HomeMy WebLinkAbout2007-188
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007-188
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Lafarge
Paving and Construction Ltd., Oshawa, Ontario for the Asphalt
Resurfacing - Contract 2, Various Streets, 2007 and Phase 1
of the Mill Street Grade Separation Project.
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, Lafarge Paving and Construction Ltd., Oshawa, 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 10th day of September, 2007.
By-law read a third time and finally passed this 10th day of September, 2007.
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. iMmlrCipaf~Clerk
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CORPORA nON OF THE
MUNICIPALITY OF CLARlNGTON
ASPHALT RE-SURFACING, PHASE 2
VARIOUS STREETS - 2007
CONTRACT NO. CL2007-40
AUGUST 2007
l]J~
architects
planners
TSH NO. 12-29656-02
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: LAFARGE PAVING & CONSTRUCTION LTD.
of the Regional Municipality of Durham and Province of Ontario
hereinafter called the .Contractor"
THE PARTY OF THE FIRST PART
- and-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the .Purchaser"
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or payments
specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies,
labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described
hereafter, furnish all the materials except as herein otherwise specified, and to complete such works m 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 mtents and purposes as though all the stipulations thereof
have been embodied herein.
Page 1 of3
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Asphalt Re-surfacing, Phase 2, Various Streets - 2007, Contract No. CL2007-40, Municipality of CIa ring ton.
A. TENDER FORM: General
Itemized Bid
Bonds
Schedule of Tender Data
B. STANDARD TERMS AND CONDITIONS
C. SCHEDULE 'C' - CONTRACTOR'S SAFETY
D. INSTRUCTIONS TO TENDERERS
E. SPECIAL PROVISIONS - GENERAL
F. SPECIAL PROVISIONS - TENDER ITEMS
G. DESIGN GUIDELINES
H. STANDARD DRAWINGS
I. PLANS: Map 2
J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Municipality ofClarington
Specifications.
OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date
127 Current 3t4 Nov. 2004 353 Nov. 2006 532 June 1991
128 Apr. 2006 330 May. 1994 355 Nov. 2006 570 Aug. 1990
206 Nov. 2000 334 Nov. 2000 408 Nov. 2004 571 Nov. 2001
310 Nov. 2004 341 Nov. 2004 421 Apr. 1999 572 Nov. 2003
312 Apr. 2004 351 Nov. 2005 510 Nov. 2006 577 Nov. 2006
K. GEOTECHNICAL INVESTIGATION (Borehole Logs)
H. GENERAL CONDITIONS: OPS General CondItions of Contrac1 (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 December 1, 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 00
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED and sealed by the Contractor: LAF ARGE PAVING & CONSTRUCTION LTD.
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in the presence of
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Date / / L:'Sr-//nI'l-""~~
SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
in the presence of
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Date
Date
P:\12-29656-02 (see 29686)\Specs\CL2007-40-AGR_doc
Page 3 of 3
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PROJECT: TENDER FOR CONTRACT NO. CL2007-40
ASPHALT RE-SURF ACING, PHASE 2,
VARIOUS STREETS - 2007
AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
TENDERER: Lafarl!e Pavinl! & Construction Ltd.
Name
1255 Wilson Road North
Oshawa. Ontario LlH 7L3
Address (include Postal Code)
Te]: 905-728-466] Fax: 905-728-0820
Telephone and Fax Numbers
Yves Mageau
Name of Person Signing
Construction Manager
Position of Person Signing
TENDERS RECEIVED BY: Mrs. Patti Barrie. Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario.
LlC 3A6
P:\12-29656-02 (see 29686)\Specs\22J42~TF-SignDocs.doc
Page 1 of 13 pages
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TENDER
CONTRACT NO. CL2007-40
To:
The Mayor and Members of Council
Corporation of the Municipality of C]arington
Re: Contract No. CL2007-40
Asphalt Re-Surfacing, Phase 2, Various Streets - 2007
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 T enderers, 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 ]00%
Labour and Materia] 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 13 pages
I ITEMIZED BID CONTRACT NO. CL2007-40
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2007-40 for the following unit prices.
I Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
SP Refers to Special Provisions
(P) Plan Quantity Payment Item
MOC Municipality ofClarington Design Guidelines and Standard Drawings
I ~.tM.i""""'..".'>"""'.' f\ FC FC 5 ~........ .... ., i. · "'j..,>"
. iil:',,,.tI5 ........................ .......... .;;;, i..,
; ..
I SECTION 'A' - QUINN DRIVE, 7.9 m Wide
Al MOC, 310 Hot Mix H.L.-3, (40 mm) Including Tack t 310 81.25 25,187.50
I SP Coat and Padding as Required
A2 MOC,31O Provisional Item t 45 124.95 5,622.75
SP Hot Mix H.L.-3 - Driveways, (50 mm)
I A3 MOC,31O Hot Mix H.L.-8, (50 mm) Base Course t 120 191.90 23,028.00
SP Repair as Required
I A4 MOC,314 Granular 'A' (50 mm) Base Repair as t 140 41.10 5,754.00
SP Required
A5 MOC,314 Provisional Item 2 120 41.85 5,022.00
m
I SP Full Depth Base and Subbase
Rep]acement, 150 mm Granular 'A' and
300 mm Granular 'B', Type I, Incl.
I Excavation and Disposal of Surplus
Material
A6 310,510 Full Depth Crack Repair (0.3 m Wide) m ]50 31.90 4,785.00
I SP
A7 310,510 a) Partial Depth Asphalt Removal 2 2,600 3.90 10,140.00
m
SP (40mm)
I Provisional Item 2 200 11.15 2,230.00
m
b) Full Depth Asphalt Removal
I A8 MOC,35] a) Concrete in Sidewalk 2 36 81.15 2,921.40
m
355,SP
b) Brick Pavers in Sidewalk , 24 98.90 2,373.60
m-
t A9 MOC, 353 Concrete Curb and Guller, All Types m 300 80.50 24,150.00
SP
I AIO MOC, 408 Adjust Maintenance Holes and ea 20 318.30 6,366.00
SP Catchbasins
All MOC, 408 Adjust Water Valve Box ea 2 131.55 263.10
I SP
AI2 510 Sidewalk Removal 2 60 19.65 1,179.00
m
SP
I Al3 510 Curb and Guller Removal m 300 21.00 6,300.00
SP
Al4 MOC,570 Topsoil (Imported) 2 200 5.50 ],100.00
m
I SP
Al5 MOC,57] Nursery Sod (Unstaked) 2 200 5.50 1,100.00
m
SP
I Page 3 of 13 pages
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ITEMIZED BID
CONTRACT NO. CL2007-40
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2007-40 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 ofCJarington Design Guidelines and Standard Drawings
. 't:.'ic' .... .... . :.I'..... .... ~~;{ ~,L,.... .. .. i,;Lhi;;~'.""
. .r; . ... ..... .H!I....... .....
AI6 SP Provisional Item ea 8 399.90 3,199.20
Remove and Replace Catchbasin Grates
(OPSD 400.010)
Sub-Total, Section 'A' 130,721.55
SECTION 'B' - COLE A VENUE AND COLE COURT, 7.9 m Wide
BI MOC, 310 Hot Mix H.L.-3, (40 nun) Including Tack t 305 81.40 24,827.00
SP Coat and Padding as Required
B2 MOC,31O Provisional Item t 45 124.95 5,622.75
SP Hot Mix H.L.-3 - Driveways, (50 nun)
B3 MOC, 310 Hot Mix H.L.-8, (50 nun) Base Course t 120 191.90 23,028.00
SP Repair as Required
B4 MOC,314 Granular 'A' (50 nun) Base Repair as t 130 41.20 5,356.00
SP Required
B5 MOC,314 Provisional Item 2 150 39.90 5,985.00
m
SP Full Depth Base and Subbase
Replacement, ISO nun Granular 'A' and
300 nun Granular 'B', Type I, Incl.
Excavalion and Disposal of Surplus
Material
B6 310,510 Full Depth Crack Repair (0.3 m Wide) m 250 31.90 7,975.00
SP
B7 310,510 a) Partial Depth Asphalt Removal 2 2,570 3.95 10,151.50
m
SP (40 nun)
Provisional Item 2 200 11.15 2,230.00
m
b) Full Depth Asphalt Removal
B8 MOC,351 a) Concrete in Sidewalk , ISO 81.15 12,172.50
m
355, SP
b) Brick Pavers in Sidewalk , 90 10 1.1 0 9,099.00
m'
B9 MOC, 353 Concrete Curb and Gutter, All Types m 300 80.50 24,150.00
SP
BI0 MOC,408 Adjust Maintenance Holes and ea 15 318.30 4,774.50
SP Catchbasins
BII MOC, 408 Adjust Water Valve Box ea 2 131.55 263.10
SP
BI2 510 Sidewalk Removal 2 240 18.45 4,428.00
m
SP
Page 4 of 13 pages
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ITEMIZED BID
CONTRACT NO. CL2007-40
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2007-40 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer 10 the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of Clarington Design Guidelines and Standard Drawings
...-;;oL -., .....~:"i ~.~ I~;g"~i'f. ....~ .iJi.g, ......if
i.i.<.i~.
B13 510 Curb and Gutter Removal m 300 21.00 6,300.00
SP
BI4 MOC, 570 Topsoil (Imported) 2 300 5.50 1,650.00
m
SP
BI5 MOC, 571 Nursery Sod (Unstaked) 2 300 5.50 1,650.00
m
SP
BI6 SP Provisional Item ea 10 399.90 3,999.00
Remove and Replace Catchbasin Grates
(OPSD 400.010)
Bl7 MOC,408 Rebuild Maintenance Holes and ea 2 554.65 1,109.30
SP Catchbasins
Sub-Total, Section 'B' 154,770.65
SECTION 'C' - DIVISION STREET, 11.6 m Wide Pavement
CI MOC, 310 a) Hot Mix H.L.-3, (40 non) Including t 140 84.85 11,879.00
SP Tack Coat and Padding as Required
Provisional Item t 5 154.30 771.50
b) Hot Mix H.L.-3 - Driveways,
(40 non)
Provisional Item t 5 150.70 753.50
c) Hot Mix H.L.-8 - Driveways,
(50 non)
C2 MOC, 310 Provisional Item t 25 193.75 4,843.75
SP Hot Mix H.L.-8, (50 non) Base Repair as
Required
C3 MOC, 314 Provisional Item t 26 46.30 1,203.80
SP Granular 'A' (50 non Depth) Base Repair
C4 MOC, 314 Provisional Item 2 60 46.45 2,787.00
m
SP Full Depth Base and Subbase
Replacement, 150 non Granular 'A' and
300 non Granular 'B', Type I, lncl.
Excavation and Disposal of Surplus
Material
C5 310,510 Full Depth Crack Repair (0.3 ill Wide) m 85 32.80 2,788.00
SP
C6 MOC, 351 Concrete in Sidewalk 2 110 81.15 8,926.50
m
SP
C7 MOC,353 Concrete Curb and Gutter, All Types ill 30 131.85 3,955.50
SP
Page 5 of 13 pages
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ITEMIZED BID
CONTRACT NO. CL2007-40
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2007-40 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 ofClarington Design Guidelines and Standard Drawings
C8 MOC.408 a) Adjust Maintenance Hole and ea 565.55 565.55
SP Catchbasin
b) Adjust Water Valve Box ea 131.55 131.55
C9 310,510 a) Partial Depth Asphalt Removal , 1,190 4.15 4,938.50
m
SP (40 rom Depth)
Provisional Item 1 200 11.15 2,230.00
m
b) Full Depth Asphalt Removal
CIO 510 Sidewalk Removal 2 180 19.65 3,537.00
m
SP
CII 510 Curb and Gutter Removal m 30 24.90 747.00
SP
CI2 MOC,570 Provisional Item 1 20 5.50 110.00
m
SP Topsoil (Imported)
C13 MOC, 570 Provisional Item , 20 5.50 110.00
m-
SP Sod (Nursery)
CI4 355 Provisional Item 1 70 71.40 4,998.00
m
SP Relay Salvaged Brick Pavers
CIS 532 Pavement Markings - Durable, 100 rom
SP Width
a) White - Stalls and Turn Lane m 115 7.70 885.50
Delineation
b) Stop Bars ea 2 302.15 604.30
c) Yellow - Centre Line m 88 7.70 677.60
Sub-Total, Section 'C' 57,443.55
SECTION 'D' - MEADOWVIEW BOULEVARD, 7.9 m Wide (PROVISIONAL LOCATION)
D1 MOC,31O Hot Mix H.L.-3, (40 rom) Including Tack 150 84.60 12,690.00
SP Coat and Padding as Required
D2 MOC,310 Provisional Item 7 144.85 1,013.95
SP Hot Mix H.L.-3 - Driveways, (50 rom)
OJ MOC, 310 Hot Mix H.L.-8, (50 rom) Base Repair as t 20 194.20 3,884.00
SP Required
04 MOC,314 Granular 'A' (50 mm) Base Repair as 20 48.20 964.00
SP Required
Page 6 of 13 pages
I ITEMIZED BID CONTRACT NO. CL2007-40
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2007-40 for the following unit prices.
I Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
SP Refers to Special Provisions
(P) Plan Quantity Paymenlltem
MOC Municipality ofClarington Design Guidelines and Standard Drawings
I U;..... :M............. . .c. .....ll~. .>...;IEi' .(;~~;I!7~
iIliiJ. ......c- i.;,..... ... fi .....;... r
.............};..
I 05 MOC, 314 Provisional Item 2 50 48.55 2,427.50
m
SP Full Depth Base and Subbase
Replacement, 150 mm Granular 'A' and
I 300 mm Granular 'B', Type I, Ine\.
Excavation and Disposal of Surplus
Material
I 06 310,510 a) Partial Depth Asphalt Removal 2 1,075 4.15 4,461.25
m
SP (40 mm)
Provisional Item 2 200 11.\5 2,230.00
m
I b) Full Depth Asphalt Removal
07 310,510 Full Depth Crack Repair, (0.3 m Wide) m 95 31.\0 2,954.50
I SP
08 MOC,351 Concrete in Sidewalk 2 25 81.\5 2,028.75
m
SP
I 09 MOC, 353 Concrete Curb and Guller, All Types m 25 137.90 3,447.50
SP
010 MOC, 408 Adjust Maintenance Holes and ea 6 565.55 3,393.30
I SP Catchbasins
Dl1 MOC, 408 Provisional Item ea I 131.55 131.55
SP Adjust Water Valve Box
I D12 510 Sidewalk Removal , 25 21.65 541.25
m-
SP
D13 510 Curb and Guller Removal m 25 26.85 671.25
I SP
D14 MOC, 570 Provisional Item 2 75 5.50 412.50
m
SP Topsoil (Imported)
I DI5 MOC,571 Provisional Item 2 75 5.50 412.50
m
SP Nursery Sod
I D16 532 Pavement Markings - Durable, 100 mm m 100 7.70 770.00
SP Width - Yellow Centre Line
I Su b- Total, Section 'D' 42,433.80
SECTION 'E' - MUNROE STREET (pROVISIONAL LOCATION)
I EI MOC,31O Hot Mix H.L.-3 (60 mm), Including Tack t 230 87.80 20,194.00
SP Coat and Small Grinder
E2 MOC, 310 Provisional Item t 35 126.00 4,410.00
I SP Hot Mix H.L.-3 - Driveways, (50 mm)
E3 MOC,314 Granular 'A' (50 mm) t 200 28.30 5,660.00
I SP
Page 7 of 13 pages
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ITEMIZED BID
CONTRACT NO. CL2007-40
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2007-40 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 ofClanngton Design Guidelines and Standard Drawings
E4 MOC, 314 Provisional Item 125 40.95 5,118.75
SP Full Depth Base and Subbase
Replacement, 150 mm Granular 'A' and
300 mm Granular 'B', Type I, Inc!.
Excavation and Disposal of Surplus
Material
E5 SP In-Place Full Depth Reclamation of 2 1,325 4.15 5,498.75
m
Bituminous Pavement and Underlying
Granular
E6 MOC, 570 Topsoil (hnported) ) 400 5.50 2,200.00
m-
SP
E7 MOC, 571 Sod (Nursery, Unstaked) 2 400 5.50 2,200.00
m
SP
E8 206 Ditching
SP
a) Gradall hrs 10 170.45 1,704.50
b) Triaxle Dump Truck hrs 20 73.60 1,472.00
E9 MOC, 312 Asphalt Gutter (500 mm Wide), Incl. m 175 14.15 2,476.25
SP (Asphalt SwalelDitch)
EIO MOC, 421 Provisional Item m 42 162.00 6,804.00
SP Remove and Replace Entrance Culvert
Sub-Total, Section 'E' 57,738.25
SECTION 'F' - TORONTO STREET: AMOS STREET TO ISO m SOUTH OF CN TRACKS
FI MOC, 201 Clearing and Grubbing LS 2,734.50 2,734.50
SP
F2 MOC, 206 Excavation (Grading) 3 170 18.95 3,221.50
m
SP
F3 MOC,310 Hot Mix H.L.-3, (40 mm) Surface Course, 1,200 74.10 88,920.00
SP Including Tack Coat
F4 MOC,31O Provisional Item 75 123.50 9,262.50
SP a) Hot Mix H.L.-3 - Driveways,
(40mm)
Provisional Item t 85 119.70 10,174.50
b) Hot Mix H.L.-8 - Driveways
(50mm)
F5 MOC, 310 Hot Mix H.L-8, (50 mm) Base Course 1,400 66.00 92,400.00
SP
Page 8 of 13 pages
I ITEMIZED BID CONTRACT NO. CL2007-40
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2007-40 for the following unit prices.
I Spec. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
SP Refers to Special Provisions
(P) Plan Quantity Payment Item
MOC Municipality of Clarington Design Guidelines and Standard Drawings
I
I In.Place Full Depth Reclamation of 2.25 16,875.00
Bituminous Pavement and Underlying
Granular
I F7 MOC,314 Granular 'A' Base (150 mm Depth) 4,150 18.80 78,020.00
SP
F8 MOC,314 Granular 'N, Shouldering 425 25.00 10,625.00
I SP
F9 MOC,314 Provisional Item 2 350 37.20 13,020.00
m
SP Full Depth Base and Subbase
I Replacement, 150 mm Granular 'A' and
300 mm Granular 'B', Type I, Incl.
Excavation and Disposal of Surplus
I Material
FIO 552 Single Rail Steel Beam Guide Rail (OPSD m 115 115.35 13,265.25
SP 912.130)
I FII 559 Extruder End Treatment (OPSD 922.510) ea 2 4,504.85 9,009.70
SP
I FI2 552 Steel Beam Guide Rail End Treatment - ea 2 4,504.85 9,009.70
SP Entrances (OPSD 912.531)
FI3 MOC,570 Topsoil (Imported) 2 600 3.85 2,310.00
m
I SP
FI4 MOC, 571 Nursery Sod (Unstaked) , 600 5.50 3,300.00
m"
SP
I Fl5 MOC, 570 Topsoil (Imported or Reclaimed from , 8,600 3.85 33,110.00
m
SP Ditching Operation)
FI6 MOC, 572 Seed 2 8,600 0.50 4,300.00
I m
SP
F17 206 Ditching:
SP a) Gradall hrs 100 169.65 16,965.00
I
b) T riaxle Dump Truck hrs 150 73.60 II ,040.00
I Fl8 577 Silt Fence Sediment Control m 50 36.60 1,830.00
SP
FI9 532 Pavement Markings" Durable
I SP a) 100 mm Width - Yellow Centre Line
m 1,150 7.70 8,855.00
b) 600 mm Stop Bars ea 2 219.75 439.50
I c) Traffic Symbols - Railway "X" ea 2 302.15 604.30
I Page 9 of 13 pages
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ITEMIZED BID
CONTRACT NO. CLZOO7-40
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2oo7-40 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this colunm refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of Clarington Design Guidelines and Standard Drawings
r,,,iCl l..f';;,",~ ~t!"L./';\L;.....'...;.D.i"" ...;!;L....;.!........ ......... .t"........~ _7;..~;;".
F20 MOC,421 Provisional Item
SP Remove and Replace Culverts
a) 450 mm Dia. CSP, 2.0 mm Gauge m 88 145.90 12,839.20
b) 600 mm Dia. CSP, 2.0 mm Gauge m 40 179.20 7,168.00
PZI MOC,421 600 mm Dia. Plain Galvanized CSP, 2.0 m 14 500.10 7,001.40
SP mm Gauge Complete With Frost Tapers
Sub-Total, Section 'F' 466,300.05
SECTION 'G' - TORONTO STREET: 150 m SOUTH OF CN TRACKS TO 565 m SOUTH OF CN TRACKS
GI MOC,201 Clearing and Grubbing LS 3,114.90 3,114.90
SP
G2 MOC, 310 Hot Mix H.L.-3, (40 mm) Surface Course t 325 72.70 23,627.50
SP
G3 MOC,310 Hot Mix RL.-8, (50 mm) Base Course t 380 66.80 25,384.00
SP
G4 MOC,314 Reshape Road Gravel Surface with t 550 21.80 11 ,990.00
SP Granular 'A', as Required
G5 MOC,314 Reshape Gravel Shoulders with Granular t 150 26.40 3,960.00
SP 'A', as Required
G6 MOC,421 450 mm Dia. Big '0', Boss 2000 HOPE m III 172.70 19,169.70
SP Corrugated Pipe
G7 MOC,407 1200 mm x 600 mm Precast Concrete ea 5 2,763.00 13,815.00
SP Ditch Inlet, Type B (OPSD 705.040)
G8 MOC,421 450 mm Dia. Plain Galvanized m 48 133.00 6,384.00
SP Corrugated Steel Pipe Entrance Culverts,
2.0 mm Gauge
G9 MOC,570 Topsoil (Imported) 2 1,680 3.85 6,468.00
m
SP
GIO MOC,572 Seed 2 1,680 0.50 840.00
m
SP
GlI MOC,511 Rip Rap Complete With Geotextile at m' 50 51.60 2,580.00
SP Ditch Outfall
GI2 206 Ditching:
SP a) Gradall hrs 50 170.30 8,515.00
b) Triaxle Dump Truck hrs 75 73.60 5,520.00
G13 577 Silt Fence Sediment Control m 35 36.60 1,281.00
SP
Page 10 of 13 pages
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ITEMIZED BID
CONTRACT NO. CL2007-40
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In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract
No. CL2007-40 for the following unit prices.
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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
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Pavement Markings - Durable, 100 rom
Width - Yellow Centre Line
m
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Sub-Total, Section 'G'
135,844.60
SECTION 'H' - PRICE ADJUSTMENT - ASPHALT CEMENT
HI
SP
Asphalt Cement Price Adjustment
40,000.00
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Sub-Total, Section 'H'
40,000.00
SUMMARY -
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Total Part 'A' - Quinn Drive, 7.9 m Wide
Total Part 'E' - Cole Avenue and Cole Court, 7.9 m Wide
Total Part 'C' - Division Street, 11.6 m Wide Pavement
Total Part '0' - Meadowview Boulevard, 7.9 m Wide (Provisional
Location)
Total Part 'E' - Munroe Street (Provisional Location)
Total Part 'F' - Toronto Street: Amos Street to 150 m South ofCN
Tracks
Total Part 'G' - Toronto Street: 150 m South ofCN Tracks to 565 m
South of CN Tracks
Total Part 'H' - Price Adjustment - Asphalt Cement
130,721.55
154,770.65
57,443.55
42,433.80
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57,738.25
466,300.05
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135,844.60
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40,000.00
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Total (excluding GST)
GST (6% of Total)
TOT:hl'EmfERAMQUNT
1,085,252.45
65,115.15
1,150,367.60
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Tenderer's GST Registration No. 100471598
P:\11-2%56-02 (see 29686)\SpeC5\{CUOO7-40-ltemBid-SigJlOocs.:ds]Sign Docs
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Page II of 13 pages
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AGREEMENT TO BOND (to be comDleted bv Bondinl! ComDanv)
CONTRACT NO. CL2007-40
Bond No.: TS8005605-310
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
Lafarl!e Paving & Construction Ltd.
in a Performance Bond totaling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour
and Material Payment Bond totaling 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. CL2oo7-40 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 Edmonton, AB
2200
2007
this
day of
August
The Guarantee Company of North America
Name of Bonding Company
Michaela Simpson
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 12 of 13 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2007-40
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The work specified in the Contract shall be performed in strict accordance with the following Schedule:
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A.
