HomeMy WebLinkAbout2006-187
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006 - 187
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Ron
Robinson Limited, Bowmanville, Ontario, to enter into
agreement for the Access Construction, Strathaven Lifecare
and 280 King Street East Driveway Improvements,
Bowmanville, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Ron Robinson Limited, of Bowmanville, 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.
By-law read a third time and finally passed this 25th day of September, 2006.
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
ACCESS CONSTRUCTION -
STRA THA YEN LIFECARE AND
280 KING STREET EAST DRIVEWAY
IMPROVEMENTS, BOWMANVILLE
CONTRACT NO. CL2006-52
AUGUST 2006
~~
architects
planners
TSH No. 12-29246
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: RON ROBINSON LIMITED
of the Regional Municipality of Durham and Province of Ontario
hereinafter called the Contractor
THE PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the Purchaser
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or payments
specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies,
labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described
hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict
accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part
of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof
have been embodied herein.
Page I of3
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Access Construction - Strathaven Lifecare and 280 King Street East Driveway Improvements, Bowmanville,
Contract No. CL2006-52.
A. TENDER FORM: General
Itemized Bid
Bonds
Schedule of Tender Data
B. TERMS AND CONDITIONS
C. SCHEDULE 'C'
D. INSTRUCTIONS TO TENDERERS
E. SPECIAL PROVISIONS - GENERAL
F. SPECIAL PROVISIONS - TENDER ITEMS
G. STANDARDS
H. PLANS: Drawings No. I and 2
I. MUNICIPALITY OF CLAR1NGTON DESIGN GUIDELINES AND STANDARD DRAWINGS
J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and the current Region of Durham
Standard Specifications.
OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date
127 Current 310 Nov. 2004 407 Nov. 2004 510 Nov. 2004
128 Current 314 Nov. 2004 410 Apr. 1999 570 Aug. 1990
201 Nov. 2003 351 Nov. 2005 501 Nov. 2005 571 Nov. 200 I
206 Nov. 2000 353 Sept. 1996 506 Nov. 2005
K. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
All Plans and Documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in
accordance with this agreement on or before November 17, 2006.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor
for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 of3
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED md =,.. by'" T""""" d j"""" LIMITED
j t2Io.&.r .2 2C06
) Date
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in the presence of )
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SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF
CLARlNGTON.
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John ~_ _ u;iIa~\',
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Date
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in the presence of
Date
P/29246/SignDocs- AGR.doc
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIYED BY:
P,\ I 2-29246\Specs\2 I 809-TF-SignDocs.doc
TENDER FOR CONTRACT NO. CL2006-52
ACCESS CONSTRUCTION - STRATHA VEN LIFECARE
AND 280 KING STREET EAST DRIVEWAY IMPROVEMENTS,
BOWMANVILLE
CORPORATION OF THE MUNICIPALITY OF CLAR1NGTON
TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A5G6
Telephone: 905-372-2121 Fax: 905-372-3621
Ron Robinson Limited
Name
3075 MaDlelITove Road
Bowmanville. Ontario LlC 3K4
Address (include Postal Code)
Tel: 905-697-0400 Fax: 905-697-0581
Telephone and Fax Numbers
Ronald D. Robinson
Name of Person Signing
Vice President
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario
LlC 3A6
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TENDER CONTRACT NO. CL2006-52
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No_ CL2006-52
Access Construction - Strathaven Lifecare and
280 King Street East Driveway Improvements, Bowmanville
Dear Mayor and Members of Council:
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as
part of the work to be done under this Contract. The Contractor understands and accepts the said Plans,
Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all
machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in
the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and
Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are subject to
increase, decrease, or deletion entirely if found not to be required.
Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made
payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the
Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100%
Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of
receipt ofNoticc 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 5 pages
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ITEMIZED BID
CONTRACT NO. CL2006-52
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2006-52 for the following unit prices.
Spec. No.
SP
(P)
MOC
RMDSS
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 ofClarington Design Guidelines and Standards Drawings
Refers to Regional Municipality of Durham Standard Specifications
Item No. Spec No. Description Unit Quantity Unit Price Total
PART 'A' - CONSTRUCTION
1 201, SP Site Preparation LS 3,250_00 3,250.00
2 20l,SP Clearing and Grubbing LS 3,450.00 3,450.00
MOC
3 206,SP Earth Excavation (Grading) 3 310 39.00 12,090.00
m
MOC (P)
4 310,SP Hot Mix, H.L.-3 Surface m2 450 21.85 9,832.50
MOC
5 310,SP Hot Mix, H.L.-8 Base 2 175 20_70 3,622.50
m
MOC
6 314, SP Granular 'A' t 280 44.20 12,376.00
MOC
7 35l,SP Concrete in Sidewalk m2 60 130.15 7,809.00
MOC
8 353,SP Concrete Curb and Gutter (All - m 15 185.50 2,782.50
MOC types)
9 41O,SP 200 mm Dia. PVC Storm Sewer, m 4 396.50 1,586.00
MOC including Excavation, Embedment
and Granular Backfill.
10 407,SP 600 mm x 600 mm Precast ea 1 1,755.00 1,755_00
MOC Catchbasin (C-104, 400.010)
11 SP Sawcutting of Asphalt m 45 11.50 517.50
12 SP Sawcutting of Concrete Curb m 23 46.00 1,058.00
13 510,SP Removal of Concrete Sidewalk m2 85 13.00 1,105.00
14 570,571 Topsoil (Imported) and Nursery Sod m2 525 10.65 5,591.25
SP
15 SP Miscellaneous Works LS 5,000.00
Total (excluding GST) 71,825.25
GST (6% of Total) 4,309.52
TOTAL TENDER AMOUNT 76,134.77
Tenderer's GST Registration No. R104620729
P f29246/Specsl29246-IB-SignDocs.xls
Page 3 of 5 pages
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AGREEMENT TO BOND (to be completed by Bondinl!. Company)
CONTRACT NO. CL2006-52
Bond No.: TS 8002375/54
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
RON ROBINSON 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 (100%) of the Total Tender amount, and
conforming to the Iostruments of Contract attached hereto, for the full and due performance of the works shown or
described herein, if the Tender for Contract No.CL2006-52 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.
DATEDAT Toronto
this
day of AUl!:llst
31st
2006
The Guarantee Comoanv of North America
NameofBonilingCom~ny
Brian Edmunds
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
Vice President
Position
(This Form shall be completed and attached to the Tender Submitted).
Page 4 of 5 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2oo6-52
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General Pa~sland2
Itemized Bid Pages 3
Agreement to Bond Page 4
Schedule of Tender Data Page 5
B. TERMS AND CONDITIONS Pages I to 9
C. SCHEDULE 'c'
D. INSTRUCTIONS TO TENDERERS Pages I to 5
E. SPECIAL PROVISIONS - GENERAL Pages I to 13
F. SPECIAL PROVISIONS - TENDER ITEMS Pages I to 3
G. STANDARDS
H. PLANS: Drawings No. I and 2
I. MUNICIPALITY OF CLAR1NGTON DESIGN GUIDELINES AND STANDARD DRAWINGS
J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and the current Region of Durham
Standard Specifications.
OPSS No. Date
127 Current
128 Current
201 Nov. 2003
206 Nov. 2000
OPSS No. Date
310 Nov. 2004
314 Nov. 2004
351 Nov. 2005
353 Sept. 1996
OPSS No. Date
407 Nov. 2004
410 Apr. 1999
50 I Nov. 2005
506 Nov. 2005
OPSS No. Date
510 Nov. 2004
570 Aug. 1990
571 Nov. 2001
K. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes
x
No
By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications,
for Contract No. CL2006-52, executed by me/us bearing date the 31" day of August, 2006 and we have
::N~~IMd;";l--_a' '."-'0 J- -~~
.-f _
POSITION Vice President
-, - --:::
(CO~~EAL)
NAME OF FIRM Ron Robinson Limited
Privacy Lee:islatioD
Federal legislation governs the collection and use of personal infonnation from individuals. We represent and warrant to the owner that we
have obtained the CONSENT of any and all employees whose personal infonnation we have supplied to the owner in this tender. This
personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional
designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent)
for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project
administration, for contact purposes.
This is Page 5 of 5 Pages to be submitted as the Tender Submission for Contract No. CL2006-52.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-52
STANDARD TERMS AND CONDITIONS
P/29246!Specs/2181 O-Standard Terms and Conditions.doc
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STANDARD TERMS AND CONDITIONS
1
The Municipality ofClarington's "Standard Terms and Conditions" shall apply to this Contract
except where noted below.
. Clause 8 of the "Standard Terms and Conditions" shall be superceded by Clause 8,
"Payments" of the "Special Provisions - General" Section of the Contract.
. Clause 15 of the "Standard Terms and Conditions" shall be superceded by Clause 2,
"Guaranteed Maintenance" of the "Special Provisions - General" Section of the
Contract.
. Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract.
. Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause
6.03.02 ofthe OPS General Conditions of Contract (September 1999) which requires a
$5,000,000.00 liability coverage.
. Clause 26 ofthe "Standard Terms and Conditions" shall be superceded by Clause 19,
"Workplace Hazardous Materials Information System (WHMIS)" of the "Special
Provisions - General" Section ofthe Contract..
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STANDARD TERMS AND CONDITIONS
2
1.
DEFINITIONS
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Municipality - The Corporation of the Municipality of Clarington, its successors and assigns.
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Bidder - The person, firm or corporation submitting a bid to the Municipality.
Company - The person, contractor, firm or corporation to whom the Municipality has awarded the
contract, it successors and assigns.
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Contract - The purchase order authorizing the company to perform the work, purchase order
alterations, the document and addenda, the bid, and surety.
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Subcontractor - A person, firm or corporation having a contract with the company for, or any part of,
the work.
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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 specifications contained in the document.
Bid - An offer by a Bidder in response to the document issued by the Municipality.
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Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be
done. furnished or performed by the company, which are subject to the Contract.
2.
SUBMISSION OF BID
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Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #94-129
and will apply for the calling. receiving, and opening of bids. The Municipality will be responsible for
evaluating bids. awarding and administering the contract in accordance with the Purchasing By-law.
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The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier
envelopes or other coverings.
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If a joint bid is submitted. it must be signed on beha~ of each of the Bidders.
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The bid must be signed by a designated signing officer of the Bidder.
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.
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2. SUBMISSION OF BID lcont'd)
Failure to return the document or invitation may result in the removal of the Bidder from 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.
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 Bidde~s standard or general conditions of sale shall be of
any effect unless expliciUy agreed to by the Municipality and specifically referred to in the purchase
order.
4.
CLARIFICATION OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shall be
requested through the Municipality's contact identified in the document. Any such clarification so
given shall not in any way alter the document and in no case shall oral arrangements be considered.
Every notice, advice or other communication pertaining thereto will be in the form of a wriUen
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 ttem 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, rt shall
arrange its shipping procedures so that its agent or representative in Canada is the importer of
record for customs purposes.
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Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of
Canada or the Province of Ontario become direc~y 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 unlil 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.
9.
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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.
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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 alternate detennined by the Municipality shall be
final. Any bid proposing an alternate will not be considered unless otherwise specified herein.
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11.
EQUIVALENCY
Any opinion detennined 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
5
13.
FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to request of the Company to fumish reasonable evidence that financial
arrangements have been made to fulfili the Company's obligations under the Contract.
14.
LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and its performance. The company shall be responsible for ensuring
similar compliance by suppliers and subcontractors.
The contract shall be govemed 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 acIual delivery date or completion of the work (or specified
warranty/guarantee period if longer than one year) any part of the work becomes defective or is
deficient or fails due to defect in design. material or workmanship, or otherwise fails to meet the
requirements of the contract, the company, upon request, shall make good every such defect,
deficiency or failure without cost to the Municipality. The company shall pay all transportation costs
for work both ways between the company's factory or repair depot and the point of use.
16.
BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions.
if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the
Municipality for its decision in this regard.
Bids shall be irrevocable for 90 days after the official closing time.
The placing in the mail or delivery to the 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: terminate the contract.
b.
If the company: fails to comply with any request, instruction or order of the Municipality; or
fails to pay its accounts: or fails to comply with or persistently disregards statutes,
regulations, by-laws or directives of relevant authorities relating to the work: or fails to
prosecute the work with skill and diligence; or assigns or sublets the contract or any portion
thereof without the Municipality's prior written consent; or refuses to correct defective work;
or is otherwise in default in carrying out its part of any of the 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, terminate the contract.
c.
Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice
to any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto.
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STANDARD TERMS AND CONDITIONS
6
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d.
If the Municipality terminates the contract, it is entitled to:
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i) take possession of all work in progress, materials and construction equipment
then at the project site (at no additional charge for the retention or use of the
construction equipment), and finish the work by whatever means the Municipality
may deem appropriate under the circumstances:
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ii)
withhold any further payments to the company until the completion of the work
and the expiry of all obligations under the Correction of Defects section;
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Hi)
recover from the company loss. damage and expense incurred by the Municipality
by reason of the company's default (which may be deducted from any monies due
or becoming due to the company, any balance to be paid by the company to the
Municipality).
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18. CONTRACT CANCELLATiON
The Municipality shall have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation,
the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to
the Company for loss of anticipated profit on the cancelled portion or portions of the work.
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19.
QUANTITIES
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Unless othelWise specified herein, quantities are shown as approximate, are not guaranteed to be
accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis
for comparison only.
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Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
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20. SAMPLES
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Upon request. samples must be submitted strictly in accordance with instructions. If samples are
requested subsequent to opening of bids, they shall be delivered within three (3) working days
following such request, uniess additional time is granted. Samples must be submitted free of charge
and will be retumed at the bidde~s expense. upon request. provided they have not been destroyed
by tests, or are not required for comparison purposes.
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The acceptance of samples by the Municipality shall be at its sole discretion and any such
acceptance shall in no way be construed to imply relief of the company from its obligations under the
contract.
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Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
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21. SURETY
The successful tenderer shall, 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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23.
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24.
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25.
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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 Workplace Safety and Insurance Board shall be provided prior to the commencement of
work indicating all payments by the Company to the board have been made. Prior to final payment, a
Certificate of Clearance must be issued indicating all payments by the Company to the Board in
conjunction with the subject Contract have been made and that the Municipality will not be liable to
the Board for future payments in connection with the Company's fulfilment of the contract Further
Certificates of Clearance or other types of certificates shall be provided upon request
For Independent contractors / Owners / Operators who do not have WSIB coverage, the following
shall be provided upon request by the Calling Agency:
Single Independent Contractors / Owners / Operators shall provide a letter from the Workplace
Safety & Insurance Board confirming independent operator status and identification number. To
obtain this, contractors must complete the form "Determining worker/Independent Operator status",
issued by the Workplace Safety & Insurance Board. (For more information, please contact your
local Workplace Safety & Insurance Board Office and refer to this clause.)
Single Independent Contractors / Owners / Operators must also provide a certificate from the
Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage.
The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage.
INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance including
premises and all operations. This insurance coverage shall be subject to limits of not less than
$3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such
other coverage or amount as may be requested.
The policy shall include the Municipality as an additional insureds in respect of all operations
performed by or on behalf of the Company. A certified copy of such policy or certificate shall be
provided to the municipality prior to commencement of the work. Further certified copies shall be
provided upon request
LIABILITY
The company agrees to defend, fully indemnity and save harmless the Municipality from all actions,
suits, claims, demands, losses, oosts. 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, penallies 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 reiation to any violation of the Act arising out of this contract
VISITING THE SITE
The Company shall carefully examine the site and existing building and services affecting the proper
execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions.
No claim for extra payment will be allowed for work or difficulties encountered due to conditions of
the site which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respect
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STANDARD TERMS AND CONDITIONS
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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W~hout 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 governing regulations including those established
by the Municipality relating to employee heatlh and safety. The Company shall keep employees and
subcontractors informed of such regulations.
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The Company shall provide Matelial Safety Data Sheets (MSDS) to the Municipality for any supplied
Hazardous Matelials.
27.
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UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims alising out of unpaid accounts relating
to the work. The Municipality shall have the light 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.
SUSPENSION OF WORK
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The Municipality may, without invalidating the contract, suspend performance by the company from
time to time of any part or all of the work for such reasonable peliod of time as the Municipality may
determine.
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The resumption and completion of work after the suspension shall be governed by the schedule
established by the Municipality.
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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 plices to the quantum of such increase or
decrease. or in the absence of applicable unit plices. by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
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30. CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell goods or services to the Municipality
in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a
Company or own a Company which sells goods or services to the Municipality.
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31.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT lMFIPPAl
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All correspondence, documentation, and information provided to staff of the Municipality of Clalington
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 Plivacy Act, and
may be subject to release pursuant to the Act
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Offerers are reminded to identify in their proposal matelial any specific scientific, technical,
commercial, proprietary, or similar confidential information, the disclosure of which could cause them
injury. Complete proposals are not to be identified as confidential.
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32.
CRIMINAL BACKGROUND CHECKS
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'The successful service provider covenants and agrees to provide the Municipality of Qarington I or
such other entity as the Municipality may designate, with wlitten consent to perform a climinal
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5T ANDARD TERMS AND CONDITIONS
9
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background check including Criminal Code (Canada) convictions, pardoned sexual offences.
records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and
Food and Drugs Act and all outstanding warrants and charges for every individual who may come
into direct contract with youth or who are permitted entrance to private or restricted areas or
residences. This will be done at no cost to the Municipality and any such requested document will
be submitted to the Municipality in its true 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 term of the contract only or a one year term, whichever
comes firs\. Under the terms of the contract, the Municipality has the sole and unfettered discretion
to prohibit an individual from coming into direct contact with youth or entering a private or restricted
area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew
the Municipal identification cards according to Municipal policy and procedure.
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The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately
and unilaterally and without penalty to the Municipality should the service provider fail to provide
the required documentation or otherwise adhere to this procedure. 'The Chief Administrative
Officer has the final say in detennining any final action:'
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2006-52
SCHEDULE 'c'
P/292461Specs/21811-Schedule (C).doc
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE
POLICY:
Contractors and Sub-contractors are responsible to ensure that their personnel are
updated on all safety concems of the workplace and are aware of the safety
requirements as required by the Contractor under the Occupational Health and Safety
Act. Safety performance will be a consideration in the awarding of contract. Under the
Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's
responsibility to ensure that
. the measures and procedures prescribed by the Occupational Health and Safety
Act and the Regulations are carried out on the proiect;
every employer and every worker performing work on the proiect complies with
the Occupational Health and Safety Act and the Regulations (under the Act); and
the health and safety of workers on the proiect is protected.
Where so prescribed, a constructor shall, before commencing any work on a
project, give to a Director notice in writing of the project containing such
information as may be prescribed.
DEFINITIONS:
Contractor - any individual or firm engaged by the Municipality to do work on behalf of
the Municipality.
Project - means a construction project, whether public or private, including,
. the construction of a building, bridge, structure, industrial establishment, mining
plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway,
parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph,
telephone or electrical cable, pipe line, duct or well, or any combination thereof,
. the moving of a building or structure, and
. any work or undertaking, or any lands or appurtenances used in connection with
construction.
Construction - includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, trenching,
digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant,
and any work or undertaking in connection with a project.
SCHEDULE(C
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Constructor - means a person who undertakes a project for an owner and includes an
owner who undertakes all or part of a project by himself or by more than one employer.
Project Manager - means the municipal management representative who has
responsibility for a contract.
PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
a) Before beginning a project, the project manager or delegate must determine
whether any designated substanceslhazardous materials are (or will be) present
at the site and prepare a list of all these substances.
b) The project manager or delegate must include, as part of the request for
tender/quotations. a copy of the above-mentioned list. The list of designated
substances/hazardous materials must be provided to all prospective constructors
and/or contractors.
c) The request for tender/quotations will require prospective contractors to include a
list of the designated substances/hazardous materials that will be brought onto
the work site and material safety data sheets.
d) Before awarding a contract, contractor(s) will be required to complete and sign
the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will
maintain all contractors safety performance records.
e) As part of the tender/quotation conditions, before award of a contract, the
contractor will be required to provide proof that all workers involved with the
project have the proper WHMIS training, as required by the Occupational Health
and Safety Act.
f) As part of the tender/quotation conditions, before award of a contract, the
contractor must provide details of their Health and Safety program.
g) The project manager or delegate must provide the successful contractor with a
workplace orientation, which will include, but not limited to identifying known
potential hazards, hazardous material inventory and material safety data sheets
for the sites. A workplace orientation/Job Safety Instruction Checklist to be
completed (see Compliance page 9).
h) Before the start of the assignment, the following documentation will be provided
to the successful contractor, by the project manager or delegate.
i) Copies of the Municipal Corporate Health and Safety Program
ii) Departmental health and safety policies
iii) Workplace procedures regarding health and safety practices.
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
i) The contractor has the responsibility to provide any and all prescribed personal
protective equipment for their own workers, to include as a minimum but not
limited to hard hats and safety boots. If a worker(s) fails to comply with any
program, policy, rule or request regarding health and safety, that person(s) is not
allowed on the site until the person(s) complies.
j) The Municipality will retain the right to document contractors for all health and
safety warnings and/or to stop any contractors' work if any of the previously
mentioned items are not in compliance. Similarly, the Municipality will have the
right to issue warnings and/or to stop work if there are any violations by the
contractor of the Occupational Health and Safety Act, Municipal Health and
Safety programs, policies, rules, and/or if the contractor creates an unacceptable
health and safety hazard. Written warnings and/or stop work orders can be given
to contractors using Contractor Health and Safety Warning/Stop Work Order
Form (Schedule "S").
k) Where applicable, the Municipality will retain the right to allow municipal
employees to refuse to work in accordance with the established policy and the
Occupational Health and Safety Act, in any unsafe conditions.
I) The Purchasing Departrnent will maintain current certificates of clearance until all
monies owing have been paid to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the
project manager or designate. This will include identification, evaluation and
control practices and procedures for hazards and follow-up and issuing of
Contractor Health and Safety Warning/Stop Work Orders.
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
To Contractor(s):
The Municipality of Clarington is committed to a healthy and safe working environment for all
workers. To ensure the Municipal workplace is a healthy and safe working environment,
contractors, constructors and subcontractors must have knowledge of and operate in
compliance with the Occupational Health and Safety Act and any other legislation pertaining to
employee health and safety.
In order to evaluate your company's health and safety experience, please provide the
accident/incident and/or Workplace Safety and Insurance Board (WSIB) information noted
below, where applicable.
. The New Experimental Experience Rating (NEER)
- The WSIB experience rating system for non-construction rate groups
. The Council Amended Draft #7 (CAD-7) Rating
- The WSIB experience rating system for construction rate groups
. Injury frequency performance for the last two years
- This may be available from the contractor's trade association
. Has the contractor received any Ministry of Labour warnings or orders in the last two
years? (If the answer is yes, please include the infraction).
. 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. I/we will work safely with skill and care so as to
prevent an accidental injury to ourselves, fellow employees and members of the public.
1. The contractor/successful tenderer certifies that it, its employees, its
subcontractors and their employees,
a) are aware of their respective duties and obligations under the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the" Act'); and
b) have sufficient knowledge and training to perform all matters required
pursuant to this contracUtender 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 its expense immediately upon being notified
by any person of the existence of such act, practice or non-compliance.
4.
The contractor/successful tenderer shall permit representatives of the
Municipality and the Health and Safety Committee on site at any time or times for
the purpose of inspection to determine compliance with this contractor/tender.
5.
No act or omission by any representative of the Municipality shall be deemed to
be an assumption of any of the duties or obligations of the contractor/successful
tenderer or any of its subcontractors under the Act.
6.
The contractor/successful tenderer shall indemnify and save harmless the
Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which
may result from the contractor/successful tenderer or any of its
employees, its subcontractors or their employees failing to act safely or to
comply in all respects with the Act in the performance of any matters
required pursuant to this contracUtender;
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and costs related thereto, brought against the
Municipality by any person arising out of any unsafe act or practice or any
non-compliance with the Act by the contractor/successful tenderer or any
of its employees, its subcontractors or their employees in the
performance of any matter required pursuant to this contracVtender; and
c) from any and all charges, fines, penalties, and costs that may be incurred
or paid by the Municipality (or any of its council members or employees)
shall be made a party to any charge under the Act in relation to any
violation of the Act arising out of this contracVtender.
