contained in the document.
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Bid - An offer by a Bidder in response to the document issued by the Municipality.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be
done, furnished or perfonned by the company, which are subject to the Contract.
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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 fonn(s} and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier
envelopes or other coverings.
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The bid must be signed by a designated signing officer of the Bidder.
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If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing
must be initialled by the Bidder's authorized signing officer.
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The bid must not be restricted by a covering letter, a statement added, or by alterations to the
document unless otherwise provided herein.
2. SUBMISSION OF BID (cont'd)
Failure to return the document or invitation may result in the removal of the Bidder <rom the
Municipality's bidder's list.
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A bid received after the closing date and time will not be considered and will be returned, unopened.
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Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
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STANDARD TERMS AND CONDITIONS
3
3.
CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are named above,
notwithstanding the chronological order in which they are issued or executed.
The intent of the contract is that the Company shall supply work which is fit and suitable for the
Municipality's intended use and complete for a particular purpose.
None of the conditions contained in the Bidder's standard or general conditions of sale shall be of
any effect unless explicitly ag reed to by the Municipality and specifically referred to in the purchase
order.
4.
CLARIFICATION OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shall be
requested through the Municipality's contact identified in the document. Any such clarification so
given shall not in any way alter the document and in no case shall oral arrangements be considered.
Every notice, advice or other communication pertaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5.
PROOF OF ABILITY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date.
6.
DELIVERY
Unless otherwise stated, the work speCified in the bid shall be delivered or completely performed by
the Company as soon as possible and in any event within the period set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of
the delivery ticket or piece tally thereof.
Work shall be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shall be as specified in
the contract
Time shall be of the essence of the contract
7.
PRICING
Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract
Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to
the full requirements of the bid. No claims for extra work will be entertained and any additional work
must be authorized in writing prior to commencement Should the Company require more
information or clarification on any point, it must be obtained prior to the submission of the bid.
Payment shall be full compensation for all costs related to the work, including operating and
overhead costs to provide work to the satisfaction of the Municipality.
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STANDARD TERMS AND CONDITIONS
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, ~ shall
arrange ~s shipping procedures so that its agent or representative in Canada is the importer of
record for customs purposes.
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Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of
Canada or the Province of Ontario become directly applicable to work specified in this document
subsequent to its submission by the Bidder and before the delivery of the work covered thereby
pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the
price of work shall be made to compensate for such changes as of the effective date thereof.
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8.
TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work.
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Payments made hereunder, including final payment shall not relieve the company from its
obligations or liabilities under the contract.
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Acceptance by the company of the final payment shall constitute a waiver of claims by the company
against the Municipality, except those previously made in writing in accordance with the contract and
still unsettled.
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The Municipality shall have the right to withhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction
ofi!.
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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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ALTERNATES
Any opinion with regard to the use of a proposed altemate determined by the Municipality shall be
final. Any bid proposing an altemate will not be considered unless otherwise specified herein.
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11.
EQUIVAI.ENCY
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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17.
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STANDARD TERMS AND CONDITIONS
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13.
FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entiUed to request of the Company to furnish reasonable evidence that financial
arrangements have been made to fulfill the Company's obligations under the Contract.
14.
LAWS AND REGULATiONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and its perfonnance. The company shall be responsible for ensuring
similar compliance by suppliers and subcontractors.
The contract shall be governed by and interpreted in accordance with the laws of the Province of
Ontario.
15.
CORRECTION OF DEFECTS
If at any time prior to one year after the actual delivery date or completion of the work (or specified
warranty/guarantee period if longer than one year) any part of the work becomes defective or is
deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the
requirements of the contract, the company, upon request, shall make good every such defect,
deficiency or failure without cost to the Municipality. The company shall pay all transportation costs
for work both ways between the company's factory or repair depot and the point of use.
16.
BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions,
if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the
Municipality for its decision in this regard.
Bids shall be irrevocable for 90 days after the official dosing time.
The placing in the mail or delivery to the Bidde(s shown address given in the bid of a notice of award
to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to
the extent described in the notice of award.
DEFAULT BY COMPANY
a. If the company: commits any act of bankruptcy: or if a receiver is appointed on account of
its insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of its creditors: then, in any such case, the Municipality may,
without notice: tenninate the contract.
b.
If the company: fails to comply with any request, instruction or order of the Municipality: or
fails to pay its accounts; or fails to comply with or persistently disregards statutes,
regulations, by-laws or directives of relevant authorities relating to the work: or fails to
prosecute the work with skill and diligence: or assigns or sublets the contract or any portion
thereof without the Municipality's prior written consent: or refuses to correct defective work:
or is otherwise in default in carrying out its part of any of the tenns, conditions and
obligations of the contract, then, in any such case, the Municipality may, upon expiration of
ten days from the date of written notice to the company, tenninate the contract.
c.
Any tennination of the contract by the Municipality, as aforesaid, shall be without prejudice
to any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto.
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STANDARD TERMS AND CONDITIONS
6
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d.
If the Municipality terminates the contract, it is entiOed 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
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The Municipality shall have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation,
the Municipality and the Company may negotiate a seOlement. 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 compiete 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 stricOy 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 oonstrued to imply relief of the company from its obligations under the
contract.
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Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
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21. SURETY
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to
satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or
money order or other form of surety, in an amount determined by the Municipality. This surety may
be held by the Municipality until 60 days after the day on which all work covered by the contract has
been completed and accepted. The surety may be retumed before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in canying out
the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB -
Workplace Safety Insurance Board has been received.
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The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy
fidelity bonding requirements by proViding such bonding in an amount and form determined by the
Municipality.
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Failure to 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
7
22.
WORKPLACE SAFETY AND INSURANCE BOARD
All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety
and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status
as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing
from the Workpiace 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 letter from the Workplace
Safety & Insurance Board confirming independent operator status and identification number. To
obtain this, contractors must complete the form "Determining workerllndependent Operator status",
issued by the Workplace Safety & Insurance Board. (For more information, please contact your
local Workpiace 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 ~ 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 behaif of the Company. A certified copy of such policy or certificate shall be
provided to the municipality prior to commencement of the work. Further certified copies shall be
provided upon request.
24.
LIABILITY
The company agrees to defend, fully indemnify and save harmless the Municipality from all actions,
suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury
including death to any person and all damage to any property which may arise directly or indirectly
by reason of a requirement of the contract, save and except for damage caused by the negligence of
the Municipality or its employees.
The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality
or any of its employees shall be made a party to any charge under the Occupational Health and
Safety Act in relation to any violation of the Act arising out of this contract.
25.
VISITING THE SITE
The Company shall carefully examine the s~e and existing building and services affecting the proper
execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions.
No claim for extra payment will be allowed for work or difficulties encountered due to conditions of
the site which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respect.
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STANDARD TERMS AND CONDITIONS
8
26. SAFETY
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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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Wllhout limiting the generality of the foregoing, the Company shall satisfy all statutory requirements
imposed by the Occupational Health and Safety Act and Regulations made thereunder. on a
contractor, a Constructor and/or Employer with respect to or arising out of the performance of the
Company's obligations under this Contract.
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The Company shall be aware of and conform to all goveming regulations including those established
by the Municipality relating to employee health and safety. The Company shall keep employees and
subcontractors informed of such regulations.
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The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied
Hazardous Materials.
27.
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UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating
to the work. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
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28.
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SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend performance by the company from
time to lime of any part or all of the work for such reasonable period of time as the Municipality may
determine.
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The resumption and completion of work after the suspension shall be govemed by the schedule
established by the Municipality.
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29.
CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
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30. CONFLICT OF INTEREST
31.
32.
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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MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPAl
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All correspondence, documentation, and information provided to staff of the Municipality of Clarington
by every offerer, including the submission of proposals, shall become the property of the Municipality,
and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and
may be subject to release pursuant to the Act.
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Offerers are reminded to identify in their proposal material any specific scientific. technical,
commercial, proprietary, or similar confidential information, the disclosure of which could cause them
injury. Complete proposals are not to be identified as confidential.
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CRIMINAL BACKGROUND CHECKS
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'The successful service provider covenants and agrees to provide the Municipality of Clarington, or
such other entity as the Municipality may designate, with written consent to perform a criminal
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STANDARD TERMS AND CONDITIONS
9
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background check including Criminal Code (Canada) convictions, pardoned sexual offences,
records or convictions under the Controiled Drugs and Substances Act, Narcotics Control Act and
Food and Drugs Act and ail outstanding warrants and charges for every individual who may come
into direct contract with youth or who are pennitted entrance to private or restricted areas or
residences. This wiil be done at no cost to the Municipality and any such requested document wiil
be submitted to the Municipality in its true fonn in advance of commencement of work.
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The Municipal issued identification card must be worn when individuals are at a site where there is
direct contact with youth or where access to any private or restricted area is anticipated. The
Municipal identification card is valid for the tenn of the contract only or a one year tenn, whichever
comes first. Under the tenns of the contract, the Municipality has the sole and unfettered discretion
to prohibit an individual from coming into direct contact with youth or entering a private or restricted
area on a regular basis and to tenninate the contract if the bidder/partner fails to obtain or renew
the Municipal identification cards according to Municipai policy and procedure.
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The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately
and unilateraily and without penalty to the Municipality should the service provider fail to provide
the required documentation or otherwise adhere to this procedure. "The Chief Administrative
Officer has the final say in detennining any final action."
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-S0
SCHEDULE 'c'
P/295 9O-02ISpecs/29 5 90-02 -Schedule (C).doc
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE
POLICY:
Contraclors and Sub-contractors are responsible to ensure that their personnel are
updated on all safely concerns of the workplace and are aware of the safely
requirements as required by the Conlractor under the Occupational Health and Safely
Act Safety performance will be a consideration in the awarding of contract Under the
Occupational Health and Safely Act (Section 23 (1), (2)), it is the constructor's
responsibilily 10 ensure that:
. the measures and procedures prescribed by the Occupational Health and Safety
Act and the Regulations are carried out on the proiect;
. every employer and every worker performing work on lhe proiect complies with
the Occupational Health and Safely Acl and the Regulations (under the Act); and
. the health and safety of workers on the proiect is protecled.
. 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
informalion 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, whelher public or private, including,
.
the construction of a building, bridge, struclure, industrial establishment, mining
plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway,
parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph,
telephone or electrical cable, pipe line, duct or well, or any combination thereof,
.
the moving of a building or structure, and
any work or undertaking, or any lands or appurtenances used in connection with
construction.
Construction - includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, trenching,
digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant,
and any work or undertaking in connection wilh a project
SCHEDULE(C
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Constructor - means a person who undertakes a project for an owner and includes an
owner who undertakes all or part of a project by himself or by more than one employer.
Project Manager - means the municipal management representalive 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
lender/quotations, a copy of the above-mentioned list. The Iisl of designated
substances/hazardous malerials 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 thaI will be brought onto
the work sile and material safety data sheets.
d) Before awarding a contract, contractor(s) will be required to complete and sign
the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will
maintain all contractors safety performance records.
e) As part of the tender/quotation conditions, before award of a contract, the
contractor will be required to provide proof lhat 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 projecl 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 Inslruction Checklist to be
completed (see Compliance page 9).
h) Before the slart of the assignment, the following documentation will be provided
to lhe successful conlractor, by the project manager or delegate.
i) Copies of the Municipal Corporate Health and Safety Program
ii) Departmental health and safety policies
iii) Workplace procedures regarding health and safety practices.
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
i) The conlractor has the responsibility 10 provide any and all prescribed personal
prolective equipment for their own workers, to include as a minimum but not
limited to hard hats and safety boots. If a worker(s) fails 10 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 conlractors' work if any of the previously
mentioned items are nol in compliance. Similarly, the Municipality will have the
right to issue warnings and/or to stop work if there are any violations by lhe
contractor of the Occupational Health and Safety Act, Municipal Health and
Safety programs, policies, rules, and/or if the contractor creates an unacceplable
health and safety hazard. Written warnings and/or stop work orders can be given
to conlractors using Contraclor Health and Safety Warning/Stop Work Order
Form (Schedule "B").
k) Where applicable, the Municipalily 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 currenl certificates of clearance until all
monies owing have been paid to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the
project manager or designate. This will include identification, evaluation and
control practices and procedures for hazards and follow-up and issuing of
Contractor Health and Safety Warning/Stop Work Orders.
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
To Contractor(s):
The Municipality of Clarington is committed to a healthy and safe working environment for all
workers. To ensure the Municipal workplace is a heallhy and safe working environment,
contractors, constructors and subcontraclors must have knowledge of and operate in
compliance with the Occupational Health and Safety Act and any other legislation pertaining to
employee health and safety.
In order to evaluate your company's health and safety experience, please provide the
accident/incident and/or Workplace Safety and Insurance Board (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 #? (CAD-?) 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 wamings or orders in the last two
years? (If the answer is yes, please include lhe infraction).
. Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
(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. l!we will work safely wilh 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
subcontraclors and their employees,
a) are aware of their respective duties and obligations under the
Occupational Heallh and Safety Act, as amended from time to time, and
all Regulations thereunder (the "Acf'); and
b) have sufficienl knowledge and training to perform all matters required
pursuant to this conlracVtender safely and in compliance with the Act.
2. In the performance of all matters required pursuant to this contracUtender, 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 ils 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 conlractor/tender.
5.
No acl 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 lhe 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 mallers
required pursuant to this contracVlender;
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and cosls 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 lhe contractor/successful tenderer or any
of its employees, its subcontractors or their employees in the
performance of any matter required pursuant to this contract/lender; and
c) from any and all charges, fines, penalties, and costs that may be incurred
or paid by the Municipality (or any of its council members or employees)
shall be made a party to any charge under lhe Act in relation to any
violalion of the Act arising out of this contract/tender.
........ ..;$.~.L.J......3o.y..LE.........W\WER...9A\;~.G.....
Con acto Name of Person Signing for Contractor
..,....................,5'6Pr~.~?!00
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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 10 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)
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SCHEDULE (C) I
CONTRACTOR SAFETY
DATE & TIME OF INFRACTION: I
DESCRIPTION OF INFRACTION INCLUDING LOCATION: I
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ORDER GIVEN BY MUNICIPALITY:
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DID THE CONTRACTOR COMPLY WITH THIS ORDER?
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DATE & TIME OF COMPLIANCE: I
ISSUED TO:
CONTRACTOR'S EMPLOYEE TITLE I
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
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PART "C" - ADDITIONAL COMMENTS I
THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS
SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME I
WORK RESUMED, FURTHER ACTION TAKEN. ETC.
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S/AdminIFonns & SpecslClarington/Policy-MOC I
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO, CL2006-50
INSTRUCTIONS TO TENDERERS
P/I2-29590-02/Specs/21787-IT.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO, CL2006-S0
CLAUSE
SUBJECT
PAGE
1. GENERAL................... ......... ............................................_....._.... ......... ..............._............................................... 1
2. BLANK FORM OF TENDER ..................................................._..................._._.._............................................... 1
3. TENDER DEPOSITS .. ............................................................................. .................................................... ....... I
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
] I. COMMENCEMENT OF WORK........................................................................................................................ 3
12. LOCATION ............ ..................................._............................................................ ............ .......................... ....... 3
13. SOILS INFORMATION AND CROSS-SECTIONS ..........................................................................................3
14. TENDERERS TO INVESTIGATE..................................................................................................................... 4
]5. INQUIRIES DURING TENDERING ......................................................................._.................................._...... 4
] 6. AWARD OF THE CONTRACT .._....._.................................................................._...._..........................._............4
] 7. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR................._ 4
18. ADDENDA..........................................................................................................................................................4
] 9. UTILITIES... ........... ....................................... ................................................................................................... ... 5
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO, CL2006-S0
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2006-50" will be received until:
2:00:00 P.M., LOCAL TIME, THURSDAY, AUGUST, 24, 2006
and shall be addressed to:
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. L1 C 3A6
2.
BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested
shall be shown in the tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
Total Tender Amount
Minimum DepO$it
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
20,000.0] to 50,000.00
50,000.0] to 100,000.00
100,000.01 to 250,000.00
250,000.0 I to 500,000.00
500,000.0] to ],000,000.00
1,000,000.01 to 2,000,000.00
2,000,000.0] 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. CL2006-50
2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material Payment
Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his
faithful performance of this Contract and his fulfillment of all obligations in respect of
maintenance and payment for labour and materials used on this work.
Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
5. RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender should it be
deemed to be in its best interest to do so.
Tenders which are incomplete, conditional or obscure, or which contain additions not called for,
erasures, alterations, or irregularities of any kind, may be rejected as informal.
Tenders will not be accepted unless submitted in the envelopes provided.
6. UNACCEPTABLE TENDERS
Each itern 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. CL2006-50
3.
9. GOODS AND SERVICES TAX (GST)
The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services
Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in
addition to the amount certified for payment and will therefore not affect the Contract unit prices.
10. EXECUTE CONTRACT DOCUMENTS
Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent of the successful Tenderer.
The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within 10 calendar days of receipt of notification of Acceptance of Tender.
Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract to
one of the other Tenderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site within 7 calendar days of the official
commencement date as specified in the written order issued in accordance with GC7.0 1.02 of the
General Conditions.
12. LOCATION
Section A - Concession Road 6 - Townline Road to RR #34 Courtice
Section B - Ken Hooper Firehall Parking Expansion, Bowmanville
Section C - Mearns A venue South, - Baseline Road to North Limit Bowmanville
Section D - Simpson Avenue, - Baseline Road to Soper Court, Bowmanville
Section E - Station Street - Main Street to Cobbledick Street, Orono
13. SOILS INFORMATION AND CROSS-SECTIONS
A geotechnical investigation has been undertaken on behalf of the Authority at Concession
Road 6 and Mearns A venue South. A copy of the Geotechnical Report is available for review at
the offices of TSH upon request. The results provided are for information only and are not
guaranteed by the Authority_
No design cross-sections have been prepared for this Contract.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-S0
4.
14. TENDERERS TO INVESTIGATE
Tenderers must satisfY themselves by personal examination of the site and by such other means
as they may prefer as to the actual conditions and requirements of the work.
The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
It shall be the Contractor's 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.
15. INQUIRIES DURING TENDERING
The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications,
shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2]21, attention: Ron
Albright, P.Eng. or Sean Bagshaw, E.1.T.
16. AWARD OF THE CONTRACT
The award of this Contract is subject to the approval of the Municipality ofClarington.
17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT
ADMINISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be
interpreted as meaning the "Corporation of the Municipality of Clarington".
Wherever the word "Ministry", "M.T.C." or "MT.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.
18. 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 ofthe bid.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-S0
S.
19, UTILITIES
For additional information regarding existing utilities the Contractor may contact the following
personnel:
Veridian Hydro: Mr. Peter Petriw, P.Eng.