TENDER FORM:
General
Itemized Bid
Agreement to Bond
Schedule of Tender Data
STANDARD TERMS AND CONDITIONS
SCHEDULE 'C' - CONTRACTOR'S SAFETY
INSTRUCTIONS TO TENDERERS
SPECIAL PROVISIONS - GENERAL
SPECIAL PROVISIONS - TENDER ITEMS
DESIGN GUIDELINES
STANDARD DRAWINGS
PLANS: Map 2
STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and MunicipalityofClarington
Specifications.
Pages I and 2
Pages 3 to 11
Page 12
Page 13
Pages I to 9
Pages 1 to 8
Pages 1 to 5
Pages 1 to 13
Pages 1 to 12
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B.
C.
D.
E.
F.
G.
H.
I.
J.
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OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date
127 Current 314 Nov. 2004 353 Nov. 2006 532 June 1991
128 Apr. 2006 330 Mav.1994 355 Nov. 2006 570 Aug. 1990
206 Nov. 2000 334 Nov. 2000 408 Nov. 2004 571 Nov. 2001
310 Nov. 2004 341 Nov. 2004 421 Am. 1999 572 Nov. 2003
312 Aor. 2004 351 Nov. 2005 510 Nov. 2006 577 Nov. 2006
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K. GEOTECHNICAL INVESTIGA nON (Borehole Logs)
H. 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.
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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.
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Yes X No ~.'_'
,.;~-:- -:: _.- ~ - - ~ -. -:-/~__f
By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, P~~d Specificat;6~:
for Contract No. CL2007-40, executed by me/us bearing date the 29th day of August 2O;\fl and w~lHwe full:y~
read all related dOC:~ as listed above. \,:::__ ."'- . .~.
SIGNATURE: -7 ~ POSITION Ciia&~~~:r~f:
NAME OF FIRM Lafarge Paving & Construction Ltd. (COMPANY SEAL)
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Privac,"' Le!!islation
Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that we
have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This
personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional
designations and qualifications. This CONSENT pennits 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.
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This is Page 13 of 13 Pages to be submitted as the Tender Submission for Contract No. CL2007-40.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-40
STANDARD TERMS AND CONDITIONS
Po\ 12-29656-Q2\Specs\22343-T&C.doc
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STANDARD TERMS AND CONDITIONS
1
The Municipality ofClarington's "Standard Tenns and Conditions" shall apply to this Contract
except where noted below.
. Clause 15 of the "Standard Tenns and conditions" shall be superceded by Clause I,
''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 Tenns and Conditions" shall be supercedfl by Clause 17,
"Workplace Hazardous Materials Information System (WHMlS)" ofithe "Special
Provisions - General" Section of the Contract.
STANDARD TERMS AND CONDITIONS
2
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1. DEFINITIONS
Municipality - The Corporation of the Municipality of Clarington, its successors and assigns.
Bidder - The person, firm or corporation submitting a bid to the MunicipaUty.
Company - The person, contractor, firm or corporation to whom the Municipality has awarded the
contract, it successors and assigns.
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Contract - The purchase order authorizing the company to perform the work, purchase order
alterations, the document and addenda, the bid, and surety.
Subcontractor - A person, firm or corporation having a contract with the company for, or any part of,
the work.
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Document - The document(s) issued by the Municipality in response to which bids are invited to
perform the work in accordance with the specifications contained in the document.
Bid - An oller by a Bidder in response to the document issued by the Municipality.
Work - All labour, materials, products, artides, fixtures, services, supplies, and acts required to be
done, furnished or performed by the company, which are subject to the Contract.
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2.
SUBMISSION OF BID
Bid invilalion 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.
The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier
envelopes or other coverings.
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The bid must be signed by a designated signing officer of the Bidder.
If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing
must be initialled by the Bidder's authorized signing officer.
The bid must not be restricted by a covering letter, a statement added, or by alierations to the
document unless otherwise provided herein.
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Failure to return the document or invitation may result in the removal of the Bidder from the
Municipality's bidde~s list.
A bid received atter the closing date and time will not be considered and will be returned, unopened.
Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
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STANDARD TERMS AND CONDITIONS
3
3. CONTRACT
The contJact consists of the documents aforementioned.
The conlracl and portions thereof take precedence in the order in which they are named above,
nolwi1hslanding 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 Biddel's standard or general conditions of sale shan be of
any elfec;t 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 contacl identified in the document. Any such clarification so
given shan not in any way aRer the document and in no case shaI1 DIal 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 aRer orally any portion of the
document.
5. PROOF OF ABILITY
The bidder may be required to show, in 1erms 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 defivered 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 defivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall acoompany 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 shaH 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 con1Jacl.
Time shall be of the essence of the contract
7. PRICING
Prices shall be in Canadian Funds, quo1ed separa1ely for each nem 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 en1ertained 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.
STANDARD TERMS AND CONDITIONS
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4
All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other
charges of every kind attributable to the WOJk. Goods and Services Tax and Provincial Sales Tax
shall be extra and not shown, unless otherwise specified herein.
If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, ~ shall
arrange ~ shipping procedures so that its agent or representative in Canada is the importer of
record for customs PllfPOses.
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Should any additional tax, duty or any variation in any tax or duty be imposed by the Govemment of
Canada or the Province of Ontario become directiy applicable to work specified in this document
subsequent to ~ 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.
8.
TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work.
Payments made hereunder, including final payment shall not relieve the company from its
obligations or liabilities under the contract.
Acceptance by the oompany of the final payment shall oonst~ute a waiver of claims by the oompany
against the Municipality, except those previously made in writing in acoordance with the oonlract and
still unsellled.
The Municipality shall have the right to w~hhold from any sum otherwise payable to the oompany
such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction
ofil.
Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, oonlract
requirements being oompleted and work being deemed satisfactory.
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9.
PATENTS AND COPYRIGHTS
The company shall, at its expense, defend all claims, actions or proceedings against the Municipal~
based on any allegations that the work or any part of the work oonstitutes an infringement of any
patent, oopyright or other proprietary right, and shall pay to the Municipality all oosts, damages,
charges and expenses, including its lawyers' fees on a soIimor and his own client basis occasioned
to the Municipality by reason thereof.
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
oompany shall forthwith either secure for the Municipality the right to oontinue using the work or shall
at the oompany's expense, replace the infringing work ~ non-infringing work or modify it so that
the work no longer infringes.
10.
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ALTERNATES
Any opinion with regard to the use of a proposed allemate determined by the Municipality shall be
final. Any bid proposing an altemate will not be oonsidered unless otherwise specified herein.
11.
EQUIVAlENCY
Any opinion determined by the Municipality with respect to equivaiency shall be final.
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12.
ASSIGNMENT AND SUBCONTRACTING
The oompany shall not assign or suboontract the contract or any portion thereof without the prior
written oonsent of the Municipal~.
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STANDARD TERMS AND CONDITIONS
5
13. FINANCING INFORMATION REQUIRED OF lliE COMPANY
The Municipality is entitled to request of the Company to furnish I9aSOIlabIe evidence that financial
arrangemenls have been made to fulfil the Company's obligations under the Contract
14. LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulallons and
by-laws pertaining to the work and its pertormance. The company shall be responsible for ensuring
similar compliance by suppliers and subcontractors.
The contract shall be governed by and inlerpreIed in accordance with the laws of the ProvinCe of
Ontario.
15. CORRECTION OF DEFECTS
If at any time prior to one year after the actual delivery date or completion of the WOfl( (or specified
warrantylguarantee period if longer than one year) any part of the work becomes defectjve or is
deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the
requiremenls of the contract, the company, upon request, shaft make good every such defect,
deficiency or failure without cost to the Municipality. The company shell pay all transportation costs
for work both ways between the company's factory or repair depot and the point.of use.
16. BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or aU items of the bids and to award contracIs 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 liabitity shaR accrue to the
MunicipaRty 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 Bidders shown address given in the bid of a notice of award
to a bidder by the Municipality shall consti1ule notice of acceptance of contract by the Municipality to
the extent described in the notice of award.
17. DEFAUlT BY COMPANY
a. If the company: commils any act of bankruptcy; or if a receiver is appointed on account of
ils insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of its creditors; then, in any such case, the Municipality may,
without notice: tenninate the contract.
b. If the company: fails to comply with any request, instruction or order of the Municipality; or
fails to pay its accounts; or fails to comply with or persistentiy disregards statutes,
regulations, by-laws or directives of relevant authorities reIaling to the WOfl(; or fails to
prosecute the work with sk~1 and diligence; or assigns or sublels the contract or any portion
thereof withoul the Municipality's prior writien consent; or refuses to correct defective work;
or is otherwise in default in carrying out its part of any of the terms, conditions and
obligations of the contract, then, in any such case, the Municipality may, upon expiration of
ten days from the 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 righls or remedies the Municipality may have and without incurring any liability
whalsoever in respect thereto.
STANDARD TERMS AND CONDITIONS
6
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d. If the Municipality terminates the contract, it is entiUed 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;
ii) withhold any further payments to the company until the completion of the work
and the expiry of all obligations under the Correction of Defects section;
Iii) recover from the company loss, damage and expense incurred by the Municipality
by reason of the company's default (which may be deducted from any monies due
or becoming due to the company, any balance to be paid by the company to the
Municipality).
18. CONTRACT CANCELlATION
The Municipality shall have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation,
the Municipality and the Company may negotiate a setUement. The Municipality shall not be liable to
the Company for loss of anticipated prof~ on the canceHed portion or portions of the work.
19. QUANTITIES
Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be
accurate, are furnished without any liability on behaH of the Municipality and shall be used as a basis
for comparison only.
Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
20.
SAMPLES
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Upon request, samples must be submitted slricUy 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 gramed. Samples must be submitted free of charge
and will be returned at the bidde~s expense, upon request, provided they have not been destroyed
by tests, or are not required for comparison purposes.
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.
Samples submitted must be accompanied by current Material Satety Data Sheets (MSDS) where
applicable.
21.
SURETY
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to
satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or
money order or other form of surety, in an amount determined by the Municipality. This surety may
be held by the Municipality until 60 days after the day on which all work covered by the contract has
been completed and accepted. The surety may be returned before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out
the work have expired or have been satisfied and that a Certificate of Oearance from the WSIB _
Workplace Safety Insurance Board has been received.
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The company shall, ff the Municipality in its absolute discretion so desires, be required to satisfy
fidelity bonding requirements by providing such bonding in an amount and form determined by the
Municipality.
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Failure to furnish required surety within two weeks from date of request thereof by the Municipality
shan make the award of the Contract by the Municipality subject to withdrawal.
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STANDARD TERMS AND CONDITIONS
7
22. WORKPlACE SAFETY AND INSURANCE BOARD
AI of the ConIracto(s personnel must be covered by the insur.mce plan under the WOIl<plaoe Safely
and Insurance Act, 1997, or must provide an idelllilitalion number from the WSlB veriIyif!g their status
as an "Independent Operator". Upon request by the Municipality, an original lelIer of Good Slanding
from the Workplace Safety and Insurance Board shaH be provided prior to the COIllITlllIlO8l1lEl11lof
work indicating all payments by the Company to the board have been made. Prior to final payment, a
CerIificate 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 fulfi1ment of the contract. Further
Certificates of Clearance or other types of certificales shall be provided upon request.
For Independent contractors / Owners / Operators who do not have WSlB coverage, the following
shall be provided upon request by the Calling Agency:
Sing~ Independent Contractors / Owners / Operators shall provkle a letter from the Workplace
Safety & Insurance Board confinning independent operator status and idenlificalion number. To
obtain this, contractors must complete the form "Determining worker/Independent Operator stalus',
issued by the Wor1<p1ace Safety & Insurance Board. (For more information, ~ contact your
local Wor1<place Safety & Insurance Board Office and refer to this clause.)
Single ,Independent Contractors / Owners / Operators must also provkle a certificate from the
Workplace Safety & Insurance Board confinning they have purchased the optional WSlB coverage.
The Municipality of Claringlon has the right to reject any bid n deems to provkle insutlicienl 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 aU operations
perfonned by or on behalf of the Company. A cerllfied copy of such policy or cerlificate shall be
provided to the municipality prior to commencement of the work. Further certified copies shaH 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 aU 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 ns 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 sne 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 sne which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respect.
STANDARD TERMS AND CONDITIONS
8
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26. SAFETY
The Company shan obey all Federal, Provincial and Municipal laws, Act, Ordinances, Regulations,
Orders-in-Council and By-laws, which could in any way perlain to the wor!< ouUined in the Contract
or to the Employees of the Company.
Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements
imposed by the Occupational Heallh and Safety Act and Regulations made thereunder, on a
contractor, a Constructor andlor Employer with respect to or arising out of the performance of the
Company's obligations under this Contract.
The Company shall be aware of and conform to all goveming regulations including those established
by the Municipality rela1ing to employee health and safety. The Company shall keep employees and
subcontractors informed of such regulations.
The Company shall provide Malerial Safety Data Sheets (MSDS) to the Municipality for any supplied
Hazardous Materials.
27. UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating
to the wor!<. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
28. SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend performance by the company from
time to time of any part or all of the wor!< for such reasonable period of time as the Municipality may
determine.
The resumption and completion of wor!< after the suspension shall be governed by the schedule
established by the Municipality.
29. CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the
wor!<. 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.
30. CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell goods or services to the Municipality
in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a
Company or own a Company which sells goods or services to the Municipality.
31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT lMFIPPAl
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.
Offerers are reminded to identi(y 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 confidenlial.
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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
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STANDARD TERMS AND CONDITIONS
9
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 oulslanding warrants and charges for every individual who may come
into difecl eu..bdoJ with youth or who are pennitted entrance 10 private or restricted areas or
residences. This will be done at no cost 10 the Municipality and any such requested document wi"
be submitted 10 the Municipality in its !rue form in advance of commencement of WIlfl<.
The Municipal issued idenllficalion 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 anticipaled. 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
10 prohibit an individual from coming into direct contact with youth or entering a private or restricted
area on a regular basis and 10 terminate the contract if the bidderlpartner fails to obtain or renew
the Municipal identification cards according 10 Municipal policy and procedure.
The Municipaflly of Clarington reserves the right 10 cancel and/or suspend the contract immediately
and unilaterally and without penalty to the MunicipaUty should the service provider faU to provide
the required documentation or otherwise adhere to this procedure. "The Chief Administrative
Officer has the final say in determining any final action.'
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-40
SCHEDULE 'c'
p, \ 12-29656-02\Specs\CL-Schedu1e (C).doc
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SCHEDULE (C)
CONTRACTOR SAFETY
1
POLICY AND PROCEDURE
POLICY:
Contractors and Sub-conlractors 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;
. every employer and every worker performing work on the proiect complies with
the Occupational Health and Safety Act and the Regulations (under the Act); and
. the health and safety of workers on the proiect is protected.
. Where so prescribed, a constructor shall, before commencing any work on a
project, give to a Director notice in writing of the project containing such
information as may be prescribed.
DEFINITIONS:
Contractor - any individual or firm engaged by the Municipality to do work on behalf of
the Municipality.
Project - means a construction project, whether pUblic or private, including,
. the construction of a building, bridge, structure, industrial establishment, mining
plant, shafltunnel, caisson, trench, excavation, highway, railway, street, runway,
parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph,
telephone or electrical cable, pipe line, duct or well, or any combination thereof,
. the moving of a building or structure, and
. any work or undertaking, or any lands or appurtenances used in connection with
construction.
Construction - includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, trenching,
digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant,
and any work or undertaking in connection with a project.
SCHEDULE(C
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Constructor - means a person who undertakes a project for an owner and includes an
owner who undertakes all or part of a project by himself or by more than one employer.
Project Manager - means the municipal management representative who has
responsibility for a contract.
PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
a) Before beginning a project, the project manager or delegate must determine
whether any designated substances/hazardous materials are (or will be) present
at the site and prepare a list of all these substances.
b) The project manager or delegate must include, as part of the request for
tender/quotations, a copy of the above-mentioned list. The list of designated
substances/hazardous materials must be provided to all prospective constructors
and/or contractors.
c) The request for tender/quotations will require prospective contractors to include a
list of the designated substanceslhazardous materials that will be brought onto
the work site and material safety data sheets.
d) Before awarding a contract, contractor(s) will be required to complete and sign
the Health and Safety Practice Form (Schedule "An). The Purchasing Office will
maintain all contractors safety performance records.
e) As part of the tender/quotation conditions, before award of a contract, the
contractor will be required to provide proof that all workers involved with the
project have the proper WHMIS training, as required by the Occupational Health
and Safety Act.
f) As part of the tender/quotation conditions, before award of a contract, the
contractor must provide details of their Health and Safety program.
g) The project manager or delegate must provide the successful contractor with a
workplace orientation, which will include, but not limited to identifying known
potential hazards, hazardous material inventory and material safety data sheets
for the sites. A workplace orientation/Job Safety Instruction Checklist to be
completed (see Compliance page 9).
h) Before the start of the assignment, the following documentation will be provided
to the successful contractor, by the project manager or delegate.
i) Copies of the Municipal Corporate Health and Safety Program
ii) Departmental health and safety policies
iii) Workplace procedures regarding health and safety practices.
2
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SCHEDULE (C)
CONTRACTOR SAFETY
3
POLICY AND PROCEDURE Continued...
i) The contractor has the responsibility to provide any and all prescribed personal
protective equipment for their own workers, to indude 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 "8").
k) Where applicable, the Municipality will retain the right to allow municipal
employees to refuse to work in accordance with the established policy and the
Occupational Health and Safety Act, in any unsafe conditions.
I) The Purchasing Department will maintain current certificates of dearance 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 indude identification, evaluation and
control practices and procedures for hazards and fo/low-up and issuing of
Contrador Health and Safety Warning/Stop Work Orders.
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
To Contractor(s):
The Municipality of Clarington is committed to a healthy and safe working environment for all
workers. To ensure the Municipal workplace is a healthy and safe working environment,
contractors, constructors and subcontractors must have knowledge of and operate in
compliance with the Occupational Health and Safety Act and any other legislation pertaining to
employee health and safety.
In order to evaluate your company's health and safety experience, please provide the
accident/incident and/or Workplace Safety and Insurance Board (WSIB) information noted
below, where applicable.
. The New Experimental Experience Rating (NEER)
- The WSIB experience rating system for non-construction rate groups
.............................................................................................
. The Council Amended Draft #7 (CAD-7) Rating
- The WSIB experience rating system for construction rate groups
. Injury frequency performance for the last two years
- This may be available from the contractor's trade association
. Has the contractor received any Ministry of Labour warnings or orders in the last two
years? (If the answer is yes, please include the infraction).
. Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
(Bidders to include the letter confirming this status and number from WSIB with their bid
submission.)
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SCHEDULE (C)
CONTRACTOR SAFElY
5
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, l!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. llwe will work safely with skill and care so as to
prevent an accidental injury to ourselves, fellow employees and members of the public.
1. The contractor/successful tenderer certifieS that it, its employees, its
subcontractors and their employees,
a) are aware of their respective duties and obligations under. the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the "Act"); and
b) have sufficient knowledge and training to perform all matters required
pursuant to this contraclJtender safely and in compliance with the Act.
2. In the performance of all matters required pursuant to this coIltraclJtender, the
contractor/successful tenderer shall,
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act
safely and complying all respects with the Act.
3.
The contractor/successful tenderer shall rectify any unsafe act or practice and
any non-compliance with the Act at its expense immediately upon being notified
by any person of the existence of such act, practice or non-compliance.
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.
4.
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 contraclJtender;
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.
fu.;:;;:;r&7mmN;;;;;;;l~s~t"z;;;;;;~..
~i~~"""""""""""""""""""""""""........~~~~~..
6
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SCHEDULE (C)
CONTRACTOR SAFETY
7
POLICY AND PROCEDURE Continued...
CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER
The purpose of this fonn is to: (Issuer to check one of the following)
Provide warning to the contractor to immediately discontinue the unsafe work practice
described below
Direct the contractor to immediately cease all work being performed under this contract
due to the unsafe work practice described below.
FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A
BREACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
NAME OF FIRM:
PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
SCHEDULE (C)
CONTRACTOR SAFETY
DATE & TIME OF INFRACTION:
DESCRIPTION OF INFRACTION INCLUDING LOCATION:
ORDER GIVEN BY MUNICIPALITY:
DID THE CONTRACTOR COMPLY WITH THIS ORDER?
DATE & TIME OF COMPLIANCE:
ISSUED TO:
CONTRACTOR'S EMPLOYEE TITLE
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
PART "C" - ADDITIONAL COMMENTS
THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS
SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME
WORK RESUMED, FURTHER ACTION TAKEN, ETC.
SJAdminIForms & SpecslClaringtonlPolicy-MOC
8
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-40
INSTRUCTIONS TO TENDERERS
P:\ 12-29656-02\Specs\22344-IT.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-40
CLAUSE
SUBJECT
PAGE
1. GENERAL........................................................................................................................................................... 1
2. BLANK FORM OF TENDER ............................................................................................................................ 1
3. TENDER DEPOSITS ........................................................ ......... .............. .... ........... ........... ................. ................ 1
4. BONDS ...... ........ .......... ................ ............... ......... ........... .......... ............. ..... ........ ..... ........ ...... ... .................... ....... 2
5. RIGHT TO ACCEPT OR REJECT TENDERS..................................................................................................2
6. UNACCEPTABLE TENDERS ........................................................................................................................... 2
7. ABILITY AND EXPERIENCE OF TENDERER............................................................................................... 2
8. PROVINCIAL SALES TAX..............................................................................................................................2
9. GOODS AND SERVICES TAX (GST).......................................................................................................... 3
10. EXECUTE CONTRACT DOCUMENTS...........................................................................................................3
11. COMMENCEMENT OF WORK....................................................................................................................... 3
12. LOCATION.. ... ...... .......... ........................ .......... ..... ....... ..... ...... ............... ... ...... ............. ..... ...... ........... ............. ... 3
13. TENDERERS TO INVESTIGATE.....................................................................................................................4
14. INQUIRlES DURING TENDERING ................................................................................................................. 4
15. AWARD OF THE CONTRACT.........................................................................................................................4
16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.................. 4
17. ADDENDA.......................................................................................................................................................... 4
18. UTILITIES..... ....... ..... ..... ..... .... .......... ........... .... ...... ............. ........ ............. ...... ......................... .... ....... ........ ...... ... 5
19. TENDER OPENING MEETING ........................................................................................................................5
20. PROVISIONAL ITEMS. ..... ............. .............. ........ ............ .......... ........ ............... ...... .......... .................. ........... 5
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-40
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2007-40" will be received until:
2:00:00 P.M., LOCAL TIME, WEDNESDAY, AUGUST 29, 2007
and shall be addressed to:
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. L I C 3A6
2.
BLANK FORM OF TENDER
One copy ofthe 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.