-. %0..0. .&.!?/.~J.li/.Jll&.;4..d............... -/;]12(1. td. ~ .kJ. If. (1.JC_1...........
Contractor Name of Person Signing for Contractor
...... t.c!.................................................. _...... _. .rf)bbl. .?c/_2.0.9.. .f:?_ __......
Signature of Contractor Date
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER
The purpose of this form is to: (Issuer to check one of the following)
Provide warning to the contractor to immediately discontinue the unsafe work practice
described below
Direct the contractor to immediately cease all work being performed under this contract
due to the unsafe work practice described below.
FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A
BREACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
NAME OF FIRM:
PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
SCHEDULE (C)
CONTRACTOR SAFETY
DATE & TIME OF INFRACTION:
DESCRIPTION OF INFRACTION INCLUDING LOCATION:
ORDER GIVEN BY MUNICIPALITY:
DID THE CONTRACTOR COMPLY WITH THIS ORDER?
DATE & TIME OF COMPLIANCE:
ISSUED TO:
CONTRACTOR'S EMPLOYEE TITLE
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
PART "C" - ADDITIONAL COMMENTS
THIS SECTiON IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS
SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME
WORK RESUMED, FURTHER ACTION TAKEN, ETC.
S/AdminlFolTTls & Specs/ClaringlonlPolq-MOC
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2006-52
INSTRUCTIONS TO TENDERERS
P:\] 2-29246\SpecsI21812-IT.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-52
CLAUSE
SUBJECT
PAGE
I. GENERAL........................................................................................................................................................... I
2. BLANK FORM OF TENDER ............................................................................................................................ I
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
II. COMMENCEMENT OF WORK........................................................................................................................ 3
12_ LOCATION ............................... ............_... ...... ......... .... .............. ............ ........... ..................... ............................. 3
13. SOILS INFORMATION AND CROSS-SECTIONS .......................................................................................... 3
14. TENDERERS TO INVESTIGATE ..... .......................................... .... ................................... ....... ......... ............... 4
15. INQUIRIES DURING TENDERING ................................... .... ............. ...................... ........................ ..... .......... 4
16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.................. 4
17_ ADDENDA..........................................................................................................................................................4
18. UTILITIES................................................................ ........... ................................................................................ 4
19. TENDER OPENING MEETING ........................................................................................................................ 5
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-52
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2006-52 " will be received until:
2:00:00 p.m., LOCAL TIME, THURSDAY, AUGUST 31, 2006
and shall be addressed to'
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. L1C 3A6
2.
BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested
shall be shown in the tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
Total Tender Amount
Minimum Deposit
Required
$1,000.00
2,000.00
5,000.00
10,000.00
25,000.00
50,000.00
100,000.00
200,000.00
$ 20,000.00 or less
20,000.01 to 50,000.00
50,000.01 to 100,000.00
100,000.01 to 250,000.00
250,000.0 I to 500,000.00
500,000.01 to 1,000,000.00
1,000,000.01 to 2,000,000.00
2,000,000.01 and over
All deposits will be returned within ten days after the Tenders have been opened except those
which the Authority elects to retain until the successful tenderer has executed the Contract
Documents.
The retained tender deposits will be returned when the successful Tenderer has fully complied
with the conditions outlined in the Contract Documents.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-52
2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material Payment
Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his
faithful performance ofthis Contract and his fulfillment of all obligations in respect of
maintenance and payment for labour and materials used on this work.
Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
5. RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender should it be
deemed to be in its best interest to do so.
Tenders which are incomplete, conditional or obscure, or which contain additions not called for,
erasures, alterations, or irregularities of any kind, may be rejected as informal.
Tenders will not be accepted unless submitted in the envelopes provided.
6. UNACCEPTABLE TENDERS
Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be considered to be
unbalanced, then it will be rejected by the Authority.
The Contractor is advised that a number of parties are contributing to the cost of the work on this
Contract. Unit prices should represent a price specific to the effort required to complete the
work. The provisions of this Clause shall be strictly enforced.
7.
ABILITY AND EXPERIENCE OF TENDERER
The Authority reserves the right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete the work in the specified
time, is not furnished by the Tenderer.
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8.
PROVINCIAL SALES TAX
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Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-52
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 T enderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site within 7 calendar days of the official
commencement date as specified in the written order issued in accordance with GC7.01.02 of the
General Conditions.
12. LOCATION
The work is located on Highway 2 at 280 King Street East and on Galbraith Court,
approximately 80 m north of Highway 2.
13. SOILS INFORMATION AND CROSS-SECTIONS
No soils investigation has been undertaken for this project.
Design cross-sections may be viewed for information purposes at the consultants office in
Cobourg.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-52
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. INQmRlES DURING TENDERING
The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications,
shall be directed to Will McCrae, P.Eng. or Troy MacArthur, C.E.T., at (905) 372-2121.
16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT
ADMINISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be
interpreted as meaning the "Corporation of the Municipality of C1arington"_
Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality ofClarington".
Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may
be authorized by the Authority to act in any particular capacity.
17. ADDENDA
The Contractor shall ensure that all addenda issued during the tendering period are attached as
part of the submitted bid. Failure to do so will result in disqualification of the bid.
18. UTILITIES
Plans illustrating proposals for the relocation of utilities are available for inspection at the office
of the Contract Administrator.
For additional information regarding existing utilities the Contractor may contact the following
personnel:
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2006-52
5.
Veridian Hydro:
Mr. Peter Petriw, P.Eng.
Tel: 888-445-2881
Bell Canada:
Ms. Kimberly MacLellan
Tel: 905-433-3034
Enbridge/Consumers Gas:
Mr. Frank Cholewa
Tel: 800-361-0621
Ext: 2672
Cable TV:
Ms. Cindy Ward
Tel: 905-436-4138
19. TENDER OPENING MEETING
The tender opening meeting is scheduled to take place at 2:15:00 p.m. after the closing time and
date in Meeting Room I, Main Floor, 40 Temperance Street, Bowmanville, Ontario and
interested bidders are invited to attend.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-52
SPECIAL PROVISIONS - GENERAL
P:\12-29246\Specs\ 21813-SPG_doc
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2006-52
CLAUSE
SUBJECT
PAGE
I. PLAN QUANTITY ITEMS ..............................................................................................................1
2. GUARANTEED MAINTENANCE ..................................................................................................1
3. CONTRACT TIME AND LIQUIDATED DAMAGES.................................................................... I
4. CONTRACTOR'S AUTHORIZED REPRESENT ATNE...............................................................2
5. OPS GENERAL CONDITIONS ........................................ ......................... ............ .................... ......2
6. LAYOUT ...........................................................................................................................................2
7. RESTRICTIONS ON OPEN BURNING ..........................................................................................3
8. P A YMENTS......................................................................................................................................3
9. UTILITIES ..................................... ........................................................................... ................ ......... 3
10. HAUL ROADS ..................................................................................................................................4
II. DUST CONTROL .............................................................................................................................4
12. TRAFFIC CONTROL, FLAGGING .................................................................................................4
13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ...........................................................5
14. MAINTENANCE OF TRAFFIC.......................................................................................................5
15. EMERGENCY AND MAINTENANCE MEASURES.....................................................................6
16. ENGINEERING FIELD OFFICE........... ................. ................ ........ .................................................. 6
17. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .........._........................................._6
18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991-DESIGNATEDSUBSTANCES.........6
19. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS).....................8
20. SPILLS REPORTING ......................................................._............._.................................................8
21. PROTECTION OF WATER QUALITy........................................................................................... 8
22. TRAFFIC AND STREET SIGNS .....................................................................................................9
23. GARBAGE COLLECTION .............................................................................................................. 9
24. ASPHALT MIX DESIGNS ..... ....................................... ...................._.......... .................................... 9
25. AMENDMENT TO OPSS 1820 - CONCRETE PIPE ................................................_....................9
26. DELNERY OF TEST SAMPLES..................................................................................................10
27. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES I 0
28. CONFINED SPACE ENTRY..........................................................................................................11
29. ENTRY ONTO PRIVATE PROPERTy.........................................................................................11
30. STORAGE AREAS ......................................................................................................................... II
31. GENERAL LIABILITY INSURANCE...........................................................................................12
32. CONSTRUCTION LIEN ACT................................ ........................ ...... ...... .................................... 12
33. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR ..............................................................................................................................13
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
1. PLAN QUANTITY ITEMS
Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as
may be revised by adjusted plan quantity.
2. GUARANTEED MAINTENANCE
Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be final as to the necessity for
repairs or for any work to be done under this Section.
3. CONTRACT TIME AND LlQmDATED 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
GC 1.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion ofthis Contract as defined in GC1.06 of the
General Conditions on or before November 17,2006.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift basis,
it is expected that additional and/or augmented daylight shifts will be required throughout the
life of the contract to the extent deemed necessary by the Contractor to insure that the work
will be completed within the contract time specified. Any additional costs occasioned by
compliance with these provisions will be considered to be included in the prices bid for the
various items of work and no additional compensation will be allowed therefore.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
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 ofthe prescribed date for completion.
The Authority may deduct any amount under this paragraph from any moneys that may be due
or payable to the Contractor on any account whatsoever. The liquidated damages payable under
this paragraph are in addition to and without prejudice to any other remedy, action or other
alternative that may be available to the Authority.
4. CONTRACTOR'S AUTHORIZED REPRESENTATIYE
Authorized representative as referenced in GC7.01.09 is defined as an employee of the Contractor.
5. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
6. LAYOUT
Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the
addition of the following:
The Contract Administrator shall lay out and establish the primary alignment and grade controls
necessary for construction. The Contractor shall provide the Contract Administrator with sufficient
advance notice of his requirements to permit appropriate scheduling of the layout work.
The layout performed by the Contract Administrator shall be sufficient to permit construction of the
work by the Contractor in compliance with the Contract Documents, but shall not relieve the
Contractor of his responsibility for the provision of qualified personnel and normal tools of the
trade, as necessary for the transfer or setting of the secondary lines and grades from the primary
controls provided. Tools of the trade are interpreted to include but not necessarily be limited to
hand and line levels, boning rods, tape measures, lasers, etc.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
3.
7. 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.
8. 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 ofthe total value of work performed beyond the expiration of
46 days from the date of publication of the Certificate of Substantial Performance, to enable the
Contract Administrator to produce the final detailed statement of the value of all work done and
material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%,
the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise
the Certificate of Substantial Performance per GC8.02.03.04(03).
The Completion Payment Certificate to include statutory holdback release, will be issued within
120 days after the date for completion as specified under GC1.06. The date for interest due to late
payment shall commence following 180 days after the date of completion of the work.
As a condition of the final holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
The Contractor 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.
9. 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.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CLZ006-52
I
4.
When so required by the Contract Administrator, payment for maintenance and restoration of haul
roads will be made for the materials provided and the work performed as specified, at tender prices,
or at negotiated prices.
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The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact the
appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage.
10. HAUL ROADS
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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11. DUST CONTROL
(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
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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.
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.
12. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in
OTM Book 7 (Ontario Traffic Manual).
Each flagman shall, while controlling traffic, wear the following:
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
5.
13.
CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
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In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the
supply, erection, maintenance and subsequent removal of all temporary traffic controls, including
signs, lights, barricades, delineators, cones, etc., required on the work.
Traffic controls shall be provided in general accordance with the latest edition of the "OTM Book
7". As a minimum requirement and without restricting the Contract Administrator or the Authority
in requiring further controls, the following signs shall be supplied:
Sign Number
TC-I
TC-4IA
TC-4IB
TC-IA
Sigu Message
Construction
Construction Zone Begins
Construction Zone Ends
Construction Ahead I Km
Number Required
3
3
3
2
Traffic controls shall be operational before work affecting traffic begins.
14.
MAINTENANCE OF TRAFFIC
One lane of traffic shall be maintained at all times on Galbraith Court. Two lanes shall be open to
traffic at the end of each working day. King Street East shall remain open to traffic at all times.
Lane reduction may be implemented on King Street East with the approval of the Contract
Administrator.
It should be noted that Highway No.2 is a route for GO Transit and Clarington Transit. Service
will be maintained throughout construction_
It is understood that implementation of traffic controls will require ongoing review and adjustment
to suit construction operations.
No deviation from the above procedure will be allowed except with the approval of the Engineer.
The Contractor shall be responsible for all signing at the contract limits and within the contract
limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the
Contractor's responsibility to directly notifY Police, Fire, Hospital and Ambulance services of road
closure at least 24 hours in advance of such closure and to notify these same authorities when such
closures are no longer in effect.
It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of
one week in advance of such closure. The newspaper advertisement shall indicate the date of
closing of the roadway and the length of time for which the road will be closed. This advertising is
in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above.
The Contractor shall be responsible for all detour signing outside the contract limits.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
6.
15. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract Administrator
in case emergency or maintenance measures are required regardless whether the emergency or
requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause
whatsoever.
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.
16. 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.
17. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The requirements of OPSS 180 shall apply to this Contract, revised as follows:
.1 Section 180.03, Definitions, shall be amended by the addition of the following:
Work area: means the road allowance, right-of-way, and property with a boundary common to
the road allowance or right-of-way within the Contract limits.
.2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 180-1,
OPSF 180-2, OPSF 180-3, OPSF 180-4 and OPSF 180-5 for use where appropriate with respect to
disposal of excess materiaL
18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES
In accordance with the requirements of Section l8a( 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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
7.
Designated Identified on this Site Location
Substance
Acrylonitrile No
Arsenic No
Asbestos No
Benzene No
Coke Oven Emissions No
Ethylene Oxide No
Isocynates No
Lead No
Mercury No
Silica No
Vinyl Chloride No
It is the responsibility ofthe Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy ofthis specification, where Designated Substances are identified
as being present at the site of the work.
The Contractor shall comply with the governing Ministry of Labour Regulations respecting
protection of workers, removal, handling and disposition of the Designated Substances encountered
on this Contract.
Prior to commencement of this work, the Contractor shall provide written notification to the
Ministry of the Environment York-Durham District at 230 Westney Road South, 5th Floor, Ajax,
Ontario, U5 7J5, of the location(s) proposed for disposal of Designated Substances. A copy of the
notification shall be provided to the Contract Administrator a minimum of two weeks in advance of
work starting.
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.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
8.
19. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a
list of those products controlled under WHMIS which he expects to use on this Contract. Related
Material Safety Data Sheets shall accompany the submission. All containers used in the application
of products controlled under WHMIS shall be labelled.
The Contractor shall notifY the Contract Administrator of changes to the list in writing and provide
the relevant Material Safety Data Sheets.
20. SPILLS REPORTING
Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or
discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or
are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such
spills or discharges and their adverse effects shall be as defined in the Environmental Protection
Act R.S.O. 1980.
All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally
illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all
spills or discharges from this equipment that are a result of the Contractor's operations shall, unless
otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to
the Contract Administrator.
This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills
or discharges.
21. PROTECTION OF WATER QUALITY
At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from
the watercourse. Where this measure is not sufficient or feasible to control sediment entering the
watercourses, sedimentation traps or geotextile coverage will be required.
If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
9.
No machinery shall enter the creek bed of any watercourse. Movement of construction equipment
in the vicinity of any creeks shall be limited to the minimum required for construction.
The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
22. TRAFFIC AND STREET SIGNS
The Contractor will be responsible for the removal and salvage of existing traffic and street signs,
and their delivery to the Authority's Works Department Yard, for re-erection by the Authority
following completion of the work.
Scheduling for sign removal shall be as approved in advance by the Contract Administrator.
Regulatory signs such as "Stop" and "Yield" must be maintained throughout.
23. GARBAGE COLLECTION
The Contractor will be responsible for ensuring that garbage collection, including recyclables, is
maintained and when necessary, the Contractor shall make arrangements directly with the
collecting agency, to permit and coordinate pick-up.
24. ASPHALT MIX DESIGNS
The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt
required for the work, or for having the necessary mix designs prepared by a certified laboratory_
The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract
Administrator for his approval and no work shall commence until the design mixes are approved.
All costs associated with the provision of approved mix designs shall be borne by the Contractor.
Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix
required by this Contract.
25. AMENDMENT TO OPSS 1820 - CONCRETE PIPE
Section 1820.02, References, ofOPSS 1820 is deleted and replaced by the following:
1820.02
References
This specification refers to the following standards, specifications, or publications:
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-S2
10.
Ontario Provincial Standards Specifications (Material)
CSA Standard
A257-M1982 - Standards for Concrete Pipe
Section 1820.07, Production, of OPSS 1820 is deleted and replaced by the following:
I 820.Q7
Production
I 820.07.oJ
General
Production methods shall conform to the requirements ofCSA A257.1 and CSA A257.2.
Pipe for use in sewers up to and including 900 mm designated internal diameter shall be pipe of the
size and class required, and shall conform to the MOE Pre-qualification Requirements for Concrete
Sewer Pipe Plants.
The plant shall have a valid Pre-qualification Certificate at the time of production and delivery of
the pipe.
1820.07.02
Marking
Marking shall conform to the requirements ofCSA Standard A257.lM or A257.2M.
Pipe conforming to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants shall
bear the letters "MOE".
Jacking Pipe shall be marked with the words "Jacking Quality".
26. DELIYERY OF 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 site for delivery of samples is TSH Cobourg.
27. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED
SPACES
Clause GC7.0 1.06 of the OPS General Conditions of Contract is amended by the addition of the
following:
Detailed written procedures addressing the confined space requirements ofthe Occupational Health
and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
11.
be clearly posted at the project site and available to all personnel, including the Contractor's
workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors.
The procedures must include the rescue procedures to be followed during a rescue or evacuation of
all personnel from an unsafe condition or in the event of personal injury.
The Contractor shall have personnel trained in rescue procedures readily available on site.
28. CONFINED SPACE ENTRY
Without relieving the Contractor of his responsibilities under the Occupational Health and Safety
Act the Contractor shall be responsible for the supply of personal protective equipment for the use
of the Contract Administrator, in connection with confined space entry while the Contractor is
operating on site.
The following equipment shall be made available on request:
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. Mechanical Ventilation Equipment
. Gloves
. Gas Detector (C95-80)
. Full body harness securely attached to a rope
. Rope
. Gas mask or dust, mist or fume respirator (optional)
. 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily
available to supply air for instant egress)
. 7 minute Escape Pack
. Explosion-proof temporary lighting
. Adequate clothing to ensure protection against abrasions and contamination.
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In addition the Contractor shall provide a competent person who shall inspect all safety equipment
prior to use to ensure that it is in good working order and appropriate for the task at hand.
29. ENTRY ONTO PRIVATE PROPERTY
The Contractor shall not enter private property or property which is to be acquired to construct the
works without the prior consent of the Contract Administrator. This requirement will be strictly
enforced.
30. STORAGE AREAS
Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the
following:
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52 12.
The use of the road right -()f-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.
31. GENERAL LIABILITY INSURANCE
In addition to the requirements ofGC6.03.02.01, the Region of Durham shall be named as an
additional insured.
32. CONSTRUCTION LIEN ACT
The Contractor shall give the Authority notice in writing, immediately, of all lien claims or
potential lien claims coming to the knowledge of the Contractor or his agents.
When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien,
the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal
fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal
to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be
in addition to any other remedy available to the Authority under the Contract Documents.
Where any lien claimant asks from the Authority the production for inspection of the Contract
Documents or the state of the accounts between the Authority and the Contractor, the Contractor
shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made
as compensation for the preparation of such accounting or for the preparation of the Contract, or
both, as the case may be, and the Contractor acknowledges that such administrative fee shall be
properly deductible, if the Authority should so choose, from monies otherwise payable to the
Contractor under the terms of the Contract Documents.
Where an application is brought to a judge of a competent jurisdiction to compel production of any
particular document to a lien claimant, the Contractor further agrees to indemnify the Authority
from reasonable legal fees incurred in appearing on such an application and in addition agrees to
pay to the Authority its reasonable costs incurred in producing such documents to the extent that
the same is made necessary under the disposition of the matter by such judge, and the Contractor
further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be
properly deductible from monies otherwise payable to the Contractor under the terms of the
Contract Documents.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2006-52
13.
33. 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
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. LlA 3A6
Re: Contract No. CL2006-52
Dear Sir:
I hereby certifY that
(Name of Contractor)
have fulfilled the terms of our agreement and have left my property in a satisfactory condition.
I have accepted their final payment and release
(Name of Contractor)
and the Corporation of the Municipality of Clarington from further obligations.
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. CL2006-52
SPECIAL PROVISIONS - TENDER ITEMS
P;\] 2-29246\Specs\ 21814-SP- T1.doc
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-52
ORDER OF PRECEDENCE
Where a Specification or Standard exists in the Municipality of Clarington "Design Guidelines and
Standard Drawings" for any element of the works, the Municipality of Clarington Specification or
Standard shall take precedent over the contract "Special Provisions - Tender Items" or the "Ontario
Provincial Standards".
SITE PREPARATION - ITEM 1
Under this Item:
At Galbraith Court Entrance -
. Remove and salvage iron fence as directed by Contractor Administrator.
. Remove, salvage and place precast concrete curbs.
CLEARING AND GRUBBING - ITEM NO.2
At 280 King Street E. -
. Clearing and grubbing of two deciduous trees and one cedar tree.
Homeowners have the first right to wood from tree removal, otherwise it shall be disposed of by
Contractor.
At Galbraith Court Entrance:
. Clearing and grubbing of two deciduous trees.
EARm EXCAVATION (GRADING) - ITEM NO.3
The unit price bid under this Item shall also include for:
. Excavation of new entrances.
. Removal and disposal of asphalt in entrances, parking area, and boulevards.
. Excavation of existing granular parking.
All excess material shall be removed from the site to a location arranged for by the Contractor.
HOT MIX HL-3 AND HL-8 -ITEMS NO.4 AND 5
The Contractor shall supply all materials required for the proper execution of paving in accordance with
OPSS 310. Asphalt shall be PGAC 58-28.
The Marshall Stability for HL-3 surface course shall be a minimum of 8,900 and for HL-8 base course, a
minimum of 8,000.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-52
2.
The following depths of asphalt shall apply:
. Commercial Entrance, Parking and Boulevard
. Private Entrance
40 mm HL-3 Surface
50 mm HL-3 Surface
50 mm HL-8 Binder
GRANULAR' A', TYPE 1 -ITEM NO.6
Payment shall also be made under these Items for the placing and compacting of Granular 'A' in
driveway foundation
The following construction depths shall apply:
.
Commercial Entrance
Private Entrance
300 mm Granular' A'
200 mm Granular 'A'
.
CONCRETE IN SIDEWALK - ITEM NO.7
Where new sidewalk abuts or connects to existing sidewalk, an expansion joint shall be constructed at
these locations. Every joint shall be a contraction joint except where expansion joints are indicated.
The unit price bid shall include for all excavation as required to construct the new sidewalk.
CONCRETE CURB AND GUTTER - ITEM NO.8
The unit price bid shall also include for sawcutting concrete curb at the point of connecting to new barrier
curb.
STORM SEWERS -ITEM NO.9
Under this Item and for the unit price bid, the Contractor shall supply all materials including pipe of the
required type size and class.
For PVC pipe catchbasin leads and laterals, bedding and cover shall be in accordance with C-I 08 and C-
109 and backfill shall be granular.
The unit price bid under this Item shall include for breaking into and connecting to the existing
catchbasin.
CATCHBASINS - ITEM NO. 10
Structures shall be installed in accordance with Municipal Standards C-I 0 I and C-l 04. Compacted sand
backfill shall be placed around the structures to the dimensions indicated.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2006-52
3.
All catchbasins shall be fitted with sumps. Catchbasins shall be fitted with frames and grates in
accordance with OPSD 400.010.
SA WCUTTING OF ASPHALT -ITEM NO. 11
Payment under this Item shall be made for sawcutting of asphalt at the 280 King Street E. entrance and
the Galbraith Court entrance.
SA WCUTTlNG OF CONCRETE CURB -ITEM NO. 12
Payment shall be made under this Item for the sawcutting of existing concrete at 280 King Street E.
entrance and the Galbraith Court entrance. Rubble shall be disposed of off the site at a location arranged
for by the Contractor.