Tel: (888)-445-288]
Bell Canada: Ms. Kimberly MacLellan
Tel: (905) 433-3061
Enbridge/Consumers Gas: Ms. Donna Naulls
Tel: 905-758-7935
Cable TV Ms. Cindy Ward
Tel: 905-436-4138
Hydro One Mr. Jim Hisson
Tel: (905) 623-107]
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO, CL2006-50
SPECIAL PROVISIONS - GENERAL
P/12-29590-02lSpecsl2178S-SPG .doc
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2006-S0
CLAUSE
SUBJECT
PAGE
]. GUARANTEED MAINTENANCE...................................................................................................1
2. CONTRACT TIME AND LIQUIDATED DAMAGES ....................................................................]
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ...............................................................2
4. OPS GENERAL CONDITIONS. ................................................ .......... ............................................. 2
5. LA YOUT..............._............................................................................................................................2
6. RESTRICTIONS ON OPEN BURNING...........................................................................................3
7 . PAYMENTS .............................__.................._...........................:....... ._...................._........._............_...3
8. UTILITIES .........................................................................................................................................3
9. DUST CONTROL..............................................................................................................................4
]0. TRAFFIC CONTROL, FLAGGING ........_....._..................................................................................4
11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ............................................................4
12. MAINTENANCE OF TRAFFIC ........... ..................................... ...... ................................................. 5
13. EMERGENCY AND MAINTENANCE MEASURES .....................................................................5
] 4_ ENGINEERING FIELD OFFICE .........._..._.._................................... .... ............................................. 5
15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL......................................................5
]6. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES .........6
17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) .....................7
18. SPILLS REPORTING ............ ."_' .................._....................... ........... ..................................... ............. 7
19. PROTECTION OF WATER QUALITY ...........................................................................................8
20. TRAFFIC AND STREET SIGNS ..........................................................._..........................................8
2] . GARBAGE COLLECTION.__ __'" ............__....__....._. ......._..._... .._... ..... ...................... ............................ 8
22. ASPHALT MIX DESIGNS ........ ..........................................._......... .................................................. 9
23. TEST SAMPLES ........... .... ........... .... ..... ...... ............................ ........ .......... ...... ............... ............... .... 9
24. ENTRY ONTO PRIV ATE PROPERTY ........................................................................................... 9
25. STORAGE AREAS ................. ........... '" .................................... ...................................................... ] 0
26. GENERAL LIABILITY INSURANCE ....__._................................................................................... ]0
27. CONSTRUCTION LIEN ACT ........................................................................................................]0
28. PROPERTY OWNER'S RELEASE OF PRIV ATEL Y OWNED LAND USED BY THE
CONTRACTOR............................................................................................................................... ] 1
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-S0
1. GUARANTEED MAINTENANCE
Section GC7. ]5.02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be final as to the necessity for
repairs or for any work to be done under this Section.
2. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this Contract.
For purposes of this Contract, GC 1.04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defined in Clause
GCl.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GC1.06 of the
General Conditions on or before December 1, 2006. Any top lift asphalt must be completed by
November 15, 2006 as per Municipality ofClarington specifications.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift basis,
it is expected that additional and/or augmented daylight shifts will be required throughout the
life of the contract to the extent deemed necessary by the Contractor to insure that the work
will be completed within the contract time specified. Any additional costs occasioned by
compliance with these provisions will be considered to be included in the prices bid for the
various items of work and no additional compensation will be allowed therefor.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-50
2.
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(3) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract
is not completed by the date specified, or as extended in accordance with Section GC3.07 of
the General Conditions, a loss or damage will be sustained by the Authority. Since it is and
will be impracticable and extremely difficult to ascertain and determine the actual loss or
damage which the Authority will suffer in the event of and by reason of such delay, the parties
hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND
DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in
achieving completion of the work beyond the date prescribed. It is agreed that this amount is
an estimate of the actual loss or damage to the Authority which will accrue during the period in
excess of the prescribed date for completion.
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 GC7.0 1.09 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.
5. LAYOUT
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 ofthe
trade, as necessary for the transfer or setting of the secondary Jines and grades from the primary
controls provided. Tools of the trade are interpreted to include but not necessarily be limited to
hand and line levels, boning rods, tape measures, lasers, etc.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-50
3.
6. RESTRICTIONS ON OPEN BURNING
Open fires will not be permitted within the limits of this Contract. Brush and debris may as an
alternative to burning, be disposed of outside the Contract Limits and in compliance with the
requirements specified elsewhere for Management and Disposal of Excess Material.
7. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the General Conditions.
Notwithstanding the provisions of the General Conditions respecting certification and payment, the
Authority may withhold 2-1/2 percent of the total value of work performed beyond the expiration of
46 days from the date of publication of the Certificate of Substantial Performance, to enable the
Contract Administrator to produce the final detailed statement of the value of all work done and
material furnished under the Contract. As a condition of holdback reduction from 10% to 2- ]/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.
8. UTILITIES
Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are
replaced by the following:
The Contractor shall be responsible for the protection of all utilities at the job site during the time
of construction.
The Authority will be responsible for the relocation of utilities where required. However, no claims
will be considered which are based on delays or inconvenience resulting from the relocation not
being completed before the start of this Contract.
The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact the
appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-S0 4.
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9.
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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]0. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in
OTM Book 7 (Ontario Traffic Manual).
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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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(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat.
] 1. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
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In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the
supply, erection, maintenance and subsequent removal of all temporary traffic controls, including
signs, lights, barricades, delineators, cones, etc., required on the work.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-SO
5.
Traffic controls shall be provided in general accordance with the latest edition of the "OTM
Book 7" As a mInImum reqUlrement and without restricting the Contract Admmistrator or the
Authority in requiring further controls, the following signs shall be supplied:
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Sign Number
TC-l
TC-4]A
TC-4lB
Sign Message
CONSTRUCTION AHEAD
CONSTRUCTION ZONE BEGINS
CONSTRUCTION ZONE ENDS
Number Required*
5
5
5
· or as required to address active sites.
Traffic controls shall be operational before work affecting traffic begins.
12.
MAINTENANCE OF TRAFFIC
The Contractor will be required to maintain traffic in both directions on the street to be resurfaced.
The Contractor may wish to temporarily close one lane of traffic to facilitate construction of the
improvements.
13.
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
rnobilize 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.
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.
14.
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.
IS.
MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The requirernents of OPSS 180 shall apply to this Contract, revised as follows:
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-S0
6.
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.1 Section ]80.03, Definitions, shall be amended by the addition of the following:
Work area: means the road allowance, right-of-way, and property with a boundary common to
the road allowance or right-of-way within the Contract limits.
.2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800,
OPSF 180], OPSF 1803 and OPSF ]805 for use where appropriate with respect to disposal of
excess material.
16. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES
In accordance with the requirements of Section ] 8a(1) of the Occupational Health and Safety Act,
the Authority has determined that the designated substances as listed hereunder are present on the
site and within the limits of this Contract.
Designated Identified 00 this Site Location
Substance
Acrylonitrile No
Arsenic No
Asbestos No
Benzene No
Coke Oven Emissions No
Ethylene Oxide No
Isocyuates No
Lead No
Mercury No
Silica No
Vinyl Chloride No
It is the responsibility of the Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy of this specification, where Designated Substances are identified
as being present at the site of the work.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-S0
7.
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The Contractor shall comply with the governing Ministry of Labour Regulations respecting
protection of workers, removal, handling and disposition of the Designated Substances encountered
on this Contract.
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Prior to commencement of this work, the Contractor shall provide written notification to the
Ministry of the Environrnent at 7 Overlea Boulevard, Toronto, Ontario, M4H lA8
of the 10cationCs) proposed for disposal of Designated Substances. A copy of the notification shall
be provided to the Contract Administrator a minimum of two weeks in advance of work starting.
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In the event that the Ministry of the Environment has concerns with any proposed disposal location,
further notification shall be provided until the Ministry of the Environment's concerns have been
addressed.
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.
17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
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Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a
list of those products controlled under WHMIS which he expects to use on this Contract. Related
Material Safety Data Sheets shall accompany the submission. All containers used in the application
of products controlled under WHMIS shall be labeled.
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The Contractor shall notify the Contract Administrator of changes to the list in writing and provide
the relevant Material Safety Data Sheets.
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18. SPILLS REPORTING
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Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or
discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or
are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such
spills or discharges and their adverse effects shall be as defined in the Environmental Protection
Act R.S.O. 1980.
All spills or discharges ofliquid, other than accumulated rain water, from lurninaires, internally
illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-50
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8.
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spills or discharges from this equipment that are a result of the Contractor's operations shall, unless
otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to
the Contract Administrator.
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This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills
or discharges.
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]9. PROTECTIONOFWATERQUALITY
At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
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No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from
the 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 creeks 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] 00 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
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20. TRAFFIC AND STREET SIGNS
The Contractor will be responsible for the removal and salvage of existing traffic and street signs,
and their delivery to the Authority's Works Department Yard, for re-erection by the Authority
following completion of the work.
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Scheduling for sign removal shall be as approved in advance by the Contract Administrator.
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Regulatory signs such as "Stop" and "Yield" must be maintained throughout.
21. 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. Garbage pick-up is handled by Canadian
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-50
9.
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Waste Services, at ]-800-789-8886. Recyclable material is handled by Miller Waste Systems at
]-800-46]-1582.
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22. ASPHALT MIX DESIGNS
The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt
required for the work, or for having the necessary mix designs prepared by a certified laboratory.
The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract
Administrator for his approval and no work shall commence until the design mixes are approved.
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All costs associated with the provision of approved mix designs shall be borne by the Contractor.
Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix
required by this Contract.
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23. TEST SAMPLES
The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders
and asphalt samples to a designated testing laboratory.
For this contract the designated testing laboratory is Soil Eng., Bowmanville.
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The Contractor will be responsible for providing samples for Quality Assurance (QA) at random
locations throughout the site as required by OPS 310 or as directed by the Contract Administrator.
At each location the Contractor shall take:
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1. A sample for QA.
2. A referee sample to be kept and stored by the Contract Administrator.
3. A QC sample to be retained and tested by the Contractor.
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OPS 310 is amended in that compaction testing for this project will be undertaken with a nuclear
testing device. Core sampling will only be undertaken if there is a need to confirm nuclear testing
results outside of specifications.
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A pre-pave site meeting will be conducted to review testing procedures with the Contractor, the
paving Sub-Contractor, the Contract Administrator and the Geotechnical Sub-Consultant for the
project.
24. 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.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-50
10.
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25. STORAGE AREAS
Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the
following:
The use of the road right-of-way as a long term storage area is not allowed under this Contract. The
storage of materials and movement of equipment will only be allowed for normally accepted
construction practices.
26. GENERAL LIABILITY INSURANCE
Parties to the Contract beyond the Contractor, the Owner and the Contract Administrator must be
added as additional insureds (See Clause GC6.03.02.0]).
27. 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 apphcation 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-SO
11.
28. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of
a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works stipulated
in the Contract:
Date ........._.............
To: Mr. A. S. Cannella, C.E.T.
Director of Engineering Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario. LlC 3A6
Re: Contract No. CL2006-50
Dear Sir:
I hereby certifY that
(Name of Contractor)
have fulfilled the terms of our agreement and have left my property in a satisfactory condition.
I have accepted their final payment and release
(Name of Contractor)
and the Municipality of Clarington from further obligations.
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-S0
SPECIAL PROVISIONS - TENDER ITEMS
P/29590-02/Specsl21789.doc
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-S0
The intended rehabilitation works, in general, include:
Section A - Concession Road 6 - Townline Road to RR 34, Conrtice
Pavement Width - 6.5 m
H.L.-3 - 60 mm depth
Granular' A' - ] 00 mm depth and shouldering
Pulverize existing surface and mix into top IOO mm depth of existing granular
Topsoil and seeding of gravel side slopes with material from ditching operations and/or imported
topsoil
Ditching and entrance culvert replacement as necessary
Section B - Ken Hooper FU'ehall Parking Expansion, Bowmanville
Repair section of deficient asphalt and granular base as shown on Drawing No. I
Construct new parking lot expansion as shown on Drawing No.1, including relocation oflight
standards and automatic entrance gate.
f'
Section C - Mearns Avenue Sonth - Baseline Road to north limit, Bowmanville
Pavement Width - 6.5 m
H.L.-3 - 40 mm depth
H.L.-8 - 50 mm depth
Structure adjustments as required
Granular' A' - 100 mm depth and shouldering
Pulverize existing surface and mix into top 150 mm depth of existing granular
Topsoil and seeding of gravel side slopes with material from ditching operations and/or imported
topsoil, sodding at maintained lawn locations
Ditching as necessary
Replacement of culverts as required
Section D - Simpson Avenue - Baseline Road to Soper Court, Bowmanville
Pavement Width - 7 m
From Soper Court to 207 m south of Soper Conrt at fire hydrant (207 m)
Grind Overlay
H.L.-3 - 50 mm depth
Crack repair with small grinder
Mill existing asphalt - 45 mm depth
The existing asphalt boulevard is in good condition and shall remain intact.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-50
2
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From 207 m south of Soper Court to 393 m south of Soper Court at house #174 (186 m)
Overlay
H.L.-3 - 40 mm depth
Structure adjustments as required
Crack repair with small grinder
Base repair as required with two lifts H.L.-8 - 100 mm depth
The asphalt in the boulevard on the north side is to be removed and replaced with
50 mm ofH.L.-3
From 393 m south of Soper Court to 30 m north of Baseline Road (150 m)
Full Depth Repair
H.L.-3 - 40 mm depth
H.L.-8 - 50 mm depth
Repair granular base as required and correct crown
Remove existing asphalt with large cold planer
Ditching as required.
Topsoil and sodding of side slopes with material from ditching operations and/or imported topsoil
The asphalt in the boulevard on the north side is to be removed and replaced with
50 mm ofH.L.-3
Section E - Station Street, Orono
H.L.-3 - 40 mm depth
Adjust catch basins, maintenance holes and water valves as required
Remove temporary asphalt curb at catch basins and replace with concrete curb to match adjacent
curb type.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-50
3
EARTH EXCAVATION (GRADING) - ITEM NO, Bl
This Itern shall include excavation for the parking lot expansion at the frre hall, excavation for parking lot
and base repairs, and any grading required to tie-in with the existing ground and prepare for placement of
asphalt.
HOT MIX, H.L.-3 - ITEMS NO. AI, B2, C], Dl, D2, El
HOT MIX, H.L.-3 - DRIVEWAYS - ITEMS NO. Al, C2, D3
HOT MIX, H.L.-8 - ITEMS NO. B3, C3, D4
HOT MIX, H.L.-8 - DRIVEWAYS - ITEMS NO. C4, D5
The Contractor shall supply all materials required for the proper execution of the paving work in
accordance with Municipality of Clarington specifications, OPSS 3] 0 as amended, and at the depths as
specified in the Itemized Bid. Asphalt cement supplied shall be performance grade 58-28.
The unit price bid shall also include for tack coat where paving over top of asphalt, saw cutting of
driveways, removal of asphalt driveways and grinding at fit points not specifically covered offby other
Items.
Base repairs will be done at locations as directed by the Contract Administrator and will include saw
cutting a clean edge around areas of repairs, removal of asphalt, tack coating of edges and placement of
H.L.-8 base asphalt to match existing or 50 rum minimum thickness. Repairs will typically be done at
locations where, after grinding has been completed, the base is severely deteriorated and/or gravel base
material is visible.
Note the contractor is responsible for providing test samples as outlined in Gause 24 - Test Samples, of
the Special Provisions - General.
GRANULAR 'A' AND GRANULAR 'B', TYPE 1- ITEMS NO. AJ, A4, B4, B5, C5, C6, D6, D7
Included under these Items is the supply, placement, and compaction of Granular 'A' and Granular 'B' to
100% of the Standard Proctor maximum dry density. Granular' A' used in shouldering shall be graded at
6% away from the edge of pavement.
IN-PLACE FULL DEPTH RECLAMATION OF BITUMINOUS PAVEMENT AND
UNDERLYING GRANULAR - ITEMS NO. AS, C7
Included under these Items, are the costs associated with grading, compacting, removal and disposal of
excess material in order to meet existing grade elevations where new pavement meets existing pavement.
The existing bituminous pavement depths are as follows:
Item - A5 - 25 rum surface treatment
Item - C8 - 60 rum to 80 rum asphalt
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-50
4
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The cost for stripping, removal and disposal of existing organic material on the existing road
shoulder/platform is to be included in the Items.
The Contractor should be aware that due to the existing loose condition of the asphalt on Mearns Avenue,
double pulverization may be required to ensure that no oversized material is present after pulverization.
RECYCLED ASPHALT PAVEMENT - DRIVEWAYS (50 mm) - ITEM NO.C8
Under this Item and at the unit price, the Contractor shall supply, place and compact recycled asphalt
pavement (RAP) in the boulevard on Mearns Avenue where the existing boulevard is RAP.
CRACK REPAIR WITH SMALL GRlNDER- ITEM NO. DlO
Included under this Item, is the grinding of cracks to a depth of 40 mm with a small grinder and placing
and cornpacting H.L.-8 in accordance with the specifications for Hot Mix asphalt above, including tack
coat. Payment for asphalt shall be included in the crack repair items.
CONCRETE CURB AND GUTTER - ITEMS NO, B6, E2
All curb and gutter shall meet the Municipality of Clarington specifications and shall match existing
adjacent curb and gutter.
The unit price bid under these Items shall include for the following:
. Saw cutting of asphalt and curb, excavation, and disposal of surplus material off site.
. Supply and placing 30 MPa concrete to match existing curb and gutter.
The unit price bid for Item No. E2 shall also include for the restoration of disturbed areas with topsoil and
sod.
The concrete curb under Item B6 is to match the existing 0.2 m barrier curb as per C-302.
ADJUST MAINTENANCE HOLES, CATCH BASINS AND WATER VALVES-
ITEMS NO. B7, C9, Dll, E3
The unit price bid for adjustment of structures shall include for the saw cutting of existing asphalt,
disposal of debris off site, placement of granular base and hot mix asphalt. The unit price bid for this
Item shall also include for the adjustment of water valves as required. Adjustment shall be such that
structures sit flush with cross-fall of final pavement elevation. Structures will be identified by the
Contract Administrator prior to commencement of the work.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-50
5
CSP CULVERTS - ITEMS NO. A6, A7, A8, CI0, Cll, C12, C13
Under this Item and at the unit price, the Contractor shall supply and place new CSP culverts at locations
identified by the Contract Administrator. The unit price shall include excavation and granular backfill.
Where the item is identified as remove and replace, the unit price shall include for removal and disposal
of the old culvert at a location arranged for by the Contractor. Where the culvert is being placed under the
traveled roadway, the unit price shall include frost treatment as per OPSD 803.030.
Where the Item is identified as repair and extend, the unit price shall include the transition collar and
straightening of the existing culvert. Item A8 refers to the entrance culvert at the north east corner of
Concession Road 6 and Leask Road. Item Cl] refers to two 3 m extensions to the entrance culvert at the
main loading docks on the west side of Mearns Avenue.
Under Item C13, new 400 mm CSP culvert is to be placed along the east side of Mearns Avenue, opposite
the loading docks on the west side of the road.
It will be the Contractor's responsibility to co-ordinate with adjacent property owners to ensure that
businesses are not disrupted.
COLD MILLING ASPHALT - ITEMS NO. D8, D9
All material milled from the existing surfaces shall be disposed of off site by the contractor.
Full depth removal of asphalt under Item No. D8 shall include all asphalt regardless of the existing depth.
REMOVAL OF ASPHALT - ITEM NO. BI0
Under this Item and at the unit price, the Contractor shall sawcut, remove and dispose of at a site arranged
by the Contractor, all asphalt where the existing parking lot is to be repaired. The limits of removal will
be determined by the Contract Administrator.
REMOVAL OF CURB AND GUTTER- ITEMS NO. BIt. E4
Payment shall be made under these Items for the removal of concrete and asphalt curb (all types) not
covered elsewhere in the Contract. Asphalt and concrete rubble shall be disposed of off the site of the
works at a location (s) arranged for by the Contractor.
The Contractor shall protect all trees, shrubs, hedges, fences, utility markers and poles from damage.
The unit price bid shall include for all saw cutting as required at the limits of removal as well as any
minor excavations required where existing curb is being replaced.
LINE PAINTING -ITEMS NO. B13, D14
Paint shall be manufactured by Ibis Products Ltd. and shall be Ontario White or Ontario Yellow organic
solvent based traffic paint. The Contractor shall be responsible for layout of the parking bays based on the
alignment shown on Drawing No.1.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-50
6
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DITCHING (pROVISIONAL) - ITEMS NO. A9, CIS, Dl3
The unit price bid shall include for full compensation for all labour, equipment and material necessary to
do the work, including provision of traffic control as per OTM Book 7.
The location of ditching will be identified on site prior to commencing the work. It should be noted that
much of the excavated ditching material can be used on the roadside slope to help stabilize the gravel side
slopes. All material not suitable for slope stabilization or in excess of requirements shall be disposed of
off site.