Tetal Tender Amount
Minimum Deposit
Reqnired
$ 20,000.00 or less
20,000.0 I to 50,000.00
50,000.0 I to 100,000.00
100,000.01 to 250,000.00
250,000.01 to 500,000.00
500,000.01 to 1,000,000.00
1,000,000.oI to 2,000,000.00
2,000,000.0 I and over
$1,000.00
2,000.00
5,000.00
10,000.00
25,000.00
50,000.00
100,000.00
200,000.00
All deposits will be returned within ten days after the Tenders have been opened except those
which the Authority elects to retain until the successful tenderer has executed the Contract
Documents.
The retained tender deposits will be returned when the successful Tenderer has fully complied
with the conditions outlined in the Contract Documents.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-40
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material Payment
Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his
faithful performance of this Contract and his fulfillment of all obligations in respect of
maintenance and payment for labour and materials used on this work.
Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
5. RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender should it be
deemed to be in its best interest to do so.
Tenders which are incomplete, conditional or obscure, or which contain additions not called for,
erasures, alterations, or irregularities of any kind, may be rejected as informal.
Tenders will not be accepted unless submitted in the envelopes provided.
6. UNACCEPTABLE TENDERS
Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be considered to be
unbalanced, then it will be rejected by the Authority.
7. ABILITY AND EXPERIENCE OF TENDERER
The Authority reserves the right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete the work in the specified
time, is not furnished by the Tenderer.
8. PROVINCIAL SALES TAX
Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
2.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-40
3.
9. GOODS AND SERVICES TAX (GSn
The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services
Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in
addition to the amount certified for payment and will therefore not affect the Contract unit prices.
10. EXECUTE CONTRACT DOCUMENTS
Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent of the successful Tenderer.
The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within 10 calendar days of receipt of notification of Acceptance of Tender.
Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract to
one of the other Tenderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site within 7 calendar days of the official
commencement date as specified in the written order issued in accordance with GC7.0 1.02 of the
General Conditions.
12. LOCATION
Bowmanville
Section A - Quinn Drive, Waverly Road to Lawrence Crescent
Section B - Cole Avenue, Lawrence Crescent to Cole Court and Cole Court
Section C - Division Street, King Street to Church Street
Section D - Meadowview Boulevard, High Street to Shoreview Drive
Newcastle
Section E- Munroe Street, Manvers Road to Mill Street
Section F - Toronto Street, Amos Street to 150 M South ofCN Tracks
Section G - Toronto Street, 150 m South ofCN Tracks to 565 m South ofCN Tracks
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-40
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 the Contract Administrator, TSH, Telephone: 905-372-2121, attention: Troy
MacArthur,C.E.T. or Ron Albright, P.Eng.
15. AWARD OF THE CONTRACT
The award of this Contract is subject to the approval of the Municipality ofClarington.
16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT
ADMINISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be
interpreted as meaning the "Corporation of the Municipality of Clarington".
Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington".
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.
4.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-40
18. UTILITIES
For additional information regarding existing utilities the Contractor may contact the following
personnel:
Veridian Hydro:
Mr. Peter Petriw, P.Eng.
Tel: (888)-445-2881
Bell Canada:
Ms. Kimberly MacLellan
Tel: (905) 433-3061
Enbridge/Consnmers Gas:
Mr. Chris Sorichetti
Tel: 416-758-7936
Cable TV
Ms. Cindy Ward
Tel: 905-436-4138
Hydro One
Mr. Jim Hisson
Tel: (905) 623-1071
19. TENDER OPENING MEETING
The tender opening meeting is scheduled to take place at 2:15:00 P.M. after the closing time and
date in Meeting Room No. I, Main Floor, 40 Temperance Street, Bowmanville, Ontario and
interested bidders are invited to attend.
20. PROVISIONAL ITEMS
After the Tender Closing the Items or Sections in the Itemized Bid noted as being "Provisional"
may have quantities modified or may be deleted from the Contract at the sole discretion of the
Owner without negotiating with the bidders regardless of the percentage of the Tender the
individual or combined "Provisional Items" represent. No consideration for loss of overhead
costs will be considered should these Items be deleted from the Contract.
5.
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2007-40
P:\12-19656--02\SpecsU2345_SPG .doc
SPECIAL PROVISIONS - GENERAL
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2007-40
CLAUSE
SUBJECT
PAGE
I. GUARANTEED MAINTENANCE................................................................................................... I
2. CONTRACT TIME AND LIQUIDATED DAMAGES ....................................................................1
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ...............................................................2
4. OPS GENERAL CONDITIONS ................................................ ..... ........ ....... ............................... .....2
5. LAYOUT BY CONTRACTOR......................................................................................................... 2
6. RESTRICTIONS ON OPEN BURNING...........................................................................................2
7. PAYMENTS ......................................................................................................................................2
8 UTILITIES ......... ......... ........... .......... ....... ............... ................. ......... ... ........... .... ...... .......................... 3
9. DUST CONTROL..............................................................................................................................3
10. TRAFFIC CONTROL, FLAGGING .................................................................................................4
II. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ............................................................4
12. MAINTENANCE OF TRAFFIC .......................................................................................................5
13. EMERGENCY AND MAINTENANCE MEASURES .....................................................................5
14. ENGINEERING FIELD OFFICE ....................................................................................................5
15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL......................................................5
16. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES .........6
17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) .....................7
18. SPILLS REPORTING..... ...... ........ ..... ........... .... ......... ................ ......... .... ........... ......... .......... ..... ........7
19. PROTECTION OF WATER QUALITY ...........................................................................................8
20. TRAFFIC AND STREET SIGNS ......................................................................................................8
21. GARBAGE COLLECTION...............................................................................................................8
22. ASPHALT MIX DESIGNS ..............................---..............................................................................8
23. TEST SAMPLES .. .......... .......... .... ....... ..... ..... .................. ...... ........ ....... ...... ......... .......... .... ...............9
24. ENTRY ONTO PRIVATE PROPERTY ........................................................................................... 9
25. STORAGE AREAS... ...... .............. ...... ........ ............ ......... ..... ......... ....... ...... ........ ....... .... ........... ........9
26. GENERAL LIABILITY INSURANCE ...........................................................................................10
27. CONSTRUCTION LIEN ACT .......................................................................................................10
28. PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S.
PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX............................................. 10
29. VARIATION IN TENDER QUANTITIES .....................................................................................12
30. PROPERTY OWNER'S RELEASE OF PRIV A TEL Y OWNED LAND USED BY THE
CONTRACTOR...............................................................................................................................13
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
1. GUARANTEED MAINTENANCE
Section GC7 .15 .02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be final as to the necessity for
repairs or for any work to be done under this Section.
2. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this Contract.
For purposes of this Contract, GCI.04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defined in Clause
GCl.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GCl.06 of the
General Conditions on or before December 1,2007.
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) Liqnidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract
is not completed by the date specified, or as extended in accordance with Section GC3.07 of
the General Conditions, a loss or damage will be sustained by the Authority. Since it is and
will be impracticable and extremely difficult to ascertain and determine the actual loss or
damage which the Authority will suffer in the event of and by reason of such delay, the parties
hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
2.
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DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in
achieving completion of the work beyond the date prescribed. It is agreed that this amount is
an estimate of the actual loss or damage to the Authority which will accrue during the period in
excess of the prescribed date for completion.
The Authority may deduct any amount under this paragraph from any moneys that may be due
or payable to the Contractor on any account whatsoever. The liquidated damages payable under
this paragraph are in addition to and without prejudice to any other remedy, action or other
alternative that may be available to the Authority.
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the General Conditions.
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Authorized representative as referenced in GC7.01.09 is defined as an employee of the Contractor.
4. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
5. LAYOUT BY CONTRACTOR
Prior to the commencement of any construction layout, the Contractor shall verify the accuracy of
all temporary and permanent benchmarks and primary alignment control shown on the Contract
Drawings. The Contractor shall also perform random checks on all survey control points and
existing centreline road profiles. The Contractor shall provide a Sununary Report of all
aforementioned checks made to the Contract Administrator prior to the conunencement of
construction layout. Any discrepancies between the Contract Drawings and field checks shall be
reported inunediately to the Contract Administrator.
Costs associated with field verification work undertaken by the Contractor shall be included in the
Contractor's tender bid
6. RESTRICTIONS ON OPEN BURNING
Open fires will not be permitted within the limits of this Contract. Brush and debris may as an
alternative to burning, be disposed of outside the Contract Limits and in compliance with the
requirements specified elsewhere for Management and Disposal of Excess Material.
7. PAYMENTS
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
3.
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Notwithstanding the provisions of the General Conditions respecting certification and payment, the
Authority may withhold 2-1/2 percent of the total value of work performed beyond the expiration of
46 days from the date of publication of the Certificate of Substantial Performance, to enable the
Contract Administrator to produce the final detailed statement of the value of all work done and
material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%,
the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise
the Certificate of Substantial Performance per GC8.02.03.04(03).
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The Completion Payment Certificate to include statutory holdback release, will be issued within
120 days after the date for completion as specified under GCl.06. The date for interest due to late
payment shall commence following 180 days after the date of completion of the work.
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As a condition of the final holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
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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.
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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.
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8.
UTILITIES
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Sections GC2.0l and GC7.12 02) of the General Conditions are deleted in their entirety and are
replaced by the following:
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The Contractor shall be responsible for the protection of all utilities at the job site during the time
of construction.
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The Authority will be responsible for the relocation of utilities where required. However, no claims
will be considered which are based on delays or inconvenience resulting from the relocation not
being completed before the start of this Contract.
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The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact the
appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage.
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9.
DUST CONTROL
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As a part of the work required under Section GC7.06 of the General Conditions, the Contractor
shall take such steps as may be required to prevent dust nuisance resulting from his operations
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
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.
10. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in
OTM Book 7 (Ontario Traffic Manual).
Each flagman shall, while controlling traffic, wear the following:
(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat.
11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the
supply, erection, maintenance and subsequent removal of all temporary traffic controls, including
signs, lights, barricades, delineators, cones, etc., required on the work.
Traffic controls shall be provided in general accordance with the latest edition of the "OTM
Book 7". As a minimum requirement and without restricting the Contract Administrator or the
Authority in requiring further controls, the following signs shall be supplied:
Sign Number Sign Message Number Required*
TC-I CONSTRUCTION AHEAD 6
TC-4IA CONSTRUCTION ZONE BEGINS 6
TC-4lB CONSTRUCTION ZONE ENDS 6
* or as required to address active sites.
4.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
s.
Traffic controls shall be operational before work affecting traffic begins.
12. MAINTENANCE OF TRAFFIC
The Contractor will be required to maintain traffic in both directions on the street to be resurfaced.
The Contractor may wish to temporarily close one lane of traffic to facilitate construction of the
improvements.
13.
EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract Administrator
in case emergency or maintenance measures are required regardless whether the emergency or
requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause
whatsoever.
Should the Contractor be unable to carry out immediate remedial measures required, the Authority
will carry out the necessary repairs, the costs for which shall be charged to the Contractor.
14. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
IS. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The 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.
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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.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
6.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 180-1,
OPSF 180-2, OPSF 180-3, OPSF 180-4 and OPSF 180-5 for use where appropriate with respect to
disposal of excess material.
16. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES
In accordance with the requirements of Section 18a( I) of the Occupational Health and Safety Act,
the Authority has determined that the designated substances as listed hereunder are present on the
site and within the limits of this Contract.
Designated Identified on this Site Location
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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
7.
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In the event that the Ministry of the Environment has concerns with any proposed disposal location,
further notification shall be provided until the Ministry ofthe Environment's concerns have been
addressed.
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All costs associated with the removal and disposition of Designated Substances herein identified,
shall be deemed to be included in the appropriate tender items.
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Should a Designated Substance not herein identified be encountered in the work, then management
of such substance shall be treated as Extra Work.
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The requirements of Section GC4.03 of the General Conditions of the Contract shall apply.
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17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
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Reporting
Section GC4.03.06 is deleted and replaced with the following:
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Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a
list of those products controlled under WHMIS which he expects to use on this Contract. Related
Material Safety Data Sheets shall accompany the submission. All containers used in the application
of products controlled under WHMIS shall be labeled.
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The Contractor shall notify the Contract Administrator of changes to the list in writing and provide
the relevant Material Safety Data Sheets.
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18. SPILLS REPORTING
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Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or
discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or
are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such
spills or discharges and their adverse effects shall be as defined in the Environmental Protection
Act R.S.O. 1980.
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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.
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This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills
or discharges.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
8.
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19. PROTECTION OF WATER QUALITY
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At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
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No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from
the watercourse. Where this measure is not sufficient or feasible to control sediment entering the
watercourses, sedimentation traps or geotextile coverage will be required.
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If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
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No machinery shall enter the creek bed of any watercourse. Movement of construction equipment
in the vicinity of any creeks shall be limited to the minimum required for construction.
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The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
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20. TRAFFIC AND STREET SIGNS
The Contractor will be responsible for the removal and salvage of existing traffic and street signs,
and their delivery to the Authority's Works Department Yard, for re-erection by the Authority
following completion of the work.
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Scheduling for sign removal shall be as approved in advance by the Contract Administrator.
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Regulatory signs such as "Stop" and "Yield" must be maintained throughout.
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21. GARBAGE COLLECTION
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The Contractor will be responsible for ensuring that garbage collection, including recyclables, is
maintained and when necessary, the Contractor shall make arrangements directly with the
collecting agency, to permit and coordinate pick-up. Garbage pick-up is handled by Canadian
Waste Services, at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at
1-800-461-1582.
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The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt
required for the work, or for having the necessary mix designs prepared by a certified laboratory.
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22. ASPHALT MIX DESIGNS
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
9.
The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract
Administrator for his approval and no work shall commence until the design mixes are approved.
All costs associated with the provision of approved mix designs shall be borne by the Contractor.
Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix
required by this Contract.
23. TEST SAMPLES
The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders
and asphalt samples to a designated testing laboratory.
For this contract the designated testing laboratory is Soil Eng., Bowmanville.
The Contractor will be responsible for providing samples for Quality Assurance (QA) at random
locations throughout the site as required by OPS 310 or as directed by the Contract Administrator.
At each location the Contractor shall take:
1. A sample for QA.
2. A referee sample to be kept and stored by the Contract Administrator.
3. A QC sample to be retained and tested by the Contractor.
OPS 310 is amended in that compaction testing for this project will be undertaken with a nuclear
testing device. Core sampling will only be undertaken if there is a need to confirm nuclear testing
results outside of specifications.
A pre-pave site meeting will be conducted to review testing procedures with the Contractor, the
paving Sub-Contractor, the Contract Administrator and the Geotechnical Sub-Consultant for the
project.
24. ENTRY ONTO PRIVATE PROPERTY
The Contractor shall not enter private property or property which is to be acquired to construct the
works without the prior consent of the Contract Administrator. This requirement will be strictly
enforced.
25. STORAGE AREAS
Clause GC3.06.01 ofthe General Conditions of Contract is amended by the addition of the
following:
The use of the road right-of-way as a long term storage area is not allowed under this Contract. The
storage of materials and movement of equipment will only be allowed for normally accepted
construction practices_
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
10.
26. GENERAL LIABILITY INSURANCE
Parties to the Contract beyond the Contractor, the Owner and the Contract Administrator must be
added as additional insureds (See Clause GC6.03.02.01).
27. CONSTRUCTION LIEN ACT
The Contractor shall give the Authority notice in writing, immediately, of all lien claims or
potential lien claims coming to the knowledge of the Contractor or his agents.
When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien,
the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal
fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal
to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be
in addition to any other remedy available to the Authority under the Contract Documents.
Where any lien claimant asks from the Authority the production for inspection of the Contract
Documents or the state of the accounts between the Authority and the Contractor, the Contractor
shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made
as compensation for the preparation of such accounting or for the preparation of the Contract, or
both, as the case may be, and the Contractor acknowledges that such administrative fee shall be
properly deductible, if the Authority should so choose, from monies otherwise payable to the
Contractor under the terms of the Contract Documents.
Where an application is brought to a judge of a competent jurisdiction to compel production of any
particular document to a lien claimant, the Contractor further agrees to indemnify the Authority
from reasonable legal fees incurred in appearing on such an application and in addition agrees to
pay to the Authority its reasonable costs incurred in producing such documents to the extent that
the same is made necessary under the disposition of the matter by such judge, and the Contractor
further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be
properly deductible from monies otherwise payable to the Contractor under the terms of the
Contract Documents.
28. PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF
TRANSPORTATION'S PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX
The Owner will adjust the payment to the Contractor based on changes to the Ministry of
Transportation's (MTO) performance graded asphalt cement price index unless the Contractor opts
out by notifying the Municipality in writing within 5 business days of receiving permission to start
work. Once the Contractor has opted out of payment adjustments based on the index, the
Contractor will not be permitted to opt back in. The price index will be published monthly by the
MTO. The MTO price index will be used to calculate the amount of the payment adjustment per
tonne of new asphalt cement accepted into the Work.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
11.
The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area, of
asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate
the payment adjustment for all grades.
A payment adjustment per tonne of new asphalt cement will be established for each month in
which paving occurs when the price index for the month differs by more than 10% from the price
index for the month in which tenders were opened for the Contract. When the price index
differential is less than 10%, there will be no payment adjustment established for that month.
Payment adjustments due to changes in the price index are independent of any other payment
adjustments made to the hot mix tender items.
The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix
accepted into the Work during the month for which it is established. However, a payment
adjustment will not apply to paving work done after the approved time for completion of the
Contract has expired, including the expiration of any extensions of time that have been granted.
The payment adjustment for the month will be calculated from the following formulae:
I. When Ip is greater than 1.10 ITa, the payment adjustment per tonne of asphalt cement is (Ip-
1.10 ITa) and the Contractor receives additional compensation of:
P A = (Ip - 1.1 0 ITa) x quantity of new asphalt cement in tonnes
2. When Ip is less than 0.90 ITa, the payment adjustment per tonne of asphalt cement is (0.90
ITa - Ip) and the Owner receives a rebate of:
PA = (0.90 ITa - Ip) x quantity of new asphalt cement in tonnes
Where:
P A = payment adjustment for new asphalt cement, in dollars
ITa = performance graded asphalt cement price index for the month in which tenders were
opened for the Contract
Ip = performance graded asphalt cement price index for the month in which paving occurs
The quantity of new asphalt cement includes all grades of asphalt cement supplied by the
Contractor with and without polymer modifiers. For each month in which a payment adjustment
has been established, the quantity will be calculated using the hot mix quantity accepted into the
Work and its corresponding asphalt cement content as required by the job mix formula except for
mixes which contain reclaimed asphalt pavement.
For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be
determined from the difference between the asphalt cement content required by the job mix
formula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the
hot mix, as calculated by the Contract Administrator.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
12.
For mix containing a liquid anti-stripping additive, the quantity of anti-stripping additive will be
deducted from the quantity of new asphalt cement. No other deductions will be made for any other
additives.
For progress payment purposes, payment adjustments will be made on the monthly progress
payment certificates for the months in which hot mix paving occurs.
29. 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".
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-40
13.
30. PROPERTY OWNER'S RELEASE OF PRIV A TEL Y OWNED LAND USED BY THE
CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of
a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works stipulated
in the Contract:
Date .......................
To: Mr. A. S. Cannella, CE.T.
Director of Engineering Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario. LlC 3A6
Re: Contract No. CLZ007-40
Dear Sir:
I hereby certify that
(Name of Contractor)
have fulfilled the tenns of our agreement and have left my property in a satisfactory condition.
I have accepted their final payment and release
(Name of Contractor)
and the Municipality of CIarington from further obligations.
Yours very truly,
Signature
Property Owner's Name.......... .................Lol......Concesslon..........
Municipality of ........................................
(Please complete above in printing)
Final payment will not be released to the Contractor until all the applicable forms of release have
been signed by the property owners and received by the Authority.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-40
SPECIAL PROVISIONS - TENDER ITEMS
P:\12-29656-02\Specs\22346 SP- n.doc
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
ORDER OF PRECEDENCE
Where a Specification or Standard exists in the Mwticipality of Clarington "Design Guidelines and
Standard Drawings" for any element of the works, the Mwticipality of Clarington Specification or
Standard shall take precedent over the contract "Special Provisions - Tender Items" or the "Ontario
Provincial Standards".
For Sections A, B, C and D, the work generally involves the grinding of existing asphalt between 10 mm
and 40 mm as required to allow the placement of 40 mm ofH.L.-3. Spot base repair, sidewalk and curb
replacement as necessary to eliminate any hazards or poor drainage.
For Sections E and F, the work typically involves the pulverization of the existing bituminary base and
the addition of recommended granular material and finally Hot Mix. Section G will he similar to
operations outlined above with the exception of the pulverizing.
The intended rehabilitation works, in general, include:
Section A - Quinn Drive
Pavement Width - 7.9 m
. HL-3 - 40 mm depth, including tack and padding
. H.L.-3 - 50 mm depth, driveways (Provisional)
. H.L.-S - 50 mm depth base repair
. Granular' A' - 50 mm depth base repair
. Full depth base and subbase replacement, 150 mm Granular 'A', 300 mm Granular 'B', Type I,
(Provisional)
. Full depth crack repair
. Partial depth asphalt removal (10 - 40 mm)
. Removal and replacement of sidewalk
. Removal and replacement of curb and gutter
. Adjustment of structures and valve boxes
. Topsoil and sodding with imported topsoil, as required
Section B - Cole Avenue and Cole Court
Pavement Width - 6.5 m, 7.9 m
. H.L.-3 -40 mm depth (cul-de-sac) and including tack and padding
. HL-3 - 50 mm depth, driveways (Provisional)
. H.L.-S - 50 rum depth base repair
. Granular' A' - 50 mm depth base repair
SPECIAL PROVISIONS - TENDER ITEMS . 2.
CONTRACT NO. CL2007-40
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. Full depth base and subbase replacement, 150 mm Granular 'A', 300 mm Granular 'B', Type I
(Provisional)
. Partial depth asphalt removal (10 - 40 mm)
. Full depth crack repair
. Removal and replacement of sidewalk
. Removal and replacement of curb and gutter at various locations including nine entrances
. Adjustment of structures, replace catchbasin grates in existing frames
. Topsoil and sodding with imported topsoil, as required
Section C - Division Street
Pavement Width - 11.6 m
. H.L.-3 - 40 mm depth, including tack coat and padding
. H.L.-3 - 40 mm depth, driveways (Provisional)
. H.L.-8 - 50 mm depth, driveways (Provisional)
. H.L.-8 - 50 mm base asphalt repair as required (Provisional)
. Granular' A' - 50 mm depth base repair (Provisional)
. Full depth base and subbase replacement, 150 mm Granular 'A', 300 mm Granular 'B', Type I
(Provisional)
. Full depth crack repair
. Removal and replacement of sidewalk
. Removal and replacement of curb and gutter
. Adjustment of structures and valve boxes
. Cold milling 40 mm depth
. Topsoil and sodding with imported topsoil, as required
Section D - Meadowview Boulevard
Pavement Width - 7.9 m
. H.L.-3 - 40 mm depth, including tack coat and padding
. H.L.-3 - 50 mm depth, driveways (provisional)
. H.L.-8 - 50 mm base asphalt repair, as required
. Granular' A', 50 mm depth base repair
. Full depth base and subbase replacement, 150 mm Granular 'A', 300 mm Granular 'B', Type I
(Provisional)
. Full depth crack repair
. Removal and replacement of sidewalk
. Removal and replacement of curb and gutter
. Adjustment of structures and valve boxes
. Cold milling 40 mm depth
. Topsoil and sodding with imported topsoil, as required
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SPECIAL PROVISIONS - TENDER ITEMS 3.