REMOVAL OF CONCRETE SInEW ALK -ITEM NO. 13
Payment shall be made under this Item for the removal and disposal of concrete sidewalk and private
concrete sidewalk. Payment shall also include for sawcutting of concrete as required. All rubble shall be
removed from the site to a location arranged for by the Contractor.
TOPSOIL (IMPORTED) AND NURSERY SOD - ITEM NO. 14
Screened topsoil shall be placed to a minimum depth of 100 mm in disturbed grass areas. It is not
anticipated that there will be any suitable topsoil available from stripping operations.
Sub-section 570.05.01 ofOPSS 570, August 1990 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:t 2 ppm. The
potassium level shall be 235 ppm:t ppm. The soil shall have a base saturation of calcium of75%, :t10%.
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 soil shall be treated with the required
amendments as recommended by the topsoil analysis report.
MISCELLANEOUS WORKS -ITEM NO. 15
Under this Item, the Contractor shall be paid on a time and material basis for works not covered
elsewhere in the Contract. Such works may include but are not limited to, planting of trees at 280 King
Street E. and Galbraith Court and adjustment of iron fence on Galbraith Court.
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2006-52
STANDARD DRAWINGS
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STANDARD NO.
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2006-52
DESCRIPTION
Municipality of C1arington Standard Drawings:
CI04
C-I08
C-I09
C-302
C-307
C-309
OPSD:
218.01
310.010
310.020
400.010
Single Catch Basin
Storm Sewer Trench Bedding
P.Y.c. Street Catch Basin Connection
Standard Curb and Gutter
Standard Concrete Sidewalk
Driveway Approach for Residential Driveways
Sodding of Side Slopes
Concrete Sidewalk
Concrete Sidewalk Adjacent to Curb and Gutter
Cast Iron, Square Frame Catchbasin Grate
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11.
1==11-'"
'<
CATCH BASIN
I
...~ l-f-1 ~
, I
115
,.
.~.
-~.
-,-
,',
100mm PERfORATED ....-
SUBllRAlN
'.
L
.~."
..
;;;
m
. .. ~;'-.:' ~ ;,;:...,', ._;..~, '.
.
200mm SOUO
WALL PVC PIPE
.
4-~
.".'
'~-..
,
-:-:
.
.'
150
--..~
75mm OF 19mm CRUSHER RUN
UWESTONE (COIAPACTED>
SECTION 8-8
-". . -~
.!:2.!.... ..;!_:~.!-:,:;:;:!
SECTION A-A
B
. .
A
A
NOTES
1 All precast components to be from approved suppliers.
2 Compacted sand backfill within 0.3m of catch basin.
3 Refer to C-109 and C-305 for additional details.
4 Invert of sub-drain and the obvert of catch basin lead are to be level.
5 Uft holes to be completley filled with mortar before backfilling.
B
PLAN
All dlmen-'ON are In mUllmetrea unl... otherwl.. not.d.
_NO.
-"""
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Services De artment
SINGLE CATCH BASIN
....
__ 2004
C-104
cotAPACTED 19 mm CRUSHER
RUN l.JMESlONE i8X SPO
.
CQt,fPN:TED SNW
9ax SPO
...
"4.
" .......-
~.: ....... '..-
04"'... .
. '4...
. _"'-4. ~....
. -.-..-.
. -." :....
-,,, "
._~.... -...-..
. ..,..... ..-....... ... . .. ~'. -, .."
'4- . ""_ _ ~J1~: ....'... -4" ~o~ "" ....
. . . ~. ..;:.., : ,"
,,-,~... ..'-.. '.'4.": .- .-.. " '. .... ...
CLASS B BEDDING
BEDDING AND CLEARANCE
INSIDE PIPE ow.oE1ER
UP TO 900
1050 AND lMGER
d(.-.)
100
'50
. (....)
300
500
All dlmen"OftII CIA In mHOmetru un.... otherwl.. noted.
Clarin n
....
-. 2004
STORM SEWER TRENCH BEDDING
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d
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Services De artment
...........
........ ....
C-l08
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MANUFAC1UREO SANOED p .V.c.
SUM (WA1ERllGIlI)
SOlID W;.u. P.V.G.
CATCH BASIN lEAD
(S.D.R. 35)
300mm SAND COlIER CONPAClEIJ
TO _ Sl'O
.'
STORM
SEWER
~. .:.,
o.
'.
.." .....
CATCH
BASIN
.j".". ",
19mm CRUSHER RUN UWESTOHE TO
TOP OF P1PE. COMPACTED 10 98% SPO
., .
~-'
NOTES
1 Pipe to enter catch basin at right angle
2 250mm dia. lead for double catch basin.
.3 200mm dia, lead for single catch basin.
All dlmenalon. ore In mllllmetrft unl... othtN'Wfte noted.
Clarin n
Serrices De ~ent
-""-
-...
P.V.C. STREET CATCH BASIN
CONNECTION
{;.?:-:?':.; ,
:;:~~i~:.~
';'::-;~:.'
:E~~
':~"'.
A".;'"
. ~~.
~7.t:
:":~:'"
;'\.:-"':
, ..
..
C-109
17
25
ORNEW'AY UU'J'l:~
.
~
.. '~..-.
.' . "-:~:"> ""
". . ..j
.' ..' ..... ..'
. -: ""0 \
... ~
...., .-,
.' ..
.... ."
-. ... .... ..
.. .......
;
.~.. ..'
SlOCWAlJ( UDGE
-'-. .
..
--, ;.
"
" .
(SEE NOTE .
STANDARD CURB AND GUTTER
R-
IlflMWAY DEPRESSlOtl
. "
...... ..
.'... -..,.......-:-.-.
. .
ASPHAlr
'..'-.
._.-,. .
'.. ,-
~ -' ...... -'.:
,. ."
6: ..
..~ ...~~ .."
.... --. ....
.. .....
.."
..
..- ,...
'.~..-..
..-.. ". .....
.>:.
BARRIER CURB
NOTES
1 Concrete shall confarm to OPSS specificatians (30MPa. 7% :!: 1.5% air).
2 Contraction joints every 3.0m (maximum). Saw-cuts to be 25% af tatal depth.
3 Curing compound is to be sprayed on within one hour of finishing.
4 Additional width required where curb is adjacent to sidewalk.
All dlmenalona a,.. In mlIRl'M'trM unl... otherw1.. not...
Services De artment
_NO.
-"""
n
-
STANDARD CURB AND GUTTER
C-302
--
__ 2004
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t.WCINUM SPACING OF 30m BETWEEN EXPAHStON ~
JOINTS AND WHERE smEWAU< A8UTS NlY IOOID
S1RUCI\JIlE
- -
bUNE
1-5
~I
1.8
CONCRET<
lNFlU.
CON1RACl1ON JOIHlS (rIP.)
1.5
...
z
:J
0.75
""
~
..
o
'"
..
.
'".4_."
. .
. .
:... :". ~.:. . "." ~
..
..
.
-.:.,: .
. .....
~
JOmm
150mm AT OfWEWAYS
COWPACTEO NATIVE MATERW.
(SEE t<<mS 1 "'" 2)
MQIES
1 Use 100mm compacted granular 'A' if native material is deemed unacceptable by the Municipality.
2 Subgrade material to be well compacted. then dampened immediately prior ta pouring sidewalk.
3 Cancrete shall conform ta OPSS specifications (30MPa, 7% :!: 1.5% air).
4 Curing compound to be sprayed on sidewalk within 1 hour of finishing.
5 Expansion joints to be be placed full depth of sidewalk.
6 Contraction joints ta be 25% of full depth of sidewalk.
7 Surface of sidewalk to have a broom finish.
All dInMMIone a.... In rMtra un.... otherwl.. noted.
Services De artment
_NO.
---
n
STANDARD CONCRETE SIDEWALK
C-307
__ 2004
R{fIR TO N'I'fl<MD
HOUSE smNG PlAN
(...... ".Om)
Ar.Jm I/ERlICAl rAPER
Lj 1.Om _ PROPERTY ~
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'"
,.;
Z
:i
SlflfET _UNE
lMT OF
APPRCW:H PAYING
_2'< 10 8l<
C()NCRElE SI)EWIV<
. ~ -4 .,4
..... 50mm HL3 ~T
...... 150mm CRANUlAR -A- OR
CRUSHER ..... UllESIllNE(ClllM'N:TID)
ClllM'N:TID SUIlGIWJE
SIDEWALK SIDE OF STREET
~;. ;;...'
:i.:.;>:':~ c;"".....;..~>"':':-.;;::~=: ;:.:~a _:~::..:..::.,;,,).~:-:'~~~:i-:";._~ :~'~S"2i';~::;" ~:'\~~~
WIN. 1SOmm GRANlI..AA -A- OR
CRUSHER RIJN UIAESTONE(COWPN:TID)
ClllM'N:TID SUIlGIWJE
NON SIDEWALK SIDE OF STREET
All dlnMnalon. are In mHllmetrn unlea otherwt.. noted.
Clarington
-
-. 1004
DRIVEWAY APPROACH FOR
RESIDENTIAL DRIVEWAYS
SlflfET
UNE
SlflfET
UNE
Sernces De ~ent
-....
--
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C-309
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N I I
g& I I
I > I
:;:.Q .. I
0.. a:: i
>~ I
..c I
\\ -0
"-10 ~ I 0
~~ ~
I e ~ 0 I .
"'-0 ()) C CO
.00 0 I
~o -
<Jlc 0 C\l
c I
0 ())
I \ ()) I I
0
\ '" I CJ)
- ! a-
I 0
I, 0 0
. ,
I C)
z en
I ~ LaJ
a:: Q.
. . 0 0
I. 0 -I
a:: en
., <(
.'" 0 LaJ
I z 0
~
-
II) en
I -l l.L.
<(
u 0
z
I ~ \ > (,!)
..
" \ 0 Z
i~
~ " a:: -
~~ Q.. 0
,,~ c
" 0
I ~.. ~
.. 0 0
"'" .<: 0
"'''' ..
..~ a:: en
-... \ .. ~
" - II>
I t\1"i. , \ '3
~~ ~ Z
..
'" \\ .<: 0
~- -
,,- 0
~~ ..
[- -> , - . II>
",'- " "'.!!!
.~~ ..... 0 c
.. "
...'" ~
"t 0 II>
;;;" '"
I -0 ~
.. -
- '"
o E
c ._
"'=
"U; "E
I OJ
-0 C
o ..
.\ - ~
0
\ C ..
I , o c
\ :;: 0
0'-
<.> II>
._ C
- ..
\ .. ~ E
I (/)0:0
w~_
I-~<i
0
\ Z<ClIl
I \
r
I
Varies
1.5m
Nole 2
0.3m
m,n
Slope os specified
I
BOULEVARD
2108%
Slope 2104%
Concrete
sidewalk
21010%
-
I
. .:....
. '. A:' . ".
.........
f.
125mm R5
Note 1
'- Subgrade or granular
base as specified
I
TYPICAL SECTION
I
5--H-
~.~..
. a:.
5
. A..
;....... .
'.f.' ."
.~:]~~
c "
"'"
"~ "0
.c
>-- -
.4: 0
I
......
..,
.. '.-J!
.
. ~.-
BOULEVARD
Note 1
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Curb and gutter
DUMMY JOINT
511 0.25T
, ~ 0 '"
, ~ 0
. " "
c .
., . '4:. '" "
;-- 0
A: .f. ~. "E "
.. ..
.-J! >--
f " -
. . ~. f-.. 0
Expansion
joints
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Sidewalk boy
CONTRACTION JOINT
R5mm
Typ 5
Dummy
joints
Typ
I
. "'"
': ,<>\: ill
'.4 .......
-_.. .J.':.4 1-'0
~ ~ 12mm expansion
joint material
Contraction
joints. Typ
I
'. .t.
JOINT LAYOUT
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EXPANSION JOINT
NOTES:
1 Sidewalk thickness ot residential driveways
ond adjacent to curb sholl be 150mm.
At commerciol and industrial driveways,
the thickness sholl be 200mm.
2 Sidewalk width sholl be increased to
2.4m ot schools, bus stops. and other
high pedestrian oreos.
A This OPSD to be read in conjunction
with OPSD-310.030.
B All dimensions are in millimetres
unless otherwise shown.
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CONCRETE SIDEWALK
OPSD
310.010
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ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2005
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Finished road
surface
Expansion joint
material
1.5m
Note 2
, <1J.' -.
.f
.. ~
- 51002\04%
.~. .4' . . f'
~..
R5
.~. -",
.,
..
,.; .
'- "-' ~
. ,
R5
Concrete sidewalk
L Subgrode or granular
base as specified
Curb and gutter
os specified
51i
.~.~.
. ,..
5
TYPICAL SECTION
. ~ ..
;~. 0'
". '",'
.J:.]oo~
" ~
c "
'" "
.~ "qj
~
... -
. "", 0
......
..
DUMMY JOINT
511
0.25T
Expansion
joint material
.-4
,
",..-
.~ .
."<"
~::!
" 0
c ~
'" "
.~ "U
~ .-
... 00
" -
.... 0
Contraction
joint
. ~
;_.
" "''--.
..
"of_' '",
.-4
>.
v -,......"'"
CONTRACTION JOINT
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JOINT LAYOUT
EXPANSION JOINT
NOTES:
1 At commercial and industrial driveways,
the thickness shall be 200mm.
2 Sidewalk width shall be increased to:
1.8m on mojor rood ways
2Am at schools, bus stops, and other
high pedestrian areas.
A This OPSD to be read in conjunction
with OPSD-31 0_030.
B All dimensions are in millimetres
unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2005 Rev 1
~~ST P .
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ADJACENT TO CURB AND GUTTER
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~ LEGEND ""'"'''''''''''''
fI ~ txISTI'IG SANITARY SEWER
X~X-X-X--X_X_ ~ EXISTI'IGWATERMAd><
+ J - - -1 BF - ~ "',,,",...
([) _ _ _ _ _ EXISTING BURI(I) 00l CABlE
- - - - >-- - txlSTINGBURIEOClVCABlE
95
1 0 P,~RKING STALL
REMOVE A D SALVAGE
IRON FEN 18 AS REQUIRED
TO PLACE [NTRANCE.
REINST ATE AS DIRECTED BY
TH CONT ACT ADMINISTRATOR
LIMIT OF EXCAVATION
REMOVE, SALVAGE AND PLACE
PRECAST CURBS. AS DIRECTED
BY THE CONTRACT ADMINISTRATOR
PROP. CONC. CURB
AS PER. C-302 BARRIER CURB
I
r--
-r--
~rt:
rt:J
COo
.JO
<(
~
STRATHA VEN
L1FECARE CENTRE
I
! i
300mm GRAN lA'
50mm HL-8
40mm HL -3 SURFACE
MHO
94
93
EXISTlNG BURI(I)KYORO C!BLE
"'.~, . xc<.",'" I'I<O!'OSEO ORa' CURS
1\=== RE1lO\IEEXISTiNG
~
95
94
93
92 92
Clw:pn
STRATHAVEN L1FECARE
AND 280 KING ST. EAST
DRIVEWAY
IMPROVEMENTS
90
PROPOSED CL2006-52
ASPHALT
GRADE
STRATHAVEN L1FECARE
EXISTING ENTRANCE
ASPHALT
GRADE
ORAWN BY CHECKED BY PROJE CT N~
A o-SRIEN W McCRAE 12.29246
OESiGNtQ BY APPROVED BY DRAWING No
T Ma<ARTHUR W McCRAE 2
SCALE
CHAINAGE ~Rll15IJ
A.$PH
ENT
'~
ASf'H
J ARKiNG
KING STREET EAST
94
TYPICAL DRIVEWAY SECTION
N1S
LEGEND
CJ;ISTr.G BURIED HYlIRO CABlE
=#===#= REM<Jv'E EXISTING
'~'.~"'''''--'~ PROI'OSl:O DRC\' CURl!
ma REMOVE ~DEWAlJ(
NOTE:
EXISTING UTILITIES HAVE NOT BEEN LOCAl ED.
~
-14
~ TIH 51lDIVISIOOSmI
;~~~~
_ TEL 9Q~l7W11
engIneers flJ. 9iJ~J72.l611
architects E"'" cQbw'9@oI1"
pl.snnlHI _.\SIleo
Tot\el1 Sims Hoi<kl Assoa,res {I!197)lirlie<l
92
Clf1!#Jgton
90 90
STRA THA VEN L1FECARE
AND 280 KING ST. EAST
DRIVEWAY
IMPROVEMENTS
PROPOSED CL2006.S2
ROAD DP.lW1NGpROPOSED DRIVEWAY
GRADE RELOCATION AND
RECONFIGURA TION
280 KING STREET EAST
12.29246
APPROVED BY DRAWING NQ
I
~i SCALE
CHAINAGE HORZ 1500
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2006-52
DESIGN GUIDELINES AND ST ANDARD DRAWINGS
SECTION 900
INSPECTION/CONSTRUCTION
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SECTION 900 INSPECTION, MATERIALS AND CONSTRUCTION-36
1.0 GENERAL
1.01 These guidelines are to be used in conjunction with the conditions set out in the
Subdivision Agreement, in particular Schedule "I"-Duties of Owner's Engineer and
Schedule "L"-Regulations for Construction.
1.02 The Owner's Consulting Engineer shall provide full-time inspection and supervision of
all Works.
1.03 The Consulting Engineer shall take extensive preconstruction photos of surrounding
lands, and shall provide dated/described copies of such photographs to the Municipality.
1.04 Construction sites are to be maintained to prevent unnecessary ponding of water.
1.05 Prior to requesting the inspections (or re-inspections) from the Municipality, the
Consulting Engineer shall verifY the proper completion of the Works, and submit a
written request.
1.06 All equipment, materials and methods involved in trench backfill, filling, granulars,
concrete and asphalt shall be monitored and Certified as acceptable by the owner's
Geotechnical Engineer (see attached form). Unless noted otherwise, the term "compacted"
shall mean 95% Standard Proctor or higher (native materials) and 98% Standard Proctor or
higher (granular materials). Such certification shall be in a form acceptable to the Director
and shall include all supporting documentation and test results. Mix designs for concrete
and asphalt shall be obtained and approved by the Geotechnical Engineer. The
Geotechnical Engineer shall ensure that the type, frequency, location and results of all tests
is sufficient to ensure certification. Furthermore, the Geotechnical Engineer shall ensure all
results for a given stage of construction are acceptable prior to commencing the next stage
of construction.
2.0 STORM SEWERS
2.01 AIl materials shall be visually inspected by the Consulting Engineer upon delivery, to
ensure conformity with specifications and the approved engineering drawings, and to
ensure any damaged/substandard material is marked and removed from the site
immediately.
2.02 Installation of storm sewers shall be continually monitored for adherence to proper
bedding, pipe laying, backfilling and compaction procedures. AIl storm sewers,
catchbasins and manholes shall be constructed true to line and grade. Street catchbasins
are to be installed in precise alignment with curb lines, and no tolerances will be
permitted. Rear yard catchbasins shall be accurately surveyed and verified by the
Consulting Engineer for correct location prior to the issuance of a Certificate of
Completion. The precast tops of manholes and catchbasins shall be checked for excess
brickwork prior to roadbuilding.
INSPECTION, MATERIALS AND CONSTRUCTION-37
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2.03 Trench widths shall be kept at a minimum, while providing proper widths to enable
mechanical compaction. All trenching must adhere to Ministry of Labour requirements.
2.04 Manholes are to be backfilled with compacted sand, extending min. 1.0 m from the
outside face of the structure. (Catchbasins min. 300mm from the face of the structure).
2.05 House connections shall extend 1.5 m into the lots and be plugged with approved
removable plugs. Bedding shall be as per approved standard drawing. Tees shall be pre-
rnanufactured for pipes 450mm diameter and smaller, cored (on site) if 525mm diameter
or larger, and shall be secure and watertight. The invert of all tees shall be located above
the springline of the sewer main and shall be a minimum of 600mm from the nearest
adjacent tee or joint, unless approved otherwise.
2.06 Concrete pipes int%ut of manholes shall be concrete cradled precisely to the first joint
2.07 All storm sewers, including street and rear yard catchbasin leads (and individual service
laterals where directed), shall be inspected using approved high quality video recording
equipment and procedures. The inspection shall be carried out in a manner acceptable to
the Municipality and all video tapes shall be submitted to the Municipality for review and
permanent storage. Video re-inspections may also be requested.
2.08 Infiltration shall not be permitted into the storm sewer system. All leaks shall be
investigated to determine their source and shall be corrected to the satisfaction of the
Municipality.
2.09 Pipes which have failed in any manner, including cracking (O.3mm design loading cracks
excepted), exposed reinforcing or other defects, shall be removed and replaced to the
satisfaction of the Director. No repairs shall be undertaken without the consent and the
direct supervision of the Municipality.
3.0 BACKFILLING, GRADING AND GRANULAR ROAD BASE
3.01 Backfill containing organic or frozen material, or excessively moist material which
cannot support conventional compaction equipment, shall be deemed unsuitable and shall
not be used. The initial lift of native backfill shall not exceed 1.0 m in depth above the
compacted sand cover over the storm sewer and each additional lift shall be placed in
layers not exceeding 300mm loose measurement (unless pre-authorized by the
Geotechnical Engineer). Each lift shall be compacted until it has achieved the specified
density before any additional lifts are placed.
3.02 Backfilling operations shall follow pipe instlIllation as closely as possible and be limited
to 75 metres of open trench maximum.
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INSPECTION, MATERIALS AND CONSTRUCTION-38
3.03 The Geotechnical Engineer shall docwnent all tests, including failures and retests, in
sequential order, continuously throughout the project. A copy of all test results shall be
kept at the site trailer, in addition to providing daily plotting of all test results on the plan
and profile drawings.
3.04 The Consulting Engineer shall ensure that the subgrade is fine graded to the correct
width, and that the minimwn 3% crossfall is consistently maintained, with no
longitudinal ruts permitted. The Geotechnical Engineer shall employ appropriate testing
rneasures to assess the suitability of the subgrade, including proof-rolling, and shall make
appropriate recommendations to the Consulting Engineer and Municipality. Whenever
possible, localized soft areas in the subgrade shall be replaced with suitable native
material, not granular material. When additional granulars must be used, they should be
considered on a street by street basis. Subdrains must then be lowered accordingly, and
10: I frost tapers must be provided.
3.05 Subdrains shall be installed only after the subgrade has been proof-rolled and the road
structure has been finalized. Subdrains shall be installed true to line and grade, in a
trench condition, and shall be backfilled with approved granular material having
aggregates not exceeding 19mm. All subdrains shall be supplied with a filter sock.
3.06 The Geotechnical Engineer shall confirm (in a form acceptable to the Municipality) the
acceptability of each stage of roadbuilding prior to subsequent stages commencing.
Subsequent stages of road construction shall not proceed without approval from
Municipal staff.
3.07 After base curbs are installed, all Granular B must be regraded and verified by Municipal
staff prior to placing Granular A. (Any Granular A placed prior to base curbs shall be
considered Granular B).
3.08 Granular material shall be tested in accordance with the latest O.P.S.S. specifications.
Material shall be tested at the pit and also as it arrives on site. Material not conforming to
the specifications shall be rejected and removed from site.
4.0 CONCRETE WORKS
4.01 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be
monitored and all applicable tests (compressive strength, slump, air entrainment, etc.)
shall be carried out by the Geotechnical Engineer as specified in accordance with the
applicable OPSS and ASTM specifications. Any material not meeting specifications
shall be rejected immediately.
4.02 All concrete to be placed as per the Municipality's Standard Drawings. Contraction joints
shall be in accordance with the Municipality's standard drawings and shall be completed
as early as practical and before any initial cracking occurs. Large cracks or several
INSPECTION, MATERIALS AND CONSTRUCTION-39
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smaller cracks between contraction joints in curbs will require removal and replacement
of that section of curb. Sidewalks with distinct cracks will also require replacement.
4.03 Curing compound shall be generously applied to all exposed concrete surfaces, regardless
of ambient temperatures or season, between I and 2 hours of finishing.
4.04 All curbs to be placed using approved curb machines. Excess concrete formed during
curb machine placement shall be promptly trimmed and removed prior to setting. The
minimum length of curb to be removed and replaced shall be 1.5 m. No concrete patch
repairs shall be permitted.
