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Home My WebLink About2007-158 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-158 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and 560789 Ontario Limited, c/o R & M Construction, Acton, Ontario, to enter into agreement for the Colwill Bridge Watercourse Realignment, Bowmanville Creek East Branch. 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, 560789 Ontario Limited, c/o R & M Construction, Acton, 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. - - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. - BOWMANVILLE CREEK EAST BRANCH CHANNEL IMPROVEMENTS AT COL WILL BRIDGE CONTRACT NO. CL2007-17 - - - APRIL 2007 - - - - - - ~~ architects planners - TSH No. 12-29612 - - - AGREEMENT - - THIS AGREEMENT made in quadruplicate - BETWEEN: 560789 ONTARIO LIMITED o/a R&M CONSTRUCTION - of the Regional Municipality of Halton and Province of Ontario - hereinafter called the .Contractor" - THE PARTY OF THE FIRST PART - - and - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - hereinafter called the .Purchaser" - THE PARTY OF THE SECOND PART - - WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, - equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete - such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though _ all the stipulations thereof have been embodied herein. - - - Page I of 3 - - - - - - - - - - - - - - - - - - - DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Bowmanville Creek East Branch Channel Improvements at Colwill Bridge, Contract No. CL2007-17 Addendum NO.1 dated May 3,2007 A. TENDER FORM: General Itemized Bid Agreement to Bond Schedule of Tender Data STANDARD TERMS AND CONDITIONS SCHEDULE C - CONTRACTOR SAFETY INSTRUCTIONS TO TENDERERS SPECIAL PROVISIONS - GENERAL SPECIAL PROVISIONS - TENDER ITEMS DESIGN GUIDELINES STANDARD DRAWINGS PLANS: Drawings No. 1 to 5 and L 1 STANDARD SPECIFICATIONS: B. C. D. E. F. G. H. I. 1. 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 511 Nov. 2001 577 Feb. 1996 128 Current 518 Apr. 1999 902 Nov. 2002 182 Nov. 2000 565 Apr. 1988 1860 Mar. 1998 201 Nov. 2003 570 Aug. 1990 206 Nov. 2000 572 Nov. 2003 K. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999) All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before Friday, September 28, 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: 56078 SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~or' - - .. in the presence of .. .. - - - .. in the presence of .. - P: I 12-29612\SpecsICL2007-17-AGR.doc - - - c"JOC(Lj I f'tu=S IOt:.NT d~, JOO-:;' Date ,:rIA,J€ dt) I dOC 1- Date ) ) ) ) ) ) ) ) ) Date ) -j /1 ~ // ~- // C'~h~ . I Date Page 3 of 3 L l 1 1 .. L l 1 L l L L l l l l L L L L CONTRACT NO. CL2007-17 . MUNICIPALITY OF CLARINGTON BOWMANVILLE CREEK EAST BRANCH CHANNEL IMPROVEMENTS AT COL WILL BRIDGE ADDENDUM NO.1 Contractors are hereby advised of the following modifications to Contract No. CL2007 -17: ITEMIZED BID The quantities under Item No. 12 - Plant Material shall be revised to the following: 12 SP Plant Material i) Chokeberry (60 em pot) ea 80 ii) Alternate Leaved Dogwood ea 11 (125 em pot) iii) Silky Dogwood (80 em pot) ea 50 iv) Red Osier Dogwood (50 em ea 80 pot) v) Grey Dogwood (60 em pot) ea 35 vi) Pussywillow (60 em pot) ea 15 vii) HeartleafWillow (60 em pot) ea 70 viii) Peachleaf Willow (80 em ea 6 pot) ix) Beaked Willow (40 em pot)- ea 81 Live Crib Wall x) HeartleafWillow (40 em pot) ea 100 - Live Crib Wall xi) Pussywillow (40 em pot)- ea 90 Live Crib Wall xii) White Cedar, Field Grown - ea 50 (175 em b.r.) xiii) American High Bush ea 40 Cranberry (80 em pot) xiv) Speckled Alder (Alnus ea 11 incana, 30 mm BB) SPECIAL PROVISIONS - TENDER ITEMS UNW A TERING - ITEM NO.4 Paragraph I - Replace paragraph I of this Item with the following paragraph: "Under this Item and for the Contract price, the Contractor shall carry out all pumping works to ensure that the armour stone and timber crib walls are placed in as dry a condition as possible to L l L 1 L L L ( L l L l L l L L L L l L CONTRACT NO. CL2007-17 MUNICIPALITY OF CLARINGTON BOWMANVILLE CREEK EAST BRANCH CHANNEL IMPROVEMENTS AT COLWILL BRIDGE 20f2 ADDENDUM NO.1 ensure satisfactory grades and alignment. Unwatering for concrete repairs to the bridge abutments will be the responsibility ofthe Bridge Contractor." 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 May 3, 2007 P:\12-29612\SpecsIADD I.doc TIH - - PROJECT: - AUTHORITY: - CONTRACT ADMINISTRATOR: - - - TENDERER: - - .., - .. - - - TENDERS RECEIVED BY: - - P:\ 12-29612\Specs\22055-TF-SignDocs.doc ... - TENDER FOR CONTRACT NO. CL2007-17 BOWMANVILLE CREEK EAST BRANCH CHANNEL IMPROVEMENTS AT COL WILL BRIDGE CORPORA nON 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 560789 Ontario Limited o/a R&M Construction Name 254 Main Street North Acton, Ontario L 7 J 1 W9 Address (include Postal Code) Tel: 519-853-3966 Fax: 519-853-0395 Telephone and Fax Numbers Harry Reinders Name of Person Signing President Position of Person Signing Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. LtC 3A6 Page 1 of 6 pages - TENDER CONTRACT NO. CL2007-17 - - To: The Mayor and Members of Council Corporation of the Municipality of Clarington .. - Re: Contract No. CL2007-17 Bowmanville Creek East Branch Channel Improvements at Colwill Bridge - 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 6 pages .. ITEMIZED BID CONTRACT NO. CL2007-17 .. In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2007-17 for the following unit prices. .. Spec. No. SP (P) MOC The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications Refers to Special Provisions Plan Quantity Payment Item M un icipality of Clarington Design Guidelines and Standard Drawings - Item No. Spec No. Description Unit Quantity U nit Price Total 1 206,565 Site Preparation and Restoration LS 9,000.00 9,000.00 SP, MOC 2 SP Safety Fencing m 150 8.00 1,200.00 (P) 3 SP Temporary Stream Diversion LS 17,000.00 17,000.00 4 SP Un watering LS 5,000.00 5,000.00 5 206 Earth Excavation, Grading 3 770 12.00 9,240.00 m SP, MOC 6 SP Armour Stone t 578 105.00 60,690.00 7 511 Filter Stone t 225 26.00 5,850.00 SP 8 511 Rock Protection t 130 26.00 3,380.00 SP 9 SP Pools - River Stone t 274 43.00 11,782.00 10 1860 Geotextile SP i) Armour Stone - (600R) 2 380 2.40 912.00 m ii) Rock Protection - (360R) 2 135 2.00 270.00 m iii) Live Crib Wall- (360R) 2 121 2.00 242.00 m 11 SP Live Crib Wall m 22 420.00 9,240.00 12 SP Plant Material i) Chokeberry (60 em pot) ea 80 20.00 1,600.00 ii) Alternate Leaved Dogwood ea 11 20.00 220.00 (125 cm pot) iii) Silky Dogwood (80 em pot) ea 50 20.00 1,000.00 iv) Red Osier Dogwood (50 cm ea 80 20.00 1,600.00 pot) v) Grey Dogwood (60 cm pot) ea 35 20.00 700.00 vi) Pussywillow (60 em pot) ea 15 20.00 300.00 vii) HeartleafWillow (60 em pot) ea 70 20.00 1,400.00 viii) Peachlea[ Willow (80 cm pot) ea 6 25.00 150.00 - .. .. .. .. - .. .. ... .. .. - - ~ - Page 3 of 6 pages - ITEMIZED BID CONTRACT NO. CL2007-17 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for ... Contract No. CL2007 -17 for the following unit prices. - Spec. No. SP (P) MOC The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications Refers to Special Provisions Plan Quantity Payment Item Municipality of CIa ring ton Design Guidelines and Standard Drawings - Item No. Spec No. Description Unit Quantity Unit Price Total ix) Beaked Willow (40 cm pot)- ea 81 15.00 1,215.00 Live Crib Wall x) HeartleafWillow (40 cm pot) - ea 100 15.00 1,500.00 Live Crib Wall xi) Pussywillow (40 cm pot) - ea 90 15.00 1,350.00 Live Crib Wall xii) White Cedar, Field Grown - ea 50 30.00 1,500.00 (175 cm b.r. ) xiii) American High Bush ea 40 20.00 800.00 Cranberry (80 cm pot) xiv) Speckled Alder (Alnus ea 11 285.00 3,135.00 incana, 30 nun BB) 13 570 Topsoil (imported) 2 1,000 2.50 2,500.00 m SP, MOC 14 572 Seeding 2 1,000 0.70 700.00 m SP, MOC 15 SP Sweeper Logs ea 4 400.00 1,600.00 16 577 Light Duty Silt Fence m 120 8.00 960.00 SP 17 SP Erosion Control Blanket 2 100 2.00 200.00 m 18 SP Miscellaneous Works LS 7,000.00 19 SP Bonds, Insurance and Maintenance LS 1,200.00 1,200.00 Security Total (Excluding GST) 164,436.00 GST (6% of Total) 9,866.16 TOTAL TENDER AMOUNT 174,302.16 - - - ... - - - ... .. - .. Tenderer's GST Registration No. 106375603 RTOOOl P/29612/Specs/220S S-IlemBid-SignDocs.xls - - .. - Page 4 of 6 pages - AGREEMENT TO BOND (to be completed by Bondin!! Company) CONTRACT NO. CL2007-17 - Bond No.: 100007516-12-07 - - WE, the Undersigned, HEREBY AGREE to become bound as Surety for 560789 Ontario Limited o/a R&M Construction 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. CL2007-17 is accepted by the Authority. - - IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) _ DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. - - DATED AT Toronto this ~ day of May 2007 - - Travelers Guarantee Company of Canada (formerly St. Paul Guarantee Insurance Company) Name of Bonding Company - - Millie Macesic 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 5 of 6 pages - - - - ... - - ... ... ... ... ... - ... - ... .. - ... SCHEDULE OF TENDER DATA CONTRACT NO. CL2007-17 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 SCHEDULE C - CONTRACTOR SAFETY INSTRUCTIONS TO TENDERERS SPECIAL PROVISIONS - GENERAL SPECIAL PROVISIONS - TENDER ITEMS DESIGN GUIDELINES ST ANDARD DRAWINGS 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 Pages 3 and 4 Page 5 Page 6 Pages 1 to 9 Pages 1 to 8 Pages 1 to 4 Pages 1 to 10 Pages 1 to 16 B. C. D. E. F. G. H. I. J. 1 to 5 and L 1 OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 511 Nov. 2001 577 Feb. 1996 128 Current 518 Apr. 1999 902 Nov. 2002 182 Nov. 2000 565 Apr. 1988 1860 Mar. 1998 201 Nov. 2003 570 Aug. 1990 206 Nov. 2000 572 Nov. 2003 K. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999) The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax requirements, so that it is able to do business in Ontario. Yes x No By my/our signature hereunder, I/we hereby identifY this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL200 -17, executed by me/us bearing date the 4th day of May 2007 and we have fully read all related docum ts to ~~ data :s_listed above. SIGNATURE: POSITION H~}lel2-vJ t?CI/\J02LSj Pt?f..SIO~f\.;J- NAME OF FIRM 560789 Ontario Limited o/a R&M Construction President . (COMPANY SEAL) Privacy Leeislation 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 6 of 6 Pages to be submitted as the Tender Submission for Contract No. CL2007-17. ... ... .. .. ... ... ... .. .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-17 .. ... ... .. .. ... I. STANDARD TERMS AND CONDITIONS .... ... P/29612/Specs/22056- T &C ... ... STANDARD TERMS AND CONDITIONS 1 ... l.. The Municipality ofClarington's "Standard Terms and Conditions" shall apply to this Contract except where noted below. .. . Clause 8 of the "Standard Terms and conditions" shall be superceded by Clause 7, "Payments" of the "Special Provisions - General" Section of the Contract. ~ . Clause 15 of the "Standard Terms and conditions" shall be superceded by Clause 1, "Guaranteed Maintenance" of the "Special Provisions - General" Section of the 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 of the "Standard Terms and Conditions" shall be superceded by Clause 18, "Workplace Hazardous Materials Information System (WHMIS)" of the "Special Provisions - General" Section of the Contract. .. ... ... .. .. ... l.. .. ... .. .. .. 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. j 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. 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 ... ... ... .. ... ... , ... .. .. ... .. ... '- '- ... .. .... ... ... STANDARD TERMS AND CONDITIONS 3 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly 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 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. I .. 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 j Should any additional tax, duty or any variation in any tax or duty be imposed by the Govemment of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. J 8. TERMS OF PAYMENT .J Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. 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 ALTERNATES J 10. 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 .J The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. J .. il. STANDARD TERMS AND CONDITIONS 5 13. II. ... 14. ~ ... 15. .... '- 16. ... ... ... ... 17. a. ... b. ... ... ... .. ... ... FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to fumish reasonable evidence that financial arrangements have been made to fulfill the Company's obligations under the Contract. 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 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. 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 j 6 d. j If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; j ii) .J 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 18. j CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. f ... 19. QUANTITIES j Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are fumished 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. 20. .J SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be 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 j 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 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 ... ... .. .. ... ~ .... -. .. .. .. .. ... ... .. .. .. .. .. 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 I Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: Single Independent Contractors I Owners I Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining 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 I Owners I Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional insureds in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the municipality prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the 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. .J SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. .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. j The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. 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. .J 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) 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 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. f .J 32. 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 ... It. 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. .. ... 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. ~ .. 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." .. ... ... ... ... .. ... .. ... ... .. .. .. .. ... ... ... ... .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-17 ... .. .. ... ... II.. .. .. .. SCHEDULE 'c' ... ... P129612/Specs/Schedule C-29612.doc ... .. .. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE .... POLICY: ... Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: ... ... the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the proiect; I ... 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 l'roiect 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. .. .. .. lilt j 2 SCHEDULE (C CONTRACTOR SAFETY j J 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. ..J Project Manager - means the municipal management representative who has responsibility for a contract. j PROCEDURE: j J The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate must determine whether any designated substanceslhazardous materials are (or will be) present at the site and prepare a list of all these substances. J 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 substanceslhazardous materials must be provided to all prospective constructors and/or contractors. j j 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. .J 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. .J 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. .J f) .J As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. g) j 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). .J h) Before the start of the assignment, the following documentation will be provided to the successful contractor, by the project manager or delegate. J i) ii) iii) Copies of the Municipal Corporate Health and Safety Program Departmental health and safety policies Workplace procedures regarding health and safety practices. J j .. 3 ... SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... .. ... .. .. ... ... I.. -. .. ... .. .. II. ~ .. ... ... i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. 1) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. j 4 SCHEDULE (C) CONTRACTOR SAFETY .J .J POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): .J 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. .J In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety and Insurance Board (WSm) information noted below, where applicable. j . The New Experimental Experience Rating (NEER) - The wsm experience rating system for non-construction rate groups J .J . The Council Amended Draft #7 (CAD-7) Rating - The wsm experience rating system for construction rate groups .J j . Injury frequency performance for the last two years - This may be available from the contractor's trade association .J . 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). J j . Confirmation of Independent Operator Status - The wsm independent operator number assigned: j (Bidders to include the letter confirming this status and number from wsm with their bid submission.) j j J j .J ~ 5 .. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... ... .. il. .. i .. ... .. il. ~ 3. ... 4. ... ... .. 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 IfActlf); 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. The contractor/successful tenderer shall rectify any unsafe act or practice and any non- compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, .. .. \ ... ... a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; 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. . 0 o%.~~?~. 0 0 0 oQ.~00Qo. oY~o ~ o~.. .~!0... &. of!\.. 0 0 0<;';9. ~:~~0c:!'9~0. o. 0 0 0 0 .......00000.000.. Name of Person Signing for Contractor ......r 00' 0.00000 0...0.00.0..00.0.0000...... o. o. 0000000.0... 00000..0.. 0.0. 0.0.00.00. 0.000.0... .Jor.Ao~S;..~ ...~.qQ:t. 00' 0 0 Signat e of Contractor l--l'AU."" R.CIfJ~ Date p t€.~j OG Ni 6 j j J j j J j J .J J .J .J j j j j j .J .J ... 7 i.. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... ... CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER -- The purpose of this form is to: (Issuer to check one of the following) ... Provide warning to the contractor to immediately discontinue the unsafe work practice described below ... Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. ... FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. PART "A" - DETAILS OF CONTRACT ... L CONTRACTIP.O. # , I.. DESCRIPTION: ... NAME OF FIRM: .. PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) ... ... ... ... ... ... ... SCHEDULE (C) CONTRACTOR SAFETY DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE & TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART "C" - ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. 8 J j j j j .J j .J j j j j J J J j J J J - - - - - - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-17 - - - - - - - INSTRUCTIONS TO TENDERERS - - P\29612\Specs\22057 -IT. doc - .. - INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-17 .. CLAUSE SUBJECT PAGE - - 1. GENERAL............... .................................................................... ........................................................................ 1 2. BLANK FORM OF TENDER ................................................................... ....... .............. .................. .................. 1 3. TENDER DEPOSITS.......................................................................................................................................... 1 4. BONDS.................................................................................................................................................... ............ 2 5 . UNACCEPTABLE TENDERS ..... ................ ........ ........................ ........ ..... ....... ................................ .................. 2 6. ABILITY AND EXPERIENCE OF TENDERER............................................................................................... 2 7. PROVINCIAL SALES TAX.................................................................................... ........................................... 2 8. GOODS AND SERVICES TAX (GST).............................................................................................................2 9. EXECUTE CONTRACT DOCUMENTS ............. ........................ ........................ ..................... ....... .......... .... .... 2 10. COMMENCEMENT OF WORK................................................................................................... ...... ........ ....... 3 11. LOCATION. ...... .......................... ................... .................. ................ .............. ................................... ....... ........... 3 12. SOILS INFORMATION AND CROSS-SECTIONS .......................................................................................... 3 13. TENDERERS TO INVESTIGATE..................................................................................................................... 3 14. INQUIRIES DURING TENDERING................................................................................................................. 3 15. AWARD OF THE CONTRACT.........................................................................................................................4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.................. 4 17. ADDENDA............ .............................................................................................................................................. 4 18. TENDER OPENING MEETING ........................................................................................................................4 .. - - .. - .. .. .. .. - - - - - - - - - - - - - ,- - - - JIIlt - ... - - - - PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-17 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2007 -17" will be received until: 2:00:00 P.M., LOCAL TIME, FRIDAY, MAY 4, 2007 and shall be addressed to: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. Ll C 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender Amount Minimum 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 2,000,000.01 and over 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. MIl INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-17 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. MIl MIl 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. MIl 5. 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. "" 6. 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. IIlIII ... 7. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. ... .. 8. 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. oil MIl 9. 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. .. MIl .. - INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-17 3. - .. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days ofreceipt 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 ofthe other Tenderers or take such other action as it chooses. - 10. COMMENCEMENT OF WORK .. The successful Tenderer shall commence work such that all in-water works are completed within the July 1,2007 to September 15,2007 Fisheries window. - 11. LOCATION .. The work is located 0.8 km south of the Village of Hampton, in the Municipality of CIa ring ton, on Old Scugog Road, where the road intersects the Bowmanville Creek East Branch. - 12. SOILS INFORMATION AND CROSS-SECTIONS A geotechnical investigation has not been undertaken on behalf of the Authority. .. 13. TENDERERS TO INVESTIGATE .. Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. - The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. - - It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 14. INQUIRIES DURING TENDERING .. - The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to Ron Albright, P. Eng. or Stu Stanley, C.E.T., at Totten Sims Hubicki Associates, Telephone (905) 372-2121. - - .. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2007-17 4. III 15. A WARD OF THE CONTRACT III The award of this Contract is subject to the approval of the Central Lake Ontario Conservation Authority, and the receipt of all necessary agency approvals. .. 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 Cia ring ton". III 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 Clarington". III Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. .. ... 17. ADDENDA .. The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. ... 18. 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. III III .. .. lIli .. III .. - ... - .. ... - .. - .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-17 ... - ... - - - ... SPECIAL PROVISIONS - GENERAL - P\29612\Specs\22058-SPG.doc - - ...' - INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2007-17 - CLAUSE SUBJECT PAGE ... 1. GUARANTEED MAINTENANCE................................... ...... .......... ................................................. 1 2. CONTRACT TIME AND LIQUIDATED DAMAGES ..................................................................... 1 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE .................................................................2 4. OPS GENERAL CONDITIONS .........................................................................................................2 5 . LAyOUT............................................................. .................... ........ ............................... .....................2 6. RESTRICTIONS ON OPEN BURNING............................................................................................2 7 . PAYMENTS .............. ..................... .................................................................... ......... ............... ........ 3 8. UTILITIES.................................................................................. ........................................................3 9. HAUL ROADS...................... ............................................................................................................. 4 10. DUST CONTROL............................................................................................................................... 4 11. TRAFFIC CONTROL, FLAGGING...................................................................................................4 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ............................................................. 5 13. MAINTENANCE OF TRAFFIC ................................................................... ..... ............. ................... 5 14. EMERGENCY AND MAINTENANCE MEASURES ......................................................................5 15. ENGINEERING FIELD OFFICE .......................................................................................................6 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL.......................................................6 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES........... 6 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ......................8 19. SPILLS REPORTING .................................................... ......................................................... .... ........ 8 20. STORAGE AREAS............................................................................................................................. 8 21. GENERAL LIABILITY INSURANCE.. ............................................................................................ 9 22. CONSTRUCTION LIEN ACT ........................................................................................................... 9 23. VARIATION IN TENDER QUANTITIES ........................................................................................ 9 24. PROPERTY OWNER'S RELEASE OF PRIV A TEL Y OWNED LAND USED BY THE CONTRACTOR............. ......... .................................................... ...................................................... 10 .. - - - - - - - - - ... - - - - .' P AGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-17 - - 1. GUARANTEED MAINTENANCE ~ Section GC7.l5.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty- four (24) months. . The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. - - The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 2. CONTRACT TIME AND LIQUIDATED DAMAGES - (1) Time - Time shall be the essence of this Contract. - For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC 1.06. .. (2) Progress of the Work and Contract Time - The Contractor shall accomplish completion of this Contract as defined in GC 1.06 of the General Conditions on or before Friday, September 28, 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 therefor. - .. (3) Liquidated Damages - It is agreed by the parties to the contract that in case all the work called for under the contract is not completed by the date specified, or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties - - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-17 ,..,. 2. .. hereto agree that the Contractor will pay to the Authority the sum of $500.00 (Five Hundred Dollars) 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. .... lIII!! 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. .. 11IIII 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.0 1.09 is defined as an employee of the Contractor. .. 4. OPS GENERAL CONDITIONS .. Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, September 1999. .. 5. LA YOUT ... 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 provide the Contractor with a list of layout coordinates and the associated control points necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit the Contract Administrator to confirm that the control points are preserved on site and reestablish them where necessary. .. .. The information provided by the Contract Administrator shall be sufficient to permit layout and construction of the work by the Contractor in compliance with the Contract Documents. .. 6. RESTRICTIONS ON OPEN BURNING .. Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. ... .. ... ... - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-17 3. - 7. PAYMENTS ... Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. - - In accordance with the Construction Lien Act, an amount equal to 10% of the value of the completed Contract works shall be held back for a period of 46 days following publication of Substantial Performance. - 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. - Payments made hereunder, including final payment shall not relieve the company from its obligations or habilities under the contract. .. - Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Authority except those previously made in writing in accordance with the contract and still unsettled. ". The Authority 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. - 8. UTILITIES - Sections GC2.0 1 and GC7.l2 02) of the General Conditions are deleted in their entirety and are replaced by the following: - The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. .. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. - The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-17 '.. 4. ... exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. ... 9. HAUL ROADS - When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. .. 10. DUST CONTROL .. As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. - .. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. - The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. .... . ... 11. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry of Transportation's District Office. .. - Each flagman shall, while controlling traffic, wear the following: fill (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. .. .. .. - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-17 5. - 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS - - In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. - Traffic controls shall be provided in general accordance with the latest edition of the "Manual of Uniform Traffic Control Devices", Division 5. As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: - Sign Number Sign Message Number Required TC-I CONSTRUCTION 2 TC-3IR TRUCK ENTRANCE 2 - .... Traffic controls shall be operational before work affecting traffic begins. - 13. MAINTENANCE OF TRAFFIC .. The following traffic maintenance arrangements shall be in effect during work on this Contract. - It is the intention of the Contract that vehicular access to the properties on Old Scugog Road be provided at all times. ... It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. - No deviation from the above procedure will be allowed except with the approval of the Engineer. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. Old Scugog Road shall be accessible to the public at all times excepting only short durations where off-loading of construction materials may cause minor pedestrian traffic delays. - .. - 14. EMERGENCY AND MAINTENANCE MEASURES - Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-17 IIlII 6. .. in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. .. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. - ... 15. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. ... .. 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: - .1 Section 180.03, Definitions, shall be amended by the addition of the following: .. Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. ... .2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the addition of the following: ... Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800, OPSF 1801, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of excess material. ill' .. 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES fill In accordance with the requirements of Section 18a( 1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. .. .. .. .. - ., SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-17 7. - - Designated Identified on this Site Location Substance Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No Mercury No Silica No Vinyl Chloride No - .. - .. - .. ... It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. - - The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. - Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario, M4H IA8 of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. - - In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. - All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. - The requirements of Section GC4.03 of the General Conditions of the Contract shall apply. - - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-17 .. 8. .. ... 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting ... Section GC4.03.06 is deleted and replaced with the following: ... Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labeled. .. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. IfIf1I 19. SPILLS REPORTING .. Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such 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. III 20. STORAGE AREAS .. Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the following: .. Storage areas are indicated on the Contract drawings. The use of the road right-of-way as a long term storage area is not allowed. IIli Vehicular and pedestrian traffic road surface areas must be kept open at all times excepting short periods for off-loading of equipment and materials. .. .. III - SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2007-17 9. - 21. GENERAL LIABILITY INSURANCE - Central Lake Ontario Conservation Authority shall be named as an additional insured. - 22. CONSTRUCTION LIEN ACT - The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. - When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. - .. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. - - .. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indenmify the Authority from reasonable legal fees incurred in appearing on such an application and in addition ab'Tees 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. - - 23. VARIATION IN TENDER QUANTITIES - Clause GC.8.01.02 (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. CL2007-17 .. 10. all 24. PROPERTY OWNER'S RELEASE OF PRlV A TEL Y OWNED LAND USED BY THE CONTRACTOR all 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, CET, Director of Engineering Services Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L 1 C 3A6 .. .. Re: Contract No. CL2007-17 .. Dear Sir: .. I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. ."" I have accepted their final payment and release - (Name of Contractor) and the Corporation of the Municipality of Clarington from further obligations. ... Yours very truly, .. .. Signature Property Owner's Name.. ................ ........ ..Lot.... .Concession.......... .. Municipality of ........... ........... ............ ...... (Please complete above in printing) .. Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. ... ... .. L L L l L L L L L l L L L L L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-17 SPECIAL PROVISIONS - TENDER ITEMS L L L Pf296] 2fSpecsf22059-SP- TI.doc L L PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 , 1. ORDER OF PRECEDENCE L L L L L L L L L L L L L L L L 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". ENVIRONMENTAL PROTECTION FOR EROSION CONTROL WORKS SPECIAL PROVISIONS - TENDER ITEMS: PREFACE A. CONTRACT ITEMS: Items in the Schedule of Unit Prices are intended to cover and include the supplying of all labour, equipment and materials necessary for the completion of the various works called for in this Contract; and the prices set out in the said Schedule of Unit Prices for the said Items shall be full compensation for labour, equipment, and materials supplied and necessary to complete and restore all the work covered by the said Items and pertinent changes. B. GENERAL NOTES: CHANNELIZATION AND FISHERIES MITIGATION MEASURES 1. General It is intended that the works proposed be executed in such a manner which, to the fullest possible extent, minimizes any adverse effect on the cultural and natural environment of the project area. The environmental conditions ofthe contract stated herein must be complied with in all respects. It is the responsibility of the Contractor that all his personnel be sufficiently instructed so that the work is carried out in a manner consistent with minimizing environmental insult. Where in the opinion of the approving Authority, any of the terms, conditions, undertakings and agreements herein have not been complied with or performed in a suitable manner, or at all, the Authority has the right to immediately withdraw its permission to continue the work but may renew its permission upon being satisfied that the defaults or deficiencies in the performance of this work by the Contractor have been remedied. No compensation will be made to the Contractor for the withdrawal of permission to do the work resulting from non-compliance with the requirements of approving authorities or for any delays incurred. 2. WatercourselFisheries Protection At all times, the Contractor's operations shall be controlled so as to prevent the entry of deleterious materials to the watercourse. Controls shall include, but not be restricted to, the following: a) Erosion and sedimentation control, and protection of environmentally sensitive areas, shall be in compliance with requirements that may be specified elsewhere in the Contract. Sediment and erosion control measures shall be implemented prior to work and maintained during the work phase. All disturbed areas are to be stabilized upon completion of work. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 2. b) Dewatering of the watercourse as noted on the contract drawings and as required to complete the work shall not be constructed or utilized, unless otherwise approved by the Central Lake Ontario Conservation Authority and the Contract Administrator. c) Where the Contract does not require work in watercourses or on watercourse banks, equipment shall not be operated within such areas. d) Where the Contract requires work in watercourses or on watercourse banks, operation of equipment within such areas shall: i) be kept to the minimum necessary to perform the specified work; ii) comply with operational constraints that may be specified elsewhere in the contract; and iii) otherwise proceed in a continuous fashion so as to minimize the duration of such work. e) Construction material, excess material, construction debris, and empty containers shall be stored away from watercourses and watercourse banks. f) Where the area enclosed by cofferdams is dewatered, the Contractor shall release any stranded fish to the watercourse without harm. Dewatering effluent shall be discharged so as to prevent the entry of sediment to the watercourse. The crib wall construction works shall be conducted in the "dry" by using various dewatering structures and pumps. "Dry" means a condition wherein quality workmanship is possible and sedimentation does not occur in the active stream areas. g) No in-water construction will be permitted that may damage fish habitat as a result of negligent construction practices. Any such damage may result in the Contractor being liable to charges under the Federal Fisheries Act. h) In-water construction will be permitted from July 1st to September 15th. There will be no exceptions to these timing guidelines. i) Motorized equipment shall not travel in the active portion of the stream without prior consent from the Contract Administrator. j) Cleaning of equipment is not permitted in or adjacent to the watercourse. k) A settling/filtration basin or adequate silt bag arrangement will be required for processing all water from unwatering operations prior to the water re-entering the creek. The material obtained from any cleaning-out procedure shall become the property of the Contractor and shall be disposed of outside the limits of the Contract at the Contractor's expense and in accordance with the Environmental Protection Act and Regulations made thereunder and as directed by the Contract Administrator. Such work shall be deemed to be included in this Item and at no extra payment shall be made for it. In the event that the Contract Administrator determines that controls are unacceptable, the Contractor shall cease those operations as identified by the Contract Administrator which are causing the entry of deleterious material to watercourses. Such operations shall remain suspended until otherwise directed by the Contract Administrator in writing. .~..- J J 1 j J J J '~ J J _:, j t j .J J J .t ;] ~, L~ L L L L L L L L L L L L L L l l L 1 SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 3. 3. Watercourses/Fisheries Protection During Watercourse Channelization The requirements of this special provision are in addition to those which may be specified elsewhere in the Contract. The Contractor shall give the Contract Administrator written notice a minimum of 3 working days prior to the date that permission is required to remove the dewatering structure. The removal of the dewatering equipment/structure shall not commence until the Contract Administrator has given approval, in writing, to proceed. Permission to proceed will be provided if the Contract Administrator determines that: a) the specified surface treatment (stone, etc.) of the watercourse north edge of channel has been completed between the upstream and downstream limits as specified, and that all crib work, armour stone and river stone materials are in place. b) any fisheries compensation/enhancement measures have been completed as specified; c) measures are in place so as to prevent the entry of sediment from areas disturbed by construction to the new watercourse channel; and d) all materials not required for the completed structures, and all equipment and debris have been removed. 4. Clearing/Grubbing for Channelization It is recommended that the Contractor hire a Landscape Company that can demonstrate its familiarity with bio-engineering techniques to carry out the tasks related to construction of the live crib wall and plantings. 5. Refueling Areas Procedures for the interception and rapid clean-up and disposal of spillages that do occur shall be submitted to the Contract Administrator for review prior to starting work. All materials required for clean-up of fuel spillages shall be maintained readily accessible on site. No fuelling of any equipment shall be carried out within thirty metres of any watercourse. Any spills apt to cause impairment to the natural environment must be immediately reported by the Contractor to the Contract Administrator and to the local Ministry of the Environment and Energy District Office. 6. Shop Drawings Before commencing construction, the Contractor shall submit, to the Contract Administrator six (6) copies of his method of dewatering, erosion and sediment control measures. These shall include detailed shop drawings and specifications for his method of dewatering, methods of preventing erosion and siltation, staging plans, temporary diver~ion, and settling/filtration basins during SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 4. construction. The Contractor's dewatering method will also be subject to approval of the Central Lake Ontario Conservation Authority. Upon written approval of the drawings and procedures, the Contractor may commence the installation of the water quality protection measures. Safety fencing shall be in place prior to the commencement of major construction operations. 7. General Restoration Restoration shall not be undertaken as a final project task but shall be initiated as soon as backfilling and compaction activities have been completed, except as otherwise approved by the Contract Administrator. All existing grassed areas disturbed by the Contractor's operation for any reason, shall be repaired with a 100 mm depth of topsoil and placement of a straw mulch cover. The Contractor shall not permit any excavated materials or other material to be deposited in any watercourses except that indicated in the contract documents such as rock protection and any specified materials to be placed in the dry. SITE PREPARATION AND RESTORATION - ITEM NO.1 Scope Under this Item and for the Contract price, the Contractor shall supply all equipment, labour and materials required to complete the works in accordance with requirements of the Ministry of Natural Resources, the Central Lake Ontario Conservation Authority and other governmental agencies having jurisdiction in the area of the proposed construction operations, and to the satisfaction of the Engineer. The Contractor must ensure that all required excavation is completed in the active streambed areas area by using suitable dewatering techniques which will allow the required construction without sediments being released to the stream flow. The Engineer will mark all trees designated for removal. All other trees and shrubs shall be protected with fencing at the dripline. Access to the site will be where indicated on the Contract Drawings. The Contractor shall obtain approval from the Contract Administrator prior to removing any additional trees necessary to accommodate the proposed access routes. Should the Contractor decide that it is necessary to place a granular base for any access route; all costs associated with the access route materials and installation, removals and supply of a 100 mm depth of topsoil with seed for restoration shall be considered as part of the price for this Item. Seeding will conform to the seed specifications. There are several areas where trees and shrubs are to be removed and these are indicated on the drawings. All indicated tree and shrub removals will be considered incidental to the works required under this Item. The Contract Administrator will review the tree removals with the Contractor to determine which trees, if any, can be preserved. Areas disturbed by construction activity which are outside the proposed grading limits will not be ~ J 'j '~ J j J J J J J I \j J ~J J J 1 So' - L' L L l L L L L L L L L L L L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 5. considered for payment as a part of this Item. These areas will be restored by grading, topsoil, seed and mulch at the Contractor's expense. SAFETY FENCING - ITEM NO.2 This Item shall include all work required to install and maintain the construction site fences. The fencing shown on the drawings shall be considered as a guide only and should be viewed as an absolute minimum requirement. The safety fences shall be constructed at the approximate locations shown on the drawings. The Engineer shall approve the exact locations on site during placement. The safety fences shall be left in place until the completion of the contract. Fence material shall be typical 1200 mm high snow fence or plastic fence such as manufactured by "Tenax Corp" and supplied by "Armtec Construction Products". TEMPORARY STREAM DIVERSION - ITEMS NO.3 Under this Item for the lump sum price bid, the Contractor shall complete the following works: . Divert the creek so that the channelization work can be completed in the "dry" (reference "Special Provisions - Tender Items: Preface" section). Place a filter bag at a location approved by the Contract Administrator. All dewatering which is pumped from excavations shall pass through a filter bag. The capacity of the proposed filter bag shall be reviewed and approved by the Contract Administrator. The required diversion work shall be accomplished in two separate stages as follows: Stage 1 i) Construct a diversion at the site's upstream limit so that the stream flows into the existing back channel as follows: . Remove a 6 m width of the south bank to an elevation which will allow normal flow to enter the existing back channel. Line any disturbed surface which will contact the diverted flow with woven geotextile or heavy gauge plastic sheeting and cover with 150 to 200 mm dia. rock. L L L L . Place polyethylene bags filled with pea gravel and place across the stream to complete diversion of stream to the back channel. . Complete construction of all north bank walls and to the extent possible, south bank walls, existing channel infill and grading, and excavation/lining of proposed channel except at upstream limit of diversion. Some additional cofferdam will be required at the northeast quadrant of the bridge. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 6. U J )' ,': l J J J l J j l j j I J J j J J Stage 2 ii) Construct diversion at the site's upstream limit so that the stream flows into the newly constructed north side of the channel (up against the armour stone and crib wall). · Complete using pea gravel filled polyethylene bags diversion arrangement so that stream is directed to the north side ofthe new channel and complete excavation of upstream and downstream limits of south side channel invert. · Complete remainder of south bank armour stone and crib wall construction. Note: Stream diversion material may be required for full length of channel to ensure flow stays out of excavation areas. An existing scour hole which has an approximate size of 3 m x 2 m x 0.8 m is located at the southeast comer of the bridge adjacent to the abutment. A separate Contract has been issued by the Owner for the repair of any deteriorated concrete under the structure. Under this Item, the Contractor is required to coordinate his dewatering activities with the Bridge Contractor. The Contractor shall complete all grading and river stone placement immediately after dewatering each side except for the existing scour hole which will be infilled with river stone once the concrete repairs to the footing are completed by the Bridge Contractor. After the Bridge Contractor has completed the bridge repairs and river stone installation is complete, the diversion materials shall be removed. Note: The Bridge Contractor is: Bob Hendrickson Construction Ltd. Port Perry, Ontario Tel: 905-985-3400 Should the Contractor wish to cross the stream directly rather than use the south access route indicated on the drawings, he may construct a channel crossing structure. Requirements for the crossing arrangement for access across the Stage 2 diversion channel to works on the south side (no flow) of the proposed channel: Construct Crossing Structure - (optional at Contractor's discretion) i) Flow area required for pipes or bridging is at approximately 1.33 m2 minimum within the Stage 2 diversion flow channel. ii) The Contractor shall be wholly responsible for his crossing scheme regarding the structure's adequacy and durability with respect to his intended loadings. The crossing structure proposal shall be reviewed and approved by the Contract Administrator. Note: The opening size will discharge relatively low flows. Stream discharges may occur from large storm events which will flood the work area. The Contractor may provide a greater flow area, however, any costs resulting from flooding of the work area will be the Contractor's responsibility. Once all of the works are completed under the Stage 2 diversion, the temporary crossing arrangement 1 L L L L L L L L L L L L L L L L L L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 7. storm events which will flood the work area. The Contractor may provide a greater flow area, however, any costs resulting from flooding of the work area will be the Contractor's responsibility. Once all of the works are completed under the Stage 2 diversion, the temporary crossing arrangement shall be dismantled. The crossing materials shall become the Contractor's property to be disposed of off site when water is diverted onto the newly constructed channel segments it shall be a controlled procedure so that water fills the channel gradually. Note: The Contractor may suggest alternatives or modifications to the foregoing diversion and crossing structure plans for the Contract Administrator's consideration. The order of diversion sequence (i.e., which side of stream is dewatered first will be at the Contractor's discretion). UNW A TERING - ITEM NO.4 Under this Item and for the Contract price, the Contractor shall carry out all pumping works to ensure that the armour stone and timber crib walls are placed in as dry a condition as possible to ensure satisfactory grades and alignment. Unwatering for concrete repairs to the bridge abutments will be the responsibility of the Bridge Contractor. (As per Addendum No.1) The silt bag location is indicated on the Contract drawings. The Contractor shall provide a silt bag which has the capacity to filter the flow from his pumping operation without by-pass. This Item shall include payment for all necessary pumping and cleanout of the silt bag. The silt bag shall not be allowed to become more than one-half full and shall also be cleaned at the Contract Administrator's direction. The outlet area for the silt bag discharge shall be protected from erosion with a suitable crushed rock pad on geotextile. Should the Contract Administrator determine the silt bag provided by the Contractor is insufficient to filter the pump discharge, additional or larger bags will be installed at a negotiated price. EARTH EXCA V A TION, GRADING - ITEM NO.5 Scope of Work The Contractor shall excavate, fill and grade all designated areas including walls, rock protection, channelization and landscaping as shown on the drawings. Salvage native bed material and place it in the gravel point bars as shown on the drawings. The work included with this Item will also include disposal of