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Home My WebLink About2007-161 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-161 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and FD.M. Contracting Company Limited, Thornhill, Ontario for the Church Street to S1. George Street Reconstruction. 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, F.D.M. Contracting Company Limited, Thornhill, 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 June, 2007. By-law read a third time and finally passed this 25th day of June, 2007. - - .. .. .. .. CORPORA TION OF THE MUNICIPALITY OF CLARINGTON - CHURCH STREET AND ST. GEORGE STREET RECONSTRUCTION, BOWMANVILLE CONTRACT NO. CL2007-22 ... .. ... MAY 2007 -. -. - .. -. .. ~~ architects planners .... - TSH No. 12-29636 -. - AGREEMENT - - THIS AGREEMENT made in quadruplicate - BETWEEN: F. D. M. CONTRACTING COMPANY LIMITED - of the Region of York 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 1 of 3 - - - - - - - - - - - - - - - - - - - DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Church Street and St. George Street Reconstruction, Bowmanville, Contract No. CL2007-22 Addendum No. 1 dated June 1, 2007 A. TENDER FORM: General Itemized Bid Bonds Schedule of Tender Data B. STANDARD TERMS AND CONDITIONS C. CONTRACTOR SAFETY POLICY D. INSTRUCTIONS TO TENDERERS E. SPECIAL PROVISIONS - GENERAL F.. SPECIAL PROVISIONS - TENDER ITEMS G. DESIGN GUIDELINES H. STANDARD DRAWINGS I. PLANS: Drawings No. I to 7, Ll, W-I, W-2 and W-3 J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 351 Nov. 2005 501 Nov. 2005 128 Current 353 Nov. 2006 506 Nov. 2005 201 Nov. 2003 355 Nov. 2006 510 Nov. 2006 206 Nov. 2000 405 Nov. 2005 51 ] Nov. 2004 212 Nov. 2004 407 Nov. 2004 570 Aug. 1990 310 Nov. 2004 408 Nov. 2004 571 Nov. 2001 314 Nov. 2004 410 Nov. 2006 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 August 31, 2007. 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 of 3 - - - IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. - - SIGNED and sealed by the Contractor: F. D. M. CONTRACTING P ANY LIMITED - - - in the presence of - - ~~j~ .,.....- / ~ &/'lE ~ /0 1 ) Date / ) ) ) ) ) ) Date SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF - CLARINGTON - - - in the presence of - - P: \ 12-29636 \Specs \CL2007 - 22- A OR, doc - - - ) ) ) ) ) ) ) ) ) 1! .1 ///' " .r__' / ,/' (,.-.'- ,,' ( ~/ ,"' "",- 1'- /\ c..... ,,"- (;,R..:.....\\}\:. ) })t.:::.0~\'-') C\.e r\... - ", I-~ - .. I - .....JL-\:3 "\ u-. Date ) Page 3 of 3 L l L L L L L L l l L L L L L L L I L L CONTRACT NO. CL2007-22 MUNICIPALITY OF CLARINGTON CHURCH STREET AND ST. GEORGE STREET RECONSTRUCTION, BOWMANVILLE ADDENDUM NO.1 Contractors are hereby advised of the following modifications to Contract No. CL2007-22: INSTRUCTIONS TO TENDERERS Add Clause 20 to the index page as "20. PROVISIONAL ITEMS...................................Page 5" Add the following clause to Page 5 of the Instructions to Tenderers: "20. PROVISIONAL ITEMS After the Tender Closing the Items in the Itemized Bid noted as being "Provisional" may have quantities modified or may be deleted from the Contract at the sole discretion of the Owner without negotiating with the bidders regardless of the percentage. of the Tender the individual or combined "Provisional Items" represent. No consideration for loss of overhead costs will be considered should these Items be deleted from the Contract." SPECIAL PROVISIONS - TENDER ITEMS COPPER SERVICE PIPE - ITEMS NO. 3.05.11 AND 3.05.15 Page 13, revise the following: "Include: .1 Excavation to grade and disposal of surplus materials." to read "Include: .1 Excavation to grade including removal of hard surfaces beyond the limit of road construction and disposal of surplus materials. " All tenders must be submitted on the basis of these modifications. This Addendum shall remain attached to and form part of all tenders submitted. TSH Engineers Architects Planners 513 Division Street Cobourg, Ontario K9A 5G6 June 1, 2007 P:\12-29636\SpecsIADD l.doc - - PROJECT: - - AUTHORITY: - CONTRACT ADMINISTRATOR: - ... - TENDERER: - - - - - - - TENDERS RECEIVED BY: - ... P:\ 12-29636\Spccs\22 I 72- TF -SignDocs.doc - - TENDER FOR CONTRACT NO. CL2007-22 CHURCH STREET AND ST. GEORGE STREET RECONSTRUCTION, BOWMANVILLE CORPORA TION OF THE MUNICIPALITY OF CLARINGTON TOTTEN SIMS HUBICKI ASSOCIATES ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET COBOURG, ONTARIO. K9A 5G6 Telephone: 905-372-2121 Fax: 905-372-3621 F. D. M. Contractin2 Co. Ltd. Name 34 Guardsman Road Thornhill. Ontario L3T 6L3 Address (include Postal Code) Tel: 905-889-5671 Fax: 905-881-1643 Telephone and Fax Numbers David Fantini Name of Person Signing Vice President Position of Person Signing Mrs. Pattie Barrie, Clerk Corporation of the Municipality of Cia ring ton Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L I C 3A6 Page 1 of 10 pages - TENDER CONTRACT NO. CL2007-22 - - - To: .. Re: .. The Mayor and Members of Council Corporation of the Municipality of Clarington Contract No. CL2007-22 Church Street and St. George Street Reconstruction, 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 of Notice of Acceptance of the Tender. .. ... Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. -- - .. - - - Page 2 of 10 pages ... ITEMIZED BID CONTRACT NO. CL2007-22 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2007-22 for the following unit prices. .. Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item - RMDCS Regional Municipality of Durham Construction Specifications MOC Municipality ofClarington Design Guidelines and Standard Drawings - PART 'A': ROADWORKS AND STORM SEWERS .. 201 Clearing and Grubbing LS 3,210.00 3,210.00 SP 2 206 Earth Excavation (Grading) 3 3,039 16.00 48,624.00 m .. SP, MOC (P) 3 310 Hot Mix HL-3 150 87.00 13,050.00 .. SP, MOC 4 310 Hot Mix HL-8 t 450 82.00 36,900.00 SP, MOC 5 310 Hot Mix Miscellaneous 2 1,215 8.00 9,720.00 .. m SP, MOC 6 314 Granular 'A' 1,800 18.40 33,120.00 - SP, MOC 7 314 Granular 'B', Type 1 3,400 11.00 37,400.00 SP, MOC - 8 206,314 Provisional Item 2 3,900 7.00 27,300.00 m SP, MOC Additional Depth Granular 'B', Type 1 .. 9 351 Concrete in Sidewalk 2 260 56.00 14,560.00 m SP, MOC 10 353 Concrete Curb and Gutter (All m 750 52.00 39,000.00 .. SP, MOC Types) 11 405 100 mm Perforated Corrugated Pipe m 660 11.00 7,260.00 .. SP, MOC Subdrain with Geotexti1e 12 410 Provisional Item m 20 120.00 2,400.00 SP, MOC 150 mm Dia. Storm Sewer Service - Connections, PYC SDR 28, Inc!. Excavation, Embedment and Granular Backfill - 3,875.00 13 410 200 mm Dia. Storm Sewer m 31 125.00 SP, MOC Connections, PYC SDR 28, Inc!. .. Excavation, Embedment and Granular Backfill 14 410 250 mm Dia. Storm Sewer m 30 150.00 4,500.00 - SP, MOC Connections, PYC SDR 28, Inc!. Excavation, Embedment and Granular Backfill - - Page 3 of 10 pages - ITEMIZED BID CONTRACT NO. CL2007-22 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2007-22 for the following unit prices. - Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item .. RMDCS Regional Municipality of Durham Construction Specifications MOC Municipality ofClarington Design Guidelines and Standard Drawings - 15 410 300 mm Dia. CP Storm Sewer Class m 47.0 160.00 7,520.00 SP, MOC 50-0, Inc!. Excavation, Embedment - and Granular Backfill 16 410 375 mm Dia. CP Storm Sewer Class m 22.0 175.00 3,850.00 - SP, MOC 50-0, Inc!. Excavation, Embedment and Granular Backfill 17 410 450 mm Dia. CP Storm Sewer Class m 119.0 200.00 23,800.00 - SP, MOC 50-0, Inc!. Excavation, Embedment and Granular Backfill 18 407 600 mm x 600 mm Precast ea 6 1,440.00 8,640.00 - SP, MOC Catchbasin (C-I04) 19 407 600 mm x 1200 mm Precast Twin ea 2,110.00 2,110.00 - SP, MOC Inlet Catchbasin (C-I05) 20 407 600 mm x 600 mm Precast ea 2 1,680.00 3,360.00 SP, MOC Catchbasin with Beehive Type Grate - (C-I04, C-114) 21 407 1200 mm Dia. Precast Maintenance ea 4 2,960.00 11,840.00 .. SP, MOC Hole (C-101) 22 407 1500 mm Dia. Precast Maintenance ea 3,850.00 3,850.00 SP, MOC Hole with Twin Inlet Flat Cap (C- - 102, OPSD 703.021) 23 408 Rebuild 1200 mm Dia. Precast ea 1,370.00 1,370.00 SP, MOC Maintenance Holes .. 24 408 Adjusting Catchbasins and ea 2 320.00 640.00 SP, MOC Maintenance Holes - 25 RMDCS Provisional Item m 20 190.00 3,800.00 SP 100 mm Dia. PVC Sanitary Sewer Service Connection - 26 501 Water for Compaction and Dust 3 300 4.00 1,200.00 m Suppression - 27 506 Calcium Chloride Flake kg 2,420 1.10 2,662.00 28 SP Sawcutting m 135 2.00 270.00 - 510 Removal of Sidewalk 2 215 9.00 1,935.00 29 m SP 30 510 Removal of Curb and Gutter m 110 8.00 880.00 - SP - Page 4 of 10 pages - ITEMIZED BID CONTRACT NO. CL2007-22 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2007-22 for the following unit prices. .. Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item - RMDCS Regional Municipality of Durham Construction Specifications MOC Municipality of Cia ring ton Design Guidelines and Standard Drawings .... 31 510 Removal of Culverts and Sewers m 420 28.00 11,760.00 SP - 32 510 Removal of Catchbasins and ea 15 320.00 4,800.00 SP Maintenance Holes 33 511 Provisional Item 2 450 5.00 2,250.00 .... m SP Geogrid, Tensar Bx 1100 34 SP, MOC Street Termination LS 1,370.00 1,370.00 - 35 570 Topsoil (Imported) 2 1,600 2.30 3,680.00 m SP, MOC 36 571 Sod (Nursery, Unstaked) 2 1,600 2.80 4,480.00 ... m SP, MOC 37 570 Supply and Install Trees - SP, MOC a) Autumn Blaze Red Maple ea 2 460.00 920.00 (60 mm W.B.) b) Hackberry (60 mm W.E.) ea 3 460.00 1,380.00 - c) Skyline Locust (70 mm W.E.) ea 460.00 460.00 - d) Japanese Zelkova (60 mm W.B.) ea 3 470.00 1,410.00 e) Pattern Perfect Tatarian Maple ea 4 460.00 1,840.00 - (50 mm W.B.) t) Autumn Brilliance Serviceberry ea 2 440.00 880.00 (50 mm W.E.) - g) Prariefire Crabapple (50 mm 4 320.00 1,280.00 ea W.E.) - 38 SP Miscellaneous Landscaping LS 5,000.00 39 SP Provisional Item 3 20 60.00 1,200.00 m .... HL-8 Blend Clear Stone Bedding with Geotextile 40 SP Asphalt Cement Price Adjustment LS 7,500.00 - Allowance Total Part 'A' (Carried to Summary) 408,856.00 - ... .... Page 5 of 10 pages .. ITEMIZED BID CONTRACT NO. CL2007-22 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2007-22 for the following unit prices. .. Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item - RMDCS Regional Municipality of Durham Construction Specifications MOC Municipality ofClarington Design Guidelines and Standard Drawings .. PART 'B': SANITARY SEWER AND APPURTENANCES .. 2.03 RMDCS Service Connections (Not SP Including Restoration) 2.03.01 Provisional Item m 20 185.00 3,700.00 .. 100 rom Dia. PVC 2.04 Maintenance Holes - 2.04.01 Remove Existing - Completely ea 2 726.00 1,452.00 2.04.07 RMDCS S-101-1200 rom dia. Precast .. SP Maintenance Hole (Less than 3.0 m deep) - 2.04.07 A Maintenance Hole No. S 1 LS 4,390.00 4,390.00 2.04.07B Maintenance Hole No. S2 LS 4,430.00 4,430.00 - Total Part 'B' (Carried to Summary) 13,972.00 .. PART 'e': W A TERMAIN AND APPURTENANCES 3.01 RMDCS Pipe (Not Including Restoration) SP - 3.01.01 100 mm PVC 12 200.00 2,400.00 m 3.01.02 150 rom PVC m 365 130.00 47,450.00 - 3.02 RMDCS Extra Over Item No. 3.01 SP .. 3.02.04 Remove Existing Valve Box ea 6 170.00 1,020.00 3.02.06 Concrete Plug in Abandoned Pipe ea 10 150.00 1,500.00 - 3.02.09 Mechanical Plug on Existing ea 330.00 330.00 Watermain 3.02.14 Stone for Extra Depth Bedding (HL- 3 25 60.00 1,500.00 - m 8 Blend Clear Crushed Stone) 3.03 RMDCS Valves - SP 3.03.01 100 rom Gate Valve and Box as per ea 3 1,150.00 3,450.00 S-408 - 150 rom Gate Valve and Box as per 8 1,290.00 10,320.00 3.03.02 ea S-408 - Page 6 of 10 pages - ITEMIZED BID CONTRACT NO. CL2007-22 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2007-22 for the following unit prices. ... Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item - RMDCS Regional Municipality of Durham Construction Specifications MOC Municipality of CIa ring ton Design Guidelines and Standard Drawings ... 3.04 RMDCS Hydrants SP - 3.04.01 New Hydrant with Storz Pumper ea 2 3,430.00 6,860.00 Nozzle as per S-409 3.04.03 Temporary Flushing Hydrant ea 2 1,530.00 3,060.00 ... 3.04.05 Remove Existing Hydrant Complete ea 510.00 510.00 with Concrete Plugs - 3.05 RMDCS Services (Not Including SP Restoration) ... 3.05.01 19 mm Main Stop ea 17 350.00 5,950.00 3.05.06 19 mm Curb Stop and Box ea 17 310.00 5,270.00 - 3.05.11 19 mm Dia. Copper Pipe 200 100.00 20,000.00 m 3.05.15 50 mm Dia. Copper Pipe m 290.00 290.00 - 3.05.23 Extra Over Items No. 3.05.11 and 2 25 5.00 125.00 m 3.05.15 for Restoration with Topsoil - and Sod 3.05.24 Extra Over Items No. 3.05.11 and 2 7 30.00 210.00 m 3.05.15 for Restoration with Asphalt - 3.05.25 Extra Over Items No. 3.05.11 and 2 33 80.00 2,640.00 m 3.05.15 for Restoration with - Concrete or Other Hard Surfaces 3.05.26 Extra Over Items No. 3.05.11 and LS 5,000.00 3.05.15 for Restoration of Surface - Features 3.06 RMDCS Test Points SP - 1,290.00 3.06.01 19 mm Dia. Test Point as per S-429 ea 1,290.00 - Total Part 'C' (Carried to Summary) 119,175.00 PART'D': GENERAL ITEMS - 8.01 RMDCS Contract Administrators Field SP Office 8.01.01 Supply and Maintain Field Office LS 2,861.00 2,861.00 - - Page 7 of 10 pages - ITEMIZED BID CONTRACT NO. CL2007-22 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2007-22 for the following unit prices. .. Spec. No. SP (P) RMDCS MOC The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications Refers to Special Provisions Plan Quantity Payment Item Regional Municipality of Durham Construction Specifications Municipality of CIa ring ton Design Guidelines and Standard Drawings - - 8.02 RMDCS Contractor Documentation SP 8.02.01 Bonds, Insurance and Maintenance Security 8.03 RMDCS Mobilization and Traffic Control SP 8.03.01 Mobilization and Demobilization 8.05.01 SP Pre-Condition Survey Total Part 'D' (Carried to Summary) LS 8,540.00 8,540.00 - - LS 5,870.00 5,870.00 - LS 3,700.00 3,700.00 - 20,971.00 - SUMMARY - Total Part 'A' - Roadworks and Storm Sewers Total Part 'B' - Sanita Sewer and A urtenances Total Part 'C' - Watermain and A urtenances Total Part '0' - General Items 408,856.00 13,972.00 119,175.00 20,971.00 - - - Total (excluding GST) GST (6% of Total) 562,974.00 33,778.44 Tenderer's GST Registration No. 101753143 - P:I 12 - 29636\Specsl[29636- I temBid-SignDocs.xIs] SignDocs - - - - - - Page 8 of 10 pages - AGREEMENT TO BOND (to be completed by Bondin!! Company) CONTRACT NO. CL2007-22 - - Bond No.: 6403095-20 - WE, the Undersigned, HEREBY AGREE to become bound as Surety for F.D.M. Contracting Company 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 Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No. CL2007-22 is accepted by the Authority. ... ... - IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. ... - DATED AT Woodbridge this 30th day of May 2007 - - The Sovereign General Insurance Company Name of Bonding Company - Liz Daniel Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) - Attorney-in-Fact - Position - - (This Form shall be completed and attached to the Tender Submitted). - - - Page 9 of 10 pages - SCHEDULE OF TENDER DATA CONTRACT NO. CL2007-22 - The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Itemized Bid Agreement to Bond Schedule of Tender Data STANDARD TERMS AND CONDITIONS CONTRACTOR SAFETY POLICY INSTRUCTIONS TO TENDERERS SPECIAL PROVISIONS - GENERAL SPECIAL PROVISIONS - TENDER ITEMS DESIGN GUIDELINES STANDARD ORA WINGS PLANS: Drawings No. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. Pages 1 and 2 Page 3 to 8 Page 9 Page 10 Pages 1 to 9 Page 1 to 8 Pages 1 to 5 Pages 1 to 16 Pages 1 to 16 - - B. C. D. E. F.. G. H. I. J. - - 1 to 7, Lt, W-l, W-2 and W-3 - OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 351 Nov. 2005 501 Nov. 2005 128 Current 353 Nov. 2006 506 Nov. 2005 201 Nov. 2003 355 Nov. 2006 510 Nov. 2006 206 Nov. 2000 405 Nov. 2005 511 Nov. 2004 212 Nov. 2004 407 Nov. 2004 570 Aug. 1990 310 Nov. 2004 408 Nov. 2004 571 Nov. 2001 314 Nov. 2004 410 Nov. 2006 - - - K. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999) - The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax requirements, so that it is able to do business in Ontario. - Yes x No - By my/our signature hereunder, I1we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2007-22, executed by me/us bearing date the 4th day of June 2007 and we have fully read all related documents to ten r data listed above. - SIGNATURE: POSITION Vice President - NAME OF FIRM F.D.M. Contracting Co. Ltd. (COMPANY SEAL) - Privacv Lel!:islation Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that we have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project administration, for contact purposes. - - This is Page 10 of 10 pages to be submitted as the Tender Submission for Contract No. CL2007-22. - t ~ ill. It. r.. .. r.. ... r.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON i ill. CONTRACT NO. CL2007-22 ill. ... ... i t' ill. ... .. .. ST ANDARD TERMS AND CONDITIONS .. ... P:\12-29636\Specs\22173- T &C.doc ... j j j j ! .J .J J J J j .J j j J j J J J J i lI. lI. STANDARD TERMS AND CONDITIONS 1 ... The Municipality ofClarington's "Standard Terms and Conditions" shall apply to this Contract except where noted below. ~ .. . ! r... . . .. .. ... .. ... \: ... I ... .. .. ... ... ... \ I ... . 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 of the 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 of the Contract.. j STANDARD TERMS AND CONDITIONS 2 j 1. DEFINITIONS Municipality - The Corporation of the Municipality of Clarington, its successors and assigns. j Bidder - The person, firm or corporation submitting a bid to the Municipality. J Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. j Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. .J Bid - An offer by a Bidder in response to the document issued by the Municipality. J 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. .J 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #2006- 127 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. J 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. J The bid must be signed by a designated signing officer of the Bidder. J If a joint bid is submitted, it must be signed on behalf of each of the Bidders. J 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. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. J Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. J 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. J J J J J it. STANDARD TERMS AND CONDITIONS 3 II. 3. CONTRACT II. The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. ~ The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. ... None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. ... 4. CLARIFICATION OF THE DOCUMENT ... Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. ... No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. ... 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. ... 6. DELIVERY it. Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. ... A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. .. Work shall be subject to further inspection and approval by the Municipality. , ... The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7. PRICING .. Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. ... Prices shall be firm for the duration of the contract. ... Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid. ... Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. ... j STANDARD TERMS AND CONDITIONS 4 J 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. J If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. j Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. J j 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. J Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. J Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. j The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. J Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. J 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. J J The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. J 10. J ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. J 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. J 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. J J .. .. II. i.. .. .. 15. .. .... 16. .. .. .... 17. .... ... '- .... .. ... ... ... STANDARD TERMS AND CONDITIONS 5 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Company's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregards statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contract. c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. j STANDARD TERMS AND CONDITIONS 6 j d. If the Municipality terminates the contract, it is entitled to: j 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; j ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). J .J 18. CONTRACT CANCELLATION J The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. J 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. J Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. j 20. SAMPLES J Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be retumed at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. J The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. J Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. J 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. J J J The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality . J Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. J ~ .. ... .. ... iI. .. ... .. ... 23. '- \ ... ... 24. ... ... ... 25. ... ... .. 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 indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 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. .J STANDARD TERMS AND CONDITIONS 8 .J 26. SAFETY J 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. .J Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all goveming regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. J .J The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. j 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. .J 28. SUSPENSION OF WORK J The Municipality may, without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. J The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. J 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. J J 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. j 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA) J All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. J Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. J 32. J CRIMINAL BACKGROUND CHECKS "The successful service provider covenants and agrees to provide the Municipality of Clarington, or such other entity as the Municipality may designate, with written consent to perform a criminal J ... STANDARD TERMS AND CONDITIONS 9 i ~ ... background check including Criminal Code (Canada) convictions, pardoned sexual offences, records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and Food and Drugs Act and all outstanding warrants and charges for every individual who may come into direct contract with youth or who are permitted entrance to private or restricted areas or residences. This will be done at no cost to the Municipality and any such requested document will be submitted to the Municipality in its true form in advance of commencement of work. i.. The Municipal issued identification card must be worn when individuals are at a site where there is direct contact with youth or where access to any private or restricted area is anticipated. The Municipal identification card is valid for the term of the contract only or a one year term, whichever comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion to prohibit an individual from coming into direct contact with youth or entering a private or restricted area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew the Municipal identification cards according to Municipal policy and procedure. i ... Il. The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately and unilaterally and without penalty to the Municipality should the service provider fail to provide the required documentation or otherwise adhere to this procedure. "The Chief Administrative Officer has the final say in determining any final action." ... ... ... ... ... .. .. II. .. ... .... .. " ... J J J J J J J J j J J J J J J J J J J I. ... ... ... ... .. -. CORPORATION OF THE MUNICIPALITY OF CLARINGTON II. CONTRACT NO. CL2007-22 ... .. ... ... ... ... .. II. SCHEDULE 'c' CONTRACTOR SAFETY POLICY .. .. P:II 2-29636ISpecsICL-Schedule (C).doc ... j J J j j .J j .J j J J J J J c .. j J J, ? J .. i ! ~ SCHEDULE (C) CONTRACTOR SAFETY 1 l POLICY AND PROCEDURE POLICY: ~ Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: 1.. ! ~ . the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; .. . a., . " ... 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. .. III. ... III. SCHEDULE(C CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Constructor - means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. Project Manager - means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. g) The project manager or delegate must provide the successful contractor with a workplace orientation, which will include, but not limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientation/Job Safety Instruction Checklist to be completed (see Compliance page 9). h) Before the start 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. 2 j j j J J .1 J J j j .J .J j J .J ~ .. J J J III. ... SCHEDULE (C) CONTRACTOR SAFETY 3 POLICY AND PROCEDURE Continued... .. ~ l .. !... - k) ~ I) .... m) ... ~ ~ ... l .. .... ... .. ... i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). 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. The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. 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.) 4 j J j j J J J J ~ J J J -j J j J J J J .. ~: .. t ~ .. -.. .. .. .. '- '- .. ~. .. ... L... i.. '- 6. .. ~ - ... .. SCHEDULE (C) CONTRACTOR SAFETY 5 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 "Ace'); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon befng 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. The contractor/successful tenderer shall indemnify and save harmless the Municipality, a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. ....FJ?:./!I.......C~.~6.....(~...'::..1r?.......................................... Contractor W Name of Person Signing for Contractor ~~~~;;~.........................................................~::<.;<C...~if"~:;i~ 6 j ] J J J J' J ( "" j-; 1 J J J J J .J J ~ J J ... .. SCHEDULE (C) CONTRACTOR SAFETY 7 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. # l.. DESCRIPTION: c \ a. NAME OF FIRM: .. PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) .. i -- ... .. ". .. ... ... SCHEDULE (C) CONTRACTOR SAFETY DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPL Y 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. 8 .J J J J ] J -. J J j J J J J J J J ""'l1lI ... J III - - - - - - - .. .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-22 - - - - - - - INSTRUCTIONS TO TENDERERS - - P:\12-29636\Specs\22174-IT.doc - - .. - CLAUSE .. - 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. 16. 17. 18. 19. 20. - - - - - - - - - - - - - - INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-22 SUBJECT PAGE GENERAL. ........ ...... .......... ......... ...... ... ........... ... ......... ......................................... ..... ............................... 1 BLANK FORM OF TENDER. ...... ................ .... .... .............. ....................................... ......... ................... 1 TENDER DEPOSITS ........ ............... .............. .... .... .... ................................. ............................................ 1 BONDS..... .... ....... .... .......... ............... ... ... ........ .... .... .... ..... .......................... ..... ... ..... ................... ..............2 RIGHT TO ACCEPT OR REJECT TENDERS. ........ ......... ......... ... ....... ........... ..... .................................2 SCOPE OF WORK .. ..... ............. ...... ... ... ........ ... ......... ....... .... ....... ............................ ........................ .......2 UNACCEPTABLE TENDERS........ ... ........... ........... ............ ................................... ..................... ..........2 ABILITY AND EXPERIENCE OF TENDERER ..................................................................................2 PROVINCIAL SALES TAX........ .... ...... ................... .............. ....... ........ ..... ... ......................................... 