TOPSOIL (IMPORTED) AND NURSERY SOD - ITEMS NO. B12, C14, Dl2
All topsoil and sod shall meet the Municipality of Clarington specifications.
Screened topsoil shall be placed to a minimum depth of 100 mm in disturbed grass areas.
Subsection 570.05.01 ofOPSS 570, August ]990 is amended by the addition of the following:
The topsoil shall be tested to ensure there are no deficiencies with respect to fertility levels. The soil shall
consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm +/- 2 ppm. The
potassium level shall be 235 ppm +/- 30 ppm. The soil shall have a base saturation of calciurn of75%,
+/- 10%. The base saturation of sodium shall be a maximum of 0.5%. The pH level shall be between 6.0
and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. Payment
for this testing shall be included in payment under the respective topsoil items.
If the topsoil does not meet all of the fertility elements the soils shall be treated with the required
amendments as recommended by the topsoil analysis report.
TOPSOIL AND SEEDING - ITEM NO. All
The unit price bid for this Item shall include for the use of suitable topsoil material excavated during the
ditching operations on the granular side slopes and the provision of imported topsoil for any shortfall to
provide a growing medium for seeding as required to establish vegetation on the side slopes of the
rehabilitated road section. Canada No.1 seed mix as per Table 1 of OPSS 572 shall be used for the
seeding.
REMOVE AND SALVAGE AUTOMATIC GATE - ITEM NO. B9
Under this Item, the Contractor shall remove and salvage the automatic gate controller at the Ken Hooper
FirehaU and hand it over to the fIre department for storage. The concrete base shall be removed and
disposed of off site at a location arranged for by the contractor.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-50
7
RELOCATE LIGHT STANDARDS - ITEM NO. B8
Under this Item, the Contractor shall remove, salvage and replace the light standards at the Ken Hooper
Fireball as shown on Drawing No. ], including construction of concrete base and rewiring, as required.
ADJUSTMENT OF MAIL BOXES - Provisional- ITEM NO. AI0
Under the unit price bid the Contractor shall raise mail box posts as required to ensure the height of the
mail box is 44 inches above the ground.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-50
STANDARD DRAWINGS
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STANDARD DRAWINGS
CONTRACT NO. CL2006-50
2
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO, CL2006-50
STANDARD NO.
DESCRIPTION
OPSD- 803.030
605.010
FROST TREATMENT - PIPE CULVERTS FROST PENETRATION LINE
BELOW BEDDING GRADE
450 CONCRETE OUTLET FOR CONCRETE CURB AND GUTTER
C - 302
305
STANDARD CURB AND GUTTER
CURB AND GUTTER DETAIL AT CATCHBASIN
P/29590-02/Specs/29590-02-StandDraw.doc
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Curb and 0 CURB ond GUTTER D R
gutter e of ovement Type m m
Borrier 1.9 2.1
f Gutter line Semi- Mountable 2.5 2.8
Mountable 2.9 2.9
Bock of curb
Elevation of top
01 curb to follow
shoulder slope
TYPICAL PLAN VIEW
>
L45W l200
SECTION x-x
BARRIER CURB and GUTTER
Edge of ~
pavement
Typ
SECTION y-y
o '"
"' "
/'////////~-1.. ...J~.-.! ! 0l'/.>I"/.>I"/.>Y/l>
l~~~lrd
J 300 L450J~oo l
SECTION x-x SECTION Y_Y
SEMI-MOUNTABLE CURB and GUTTER
o '"
.., "
'l//////////1~
. .J .~-~= :'1..-.' J -1..2......J....Z>T/.>I"/.>Y/l>
,. - - 'f" 'f - -, '~1--'~ - -""'
,...... .- - - ~. ...
J 400 L450-l 400.l
SECTION X-X SECTION Y_Y
MOUNTABLE CURB and GUTTER
NOTES:
A For spillwoy deloils refer to OPSD-605.040.
B All dimensions ore in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
April 1999
Rev
450 CONCRETE
FOR CONCRETE CURB
OUTLET
AND GUTIER
~~OST~
---------- ~ S ~
'C ~'.f;j
/~-I'I'"'A
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BARRIER CURB
NOTES
1 Concrete sholl conform to OPSS specifications (30IAPa. 7% :t1.5% air).
2 Contraction joints every 3.Om (maximum). Sow-cuts to be 25% of totol depth.
3 Curing compound is to be sproyed on within one hour of finishing.
4 Additional width required where curb is odjacent to sidewalk.
AI cIImen.Ion. are .. .........1._ ....... 0"'- ....... noMd.
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STANDARD CURB AND GUTTER
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CUfII EHOS ro lIE lWl( \IOlIlCOL (FlUSH)
Al1a1E or POl..ICIfG. lOP 0JR8 TO BE
AIJQHO) ACCURA1O..Y WIIH IWiE OJRB.
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SECTION B-B
NOTES
1 For grate specifICations see OPSD 400.010.
2 Stage I - temporary osphalt filler oround catch basin including full curb.
3 Stage II - remove aspholt filler and complete curb in one pour.
CI
All dlmMMona are In "'.._.... un.... ...... ...1.. ftOted.
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CURB AND GUTTER DETAil
AT CATCH BASIN
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BRASS TABLET IN BRICK WALL 120 662
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MEMORIAL FlRE STATION . .
NEW PARKING Lor CONSTRUCTION
40mm HL-3
50mm HL-8
l50mm GRAN. 'A'
300mm GRAN. '8'
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EXISTING SANITARY SEWER
EXISTING WAITRMAIN
EXIS liNG GAS MftjN
EXISTING 6URI(D!lEU CA6lE
EXISTING BURIED eN CABlE
EXISTING BURIED "YJlRQ CABlE
PROPOstD UGHT STANDARD
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AVENUE
LEGEND
~/~. ASPHALT RESURFACE LOCATION
:t ""..,"'''' MUNICIPAL ROAD
l(' 1Ut~ REGIONAL ROAD
2 ~ PROVINCIAL HIGHWAY
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I engIneers
architects
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2006 ASPHALT RESURFACING
VARIOUS LOCATIONS
PHASE 2
CL2006-50
SITE LOCATIONS
12.29590-02
API'RO'vtD BY MAP
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CO~'I'lONOF THE MUNICIPALITY OFC~(Jfif
CONTRAcrNO~CL2006--50
OllSGENERAL CONDmONS OFCOl"41'RAct
(Septl;!~r 1999)
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ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
SEPTEMBER 1999
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GENERALCONmnONSOFCO~CT
Table of Contents
SECTION GC 1,0 -INTERPRETATION
GC 1.01 Caplions.............................................................................................. ..................... 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 Fmal Acceptance ..................................................................................................... 6
GC 1.08 Interpretation of Certain Words ............................................................................... 6
SEcnON GC 2,0 - CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Order of Precedence ............................................................................................... 7
SECTION GC 3,0 - ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Adminislrator's Authority ........................................................................... 8
GC 3.02 Worl<ing Drawings ................................................................................................c.. 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 Worl<ing Area.........................................................................................................10
GC 3.07 Extension of Contract Tme................................,.................................................. 10
GC 3.08 0eIays.................................................................................................................... 11
GC 3.09 Assignment of Contract......................................................................................... 11
GC 3.10 SUbconlracling by the Contractor.......................................................................... 11
GC 3.11 Changes ................................................................................................................ 12
GC 3.11.01 Changes in the Work............................................................................................. 12
GC 3.11.02 ExIra WorIt.............................................................................................................12
OPSOIneNIConlll", .of~-'lj1J ..t_
T_ofeor.--I
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GC 3.11.03 Additional WOIk ..................................................................................................... 12
GC 3.12 Notices................................................................................................................... 12
GC 3.13 Use and Occupancy of the Work Prior to SUbstantial Performance... ........... ....... 13
GC 3.14 Claims, Negotialions,.Mediation............................................................................ 13
GC 3.14.01 Continuance of the Work....................................................................................... 13
GC 3.14.02 Record Keeping..................................................................................................... 13
GC 3.14.03 Claims Procedure .................................................................................................. 13
GC.,3.14.04 Negotiations..................... ........................................................................... ........... 14
GC3.14.05 Mediation ............................................................................................................... 14
GC 3.14.06 Payment................................................................................................................14
GC 3.14.07 Rights of Both Parties............................................................................................ 15
GC 3.15 Engineering Arbib<llliun .....................................................................................,.... 15
GC 3.15.01 Conditions for Engineering Arbitralion................................................................... 15
GC 3.15.02 Arbitration Procedure............................................................................................. 15
GC 3.15.03 Appointment of Arbillator....................................................................................... 15
GC 3.15.04 Costs...................................................................................................................... 16
GC 3.15.05 The Oecision.......................................................................................................... 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 Pennits .......................................................................................... 17
GC 4.03 Management and Disposition of Materials ............................................................ 17
GC 4.04 Construction Affecting Railway Property .............:..............................................:.. 18
GC 4.05 Default by the ConIractDr....................................................................................... 18
GC 4.06 Notification of Default ............................................................................................ 18
GC 4.07 Contractor's Right to Correct a Default................................................................. 18
GC 4.08 OWner's Right to Correct Default........................................................................... 18
GC 4.09 Termination of COllllactots Right to Continue the WOIk....................................... 18
T_ 01 Cclnl8nIa-1
OPSGenerIII(' -1 ~fllConnct-8.p.I.~1199
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GC 4.10
GC 4.11
GC4.12
GC 4.13
Final Payment to eontractDr.................................................................................. 19
Termination of the Contract................................................................................... 19
Continuation of Contractor's Obligations............................................................... 19
Use of Performance Bond ..................................................................................... 19
SECTION GC 5,0 - MATERIAL
GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
SUpply of Material.................................................................................................. 20
QuaIily 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.b4
GC 6.03.06
GC 6.03.07
GC 6.04
Protection of Work, Persons and Property ............................................................ 23
Indemnification ...................................................................................................... 23
ContractDr's lllSUlilnce...........................................................,............................... 24
General.................................................................................................................. 24
General Liabirlly Insurance .................................................................................... 24
AulDmobIle Liability Insurance............................................................................... 24
Ain:raft and Watercraft Liabillly Insurance............................................................. 25
Property and Boiler Insurance...............................................................................25
Property Insurance ......................................................... ....................................... 25
Boiler IllSUliInee ..................................................................................................... 25
Use and Occupancy of the Work Prior to Completion........................................... 25
Payment for Loss or Darnage..............................:................................................. 26
eu.41actDr's Equipment Insurance ........................................................................ 26
Insurance RequirementS and Duration.................................................................. 26
Bondlng..................................................................................................................27
SECTION GC 7,0 - CONTRAGTOR S RESPONSI8lLI11ES AND CONTROL OF THE WORK
GC 7.01
General.................................................................................................................. 28
T_oICo1-*..
OPS~~.oICanlnd-8 .1 _1.
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC7.09
GC7.10
GC7.11
GC 7.12
GC7.13
GC 7.14
GC7.15
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
Approva/s and Permits ..........................................................................................31
Suspension of Work .............................................................................................. 32
ContractoI's Right to Stop the Work or Terminate the Contract............................ 32
Notices by the COhbactu.. .................;..................................................................., 32
0bsIructi0ns........................................................................................................... 33
Umilaiions of Operations....................................................................................... 33
Cleaning Up Before Acceptanoe ........................................................................... 33
Warranty ................................................................................................................ 33
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
GC 8.01.01
GC 8.01.02
GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 8.02.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8.02.03.06
GC 8.02.03.07
GC 8.02.03.08
GC 8.02.03.09
GC 8.02.03.10
GC 8.02.03.11
T_ of ConlonlI-1v
Measurement......................................................................................................... 35
QuantiIies........................................................................................................... .... 35
Variations in Tender Quanlilies ............................................................................. 35
Paymenl................................................................................................................ 35
Price for Work........................................................................... ............................. 35
Advance Payments for MateriaL....................................................!......................36
Certification and Payment.....................................................................................36
Progress Payment Certificate................................................... ...... ................... .... 36
CertificaIion of Subcontract Completion .............:.................................................. 37
Subcontract Statutory Holdback Release Certificate and Payment...................... 37
CerIification of Substantial Performance............................................................... 37
Substantial Perfonnance Payment and Substantial Perfonnance Statutory
Holdback Release Payment Certificales............................................................... 38
Cerlificalion of Completion ....................................................................................38
Completion Payment and Completion Statutory Holdback Release
Payment Cerlificallos ............................................ .............. ......... .......................... 39
lnlefest........................,......................................................................... .......... ....... 39
Interest for Late Payment...................................................................................... 39
Inlefest for NegolIations and Claims ..................................................................... 40
Owner's Set..Qff ............. ........................................................................................ 40
OPSo...l eo.-... of ~ .Sejlto...... 1199
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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 Defini\iOnS ....................................................................................................... ....... 40
GC 8.02.04.02 Daily Work Records...............................................................................................41
GC 8.02.04.03 Payment forWork..................................................................................................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 S1andby TItTle ........................................................................................................42
GC 8.02.04.07 Payment for Hand TooIs..............................~....................................,...................43
GC 8.02.04.08 Payment for Work by SubcontraclllrS.................................................................... 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 Acceplance Certifo<.ale.................................................................................. 43
Payment ofWorkers..............................................................................................44
Records ........................................................................................,........................44
Taxes and Duties...................................................................................................44
Liquidated Damages....................................................,.........................................45
OPSGer*atCOl__oICon1r8cl.61.11 \b6.1tl811
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Ontario Provincial Standards
for
Roads and Public Works
September 1999
GC 1.01
GENERAL CONDmONS OF CONTRACT
SECTION GC 1.0 . INTERPRETATION
Captions
.01 The c:aptions appearing in these General Conditions have been inserted as a matter of convenience .
and for ease of reference only and in no way define, Iinit or enlarge the scope or meaning of the
General Condi\iOnS or any provision hereof.
GC 1.02
Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organizations and phrases listed on the right
"AASHTO"
"ANSr
"ASTM"
"AWG"
"AWWA"
"CESA"
"CGSB"
"CSA"
"ONB"
"GC"
"MOE"
"MTC"
"MTO"
"MUTeD"
oOPS"
"OPSD"
"OPSS"
"PEO"
"SAE"
"SSPC"
.UL-
"ULC"
GC 1,03
- American Association of State Highway Transportation Officials
- American National Standards InsIitUIe
- American SOciety for Testing and MalerlaIs
- American Wire Gauge
- AmelicaI. Waler WoIlcs Association
- Canadian Engineering Slandards Association
- Canadian General Standalds Board
- Canadian Standalds AsSOGiation
- Canadian Welding Bureau
- General COI oditions
- Ministry of the Environment (Ontario)
- Ministry of TranspOftalion (Ontario)
- Ministry of Transportation (Ontario)
- Manual of .UnIform TraIIic Control Devices, published by MTO
- Ontario Provincial Standard
- Ontario Provincial Standard Drawing
- Ontario Provincial Standard Specific;aIion
- Professional Engineers Ontario
- Society of Automotive Engineers
- StruclwaI Steel Painting Council
- Underwriters Laboratories
- Underwrilefs Laboo atories Canada
Gender and Singular References
.01 References to the rnascuIine or singular throughout the Contract Documents shaI be considered to
include the feminine and the plural and vice versa as the context requires.
GC 1,04
DeftnIIIons
.01 For the purposes of \his Contract the following definitions apply:
Ac:tual Measurement: ~ the field ITl88SlIAlIIIel of that qll8llllly within the lIfIIll'O\I8d Iimils of the
Work.
OPSo.w.tCooIdlllol.al~.I;1 ...1llll9
"'1
Additional Work: means work not provided for in the Contract and not considered by the Contract
Administrator to be essential to the satisfactoly completion of the Conlract within its intended scope.
Base: means a layer of material of specified type and thickness placed immediately below the pavement,
driving surface, finished grade, curb and gutter, or sidewalk.
CertIficate of Subcontract Completion: means the oeltificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion.
CertIficate of Substantial Perfonnance: means the oeltificate issued by the Contract Administrator at
Substantial Perfonnance.
Change Directive: means any wriIlen instruction signed by the Owner, or by the Contract Admihistrator
where~so authorized, directing that a Change in the Work or Extra Work be performed.
......
Chang. in the Work: means the deletion. extension, increase, decrease or alteration of fines, grades,
dimensions, quantities, methods, drawings, substantial changes in geotechnica~ subswface, surface or
other conditions, changes in the chaIacter of the Work to be done or materials of the Work or part thereof,
within'.the intended scope of the Conlracl
Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or
the Contract Administrator wheIe so authol ized, covering contingencies, a Change in the Work, Extra
Work, Additional Work and changed subsurface conditions, and establishing the basis for payment and the
time allowed for the adjustment of the Contract Tune.
Completion CertIficate: means the certiFICate issued by the Contract Administrator at completion.
Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act; R.S.O. 1990, c.O.1, as amended and amendments thereto, the Co,.b....h.o who executes the Contract
Contract: means the undertaking by the Owner and the Contractor to perform their respective duties,
responsibilities and obligations as presaibed in the Contract Documents.
Contract Administrator: means the ptlISOIl, partnership or corporation designated by the Owner to be
the OWner's representative for the purposes of the Contract.
Contract Documents: mean the executed Agreement between the Owner and the Contractor, the
Tender, the General Conditions of Contract, the SUpplemental GeneraJ Conditions of Contract, Standard
Specifications. Special Provisions, Contract Drawings, addenda inoorporated in a Contract Document
before the execution of the Agreement, such other documents as may be Iisled in the Agreement and
subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement
Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report. any
Subsurface Report and other reports and information provided by the Owner for the Work, and without
fimiting the generality thereof, may include soil plOfiIes, foundation investigation reports. reinforcing steel
schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings.
Contract Time: means the time stipulated in the Coilllact Documents for Subslantial Performance of the
Work, including any extension of Contract Tune made pursuant to the Contract Documents.
Contractor: means the ptlISOIl, partnership or COIlJOI'8tion undertaking the Work as identified in the
Agreement
Controlling Operation: means any component of the Work, which, If delayed, wiI delay the completion of
the Work.
Pelle 2
OPSo.n..ICoo -'1 .of~.SejllM_ 11199
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Cost Plus: See "TIme and MaterlaI".
CUt-otf Date: means the dale up to which payment will be made for work performed.
Dally Work Records: mean cIaiIy Records detailing the number and categories of workers and hours
worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and
description and quantities of Material utilized.
Day: means a calendar day.
Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or
WOrking Plans, or any reproductions of drawings or plans pertaining to the Work.
Equipment: means an machinery and equipment used for preparing, fabricaIing, conveying or erecting
the Work and nonnally referred to as construclion machinery and equipment
Estimate: means a Calculatfon of the'qllantity ortost-of.theWorkor1*tofrodependingon thecontexl
Extra Work: means work not provided for in the Contract as' awarded but considered by the Contract
Administrator to be essential to the 'salisfactory . completion of the - Connel' within Is. inlended scope,
including unanticipated work required to comply with legislation and regulations which affect the Work.
Final Acceptance CertIfic:lIIe: means the ceriifi..ale issUed by the Contract AdministraIDr at F'mal
AccepIance of the Work.
FInal Detailed Stat8meIit: means a complete evaluation prepared by the Contract Adtllitilib..1ot showing
the quantities. unit prices and final dollar amounts of all items of work completed under the Contract.
including variations in lender items and Extra WOIk, aR as set out in the same general fonn as the monthly
estimates.
Force Account: See"Tme and Materiar.
Geotechnical Report: means a report or other infonnaIion identifying soil, rock and ground water
- conditions'in the area of any proposed excavation or iii.
Grade: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or-implements of-the trade and include smaR
power tools.
Highway: means a common and public highway any part of which is intended for or used by the general
public for the passage of vehicles and incIUcIesthe area between the lateral property lines-theIeof.