unacceptable excavated earth material at a site arranged for by the Contractor at his expense. Sufficient salvaged substrate material shall be stockpiled and used to mix with the river stone when constructing that Item. The Contract Administrator shall approve the quality of salvaged material before placement. Earth Excavation The excavation for the proposed structures shall not be outside of the neat lines as shown on the drawings unless directed by the Engineer. Backfilling with approved native material will be allowed to obtain j" SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 8. J J J J J J J . ~ J J j J J ~ J I J i becomes available. Stockpiles of earth material are to be kept to a minimum. Stockpiles which are to be retained more than a day shall be covered in plastic sheeting which has its bottom edge anchored a minimum of 100 mm into the ground. ARMOUR STONE - ITEM NO.6 Under this Item and for the unit price bid, the Contractor shall complete the following work: Supply and Place Annour Stone Annour stone shall be quarried sound limestone or granite without fractures or "fossilized" segments. Stones shall be selected at the quarry site by the Contractor and the Engineer and marked for delivery. Annour stone shall have a minimum volume of 1.33 m3 (approximate dimensions to be 1.1 m cubical) and a minimum weight of 3.6 tonnes. Stones shall be placed in the configuration indicated to line and elevation as shown on the contract drawings. The Contractor shall notify the Engineer 48 hours in advance regarding a time to select the stone. Stones shall be selected on the basis of the dimensions necessary to facilitate the design grades, and meet the foregoing requirements. FILTER STONE - ITEM NO.7 Under this Item and for the unit price bid, the Contractor shall: · Supply and place filter stone. The initial stone placement shall be conducted manually if necessary to ensure that gaps in the armour stone wall are effectively blocked with stone sizes larger than the gaps in the outside face of the armour stones. The remainder of the filter stone is to be placed after the Engineer has approved the blocker stone arrangement. The Contractor shall ensure that stone of sufficient size is available to block gaps and the remainder of the filter stone shall be sound quarried material in the 100 mm to 200 mm dia. range. ROCK PROTECTION - ITEM NO.8 Scope of Work The work shall be performed in general compliance with the drawings, OPSS 511 and as directed by the Engineer, and shall consist of supplying and placing a protective covering of approved rock material on the banks immediately adjacent to the back of the armour stone and at the top area of the crib walls. Stone protection shall consist of sound, clean quarried stone forming a protective covering placed to the cross section and limits as indicated on the Contract Drawings. The quality of the stone shall be approved by the Engineer. Stone shall be of an angular shape and clear of all fines. Stone shall satisfy the following gradation requirements: 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. CL2007-17 9. Gradation Limits for Stone Protection Maximum Allowable Maximum Allowable Maximum Allowable Maximum Allowable Minus 200 mm Minus 150 mm Minus 100 mm Minus 75 mm 80% 50% 20% 0% Placing shall be, carried out in such a manner that the surface of the finished stone protection shall have a uniform plane/flat appearance, and be without segregation. The top surface shall extend laterally to the edge of the crib wall as indicated on the Contract Drawings. The minimum depth of embedment shall be as shown on the Contract Drawings. Because the rock is to be placed on geotextile, it shall be placed without freefall. Extra care shall be taken at the crib wall areas to ensure damage does not occur to the plants. NOTE: Payment for geotextile, excavation and dewatering is included under other Items. RIVER STONE - ITEM NO.9 Under this Item and for the unit price bid the Contractor shall complete the following work: i) Supply and place river stone of the following gradation: 16% - 300 mm dia. 34% - 250 mm dia. 20% - 200 mm dia. 15% - 100 mm dia. 15% - 75 mmdia. ii) Mix salvaged (under Excavation Item) river bed substrate throughout the proposed depth of the river stone to infill the voids. iii) Consult with the Engineer/Geomorphologist prior to the supply of stone and obtain approval of quality. Also cooperate with the Geomorphologist to obtain the desired well-graded mix and configuration. iv) River stone shall be placed continuous throughout the channel invert area from the downstream limit of the riffle zone to the upstream match of the proposed channel with the existing channel. v) River stone shall be approved by the Engineer/Biologist prior to supply. Note: At the existing riffle location downstream of the bridge the river stone does not require excavation for placement. The area shall be dewatered and stone added to the existing riffle by pressing it into place by machine. The Geomorphologist will assist with locating the stones. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 10. j j J ~ J j J I ~ J J J t J J l J J I GEOTEXTILE - ITEM NO. 10 Work deemed to be included in the unit bid price for this item shall be as follows: a) Supply and place non-woven geotextile of the following type, or approved equal, in conformance with the lines and dimensions shown on the Contract Drawings and as directed by the Engineer. b) All supply and installation of geotextile incorporated in the proposed works shall be paid under this Item. The structures where geotextile is measured for payment under this item include the crib wall, armour stone wall and streambank rock protection. c) Terrafix "600R", or approved equivalent shall be placed under the filter stone material. Terrafix 360R, or approved equivalent shall be placed under the proposed rock protection areas and within the live crib wall. d) All seams to be overlapped 600 mm and the lap shall be considered as included in the contract unit pnce. LIVE CRIB WALL - ITEM NO. 11 Under this Item and for the Contract price bid, the Contractor shall supply all labour, equipment and materials to complete this Item as shown on the Drawings and as described herein. The Contractor shall obtain the Engineers approval regarding his field location of the structure prior to work commencing on the wall. The potted willows required to complete the works under this Item shall be supplied from nursery grade materials of type as specified at the end of this Item. Plants shall be planted in such a manner that the roots will not be restricted or destroyed. Do not compact soil around roots or ball. No planting shall be done in soil that is too wet or too dry, or otherwise unsatisfactory as determined by the Engineer. No payment will be made for such planting and all further planting work shall be suspended until the Contractor has complied. For container stock or root balls in non-degradable wrapping, remove entire container or wrapping without damaging root ball. The Contractor under this Item shall be responsible for the condition of all plant material as described for two years. During the warranty period, remove from site any plant material that has died, or failed to grow satisfactorily. Replace plant material with the same plants or an approved substitute in the next growing season. Extend warranty on replacement material for a period equal to the original warranty period. Plant material installed less than 90 days prior to frost will be accepted in the following spring, 30 days after the start of growing season provided acceptance conditions are fulfilled. Cedar material may be supplied in cut timber form of similar cross-section or as natural logs with the bark removed. The geotextile shall be carefully cut (minimum diameter) to allow openings for the lateral timbers as required. There shall be 6 willow potted plant bundles placed in each 1.5 m x 0.20 m opening in the crib above the L L L L L L L L SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 11. waterline (Note: each bundle to contain 5 individual 15 mm diameter plants tied in two places with string). The bundles shall be placed in two layers alternating to higher and lower layer. The structure shall be positioned such that a horizontal timber runs parallel and embedded a minimum of 50 mm into the stone in the channel invert as shown on the Drawings. Note: The supply and placement cost for the plants is included in the plant material item. The stone included within the confines of the crib wall and immediately below the crib wall as shown on the Drawings shall be 200 to 300 mm diameter, and the cost for this material included under this Item. Stone shall be clean, sound, quarried limestone. Care shall be exercised to ensure that the appropriate sized graded stone is placed at the wall openings so that the stone cannot be removed and that the plantings are not damaged. L L L NOTE: Stone, potted willow plantings and topsoil placement shall be commenced immediately after sections of the crib wall are complete in all other respects. The excavation of the bank shall be restricted to a length of crib wall which can be completed each day in order to minimize the risks associated with high flow, bank failure, flooding and sedimentation of the watercourse. One layer of dead 10 - 15 mm diameter willow cuttings or evergreen boughs shall be placed throughout the rock fill material as indicated on the drawings. All topsoil required to complete the crib wall and potted willow planting is considered to be an integral part of this Item. Heavy-duty coir (jute net) material shall be securely fastened with nails or fence stapler to the inside edge of log openings where topsoil is placed in order to protect the topsoil from high flow erosion. It will be necessary to cut small slots in the material to allow for the various plantings. PLANT MATERIAL - ITEM NO. 12 t L L L L L L L L This work shall consist of furnishing all labour and materials to supply, install and maintain trees, shrubs, perennials and plantings inside the crib wall. All plant material is to be approved at its source by the Contract Administrator at least 7 days in advance of shipment. No work under this Section is to proceed without approval. Reference Contract Drawings for the "Plant List". Acceptance of plant material at its source does not restrict rejection on site prior to or after planting operations. Contractor shall schedule his operations so that the planting is done in the fall of 2003. Imported plant material must be accompanied by the necessary permits and import licenses, and conform to Federal and Provincial regulations. Mulch shall be a shredded bark mulch of various sizes. Mulch shall be free of any deleterious materials or diseased wood. Submit samples of mulch for approval by the Contract Administrator prior to delivery of mulch to the site. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 12. I J j J J J J .1 'II J ~ 'J J 4 II J J J J J I Apply anti-desiccant spray to all plant material prior to being transported. Co-ordinate shipping of plants and excavation of holes to ensure minimum time lapse between digging and planting. Tie branches of trees and shrubs securely and protect plant material against abrasion, and exposure to extreme temperature change during transit. Avoid binding of planting stock with rope or wire which would damage bark, break branches or destroy natural shape of plant. Give full support to root ball or large trees during lifting. Keep roots moist and protected from sun and wind. Trees and shrubs that cannot be planted immediately should be kept in shaded areas. The Contractor hereby warrants that plant material installed under this specification section will remain free of defects for 2 full growth seasons. The Contractor will be responsible for warranty of plant material and this warranty will not be conditional. An end-of-warranty inspection will be conducted. During the warranty period, any plant material that has died or failed to grow satisfactorily will be removed within two weeks of written notification by the Owner. Replace plant material in the spring or fall planting season as directed by the Owner. The following materials shall be used to complete the installation of the plant material: Water: Potable and free of minerals which may be detrimental to plant growth. Stakes: Round wooden stakes, 60 mm in diameter and a minimum 2400 mm long. Wire: Galvanized steel wire strand #10 gauge. Mulch should have varying particle size. Contractor shall water plant material as required at own expense. All plant material shall be watered immediately after planting. All plant material shall comply with standards outlined in the guide Specification for Nursery Stock, Third Edition (April 1984) of Canadian Nursery Trades Association referring to size and development of plant material and root ball. Plant material is to be sized by measuring plants when their branches are in their natural position. Height and spread dimensions refer to main body of tree or shrub. These dimensions should not be taken from branch tip to branch tip. All trees and shrubs are to conform to No. 1 grade only. Caliper of deciduous trees 100 mm or less shall be measured 15 cm above grade. Caliper of deciduous trees greater than 100 mm shall be measured 30 cm above grade. Use trees that are structurally sound with strong fibrous root systems, free of disease, insects, defects and injuries. Use trees with straight trunks exhibiting branching patterns characteristic of the species being planted. Plants must have been root pruned regularly, but not later than one growing season prior to arriving on the site. 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. CL2007-17 13. Substitutions to plant material as indicated on Contract Drawings are not permitted unless written approval has been obtained from the Contract Administrator as to type, variety and size. Plant substitutions must be of similar species and of equal size or larger than those originally specified and at no additional cost to the Owner. Stake out location of trees and planting beds as per Contract Drawings. Make necessary adjustments in layout. Obtain approval of all tree and shrub locations in the field from the Contract Administrator prior to excavating and/or planting any material. Plant only under conditions that are conducive to the health and physical condition of the plants. Provide a planting schedule. Extending planting operations over a long period will not be accepted. All plant material to be planted in accordance with the planting details on the Contract Drawings. Provide drainage for planting pits in heavy soil if natural drainage does not exist. Have method approved. Protect bottom of planting pits against freezing. Remove water which enters an excavated area prior to planting. Ensure that the source of water is not ground water. Report immediately to Contract Administrator if groundwater seepage is observed. Tree pits excavated with a mechanical tree spade will not be accepted. For detailed description of topsoil, see Topsoil specification. Dig planting pits according to locations approved in the field by the Contract Administrator. Set the tree to ensure that the top of the root ball is 50 to 100 mm above proposed adjacent grade unless otherwise indicated or directed on site. Plant trees and shrubs vertically ensuring that the roots are arranged horizontally. Orient plant material to give the best appearance in relation to view from the surrounding structures, roads and walks. Plant trees with balled and burlapped root balls by loosening and cutting away a minimum of the top 1/2 of burlap without disturbing the root ball. Do not pull the burlap out from underneath the root ball. Any wrapping that is not bio-degradable must be removed. Plant trees with balled and burlapped root balls by tamping planting soil around the root system with the butt end of a shovel in order to eliminate air voids. Frozen or saturated planting soil is unacceptable. Water only after the backfilling of planting soil has been completed. Cut binder twine from base of balled and burlapped root ball. Plant trees with frozen root ball material by mulching planting pit to prevent thawing/freezing cycle. Root ball shall sit on firm, unexcavated soil. Wire baskets to be cut away to the top 1/3 of the rootball. Dispose portions of wire basket off site. Remove all trunk wrapping from trees. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 14. Stake deciduous trees 40 mm to 100 mm caliper; using round wooden stakes, a minimum of 2400 mm in length, driven 750 mm into bottom of tree pit taking care not to damage the main roots. Fasten tree to stakes with tree ring; thread wire through metal grommet in webbing strip, and fasten securely to metal stake. For trees larger than 100 mm caliper: provide guy wire and spanfix fasteners with appropriate anchor support where required by top heavy trees or as requested by the Contract Administrator. Prune trees and shrubs after planting, removing only dead, dying or weak branches. Employ clean sharp tools and make cuts 6 mm from main branch, smooth and sloping as to prevent accumulation of water. Remove branches that rub causing damage to bark. Do not damage lead branches or remove smaller twigs along main branches. Obtain approval of planting before mulching material is applied. Loosen soil in planting pits and remove debris and weeds. Spread the mulch to a minimum thickness of 100 mm. When mulch is placed in the spring, place after the soil has warmed up and no frost is present. Remove excess topsoil and mulch from the site and repair damage to sodded and existing plant material caused by the planting operation. Soil or debris that spills onto pavement is to be cleaned up immediately. Payment for tree planting will include acquiring utility stake-outs, plant material, field location approvals, excavation of the pits, supply and placement of planting soil mix (as required), backfilling, fertilizing, mulching, staking, watering, pruning, and a 2 year guarantee. At the end of the two-year warranty period, the Contract Administrator will conduct a final inspection of all trees, perennials and shrubs including any replacements made during the warranty period. The Contractor shall ensure the following: · All tree replacement obligations have been completed, as identified by the Contract Administrator. · All plant material will be exhibiting healthy growth, free of diseases and/or insect infestations. · All tree pits shall be free of weeds. · All tree stakes, wires and tree rings shall be removed from the plant material and disposed of off- site. During the warranty period, remove from the site any plant material that has died or failed to grow satisfactorily as determined by the Contract Administrator. Replace this plant material immediately with plant material of the same size species as originally specified. Measurement for payment will be by each plant installed. TOPSOIL (IMPORTED) - ITEM NO. 13 Under this Item and for the Contract price, the Contractor shall supply and place imported topsoil over the J J J J J 1 J j --J II J J J t J- -- J J I J 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. CL2007-17 IS. areas to be seeded to a minimum consolidated depth of 100 mm. The quality of topsoil provided by the Contractor will be subject to the Contract Administrator's approval. Measurement under this Item shall be made by the square metre, in place. Payment for this Item at the Contract unit price shall be full compensation for the supply and placement of the topsoil, all to the satisfaction of the Contract Administrator. SEEDING - ITEM NO. 14 Seed shall be Native Seed Mix: Name: "Restoration Seed Mix for Clay Soil". Supplier: Wildflower Farm Inc., Coldwater, Ontario, Telephone 1-866-476-9453 Watering shall be carried out to ensure proper germination and subsequent growth to a height of75 mm. Water supply and application necessary to achieve the desired growth is the Contractor's responsibility under the unit price for this Item. All seeded areas are to be protected with a layer of straw mulch. Because of the proximity to the watercourse, numerous plantings and relatively small area, the seed shall be distributed manually. Seed application rate: 50 kg/hectare. Fertilizer (8-32-16) application rate: 350 kg/hectare. Upon completion of the topsoil work, a nurse crop of rye grass shall be applied at the rate of 50 kglha. The restoration seed mix from Wildflower Farms shall be applied in the week of October 1,2007. SWEEPER LOGS - ITEM NO. IS Under this Item and at the Contract unit price, the Contractor shall anchor trees through the armour stone wall and into the bank behind the wall as indicated on the drawings. The trees shall be 300 mm in diameter with a portion of the branch and root system attached. The Contractor shall advise the Contract Administrator when he has located specimens that may be suitable. The tree logs shall be willow and may require trimming of the branches and root system to fit the proposed arrangement. The root end shall be anchored by a log dead man (cabled to the root or trunk) in addition to 300 mm dia. to 600 mm dia. stone placed around and over the roots and trunk portion. LIGHT DUTY SILT FENCE -ITEM NO. 16 The Contractor shall be paid for his sediment control fencing on the basis of the unit price for this Item, including all maintenance necessary to keep the fence fully operative. The unit price bid shall include for the removal of all fence once vegetation has established. · Light duty silt fence shall be constructed in accordance with OPSD 219.110. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2007-17 16. J l "I .. J J I J ] J J J J I J J J I I I EROSION CONTROL BLANKET - ITEM NO. 17 Under this Item and for the unit price bid, the Contractor shall supply and place the required Erosion Control Blanket material. It will be placed on embankment slopes in the roadlbridge vicinity. Erosion Control Blanket (North American Green - SC150, Tel.: 613-733-9585). Note: Secure mat in accordance with suppliers/manufacturers directions. Substitute wood pegs for steel pins. MISCELLANEOUS WORKS - ITEM NO. 18 Payment shall be made under this Item for miscellaneous work on a time and material basis. Work under these Items may include but is not limited to the following: . Transplanting of trees and shrubs which are in addition to those indicated on the drawings. . Removal of trees not indicated on the drawings. . Additional works necessary to repair scoured channel areas under the bridge (ie. excavation). BONDS, INSURANCE AND MAINTENANCE SECURITY - ITEM NO. 19 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. - - - - - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. CONTRACT NO. CL2007-17 - - - - - DESIGN GUIDELINES AND STANDARD DRAWINGS - - SECTION 900 INSPECTION/CONSTRUCTION - - - - SECTION 900 INSPECTION, MATERIALS AND CONSTRUCTION-36 - 1.0 - 1.01 - 1.02 - 1.03 - 1.04 - 1.05 - 1.06 - .. .. .. - GENERAL 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. The Owner's Consulting Engineer shall provide full-time inspection and supervision of all Works. The Consulting Engineer shall take extensive preconstruction photos of surrounding lands, and shall provide dated/described copies of such photographs to the Municipality. Construction sites are to be maintained to prevent unnecessary ponding of water. Prior to requesting the inspections (or re-inspections) from the Municipality, the Consulting Engineer shall verify the proper completion of the Works, and submit a written request. All equipment, materials and methods involved in trench backfill, filling, granulars, concrete and asphalt shall be monitored and Certified as acceptable by the owner's Geotechnical Engineer (see attached form). Unless noted otherwise, the term "compacted" shall mean 95% Standard Proctor or higher (native materials) and 98% Standard Proctor or higher (granular materials). Such certification shall be in a form acceptable to the Director and shall include all supporting documentation and test results. Mix designs for concrete and asphalt shall be obtained and approved by the Geotechnical Engineer. The Geotechnical Engineer shall ensure that the type, frequency, location and results of all tests is sufficient to ensure certification. Furthermore, the Geotechnical Engineer shall ensure all results for a given stage of construction are acceptable prior to commencing the next stage of construction. 2.0 STORM SEWERS 2.01 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 permitted. Rear yard catchbasins shall be accurately surveyed and verified by the Consulting Engineer for correct location prior to the issuance of a Certificate of Completion. The precast tops of manholes and catchbasins shall be checked for excess brickwork prior to roadbuilding. .. - - - .. .. .. INSPECTION, MATERIALS AND CONSTRUCTION-37 .. ~ ~ 2.03 Trench widths shall be kept at a minimum, while providing proper widths to enable mechanical compaction. All trenching must adhere to Ministry of Labour requirements. .. 2.04 Manholes are to be backfilled with compacted sand, extending min. 1.0 m from the outside face of the structure. (Catchbasins min. 300mm from the face ofthe structure). .. 2.05 House connections shall extend 1.5 m into the lots and be plugged with approved removable plugs. Bedding shall be as per approved standard drawing. Tees shall be pre- manufactured for pipes 450mm diameter and smaller, cored (on site) if 525mm diameter or larger, and shall be secure and watertight. The invert of all tees shall be located above the springline of the sewer main and shall be a minimum of 600mm from the nearest adjacent tee or joint, unless approved otherwise. .. .. .. 2.06 Concrete pipes int%ut of manholes shall be concrete cradled precisely to the first joint. 2.07 All storm sewers, including street and rear yard catchbasin leads (and individual service laterals where directed), shall be inspected using approved high quality video recording equipment and procedures. The inspection shall be carried out in a manner acceptable to the Municipality and all video tapes shall be submitted to the Municipality for review and permanent storage. Video re-inspections may also be requested. - filii 2.08 Infiltration shall not be permitted into the storm sewer system. All leaks shall be investigated to determine their source and shall be corrected to the satisfaction of the Municipality. .. filii 2.09 Pipes which have failed in any manner, including cracking (0.3mm design loading cracks excepted), exposed reinforcing or other defects, shall be removed and replaced to the satisfaction of the Director. No repairs shall be undertaken without the consent and the direct supervision of the Municipality. .. .. 3.0 BACKFILLING, GRADING AND GRANULAR ROAD BASE 3.01 Backfill containing organic or frozen material, or excessively moist material which cannot support conventional compaction equipment, shall be deemed unsuitable and shall not be used. The initial lift of native backfill shall not exceed 1.0 m in depth above the compacted sand cover over the storm sewer and each additional lift shall be placed in layers not exceeding 300mm loose measurement (unless pre-authorized by the Geotechnical Engineer). Each lift shall be compacted until it has achieved the specified density before any additional lifts are placed. .. .. III 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 CONSTRUCTION-38 - - 3.03 The Geotechnical Engineer shall docwnent all tests, including failures and retests, in sequential order, continuously throughout the project. A copy of all test results shall be kept at the site trailer, in addition to providing daily plotting of all test results on the plan and profile drawings. .... - 3.04 The Consulting Engineer shall ensure that the subgrade is fme graded to the correct width, and that the minimwn 3% crossfall is consistently maintained, with no longitudinal ruts permitted. The Geotechnical Engineer shall employ appropriate testing measures to assess the 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: 1 frost tapers must be provided. - - - 3.05 Subdrains shall be installed only after the sub grade 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 sub drains shall be supplied with a filter sock. - - 3.06 The Geotechnical Engineer shall confirm (in a form acceptable to the Municipality) the acceptability of each stage of roadbuilding prior to subsequent stages commencing. Subsequent stages of road construction shall not proceed without approval from Municipal staff. - - 3.07 After base curbs are installed, all Granular B must be regraded and verified by Municipal staff prior to placing Granular A. (Any Granular A placed prior to base curbs shall be considered Granular B). - 3.08 Granular material shall be tested in accordance with the latest O.P.S.S. specifications. Material shall be tested at the pit and also as it arrives on site. Material not conforming to the specifications shall be rejected and removed from site. - 4.0 CONCRETE WORKS - 4.01 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be monitored and all applicable tests (compressive strength, slwnp, air entrainment, etc.) shall be carried out by the Geotechnical Engineer as specified in accordance with the applicable OPSS and ASTM specifications. Any material not meeting specifications shall be rejected immediately. - - 4.02 All concrete to be placed as per the Municipality's Standard Drawings. Contraction joints shall be in accordance with the Municipality's standard drawings and shall be completed as early as practical and before any initial cracking occurs. Large cracks or several - - .. INSPECTION, MATERIALS AND CONSTRUCTION-39 .. smaller cracks between contraction joints in curbs will require removal and replacement of that section of curb. Sidewalks with distinct cracks will also require replacement. .. 4.03 Curing compound shall be generously applied to all exposed concrete surfaces, regardless of ambient temperatures or season, between 1 and 2 hours of finishing. .. 4.04 All curbs to be placed using approved curb machines. Excess concrete formed during curb machine placement shall be promptly trimmed and removed prior to setting. The minimum length of curb to be removed and replaced shall be 1.5 m. No concrete patch repairs shall be permitted. .. .. 4.05 Prior to placement of top curb, base curb shall be cleaned and then inspected by Municipal staff. Base curb and stirrups shall be repaired and/or replaced as directed. .. 4.06 The depth of top curb at the edge of pavement shall not be less than 100mm and shall be continually verified by the Consulting Engineer. .. 4.07 Immediately prior to the placement of top curb or sidewalk, the existing surface shall be dampened with water to prevent leaching of moisture from the fresh concrete. .. 4.08 Driveways to be as per approved house siting plans, with minimum widths of 4.6m for single detached homes. .. 5.0 ASPHALT PAVEMENT ... 5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in accordance with OPSS 310, 1003 and 1150 (latest reVlSlons thereof). MarshalVextractionldensity tests shall be carried out by the Geotechnical Engineer in accordance with OPSS and relating to the approved mix design. Note: Provincial and Municipal projects differ with respect to contract administration, paving project sizes, Quality Control/Quality Assurance procedures and testing frequencies. As such, several OPSS specifications are not appropriate for Municipal use and shall not apply, as determined in the sole discretion of the Director. .. .. .. Since current testing methods do not enable ongoing monitoring (and therefore corrective action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure, through their own Quality Control methods, that their product meets the basic standards with no exceptions for 'borderline' test results permitted. Any reference to 'borderline' or to taking 'immediate corrective action' based on notification of laboratory test results shall be deleted and the product deemed unacceptable. Ie. OPSS D310.08.04.02 which permits air voids beyond acceptable limits, provided the contractor takes 'immediate corrective action' shall not apply. Unacceptable work shall be immediately removed. Financial compensation using MTO formulas (to offset service life reduction in borderline work) may be considered, at the sole discretion of the Director, provided such amount is calculated by the Consulting Engineer, and all parties are in agreement. .. .. .. .. .. - INSPECTION, MA TERIALS AND CONSTRUCTION-40 - - 5.02 Prior to placing surface asphalt, base asphalt shall be swept clean of all dirt, debris and dust. Areas of base asphalt shall be removed and replaced as directed, using a vertical sawcut at all perimeters. The use of a Geo-Grid or approved equivalent may also be directed by the Municipality. Low areas shall be padded to ensure a surface mat of uniform thickness. - - 5.03 Each manhole is to be precisely raised to final grade, and verified by the Developer's Consulting Engineer and Municipal staff. - 5.04 Tack coat shall be applied just prior to surface paving operations and shall be allowed to dry until it is in a proper condition of tackiness. The length of roadway prepared shall be limited to the immediate paving section, to reduce tracking. It shall be evenly applied at the rate of 0.4 litres/sq. m taking care not to spray curbs, sidewalks or any other adjacent surfaces. - - 5.05 Driveway paving shall be fully inspected and verified for depths of stone and asphalt, and the compaction thereof, and ensuring that asphalt is at a sufficient temperature for placement. HL3A (HL3F) will not be permitted, except in special cases with the approval of the Director. Crowning or rounding of the limestone will not be permitted. Materials testing may be required for driveway apron gravel and asphalt, as directed. - - 6.0 TOPSOll" SODDING AND SEEDING - 6.01 All areas requiring sod shall first be fine graded, inspected by the Consulting Engineer, then prepared with 1 OOmm 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 - - - ... INSPECTION, MA TERIALS AND CONSTRUCTION-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 surface and watering shall commence immediately thereafter and shall continue on a regular basis until healthy roots are well established and permanent. If sod fails to establish immediately, it shall be removed and replaced. No attempt shall be made to try to re-establish weak/dead sod through continual watering, unless specific permission is granted by the Director. The entire work shall be done in a thoroughly workmanlike manner with an even surface, and professional in appearance. Any sod deemed unfit by the Director shall be immediately removed from site and replaced. In this regard, it is in the best interest of the contractor to communicate with residents regarding the needs of newly laid sod over the first year. ... ... ... ... 6.05 Where approved by the Municipality, hydraulic seeding and mulching may be performed provided that it conforms to the Ontario Provincial Standard Specification No. 572. .. ... ... .. ... ... .. ... ... .. .. .. - - - - - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2007-17 - - - - - - - - ST ANDARD DRAWINGS - - - - - PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2007-17 - STANDARD NO. DESCRIPTION OPSD: - - 218.01 SODDING OF SIDE SLOPES 219.110 LIGHT DUTY SILT FENCE BARRIER 219.130 HEAVY DUTY SILT FENCE BARRIER 220.01 BARRIER FOR TREE PROTECTION - - - - - - - - - - - - - - - - - \ . . , ' .l - - - - . .. : ~ - .'t . "~ - - ~ ~ ~ .... ~~ ...~ "- ..... 0"- :. ..... .. ~~ 00 -;0.. -~ -- '"""k" ~~ ':I -- ~..... ~~ -~ ~~ . c::~ ~~ 'tic:::. ~'tI \ ~\ a .. .~ - - '\ - .. I - - .\ \ , \ \ - - - c ~ o s= ., CI ., 'i '- CI s= ..- o ., ., C) C ::J ., C) ~ '- GI ..- +- ., o E c co = "iiE ., ~~ .. o GI .... o o CI - '- o c ., o c .. 0 0-.; u c o.CI o.E (/)0;:; ILl .... b~Ci Z~m I I I I I I i I I I !: CI I 0 +- en 0 I . Q CX) 0 I - 0 C\I m I 2! I I a . I en - I a.. 0 0 0 (!) Z ~ 0:: C C 0: g z i! (I) -.J <{ o z ~ 0: 0.. en w Q.. o -I en W C - (/) o - 0: ~ Z o lL. o (!) z - c c o CJ) )\ r Area under construction Area under protection .", .... kea under construction PERSPECTIVE VIEW Direction of flow c:::::> SECTION VIEW Silt fence barrier A. , . . I 2.3m max, Typ I I A l+ PlAN OF SilT FENCE BARRIER Ar+ I Direction of flow n . A , . I .. // // .. Main run - .. -, Stoke Geotextile ... Direction of flow ~ c E E E o ~ Trench to be I ~~ckfilled and ~mpocted .. 300mm min of geotextile in trench Earth surface .. o o N .. SECTION A-A .. NOTE: A All dimensions ore in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING .. LIGHT DUTY SILT FENCE BARRIER .. Dote OPSD 219.110 .. .. ~ ..- .., ... Area under construction - - Area under construction PERSPECTIVE VIEW ... - Direction of flow ~ Silt fence barrier Area under protection v ... SECTION - ~ ~/}Q'. ....." VI) Stokes ~ . I- Direction of flow n A r+ A <~ . .1 ... . 2m max, Typ .1 / / """........ / / . Main run ... PLAN l+ A c: Geotextile Control measure support - -I .. - Direction ~ of flow E E E o g Trench to be I ~~~kfilled and ~mpacted 300mm min of geotextile in trench Stake Earth surface - o o C'.I -, o o Ol .. SECTION A-A .. NOTE: A All dimensions ore In millimetres unless otherwise shown. - HEAVY-DUTY SILT FENCE BARRIER OPSD - ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 Rev 1 .. I ..' " Limit of grading I I I I I I . . dll' Onglnal groun me Typical rural fill sect7"on ---...... "- , , ......., ~--- 1.5m Note 2 I I I.