4.05 Prior to placement of top curb, base curb shall be cleaned and then inspected by
Municipal staff. Base curb and stirrups shall be repaired and/or replaced as directed.
4.06 The depth of top curb at the edge of pavement shall not be less than 100mm and shall be
continually verified by the Consulting Engineer.
4.07 lmmediately prior to the placement of top curb or sidewalk, the existing surface shall be
dampened with water to prevent leaching of moisture from the fresh concrete.
4.08 Driveways to be as per approved house siting plans, with minimum widths of 4.6m for
single detached homes.
5.0 ASPHALT PA YEMENT
5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in
accordance with OPSS 310, 1003 and 1150 (latest revisions thereof).
Marshall/extraction/density tests shall be carried out by the Geotechnical Engineer in
accordance with OPSS and relating to the approved mix design. Note: Provincial and
Municipal projects differ with respect to contract administration, paving project sizes,
Quality Control/Quality Assurance procedures and testing frequencies. As such, several
OPSS specifications are not appropriate for Municipal use and shall not apply, as
determined in the sole discretion of the Director.
Since current testing methods do not enable ongoing monitoring (and therefore corrective
action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure,
through their own Quality Control methods, that their product meets the basic standards
with no exceptions for 'borderline' test results permitted. Any reference to 'borderline'
or to taking 'immediate corrective action' based on notification of laboratory test results
shall be deleted and the product deemed unacceptable. Ie. OPSS D31O.08.04.02 which
permits air voids beyond acceptable limits, provided the contractor takes 'immediate
corrective action' shall not apply. Unacceptable work shall be immediately removed.
Financial compensation using MTO formulas (to offset service life reduction in
borderline work) may be considered, at the sole discretion of the Director, provided such
amount is calculated by the Consulting Engineer, and all parties are in agreement.
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INSPECTION, MATERIALS AND CONSTRUCTION-40
5.02 Prior to placing surface asphalt, base asphalt shall be swept clean of all dirt, debris and
dust. Areas of base asphalt shall be removed and replaced as directed, using a vertical
sawcut at all perimeters. The use of a Geo-Grid or approved equivalent may also be
directed by the Municipality. Low areas shall be padded to ensure a surface mat of
uniform thickness.
5.03 Each manhole is to be precisely raised to final grade, and verified by the Developer's
Consulting Engineer and Municipal staff.
5.04 Tack coat shall be applied just prior to surface paving operations and shall be allowed to
dry until it is in a proper condition of tackiness. The length of roadway prepared shall be
limited to the immediate paving section, to reduce tracking. It shall be evenly applied at
the rate of 0.4 litres/sq. m taking care not to spray curbs, sidewalks or any other adjacent
surfaces.
5.05 Driveway paving shall be fully inspected and verified for depths of stone and asphalt, and
the compaction thereof, and ensuring that asphalt is at a sufficient temperature for
placement. HL3A (HL3F) will not be permitted, except in special Cases with the
approval of the Director. Crowning or rounding of the limestone will not be permitted.
Materials testing may be required for driveway apron gravel and asphalt, as directed.
6.0 TOPSOIL, SODDING AND SEEDING
6.01 All areas requiring sod shall first be fine graded, inspected by the Consulting Engineer,
then prepared with 100mm of good quality topsoil. Topsoil and sodding shall meet the
requirements of OPSS 570 and 571, in addition to meeting any additional requirements
set out in these specifications. Boulevards shall have 2% positive drainage toward the
curb and shall be fully sodded, except in areas covered by driveway aprons or sidewalk.
6.02 All topsoil shall be free from native till or clay, roots, vegetation, weeds or debris, stones
and clods over 50mm in diameter. Imported topsoil, ifrequired, shall be fertile, loamy,
screened material of a quality acceptahle to the Director (containing approximately 4%
organic matter for clay loams and 2% minimum organic matter for sandy loarns with
acidity range of 6.0 PH). Topsoil infested by the seeds of noxious weeds will not be
acceptable.
6.03 All sod shall meet the requirements of Ontario Sod Grower's Association No. I Bluegrass
Fescue Nursery sod. The sod shall be taken from good loamy soil and shall be healthy,
well permeated with roots, have uniform texture and appearance and be free from weeds.
Sod must be laid within thirty-six (36) hours of being cut. Care must be taken during its
transportation and placement to prevent any drying out. Sod shall match flush with all
adjacent surfaces and shall have no open gaps, overlapping edges or uneven joints.
Where adjacent or fronting lands have already been sodded, care must be taken to ensure
INSPECTION, MATERIALS AND CONSTRUCTION-41
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drainage is maintained and a smooth transition is achieved. On slopes 3:1 and steeper,
sod shall be staked as required.
6.04 Laid sod shall be immediately rolled to produce an even surface and watering shall
commence immediately thereafter and shall continue on a regular basis until healthy roots
are well established and permanent. If sod fails to establish immediately, it shall be
removed and replaced. No attempt shall be made to try to re-establish weak/dead sod
through continual watering, unless specific pennission is granted by the Director. The
entire work shall be done in a thoroughly workmanlike manner with an even surface, and
professional in appearance. Any sod deemed unfit by the Director shall be immediately
removed from site and replaced. In this regard, it is in the best interest of the contractor
to communicate with residents regarding the needs of newly laid sod over the first year.
6.05 Where approved by the Municipality, hydraulic seeding and mulching may be perfonned
provided that it conforms to the Ontario Provincial Standard Specification No. 572.
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r
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2006-52
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
SEPTEMBER 1999
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GENERALCONDmONS OF CONTRACT
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 CompIetion..................................................................................................... .......... 6
GC 1.07 Final Acceptance ..................................................................................................... 6
GC 1.08 Interpretation of Certain Words ............................................................................... 6
SECTION GC 2.0. CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Order of Precedence ............................................................................................... 7
SECTION GC 3.0- ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority ........................................................................... 8
GC 3.02 Working Drawings ................................................................................................;.. 9
GC 3.03 Right of the Contract AdmiIMc4ur to Modify Methods and Equipment ................. 9
GC 3.04 Emergency Situations............................................................................................ 10
GC 3.05 Layout.................................................................................................................... 10
GC 3.06 Working Area......................................................................................................... 10
GC 3.07 Extension of Contract Tme................................,.................................................. 10
GC 3.08 DeIays........................................................_...........................................................11
GC 3.09 Assignment of Contract ......................................................................................... 11
GC 3.10 Subcontracling by the Contractor.......................................................................... 11
GC 3.11 Changes ................................................................................................................12
GC 3.11.01 Changes in the Work............................................................................................. 12
GC 3.11.02 Extra Work.............................................................................................................12
OPS o.n..I Coo..... ofConncl.~ ,8lI8
T.....of~.l
GC 3.11.03 Additional Work ..................................................................................................... 12
GC 3.12 Notices................................................................................................................... 12
GC 3.13 Use and Occupancy of the Walk Prior to Substantial Perfonnance ..................... 13
GC 3.14 Claims. Negotiations. Mediation............................................................................ 13
GC 3.14.01 Continuance of the Work....................................................................................... 13
GC 3.14.02 Record Keeping..................................................................................................... 13
GC 3.14.03 Claims Procedure..................................................................................................13
Gc. ,3.14.04 Negotiations..................... ......................................................................... ............. 14
GC 3.14.05 Mediation ............................................................................................................... 14
GC 3.14.06 Payment................................................................................................................. 14
GC 3.14.07 Righls of Bolh Parties............................................................................................ 15
GC 3.15 Engineering Arbitration ........................................................................................... 15
GC 3.15.01 Conditions for Engineering Arbitration................................................................... 15
GC 3.15.02 Arbitration Procedure............................................................................................. 15
GC 3.15.03 Appointment of Arbitrator....................................................................................... 15
GC 3.15.04 Cosls...................................................................................................................... 16
GC 3.15.05 The Dedsion.......................................................................................................... 16
GC 3.16 Archaeological Finds ............................................................................................. 16
SECTION GC 4.0 - OWNER'S RESPONSIBIUTlES AND RIGHTS
GC 4.01 Working Area......................................................................................................... 17
GC 4.02 Approvals and Permits .......................................................................................... 17
GC 4.03 Management and Disposition of Materials ............................................................ 17
GC 4.04 Construction Affecting Railw8y Property .............:..............................................:.. 18
GC 4.05 Default by the Contractor....................................................................................... 18
GC 4.06 Notification of Default ............................................................................................ 18
GC 4.07 Contractor's Right to Correct a Oefault.................................................................. 18
GC 4.08 Owner's Right to Correct Default........................................................................... 18
GC 4.09 Tannination of Contractor's Right to Continue the Work....................................... 18
T_oIeor-.-1I
OPSo...Ic....,. ..oI~_S.~h.'.....lll",
.1
.-.1
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GC 4.10
GC4.11
GC4.12
GC 4.13
Fmal Payment to Contraclllr..................................................................................19
T ennination 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
Quality of Material..................................................................................... ............. 20
Rejected Material................................................................................................... 20
Substitutions .......................................................................................................... 20
Owner supprled 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 6.03.05.04
GC 6.03.06
GC 6.03.07
GC 6.04
P"Jtbction of Work, Persons and Property ............................................................ 23
Indemnification ...................................................................................................... 23
Contractor's Insurance............................................................................... ............ 24
General.................................................................................................................. 24
General Liability Insurance .................................................................................... 24
AutomObile Liability Insurance............................................................................... 24
Aircraft and Watercraft liability Insurance............................................................. 25
Property and BoUer Insurance...............................................................................25
Property Insurance ...................... .......................................................... ................ 25
Boiler Insurance......... .................. ............ ...................................................... ........ 25
Use and Occupancy of the WOIlt Prior to CompIelion........................................... 25
Payment for Loss or Damage..............................~................................................. 26
eu.,bectol's Equipment Insurance ........................................................................ 26
Insurance Requirements and Duration.............................................................,.... 26
Bonding..................................................................................................................27
SECTION GC 7.0. CONTRACTOR'S RESPONSIBUTlES AND CONTROL OF THE WORK
GC 7.01
General..................................................................................................................28
T_ _ CoftlonlS . Ii
OPS _CoI_._COnldCl- 8....._'.
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
GC 7.15
Layout.................................................................................................................... 29
Damage by Vehicles or Other Equipment............................................................. 30
Excess Loading of Motor Vehicles ........................................................................30
Condition of the Working Area............................................................................... 30
Maintaining Roadways and Oetours...................................................................... 30
Access to Properties Adjoining the Wort and Interruption of Utility Services ....... 31
Approvals and Pennils ..........................................................................................31
Suspension of Work .............................................................................................. 32
ContracI:or's Right to Stop the Work or Tenninate the Contract............................ 32
Notices by the Contractor .................:..................................................................., 32
Obslructions............................................................................... ............................ 33
Limilations 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
Measurement.............................,........................................................................... 35
Quantities............................................................................................... ................ 35
Variations in Tender Quantities ............................................................................. 35
Paymenl................................................................................................................ 35
Price for Work............. ....................................... ........................ ............................ 35
Advance Payments for MateriaL.....................................................f......................36
Certilication and Payment.....................................................................................36
Progress Payment Certificate................................................... ............ ................. 36
Certification of Subconllacl Completion .............:.................................................. 37
SubcontIact Statutory Holdback Release CllItificate and Payment...................... 37
Certification of Substantial Performance............................................................... 37
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates ............................................................... 38
Certification of Completion .................................................................................... 38
Comp/etion Payment and Completion Statutory Holdback Release
Payment Certificates .............................................................................................39
Interest.......................................................................................... .................. ....... 39
Interest for Late Payment...................................................................................... 39
Interest for Negotiations and Claims ..................................................................... 40
Owner's Sel.olf .................. ........ ........................................ ...... ................... .......... 40
Tobie at ConIonla - Iv
OPI Gene.- co........ at ConIIac:I. S.pll...... ,8lI9
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GC 8.02.03.12 Delay in Payment ............m................................................................................... 40
GC 8.02.04 Payment on a TlITle and Material Basis................................................................. 40
GC 8.02.04.01 DefiniliDns..............................................................................................................40
GC 8.02.04.02 Daily Work Records.........................................................................................m". 41
GC 8.02.04.03 Payment for Work...........m..............................................................................m... 41
GC 8.02.04.04 Payment for Labour......m...................................................................................... 42
GC 8.02.04.05 Payment for Material ............................................................................................. 42
GC 8.02.04.06 Payment for Equipment.........................................................................................42
GC 8.02.04.06.01 Working Tme ........................................................................................................42
GC 8.02.04.06.02 Standby TlIl1e ........................................................................................................42
GC 8.02.04.07 Payment for Hand TooIs..............................4........................................................ 43
GC 8.02.04.08 Payment for Work by SubcontraclDrs...-....-........................................................... 43
GC 8.02.04.09 Submission of Invoices..........................................................................................43
GC 8.02.05
Final Acceptance Certif.cate.................................................................................. 43
GC 8.02.06
GC 8.02.07
GC 8.02.08
GC 8.02.09
Payment of Workers .............................................................................................. 44
Records .................................................................................................................44
Taxes and Duties................................................................................................... 44
. Liquidated Damages....................................................,......................................... 45
OPS Gene<aI eo._.. of CanlIacI- ~ 1M
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GC 1.01
Ontario Provincial Standards
for
Roads and Public Works
September 1999
GENERAL CONOmONS OF CONTRACT
SECnoNGC1~.~RETAnON
Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience .
and for ease of reference only and in no way define. limit or enlarge the scope or meaning of the
General Conlfllions 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"
"AWcr
"AWWA"
"CESA"
"COOB"
"eSA"
"CWB"
"GC"
"MOE"
"MTC"
"MTO"
"MUTCD"
oOPS"
-"OPSO"
"OPSS"
"PEO"
"SAE"
"SSPC"
"UL"
"ULC"
GC 1.03
-American Association of State Highway Transportation Officials
- American National Standards Institute
_ American Society for Testing and Materials
- American Wire Gauge
- Amelican Water Works Association
Canadian Engineering Standards Association
- Canadian General Standards Board
- Canadian Standards Association
- Canadian Welding Bureau
- General Conditions
- Ministry of the Environment (Ontario)
MinistJy of Transportation (Ontario)
- MinistJy of Transportation (Ontario)
Manual of Uniform Traffic ConlroI Devices. pubflShed by MTO
- Ontario Provincial Standard
- Ontario Provincial Standard Drawing
- Ontario Provincial Standard s..e<;ilication
- Professional Engineers Ontario
- Society of Automotive EngineelS
- S1r\IClUraI Steel Painting Council
UnderwriterS Laboratories
UndeIwriters Laboratories Canada
Gender and Singular References
.01 References to the masculine or singular throIJghout the Contract Documents shall be considered to
include the feminine and the plural and vice versa as the context requires.
GC 1.04
Definitions
.01 For the purposes of this Contract the fOIoINing definitions apply:
Actual Measurement: IM8IlS the field measurement of that quantity within the approved limits of the
Work.
OPSGenonIeo.lIIII,..d~-~l-
Page 1
Additional Work: means work not provided for in the Contract and not considered by the Contract
AdministratDr to be essential to the satisfactory completion of the Contract within lis intended scope.
Base: means a layer of material of specified type and thickness p/aced immediately below the pavement,
driving surface. finished grade. curb and gutter. or sidewalk.
CertIficate of Subcontract Completion: means the certific;ate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02. Certification of Subcontract Completion.
Certificate of Substantial Perfonnance: means the certific;ate issued by the Contract Administrator at
Substantial Performance.
Change DIrective: means any written instruction signed by the Owner. or by the Contract Administrator
where~so authorized. directing that a Change in the Work or Extra Work be perfonned.
~.ir.:
Change in the Work: means the deletion. extension. increase. decrease or alteration of lines. grades.
cfllllensions. quantities. methods, drawings. substantial changes in geotechnical. subsurface, surface or
other conditions. changes in the character of the Work to be done or materials of the Work or part thereof.
. within\the intended scope of the Contract.
Change Order: means a written amendment to the Contract signed by the Contractor and the OWner, or
the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra
Work, Additional Work and changed subsurface conditions. and establishing the basis for payment and the
time allowed for the a<fjUStment of the Contract rme.
Completion Certlf'lC8te: means the certifiGate issued by the Contract AdministratDr at completion.
Constructor: means, for the purposes of. and within the meaning of the 0ccupati0naJ Health and Safety
Act. R.S.O. 1990. c.O.1. as amended and amendments thereto. the Contractor who executes the Contract.
Contract: means the under1aking by the Owner and the Contractor to perform \heir respective duties.
responSIbilities and obligations as prescribed in the Contract Documents.
Contract Administrator: means the person. partnership or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract.
Contract Documents: mean the executed Agreement between the Owner and the Contractor. the
Tender, the General Conditions of Contract, the Supplemen1al General Concfrtions of Contract, Standard
Specifications, Special Provisions, Contract Drawings. addenda incorporated in a Contract Document
before the execution of the Agreement, such other documents as may be listed in the Agreement and
subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement
Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any
SUbsurface Report and other reports and information provided by the Owner for the Work, and without
limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel
schedules. aggregate sources lists. Quantity Sheets. cross sections and standard drawings.
Contract TIme: means the lime stipulated in the Contract Documents for Substantial Performance of the
Work, including any extension of Contract nTle made pursuant to the Contract Documents.
Co..b ...hn~ means the person. partnership or corporation underlaking the Work as identified in the
Agreement
Controlling Operation: means any COI/lpOoIellt of the Work, which. if delayed. will delay the completion of
the Work.
"'2
OPSGennI eo.........d~- ...._1"'
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Cost Plus: See"T1IIlEl and MaIeriaf'.
CUt.()ff Date: means the date up to which payment win be made for work performed.
Dally Work 'Records: mean daily Records detailing the number and categories of workers and hours
worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and
desaiption 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 aI machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normaDy referred to as construction machinery andequipmenl
EstImate: means a calcUlatiOn ofthequantityor~-of,theWork<<i*tofit'~ingon the context
Extra Work: means work not provided for in the Contract as' awarded but considered, by the Contract
Administrator to be essential to the'satisfactory completion of the Contract within its' intended scope,
including unanticipated work required to comply with legislation and regulations which affect the Work.
Final Acceptance CertifIcate: means the certificate issUed by the Contract Administrator at F'1n81
Acceptance of the Work.
Final DetaIled Statement means a complete evaluation prepared by the Contract Admolilobalor showing
the quantities, unit prices and final dollar amounts of all items of work completed under the Contract,
including variations in tender items and Extra Work, an as set out in the same general form as the monthly
estimates.
Force Account: See"T1IIlEl and Material".
Geotechnical Report: means a report or other information identifying soil. rock and ground water
- conditions'in the area of any proposed excavation or fiU.
Gracie: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or implements of.the trade and include small
power tools.
Highway: means a common and publ'lC highway any part of which is intended for or used by the general
pubflC for the passage of vehicles and includes the area between the lateral properly lines thereof.
Lump Sum Item: means a tender 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: although a quantity may be given
in the Contract Documents.
Major Item: means any tender item that has a value, calallated on the basis of its actual or estimated
tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than
the lesser of.
a) $100,000. or
b) 5% of the total tender value calallated on the basis of the total of al the estimated tender
quanlilies and the tender unit prices.
Material: means material. machinery, equipment and fixtures forming part of the Work.
OPS~COl1i11lD'."'~.~'-'-
P8ge 3
Owner: means the party to the Contract for whom the Work is being perfoI med. as identified in the
Agreement, and includes. with the same meaning and import. "Authority"_
Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic
concrete. hydraulic cement concrete - PorUand cement COIIClete. or plant or road mixed mulch.
Perfonnance Bond: means the type of security fumishecl to the Owner to guarantee completion of the
Work in accorcIance with the Contract and to the extent provicIecI 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 quanlilies of Work to be clone.
Rate.c:lf Interest means the rate determined by the Minister of Finance of Ontario and issued by, and
availallle from. the Owner.
.~."'-~'"
Records: mean any books. payrolls, accounts or other information which relate to the Work or any
Change in the Work or cIains arising therefrom.
Roadway: means that part of the Highway designed or intencIecI for use by vehicular traffic and includes
the ShoufcIers.
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the ditch or fill slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipuIatecI by the Owner. for
perfonnance of the Work.
Subbase: means a layer of material of specified type and thickness between the SUbgrade and the Base.
Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the
Work by virtue of an agreement with the Contractor.
..."".
SUbgrade: means the earth or rock surface. whether in cut or fill, as prepared to support the Base.
Subbase and Pavement
~"
SUbsurt8ce Report: means a report or other information identifying the location of utilities. concealed and
adjacent structures and physical obstructions which fall within the inlluence of the Work.
Superintendent: means the Contractor's authorized represenlative in responsible charge of the Work.
Surety: means the person. partnership or corporation, other than the Contractor, ficensecl in Ontario to
transact business under the tflSUf8llCe Act, R.S.O. 1990, c.l.8. as amenclecl, executing a bond provided by
the Contractor.
Tender:. means an offer in writing from the Contractor, submillecl in the fonnat prescribed by the OWner.
ID complete the Work.
Time and Material: means costs calculated accorcIing ID clause GC 8.02.04, Payment on a Tme and
Material Basis. Where "Cost PkIs" and "Faroe Account" .. UHd they lhal have the same meaning.
"-4
0P8 0....1 <:04........ d C-.ct. SI~11 mber 18119
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Utility: means an aboveground or underground facility maintained by a municipally, public utility authority
or regulated authority and includes services such as sanitary sewer, stann sewer, water, eleclric. gas, oU,
steam. dala transmission, telephone and cable television.
Warranty Period: means the period of 12 months from the date of Substahtial Performance or such
longer period as may be specified for certain Materials or some or aU of the Work. Where a date of
Substantial Performance is not established, the Warranty Period shall commence on the date of
Completion.
Work: means \he Iota! construction and related services required by the Contract Documents.
Worldng Area: means aU the lands and easements owned or acquired by the Owner for \he construction
of the Work.
WorIdng Day: means any Day,
a) except Saturdays. SUndays and statutory holidays;
. b) "". except a'Day asdetl!niiiilecUI)'lhe ContrilCrAdmheil;bctlur;-o'l'whlch'1hecColllradDrisprevented by
. inclement wealheror conditions resuJting immediateIy1herefrom.'from p1oceeding-with'a.ControlIing
Operation. For the purposes of this definilion, this wiD be a DayduringwhiClr the Contractor cannot
proceed with at least 60% of the nonnal labour and equipment force effectively engaged on the
Controlling Opelalion for at least 5 hours;
c) except a Day on which the Cu.fbador is prevented from proceeding with a C0ntr0lIing Operation. as
determined by the ConlJact Adminislrator by reason of.
t any breach of the Contract by the Owner or if such prevention is due 10 the Owner. another
contractor hired by \he Owner. or an emplOyee of anyone of them. or by anyone else acting on
behalf of the Owner.
ii. on-delivery of Owner-supplied materials.
iii. any cause beyond the reasonable control of the Contraclor which can be substantiated by \he
CoI,baclor 10 the satisfaction of the Contract Administrator.
Working Drawings: or Working Plans: . means any Drawings or Plans prepared by the ConlradDr for the
execution of the Work and may. without Hmiting the generaflty thereof. include faIsewoIk plans, Roadway
proteclion plans, shop drawings, shop plans or erection diagrams.
GC 1.05
Substantial Perfonnance
.01 The WOrt is subslanlially performed.
a) when the Work 10 be performed under the Contract or a substantial part'thereof is ready for use
or is being used for the purpose intended; and
b) when the WOrt 10 be performed under the Contractis"capable'of complelionor, where there Is a
known defect. the cost of corredion. 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 Contract. where the WOrt or a substantial part thereof is ready for use or is
being used for the purposes intended and the remainder of the Work cannot be completed
expeditiously for reasons beyond the control of the Co! ,b actor or. where the Owner and the
Contractor agree not 10 complete the Work expeditiously. the price of the services or materials
remaining 10 be supplied and required 10 complete the Work shall be deducted from the Contract
price in determining Substantial Performance.
OPS 0..- c:..._..aU:alll....-.............,1ll9
"-5
GC 1.0&
Completion
.01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correc:tion of a known defect or last supply is not
more thiln the lesser of,
a) 1 % of the Contract price; or
b) $1,000.