Lump Sum Item: means a lender item indicating a portion of the Work for which payment win be made at
a single tendered price. Payment is not based on a measured quantity; atthough a quantity may be given
in the Contract Documents.
Major Item: means any tender item that has a Yalue, calculated on the basis of Its actual or estimated
tender quantity, whichever is the larger, multiplied by Is tender unit price, which is equal or greater than
the lesser of.
a) $100.000. or
b) 5% of the total tender value calculated on the basis of the toIaI of aR the estimated lender
quIII.tiIies and the tender unit prices.
Material: means material. machinery, equipment and fixtures formillg part of the Work.
OPSOeneml~."'~.SI.l ._1_
'--3
Owner: means the party' to the Contract for whom the Work is being performed, as identified in the
Agreement, and includes, with the same meaning and import. "Authority".
Pavement: means a wearing course or courses p/aced on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete - Portland cement concrete, or plant or road mixed muk:J1.
Perfonnance Bond: means the type of security furnished to the Owner to guarantee completion of the
Work in accordance with the Contract and to the extent provided in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
Project: means the construction of the Work as contemplated by this Contract.
Quantity Sheet: means a list of the quantities of WOIk to be done.
Rate~ Interest: means the rate determined by the Minister of FIIllII'lCe of Ontario and issued by, and
avaiJa!lle from, the Owner.
...-..:,~~"
Records: mean any books, payroIs. accounts or other information which IllIate to the Work or any
Change in the Work or claims arising therefrom.
Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes
the Shoulders.
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the ditch or fiR slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a slandard practice required and stipulated by the Owner. for
performance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a person, partnership or corporation undel1alcing the execution of a part of the
WOIk by virtue of an agleement with the Contractor.
""'b.
Subgrade: means the earth or rock surface. whether in cut or liD, as prepared to support the Base,
Subbase and Pavement
~;.; .
Subsuiface Report: means a report or other infonnation identifying the location of utilities, concealed and
adjacent strucIures and physical obstructions which fall within the influence of the Work.
Superintendent: means the Conlractol's authorized representative in responsible charge of the Work.
Surety: means the person. partnership or corporation, other than the Contractor, 6censed in Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.1.8,. as amended, executing a bond provided by
the Contractor.
Tender:' means an offer in Writing from the Contractor, submitted in the fonnat prescribed by the Owner,
to complete the Work.
Time and Material: means costs calculated acc:ording to clause GC 8.02.04. Payment on a T1rne and
Material Basis. Where "Cost PkJs" and "Fon::e Account" are used they shall have the same rnemling.
"-4
OPS 0... Col,dIIo". fIIf Connc:t.~ 111119
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UtilIty: means an aboveground or underground faciIily maintained by a municipalily, public utility authority
or regulated authority and includes serviceS such as sanitary sewer, storm sewer, water, eleclric, gas, oR,
steam. data transmission, telephone and cable t&levislon.
Warranty Period: means the period of 12 months from the dale of SUbstantial Performance or such
longer period as may be specified for certain Materials or some or all of the Work. Where a date of
SUbstanlial Perionnance is not established. the W8IT8nty Period shall commence on the date of
Completion.
Work: means the lDlal construction and related serviceS required by the Contract Documents.
Working Area: means"a11 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 slatutOry holidays;
. b)" except a'Oay as det8rriIiiled'bylhe CorIlriidAdmlnislralor;'0II'whlcI1'1I1e-:Oontrac*lis prevented by
- incIernent we8ll'eror COI.ditiotls resulting immediaIeIy'll'-$6om,'r.om ptoceedlllg"'Nith'a-Controlling
Operation. For the pUrpclIH of this definition, this will be a Day during'whiclTthe co,ltoaCb:.fcannot
proceed with at least 60% of the normal labour and equiprilent foR:e"~ engaged en the
Cotllrolling o.-dtion for at least 5 hcurs;
c) except a Day on which the co,d1....b.A is prevented from proceeding with a ConlJOlling OpeIation, as
delem1ined by the Contract Admirlilibator by reason of,
i. any breach of the Contract by the Owner or if such prevention is due to the OWner, another
ccntnlclDr hlred by the Owner, or an emplOyee of any one of them, or by anyone else acting on
behalf of the Owner.
ii. on-deIivery of OWner-sllpplied materials,
iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the
ContractDr to the sallsfaclion of the Contract Administrator.
Working Drawings: or Working Plans: " means any Drawings or Plans prepared by the Contractor for the
execution of the Worlt and may, wllhout Umlting the generally thereof, include fa~81MlIk plans, Roadway
proteclicn plans, shop drawings, shop plans or erection diagrams.
GC 1.05
SUbstantial Perfonnance
.01 The Work is substanlially petfonned,
a) when the Worlt to be perfotmed under the Conlracl or a substantial part:lhereof is ready for use
or is being used for the purpose intended; and
b) when the Work to be petfonned tR1der theConlraclis c.apable'of comp/elion or, where there is a
known defect, the cost of ccrreclion, is not more than
i. 3% of the first $500,000 of the Contract price,
il 2% of the next $500,000 of the Contract price, and
iii. 1 % of the balance of the Contract price.
.02 For the purposes of this ConIract. where the ~ 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 ~rT .IS beyond the control of the CCllbactol or, where the OWner and the
COllbactor agree not 110 complete the Work expediliously, the price of the services or materials
remaining to be supplied and required to ccmplete the Worlt &hall be deducted from the Conlracl
price in determining SUbstantial Performance.
OP8Genor11~,,"'~'8.;1I1_1_
"'5
GC 1M
CompIelion
.01 The Work shan be deemed to be completed and services or Materials shaH be deemed to be last
supplied to the Work when the price of completion, corredion of a known defect or last supply is not
more lh;In the lesser of,
a) 1% of the Contract price; or
b) $1,000.
GC 1.117
Final Acceptance
.01 Final Acc:eplance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect
work and has discharged all of the COub .....tur's obligations under the Contract
GC 1.oa
Interpt etAlioo of Certain Words
.01J)1e words "acx:eptabIe", "approval", "authorized", "considered neces&aly". "directed", "required",
.. :~.;~satisfactOly". or words of like import, shall mean approval of, dileob:d, required, considered
. - neces5aly or authorized by and acc:eplable or salisfaclory to the Contract Administrator unless the
context clearly indicates otherwise.
.~ ."',
"-6
OPSGeneNI~..fJlCoIhc:t.Seple.,~ 1189
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SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the information furnished in the Contract Documenls can be relied upon with
the following lmilalions or exceptions:
a) The Iocalion of aI mainrme underground utilities which will affect the Work will be shown to a
tolerance of:
i. 1 m horizllnlaI and
ii. 0.3 m lleltical
b) The OWner does not warrant interpretations of data or opinions expressed in any Subsurface
Report available for the perusal of the eo. obaclDr and excluded from the Contract Documents; and
c) Other information spec:iIicaIIy excluded from this warranty.
GC 2.02
Older of Precedence
.01 In the event of any inconsistency or conflict in the contents of the folloWing documents, such
documents shall take precedence and govern In the following order:
a) Agreement
b) Addenda
c) SpecIal Provisions
d) Contract Drawings
e) Standard Specificalions
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) Working Drawings
Later dates shall govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsiswncy in the information shQwn on Drawings, the
following rules shal apply:
a) Dimensions shawn in figures on a'Drawing shall govern wheIe they dIlfer from dimensions scaled
from the _ drawing;
b) 0Iawings of Jarger scale shall govern over those of smaller scale;
c) Detailed Drawings shaD govern over general Drawings; and
d) Drawings of a Ialer dale shall govern over those of an eerier dale in the _ series.
.03 In the event of any conllict in the contents of Standard Specificatious the following order of
precedence shaD govern:
a) Ontario PIovInclaI Standard SpecificaIions; then
b) Other Staudard Spec:iIications, such as those produced by CSA. CGSB, ASTM and ANSI, and
referenced in the Ontario Provincial Standard SpeciIic;alions.
.04 The Contract Documenls are COtllplemenlaly, and what is required by any one shaD be as binding as
if required by al. . ' .
OPSo.ow.ICCll "'" "'af~.81.1 ......1.
"'7
GC 3.01
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
Contract Admlnistrator's Authority
.01 The Contract Administrator will be the Owner's represenlative during construction and until the
issuance of the Completion Certificate or the issuance of the FIIllII Acceptance Certificate whichever
is later. All instructions to the ContraclDr including instructions from the Owner wiD be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the perfonnance and the quaUty of the
Work or the interpretation of the Contract Documents shaD be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the WOIk for its conformity with the plans and specifications,
aJ!d to record the necessary data to establish payment quantities under the schedule of tender
qiianlities and unit prices or to make an assessment of the value of the WllfI( completed in the case of
i~UmP sum price contract
-.~.
.04 .The Contract Administrator will determine the amounts owing to the Cc,.cb....b",. 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 wiD with reasoriable promptness review and lake appropriate action upon
the Contractor's submissions such as shop drawings, product data, and samples in accordance with
the Contract Documents.
.06 The Contract Administrator will investigate all allegations of a change in the character of the WOIk
made by the Contractor and issue appropl iate instructions.
.07 The Contract Administrator wiI prepare Change Directives and Change Orders.
.08 Upon written application by the Cohb a..tu., the Contract Adminislralor and the Contractor wiI joinUy
conduct an inspection of the WOIk to establish the date of Substantial Performance of the Work
. andIor the date of Completion of the Work.
.09 The Contract Admilobb..tur will be, in the first instance, the interpIeter of the Contract Documents and
the judge of the performance thereunder by both parties to the Contract. Interprelations and
decisions of the Contract Administrator shaN be consistent with the intent of the Contract Documents
and in making these decisions the Contract Administrator will not show partiality to ellher party.
~ .~
.10 The Contract Administrator Will have the authority to reject part of the Work or Material which does
not confonn to the Contract Documents.
.11 Defective work. whether the result of poor worlcmanship, use of defeclive material, or damage
through carelessness or other act or omission of the Contractor and 'whether Incorporated In the Work
or not, which has been rejected by the Contract Administrator as failing to conform to the Contract
Documents shaD be removed promptly from the WOlle by the Contractor and replaced or re-executed
promptly in accordance with the Contract Documents at no additional cost to the Owner.
.12 Any part of the Work destroyed or damaged by such removals. replacements or re-executions shall
be made good, promptly, at no additional cost to the Owner.
.13 If. in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not
performed in accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the ContractDI the dilferance in value between the work as performed and that
called for by the Contract Adminil!lJalor.
"'8
OPS ~ ean-'I "', Cclolbct -Ill, I ,.b.. 1899
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.14 Notwithstanding any inspeclioo IS made by the Contract Adminlstrator or the issuanCe of any
certificates or the making of any payment by the Owner. the failure of the Contract Adminislrator to
reject any defective work or MaleriaI shall not c:onstituIe acceptance of defective work or Material.
.15 The Contract Admiuilibator will have the authority to temporarIy suspend the Work for such
reasonable time lIS may be nee mary to faciliIate 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 SU$petlSion of work.
GC 3.02
Working Drawings
.01 The Collbaclor shaI arrange for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Doc:umenls.
.02 The COhbactor shaI submit Wotking Drawings to tile Contract AdminisIralOr with reasonable
promptness and in orderly sequence so as to not cauSe delaY in theWolk. '-If~ the Contractor or
the Contract Administrator so requests they shaRjoinlly prepare a . schedule fixing the dates for
submission and return of Wotking Drawings. Working Dra.w1gS shaH be submitted in printed form.
Al the time of submission the Contractor shall notify the Contract AdminIslrator in writing of any
devialions from the Contract requinlments that exist in the Working Drawings.
.03 The Contract Administrator will review and return WoIIcing Drawings in accordance with an agreed
upon schedule. or olhefwise. with reasonable promptness so as not to cause delay.
.04 The Contract AdminisllalDl's review will be to chet:k for conformity to the. design concept and for
general anangement only and such review sheA not relieve the Contractor of responsibility for enors
or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract
Documents unless a deviation on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Cohbactol sheA make any changes in WoIIcingDrawings which the Contract Administrator may
require consistent with the Contract Documenls and RlSUbmit unless otherwise directed by the
Contract Adminislrallor. When resubmitling. the eo. ..actor shaRnotify the Contract AdminisIrator in
wrilingof any revisions olherlhan those reques1Bd by the Contract Adminilltulll\:)l.
.06 Work related to the Working Drawings shall not proceed until the WoIIcing Drawings have been
signed and dated by the Conlract Adminillb.... and naked with the words"Reviewed. Permission
to construct granted.
.07 The Contractor sheA keep one set of therevie'oNed WoIIcing Drawings; rnarl(edas above. at the site at
an times.
GC 3.G3
Right of the Contract Administrator to Modify Methods and equipment
.01 The COtlbactor shaH. when requesled in writing. rnaJce alterations'in the method. Equipment or work
force at any time the Contract Administralllr considerS the CUIlbeoctots actions to be unsafe. or
damaging to either the Work or existing ~ or the environment.
.02 The Contractor shan. when requested in writing. alter the sequence of lis operalio/ltl on the Contract
so as to avoid interference with work being performed by others.
.03 NotwIthstanding the foolgoilfl. the Col,bactor shall ensure that all necessary safety precautions and
protection are maintained lhroughout the Work.
OPS~~ -. lulContl8cl.S .1 'M tll89
hOe'
GC3J14
Emergency Situations
"'-.
.01 The Contract Administrator has the right to determine the existence of an emergency situation. and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to lake action to remedy the situation. If the Contractor does not lake 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 WQrk shall be done at the
Contractor's expense. If the emergency situation was not the fault of the Contractor. the Owner will
pay for the remecflal work.
GC 3,0$
Layout
c.
.01 The Contract Administrator will provide baseline and benclvnark information for the general location,
. .l!Ii9nment and elevation of the Work. The Owner win be responsible only for the correctness of the
, .,ijfoI;.18lion provided by the Contract Administrator. .
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GC 3.0&
Woddng Area
,,"-,'
.01 The COId1ado(s sheds. site ofIices, toilets. other temporary structures and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition
alan times.
.02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor
require more space than that shown on the Contract Drawings, the Contractor shan obtain such
space at no additional cost to the OWner.
.03 The Contractor shaD not enter upon or occupy any private property for any purpose, unless the
Contractor has received priorwrit1en pennission from the property owner.
GC 3.07
extension of Contract Time
.01 An application for an extension of Contract Tune shall be made in writing by the Contractor to the
Contract Administrator as SOOII as the need for such extension becomes evident and at least 15 Days
prior to the expiration of the Contract Tune. The application for an extension of Contract Tune shail
enumerate the reasons, and stale the length of exIet ISion required.
.02 ,Circumstances suitable for consideration of an extension of Contract Time. include the following:
a) Delays; See subsection GC 3.08.
b) Changes in the Work; See clause GC 3.11.01.
c). Extra Work; See clause GC 3.11.02.
d) Additional Work; See clause GC 3.11.03.
.03 The Contract Administrator will, in considering an application for an extension to the Contract Time,
lake into account whether the delays. Changes in the Work, Extra Work or Additional Work involve a
Controlling Operation.
.04 The Contract Tune shaD be extended for such additional time as may be recommended by the
Contract Administrator and deemed fair and reasonable by the Owner.
.05 The terms and conditions of the Contract shan oontinue for such extension of Contract Time.
Page 10
OPS o.n..I ColIdlloG6 of ConInlct. Ill~ _1_
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GC 3.oa
Delays
.01 If the Cot dradDr is delayed in the pedonnance of the Worit by,
a) war, blockades, and civil COnR'IClIionS, errors in the Contract Documents; an act or omission of the
Owner or Contract AdministralDr, or anyone employed or engaged by them direclIy or indireclly,
contrary to the provisions of the COntract DocumenlS;
b) a stop work order issued by a court or public authority, provided that such order was not issued as
the result of an act or omission of the CcnobacllOr or anyone employed or engaged by the
CunbaclDr direclIy or indirectly;
. . c) the Contract AdmilMalor giving notice undersubseclionGC-7.09; SUspension ofWotk;
d) abnormal inclement weather; or
. e)an:haeological finds in accocdallce with subsection GC 3.16,ArchaeoIogieal Finds,
then the Co.ob-u shall be reimbursed by the Ownerforreasonableoosts incuned by the Contlactor
as the result of such delay, provided that in the case of an application for an extension of Contract
Tlniedue 10 abnoml8l inclllmentweather;'lhe'Cuodl..clor'shalI; wilh-the ConlradDr's-appIicalion,
submit evidence from Environment Canada in.support of such .appIication. .-i:xtetlsioh of Contract
Tune will be granted in accocdance with subsection GC~07; Extension of,ContIact Tme,
.02 If ~ Woritis delayed by labour disputeS, slrikes or Iock-outs - including Iock-ouls decreed or
recommended lDils members by a 'recognized COtdraclDr's ~tion, of which the Contraclor is a
member or 10 Which the c..lbaclof is otherwiSe bound - Which are beyond the Conlractor's conIrol,
then the Contract Tine shall 'be' extended' in' accordancewitll'Subseclion GC. 3.07; .Extension of
Contract Time. In no case shaD the extension of ContIact Time be lesslhan the time lost as the
result of the event causing the delay, unless a shorter extension is agreed to by the co,dlactor,. The
c....lIlactor shall not be entitled 10 payment for cosIs incuJTed as the result of such delays unless such .
delays are the result of actions by the Owner. .
GC 3.09
AssIgnment of Contract
.01 The ConIraclDr shal not assign the COntract, either in whole or in part. without the wrItIen consent of
the Owner.
GC3,10
Subcontracting by the Contractor
. .01 The ConIractor may suLM"lbact any part of the Work; subject to these General Condilions and any
fimitations specified in the Contract DocumenIS.
.02 The Cotdractorshall noIifythe ContractAdlninislralor, inwriting:of'the'inIenIion-to~lbacL Such
nolificalion shaH identify the part of the WllIk, and the SubconlraclDr with whom it is intended.
.03 The Contract AdmiMdt<l(wlI, within 10 Days of receipt ofsuchl~'accept or reject the
intended SUbconIracIDr. The rejection will be in wriIlng.and wiR include the reasons for the RIjection.
.04 The ConIractor shall not, without the wrItIen consent of the Owner, change a SUbconIractor. who has
been engaged in accordance with subsecIion GC 3.10 SubconItacIii1g by the c..dl............
.05 The ConIractor shall preServe and protect the righIs of the parties underthe Contract with respect to
that part of the WoritID be.performed under suLM"lbact and shall,
a) enter into ag.-nenlS with the intended Sub.....ub actors to require them lID perfotm their work in
accordance with the Contract Documents; and
b) be as fully responsible lID the Owner for acIs and omissions of the Cot ,bactor's Subconlnlctors and
of persons direcIIy or indireclIy employed by them as for acts and omissions of persons direclly
emplOyed by the CotlllllClor.
OPS GIllnI Co< -. ria aI ConlI8ct - S .11 .... 11_
"-11
.06 The Ownel's consent to subco.lbacling by the Contractor shaI not be construed to relieve the
Contractor from any obngation Ift'Ider the Contract and shall not impose any liability upon the Owner.
Nothing contained in the Contract Documents shall create a oontractuaI relationship belween a
Subcontractor and the OWner.
GC 3,11
GC 3,11.01
Changes
Changes In the Wortt
.01 The Owner. or the Contract Admillibbcdur where so authorized, may. by order in writing, make a
Change in the Work without invalidating the Contract. The Contractor shall not be required to
proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such
Change Directive the Contractor shaH proceed with the Change in the Work.
.02 )])a Contractor may apply for an extension of Contract Tme according to the terms of subsection GC
3:07. Extension of Contract Tme.
.03 If.the Changes in the Work reIale so/eIy to quantities, payment for that part of the Work will be made
-aCcording to the conditions spedfied in clause GC 8.01.02, Variations in Tender Quantities. If the
Changes in the Work do not so/eIy relate to quantities, payment may be negotiated pursuant to
. subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the
conditions contained in clause GC 8.02.04, payment on a Tme and Material Basis.