- Drip/ine Note I Barrier Note 3 ..... - ..... - ------~- -> ................ - Typical rural .......__- cut section STANDARD PROTECTIVE TREATMENT j ) t. ". . ) Dripline ~ l Note I ~ I I Limit of grading I I I I , I I I I / / I I Original grounJ line --- ---- ___rr-- '--T--' I Typical urban section~ L_J MINIMUM PROTECTIVE TREATMENT NOTES: I Barrier for tree protection to be erected on dripline of designated trees or wood lot edge. Barrier may be erected within drip/ine to maintain 0 buffer distance of up to 1.5m. 2 A buffer distance of up to 1.5 m to be maintained between barrier and limit of grading. 3 Maintain a minimum distance of 0.75 m between tree trunk and barrier. A All dimensions are in metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date /988 04 /5 .. ... .. I ..I I .. .. 1 , 1 I l BARRIER FOR TREE PROTECTION _______Dat~_=_-____=_ , OPSD-220.01 11III 11III ... ... .. ... .. 11III CORPORATION OF THE MUNICIPALITY OF CLARINGTON ... CONTRACT NO. CL2007-17 ... , .... I.. ... .. ~' .. i. OPS GENERAL CONDITIONS OF CONTRACT (September 1999) .. l .. a.. ... ... ... .. ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS ... .. ... ... .. ... ... ... ... .. ... GENERAL CONDITIONS OF CONTRACT .. .... SEPTEMBER 1999 ... ... ... i .. ~ , . ... GENERAL CONOmONS OF CONTRACT Table of Contents SECTION GC 1.0 -INTERPRETATION Captions................................ .......... ..... ............ ......................... ............................... 1 I.. GC 1.01 GC 1.02 GC 1.03 GC 1.04 GC 1.05 GC 1.06 GC 1.07 Ill. ... II.. GC 1.08 ... Abbreviations. ............... ........ ................. ......... ......... ............. ................................... 1 Gender and Singular References ............................................................................ 1 Definitions................................................................................................................ 1 Substantial Performance ...... ................. .......... .................. ...................................... 5 Completion.... _.................................................................................... ..................... 6 Final Acceptance..... ... ................................. ....................... ....... .......... ....... ........ ..... 6 Interpretation of Certain Words ............................................................................... 6 SECTION GC 2.0 - CONTRACT DOCUMENTS Reliance on Contract Documents... ............................ .... ............... .......................... 7 lit GC 2.01 GC 2.02 Order of Precedence.... .... .............. ............. ......... ......... ............................... ........... 7 ... SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT ... GC 3.01 GC 3.02 GC 3.03 GC 3.04 GC 3.05 GC 3.06 GC 3.07 .. .. .. lit GC 3.08 GC 3.09 GC 3.10 GC 3.11 GC 3.11.01 GC 3.11.02 .. ... Contract Administrator's Authority .... ............ ......... ................. ....... ............ .............. 8 WorKing Drawings ..................... on.. ............. ........................... ........ .............. ........... 9 Right of the Contract Administrator to Modify Methods and Equipment ................. 9 Emergency Situations........ ............. ...... ....... .......... ............ ..... ............................... 10 Layout... ........................ ..... ...... ...... .................. ...... ............. .............. .... ................. 10 WorKing Area........... ............ ............... ............ ............ ............ ............................... 1 0 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 eontents - I OPS General Conditions 01 ContraCt - September 1999 GC 3.11.03 Additionaf 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 SEcnON 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 COntrac:tor................................................................ ....................... 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 01 Contents - Ii OPS Genera. CondlIIonla of Connc::t . September 1999 J .- j j J .J J J ~ .J J j .J j . J ] J J J J J ~ I ... GC4.10 i. GC 4.11 GC4.12 .... GC4.13 Final Payment to Contractor.............................................. .......... ................... ....... 19 Termination of the Contract....................................................................... ............ 19 Continuation of Contractor's Obligations ............................................................... 19 Use of Performance Bond ..................................................................................... 19 ... SECTION GC 5.0 - MATERIAL GC 5.01 .... GC 5.02 GC 5.03 GC 5.04 GC 5.05 GC 5.05.01 GC 5.05.02 l. ... .. 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 .. ... ... '- ... ~ il. 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 Liability Insurance............................................................. 25 Property and Boiler Insurance ........................................................................ ....... 25 Property Insurance ............. ............. .... ...................................................... ............ 25 Boiler Insurance............................. .............. ........ .... ......... ..... ............ .................... 25 Use and Occupancy of the Work Prior to Completion........................................... 25 Payment for Loss or Damage..............................:................................................. 26 Contractor's Equipment Insurance .......... ....... ...... ......... ........................................ 26 Insurance Requirements and Duration.............................................................,.... 26 Bonding... ........ ............................... ........................... ............................................. 27 SECTION GC 7.0 _ CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK General..... .................................................. ........ ..... .............................................. 28 GC 7.01 .. ... Table of eontents . III OPS General Conditions of ContraCt - 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............ ..... .......... ............... ......... ...f........ .............. 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 Interest for Negotiations and Claims ..................................................................... 40 Owner's Set-Off ....... .............................................................................................. 40 Tibia of Contents - Iv CPa General ConcItlona of Connc:t - September 1899 .j .--- .J j J j .J ] J J j J J J J J j J j J GC 8.02.04 Payment on a Time and Material Basis................................................................. 40 GC 8.02.04.01 Definitions ........ .......... .......................... ............. .... .......... ............. .......... ................ 40 GC 8.02.04.02 Daily Work Records............................................................................................... 41 GC 8.02.04.03 Payment for Work..................................................................................................41 GC 8.02.04.04 Payment for Labour ............................................................................................... 42 GC 8.02.04.05 Payment for Material ............................................................................................. 42 GC 8.02.04.06 Payment for Equipment ............................................................... ..................... ..... 42 GC 8.02.04.06.01 Working Time .................... ....... ........... .............. ............. ....................................... 42 GC 8.02.04.06.02 Standby Time...... ...... ............. ........ .... ......... ......... ........ ......................................... 42 GC 8.02.04.07 Payment for Hand Tools........................................................................................ 43 GC 8.02.04.08 Payment for Work by Subcontractors.................................................................... 43 GC 8.02.04.09 Submission of Invoices ................................................... .................................. ..... 43 ... , ~ GC 8.02.03.12 .. .. .. ... i. GC 8.02.05 GC 8.02.06 l. GC 8.02.07 GC 8.02.08 ... GC 8.02.09 ... I ... ... .. -. llI. t I: '- i.. i .. Delay in Payment ...................................................... ....................... .... .............. .,. 40 Final Acceptance Certificate ......... ...... ........................................ ........ ................... 43 Payment of Workers .. .......... ......... ...... ............ ................................. ...................... 44 Records ... .................. .................. ....... ...... ...... ........... .............. .............. .... ............ 44 Taxes and Duties....... ......... ......... ........ ..... ...... ...... ......... .............. .......... ................ 44 Liquidated Damages... .... .................... ......... ................~... ................ ...... ................ 45 ... Table of Contents - v OPS General Conditions of Contract - September 1999 -- ~ Ontario Provincial Standards for Roads and Public Works September 1999 .. GENERAL CONDITIONS OF CONTRACT II. SECTION GC 1.0 -INTERPRETATION .. Captions GC 1.01 i- ... .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. I.. Abbreviations GC 1.02 .01 The abbreviations on the \eft 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" "AW'NA" "CESA" "CGSB" "CSA" "CWB" "GC" "MOE" "MTC" "MTO" "MUTCD" MOPS" "OPSD" "OPSS" "PEO" "SAE" "SSPC" "UL" "ULC" GC 1.03 i. ... i.. it- .. ~ 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. '" Definitions GC 1.04 II. .01 For the purposes of this Contrad the following definitions apply: Actual Measurement: means the field measurement of that quantity within the approved limits of the Work. .. Page 1 OPS ~ CondItIons ~ Contract . SeptMnber 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 Perfonnance. Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator where~so authorized, directing that a Change in the Work or Extra Work be perfonned. .:-....... Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or other conditions, changes in the character of the Work to be done or materials of the Work or part thereof, .within~e intended scope of the Contract. Change Order: means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work and changed subsurface conditions, and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate: means the certificate issued by the Contract Administrator at completion. Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract: means the undertaking by the Owner and the Contractor to pertonn 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 Perfonnance 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. P8ge 2 OPS General Colldltlona Gf Connet - September 1999 oj - ,-.I j J J J J ] -; J .J J J J J J J j j J ... .. , ~ ... .. ... II. , III. ~ .. ~. .. ... .. ~ ~.. ... y i.. ... ... ... Cost Plus: See "Time and Materiar. Cut-Off Date: means the date up to which payment will be made for work performed. Daily Work Records: mean daily Records detailing the number and categories of workers and hours worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and description and quantities of Material utilized. Day: means a calendar day. Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and-equipment estimate: means a calculation of the quantity orcost-oftheWorko(1)8rt:ofit'dependingon 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 regutations 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 'TlI'1le 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 General Condltiona d Connc:t - 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. Perfonnance Bond: means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. '.' Project: means the construction of the Work as contemplated by this Contract Quantity Sheet: means a list of the quantities of Work to be done. Rate,;~ Interest: means the rate determined by the Minister of Finance of Ontario.and issued by, and availat>fe from, the Owner. ..,....~." Records: mean any books, payrolls, accounts or other information which relate to the Work or any Change in the Work or claims arising therefrom. Roadway: means that part of the Highway designed or intended for use by vehicular traffic and 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 /ayer 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 ..~ . Subsurtace Report: means a report or other information identifying the location of utilities, concealed and adjacent structures and physical obstructions which fall within the influence of the Work. Superintendent: means the Contractor's authorized representative in responsible charge of the Work. Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.l.8, as amended, executing a bond provided by the Contractor. Tender:' means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. P8ge" OPS Gene.... CondlUOlll of ContnIct . September 1999 .j L.J .J j J J J :J ] J J j J J J J j ] j ... , t It. ~ ... ~ ... .. ~ I ... .. ... ... Ii .. .... ... ~ .. ... ... Utility: means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone and cable television. Warranty Period: means the period of 12 months from the date of Substantial Performance or such longer period as may be specified for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work: means the total construction and related services required by the Contract Documents. Working Area: means. all the lands and 'easements owned or acquired by the Owner for the construction of the Work. Working Day: means any Day, a) except Saturdays, Sundays and statutory holidays; 'b) ,. except a' Day as deterrilii1ed' bY-the Contract'Administrator; 'on"Which'the-Contractor -is prevented by -, inclement weather or conditions resulting immediately therefrom,"trom- 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~ntialPedonnance .01 The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part: thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the.. Contract is'capable'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 o.ner.a Condllionl of ContraCt . September 1999 hge5 GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materia's shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect or last supply is not more than the lesser of, a) 1% of the Contract price; or b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words .01__Xhe 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. ... '- j. , '- .. .. .. .. .. .. .. .. .. .. .. ~.. , iI. - ... '- SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground utilities which will affect the Work. will be shown to a tolerance ot 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. .03 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. eGSB, ASTM and ANSI, and referenced in the Ontario Provincial Standard Specifications. .04 The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. " OPS General CondllonS of Connct. sepember 1999 Page 7 SEcnON 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 j'he 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 Contrad Administrator and the Contractor will jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work . and/or the date of Completion of the Work. .09 The Contract Administrator will be, in the first instance, the interpreter of the 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 rile Contract Administrator will have the authority to reject part of the Work or Material which does not conform to the Contrad Documents. .11 Defective work, whether the result of poor workmanship, use of defective material, or damage through carelessness or other ad or omission of the Contractor and 'whether incorporated in the Work or not, which has been rejected by the Contract Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly, at no additional cost to the Owner. .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Admin~tor. Pege8 OPS Genera. COlldlllOl. 01 ContrIc:t. s.pe..lbw 1899 j .J .J J j J .J J ] j J j J J J J j J J ... .. .. ... '- .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 WOO< 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 The Contractor shall arrange for the preparation of c1earty identified and dated Working Drawings as called for by the Contract Documents. The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderty sequence so as to not cause delay in- the- Work:. '-Ifeither the 'Contractor or the Contract Administrator so requests they shall jointly prepare a . schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .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. .01 ... .02 lilt ...' i. ~ \. ... - l. .. ... .. ... ... .05 The Contractor shall make any changes in Working Drawings which the Contract Adminlstrator may require consistent with the Contract Documents and resubmit unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working Drawings; marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations 'in the method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. OPS Ge.-.I CondItlc)M of ContnICt. SepbImber 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, ..alignment and elevation of the Work. The Owner will be responsible only for the correctness of the . . ,!t!jformation provided by the Contract Administrator. . -~. GC 3.06 Working Area "-"1 .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. P8ge 10 OPS Genera. Conditions of Connct. SeptM1ber 1899 .J .j .J J ] J j ,J J J J .J f .I j J j j j ] ... 'J. ? ... ... .. ... ... i.. l. ... \.. ... ... .. .. ... .. .. GC 3.08 Delays .01 If the Contractor is delayed in the penormance 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 subsectionGC 7.09. Suspension of Work; d) abnormal inclement weather. or , e)' archaeological finds in accordance with subsectiOn GC 3.16, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for, reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Tmle due to abnormal inclement - weather;'1he' -ccmtractor"'shalt, with. the ,ContraCtor's application. submit evidence from Environment Canada in', support of - such 'application. .