GC 1.07
final Acceptance
.01 Final Acceptance shaD be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time. the ContIactor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract.
GC 1.oa
Interpretation of Certain Words
.01.J:he words "acceptable", "approval", 'authorized", "considered necessary", 'directed", 'required",
. :~.;~satisfactDry", or words of like import, shall mean approval of, directed, required, considered
. - I1eceSSlIIy or authorized by and acceptable or salisfaGlu.)I to the Contract Administrator unless the
context clearly indicates otherwise.
.. ."..
P8g01l
OPS 0... Cao -'r 06I11Connc:t '1le!lI'_ll1lO
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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 Documents can be relied upon with
the following tirnilations or exceptions:
a) The location of all mainline underground utilities which WIll affect the Work will be shown to a
tolerance of:
i. 1 rn horizontal and
ii. 0.3 rn vertical
b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface
Report available for the perusal of the CUllbactor and excluded from the Contract Documents; and
c) Other information speclficaIIy excluded from this warranty-
GC 2.02
Order of PrecedenCe
.01 In the event of any inconsistency or conflict in the contents of the . folloWing .documents. such
documents shaD lake precedence and govern in the following order.
a) Agreement
b) Addenda
c) Special ProvisiOns
d) Contract Drawings
e) Standard SpecIfications
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) Working Drawings
Later dates shaD govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a .Drawing shall govern where they differ from dinensions. scaled
from the same drawing:
b) Drawings of larger scaJe shall govern over those of smaller scale:
c) DetaIed Drawings shall govern over general Drawings; and
d) Drawings of a later date shall govern over those of an earlier date in the same series.
.03 In the event of any conllict in the contents of Standard S~rll;dlions the following order of
precedence shan govern:
a) Ontario Provincial Standard Specifications: then
b) Other Standard Specifications, such as those produced by CSA. CGSB. ASTM and ANSI. and
referenced in the Onlario Provincial Standard Specifications.
.04 The Contract Documents are complement8Iy, and what is required by any one shan be as binding as
if required by all. "
OPSGelI8IIII ~.aI~.""- 1ll8l1
P8ge 7
GC 3.01
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
Contract Adminlstrato(s Authority
.01 The Contract Administrator will be the Ownel's represenlalive during construction and until the
issuance of the Comp/etion Certificalt: or the issuance of the Fml Acceplance Certificate whichever
is later. All instructions to the Conlractor including inslruclions from the Owner win be issued by the
Contract Administrator. The Contract Administrator wiD 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 maIters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documenls shall be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its confonnity with the plans and specifications,
aI:Jd to record the necnsary dala to establish payment quantities under the schedule of lender
qiianlilies and unit prices or to make an assessment of the value of the work completed in the case of
,~..,!ump sum price co..bcd.
-.5,>. . .
.04 ,The Contract Administrator wiD determine the amounts owing to the Co.ot.....tI.o under the Contract
and wi! issue cerlifiGate.. for payment in such amounts as provided for in Section GC 8.0,
Measurement and Payment
.05 The Contract Administrator wiD with reaSOilable promptness reviIlw and lake appropriate action upon
the Contractor's submissions such as shop drawings, product dala, and samples in 8CCOIdancli with
the Contract Documents.
.06 The Contract Administrator will investigate an alegations of a change in the character of the Work
made by the Conbac:tor and issue appropriate instructions.
.07 The Contract Administrator will prepare Change Directives and Change Orders.
.08 Upon written application by the Conlractor, the Contract Administrator and the Contractor will jointly
conduct an inspection of the Work to establish the date of Subslantial PeIfocmance of the Work
, and/or the date of Completion of the WoIk.
.09 The Contract Administrator will be, in the first instance, the in\erprelt:r of the Contract Documenls and
the judge of the performance thereunder by both parties to the Contract. Interprelations and
~ions 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 either party.
.10 The Contract Administrator wi! have the authority to reject part of the Work or Matenal which does
not conform to the Contract Documents.
.11 Defective work, whether the result of poor workmanship, use of defective material, or damage
through carelessness or other act or omission of the Contractor and'whether inCOlpOl.lt:d In the Work
or not, which has been rejected by the Contract Administrator as failing to conform to the Contract
Documents shan be removed promptly from the Work by the Contractor and replaced or nH!XeClJted
promptly in accordance with the Contract Documents at no additional cost to the Owner.
.12 Ally part of the Work destroyed or damaged by such reroovals, 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 c:orrect defective work or work not
performed in accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the ConlractoI the difference in value between the work as performed and that
called for by the Contract~.
....
OPS~CCll-'r lufConlnoct.lt rll......1ll19
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.14 Notwithstanding any inspeelions made by 1he COntIact Administrator or the issUanCe of any
certiIicaleS or 1he making of any payment by the Owner. 1he failure of 1he COntract Administnltor to
reject any defective worlt or Material shaH not constitule acceptance of defective worlt or MateriaL
.15 The COntIact Administrator will have the authority to tempOrarily suspend the Work for such
reasonable time as may be necessary to facilitate 1he cheCking of any portion of the Contractor's
construction layout or the inspeetion of any portion of 1he Work. There shall not be any extra
compensation for the suspension of work.
GC 3.02
Working Drawings
.01 TheContraclor shaH anange for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Documents.
.02 The Contractor shaH submit Working DrawingS to the Contract Administrator with reasonable
promptness and in orderly sequence so as tollotcauSe delaY in the Work. '-If~ the Contractor or
the Contract Admlnistralor so requests they shaBjoinUy prepare a schedule fixing the ,dates for
submission and retum of Working Drawings. Working Drawings shall be, submitted in printed form.
A! the time of submission the Contractor shall notify the Contract AdminislrlIlor in writing of any
deviations from the Contract requiremenlS that exist In the Working Drawings.
.03 The COntIact Administrator will review and return Working Drawings In accordance with an agreed
upon schedule. or otherwise. with reasonable plOII1ptness so as not to cause cIeIay.
.04 The Contract Admillis.1ratOr's review will be to cheCk forCOllfonnily to the- design concept and for
general anangement only and such review shall not relieve the eo.ltradDr of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requiremenls of the Contract
Documents unless a deviation on the Working Drawings has been approved In writing by the Contract
Adminislralor-
.05 The ContracIor shaH make any changes in Working Drawings which the COntIactAdmirMdtl.n. may
require consistent with the COntIact Documents and resubmit unless otherwise directed by the
Contract Admlnistralor. When resubmitlin9, the Conlrador shaH notify the COntIact Administrator In
writing of any revisions other than those requested by 1he'Contract Admh oilobcdllr.
.06 Work related to the Working Drawings shaH not proceed until the Working Drawings have been
signed and dated by 1he Contract Adminislrator and marked with the words "RevieWed. Pennission
to construct granted."
.07 The Contractor shaH keep one set of the ,revieWed working Drawings, rnarMdas above, at the site at
all times.
GC 3.03
Right of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shaH, when requested in writing, make alterations "n the method. Equipment or work '
force at any time the Contract AdministratDr considerS the CoIdractor's actions to be unsafe, or
damaging to either the work or exis1ing faciIilieS or the environment
.02 The eo.obactor shaBo when requested in writing, alter the sequence of its operations on the Contract
'so as to avoid inteIference with worlt being performed by others.
.03 Notwithstanding the foregoing, the CollbaclDr shall ensure that aH necesllB'Y safety precautionS and
protection are mainlained throughout the Work.
OPS GenIfII'Cu .....fI~. ""'-1.
PIge 9
GC 3.G4
Emergency SItuations
7,
.01 The Contract Adminislrator 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
ContraclDr to take action to remedy the situation. If the Conbactor does not take timely action. or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contractol's expense. If the emergency situation was not the fault of the Contractor. the Owner win
pay for the remedial work.
GC 3.os
Layout
- .
.01 The Contract Administrator wilt provide baseline and benchmark information for the general location.
.-~lignment and elevation of the WoIk. The Owner win be responsible only for the correc:tness of the
. .,~ provided by the Contract Administrator. .
--..
GC3.ll6
Working AIM
.. ;;I_c,
.01 The COntractor's sheds, site offices, toilets, other temporary structures and storage areas for material
and equipment shaD be grouped in a compact manner and maintained in a neat and orderly condition
atan limes.
.02 The Contractor shaD confine his construction operations to the Worldng Area. Should the CoIobc...tu..
require more space lhan that shown on the Contract Drawings, the Contractor shan obtain such
space at no additional cost to the Owner.
.03 The Contractor shall not enter upon or occupy any privat8 property for any purpose. unless the
ContraclDr has received prior written permission 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 Admklistrator as soon as the need for such extension becomes evident and at Jeast 15 Days
prior to the expiration of the Contract TIIlle. The appIicalion for an extension of Contract TIIlle shall
enumerate the reasons. and sJa\e the length of extension required.
.02 ,Circumstances suitable for consideration of an extension of Contract Time. include the following:
a) Delays; See subsection GC 3.08.
b) Changes in the Worlc; See clause GC 3.11.01.
c). Extra Work; See clause GC 3.11.02.
d) Additional Work; See clause GC 3.11.03.
.03 The Contract Administrator will, in considering an application for an extension to the Contract Time.
take Into account whether the delays, Changes in the Work. Extra Work or Additional Work involve a
Controlling Operation.
.04 The Contract Tune shaN be extended for such additional time as may be recommended by the
Contract Administrator and deemed fair and reasonable by the OWner.
.05 The tenns and conditions of /he Contract shall continue for such extension of Contract TIIlle.
"'10
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00 3.08
Delays
.01 If the Coolh~ is delayed in the performance of the Work by,
a) war, blockades, and civU commotionS, errors in the Contract Documents; an act or omission of the
Owner or Contract Administrator, or anyone employed or engaged by them direclly or indirectly,
contraly to the provisions of the Contract Documents;
b) a stop work order issued by a court or public authority, provided that such order was not issued as
the result of an act or omission of the ContracIOr or anyone employed or engaged by the
CoIro actor directly or indirectly;
c) the' Contract 'AdministralDr giving notice under slJbsecliorlOO 7.09; Suspension of Work;
d) abnormal inclement weather; or
- e) - arohaeologicallinds in accordance with subsection 00 3.16, Archaeological Finds,
then the ContractDrshaD be reimbursed by the Owner for reasonable costs incuned by the Contractor
as the result of such delay. provided that in the case of an application for an extension of Contract
Tn due to abnormal inclement weather;. 1/1e'Co.diactor'shalt, wil/1-1/1e-Contractor's.application,
submit evidence from Environment Canada in support of such 1IppIicalion. .-~- of Contract
Tme wiD be granted in accordance with subsection 003,07; Extension of,Contract Tme.
.02 If the Work is delayed by labour disputes. strikes or Iock-outs -Including Iock-outs decreed or
recommended toils members by a recognized contraclDl's ~I;ion, of which 'the Contractor is a
member or to Which the Contractor is otherwise bound - Which are beyond the. Coo,hacloi's contro~
then the Contract Tune shaD 'be' extendecf' in' accordance with' SlIbse<;tion 00, 3.07;Exlension of
Contract Tune. In no case shall the extension of Contract Tune be less than the time lost as the
result of the event causing the delay, unless a shorter extension-is agreed to by the CoId1actor; - The
Contractor shall not be entitled to payment for costs incurred as the result of,such delays unless such,
delays are the result of actions by the Owner.
GC 3.09
Assignment of Contnict
.01 The Coodiactor shall not assign the Contract. either in whole or in part, without the written consent of
the Owner.
GC 3.10
Subcontracting by the Contractor
. .01 The Cuodlacfol may subcontract any part of the Work; subject to these GeneralCondilions and any
Umltations specified in the Contract Documents.
.02 The CoId1actor shall notify the Contract Adrniuil;bdtur. inwriting:otthe I"tentionto subcorollact. Such
notification shall identify the part of the WOIk; and the Subcontractor with whom it is intended.
.03 The Contract Administralorwill, within 10 Deys of receipt of such notiflClltion,.accept or reject the
intended Subcontractor. The rejectiorrwlll be'in writing.and will includelhe reasons for the rejection.
.04 The Contractor shall not, without the written consent of the OWner, change a SULCOlitractor.who has
been engaged in accordanoe with subsection 00 3.10 SutX:Olitractihg by the Conlractor.
.05 The Contractor shall preServe and protect the rights of the parties under the Contract with respect to
that paltof the Work to be perfonned under subcontract and shall,
a) anter into agreements with the intended SUbco"bactors to require them to perfonn their work in
accordance with the Contract Documents; and
b) be as fully responsible to the Owner for acts and omissions of the Contractol's Subcontradllrs and
of fl6oliOllS directly or lndireclly employed by them as for acts and omissions of persons directly
employed by the Contractor.
OPS_eo._..oI~'S .110_'_
P8ge 11
.06 The OWner's consent to Slib......b....til1Q by the Conlraclor shall not be constnJed to relieve the
Contractor from any obrlglltion under the Contract and shall not impose any liability upon the Owner.
Nothing contained in the Contract Documents shafl create a COIlbeo.clual relationship between a
SUbcontractor and the Owner.
GC 3.11
GC 3.11.01
Changes
Changes In the Work
.01 The Owner, Of the Contract AdrninistJator where so authorized. may, by order in writing, make a
Change in the Work without invalidating the Contract. The COllbadl)( 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 Conlraetor shall proceed with the Change in the Work.
.00Jlle Contractor may apply for an extension of Contract Tane according to the terms of subsection GC
3:07, Extension of Contract Tille.
.03 If.the Changes in the Work relate solely to quantities, payment for that part of the Work will be made
'aCcording to the eonditions specified in clause GC 8.01.02, Variations in Tender QU8l'titieoo. If the
Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to
subsection GC 3.14, Claims, NegotiatIo.lS, Mediation or payment may be made according to the
conditions contained In clause GC 8.02.04, Payment on a Tille and Material Basis.
GC;J.11J12
Extra Work
.01 The Owner, or Contract Administrator where so authorized, may inslruct the Contractor to perform
Extra Work without invalidating the Contract The Contractor shall not be required to proceed with the
Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the
Contractor shall proceed with the Extra Work.
.02 The Conlraetor may apply for an extension of Contract Tane accordihg to the terms of subsection GC
3.07, Extension of Contract Tme.
.03 Payment for the Extra Work may be negotiated ptIlSU8nt 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 Tane and Materiat Basis.
GC U.1.ll3
Additional Work
.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work wilhout invarldating the Contract. If the Co.obadw agrees to perform Additional
Work, the Contractor shaH proceed with such Additional Work upon receipt of a Change Order.
.02 The CoI,boK.tu( may apply for an extension of Contract Time according to the terms of subsection GC
3.07, Extension of Contract Tme.
.03 Payment for the AddItional Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained In clause
GC 8.02.04, Payment on a Tille and Material Basis.
GC3.12
Notices
.01 Any notice pennllled or required to be given to the Contract Admirdl4lollbt. or the Superintendent in
respect of the Work shall be deemed to have been given to and received by the addressee on the
dale of delivery If deIivenld by hand or by facsimlle transmission and on the fifth Day after the dale of
mailing If sent by mal.
"'12
OPS 0... Coo ~r aa Of ConlNct. S.pl.mb., 1818
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.02 The Co..baclior and the OWner shall provide each other with the maifing addresses, telephone
numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the
commencement of the Work.
.03 In the event of an emergency situation or other urgent matter the Contract Administrator or the
Superintendent may give a verbaJ notice, provided that such notice is confinned in writing within 2
Days.
'.04 ,Any notice permitted or. requlred to be given to the Owner or the Contractor shaH be given in
. accordance with the notice provision of the Conlract
GC3.13
Use and Occupancy of the Work Prior to Substantial Performance
.01 . Where it is not contemplated elsewhere in.the Contract OocumenIsi the OWner may use or occupy
the Work or any part thereof prior to SubslaJ\tiaU'erformance; provided;thatat least 30 Days' written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part thereof by the OWnerpriorto SUbstantial Performance
shaH not constItule an acceptance of the Work or parts so occupied. In '-addition, the use or
occupancy of the Work shalnot reIieYe the Conbactor or the ColdJac:tor's SUrety from any liabHity
that has arisen, or may arise,'from the performance of the Work in accordance,with the Contract
Documents. The Owner wiD be responsible for any damage that occurs because of the Owner's use
or occupancy. Such use or 0CCl1pancy of any part of the Work. by the Owner does not waive the
Ownei's right to charge 'the Contractorliquidaled damages in accordancew1th the terms of the
Conlracl
GC3.14
GC 3.14.01
Claims. Negotiations, Mediation
Continuance of the Work
.01 Unless the Contract has been tenninated or completed, the Contractor shaD in every case, after
serving or receiving any notification. of a claim or dispute;velbal or wrilIen. continue to proceed with
the Work with due diligence and. expedition. It'is understood by the parties that such ,action will not
jeopardize any claim It may have. .
GC 3.14.112
Record Keeping
.01 Immediately upon commencing work which may result in a cIaIm,the Co..llacto. shaH keep Daily
Work Records during the course of the Work,. sufficient to substantiate the Conlractor's claim, and the
Contract Administrator will keep Daily WOrI(Recordsto'be used in'assessing1he Contractor's claim,
aU in accordance with clause GC 8.02.07. Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daily basis, to simpftfy review of the claim,. when submitted.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciting of such Daily
Work Records with those of the Contractor shaI not be construed to be acceptance of the claim.
GC 3.14.03
Claims Procedure
.01 The Contractor shall give velbal notice of any situation which may lead to a claim for additional
payment immediately upon becoming aware of the situation.
.02 The Col,lraclIoI shaH provide wrilIen notice in the standard foon "Notice of Intent to Claim" within 7
Days of the con.mencement of any part of the Work which may be an-acted by the situation.
OPS 0.-. ('V -. _afConlraCl.s.,Ao...... 111II
Page 13
.03 The ContracIor shail submit delailelf claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the WOI1t ..~ by the situation. The delailed claim shaD:
a) Identify the item or items in respect of which the claim arises;
b) state the grounds, contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the ec."li~ supporting such claim.
In exceptional cases the 30 Days may be increased to a maxinum of 90 Days with approval in writing
from th!! Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request
.05" Within 90 Days of receipt of the detailed claim, the Contract Administlator shall advise the Contractor,
in writing, of the Contract Administralol's opinion with regard to the Yalidlly of the claim.
"",
GC3ojf4.04 Negotiations
.,"!tw.
.01-The parties shaD make aU reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and
,documents to facilitalt: these negotlalioolS.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to
,any part of the claim, the Contract Administrator shall enter into negotialions with the Contractor to
resolve the matIeIS in dispute. Where a negotiated setIIemenl cannot be reached and it is agreed
that payment cannot be made on a Tme and Malerial basis in accordance with clause GC 8.02.04,
payment on a Time and Material Basis, the parties shaI proceed in accordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration.
GC 3..14.05
Mediation
.01 If a claim is nOt resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and
the Contractor wishes to pursue the issue further, the parties may, upon mutual agRlelTlent, utilize the
services of an independent third party mediator.
.02 The mediator shaD be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shal
,11Ill8.t with the parties together and separately, as necessary, to review aU aspects of the issue. In a
. fin81 attempt to assist the parties in resoMng the issue lhemseIves prior to proceeding to arbilralion
the mediator shall provide, without prejudice, a non-binding recommendation for settlement
.04 The review by the mediator shall be completed within 90 Days folbwing the opinion given in
paragraph GC 3.14.03.05.
.05 Each party is responsible for its own costs related to the use of the third party mediator process. The
cost of the third party mediatot shall be equally shared by the Owner and Contractor.
GC 3..14.tl6
payment
.01 Payment of the claim will be made no Ial8r than 30 Days after the dale of resoIulion of the claim or
dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and
Payment.
Pllge14
OPS~CGI-'ID.II elConnc:t.~ I.
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GC 3.14.07
RIghts of Both Parties
.01 It is agreed that no action taken under Utis subsection GC 3.14. Claims. Negotiations. Mediation. by
either party shan be construed as a renunciation or waiver of any of the rights or recourse available to
the parties. provided that the requirements set out in Utis subsection are fullilled.
GC 3.15
GC 3.15.01
Engineering ArbItration
Conditions for Engineering ArbItIatIon
.01 If a claim is not resolved satisfaclorily 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 inwke
the provisions of subsection GC 3.15. Engineering ArbItration. by givWIg written notice to the other
party.
.02 NotificatiOn that arbitration shall be implemented to resolve the issue shall be-communicated in writing
as soon as possible and no later than' '60 "Osys.flllIowing'1he-opinion,.gIVen in paragraph GC
3.14.03:05. Whele the use of a Utird party mediator wasimplemented:notiIic;alion shall bewilhin 120
Days of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the a.-bib diu'.
.04 The rutes and procedures of the Atbilra/ion Act. 1991. S.O. 1991. c.17. as amended. shan apply to
.any arbitration conducted. heleunder except to the extent that they are modified by Ute express
provisions of this subsection GC 3.15. Engineering ArbiUlio.l.
GC 3.15.02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbllrate and are subject only to such
right of appeal as exist where the arbitralorhas exceeded 'his or her jurisdiction or have olhelwise
disqualified him or herself:
a) All existing actions in respect of the matters under arbitralionwill'beslayed pending arbibation;
b) All outstanding claims and matters to be selIIed are to be set out in a schedule to the agreement
Only such claims and matters as are in the schedule win be 81bibad; and
c) Before proceecflll!l with the arbitration. the Contractor Shan confirm that all matters in dispute are
set out in the schedule.
GC 3.15.03
Appointment of ArbItrator
.01 The arbitrator shall be mutually agreed uponby'the Owner and Cohbaclll(;lDadjudicate the dispute.
'.02 Where Ute Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbilralion noted in paragraph GC 3.15.01.02. the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
.03 The appointees shall mutuanyagree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shan refer the matter to the Arbibdliun and Mediation Institute
of Onlario Inc. which win seIecl an arbibator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitJator shall not be interested financially in the Contract nor in either party's business and shall
not be employed by either party.
.05 The arbitrator may appoint independent experts and any other persons to assist him or her.
OPS GenemI CoI_. at CoIIII8ct.lll~tln"'" 1M
l'egelS
.06 The arbitrator is not bound by the rules of evidence which govern the bial of cases in court but may
hear and consider any evidence which the atbilrator considers relevant
.07 The hearing will commence within 90 Days of the appointment of the arbitrator.
GC 3.15.04
Costs
.01 The arbitrator's fee shall be equally shared by the Owner and the Contractor.
.02 TIle fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shared equaUy by the Owner and the Contractor_
.03 The arbitration hearing Shall be held in a plaoe mutually agreed upon by both parties or in the event
the parties do not agree, a site shaU be chosen by the arbitrator. The cost of obtaining appropriate
facilities shall be shared equally by the Owner and the Co.lbcduo.
:.....~". '-q"...
.04 . The arbitrator may. in his or her disaetion. award reasonable costs. related to the arbitration.
GC 3.15.os
The Decision
.01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An
extension of lime to make a decision may be granted with consent of bolh parties. Payment shall be
made In accordance with c/ause GC 3.14.06, Payment
GC 3.16
Archaeological Finds
.01 If the Contraclo(s operations expose any items which may Indicate an archaeological find. such as
building remains, hardware, accumulations of bones. pottery, or arrowheads, the Coubcduo shall
inunediately notify the Contract Administrator and suspend operations within the area identified by the
Contract AdminislratDr. Notification may be verbal provided that such notice is confirmed in writing
within 2 Days. Work Shall remain suspended within that area until otherwise directed by the Contract
Administrator in writing, in acc:ordance with subsection GC 7.09, SUspension of Work.
.02 Any delay in the comp/eIion of the Contract that is ca'lSed by such a suspension of Work wII be
considered to be beyond the Contraclor's control in accordance with paragraph GC 3.08.01.
. .03 Any WOIk directed or authorized in connection with an archaeoIogicallind will be considered as Extra
.: ~ in accordance with c/ause GC 3.11.02, Extra Wor1c.
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Page 16
OPS GenIIW C1lO1dllana of~. ......1_1_
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GC 4.01
SECTION GC 4.0 - OWNER'S RESPONSIBIlITIES AND RIGHTS
Worldng Area
.01 The Owner win acquire all property rights which are deemed neoessary by the Owner for the
construction of the Work, including temporary woiking easements, and will indicate the full extent of
the Working Area on the Contract Drawings.