GC 3,11.02
. ExtraWork
.01 The Owner, or Contract Administrator where so authorized, may inslruct the Conb...u to perform
Extra Work without invalidating the Contract. The Co"bcdu.' shaI not be required to proceed with the
Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the
Contractor shall proceed with the Extra Work.
.02 The Contractor may apply for an extension of Contract Tme according to the terms of subsection GC
3.07. Extension of Contract Tune.
.03 payment for the Extra Work may be negotiated pulSUant to subsection GC 3.14. Claims.
Negotiations, Mediation. or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3.1.1.03
Additional Work
.01 ~ Owner. or Contract Administrator where so authorized. may request the Contractor to perfonn
AddilionaJ Work without invalidating the Contract. If the Contractor agrees to perform Additional
Work. the Contractor shan proceed with such Additional WOIk upon receipt of a Change Order.
.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 Additional Work may be negotialed pulSUant to subsection GC 3.14, Claims,
Negotiations. Mediation. or payment may be made according to the conditions contained In clause
GC 8.02.04, Payment on a Tme and Material Basis.
GC 3,12
NotIces
.01 Any notice permitted or required to be given to the Contract Admlolillbalor or the Superintendent in
respect of the WOIk shaH be deemed to have ~ given to and received by the addressee on the
dale of delivery if delivered by hand or by facsimHe transmission and on the fifth Day after the dale of
maIing if sent by mal.
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.02 The co"badDr and Ihe Owner shaH provide each other with Ihe mailing addmsn, telephone
numbenl and facsimile letminaI numbers for the Contract Administrator and Ihe SuperIntendent at the
eommencet.1ElIIt of the WOrk.
.03 In the event of an emeIget\CY situation or other utget1t maUer the Contract Administrator or the
SUperintendent may give a verbal notice. provided that such notice is ..o.,r~ ...ed in writing within 2
Days.
:.04 .Any noticepennitled or required to be given to the Owner or the Contractor shaI be given in
ac:cordance with the notice provision of the Contract.
GC 3,13
. Use and OccupIUICY of the Work PrIor to SUbstantial Perfonnance
.01 Where It is notoontemplatedeJsewhere in.the Contract Documents, the Owner may use or occupy
Ihe Work or any partlhereof prior to Substat1liat_f'erfonnanc:e;provided.1hatatleasl30 Days' written
notice has been given to the Cuo.badDr.
.02 The use or occupancy of Ihe Work or any part thereof by the Owner pric:lrtoStibstantial Performance
shaD not constilule an IIOOelJlao ICe of Ihe WOrk or parts so occupied. In-addition. Ihe use or
OCCllpMCy of !he WOrk shaI not reIieYe Ihe Cuo1ll6Clot or the Cuo.bactor's Surety from any liability
that has arisen, or may arise. from the performance of the WOrkinaccotdallCe.with.the.co"tract
Documents. The Owner will be responsible for any damage that OCCUIS because of Ihe Owner's use
or occupancy. Such use or occupancy of any part of the WOrk by the Owner does not waive the
OWner's tight to charge the Cotlllactorliquidaled damages in accordanoewith the terms of the
contract.
GC3,14
GC 3.14.01
Claims. NegotilIIions. MedIation
ContInuance of the Work
.01 Unless the Contract has been terminated or completed. the Contractor shaD in every case. after
seMng or receiving any notificalion of a claim or cIispule;verbal or written, continue to pt oceed with
the Work with due diligence and expedition. It:is tmdelstood by-the parties that such.action will not
jeopaIdize any claim It may have. .
GC 3,14.02
Record KeepIng
.01 Invnediately upon commencing work which may result in a cIaIm,theco.dladDr shal keep Daily
Work Records during the course of the Work, sullicieut tosubstantiale the co,lll-u's ~ and the
Contract Admirlilltlafl)( will keep Dally WOrKRecordsto" be used in 'IS S 1 $il 'II_II... .CUO.b....to(s claim.
aU in accotdance with clause GC 8.02.07. Reconfs.
.02 The Contractor and the Contract Administrator shaD reconcile their respective Daily Work Records on
a daily basis, to simplify review of the cIaIm,when submitted.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconcifing of such Daily
Work Records with those of the Contractor shaH not be construed to be aa:eptance of the claim.
GC 3,14.D3
ClaIms Proc:edUIe
.01 The Contractor shaH give verbal notice of any situation which may lead to a claim for additional
payment imn.edilllely upon becohliug aware of the situation.
.02 The Contractor shaD provide wrmen notice in Ihe standard form "Notice of Intent to Claim" within 7
Days of the commtltlC8l'l8Rt of any part of the Work which may be .llfa..l8d by the sltuallon.
ops~c... Ill. .of~.II~'I-'-
""3
.03 The Conlractor shaM submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the work affected by lIle situation. The detailed claim shall:
a) identify lIle item or items in respect of which the claim arises;
b) slate.the grounds, contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In lllCCeptional cases lIle 30 Days may be increased to a maximum of 90 Days with approval in writing
from ~ Contract Administrator.
.04 \NiIhin 30 Days of the receipt of the Contraclo(s detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shaH submit the requested infonnation
wiIhin 30 Days of receipt of such request.
.05 WiIhin 90 Days of receipt of the detailed claim, the Contract Administlator shall advise the Contractor.
in writing, of the Contract Adminislrator's opinion with reg8ld to the validity of the cIalm.
il!/F..
GC3A4.04 Negotiations
""!fi1e"
.01 -The parties shaH make aU reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejucflCe, open and limeIy disclosure of relevant fads, infonnalion, and
docurnenls to faciItate these negotiations.
.02 Should lIle Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to
. any part of the claim, the Contract Administlceh.r shall enter into negotiations with the Contractor to
reso/ve the matlets in dispute. Where a negoIiat:c1 setIIement cannot be reached and it is agreed
Ihat payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04,
Payment on a Tune and Material Basis, the parties shall proceed in accordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration.
GC 3,14.05
Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, wiIhin a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and
the Contractor wishes to pursue the Issue further, lIle parties may, upon mutual agreement, utilize the
seIVices of an independent lIlird party mediator.
.02 The mediator shall be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shaH
/1:II!llll with the parties together and separately, as I'eQKsary. to review all aspects of the issue. In a
. fiiilil attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration
the mediator shall provide, without prejudice, a non-binding recommendation for settIemenl
.04 The review by lIle mediator shall be completed wiIhin 90 Days following the opinion given in
paragraph GC 3.14.03.05.
.05 Each party is responsible for its own costs related to the use of the lIlird party mediator process. The
cost of the lIlird party mediator shall be equally shanlcI by the Owner and Contractor.
GC 3,14,06
Payment
.01 Payment of lIle claim will be made no later than 30 Days after the date of resolution of the claim or
dispute. Such payment will be made according to the tenns of Section GC 8.0, Measurement and
Payment.
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GC 3,14,07
RIghts of BoIh Parties
.01 It is agreed that no action taken under this subsection GC 3.14, Claims. Negotiations, Mediation. by
either party shaft beoonsbued as a renunciation or waiver of any of the righls or recourse available to
the parties. provided that the requirements set out in this subsection are fulfilled.
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 mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke
the provisions'of subsedion GC 3:15, Engineering Arbitration, by giving writlennotice to the other
party.
.02 Notific.ation that arbibation shaD be implemented to resolve the Issue $hall be-communicated in writing
as soon as possible and no Iaterthan'60"Days'foIIowirl!r1he op/tion"'given in paragraph GC
3.14.03;05. Whele the use of a thild parl:1mediator was ilutAetnentedrnolificatioo shall be within 120
Days of the opinion given in palagraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and pnx:eduresof the Arbit1ation Act, 1991. 8.0. 1991. c.17. as amended, shall apply to
.any lWbib"IiOIl conducted hereunder except to the extent that they are modified by the express
provisions of this subsection GC 3.15, Engineering Muib....,.
GC 3.15.02
kblballon Proc;edure
.01 The following provisions are to be included in the agreement to 8l"bihate and are ~ only to such
right of appeal as exist where the arbIlralor has exceeded 'his or her jutisdiClion or have otherwise
disqualified him or IIerseIf:
a) All existing actions in .espect of the matters under atbib..1iun wIJ'be'slayed pendiug arbilralion;
b) All outstanding claims and matIers to be setI1ed are to be set out in a schedule to the agreement
Only such claims and matIeIs as are in the schedule will be art.ibdbod; and
c) Before proceeding with the arblllation. the Contractor shen cOhfinn that an matters in dispute are
set out in the schedule.
GC 3,15.D3
Appointment of Atblb",tur
.01 The arbitrator shall be mutually agreed uponby1he Owner and Cot.blldDl'cfr1adjudicate the dispute.
.02 Where the Owner and Conlraclor cannot agree on a sole arbitrator within 30 Days of the notification
of arblllation noted in paragraph GC 3.15.01.02. the Owner and the Cuub..G1ol'Shall each choose an
appointee within 37 Days of the notice of arbIlration.
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shen refer the matter to the ArbiIration 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 albibaloi shall not be interested financially in the Contract nor in either party's business and shel
not be employed by either party.
.05 The arbitrator may appoint Independent experts and any other persons to assist him or her.
OPS o...r.I ColldIloI. of ~.I.I .... 111II9
""5
.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 arbilralor 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 shaD be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shared equally by the Owner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agreed upon by. both parties Of in the event
the parties do not agree, a site shaH 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 Of her disaetion, award reasonable costs, related to the arbitration.
GC 3,15.05
The DecIsion
.01 The reasoned decision Will be made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be granted with consent of both parties. Payment shall be
made in accordance with clause GC 3.14.06. Payment
GC 3,16
Archaeological Finds
.01 If the Contractor's operations expose any items which may indicate an archaeological find, such as
building remains, hardware. accumulations of bones, pottery. or arrowheads. the Co"tl-.lu.' shall
immediately notify the Contract Administrator and suspend operations within the area identified by the
Contract Administrator. Notification may be verbal provided that such notice Is confirmed in writing
within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract
AdminilOtl.lI"r in writing. in accordance with subsection GC 7.09, Suspension of Work.
.02 Any delay in the comp/etion of the Contract that Is cansed by such a suspension of Work will be
considered to be beyond the Conlractor's control in accordance with paragraph GC 3.08.01.
..03 Any work directed or authorized in connection with an archaeological find will be considered as Extra
c y'\!ork in accordance with clause GC 3.11.02, Extra Work.
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GC 4.01
SECTION Be 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
Wortdng Area
.01 The Owner wi. acquire an property rights which are deemed necessary by the Owner for the
construction of the Work. including temporary working easements, and will indicate the full extent of
the Woddng IVea on the Contract Drawings.
.02 The Geotechnical Report and.SUbsurface Report which will be provided by the OWner as part of the
tender documents shall fonn part of the Contract Drawings.
Be 4.02
Approvals and Pennlls
.01 The Owner wi! pay for an pk.mbing and building permits.
.02 The Owner win obtain and pay for all permits, lcernrand .certif.......~SClIelycJequired.for Project
approval .
GC 4.03
~and DIspasItioo oflllaterials
.01 . The Owner wi! identify in the Contract Documents the materials to be moved within or removed from
the Working Area, and any charaderistics. oflhose maletials which will nenl 'he special materials
management and disposition.
'. '.02. In ac:toldance-wilhte!iuJalionsunderthe 0ccupeti0naI Healthand.SafetyAct; R;S.O.1990; c.O.1, as
amended,the Owner advises that
a) the designated substallces silica, lead and arsenic are generaDy present throughout the Working
IVea occurring naturaly or asa result of vehicle emissions;
b) the designated substance asbesIDs is pRI s e Ilt in asbeslDs conduits for utiIlies;
C)" the' fOllowing hazardous . nlaterials are 'ordinarilY pRIsent in CClIlSlnJction activities:. limestone,
gypstml, marilIe, mica and PorUand cement; and
d) exposure'to these substallcas may occur as.a result of actiYitias by the Co.,b.....tu. such as
sweeping, grinding, crushing, driHing, blasting; cutting and abIaslve blastillg.
.03 The Owner will identify in the Contract Documents any desigol8l8d substances or hazardous
materials other than those identified above and their IocaIion in the Working 1Vea.
.04 If the Owner or COllb.....tu. discovers or. is advised ,of ,the' pnIssnce..of .designated ,substances or
hazardous materials which are in addition tolhose listed in paragraph GC 4.03.02, or not clearly
identified in the'Contract'DocumentsllCCCllding1l:J.__....lvGC,4,oa:03:~"verbalnotice wiI be
provided to the other party immediately withwritlen .......II..diuo..within '2 Days. The ContraclDr will
stop work in the area 'immediately and wi! deIermine the nees s s at Y steps required to complete the
work in ac:cordance with applicable legislation and regulalion.
.05 The Owner will be responsible for any reasonable addilional costs of removing, managing and
disposing of any maIeriaI' not identified in the Contract Doeurnents. or where condIIIons exist that
could not have been reasonably fore seen at the time of tendering. All work under this paragraph
shall be deemed to be Extra Walk.
.06 Prior to commenoement of the Work. the Owner will provide to the COlltractor a list oflhose products
cOllllolled under the ~ Hazardous Mldsrlals Information System or WHMIS, which the
Owner wi! supply or use on the Contract. together with copies of the Materials Safely Data Sheets for
these products. AI containerlI used in the application of procIucts oo.dll>lled under WHMIS shall be
labelled. The Owner wit notify the Co........... in wri/Ing of chengeS to the 1st and provide relevant
MaterIal Safely Data Sheets.
OPSo.n..ICondllo..ufCGnnct.I,' _,.
hoe '7
GC 4.04
Construction AffectIng Railway Property
.01 The Owner will pay the costs of all nagging and other traffic control measures required and provided
by the railway company unless such costs are solely a function of the Contractol's chosen method of
completing the Work.
GC 4,05
Default by the Contractor
.01 The Contractor shan be in default of the Contract if,
a) the Contractor fails to commence the Work or execute the Work properly or otheIwise fails to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency. .
GC ,~!l6 Notification of Default
;','
, ."~~'
.01Jhe Owner will give written notice of a default to the Contractor as soon as the OWner becomes
aware of the aHeged default but taBure to give such notice in a timely way shall not constitute
condonation of the default. The notice will Include ~ to correct the default within 5 Working
Days.
GC 4.07
Contractor'a RIght to Correct. Default
.01 The Contractor shall have the right within the 5 fuR Working Days following the receipt of a notice of
default to correct the default and provide the Owner with satisfactoly proof that appropriate correcIive
measures have been taken.
.02 If the correction of the default cannot be completed within the 5 full Working Days foIowing receipt of
the notice, the Contractor shal not be in default if the Contractor,
a) commences the correction of the default within the 5 fuB Working Days following receipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correclion; and
c) completes the correclion in accordanee with such schedule.
GC 4.08
Owner's RIght to Correct Default
.01 If the Contractor fais to correct the default within the time specified in subsection GC 4.07,
. ,Ji;pllbacb..o's Right to Correct a Default, or subsequenUy agreed upon, the Owner, without prejudice to
.8!lY other right or remedy the Owner may have, may correct such default and deduct the cost thereof,
as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor.
GC4.09
Termination of Contrac:tor's RIght to ContlIIue the Work
.01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07,
Contractor's Right to Correct a Default, or subsequenUy agreed upon, the Owner. without prejudice to
any other right or remedy the Owner may have, may terminate the Contractor's right to continue the
Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the OWner
will be entiUed to,
a) lake possession of the WoOOng A1ea or that portion of the Working Area devoted to that part of the
Work terminated;
b) uIIIIze the ~uipment of the Cunb....Al.r and any NaterlaI within the Working Area which is intended
to be Incorporated Into the Work, the whole subject 10 the rlght of third parties;
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
wIthdrnn from the eo....acto. UIItiI the Work or portion thereof wIthdrnn is completed;
P8ge18
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d) charge the Contrac:lDr the additional cost over the Contract price of compleling the Walk or portion
thereof wilhdrawn from the Contractor. as oertiIied by the Contract AdminislralDr and any
additional compensation paid 10 the Contract Adminillb6loo' for such additional service arising from
the coneclion of the default;
e) charge the C"..boduo a reasonable allowance. as delennined by the Contract Administrator. 10
cover correclion 10 the Work perfonned by the COhbactor lhat may be required under subsection
GC 7.15, Warranty;
f) charge the Contrac:lDr 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 c:orredions 10 the Work under subsection
. GC 7.15, W&mInty, exceeds the allowance provided for such c:orrections.
GC 4.10
F"mal payment to Contractor
.01 If the OWner's cost IolXllTllCt and complete the Work in-whole or in part is .Iess than the amount
withheld from the Co..b....b..runder subsection-GC4.09; Tennination.of...co.lIraclot's Right 10
Continue the Work." the Ownerwil pay the'balance 101he'Coom....b..o asSOOl1":85 the final accounting
for the Contract is complete.
GC4.11
Tennlntdlon of the Contract
.01 Where the Contrac:lDr is in default of the Contract the OWner may. without prejudice 10 any other right
or remedy the OWner may have,tennlnatethe Contract by giving written notice of temlinalion 10 the
Coolbactor. the Surety and -any 1JUStee~or receiver acting on behalf of ' the COOlb....A.o.s eslate or
credilllrs.
.02 If the Owner eIecIs 10 tennlnate the Contract the OWner will provide the Contractor and the trustee or
receiver with a complete accounting 10 the date of terrninaIion.
GC4.12
ContInuation of eo..h~s Obligations
,01 The Contraclor's obligation under the Contract as 10 quality; correction and wmrantyof the Work
petfotmed prior 10 the time of termination of the Contract or tenninalion of the Cu.otIaclol'sright to
conlInue with the Work in whole or in part shall continue 10 be in force after such tenninalion.
004.13
Use ofPerfonnance Bond
.01 If the Contrac:lDr is in default of the Contract and theContrac:lDrhas provided a Petfonnance Bond,
the provisions of this SecIion shaI be exercised' in 8CtlOIdance with thecondi\ic)nS of the Peiformance
80n(f.-
OPSo.n-ICoodllol.oteon.ct.1II.' ,....1.
PIge ,.
GC 5,01
SECTION GC 5.0 - MATERIAL
Supply of Material
.01 All Material necessary for the proper completion of the WOlf<, except that listed as being supplied by
the Owner, shaH be supplied by the ContraclDr. The ContIact price for the appropriate tender items
shaH be deemed to include fuR compensation for the supply of such Material.
GC 5,02
Quality of Material
.01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract
Documents.
.02 Material supplied by the ContraclDr shaH conform to the requirements of the Contract.
.03 As specified or as requested by the Contract AdmilUl.hodur, the Cohha..tur shaH make available for
-;jgspeclion or testing a sample of any Material to be supplied by the Conb actu.. ..
. .p
'........
.04 ,The Contractor shaH obtain for the Contract Administrator the right to enter upon the premises of the
Material manufacturer or supplier to carry out such inspection, sampling and testing as specified or a
. requested by the Contract Administrator.
.05 The ContraclDr shal notify the Contract Admir,bhcduo of the sources of supply sufficiently in advance
. .of the Material shipping dates to enable the Contract AdministIator to perform the required inspection,
. sampling and testing.
.06 The Owner wiD not be responsible for any delays to the Cot,bacM's operations where the c<",bcdu.
fails to give suflicient advance notice to the Contract Administrator to enable the Contract
Administrator to carry out the required inspection, sampling and testing before the scheduled shipping
date.
.07 The Co"h....a. shall not change the source of supply of any Material without the written authorization
of the Contract Administrator.
.08 Material which is not specified shall be of a quality best suited to the purpose required and the uSe of
such Material shaH be subject to the approval of the ContIact Administrator.