<<Extension - of - Contract Tune 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 1oCk-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 Tame 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 entiUed -to payment for costs incurred as the- result otsuch 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 Cont:raet. either in whole or in part, withOut the written consent of the Owner. GC 3.10 Subcontracting by the Contractor .01 The Contractor may subcontract any part of the Work; subject to theSe General Conditions and any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator, in writing~.otthe.intentionto subcontract. Such notification shall identifY the part of the Work. and the SubCOntractor with whom it is intended. .03 The Contract Administrator will, within 10 Days of receipt of such notification"accept or reject the intended subCOntractor. The rejection will be 'in writing.and will include the reasons for the rejection. .04 The Contractor shall not. without the written consent of the Owner, change a subCOntractor who has been engaged in accordance with subsection GC 3.10 SubCOntl'8cting by the Contractor. .05 The Contractor shall preServe alid protect the rights of the parties under the Contract with respect to that part of the Work to bepertormed 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 employed by the Contraetor. Pege 11 OPS General CondItIonS of eontrac:t. ~r 1899 .. .06 The Owner's consent to subcontracting by the ~ shaD 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 shaff create a contractual relationship between a Subcontractor and the Owner. GC 3.11 GC 3.11.01 Changes Changes in the Work .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 shaff 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 shaff proceecf with the Change in the Work. .02 ..Tbe Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3:'07, Extension of Contract Tnne. .03 If,the Changes in the Wotk relate solely to quantities, payment fer Ihat part of the Wotk wlQ be _ "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 ~.11.o2 Extra Work .01 The Owner. or Conlract AdministJator '"""'" so authorfzed, may instruct the Con_ to perform Extra Work without invalidating the Contract. The Contractor shaff not be required to proceed with the Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the Contractor shaff 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 P8)'ment for the Extra WOlf< 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 Conlracl 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 shaff 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 PayrJlenl for !he Addillonar Wotk may be negotlatad P\IISuant to subsaction 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 3.12 Notices .01 Any notice permitted or required to be given to the Contract Admlnlstrator or !he Superintendent in respect of the Work shaff 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 malflng if sent by mail. Pege 12 OPS Oenet., Conditlona Of Connct . SeptenIb6r- 1899 .J .J :j J J j j j J J J .J J J ] j J j J \.. .. .02 ... .03 - 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. ... :.04 Any noticepennitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. .. ... .. ... '- \. l ... '- .01 .. .02 .... .03 ... .01 - \ .02 ,- ... .. GC 3.13 Use and Occupancy of the Work Prior to Substantial Perfonnance .01 Where it is not contemplated elsewhere in'the Contract Oocuments;c the Owner may use or occupy the Work or any part thereof prior to SubstantiatPerformance; provided.thatat.least 30 Days' written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by 'the Owner priottoSubstantial 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 accorcIance' 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 GC 3.14.01 Continuance of the Work .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute; verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such ,action will not jeopardize any claim it may have. ' GC 3.14.02 Record Keeping 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 WOrk'Recordsto' be used in 'assessing1he Contractor's claim, all in accordance with clause GC 8.02.07, Records. 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. 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 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. 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 GenerW Conditions cf eontrac:t . September 1899 Page 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 daim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request .05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. i'$i. GC3014,04 Negotiations "':~J:"' .01 "The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and . documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration. GC 3.14.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and the Contractor wishes to pursue the issue further, the parties may, uPon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall /{D~ 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 Pege14 OPS General Conditions d ContIact . September 1899 .J .j .J t .. j j j J J .J J j .J . ." J j J j J '- .. .. ... ... ... .~ .. .03 \ .04 ... ill. \. .. ... '- 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'Days~"following"ihe'-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 upon by 'the OWnerand Contractor:to:adjudicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.15.01.02, the OWner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. . The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. The arbitrator may appoint independent experts and any other persons to assist him or her. ... .03 .. .04 - .05 ... '- OPS o.n..J Conditions ~ Contract . SeptiImber 1999 hge 15 .06 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant .07 The hearing will commence within 90 Days of the appointment of the arbitrator. GC 3.15.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other 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. ':~' "-.fJ:--' .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 accordance with subsection GC 7.09, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01. - .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra ~ Work in accordance with clause GC 3.11.02, Extra Work. ',";'. ",)-~.;. . Page 16 OPS General Conditions of Contrect. September 1999 .j . .J ..J J j j j j j J .J .J j J J J j J J \ ... ... ... -- .. .. .... i, ... .01 .. " ,. .02 '- \.. \ '- .03 '- .04 .. ... .05 ... .. .. ... SECTION GC 4.0 - OWNER'S RESPONSIBILmES AND RIGHTS GC 4.01 Working Area .01 The Owner will acquire all property rights which are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and will indicate the full extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and-Subsurface Report which will be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Penn Its .01 The Owner will pay for all plumbing and building permits. .02 The Owner will obtain and pay for all permits, licenses and .certificates:.soJeIyJequiredfor Project approval. ' GC 4.03 Management and Disposition of Materials . 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. In ac:cordancewith'regulations under the Occupational Health and. Safety Act; R.S.O.' 1990, c.O.1,. as amended, the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the Working ~ 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. 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 clearly 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. 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 shaH 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 Iabefled. The Owner will notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. OPS 0..... Conditions of Contract . September 1899 P8ge17 GC 4.04 Construction Affecting Railway Property .01 The Owner will pay the costs of all flagging and other traffic controt 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 properiy 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. . Gq ...~96 Notification of Default ~ : _.~~~.~ .01i::.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. 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 fun 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 .apy 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 Tennlnation 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; ~18 OPS GerMnI CondIUona cf Contract. September 1899 .J .- .J Ij .J j j J J J ..J J j ~ .. J J j J j J i .. .. ... ... it. ... L. , , ... '- ~ \. 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 detemined by the Contract Administrator, to cover correction to the Work perfonned by the Contractor that may be required under subsection GC 7.15, Warranty; f) charge the Contractor for any damages the Owner may have sustained as a result of the default; and g) charge the Contractor the amount by which the cost of 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 Work in ,whole or in part is less than the amount withheld from the Contractor under subsection'GC .4.09,'Temination,of..,contractor's Right to Continue the Work,' the Owner will pay the' balance to 1he' Contractor as . soon ,as the final accounting for the Contract is complete. GC 4.11 Tennlnation 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,teminate. the Contract by giving written notice of temination 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 teminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of temination. GC4.12 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 temination of the Contract or temination of the Contractor's right to ... continue with the Work in whole or in part shall continue to be in force after such termination. .. .. Il. ~ ~ .. , .. .. GC4.13 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 Perfonnance Bond.-' OPS General CondItIona of Contract - 8ep4IImber 1. Pege 1e 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 shall be deemed to include full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material suppUed 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 -;k1spection or testing a sample of any Material to be supplied by the Contractor. .". ,.'..+:-. .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 sufficienUy 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.Q3 I~~ Rejected Material ~~...,. .01 Rejected 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. P.ge 20 OPS Genera' CondItIons d Contract - September 1999 . OJ .- J .J .J ~ J .J j j J .J J J J j j j J j .J .. .. .. '- ~ .. I I. .. \.. ... \.. ... .. .. -- .04 .. .05 .. ... ... .02 Rulings on a proposed substitution wil 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 Equalny- 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 Owner Supplied Material Ordering of Excess Material GC 5.05.01 .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,,~ eXce5S-.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:quantitiesshown 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'.!shipment and provide the Contractor with a written release from responsibility for such damage or-deficiencies. Where damage or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. 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. 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 Conditions of Contract - September 1899 Pege21 .06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment, copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations. check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. ......1-_"'- ',.,... -....." :.. ~ .~f. p.~ OPS Genera' Condltlonscf ContrIIct. September 1999 .J .J -'1 .J J j .t j j I J .J J .J J J J J J J j ... ... .. 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. .. \. .. ... +~ ... ... { i.. 'i .. ... ... .. .. .03 .... .04 .... ... .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 The Contractor shall immediately informthe'Contract Administrator of all-damage and injuries which occur during the term of the Contract. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employ~, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and his Surety or Sureties shall not be released from any term or provision of any responsibility. obligation or 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.performance 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. 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. 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 d contract - SeptMlber 1899 Pege23 .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 resbicting 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 . ~ministrator named as additional insureds, with limits of not less than 5 million .dollars inclusive per Q.9Currence for bodily injury, death, and damage to property including loss otuse thereof, with a ,p,Wperty damage deductible of not more than $5000. The form of this insurance shall be the Iqsurance 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 ficensed to underwrite insurance in the Province of Ontario and obtaining the insure(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 I The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), will not be binding on the Owner. .05 SJ!.ould the Contractor decide not to employ Subcontractors for operations requiring the use of e>g>losives for blasting, or pile driving or caisson work, or removal or weakening of support of property b,liilding or land, IBC Form 2100 as required shall include the appropriate endorsements. ti!.' t"t...r .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 f10t 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 owne(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 CondIIlonsof Contract . September 1999 I .. ... .' .j .J .J j .J j .J j j .J J J J J J J .J j i.. ... ... .. ... .. ... ... , .. ~ , \ ... .01 .. .. '- f .02 i .. .. ... ... ... GC 6.03.04 Aircraft and Watercraft liability Insurance .01 Airaaft and watercraft liability insurance with respect to owned or non-owned 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+withJhe~Ownerand the Contract Administrator named as additional insureds,insuring notJessthan.-the~sum .ofthe .amount of the Contract price and the full value, as may..be statecLin .tbe...8upplemeotaLGeneraL.Conditions, of Material that is specified to be provided by, theoOwner:for..:.incorporation-into the Work, with a deductible not exceeding 1 % of the amount insured at the site of the Work. This insurance shall be in ,,'a form acceptable to the Owner and shall be maintained continuously until 1 0 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.02 Boller Insurance '.01 " Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator for not less than the replacement value of boilers and pressure vessels forming part.of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 ' Use and Occupancy of the Work Prior to Completion Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the Owner will give 30 'Days' written notice to the' Contractor of the Intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the.Contractor'and prior-Jo~such.useor occupancy shall provide,'maintain and pay for property andboilerinsuranceinsuringthe,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 uneamedpremiums applicable to the Contractor's policies upon termination of coverage. 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 entiUed 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 Contrect . Sepl8mber 1899 P8ge25 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 tenns of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others. the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0. Measurement and Payment GC 6.03.06 Contractor's Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the perfonnance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a fonn acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise the duration of each insurance policy 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 fonn acceptable to the Owner, proof of insurance prior to commencement of the Work, and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of infonnation pertaining to premium or premium bases used by the insurer to detennine 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 fonn 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 Conclltlona of Contract - September 1999 ~.J .j .J J J .J J .J j .J .J I ... J j J J J j J i ... .. II. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .. .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. ... .02 Such bonds shall be lSSUed by-a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. ... .. '- ... .. ?: t ... .. ... ... .. .. ... ... OPS General Condltlonl of Contract. September 1_ Page 27 ... SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILmES 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 perfonnance 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 confonnity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work. 'C'r~ . .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 ~~struction 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 shan, 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 tenns of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Acr') and Ontario Regulation 213191 (which regulates Construction Projects) and any other regulations under the Act (the "Regulations; which may affect the perfonnance 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 perfonning the Work; b) its officers and supervisory employees have a working knowJedge 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 , ,\C;responsible for the perfonnance of the Work; : d):workers employed to carry out the Work possess the knowledge, skills and protective devices "required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and f) aU 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 confinnation 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 perfonnance of the Work. The Contractor shall indemnify and save the Owner hannless from any additional expense which the Owner may incur to have the Work perfonned as a result of the Contractor's failure to comply with the reqUirements of the Act and the Regulations. Page 28 OPS Genet'lll Conditions of ContrIic:t - September 1999 ~j -j .J J ,J .J j .J j ,J I j j J .l J j J j J I.. ... .08 '- L .09 I.. ... l.. ... k.. i I.. , , .. ... .01 ... .02 \.. .03 ... .. \ ( ... ... ... 