.02 The Geotechnical Report and-Subsurface Report which will be provided by the Owner as part of the
tender documents shaD fonn part of the Contract Drawings_
GC 4.02
Approvals and Pennlts
.01 The Owner will pay for all plumbing and building permits.
.02 The Owner win obtain and pay for all. permits. licenses and -certificates:solely.:.required.for Project
approval . .
GC 4.03
. Management and DIsposition of Materials
.01' The Owner win identify in the Contract Documents the materials to be moved within or removed from
the Worl<lng Area, and any characteristic:s' of those materials which will necessitate special materials
management and disposilion.
-.02 In acCorilanceWith legulations under the Occupational Health and-Safety Act; RS.O.1990; c.O.1.. as
amended, the Owner advises that
a) the designated substances silica, lead and arsenic are generaUy present throughout the Working
Area occurring naturaly or as a result of vehicle emissions;
b) the designated substance asbestos is present in asbestos conduits for utililles;
c)" the' following . hazardous -materials areonlinarlly present in construction. aclivltlas~ limestone,
gypsum, marble, mica and Portland cement; and
d) exposure -to these substances may 'occur as -a result of aclivitles by the Contractor such as
sweeping, grinding, ClUShIng, drlDlng, blasting; cuUing and abrasive blasting.
.03 The Owner wiD identify In the Contract Documents any designated substances or hazardous
materials other than those ldentifled above and their location in the Working Area.
.04 If the Owner or COub...... cflSCOVefS or. is advised of .the. pnnnce..ofdesignated ,substances or
hazardous materials which are in addition to those fISted inparagnlph GC 4.03.02, or not dearly
idenlifled in the-Contract Documents lIOCClI'dlng.-to.pIII8Qi8pIt.'GC,4,03:03;.:then:verbal notloe will be
provided to the other party immedialeIy Withwrillen confirmation,within 2 Days. The Contractor will
stop work in 1he area -lnunediately and wiI detennlne the nee e sury steps required to complete 1he
worlt in accordanoe with applicable legislation and regulallon.
.05 The Owner will be responsible for any reasonable addillonal costs of removing, managing and
disposing of any materlaI' not identified in the Contract Documents, or where conditions exist that
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shaH be deemed to be Extra Work.
.06 Prior to commencement of the Work, the Owner will provide to the ConlJactor a 1st of those products
controIIecI under the WoIkpIace Hazardous Materials Information System or WHMIS, which the
Owner win supply or use on the Contract, together With copies of the Materials Safety Data Sheets for
these products. All cantaiuers used in the appIicaIion of products contJolled under WHMIS shall be
labelled. The Owner will notify the Co.lb......... in writing of changes lD the 1st end provide relevant
Material Safety Data Sheets.
OPS Gener.I CondlIiona IIA~. s..,.........,.
""7
GC 4.04
ConstructIon Affecting Railway Property
.01 The Owner will pay the costs of all flagging and other traffic control measures required and provided
by the railway company unless such costs are solely a function of the Contraclol's chosen method of
completing the Work.
GC 4.05
Default by the Contractor
.01 The ContracIor shall be in default of the Contract if,
a) the CUlIbactor falls to commenoe the Work or execute the Work properly or otherwise fails to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankropt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency. .
GC,~~ Notification of Default
, ...~~
.01.Jhe Owner wiD give written notice of a default to the Contractor as soon as the Owner becomes
aware of the aUeged default but failure to give such notice in a timely way shall not constitute
condonation of the default. The notice will include inslrucllons to correct the default within 5 Working
Days.
GC 4.07
Contractor's Right to Correct . Default
.01 The Contractor shall have the right within the 5 full Working Days following the reoeipt of a notice of
default to correct the default and provide the Owner with satisfactory proof that appropriate corrective
measures have been taken.
.02 If the correclion of the default cannot be completed within 1he 5 full Working Days following reoeipt of
the natloe, the ContracIor shaD not be in default if the Contractor,
a) commences the coneclion of the default within the 5 fun Working Days foIowing receipt of the
notice;
b) provides the OWner with an acceptable schedule for 1he progress of such correction; and
c) completes the correalel.. in acconlance with such schedule.
GC 4.08
0Wner's Right to Cornet Default
.01 If the Contractor fails to correct the default within the time speciIled in subsection GC 4.07,
:.€P'llJactots Right to Correct a Default, or subsequently 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 certlfled by the Contract Administrator, from any payment then or thereafter due to the Contractor.
GC4.09
Termination of Contractor's RIght to Continue the Work
.01 Where the ContraclDr fails to correct a default within the time specified in subsection GC 4.07,
Contractor's Right to Correct a Default, or subsequenlly agreed upon, the Owner, without prejudice to
any other right or remedy the Owner may have, may terminate the Conb actoI's right to continue the
Work in whole or In part by giving written notice to the Contractor.
.02 If the Owner tenninates the ContracIoI's right to continue with the Work in whole or in part, the Owner
wit be entitled to,
a) take possession of the Working Area or that portion of the Working Area devoted to that part of the
Worklenninated;
b) utiBze the equipment of the Conlr8clDr and any Materl8I within the Wolklng Area which is intended
to be inoorpolilltod Into the Work. the whole subject lD the right of third parties;
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Cu.lb......... unliI the Work or portion thereofwllhdnlwn is completed;
"".
ops_c... 'nl .IIAConlrad......lilefll1l111
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d) charge the Contractor the additional cost aver the Contract price of completing the Worlt or portion
thereof withdrawn from the Contractor, as certified by the Contract AdministratOr and any
additional compensation paid lD the Contract Administrator for such additional service arising from
the correction of the default;
e> charge the Contractor a reasonable allowance, as determined by the Contract Adminil;b..IOf, to
cover correction to the Worlt peIformed by the Contractor that may be required under subsection
GC7.15, Warranty;
f) charge the Contractor for any damages the Owner may have sustained as a result of the default;
and
g) charge the Contractor the amount by which the cost of corrections to the Worlt under subsection
GC 7.15, Warranty, exceeds the allowance provided for such corrections.
004.10
Final payment to Contractor
.01 If the Owner's cost tocorrecl and complete the Worltin,whole or In part is less than the amount
withheld from the C...lIb.....torunder subseclion'OO4.09;Termination"of.,,ConlJaclDI's Right to
Continue the Work; the Owner will pay the"balance to1he.C<..lb......... assoon;as the final accounting
for the Contract is complete.
GC4.11
Tennlnatlon of the Contract
.01 Where the Contractor is in default of the Contract the Owner may, without prejudice to. any other right
or remedy the Owner may have,terminate the Contract by giving written notice of termination to the
Contractor, the Surety and 'any trustee'or receiver acting on behalf of'1he ConlJactor's estate or
creditors.
.02 if the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or
receiver with a complete accounting to the dale of termination. ",
004.12
Continuation of eontrac:tor's Obligations
.01 The Contractor's obligation under the Conllact as to quality; correction and warranty of the Worlt
perfonned prior to the time of termination of the Contract or termination of the CoIIlJactor'S right to
continue with the Worlt in whole or in part shall continue to be in force after such termination.
GC4.13
Use of pertonnance Bond
.01 If the Contractor is in default of the Contract and theCololJactorhasprovldeda Perfonnance Bond.
the provisions of this Section shan be exercised'ln accordance with thecondllionS of the Peiformance
Bond. ..',
OPSGener.I Col_.IIA~......_I.
...,.
GC 5.01
SECTION GC 6.0 - MATERIAL
Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shan be supplied by the Contractor. The Contract price for the appropriate tender items
shan be deemed to include fuU compensation for the supply of such Material.
GC 5.02
Quality of Material
.01 All Material supplied by the Contractor sltall be new or unless otherwise specified in the Contract
Documents. .
.02 Material suppUed by the Contractor shall confonn to the requirements of the Contract.
.03 A$ specified or as requested by the Contract AdmlnistJator, the Contractor sh8H make available for
.;jQspectjon or testing a sample of any Material to be supplied by the Cot ,I....... .
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.......-
.04 '.J'he Contractor shan obtain for the Contract Admini::;t...... the right to enter upon the premises of the
Material manufacturer or supplier to carry out such ilSp8dion, sampling and testing as specified or a
< requested by the Contract Adminislrator.
.05 The Contractor sitaR notify the Contract Adminll.t..... of the sources of supply sufIicientIy in advance
. ,of the Material shipping dates to enable the Contract Administrator to perform the required inspection,
- samp/"IRQ and testing.
.06 The Owner will not be responsible for any delays to the CoIlh.........'s ~ where the Contractor
fails to give sufficient advance notice to the Contract Adminislrator to enable the Contract
Administrator to cany out the required inspection, sampling and testing before the scheduled shipping
date.
.07 The Contractor shan not change the source of supply of any MaleriaI without the written authorization
of the Contract AdmlnistJator.
.08 Material which is not specified shall be of a quality best suited lD the purpose required and the uSe of
such Material shan be subject to the approval of the Contract Adminislrator.
OO5~
Rejected Material
'.Ik<-"_
.01 Rejected Material sltan be removed from the Working Area expeditiously after the notification to that
El!fect from the Contract Adminislrator. Where the Contractor falls to comply with such notice the
Contract Administrator may cause the reje cbKI Material to be removed from the Worlting Area and
disposed of in what the Contract Administrator considers to be the most appropriate manner .and the
ContraclDr shall pay the costs of disposal and the appropriate 0V8Itlead charges.
00 5.04
SUbstltutlons
.01 Where the speclfications require the Contractor to supply a Material designated by a trade or other
name, the Tender sitaR be based only upon supply of the Material so designated, which shall be
regarded as the standard of quality required by the specification. After the acceptance of the Tender,
the Contractor may apply to the Contract Adminislrator to substilute another Malerialidentified by a
different trade or other name for the Material designated as aforesaid. The applicallon shall be in
writing and shall state the price for the proposed substitute Material designated as aforesaid, and
such other Information as the Contract Administrator may require.
p.zo
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.02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender.
Substitutions shalt not be made without the prior approval of the Contract AdmlnlstralDr. The
approval or rejection of a. proposed substitution will be made at the discretion of the Contract
Administrator.
.03 . If the proposed substitution is approved by the Contract Admil'lisb ator, the Contractor shan be entltled
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 shaM be conveyed to the
. . CoId1actorin writing or by issuance of a Certlficate of equality on the Owner's standald fonn of
. "CertIficaIion of Equality'" and if any adjustment to the' Contract price' is made by reason of such
substilutlon a Change Order shaH be issued as well.
GC 5.05
GC 5.05.01
Owner Supplied Material
Ordering of Excess Material
.01 Where Material is supplied by the OWner and where.this MateriaI.is~OIdere(kby the Contractor in
excess of the amount specified to complete the Work; ,:such:: exc e S1 .MaIeriaI shalt become the
property of the Contractor on completion of the Wort and shall be charged to the Coodla...lol at cost
plus applicable OVl!fheads.
GC 5.05.02
Care of Material
.01 TheCullhactOl shan, in advance of receipt of shipments of MaIeriaISlIpplied by the OWner, provide
. adequate and properslDrage facilities acceptable to 1he Contract Admil....., and on the receipt of
such Material shaU promptly place it in slDrage except where it is to be incorporated forthwith into the
Work.
.02 The Contractor shaD be responsible for acceptance of Material supplied by the OWner, at the
specified delivery point and for its safe handling and slDl age. If such Material is damaged while
. under. the control of the ContraclDr it shalt be replaced or repaired by the eo....adoI at no expense to
the Owner, and to the &ati!ifaction of the Contract Administrator. If such Material is rejected by the
Contract Administrator for reasons which are not the fault of the'CoIdractor it shaI remain In the care
and at the risk of the Contractor until its disposilion has been detennined by the Contract
Administrator.
.03 Where Material supplied by the OWner arrives at the delivery point in a damaged condition or where
there are disaepancies between the qloalttllies reoeived'and'1he .'qUCIIllllie6shown on 1he biils of
lading, the Contractor shan inwnediatelyreport such damage or dlscrepallcles to the Contract
Administrator who shall arrange for animmedialeillspedion ,.of':the:ishiplllent and provide the
Contractor with a written release from responsibility for such damage or,'Cleficiencias. Where danlage
or deficiencies are not so reported it wBl be assumed that the shipment arrived in good order and any
damage or deficiencies reported thereafter shaH be made good by the ContraclDr at no extra cost to
the Owner.
.04 The fuR amount of Material supplied by the OWner in each shipment shalt be accounted for by the
Contractor and such Material shall be al the risk of the Contraclor after taldng delivery. Such Material
shaH not, except with the wriIIen permission of the Contract Administrator, be used by the Contractor
for purposes other than the perfonnance of the Worlt under the Contract.
.05 Empty reels. crates, oontalners and other type of packaging from Material supplied by the Owner
shaD become the property of the eo..hactor when they are no longer required for their original
purpose and shalt be disposed of by the Contractor unless othelwise specified in the Contract
Documents.
OPS~Co"dll..."'~.S.pl._,.
"'21
.06 The Contractor shan provide the Contract Adminislrator, immediately upon receipt of each shipment.
copies of bills of lading, or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantllies of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract.
the Contrador shall, at no extra cost to the Owner, immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor it shaH be assumed that the stockpile was in good order when the Contractor took charge
of it and any damage or deficiencies reported thereafter shaH be made good by the ContraClDr at no
extra cost to the Owner.
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PlI8e 22
OPS OenenlCOlldlllo..of~. Se~ 1_
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GC 6.01
SECTION 00 6.0 -INSURANCE, PROTECTION AND DAMAGE
ProtectIon of Work, Persons and Property
.01 The Contractor, the Contractor's agents and all worlters employed by or under the control of the
Contractor, including SUbcontractors, shall protect the Work, persons and property from danlage or
injury, and shaH be responsible for an losses and damage which may arise as the result of the
Contraclor's operations under the Contract unless indicated to the contrary below.
.02 '. The Contractor is responslb/e for the full cost of any necessary temporary provisions and the
restoration of all damage where the Contractor damages the Work or property in the perfonnance of
the Contract. If the Contractor is not responsible for the damage that occurs lD the Worlt or property
the CoIdraGtor shaH restore such damage, and such work shall be administered according to these
General Conditions.
.03 The Co.Ib...tIM shaD immediately informthe~Contract Admlnistrator of ail'damage and injuries which
occur during the term of the Contract.
.04 The Contractor shaH not be responslb/e for loss and damage that occurs as a result of.
a) war;
b) blockades and civil commotions;
c) errors in the Contract Documents; or
d) acts or omissions of the Owner, the Contract Administrator, their agents and empioye!ls, or others
not under the conlroI of the Contractor, but within the Working Area wih the OWneI's permission.
.05 The CoIllJadoI and Itis Surety or SuretlesshaD not be released from any term or provision of any
responsibility, obligation or liability under the Contract or waive or impair any of the lights of the
Owner except by a release duly executed by the Owner.
00 6.02
InclemnIficatIon
.01 The Contractor shaD indemnify and hold harmless the Owner and theContracl Admillilobcetu.. their
agents, officers and employees from and against a1ldaims, demands, losses, expenses, costs, .
damages, acIlons, suits or proceedings by third parties, hereinafter caIecl "claims", directly or
indireclly arising or aHeged to arise out of the performance of or the failure to perfonn the Work,
pl'OYidad such cIalms are,
a) atIribulable to bodily injury, sickness. disease, or death or to damage to or desIructlon of langible
property;
b) caused by negligent acts or omissionsofthe.Co.lb-.M" or anyonecfor.cwhose acts the Contraclor
may be liable; and
c) made in wrillng within a period of 6 years from the date of Substal,liat'Perfonnance of the Work as
set out in the Ceriificate of SUbslaoltial Performance of the Work or, where so specified in the
Contract from the date of certification of Fmal Acceptance.
.02 The Contractor shan indemnify and hold hannIess the Owner from aI and 8V8fY claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasionad by the
Contractor in connection with the Work perfonnad or Material fumished by the Co..b~ under the
Contract.
.03 The Owner expressly waives the right to indemnity for claims other than those stated above in
p8IlIQI'8phs 00 6.02.01 and GC 6.02.02.
.04 The Owner shall indemnify and hold hannIess the eu..b.....tur, his agents, oIIicers and employees
from and against al cIaIn1s. demands, losses, expenses, costs, damages, actions, suits, or
proceedings arising out of the CoI,badol's performance of the Contract which are attributable to a
lack of or defect in lilIe or an aIlegad lack of or defect in lilIe to the Working Area.
OP$~~Il....ot~,""'-'.
PIge 23
.05 The Contractor expressly waives the right to indemnitY for claims other than those staled above in
paragraph GC 6.02.04.
GC 6.03
GC 6.03.01
Contractor's Insurance
General
.01 Without restricting the generaflty of subsecllon GC 6.02, Indemnllicalion, the Contractor shan provide,
maintain and pay for the insurance coverages listed under dauses 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 win only apply when so
specified in the Contract Documents.
GC 6.03.02
General Liability Insurance
.01 General liability insurance shall be in the name at the ContraclDr, with the Owner and the Contract
. ~ministrator named as additional insureds, with limits of not less than 5 million;dollars inclusive per
~nce for bodily injury, death, and damage to property including loss at.use thereof, with a
,P!,9Pertv damage deductible of not more than $5000. The form of this inSurance shall be the
IflSUr&IlC8 Bureau of Canada Form IBC 2100, dated 8-87.
.02'Anolher form of insurance equal to or better than that required in IBC Fonn 2100 may be used.
provided all the requirements rlSted in the Contract are included. Approval of this insurance win be
conditional upon the Contractor obtaining the services of an insurer licensed to lIIldenNrile insurance
in the Province of Ontario and obtaining the insureI's certllicate of equivalency to the required
insuranoe.
.03 The insurance shaR be maintained continuously from the COh~118IlO8IT\8nt of the Worlt untl12 months
following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial
Perfonnance of the Work, or until the Final Acceptance Cerlillcale is issued, whichever is later, and
with respect to completed operations coverage for a period of not less than 24 months from the dale
of Fllal Acceptance of the Worlt as set out in the Fmal Acceptance Certificate, and there8fler to be
maintained for a further period of 4 years.
.04, The Contractor shan submit annually to the Owner, proof of continuation of the c:ompIeted operations
coverage and if the Contractor falls to do so, the limitation period for claiming indemnity described in
paragraph GC 6.02.01 c), will not be binding on the Owner.
.05 S.bould the Contractor decide not to employ Subcontractors for operations requiring the use of
~ for blasting, or pile driving or caisson work, or removal or weakening of support at property
~lding or land, IBC Form 2100 as required shall indude the appropriate endorsements.
'$..
tit.,.."
.06 The policies shall be endorsed lD provide the Owner with not less than 30 Days' written notice in
advance of cancellation, change or amendment rastricling coverage.
.07 "Claims Made" insurance policies wiD !lot be permitIed.
GC 6.03.03
Automobile Llablllty Insurance
.01 Aulornobile liability insurance in respect of licensed vehicles shaH have limits of not less than 5 million
dollars inclusive per occurrence for bodily injury, death and damage to property. in the following fonns
endorsed to provide the Owner with not lass than 30 Days' wriIIen notice in advance of any
canceUaIlon, change or amendment reslrlcling coverage:
a) standard non-owned aut0m0biie policy including standald contractual liability endorsement. and
b) standard own81's form automobIe policy providing third party liabiuty and accident benefits
insurance and covering iicensed vehicles owned or c.pe.ated by the Contractor.
PIge 24
OPS ~ CondIloI..at Col*8cl. s.,.ee.,.....,8ll9
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GC 6.03.04
Aircraft and WateI....Jl liability Insurance
.01 AIrcraft and watercraft lability insurance with respect to owned or nDIKIWIl8lI aircraft and watercraft if
used direclly or indirectly in the performallce of the Work, including use of additional premises, shall
be subject to Ilmils of not less than 5 million dollars incIusiYe per 0CCUITeI10ll for bodily injury, death,
and damage to property including loss of use thereof, and iimits of not less than 5 mUlion dollars for
aircraft passenger hazard. 'SUch Insurance shall be in a fonn acceptable to the Owner. The policies
shan be endorsed to provide the OWner with not less than 30 Days' wriIIen notloe in advance of
cancellation, change or amendment restricIlng coverage.
00 6.03.05
GC 6,03.os.01
Property and Boller Insurance
Property Insurance
, .01 . All risks property insurance shall be In the nan18 of theContraclor.JMlh~,and the Contract
Administrator named asaddilional insurads, insuringnot.lessthan;the:sum,ofthe ,amount of the
Contract price and the full value, as may..bestated-in.lhe..su~.General,.Conditions, of
. Material that is specified to be provldedby.1he'OWner;for.:.incorporation~lntothe Work, with a
deducllble not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in
,.- a fonnacceplable to 1he Owner and shal be maintained continuously until .10 Days after the date of
Fmal Acceptance of the Work, as sat out in the FII1aI Acceptance certific;ale.
00 6.03.os.02
Boller Insurance
'~O.1 "Boiler lnsurance insuring the interests of the Contractor, the OWner and the Contract Admini$bcdu.' for
not less than the replacement value of boilers and pressure vessels. forming partof the Work, shall be
in a fonn acceptable to the OWner. This Insurance shall be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Fmal
Acceptance of the Work, as sat out In the Fmal Acceptance Certificale.
00 6.03.os.03 .
Use and Occupancy of the Work"Priorto CompletIon
.01 Should the OWner wish to use or occupy part or an of the Work prior to SUbstantial Performance, the
Owner wiH give 30 Days' written notloe to the. c.,.,b......... of the.lllleolded purpose and extent of such
use or occupancy. Prior to such use or occupancy the ContracIor shall notify the OWner in writing of
the additional premium cost, if any, to mainlain property and boiler insurance. which shaD be at the
Owner's expense. If because of such use or occupancy the Co. dlaCb is unable to provide
coverage, the Owner upon wriIIen noIlce from the.ContJaclDr-andpriorJD:8UCb:use.or,occupancy
shan provide. maintain and pay for property andboiler.lnsurance insuringthli.fulI value of the Work,
including coverage for such use or ooo"'lCY. and shaUprovlde the <:O;,tJ.acto. wilh proof of such
insurance, The Co.,lJ'aclD( shall refund to the owner the uneamedpremiums appllcabIeto the
CoI,tJactor's policies upon leImi IlIlion of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner
and the ConIractoI as their respective interests may appear. The Contractor shan act on behalf of
both the Owner and the c.,.,b ....l1". for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is determined the Contractor shall
proceed to restore the Work. Loss or damage shan not affect the rights and obIlgations of either party
under the Contract except that the Contractor shall be entlUed to such reasonable extension of
Contract Tme relative to the extent of the loss or damage as the Contract AdmlnistralDr may decide
in consullation with the contractor.
OP8Gener.1Co1"~IIA~.S.pl.nIllef1.
Page 26
00 6.03.os.04
Payment for ~ or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Worlt has been appraised,
such amount to be paid as the restoration of the Worlt proceeds and in accordance with the
requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shan be
entitled to receive from the payments made by the Insurers the amount of the ContraclDr's interest in
the reslDration of the Work.
.02 The Contraclor shall be responsible for deductible amounts under the porlCies except where such
amounts may be excluded from the Contraclor's responsiblity by the terms of this Contract
.03 in the event of a loss or damage to the Worlt arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Worlt as the restoration of the
Worlt proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6.03.06
Contractor's equipment Insurance
.01 All risks Contractor's equipment Insurance covering construction machinery and eqUipment used by
the ContraclDI for the performance of the Work, including boiler Insurance on temporary boilers and
pressure vessels, shall be in a fonn acceptable 10 the Owner and shan not allow subrogation claims
by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less
than 30 Days' written notice in advance of cancellatlon, change or amendment reslricling coverage
Subject to sati$factu.y proof of financiai <;apaIlility by the Contractor for self-insurance of the
Contraclor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the CoI.b actu. shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant .prlor releases with respect to damage to
the ContraclDr's EqUipment
GC 6.03.07
Insurance Requirements and DUIlItIon
.01 Unless specified otheIwise the duration of each insurance policy shall be from the date of
commencement of the Worlt until 10 Days after the date of Final Acceplance of the Work, as set out
in the FIll8I Acceptance Certificate.