3 GOODS AND SERVICES TAX (GST).................................................................................................3 EXECUTE CONTRACT DOCUMENTS............ .......... ................... ....................... ............................... 3 COMMENCEMENT OF WORK ...........................................................................................................3 LOCATION.......... .............................................. ..................................................................................... 3 TENDERERS TO INVESTIGATE............................ ................ ............................................................. 3 INQUIRIES DURING TENDERING ............ ........................... ..............................................................4 DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR...... 4 ADDENDA.......................................................... .......................................... .........................................4 UTILITIES ............................................................................................................................... ............... 4 TENDER OPENING MEETING.. .................. ........... .............. ................................ ............................... 5 PROVISIONAL ITEMS.............................................. .......... ... ..................... .......... ................................ 5 - - .. .. .. - - - .. .. - .. - - - .. .. - - P AGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-22 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2007-22 " will be received until: 2:00:00 P.M., LOCAL TIME, MONDAY, JUNE 4,2007 and shall be addressed to: Mrs. Patti Barrie, Clerk THE MUNICIPALITY OF CLARINGTON Municipal Building, 40 Temperance Street BOWMANVILLE, Ontario. LIC 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender Amount Minimum Deposit Required $ 20,000.00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.0 I and over 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-22 ... 2. .. 4. BONDS .... The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. .. .... Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. - An Agreement to Bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. lIlIIlII 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. SCOPE OF WORK .. The scope of work may be increased or decreased depending of the Total Tender Amount with respect to available budget. .. 7. 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. lIlIIlII . 8. 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. .. ... .. .. - INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-22 3. - - 9. PROVINCIAL SALES TAX - Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. - 10. 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. - 11. EXECUTE CONTRACT DOCUMENTS ... Tenders shall be open for acceptance for a period of 90 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. ... The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. - Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. - 12. 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. - 13. LOCATION - The location of the work is Church Street from Liberty Street to St. George Street and St. George Street from Church Street to King Street in Bowmanville. - 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. - - - INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-22 ... 4. ..... The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. ... It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. - .. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Contract Administrator, TSH, Telephone: (905) 372-2121, attention: Sean Bagshaw, E.I.T. or Ron Albright, P. Eng. .. .. 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR .. Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the Corporation of the Municipality of Clarington. .... Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Cia ring ton. ... Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. .. l1li 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. l1li For additional information regarding existing utilities the Contractor may contact the following personnel: .. ... - .. - INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-22 5. - .. Veridian Connections Mr. Peter Petriw 55 Taunton Road AJAX, Ontario LIT 3V3 Telephone: (888) 445-2881 Extension: 3252 Enbridge Consumers Gas Mr. Chris Sorichetti 500 Consumers Road, 4th Floor WILLOWDALE, Ontario M2J IP8 Telephone: 1-416-758-7936 - - '. Bell Canada Ms. Kimberly MacLellan A.N. Provisioning FIr. 2N, 55 Athol St. E. OSHA W A, Ontario. LI H lI8 Telephone: (905) 433-3061 Rogers Cable T.V. Limited Ms. Cindy Ward 301 Marwood Drive OSHA W A, Ontario LIH lI4 Telephone: (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 No.1, Main Floor, 40 Temperance Street, Bowmanville, Ontario and interested bidders are invited to attend. .. 20. PROVISIONAL ITEMS - After the Tender Closing the Items in the Itemized Bid noted as being "Provisional" may have quantities modified or may be deleted from the Contract at the sole discretion of the Owner without negotiating with the bidders regardless of the percentage of the Tender the individual or combined "Provisional Items" represent. No consideration for loss of overhead costs will be considered should these Items be deleted from the Contract. (As per Addendum No.1) - - - - - - - - - - - - - - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-22 - .. - .. ... - - SPECIAL PROVISIONS - GENERAL - - P:\12-29636\Specs\22I 75-SPG.doc - ... ... INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2007-22 - 1. PLAN QUANTITY ITEMS ................................................................................................................1 2. GUARANTEED MAINTENANCE................................................................................. ................... 1 3. CONTRACT TIME AND LIQUIDATED DAMAGES .....................................................................1 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ................................................................2 5. OPS GENERAL CONDITIONS ........................................................................:.................. .............. 2 6. LA YOUT............................................................................................................................................. 2 7. RESTRICTIONS ON OPEN BURNING............................................................................................3 8 . PAyMENTS................................................................ .......................................................................3 9. UTILITIES.......................................................................................................................................... 3 10. HAUL ROADS....................... ........................................ .................................................................... 4 11. 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 ....................................................... 7 18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES........... 7 19. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ......................9 20. SPILLS REPORTING......................................................................................................................... 9 21. PROTECTION OF WATER QUALITy............ .......... ......................... ............................................. 9 22. TRAFFIC AND STREET SIGNS .....................................................................................................10 23. GARBAGE COLLECTION ..............................................................................................................10 24. ASPHALT MIX DESIGNS................. ..............................................................................................10 25. AMENDMENT TO OPSS 1820; CONCRETE PIPE....................................................................... 10 26. DELIVERY OF TEST SAMPLES ................................................................................................... 11 27. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES12 28. CONFINED SPACE ENTRy.................................. ......................................................................... 12 29. ENTRY ONTO PRIVATE PROPERTY .......................................................................................... 13 30. STORAGE AREAS.............................................. ......... .................................................................... 13 31. GENERAL LIABILITY INSURANCE ............................................................................................13 32. CONSTRUCTION LIEN ACT .........................................................................................................13 33. PA YMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S ... PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX ..............................................14 34. VARIATION IN TENDER QUANTITIES ......................................................................................15 35. PROPERTY OWNER'S RELEASE OF PRIV ATEL Y OWNED LAND USED BY THE ................ CONTRACTOR................................................................................................................................ 16 - ... - - - - ... - - ... - - - - .,., - - .. .. ... - - .. - - .. - ... ... .. - - -. ... - PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 1. PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 3. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this Contract. For purposes of this Contract, GCl.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GCl.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defined in GCl.06 of the General Conditions on or before August 31, 2007. 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. CL2007-22 2. ... (3) Liquidated Damages lIIIiIiIi It is agreed by the parties to the contract that in case all the work called for under the contract is not completed by the date specified, or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of One thousand dollars ($1,000.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for completion. .. ... ... The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. ... ... 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ... Authorized representative as referenced in GC7.0 1.09 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. III .. .. .., .. - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 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 of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). -- ... The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under GCl.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. - As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. - The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. - - The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. - 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. CL2007-22 .. 4. ... 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 "'" 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. .. 11. DUST CONTROL .. As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. .. - Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. .. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. .. .... ... 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: ... (i) an approved fluorescent blaze orange or fluorescent red safety vest, and .. (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. .. till - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 5. - - 13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. - Traffic controls shall be provided in general accordance with the latest edition of the "OTM Book 7". As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: - - .. TC-l TC-2 A or B TC-7, TC-7t, TC-8t TC-41A TC-41 B Rb-ll Rb-12 Rb-92 - .. CONSTRUCTION ROAD WORK ROAD CLOSED, LOCAL TRAFFIC ONLY CONSTRUCTION ZONE BEGINS CONSTRUCTION ZONE ENDS NO RIGHT TURN NO LEFT TURN ROAD CLOSED 5 3 3 5 5 2 2 3 - Traffic controls shall be operational before work affecting traffic begins. - TC-67 signs to be written with approved text as directed by the Contract Administrator. 14. MAINTENANCE OF TRAFFIC - Church Street and St. George Street shall be closed to through traffic. No blockages will be permitted on King Street or Liberty Street. Pedestrian access shall be maintained throughout the works by the use of temporary granular or asphalt walkways. The use of protective barriers, sidewalk diversion or other controls shall be utilized to ensure pedestrian safety. - - It is the intention of the Contract that every reasonable effort shall be made to provide vehicular access to homes and other properties adjacent to the limits of work operations at the end of each working day. - - It is understood that implementation of traffic controls will require ongoing review and adj ustment to suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Contract Administrator. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the Contract limits in a condition satisfactory to the Contract Administrator and such that any emergency vehicles may have immediate access to any building - - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 .. 6. .. located within the limits of this Contract. 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 closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. .. ... The Contractor shall be responsible for all signing outside of the Contract limits. ... 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. ... . 'III 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 .. The Contractor, shall, at no additional expense to the Authority, supply an office for the exclusive use of the Contract Administrator. This office shall be located as directed by the Contract Administrator, but in no case shall be more than one kilometre from the Contract limit. .. The Contract Administrator's office shall have a minimum of 17m2 of floor area, with a clear ceiling height of not less than 2.3 m, weatherproof, insulated walls and roof and a tight wooden floor raised at least 0.3 m clear of the ground. The office shall be fitted with a minimum of two glazed windows, both of which can be opened and are fitted with screens. The door shall have a reliable lock, all keys for which shall be in the care of the Contract Administrator. The Contractor shall supply electric light, heat when required, and an air conditioner of 8,000 BTU minimum when required, to the Contract Administrator's satisfaction and shall furnish the office with a minimum of one desk with drawers, one drafting table, five chairs, two drafting stools, one filing cabinet, a fax machine, a waste paper basket and a broom. ... till ... Where the Contractor elects to supply a combination office for the use of the Contract Administrator and his own staff, the minimum requirements for the Contract Administrator's accommodation as outlined shall be met. In addition, separate outside access for each office shall be provided and the Contract Administrator's office shall be partitioned offfrom that of the Contractor, on the inside. Any inside connecting door between the two offices shall be fitted with a lock or closer on the Contract Administrator's side. .. .. - .. .. - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 7. - - Where the field office is situated remote from a built-up area and where alternate toilet facilities are not available, the Contractor shall also supply an acceptable chemical or equivalent dry toilet, in a location convenient to the Contract Administrator's office. ... The field office and other facilities shall be provided at the site within 14 days of the Date of Notification to Commence Work or on the date of the Contractor's actual commencement of work, whichever date occurs first, and shall remain at the site, if the Contract Administrator so requires, for a period of up to two months after the completed work is accepted by 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 1800, OPSF 180 l, OPSF 1803 and OPSF 1805 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 18a(l) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. - - ... - - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 ... 8. .... ... 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 IIIiIII """ IIIiIII .. .. .... It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. .. ... The Contractor shaH 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 shaH provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H lA8 of the location(s) proposed for disposal of Designated Substances. A copy of the notification shaH 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. .. AH costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. till Should a Designated Substance not herein identified be encountered in the work, then management of such substance shaH be treated as Extra Work. - The requirements of Section GC4.03 of the General Conditions of the Contract shaH apply. .. - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 9. - - 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 labeled. - - 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. - - - .. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 10. .. If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. ... No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction. .. The Contractor shall not carry out equipment maintenance or refueling 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. 11/1II ... 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. Garbage pick-up is handled by Canadian Waste Services, at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at 1- 800-461-1582. .. ... 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. till 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. III 25. AMENDMENT TO OPSS 1820; CONCRETE PIPE .. Section 1820.02, References, of OPSS 1820 is deleted and replaced by the following: ... till - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 11. - - 1820.02 References This specification refers to the following standards, specifications, or publications: - 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: 1820.07 Production - 1820.07.01 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 A257.1M 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. DELIVERY 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 testing laboratory is Soil Eng., Bowmanville. - The Contractor will be responsible for providing three (3) samples for Quality Assurance (QA) at random locations throughout the site. At each location the Contractor shall take: - 1. A sample for QA. 2. A referee sample to be kept and stored by the Contract Administrator. - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 .. 12. .. 3. A QC sample to be retained and tested by the Contractor. ... OPS 310 is amended in that compaction testing for this project will be undertaken with a nuclear testing device. Core sampling will only be undertaken if there is a need to confirm nuclear testing results outside of specifications. ... A pre-pave site meeting will be conducted to review testing procedures with the Contractor, the paving Sub-Contractor, the Contract Administrator and the Geotechnical Sub-Consultant for the project. .., 27. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SP ACES .. 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 of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. .. ... The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. .. The Contractor shall have personnel trained in rescue procedures readily available on site. .. 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: .. · 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. .. ... ... .. - " - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 13. - - 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 PRIV ATE 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: - The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. - 31. GENERAL LIABILITY INSURANCE - Parties to the Contract beyond the Contractor, Owner and the Contract Administrator must be added as additional insureds (See Clause GC 6.03.02.01). - 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. - - - ,/ ... SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 13. - COPPER SERVICE PIPE - ITEMS NO. 3.05.11 AND 3.05.15 .... Note: .1 Water service shall be connected to existing service at street line on all streets. .2 Where lead services are encountered these shall be removed and full length of the service replaced to the house. .. Include: .1 Excavation to grade including removal of hard surfaces beyond the limit of road construction and disposal of surplus materials.(As per Addendum No.1) .2 Removal of disposal of existing service pipe as required. .3 Supply and installation of pipe in specified bedding and cover including connections to existing service with required unions/adapters. .4 Supply and installation of cathodic protection. .5 Backfill with approved native material and compaction. Note: The exact locations for all new service connections shall be field confirmed by the Contract Administrator unless specifically dimensioned on the Contract Drawings. .", ... .. The 50 mm service pipe to the town houses north of the intersection at Church Street and St. George Street shall be tied into the existing service pipe outside of the water chamber. The unit price bid shall include for the reduction from the 100 mm dia. PYC pipe to the 50 rom copper pipe. .. - RESTORATION WITH TOPSOIL AND SOD - ITEM NO. 3.05.23 RESTORATION WITH ASPHALT - ITEM NO. 3.05.24 RESTORATION WITH CONCRETE OR OTHER HARD SURFACES - ITEM NO. 3.05.25 .. Payment shall be made under these Items at the unit prices bid for the restoration of disturbed surfaces beyond the limits of works associated with road reconstruction. On Church Street, the limits of road construction are the road side edge of the sidewalk, or as shown otherwise on the drawings. .. Topsoil and sod shall be restored in accordance with the specifications for Items No. 33 and 34, Part A, Topsoil and Sod. Asphalt shall be restored in accordance with the specifications for Items No.2 and 3, Part A, Hot Mix HL-3 and HL-8. Concrete or other hard surfaces shall be restored in accordance with the appropriate Item from Part A. Items No. 3.05.24 and 3.05.25 shall include granular base to match existing. .. IIiI No work shall be done under these Items without the authorization of the Contract Administrator. .. RESTORATION OF SURFACE FEATURES - ITEM NO. 3.05.26 .. Payment shall be made under this Item on a time and material basis for restoration works (other than surface restoration) associated with the installation of water services. Such works may include removal and replacement of fencing, relocating shrubs, replanting hedges and flower beds or rock gardens. .. Location of all water services is not known. The extent of conflict with garden features will not be known until construction is underway. ... The necessity for and the extent of any work required under these Items shall be determined by the Contract Administrator. .. .. - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 14. - - 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. - .. - 33. PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX - The Municipality of Clarington will adj ust the payment to the Contractor based on changes to the Ministry of Transportation's (MTO) performance graded asphalt cement price index unless the Contractor opts out by notifying the Municipality in writing within 5 business days of receiving permission to start work. Once the Contractor has opted out of payment adjustments based on the index, the Contractor will not be permitted to opt back in. The price index will be published monthly by the MTO. The MTO price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted into the Work. - .. - The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area, of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. - A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs when the price index for the month differs by more than 10% from the price index for the month in which tenders were opened for the Contract. When the price index differential is less than 10%, there will be no payment adjustment established for that month. Payment adjustments due to changes in the price index are independent of any other payment adjustments made to the hot mix tender items. ... - The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted into the Work during the month for which it is established. However, a payment adjustment will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that have been granted. - The payment adjustment for the month will be calculated from the following formulae: - 1. When Ip is greater than 1.10 ITO, the payment adjustment per tonne of asphalt cement is (Ip - 1.10 ITO) and the Contractor receives additional compensation of: - P A = (Ip - 1.10 ITO) x quantity of new asphalt cement in tonnes - 2. When Ip is less than 0.90 ITO, the payment adjustment per tonne of asphalt cement is (0.90 ITO - Ip) and the Owner receives a rebate of: PA = (0.90 ITO - Ip) x quantity of new asphalt cement in tonnes - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 ... 15. .. Where: .. P A = payment adjustment for new asphalt cement, in dollars - ITO = performance graded asphalt cement price index for the month in which tenders were opened for the Contract .., Ip = performance graded asphalt cement price index for the month in which paving occurs The quantity of new asphalt cement includes all grades of asphalt cement supplied by the Contractor with and without polymer modifiers. For each month in which a payment adjustment has been established, the quantity will be calculated using the hot mix quantity accepted into the Work and its corresponding asphalt cement content as required by the job mix formula except for mixes which contain reclaimed asphalt pavement. .. ... For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be determined from the difference between the asphalt cement content required by the job mix formula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the hot mix, as calculated by the Contract Administrator. .. ... For mix containing a liquid anti-stripping additive, the quantity of anti-stripping additive will be deducted from the quantity of new asphalt cement. No other deductions will be made for any other additives. .. For progress payment purposes, payment adjustments will be made on the monthly progress payment certificates for the months in which hot mix paving occurs. ., 34. VARIATION IN TENDER QUANTITIES .... Clause GC.8.0 1.02 (b) of the General Conditions of Contract is amended as follows: The last sentence beginning "Alternatively" and ending "paid" is deleted and replaced by "The Municipality shall not be liable to the Company for loss of anticipated profit", .. .. - .. .. - - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-22 16. - - 35. PROPERTY OWNER'S RELEASE OF PRIV A TEL Y OWNED LAND USED BY THE CONTRACTOR - Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: '- Date ....................... To: Mr. A.S. Cannella, C.E.T., Director of Engineering Services Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1 C 3A6 - - Re: Contract No. CL2007-22 - Dear Sir: ... I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. - I have accepted their final payment and release - (Name of Contractor) and the Municipality of Clarington from further obligations. - Yours very truly, - - Signature Property Owner's Name........................... .Lot..... .Concession.......... - Municipality of ........................................ (Please complete above in printing) - - Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. - - l L L L L L L L L L l l L l L L L L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-22 SPECIAL PROVISIONS - TENDER ITEMS P:\12-29636\Specs\22176-SP- T1.doc <j J J J J l ] J l J J J J J ] l ! I ~I L l l L l l L L l l L L L L L L l L l PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 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". PART 'A' - ROADWORKS AND STORM SEWERS CLEARING AND GRUBBING - ITEM NO.1 Under this Item, the Contractor shall clear and grub all trees, hedges, brush, etc. where indicated on the drawings. Adjacent homeowners shall have first right to wood from tree removals. All wood not wanted by homeowners shall be disposed of off site by the Contractor. EARTH EXCAVATION (GRADING) - ITEM NO.2 Payment under this Item shall also include: · Removal and disposal of asphalt from all streets. · Removal and disposal of asphalt from entrances. · Excavation in private entrances and boulevards. · Proof rolling of subgrade. · All excavated material is to be removed off site and disposed of at a location arranged for by the contractor. The estimated quantities under this Item are as follows: Earth cut (excluding stripping) - Topsoil stripping Fill required road works 2,773 m3 266 m3 81 m3 Excavation of small localized areas of deleterious material encountered shall be measured and paid for under this Item, additional to the plan quantity volume. Where it is determined by the Contract Administrator and the Soils Consultant that additional depth of Granular 'D' is required over a larger area, the additional granular material including excavation will be paid for under Item No.8, Additional Depth Granular'D', Type 1. Should asphalt be removed by milling, Larry Postill of the Clarington Operations Department should be contacted at 905-263-2291, regarding possible reuse by the Municipality. HOT MIX HL-3 AND HL-8 - ITEMS NO.3 AND 4 The Contractor shall supply all materials required for the proper execution of paving in accordance with OPSS 310. Asphalt shall be PGAC 58-28. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 2. The Marshall Stability for HL-3 surface course shall be a minimum 8,900 and for HL-8 lower binder course a minimum of 8,000. The unit price under these Items shall include for the following: . Forming temporary curb at catchbasin and catchbasinlmaintenance hole locations in accordance with Standard C-305. . Construction of step joints at limits of construction at Liberty Street and King Street in accordance with C-31l . Forming temporary ramps at limits of construction. . Paving of private entrances as indicated on the drawings. Brick and gravel entrances to be paved to front face of sidewalk, or if there is no sidewalk, 2 m from back of curb. The depth of asphalt for Church Street and St. George Street is to be 50 mm of HL-8 and 40 mm of HL-3 (by others). Depth of asphalt for residential entrances is to be 50 mm ofHL-3. Institutional and commercial entrances shall receive 50 mm ofHL-8 and 40 mm ofHL-3. Where watermain and water service trenching operations extend beyond the limits of road reconstruction, payment for restoration of disturbed asphalt surfaces will be measured and paid for under Item No. 3.05.24. The Contractor will be responsible for providing three (3) samples for Quality Assurance (QA) at random locations throughout the site. At each location the Contractor shall take: 1. A sample for QA. 2. A referee sample to be kept and stored by the Contract Administrator. 3. A QC sample to be retained and tested by the Contractor. OPSS 310 is amended in that compaction testing for this project will be undertaken with a nuclear testing device. Core sampling will only be undertaken if there is a need to confirm nuclear testing results outside of specifications. A pre-pave site meeting will be conducted to review testing procedures with the Contractor, the paving Sub-Contractor, the Contract Administrator and the Geotechnical Sub-Consultant for the project. HOT MIX MISCELLANEOUS - ITEM NO.5 Payment shall be made under this item extra over Items No.3 and 4 for placing hot mix asphalt outside of the roadway, including driveways and boulevards where specified. The hot mix asphalt material shall be paid for under Items No.3 and 4. GRANULAR 'A' AND GRANULAR 'B', TYPE 1- ITEMS NO.6 AND 7 Payment shall be made under these Items for supply, placing and compacting Granular' A' and Granular 'B', Type 1 to the following depths: 150 mm Granular 'A' and 300 mm Granular 'B' in roads 'J J J "J J J ] J ] ] I I I 1 ) l I I ] L l L L L L L L L l l L L L L L l L L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 3. 150 mrn Granular' A' and 300 mrn Granular' B' in entrances to School and Medical Centre and in the parking area in front of the School 150 mm Granular' A' or greater to match existing in private entrances Entrances may be constructed in Granular' A' or crushed stone to match existing. ADDITIONAL DEPTH GRANULAR 'B', TYPE 1 (Provisional) - ITEM NO.8 This Item shall be used where native excavated material is deemed to be unsuitable as determined by the Contract Administrator and the Soils Consultant. Payment shall be made under this Item for supply, placing and compacting of additional Granular 'B', Type I to a depth of 300 mrn including excavation and disposal of unsuitable material off site at a location arranged by the Contractor. If additional depth is required, as determined by the Contract Administrator and the Soils Consultant, the unit price will be pro-rated to reflect the actual depth. No material shall be imported for use under this Item without the authorization of the Contract Administrator. CONCRETE IN SIDEWALK - ITEM NO.9 . Where new sidewalk connects to existing sidewalk, concrete curb or any other rigid structure, 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 minor excavation required where existing sidewalk or private walkways are being replaced. Sidewalk at entrances shall be 150 mrn thick in accordance with Municipal Standard C-307. CONCRETE CURB AND GUTTER (ALL TYPES) - ITEM NO. 10 Curb and gutter is to be constructed in accordance with C-302 and C-305. A 1.2 metre length of curb and gutter shall be omitted at catchbasinlmaintenance holes. Where sidewalk abuts curb, a 50 mm key shall be constructed at the back of the curb in accordance with the standard. Transverse jointing of curb and gutter shall be at a maximum spacing 00.0 m. The unit price bid shall include for sawcutting existing curb at the point of connection to new curb. Barrier Curb is to be placed at the School and Medical Centre entrances, the parking area in front of the School and at the entrance to #7 St. George Street. 100 mm DIA. PERFORATED CORRUGATED PIPE SUBDRAIN WITH GEOTEXTILE- ITEM NO. 11 The Contractor shall supply and place perforated corrugated polyethylene pipe complete with geotextile sock as shown on Standard C-30 1. Backfill to subdrains shall be in accordance with Municipality of Clarington Standard Drawing C-301 and will be paid for under the appropriate item. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 4. The unit price shall include for breaking into catchbasins/maintenance holes as required. STORM SEWERS AND STORM SEWER LATERALS - ITEMS NO. 12 TO 17 Under these Items and for the unit price bid, the Contractor shall supply all materials, labour and equipment and all pipes of the required type, size and class, including supplying bedding, cover materials and compaction. Concrete pipe bedding shall be crusher run limestone, cover shall be sand and backfill shall be approved native material, as per C-I08. For all PYC pipe, bedding shall be crusher run limestone, sand cover and native backfill as per C-I09 and C-IIl. Should wet trench conditions be encountered then HL-8 blend of crushed stone with geotextile wrap shall be used for bedding of rigid pipe or placed below embedment for flexible pipe in accordance with the standards and as directed by the Engineer. Crushed stone shall be paid for under Item No. 39. Concrete pipe shall be used for trunk sewers and PYC pipe for catchbasin leads and storm laterals. Connection of catchbasin leads and storm laterals to the new trunk sewer shall be by manufactured tees or an approved coring method (C-lll). The unit price bid under these Items shall include for connecting new storm sewer to existing storm sewers and maintenance holes. The unit price bid shall be deemed to include the cost of a closed circuit television inspection of the completed trunk sewers, in accordance with OPSS No. 409. CATCHBASINS AND MAINTENANCE HOLES - ITEMS NO. 18 TO 22 Structures shall be installed in accordance with Municipal Standards C-I0l, C-I02, C-I03, C-I04, C-I13, C-114 and OPSD 400.010. Compacted sand backfill shall be placed around the structures to the dimensions indicated. The unit price bid under these Items shall include for the following: · Placing a minimum of three rows of adjustment units and a maximum of 300 mm of adjustment on each maintenance hole or maintenance hole/catchbasin. All catchbasins shall be fitted with sumps. Maintenance holes shall be benched. Catchbasins and maintenance holes shall be fitted with frames and covers in accordance with OPSD 400.010 and Municipality ofClarington Standards C-I13 and C-114. All structures shall be constructed to the level of base course asphalt on Church Street and St. George Street. 'J ] ] l J 1 ] J ] J J ] J ] ] J ! J l L L l L L L L L L' l L L L L L l L L l SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 5. REBUILD 1200 mm DIA. PRECAST MAINTENANCE HOLES - ITEM NO. 23 The existing sanitary maintenance hole at the intersection of Church Street and Lambert Street shall be adjusted to the proposed grade. The following is included: Remove, salvage existing frame and grate. Sawcut maintenance hole approximately 0.6 m below existing grade. Remove and dispose of concrete. Minimum of 3 precast concrete adjustment units. Replace salvaged frame and grate and set to binder course asphalt level. Clean all construction debris from maintenance hole. ADJUSTING CATCHBASINS AND MAINTENANCE HOLES - ITEM NO. 24 Payment shall be made under this Item for the adjustment of the Bell Maintenance Hole and Water Chamber at the intersection of Church Street and St. George Street. Precast concrete units shall be used for structure adjustments. Adjustment of new structures shall be included in the price of the structure. 100 mm DIA. PVC SANITARY SERVICE CONNECTIONS (provisional) - ITEM NO. 25 Reference: Contract Drawings, S-301 and S-401 Payment shall be made under this Item for the supply and installation of 100 rom dia. PVC SDR 28 sanitary sewer laterals which have to be replaced because of conflict or trenching operations. Granular 'A' material shall be used for embedment with Granular 'B' Type I backfill. Where existing sanitary laterals can be supported or otherwise protected, the Contractor shall be expected to undertake all necessary precautions to do so. No work shall be carried out under this Item without the authorization of the Contract Administrator. SA WCUTTING - ITEM NO. 28 Payment shall be made under this Item for the sawcutting of all road and entrance asphalt/concrete at the limits of road and entrance construction, at whatever depth of asphalt/concrete that is encountered. No sawcutting shall be carried out on driveways until the limits of construction on each driveway have been confirmed by the Contract Administrator. The Contractor will be responsible for protecting the sawcut edge from damage until paving. Should the sawcut edge be damaged, the Contract Administrator can request that the asphalt be re-cut prior to paving at no additional cost. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 6. '] J J ] l l J J l J J J I J ] l J J J REMOVAL OF SIDEWALK - ITEM NO. 29 Payment shall be made under this Item for the removal of concrete sidewalk as shown on the drawings. Concrete rubble and asphalt resulting from sidewalk removal shall be disposed of off the site at a location arranged for by the Contractor. Included under this Item is removal of concrete in driveways. Sawcutting of concrete driveways shall be paid for under the Sawcutting Item. Payment shall include for sawcutting as required at all other locations. REMOVAL OF CURB AND GUTTER - ITEM NO. 30 All rubble resulting from curb and gutter removal shall be disposed of off the site at a location arranged for by the Contractor. The unit price bid shall include for sawcutting as required. The extent of removal shall be agreed with the Contract Administrator. Included under this item is the removal of curb from the school, the medical centre and at #7 St. George Street. REMOVAL OF CULVERTS AND SEWERS - ITEM NO. 31 Backfill to excavation resulting from culvert and sewer removal, which is below subgrade level, shall be approved native material. Pipe shall be removed from the site and disposed of at a location arranged for by the Contractor. Each pipe removed shall be inspected for lateral connections: Any existing lateral connections are to be connected to the new storm sewer system. The unit price bid shall include for plugging the ends of sewers which are to remain with 20 MPa concrete. REMOVAL OF CA TCHBASINS AND MAINTENANCE HOLES - ITEM NO. 32 All frames, grates, covers and concrete rubble resulting from structure removal shall be disposed of off the site at a location arranged for by the Contractor. Void left by structure shall be backfilled with approved native material. GEOGRID, TENSAR BX 1100 (provisional) - ITEM NO. 33 Payment shall be made under this Item for the supply and placing of Geogrid Tensar BXII00 or equivalent as manufactured by Tensar Earth Technologies. Geogrid shall be placed at subgrade level where directed by the Contract Administrator. L L l L L L L L L l L L L l L L l L L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 7. STREET TERMINATION - ITEM NO. 34 The price bid for this Item shall include for all labour, materials and equipment to install dead end barricades in accordance with Drawing C-40 I at the east limit of Church Street, as identified on the Contract Drawings. TOPSOIL (IMPORTED) - ITEM NO. 3S Screened topsoil shall be placed to a minimum depth of 100 mm. Subsection 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 +/- 2 ppm. The potassium level shall be 235 ppm +/- 30 ppm. The soil shall have a base saturation of calcium of 75%, +/- 10%. The base saturation of sodium shall be a maximum of 0.5%. The pH level shall be between 6.0 and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. Payment for this testing shall be included in payment under the topsoil item. If the topsoil does not meet all of the fertility elements the soils shall be treated with the required amendments as recommended by the topsoil analysis report. SOD (NURSERY, UNSTAKED) - ITEM NO. 36 Subsections 571.07.05, 571.08.01 and 571.08.02 ofOPSS 571, November 2001 is amended by the following: Replace "30 consecutive Days" with "120 consecutive Davs". Contractor should note that for the purpose of calculating consecutive Days, the winter dormant period shall be excluded (see Table No.1, OPSS 571). Clarington is considered to be in the 'Southern Ontario' area and the winter dormant period is from November 1 to April 30, inclusive. Payment shall be made for 50% ofthe quantity placed once deficiencies have been corrected from initial inspection and the remaining 50% shall be paid once all deficiencies have been corrected following final inspection at the end of the maintenance period. The Contractor shall be responsible for the full cost of replacing deficient sod as determined by the Contract Administrator. TREE PLANTING - ITEM NO. 37 Payment shall be made under this item for the supply and installation of plants in accordance with the Contract Drawings. All planting and related work shall be done by experienced, qualified personnel under the direction and supervision of foremen with at least five (5) years of horticultural and planting experience. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 8. All trees shall be nursery grown, true to type and structurally sound, with straight trunks and leaders intact, and be well and characteristically branched for the species. Root balls shall not be cracked, broken, or damaged. All plants shall be free of disease, insect infestation, rodent damage, sun scald, frost cracks and other abrasions or scars to the bark. They shall be densely foliated when in leaf and have healthy, well developed root systems. Plant names shall be in conformity with that accepted in the nursery trade. Substitutions for the specified plants will not be accepted unless approved in writing by the Contract Administrator. The Contract Administrator reserves the right to reject any plant material, whether planted or not, which does not conform to the specifications. Do not remove any labels from plants until they have been inspected and approved by the Engineer. All debris, clay lumps, roots and stones over 50 mm in diameter and other extraneous matter shall be removed from excavated soil to be used in backfill and disposed of off site. Shredded bark mulch free of any granular and organic material will be applied over planting pit areas of trees and throughout shrub beds in accordance with the Contract Drawings. A sample of the mulch to be used shall be submitted to the Engineer for approval. Maintain all plant material and assume full responsibility for protection of all planted areas until final acceptance of all project work. Keep planted areas free of weeds at all times. Remove all debris, broken branches, etc., and maintain planted areas in neat condition at all times. Water plants as necessary with sufficient quantities to moisten the entire root system. Submit a written warranty to the effect that all materials and workmanship be guaranteed for a period of two (2) years following project completion. Under the direction of the Contract Administrator, all plants that are dead or not in a healthy, satisfactory growing condition, or which in any way do not meet the requirements of the specifications, shall be promptly replaced by the Contractor at the Contractor's expense. All required replacements shall be as originally specified. The warranty on replacement plant material shall be extended for a period equal to the original warranty period. Final inspection of all plantings shall be made at the end of the specified warranty period. Stakes and all staking material shall be removed at the end of the warranty period. The Contract Administrator or Owner reserves the right to extend Contractor's warranty responsibilities for an additional year if, at end of initial warranty period, plant condition is not sufficient to ensure future health. MISCELLANEOUS LANDSCAPING - ITEM NO. 38 Payment shall be made on a time and material basis for work not covered elsewhere in the Contract. The work shall include but is not limited to the following: Adjustment of concrete unit retaining wall as required in front of #2 St. George Street. Remove, salvage and relay brick pavers in private walkway at #5 St. George Street in accordance with OPSD 561.010. Excess salvaged brick pavers shall remain the property of the home owner. Remove, salvage and relay brick pavers on concrete base in boulevard at Church Street and Liberty Street intersection in accordance with OPSD 561.020. Supply of new concrete pavers if salvaged pavers are not a4equate. No work shall be carried out under this Item without the authorization of the Contract Administrator. 'J ] J 1 J l J ~ J J J J I ] ) l I J J l L L L L L L L L l L L L l L L L L l SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 9. HL-8 BLEND CLEAR STONE BEDDING WITH GEOTEXTILE (provisional) - ITEM NO. 39 Payment shall be made under this Item for the following work in connection with storm sewer installation: Excavation of unsuitable materials below standard bedding depth Disposal of surplus excavated materials off the site of the works. Supply and placement of Geotextile Terratrack 24-11 as wrap to clear stone. Supply and place 19 mm clear crusher run stone bedding to depths as directed by the Contract Administrator. ASPHALT CEMENT PRICE ADJUSTMENT ALLOWANCE - ITEM NO. 40 Payment shall be made under this item for payment adjustment for asphalt cement placed in the Contract in accordance with Clause No. 33 of the Special Provisions - General. PART 'B' - SANITARY SEWER AND APPURTENANCES SANITARY SEWER AND APPURTENANCES Reference: .1 Construction of all sanitary sewers and appurtenances in accordance with the Regional Municipality of Durham Construction Specifications for Regional Services - Revised April 2006. .2 Contract Drawings and Details for Contract No. CL2007-22. 100 mm DIAMETER PVC SANITARY SERVICE CONNECTIONS (provisional) - ITEM NO. 2.03.01 Reference: RMDCS Section 02530, Contract Drawings, S-301 and S-401 Payment shall be made under this Item for the supply and installation of 100 mm dia. PVC SDR 28 sanitary sewer laterals which have to be replaced because of conflict or trenching operations. Granular' A' material shall be used for embedment with Granular' B', Type 1 backfill. Where existing sanitary laterals can be supported or otherwise protected, the Contractor shall be expected to undertake all necessary precautions to do so. No work shall be carried out under this Item without the authorization of the Contract Administrator. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 10. REMOVE EXISTING - COMPLETELY - ITEM NO. 2.04.01 Reference: Include: OPSS 510 and Contract Drawings .1 Excavation to grade required and disposal of surplus materials. .2 Removal and disposal off site of existing structure complete. .3 Existing frames and covers removed are to become property of the Contractor and disposed of at his expense. .4 Backfill with approved native material and compaction. SANITARY SEWER MAINTENANCE HOLES - ITEMS NO. 2.04.07 A AND 2.04.07B Reference: Include: RMDSS Section 02631, Contract Drawings and OPSD 701.010 .1 Reconnection of existing sewers as required. .2 Supply, place and compact 300 mm Granular 'B', Type 1 all around structure up to subgradelevel. .3 Setting of frame and grate to binder course level. PART 'c' - WATERMAIN AND APPURTENANCES W ATERMAIN AND APPURTENANCES Reference: .1 Construct all watermain and appurtenances in accordance with Regional Municipality of Durham Construction Specifications for Regional Services - Revised April 2006. .2 Contract Drawings and Details for Contract No. CL2007-22 W A TERMAIN PIPE - ITEM NO. 3.01.01 AND 3.01.02 References: Note: RMDCS Section 02511 and OPSS 701 All thrust/surge protection on PVC pipe in accordance with RMD Standard Drawings shall be by mechanical restrainers in combination with granular thrust blocks. Mechanical restrainers shall be in accordance with Standard Drawings No. S-431 and S- 433. Concrete thrust blocks are not permitted on PVC watermain pipe. Replacement of water services to the School shall be to property line. Water services to the Medical Centre are have recently been installed, so replacement is required only as necessary to make connection to the new watermain. REMOVE EXISTING VALVE AND BOX, C/W CONCRETE PLUGS - ITEM NO. 3.02.04 Reference: OPSS 510 'J J J ) l l ] J J J I J I J I J I I J L L L L L L L L L L l L L L L L L L L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 Include: 11. .1 Excavation to grade and disposal of surplus material. .2 Removal and disposal off site of valve box and valve. .3 Backfill with native material and compaction. STONE FOR EXTRA DEPTH BEDDING (HL-8 BLEND CLEAR CRUSHED STONE) - ITEM NO. 3.02.14 Reference: Include: RMDCS Section 01210 .1 Extra excavation of unsuitable native materials below standard bedding depth and disposal of surplus materials. .2 Supply, placement and compaction ofH.L.-8 clear crushed stone. Stone shall conform to the gradation requirements of 19 mm Clear Stone, Type 1 as specified in OPSS 1004 except that the stone shall have 100% crushed materials and shall not contain any recycled materials. GATE VAL YES AND VALVE BOXES - ITEMS NO. 3.03.01 AND 3.03.02 Reference: Include: RMDCS Section 02511, Contract Drawings and RMD Details S-408 and S-435 .1 Supply and installation of resilient seat gate valve and valve box in accordance with RMDSD S-408. .2 Excavation, blocking, backfilling and compaction. .3 Tracer wire arrangement in accordance with RMDSD S-408. .4 Supply and installation of cathodic protection in accordance with RMDSD S-435. .5 Adjustment to level of binder asphalt course. NEW HYDRANT WITH STORZ PUMPER NOZZLE - ITEM NO. 3.04.01 Reference: Include: RMDSS Section 02511, RMD Detail S-409 .1 Excavation to grade and disposal of surplus materials. .2 Supply and installation of hydrant, anchor tee and resilient seat gate valve and box and including any hydrant extension and/or valve box and rod extensions as shown on the Contract Drawings. .3 Supply and installation of filler piece WM pipe regardless of length. .4 Supply and installation of mechanical restrainers. .5 Cathodic protection as per S-435. .6 Backfill with approved native material and compact. TEMPORARY FLUSmNG HYDRANT - ITEM NO. 3.04.03 Reference: Include: RMDCS Section 02511, RMDSD S-409 .1 Excavation to grade and disposal of surplus materials. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 12. J J J ] J ] l 1 ) ] I I 1- h J I J I ~ t .2 Supply of temporary hydrant as specified on the Region's Approved Manufacturers Products List, except that the Storz pumper nozzle and inner workings of hydrant will not be required. .3 Complete installation of piping, hydrant, blocking, restrainers as per S-409 and removal upon completion. .4 Supply and installation of all other materials as required. .5 Backfill with approved native material and compaction. Note: .1 Hydrant shall remain the property of the Contractor. REMOVE AND SALVAGE EXISTING HYDRANT - ITEM NO. 3.04.05 Reference: Include: OPSS 510 .1 Excavation. .2 Removal and separation of valve and piping, cleaning, salvaging and transporting existing hydrant and appurtenances complete to the Orono Depot. .3 Removal and disposal off site of existing secondary valve box. .4 Supply and placement of 15 MPa concrete plug in the ends of the existing watermain that is to be abandoned in place. The minimum length of the concrete plug shall be 300 mm. .5 Backfill with approved native material and compact. WATER SERVICE CONNECTIONS Reference: RMDCS Section 02511, RMDSD S-410 General Note - A water service may be: 1. New main stop connected to an existing service pipe. 2. New main stop and a piece of copper pipe one (1) metre or more in length connected to existing service pipe or existing curb stop. 3. New main stop, new copper pipe and a new curb stop with water service box complete, connected to existing service. MAIN STOP - ITEM NO. 3.05.01 Include: .1 Supply and installation complete with saddle, union adapter, connections, etc. .2 Connection to new service pipe. .3 Cathodic protection in accordance with RMDSD S-410. CURB STOP AND BOX - ITEM NO. 3.05.06 Include: .1 Removal of existing curb stop, box and rod. .2 Supply and installation complete as per RMD Detail S-410. .3 Stainless steel rod with brass pin. l l L L L L L L L L L l L l L L l l L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 13. COPPER SERVICE PIPE - ITEMS NO. 3.05.11 AND 3.05.15 Note: .1 Water service shall be connected to existing service at street line on all streets. .2 Where lead services are encountered these shall be removed and full length of the service replaced to the house. Include: .1 Excavation to grade and disposal of surplus materials. .2 Removal of disposal of existing service pipe as required. .3 Supply and installation of pipe in specified bedding and cover including connections to existing service with required unions/adapters. .4 Supply and installation of cathodic protection. .5 Backfill with approved native material and compaction. Note: The exact locations for all new service connections shall be field confirmed by the Contract Administrator unless specifically dimensioned on the Contract Drawings. The 50 mm service pipe to the town houses north of the intersection at Church Street and St. George Street shall be tied into the existing service pipe outside of the water chamber. The unit price bid shall include for the reduction from the 100 mm dia. PVC pipe to the 50 mm copper pipe. RESTORATION WITH TOPSOIL AND SOD - ITEM NO. 3.05.23 RESTORATION WITH ASP.HAL T - ITEM NO. 3.05.24 RESTORATION WITH CONCRETE OR OTHER HARD SURFACES - ITEM NO. 3.05.25 Payment shall be made under these Items at the unit prices bid for the restoration of disturbed surfaces beyond the limits of works associated with road reconstruction. On Church Street, the limits of road construction are the road side edge of the sidewalk, or as shown otherwise on the drawings. Topsoil and sod shall be restored in accordance with the specifications for Items No. 33 and 34, Part A, Topsoil and Sod. Asphalt shall be restored in accordance with the specifications for Items No.2 and 3, Part A, Hot Mix HL-3 and HL-8. Concrete or other hard surfaces shall be restored in accordance with the appropriate Item from Part A. Item~ No. 3.05.24 and 3.05.25 shall include granular base to match existing. No work shall be done under these Items without the authorization of the Contract Administrator. RESTORATION OF SURFACE FEATURES - ITEM NO. 3.05.26 Payment shall be made under this Item on a time and material basis for restoration works (other than surface restoration) associated with the installation of water services. Such works may include removal and replacement of fencing, relocating shrubs, replanting hedges and flower beds or rock gardens. Location of all water services is not known. The extent of conflict with garden features will not be known until construction is underway. The necessity for and the extent of any work required under these Items shall be determined by the Contract Administrator. 8fECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 14. J J J J ] l J J J ) J J I l ~ J J j J No work shall be carried out under these Items without the authorization ofthe Contract Administrator. 19 MM TEST POINT - ITEM NO. 3.06.01 Reference: RMD Detail S-429 Include: .1 Supply and installation of all corporate main stops, valves, backflow preventers, copper tubing, fittings, etc. .2 Removal of all main stops upon completion of testing and flushing. .3 Supply and installation of a brass plug in locations where main stops are removed. .4 Backfill with approved native material and compaction. PART'D'-GENERALITEMS 8UfPLY AND MAINTAIN FIELD OFFICE - ITEM NO. 8.01.01 Under this Item the Contractor shall supply and maintain a field office for the sole use of the Contract Administrator as described in Clause 16 ofthe Special Provisions - General. Payment shall be made at 50% on the first Payment Certificate and the 50% balance will be paid on the Payment Certificate following issuance of the Certificate of Substantial Performance. BONDS, INSURANCE AND MAINTENANCE SECURITY - ITEM NO. 8.02.01 Reference: RMDSS, Section 01001 Include: .1 .2 .3 100% Performance and Guaranteed Maintenance Bond for 24 months. 100% Labour and Materials Payment Bond. Liability Insurance based on the Contract Price. 100% payment of this Item shall be made on the first Payment Certificate. MOBILIZATION AND DEMOBILIZATION - ITEM NO. 8.03.01 Reference: RMDSS, Section 01001 The contract price stated in the Tender Form for this Item shall be compensation for the following: .1 Security protection of the Contractor's office, plant and sorted materials during the course of the Contract. .2 Moving onto the site and setting up the Contractor's office, storage facilities, plant, etc. .3 Providing all necessary access to the project including haul roads as required and the restoration of the surfaces to their original condition after the haul roads are removed. .4 Moving off the site and removal of the Contractor's office, storage facilities, plant, etc. L l L L l L L L L L l L L L L L L L L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 15. Payment will be made as follows: 50% of the lump sum stated in the Tender Form for this Item will be paid on the first Payment Certificate; and, the 50% balance will be paid on the Payment Certificate following issuance of the Certificate of Substantial Performance. PRE-CONDITION SURVEY - ITEM NO. 8.05.01 Pre-Condition Survey shall be carried out to depict existing interior and exterior conditions of building, utilities, monuments, bridges, structural improvements, streets, driveways, sidewalks, within the area of influence of the work site and/or specified distances. The "area of influence" is that radius of distance adjacent to heavy construction, within which structures and property are subject to possible damage. The Pre-Condition Survey shall be completed on all structures, or part thereof, within 30 metres of any work, at a minimum. Additional inspections may be required, if deemed necessary by the Vibration & Noise Consultant commissioned to carry out this work. Quality Assurance A Vibration and Noise Consultant (VNC) with over five (5) years experience in loss control in urban areas shall be retained by the contractor to complete this work. The person in charge shall be a Professional Engineer Registered in Ontario. The Company shall carry Professional Errors & Omissions Insurance in the amount of $ 1,000,000,00. Procedure Immediately upon notice to proceed, all pertinent available data relevant to those applicable portions of the work and such other areas as deemed available to be Pre-surveyed is obtained by the VNC. Introduction & Notification A Letter of Introduction from the Owner is hand delivered to all properties within the "area of influence". The letter contains pertinent information regarding the proposed work and advises the identity, telephone number and name of contact person capable of answering questions or addressing complaints. This letter serves to acquaint residents with proposed construction in the area. Inaccessible Properties Should access to a premises by the Inspector be prohibited for any reason, i.e., absent owner/lessor/manager; denial of authorization; vacant; safety hazard; in such case, particulars of efforts made to gain entry are recorded on the Pre-condition Survey Summary Sheet as follows: · Time and date(s) of contact · Means of contact (in person or by telephone) SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-22 16. J J J J J l J J J J J i I' " J I J I j I . Authority (owner/lessor/manager) . Reason(s) for entry refusal or inaccessibility Photographic Documentation Photographic equipment and materials used are capable of yielding high quality negatives from which detailed enlargements may be made. Payment 100% payment of this Item shall be made on the first Payment Certificate on proof that the survey has been completed. Pre-Condition Survey Report Documentation of exterior and interior conditions of each propertylitem surveyed includes, as a mInImum: . Vintage and type of construction . Description/depiction/dimension of differential settlements (visible cracks in walls, floors, ceilings) or any other apparent structural or cosmetic damage or defect Copies of Introduction Letters, Notification Letters and Refusal Letters are to be included in the report. Completed Pre-condition Survey data is to be assembled in a formal comprehensive report, including Summary Sheet. The application of a "Pre-Condition Survey" is optional and should be reviewed for each project with the Owner. - .. - - ... - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON - CONTRACT NO. CL2007-22 ... - ... ... ... - DESIGN GUIDELINES - SECTION 900 INSPECTION/CONSTRUCTION - - - - - - - - - - - - - - - - - - - - - - SECTION 900 INSPECTION, MATERIALS AND CONSTRUCTlON-36 f 1.() 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 swrounding 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 veritY 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% Standanl Proctor or higher (granular materials). Such certification shall be in a form acceptable to the Director and shall include all supporting docwnentation 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 All 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. All storm sewers, catchbasins and manholes shall be constructed true to line and grade. Street catchbasins are to be installed in precise alignment with curb lines, and no tolerances will be pennitted. Rear yard catchbasins shall be accurately swveyed 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. .... 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 stonn 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 additionallitls are placed. .. .. .. 3.02 Backfilling operations shall follow pipe installation as closely as possible and be limited to 75 metres of open trench maximum. .. .. .. ... .. .. .. - ... ... - - - .. - .. .. .. .. - - - INSPECTION, MATERIALS AND CONSTRUCTlON-38 ( 3.03 The Geotechnical Engineer shall document all tests, including failures and retests, in sequential order, continuously throughout the project. A copy of all test results sball 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 sball ensure that the subgrade is fine graded to the correct width, and that the minimum 3% crossfall is consistently maintained, with no longitudinal ruts permitted. The Geotechnical Engineer shall employ appropriate testing measures 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 cwbs 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 MT.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 lIIIIi! INSPECTION, MATERIALS AND CONSTRUCTlON-39 MIl ( 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. MIl 4.03 Curing compound sba1l be generously applied to all exposed concrete surfaces, regardless of ambient temperatw'es or season, between I and 2 hours of finishing. MIl 4.04 All curbs to be placed using approved curb machines. Excess concrete fonned 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. .J. 4.06 The depth of top curb at the edge of pavement shall not be less than lOOmm and shall be continually verified by the Consulting Engineer. ... 4.07 Immediately prior to the placement of top curb or sidewalk, the existing surface shall be dampened with water to prevent leaching of moisture from the fresh concrete. /'1 ... 4.08 Driveways to be as per approved house siting plans, with minimum widths of 4.6m for single detached homes. ... 5.0 ASPHALT PAVEMENT II1II 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. . .. .~ lIII 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 0310.08.04.02 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. .. .J .Ii ~ .. .. .. .. INSPECTION, MATERIALS AND CONSTRUCTlON--40 ... .. 5.03 ... 5.04 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. .. Each manhole is to be precisely raised to final grade, and verified by the Developer's Consulting Engineer and Municipal staff .. Tack coat shall be applied just prior to surface paving operations and shall be allowed to dry until it is in a proper condition of tackiness. The length of roadway prepared shall be limited to the immediate paving section, to reduce tracking. It shall be evenly applied at the rate of 0.4 litreslsq. m taking care not to spray cwbs, 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. HLJA (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. - .. (t.O TOPSOIL, SODDING AND SEEDING .. 6.0 I All areas requiring sod shall first be fine graded, inspected by the Consulting Engineer, then prepared with 100mm o"f 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, if required, shall be fertile, loamy, screened material of a quality acceptable to the Director (containing approximately 4% organic matter for clay loams and 2% minimum organic matter for sandy loams with acidity range of 6.0 PH). Topsoil infested by the seeds of noxious weeds will not be acceptable. ... .. - 6.03 All sod shall meet the requirements of Ontario Sod Grower's Association No. I Bluegrass Fescue Nursery sod. The sod shall be taken from good loamy soil and shall be healthy, well permeated with roots, have uniform texture and appearance and be free from weeds. Sod must be laid within thirty-six (36) hours of being 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 .... - ... IIIIIIi " . INSPECTION, MATERIALS AND CONSTRUCTlON-41 ... 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 swface 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 esublish immediately, it shall be removed and replaced. No attempt shall be made to try to re-establish weak/dead sod through continual watering, unless specific permission is granted by the Director. The entire wort shall be done in a thoroughly workmanlike manner with an even surface, and professional in appearance. Any sod deemed unfit by the Director shaU 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 fJrSt 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. ... - IICl lIIIIi "- ,JIIIi .. "" .. ..... -' '''i III !! .. .J .. - .. .. - .. .. 0. .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-22 - - - .. .. - ... STANDARD DRAWINGS - - - ., - lilt ... - rf .. IIIlII IIIIIf, ... III .. III ., .. ... ... III ... .. .. .. - - PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2007-22 ST ANDARD NO. DESCRIPTION .. OPSD- 400.010 - 401.010 404.020 561.010 561.020 701.010 701.021 703.021 704.010 708.020 .. - ~ .. C-I0l 102 104 105 108 109 110 III 113 114 301 302 305 307 309 311 401 - - - .. - S - 301 302 .. 401 407 - 408 - 409 410 422 - CAST IRON SQUARE FRAME WITH SQUARE OVERFLOW TYPE DISHED GRATE FORCATCHBASmS CIRCULAR CLOSED OR OPEN COVER FOR MAmTENANCE HOLE ALUMmUM SAFETY PLATFORM FOR CIRCULAR MAmTENANCE HOLE mTERLOCKmG CONCRETE PAVERS ON GRANULAR BASE INTERLOCKmG CONCRETE P AVERS ON CONCRETE OR ASPHALT BASE 1200 mm DIA. PRECAST MAmTENANCE HOLE MAINTENANCE HOLE BENCHmG AND PIPE OPENmG DETAILS PRECAST CONCRETE Twm mLET FLAT CAP, 1500 mm DIAMETER MAmTENANCE HOLE AND CA TCHBAsm PRECAST ADJUSTMENT UNITS SUPPORT FOR PIPE AT CA TCHBAsm OR MAmTENANCE HOLE 1200 mm PRECAST CONCRETE MANHOLE 1500 to 3000 mm PRECAST CONCRETE MANHOLE SINGLE CA TCHBAsm DOUBLE CA TCHBASIN STORM SEWER TRENCH BEDDING PVC STREET CA TCHBASIN CONNECTION HOUSE SERVICE LOCATIONS PVC STORM SEWER SERVICE CONNECTION ROUND MANHOLE FRAME AND COVER BEEHIVE CA TCHBASIN FRAME AND COVER PERFORATED PLASTIC SUBDRAINS STANDARD CURB AND GUTTER CURB AND GUTTER DET AIL AT CA TCHBAsm CONCRETE SIDEWALK DRIVEWAY APPROACH FOR RESIDENTIAL DRIVEWAYS SURFACE PAVEMENT JOINT TREATMENT STREET TERMINATION DETAIL SANITARY SEWER HOUSE CONNECTIONS SANITARY SEWER RISER CONNECTIONS FOR RESIDENTIAL, INDUSTRIAL & COMMERCIAL DEVELOPMENTS SANITARY, STORM AND WATER (MAIN AND SERVICE) TRENCH BEDDING DETAILS SUPPORTS FOR W A TERMAIN, SEWERS, PIPING AND CONDUIT CROSSING TRENCHES 100 mm to 400 mm GATE VALVE, VALVE BOX AND TRACER WIRE ARRANGEMENT FOR PVC OR CPP W A TERMAIN HYDRANT ASSEMBLY WITH MECHANICALLY RESTRAINED JOINTS 19 mm AND 25 mm COPPER WATER SERVICE DEFLECTION OF W A TERMAIN UNDER SEWER ... .,..i .. ... .. ... ~ .. ~ . ... IIIIIli .. .. ~ ... ... III IIlIII ..i .. .. ST ANDARD DRAWINGS CONTRACT NO. CL2007-22 .. - STANDARD NO. .. S - 429 431 433 .. 435 442 .. .. t.t .. -- .. - .. .. .. - .. - 2 DESCRIPTION 19 mm TEST POINT BY-PASS JOINT RESTRAINING LENGTH FOR PYC PIPE THRUST BLOCK FOR PYC W A TERMAINS FOR HYDRANT RUNOUTS, TEES AND DEAD ENDS CA THomc PROTECTION FOR TRACER WIRES ON PYC PIPING AND FITTINGS FOR COMMERCIAL, INDUSTRIAL AND MUL TI- RESIDENTIAL CONNECTIONS (DOMESTIC AND FIRELINE) ... .. .... ..... ... 'JIIIi ... ... ~ ... fill ... .. ... ... .. III .. II .. .. - -. .. - .. ... ~ .. .. - - - .. .. .. - - ~I'~J Y o 7 ~_, - ,cc g" Sl g, ::, -I ~ n I-w~ u w (/) v09 o c a. '" - to '-ZOI+WI-l 1- vOZ I +10 LI I SO I I I SOL 1- n li tOl to of) N t ~~ ~l --I SZ LI I ~Z9 LS9 m 11-L1 If) D I-zr - If) D:;; o <( '" <Xl <Xl n J. I 19~ SZ zr4 L1:;; N o --1 N o " of) v v m oza z j Q.. <Xl n <Xl 0:: <( I N <( of) z j <(Q.. W ~ 4: ~ u.. 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""00 ..... 0000 00 "U .... C Q) 0 > OOQ. [ .....~ .~ o J .::L. o ~ Q) "U 00 .... Q) ..... ..... ::I 01 "U C 01") .Q Q) .... ..... ::I 0 OZ . v I") Q) o a::: z ::s c ::::> o () -i5 :I: .Q I.&J ~ > .... o "U .... o > ~ ::l o m ~. l>. t1 .. v. (I) W I- a z...... N I") -' <{ o z > a a:::: a.. 0 N 0 . I I ~ I I (0 I I Ii) t I t I C I t (/) I t 0.. I I 0 I I I I V>l.&J 0::: V> l.&J< >m < 0..1- .....J l.&J< I-:I: l.&JQ.. 0::: V> u< z 00::: uO a a:::: ~ z a C)l.&J Zl- _l.&J ~O::: Uu OZ .....JO O:::U l.&J I-Z ~O <( Tapered top See olternative C Riser sections os required ~ Monolithic base with inlet and outlet openings to suit See alternatives A and B Bench or sump os specified JOOmm. Granular bedding ,....... , T yp -1 ~ . [L~ ~d-:~ ;;~~~~..:.:.:~ NOTES: 1 The sump IS measured from the lowest invert. A Granular backfill shall be placed to a minimum thickness of 300mm all around the maintenance hole. S Precast concrete components according to OPSD-701.030, 701.031, or 701.032. C Structure exceeding 5.0m in depth to include safety platform according to OPSD-404.020 o Pipe support according to OPSD- 708.020 E For benching and pipe opening details, see OPSD- 70 1021. F For adjustment unit and frame installation see OPSD-704.010. G All dimensions are nominal H All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING PRECAST CONCRETE MAINTENANCE HOLE 1200mm DIAMETER .. ... .. G .: JOOmm Note 1 ~ . .I <Z _ o. , .. '7.': . "". . '" '.' ,. '::Y" _. ." _. ,- . .....- L'~-' '-"'~~-"--'-''';;'-,-:L:':''~.J Granular bedding tl'II SUMP DETAIL AL TERNA liVES IIIllIi Battom riser section with inlet and outlet openings to Bench or sump as specified .. ... 01200 ;. r ..'4. .' ., L_~___:.....____4!..-.J Gronular bedding .. A PRECAST SLAB BASE ... Bench or sump os specified ... 'i,. Riser section 1150 ~ II 150 f 275 .. ., ..4 6 . 6 . . .d JOO r. ".' ...-. "..'.'t Ste~::f:rc:~e:t~~~ ~nular os specified bedding B CAST -IN-PLACE BASE .. .. Riser sectoon III cop .. C PRECAST FLAT CAP Nov 2004 '" "j OPSD 701.010 . .. - 6. Dead end .. - ... - - - - .. - o mox 0/2 min . ."':: - - 7. Wye connection 8 45" bend Section m,n MAXIMUM SIZE HOLE IN THE 'WALL IN PRECAST RISER SECTIONS Maintenance No. 1-4 No.5 & 6 No.8 No.7 Hole Diameter Inlet Hole Outlet Hole 1200 700 860 780 700 860 1500 860 1220 960 860 1170 1800 1220 1485 1220 1220 1485 2400 1485 2020 1760 1485 2020 3000 1930 2450 2300 1930 2450 3600 2195 3085 2730 2195 3085 NOTES: - .. - - A Concrete for benching to be 30MPa. 8 Benching to be given wood float finish, channel to be given steel trowel finish. C Benching slope and height to be os specified. o All dimensions ore nominal E All dimensions ore in milimetres unless otherwise shown. - ONTARIO PROVINCIAL STANDARD DRAWING Nov 2004 - MAINTENANCE HOLE BENCHING AND PIPE OPENING DETAILS OPSD 701.021 - ... 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(1):J :TO o ..., lD ~ S'}> CD02' ;+0= -.:) <0 '-. - ::TC<1l ,-t-:):) 0<0 o!:';,-t- oo::T :) :) :) 0 Cb:!:- o -. ,-t- ,-t-\J o ::T-' ..., \J . 0 <1l Old <t..., ..., ,-t- S' o~ o 3= o~ ~ o' -:) o o 0 ,-t-- C ...,,-t- <1l::T ..., <1l lJl-~ :) 0 lJl 0 ~:) C:) C 0 <1l lJl !:';O <1l o,-t- a. :) 0 !'Jiil ~3 <1l0 x'< Q:rr .!DCb ... ... .. .. .. .. .. VI o o 3 3 3 S' .. OO+300mm .. ~ .. Ul 1"'1 () :::! o z ~i:,1f~fJ: . ~':..; ..'~':'" -, '~~:~~:~'~.:~;'.:~ .. L300mm min .. ... .... .. .. .. .. .. - .. - WIN. ONE AO.lUSn.tENr UNrr. MAX. JOOnwn J t:!QID 1 All precast components to be from approved suppliers_ 2 Pipes must not enter at 0 manhole section joint. 3 Lift holes to be completely filled with mortar before backfilling_ 4 Aluminum manhole steps os per OPSD 405.020. 5 Precast flat top design only os approved. 6 For manhole depths greater than 5.0m safety grates required. 7 Max. spacing between safety grates is 4.5m. 8 For depths greater than 7.5m manhole to be custom designed. 9 For benching detail see OPSD 701.021 (use pipe dia. + 100mm for max hole size). 10 Compacted sand backfill within 1.0m of manhole. 11 Semi-cast manholes to be individually designed and approved. - .. - - - - JOWPo CONCRETE IlEHCHI<<; 7~ OF 1llmm CRUSHER RUN lAtESTONE (COWPACTED) ON S1RtJC'TUfW.1.Y SOUND CROUNO ... - .. - - ... - .... ~ i :.' .. All dlmen.1oM 0,.. In mIIImetra. un~.. otherwt.. noted. of Clarin on .. .~.. '. ...~ FlW<< N<<) CO'.{R ~ PER C-113 COHalETE eN> UOIlTM lOP N<<) BOmlI,l ROWS ONlY (1oWlUrACr\JRER'S SEItNfT TAPE BETWEEN ROWS) 0UlSl0E OF IlRIClaQlI( TO RECOIE TWO ~TS OF ~ PNHT WHEN MANHOlE NOT lOCATED IN RON1ttAY PRESS srJ.I.. OR EQUlVAUNf RU88ER GASKET (WAmmGHl) POURfD CONCREfE CfWllE 10 18t .JOINT PRECAST FLAT TOP Serrices De ~ent .,... Illl. .,... Dial AI'MMD ... N'Rl. 2004 1200mm PRECAST CONCRETE MANHOLE C-l01 .... NOTES 1 All precast components to be from approved suppliers. 2 Pipes must not enter at a manhole section joint. 3 Lift holes to be completely filled with mortar before backfilling. 4 Aluminum manhole steps as per OPSO 405.020. 5 For manhole depths greater than 5.0m safety grates required. 6 Max. spacing between safety grates is 4.5m. 7 For depths greater than 7.5m. or where directed. manhole to be custom designed. 8 For benching detail see OPSO 701.021 (use pipe dia. + 100mm for max. hole size) 9 Compacted sand backfill within 1.0m from manhole. 10 Semi-precast manholes to be individually designed and approved. 1-- ~ i : ..4.... ... o o '" + ~ o ... CL ii: 3Ot.lPa CONCRETE BENCHING PRECAST BASE All dimensIons ore In mllllmetrn unl... otherwise noted. Clarin on - .. FlWAE AND COVER 1S PER C-113 CONCRETE eN> IolORTAR roP ANO 8OTlOt.l ROWS ONlY (IoWfLlFAClURER'S SEAlANT TAPE BETWEEN ROWS) -- .. 0IJTS10E Of BRICKWORK 10 REa:M 1WO COATS Of IlIT\...ous PAINT WHEN MANHOlE NOT LOCATED IN RON:NIAY IlIIII .. .. PRECAST 1R.'HSIT1ON SlA8 PftESS ~ OR EQU1V~ RUIl8ER GASKET (WAmmGHT) .... ... ... .. .. .. 75mm Of" 19mm CRUSHER RUN UIIES10NE (COMP~) ON STRUCTIJRALlY SOUND GROUND .. - '., .. till .. .. Engineering Services Department IDISlON NO. ", 1500 TO 3000mm PRECAST CONCRETE MANHOLE IDISlON o..lt C-102 till .. .. ,. ~ CATCH 8ASlN I ...~ 1-+~1 ~... t I 115 ,==1}... - .. -. .. ..e:::.:!:s;:~.=- S;'~. . '. L 200mm SOU) M.l ~ PIPE '. .. D 011 .- . .. ~' .~: ..;.. - -- A . . ..'" . .-':". '. .~:- .. ~... ".-:--~ -~_J:'1.<.:....j_~~ .: ..!:!:~. ... SECTION A-A 75mm Of 1lknm CRUSHER RUN l.JMEST'OHE (COWAC1'ED) - SECTION 8-8 - 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. B .. PLAN - 4 5 Invert of sub-drain and the obvert of catch basin lead ore to be level. Uft holes to be completley filled with mortar before backfilling. - E Sernces De ~ent '- __ ID. -- ... SINGLE CATCH BASIN C-104 - ... ... 115 840 610 FI 115 ~r- I ... 1700 :-1r 610 WORTAA ... . ..- 1 . .. t.. ." ... '. .' ., .: ~~ 100mm PERfORATED SU8llIWNS .. i..:. 250mm SOUO WAll. P.-c PIPE 0,--..., I \ I , , I \ I , , ...._-~ 2SOmm SOUO WAll. P.-c PIPE ... .' . ~ o ... .. :. -..;. .' ~, .' . - .~ ..... ... '. ' -. .# . , "'~"~'-"':~_-"~:;'~'_""'.J:" Z_.. --. ..... ," . 150 .--:..:.-.........." -~: ..,.. .... ~~ .:~.::.:.~-;~..:~...~/...<...;..... ...~. " ~.:....~~.'~~}:.~l:-.~:~.~:~.~.>.~ .S:11O: A-~ (~OF'_~._~ .SECTI~~ :~B"~.:. .... LJWESrotlE (COMPACTED) ... ., .. A iii B 8 .. BEAM .. A NOTES PLA.N 1 All precast components to be from approved suppliers, 2 Compacted sand backfill within 0.3m of catch basin. 3 Refer to C-l09 and C-305 for additional details. 4 Invert of sub-drain and the obvert of catch basin lead are to be same elevation. 5 Lifting holes to be completly filled with mortar before backfilling. -- .. III All dlmeMIon. an In mIII1metrn un'- oftMnr... nohd. ... Cl n Sernces De ~ent DOUBLE CATCH BASIN __ NO. __ DIft .. C-l05 .. - - - _. - - - - cowPACTED 111 mm alUSHER RUN Ul.lESroNE lI8X SPO - ... ... - ... ... - - ... . COI.f>AC1ID !We> t8X SPO :'to . . .:.':: ..... ". -.": "'.. ..: ~_.. . :.... . I~ "'.. .:"-~._-'~.'_:'(':' '-->:~':;;~' :: :, '-.:.-'~.'~ --'.' ..-.::.-;.--"~~.-_.:" --- ..... .-....: '. .- ".. - - ClASS B BEDDING BEDDING AND CLEARANCE IHSIlE PI'E DW.lETER UP to 1100 1050 NCl lAAGER d(YH) 100 150 . (YH) JOO 500 All d1menal_ OA In mIllImetrea ....... othefwt.. noted. of Clarin on Serrices De ~ent _ Mll. -QQ( - - STORM SEWER TRENCH BEDDING t JOO d t C-l0B WAHUfN;TURED SANOEIl P.V.c. SlID'[ (WA1tR11GH1) SOU) WAll P.V.c. CA1Qt lWilN lOO (s.D.R. 35) CATCH BASIN ., ..". . ... -4-'. NOTES 1 2 3 Pipe to enter catch basin at right angle 250mm dia. lead for double catch basin. 200mm dia. lead for single catch basin. Aft dlmenalone are In mIltIrIMtna un.... otherwIM notM. Clarin n Sernces De ~ent .. P.V.C. STREET CATCH BASIN CONNECTION .. .. - ,.11III .... .. ~~;. ~~~ .:-. "" - .10:'.:;'" J~~ .. ". . . .' .' ... WI .. .. .. III ..... .. .. .. ~lG. ~Qft C-l09 .. - - W o ~ W II) W o ~ W II) It: ~ ~ .. W o ~ W II) ::::E It: ~ ! ~ - C/l lOT 0 I 0 .. o~ ~I ~ ..J IW 0 Q.. tl~ W 0 19mm CRUSHER RUN UMESTONE - ~II) ~ TO TOP OF PVC PIPE AND "" W COMPACTED TO 98" SPD. ~! I/) It: SECTION A-A ~~ ~ 3: N.T.S. I I - I rp I r I I I : ----I 150 1500 I m .. STREETUNE I I A I - - URB '" GUTTER MN&lOLE STORM SEWER - .. _ 1_ I _ --=::::::::::::C/l..:mer _ _ _ - - -~HOLE L -+ _ __ ___ _ _ ____ ____ _ _ _ _ ___ ~SANITARY ~~ ---- I I I I _ 1 -CURB '" GUTTER ____WATERt.lAlN ----------------------~------------------------~-------------------~---------------------- tljI:I -9- HYDRANT - STREETUNE .. - - NOTES 1 For storm service connection details refer to C-111. 2 For sanitary/water service connection details refer to Durham Region specifications. - - All dlm.n.lon. are In mllllm.tre. unl... oth.rwl.. not.d. Clarin ton En . eering Services De artment IE'iISlON NO. IE'iISlON am: HOUSE SERVICE LOCA liONS C-110 - .. ... tIIIIlII z ~ ~ .0:: .j ....... (,) ... .. SUTA8LE 0EPnf 10 HJJ1W FOR CONNECIlON 10 HOUSE WEEPING n.E. (.... 1.8. IWt 3.0) ... WAmmCHT PUJC l00mm CIMiHER RUN l.MS1ONE 10 lOP OF PFE 300mm SAHO COVER .. l50mm . P.V.c. (S.OA 28) PFE .. PROFILE .. OPOING 10 BE WOttlE-coRED .. fBJ) "" .V.c. lllWtCH 10 BE f1RUlY MORfMED 10 MAIN SEWER. (WATERTlGKT) .. l50nwn . lllWtCH OFF PRO.WIUFACT\JRO) TEE IIlIII lllWtCH NOT TO PROJECT -.ro SEWER ... III CONNECTION FOR SEWER MAINS 525mm~ & LARGER ..... tiQIES CONNECTION FOR SEWER MAINS 450mm~ & SMALLER t .. Service connection invert to enter main at spring line or higher. .. All dlmeMloM are In metrM unMa oftlerwIM noted. of Clarin on .. Sernces De ~ent N'NL 2004 PVC STORM SEWER SERVICE CONNECTION -""'1lCI. -..... IIoVI: ... C-111 .. - ... .. .. .. .. .. FRAME PLAN - 4.5mm t.W(. Cl.fAAANCE .. ... .. 676 63J &2. 578 .. 51 ... ... 575 667 800 SECTION A-A COVER PLAN 111 2Fm-~~rl 27 613 SECTION B-B t r ,=f NOTES 1 Allowable tolerance for dimensions of 300mm or less is :f: 3mm. 2 Allowable tolerance for dimensions greater than 300mm and up to 900mm is :f: 6mm. 3 The name of the manufacturer is to be distinctly cast in raised letters. 4 The designation .STOR~. and year of construction ore to be distinctly cast in raised letters. - .. ... All dllMn8loM CIA In mIIIInMtnt uti.... ~ nohd. n - ROUND MANHOLE FRAME AND COVER eerin Services De artment ..... MIa. ..... ... - C-113 .. 820 152 .... A - 25 ~ ~ .... (II ... ~ N .... .., ~ .., ~ " N :J GO ... C) ... on J" g - -L on ;; .. A - FRAME PLAN SECTION A-A .. 597 150 B ... U L U ~~ [JOt} ~. .. ~~oOo~~ ~ III ~OOO8 Q sf6J8 0 " (II on ~ ~\JOOOC?~ ... ~ n (/IJ ~~ .. ~ 11 r n~ B .. 19 GRATE PLAN SECTION B-B , "" All dimensions are In mllllmetres unle.. otherwise noted. on En . eering Services De artment IlE.WlION NO. .. BEEHIVE CATCH BASIN IlE.WlION D'<1E FRAME & COVER C-114 .. - ... ... - GRN<<JlAA 'A' tw:ICfll OR Af'fIR<MD EOUlVH..ENT - - - - .. ... 100mm CORRUGoQ'EJ). SlOtTED PlASTIC PIPE WITH fACroR'( ICSTAlUD fUER fASRr;. ... - ... - tiQIES 1 Subdrains are to run continuous on both sides of road. 2 All subdrains shall have suffICient grade to drain into catchbasin. 3 Subdrains are to be installed in a trench condition. 4 If additional depth road granulors used. subdrains must be lowered accordingly. 5 Proper connections are to be used when splicing sections together. - - - - AI dlnMtaakHM CIA In mIIme,," unfeu otIMnrtM not.d. En Services De artment IllleGM 110. IllleGM .. PERFORATED PLASTIC SUBDRAINS ... APM. 2004 C-30 1 ... .. IlRMWAY DEPftESSlON ... .. . . ... of," <.. ~ .... .. ., ... . ~~ .; ..... ". .. . -.'" IIIIli SlOE.WAI.J( lfDGE (sa: NOTE . .. STANDARD CURB AND GUTTER .. ASPtW.T llRMWAY DEPftESSION filii .. ~. -. - -of - "~"":.- ~~--':~'. .. .. .. -' ~: ..:". ~. of" -'''_' '-. .. - ~ - - ,. - ... . .'~ ..... .". "'. ... . -.".. ~.' '- ..." -. . '.. -- ~ :~..' .... : .... .... . '". -,,' 4.' .. .. BARRIER CURB NOTES ... 1 Concrete shall conform to OPSS specifications (30MPa, 7~ :i:1.5~ air). 2 Contraction joints every 3.0m (maximum). Saw-cuts to be 25~ of total depth. .3 Curing compound is to be sprayed on within one hour of finishing. 4 Additional width required where curb is adjacent to sidewalk. cf .. ... All dlmen8loM en In mIIlImetfw unMa oItlenrIM not~. n .. Sernces De ~ent STANDARD CURB AND GUTTER __ II). __ llIW: .. C-302 .. - .. --/1 B i: - ~~- - I A . :A - -Lt . I I - I I I I - I \ I SEE B I NOTE 2 -----~ - CURB ENOS TO lIE I.Wl( ~ (FUISH) AT lIME Of' POURING. lOP CURS TO BE IoUGNED ACCURA1B.Y WITH BASE CURB. .. PLAN 1.2m \mmwu7 AlDED wmi PRECAST .. I r,1 IIIIJ : \L I I ------- - L_ - ... .r! M lOP NfO 8CJT1tlW ROWS ONlY (WHUFICI1JRfR'S SfAUHT TAPE :.. fIE1WEDt ROWS) .... :i .,. ,~ . ,.. .~ '."' - .-. . ~, ," ". ... SECTION A-A SECTION B-B .. - NOTES For grate specifications see OPSO 400,010. 2 Stage I - temporary asphalt tiller around catch bosin including full curb. J Stage If - remove asphalt tiller and complete curb in one pour. - - All dlmeMlona ore In millime,," unIea otherwtM noted. n En Serrices De ~ent ..... lID.. ..... lMIIl - M'IlCMD .. NOM. 2004 CURB AND GUTTER DETAIL AT CATCH BASIN C-305 .. .. WIll WIll b~ Mo\lCIWtJM SPACING Of 30m BETWEDf EXPANSlOH =\ JOIfTS IHO WHERE ~ A8lITS N<< RIGID STRUC'I\JRE - - WIll ... UI 1..5 ~I .. CON1RACI1ON JOINTS (TYP.) .. 1..5 0.75 ."" ... z ::J ~ .. CL ~ Q. .. 2% . .... - -.. . -';'-':.' :-.-.~'.-.~- COIof>~ NAtM: UAltRIAl (SEE NOlES 1 IHJ 2) .. - _.