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. The Contractor shall have an authorized representative on the site whDe any work is being performed, to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names;' addresses" positions and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract. .10 The Contractor'shall,'at no' additional cost'to the Owner, fumish aU reasonable aid,' facilities and assistance required by the Contract Administratorforthe:-proper inspection and examination of the Work or the taking of measurements for the pu~e,ofi payment ' " , .11 The Contractor shall prepare, and update as required, aconstruction.schedulelndicating 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 Administrator within 14 Days from the date of the Contract award. .12 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 receMng direction from the Contract Administrator. .13 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 2.01.01 a). 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 tor the ..preservation of all' property'.ba..s'while the Work is in progress, except those property bars which must be removed to.facilitate>the 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. .04 The Contractor shall provide qualified personnel to lay out 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. .05 The Contractor shaH 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 Genei'll COnditio.. of ConIrac:t . September 1899 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 -:Substitutions for such vehicles or equipment, and shall alter loadings. or in some other manner, . Jimove 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 Highway, including the road under construction, or on detours within or adjacent to the Highway, in accordance with the MUTCD. .02 .:r;b~";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. P8ge 30 OPS GenenlI Condlllons of Contract - ~ber 1999 ~.j . ..J ..J J ,J .J J .J j j J j j j j j J J J .. .. .. ... .. ... ... ... ... ... .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 Contrad 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 Contract Documents; or required by the Contract Administrator. the construction of the detour and, if required. the subsequent removal shall be performed. at- the, Contractor's- expense., The detour shall be constructed and maintained tostrudural"an'd'geometricstandards...app~~ed by the Contract Administrator. Removal and site restoration 'shalL be- performed.:as.dir€Cted 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 subsedionGC6.01,' Protection 'ofWork, 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 .. .01 ... .02 ... .03 .. ... .... ... ... ... 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 Pennlts .01 Except as specified in subsection GC 4.02; Approval and Permits, the Contractor shall obtain and pay for any permits, licenses, _ and certificates which at the date of tender 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 Condltlona of Contract . September 169 Pege31 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 these 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. , .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 ContractorH.the Contractor may, . Without 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 Before work is carried out which may affect the property or operations of any Ministry or agency of gOvernment or any person, company, partnership or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents. the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person. company, partnership, corporation, board, or commission so affected. .02 In the case of damage to, or interference with any utilities, pole lines, pipe lines. conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such damage or interference. Pege32 OPS Gener.1 Condltlona cf Connct . September 1999 4'.J - ...J .J .J .J J j j j .J j j J j .J .J J .J J .~ .. I.. \ ill. ... .. lit ... .01 ... .. .02 .. ... ... .. ... lit .... .... ... 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 perfonnance of the Work and any traffic conditions, including traffic conditions on any Highway or road. giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage or expense occasioned thereby. .02 Where the obstruction is.a Utility or other man-made object, the Contractor shall not be required to assume the risks <and responsibilities arising out of such obstruction, unless the location of the >, obstruction is shown on the plans or described in the specifications and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the>.Contractor's~responsibilityto:1X)nsult'lWith Utility companies . or other appropriate authorities for further;lnformationin . regard :to.theexacttoCation of these Utilities, to exercise the necessary care in construction'operations;'and1o-take-such-other precautions 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 .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, , tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified. .02 The Work shall not be deemed to have' reached Completion'UntiltheQ)ntractor 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 GentnI Conditions of Contract . SepIiember 1899 Pege33 . ... . .. 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. .+ ~I.~ ~.t...,.~ !'/~;'!.. ~:' .",. !7.: '"'._\:'_~C ;.~-.......... ,- '~of- Page 34 OPS Gener.I CondItIons d Contract - September 1999 ~..J . -.j .J .J .J .J .J j J .J J J J J j j j J J '- y .. SECTION GC 8.0 - MEASUREMENT AND PAYMENT ... GC 8.01 GC 8.01.01 Measurement Quantities k ... .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 perfonned 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 for progress payments- shall be construed and held to approximate. . The final ,. quantities for the issuance of the Completion Certificate shall be . based on the measurement of Work . completed. .03 Measurement of' the quantities of the;Wor1<: perfonnedwiU be;either~'by<"Actua1 Measurement or by Plan' Quantity principles as indicated 'in the" Contract.... Adjustments,to."Plan' Quantity measurements will normally be made using Plan Quantity. principles' but may; where" appropriate, be made using Actual Measurements. Those items identified 00 'the.Tender by the notation (P) in 'the unit column . shall be paid according'to the'Plan Quantity. Items where the notation (P) does not occur shall be ' paid according to Actual Measurement \ II.. ... ~ .. .. GC 8.01.02 Variations in Tender Quantities t' .. .01 Where it. appears that the quantity of Work to be done 'and/or Material' to be supplied by the Contractor under a unit price tender item will exceed or be less than the tender quantity, the Contractor shall proceed to do the Work and/or supply the Material required to complete the tender item and payment will be made for the actual amount of Work done and/or Material supplied. at the unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work perfonned and/or Material supplied by the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to. negotiate a revised unit price for that portion of . the Work perfonned 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'ofWork-perfonnedand/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 ex~ss 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 confinned by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where 'both parties agree, an allowance equal to 10% of the. unit price on the amount of the underrun in excess of 15% of the tender quantity will be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Certificate. , .. ilia ~ .. .... .... .. 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 tenn "all labour, Equipment and Material" shall include Hand Tools, supplies and .. other incidentals. OPS Genllfal 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)Granular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price. (2)Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each .,' aggregate stockpiled. ,~'ii. . Commercial Sources ,~ Payment for separated coarse and fine aggregates will be considered at the above rate when '''j:f' such materials are stockpiled at s commercial source where further processing Is to be carried out before incorporating such materials into a final product. AdvanCe payments for other materials located at a commercial source will not be made. 'c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be based on the invoice price, and the Contractor shall submit proof of cost to the 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 General Condltlona of ContrIIct - September 1899 . ;.~.J t - ~'j .J j j .J J .J j j j J J j j J J j j .. II. II. .. ... ~ '- ... ill. , ... .. '- II. ... .. .01 , ~ .02 .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 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify.the completion of such subcontract. .02 The Contract Administrator will. issue a Certificate of Subcontract Completion if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. . .03 The 'ContraefAdministrator will set out in the Certificate ofSubcontraetCompletion the date on which the subcontract was completed and within'7 Days' of:the datethe:subcontractis certified complete, the Contract Administrator will give a copy-ofthecertificate'to'.the~Contractor~aDCt;to the Subcontractor concemed. 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 shalt 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 claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract; e)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'shalf"forthwithgivethe Subcontractor the payment due under the subcontract. .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Perfonnance Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. The Contract Administrator will set out in the Certificate of Substantial Perfonnance 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, e.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 0enerIJ CondItIonI fA Contract . SeI*mber t m 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. GC8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract .' Administrator will also issue the Substantial Performance Payment Certificate and the Substantial performance Statutory Holdback Release Payment Certificate or where appropriate, a combined ,~yment certificate. > ........ ..... .'~ .02::~ Substantial Performance Payment Certificate will S.how, arthe value of Work performed to the date of Substantial Performance; . b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; d) the amount of maintenance security required; and e) the amount due the Contractor. .03 . Payment of the amount certified will be made within 30 Days of the date of issuance of the payment ' certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in resped 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 allliabiJities incurred o,ilby the Contractor and the Contractor's Subcontractors in carrying out the Contract have been 'discharged except for statutory holdbacks proper1y retained; . c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and tUEpraof of publication of the Certificate of Substantial Performance. ~~'" 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. Page 38 OPS General CondIUona of Contract - September 1999 . ~j . v ~.J j .J .J j j J j j J j J j j J J .J j t.. ... GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. ... ~ ... .02 The Completion Payment Certificate will show, a) measurement and value of Wor1c at Completion; b) the amount of the further'statutory holdback based on the value of further work completed 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 ,.Payment.,Certifi.Cate.,wil,l:be;-:a, payment ,certificate 'releasing to- the Contractor:the' further statutory 'holdback:" Paymenlof.such,~statutory holdback shall be due 46 Days after the date of CompletionioftheWork.asestablishedtby;;th&,CompletionCertificate but subject to the provisions of the Construction LienActancUtle'submission'~ythe 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 canying 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 Rate'of'tnterest.'ifpayment:is 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,c:ertifiedas'the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d)' Substantial Performance Payment Certificate: 30 Days after the'date of issuance of the certificate. e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; g) Completion StabJtory 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. ... .. ;; . ... .. ... OPS General Conditions ~ Contr8c:t - September 1999 Page 39 ... GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits and/or procedure described by subsection GC 3.14, Claims, Negotiations, Mediation, the Owner 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. ...... - ~ .. .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 ;~e...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. --~. .-J.o-.__.:"'O"o _."_ 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 detennined in writing by the Contractor's insurer, undetennined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board and any monies to be paid to the 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 GC 8~D:4~01 Payment on a TIme and Material Basis Definitions ~ .01 For: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. Pege 40 OPS Gene,., Conditions of Contract. September 1999 >J a . "'j OJ .... .J .J j j j J J .J J J J J j j J .J J ... .. iI. ... .. '- ... .. .. ... ... ... ... ... , .. .. .. .. ... Payroll Burden: means the payments in respect of workpl~ce insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accicIent insurance, pension fund and such other welfare and benefit payments fanning 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 indudes 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 indudes an work incidental thereto other than work on structures. Standby TIme: .. means any' period of time Which. is'not-considered 'Working ;T~nd which together with the Working Time does not exceed10hours.in.any;one,Working:Oay,:and',duririgwhich time a unit of equipment cannot practically be used on other:..work'butmust:remain:on'.tbe-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 Induding 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 forpayment'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:proceeding.and during .which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition... GC 8.02.04.02 Dally Work Records .01 Daily Work Records prepared as the case may be by either the Contractor's representative or the . Contract Administrator and' reporting' the labour and Equipment employed and the Material used on each Tme and Material project, shall be' reconciled and signed each day by both the Contractor's representative and the Contract Administrator. GC 8.02.04.03 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 Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. OPS General Conditions 01 Contract . september 1999 pege 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~of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of ":fAboo. . .,;~>' 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 01$10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000. .02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a Tme and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment .03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the equipment on the Work on a Time and .. Miteriat Basis. GC 8~02t04;06.02 )\t1 Standby Time .01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by , the Contract Administrator. This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment Idled by the circumstances giving rise to the Work on Tme and Material Basis to be retumed to the lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result from such retum. Page 42 OPS Gene...' Condltlona of Contract - September 1999 -~j , . ~'j " Ij .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, .nopayment shall be made to ,the. Contractor for ... or in respect of Hand Tools or equipment that are tools of the trade. ... .. II. ! .. .. i.. ... ... .. ... ... ... ... ... GC 8.02.04.08 Payment for Work By Subcontractors . .01 Where the Contractor arranges for Work on aTime and Material Basis, or.a part of it. to be performed . bySubcontractors-. on .a.Time' and. ,Material .basis<,.and...has~ived ..apprpv.al..prior to the . "commencement of.' such'. work; '~in accordance witb.;:.thEh~requlrements:::ofiiSubsectioR: GC 3.10, , SubContracting by the' Contractor.. the. Owner will pay the lcost'of.Work,orl<8'Tune:and-lMaterial Basis by1he Subcontractor calculated-as.jf the ,Contractor had.don&the"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 rnarkupWll be applied regardless.of.the extent towhich.the work is assigned or sublet to . others. If work is:assignedor. sublet-to an, associate" as defined by the. Securities Act no markup whatsoever will be apprled. ' GC 8.02.04.09 Submission of Invoices .01 At the start of the Work 'on a Tune and Material Basis, the Contractor -shall.pro~de,the applicable . labour and Equipment rates not already submitted to,the Contract Administrator during the course of such work. .02 . Separate. summaries shan be'completed by the Contractor according to thesta[l~ard foll1l,"Summary for Payment ,of Accounts on a Tune.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 with each.summary.~ _c. ~.;;., . ;._.;.......;, ..." :'03 Each month the Contract Administrator will include,witt) the.ma,nthly,~~'Pi1~~;~~cate, the costs of the Work on a Tune and Material Basis incurred during' the preceding month all in . accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. ' .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 all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. OPS Gener8I Condltlona of Connct . September 1m Page 43 GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid-under the Contract. the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such .,' original Records until 12 months after the Final Acceptance Certificate is Issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work and claims arising therefrom for a similar period of time. .02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the labour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day. .03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract. The Contractor shall supply . certified copies of any part of its Records required whenever requested by the Owner. GC 8.02.08 Taxes and Duties .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract. and this change could not have been anticipated at the time of bidding, the Owner will increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shaD be submitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left in . place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a 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 OPS. General Condltlona of Cor1trKt . September 1999 ~ I .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. lit. .. .. II. II. ... .. iI. .. ... II. ... .. t II. .... ... OPS Generel Conditions of Contract - September 1m Page ..5 ,.