.02 The Contractor shaI provide the Owner. on a fonn acceptable to the Owner, proof of insurance prior
lD commencement of the Work, and signed by an officer of the ContraclDr and either the underwriter
or the broker.
.03 The Contractor shan, on request, pronlptly provide the Owner with a certified true copy of each
insurance policy exclusive of Information pertaining to premium or premium bases used by the insurer
lD determine the cost of the insurance. The certified true copy shall include a signature by an officer
of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the
broker.
.04 Where a policy is renewed the ContraclDr 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 eo. ,b......... shan be responsible for the payment of deductible amounts
under the policies.
.06 if the ContraclDr falls to provide or maintain insurance as required in subsection GC 6.03,
ContraclDr's Insurance, or elsewhere In the Contract Documents, then the OWner will have the right to
provide and malnlain such insurance and give evidence thereof to the Contractor. The OWner's cost
thereof shall be payable by the CUllb...Au. to the OWner on demand.
"- 26
OPS Genel8lColldlllo4.11A ~.llepIe<,,,,,,,,_
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.07 if the Co..haclorfalls to pay the cost of the insUlance placed by the Ownerwilhin 30 Days of the date
on which 1he Owner made a formal demand for reimbursement of such costs the Owner may dedud
the costs thereof from monies which are due or may become due to the Coc,bactor.
GC 6.04
Bonding
.01 The COllbactor shall provide the OWner with the surety bonds in the amount required by the tender
documents.
,02 Such bonds shaH be issued by a duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shan be maintained in good standing until the fuIflIment of
the Contract.
OPSGener.lCondIllanlOl~.....lbe<I.
PIge 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIUTlES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the performance of
the Work are known.
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
. Contractor has received a written order to commence the Work, signed by the Contract Administrator.
.03 The Contractor shall have complete control of the Work and shall effectlvely direct and SUpelVise the
Work so as to ensure conformity with the Contract Documents. The Contractor shaH be responsible
for constructlon means, methods, techniques, sequences and procedures and for coordinating the
various parts of the Work.
.:!:t.:.<
.04 The Contractor shaD have the sole responsibility for the design, erection, operatiOn,maintenance and
.~ of temponuy structures and other temporary facilities and the design and execution of
., cc)Ostructlon methods required in their use.
.05 . Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for
temporary structures and other temporary facHies or specify a method of construction in whole or
part, such facilities and methods shal be considered to be part of the design of the Work, and the
ContraclDr shall not. be held responsible for that part of the design or the specified method of
construction. The Conbador shaD, however, be responsible for the execution of such design or
specifiecJ method of construclion In the same manner that the C..."b....tur is responsible for the
execution of the Work.
.06 The Contractor shan execute the terms of the Contract In strict compliance with the requirements of
the Occupational Health and Safely Act, RS.O. 1990, c.O.1 (the "Act") and Ontario Regulation
213191 (which regulates Construction Projects) and any other regulations under the Ad. (the
"Regulations; which may affect the peIformance of the Work, as the "conslructor" or "employer", as
defined by the Ad., as the case may be. The Contractor shaH ensure that
a> worker safety is given first priority in planning, pricing end perfonning the Work;
b) its officers and supelVisory employees have a working knowledge of the duties of a "constructor"
and "employer" as defined by the Ad. and the provisions of the Regulalions applicable to the Work,
and a personal commilment lD comply with them;
c).' a copy of the most cunent version of the Ad. and the Regulalions are available at the ContraclDr's
office within the Working Area, or, in the absence of an office, in the pc sSllSsion of the sUpelVisor
. ",responsible for the performance of the Work; .
,d6VOrkers employed to carry out the Work possass the knowledge, skills and protective devices
'.required by law or recommended for use by a recognized industry association to allow them to
worlt 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 worlters; and
f) aH Subcontractors and their employees are properly protected from injul)' while they are at the
worlt place.
.07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy
and program at the pre-start meeting, and shaH respond prompUy to requests from the Owner for
confirmation that its methods and procedures for carrying out the Work comply with the Ad. and
Regulations. The Contractor shall cooperate with represe..datives of the Owner and inspeclDrs
appointed to enforoe the Ad. and the Regulalions in any invesligalions of worker health and safety in
the performance of the Work. The Contractor shaH indemnify and save the Owner harmless from any
additional expense which the Owner may incur to have the Work perfotmed as a result of the
Contractor's failure to comply with the requirements of the Ad. and the Regulations.
Pllge28
OPS ~ CoIdaIa ol~. SepIoo..bet 1999
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.08 Prior to commencement of the Work the ContracIor shall provide to the Contract Administrator a list of
those products oontroIed under the WorlcpIace Hazardous MaleriaIs information System or WHMIS,
which the Contractor expects to use on the Contract. RaIated Materials Safety Data Sheets shall
accompany the submission. All containers used in the appflC8lion of products controlled under
WHMIS shan be labelled. The Co.,baclDl shall notify the Contractor Administrator of changes in
writing and provide relevant MaleriaI Safety Data Sheets.
.09 The Contractor shall have an authorized representative on the site while any work is being perfonned,
to act fororOl'ltheContractor's behalf. Prior lD commencement of construction, theContraclor shall
. notify the Contract Administrator of the names;. addresses.. positions and telephone numbers of the
Contractor's representatives who can be contacted. at any time to deal with matters relating to the
Contract.
.10 The eo.lbactor'shall;-atno'addllional cost to the Owner, furnish aH reasonable aid, facilities and
assistance required by the Contract Admittib1lcllD{ forthe:proper inspection.and examination of the
Work or the laking of measurements for the purposed-.payment . . _.
.11 The Cou1JactorshaU prepare, and update as required, aconstnJction scheduleJndicating 1he timing of
the major and aitical aclivitles of the Work. The schedule shaI be designed to ensure oonfonnity
with the specified Contract Trme. The schedule shall be submitted to the Contract Adn,inistrator
within 14 Days from the date of the Contract award.
.12 Where the CuubaclDf finds any error, inconsistency or omissIcn relalil~ to the Contract, the
CohbaclDl shaI promplIyreport it to theContractAdmlnistralor and shall not proceed with the activity
alfeded until receiving direction from the Contract Administrator.
.13 The Contractor shan arrange with the appropriate utility authorities for the slake out of an
underground utilities and seIVice connections which may be affected by the Work. The Contractor
shaH be responsible for any damage done to the underground utiIilles by the ContractoI's forces
during construction if the stake out locations are within the tolerances given in. paragraph GC
2.01.01a).
00 7.02
Layout
.01 Prior to commencement of construction, the Contract Administrator and the Cot,lracIor wi. locate on
site those property bars, baselines and benchmarlts which are nee I S S sry lD delineate the Working
Area and to lay out the Work, aH as shown on the Contract Drawings.
.02 The Conlraclor shan be responsible for the preservation of all property-banl;whiIe the Work is in
progress, except lItose property bars which must be removed. to Jacilitale:, the Work. Any other
property bars distUrbed, damaged or removed by the Contraclor's operationslihal be replaced by an
Ontario Land Sulveyor, at the Contractor's expense.
.03 At no extra cost to the Owner,the Contractor shaH provide the Contract Adminisllator with such
materials and devices as may be neoessary lD layout the baseline and benchmarks, and as may be
necessary for the inspection of the Work.
.04 The Co.,baGtol shaH provide qualified personnel lD lay out and establish all lines and grades
necessary for construction. The Co.lb....Au. shall notify the Contract AdmiNsbalDi of any layout worlt
carried out, so that the same may be checked by the Conlrael Administrator.
.05 The Conbactor shaH lnstaII and maintain substantial alignment marlters end secondary benchmarlts
as may be required for the plOp8I' execution of the Work. The Cot III aclDf shaH supply one copy of all
alignment and grade sheets to the Contract Administrator. .
OPSGener.lCoI_of~.'lll ,.....,.
PIge 29
.06 The ConlractOI shaH assume fun responsibility for alignment, a1evatlons and dimensions of each and
aI parts of the Work, reganlless of whether the Contraclor's layout work has been checked by the
Contract Admini$b cdut.
.07 All stakes, marlts and reference points provided by the Contract AdministralDr 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, marlts and reference points will be replaced by the Contract Administlator at
the Contractor's expense.
GC7.o3
DaJnage by Vehicles or Other Equipment
.01 if at any lime, 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 Wor1dng Area, by the Contractor's
. vehicles or other equipment, whether tloensed or unlicensed equipment, the Contractor shall, on the
direction of the Contract Administrator. and at no extra cost to the OWner, make changes or
::S!1bstitutions for such vehicles or equipment, and shall alter badlngs, or in Some other manner,
'.rejnove the cause of such damage to the satisfaction of the Contract Admirlilob..tor.
"'"
GC 7.04
Excess Loading of Motor Vehicles
.01 . Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and
where motor vehicle F89isbaliun is required for such vehicle. the ContraclDr shall not cause or permit
such vehicle to be loaded beyond the legal limit specified in the Highway Trafflc Act, R.S.O. 1990,
.,c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise.
except where there are designated areas within the Working Area where overloading is permitted.
The Coub....t\n. shaH bear the onus of weighing disputed loads.
00 7.05
Condition of the WorIdng Area
.01 The Contractor shan maintain the Wor1dng Area in a tidy condition and free from the accumulation of
debris, other than that caused by the Owner or others.
GC 7.06
Malntalnlng Roadways and Detouts
.01 Where an exJstlng Roadway is affected by construction. it shall be kept open to traffic, and the
Contraclur shaH, except as otherwise provided in this subsection, be responsible for provlcfl'19 and
maintaining for the duration of the Work, a road through the Worlting Area, whether along an exisllng
Highway, including the road under construction, or on delDurs within or adjacent to the Highway. in
IICCOIdance with the MUTCD.
..~.. "
.02 ~ Contractor shall not be required to maintain a road through the Working Area until such time as
the ContraclDr 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 lD apply deicing chemicals or abrasives or carry out snowplowlng.
.03 Where IocaIjzed and separated sections of the Highway only are affected by the Contractor's
operations, the Contractor wi. not be required to maintain intervening sections of the Highway until
such times as these sections are located within the Hmlts of the Highway affected by the Contractor's
general operations under the Conlracl
.04 Where the Contract Documents provide for or the Contract Administrator requires delDurs at specific
locations, payment for the construction of the detours, and if I8qlIired, for the subsequent removal of
the detours, wUl be made at the Contract prices 81J1li'qlo iattrlo such work.
'"- 30
OPS o.nem Condllol.1IA CanInIcl. SllpIo..iIleI I.
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.05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area,
at the OWner's expense. The road through the Worl<lng Area will include any detour constructed in
accordance with the Contract Documants or required by the Contract Adminislrator. Compensation
for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to
the work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing,
the cost of blading required lD maintain the surface of such roads and detours shall be deemed to be
included In the prices bid for the various tender items and no additional payment wiD be made.
,06 Where work underthe.Contract is discontinued for any extended period including seasonal shutdown.
.the Co.,bactol shall, when directed by the Contract Administrator, open and place the Roadway and
detours In a passable, safe and satisfacloly conc:fdlon 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 Admlnil.I....O(, the constJUclion of the detour and, if required,
the subsequent removal shall be performed at' the.ContraclDr's expel)S8... ,The detour shall be
constructed and maintained tostruCtur8nllld'geometrIcslandardS~~ by the Contract
Administrator. Removal and site restoratiori .shaIl,:be. performed. :as., cf..eGIl.d by 1he Contract
Administrator.
.08 . Where, with. the prior wriIIen approval of the Contract Administrator, the .1f1Qhway is closed and the
. traffic diverted entirely off the IflQhwayto any other HighWay, the CUOib......... shaH. at no extra cost to
the Owner; supply, erect and mainlaintraflic control devices in accordance with the MUTCD.
. . .09 Compliance with the foregoing provisions shall in no way relieVe the Co.,bactol of obligations under
, ., slIbsedlonGC'6.01;' Protection of Work, Person$and'Property, cleaIlng with the Contractor's
responsibility for damage claims, except for claims arising on sections of Highway within the Working
Area that are being maintained by others.
GC 7.07
Access to Properties Adjolnfng the Work and Interruption of Utility
Services
.01 The Contractor shaH provide at all times, and at no extra cost to the Owner,
a) adequate pedestrian and vehicular 8OCess; and
b) continuity of WitY services
to properties adjoining the Worl<lng Area.
.02 The Co.,b~ shaI provide at all times and at no extra cost to the Owner access to fire hydrants.
and water and gas valves located in the Working AnIa.
.03 Where any lntenuptions in the supply of. UtilitYserviceso are 'requirecLand,are authorized by the
Contract Admlnistrator,theCo.,bactorshall give the affected property owners notice in accordance
with subsection GC 7.11, Notices by the ContracIor. and shall arrange such interruptions so as to
create a mlnlnun of iI,tederence to those affected.
00 7.oS
Approvals and Pennlts
.01 Except as specified in subsection GC 4.02, Approval and Pennits, the Contractor shal oblain and pay
for any permits, licenses,. and certificates which at the date of tendercloslng, are required for the
performance of the Work.
.02 The Contractor shaH arrange for all necessary inspections required by the approvals and permits
specifled in panlQraph GC 7.08.01.
OPSGenonIICoIldlU _af~.81~llllberl.
PetIe 31
GC7.09
Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or
aU of the Worlt and work shall not be resumed untjlthe Contract Administrator so directs in writing.
Delays, in ~ circumstances, will be administered according to subsection GC 3.08. Delays.
GC7.10
Contractor's Right to Stop 1he Worlt or Tenninate the Contract
"
.01 . ,If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
'.of Insolvency or if a receiver is appointed because of insolvency, the Contractor may, without
prejudice to any other right or remedy the Contractor may have, by giving the OWner or receiver or
trustee in bankluptcy written notloe, terminate the Contract. .
)
.02 If the WoIk is stopped or othE!lWise delayed for a period of 30 Days or more under an order of a court
or other public authority and provided that such order was not issued as the result of an act or fault of
;;~Contractor or of anyone directJy employed or engaged by the Contraclor,.,the Contractor may,
'Without prejudice to any other right or remedy the Contractor may have, by giving the Owner written
~, terminate the Contract.
.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
Owner is in default of contractual obIlgatlons if,
a) the Contract AdmiI'lisbClM" falls to issue C8l1ificales in accordance with the provisions of Section
00 8.0, Measurement and Payment;
b) the OWner falls lD pay the Co..b........., within 30 Days of the due dates identified in clause GC
',.,. 8.02.03, CeItif.calilnl and Payment, the amounts certified by the Contract Administrator or within
30 Days of an award by an atblb.... or court; or
c) the Owner violates the requirements of the Contract.
.04 The Contractor's written notloe to the Owner shan advise thal if the default is not corrected In the 7
Days immediately following the receipt of the written notice the Co..b......... may, without prejudice to
any other right or remedy the Contractor may have, stop the Worlt or teminate the Contract
.05 If the Contractor lenninales the Contract under the conditions set out in this subsedlon, the
ContraClDr shall be entitled lD be paid for all worlt perfonned acconfmg to the Contract Documents
and for any losses or damage as the Contractor. may sustain as a result of the lenninalion of the
Contract.
GC 7.11
Notices by the Contractor
.01 Before worlt is carried out which may affect the property or operations of any Ministry or agency of
9Over'nment or any person, company, partnership or corporation, including a municipal COIJlOI'lIIion or
any board or commission thereof, and in addition to such noticas of the commencement of specified
operations as are prescribed elsewhere In the Contract Documents, the Contractor shaH give at least
48 hours advance written notice of the date of commencement of such worlt to the person, company,
partnership, corporation, board, or commission so afft...lt.d.
.02 In the case of damage to, or interference with any utilities, pole lilias, pipe lines, conduits. farm liles,
or other pubrlC or privately owned works or property, the COhbactu. shaR immediately notify the
Owner and the Contract AdmlnislralDr of the Iocalion and details of such damage or interference.
PIge 32
OPS Gener.I eo.ldIIo..or ~. ~,_1ll99
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GC 7.12
Obstructions
.01 Except as othelwise noted in these General Conditions, the Contractor assumes all the risks and
responsibilltje arising out of any obsIruction encountered in the performance of the WOIk and any
traffic conditions. including traffic condilions on any tflQhway or road giving access to the Working
Area caused by such obstruclions, and the Contractor shall not make any claim against the Owner for
any loss, damage or expense occasioned thereby.
, ;02 Where theobstnJction is 'a Utility or other man-made object, the Contractor shall not be required to "
assume the risks 'and responsibUilies arising out of such obstruction, unless the location of the.
obstruction is shown on the plans or described in the specifications and the Iocatlon so shown is
within the tolerance specified in paragraph 00 2.01.01 a), or unless the presence and Iocatlon of the
obstruction has otherwise been made known to the Contractor or could have been detennlned by the
visual site invesligatlon made by theCOlltractor in accordance with these General Conditions.
.03 During the course of the Contract, it isthe',eo. dlaclor's'responslbllityto,consuIt."With Wily companies
, . or other appropriate authorities for further:fnfonnation'in ,regam ;to,theexacUcK:Stion ,of these Willes.
to exercise thell8CeSSary care in construclion'operations,lInd101ake-such"1lltierprecautions as are
necessary to safeguard the Utility from damage.
GC 7.13
Limitations of Operations
.01 Except for such worlt as may be required by the ContraCt Admhlibbdturto maintain the WOIk in a safe
and satisfactory condition, the Contractor shall not carry on operations under the Contract on
Sundays without pennisslon in writing from the Contract Administrator.
.02 The Contractor shan cooperate with oilier Coo'baGlOiS, Wily companies and the Owner and they
shall be allowed access to their work or plant at all reasonable times.
007.14
Cleaning Up Before Acceptance
.01 Upon attaining Substantial pertormance of the Work, the Contractor shall remove surplus materials.
, tools, construction machinery and equipment not required for the performance of the remaining Work.
The eo. dlactor shall also remove all temporary works and debris other than that caused by the
Owner, or others and leave the Worlt and Worltlng Area dean and suitable for occupancy by the
Owner unless otherwise speclfied.
.02 The WOIk shaH not be deemed to have' reached Completiol,1lI1tiIthe'Coo.b......... has removed surplus
materials, tools, construction machinery andqequipment The Co.,b.......... shan also have removed
debris, other than that caused by the OWner, or others. ' '
00 7.15
Warranty
.01 The Contractor shan be responsible for the proper perionnance of the WOIk only lD the extent that the
design and specifications permit such perfonnance.
.02 Subject to the previous paragraph the ContracIor shall correct prompUy, at no additional cost to the
Owner, defects or deficiencies in the WOIk which appear,
a) prior to and during the period of 12 months from the date of Substal,tiai Performance of the WOIk,
as set out in the CeltlIicate of Substantiai Perfonnance of the Work,
b) where the work is completed after the date of Substantial Pelformance, 12 months after
Completion of the Work,
c) where lhere is no CertiIicate of Substantial Perfonnance, 12 months from the date of Completion
of the WOIk as set out in the Completion CertIficate, or
OPS~COO_IlA~.'l,1 ,.....1888
Pelle 33
d) such longer periods as may be specified for certaln Materials or some of the Work.
The Contrad Administrator will promptly give the Contractor written notloe of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from COIT8Ctions made under the
requirements of paragraph GC 7.15.02.
.....
,...~
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"'..-.....
~...
PIge 34
OPS Qenegl CoIld1liol.IIA~. &.plember 1888
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SEcnoN GC 8.0 - MEASUREMENT AND PAYMENT
00 8Jl1
GC 8Jl1.01
....urement
Quantities
.01 The Contract AdmInistrator wiI make an estimate once a month, in writing, of the quantity of Worlt
performEid. The first estimate will be the quantitY of Worlt perfonned since the Contractor
. commenced theContract,; and every subsequent. estimate; except the final one, wiD be of the .quantity
of Worlt performed since the preceding estimate was made. The Contract Administrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cut.()ff Date.
. '.02 . Such quantities for progress payments, shall be construed and held to approximate. . The final
'; quantities forthe issuance of.the Completion Celti&ale shall be based on the measurement of Worlt
, completed.
.03 MeasUrement ofthequantlliasof theWortc perfonnedwilbe;'8ithel";'by~ Measurement or by
Plan Quantity prillClples as indicaled'ln 1Ile'Cordrac:t:~ Adjustments'lD,P....rGuantlly measurements
will normally be made using Plan QuantitY principles but may; where"apptojl!iale, be made using
Aclual Measurements. Those items ldentilled on 'the Tender by the nolation (P) in the unit column
.. shaR be paid accordlngto the 'Plan Quantity. items where the notimon (P) does not occur shall be ;
paid according to Actual Measurement
00 8Jl1.02
Variations In Tender Quantllles
.01 Where It, appears that the quantitY of Worlt to be done 'and/or Material to be supplied by the
Cu./b.......... under a unit price tender item wiI exceed or be less than the lender quantity, the
Contractor shall proceed to do the Work and/or supply the Material required to complete the lender
item and payment wi. be made for the actual amount of Work done and/or Material supplied. at the
unit prices slated in the Tender except as provided below:
a) In the case of a Major Item where the quantity of Work perfonned and/or Material supplied by the
Contractor exceeds the tender quantity by more than 15%, eitherparty to the Contract may make
a written request to the other party to~ a revised unit price for that poItion of the Work
perfonned and/or.MateriaI supplied which exceeds 115% of the tender quantity, The negotiation
shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based
on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus
a r: -" )ilable aIIowal108 for profit and applicable overhead.
b) In the case of a Major Item where the"quantity'of'Worltperfonnedand/orMaterlal supplied by the
Contractor is less than 85% of the tender quantity, the ColltlaGlDf may make a written i'equest to
negotiate for the portion of the actual,overheads 'and. fixed -costs, applicable to the amount of the
underrun in excess of 15% of the tender quantity; For purposes of the-negotiation, the overheads
and fixed costs 'applicable to the item are deemed to. have, been. prorated uniformly over 100% of
the tender quantity for the Item. Overhead costs shall be confirmed by a statement certlfled by the
ContraclDr's senior financial officer or auditor and may be audited by the Owner. AIlemativeIy,
where both parties agree, an aUowance equal to 10% of the' unit price on the amount of the
underrun in excess of 15% of the lender quantity will be paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Certlficale.
GC 8.02
GC 8.02.01
Payment
Price for Work
.01 Prices for the Work shall be fuR compensation for aU labour, Equipment and MaterIal required In its
performance. The term "allabour, Equipment and Materiar shall include Hand Tools, supplies and
other incidentals.
OPSOe_CoI_""'~.8eplMlbe<1888
,.. 35
. w" .
.02 Payment for work not specificaUy detailed as part of any one item and without specified details of
payment will be deemed lD be included in the items with which it is associated.
00 8.02.02
Advance Payments for Material
.01 The Owner wUl make advance payments for Material intended for incorporation in the Worlt upon the
written request of the Contractor and according lD the following tenns and conditions:
a) The ContracIor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facirltles and notify the Contract Administrator of their locations.
b) The value of aggregates, processed and stockplled, shall be assessed by the following procedure:
i. Sources Other Than Commercial
(1)~ranular'A', '8' and 'M' shall be assessed at the rate of 60% of the Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and poruand
cement concrete shall be assessed at the rate of 25% of the Contract price for each
. aggregate stockplled.
,;;P-ii. ' Commercial Sources
,.~... Payment for separated coarse and fine aggregates win be considered at.l!1e above rate when
"if . such materials are slDckpiled at 8 commercial source where further processing is to be carried
out before incorporating such materials into a final product. AdvanCe payments for other
materials located at a commercial SOlIIC8 wi. not be made.
c) Payment for all other malel ials, unless othlllwise specified elsewhere in the Contract, shaD be
based on the invoice price, and the eo. ill..... shaI submit proof of cost to the Contract
Administrator before payment can be made by the Owner.
d) The payment for aD Materials shaI be prorated against the appropriale tender item by paying for
sufficient units of the item to cover the value of the material SUch payment shaD not exceed 80%
of the Contract price for the item.
e) All Materials for which the Contractor wishes to receive advance payment shaH be placed in the
designated storage location immecflalely upon receipt of the material end shall thenceforth be held
by the Contractor in trust for the Owner as collateral security for any monies advanced by the
, Owner and for the due completion of the Work. The Contractor shaH not exercise any act of
ownership incoIlSislent with such security, or remove any Material from the storage locations,
except for inclusion in the Work, without the consent, in writing, of the Contract Administrator.
f) SUch maleriaIs shall remain at the risk of the C..."b......' who shan be responsible for any loss,
damage, theft, improper use or destruction of the material however ClIlIsed.