GC5~
Rejected Material
.01 R~ Material shaH be removed from the WoIking Area expeditiously after the notification to that
Il(fect from the Contract Administrator. Where the Cot,h....a. fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Wortdng Area and
disposed of in what the Contract Administrator considers to be the most appropriate manner and the
Contractor shaD pay the costs of disposal and the appropriate 0YeIt1ead charges.
GC 5.04
Substitutions
.01 Where the specifications require the ContraclDr to supply a Material designated by a trade or other
name, the T eoder shaD be based only upon supply of the Material so designated, which shaD be
regarded as the standard of quality required by the specification. After the acceptance of the Tender,
the Contractor may apply to the Contract Administrator to substituta another Material identified by a
different trade or other name for the Material designated as aforesaid. The application shall be in
writing and shall state the price for the proposed substitute Material designated as aforesaid, and
such other infoonation as the Contract Administrator may require.
P8ge 20
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.02 Rulings on a proposed substitution will not be made prior to the ec:ceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
approval or rejection of a proposed substitution wilt be made at the disaetion of the Contract
Administrator.
.03 . If the proposed substitution is approved by the Contract Administrator. the COhllactor shall be entitled
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shal be conveyed to the
. . Contradllt in writing or by issuance of a Certilicate of Equality on. the Owner's standard form of
. "Certification of Equaity". and if any adjustment to the. Contract price. is made by reason of such
substitution a Change Order shall be issued as well.
GC 5.05
GC 5,05,01
Owner SUppllecl Material
Ordering of Ex_ MatarIaI
.01 Where Material is supplied by the Owner and where this Materialis:OIdetedCby the Contractor in
excess of the amount spec;ilied 10 comp/ete the Wor1c;.:.suchc:excess.Malerial shalbecome the
property of the C..ullackx on completion of the Work and shall be charged 10 the Contractor at cost
plus applicable overl1eads.
GC 5.05.02
Care of Material
.01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner. provide
. adequate and proper storage facilities acceplable to the ContJact AdmlnIstrator. and on the receipt of
such Material shal promptly pIaoe it in storage except where it is 10 be incorporated forthwith Into the
Work.
.02 The Contractor shall be responsible for acoeptance of Material supplied by the Owner, at the
specified delivery point and for its safe handling and storage. If such Material is damaged while
under.the control of the Co..bactor it shall be replaced or repaired by the Co........... at no expense to
the Owner, and to the satisfadion of the Contract Administrator. If such Material is rejected by the
Contract Administrator for reasons which are not the fault of the. Cotdrac:U it shall remain in the care
and at the risk of the Cottlractor until its disposition has been detem*Ied by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are discrepancies between the quantities received 'and:1he~uahlitiesshown on the biJIs of
lading, the Contractor shaD inmediatelyreport such damage or disc:,epancies ID the Contract
Administrator who shall arrange for animmedialBinspection ...of.the"ist~e.lt and provide the
Contractor with a writIen release from responslbility for such damage or.deflCiencies. Where damage
or deficiencies are not so reported it wilt be assumed that the. shipment arrived in good order and any
damage or deficiencies reported thereafter shall be made good by the c<'Olb........ at no extra cost ID
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the ri$k of the Contractor after taking delivery. Such Material
shall not, except with the writIen petnlisslon of the Contract Administrator. be used by the Contractor
for purposes other than the perfonnance of the Work under the Contract
.05 Empty reels, aates, containers and other type of pac:kaging from Material suppled by the OWner
shall become the property of the Contractor when they are no longer required for their original
purpose and shaH be disposed of by the Cot ,b acto. unless otherwise specified in the Contract
Documen1s. .
OPS~~III~-II.' _1889
Page 21
.06 The Col,liack,,( shan provide the Contract Adminislrator, immediately upon receipt of each shipment,
copies of biDs of lading. or such other documentation the Contract Administrator may require to
subslantiate and reconcile the quantities of MaleriaI received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shall, at no extra cost to the Owner. immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and lake charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor it shaD be assumed that the stockpile was in good order when the Contractor look charge
of it and any damage or deficiencies reported thereafter shan be made good by the Contractor at no
extra cost to the Owner.
...:;~-,.-
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Pee- 22
OPS o..-Col_..d~. _I. ._1899
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GC 6.Q1
SECTION GC 6,0 . INSURANCE, PROTECTION AND DAMAGE
Protection of Work. Persons and Property
.01 The Contractor, the Contractor's agents and aU workers employed by or under the control of the
Contractor. including Subcontraclors. shall protect the Work, persons and property from damage or
injury. and shaH be responsible for aU losses and damage which may arise as the result of the
ContJac:tor's operations under the Contract unless indicated 10 the contrary below.
.02.. The Contractor is responsible for the full cost of any necel!litlry temporary provisions and the
restoIation of aU damage where the Contractor damages the Work or property in the pertonnanee of
the Contract. If the Contractor is not responsible for the damage that occurs 10 the Work or property
the CotdradDr shall restore such damage. and such WOIk shall be administered according 10 these
GenelaI Conditions.
.03 The Contractor shall inmedialely informthe~Contract Admi'''bdlO( of au.damage and injuries which
occur during the tenn of the Contract.
.04 The Contractor shaD not be responsible for loss and damage that occurs as a result of.
a) war;
b) blockades and civil commotions;
c) errors In the Contract Documents; or
d) acts or omissions of the Owner. the Contract Adminislralor. their agents and employe ~li. orolhers
not under the control of the Contractor. but within the Wot1dng Area with the OWner's permission.
.05 The Co.lbaclol and his Surety or Sureties shall not be released from any tenn or provision of any
responsibility. obrrgation or liability under the Contract or waive or impair any of the rights of the
Owner except by a rele ~S& duly executed by the Owner.
GC 6.02
indemnification
.01 The Co.lbac:lor shall indemnify and hold harmless the Owner and the Conlracl Admil-.balo., their
agents, officers and employees from and against all claims. demands, losses, expenses. costs,
damages, actions. suits or proceedings by third parties, hereinafter called "claims", direclIy or
indireclly arising or aIeged 10 arise out of the perfonnance of or the failure 10 perform the Work,
provided such claims are,
a) atIributable 10 bodily injury. sickness. diseaS&. or death or 10 damage 10 or destruction of tangible
property.
b) caused by negligent acts or omissions of the'CoutraClllf or anyone,for;whose acts the Contractor
may be liable; and
c) made in writing within a period of 6 years from the date of Substantia~PeIformance of the Work as
set out In the Certificate of Substahlial Perfonnance of the Work or. where so specified in the
Contract from the date of C$jtifltation of Anal Acceptance.
.02 The Contractor shaD indemnify and hold hannless the Owner fromal and every claim for damages,
royalties Of fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work perfonned or MaIeriaI furnished by the Contraclt:lt under the
Contract.
.03 The Owner expressly waives the right 10 indemnity for claims other than those stated above in
paragl8phs GC 6.02.01 and GC 6.02.02.
.04 The Owner shall Indemnify and hold harmless the Co,'b....k,(. his agents, officers and employees
from and against al claims, demands. losses. expenses, Costs. dIItnages, actions. suits. or
proceedings arising out of the Contractor's performance of the Contract which are atIributable 10 a
lack of or defect in title or an alleged lack of or defect In title 10 the WorkIng Area.
OPSOenMICal"'....ofCaMa.t. ......1_
PIIge 23
.05 The Contractor expressly waives the right to indemnity for claims other than those stated above in
paragraph GC 6.02.04.
GC 6.03
Contractor's Insurance
GC 6.03.01
General
.01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide,
maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only app/y when so
specified in the Contract Documents.
GC 6.03.02
General liability Insurance
.01 General rlability insurance shall be in the name of the Contractor, with the Owner and the Contract
, Ailministrator named as additional insureds, with Umils of not less than 5 million dollars inclusive per
~Irrence for bodily injury, death. and damage to property including loss ot'use thereof, with a
.P!;9P8rtY damage deducbble of not more than $5000. The form of this inSurance shall be the
Igsurance Bureau of Canada Form IBe 2100, dated 8-87. '
.02 / Another form of insurance equal to or better than that required in IBe Form 2100 may be used.
provided an the requirements listed in the Contract are included. Approval of this insurance will be
concfttional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance
in the Province of Ontario and obtaining the Insurer's certificalie of equivalency to the required
insurance.
.03 The insurance shall be maintained continuously from the commencement of the WOlk unliI12 months
folowing the date of Substantial Performance of the Work, as set out in the Certificate of Substantial
Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later. and
with respect to completed operations coverage for a period of not less than 24 months from the date
of FIllaI Acceptance of the Work as set out in the Fmal Acceplance Certificate, and thereafter to be
maintained for a further period of 4 years.
.04, The Contractor shaH submit annually to the Owner, proof of continuation of the cornpIeted operations
'coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in
paragraph GC 6.02.01 c), wiD not be binding on the Owner.
.05 Sbould the Cu"b.....tur decide not to employ Sub..u.,b........,'S for operations requiring the use of
eliPlosives for blasting, or pile driving or caisson wor1c, or removal or weakening of support Of property
~g or land, IBe Form 2100 as required shaH incfude the appropriate endorsements.
tt"",.-
.06 The policies shan be endorsed to provide the OWner with not less than 30 Days' written notice in
advance of cancelfalion. change or amendment restricIing coverage.
.07 "CIains Made" insurance policies will not be permitlled.
GC 6.03.03
Automobile Uablllty Insurance
.01 Automobile liabiity insurance in respect of licensed vehicles shall have Iimils of not less than 5 million
dollars inclusive per occurrence for bodily injury. death and damage to property, in the following forms
endoIsed to provide the Owner with not less than 30 Days' written notice in advance of any
cancellation, change or amendment restricIing coverage:
a) standard non-owned automobile policy including slIlndanl contractual liability endorsement, and
b) standard owne(s form autornoblIe policy providing third party Iiabllily and accident benefits
insurance and covering licensed vehicles owned or operated by the Cu,41.......
PIlge 24
OPSo.n..ICoI'''' ...of~.Sl..1 ._1l1l19
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GC 6.03.G4
Aln:raft and Water... ...1 liability Insurance
.01 Airaaft and .............Illiability insurance with respect to owned or IlllIM)Wned aircraft and watercraft if
used directly or indirectly In the perfO"'l8IlCe of the Work, including use of aclditional premises, shall
be subject to limits of not less than 5 rnilrlOn dollars inclusive per occurrence for bodily injury, death,
and damage to property including loss of use thereof, and limits of. not less than 5 million dollars for
aircraft passenger hazard. . Such insurance shall be In a form aoceplable to the Owner. The porlCies
shaft 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 BoBer Insurance
Property Insurance
. .01 ' All risks property insurance shaft be in the name of the .Coodlaclul.wilhJhe.Clv,mer,and the Contract
Administrator named as additional insIA'eds,insuringnot..IessJhan:the:sumof the ,amount of the
Contract price and the fuI value. as may..bestated-in,lhe.l'lt~_GeneraLConditions. of
MaterIal that is specified to be provided by: the'Owner;1or.:.incorporation.into the Work, with a
deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shan be in
a form acceplable to the OWner and shaH be maintained continuously unliI.10 Days after. the date of
Final Acceplallce of the Work, as set out in the FIIl8I Aoceplance CeItIIicate.
GC 6.G3.05.02
Boller Insurance
'.01 "Boilerinsuranceinsuring~the interests oftheCol,lraclor,the Owner and the ContractAdminilltiodurfor
not less than the replacenl80t value of boilers and pressure vessels forming part of the Work; shaD be
in a form acceplable to the Owner. This insuranceshal be mainlalned conIinuousIy from
commencement of use or operation of the property insured until 10 Days after the cIate of Fmal
Acceptance of the Work, as set out in the Final Acceptance CeItificale.
GC 6.G3.o5.03'
Use and Occupancy of the Work'Priorto Completion
.01 Should the Owner wish to use or occupy part or aU of the Work prior to SUbslanliaI Performance, the
OWnerwill give 30 Days' writlBn notice to the.COO.b.... of the intended purpose and extent of such
use or occupancy. Prior to such use or occupancy the coo.b.....tur 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 theColdJactor is unable to provide
coverage. the Owner upon WIilIen notice fromthe.Contractor'and..prior:ID:suclUlse or. occupancy
shall provide, maintain and pay for property and boiler insurance insuringlh&fuII value of the Work,
including coverage for such use or occupancy, and shall, provide the -CoImador with proof of such
insurance, . The Coo.lracto.. shall refund to the Owner the uneamedpremlums appIk;abIeto the
Cu,'b....h".s policies upon terrnil18tion 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 Conlractot as their respective interests may appear. The Contractor shall act on behalf of
both the OWner and the Coo ,b aGll:>o' 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 detennIned the Contractor shall
proceed to restore the Work. Loss or damage shan not affect the rights and obIigaIions of either party
under the Contract except that the Contraclor shaH be entitled to such reasonable extension of
Contract Time reIaIive.to the extent of the loss or damage as the Contract AdndllilitlBb may decide
in consuIIation with the CoI,IracloI.
OPSo.n..lColldlloMof~.S ~. .....1..
"- 25
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be enlilled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds and in accordance with the
requirements of Section GC 8.0, Measurement and Paymenl In addition the Contractor shall be
enlitIed to receive from the payments made by the insurers the amount of the Contractol's interest in
the restoration of the Work.
.02 The Contractor shaH be resporlSlble for deductible amounts under the policies except where such
amounts may be excluded from the ContracloI's responsibUity by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment.
GC 6.03.l16
Contractor's equipment Insurance
.01 All risks Coub....M's equipment insurance covering construction machinery and equipment used by
the ColltJaclOl for the performance of the Work, including boiler insurance on temporary boilers and
pressure vessels, shall be in a form accepIable to the Owner and shan not allow subrogation claims
by the insurer against the Owner. The poIcIes 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 satisfactcry proof of financial capability by the CohtJactu. for self-insurance of the
Coub....M's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Cotltractor shaH be deemed to be insured. This policy shall be
amended to provide permission for the COub...Aut. to grant prior releases with respect to damage to
the Contractof's Equipmenl
GC 6.03.07
Insurance Requirements ancl Duration
.01 Unless specified otherwise the duraJion of each insurance policY shall be from the date of
commencement of the Work until 1 0 Days afIier the date of Final Acceptance of the Work, as set out
in the Fmal Acceplance Cerlificate.
.02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior
to COhn,lellOllI11ent of the Work, and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shan, on request, promptly provide the Owner with a oerlified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the insurance. The oerlified true copy shall include a signature by an officer
of the Contractor and in addition, a signature by an officer of the Insurer or the underwriter or the
broker.
.04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the
Owner, renewed proof of Insurance immediately following completion of renewal.
.05 Unless specified otherwise the Co.41......... shan be responsible for the payment of deductible amounts
under the policies.
.06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03,
Contractor'll Insurance, or elsewhere in the Contract Documents, then the Owner will have the right to
provide and maintain such insurance and give evidence thereof to the Cot ,b ad\". The Owner's cost
thereof shall be payable by the Co.41...Aut. to the Owner on demand.
PIlge 26
OPS ~CondIIIona of ~.SepIol,iIler 1_
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.07 If the Contractor falls 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.G4
Bonding
.01 The Contractor shaD provide the Owner with the surety bonds in the amount required by the tender
documents.
;02 Such bonds shaU be issued by'a duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of
the Contract.
OPS 0enInI CondItionI 01 ~. .......''''- 1.
PIlge 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIlITIES AND CONTROL OF THE WORK
GC7.01
General
.01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and an local conditions which may affect the performance of
the Work are known.
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
. Contractor has received a written order to commence the Work, signed by the Contract Administrator.
.03 The Contractor shall have complelie control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible
for construclion means, methods, liechniques, sequences and procedures and for coordinating the
various parts of the Work.
'~...
.04 The Contractor shall have the sole responsibility for the design, erecliOl~ operation, maintenance and
. .f"!!'IOV8l of temporary structures and other temporary faciUlies and the design and execution of
',~ methods required in their use.
.05 Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for
temporary structures and other temporary faciUlies or specify a method of construction in whole or
part, such faCilities and methods shan be considered to be part of the design of the Work, and the
Contractor shall not, be held responsible for that part of the design or ,the specified method of
construction. The Contractor shaR, however, be responsible for the execution of such design or
specified method of construction in the same manner that the Contractor is responsible for the
execulion of the Work.
.06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of
the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the .Aclj and Ontario Regulation
213/91 (which regulates Conslruction Projects) and any other regulations under the Act (the
"Regulations") which may affect the performance of the Work, as the .consbuclor" or .employer", as
defined by the Act, as the case may be. The Contractor shall ensure that
a) worker safety is given first priority in planning, pricing and performing the WOrk;
b) its officers and supervisory employees have a working knowledge of the duties of a "constructor"
and "employer" as defined by the Acl and the provisions of the Regulalions appUcable to the Work,
and a personal commitment to comply with them;
c)~ a copy of the most current version of the Act and the Regulations are avaUable at the Contractor's
,office within the Working Area, or, in the absence of an office, in the possession of the supervisor
':,responsible for the performance of the Work; ,
,dtworkers employed to carry out the Work possess the knowledge, skills and protective devices
'required by law or recommended for use by a recognized industry association to allow them to
work in safety;
e) its supervisory employees carry out their duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
f) al Subcontractors and their employees are properly protected from injury while they are at the
work place.
.07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy
and program at the pre-start meeting, and shan respond promptly to requests from the Owner for
confirmation that its methods and procedures for CfIrrying out the Work comply with the Acl and
Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors
appointed to enforce the Acl and the Regulations in any invesligalions of worker health and safety in
the parformance of the Work. The Contractor shall indemnify and save the Owner harmless from any
additional expense which the Owner may Incur to have the Work peIformed as a resua of the
CO..II-..lu..s failure to cornpIy with the requirements of the Acl and the Regulations.
P8ge28
OPS Gener8I CondIlIonaol ~. s.,.e..,..... 1_
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.08 Prior to commencement of the WOlk the CotlbactorshaU provide to the Contract Administrator a list of
those products wnbolled under the Workplace HazardousMallerials tnformalion Syslem or WHMIS,
which the Cot.bactor expects to use on the Contract. Related MaterIals Safety Data Sheets shall
accompany the submission. All containers used in the application of products controlled under
WHMIS. shall be labelled. The Contractor shall notify the Contractor Administrator of changes in
writing and provide relevant Material Safety Data Sheets.
.09 The Contractor shaD have an authorized representative on the site while any work is being pertormed,
. to act for or on the COl ,bactol's behalf. Prior to commencement of construction, the ContractorshaU
, notify the Contract AdmiMbator of the names;. addresses" positions and telephone numbers of,the
Contractor's representatives who can be contacted at any lime to deal with matters relating to the
Contract.
. .10 The Contractorshall,'atoo'additional cost'lOtheOwner,fumish aU reasonable ald,- facilities and
assistance required by the Contract Administratorforthe:proper inspection and examination of the
Work or the taking of measurements for the purpose.of<payment ' _ '
.11 The Contractor shaR prepare, and update as required, aconsb:uction scheduIelndicating the timing of
the major and critical activities of the Work. ' The schecIule shall be designed to enslH'e conforrnity
with the specified Contract Tme. The schedule shall be subrnitlled to the Contract AdlT)inl$bab)(
within 14 Days from the date of the Contract award.
.12 Where the Cotdlactor finds any error, inconsislency or omission reIaIing to the Conlract, the
" Contractor shall promptly report it to theContractAdrninistrator and shall not proceed with the activity
arfeded unlilreceivingdireclion from the Contract Adminilit..,duc.
.13 The Cohbactor shan arrange with the appropriate utility aulhorilies for the slake out of aU
underground uliIities and service connections which may be afft.dt,d by the Work. The Contractor
shall be responsible for any damage ~ 10 the underground utilities by the Contractor's forces
during conslructionif the stake out Ioc.aliolIS are within the tolerances given in paragraph GC
2.01.01a).