CONTRACT NO. CL2007-40
Section E - Munroe Street
Pavement Width - Average = 7.0 m
. H.L.-3 - 60 mm depth
. H.L.-3 - 50 mm depth, driveways (Provisional)
. Full depth base and subbase replacement, 150 mm Granular 'A', 300 mm Granular 'B', Type L
(Provisional)
. Pulverize existing bituminous pavement and underlying granular
. Granular' A' - 50 mm depth for fine grading
. Topsoil and sodding with imported topsoil, as required
. Ditching, gradall and triaxle dump truck
. Asphalt gutter ~ 500 mm width
. Remove and replace entrance culvert (Provisional)
Section F - Toronto Street, Amos Street to 150 m Soutll of CNR
Pavement Width - 6.7 m, with 0.5 m Shoulders
. Clearing and grubbing
. Excavation
. H.L. - 3 - 40 mm depth surface course
. H.L.-3 - 40 mm depth, driveways (Provisional)
. H.L.-8 - 50 mm depth driveways (Provisional)
. H.L.-8 - 50 mm depth base course
. In-place full depth reclamation of bituminous pavement and underlying granular
. Granular' A' hase, 150 mm depth
. Granular 'A' shouldering
. Ditching, gradall aod triaxle dump truck
. Silt fence sediment control
. Topsoil, sodding and seeding with imported topsoil
. Steel beam guiderail
. Extruder end treatments
. Entrance end treatments
Section G - Toronto Street, from 150 m South of CN Tracks to 565 m South of CN Tracks
Pavement Width 6.7 m, with 0.5 m Shoulders
. Clearing as required to complete ditching
. Fine grade
. CJravel surface
. H.L.-3 - 40 mm depth surface course
. H.L.-8 - 50 mm depth base course
. Reshape road surface with Granular' A', as required
. Granular 'A' shouldering
. Ditching, gradall and triaxle dump truck
. Silt fence sediment control
. Topsoil and seed with imported topsoil and/or excavated material from ditching operations
~-
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
4.
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HOT MIX, H.L.-3 - ITEMS NO. AI, BI, CI (a), Dl, EI, F3 AND G2
HOT MIX, H.L.-3 - DRIVEWAYS - ITEMS NO. A2, B2, Cl (b), D2, E2 AND F4 (a)
HOT MIX H.L.-8 - DRIVEWAYS - ITEMS NO. CI (c) AND F4 (b)
HOT MIX, H.L.-8 - ITEMS NO. AJ, B3, C2, D3, F5 AND G3
The Contractor shall supply all materials required for the proper execution of the paving work in
accordance with Municipality of Clarington specifications, OPSS 310 as amended, and at the depths as
specified in the Itemized Bid. Asphalt cement supplied shall be performance grade 58-28.
The unit price bid shall also include for tack coat where paving over top of asphalt, saw cutting of
driveways, removal of asphalt driveways and grinding at fit points not specifically covered offby other
Items.
Base repairs will be done at locations as directed by the Contract Administrator and will include saw
cutting a clean edge around areas of repairs, removal of asphalt, tack coating of edges and placement of
H.L.-8 base asphalt to match existing or 50 mm minimum thickness. Repairs will typically be done at
locations where, after grinding has been completed, the base is severely deteriorated and/or gravel base
material is visible.
H.L.-8 will also be used for padding.
Note the contractor is responsible for providing test samples as outlined in Clause 23 - Test Samples, of
the Special Provisions - General.
The material for asphalt gutter will also be paid under this Item.
GRANULAR 'A' - ITEMS NO. A4, B4, C3, D4 E3, F7, F8, G4 AND G5
Included under these Items is the supply, placement, and compaction of Granular' A' to 100% of the
Standard Proctor maximum dry density. Granular' A' used in shouldering shall be graded at 6% away
from the edge of pavement.
CLEARING AND GRUBBING - ITEMS NO. Fl AND Gl
Under these Items, the Contractor shall clear and grub all trees, shrubs, brush, etc. as required to complete
the extensive ditching work on Toronto Street. All debris must be disposed of off site.
EXCAVATION - ITEM NO. F2
Payment under this Item shall include the removal and disposal ofthe material over the north Foster
Creek culvert from approximately 5+865 to 5+945 to depths ranging from 0.1 m to 0.4 m to 0.1 m, in
order to increase the platform width over the structure.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
5.
FULL DEPTH BASE AND SUBBASE REPLACEMENT (provisional) - ITEMS NO. AS, B5, C4,
D5, E4 AND F9
Payment shall be made under these Items for the excavation and removal of existing road base and base
material and underlying material to a depth sufficient to allow for the supply, placing and compaction of
150 mm Granular 'A' and 300 mm of Granular 'B', Type I. The unit prices bid shall include for disposal
of excavated material off the site of the works at a location arranged for by the Contractor.
No work will be carried out under these items without the written authorization of the Contract
Administrator.
FULL DEPTH CRACK REPAIR WITH SMALL GRINDER - ITEMS NO. A6, 86, C5 AND D7
Included under this Item, is the full depth grinding of cracks 0.5 m wide with a small grinder and placing
and compacting H.L.-8 in accordance with the specifications for Hot Mix asphalt, including tack coat.
Payment for asphalt shall be included in the crack repair items.
IN-PLACE FULL DEPTH RECLAMATION OF BITUMINOUS PAVEMENT AND
UNDERLYING GRANULAR - ITEMS NO. E5 AND F6
Included under these Items, are the costs associated with grading, compacting, removal and disposal of
excess material in order to meet existing grade elevations where new pavement meets existing pavement.
The cost for stripping, removal and disposal of existing organic material on the existing road
shoulder/platform is to be included in the Items.
There may be a possibility to dispose of grinding material at the Operations Depot at Regional Road 42
(Darlington/Clarke Town Line), south of Highway #2. Contact I.arry Postill of the Operations
Department, Municipality of Clarington at 905-263-2292 for further information.
PARTIAL DEPTH ASPHALT REMOVAL - ITEMS NO. A 7, B7, C9 AND D6
Payment shall also be made under these Items for grinding of asphalt as necessary to allow for the
placement ofH.L.-3, to a maximum depth of4O mm at the face of the curb or gutter. All milled material
shall be disposed of by the Contractor. [See Special Provisions for "Full Depth Asphalt Removal"]
There may be a possibility to dispose of grinding material at the Operations Depot at Regional Road 42
(Darlington/Clarke Town Line), south of Highway #2. Contact Larry Postill of the Operations
Department, Municipality of Clarington at 905-263-2292 for further information.
FULL DEPTH ASPHALT REMOVAL (provisional) - ITEMS NO. A7 (b), B7 (b), C9 (b) AND
D6 (b)
All material to be removed full depth, shall be milled and disposed of off site by the Contractor. Full
depth removal of asphalt shall include all asphalt regardless of the existing depth.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
6.
There may be a possibility to dispose of grinding material at the Operations Depot at Regional Road 42
(Darlington/Clarke Town Line), south of Highway #2. Contact Larry Postill of the Operations
Department, Municipality of Clarington at 905-263-2292 for further information.
CONCRETE IN SIDEWALK - ITEMS NO. A8 (a), B8 (a), C6 AND D8
All sidewalks shall meet the Municipality of Clarington Specifications.
The unit price bid under these Items shall include for the following:
. Sawcutting, excavation for sidewalk, proof rolling subgrade, minor grading (including fill) as
required to provide positive 2% drainage over the back of curb or to match land at existing sidewalk
locations, and disposal of surplus material off site.
. Supply and placing 30 MPa concrete to specified width or to match existing width of sidewalk and
private walkway.
. Isolation of utilities, poles, manholes and hand holes.
. Adjustment of water service curb stops, water valves, hand wells, gas valves, and any other
appurtenances to be flush with the top of sidewalks, or the sloping beyond the sidewalks.
. Clean up site and removal and disposal of debris.
All sidewalks to be constructed in accordance with Standard Drawing C-307. It is generally intended that
replacement sidewalk be constructed to a width of 1.2 m but this may be reduced or increased depending
on site conditions.
All contraction joints shall be a minimum depth of 25% of total sidewalk depth. Expansion joints shall be
full depth of sidewalk and be placed at a maximum spacing of 30 m or where sidewalk is placed against a
rigid structure.
Curing compound shall be applied with uniform colour and thickness immediately after finishing.
It will be the Contractor's responsibility to preserve any layout markings provided by the Contract
Administrator.
The Contract Administrator shall determine the location of new sidewalk where this is not located to
match existing walk. New sidewalk will be constructed in the same location as existing walk where
sidewalk is to be replaced.
All forms shall be inspected by the Contract Administrator before the concrete is ordered. The Contractor
shall give the Contract Administrator adequate notice (at least 2 hours) that the forms are ready to be
inspected.
Locations for new sidewalk shall be identified by the Contract Administrator within the limits of
rehabilitated road sections.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
7.
BRICK PAVERS IN SIDEWALK - ITEMS NO. A8 (b) AND B8 (b)
RELAY SALVAGED BRICK PAVERS - ITEM NO. C14
Payment shall be made under this Item for the following work:
a) Supply and placing of grey brick pavers in running bond pattern in sidewalk adjacent to trees or
at other locations ad directed by the Contract Administrator. A single soldier course shall be laid
on each side. The unit price bid shall include for the supply and placing of bedding sand.
Granular' A' base shall be paid for under the Granular' A' Item. Base depth may be reduced if
there is conflict with tree roots.
b) Relay bricks salvaged under "Sidewalk Removal" Item, including supply and placing of bedding
sand. Granular' A' base shall be supplied under the Granular' A' Item.
Where bricks are broken or otherwise damaged during removal, these shall be supplied in matching
colour and cut to match existing, at the Contractor's expense.
The unit prices bid for parts (a) and (b) shall include for cutting pavers as required.
CQNCRETE CURB AND GUTTER - ITEMS NO. A9, B9, C7 AND D9
All curb and gutter shall meet the Municipality of Clarington specifications and shall match existing
adjacent curb and gutter.
The unit price bid under these Items shall include for the following:
. Saw cutting of asphalt and curb, excavation, and disposal of surplus material off site.
. Supply and placing 30 MPa concrete to match existing curb and gutter.
ADJUST MAINTENANCE HOLES, CATCHBASINS AND WATER VALVES-
ITEMS NO. AID, All, BID, B11, C8 , DID AND D11
The unit price bid for adjustment of structures shall include for the saw cutting of existing asphalt,
disposal of debris off site, placement of granular base and hot mix asphalt. The unit price bid for this
Item shall also include for the adjustment of water valves as required. This may also include placement
of new upper sleeve and cap (supplied by others). Adjustment shall be such that structures sit flush with
cross-fall of final pavement elevation. Structures will be identified by the ContractAdministrator prior to
commencement ofthe work.
The unit price bid for catchbasin adjustment shall include for replacement of catchbasin grates within
existing frames. Should the frame also require replacement, a price for this will be negotiated with the
Contractor.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
8.
REMOVAL OF SIDEWALK - ITEMS NO. A12, B12, CIO AND D12
REMOVAL OF CURB AND GUTTER-ITEMS NO. A13, B13, Cll AND DI3
Payment shall be made under these Items for the removal of all concrete and asphalt curb (all types) and
sidewalk not covered elsewhere in the Contract. Asphalt and concrete rubble shall be disposed of off the
site of the works at a location (s) arranged for by the Contractor.
The Contractor shall protect all trees, shrubs, hedges, fences, utility markers and poles from damage.
The unit price bid shall include for all saw cutting as required at the limits of removal as well as any
minor excavations required where existing curb is being replaced.
Payment shall also be made under this Item for the removal of patio stones, private concrete walkway and
interlocking brick pavers. As directed by the Contract Administrator, bricks shall be salvaged for reuse.
The Contractor shall note the laying pattern of brick walkways for reinstatement.
STEEL BEAM GUIDE RAIL - ITEMS NO. FIO, Fll AND F12
Under these Items and for the Contract unit prices, the Contractor shall supply all labour, equipment and
materials required to install new guide rail and end treatments over Foster Creek culvert at the following
locations:
North side - Station 5+939
South side - Station 5+954
Under these Items and for the Contract unit prices, the Contractor shall also provide additional grading,
Granular 'A', clearing not identified elsewhere, as necessary to install the guide rail and end treatments.
TOPSOIL (IMPORTED) - ITEMS NO. A14, B14, C12, Dl4, E6, F13, FI5 AND G9
NURSERY SOD (UNSTAKED) - ITEMS NO. A15, B15, C13, Dl5, E7 AND F14
Screened topsoil shall be placed to a minimum depth of 100 mm in disturbed grass areas.
Subsection 570.05.01 ofOPSS 570, August 1990 is amended by the addition of the following:
The topsoil shall be tested to ensure there are no deficiencies with respect to fertility levels. The soil shall
consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm +/- 2 ppm. The
potassium level shall be 235 ppm +/- 30 ppm. The soil shall have a base saturation of calcium of75%,
+/- 10%. The base saturation of sodium shall be a maximum of 0.5%. The pH level shall be between 6.0
and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. Payment
for this testing shall be included in payment under the respective topsoil items.
If the topsoil does not meet all of the fertility elements the soils shall be treated with the required
amendments as recommended by the topsoil analysis report.
Subsections 571.07.05, 571.08.01 and 571.08.02 ofOPSS 571, November 2001 is amended by the
following:
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
9.
Replace "30 consecutive Days" with "120 consecutive Davs". Contractor should note that for the
purpose of calculating consecutive Days, the winter dormant period shall be excluded (see Table No. I,
OPSS 571). Clarington is considered to be in the 'Southern Ontario' area and the winter dormant period
is from November I to April 30, inclusive.
Payment shall be made for 50% of the quantity placed once deficiencies have been corrected from initial
inspection and the remaining 50% shall be paid once all deficiencies have been corrected following final
inspection at the end of the maintenance period.
The Contractor shall be responsible for the full cost of replacing deficient sod as determined by the
Contract Administrator.
450 mm DlA. BIG '0' STORM SEWER - ITEM NO. G6
Under this Item and for the unit price bid, the Contractor shall supply all materials including pipe of the
required type, size and class, including supplying bedding, cover materials and compaction.
The storm sewer for this Item shall be placed at the southern limit of Section G as follows:
1+212 to existing west ditch (5 m)
1+212 - from east ditch to the west ditch (road crossing - 15 m)
1+212 to 1+247 (35 m)
1+247 - from west ditch to the east ditch (road crossing- 15 m)
1+247 to 1+288 (41 m)
DITCH INLET - ITEM NO. G7
Structures shall be installed in accordance with Municipal Standards and OPSD 705.040. Compacted
sand backfill shall be placed around the structures to the dimensions indicated.
All ditch inlets shall be fitted with sumps.
Ditch inlets will be placed as follows:
1+212 West Ditch
1+212 East Ditch
1+247 West Ditch
1+247 East Ditch
1+288 East Ditch
Top of Grate (bottom of slope) = 78.65 S. Inv. & E. Inv. = 77.00
Top of Grate (bottom of slope) = 78.65 N. Inv. & W. Inv. = 77.15
Top of Grate (bottom of slope) = 81.25 E. Inv. = 79.90
Top of Grate (bottom of slope) = 8\.25 N. Inv. & S. Inv. = 79.75
Top of Grate (bottom of slope) = 84.10 S. Inv. = 82.60
SEEDING - ITEMS NO. F16 AND GIO
The unit price bid for this Item shall include for the use of suitable topsoil material excavated during the
ditching operations on the granular side slopes to provide a growing medium for seeding as required to
establish vegetation on the side slopes ofthe rehabilitated road section. Canada No. I seed mix as per
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
10.
Table I of OPSS 572 shall be used for the seeding. Where there is a shortfall of material from ditching
operations, imported topsoil shall be supplied and shall be paid for under the topsoil Item.
RIP RAP ON GEOTEXTILE - ITEM NO. Gll
The work shall be performed in general compliance with the plans, OPSS 511, and as directed by the
Contract Administrator, and shall consist of providing a protective covering of approved rock, on the
ditch and gutter outlets as shown on the Contract Drawings.
The Contractor shall supply all materials for this Item. Rock shall be an imported quarry of field stone
material; the quality of the rock shall be reviewed by the Contract Administrator. Rock subject to marked
deterioration by water or weather will not be accepted. Rock shall fulfill the gradation requirements as
follows:
Gradation Limits for Rock Protection
100%
50%
80%
Smaller than
Larger than
Larger than
300 mm
200 mm
100mm
Placing shall be done in such a manner that the surface of the finished rock protection shall have a
uniform appearance and be without segregation. The rock thickness shall be shown on the drawings.
The Contract price for the rock protection shall constitute full compensation for the supply of the rock, the
supply and placing of a geotextile filter fabric, any excavation or trimming required for the bedding of the
rock, the hauling and placing of the rock, and all items incidental to the completion of the work as shown
on the Drawings and in accordance with the Specifications.
The geotextile for the rock protection shall conform to OPSS 1860 and shall be Class II non-woven type
with a fibre opening size (F.O.S) of 50 ~m and 3 mm thick.
The geotextile shall be free of folds and wrinkles. The geotextile shall be joined so that the material laps
a minimum of 500 mm and shall be pinned together or as directed by the manufacturer's instructions.
Alternatively, the geotextile shall be joined to conform to the seam requirements ofOPSS 1860.
Rip Rap shall be placed at the outlet of the pipe at the south limit of Section G, around ditch inlets as per
OPSD 810.020 and as directed by the Contract Administrator to address erosion concerns.
REMOVE AND REPLACE CATCHBASIN GRATES (provisional) - ITEMS NO. A16 AND B16
Payment shall be made under these Items for the removal and disposal of existing catchbasin grates and
for the supply and placing of new grates in accordance with OPSD 400.010 as directed by the Contract
Administrator.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
11.
DITCmNG-ITEMS NO. E8, FI7 AND G12
The unit price bid shall include for full compensation for all labour, equipment and material necessary to
do the work, including provision of traffic control as per 01M Book 7.
The location of ditching will be identified on site prior to commencing the work. All surplus graded
material shall be disposed of off the site at a location arranged for by the Contractor.
ASPHALT GUTTER - ITEM NO. E9
Under this Item, the Contractor shall be paid for all labour and equipment necessary to place a formed
asphalt gutter. The cost of asphalt for the gutter will be paid for under the Item for Hot Mix H.L.-3.
The unit price bid shall include for shaping Granular' A' to receive gutter asphalt.
SILT FENCING-ITEMS NO. FI8 AND G13
Payment shall be made under these Items for the supply, erection, maintenance and removal of silt
fencing for siltation control on Toronto Street near Foster Creek (north and south end). Fencing shall be
located as directed by the Contract Administrator.
PAVEMENT MARKING - DURABLE - ITEMS NO. CIS, Dl6, FI9 AND GI4
Durable line pavement markings shall be screed applied thermoplastic type. Parking stalls shall be
delineated with 100 mm wide x 2.5 m long white lines with 300 mm returns. Railway "X" shall be in
accordance with Figure 46 of Book II of the Ontario Traffic Manual.
The Contract Administrator shall provide drawings designating the location of the parking stalls and
regulatory line delineation and symbols.
REMOVE AND REPLACE ENTRANCE CULVERT (provisional) - ITEMS NO. EI0 AND F20
600 mm DIA. CROSS CULVERT (2.0 mm GAUGE) - ITEM NO. F21
450 mm DIA. ENTRANCE CULVERT (2.0 mm GAUGE) - ITEM NO. G8
Payment shall be made under this Item for the removal of entrance culverts, disposal of pipe materials off
the site and the supply and placing of 400 mm to 600 mm plain galvanized corrugated culvert pipe.
Restoration of entrances shall be paid for under the respective Items for such work. The unit price bid
shall include for supply and placing of granular backfill, as required.
The cross culvert shall also include for the provision of frost tapers including excavating, disposal of
excess material and granular backfill.
All culverts shall be riveted and have a wall thickness of a minimum of2.0 mm.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-40
12.
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REBUILDING MAINTENANCE HOLES AND CATCHBASINS - ITEM NO. B17
Payment shall be made under this Item for the supply of all materials, labour and equipment to rebuild
maintenance holes and catchbasins.
ASPHALT CEMENT PRICE ADJUSTMENT - ITEM NO. HI
Payment shall be made under this Item for payment adjustment for asphalt cement placed in the Contract
in accordance with Clause No. 28 of the Special Provisions - General.
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2007-40
DESIGN GUIDELINES
SECTION 900
INSPECTION/CONSTRUCTION
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SECl10N 900 INSPECTION, MATERLfLS AND CONSTRUCTION-16
U GENERAL
1.01 These guidelines are to be ased in c:onjunction wida the c:onditioas see out ill die
Subdivision Agn:emmt, in p3I1kuIar SdtcduIe "("--Duties of Owna's p~..... ad
Scbedule WL w-Ilegulalioas bConstruction.
1.02 The Owner's Consulting ~ shall provide full-time inspection and supervision of
all Worts.
1.03 The Coosuhing Enginea- shall lake extensive pm:oastruction photos of surro.ading
lands, and shall provide dated/described copies of such photographs to the Municipa1ity.
1.04 Construction sites are to be mainbioed to prevent UIIDCCessary ponding of water.
1.05 Prior to requestiug the inspections (or re-inspeaions) from the Municipality, the
Consulting Engineer shall verify the proper completion of the Worts, and sutJrnit a
written request.
1.06 All equipment, fI13terials and methods involved in trenCh bacldil~ filling, ~ars,
COncrete and asphalt shall be monilored and Certified as acceplable by the OW1ICI's
Geotecbnical Enginea- (see attached fonn). Unless noted othawise, the leon "oompacted"
shall mean 95% Stancbrd Proctor or higber (native materials) and 98% Standard Proctor or
higher (granular materials). Such certification shall be in a IOnn acceplable 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
GeotechnicaI Enginea- 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 aa:eplable prior to commencing the next stage
of construction.
2.0 STORM SEWERS
2.01 All materials shall be visually inspected by !he Consulting Engineer upon delivery, to
ensure confonnity with specifications and the approved engineering drawings, and to
ensure any damaged/substandard material is marlced and removed from the site
immediately.
2.02 Installation of stOlID sewers shall be continually monitored for adherence to proper
bedding, pipe laying. backfilling and compaction procedures. All stonn sewers,
catchbasins and manholes shall be constructed lrue to line and grade. Street catchbasins
are to be installed in precise aligrunent wi!h curb lines, and no tolerances will be
permitted. Rear yard catchbasins shall be accurately surveyed and verified by !he
Consulting Engineer for correct location prior to the issuance of a Certificate of
Completion The precast tops of manOOles and catchbasins shall be checked for elcess
brickwork prior to roadbuilding.
INSPECTION, MATERIALS AND CONSTRUCTION-37
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2.03 Trench widths sbaII be tqJt at a minimum, while proYilbg proper widths to aIIbIe
mechauical COIIlplICtioG. A1llJ'fo.n"";l1g musl adbeR 10 MiaUtJy of Labour~.
2.04 Manholes are to be bacHi11cd with COlIIplIded saad, extcuIiog miD. 1.0 .. hm the
outside face of the slIucItft. (Catcbbasins min. 30lMun liom the face of the . .......).
2.05 House COIIIleClioos sball cxtaad 1.5 m iulo the IoIs and be plugged willi .,roved
removable plugs. Bedding shall be as per approved slaalbnI ~g. Tees shall lie JIIl'-
manufactured for pipes 4SOmm diameter ad smaller, aJRd (OIl site) if 525mm di~
or larger, ad sbaII be secure and watertight The invat of III tees shall be located above
the springline of fIe sewer main ad shall be a minimum of 600mm fiom the aearest
adjacent tee or joint, unless approved otherwise.
2.06 Concrete pipes into/out of manholes shall be wncrcte cradIcd precisely to the lirst joint.
2.07 All storm sewers, including street and rear yard C3lchbasin leads (and individual service
laterals where dim:tcd), shall be inspected using approved high quality video recording
equipment and prucMures. The inspection shall be canicd out in a manner acceptable to
the Municipality ad all video tapes shall be submitted 10 the Municipality for review and
permanent storage. Video re.inspections may also be requested.