-.. . . . 30mm 150mm AT 0RIVEWA'l'S .. tmES ... 1 Use 100mm compacted granular 'A' if native material is deemed unacceptable by the Municipality. 2 Subgrode material to be well compacted, then dampened immediately prior to pouring sidewalk. 3 Concrete shall conform to OPSS specifications (30MPa, 7~ i: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 to be 25% of full depth of sidewalk. 7 Surface of sidewalk to hove a broom finish. III .. fill All dlmen8lon. an In rMtrM unIea oth...... noted. n Serrices De ~ent ...,... lIQ. ... STANDARD CONCRETE SIDEWALK ...... 0111\ APM. 2004 C-307 .. - ... ... REf'ER TO APPRO\IEO HOUSE SmNG PlAN (MAX. 6.0m) ... ... ... ... - ... ... .. ... ... ... ... ... - ~'3m VERTICAl TAPER U1N.l.0m PROPERlY UN~ I E It) ,..: Z 5 STREET ...!lNE STREET UNE UMIT Of APPROACH PAVING _~ TO 8" CONCRETE SIOEWALK ..... ." :.: . . MIN. 150mm GRANUlAR "A" OR CRUSHER RUN UMESTONE(COMPACTEO) SIDEWALK SIDE OF STREET STREET UNE MIN. 150mm GRANUlAR "A" OR CRUSHER RUN UMESTONE(COlAPACTEO) COMPACTED SUBGlWlE NON-SIDEWALK SIDE OF STREET All dImensions are In mllllmetres unless otherwIse noted. Clarington Serrices De arbnent IIl'IISlON IlO. IIl'IISlON ~1[: - ... DRIVEWAY APPROACH FOR RESIDENTIAL DRIVEWAYS C-309 MSE ASPtW..T JOINT EXJSTlNG SURfACE ASPtW..T 10 BE RElolO'VED PROPOSED PAIIOolENT 100 40mm K..J AU. EDGES 10 BE PMCTED WITll A BIl\JWtOUS 00tUlSI0N SECTION A-A All dlmenalona 0... In mllllfM...... unIeaa othenrtM not.d. 10 BE ROot<MD .. .. .. .. EXJSTlNG PA\alENf .. IIllI .. .. .. .. .. ... .. EXJSTlNG PA\alENf .. .. .. .. Sernces De ~ent SURFACE PAVEMENT JOINT TREATMENT -MQ. - llIQI) .. C-311 .. - Wo-108 (900x900) NOfE 2 .. ... - - 10 BE FASTENED WI1H NUTS . BOlTS - 5Oll150 POST - 50 WlIlE . 50 DEEP ~ .... - 1.Om (mln.) NOTES - 1 This standard to be read in conjunction with OPSO 912.101. 2 Checkerboard sign as specified in Ontario Traffic Manual. .3 All hardware to be galvanized. 4 All wood members are to be pressure treated. ~ - POST DETAIL - M All d1nMM1oM are In mIImeIree unl... otherwtH noMd. n Services De artment - -- _ DGI) STREET TERMINATION DET AIL N"M. 2004 C-40 1 - 1. IN NEW SUBOMSIONS THE SANITARY SEWER AND WATER SERVICE CONNECTIONS SHAlL BE INSTAlLED IN SEPARATE TRENCHES. IN CASES WHERE THE SEPARATE TRENCH INSTAlLATION IS NOT PRACTICAl, SANITARY SEWER AND WATER SERVICE CONNECTIONS MAY BE INSTAlLED IN A C0..4MON TRENCH AS P[R OETAlL 'A'. 2 IN NEW SU8OMSIONS AlL CONNECTIONS TO THE SEWERS ARE TO BE MAD[ WITH A fACTORY MANUfACTURED T. fOR CONNECTIONS TO EXISTING SANITARY SEWERS, OTHER THAN PVC A SAOOLE CONNECTION MAY BE USED. MORTAR-ON SADDLES SHAlL BE USED ON CONCRETE PIP[ GREATER THAN 450 mm DIAMETER. CONNECTIONS TO EXISTING P\IC SEWERS SHAlL BE MADE WITH A fACTORY MANUfACTURED TEE OR AN APPROVED SAOOlE. CONNECTIONS TO EXISTING A.B.S. TRUSS PIPE SHAlL BE MADE WITH A SOlV(NT WELOED SAOQlE. A fACTORY MANUfACTURED WYE SHALL BE USED IN THE fIRST UPSTREAt.l LEG roR All SEWER CONNECTIONS. 3. 45' STRAP ON SADDLE SHAlL BE USED ON SEWERS OTHER THAN PvC PIPE. WHEN LATERAl INTERSECTS SEWER MAIN AT AN ACUTE ANGLE. THE SEWER CONNECTION SHAlL BE lAID FROM THE MAIN TO 15 m BEYOND THE PROPERTY LINE IN NEW SUBDMSIONS ONLY 5. THE END OF AlL SEWER PIPE SHAlL BE MACHINED AlL CUTTING AND MACHINE SHAlL BE DONE BY CONTRACTOR 6. A COUPliNG SHAlL BE INSTAllED AT DEAD END AND SHAlL BE PlUGGED USING A WATER TIGHT PLUG. 7. DEFLECTIONS or PIPE AT JOINTS IS NOT TO EXCEED 75 mm IE.: 150 mm MAXIMUM DEFLECTION FOR A 3 m LENGTH OF ASBESTOS CEMENT PIPE 75 mm MAXIMUM DEfLECTION fOR .18 m LENGTH Of V(TRlFIED CLAY PIP[ 8. PIPE COUPLING SHALL BE 'RING-lITE' OR EOUIVALENT. PvC SHAlL BE BELL AND SPIGOT JOINT. 9 REFER TO STD. S-401 FOR BEDDING R(QUIRO'ENTS 10. WHEN MORTAR-ON SADDLES ARE USED, A MACHINE CUT OPENING SHAlL BE IotA()[ IN THE SANITARY SEWER WITH A CORING MACHINE. 2% MIN GRADE TO 10% MAX GRADE roR 100 mm DIA PIPE IX MIN. GRADE TO 10% MAX. GRADE fOR 150 mm DIA. PIPE ALL DIMENSIONS IN MILlIMETRES EXCEPT WHERE NOTED. Dwe DATE 1981 04 REVISION NO. 11 REV DATE 2006 04 SCALE N. TS E " E N 0() X <( .. ::f X <( ::f fINISHED SHOULDER GRADE ~ or ROAD AlLOWANCE I I I SHORT LENGTH Of VC OR PvC SOR 28 / r- PIp[ COUPLING FULL LENGTH or VC OR PVC SDR 28 'A' - lAIN. 75 mm, MAX. 125 mm OBvt:RT TO OBvt:RT 'B' - MAX. 300 mm OBV(RT TD OBV(RT CONNECTION INVERT SANITARY SEWER HOUSE CONNECTIONS NOTES: 19.050 HOLE 31 750 OEPTH 'At.lPIN" EXPANSION ANCHOO INSlOE CIRCUMfERENCE or PIPE MORTAR-ON SADDLES fOR CONCRETE MAINS OVER 450 mm DIAMETER 4 PvC SDR 28 A A L-o-J 11 12. fiNISHED GRADE TOP V1EW STAINLESS 7 STEEL NUTF{ AND WASHER ----- STAINLESS STEEL · A-A' STRAP RING SEAl ACCORDING TO MANUfACTURERS SPE ClFiCA TlON SERVICE SEWER SERVICE Ur~ DETAIL 'A' COMMON TRENCH DETAIL R YlURKS DEPARTMENT SANITARY SEWER HOUSE CONNECTIONS AND SADDLES (100 mm & 150 mm PIPE) ~ PROPERTY LINE I E E ..0 No') d MIN. 75 mm, DEPTH or BEDDING BELOW PIPE OUTSIDE DIAMETER MINIMUM WIDTH Of TRENCH Be + 600 mm WITH MIN Of 900 mm OR Be + WIOTH Of SHORING + 600 mm Be Bd 8-301 ... ... ... .. .. ... ... .. .. ..... III .. .. till III III .. III III .. .. ---r---, p,~~ lliV:"'N~-r ~ 75 mm MAX. DEFLECTION FOR EVERY !i 1.8 m LENGTH OF 150 mm PIPE AND :J 150 mm MAX. DEFLECTION FOR EVERY 4.0 m LENGTH OF 100 mm PIPE .. z ~ - "- o r I I .. ~ E - o ,..; .. + . oz c 11')- o ~:::E BEDDING DETAIL AS PER S-401 00 + 600 MIN. - TYPE 1 .. - - --r ---~CrME~ ELEV~TlON =r- T- '" ~ 75 mm MAX. DEFLECTION FOR EVERY I Ul 1.8 m LENGTH OF 150 mm PIPE AND .... z 150 mm MAX. DEFLECTION FOR EVERY ~ ~ 4.0 m LENGTH OF 100 mm PIPE J ~ 45' SWEEP BEND ~ E E MIN. 2~ GRADE ~ ~ ~.:~~ ~NG DET", Ngji · AS PER S-401 UNDISTURBED GROUND MIN. 100 mm .. .. .. ~ - 22.5 PIIC SWEEP BEND FACTORY t.lANUFAClURED TEE BEDDING DETAIL AS PER S-401 19 mm CRUSHER RUN UMESTONE TO EXTEND TO TOP OF SWEEP BEND. SEE NOTE 7. .. - lYPE 2 - NOTES: 1 . RISER CONNECTIONS SHAll BE USED WHEN MAIN SEWER DEPTH IS GREATER THAN 4.5 m. FROM ~ PAVEMENT ELEVATION TO THE OBV. OF MAIN SEWER. 2. RISER CONNECTION TYPE 1 AND 2 SHAll BE USED WHEN WAllS OF EXCAVATION ARE 35' - 45' FROM VERTICAL 3. IN NEW SUBDMSIONS. THE SEWER CONNECTION SHAll BE LAID FROM THE MAIN TO 1.5 m BEYOND THE PROPERTY UNE AND PLUGGED WITH WATERTIGHT PLUG. .. - ~ SANITARY SEWER RISER CONNECTIONS FOR RESIDENTIAL, INDUSTRIAL, & COMMERCIAL DEVELOPMENTS (100 mm AND 150 mm PIPE) .. WORKS OEPARTl.tENT ~~ EE "'0 N' --------r G~-~'"~:::Tr- '" '" ~ 75 mm MAX. DEFlECTION Z Ul FOR EVERY 1.8 m LENGTH :J Z OF 150 mm PIPE AND 150 mm ~ MAX. DEFlECTION FOR EVERY 4.0 m lENGTH OF 100 mm PIPE 45' SWEEP BEND ~ ~ Z :i 22.5' SWEEP BEND SETTlEMENT JOINT FACTORY MANUFACTURED TEE 00 + 600 MIN. VERTICAl TRENCH ------I--GROUN~ ~ATlON ~--i ffi '" ~ 75 mm MAX. DEFlECTION ~ Ul FOR EVERY 1.8 m lENGTH Z OF 150 mm PIPE AND 150 mm ~ MAX. DEFlECTION FOR EVERY 4.0 m LENGTH OF 100 mm PIPE "- o WI SEE NOTE 2 ~ ~ 22.5" SWEEP BEND SETTlEMENT JOINT FACTORY MANUFACTURED TEE 00 + 600 NIN. OPEN FIELD 4. All CUTTING AND MACHINING SHAll BE DONE BY THE CONTRACTOR. 5. APPROVED COUPUNG SHAll BE USED WHEN CONNECTION IS MADE TO AN EXISTING LATERAL 6. WHEN CONNECTING TO AN EXISTING SANITARY SEWER, CRUSHER RUN UMESTONE IS TO EXTEND FROM SPRINGUNE OF SEWER TO TOP OF SWEEP BEND. All DIMENSIONS IN MIWMETRES EXCEPT WHERE NOTED. DWG. DATE: 1980 03 REVISION NO.: 11 REV. DATE: 2004 07 SCALE: N.T.S. 8-302 . . . . . 4. '.. _' ."...... 20 MPo ..4."<3:. .' ~ 5':.,. ....:., CONCRETE ..' ..... --;.A.4. .... '. CONCRETE ENCASEMENT DETAIL NOTES 1. PVC WATERIolAlN MAY NOT 8( CONCRETE ENCASED. 2. CONCRETE ENCASEMENT Of GRAVITY SANITARY SEWERS MUST EXTEND FROM PIPE JOINT TO PIPE JOINT. 3. THIS DETAIL APPLIES TO PROPOSED PIPING ONLY r--- 00 + 600 ----J I (1olIN. 900) I ~------ SAND COvER COMPACTED TO 987. PROCTOR DENSITY .. r---O.O. + 600 ~ I (MIN 900) I .- o o ..... ... ~N OR RE~FORCED CONCRETE ....N. 15 WPo DRY TRENCH 19 mm CRUSHER RUN LIMESTONE COMPACTED TO 98 % PROCTOR DENSITY WET TRENCH Hl8 BLEND Of CRUSHED CLEAR STONE CONCRETE CRADLE CLASS A CONCRETE ARCH ... ... .. REINFORCED As = 1.0% L, = 4.8 REINFORCED As = 0.4% l, = 3.4 PlAIN L, = 28 t o o '" r---OD + 600 ~ I (MIN 900) I SAND COvER COMPACTED TO 98% PROCTOR DENSITY SAND BEODING AND COvER COMPACTED IN 150 mm LAYERS TO 987. PROCTOR DENSITY ____ DRY TRENCH --- 19 mm CRUSHER RUN LIMESTONE COMPACTED TO 98 % PROCTOR DENSITY WET TRENCH HL8 BLEND or CRUSHED CLEAR STONE CLASS B CONCRETE AND CPP PIPE L, = 19 I~OO + 600, 1-00 + 600, (MIN 900) (MIN 900) I SAND COvER COMPACTED 0 TO 98% PROCTOR DENSITY 0 0 0 '" '" , -.L 1 I 19 mm CRUSHER RUN I 0 LIMESTONE COMPACTED 0 0 TO 98 7. PROC TOR 0 DENSITY 100 HL8 BLEND OF CRUSHED CLEAR I STONE WET TR_ENCH DRY TRENCH CLASS P PVC. PE AND vc PIPE SANITARY, STORM AND (MAIN AND SERVICE) TRENCH AND CONCRETE ENCASEMENT WORKS DEPARTMENT .. r-O.D. + 600~ I (MIN. 900) I I o o '" lIlii .. .. .." ...(1.. . Q .0. 'oo_ '" ... 100 ---. CLASS D DUCTILE IRON AND COPPER PIPE III LEGEND till 0.0. = OUTSIDE DIAMETER OF PIPE L, = LOAD FACTOR As = AREA OF STEEL NOTES ... 1 BEDDING MATERIAlS SHAlL BE FULLY EXTENOEO AND COMPACTED AGAINST TRENCH WAlLS. BEDDING MATERIAlS SHAlL BE PLACED AND COMPACTED IN 150 mm LAYERS 2 NO MECHANICAl COMPACTiON EOUIPMENT SHALL BE USED ON TOP OF PIPE PRIOR TO PLACING A MINIMUM OF 300 mm COvER 3 PIPE SHAlL BE BEDDED TO PROPOSED LINE AND GRADE WITH UNIFORM ANO CONTiNUOUS SUPPORT FROM BEDOING BLOCKING WITH ANY HARO OBJECT SHAlL NOT BE USED TO BRING THE PIp( TO GRADE 4 19 mm OIA CRUSHER RUN LIMESTONE TO OPSS 1010 - GRANULAR A SPEC - TABLE 2 (WHEN SPECIFIED) S HL 8 BLENO CRUSHER CLEAR STONE TO OPSS 1033 - TABLE 2 (WHEN SPECIFIED) 6 CONCRETE TO OPSS 13S0 (WHEN SPECIFIED) .. .. .. .. ALL DIMENSIONS IN MILlIMETRES EXCEPT WHERE NOTED OWG OA TE 1978 03 REVISION NO 7 REv OA TE 200S OS SCALE N IS WATER BEDDING DETAILS ... 8-401 .. - .. WIDTH Of TRENCH STEEL BEAM Of ADEQUATE SIZE 7 GROUND rElEVATlON~ TEMPORARy -.-::.:.:.J I HANGERS ---'-,./LL- 00 NOT REMOVE -.--; /L.--~ HANGERS UNTIL I v I BACKfiLLING r-o;D+600i OPERATIONS REACH ~ -lJOq- THIS POINT .. 19 mm CRUSHER RUN LIMESTONE COMPACTED TO 957- PROCTOR OENSITY - .. Z w4: OI Zl- 0 - ~cr. 0 <(W '" wI- -14: OW ZO cr. <:> -0 :::;"l .. CONCRETE SLAB 15 MPo AT 28 DAYS - NEW SEWER OR WATERaAAlN CROSS - SECTION LONGITUDINAL SECTION - CLEARANCE GREATER THAN 1200 - .. EXISTING SEWER, - -WATERMAlN. PIPING OR CONDUIT .. 0 I 9 mm CRUSHER 0 RUN LIMESTONE "" w - COMPACTED TO 957- Uz PROCTOR DENSITY I Z<( <(I .. ~o- o D. <-600+H Wv> --'v> Uw --' NEW SEWER OR .. WA TERMAlN .. CROSS SECTION LONGITUDINAL SECTION CLEARANCE LESS THAN 1200 .. ALL DIMENSIONS IN MllllMETRES EXCEPT WHERE NOTED DWG DA TE 1983 04 - SUPPORTS FOR WATERMAIN, SEWERS, REVISION NO 5 REV DATE 2002 10 SCALE N T S PIPING AND CONDUITS CROSSING TRENCHES 8-407 - WORKS DEPARTMENT FIN I SHEO GRADE 13 mm ROUND HOLE ~TH GROMMET 135 mm SLIDE TYPE ___ VAL VE BOX &: COVER TRACER ~RE E'" ~~ NO .Z X ...:.... ::;:i{ ~ EXTENSION (AS REOUlRED) 50 mm OPERATING NUT OPEN TO LEFT GUIDE PLA TE NON-RISING STEM TRACER WIRE CONNECTED TOGETHER USING A SPLIT BOlT , 10 CONNECTOR. SPlIT BOLT SHALL BE WRAPPED IN ELECTRICAL PUTTY "' , ... SLIDE TYPE ... '\ EXTENSION \STEM fiNISH EO GRADE ... - ... E'" 0.... .1- NO Z MIl X ...:.... ::;:i{ .. III .. LTENSlON ST[lA SHALL BE fASTENED TO OPERATING NUT WITH 2 SET SCREWS ... / /, / I I ~ #;.. \ \ \ \ \ \ I .. ~ TRACER WIRE I .. o '" :::- I .::: :: III 5 4 kg ZINC ANOOE SOliD CONCRETE BLOCK ISO mm x ISO mm x 300 mm NOTES VAL VE BOX SHALL BE ADEOUA TEL Y BRACED 'I'IoHILE BACKFILLING AND MUS T REMAIN PLUMB 2 VALVE BOx EXTENSION SHALL BE USED ONLY If REOUIRED 3 REFER TO -STANDARD SPECiFICATIONS FOR THE CONSTRUCTION OF WA TERMAINS- FOR PLACEMENT OF MARKER STAKES 4 VALVE SHALL BE COMPLETELY BACKFILLED ~TH 19 mm CRUSHER RUN LIMESTONE 5 WHEN THE DEPTH OF THE OPERATING NUT IS GREATER THAN 2.0 m BELOW FINISHED GRADE AN EXTENSION STEM SHALL BE USED 6 ALL INlINE VALVES INSTALLED ON PVC WATERMAIN SHALL BE RES TRAINED AS PER 5-433, UNLESS OTHERWISE NOTED 7 IF VALVE BOX IS LOCATED IN A GRAVEL AREA, A 10m x 10m x 50 mm ASPHALT COLLAR SHALL BE INSTALLED 100 mm VALVE ARRANGEMENT TO BOX FOR 400 AND PVC WORKS OEPARTMENT 1_150--1 ... 8 TRACER WIRE COATED, 7 STRANO, 12 GUAGE TW75, TWU75 OR RW90XLPE WIRE RA TEO A T MINUS 40' C 9 TRACER YIIRE SHALL BE INSTALLED OUTSIDE VALVE BOX AND BROUGHT INTO UPPER SECTION THROUGH 13 mm ROUND HOlE AND LOOPED AT TOP LOOP SHALL BE I.4INIMUM 450 mm IN LENGTH 10 TRACER WIRE SHALL BE INSTALLED IN ALL P V C AND CPP MAIN LINE VALVE BOXES 11 CATHODIC PROTECTION, BONDING CABLE AND TRACER WIRE SHALL BE AS PER S-435, S-439 .. .. .. ALL DIMENSIONS IN MILLlMETRES EXCEPT WHERE NOTED DWG DATE 1991 11 mm GATE VALVE, TRACER WIRE OR CPP WATERMAIN RE VISION NO 14 REv DATE 2004 07 SCALE N T S .. 8-408 ... - ~ HYOOANT - IT ID 0 <Xl 0 '" ATTACH TRACE WIRE UP THROUGH SPliT RING AND r ASTEN .. - ",0 ,,~ t:~ ~~ ~. / FINISHED GRADE - WRAP TRACER WIRJ ONCE AROUND HYDRANT BARREL ... ~~ 0"': wit: zC> ~o It:w WI tJ~ oZ ;;: w mw I Ot- t- ADJUSTABLE VAlVE BOX SHAlL BE SET fLUSH WITH FINISHED GRADE - TRACER WIRE COATEO 7 STRANO 12 GAUGE TW7S, TWUlS OR RW 90 XLP( WIRE RATED AT IAINUS 40.C ... 19 mm CRUSHER RUN LIMESTONE COMPACTED TO 98% PROCTOR DENSITY rMAX. 600 TRACER WIRES CONNECTED TOGETHER USING A SPLIT BOLT I 10 CONNECTOR SPlIT BOLT SHAll BE WRAPPED IN ELECTRICAl PUTTY - 150 mm GATE ... 2'10 ~r 150 mm PvC PIPE - 2'10 ~r ~JO'NTS SHALL BE MECHANICAlLY J ., RESTRAINED AS PER S-433 .. I CONCRETE BLOCK MIN 1000 150. ISO . 300 ... - CONCRETE BLOCK 200 x 200 . 300 MIN. 1 500 19 mm CRUSHER RUN LIMESTONE COMPACTED TO 98~ PROCTOR DENSITY ... 1 JOINTS SHAlL BE MECHANICAlLLY RESTRAINED. 2 BEDDING AS PER S-401 3 HYDRANT EXTENSIONS SHAlL BE INSTAlLED AT BOTTOM Of BARREl 4 ANCHOR TEL VALVE <Ie HYDRANT SHAll BE COMPLETELY BACKFILLED WITH 19 mm CRUSHER RUN LIMESTONE 5 If HYDRANT REOUIRES ACCESS ACROSS DITCH. INSTAlLATION SHAll BE AS PER S-428 6 TRACER WIRE COATED. 7 STRANO. 12 GAUGE TW75. TWU75 OR RW 90 XLPE WIRE RATED AT MINUS 40'C 7 TRACER WIRE SHAlL BE INSTALLED AT ALL HYDRANT LOCATIONS. 8 CATHODIC PROTECTION, BONDING CABLE AND TRACER WIRE SHAlL BE AS PER S-435, S-439 ... ... - - HYDRANT ASSEMBLY WITH ALL DIMENSIONS IN MllllMETRES EXCEPT WHERE NOTED owe DATE 1978 03 REVISION NO 11 REV DATE 2002 10 SCALE N T S MECHAN/CALL Y RESTRAINED JOINTS 8-409 ... WORKS OEPARTMENT ... \F1NISHED ROAD GRADE r=m.-...ro CR.OOE / r CURB STOP lOCATIONS AS PER S-445 ... ROO COPP[R SERvICE PIPE 7 TYPE 'K' / ... z ~ .. TRACER WIRES CONNECTED TOGETHER USING A SPUT BOLT I 10 CONNECTOR. .. rCRI~p END or PIPE .. NON - FERROUS WM xo "'.n " ~~ 5.4 kg ZINC ANODE ~ BRASS SERvICE GROUND CLAMP Cjw TRACER WIRE CONNECTOR SEE NOTE 'I TRACER WIRE COATED 7 STRANO, 12 GAUGE TY05. TWU75 OR RW 90 XLPE WIRE RATED AT ~INUS 40'C CORPORATION MAIN STOP (WITH APPROIlED SADDLE) MAX. 150 ~150 -l ." 50 mm x 150 mm x 300 mm CEOAR BLOCK PlACED ON UN(NSTURBED GROUND .. WATERMAIN r COPP[R SERviCE PIPE TYPE K .. .. \4.5 kg MAGNESIUM ODE ~ I I ~ IIIIiii CORPORATION MAIN STOP (WITH APPROVED SADDlE) FERROUS WM NOTES' .. 1. THE WATER CONNECTION SHAlL BE LAID rRO~ THE MAIN TO 150 mm BEYOND THE PROPERTY LINE, IN NEW SUBDIVISIONS ONLY. 2 HORIZONTAl GOOSE NECK SHAlL BE USED WHEN COlIER LESS THAN 1700 mm. 3 WATERMAlN SHAll BE TAPPED UNDER PRESSURE. 4. SERVICE GROUND CLA~PS AND SPLIT BOLT SHAlL BE WRAPPED WITH ELECTRICAl PUTTY. 5 ANODE SHAlL BE PLACED AT LEAST 1.0 m AWAY fROM THE SERviCE AND AS DEEP AS THE BOnOM Of THE SERvICE 6 ANODE SHAlL BE LOCATED BETwEEN THE ~AlN STOP AND CURB STOP 7 PLUMBING CONTRACTOR TO REMOVE TAIL PIECE AND HOOK UP TO CURB STOP 8 CATHOOIC PROTECTION. BONDING CABLE AND TRACER WIRE SHALL BE AS PER $-435, S-439 9 MINIMUM SEPARATION DISTANCE BETWEEN TAPPED COUPUNGS SHAlL BE 10 m 10 COUPLINGS SHAlL NOT BE PERMITTED BETWEEN THE MAIN STOP AND THE CURB STOP WITHOuT PERMISSION or THE REGION or DURHAM, III fiNISHED GRADE \ ,","~n"" " '" ,-"" I ~~ ,,'-... " " "" '-... " " " " " " " '-,:',,, " "" """" " ""-~ f'-~ ~ 0 z ~ .. III III LOWERING WATER SERVICES CORPORATION MAIN STOP (WITH APPROVED SADDLE) .. ALL DIMENSIONS IN MILlIMETRES EXCEPT WHERE NOTED DWG DATE 1981 04 REVISION NO: 17 19 mm AND 25 mm COPPER REV DATE 200505 SCALE N IS III WATER SERVICE 8-410 III WORKS DEPARTMENT - - - - - ... - EXISTING WA-.',\ ... 015 cj~ ocn SEWER TO BE SUPPORTED SEE DETAIL S-407 8 on VERT1CAL BEND ~ VARIABLE NIPPLE VARIABLE SOUD NIPPLE ~ SlmlE EXISTlNG WATERt.WN - - COl.fPACTEO GRANULAR BEDDING - l.fECHANICAL JOINT, DU~LE IRON RETAINER GlANDS TO BE USED ON ALL RTTlNGS ON OJ. Wl.f. fOR P.V.C. Wl.f. REfER TO NOlI 1. UNDISTURBED GROUND - COI.IPACTEO GRANULAR BEDDING l.fIN. LENGTH - 0.0. Of SEWER + 900 - - NOTES - 1. SEE DETAILS S-433 AND S-43 1 fOR l.fETliOD Of RESTRAINING JOINTS ON P.V.C. Wl.f. 2. COI.IPACTEO GRANULAR SHALL BE PLACED BETWEEN SEWER ... WATERt.WN AS PER S-407. 3. PROVIDE CATHODIC PROTECTION fOR RTTlNGS AS PER STANDARD DRAWINGS. - - - ~ DEFLECTION OF WATERMAIN ALL DIMENSIONS IN MIWMETERS EXCEPT VtHERE NOTED. DWG. DATE: 2004 07 REVISION NO.: REV. DATE: SCALE: N. T.S. - UNDER SEWER - 8-422 SADDLE- WORKS DEPARTMENT \ PROPOSED WATERUAlN MIN 600 19 mm CORPORATION SfRvlCE TEE FLOW ~ NOTES VAlVE SHAlL BE OPERATED BY REGIONAl PERSONNEL ONLY MIN 600 PROPOSED AND EXISTING WATERMAlN SHAlL BE TAPPED USING SfRvlCE SADDLE 19 mm loIA1N STOP SHAlL BE REUOVED AND REPLACED WITH A 19 mm BRASS PlUG AfTER TESTING HAS BEEN COUPLETED ~ .. .... ... \ EXISTING WATERUAIN .. ... -SADDLE ... 3: ~~ .. 19 mm TYPE -K- COPPER ... till ~ 19 mm BACKfLOw PREVENTER .. 19 mm CURB STOP MAY BE OPERATED BY THE CONTRACTOR 1 TRENCH SHALL BE LEfT OPEN AND fENCED IN ACCORDANCE WITH SAfETY REGULATIONS 2 INSULATION Of WATERMAIN BY-PASS REOUIRED DURING fREEZING CONDITIONS III till .. . .. ... .. ALL DlloIENSIONS IN MILlIMETRES EXCEPT WHERE NOTED DWG DA IE 1982 OJ RE VISION NO 5 RE V DA TE 2005 05 1 9 mm TEST POINT BY - PASS SCALE N IS 8-429 .. .. .. .. .. .. .. .. - .. .. .. ... - .. .. .. .. - - - TRENCH WIOTH RESTRAINED JOINT DETAll ,.. , 19 mm CRUSHER RUN ~. :' , '." :!IN.' JOO LIWESTON( COMPACTED _ " '@..,.., TO 98 l!; Of PROCTOR ! ' , . ' 0 0 DENSITY. -----1- . ()~ '. . . . ,-"'" MINJOO 75 SECTION A-A HORIZONTAl DEFLECTION RESTRAINED JOINT DETAIl AS PER S-433 I 9 mm CRUSHER RUN LIMESTONE COMPACTED TO 98 % Of PROCTOR OENSITY I TRENCH WlOTH I-----L- ':,',~':~'~ -~:~ . , ISO ~ CLEAR STONE fOUNDATION AS REQUIRED SEE NOTE 3 I TRENCH WIOTH I 19 mm CRUSHER RUN LIMESTONE COMPACTED TO 98 l!; Of PROCTOR DENSITY "$ 300 " MIN ',:~~, '.. 00 . ~'" .... .. -r- SECTION C-C UPWARD THRUST ~ SECTION B-B DOWNWARD THRUST VERTICAL DEFLECTION TABLE NO. 1 NOTES MINIMUM DIMENSION fOR GRANULAR THRUST BLOCKS OEfL PIP[ OtAMETER (mm) ANGLE loo&ISO 200 JOO 400 1125" 400 500 600 700 22S 400 500 600 700 'IS" 'ISO 5SO 650 750 90" 600 700 850 950 TABLE NO. 2 r MINIMUM RESTRAINING LENGTH (m) VER TICAl DEfLECTION HORIZONTAL PIPE ooWNWARD THRUST UPWARO THRUST DEfLECTION OIA (mm) 1125' 22S 'IS' 11.25' 22S 'IS" 11.25' 22S 45' 90' 100&:150 1.5 28 49 49 75 101 15 28 4.9 81 200 20 3.7 6.3 6.3 9.6 13.1 2.0 37 6.3 10.5 300 28 52 90 88 134 183 28 52 9.0 149 400 36 67 116 112 172 23.7 36 67 116 193 1 ALL JOINTS ENCOUNTERED WITHIN THE SPECifIED RESTRAINING LENGTH -l- SHAlL BE RESTRAINED ON EACH SlOE Of THE fITTING 2 GRANULAR THRUST BLOCKS SHALL BE fULLY EXTENDED AND COMPACTED AGAINST TRENCH WALLS 3 If THE BEARING CAPACITY or TRENCH BED RESISTING DOWNWARD THRUST IS lESS THAN 100 KNjm2. CLEAR STONE fOUNDATION SHAll BE PROVIDED AS OtRECTED BY THE ENGINEER 4 WHEN fITTINGS ARE PARTIALLY OR fULLY EXPOSED UNDER PRESSURE. All JOINTS MUS I BE RESTRAINED 5 All FITTING JOINTS SHALL BE RESTRAINED IN EARTH Fill APPlICAlIONS JOINT RESTRAINTS ARE NOT REOUIRED fOR STRAIGHT RUNS IN ENGINEERED fill APPLICATIONS. 6 CATHODIC PROTECTION. BONDING CABLE AND TRACER WIRE SHAll BE AS PER S-435. S-439 ALL DIMENSIONS IN MILlIM(TRES EXCEPT WHERE NOTED OWG. DATE 1991 11 REIIISlON NO: 5 REV OA TE 2006 04 SCALE: N T. S. JOINT RESTRAINING LENGTH FOR PVC PIPE (IN COMBINATION WITH GRANUlAR THRUST BLOCK) 8-431 VlOOI<S DEPARTl.4ENT ;;---- ~ MECHANICAL JOINT CAP :' ~~ b ~:i"'/ I: .:-. r / " /' I ..:;:; ~UNOISTUReEO GROUND ----../ 'L- RESTRAINED ---J --11 SO _ -=. JOINT PlAN -L - y I ..... o i I U Z w n: ..... b /:1 ....... . ... .J.,; =~- TRENCH WIDTH /11 "L" . _-II & U I ..... o ~ b ... a:: ..... ~ .. - . .. - /GRANUlAR THRUST BLOCK ~ 19 mm CRUSHER RUN 600 LIMESTONE COI.tPACTEO TO . ',... . . 98 % PROCTOR OENSITY. . ... DEAD ENDS 'L" .. -L - I~ . . . ~ ~ . : - ." ~~ . "'" - ~ . ,- ~ . ...... - - I11III 300 0.0. ... iMiMi":IfIi_ -.............. .. "';_iM! ~ ELEVATION 300 I11III ... GRANUlAR THRUST BLOCK - . ,~ ~ 19 mm CRUSHER RUN ~ ~ LIMESTONE COI.tPACTEO TO l ~ 98 % PROCTOR DENSITY 0 I' '" ....... I~-~ . ... .. J()(J F1 J O.D 75 t .r-:l . . . . I!o... I. ~ . .:. ;'!~UNOISTURBEO~;;~ON I~ ~ GROUND ~~ \ /.- RESTRAINED \ ~~ JOIN?~ ~ 11 ... I' --C TRENCH WIDTH PLAN TRENCH WIDTH ~ J~ _ i~Jt~ I' .. - . - It .... U -L- ~ !:. .' :b .. ~ ~ l.: . .... . ~ ~ r n: ..... . \ / :. ~jl,,~,'f:'~;""!j m: IWrt~ RESTRAINED '!.. JOINT I -(1 ... II TR~~:;TH PlAN NOTES 1. ALL JOINTS ENCOUNTERED WITHIN THE SPECifIED RESTRAINING LENGTH -L" SHAlL BE RESTRAINED fROIA THE fiRST JOINT ON fITTING. 2 GRANULAR THRUST BLOCKS SHAlL BE fULLY EXTENDED AND COMPACTED AGAINST TRENCH WAlLS. If TRENCH WALL ARE SATURATED OR DISTURBED. SPECIAl DESIGN DETAILS Of THRUST RESTRAINT SHAlL BE PROVIDED BY THE ENGINEER fOR REVIEW BY THE REGION. 3. GRANUlAR THRUST BLOCKS SHAlL BE ENCLOSED WITH FILTER fABRIC If GROUND WATER TABLE IS ABOVE THE TRENCH BED OR If GROUND WATER IS SEEPING THROUGH TRENCH WALLS. II b .~ RESTRAINED TEE .., . .. : =ID= ~ . ... WHERE PIPE IS TWO SIZES lARGER OR MORE TO REOIJCEO PIPE. ;.e. JOO . TO 150 . 200 . TO 100 . RE~NED REDUCER ... rr.. Irlr.. ~~t>N . - -'MAl< WV'" GRANUlAR THRUST BLOCK . ".6~ 19 mm CRUSHER RUN .. . LIMESTONE COIAPACTED TO : :" 98 % PROCTOR DENSITY. b "L- ..' '. .. ,I'. lAIN. '" 150 :11( 'hE III 0.' UNDISTURBED GROUNO . 'h: ,7 I PLUGGED CROSS 4. WHEN FITTINGS ARE PARTIAllY OR fUllY EXPOSED UNDER PRESSURE. AlL JOINTS MUST BE RESTRAINED. 5. AlL fITTING JOINTS SHAlL BE RESTRAINED IN EARTH fiLL APPLICATIONS. 6 CATHODIC PROTECTION. BONDING CABLE AND TRACER WIRE SHALL BE AS PER S-435, S-439 7 AlL SIDES SHAlL BE RESTRAINED fOR IN LINE TEES 8 JOINT RESTRAINTS ARE NOT REQUIRED fOR STRAIGHT RUNS IN ENGINEERED fiLL APPLICATIONS .. PIPE "L' lAIN. RESTRAINING OIA. LENGTH (m) 100&150 152 200 19.6 300 277 400 363 IIIIi ... ... THRUST BLOCK FOR PVC WATERMAINS FOR HYDRANT RUNOUTS, TEES AND DEAD ENDS ALL DIIAENSlONS IN MILUMETRES EXCEPT WHERE NOTED. owe DATE 1991 11 REVISION NO. 8 REV DA TE 2006 04 SCALE N TS I . WORKS DEPARTl.lENT IIIIi 8-433 IIlIIII .. - ~ vrf- f~r4 ~ .~ ~f ~~r 5,.rv cjV ,f, tI r ~ A 1".....' .f.' ~'J~ . I ~ ~ ( "f! seftl ~ 0 ~(( ~'^~~~ "'\\: lJ p( ~~ )J J ~ <<Q. p.f- ~~ 5* ~~ · (()) (f#~S .~'" r ~)) ~1?O () J r ~~ ,~"~ ~)) J 1.5 ~q r < Cl!Jt1}. ~ "'\\ ~ ""I"' (J J 1ltlC ~ (IQ'~~)) JJ J "'.,. ,~""'S'V (D ~( ~ ~ A><Jsf.~ ~~ Z'6 r P ~( pOS pfl"" :.,L p.f- ~ . ~q,Jl(Y r4C ~r f "'" )) , r'~~ Cl ~:J) q J Cl ~i\)) ~ SeD ~ ~c;f8 sfroP . 9 ~~ J pp~p!I~I'" J)) reD rJ rfJ (1'~ .. tI~ ,.pO:>" ~ D l:nIl .:..cf pvv P~~~~r papOSCro )'Isff<v'. 5(0 ~ j NOTES II jt~r P' P o(i~r(f? nOPOo.J!C( seD PI' S(I' nPO.:.A1t1 1 ANODE SHAll BE PLACED AT lEAST 1.0 m AWAY FROM ,,(I(f? pFIf(fI"" THE WATER SYSTEM APPURTENANCES AND AS DEEP AS Cor' # THE BOTTOM Of THE APPURTENANCES MINIMUM DISTANCE p.f- ~ BETwEEN ANODES SHAll BE 10m 1ttlC ..onpO eftl 2 All BONDING AND ANODE CABLE CONNECTIONS SHAll BE ~ 4 ~q( f'1'~O' D IHERMITE WELDED All THERMITE WELD CONNECTIONS SHALL ~ 5..oD 9 BE COATED WITH AN APPROVED COATING MATERiAl ~.- 3 BONDING CABLE SHALL BE NO 6, SEVEN STRAND COATED COPPER WIRE, CADWELDEO TO fITTINGS <4 5<4 kg ZINC ANODE SHALL BE SUPPLIED AND INSTAlLED IN A MANNER APPROVED BY THE REGION fOR EVERY 1000 m Of TRACER WIRE INSTALLED 5 MAGNESIUM ANODE CABLES SHAlL BE BLUE AND llNC ANODE CABLES SHALL BE WHITE 6 ONE 5<4kg llNC ANODE SHAll BE INSTAllED ON EACH RESTRAINER ~ ~' ~ -flI'OsCf ~S ~ ~~#~ ~J ... ... ... () - - - ... ... () b - - - .. 'I. .. CJ - () J 11rJG( 4 ~q ~tlOO 'J - - CATHODIC PROTECTION CABLE / FOR PVC AND CPP / BONDING TRACER WIRE WA TERMAIN SYSTEMS All DIMENSIONS IN MllllMETRES EXCEPT WHERE NOTED DWG DATE 1981 04 REVISION NO 6 REv DATE 2005 05 SCALE: N T S - WORKS DEPARTMENT 8-435 ... VAlVE RESTRAINED BY ANCHOR TEE OR RESTRAINING RODS TO WATERMAlN I ~ I I ~ '\1--.. ~ ~+--~':!~--_!. z I ... ... <( :I; II/CURB STOP LOCATION FOR WATER SERVICES <= 50 mm a:: w I ~ L +- _ .Q2!:!~S.!!f..._ __ ~ ~1 I I I I IIIIlI VAlVE LOCATION FOR WATER SERVICES > 50 mm ~ WORKS DEPAR'NENT IIIIlI ... SHORT SIDE OR LONG SIDE CONNECTION NOTES .. SIZE OF EXISTING FlREUNE 150 mm 200 mm 1. VAlVE LOCATION SHAlL BE DETERMINED BY REGION OF DURHAM. 2. CONNECTION LAYOUT SHAlL BE DETERMINED BY THE REGION OF DURHAM. 3. BLOWOFFS SHAlL BE PROVIDED AS PER S-406. 4. 19 mm DIA. TEST POINTS SHAlL BE PROVIDED ON CONNECTIONS LARGER THAN 50 mm, AND 6 METRES IN LENGTH OR IAORE. ... MAX. SIZE OF DOMESTIC CONNECTION 25 mm 50 mm lit ... I ~ I I ~ I EXISTING ~ rt FlREUNE g: zl -------!~ -I I lAIN. <( EXISTING I a:: :1;1 VAlVE Z ~O~ ~I ~~II~~~ I :I; w<~ 1-1 -81a::1-'~ <( I VAl"'-S ~I _L.:;._....., I I I I I INSTAlL ~ ADDmONAl VAlVE .. .. .. IIIiIII III DOMESTIC CONNECTION i3,~~I~I~~ ~R~~INE .. AU DIMENSIONS IN MIWIAETRES EXCEPT WHERE NOTED. till DWG. DATE: 1988 09 PIPING & FITTINGS FOR COMMERCIAL, REVISION NO.: 4 REV. DATE: 2005 05 INDUSTRIAL & MULTI-RESIDENTIAL SCALE: N.T.S. III CONNECTIONS (DOMESTIC & FIRELlNE) 8-442 III .. .. .. .. ... ... ... .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON , .. CONTRACT NO. CL2007-22 ... .. ... ... ... .. .. OPS GENERAL CONDITIONS OF CONTRACT (September 1999) .. .. ... J .J J j J .J J j .J J j j J J J J J J J ... l.. ~ ... ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS ~ III. , ... III. ... ... III. lIIIr l.. ~ l.. ... ~ GENERAL CONDITIONS OF CONTRACT i .. ... SEPTEMBER 1999 ... III. _:-oj .'- j j J J ... J J J 4 . j j j J J J J . II J J i.. .*r. ~ GENERAL CONDITIONS OF CONTRACT Table of Contents "" SECTION GC 1.0 -INTERPRETATION GC 1.01 .. - GC 1.02 GC 1.03 GC 1.04 GC 1.05 GC 1.06 GC 1.07 GC 1.08 .. ... t ! .. Captions.... ...... .......... .... ..... ............. ..... ....... ......... ..... ............................................... 1 Abbreviations.. .............. .......... ............... .............. .................................................... 1 Gender and Singular References ................ ................................. ....... ......... ........... 1 Definitions ....... ............ .......... .................. ............ ......... ......... .............................. ..... 1 Substantial Performance... ................ ............. ................... ...... .............. .... .............. 5 Completion.... -.............. ........................................................................................... 6 Final Acceptance........ ...................... ........... .......... ............. ...... ... ........... ....... ...... .... 6 Interpretation of Certain Words ...............................................................................6 Ii. GC 2.01 SECTION GC 2.0 - CONTRACT DOCUMENTS Reliance on Contract Documents... ............. ......... ..................... .............................. 7 GC 2.02 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT Order of Precedence .... ..... ............. ............. '" ............ ........... .... ................ .............. 7 ... .. GC 3.01 GC 3.02 GC 3.03 GC 3.04 GC 3.05 GC3.06 GC 3.07 GC 3.08 GC 3.09 GC 3.10 GC 3.11 GC3.11.01 GC 3.11.02 .. ... .. ... II. ... Contract Administrator's Authority ............... .......... ................... ............................... 8 Working Drawings .... ...................... ........ ..... ..... ..... ....................... ............ ...... ......... 9 Right of the Contract Administrator to Modify Methods and Equipment ................. 9 Emergency Situations......... .......... ..... ............. ...... .............. .... ......... .......... ............ 10 Layout.. ........... ......... ................. ......... .......... .......... .......................... ..... .... .... ......... 10 Working Area............ ........... ............... ...................... ............................................. 10 Extension of Contract Time ................................~.................. ................. ....... ........ 10 Delays......................... .......... ........................... ........... ........................................... 11 Assignment of Contract ..................................... ................... ...... .............. ............. 11 Subcontracting by the Contractor.......................................................................... 