GC 7.D2
Layout
.01' Prior to commencement of construclion,the Contract Admil'lilllbaro, and the COl.tractor win locate on
site those ploperty bars, baselines and benchmarks which are necessary to deIineIIIe the WOItdng
Ales and to lay out the Work, aU as shown on the Contract Drawings.
.02 The Contractor shall be responsible forthe.preservation of an property'barS'-whiIe the Work is in
progress, except those property bars which must be removed to.fa4;ilitate:the Work. Any other
property bars distUrbed, damaged or removed by the Cot ,b aGlu(s operationsShal be replaced by an
Ontario Land SUrveyor, at the Cot.bactDr's expense.
.03 IV. no exba cost to the Owner,the Cu,41a..lOf shall provide the Contract Administrator with such
malierials and devices as may be necessry to lay out the baselinE! and benchmarks, and as may be
necessary for the Inspection of the Work.
.04 The Contractor shall provide qualilied personnel 10 lay out and estabish all lines and grades
necessary for construction. The C...llh....h.f shall notify the Contract Administlator of 8IIY layout work
canied out, so that the same may be checked by the Contract Administrator.
.05 The Contractor shall inslIlII and rnaintaIn substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The Cotdl actu. shaD supply one copy of all
alignment and grade sheets to the Contract Administrator.
OPSo.n..ICooldIlIoI.afConlr8cl.t .' _1_
PIIoe 21
.06 The Contractor shall assume fun responsibility for alignment, elevations and dimensions of each and
aU parts of the Work, regardless of whether the ContracloI's layout work has been checked by the
Contract Administrator.
.07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully
preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's
operations, such stakes, marks and reference points will be replaced by the Contract Administrator at
the Conlractor's expense.
GC'7.03
Damage by Vehlcles or Other Equipment
.01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be,
done to any Roadway or any improvement thereon, outside the Working Area, by the Conlractor's
" vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shan, on the
direction of the Contract Administrator, and at no extra cost to the Owner, make changes or
'~bsliIulions for such vehicles or equipment, and shan allier loadings, or in Some other manner,
.~ the cause of such damage to the satisfaction of the ContractAdministrator.
-
GC 7.G4
Exun LoadlngofMotDrVeIlIcIes
.01 "Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and
where motor vehicle registration is required for such vehicle, the CO..b..... shall not cause or permit
such vehicle to be loaded beyond the legal limit spec:iIied in the Highway Traffic Act, R.S.O. 1990,
c.H.8, as amended, whether such vehicle is registered in tIie name of the Contractor or otherwise,
"except where there are designated areas within the Working Area where overloading is permitlled.
The Collb....tu. shan bear the onus of weighing disputed loads.
GC7.G5
Condition of the Working Area
.01 The Contractor shall maintain the WOlking Area in a tidy condition and free from the accumulation of
debris, other than that caused by the Owner or others.
GC 7.06
Maintaining Roadways and Detours
.01 Where an existing Roadway is affected by construction, It shaft be kept open to traffic, and the
Contracllll shall, except as olheIwise provided in this subsection, be responsible for providing and
maintaining for the duration of the WOIt, a road through the WOlking Area, whether along an existing
Hignway, including the road under construction, or on detours within or adjacent to the Highway, in
accordance with the MUTeD.
.02 iRfContractor shall not be required to maintain a road through the Working ~ until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply deicing chemicals or abrasives or carry out snowplowing.
.03 Where localized and separated sections of the Highway only are affected by the Contractor's
operations, the Contractor Win not be required to maintain intervening sections of the Highway until
such lines as these sections are located within the limits of the Highway affected by the Contractor's
general operations under the Contract.
.04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the construcIion of the detours, and If required, for the subsequent removal of
the detours, will be made at the Contract prices appropriate to such work.
PIlge 30
OPS~Co'A11I,..af~. Se~"..lb,,{ t89ll
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.05 The Contractor shall maintain. in a satisfactory condition for traffic, a road through the Wlll1dng Area,
at the Owner's expense. The road through the WOlking Area will include any detour constructed in
8CCOI dance with the Contract Documents or required by the Contract Administrator. Compensation
for all labour, equipment and malierials to do this work shall be at the Contract prices appropriate to
the work and; where there are no such prices, at negotiated prices. Notwithstanding the foregoing,
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
incfuded in the prices bid for the various tender items and no add"ttional payment will be made.
.06 'Where work under the.Contract is discontinued for any extended period including seasonal shutdown,
.the COull actor shall, when cflreCled by the Contract Administrator, open and place the Roadway and
detours in a passable, safe and satisfactory condition for public travel
.07 Where the Contractor constructs a detour which is not specifically provided for in the Contract
Documents; or required by the Contract Administrator, the construction of the detour and, if required,
the subsequent removal. shali be peIformed at the, Cu.,b....tu."'s expense.. .The detour shall be
constructed and malntained to .struC1u181 "and 'geornetric ..stalldanfs:-:~ by the Contract
Administrator. RemoYaI and site restoration shall "be perforrnecl:as.di.&itt.d by the Contract
Administrator.
:08 . Where, with the prior written approVal of the Contract Administrator, the Highway is closed and the
. traffic cfaverted entirely off the Highway to any other Highway, the Collbactor shall, at no extra cost to
the OWner, suppIy;erect and rnaintaintraffic conlroI devices in llCCOIdance with the MUTeD.
.09 Compliance with the foregoing provisions shall in no way relieVe the Coulractol of obligations under
'. subsedionGC6.01;Proteclion 'of Work, Personsand'Property, dealing with the CoIdJactor's
responslbUlty for damage clains, except for claims arising on sections of HIghway within the Wlll1dng
Area that are being maintained by others.
GC 7.07
Access to Properties Adjoining the Wort and Interruption of Utility
Servk:es
.01 The ec..ob_lor shall provide at an limes, and at no extra cost to the Owner,
a) adequate pedeslrian and vehicular access; and
b) continuity of UliIity services
to properties adjoining the WOrking Area.
.02 The Contractor shall provide at aM times and at no extra cost to the Owner access to fire hydrants,
and water and gas valves located in the WOlking Arf!Ia.
.03 Where any internIplions in the supply of Utility services are'required..and,are authorized by the
Contract Administrator,theCollbactor shaD liNe the affected property owners notice in accordance
with subsection GC 7.11, Notices by the Contraclor, and shall arrange such intllmlptions so as to
create a minimum of intelference to those alfaCled.
GC 7.08
Approvals and Pennlls
.01 Except as specified in subsettioll GC 4.02, Approval and Permits, the Contractor shaI obtain and pay
for any permits, licenses" and ..... tificates which at the date of tender closing, are required for the
performance of the Work.
.02 The Co..b u.. shall arrange for all neces9sry inspections required by the approvals and permits
specified in peragraph GC 7.08.01.
OPS GeneIII CoI.dlI~1II cI~ -11.1 ,.... 1M
... 31
GC 7.D9
Suspension of Work
.01 The Contractor shaH, upon written notice from the Contract Administrator, discontinue or delay any or
aU of the Work and work shall not be resumed unblthe Contract Administrator so directs in writing.
Delays, in ,these circumstances, will be administered according to subsection GC 3.08, Delays.
GC7.10
Contractor's Right to Stop the Work or Terminate the Contract
.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
"of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without
prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or
trustee in bankruptcy written notice, terminate the Contract.
) .' .
.02 If the Work is stopped or othelwise delayed for a period of 30 Days or more under an order of a court
or other public authority and provided Ihal such order was not issued as the result of an act or fault of
~~ Contractor or of anyone direcUy employed or engaged by the Contractor"the Contractor may,
,'@hoot prejucftce to any other right or remedy the Contractor may have, by giving the Owner written
l!:"ice, terminalie the Contract.
.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
OWner is in default of COl dla..tual ob:igalions if,
a) the Contract Administrator fails 10 ~ cerIificate$ in accordance with the provisions of Section
GC 8.0, Measurement and Payment;
b) the Owner fails to pay the C""bcdu., within 30 Days of the due dates identified in clause GC
. 8.02.03, Cerlifoealiu.l and Payment, the amounts certified by the Contract Administrator or within
30 Days of an aWMI by an arbitrator or court or
c) the Owner violalieS the requirements of the Contract.
.04 The Contractor's written notice to the OWner shan advise Ihal if the default is not corrected in the 7
Days immediately following the receipt of the written notice the eo. ,b....Ju. may, without prejudice to
any other right or remedy the Contractor may have, stop the Work or tern iii late the Contract.
.05 If the Contractor terminates the Contract under the conditions set out in this subsection, the
Contractor shall be entitled to be paid for all work performed according to the Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the termination of the
Contract.
GC 7.11
Notices by the Contractor
.01 Before work is carried out which may affect the property or ciperations of any Ministry or agency of
9Civemment or any person, company, partnership or corporation, including a municipal corporation or
any board or commission thereof, and in addition to such notices of the commencement of specified
operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least
48 hours advance written notice of the date of commencement of such work to the person, company,
partnership, corporation, board, or commission so affected.
.02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm liles,
or other pubrlC or privately owned works or property, the Contractor shall immediately notify the
Owner and the Contract Administrator of the location and details of such damage or inlierference.
P932
OPS 0...- CoIdIol..oI Comu. ....._ 1899
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GC 7.12
Obstructions
.01 Except as otherwise noted in these General Conditions, the Cu"to....... assumes au the risks and
responsibilitie arising out of any obstruction encountered in the performance of the Work and any
trafIic conditions, including traffic conditions on any Highway or road giving access to the WOlking
Area caused by such obstructions, and the Co..bacto. shall not make any claim against the Owner for
any loss, damage or expense occasioned thereby.
;02 Where theobslruclion is 'a Utility or other man-made object, the Contractor shall not be required to.
assurnethe risks"and responsibiIiIie arising out of such obslrucIion, unless the location of the,
obstrucIion is shown on the plans or described in the specific;ations 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
obslruclion has otherwise been made known to the Contractor or could have been determined by the
visual site investigation made by theOontractor in accordance with these General Conditions.
.03 During the c:outse of the Contract. it isthe.,CO..b.........S'respoIlSlbiiily,fn,consuIt."WiIh Utility companies
, ; or other appropriale authorities fer furlher;infoJnlaliclhin;regard:to,theelalCtloQttion of these Utilities,
to exercise the necessary care in constructiorr.......alions;1lfllHo1ake-such-Uherprecautions as are
necessary to safeguard the UliIiIy from damage.
GC7.13
Limitations of OperatloM
.01 Except for such WOIk as may be required by the Contract Admillil;b.....to maintain the Work in a safe
and sa~cIoIy condition, the Contractor shaH not carry on operations under the Contract on
SUndays without permission in writing from the Contract Administrator.
.02 The Contractor shall cooperate with other Conb..uurs, Utility companies and the OWner and they
shaH be allowed access to their WOIk or plant at all reasonable times.
GC7.14
Cleaning Up Before Acceplance
.01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials,
, tools, construction machinery and equipment not required for the performance of the rernalning Work.
The c... oil....... shaH also remove all temporary works and debris other than that caused by the
Owner, or others and leave the WOlk and Working Area clean and suitable for occupancy by the
Owner unless otherwise specified.
.02 The WOlk shaH not be deemed to have reached Completioll"t1ntillheQlIltlllCkll has IllITIQVed surplus
malierials, tools, construction machinery andequiprnenl The Contractor shall also have IllITIQVed
debris, other than that caused by the Owner, or others. '
GC 7.15
Warranty
.01 The Contractor shaH be responsible for the proper performance of the Work only to the extent that the
design and specifiGations permit such performance.
.02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the
OWner, defects or deficiencies in the Work which appear,
a) prior to and during the period of 12 months from the date of Substantial Performance of the Work,
, as set out in the CerIificate of Substantial Performance of the Work,
b) where the work is compIeled after the date of Substantial Performance, 12 months after
Completion of the Work,
c) where there is no CeI1Ificale of Substantial Pel1olmance, 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
OPSo.n..ICoI__alCoMr8cI.f.1 1 r 1_
,.. 33
d) such longer periods as may be specified for certain Malierials or some of the Work.
The Contract Administrator will promptly give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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OPS_CoIdIch.of~-......""'189ll
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
GC 8.01.01
Measurement
QuantIties
.01 The Contract AlIrrRstrator wiD make an eslimaIie once a month, in writing, of the quantity of Work
perfonTMid. The first eslimalie will be the quantity of Work performed since the Contractor
commenced the Contract, and every subsequenteslimale; except the final one, will be of the quantity
of Wolk performed since the preceding estimate was made. The Contract Administrator will provide
the copy of each ....m.. to the Contractor within 10 Days of the Cut-Ofl Dalie.
'.02 . Such quantities for progress payments shall be construed and held to approximate. The final
'. quantities for the issuance of.the CompIelion CerlificaIe shall be' based on the measurement of Work
. completed.
.03 Measi.trernent oflhequanlitiesof the'Worlt' performedwiU be,eithe.'.by<'AdUal Measurement or by
PlanQuanlity p1;.1dpIes as indicated '1n1lle'Corlllact:~ Adjustmeilts,tO"PIan'Quantity measurements
will normally be made USing PlanQuantityprillClples butmay,where'apploPliate. be made using
Actual Measurements. Those items identified on1he Tender by the notation (P) in the unit column
"shaD be paid acconIingto the1'lan Quantity. Items where thenolBtion (P) does not occur shall be "'
paid acc::orcrmgto Actual Measurement
GC 8.01.02
Va.,*tioIlS in Tender QuantitIes
.01 Where it appears that the quantity of Work to be doneand/or Material to be supplied by the
Co"bacll.r under a unit price lender item wi. exceecI or be less than the tender quantity, the
Co"h....luo shall proceed to do the Wolk and/or supply the Material required to complete the tender
item and payment Will be made for the actual amount of Work done and/or Material suppIied.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 exteeds the tender quantity by more than 15%, eitherparty to the Contract may make
a written request to the other party.to. negotiate a revised unit price for that portion of.the Work
performed andlor'MateriaI supplied which exceeds 115% of the lender quantity; The negotiation
shall be carried out as soon as reasonably possible. Any revision of the unit price shaI be based
on the reasonable cost of doing the WOIk and/or supplying the Material under the tender item plus
a reasonable aIo _ice for pIOfit and applicable CMlIheed.
b) In the case of a Major Item where the'quantity'ofWorkperformedand/or'Material supplied by the
Cot.llacto. is less than 85% of the tenderquantity. the Cu,'b....luo. may make a written i'equest to
negotiate for the portion of the actual:oveIheads'lWId. fixed ;COSls.appIicabIe 10 the amount of the
undemJn in excess of 15% of the tender quantity; For purposes of the.negotiation. the overheads
and fixed costs applicable to the item are deemed to. have. been prorated uniformly over 100% of
the tender quantity for the item. Overhead costs shall be confirmed by a slIlIiement certified by the
Cot.llactor's senior financial officer or audilor and may be audited by the OWner. Altemalively,
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 cornpensalion must be received no later than 60 Days aflier the issuance of the
CompIeIion Cerlificlllie.
GC 8.02
GC 8.02.01
Payment
PrIce for WoItc
.01 Prices for the WOlk shall be full compensation for all labour, Equipment and Material required in its
performance. The tenn "aU labour, Equipment and Malierial" shall include Hand Tools, supplies and
other incidentals.
OPS_CoIldlllo...of~.e..I1,"'" tll8ll
PIlge 35
.02 Payment for work not specifically detailed 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 terms and conditions:
a) The Contractor shall, in advance of receipt of the shipment of the Malerial, arrange for adequate
and proper storage facirtties and notify the Contract Administrator of their locations.
. b) The value of aggregalies, processed and stockpiled, shall be assessed by the following procedure:
i Sources Other Than Commercial
(1) Granular 'A', 'B' and 'M' shan be assessed at the rate of 60% of the Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland
cement concrete shall be assessed at the rate of 25% of the Contract price for each
aggregale stockpiled.
.ifii.'. Commercial Sources
'. Payment for separated coarse and fine aggregates will be considered at ltle above rate when
.'9' such materials are stockpiled at a cornmen:ial source where further proce ssing 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 materials, unless otherwise specified elsewhere in the Contract. shall be
based on the invoice price, and the Contractor shan submit proof of cost to the Contract
Administrator before payment can be made by the Owner.
d) The payment for an Malerials shaD be prorated against the approprialie tender item by paying for
sufficient units of the Item to cover the value of the material Such payment shall not exceed 80%
of the Contract price for the Item.
e) All Materials for which the Contractor wishes 10 reoeIve aclvance payment shall be placed in the
designated storage location immediately upon receipt of the material and shall thenceforth be held
by the Contractor in trust for the Owner as collateral security for any monies advanced by the
'Owner and for the due compIelion of the Work. The ConIracIor shall not exercise any act of
ownership inconsistent with such security, or remove any MaleriaI from the storage locaIions,
except for inclusion in the Work, without the consent, in writing, of the Contract Administrator.
1) Such materials shall remain at the risk of the Cohbactof 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 10 the conditions listed in paragraph GC
8.02.02.01, such payment shan not consliIUte acceptance of the Malierial by the Owner. Acceptance
. .~ only be determined when the material meets the requirements of the appropriate specification.
GC 8.02.03 CertIfication and Payment
r
GC 8.02:.03.01
Progress Payment Certificate
.01 The value of the Work performed and Material 6Uppl'18d will be calculalied once a month by the
Contract Administrator in accordance with the Contract Documents and, clause GC 8.01.01,
Quantities.
.02 The pmgress Payment Certificate wit show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Malerials;
d) the amount of statutory holdback, liens, Owner's set-off;
e) the amount of GST as applicable; and
I) the amount due the Col,bactor.
Page 36
OPS o.n..I CoIldlllo.. 01 ~. Seplel,1ber 1..
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.03 One copy of the progress Payment Certificate will be sent to the Contractor.
.04 Payment will be made within 30 Days of the Cut..Qff Date.
GC 8.02.03.02
CertIIlcatIon 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 compIeIied satisfactorily and ask that the
Contract Administrator certify.the completion of such subcontract.
.02 The Contract Administrator will issue a Cerlificate of Sub..o. dl..ct CornpIelion if the subconb act has
been completed satisfactorily, and all requiredinspeclion and testing of the worlcs covered by the
subcontract have been carried out and the results are salisfactol'l. .
.03 The ContracfAdministratorwill set out in theC<l:.bT~ofSUbconllact.camptetion the dale. on which
the subcontract was completed and wilhin7 Days' of;thedate cthe;subcol'llract-is cerlilied.complete,
the Contract AdminislraIorwiD give a copy-of the U11ilicce,to..the;Co.'b......, aod.to the SUbcoldJactor
concerned.
GC 8.02.G3.03
Subcontract Statutory Holdback ReIeue CtnUlicatund Payment
.01 Following receipt of the Cerlificalie of Subcontract Completion, theQotmer will reIeMe.and pay the
Contractor the statutory hoIdtlack retained in respect of the subcu..llaGl_Such relrnshaRbe made '
46 Days after the date the subco.,bactwas certified cornpIeleand providing; the. Contractor submits
the following to the Contract Administrator:
a) a documentsallsfactoly to the Contract Adminil;h.....that will relTSI;'!! the Owner from au further
claims reIaling to the sub...u..b....t, qualified by slated exceptions such as holdback monies;
b) evidence satisfactory to the Contract Admi...b...,. that the Subcontractor has discharged au
liabilities incurred in canying out the sut.oo.ltl~
c)a $cdR,ra...b.Ay cle_1Ce certiliGale or IelIer from the Wortplac8 Safety and Insurance Board
re/ating to the sub..u.41....t, and . .
d) a copy of the <:o.llIact belweenthe ec..,bactol and the SubcontraclDr and a salisfa<;to.y slIltement
showing the lDtalamount due the Sub..u..bodl.. from the COIdJacIDr.