2.08 lnfiltration shall DOt be permitted into the storm sewer system. All leaks shall be
investigated to detennine their source and shall be corrected to the satisfaction of the
Municipality.
2.09 Pipes which have failed in any manner, including cracking (O.3nun design loading cracks
excepted), exposed reinforcing or other defects, shan Ill: removed and replaced to the
satisfaction of the Director. No repairs shall be undenaIc.en without the consent and the
direct supervision oflhe Municipality.
3.0 BACKFILLING, GRADING AND GRANULAR ROAD BASE
3.0 I Backfill containing organic or frozen material, or excessively moist material which
C3JUlot 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 JOOrrun 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
J.02 Backfilling operations shall folww pipe installation as closely as possible and be limited
to 7S metres of open trench maximum.
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INSPECfION, MATERIALS AND CONSTRUCfION-J8
3.03 The GeotecImica1 ~ sbaI1 ct.-......t all tests, including failures and IdcIlS, in
sequeotia1 onIc:r. cootiouousIy duoughoat the project A Cllp)' of all test results sbIII be
kept at the site trailer. in addition to providing daily plotting of all test raults 08lhe plan
and profile chwiDp.
3.04 The CoasuItiog &JgiDccf sbaI1 msun: tba the $Ubgrade is fine graded to the axn:ct
width, and tba the minimum 3% crossfall is coasisteady maiDtained. widJ 00
longitudinal ruts permitted. The Geotcdlllical Eagince. shall employ ......"I"dte Sesting
measun:s 10 assess the suitability of the subgrade, including proof-rolliog. and... make
appropriate RlCOlIIII1CI1da to the CcIanItiDg Euginea- and Muoic:ipa1ity. Whenever
possible. localized soft areas in the sub&nde shall be rcpIaced with suitable native
material, not gr3IIUIar material. When additiooal graouIars must be used, they sIiouId be
coosidcml 00 a ~ by SlR!d basis. Subdrains ~ lbeo be lowered accooIiogly, and
10: I fiost tapa's must be provided
3.05 Subdrains shall be installed ooly after the SIIbgrade has been proof-rolled and the road
structure has been fmalized. Subdrains sball be installed tme to line and gr.Ide, in a
trench condition, and shall be backfilled with 3pproved granular material having
aggregates not exceeding 19nun. All subdrains shall be SI1ppIied with a filter sod.
3.06 The Geoteclmical Engineer shall confirm (in a fonn acceptable to the Municipality) the
acceptability of each stage of roadbuilding prior to subsectuent stages commeociog.
Subseqoeol stages of road construction shall not proceed without approval from
Municipal staff.
3.07 After base curbs are iosta1led, all Granular B must be regraded and verified by Municipal
staff prior to placing Granular A (Any Granular A placed prior to base curbs shall be
considered Granular B).
3.08 Granular material shall be tested in acconlaoce with the btest O.P .$.S. specifications.
Material shall be tested at the pit and also as it arrives on site. Materialnol coofonning to
the specifications shall be rejected and removed from site.
4.0 CONCRETE WORKS
4.01 Concrete to be supplied by MTO approved sources only. All concrete shall be
monitored and all applicable tests (compressive strength, slump, au entrainment, etc.)
shall be canied out by the Geotechnical Engineer as specified in accordance with the
applicable OPSS and ASTM specifications. Any malerial not meeting specifICations
shall be rejected immediately.
4.02 All concrete 10 be placed as per the Municipality's Slandard Drawings. Conlr.lction 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_J9
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smaller mcb bdwec:n COu~~OIl joints in aIIbs will RqUie n:moval _ rqJIacemem
of that sccIion of carb. SidenJb with distiDc:t cracb will_ requiR RpIICa11C1ll
4.03 Curing COIIIpuowd sbaU be poerousJy applied to all CIp<)Sgd ClOIII:R(e surfaces, repd1css
of ambieat t~..urcs or season, bctwcea I _ 2 '-s of fini"',.
4.04 All cwbs to be placed 1ISiag approved curb macbiaes. Excess COlICR:te formed during
curb II13Cbioe placaucat sbaU be promptly trimmed and n:moved prior to sc:ttiag. The
minimum IcugtI1 of cwb to be n:moved and replaced... be 1.5 m. No coocrctc patch
repairs sbalI be permitted.
4.05 Prior to placcmc:ol of lop aub, base aub sball be cleaned and lhcn inspected by
Municipal staff. Base c:arb lIIId stirrups sbaD be repaiRd andfor n:placcd as directed.
4.06 The deplb of top cwb at the edge of pavemenl sbaIl DOl be less than 100mm and shall be
conlinually verified by the Cousuking &gincer.
4.07 Immedialely prior to the placerneal of lop cwb or sidewalk, the existing surface shall be
dampened with wata 10 prnent leaching of moistun: Iium the fu:sh concrete.
4.08 Driveways 10 be as per approved house siting plans, with minimum widths of 4.6m for
single delached homes.
5.0 ASPHALTPAVEMi;NT
5.0 I All asphall pavemenl materials shall be supplied by MTO approved soon:es, in
accordance with OPSS 310, 1003 and IlSO (lalesl revisions thereof).
MarshalVexlraclionldensity lests shall be carried out by the Geotechnical Engineer in
accordance wi!h OPSS and relating to the approved mix design. Note: Provincial and
Municipal projects differ with respecl to contract administration, paving project sizes,
Quality ConlroVQuality Assurance procedures and lesting frequencies. As such, several
OPSS specificalions are nol appropriale for Municipal use and shall not apply, as
delermined in !he sole discretion of !he Direclor.
Since currenllesling methods do not enable ongoing monitoring (and therefore correclive
aClion) of !he asphalt, the onus shall be on the asphalt suppliers and contractors to ensure,
through lheir own Quality Control methods, that their product meets !he basic standards
with no exceptions for 'borderline' lest results permitted. Any reference 10 'borderline'
or to taking 'immediate corrective action' based on notification of laboratory lest results
shall be deleted and the product deemed unacceptable le.OPSS 0310.0804.02 wbich
permits air voids beyond acceptable limits, provided the contractor takes 'immediate
corrective actio,,' shall not apply. Unacceptable wodc shall be immediately removed.
Financial compensation using MTO formulas (to offset service Ii fe reduction in
borderline work) may be considered, at !he sole discretion of !he Director, provided such
amount is calculated by lhe Consulting Engineer, and all parties are in agreement.
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6.0
6.01
6-02
603
INSPECTION, MATERIALS AND CONSTRUCTlON-IO
5.02
Prior to placiog surface asphalt, base asphalt sIJaII be swept clem of aU dirt, ddIris lIIld
dust Areas of base .... sba1I be mncmd and Rpbced as dim:tcd, usiog a 'UticaI
sawcut at aU pe.~ The use of a Geo-Grid or approved equivalent IIlaJ also be
directed by tbc Muaic:ipality. Low areas sIJaII be padded to ensure a surface IIIlIl of
unifonn tbktncss.
5.03
Each IIWIhoIe is to be pm;isdy raised to final gnde, and verified by the Developer's
Consulting Euginecr and MWIicipaJ staff. .
5.04
T acIc coat shall be applied just prior to sur&ce paving opentioos and shall be allowed to
dry until it is in a proper condition of brtiuess. The Ieogth of roadway 1X_.4 stWl be
limited to the iouuediae paving section, to reduce tracking. It shaU be evenly lIppIied at
the rate of 0.4 Iitrcslsq. m taking care DOt to spray curbs, sidewaJks or any oCher adjacent
surfaces.
5.05
Driveway paving stWl be fully inspected and verified fur depths of stone and asphalt, and
the compaclion thereof, and ensuring that asphaJt is at a sufficient tempenture for
placement. Ill.3A (HL3F) will not be permitted. except in special cases with the
approval of /he DiRdor. Cro1VDing or rounding of the limestone will DOt be permitted.
Materials testing may be required tor driveway apron gravel and aspbaIt, as directed.
TOPSOIL, SODDING AND SEEDING
All areas requiring sod shall first be fine graded. inspected by the Consulting Engineer,
then prepared with 100mm of good quality topsoil. Topsoil and soddingsball meet the
requirements of OPSS 570 and 571, in addition to meeting any additionaJ 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:.
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 Ioams and 2% minimum organic matter for sandy Ioams with
acidity range of 60 PH) Topsoil infested by the seeds of noxious weeds will not be
acceptable.
All sod shall meet the requirements of Ontario Sod Growa's Association No. I Bluegrass
Fescue Nursery sod. The sod shall be taken from good loamy soil and shall be healthy,
well penneated with roots, have unifonn 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 prevenl any drying out. Sod shall match flush with all
adjacenl 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
~" "-
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INSPEcr/ON, MATERIALS AND CONSTRUcr/ON-41
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drainage is JPb,I~ aod a smoodt lransilioa is achieved. 00 s~ 3:1 and steeper,
sod sball be stated as RqUiRd.
6.04 Laid sod sbaU be i....-lialely rolled 10 produce III evea swfac:e and WlItaing sbaU
conunence ~ialely Ibcn:after and sbaU coolioue 011 a rcp.. basis _I healthy roots
are well estabIisIIcd and peIIIIaocut If sod fails to estabIUb immediately, it sbaU be
removed and RpIaced. No attaDpl sbaU be made to IIy Co Je..eStab1ish watldead sod
tbrougb cootiouaI wataiog. unless specific I'UJDissioa is panted by die Director. The
entire wort sbaU be done in a tboroughly worbuanlike IIWIler willi an evea surface, and
prof~onaI in ~........ Any sod deemed unfil by the Director sbaU be immediately
removed fiom site and replaced. In Ibis rq;ard, il is in the best inlerest of die c:onlractor
to commlllliate willi ~ls regarding die needs of newly laid sod over die first )'Qr.
6.05 Where approved by die Municipality, hydraulic seeding and mulcbing may be perfonned
provided lbat it coofonos to the Ontario Provincial Slaodard Specification No. 512.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-40
STANDARD DRAWINGS
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STANDARD NO.
OPSD- 400.010
705.040
803.030
803.031
810.010
810.020
912.101
912.102
912.104
912.130
912.531
922.510
C - 302
305
307
309
311
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2007-40
DESCRIPTION
CAST IRON, SQUARE FRAME WITH SQUARE OVERFLOW TYPE DISHED
GRATE FOR CATCHBASINS, HERRING BONE OPENINGS
PRECAST CONCRETE DITCH INLETS
FROST TREATMENT - PIPE CULVERTS FROST PENETRATION LINE
BELOW BEDDING GRADE
FROST TREATMENT - PIPE CULVERTS FROST PENETRATION LINE
BETWEEN TOP OF PIPE AND BEDDING GRADE
RIP-RAP TREATMENT, FOR SEWER AND CULVERT OUTLETS
RIP-RAP TREATMENT, FOR DITCH INLETS
GUIDE RAIL SYSTEM, STEEL BEAM RAIL COMPONENT
GUIDE RAIL SYSTEM, STEEL BEAM CHANNEL COMPONENT
GUIDE RAIL SYSTEM, STEEL BEAM STEEL POST WITH WOODEN OFFSET
BLOCK COMPONENT
GUIDE RAIL SYSTEM, STEEL BEAM STEEL POST WITH WOODEN OFFSET
BLOCK ASSEMBLY INST ALLA TlON - SINGLE RAIL
GUIDE RAIL SYSTEM, STEEL BEAM END TREATMENT INST ALLA TION -
ENTRANCES AND INTERSECTING ROADWAYS
ENERGY ATTENUATOR, END TREATMENT EXTRUDER TERMINAL
SYSTEM ASSEMBLY
STANDARD CURB AND GUTTER
CURB AND GUTTER AT CA TCHBASIN
STANDARD CONCRETE SIDEWALK
DRIVEWAY APPROACH FOR RESIDENTIAL DRIVEWAYS
SURFACE PAVEMENT JOINT TREATMENT
P:\ 12-29656-02\Specs\StandDraw.doc
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NOTES:
1 Post sholl be Type B breakway wood post,
os per OPSD-922.430. Guide rail at this post
shall be held in position with metal,
shelf angle as per OPSD-922.410.
On larger radii with two or more wood posts,
guide rail shall be bolted to the post with a
16mm bolt. Offset blocks are not required.
2 Post located at end of radius shall be
Type A post as per OPSD-922.430 and shall
have a cable attachment.
3 For freestanding installations a 15m length of
guide rail is required on the leaving end beyond
the end of radius.
4 For low speed and stop condition a turned
down end treatment as per OPSD-912.233,
may be used.
A Area behind guide rail shall be 2:1 or flatter
and shall be clear of all hazards.
B Washers shall not be used on face of guide rail.
C All dimensions are in millimetres unless
otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
GUIDE RAil SYSTEM, STEEL BEAM
END TREATMENT
INSTALLATION - ENTRANCES
AND INTERSECTING ROADWAYS
Nov 2001
OPSD
912.531
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BARRIER CURB
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Concrete sholl conform to OPSS specifICations (3OUPa, 7% I1.5% oir).
2 Contraction joints every 3.0m (maximum). Sow-cuts to be 25% of total depth.
J Curing compound is to be sprayed on within one hour- of finishing.
4 Additionol width required where curb is adjocent to sidewalk.
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SerriceB De aMUnent
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STANDARD CURB AND GUTTER
C-302
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..... 0ClS 10 lIE WOE .umc<l. (fUISH)
AT 11.1[ OF POUNNG. lOP CURB 10 BE
H.JCtED ACC:UWO.Y 'MItt &\SE CtAl.
12m
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NOTES
1 For qrole specifocotions see OPSO <<10.010.
2 Staqe I - temporaf)' asphalt filler around catch basin includinq full curb.
3 Staqe II - remove asphalt filler and complete curb in one pour.
All .......lIlIo4.. .... In m.....Al... ...... ottt...tt... ftOt.,.
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Services De artment
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--
CURB AND GUTTER DETAil
AT CATCH BASIN
C..,.305
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INFU
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-... SPN:lNC <IF 30m IlrnO[IN EXl'NCSlON =\
.IOIfI'S Nt) WHEJIE $UW.fU( MJr.i Nf( RtGm
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(SIT N01(S , ..., 2)
trolES
1 Use 100mm comp<lcted granular 'A' if notive malerial js deemed unacceptoble by Ihe Municipolily.
2 Subgrode malerial 10 be well cOffip<lcted. then dampened immediately priar to p<luring sidewalk.
3 Concrete shall conform to OPSS specifications pOMPa. 77. :1:1.57. air).
4 Curing compound to be sprayed on sidewalk within 1 hour of finishing.
5 Expansion joints to be be placed full depth of sidewalk.
6 Contraction joints to be 25% of full depth of sidewalk.
7 Surface of sidewalk 10 hove a broom finish.
All ell............ a.. In ....... __ .-..... _
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Services De artment
STANDARD CONCRETE SIDEWALK
-....
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RESIDENTIAL DRIVEWAYS
C-309
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EXISTING PA~
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EXISTING SURrA(;[ ASPHAlT
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Reference No: 51173-7-2 Borehole No : 1
Enclosurlt No ; 2
Client: Totten Sims I1ubicki Associates
Project: 11.lVernent Study
Location: Toronto Street, Newcastle, ON
Datum Elevation:
Method: Auger
Diameter: IIOmm
Date: March 5. 2007
SUBSURFACE PROFILE SAMPLE
E J I v Standard
c Penetration Test Moisture Remarks
.S! E
Description .. . v = Content
;; -" . -" . .. Blows/300mm
> C. E ;; E Co ;- I
. = 2,11 4lI 611 80 10 , 3,0 , 5,0
"' v >-. '" >-. Z
Q '" Z ....
II Ground Surface I
0
75 mm Granular Fill 1 AS
. 1\
south of fl'oslcr Creek
- I , east side of roud, nc;\(
SANDY SIL T Hydro role 7015
;
Compact. organic stained. trace i
- l'"OotldS. bluish grey. moist
Ii (possible Fill at upper portion) , .
2 SS III 0
!
~,
SIL TY SAND II
Dense silt)' fine sand. ~recnish brown. I
we' IT 3 SS 42 0 .
2- II
~ .....
End of Borehole
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Reference No: 5073-7-2 Borehole No . 2 Enclosu..e No : 3
.
Client: Totten Sims Ilubicki .\ssodates
Project: Puvcmcnt Study Method: Aug4.:r
Location: Toronto Street, Newcastle, ON Diameter: llOmm
Datum Elevation: Date: MUl"Ch 5, 2007
SUBSURFACE PROFILE SAMPLE
E I Standard
" E - Penetration Test Moisture Remarks
~ ~
Description "0 - ~ " Content
= ~ -" ~ -" ~ .. Blows/300mm
- C. E . C .. ;>
~ ~ -. " -. Z Z,O 40 60 80 10,.J.O,50
<;; Q '" '" Z ; ....
.....2- I Ground Surface
0 ,
,
i .~ : i west side of road
1 600 mm Gr...nular Fill ': a: nr Hydro Pole A VZT2P
,~ I AS
,
!>fjj , and SOkm/h sign
~ .~.. ,
Z SS 100+ ( . possible gnlvcI
I-
FILL
- Silt), sand, some gr.l\'el, bmwn, moist
to wd, compact
3 SS 10 0
, .
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Sbeet : 1 of 1
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Reference No: ;073-7-2 Borehole No
3
Enclosure No : 4
Client: ToUen Sims lIubicki Associates
Project: Pavement Study
Location: Toronto Street, Newcastle, ON
Datum Elevation:
Method ; Au~cr
Diameter: 110mm
Date; March S. 2007
SUBSURFACE PROFILE SAMPLE I
E Standard
c Moisture
.~ E -0 " ~ Penetration Test Remarks
Description " . Content
;:; "' .0 .0 .. Blows/JOOmm
, C. E " E $1 >
. . ~ c 20 40 60 80 10 30,50
i;j ~ ~ i
Q "'I z
~ 0 C.-ound Surface 1 I
I north of Foster Creek
450 mm Granulllr Fill . '. r ,\S
west side of road
~ :&.~: . nr 1I)"dro Pole A VZT3l1
FILL
,
-, 2 SS 70 , 0 .
I Silt,- sund, some ~ravel, brown [0 ,
11 grey. moist. very dense .
-11 ,
--'-- J !
'l-Ni !
~ FILL !
,
Clayey silt, trace sand. tmce gravel. !
I roollets. hrown, moist to wet, 3 SS 15 0 I
compact
-1.95 I
r-- 2-
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V.A. Wood Associates Limited
Sheet: 1 ofl
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R'(,r,ne, No , S07J-7-2 Borehole No: 4
Endosare No : 5
I
Client: ToUen Sims lIuhi(ki Associates
Project: Pavement Study
Location: '1'01'0010 Street, :"lewcastle, ON
Datum Elevation:
Method: Auger
Diamdn: llOmm
Date: March 5, 2007
I
I
SlIBSlIRFACE PROFILE SAMPLE
E f Standard
c Penetration Test Moisture Remarks
.S: E ., .
Description '0 .' c Content
;; . E 1 ~.
I .Q . .. Blows/300mm
; fri E ;; ;.
. I ::Ij ,,1 20 40 60 80 10 JO SO
i:;j "I ,., ;. i.
I I(/} ~ z;<-I
~ Ground Surface ~ hisH , I
0 1 AS I
I ~l.IS t SO rom Cr:anuhu- Fill
east side of rolld nc",r
U)'dro Pole PI 10787
i
SANDY S/L T
. Compact, with Ihin seams of c1J.1)'cy
1- silt, greyish brown. moist 0
2 SS 28 .
. I
~ i
End of Borehole
:
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Sheet: 1 of 1
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Reference No: 5073-7-2 Borehole No . 5 Enclosure No : 6
.
Client: Totten Sims lIubicki Associates
Pr-oject : Pavement Stud)' Method: Auger
Location: Toronto Street, :"Jewcasttc, ON Diameter: IIOmm
Datum Elevation: Date: i\brch 5, 2007
SUBSURFACE PROFILE SAMPLE I
- I Standard I
Moisture I
.~ E . . , Penetration Test Remarks
Dcsc ri plion '0 . . I " , Content
;; .c .c .c " I Blowsl300mm
Q. . E I . i
- E ;; Co ;> 30,5,0, !
~ . " I " 20 40 60 80 10
OJ " ~ i.
Q '" Z f-
0 Ground Surface I I
0 I~ IAS I
-0.15 150 mm Granular Fill I
I west side of' road near
H~'dro Pole A VZTSE
FILL
Mixed sand and gravel. compact
-0.75
I
t- eLA YEY SIL T 2 S5 11 0
.
I Stiff, greyish brown, moist to wet I
I I
-1.35 '
End of Borehole
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V.A. Wood Associates Limited
DiskNo:
Shed: I of 1
Ref...nce No: 5073-7-2 Borehole No : 6
Enclosure No : 7
C1icnt: Tottcn Sims lIubicki Associates
Project; Pncment Stud}'
Location: Toronto Stred. Newcastle, ON
Datum Elevation:
Method : :\u~er
Diameter: 110mrn
Date: 1\-Jarch 5. 20117
SIIBSIIRFACE PROFILE SAMPLE I , i
E I Standard i
i . Pendration Test Moisture i Remarks
E Q . I
Description . . , Content I
. .c .c . .c . .. I Blowsl300mm
.. 15. E ... E Co >
. , 20 40 6,0 8,0 1~ ,3,0 5,0, I
~ . " :: " z.
Q en Z f-
~O , Ground Surface I I
-0.15 ! I ISO mm Granular Fill I I I AS
- I cast side of l-oad ncar
- FILL Hydro Pole PI 111789
I\lixed '!'lInd and grlncl. compact I
-0.6 I
-
SILTY CLAY ~ i
Stiff. organic stained. brown, moist
-I
- 1 2 55 26 0 .
CLA YEY SIL T
-1.35 Very stiff. brown, moist
- -
End of Borehole
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R.f..ence No: S07J-7-2 Borehole No
I
I
Client: Totten Sims Ilubicki Associates
Pr-oject: raHment Study
Location: Tt)l"on(o Streel, Newcastle. ON
Datum Elevation:
SUBSURFACE PROFILE
I
E
c E
.g
~ .c
, C.
~ ~
&:i Q
0 i
0
,
-0.175
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-0.6
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Description
GroumJ Surf<tcc
t 75 rom Gnmular Fill
~
FILL
1\Iixed sand and gravel, compact
1-
CLA YEY SIL T
Stirr. trace gravel, brown, "'et
i:nd of Borehole
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B1ows/300mm
20 40 60 80
i
liAS
2 SS II 0
I
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I
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Moisture
Content
10 JO 50
.
Enclosure No : 8
Method: Auger
Diameter: IIOmm
Date: March 5. 2007
Remarks
,
j
i
1 west side of road near
H)'dro Pole.\ VZT7P
Disk No :
Sheet: t of 1
ReferenceNo,S073-7-2 Borehole No: 8
Enclosure No : I)
Client; Totten Sims lIubicki .-\ssoci~tt's
Project: ravement Stud)"
Method: Auger
Location: Toronto Street. ~cwcastle, ON
Diameter: 110mm
Datum Elevation:
Date: ;\'Iarch 5, 2007
SUBSURFACE PROFILE SAMPLE I i I
s I Standard I
c - Penetration Test Moisture I Remarks
~ E .
Description '0 - . , Content
. "" '" '" .. Blowsl300mm
;;. . E .
.. E ;; ~ ;..
. . , ... 20 40 6,0 80 1,0 30 , S~
OJ ... " i
Q </> Z ...