.02 'Where the Owner makes advance payments subject to the conditions listed in paragraph GC
8.02.02.01, such payment shall not constllute acceptallC8 of the Material by the Owner. Acceptance
~ only be determined when the material meets the requiretnents of the appropriate spec:ification.
00 8.02.03 Certlfic:ation and Payment
..
GC 8.ci2~03.01
Progress Payment Certlfic:ate
.01 The value of the Worlt perfomled and Material supplied will be calculated once a month by the
Contract Administrator in accordance with the Contract Documents and, clause GC 8.01.01,
Quantities.
.02 The progress Payment CerliIicate wiI show,
a) the quantities of Worlt perfonned;
b) the value of Worlt perfonned;
c) any advanced payment for Materials;
d) the amount of statutory holdback, liens, Owner's set.off;
e) the amount of GST as applicable; and
f) the amount due the Co.,bcdur.
Page 36
OPS Gener.I CoI-"_IIA~ -llool*o,dlerltl88
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.03 One copy of the progress Payment Certificate wiD be sent to the ContracIor.
.04 Payment will be made within 30 Days of the Cut-Off Date.
00 8.02.03.02
c... t1flCation of Subcontract Completion
.01 Before the Worlc has reached the stage of Substantial Performance, the Contraclor may notify the
Contract Administrator, in writing that a subcontract is completed 6dtil.r....t\ll'lly and ask that the
Contract Administrator oertify.the completion of such subcontract
.02 The Contract Administrator win issue a Certificate of Subcol,tract Completion if the subcontract has
been completed 681i&radoriIy, and aU requiredinspeclion and testing of the works covered by the
subcontract have been carried out and the results are satisfactory. ' .
.03 The ContractAdmlnistrator wiD sat out in the Cc.UIiCdIloofSubcontract.eampletion the date on which
the subcontract was completed and within'7Days'of:thedate:the:subconlnIct.,is certIfied.complete,
the Contract Administrator will give a copy'ofthe certificate,to':Jhe:Contractor!'aad;fo the Subcontractor
concerned.
00 8.02.03.03
SubcontractStatutoly Holdb8Ck Release C6.tIliwb.and Payment
.01 Following receipt of the CertifIC.tl.. of SIlb<:oo~acl CompIetlon, the Owner will release.and pay the
Contractorthe stetutory holdback retained in respect of the subconlract...Such relaaseshallbe made,
.. 46 Days after the date the sub..""b..ct,was certlfiedcompleteand providlng;the CoI,baclD(,.submlts
the following to the Contract AdminislralDr:
a) a document...~y to the Contract Administrator that will release the Owner from aU further
claims relating lD the subcontract, qualified by stated exceptions such as holdback monies; .
b) evidence r.ali!.faclD.y to the Contract Administrator that the SubG.....b~ has discharged an
llabililles incurred in carrylng out the subconbact;
c) a salisfaclDiy c1earallce certjf.c;ate or IetIer from the WoIkpIace Safely and Insurance Board
relatiIlQ to the subGo........I, and
d) a copy ofthe."","'cd between the Contractor and the Subcontractor andasatisfaclDry statement
showing the lDtaI amount due the SUbcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when the Contract
Administrator specificaIy requests it
.03 Upon receipt of the stetutory holdback, the Conlractor 'shaIl1orthwithgive.-1he SUboon!raclDr the
payment due under the sub.......b....t.
.04 Release of stetutory holdback by the Owner in respect of a subconlract shall not relieve the
Contractor, or the ContraclOl's SUrety, of any of their responsibilities.
GC 8.02.03.04
Cerllficatlon of Substantial Peffonnance
.01 Upon application by the ConlJactoI and where the Contract has been subslantiaIly performed the
Contract Administrator wiD issue a Certificate of Substantial perfonnanoe.
.02 The Contract Administrator wi! sat out In the Certificate of SUbstantial Performance the date on which
the Contract was subslantialy perfonned and within 7 Days after signing the said oertIllcate the
Contract Administrator will provide a copy to the Contractor.
.03 Upon receipt of a copy of the CertifIGale of Substantial Performance, the Contractor shan forthwith, as
required by Secllon 32(1) P8ragraph 5 of the Constroction Lien Act, R.S.O. 1990, c.C.3O, as
amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall
include pIaoement in the Dally CommeIciaI News.
OPS GenerllColIClllo/la IIA~ ...........,.
Page 37
.04 Where the Contractor falls to publish a copy of the CertiflwOte of Substantial Performance as required
above within 7 Days after receiving a copy of the certlficale signed by the Contract Administrator, the
Owner may publish a copy of the certificate at the Contractor's expense.
.05 Except as otherwise provided for in SecIlon 31 of the Construction Lien Act, the ~ay lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05. Substantial Performance
Payment and Statutory Holdback Release Payment Certificates. shall commence from the date of
publicatlon of the Certificate of Substantial Perfonnance as provided for above.
GC8.02.03.05
Substantial Perfonnance Payment and Substantial Performance Statutory
Holdback Release Payment Certlfic:ates
.01 When the Contract Administrator issues the Cel1ificate of Substantial Perfonnance the Contract
, Administrator will also issue the Substantial Perfonnance Payment Certificate and the Substantial
Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined
;~t certificate. .
..-;.f"'L .-..,.
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.02:~ Substantial Peiformance Payment Certificate will show,
'lIj'thevalue of Worlt petfonlled to the date of Substantial Performance;
. b) the value of outstanding or incomplete Work;
. c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to
the Contractor in respect of completed subcol,bacb and deliveries of pre seleced equipment;
d) the emount of maintenance security required; and
e) the amount due the Contractor.
.03 Payment of the amount certlfled will be made within 30 Days of the date of issuance of the payment
, certlficale.
.04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work perfonned up to
the date of Substantial Perfoml8nce. Payment of such statutory holdback shan be due 46 Days after
the date of publication of the Certif.cate of Substautial Perfonnance but subject to the provisions of
the Construction Lien Act and the submission by the CUOdl.........' of the following documents:
a) a release by the Contractor in a fonn salis~ y to the Contract Administrator releasing the
Owner from aU further claims relating to the Contract, qualified by stated exceptions such as
. outstanding work or matters arising out of subsection 00 3.14, Claims, NegotiatioIIs, Mediation;
b) a statutory dec:IaJ alion in a form satisfactory to the Contract Administrator that a1lliabnitles incurred
:.,~by the Conbactor and the Contractor's Suboontrac:lDrs in carrying out the Contract have been
:'Jo'VisCharged except for statutory hoIdbacks property retained; ,
cl a satlsfactDry Certificate of Clearance from the WOlkplace Safety and Insurance Board; and
'~proof of publication of the Certificate of Substanlial Perfonnance.
.o:n
GC 8.02.03.06
Certlfic:atlon of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract
Administrator wiD issue a Completion Certificate.
.02 The Contract Administrator will set out in the Completion Certificate the date on which the WllIk was
completed and within 7 Days of signing the said certificate the Contract Administrator will provide a
c:opyto th~ Contractor.
P8ge 38
OPSGeneNlCoo.....IIA~-~......1898
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Completion Payment and CompletIon Statutory Holdback Release
Payment Certlficates
.01 When the Contract Administrator issues the Completion Certificate, the Contract Admlnislrator will
also issue the Completion Payment Certificate and the Completion Statutory Holdback Release
Payment Certificate or where appropriate, a combined payment certlficate.
GC 8.02.03.07
.02 The Completion Payment Certificate will show,
a) measurement and value of Worlt at CompIetlon;
b) the amount of the further' statutory holdback based on the value of further worlt .comp/eted over
and above the value of worlt completed shown in the Subslantlal Performance Payment Certificate
referred to above; and
c) the amount due the Contractor.
.03 The Comp/etion Statutory Holdback ReIease.Payment ,Certificate ,wl\UI;8::a payment cei1if1Cale
'releasing to'theContractor'the' further statutory 'holdback:, 'Payment.Of.suchislatutory holdback shall
. be due 46 Days after the date of CornpIetiliniOftheWOlk,as-~(by;tl\Et;Complet/on,Cerlil".cate
but subject to the provisions of the Construction UenAct.and1hnubmissioh~the Cu.jb~ of the
following documents:
a) a release by. the Contractor in a fonn satisfactory to the Contract Administrator releasing the
Owner from aU further claims relating to the Contract, qualified by stated 8XCl8ptions where
appropriate; .
b) a statutory declaration in a fonn satisfactory to the Contract AdrninistralDr that all liabilities incurred
by the Contractor and the Contractor's SlllANtob....tuis in carrying out the Contract ltava been
discharged, qualified by stated exceptionS where appropriate; and
c) a satisfactory Certificate of Clearance from the WorlqIIace Safety and Insurance Board.
00 8.o2.o3.G8
Interest
.01 interest due the Contraclor is based on simple interest and is calculated using the applicable Rate of
Interest.
00 8.02.G3.09
Interest for Late Payment
.01 Provided the Contractor has complied with 1he requirements of the Contract including all
documentation requirements, when payment by the Owner to the Contractor for Worlt performed, or
for release of statutory hokIback. is delayed by the Owner, then theCu.lb..clD( shaD be entiIled to
receive interest on the outslanding payment at the Rateof'lnlerest, 'ifJlllYlll8flt'is not reoeived on the
dates set out below: .
a) Progress Payment ~: 30 Days afterthe cut.()ff Date;
b) Certificate of SUbco..b....t Completion:' 30 Days after the datecertlfiedas'the date on.which the
sub.....ub cd was completed;
c) SubContract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
subcontract was completed;
d)' SUbstantlal Performance Payment Certificate: 30 Days after the'date of issuance of the certificate.
e) S\lbStanti8I Performanoe Statutory Holdback Release Payment Ceriifl(;Ste: 76 Days after
publication of the Payment Certificate of Substantial Performance;
1) Completion Payment Certificate: 30 Days after the date certified as the date on which the
Contract reached Completion;
g) CompIelion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as
the date which the Worlt was completed.
.02 If the Conllactor has not complied with the requirements of the Contract, including all documehlalion
requiemehts, prior to expiation of the time periods described in paragraph GC 8.02.03.09.01,
interest wi! only begin to accrue when the eu. Ill......... has completed those requirements.
OPSGentnlCondhlllMof~-'lpllll_1_
PIge 3ll
Pege40
OPS o.n..I CcloIClllo/la IIA Conlnlct. s.,...dber 1_
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GC 8.02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter provided, where a notloe of negotiation, notice of intent to claim and the
subsequent claims are submitted In accordance with the time limits and/or procedure described by
subsection GC 3.14, Claims, Negotiations, Mediation. the Owner will pay the Contractor the Rate of
interest on the amount of the negotiated price for that part of the Work or on the amount of the settled
claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of
the Work.
..,"--': 1-~..
.02 :Where the Contractor does not attempt lD resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
.03 Where the Contractor fails to give notloe of a claim within the time limit prescribed by subsection GC
, 3.14, Claims, Negotiations. Mediation, interest sIIaIl not be paid.
.04 ,.re > a Contractor fails to comply with the 3().day time limit and the procedures prescribed In
..' ~(8ph GC 3.14.03.03 for submission of claims, interest shaH not be paid for the delay period.
-,~. -
................----
GC 8m:lJ3;11
OWner's Set-Off
.01 . Pursuant to Section 12 of the Constnsction Lien Act, the Owner may retain from monies owing to the
Contractor under this Contract an amount sufficient to cover any oulslanding or disputed liabilities
including the cost to remedy deIlclencies, the reduction in value of substandard portions of the Work.
claims for damages by thinl paities which have not been deaermined in wrlIlng by the Contractor's
insurer, undetennined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board and any monies to be paid to the worlters In accordance
with clause 00 8.02.06. Payment ofWorlters.
.02 Under these circumstances the Owner will give the Contractor appropriate notloe of such action.
00 8.02.03.12
Delay In Payment
.01 The Owner shall not be deemed to be in default of the Contract provided any dalay in payment does
not exceed 30 Days from the due dates as defined In paragraph GC 8.02.03.09.01.
GC 8.02.04
Payment on a TIme and Material Basis
GC.8~~01
Definitions
,
.01 Fot'the purpose of this clause the following definitions apply:
..,'& ,
Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and
Payroll Burden paid or incurred direclly 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 paymant or costs inCurred for general supervision,
administration of management time spent on the entire Work or any wages, salary or Payroll Burden for
which the Contractor is compensated by any payment made by the Owner for Equipment
Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current
marltel prices, for the purpose of canying out Extra Worlt, by the Contractor, or by others when such
arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices.
Operated Rented equipment: means Rented Equipment for which an operator is provided by the
supplier of the equipment and for which the rent or lease includes the cost of the operator.
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Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment
insurance, public liability and property damage insurance, sickness and accident Insurance, pension fund
and such other welfare and benefit payments forming part of the Contractor's normal labour costs.
Rented Equipment: means equipment that is rented or leased for the special purpose of Worlt 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 includesaH work lncidenlal thereto other than work on Structuras. .'
sewer and Watennaln Work: means the preparation. construcIion, finishing and constnJclion
. maintenance of sewer systems and watermain systems. and includes aU work incidental thereto other than
worlt on strucluras.
Standby'rnne:means any'perlod of1ime Whicltis'not:oonsilleredWorldngrm:.;~ad which together with
the Workingimedoes not exoeed'10hoUrS:jn,aIlY,one>Working;Day:and:dul'irigwhich time a unit of
. equipment cannot practically be used onotber..wortc.but.mustremaiD:on..lbe"site:in:onler to.continue with
itsassigned1ask and dwing which time the unit is in fully operable condition.
Structure Work: means the conslJucllon, reconstruclion. repair, alteration, remodeOlng, renovation or
,. demolition of any bridge, building, bJnnel or retaining wan and includes the preparation for and the laying of
the foundation of any bridge. building, tunnel or . retaining waR and the InslaIlaIion of equipment and
appurtenances incldenlaI thereto.
The 127 Rate: means the rate for a unit of equipment as listed inOPSS 127; Schedule of Rental Rates
for ConslrucIion Equipment Including Model and Specification Referenoe. which is current at the time the
worlt is canied 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 detennlnlng The 127 Rates.
Work on a 'Time -and Material BasIs: means Changes in the Worl(, Extra Work and Additional Worlt
approved by the Contract Admlnlstralor for payment 'on a Tlmeand MaterIal basis. The Worlt on a Time
and Material Basis shall be subject to an the terms, concfllions, speclfications.and provisions of the
Contract
. WorIdng TIme: means each period of time dwing which a unit of equipment is, actively and of necessity
-engaged on aspecilic;operation and the first 2 hours of each,~.foIIowing,period during which
the unit is not so engaged but dwing which the operatlcllFis.othervIise.proceedlng.and dwing,which time
the unit cannot practloelly be transferred to otherwork but must remain on the &itein Older to continue with
its assigned tasks and during which time the,unit is ina fully operable condition., , ,
GC 8.02.04.02
Dally Work Records
.01 DailyWorlt Records prepared as the case maybe by either the Contraclol's representative or the
. Contract AdrilinMl.m.. and' reporting the labour and equipment employed and the Material used on
each Tine and' Material project, shall be reconcIed and signed each day by both the Contractor's
representative and the Contract Adminlstralor.
00 8.02.04.03
Payment for Work
.01 Payment as herein provided shall be full compensation for au labour, Equipment and Malerialto do
the Work on a Tme and Material Basis except where there is agreement to the contrary prior to the
convnencement of the Worlt on a TIme and Material Basis. The payment adjuslments'on a Tnne and
Material basis shall apply to each individual Change Order authorized by the Conlract Administrator.
OPS Gener.I Col_..IIA~ -&e,Al.,.... 1888
"'41
GC 8.02.04.04
Payment for labour
.01 The Owner win pay the Contractor for labour employed on each Tillie and Material project at 135% of
the Cost of labour up to $3000, then at 120% of any poI1ion of the Cost of labour in excass of
$3000.
.02 The Owner will make payment in respect of Payroll Burden for Work on a Tme and Material Basis at
the Contracto(s actual cost of Payroll Burden.
.03'A! the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so
determined shaH be applied to all Tillie and Material worlt on the Contract.
00 8.02.04.05
Payment for Material
.01 The Owner will pay the Contractor for Material used on each TI!ll8 and Material project at 120% of the
i~ of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of
. "'JeOOO "
'.'.
GC 8:02:04.06
Payment for Equipment
>'
00 8.02.04.06.01
Wortdng TIme
.01 The Owner win pay the Contractor for the Working Tme of aH equipment other than Rented
Equipment and Operated Rented Equipment used on the Worlt on a Tine and Material basis at The
, 127 Rates with a cost adjusbnent as follows:
a) Cost $1 0,000 or less - no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion
in excess of $10,000; and
c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner wiH pay the Contractor for the Working Time of Ranted 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 1.10% of The 127 Rate. This constraint will be waived when the Contract Administrator
approves the invoice price prior to the use of the Rented Equipment
.03 The OWner will pay the Co.,b........ for the Worlting Tune of Operated Rented Equipment used on the
Worlt on a Tme and Material Basis at 110% of the Operated Rented Equipment invoice price
approved by the Contract Administrator prior to the use of the equipment on the Worlt on a Time and
. taeriat Basis.
GC 8;ci2lo4;06.02
>>'1:
Standby Time
.01 The Owner wiD 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 win pay reasonable costs for Rented
Eq~ent 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 cilcumstances giving rise to the Work on a Tme and Material Basis.
.02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who
cannot be othelWise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the Worlt on a Time and Malerlal Basis.
.03 The Contract Administretor may require Rented Equipment idled by the cin:umstances giving rise to
the Worlt on Tine and Material Basis to be retumed to the lessor until the worlt requiring the
equipment can be resumed. The Owner will pay such costs as result from such return.
PIIge 42
OPS Gener.I COlA, ..IIA CorIIrKl- SepIomber 1888
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.04 When Equipment is transported, solely for the purpose of the Work on a TIIll8 and Material Basis, to
or from the Working Area on a TIIIl8 and Material basis, payment wilt be made by the Owner only in
respect of the transporting units. When Equipment is moved under its own power it sItaU be deemed
to be woiking. The method of moving Equipment and the rates shaI be subject to the approval of the
Contract Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 Notwithstanding. any .other provision of this Section,no.payment shan be ,made to ,the, Contractor for
or in respect of Hand Tools or equipment that are loots of the trade.
GC 8.02.04.08
Payment for Work By Subcontractors .
.01 Where the ContraclDr arranges for Work on aTIIIl8 and Material Basis,or.a part of it, to be perfonned
by SubcontraClDrs, on ,a Tine ' and"MateriaI .,basis<.,and..,has..,l'l!l:eived..apprpv;al,prior to the
commencement -of: such.'.work; cln accordance witI1o:.Iber-requlmments,;ofi;subsecliOILGC 3.10,
., . SubCoritractlng bytheContraclor,theOwner win pay1he'cost'ofWork<<l,air."W8!an.d-,Material Basis
by1he SUbcontractor calculaled'8Sifthe,Contractor 1tad-done-tfle..~rane;and,MaleriaI Basis,
plus 11 maiIcup calclllated on the following basis:
a) 20% of the llrstS3.000; plus
b) 15% of the amount from $3,000 to $10,000; plus
c) 5% of the amount in excess of $10,000.
,02 .No further marlcupwil be applied regardless-of.the exlent to which.the work is assigned or sublet to
. "others. If work is~assignedor.sublet.,to anM~ociale,.asdefined bythe,SecurifiesAct nomarltup
whatsoever win be applied. '
00 8.02.04.09
Submission of Invoices
.01 At the start of the Work on a Tine and Material Basis, the Contractor .shaII.provlde, the. applicable
, labour and Equipment rates not already submitted to. the Contract Adminlstralor during the course of
such work.
.02 .SeparaI&summariesshaB be'Cl1"lpleted by the ContracIor according to thestao!lard fo(m"Summary , .
for Payment of Accounts on a Tme.and Material Basis". Each summary .shaD include.the order
number and covering dates of the work and shall ilemlzeseparately Iabour,.MateriaIs.and Equipment.
,Invoices for Materials, Rented Equipment and other charges incumldbythe Co..bac;tor on the Work
on a Time and Material Basis shl!lbe Included with eachSlllTlllllllY.." .C.' ,."" ,"-'~" ,.."
:03 Each monththe,ContractAdministratorwilt incIudewilbUlemqnthly~~~, the
costs of the WOlle on a Tine and MaterIal Basis incurred during' the preceding month aU in
. acconIance with the collbact admillilltldti.re procedures and theContraclor's invoice of the WOlle on a
TIIIl8 end MaleriaI Basis.
.04 The final "SummarY for Payment of Accounts on a Tme and Materlai Basis" shaD be submitted by the
Contractor within 60 Days after the completion of the Work on a TIlII8 and Material Basis.
00 8.02.05
Fmal AccepIanCe Certlfk:ate
.01 After the . acceplance of the Work .the Contract Administrator will issue the Final AcCeptance
CertiIIcate, or, where applicable, after the Wananty Period has expired. The Final AccePtance
ee.1lf"1Wotb win not be issued untO alknown deflcienCies have been adjusted or corrected, as the case
may be, and the c.",bactor has discharged all obligations under the COntract.
OPS ~CondlIlol.."'c.nc:t.~1llllll
PIge 43
P.44
OPS._Coo_IlA~.SeptemberI_
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GC 8.02.06
Payment of Workers
.01 The Contractor shall, in addition lD any fringe benefits. pay the workers employed on the Worlt 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 SubcontraclDr doing any part of the Worlt to pay the worlters
employed by the Subcontractor on the Worlt in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the ContraclDr or any Subcontractor or other person on the Worlt is
paid less than the amount required to be paid under the Contract, the Owner may set off monies in
accordance with clause GC 8.02.03.11, Owner's Set.()ff.
GC 8.02.07
Records
.01 The Contractor shaH maintain and keep accurate Records relating lD the Work, Changes in the Work,
Extra Worlt and claims arising therefrom. SUch Records shall be of sulllcient dataR to support the
total cost of the Work, Changes in the Work, and Extra Work. The Col ,b achn" shall preserve aU such
" original Records until 12 months after the F"mal Acceptance Certificate is issued or until an claims
have been seWed, whichever is longer. The Contractor shaR require that SUb<io..b....h1rs employed
by the Contractor preserve aU original Records pertaining to the Work, Changes in the Work, Extra
Worlt and claims arising therefrom for a similar period of lime.
.02 If, in the opinion of the Contract Administrator. Daiy Worlt Records are required. such records shall
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Daily Worlt Records shaH be reconciled with and signed by the Contraclor's representative each
day.
.03 The Owner may inspect and audit the Contractor's Records relaling to the Worlt, Extra Worlt and
Changes in the Worlt at any lime during the period of the Contract. The Contractor shan supply ,
certiIled copies of any part of its Records requlrecl whenever requested by the Owner.
GC 8.02.08
Taxes and Duties
.01 Where a change in Canadian Federal or Provlnclallaxes occurs after the date of tender closing for
this Contract, and this change could not have been antlclpated at the lime of bidding, the Owner will
increase or decrease Contract payments to account for the exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract
AdministralDr on forms provided by the Contract Administrator to the Contractor. Such claims for
8dditional tax costs shaH be submitted not less than 30 Days after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shaH submit to the Contract Administrator, on forms provided by the Contract Administrator, a
statement of such benefits. This statement sltall be submitted not later than 30 Days after Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commodities. which when left in
, place form part of the finished Worlt, or the provision of services, where such services form part of the
Worlt and where the manufacture or supply of such commodities or the provision of such services is
carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above.
Services in the latter context means the supply and operation of equipment, the provision of labour
and the supply of commodities, which do not fonn 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 fails to complete the Worlt
in accordance with the Contract, the Contractor shal pay such amounts as are specified in the
Contract Documents.
OPS0....... eo.odIloI. cf~.~ 1888
hge 45
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