.02 Paragraph GC 8.02.03.03.01 d), wiD only apply to Lump Sum Items and then only when the Contract
Administrator specificaIy requests it.
.03 Upon receipt of the statutory holclbeclr, the Cu"bCl..h.r'Shall-forIhwilhglve--,the Subcontractor the
payment due under the ..........b....t.
.04 Release of statutory hoicIback by the Owner in respect of a subcoIdract shaft not relieve the
Contractor, or the Contractol's Surety, of any of their responsibilities.
GC 8.02.03.04
c...tificatIon of SUbstantial PeIfonnance
.01 Upon application by the Contractor and where the Contract has been subslllntially performed the
Contract Administrator will issue a Certificate of Substantial PerformaIlCe.
.02 The Contract Administrator wit set out in the Certificate of Substantial Performance the date on which
the Contract was substantialy performed and within 7 Days afler signing the said certificate the
Contract Adminislratorwill provide a copy to the Cu,'b..........
.03 Upon receipt of a copy of the Cerlificale of SubsIanliaI Performance, the Cu"b odl.. shaft forlhwilh, as
required by Section 32(1) Paragraph 5 of the ConsIruction Lien Act, R.S.O. 1990, c.C.30, as
amended, publish a copy of the certiIicaIe in e construction trade newspaper. Such publlcalion shall
include pIaoement in the Daily CornmeIQal News.
OPS 0enenIl ConcIIIona of ConncI. S lJ 11 .... 1_
PIlge 37
.04 Where the Cot,b~ fails to publish a copy of the Certificate of Substantial Performance as required
above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the
Owner may pubrlSh a copy of the certIfic.olto at the Contractor's expense.
.05 Except as otherwise provided for in Section 31 of the Constnlction Lien Act, the 45-day lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance
Payment and Statutory Holdback Release Payment Cerlific;ates, shaH commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GC8.02.G3.05
Substantial Perfonnance Payment and Substantial Perfonnance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Cerlilic;alie of Substantial Performance the Contract
'o'o'o Administrator will also issue the Substantial Performance Payment Certificate and the Substantial
Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined
,~t cerlilicate. :
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.02 'o'o'o'~ SUbstantial Performance PayIhent Certificate will show,
'oarthevalue of Work performed to the date of Substantial Performance;
b) the vaJue of outstanding 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 subco..t.a..h. and deliveries of pre.5eleclied equipment;
d) the amount of mainlienance seamty required; and
" e) the amount due the Co,'b.....tur.
.03 . Payment of the amount certified will be made within 30 Days of the dalieof issuance of the payment
. cerlificate.
.04 The Substantial Performance Statutory Holdback ReJease Payment Cerlilicalie will be a payment
ceriiI.calt: releasing to the Conbactor the statutory holdback due in respect of WOlk perfonned up to
the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after
the date of publication of the Certificate of Substantial Performance but subject to the provisions of
the Const1lIction Lien Act and the submission by the Contractor of the following documents:
a) a release by the Contractor in a form salisfactoly 10 the Contract Administrator releasing the
Owner from all further claims relating to the Contract. qualified by stated exceptions such as
outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation;
b) a statutory declaration in a form satisfactory to the Contract Administrator that aU liabilities incurred
:iJby the Contractor and the Co"b....tur's Subcontractors in carrying out the Contract have been
, GsCharged except for statutory hoIdbacks properly retained; ,
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
,~prtlOf of publication of the Cerlificate of Substantial Performance.
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GC 8.02.03.06
Certification of Completion
.01 Upon application by the Contractor, and when the Contract reaches Complelion, the Contract
Administrator will issue a Completion Certificate.
.02 The Contract Administrator will sat out in the Completion Certificate the date on which the Work was
completed and within 7 Days of signing the said cerlificate the Contract Administrator win provide a
~ to th~ Contractor.
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OPSo.n..I CoI_""'~.Sel*l._l_
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Completion Payment and Completion Statutory Holdback Release
Payment CelllrlClltes
.01 When the Contract Administrator issues the Completion Cer1iIicale, the Contract Administrator will
also issue the Completion Payment CerliIio..ab. and the Completion Statutory Holdback Release
Payment CerlIficale or where appropriate, a combined payment certiIicate.
GC 8.02.03.07
.02 The Completion Payment Certificate will show,
a) measurement and value of WOlk at Completion; ,
'b)the amount of the further statutory holdback based on the value of further workcornpleted over
and above the value of work completed shown in the Substantial Perfomlance Payment Certificate
referred to above; and
c) the amount due the Contractor.
.03 The Completion Statutory Holdback ReleasePaymenLCertific;ate ,wtIl,be",a payment ,ceitificalie
'releasing to the Contractor the' further statutorY 'IWd~' . Payment.<lf.such.:st8tulDr holdback shall
be due 46 Days aflierthe daIie of CornpIetioIl"iOftheWork.asestat~~,Cerlilicate
but subject to the provisions of the Construction Lien Actand1hnubmission'by.the eo.lb~ of the
following documents:
a) a release by, the Cu,.bcn;b..r in a form satisfactory to the Contract Administrator releasing the
Owner from an further claims reIaling to the Contract, qualified by stilted' eoo::eptio!lS where
appropriate; ,
b) a slatutory declaration in a form saIisfadory to theContractAdminisb'atorthat allliabllitles incurred
by the ColltJactor and the ConlraclDr's Sutx:o.41ClGto/'s in carrying out the Contract have been
discharged, quaified by stated exceptions where 8PJl"lllliate; and
c) a satisfactory Certificate of Clearance from the WoIkpIace 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 apprlC8ble Rate of
Interest.
GC 8.02.03.D9
Interest for Late Payment
.01 Provided the Contractor has complied with the requirements of the Conlract including aU
documentation requirements, when payment by the Owner to the Col,b actu. for WOlk performed, or
for release of slatutory holdback, is delayed by the Owner, then theContJactor shaI be entitled to
receive interest on the outstanding payment at the Rateof'lnterest, 'ifpayment',is not received on the
dates set out below:
a) Progress Payment Certifi.:atas' 30 Days aflerthe CUt-Off Date;
b) Cerlific;ate of Subcoo'b..... CompIelion: ' 30 Daysaflier the datecertilied as the daIie on,which the
sub..... /b..... was comp\eted;
c) Subcontract Statutory Holdback Release Payment Ceriilicalie: 76 Days aflier the daIie on which the
subcontract was completed;
d)' SUbstantial Performance Payment Cerlific;ate: 30 Days afIier the'date of issuance of the cMiliccdt..
e) SUbstantial Performance Stalutory Holdback Release Payment Cer.idcalie: 76 Days afIier
publication of the Payment certiIicate of SUbstantial Performance;
f) CompIelion Payment CeI1ifK.dlie. 30 Days afIier the daIie certified as the dalie on which the
Contract reached Completion;
g) Completion Slatutory Holdback Release Payment Certificate: 76 Days afIier the date certified as
the daIie wIIich the WOlk was completed.
.02 If the Col,bactor has not complied wtth the l8qIIirements of the Contract, incIucfmg aI documentation
requlremen\s, prior to .......cdk.n of the time periods described in paragraph GC 8.02.03.09.01,
interest win only begin to accrue when the Contractor has completed those requirements.
OPSGene..lCoIldIIloo.CIf~.lIL.1 ,..... 1M
PIge 311
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 submitlled in accordance with the time limits and/or procedure described by
subsection GC 3.14, Claims, Negotiations, Mediation, the OWner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled
claim. Such interest will not commence unbl 30 Days aflier the satisfactory completion of that part of
the Work.
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.02 ,Where the Contractor does not atliempt to resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
.03 Where the Contractor fails to give notice of a claim within the time .limit prescribed by subsection GC
, 3.14, Claims, Negotiations, Mediation, interest shaH not be paid.
.04 ,~.a ec".bactu. fails to comply with the 3lk1ay time limit and the procedures prescribed in
; ~t:aph GC 3.14.03.03 for submission of claims, interest shan not be paid for the delay period.
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GC8noi11
OWner's 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 outstanding or disputed liabilities
including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work,
claims for damages by third parties which have not been determined in writing by the Contractor's
insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06, Payment of Workers.
.02 Under these circumstances the Owner win give the Contractor apprOpriate notice of such action.
GC 8.02.03.12
Delay In Payment
.01 The Owner shaH not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dales as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
payment on a Time and Material Basis
,
GC 8.'la;~1 Definitions
.01 For;the purpose of this clause the following definitions apply:
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Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and
Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively
and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour
and supervision, but shall not include any payment or costs incurred for general supervision,
administration of management time spent on the entire WOlk or any wages, salary or PayroR Burden for
which the Contractor is compensated by any payment mede by the Owner for Equipment
Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current
market prices, for the purpose of carrying out Extra Work, by the ContraclDr, or by others when such
arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices.
Operated Rented equipment: means Rented Equipment for which an operator is provided by the
supprler of the equipment and for which the rent or lease includes the cost of the operator.
P-slll <Ill
OPS ~ CClIldIloo. _Connc:I. Sepl8mber ,.
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Payroli Burden: means the payments in respect of workplace insurance, vacation pay, employment
insurance, public IiabiIily and property damage insurance. sickness and accident insurance, pension fund
and such other welfare and benefit payments forming part of the COhlraclol'S normal labour costs.
Rented Equipment: means equipment that is rented or leased for the special pwpose 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. RS.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 incIudesaH work inc:identallherelD other than work on structures. . .
Sewer and Watennaln Wprlc means the preparation, construcIion, finishing. and construcIion
. maintenance of sewer systems and waIiermain systems,' and includes aU work incidentallherelD other than
work on structures.
Standby Time: means any'period of time whichis<not'1XlllSideredWorlcingr~~id which together with
the Working Tille does not exceed101'lourS:in.any;one>Worlcing;Day,anchluringwhich time a unit of
equipment cannotpractic;al/y be used onolher..woct<'but.musl::Rlmain:ocr./be'Site:norderto,cootinue with
. its' assigned 1ask and during which line the unit is in fully operable condition.
Structure Work: means the consIruclion, reconstruclion, repair. alteration, remodelling. renovation or
.' demolition of any bridge, building, tunnel or retaining waD and includes the preparation for and the laying of
the foundation of any bridge, building, tunnel or retaining wan and the ~ of equipment and
appurtenances incidentallhereto.
The 127 Rate: means the rate for a unit of equipment as listed in'oPSS 127; Schedule of Rental Relies
for Construclion Equipment Including Model and SpecificaIion Reference, which is current at the time the
work is carried out or for equipment which is not so listed, the rate which has been calculated by the
Owner, using the same principles as used in determining The 127 Rates.
Work on a 'T_ 'and MaterIal Basis: means Changes in the Work, Extra WOlk and Additional Work
approved by the Contract Adminislralorfor payment-on a Time and Material basis. The WOI1c on a Time
andMalierial Basis shaD be subject to all the terms, conditions, speciIicalions.and provisions of the
Contract.
. WOItdn9 Time: means each period of time during which a unit of equipment is. actively and of necessity
'engaged on a specific Operation and the first 2 hours of each.invnedialely.foIIowingperlod during which
the unit is not so engaged but during which the operation.lsolherwise:proc;eediAg and during,which time
the unit cannot prac:lica/Iy be transferred to oIherwork but mustrernain.on the site in order to continue with
its assigned tasks and during which time the unit is in a fully operable condition." .
GC 8.02Jl4.02
DaDy Work Records
.01 Daily Work Records prepared as the case may be by either the Contrac:lcr's reprvseutatlve or the
. Contract Adc'ninistrator and' reporting the labour and Equipment employed and the Material used on
each Time and Material project. shall be reconciled and signed each day by both the Contractoc's
representative and the Contract Administrator.
GC 8.02.04.03
Payment for WOrt
.01 Payment as herein provided shaH be run compensaIion for all labour, Equipment and Material to do
the Work on a Tme and Material Basis except where there is agreement to the co,.1rary prior to the
cornmencement of the WOI1c on a Tine and Material Basis. The payment adjustments on 8 Tillie and
Material basis shaI apply to each individual Change Order authortzed by the Contract Administrator.
OPS GeMNI CoIdioll& of~.IlI.1 ,,,,,,..Ill.
"'41
GC 8.02.04.04
Payment for Labour
.01 The Owner wiH pay the CoubaClOt. for labour employed on each Time and Material project at 135% of
the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of
$3000.
.02 The Owner WIll make payment in respect of Payroll Burden for Work on a Time and Material Basis at
the Contractor's actual cost of Payroll Burden.
.03~At.the Owner's discretion. an audit may be conducted in which case the actual Payroll Burden so
deliermined shaH be applied to all Time and Material work on the Contract.
GC 8.02.04.05
Payment for Material
.01 The Owner will pay the Contractor for Material used on each Tnne and Material project at 120% of the
;<4Ost of the Malierial up to $3000, then at 115% of any portion of the Cost of Material in excess of
. ;"$8boo ,
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GC 8:02:04.06
Payment for equipment
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GC 8.02.04.06.01
Working Time
.01 The Owner Wll pay the Contractor for the Working Tine of au equipment olhlir than Rented
Equipment and Operated Rented Equipment used on the Work on a Tine and Material basis at The
127 Rates with a cost adjustment as foRows:
a) Cost $1 0,000 or less - no adjustn.en!;
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 wiU pay the Contractor for the Working Tnne of Rented Equipment used on the Work on a
Tme and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a
maxinum of 110% of The 127 Rate. This constraint will be waived when the Contract Adminbbdtur
approves the invoice price prior to the use of the Rented Equipment
.03 The Owner will pay the Contractor for the Working Tme of Operated Rented Equipment used on the
Work on a Tme and Malierial Basis at 110% of the Operated Rented Equipment invoice price
. approved by the Contract AdministratOr prior to the use of the equipment on the Work on a. Time and
,. Miterial Basis.
GC 8;02i04;06.02
'"
Standby TIme
.01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoice price whichever is appropriate. The OWner will pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by .
the Contract Administrator. This will include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Tme and Material Basis.
.02 In addition, the Owner win include the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the WOlk on a Tone and Material Basis.
.03 The Contract Administrator may require Rented Equipment Idled by the circumslllnces giving rise to
the Work on Time and Material Basis to be returned to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such return.
P8ge 42
OPS GenMI CoIldIIIoo.oI ~. s..,...dhJ '8811
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.04 When Equipment is transported, solely for the purpose of the WOlk on a Tune and Material Basis, to
or from the WOIldng Area on a Tune and Material basis. payment will be made by the Owner only in
respect of the transporling units. When Equipment is moved under its own power it shall be deemed
to be working. The method of moving Equipment and the rates shal be subject 10 the approval of the
Contract Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 Notwithstandingany.oIherprovision of this Seclion,nopayment shaD 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 a..allges for WOlkon a,Tune and Material Basis, or.a part of it, to be performed
l:!YSUbcontraclors'.on ,a. Tine . and, ,Material..basilhancl..has...f!l(lllived.appIP,V;at,.prlor 10 the
"commencement. of: such'. work; -cin accordance with.=.lhe,,-requlrJlments.:obsutJsectioo..:' GC 3.10,
.. . Subi:ontracting bytheeo..baclol,theOwnerwiD paythe'COSt.'ofWork.ooej["lRMl<allCf.JMateriaI Basis
by1he Sllb...u..ba(;lor caIculated'8S.if the.Contractorhad.<fone~~.me;and..Material Basis,
plus 'a markup calcldated on the following basis:
a) 20% of the first $3,000; plus
b) 15% of the amount from $3,000 10 $10,000; plus
c) 5% of the amount in excess of $10,000.
,02~0 further maflcupwill beappliedregardless,of.the extent to which ,the work is assigned or sublet to
'otherlL If work is:ilssignedor. subIet'lo an. as~, ,as defined by the,SecuritiesAct no markup
whatsoever wII be applied. .
GC 8.02.04.09
Submission of invoices
.01 At the start of the Work on a Tme and Material Basis, the ColotJactor .shall ,provide. the applicable .
, labour and Equipment rates not already submitted Io.the Contract Administrator during the course of
such work.
.02 Separal&summaries shaI be completed by the Contractor according to the stanlIard fogn"Summary .'
for Payment.of Al:counls on a Tine. and Material Basis". . Each.summary shall. incIude.the order
number and covering dates of the work and shall Itemize separately Iabour,Materialsand equipment.
,Invoices for MaterIals, Rented Equipment and other charges incurred' by the Contractor on the Work
on a Tine and Material Basis sbl!II,be included witheachSUll'1m8lY.~.,-,.",~" ".~,.__.,,'-,-
:03 Each month .the.Contract.Adrnk1islratorwill incIude,wiIb themqnlhly,~~~, the
costs of the WOrk on a Tme and MaterlaI Basis incurred during the preceding month all In
. accordance with the contract administraIive procedures and the Contractor's invoice of the Work on a
Tune and MaterIal Basis. .
.04 The final "SurnrnarY for Payment of Accounts on a Tune and Material Basis" shall be submitlled by the
Contractor within 60 Days afIier the compIelion of the Work on a Tune and Material Basis.
GC 8.02.05
final Acceptance Ce,Iificate
.01 After the . acceptance of lie ,Work ,the. Contract AdminislralDr will issue the Fmal AcCeptance
Certificate, or, where IIJlIlfi'""hIe, afIier the Warranty Period has expired. The Final Acceplance
CeI1Ifk:ate will not be issued until aU known <hdIcienCies haYe been adjusIed or conected, as the case
may be, and the ContracIDr has discharged all obligations under the Contract.
OPS o.n..I Condll.... cI Conhc:t. "pl. _1898
PIlge 43
I'1lge 44
OPS.GenonI 001_ oIC-.ct. September 1999
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GC 8.02.06
Payment of Workers
.01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in
accordance with the labour conditions set out in the Contract and at intervals of not less than twice a
month.
.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers
employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is
paid less than the amount required to be paid under the Contract, the OWner may set off monies in
accordance with clause GC 8.02.03.11; Owner's Set..Qff.
GC 8.02.07
Records
.01 The Contractor shaU maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the
total cost of the Work, Changes In the Work, and Extra Work. The Contractor shall preserve an such
.' original Records until 12 months afIier the Final Acceplance Cerlificate is issued or until aU claims
have been seWed, whichever is longer. The Contractor shaD require that SubContractors employed
by the Contractor preserve an original Records pertaining to the Work, Changes in the Work, Extra
WOlk and claims arising therefrom for a similar period of lime.
.02 If, In the opinion of the Contract Administrator, Daly Work Records are required, such records shall
report the labour and Equipment emp/oyed and the Material used on any specific portion of the Work.
The Daily Work Records shall be reconciled with and signed by the Contractor's representative each
day.
.03 The Owner may inspect and audit the Contractor's Records reIaling to the Work, Extra Work and
Changes in the Work at any lime during the period of the Contract. The CoI,tractor shall supply .
certified copies of any part of its Records requRd whenever requeSted by the OWner.
GC 8.02.08
Taxes and Duties
.01 Where a change in Canadian Federal or Provincial taxes occurs afIier the date of tender closing for
this Contract. and this change could not have been anticipated at the time of bidding, the Owner will
increase or decrease Contract payments to account for the exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shaH be submitlied by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shaD be submitlled not less than 30 Days afIier the date of Fmal Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shan submit to the Contract Administrator, on forms provided by the Contract Administrator, a
statement of such benefits. This statement shall be submitted not later than 30 Days afIier Fmal
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left in
, place form part of the finished Work, or the provision of seNices, where such services form part of the
Work and where the manufacture or supply of such commodities or the provision of such seNices is
carried out by the Contractor or a SUbcontractor, are subject to a claim or benefit as detailed above.
Services in the IatIier context means the supply and operation of equipment, the provision of labour
and the supply of commodities, which do not form part of the Work.
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GC 8.02.09
Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor falls to complete the Work
in accordance with the Contract, the Contractor shaH pay such amounts as are specified in the
Contract Documents.
OPSGenetIl ~ dConlnicl- ........,_IM
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