...L 0 Ground Surface I
~ ISO mm (;mnular Fill I I AS , I
.E..j FILL cast side of road near
Mixed salld and Cfnl.\'el, comnaet H~idro Pole 612
I I I
I CLA YEY SIL T I
i
Very stiff, bTUwn. moisl to wet
11- 2 55 I Jj 0 .
~ ,
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Refmnc. No: 5073-7-2 Boreh ole No : 9
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Datum Elevation:
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...2.- 0 I
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Client: Totten Sims lIubicki Associates
Project: Pa"'cmcnt Study
Location: Toronto Street. Newcastle, ON
SUBSURFACE PROFILE
Description
Grountl Surfact'
175 mm Gnmulllr Fill
FILL
i\1hed sand <lud ~n,,:e1. comr1act
eLA YEY SIL T
StitT to vc~' stiff. some fine sand.
organic odour, gre)'ish ~rccn. \t'e!
(Possible Fill)
End of Borehole
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125527
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Blows/JOOmm
20 40 60 80
o
V.A. Wood Associates Limited
j\'loisture
Content
10 3.0,50
.
Endosure No: 10
j\'lethod: ,\u~cr
Diameter: IIOmm
Date: March 5. 2007
Remarks
wcst side of ro,H.I nelll'"
Hydm Pole 560
i
DiskNo:
Sheet: I of I
Relerence No, 507J-7-2 Borehole No : 10
Enclosure No : J 1
Client: Totten Sims lIuhicki Assodatc=s
Project: Pavement Study
Method : Auger
Location: Toronto Strut, Newcastle, ON
Diameter: 110mm
Datum Elevation:
Dde ; M:m;h 5. 2007
SUBSURFACE PROFILE SAMPLE I
0 T ~ I I ~ I Standard
c Penetration Test Moistu.-e Remarks
.s o . '0 Content
.. .c Description - 110
I .c :! E I ~ I- I Blowsl300mm
> C- o
. . ::I ;>-, ~ 20 40 60 80 JO.50
i;i . ... ~
Q en Z f- Z
,
~ 0 i Ground Surface I I
I-lJ.175 175 mm Cranular Fill .. J AS
.
I i east side of l"Oad near
FILL Hydro Pole PI 10793
~ !\Iixcd sand and gravel, moist and rail Cl'"ossin~ si~n
SANDY SIL T
1-
Loose to compact. brown. wet 2 SS 8 J .
.
1-I.J5
End of Borehole
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Sheet: 1 of 1
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Reference No: 5073-7-2 Borehole No . 11 Enclosu.-e No : 12
.
Client: Totten Sims I1uhicki Associates
Project: Pavement Study Method : Au~cr
Location: Toronto Street, Newcastle, ON Diameter: 110mm
Datum Elevalion : Date: Murch 5. 2007
SUBSURFACE PROFILE SAMPLE
S I ~ I I Standard
c ~j ~ Q Penetration Test Moisture Remarks
.g Dcsc ription "0 . ~ Content
d " . ;;; Blows/JOOmm
.. "- S .. ..
Q . ~ ~ 20 40 60 80 1,0,30 50.
OJ ~ ;:; z
'" '" Z f-
--.!!..- Gl"lIuntJ Surface i I
0 ~ IAS
-0,15 150 mOl Granul<tr I;m I
wcsl side of road DCllr
Hydro Pole rl10794
FILL
Mixed Sl:Ind and ~rllvel, moist lInd rAil cros....in~ sij:!:n
-075
~ ,
,
1 CLAYEY SILT !
2 SS 16 0 .
Stiff, brown, moist
-1.35
f-- -
End ur Borehole ,
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Disk No :
V.A. Wood Associates Limited
Sheet: 1 of I
Reference No: 507J-7-2 Borehole No : 12
Enclosure No : 13
Clien' : Totten Sims lIuhicki ..\ssociates
Project: 11a\'cmcnt Study
Location: Toronto Street, Newcastle. ON
Datum Elevation:
Method : ;\u~u
Diamder: IIOmm
DatI' : J\.brch 5. 2007
SUBSURFACE PROFILE SAMPLE I I
2 1 21 ~I I Standal"d
I Moisture
.~ . Penetration Test i Remarks
Description "0 - , Content I
11 .Q 81ows/300mm
~ .Q . ~I . -; I I
, E 'i c- o.
. 20 '0 60 80 110 JO 50
0; ~ ~ ~ z
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, , ,
--2- I Ground Surfacr , : , I ,
0 I I
I 25 mm Asphalt IAS
..:!!2.. 175 mm Granular Fill -~- .;: 1 I
ea.'ll side of rmld Dca r
1 m Hydr-o Pole PllU79S
FILL I
~ 1\'lhcd sand and gr"wel, compact I
II !
I:: ;
1- eLA YEY SIL T II .
Stiff. trace ~and. brown, moist II
2 S5 9 0 .
..:!2. -
End of Borehole
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Shed: 1 of I
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Reference No: 5073-7-2 Borehole No . 13 Enclosure No: 14
.
Client: Totten Sims lIubicki Associates
Project: Pavement Stud}' Method : Au~CI"
Location: Toronlo Street, Newcaslle. ON Diameter: 110mm
Datum Elevation: Date: March 5, 2007
SUBSURFACE PROFILE SAMPLE
i I
e I Standard
c ! " I . Penetration Test Moisture Remarks
.g . e Q
1-= Description " . c Content
. .Q . .Q .i .. Blows/300mm
> e :; e Co ' >
. I~ c ?'I 2,0 40 60 80 10 30 50
OJ .... :: i.
'" z
~ I {;round Surf<lce I
-0.175 0 25 mOl Asphall ~- I AS
150 mm Granular I,'ill '0:'.;:,
I I I i east side of' road near
I I Hydro Pole;\ VZTIlB
~ 25m south of C~ t.-.ark...
FILL
I~ Sand. Inlce gra,,'cl. brown
damp, compact
2 SS 24 0
-1.2 ,
End of Borehole
2-
3- - -
4-
DiskNo:
V.A. Wood Associates Limited
Shed: 1 ofl
Reference No: 51173-7-2 Borehole No
14
Enclosure No: 15
Client: ToUen Sims lIubicki Associates
Project: Pavement Study
Mdhod : Augu
Location: Toronto Street. Newcastle, ON
Diameter: 110mm
Datum Elevation:
Date: March 5. 2007
SUBSURFACE PROFILE SAMPLE
I
E I Standard
c Penetration Test Moisture Remarks
.~ E - 0
Description ~I " . c Content
'i .<: ~ .. BlowslJOOmm
> C- o E 0
E 'i Co ...
0 ~ >> ~ c >> i 20 40 60 80 10 30 50
OJ Q "'I z ,..
~ 0 Ground Surf;ace I I
~ 25 mm Asphalt MJl 1 AS
1\ 100 mm GraRubu' Fill I I I
I east side of road near
Ilydro Pole A vzn:G
I
- FILL I
Silly sand, trace gravel. greyish
brown. moist. dense
1- 2 5S 67 0 .
~
End of Borehole
:
I
2-
I
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J-
4-
Disk No :
V.A. Wood Associates Limited
Sht'ct: 1 of 1
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Reference No : 5073-7-2 Borehole No . 15 Enclosure No: 16
.
Client: ToUtn Sims lIubicki Associates
Project: Pa"'cment Study Method: A U~H
Location: Tonmto Streel. Newcastle, ON Diameter: llOmm
Datum Elevation: Date: Much 5. 21107
SUBSURFACE PROFILE SAMPLE
S I Standard
c Penetration Test Moistun~
.~ il " . Remarks
Description "0 " . c Content
.. .c . .c . .. Blows/JOOmm
> S .. S Co ,.
. c 20 40 60 80 1,0,30,5,0,
W ,. ~ ,. 2:
Q; '" Z f-
...!!..... 0 Crount.l Surface
~ 25 mm Asphalt ~ 1 AS i
150 mm Gr.tnulur Fill 0:'",,:"
, north side (If road near
I-Jydro ("ole wI ~uy wire
- CLAYEY SILT
;
,
- Stiff, some thin seams of clay. brown, i
wet
1- 2 S8 12 Ou .
...:!.2..
End of Borehole
I
. :
2-
.
-
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DiskNo:
V.A. Wood Associates Limited
Sheet: I of I
Reference No: 5073-7-2 Borehole No : 16
Endosare No : 17
Client: ToUn Sims lIubicki Associates
Pr-oject : Pavement Study
Method : Au~er
Location: Toronto Street, Ncwntstle, ON
Diameter: 110mm
Datum Elevation:
Date; March 5. 2007
SUBSURFACE PROFILE SAMPLE
a I ]1 Standard
c Penetration Test Moisture Remarks
-~ E II .
;; Desc.-iption . c Content
'" -;; Blows/300mm
> C. ~ E .
. Q. ;;. I
"' . :l: c " :i 20 40 GO 80 10 30 50
'" Q "'! z f-
t-!- Cmund Surface I ;
0 ,
200 mm Asphalt 1 AS
150 rom Gr..nular Fill south side of road Ilear
I-IUS .',"."
I lIydro Pole
,
,
;
eLA YEY SIL T
Firm to stiff. tnlce sand. brown. wet 2 55 8 b
1- ! .
oJ 2 ,
i---=-
End of Borehole
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Disk No :
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Sheet: I of]
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R.fcr.nc.No:5n73-7-2 Borehole No: 17
Enclosure No: 18
Client: Totten Sims lIubicki Associates
Project: Pavement Stud}'
Location: Toronto Street, Newcastle. ON
Datum Elevation:
Method: Auger
Diameter: 110mm
Date: March 5.2007
SllBSURFACE PROFILE SAMPLE i
E 51 I I I
.1 Standard
c 0 Penetration Test Moisture Remarks
.~ II Description "0 . 1;, I = Content
;; .Q 0 ~I .. Blows/300mm
, ~I ;; 5 ;;.
0 = 20 40 60 80 10 30,50
"' ::; z i.
----L 0 Gmund Surface I I
150 mm Asph:dt I AS I
- J75 mm Granular !-'ill i north side of road near
-0.325
- , I unnumbercdllydrorolc
,
- i
- CLAYEY SILT i
!
Sliff. iron oxide slained, brown. moist i
to wet 2 SS 22 0
J- .
-1.2 ,
-
End of Borehole
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Rofmn<eNo,S07J-7-2 Borehole No
18
Enclosure No: 19
I
Client: Totten Sims lIubicki Associates
Project: Pavement Study
Method: Aug<<=r
I
Location: TOToolo Street. Newcastle, ON
Diameter: J lOmm
Datum Elevation:
Date: Marth S. 2007
I
SUBSURFACE PROFILE
S I
c I
.~ i ~
~ Ig
o I 0
-0.251
Description
"0
.Q
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;;
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SAMPLE
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f-
Standard
Penetration Tcst
810w5/3000101
2,0 4,0 6,0 8,0
Moisture
Content
Remarks
I
10 JO 50
Ground Surface
100 mm Asphalt
ISO miD Granular Fill
I~
1 AS
I
south side of road ncar
.
,
:
eLA YEY SIL T
StilT. brown. wet
2 S5 10 0 - .
End of Borehole i I I
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lIydro Pole with
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Sheet: 1 of 1
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Reference No: 5073-7-2 Borehole No . 19 Enclosure No : 20
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Client: Totten Sims lIubicki Associates
Project: Pa-vemcnt Study Mdhod : Aug:er
Location: Toronto Street, Newc..sUe. ON Diameter: J tOmm
Datum E:lrvation : Date: March .5. 2007
SUBSURFACE PROFILE SAMPLE
5 Standard
c 5 - Penetration Test Moisture Remarks
~ "0 .
Description - . , Content
~ ~ ~ . ~ . ;; Blows/JOOmm
~ "- 5 .. 5 .,. ;;.
. . , 2.0 40 60 8,0 10 30, 5!l ,
i;j ,., ~ ZI;: i
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0 0 Ground Surface I
150 10m Asph;dt , I AS
17.5 mm Granular rill north side of !"Oad near
.0.325
Hydro Pole Pl1lJ799
CLA YEY SILT
Stiff. trace sand. 1)l"Owo, wet 0
1- 2 55 12 .
-1.2 I
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Referenee Nn' 5073-7-2 Borehole No : 20
Enclosure No: 21
Client: Totten Sims lIubicki Associates
Project: Pavement Study
Method : Au~cr
Localion : Toronto Street. Newcastle. ON
Diameter: tlOmm
Datum Elevation:
Date: l\'larch 5. 2007
SUBSURFACE PROFILE SAMPLE I
E ~I Standard
c E Penetration Test Moisture Remarks
.~ "0 . Content
;; ~ Description ~ c
~ ;; BlowslJOOmm
- Q. E .!! E 1t "
~ ~ ~ c ' ~ 2,0 4,0 6,0 8,0 .,0 , 3,0 , 5,0 ,
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150 rum .hphalt Asl
150 mrn Granular l:iII I I south side or road near
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CLA YEY SIL T
;
Stiff, brown, moist to wet
1- 2 SS 13 0 .
-1.2
f---
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Reference No :5073-7-2 Borehole No
21
Enclosure No : 22
Client: Tottcn Sims Ilubicki Associates
Project: I'anmcnt Study
Method : :\u~i'r
Location: Turonlo Sired. Ncwcaslle, ON
Diameter: IlOmm
Datum Elevation:
Date: March 5. 2007
SUBSURFACE PROFILE SAMPLE
E ! Standard
c E . Penetration Test Moistun Remarks
.S - ,
Description '0 - ., c Content
-; -" .c . ~ I . .. Blows/300mm
> c- E' ;; ;;.
. . ~I :: 1 ~ 20 40 60 80 ]0 30.50
t;j ;;. i
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(I Ground Surf.lce I I
'j 150 mID Asphalt "~' I I
300 mm Granular Fill I AS north side uf road ncar
(with n~cydcd asph..lt) ~ I H}'dro Pole 675
-0.45 il:.i.
,
SANDY SILT I
Compaer. some topsoil at the top, iron I
]- oxide stained, moist to wet 2 55 15 0 i .
-1.2 I
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Refmnce N.: 5073-7-2 Borehole No 22
Enclosure NQ : 23
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Client: Totten Sims lIubicki Associates
Project: Pavement Stud}'
Method: Auger
I
location: Toronto Street, Newcastle, ON
Di.ameter : 11 Omm
Datum Elevation:
Date: Much S. Z007
I
SUBSURFACE PROFILE SAMPLE i i
5 Standard
c 5 - Penetration Test Moisture Remarks
.~ "0 .
Description - . , Content
~ ... ... ~ .Q . Oi BlowsJ300mm
~ .. 51 E "" ;;.
. . ~ , ~ 20 40 60 80 10 30 50
:;; Q ';;1:< ;z: f- i
II 0 ! Ground Surface .
i 200 rom .\sphalt (i~.~~
i ISO mm Gr-.mular Fill I AS
I south sKit of road ncar
-0.35 ...
, Hydro Pole 673
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j Firm 10 stitf. iron oxide stained.
brown, moist 2 SS 9 0 .
-1.2 I
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Reference No: 5073-7-2 Borehole No . 23 Enclosure No: 2"*
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Client: Totten Sims lIubicki A$sociates
Project: Pavement Stud)' Method; Auger
Location: Toronto Slrcet. Nc\\"nlslle. ON Oiameter: IIOmm
Datum Elevation: Date: March 5. 20117
SUBSURFACE PROFILE SAMPLE
5 Standard
" 5 " Penetration Test Moisture Remuks
.2 "0 .
Description " . " Content
;; "" . "" . .. Blows/JOOmm
> C. 5 ;; 5 Co :-
. . " >> 20 40 60 80 10 J(} 50
<;'j >> ~ i
Q '" Z ....
~ 0 Gmund Surface
125 mm Asphalt I AS
100 mm Cranular "'ill I north side of road ncar
~ ....
Hydro Pole 672
!
eLA YEY SIL T
Firm to stiff. brown, moist 2 5S 9 0
I- .
...:!2...
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Sheet: I of 1
Ref....nce No: 5073-7-2 Borehole No 24
Enclosure No : 25
Client: Totten Sims lIuhkki Associates
Project: Pavement Stud~'
Method; Auger
Location: Toronto Street, Newcastle. ON
Diameter: llOmm
Datum Elevation:
Date: March 5. 2007
SIIBSIJRFACE PROFILE SAMPLE I I I
I I I I
E I Standard
c Moisture I Remarks
.~ E' . ~ I Penetration Test ,
~I Description '0 . " Conlent I
";; .c . "' -; I BlowsJ300mm
- - , E I ~I 10,30~
Co ' E ";; >
. . ' c 20 -10 60 80
t;i -. ::: i.
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2- 0 Cround Surfact 11
125 mm Asphalt
I7S mOl Cranular Fill I '\S south side of road henr
..:i!2.... I
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CLAYEY SILT I I
Firm to stiff. wilh thin seams of sandy
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.
-1.2
-
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Reference No: 5073-1.2 Borehole No . 25 Enclosure No : 26
.
Client: Torten Sims lIubicki Associates
Project: Pavement Stud~' Method: Auger
Location: Toronto Street, Newcastle. ON Diameter: llOmm
Datum Elevation: Date: March 5, 2007
SUBSURFACE PROFILE SAMPLE I
E I Standard
~ - Penetration Test Moisture Remarks
.g E "
Description "0 - . 0 Content
~ .0 .0 .. Blows/300mm
. I c. ~ E .
> E ~ ;-
. . 0 2,0 4,0 6.0 80 Io. 30 5ll
~ I ~ I " ~ " i "
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i---L 0 Ground Surface
125 10m Asph..U f~ AS1
175 mm Cranular Fill .Q~ I
-OJ north side of road near
I-=- ,
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CLAYEY SILT
I Firm. \\'ilh thin stllms of sandy silt.
I . brown, wet
1- (Pos...ihle Fill at the upper portion) 2 SS 6 P
.
~
End of Borehole
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Sheet: 1 of 1
Reference No ; 5073-7-1 Borehole No . 26 Enclosure No; 27
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Client; Totten Sims Ilubicki Assoth,tc:-;
Project: Pavement Study Method; Auger
Location: Toronto Street. Newcastle, ON Diameter; llOmm
Datum Elevation; Date: March 5, 2007
SUBSURFACE PROFILE SAMPlE
E 51 Standard
" Penetntion Test Moisture Remarks
.g "0 - .
Description - . , Content
. 11 .Q . .Q . .. Blows/300mm
> 5 .. 5 '" 0-
. , 20 40 60 80 10 , 3,0 , 50
<;j ;0. ~ ;0. i
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_2...J 0 Ground Surface
-0.135 35 mm Asphalt I AS
- 100 mOl Granular Fill
\ Iwilb I'ecvcled aSI)haH) south side of road near
- Hydro Pole Pll0S1I7
I FILL
- Sandy silt. hrown, moist, loose
1- 2 SS 7 :J .
...:!2... I
End of Borehole
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ReferenceNo:SII73-7-2 Borehole No: 27
II
II
Client: Totten Sims lIubicki Associates
Projed : Pavement Study
Location: Toronto Street, Newcastle, ON
Datum Elevation:
SUBSURFACE PROFILE
II
II
II
.0.325
II
II
II
II
II
II
II
II
II
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Description
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Ground Surface
25 mm Asphalt
300 mm Granular "'ill
l
FILL
S.mdy silt, tr~ce topsoil, organics,
hrown, moist. compact
End of Borehole
SAMPLE
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Blows/JOOmm
20 40 60 80
AS
2 SS 14 0
V.A. Wood Associates Limited
Moistun
Content
III 311 SO
.
Enclosure No : 28
Method: Augu
Diameter: 11IJmm
Date: :\"Iarch 5. 2007
Remarks
north side of road ncar
Hydro Pole PI 1t1808
~isk No ;
Shed: 1 of t
I
Rderence No: 5073-7-2 Borehole No : 28
Client; Totten Sims Ilubicki Associates
Project: Pavement Study
Location: Toronto Street, Newcastle, ON
Datum Elevation:
Enclosure No : 29
I
Method : Auger
I
Diameter: 110mm
Date: !\tarth S. 2007
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E
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;; ~
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W Q
0 0
-0.125
-1.2
~
SUBSURFACE PROFILE
Description
Ground Surface
25 10m Asphalt
100 mm Granular Fill
with rec"Ycled as )halt
FILL
1
1~
Sandy silt with occasional topsoil.
hrown to greyish bnlwn. moist.
compact
End of Borehole
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BlowslJOOmm
20 40 60 80
Asl
2 SS 10 0-
V.A. Wood Associates Limited
Moisture
Content
10 30 50
.
Remarks
I
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soulh side of roat.! Deal"
Hydro Pole Pl108to
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Ref..-"e. No: 5073-7-2 Borehole No : 29
Enclosure No : 30
Client: Totten Sims lIubicki Associates
Project: Pavement Stud}'
Method : Au~er
Location: Toronto Street, Newcastle, ON
Diameter: ItOmm
Datum Elevation:
Date: March 5. 2007
SUBSURFACE PROFILE SAMPLE I
5 I ~ I ! Standard
c , Penetration Test Moisture Remarks
.: "0 - . ,
Description . , Content
" Igl .Q z .Q . 0; Blows/JOOmm
> 5 ';; 5 Co >-
. , 20 40 60 80 10 30 SO
i;j ;;; ~ ~ i.
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-!!.- I Ground Surfl:lce I , I
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~ 25 mOl Asph..1t I AS
i'.. 100 mm Granular t-iI!
, north side of road near
I
. Hydl'o Pole 110811
I
SANDY SILT I
.., ,
Loose io compact, brown. moist to
we'
1- 2 5S 8 :J .
~
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Sheet: ] of 1
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R./ert".. No: 5073-7-2 Borehole No : 30
Enclosure No: 31
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Client: Totten Sims lIubicki Associates
Project: Pavement Stud}'
Method : Au~er
I
Location: Toronto Slnet. Newcastle, ON
Diameter: ) lOmm
Datum Elevation:
Dale: March 5. 2007
I
SUBSURFACE PROFILE SAMPLE
E Standard
c E " Penetration Test Moistun Remarks
,S .
;; Desc ription '0 " u n Content
~ ,Q .!< ,Q . .. Blows/300mm
.. Co E . E ~ ;:.
. . n '"' 20 40 60 80 10 30 50
i;j '"' :: z
Q V> z '""I
0 emunLl Surface I
0 -I I
-0.175 25 mm Asphalt I AS I
150 mm Cranular Fill ji..;:
] south side of road near-
Hydro Pole 110815
FILL
:\1ixcd sltmJ and gravel. compact ,
I
,
-0.8
i J I ,
eLA YEY SIL T 2 SS 17 0 .
-1.2 I Very stiff. brown. moist
End of Borehole ,
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Sheet: t of 1
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Referen.e No: 51173-7-2 Borehole No : 31
Enclosure No: 32
Client: Totten Sims lIubicki ,.\s..'iOciatcs
Project: Pavement Study
Location: '1'01"0010 Street. Newcastlc. ON
Datum Elevation:
Method: Aut!:cr
Diameter: IIOmm
Date: j\:larch 5. 2007
SUBSURFACE PROFILE SAMPLE i
e I e Standard
c " . Penetration Test Moisture Remarks
-~ Description Q - . c Content
0 !.c 11 . -" . .. Blows/JOOmm
> Ie. 0 e c. >
. c >. 20 40 611 80 111,3,0,5,0
iii Ie i: z .... i
II Ground Surface i
0 f~
-11_175 25 mnl Asphalt 1 AS
- 150 mOl Granular Fill north side of road ncar
Hydro Pule IWHltt
west or Foster Crl-ek
-
FILL
;
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compact to dense
1 ,
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-1.65 2 5S possible gra..'c1
f---
- End of Borehole
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Disk No :
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Sheet: 1 of 1
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Reference No: 5073-7-2 Borehole No
32
Enclosure No : 33
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Client: Totten Sims Ilubicki Associates
Project: P:n:c::mcnt Stud)'
Method; Auger
I
Location: Toronlo Street. ~ewcastle. ON
Diameter: IIOmm
Datum Elev~tioh :
Date: Man:h 5. 2007
I
SUBSURFACE PROFILE SAMPLE ,
E Standard
c Penetration Test Moisture Remarks
.~ E - .