11 Changes........................................................................................... ..................... 12 Changes in the Work. .......... ........................ ......... ........... ..... ........... ...................... 12 Extra Work.. ........... .... ............... ......... ....... ............ ... ........ ............ .... .... ........... ....... 12 ... Table of Contents - I OPS GenenlI COnditions oA Cormct - SepWmber 1999 GC 3.11.03 Additional Work ..................................................................................................... 12 GC 3.12 Notices.. ...... ................ ..... .... ................ ............... ...... .................. ........................... 12 GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance .....................13 GC 3.14 Claims, Negotiations. Mediation ...................................................................... ...... 13 GC 3.14.01 Continuance of the Work....................................................................................... 13 GC 3.14.02 Record Keeping ............... .... ...................................................... ...... ......... ............. 13 GC 3.14.03 Claims Procedure ..................... ............................................................................. 13 GC. ,3.14.04 Negotiations...... ......... ................... ..... .......... ....... .......... .............................. ........... 14 GC3.14.05 Mediation .......... ................... ............ ....... ....... ........... .............. ....... ........ ................ 14 GC 3.14.06 Payment... ............. ......... ..... ........... ............. ........................ ......... ......... ..... ........... 14 GC 3.14.07 Rights of Both Parties ............................................................................................ 15 GC 3.15 Engineering Arbitration .................................................................................... ....... 15 GC 3.15.01 Conditions for Engineering Arbitration................................................................... 15 GC 3.15.02 Arbitration Procedure............................................................................................. 15 GC 3.15.03 Appointment of Arbitrator....................................................................................... 15 GC 3.15.04 Costs. ........ ....... .................................... ..... ....................... ................. .......... ........... 16 GC 3.15.05 The Decision........................................................................... ... ..... ....................... 16 GC 3.16 Archaeological Finds .... ......................................................................................... 16 SECTION GC 4.0 - OWNER'S RESPONSIBilITIES AND RIGHTS GC 4.01 Working Area............................... .................... ......... ....................................... ...... 17 GC 4.02 Approvals and Permits ........... ............................................................................... 17 GC 4.03 Management and Disposition of Materials ............................................................ 17 GC 4.04 Construction Affecting Railway 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 Default.................................................................. 18 GC 4.08 Owner's Right to Correct Default........................................................................... 18 GC 4.09 Termination of Contractor's Right to Continue the Work....................................... 18 Table of Contents - H OPS GenenI. CondItions of Connct - September 1999 ;.j .- j J J j j J 1 J j J J J J J J i J ~ J J ~ L. GC 4.10 i. GC 4.11 " GC 4.12 i .. GC 4.13 Final Payment to Contractor.............................................. ....... ................ ............. 19 T ennination of the Contract...................................................................... ........ ..... 19 Continuation of Contractor's Obligations ........................... .............................. ...... 19 Use of Perfonnance 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 ill, ~ \. ... .. Supply of Material..... ..... ..... .......... ........... .............. ............ .................................... 20 Quality of Material.... ......... .......................... .......... ............. .... ........... ......... ....... ..... 20 Rejected Material...... .................. .......................... ....................... ...... ....... ............. 20 Substitutions ........................... .................................... ........................................... 20 Owner Supplied Material. ........................................... ........... ................................ 21 Ordering of Excess Material.................................................................................. 21 Care of Material....... ............................ .............................. .................. .................. 21 SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE .. GC 6.01 GC 6.02 GC 6.03 GC 6.03.01 GC 6.03.02 GC 6.03.03 GC 6.03.04 GC 6.03.05 GC 6.03.05.01 GC 6.03.05.02 GC 6.03.05.03 GC 6.03.05.04 GC 6.03.06 GC 6.03.07 GC 6.04 "" .... t.. II. '- .. ... Protection 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 Uability Insurance............................................................. 25 Property and Boiler Insurance ............................................................................... 25 Property Insurance.............. .......................... ........... ........................ ..................... 25 Boiler Insurance............................... ............ ............................ .............................. 25 Use and Occupancy of the Work Prior to Completion........................................... 25 Payment for Loss or Damage..............................:................................................. 26 Contractor's Equipment Insurance ................ ........... ........ ...... ............................... 26 Insurance Requirements and Duration.................................................................. 26 Bonding. ............................. ......... ........................................... ................................ 27 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK General.... ............................ ........... ...... ................................................................. 28 II. GC 7.01 II. Table of ContentS . iii OPS General Conditions of ContrKt . September 1999 GC 7.02 GC 7.03 GC 7.04 GC 7.05 GC 7.06 GC 7.07 GC 7.08 GC 7.09 GC7.10 GC7.11 GC 7.12 GC 7.13 GC 7.14 GC 7.15 Layout ........... ....... ........... ........................ .... ......... ......... .................... .......... ........... 29 Damage by Vehicles or Other Equipment............................................................. 30 Excess Loading of Motor Vehicles ........................................................................ 30 Condition of the Working Area...............................................................................30 Maintaining Roadways and Detours........... ....... ........... ...... .............. ................ ..... 30 Access to Properties Adjoining the Work and Interruption of Utility Services ....... 31 Approvals and Permits .... ......... .... .............. ........ .......... .................. ....................... 31 Suspension of Work. ....... ...... ....... ......... ........ ..... ................ .............. ..................... 32 Contractor's Right to Stop the Work or Terminate the Contract............................ 32 Notices by the Contractor .................~..................................................................., 32 Obstructions........................................ ....................................... ............................ 33 Limitations of Operations .... ..... ............ ....... .......... ..................... ....... ................ ..... 33 Cleaning Up Before Acceptance ........................................................................... 33 Warranty. ......... ....... .... ........ ....... .... ..... ........... ....... ....................... ..... ........... .......... 33 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 Payment.......... ........ ........ .... ........ .... ...... ..... .......... ......... ......... ....... ..... ....... ............ 35 Price for Work ......... ........... .................... ......... ....... .......................... ...................... 35 Advance Payments for Material.. .......... ....................................... ...!...................... 36 Certification and Payment .......... .......... ............. ....................... .............. ....... ........ 36 Progress Payment Certificate............. ...... ................ ......... ............. ....................... 36 Certification of Subcontract Completion .............:.................................................. 37 Subcontract Statutory Holdback Release Certificate and Payment...................... 37 Certification of Substantial Performance ...............................................................37 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates..... ................................... ....................... 38 Certification of Completion ........... ...... ............... ............. .... ....................... ........ .... 38 Completion Payment and Completion Statutory Holdback Release Payment Certificates................................ ............................................................. 39 Interest.... ....... ................ ........................... ............... ....... ................ ....................... 39 Interest for Late Payment. .......... ....... ................ .............. ................ ................ ...... 39 I nterest for Negotiations and Claims........... ............ .............................................. 40 Owner's Set-Off ............ ........ ...... ....................... .... ................ ... ..... .... ........ ..... ....... 40 Table of Contents - Iv OPS General CondItIona of Contract . September 1999 j .-' - J J 4 J J ,J j j J ] J J j j J J J J J ... .. '- GC 8.02.03.12 Delay in Payment ..................................................................................................40 ... GC 8.02.04 GC 8.02.04.01 GC 8.02.04.02 GC 8.02.04.03 GC 8.02.04.04 GC 8.02.04.05 GC 8.02.04.06 GC 8.02.04.06.01 GC 8.02.04.06.02 GC 8.02.04.07 GC 8.02.04.08 GC 8.02.04.09 GC 8.02.05 GC 8.02.06 GC 8.02.07 GC 8.02.08 GC 8.02.09 .. .. '- L ~ .. .. j, 1 f ~ ! .. ~ .. .. II. .. \ * .. Payment on a Time and Material Basis.........,....................................................... 40 Definitions ........ ....................... ............. ........ ............................ .............................. 40 Daily Work Records................ ............ ......... ......... .................................... ........ ..... 41 Payment for Work.... ...................... .............. ................................................... ....... 41 Payment for Labour ........................... .......... .................................................... ...... 42 Payment for Material............ ................... ..... ............. ................................ ............ 42 Payment for Equipment... ....... ........ ............. .......................... ...... .......................... 42 Working Time .................... ..... ........ .......................................................... ............. 42 Standby Time ...... ...... ......... ........... ....... ................. ....... ......... ........ ...... .................. 42 Payment for Hand Tools.. ..... ................. ......I. ........... ....... ...... ............ .................... 43 Payment for Work by Subcontractors.................................................................... 43 Submission of Invoices.... .......... .............. ....................... ....................................... 43 Final Acceptance Certificate ..................... ................................... ....... ................... 43 Payment of Workers .. .......... ........... ................ ............ ..................... ...................... 44 Records ............... ............ ............ ....... ................ .... .... .......... ................................. 44 Taxes and Duties....... .... ........ ................... ............ ................. ............... .......... ....... 44 Liquidated Damages..... ... ....... .................................... ". ..... ...... ....... ........... ............ 45 .... Table of Contents - v OPS General Conditions d Contrac:I - September 1999 _.. >1 -- - J - J J ] J J J J J J J J J J J J J J ... i. Ontario Provincial Standards for Roads and Public Works September 1999 .. GENERAL CONDITIONS OF CONTRACT .. SECTION GC 1.0 ..INTERPRETATION ... GC 1.01 Captions ... .01 The captions appearing in these General Conditions have been inserted as a matter of convenience . and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof. ... GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent ... the organizations and phrases listed on the right American Association of State Highway Transportation Officials American National Standards Institute American Society for Testing and Materials American Wire Gauge American Water Works Association Canadian Engineering Standards Association Canadian General Standards Board Canadian Standards Association Canadian Welding Bureau General Conditions Ministry of the Environment (Ontario) Ministry of Transportation (Ontario) Ministry of Transportation (Ontario) Manual of Uniform Traffic Control Devices, published by MTO Ontario Provincial Standard Ontario Provincial Standard Drawing Ontario Provincial Standard Specification Professional Engineers Ontario Society of Automotive Engineers Structural Steel Painting Council Underwriters laboratories Underwriters laboratories Canada "AASHTO" "ANSI" "ASTM" "AWG" "AWWA" "CESA" "CGSB" "CSA" "CWB" "GC" "MOE" "MTC" "MTO" "MUTCD" "OPS" "OPSD" "OPSS" "PEO" "SAE" "SSPC" "Ul" "UlC" GC 1.03 ~ i.. , ... .. , .; II. 1. Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa as the context requires. ... GC 1.04 Definitions " .01 For the purposes of this Contract the following definitions apply: Actual Measurement means the field measurement of that quantity within the approved limits of the Work. .. Peg. 1 OPS Gene,.. Conditions of Contm:t - SeptMIber 1999 ... Additional Work: means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope. Base: means a layer of material of specified type and thickness placed immediately below the pavement, driving surface, finished grade, curb and gutter, or sidewalk. Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Perfonnance: means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator where~so authorized, directing that a Change in the Work or Extra Work be performed. -::q: Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or other conditions, changes in the character of the Work to be done or materials of the Work or part thereof, .withintthe intended scope of the Contract. Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work. Extra Work, Additional Work and changed subsurface conditions, and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate: means the certificate issued by the Contract Administrator at completion. Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents. Contract Administrator: means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents: mean the executed Agreement between the Owner and the Contractor, the Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings. Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. Contractor: means the person, partnership or corporation undertaking the Work as identified in the Agreement Controlling Operation: means any component of the Work, which, if delayed, will delay the completion of the Work. Page 2 OPS QeneqJ CondItIons of Contract . September 1999 .J _,.J j J j J J .J J j J J J J J J J J J l. l. .. , '" ~ .. ... , ... .. ~ .. ~ a.., .. ... lilt .... .. .... ... .... Cost Plus: See "Tme and Materiar. Cut-Off Date: means the date up to which payment will be made for work performed. Daily Work Records: mean daily Records detailing the number and categories of workers and hours worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and description and quantities of Material utilized. Day: means a calendar day. Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment Estimate: means a calculation of the quantity or"costoftheWork or-partd it;ijepending on the context. Extra Work: means work not provided for in the Contract as' awarded but considered by the Contract Administrator to be essential to the 'satisfactory completion of the Contract. within its intended scope, including unanticipated work required to comply with legislation and regulations which affect the Work. Final Acceptance Certificate: means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement: means a complete evaluation prepared by the Contract Administrator showing the quantities, unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account: See"Tme and Materiar. Geotechnical Report: means a report or other information identifying soil, rock and ground water . conditions' in the area of any proposed excavation or fill. Grade: means the required elevation of that part of the work. Hand Tools: means tools that are commonly called tools or implements of.the trade and include small power tools. Highway: means a common and public highway any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is' not based on a measured quantity,' although a quantity may be given in the Contract Documents. Major Item: means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000, or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material: means material, machinery, equipment and fixtures forming part of the Work. OPS GenenlI Conditions cI Connct . September 1999 Page 3 Owner: means the party to the Contract for whom the Work is being performed, as identified in the Agreement, and includes, with the same meaning and import, "Authority". Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete - PorUand cement concrete, or plant or road mixed mulch. Performance Bond: means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project: means the construction of the Work as contemplated by this Contract. Quantity Sheet: means a list of the quantities of Work to be done. Rate~~ Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and available from, the Owner. ,.t,~.", RecOrds: mean any books, payrolls, accounts or other information which relate to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions: mean special directions containing requirements peculiar to the Work. Standard Specification: means a standard practice required and stipulated by the Owner, for performance of the Work. Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base. Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. '~, Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base, Subbase and Pavement .j.i: . Subsuif8ce Report: means a report or other information identifying the location of utilities, concealed and adjacent structures and physical obstructions which fall within the influence of the Work. Superintendent: means the Contractor's authorized representative in responsible charge of the Work. Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.l.8, as amended, executing a bond provided by the Contractor. Tender:' means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. Page .. OPS Gene... COIIdltlor. of Contract . September 1999 .J Lj j J ] J J J J J ,J J J J J J 4 ~ j J , .. \ .. \ ! .. \ '" .. -- t. ... .. .. I ~ ... ... ... .... .. ... .. ... Utility: means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone and cable television. Warranty Period: means the period of 12 months from the date of Substantial Performance or such longer period as may be specified for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work: means the total construction and related services required by the Contract Documents. Working Area: means. all the lands and 'easements owned or acquired by the Owner for the construction of the Work. Working Day: means any Day, a) except Saturdays, Sundays and statutory holidays; 'b) ,. except a'Day asdeterrnined'b)'lhe Contra'ct'Administrator;'on"Which'the-Oontractoris prevented by " inclement weather or conditions resulting immediatelytherefromtfrom-proceeding -with- a'Controlling 'Operation. For the purposes of this definition, this will be a Day during-which' the Contractor cannot proceed with at least 60% of the normal labour and equipment force. effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract. by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner, or an employee of anyone of them, or by anyone else acting on behalf of the Owner. ii. on-delivery of Owner-supplied materials, iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the Contractor to the satisfaction of the Contract Administrator. Working Drawings: or Working Plans: . means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include falsework plans, Roadway protection plans, shop drawings, shop plans or erection diagrams. GC 1.05 Su~ntialPerionnance .01 The Work is substantially performed, a) when the Work to be. performed under the Contract or a substantial part: thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the Contractis'capable'of-completion or, where there is a known defect, the cost of correction, is not more than i. 3% of the first $500,000 of the Contract price, ii. 2% of the next $500,000 of the Contract price, and iii. 1 % of the balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. OPS General Condltiona cI COnnc:t. September 1_ Page 5 GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect or last supply is not more ~n the lesser of, a) 1% of the Contract price; or b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words .01..,J:he words "acceptable", "approvar, "authorized", "considered necessary", "directed", "required", . :~':"satisfactory", or words of like import, shall mean approval of, directed, required, considered - - necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the context clearly indicates otherwise. ,"-.~ - ;, P.6 OPS GenerW ConditIons of Connct. September 1899 -j ..j J J J J J J J j J J J J J j 1 .., J J I .. , ~ ... t ... ... '- ... ... .. .. .. lit ... .03 ... \., .04 .. "'" ... ... SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the infonnation furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work will be shown to a tolerance of: i. 1 m horizontal and ii. 0.3 m vertical b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor and excluded from the Contract Documents; and c) Other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and 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 shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a'Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; c) Detailed 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. In the event of any conflict in the contents of Standard Specifications the following order of precedence shall govern: a) Ontario Provincial Standard Specifications; then b) Other Standard Specifications, such as those produced by CSA, eGSs, ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. " OPS General Conditions d COntract . September 1899 Page 7 SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority .01 The Contract Administrator will be the Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever is later. All instructions to the Contractor including instructions from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator. .03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of r~4ump sum price contract. .04 ihe Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment .05 The Contract Administrator will with reasonable promptness review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. .06 The Contract Administrator will investigate all allegations of a change in the character of the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator will prepare Change Directives and Change Orders. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor wi', jointfy conduct an inspection of the Work to establish the date of Substantial Performance of the Work , and/or the date of Completion of the Work. .09 The Contract Administrator will be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator will not show partiality to either party. .10 The Contract Administrator will have the authority to reject part of the Work or'Material which does not conform to the Contract Documents. .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Contractor and 'Whether incorporated in the Work or not, which has been rejected by the Contract Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed promptly in aCCOrdance with the Contract Documents at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly, at no additional cost to the Owner. .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Admin~tor. P8ge8 OPS General Colldlliolll of Contract - September 1899 ,J J J J J J J J J .J j J J J J J J J J .. ~ L \ .. ... ..... ... .. .. t .. 1 i .. .. .. ... ~ .. ... ... ... .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. .15 The Contract Administrator will have the authority to temporarily suspend the Work for such reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's construction layout or the inspection of any portion of the Work. There shall not be any extra compensation for the suspension of work. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as bnot cause delay in the Work. '.lfeither the Contractor or the Contract Administrator so requests they shall jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall- be submitted in printed fonn. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The Contract Administrator will review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review will be to check for conformity to the- design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. .05 The Contractor shall make any changes In Working Drawings which the Contract Administrator may require consistent with the Contract Documents and resubmit unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shaD notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed unbl the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Pennission to construct granted." .07 The Contractor shall keep one set of the -reviewed Working Drawings; marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations 'In the method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being perfonned by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. OPS General Condltlona of COntnlc:t . September 1999 Page 9 GC 3.04 Emergency Situations ?'. .01 The Contract Administrator has the right to determine the existence of an emergency situation, and when such an emergency situation is deemed to exist the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner will pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator will provide baseline and benchmark information for the general location, ,_~lignment and elevation of the Work. The Owner will be responsible only for the correctness of the . ,':~formation provided by the Contract Administrator. . "-'F-- GC 3.06 Working Area i1_."; .01 The Contractor's sheds, site offices, toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition atall times. .02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. GC 3.07 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 .Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays; See subsection GC 3.08. b) Changes in the Work; See clause GC 3.11.01. c), Extra Work; See clause GC 3.11.02. d) Additional Work; See clause GC 3.11.03. .03 The Contract Administrator WIll, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. PIge 10 OPS General Condltlona 01 Contr8ct. September 1999 'J . -J J J 4 wi J J J J J J J J J J J J J J .. t. -I. L. .' ... '- ... " .. .. .. ... I .. .01 .. .02 iI. .03 l .04 .. .05 .. ... ... .... GC 3.08 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; b) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; - c) the Contract-Administrator giving notice under subsection GC7.09, Suspension of Work; d) abnonnal inclement weather; or e) archaeological finds in accordance with subsection GC 3.16, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for- reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Tme due to abnormal inclement weather; the' 'Contractor'shall;with-theContractor's application, submit evidence from Environment Canada in', support of such application. .