Description "0 - . c Content
;; &< . &< . .. BlowsIJOOmm
.. Q. E ;; E Co ;;.
. . c -. 20 40 60 80 10 30 50
i;j -. :s: i
Q '" z f-
0 I Ground Surface I i
0 ~
.(t,11S 2:' mm Asphalt I AS!
I\. IOU mOl Granular Fill south side of road near
Hydro Pole UOHI7
FILL cast of Foster Creek
Mixed silt and s;dInd, some gravel. I
moist, compldld
J- 2 SS 22 I 0 .
-1.12 I I
End of Horcholc I
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Disk No :
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Sheet: 1 of 1
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Reference No: 507J-7-2 Borehole No : 33
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Client: Totten Sims lIuhicki Associates
Project: Pavement Study
Location: Toronlo Street, Newcastle, ON
Datum Elevation:
SUBSURFACE PROFILE
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;; ~
, I c.
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,-1.22
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Description
Cround Surf1!ce
\
25 mm Asphalt
50 mm Granular fo'i11
CLAYEY SILT
Very stiff. with tbin beds ofsiHy fine
sand. brown, moist
1J
End of Borehole
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Standard
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Blows/300mm
20 40 60 80
22 ..0
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V.A. Wood Associates Limited
2 SS
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I
Enclosure No: 34
Method: Auger
Diameter: 110mm
Moisture
Content
10 JO 50
.
Date: March 5. 2007
Remarks
I no,th ,ide nf mad nea,
I
Hydro Pole 1111820
Disk No:
Sheet: I of 1
ReferenceNo:5073-7-2 Borehole No: 34
Enclosure No : 35
Client: Totten Sims lIuhicki Associafes
Project: Pavement Study
Method: Auger
Location: Toronto Street, Newcastle, ON
Diameter: IIOmm
Datum Elevation:
Date: March 5. 2007
SUBSURFACE PROFILE SAMPLE I
E I I Standard
c Moisture
.~ E I Q - . Penetration Test Remarks
Description - . = Content
;; ~ .., .. Blows/300mm
.., . ~I~I
~ 'ii. E ;; -- 20 lO 60 80 10 30 50
0:; . ,., == :i.
Q I en
-L Ground Surface I I
0
75 mm Asphlllt I AS
~ 150 mm Granular Fill south side of road, 3m
E: of Hydro J)llle 110823
eLA YEY SIL T
Stiff to very stiff, with thin scams of
silty fine sand, brown. moist 21 S5 16 0
I- .
.:.!.E.
End of BOI'chole
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Disk No:
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Sheet: 10ft
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Reference No: 5073-7-2 Borehole No . 35 Enclosure No : 36
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Client: Totten Sims lIubicki Associates
Project: Pavement Study Method: Auger
Location: Toronto Street, Newcastle, ON Diameter; llOmm
Datum Elevation: Date: March 5.2007
SUBSURFACE PROFILE SAMPLE I i
E I I I I Standard i
c i I . Penetration Test Moisture I Remarks
.5 E "0 .
Description . c Content
.. ~ .Q . .Q .. Blows/300mm
Q. . E .
> E .. Co ;.
. . c ~ 20 40 6,0 8~ 1,0,3,0 50
OJ ,., :< i.
Q en 2: ...
2- 0 Ground Surface
I~
125 mm Asphalt -0;':
300 mm Granular- Fill Qi 1 AS north side of ro3d near
,'~~~-
-11.425 , Hydro Pole QC66X I
-
eLA YEY SIL T at i\-HII Street
Firm to stiff. some plant remains,
organic odour, grey, wet Wossible
-0.9 Fill)
1- 2 SS 9 0 .
SANDY SILT
..:.!..E Compact. brown. moist ,
End of B(Jrchole ,
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Sheet: I of I
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-40
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
SEPTEMBER 1999
.>1
.;.1
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GENERAL CONDITIONS OF CONTRACT
Table of Contents
SECTION GC 1.0 -INTERPRETATION
GC 1.01 Captions.................................................................................................. .......... ....... 1
GC 1.02 Abbreviations ........................................................................................................... 1
GC 1.03 Gender and Singular References............................................................................ 1
GC 1.04 Definitions ................................................................................................................ 1
GC 1.05 Substantial Performance ......................................................................................... 5
GC 1J16 Completion............................................................................................................... 6
GC 1.07 F"mal Acceptance..................................................................................................... 6
GC 1.08 1_... elation of Certain Words ...............................................................................6
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Order of Precedence ...............................................................................................7
SECTION GC 3.0. ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority ........................................................................... 8
GC 3.02 Working Drawings ................................................................................................;.. 9
GC 3.03 Right of the Contract Admililiti...... to Modify Methods and Equipment ................. 9
GC 3.04 EIIl8IgeIlCy Situations............................................................................................10
GC 3.05 Layout.................................................................................................................... 10
GC 3.06 Working Area......................................................................................................... 10
GC 3.07 Extension of Contract Tme................................................................................... 10
GC 3.08 Delays.................................................................................................................... 11
GC 3.09 Assignment of Contract......................................................................................... 11
GC 3.10 Subcontracling by the Contractor.......................................................................... 11
GC 3.11 Changes ................................................................................................................ 12
GC 3.11.01 Changes in the Wllllt............................................................................................. 12
GC 3.11.02 Extra Wllllt.............................................................................................................12
OPS 0enINl ~ 1IIl', .. d~. ........_,.
T..... d COI.......-l
GC 3.11.03 Additional Work ..................................................................................................... 12
GC 3.12 Nolices................................................................................................................... 12
GC 3.13 Use and Occupancy of lhe Work Prior to SUbstantial Perfonnance ..................... 13
GC 3.14 Claims. Negotiations. Mediation............................................................................ 13
GC 3.14.01 Continuance oflhe Work....................................................................................... 13
GC 3.14.02 Record Keeping..................................................................................................... 13
GC 3.14.03 Claims Procedure .................................................................................................. 13
GC..3.14.04 Negotiations........................................................................................................... 14
GC.3.14.05 Mediation ............................................................................................................... 14
GC 3.14.06 Paymenl................................................................................................................ 14
GC 3.14.07 Rights of Both Parties;........................................................................................... 15
GC 3.15 Engineering A/t)j1l..1iuiI........................................................................................... 15
GC 3.15.01 Condilions for Engineering AIblIlatio.1................................................................... 15
GC 3.15.02 Arbitration Procedure............................................................................................. 15
GC 3.15.03 Appointment of AItlltrator....................................................................................... 15
GC 3.15.04 Cosls..........................................................................._......................................... 16
GC 3.15.05 The Decision.......................................................................................................... 16
GC 3.16 Archaeological Finds ............................................................................................. 16
SECTION GC 4.0 - OWNER'S RESPONSIBILITlES AND RIGHTS
GC 4.01 Worldng Area..._.................................................................................................... 17
GC 4.02 Approvals and PennlIs .......................................................................................... 17
GC 4.03 Management and Disposition of MaterIals ............................................................ 17
GC 4.04 ConslnJction Affecting Railway Property .............:..............................................:.. 18
GC 4.05 Default by lhe Contraclor....................................................................................... 18
GC 4.06 Notlfalio.l of Default ............................................................................................ 18
GC 4.07 Contractor's RIght to Correct. DefauIl.................................................................. 18
GC 4.08 .000000s Right to Correct Default........................................................................... 18
GC 4.09 TennInation of Contractor's RIght to ContInue lhe Work....................................... 18
T_"'~-I
OPSGenemlCoIIIlII'. ."'~.S>4-1 1,_11189
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GC4.10
GC4.11
GC4.12
GC4.13
Final Payment to Contraclor.................................................................................. 19
T enninaIion of the Contract.......................................................................... ......... 19
Continuation of Contractor's Obligalions............................................................... 19
Use of Perfonnance Bond ..................................................................................... 19
SECTION GC 5.0 - MATERIAL
GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
Supply of Material.... .............................................................................................. 20
Quality of Material.................................................................................................. 20
Rejected Materia!..... .............................................................................................. 20
Substitutions .......................................................................................................... 20
Owner SUpplied MateriaJ ................................................................................:......21
Ordering of Excess Material.................................................................................. 21
Care of Material..................................................................................................... 21
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.b4
GC 6.03.06
GC 6.03.07
GC 6.04
Protection of Work, Persons and Property ............................................................ 23
Indemnification ...................................................................................................... 23
Conlraclor's Inswance........................................................................................... 24
General.................................................................................................................. 24
General Liability Insurance .................................................................................... 24
AulDmoblIe Liability Insurance............................................................................... 24
Aircraft and Waltn...aft UabiIily Insurance............................................................. 25
Property and Boller Insurance...............................................................................25
Property Insurance ................................................................................................ 25
Boiler Insurance................................................................ ..................................... 25
use and Occupancy of the Wort Prior to Completion........................................... 25
Payment for Loss or Damage..............................:................................................. 26
CoI,baclDr's Equipment Insurance ........................................................................26
Insurance Requirements and Duration.................................................................. 26
Bondii19.................................................................................................................. 27
GC 7.01
SECTION GC 7.0 - CONTRACTORS RESPONSlBLITlES AND CONTROL OF THE WORK
General...............................................................................,..................................28
T_ of ConlInlll". II
OPS 0..- Cao__ of ConlI8c:I-' 1.1 .w'889
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC7.09
GC7.10
GC7.11
GC 7.12
GC 7.13
GC7.14
GC7.15
Layout.................................................................................................................... 29
Damage by Vehicles or Other Equipment............................................................. 30
Excess Loading of MolDr Vehicles ........................................................................ 30
Condition of the WoIlcing Area............................................................................... 30
Maintaining Roadways and Deliours...................................................................... 30
Access to Properties Adjoining the Wort and Interruption of Utility Services....... 31
Approvals and Permits ...........................................................................................31
.Suspension of Work .............................................................................................. 32
,
COhbac:lDts Right to Slop the Work or Terminate the Contract............................ 32
Notices by the Contraclor .................;....................................................................32
Obstructions........................................................................................................... 33
Umitalions of 0penIli0ns....................................................................................... 33
Cleaning Up Before Acceplance ........................................................................... 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
MeaslA'ement........................................................................................................35
QuantIlies.....................................................................,......................................... 35
Variations in Tender Quanlilies ............................................................................. 35
Paymenl................................................................................................................35
Price for Work..................................................................... ................................... 35
Advance Payments for MaleriaI......................................................!...................... 36
Certificalion and Payment .....................................................................................36
progrea Payment CertIficate................................................................................ 36
Certificallon of Subc:onlract Completion .............;.................................................. 37
SubOOhb6Gt Statutory HoIdbaok Release Certificate and Payment...................... 37
Certificalion of Subslantial Perfonnance............................................................... 37
Substantial Performance Payment and Substantial Performance Statutory
HoIdbaok Release Payment CeItiIIc:alIe$ ...............................................................38
CertificalIon of COmpletion ....................................................................................38
CompletIon Payment and Completion Statutory HoIdbIIck Release
Payment CeltiIlcale& ....................................................... ..................... ................. 39
1nfef8st................................................................................................................... 39
Inlerest for Late Payment ............. ................................... ..................... ................. 39
Inlerest for Negotiations and CIIlms ..................................................................... 40
Owner's Set-Off .....................................................................................................40
TIbIe ~eor.- - Iv
ClP80ene181c:... 1lI1, "~CoIIlnIcI-Sl.II....,ll811
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GC 8.02.03.12 Delay in Payment .................................................................................................. 40
GC 8.02.04 Payment on a Trne and Material Basis................................................................. 40
GC 8.02.04.01 Definitions ........................ .............................................. ................................ ........ 40
GC 8.02.04.02 Daily WOIk Records...............................................................................................41
GC 8.02.04.03 Payment for WOIk.................................................................................................. 41
GC 8.02.04.04 Payment for Labour ...............................................................................................42
GC 8.02.04.05 Payment for Material.............................................................................................42
GC 8.02.04.06 Payment for Equipment.........................................................................................42
GC 8.02.04.06.01 Working Tme ........................................................................................................42
GC 8.02.04.06.02 Slandby Tme ........................................................................................................ 42
GC 8.02.04.07 Payment for Hand Tools..............................h........................................................ 43
GC 8.02.04.08 Payment forWolK by Subconbaclllrs....................................................................43
GC 8.02.04.09 SUbmission of Invoices..........................................................................................43
GC 8.02.05
GC 8.02.06
Filla! Acceptance CertirlCate.................................................................................. 43
Payment ofWorkers..............................................................................................44
Records ..................................................................................................................44
GC 8.02.07
GC 8.02.08
GC 8.02.09
Taxes and Duties...................................................................................................44
. Liquidated Damages....................................................,.........................................45
OPS_COO_..d~......,.....111l9
r_ dConeonl&- Y
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00 1.G1
Ontario Provincial Standards
for
Roads and PubUc Works
September 1999
GENERAL CONOmONS OF CONTRACT
SECTION GC 1.0 ~ INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserIed as a matter of convenience .
and for ease of .ert.rence only and in no way define. fimit or enlalge the scope or meaning of the
General Conditions or any provision hereof.
001.02
Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Oocuments and represent
the organizations and phrases listed on the right
"AASHTO"
"ANSI"
"ASTM"
"AWG'
"AWWA"
"CESA"
"CGSB"
"CSA"
"CWB"
"00-
"MOE"
"MTC"
"MTO"
"MUTeD"
"OPS"
-"OPSD"
"OPSS"
"PEO"
"SAE"
"SSPC"
NUL"
"ULC"
00 1.G3
- American Association of State Highway Transporlalion 0fIlcia1s
- American NaIionaI Standards InsliIute
- American Society for Testing and MaterIals
- American We Gauge
- American Water Works ....ssociation
- Canadian Engineering Standards Association
- Canadian General Slandards Board
- Canadian Standards Association
- canadian Wekfmg Bureau
- General Conditions
- MinisIry of the Environment (Ontario)
- Ministry of Trar..........liun (Ontario)
- Ministry of TranspoI1alion (Ontario)
- Manual of Unlfonn Traffic Control Devices, published by MTO
- Ontario Provincial Standard
- Ontario Provincial Slandard Drawing
- Ontario Provincial Standard Specification
- Professional engineers Ontario
- SOciety of AulomoIive Engineers
- S1nICluraI Steel Painting Council
- Underwriters Laboratories
- Underwriters Laboratories Canada
Gender and Singular References
.01 ReferelICe$ to the mascutine or singular throughout the Contract Documents shaH be considered to
include the feminine and the plural and vice versa as the contaxt requires.
00 1.G4
Definltlonll
.01 For the purposes of this Contract the following defiloilions apply:
Actual Melsurement: .,... the field measurement of that quantity within the approved limits of the
Work.
OP8o-.tc{ .J .Gf~.8 ,I .00000'M
...'
Additi0nai Work: means work IlClt provided for in the Contract and not considered by the Contract
Adminislratllr to be essential to the satisfactory conlpletion of the Contract wilhin 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 skIewaIk.
Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract ~
Certificate of Substlntlal Perfonnance: means the cet1ific;ate issued by the Contract Administrator at
SUbslantial Performance.
Change Directive: means any wrilIen instIuclion signe<I by the OWner. or by the Contract Administrator
where~~ authorized, cfll'eCting that a Change in the WoIk or Extra Work be perfOnned.
~.,
.~
Chang. In the Work: means the deletion, extension. inCl use. decrease or alteration of lines, grades,
dimensions. quantities. methods, drawiilgs. SIlb.iba~ changes in geotechnica~ subsurface. surface or
other conditions. changes in the chanlcler of the WOrk to be done or materials of the Work or part thereof,
within!the intended scope of the Conlracl.
Change Order: means a written amendment to the Contract signed by the Contractor and the OWner, or
the Contract Admil'lil>b...... where so authorized, c:overing contingencies. a Change in the Work, Extra
Work, AddiIionaI Work and changed subsurface condlllons, and ~ing the basis for payment and the
lime alIawed for the adjustment of the Contract Tine.
CompletIon Ce.t1I1cate: means the cerIificate Issued by the ContractAdminislratllr at conlpletion.
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Cost Plus: See"Tme and MaIeriaI".
Cut..()ff Date: means the date up to which payment will be made for work performed.
Daily Work Records: mean daily Rec:oRIs detailing the number and categories of workers and hours
WOI1ted 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 aD machinely and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construclion nlllChinely and-equipment.
. Estimate: means a t:aJcu1alfon oftheqllanlity or'cost-of.tlleWork-or-pmofibdepefldingon thecontexl
Extra Work: means work not provided' for in the Contract as' awan:Iedbut considered. by the Contract
AdminislJalor to be essential to the 'salisfactOl Y COI,IpIelion of theConlract withil lis intended scope,
including unanticipated work required to comply with legislation and regulations which affect the Work.
Final Ac:c:eptance Cfntlficate: means the certificaIe issued by the Contract AdminislralDr at Final
Acceptancl! of the Work.
Final Detailed Stidement means a complete evaluation prepared by the Contract AdminisIrator showing
the quantities. unit prices and final dollar amounts of aD items of work completed under the Contract.
including variations in tender items and Extra Work, aU as set out in the same general form as the rnonthIy
estimates.
Force Account See"Tme and Materiar.
Geotechnical Report: means a report or other information identifying soil, rock and ground water
. COIIditions'in the area of My proposed excavation orfil.
Grade: means the required e1e.ation of that part of the work.
Hand Tools: means IooIs that are commonly called IooIs or implements of.the trade and iIcIude small
power tools.
Highway: means a GOlllhlOll 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 wi. be made at
a single tendered price. Payment is not based on a measured quantity; although a quantity may be given
in the Contract Documents.
MaIor Item: . means any tender item that has a value, calculaled on the basis of lis ac:lual or estimated
tender quantity, whichever is the 1aIger, multiplied by lis tender unit price, which is equal or greater than
the tesser of,
a) $100,000, or
b) 5% of the tolaI tender value t:aJculated on the basis of the loIal of all tile estimated tender
quantities and tile tender unit prices.
Materlal: means material, rnachinely, equipment and tbdunls fonnlIllI part of the Work.
OPSG.nerIII Cooldllloo. oIc:c.... ""-1.
~3
OWner: means the party to the Conbact 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 COlIISe or courses p/aced on the Roadway and consisting of asphaltic
concrete, hydraulic cement c:onc;rete - Portland 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 providect in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
,"f
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,l?f Interest: means the rate determined by the Minister of Finanoe of Ontario and issued by, and
avaHabIe from, the OWner.
.~f'~t
Records: mean any books, payrolls, accounts or olher information which re/ate to the Work or any
Change in the Work or claims arising tt-cIi...n.
Roadway: means that part of the Highway designed or intended for use by vehicular lraffic 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 dill:h or liD slope.
Special Provisions: mean special directions containing requiremenls peculiar to the Work.
Standard Specification: means a standard practice required and slipuIated by the Owner. for
performance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a person, partnership or COI'pOI8tion undertaking the exect Ition of a part of the
Work by virtue of an agreement with the Co.lb aclut.
.~.
SUbgrade: means the earth or rock surfac:e, whether in cut or fill, as prepared to support the Base,
Subbase and Pawment
~ .
..i:"
Subsuifac:e Report: means a report or other information identifying the location of utilities, concealed and
adjacent structures and physical obslruclions which fall within the in1luence of the Work.
Superintendent: means the Conlraclor's authorized repIlIIsentatiYe in responsible ctl8Ige of the Work.
SUrety: means the person, parlnership or corporation. oilier than the Contractor. Hcansed in Ontario to
transact business under thelflSUt8lK>> Act. R.S.O. 1990, c.1.s. as amended, executing a bond provided by
the Co.lb..........
Tender:' means an offer in writing from the Conlnlctor, submitted in the format prescribed by the Owner.
to compIele the Work.
TIme and Material: means costs calcuIal8d IICCOlding to clause GC 8.02.04, Payment on a Tme and
Malerial Basis. Where "Cost Plus" and "Fon:e Account" are used they shaI have the same meaning.
Pege 4
OP8o.n..l CoI -. ,. af~. ..,....\_ 1811I
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Utility: means an aboveground or underground faciIiIy maintained by a municipality, public utiIily authority
or regllhol"'(/ authority and includes services such as sanitary sewer, storm sewer, water, eIecIric, gas, oil,
steam, data lnlnsmission, telephone and cable tele'Jision.
Wamnty 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 an 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 lDlaI construction and related services required by the Contract Documenls.
Working Area: means all the lands and 'easemenls owned or acquiled by the Owner for the construction
of the Work.
Working Day: means any Day,
a) except SatuIdays, SUndays and statutory holidays;
'b)' exc:epta'Dayas'detem1ii\ed'IJY'1he ConlrlittAdminislralor;'OI'I"Which1he-'Conlradllrisprevented by
- inclehield weather or conditions resuIling imn~1h",er,o.ll,'from p10ceeding wilh'a-ConlroIIing
'0peIali0r~ For the pUrposes of this definition. this wHlbe aDaydurlngwhic:tr the Cuolb....turcannot
proceed with at least 60% of the normal labour and equipment force" effectively angaged on the
controlling Operation for at least 5 hours;
C) except a Day on which the Cuo.baclDr is prevented from proceeQlII9 with a Controlling Operation, as
determined by the ContIact Administrator by reason of,
i. any breach of the Contract by the OWner or if such prevention is due to the Owner. another
.............b" hired by the Owner, or an emplOyee of any one of them, or by anyone else acting on
behalf of the Owner. '
i. on-delivery of Owner-supplied materials,
iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the
Contrac:lllI to the salisfaction 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 Hmiting the ganeralily thereof. include faIsewo/t( plans, Roadway
l)loteGtion plans, shop drawings, shop plans or erection diagrams.
GC 1.05
Substantial Performance
.01 The Work is subsIanliaIly performed,
a) when the Work to be performed under the Contract or a subslantial 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'capabIe'of cohlplelion,or, where there is a
known cterect, the oost 01 COITedioI~ is not mons than
i. 3% 01 the tirsl $500,000 of the Contract price,
i. 2% of the next $500,000 of the Contract price, and
ii. 1% of the balance of the Contract price.
.02 For the purposes 01 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
expediIiousIy for reasons beyond the control of the Contractor or, where the OWner and the
Cu..b~ agree not to complete the Work expeditiously, the price of the services or materials
remaining to be supplied and required to complete the Work shaB be deducted from the Contract
price in detennining SUbstantial Performance.
OPSOenerIIICI .. ..GfCclllAol..>,I~ ,oIl.<,_
"'5
GC 1.0&
Completion
.01 The WOI1< shan be deemed to be completed an<I services or Materials shall be deemed to be last
supplied to the WOI1< when the price of completion, correction of a known defect or last supply is not
more ~ the lesser of,
a) 1 % of the Contract price; or
b) $1,000.
GC 1.tl7
Final Acceptance
.01 Final Acceptance shan be deemed to occur when the Contract AdminislralDr is satisfied that, to the
best of the Contract Admil'lblb Cok.o 's knowledge at that line, the Contractor has rectified aR Impel1ect
work and has discharged an of the Cotdl-tl.o.s obligations under the Contract. -
GC 1.oa
Interpletation of Certain Words
,01 _.-J;he words .acceptabIe", .approvaI", "aulhorized". .consIdered necessary". .directed". .required".
. .:~~.~satisfac:to;y", or words of Ike impoIt, shaH _ appn:IV8I of. directed. required, considered
- - necessary or authorized by and acceplabIe or -Af...a.. y to the Contract Administrator unless the
oontexl clearly Indicates otheIwise.