--Extension' of, Contract Tme will be granted in accordance with subsection GC3;07, Extension of Contract Time. .02 If the Work ,is delayed by labour disputes, strikes or Iock-outs -' including Iock-outs decreed or recommended to its members by a recognized contractor's association, of which, the Contractor is a member or to which the Contractor is otherwise bound - which are beyond the Contractor's control, then the Contract Tme shall 'be' extended' in' accordance with 'subsection GC' 3.07 ; Extension of Contract Time. In no case shall the extension of Contract Time be less' than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor; . The Contractor shall not be entitled to payment for costs incurred as the result ohuch delays unless such , delays are the result of actions by the Owner. GC 3.09 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of the Owner. GC 3.10 Subcontracting by the Contractor The Contractor may subcontract any part of theW~ subject to these General Conditions and any limitations specified in the Contract Documents. The Contractor shall notify the Contract Administrator, in writing;' ofthe"intentionto subcontract. Such notification shall identify the part of the Wo~ and the Subcontractor with whom it is intended. The Contract Administrator will, within 10 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection will be 'in writing 'and will include the reasons for the rejection. The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor. The Contractor shall preserve alid protect the rights of the parties under the Contract with respect to that part of the Work to be perfonned under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly empbyedbytheContracto~ OPS GerMnI Conditions of Contract . September 1899 P8ge 11 .06 The Owner's consent to subcontracting by the Contractor shan not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the OWner. .J ,J J GC 3.11 Changes Changes in the Work -1 J J J GC 3.11.01 .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work. .02 ..1])8 Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3:07, Extension of Contract Tme. .03 Jf"the Changes in the Work relate solely to quantities, payment for that part of the Work will be made ~according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11.02 Extra Work j J J J j J J J .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. .03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.1.1.03 Additional Work .01 ~ Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.07, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. . J Pege12 OPS General CondltIona cf ContrKt. September 1899 j J J J GC 3.12 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of mailing if sent by mail. ... ... .02 .. .. .03 '- ~.04 -. .... ... t. .. ... ... .. \ .. ... ... ... ... ... The Contractor and the Owner shall provide each other with the mailing addresses, telephone numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work. In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.13 Use and Occupancy of the Work Prior to Substantial Perfonnance .01 Where it is not contemplated elsewhere in'the Contract Documents; the Owner may use or occupy the Work or any part thereof prior to SubstantiatPerformance; provided;that atteast 30 Days' written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior-to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In-addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance' with the Contract Documents. The Owner will be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge 'the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.14 Claims, Negotiations, Mediation Continuance of the Work GC 3.14.01 .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification'of a claim or disputej'verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such ,action will not jeopardize any claim it may have. . GC 3.14.02 Record Keeping .01 Immediately upon commencing work which may result in a claim, the Contractor shall keep Daily Work Records during the course of the 'Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator will keep Daily WOrffRecordsto'be used in-assessing"1he Contractor's claim, all 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 simplify review of the claim, when submitted. .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.14.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work which may be affected by the situation. OPS GenMI Condlllonl of ContrKt - September 1. P.ge 13 .03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request '"e- .05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. ~,. GC3.14.04 Negotiations .<<~X". . - .01 .'The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration. GC 3.14.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall .tneet with the parties together and separately, as necessary, to review all aspects of the issue. In a . final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, a non-binding recommendation for settlement .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.14.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.14.06 Payment .01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and Payment Page 1.. OPS GenerW CondItIons d Connct - September 1999 j .J .J ] J j j J J J .J J Ji' ....;. ! J J j J J J ... ~ .. ... , ... ~ '- ... t: .. .03 ... .04 .. ... ... 'I ... ... ... ... ... -- ... GC 3.14.07 Rights of Both Parties .01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.15 GC 3.15.01 Engineering Arbitration Conditions for Engineering Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke the provisions 'of subsection GC 3.15, Engineering Arbitration, by giving written notice to the other party. .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"eays'following"1he'''Opinion,.given in paragraph GC 3.14.03;05. Where the use of a third party mediator was implemented; notification shall be within 120 Days of the opinion given in paragraph GC 3.14.03.05. The parties shall be bound by the decision of the arbitrator. The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to -any arbitration conducted hereunder except to the extent that they are modified by the express provisions of this subsection GC 3.15, Engineering Arbitration. GC 3.15.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of' appeal 'as exist where the arbitrator' has exceeded 'his or- her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in respect of the matters under arbitration will'be'stayed pending arbitration; b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement Only such claims and matters as are in the schedule will be arbitrated; and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.15.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed uponby'the OWner and Contractor:toadjudicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator 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 General CondItIons fA Contr8ct . September 1999 P-oe 15 .06 The arbitrator is not bound by the rules of evidence which govem the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant .07 The hearing will commence within 90 Days of the appointment of the arbitrator. GC 3.15.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. '-;';' .~:-. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.15.05 The Decision .01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.14.06, Payment GC 3.16 Archaeological Finds .01 If the Contractor's operations expose any items which may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in 8ccordance with subsection GC 7.09, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01. . .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra ": Work in accordance with clause GC 3.11.02, Extra Work. ,T~': .. .~~: Page 16 OPS Gener81 Condlllons d Contr8ct. September 1999 ..J . -.1 ..J J .J 1 ... J J J j J J J J J J J J J .. I.. SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS ... GC 4.01 Working Area .01 ... ... .02 The Owner will acquire all property rights which are deemed necessary by the Owner for the construction of the Work. including temporary working easements, and will indicate the full extent of the Working Area on the Contract Drawings. The Geotechnical Report and-Subsurface Report which will be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Pennits ... \ .. .01 The Owner will pay for all plumbing and building permits. .02 The Owner will obtain and pay for all permits, licenses and .certificates:.soJeIYJequired for Project approval. - GC 4.03 Management and Disposition of Materials ... .. .01 . The Owner will identify in the Contract Documents the materials to be moved within or removed from the Working Area, and any characteristics' of those materials which will necessitate special materials ... management and disposition. '.02 In accordancewittrtegulations under the Occupational Health and. Safety Act; RS.O.1990j c.O.1, as amended, the Owner advises that a) the designated substances silica. lead and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos is present in asbestos conduits for utilities; c)' the' following' hazardous' materials. are . ordinarily present in construction' activities:. limestone, gypsum, marble, mica and Portland cement; and d) exposure .to these substances may occur as'a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting; cutting and abrasive blasting. ... .. .03 , .. .04 The Owner will identify in the Contract. Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. If the Owner or Contractor discovers or is advised.of ,the' presence..of,designatedsubstances or hazardous materials which are in addition to those listed in paragraph GC 4.03.02, or not c1earfy identified in the 'Contract Documents according-.to'.paragraph.'GC~4J}3:03;::.then:verbal notice will be provided to the other party immediately with written confirmation within 2 Days. The Contractor will stop work in the area -immediately and will determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner will be responsible for any reasonable' additional costs of removing, managing and disposing of any material' not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. ... .. .. .. .06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the OWner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. ... ... OPS General Condltlona of COntract . September 1_ P.17 GC 4.04 Construction Affecting Railway Property .01 The Owner will pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. GC 4.05 Default by the Contractor .01 The Contractor shall be in default of the Contract if, a) the Contractor fails to commence the Work or execute the Work property or otherwise fails to comply with the requirements of the Contract to a substantial degree; or b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. . GC ,~~96 Notification of Default , ."'"1!> .0t'~The Owner will give written notice of a default to the Contractor as soon as the Owner becomes aware of the alleged default but failure to give such notice in a timely way shall not constitute condonation of the default. The notice will include instructions to correct the default within 5 Working Days. GC 4.07 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. GC 4.08 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07, ,;:~tractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to ,spy other right or remedy the Owner may have, may correct such default and deduct the cost thereof, . as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. GC 4.09 Tennlnatlon of Contractor's Right to Continue the Work .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner will be entitled to, a) take posseSSion of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) utilize the Equipment of the Contractor and any Material within the Working Area which is intended to be incorporated into the Work, the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; Page 18 OPS General Condltiona of Contract . September 1999 j .- .J Ij J J J ~ J J .J J J J J .J J J J J .. .. . ~ d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the 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 Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.15, Warranty; 1) charge the Contractor for any damages the Owner may have sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.15, Warranty, exceeds the allowance provided for such corrections. ... ... ... GC 4.10 Final Payment to Contractor ... .01 If the Owner's cost to correct and complete the Workin.whole or in part is less than the amount withheld from the Contractor under subsection'GC4.09,'Termination.oL,contractor's Right to Continue the Work,' the Owner will pay the' balance to the' Contractor as soon :8S the final accounting for the Contract is complete. ~ GC 4.11 Termination 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 ' the Contractor's estate or creditors. .. .02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.12 Continuation of Contractor"s Obligations ... .01 The Contractor's obligation under the Contract as to quality; correction and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to .. continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.13 Use of Perfonnance Bond ... .01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of this Section shall be exercised'in accordance with the conditions of the Performance Bond. .. , ~ .. .... .. ... - .... ops o.ner.l Condltlona ci Contract . Sept8mber 1899 Pege 19 SECTION GC 5.0 - MATERIAL GC 5.01 Supply of Material .01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shan be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract .03 As specified or as requested by the Contract Administrator, the Contractor shall make available for .;jgspection or testing a sample of any Material to be supplied by the Contractor... .... . ~tI'_ .04 ,The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to carry out such inspection, sampling and testing as specified or a requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance .of the Material shipping dates to enable the Contract Administrator to perform the required inspection, . . sampling and testing. .06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material which is not specified shall be of a quality best suited to the purpose required and the use of such Material shall be subject to the approval of the Contract Administrator. GC 5.03 .~; Rejected Material ,'k+'~ .01 R~ected Material shall be removed from the Working Area expeditiously after the notification to that e(fect from the Contract Administrator. Where the Contractor fails to comply with such notice the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of in what the Contract Administrator considers to be the most appropriate manner and the Contractor shall pay the costs of disposal and the appropriate overhead charges. GC 5.04 Substitutions .01 Where the specifications require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, which shall be regarded as the standard of quality required by the specification. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. Page 20 OPS Genera' ConditIona d Connct - September 1999 . --J .J .J J J J .' J iJ J J j .J IJ .J J J J J J ... .. ~ .... ... ... ... -- ~ .. ... .. \. i .... .. .. .... .. ... .02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a, proposed substitution will be made at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the , 'Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality" and' if any adjustment to the' Contract price. is made by reason of such substitution a Change Order shall be issued as well. GC 5.05 GC 5.05.01 Owner Supplied Material Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is; ordered ''by the Contractor in excess of the amount specified to complete the Work;.:.such,,~excess.Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the. Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under-the control of the Contractor it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons which are not the fault of the' Contractor it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received 'and.<the quantities shown on the bills of lading, the Contractor shall immediately, report such damage' or discrepancies to the Contract Administrator who shall arrange for an'immediateinspection ,of. the'.ishipment and provide the Contractor with a written release from responsibility for such damage or.,deficiencies. Where damage or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. OPS General Condltlona cf Contract - September 1899 Pege21 .J - ..J .06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each Shipment.'. J..... copies of bills of lading, or such other documentation the Contract Administrator may require to . substantiate and reconcile the quantities of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, t.. the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, .. check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge I of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no .. extra cost to the Owner. J .~'...:--~.- .J .J J .~. -,....., pege 22 OPS General Condltlonaol Connc:t . September 1999 J J J J J J J J J J '~7 ... ... .... SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .01 The Contractor, the Contractor's agents and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons and property from damage or injury, and shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below. '- .02 The Contractor is responsible for the full cost of any necessary temporary provisions and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property the Contractor shall restore such damage, and such work shall be administered according to these General Conditions. ... ~ .03 .... .04 .. , ... .05 .. .. ... ~, .. .. ,~ .. ... ... ... .... The Contractor shall immediately inform the" Contract Administrator of all~damage and injuries which occur during the term of the Contract. The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employ~, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. The Contractor and his Surety or Sureties. shall not be released from any term or provision of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits or proceedings by third parties, hereinafter called .cIaims., directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions of the. Contractor or anyone_for whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial'Perfonnance of the Work as set out in. the Certificate of Substantial Performance of the Work or, where so specified in the Contract from the date of certification of Final Acceptance. .02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract. .03 The Owner expressly waives the right to indemnity for claims other than those stated above in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall Indemnify and hold harmless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits. or proceedings arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect In title to the Working Area. OPS General Conditions ofContrac:t - September 1999 P.23 .05 The Contractor expressly waives the right to indemnity for claims other than those stated above in paragraph GC 6.02.04. GC 6.03 . GC 6.03.01 Contractor-s Insurance General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so specified in the Contract Documents. GC 6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract . A'dministrator named as additional insureds, with limits of not less than 5 million dollars inclusive per ~rrence for bodily injury, death, and damage to property including Joss o(use thereof, with a -property damage deductible of not more than $5000. The form of this inSurance shall be the + 19surance Bureau of Canada Form IBC 2100, dated 8-87. .02 'Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are included. Approval of this insurance will be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be maintained for a further period of 4 years. .04, The Contractor shall submit annually to the Owner, proof of continuation of the completed operations . coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), will not be binding on the Owner. .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of eij,losives for blasting, or pile driving or caisson work, or removal or weakening of support of property b,Uilding or land, IBC Form 2100 as required shall include the appropriate endorsements. ~..' "'(;!.}", ;- .06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage. .07 "Claims Made" insurance policies will ~ot be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days' written notice in advance of any cancellation, change or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement and b) standard owner's form automobile policy providing third party liability and accident benefits Insurance and covering licensed vehicles owned or operated by the Contractor. Page 24 OPS General Condltions.of Contract . September 1999 .0 J ," j J j j J J J J .J j J J J J J J J J i i.. ... .. ... 1. .... .... .. ... .. .. ... ... ~ ~ .. ... .. ... GC 6.03.04 Aircraft and Watercraft liability Insurance .01 Aircraft and watercraft "ability insurance with respect to owned or norH>Wned aircraft and watercraft if used directly or indirectly in the perfonnance of the Work, including use of additional premises, shall be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death. and damage to property including loss of use thereof. and limits of not less than 5 million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage. GC 6.03.05 GC 6.03.05.01 Property and Boller Insurance Property Insurance .01 . All risks property insurance shall be in the name of the .Contractor+with..the~Ownerand the Contract Administrator named as additional insureds. insuring not. less than. .the>.sum ..ofthe .amount of the Contract price and the full value. as may..be stated-in .the..supplemeDtaLGeneraLConditions. of Material that is specified to be provided by. the'Owner;'.for:.:.incorporation'jnto..the Work. with a deductible not exceeding 1 % of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 1 0 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.02 Boller Insurance '.01 .' Boiler insurance insuring the interests of the Contractor. the Owner and the Contract Administrator for not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the Owner will give 30 Days' written notice to the'Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the.Contractor' and prio,..Jo~such. use or. occupancy shall provide, maintain and pay for property and boiler insurance insuring the fun value of the Work, including coverage for such use or occupancy, and shall. provide the 'Contractor.with proof of such insurance. The Contractor shall refund to the Owner the unearned .premiums' applicable to the Contractor's policies upon termination of coverage. .02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. OPS General Conditions of Connc:t . SepWmber 1999 pege 25 GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment GC 6.03.06 Contractor's Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to 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 cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees to waive the eqUipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant. prior releases with respect to damage to the Contractor's Equipment GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until 1 0 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior to commencement of the Work, and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an offICer of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the broker. .04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner will have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. Page 26 OPS General Conditions of Contract - September 1999 ~j . .j I .J f 'III J J .J J J j J .J J J J J J . .. J ! I .. .1 ... t .. .07 If the Contrador fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .... .01 ... ~02 .... The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. Such bonds shall be issued bya duly licensed surety company authorized to transad a business of suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. ... ~ .... .. ... i. , .... .... ... .. ... .... .... OPS General Condltlonl of Contrec:t. September 1999 pege 27 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES 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 effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work. '~-' .04 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and , ,.~oval of temporary structures and other temporary facilities and the design and execution of :~nstruction methods required in their use. .05' Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation 213/91 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations") which may affect the performance of the Work, as the "constructor" or "employer", as defined by the Act. as the case may be. The Contractor shall ensure that a) worker safety is given first priority in planning, pricing and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work. and a personal commitment to comply with them; c)" a copy of the most current version of the Act and the Regulations are available at the Contractor's ,office within the Working Area, or, in the absence of an office, in the posseSSion of the supervisor "':,responsible for the performance of the Work; ,d>:\vorkers employed to carry out the Work possess the knowledge, skills and protective devices "required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and f) all Subcontractors and their employees are properly protected from injury while they are at the work place. ,07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. Page 28 OPS Gene'" Conditlons of Contract - September 1999 ~J .j j J .J J .J j J j \1 J J J J J J J J J ... .. .. .... ~ .. II. .01 '- .02 '- .03 ... .04 .. ... .05 ... .... .08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes in writing and provide relevant Material Safety Data Sheets. .09 The Contractor shall have an authorized representative on the site while any work is being performed, to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names;' addresses.. positions and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract. The Contractor' shall, 'at no' additional cost to the Owner, fumish all reasonable aid, facilities and assistance required by the Contract Administrator for the; 'proper inspection and examination of the Work or the taking of measurements for the pu~,of'paymenl '/' _ The Contractor shall prepare, and update as required, a construction schedule Indicating the timing of the 'major and critical activities of'the Work. 'The schedule'shall be designed to ensure conformity with the specified Contract Time. The schedule shall be submitted to the Contract AdrT)inistrator within 14 Days from the date of the Contract award. Where the Contractor finds any error, inconsistency or omission relating to the Contract, the Contractor shall promptly'report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contractor's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01a). GC 7.02 Layout Prior to commencement of construction, the Contract Administrator and the Contractor will locate on site those property bars, baselines and benchmarks which are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings. The Contractor shall be responsible for the "preservation of all' property ' banf while the Work is in progress, except those property bars which. must be removed to.faciUtatethe Work. Any other property bars distUrbed, damaged or removed by the Contractor's operations shall be replaced by an Ontario Land Surveyor, at the Contractor's expense. At no extra cost to the Owner, .the' Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to layout the baseline and benchmarks, and as may be necessary for the inspection of the Work. The Contractor shall provide qualified personnel to layout and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. OPS General Conditions of Contract . September 1 egg Page 29 .06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's operations, such stakes, marks and reference points will be replaced by the Contract Administrator at the Contractor's expense. GC'7.03 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be, done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's .. vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or :~bstitutions for such vehicles or equipment, and shall alter loadings, or in some other manner, ':rimove the cause of such damage to the satisfaction of the Contract Administrator. .-'. GC 7.04 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8. as amended, whether such vehicle is registered in the name of the Contractor or otherwise. "except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.05 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris, other than that caused by the Owner or others. GC 7.06 Maintaining Roadways and Detours .01 Where an existing Roadway is affected by construction, It shall be kept open to traffic, and the Contractor shall, except as otherwise provided in this subsection, be responsible for providing and maintaining for the duration of the Work. a road through the Working Area, whether along an existing Higllway, including the road under construction, or on detours within or adjacent to the Highway, in accordance with the MUTCD. .02~";Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply deicing chemicals or abrasives or carry out snowplowing. .03 Where localized and separated sections of the Highway only are affected by the Contractor's operations, the Contractor will not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours, and if required, for the subsequent removal of the detours, will be made at the Contract prices appropriate to such work. Pege 30 OPS GenerlJ Conditions of Contracl- September 1999 ~. J . ". j .J .J ,j J j J J J J J J J J J J J J ... ! ... ... ... ~ ... .... ... ... ... ... .01 II. .02 ~ .03 .. ... .. .... .... ... .05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area, at the Owner's expense. The road through the Working Area will include any detour constructed in accordance with the Contract Documents or required by the Contract Administrator. Compensation for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to the work and; where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment will be made. .06 'Where work under the 'Contract is discontinued for any extended period including seasonal shutdown, 'the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe and satisfactory condition for public travel. .07 Where the Contractor constructs a detour which is. not specifically provided for in the Contrad Documents; or required by the ContradAdministrator, the construction of the detour and, if required, the subsequent removal shall be performed at the. Contractor's expense.,. ,The detour shall be constructed and maintained to structural' 'ar'l'd' geometricstandards-::apPr:9yed by the Contract Administrator. Removal and siterestorationshslLbe., performed.:as_directed by the Contract Administrator. .08 Where, with. the prior written approval of the Contract Administrator, the Highway is closed and the . traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, 'erect and maintain traffic control devices in accordance with the MUTCD. , .09 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under , . subsection GC6.01,' Protection 'of-Work, Persons and 'Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services The Contractor shall provide at all times, and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, and water and gas valves located in the Working Area. Where any interruptions in the supply of. Utility services' are 'required_and.are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.08 Approvals and Penn its .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licenses" and certificates which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01. OPS General Conditions ~ Contract - September 1m pege 31 GC 7.09 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in ~ese circumstances, will be administered according to subsection GC 3.08, Delays. GC 7.10 Contractor's Right to Stop the Work or Tennlnate the Contract .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because ;"'of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. I .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of ;;~Contractor or of anyone directly employed or engaged by the Contractor"the Contractor may, . ...~ prejudice to any other right or remedy the Contractor may have, by giving the OWner written ~tice, 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 obligations if, a) the Contract Administrator fails to Issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC ., 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or c) the Owner violates the requirements of the Contract. .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following the receipt of the written notice the Contractor may. without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .05 If the Contractor terminates the Contract under the conditions set out in this subsection, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor. may sustain as a result of the termination of the Contract. GC 7.-11 Notices by the Contractor .01 ~re work is carried out which may affect the property or operations of any Ministry or agency of gOvemment or any person, company, partnership or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents. the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so affected. .02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such damage or interference. pege 32 OPS GenerIl CondltIont d Contraet . September 1899 4J . -.j j J J J j j J .J j j J J J J J J J ... .. .. .. ~ ... ... .. .01 .. .. .02 ... .01 .. .. .02 lilt ... .. ... ... ... GC 7.12 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage or expense occasioned thereby. .02 Where the obstruction is.a Utility or other man-made object, the Contractor shall not be required to assume the risks 'and responsibilities arising out of such obstruction, unless the location of the , obstruction is shown on the plans or described in the specifications and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the .Contractor in accordance with these General Conditions. .03 During the course of the Contract, it isthe',Contractor's~responsibility>to,amsult~ Utility companies ; . or other appropriate authorities for further:informationin . regard :to.theexact..ioCationof these Utilities, to exercise the necessary care in construction"operations;"and'io-take'such-otherprecautions as are necessary to safeguard the Utility from damage. GC 7.13 Limitations of Operations Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry on operations under the Contract on Sundays without permission in writing from the Contract Administrator. The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.14 Cleaning Up Before Acceptance Upon attaining Substantial Performance of the Work. the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified. The Work shall not be deemed to have' reached Completion'llntilthe-COntractor has removed surplus materials, tools, construction machinery.and"equipment The Contractor shall also have removed debris, other than that caused by the Owner, or others. . GC 7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work which appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or OPS Gene...' Conditions fA Contract - September 1 m pege 33 d) such longer periods as may be specified for certain Materials or some of the Work. The Contract Administrator will promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02. .. :t~ :!<~:'~~" """* " , ........ t";: .L'_.-'.:'_~- ;+..-,..... ~of Page 34 OPS General CondItIons of Contract. September 1999 ~.j . -.j .J J J J .J J J J J J J J J J J J J .... .... SECTION GC 8.0 - MEASUREMENT AND PAYMENT ... GC 8.01 Measurement GC 8.01.01 Quantities ... .01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work perfonned. The first estimate will be the quantity of Work perfonned since the Contractor commenced the Contract, and every subsequent estimate; except the final one, will be of the quantity of Work performed since the preceding estimate was made. The Contract Administrator will provide the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date. '.02 . Such quantities tor progress payments- shall be construed and held to approximate. The final " quantities torthe issuance of the Completion Certificate shall be' based on the measurement of Work completed. .03 Measurement of the quantities of the 'Work: perfonnedwill be:either:by""ActuaI Measurement or by Plan Quantity principles as indicated 'in the" Contract:'... AdjuSbnents,to."Plan' Quantity measurements will normally be made using Plan 'Quantity principles' but may; where"appropriate, be made using Actual Measurements. Those' items identified on 'the . Tender by the . notation (P) in 'the unit column " shall be paid according'to the 'Plan Quantity. Items where the notation (P) does not occur shall be ' paid according to Actual Measurement .... ... ~ ... ... GC 8.01.02 Variations in Tender Quantities ... .01 Where it appears that the quantity of Work to be done 'and/or Material,to be supplied by the Contractor under a unit price tender item will exceed or be less than the tender quantity, the Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made tor the actual amount of Work done and/or Material supplied at the unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work 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' negotiate a revised unit price for that portion of' the Work performed and/or'Material supplied which exceeds 115% of the tender quantity; The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus a reasonable allowance for profit and applicable overhead. b) 'In the case of a Major Item where the'quantity'of'Wotkperfonnedand/or'Material supplied by the Contractor is less than 85% of the tender'quantity, the Contractor may make a written request to negotiate for the portion of the actual: overheads 'and. fixed:costs.applicable to the amount of the underrun in excess of 15% of the tender quantity. For purposes of the'''negotiation, the overheads and fixed costs 'applicable to the item are deemed to' have 'been prorated unifonnly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the' unit price on the amount of the underrun in excess of 15% of the tender quantity will be paid. Written requests tor compensation must be received no later than 60 Days after the issuance of the Completion Certificate. ... ... ... i ... ... ... ... GC 8.02 GC 8.02.01 Payment Price for Work .01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment and Material" shall include Hand Tools, supplies and ... other incidentals. OPS General Conditions d Contract - September 1999 Page 35 .. .02 Payment for work not specifically detailed as part of anyone item and without specified details of payment will be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .01 The Owner will make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities and notify the Contract Administrator of their locations. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i Sources Other Than Commercial (1) ~ranular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. . it'ii. Commercial Sources .'~ Payment for separated coarse and fine aggregates will be considered at ~e above rate when ".E". such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product. AdvanCe payments for other materials located at a commercial source will not be made. . c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the . Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use or destruction of the material however caused. .02 :Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance ~II only be determined when the material meets the requirements of the appropriate specification. GC 8.02.03 Certification and Payment Progress Payment Certificate .. GC 8.02~03.01 .01 The value of the Work performed and Material supplied will be calculated once a month by the Contract Administrator in accordance with the Contract Documents and, clause GC 8.01.01, Quantities. .02 The progress Payment Certificate will show, a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Materials; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of GST as applicable; and f) the amount due the Contractor. Page 36 OPS Gene,. Condltlona d ContnIc:t - September 1899 . ;..j , . ~-.J .J J J J .J J J J J J J J J J J J J ... ..... .. .03 One copy of the progress Payment Certificate will be sent to the Contractor. .04 Payment will be made within 30 Days of the Cut-Off Date. GC 8.02.03.02 Certification of Subcontract Completion ... .01 ... .02 ... .03 ... Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. The Contract Administrator will. issue a Certificate of Subcontract Completion if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. . The 'Contract Administrator will set out in the Certificate of Subcontract, Completion the date on which the subcontract was completed and within7 Days' of:thedatethe:subcontractJs certified complete, the Contract Administrator WIll give a coPy'ofthecertificate"to'.the.Contractor-aDd:to the Subcontractor concerned. ... GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .... .01 Following receipt of the Certificate of Subcontract Completion, the Owner will release ,and pay the Contractor the statutory holdback retained in respect of the subcontract.. Such release shall be made 46 Days after the' date the subcontract,was certified complete and providing.the Contractor submits the following to the Contract Administrator: a) a document satisfactory to the'Contract Administrator that will release the Owner from all further daims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; c)a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it .03 Upon receipt of the statutory holdback, the Contractor 'shall-forthwith give 'the Subcontractor the payment due under the subcontract. .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. .. ... .... ... .. GC 8.02.03.04 Certification of Substantial Perfonnance ... .01 Upon application by the Contractor and where the Contract has been substantially perfonned the Contract Administrator will issue a Certificate of Substantial Perfonnance. ... .02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and within 7 Days after signing the said certificate the Contract Administrator will provide a copy to the Contractor. ... .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Uen Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall ... include placement in the Daily Commercial News. OPS General Conditions cI Contract . September 1999 Peg. 37 - .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GC-8.02.03.05 .03 Payment of the amount certified will be made within 30 Days of the date of issuance of the payment , certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations. Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred :~iby the Contractor and the Contractor's Subcontractors in carrying out the Contract have been , 'diScharged except for statutory hold backs properly retained; - c) ,a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and dlEproof of publication of the Certificate of Substantial Performance. -~r, GC 8.02.03.06 Certification of Completion .01 Upon application by the Contractor, and when the Contract reaches Completion. the Contract Administrator will issue a Completion Certificate. .02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was completed and within 7 Days of signing the said certificate the Contract Administrator will provide a ~py to th~ Contractor. pege 38 OPS General CondItlona d Contract . September 1999 . ~,J , v?J j J .J J j J J j J J J J j J J j J .. II. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates When the Contract Administrator issues the Completion Certificate, the Contract Administrator will also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate. a combined payment certificate. it. .01 ... .02 ... The Completion Payment Certificate will show, a} measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further workcompieted over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback Release .PaymenLCertifi.cate,wil.l,be;:.a payment certificate 'releasing' to. the Contractor' the' further statutory 'holdback: <' Payment.of.such~statutory holdback' shall be due 46 Days after the date of CompletioriioftheWork,as'established~by;;~:CompletionCertificate but subject to the provisions of the Construction Lien Actanctthe:submission<by the Contractor of the following documents: a} a release by. the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration in a fonn satisfactory to the. Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. ... ... ... ... ... GC 8.02.03.08 Interest .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of ... Interest GC 8.02.03.09 Interest for Late Payment ... .01 Provided the Contractor has complied with the requirements of the Contract including all documentation requirements. when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback. is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rateof'lnterest,'ifpayment'js not received on the dates set out below: a} Progress Payment Certificates: 30 Days after the Cut-Off Date; b) Certificate of Subcontract Completion:' 30 Days after the date certified as 'the date on.which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d)' Substantial Performance Payment Certificate: 30 Days after the' date of issuance of the certificate. e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; 1) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date which the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest will only begin to accrue when the Contractor has completed those requirements. ... it. ... ... ... .. ... OPS General Conditions rI Contract. September 1999 Plge39 GC 8.02.03.10 Interest for Negotiations and Claims >J 1 . ~"j J J .J j J J J J J J J J J J -J .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits and/or procedure described by subsection GC 3.14, Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of the Work. .<4....-.,.. .02 : Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC , 3.14, Claims. Negotiations, Mediation, interest shall not be paid. .04 ;-~re_a Contractor fails to comply with the 3O-day time limit and the procedures prescribed in . ~('8ph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period. _.~. ". . ..i..-.__.:-_ ~.., GC 8~02:03~11 Owner's Set-Off .01 _ Pursuant to Section 12 of the Construction Uen Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay In Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis ~ GC8~~~01 Definitions .01 FO!: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 directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, administration of management time spent on the entire Work or any wages. salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment Cost of Material: means the cost of Material purchased. or supplied from stock, and valued at current market prices, for the purpose of carrying out Extra Work. by the Contractor, or by others when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment: means Rented Equipment for which an operator is provided by the supplier of the eqUipment and for which the rent or lease includes the cost of the operator. ~ J P.40 OPS Gene~ Condltlona of Contract - September 1999 J ... .. ... .... ... ... .... .... ... .. ... .... .... ... .... ... ... ... ... Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. Road Work: means the preparation, construction, finishing and construction maintenance of roads, 'streets; highWays and parking lots and includes all work incidental thereto other than work on structures. Sewer and Watennain Work: means the preparation, construction, finishing and construction maintenance of sewer systems and watermain systems,. and includes all work incidental thereto other than work on structures. Standby Time: 'means any'period of time Whichis'not-considered'Working;T~nd which together with the Working Tme does not exceed 10 hours.jn ' any;one iWorking: Day.: and :duririgwhich time a unit of equipment cannot practically be used on other~work'butmustremain:on'.the'Site::in:order to.continue with its assigned task and during which time the unit is in fully operable condition. Structure Work: means the construction, reconstruction, repair, alteration, remodelling, renovation or , demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any.' bridge, building, tunnel or' retaining wan and the installation of. equipment and appurtenances incidental thereto. The 127 Rate: means the rate for a unit of equipment as listed in'OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the work is carried out or for equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a -Time 'and Material Basis: means Changes in the Work, Extra Work and Additional Work approved by the Contract Administrator for payment on a Tmeand Material basis. The Work on a Time and .Material Basis shall be subject to all the terms, conditions, specifications .and proVisions of the Contract. Working Time: means each period of time during which a unit of equipment is, actively and of necessity .. engaged on a. specific operation and the first 2 hours of each, immediately,foUowing . period during which the unit is not so engaged but during which the operation'is,otherwise~proceedingand during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is ina fully operable condition. __ . GC 8.02.04.02 Dally Work Records .01 Daily Work Records prepared as the case may be by either the Contractor's representative or the , Contract Administrator and' reporting the labour and Equipment employed and the Material used on each Time and Material project" shall be. reconciled and signed each day by both the Contractor's representative and the Contract Administrator. GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Tme and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. OPS General Conditions d Contract . September 1999 P8ge 41 GC 8.02.04.04 Payment for Labour .01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000. .02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03-At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract GC 8.02.04.05 Payment for Material .01 The Owner will pay the Contractor for Material used on each Time and Material project at 120% of the i:iCDstof the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of ':f$iOOo. - .-:a:" GC '8;02:04.06 Payment for Equipment GC 8.02.04.06.01 Working Time .01 The Owner will pay the Contractor for the Working Time of all equipment other than Rented Equipment and Operated Rented Equipment used on the Work on a Tme and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000. .02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a Tme and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment .03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price a~ved by the Contract Administrator prior to the use of the equipment on the Work on a Time and " MStenat Basis. GC 8~02m4;06.02 )'n~ Standby Time .01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by , the Contract Administrator. This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Tme and Material Basis. .02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Tme and Material Basis to be returned to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result from such retum. Page <42 OPS General Conditions of Contrad - September 1999 . ~ 'J , . ~'j " JJ j J J .J J J J .J J J J J J J j J .... .... .... .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis to or from the Working Area on a Time and Material basis, payment will be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. .. GC 8.02.04.07 Payment for Hand Tools .01 Notwithstanding any. other provision of this Section, no payment shall be made to ,the. Contractor for ... or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors . ... .01 Where the Contractor arranges for Work on a.Time and Material Basis, or.a part of it, to be performed by Subcontractors-.on .aTime an<LMaterial.basis.,.and...has~ived ~apprpv.al.prior to the . . commencement . of.' such'. work: '~in accordance witb.c::.tbe)~requirementst':of-iiSubsection.: GC 3.10, Subcontracting by the Contractor,. the. Owner will pay the ;cost'of'Work,on.a.run~and-1Material Basis by1he Subcontractor calculated-asif the Contractor had'donethe..Work..on-~Ti~and,Material Basis, plus'a markup calculated on the following basis: a) 20% of the first $3,000; plus b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excess of $10,000. ;02.No further markupwiU be applied regardless.oUhe extent towhich.the work is assigned or sublet to . others. If work is:assignedor. sublet-,to an.associate, .asdefined by the, Securities Act no markup whatsoever will be applied. . . ... ... .... .... GC 8.02.04.09 Submission of Invoices .... .01 At the start of the Work'on a Time and Material Basis, the Contractor -shall.provide,the applicable . labour and Equipment rates not already submitted to the Contract Administrator during the course of such work. .... .02 . Separate. summaries shall be'completed by the Contractor according to thestaodard fonn"Summary for Payment of Accounts on'a Time.and Material Basis". Each summary shall include the order number and covering dates of the work and shall itemize separately labour, Materials and Equipment .Invoices.for Materials, Rented. Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis ~lIbe included witheachsummary."-:..,.c.;;.. .,.-.....-..; . -..- .... ~03 Each monththe.ContractAdministratorwill include. with the.mQllthlylpr:qJre~.P!iyrne~; ~rtificate, the costs of the Work on a Tme and Material Basis incurred -during the preci!ding month all in .... . accordance with the contract administrative. procedures and the' Contractor's invoice of the Work on a Time and Material Basis. ' .04 The final "SummarY for Payment of Accounts on a Time and Material Basis. shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. ... GC 8.02.05 Final Acceptance Certificate .. .01 After the acceptance of .the .Work ,the Contract Administrator will issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate will not be issued until aU known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. .... .... OPS General Conditions of Contract . September 1999 Page 43 .... GC 8.02.06 Payment of Workers .01 The Contrador shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contrad and at intervals of not less than twice a month. .02 The Contrador shall require each Subcontrador doing any part of the Work to pay the workers employed by the Subcontrador on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contrador or any Subcontrador or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Records .01 The Contrador shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such .,' original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contrador shall require that Subcontractors employed by the Contrador preserve all original Records pertaining to the Work, Changes in the Work, Extra Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the labour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day. .03 The Owner may insped and audit the Contrador's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract. The Contrador shall supply . certified copies of any part of its Records required whenever requeSted by the Owner. GC 8.02.08 Taxes and Duties .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner will increase or decrease Contract payments to account for the exad amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contrador to the Contrad Administrator on forms provided by the Contrad Administrator to the Contrador. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contrador benefits from a change in Canadian Federal or Provincial taxes, the Contrador shall submit to the Contract Administrator, on forms provided by the Contrad Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes which impad upon commodities, which when left in . place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontrador, are subjed to a claim or benefit as detailed above. Services in the latter context means the supply and operation of eqUipment, the provision of labour and the supply of commodities, which do not form part of the Work. Page 44 OPSGeneral Conditions of Contract - September 1999 ~' J .~ j J J j J j J J j .J J J J J j J j j , ... ... ... GC 8.02.09 Liquidated Damages ... .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. ... .. ... .. ... ... ... ... ... .. ... .. .... ... .. OPS General Conditions at Contract - SeptAImbef 1899 Page 45 ,. ..J". . ~ ,; - ,". J · J J .J ~ .. j J J : J J J J J J J J J J o