...~",. :0'
"'8
OP8Geala1<:l1 <(l'a "af~.S .1 .....,_
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GC 2.01
SECTION GC 2.0 . CONTRACT DOCUMENTS
Reliance on Contract Documents
.01 The Owner warrants that the information furnished In the Contract Documents can be relied upon with
the following fimilalions or exceptions:
a) The location of an mainline underground utilities which will affect the WOIk will be shown to a
tolerance or:
i. 1 m horizontal and
ii. 0.3 m YBrlical
b) The Owner does not wmTlIIll interpretations of data or opinions expressed In any Subsurface
Report avaIabIe for the perusal of the C:O',b....au. and excluded from the Contract Doctments; and
c) Other informalion specific:al1y excluded from this warranty.
GC 2.02
Order of Pncedence
.01 In the event of any InconsisIency or conflict in the contents of the 'following documents. such
documents shall take precedence and govern In tile following order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specilications
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) WOIkIng Drawings
Later dales shall govem within each of the above <.aba9<lo ies of documents.
.02 In the event of any conIIict among or incon I lleilC)' In the information shown on Drawings. the
following rules shall apply:
a) Dimensions shown in ligures on a'Drawing shaH govem wheIe they differ from dinensions scaJed
from the same dIawing;
b) Drawings of larger scale shaD govem over those of smaUer scale;
c) Detailed Drawings shaD govern over general Drawings; and
d) Drawings of a Ialer dale shall govern over those of an earlier dale In the same series.
.03 In the event of any conIIlct in the contents of Standard 'SPeCIfiCaliOnS the following order of
p1ecedellCe shaI govern:
a) Ontario PIovinciaI Standard SpecIficalions; then
b) Other Standard Specifications. such as those produced by CSA, CGSB. 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 81. .'
OPS o.n.r.I <: <:1'1.. of ConInIcI.. .' .iIl.. 1M
PIge 7
GC 3.01
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
Contract Adminlsb....... Authority
.01 The ConlIact AdminislJalor wiD be the Owner's repruenlalM! during conslruclion and until the
issuance of the Completion Certificate or the Issuance of the Final Aoceplanoe Certificate whichever
is later. AI instructions to the ConIIactor including instructions from the Owner wi8 be issued by the
Contract AdmiJlil.b...... The Contract Administrator wHI have the authority to act on behalf of the
OWner only to the extent provided in the Contract Documents.
.02 All claims, alsputes and other r.JdlIl:,;s in question relating to the performance and the quality of the
Work or the intel pi elation of the Contract Documents shaH be referred to the Contract Adndr lisb.tu..
.03 The Contract Admirfistl .lor wi! inspect the Work for its c:onfonnity with the plans and specifications,
agd to record the necessary data to eslabIish payment quantities under the schedule of tender
'qUantities and unit prices or 10 make an assessment of the value of the work c:ompleted in the case of
,~ sum price oo.41....t.
.b4 .The Contract Administrator will determine the amounts owing to the COhba..tu. undlir the C"..b....t
andwlll Issua certiIk.ab::.. for payment in such amounts as provided for in Section GC 8.0,
.Measlllemellt and Payment
,.;05 the Contract Adminislrator wiI with reasonable promptness review and lake appropriate action upon
the COhbu,,'s submissions such as shop drawings, product data, and samples in 8000ldance with
the Contract Documents.
,Of$ The.Contract Adminisb'ator will Investigate aU aDegallons of a change In the character of the Work
I'nllde. by the Contractor and issue aPlll 0pI iate inslruc;lions.
:07 TheCorllract Ada,. ,illb atu. will prepeAI Change Oirecti\Ies and Change Ordilrs.
.08 Uponwrlttlln application by the Conbacllll, the Contract AdrninislraIor and the Contractor will joinUy
conduct an ins~ of the Work to eslabIish the dale of Substantial Performance of the WOf1(
and/or the dale of Completion of the Work.
.09 The ConlIact Adrninbtlatu. wi! be, in the first Instance, the inIerpI !l!u of the Contract Documents and
the judge of the performance thereunder by both parties 10 the Contract. Inlefpl elations and
decisions of the Contract Admillistr8b:l. shaD be conslsIent wllh the intent of the Contract Documents
and in making these decisions the Contract Admillit;b atu.. will nOt shoW partiIIIity to either party.
.~. -~
, 1 0 The Contract Adminislrator will have the aultIoIfty to reject part of the Work or Material which does
not conform to the Contract Documents.
.11 0etectilIe work. whether the result of poor workmanship, use of defsclille rnateriaI, or damage
through carelessness or other act or omission of the Contractor and'whether incorporated in the WOf1(
or not, which has bean rej! cted by the Contract Administrator as faUIng to confonn to the Contract
Documenls shaI be removed promptly from the Work by the Collllactu. and replaced or re-execuIed
pIOITIplIy in accordance with the ConlIact Documents at no additional cost to the OWner.
.12 Any part of the Work destroyed or damaged by such -Is. replacements or re-executions shall
be made good, promptly, at no 8ddltIonal cost to the OWner.
.13 II, In the opinion of the Contract Admioillb..u, It is not expedient to correct deI'ective work or work not
performed in 8CCOldance with the Contract Documenls. the OWner may deduct from monies
otherwise due 10 the Conlractor the dilrsrence in value betw8<<l the work as performed and that
called for by the Contract~.
pooee
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.14 Notwilhslanding any inspeclions 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 shan not constitule acx:eptance of defective work (J( Material.
.15 The Contract Administrator will have the authority to temporarily suspend the Work for such
reasonable time as may be neoesnry to fdc:iIilate the cheddng of any portion of the Contrador's
construction layout (J( the inspec:tion of any portion of the Work. There shall not be any extra
O<<npensation for the suspension of work.
GC 3.02
Working Drawings
.01 The Conlrador shaH anange for the preparation of c:Iearly idenlified and dated WoII<ing Drawings as
c:aRed for by the Contraot Doc:umenls.
.02 The Contractor shall submit WoIt<ing DrawingS to the Contract Adi.liIMatoI with reasonable
promptness and In orderly sequence so as to-not osuSe deIliy intheWoOC -.If!3l\her the Contract<< or
the Contract Administrator so requests they shalljolntIy prepare a sc:heduIe fixing the.dates for
submission and return of Working Drawings. Working Drawings shaH be submitted in prinIec:I form.
Al the time of submission the Contract<< shaH notify the Contract AdmiIMator in writing of any
deviations frcm the Contract requirements that exist in the Working Drawings.
.03 The Contract AdministralDr wi! review and relIIm Working 0Iawings in acconMlloe with all agreed
upon schedule, (J( otherwise. with reasonable promptness so as not to c:ause delay.
.04 The Contract Adminlslra\lll's review win be to chec:k for c:onfonnily to the. design 'conoapt and for
general arrangement only and such review shall not lelieve the <M.b actor of IespoIISibiIity for errors
or omissions In the Working Drawings or of responsibility for meeting all requirements of the Contrac:t
Doc:umenls unless a deviation on the Working Drawings has been approved in writing by the Contrac:t
Administralor.
.05 The <M,baGtor shall make any ohanges in WorlcIngDrawings whic:h the Contract.AdminlstralDr may
require consistent with the Contract Doc:umenls and resubmit unless otherwiSe dIreeted by the
Contract Administrator. When resubmllIing. the <M oh-iOr shaH notify the Contract AdministralDr In
writing of any revisions olIIer than those requested by theContrac:t Adma rilotl odor.
.06 Work related to the Working Drawings shaH not proceed until the Working Drawings have been
signed and dated by the Contract Administrator and marked with the words "Reviewed. Pennission
to construc:l granted."
.07 The CoI,bactor shaH keep one set ofthe,revieWed Working Drawings, marked;as above. at the site at
an times.
GC 3.03 Right of the Contrac:t Administrator to Modify Methods and equipment
.01 The eu"bac:tol shaI. when requested in writing. rnak8 aIleralions'ln the method. equipment or work
force at any time the Contract Admini&bdlor considers the Conlrac:lor's adions to be unsafe, or
damaging to either the Work or existing tac..dIes or the environment
.02 The eo........klo shall. when requested in writing, aller the sequence of lis ..........Iions on the ContraI:t
so as to avoid ildetferenc:e with work being performed by olIIers.
.03 Notwithslanding the foregoing, the eo.,b..c:lDr shaR ensure that an neuHf'Y safety prec:autionS and
p1otectiol, are malollllined throughout the Work.
OPSo.n..ICu JII' .!OI~.8 111......11189
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GC 3.G4
Emergency SIluatlons
,
.01 The Contract Admil'lbh.... has the right to determine the existenoe of an emergency situation. and
when such an emergency siluation Is deemed to exist, the Contract AdmInistrator may instruct the
Contractor to lakl! 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 Conhacb:lr, 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 wi! provide baseline and benchmar1t information for the general location,
".l!fignment and e1ewtlon of the Work. The Owner wiI be responsible only for the conectness of the
.,ifonnation provided by the Contract Admililoh...... '
GC 3lMi Working Area
-_..
,01 The Coootl....tur's sheds, site oI6ces. kliIets, 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 Conlractor shan confine his construction operations to the Working Area. Should the ConJrac;tor
require more space than that shown OIl the COlltract Drawings, the Conh~ shaft oblaIn such
space at no aelelllioillll 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 writIen permission from the property owner.
GC3.aT
ExtensIon of Contract TIme
.01 An applicallon for an extension of Contract TrmliI shall be made in wrlIing by the COllh aclof to the
Contract Administrator as SOOl\ as the need for such extension becomes evident and at least 15 Days
prior to the explIaIion of the Contract Tme. The application for an extension of COhhacl TIme shall
enumerate the reasons. and sIaIe the IengIh of extension required.
.02 .Circumstancessuilableforconskleralion of an exIensIon of Contract Tme,incIude the following:
a) Delays; See subsection GC 3.08. '
b) Changes In theWorfc; See clause GC 3.11.01.
c), Extra Wolle; See clause GC 3.11.02.
el) Additional Wolle; See clause GC 3.11.03.
.03 The Contract Administrator wII, In considering an appflCation for an extension to the Contract TIme.
take Into account whether the delays. Changes In the Work, Extra Work or Additional WoIk involVe a
ConlroIIing Operation.
.04 The ConIract Tme shall be extended for such addilionallime as may be recommended by the
Contract AdhllllMllllb,,( and deemed fair and reasonable by the OWner.
.05 The terms and conditions of the Contract shall continue for such exIensIan of ConIract Tme.
Pog<tl0
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GC 3.08
Delays
.01 If the Cuodlacfl)r is delayed in the performance of the WOrk by.
a) war. blockades, and civil c:omrnotionS. errors in the Contract DoaJmenls; an act or omission of the
Owner or contract AdrninislralDr. or anyone employed or engaged by them direcUy or indireclly,
conlraIy to the proVisions of the Contract DocumentS;
b) a slDp work order issued by a court or public authority, provided that such order was not issued as
the result of an act or omis&ion of the ConbaclDr or anyone employed or engaged by the
Cuo ob..ctor direclIy or indirecIIy;
c) the' Contract -Admiuil.llalDr giving notice under subsec1inrlGC -7.09; SUspension of WOrk;
d) abnormal inclement weather; or
. e)' 8Iwaeological finds in ac:cordance wilh subsection GC 3.16.Archaeologlc:al FIIlds,
then the CUllbolGtorshall be reimbursed by the Ownerforra asndablecosls incuned by.the CoIot1actor
as the result of such delay. pnl1Iided that in the case of an applk;ation for an extension of Contract
Tillie due to 8bnormaI inclementweather;' 1he'.O:ltdl....... 'shaII;willl'1he - Co. III actor's application,
submit evidence from Environment Canada in support of such application. ,.i:xIetlSion of Contract
Tune will be granted in accordance wilh subsedion GC3;07; Extension of.ContractTme.
.02 If the WotKis delayed by labour disputes,slrikes or Iock-outs - including 1ock-oulS decfeed or
recommended toils members by a.recognized """b...Aol's as,lJdatlon. of which' the Contractor is a
member or to Which 1he Cuoobactol is olhelwise bound -whic:h8le beyond the Co.otIactor's control,
then the Contract Tme shaI 'be' exteiIded. in' acx;ordancewilh' subseclion GC. 3.07 ; extension of
contract Time. In no case shaD the extension of Contract Tme be less than the tine lost as the
result of the event causing the delay. unless a shorter extension is agreed to by the Conlractoro . The
Contractor shall not be entitled to payment for costs incurred as the result of.such delays unless such,
delays are the result of actions by the Owner.
GC 3.09
AssIgnment of Contract
.01 The Contractor shaI not assign the Conlracl. either in whole or in part. Without the written consent of
the Owner.
GC 3.10
SIIlb..u....ctIng by the Contractor
- .01 The Co..b....tur may SIlb..uoob....t any part oftheWo,k; subject to these General Conditions and any
fimilations specified in the Contract Documents.
.02 The eo.lllaclorshaD notify the ContractAdminislrallOr. in'Wrilinlf,'ot1he'i,leldiohto ~,baGl. SUch
notification shan IdenIify the part of the Work; and the Subcu..llactol'wilh whom it is Intended.
.03 The Contract Admild$batorwill. wilhin 10 Days of receipt ofsuc:h ,..&.lotiOn, accept or reject the
intended Sub..ullbaclot.. The rejectIonwlll bein writing.and 'Mil include the reuo,lS for the rejection.
.04 The Contractor shall not, wilhout the written consent of the Owner. change a SIAboo..b....ll),..who has
been engaged in accordancewilh subseclion GC 3.10 Sub..u.obboAiilll by the Cuolbaclor.
;05 The eo.dlacklr shaD preSeMt and protect the rights of the parties under 1he Contract wilh respect to
that part of the Work to be.performed under subconlract and shaI.
a) enter into agreements wilh the intended Sub..u"b adDrs to require them to perfonn their work in
accordance wilh the Contract DocumentS; 1RI
b) be as fully respoIlSibIe to the Owner for acts and omissions of the Cuoob~ Subcontrac;tors end
of persons clireclIy or IndireclIy employed by them as for acts and omissions of persons dlreclly
empIoyerl by the Co. III actor. .
OPS~CaIHlIlIa.Gf~.81.' .lbelllll111
"-11
.06 The Owner's consent to subc:ollbacling by the COOoll......... shall not be construed to relieve the
CoI,b~ from any obligation under the Contract and shall not impose any liabirlty upon the Owner.
Nothing contained in the Contract Doc:umenls shall c:reale a OOooll....blal relationship between a
Subc:ontrac:lDr and the Owner.
GC 3.11
Changes
Changes in the Wortc
GC 3.11.01
.01 . The Owner, or the Conlrac:t Administrator where so authorized, may, by order In writing, make a
Change in the Work without invalidating the Contrac:t. The Contrac:lDr shall not be reql.lired to
proceed with a Change in the Work until in receipt of a Change DirecIive. Upon the receipt of such
Change Directive the eo.......... shaI proceed with the Change in the Work.
. .02 .J1Je CoI.1rac:lDr may apply for an extension of Contrac:t Tille 8lXlORling to the terms of subsectiOIl GC
3:07. Extension of Contract Tille.
.03 .~ Changes in the Work reIale solely tI quantilIes, payment for that part of the Work will be made
'~ding tithe c:ondilions specified In clause GC 8.01.02, ValialiollS in Tender CualItitielt. If the
. CI1anges in the Work do not solely reIale to q~. payment may be nagotiated pursuant tI
6l1bsection GC 3.14, ClaIms, Negolialiolls, Me<flation or payment may be made acc:ording tI the
c:olllfllions contained in clause GC 8.02.04, Payment on a Tille and Material Basis.
GC.~11.o2
. ExtraWoltt
.01 The Owner, or Conlrac:t Admlnistralor where so aulhorized, may inslruc:t the Contrac:lDr tI perform
. . 'Extra Work without invalidating the Contrac:t. The eo.lll~ shaH not be required tI proceed with the
Extra Work unti in receipt of a Change Direc:tive. Upon receipt of such Change Direc:tive the
Contractor shall proceed with the Extra Work.
.02 The Contrac:tor may apply for an extension of Contract Time ac:c:oIdil'llto the terms of subsec:tion GC
3.07, Extension of Contract Tille,
.03 Payment for the Extra Work may be negoIialed pursuant to subsec:lion GC 3.14, Claims,
NegotiationS, Medi8lior1. or payment may be made aooonlilll tithe conditions contained in clause
GC 8.02.04, Payment on a Time and Material BasIs.
GC 3,1:1.03
Addlllonal Work
.01 ~ Owner, or Contract Adminlslralor where so authorized, may request the CoI,baotor to peIform
AddlIionaI Work without invalidatillg the ContnIcl If the eu.......... agrees to perform Additional
Work, the Contractor shaI proceed with such AddilIonaI Work upon receipt of a Change Order.
.02 The Contrac:lDr may apply for an extension of Con\niIct Time aooordilll tithe terms of subsec:tion GC
3.07, Extension of Contrac:t Tille.
.03 Payment for the AddilIonaI Work may be negotiate II pursuant tI subsec:lion GC 3.14, Claims,
NegotiIlItknlS. Mediation, or payment may be made lICClIIdIng tithe conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basil.
GC 3.12
Nou-
.01 Any notice permilIed or required tI be given tithe Contract Administrator or the Superintendent in
respect of the Work shaD be deamed to have been given to and rec:elved by the addressee on the
date of delivery if delivered by hand or by l'aosimlIe lransmi8sion and on the fifth Day after the date of
maling If lIlIIIl by mal.
poge 12
OP8Genel111eo. "I~-..aI~.S.pli..bel1l1l1l1
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.02 The Contractor and the Owner shall provide each other with the mailing addresses. telephone
numbers and facsimile terminal numbers for the ConlIact AdlllirMator and the SUperintendent at the
commellOelllel1t of the WOrk.
.03 In the event of an emergency situation or other urgent matter the Contract Administlator or the
Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2
Days.
'.04-Any notioepermilted or required to be given to the OWner or the Contractor shaD be given in
'. aocordance with the notice provision of the Contract .
GC3.13
Use and Occupancy of the Work PrIor to SUbstantial Petformance
.01 Wheril it is notcontemplaled els9Where in-the Conlracl Doa.menlsi the Owner may ~or occupy
the Work or any part thereof prior to Substllntild,PerfonIllll1Ce; p1ovldell1hat,at least 30 Days' wrltIen
notice has been given to the Co,diacror.
.02 The ~ or occupancy of the WOI1t or any part thereof by'the Ownerplior'toSUbstanlial Perfom1anc:e
shaD not constitute an acceplance of the Wol1t or paI1s so occupied. In .'addition, the ~ or
occupancy of the Work shaD not relieve the Cu.di........' or the Cohlractol'S Surety from any liability
. that has arisen, or may arise, from the perfOl1nallceoftheWork in acoolllanc:e-wilhthe Cohbact
Documents. The Owner wiI be responsible for any damage that 0ClClft ~ of the OWner's ~
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 CUlllbaGtorliquldaled damages in accordance with the1emls of the
Contract
GC 3.14
GC 3.14.01
ClaIms, N89utblllons, Mediation
Continuance of the Work
.01 Unless the 'Conbact has been terminated or completed, the Co"baclDr shaH in every case, after
serving or reoeiving any notification of a claim or dispule;verbaI or wrillen, continue to p1coeed with
the Work with due diligence and expedilion. It'is undelstood by the parties that such ,action will not
jeopardize any claim it may have. -
GC 3.14Jl2
Record Keeping
.01 Immedialely upon commencing work which may result in a claim. 1heCcndiaCl&.. shan keep Daily
Work Reoords during the ClOlIISll of the Work, sulliclentlD SUbotall1ia1e the Ccndi.......,.s claim, and the
Contract Admirdsbator will keep Daily WorlfRilcordslrrbe used in 'aSIa SSihllthe Contractor's claim,
an in ac:cordance with ~ GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shaH reconcile their respective Daily WOI1t Reoords on
a daiybasis, to simplify review of the cIaim,when submitted.
.03 The keeping of Daily Work Reoords by the Conbact Administrator or the reconciling of such Daily
Work Records with those of the' CUldi ..ctoI. shaD not be ClllIlSbued to be acoeplanc:e of the claim.
GC 3.14Jl3
CIaIm8 Procedure
.01 The Corlllac:klr shall give verbal notice of any situation which may lead to a claim for additional
payment immediaIely upon becoming aware of the s1b18lion.
_02 The Cu.diacto( shaH provide written notice in the standard form "Notice of Intent to Claim" within 7
Days of the commenoement of any part of the Work which may be ~ by the siIuation.
OPSGenenIIC -. of~.I.' ,_'11II
Pege13
.03 The Conlractor shaft submit delaiIecI claims as soon as reasonably possible and in any event no later
than 30 Days after completion of \he work .lra..lbd by \he silualion. The detailed claim shaft:
a) idenlify the item or items in respect of which the dalm arises;
b) sIate.\he grounds, contracluaI or otherwise, upon which the claim is made; and
c) include the Records maintained by the ContradoI supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing
from ~ Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim, \he Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Admirlil.1l..1u(
consider.; necessary to assess the claim. The COllb....tl.n shall submilthe requested information
within 30 Days of receipt of such request.
.05 Within 90 Days of receipt of the delaIIed clainl, the ContJact AdmIrlibtl.1u. shall advise the Contractor,
in writing, of \he Contract Admit_ ..!uts opinion with regard to the vafdty of the claim.
_.
GC~4.04 NegotiatIws
,~..
.01 The parties shal make aI reasollable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudioe, open and limeIy disclosUle of nllevant facts, information, and
documents to fa..ilibtb:s these negotialiollS.
.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 Admir.i$b..... shaI enter into negcMllons with the eo,.b....h.i to
resolve the matlers in dispute. Where a negotiated setIIement cannot be reached and It is agreed
that payment cannot be made on a Tune and Material basis in acconIance with clause GC 8.02.04,
Payment on a Tune and Material Basis, \he parties shaI prooeed in aocordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Albitiillliu.l.
GC 3.14.05
Mediation
.01 If a claim is not resolved satisfacbly through the negotiation Slage 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
. \he eo,.b....h.i wishes to pursue the issue fI.rther, the parties may, upon mutual agreement, utilize the
services of an independent third party mediator.
.02 The rnediak.r shaft be mutually agreed upon by \he OWner and CoId1aclor.
.03 The mediator shaI be knowledgeable regarding \he area of \he disputed Issue. The mediator shaR
':~ with the parties together and separetely, as MUllary, to review aft aspecls of the issue. In a
final attempt to assist \he parties in rasolving the issue lhemset_ prior to proceeding to abib .tiun
the mediator shall provide, without prejudice, a non-binding recommendalion for setIIement
.04 The review by the mediator shaft be conlpleted within 90 Days following the opinion given in
palBgraph 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 shaI be equally shared by the OWner and Contractor.
GC 3.14.oG
payment
.01 Payment of the claim will be made no later than 30 Days after the dat8 of resolution of the claim or
dispute. Such payment will be made according to \he terms of Section GC 8.0, Measurement and
Payment.
"'14
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GC 3.14.07
RIghts of Both Parties
.01 It is agreed that no action taken under 1his subsection GC 3.14. Claims. Negotiations. Mediation. by
either party shall be construed as a renunciation or waiver of eny of the rights or recourse available to
the parties. provided that the requirements set out in this subsection are fulfinect.
GC3.15
GC3.15.o1
Engineering Atblbaion
Condillons for EngineerL'19 Arbitration
.01 If a claim is not resolved satisfaclorily through the negotiation stage noted in clause GC 3.14.04.
N~1iuns, or the mediation stage noted in clause GC 3.14.05. Mediation, either party may invoke
the provisions 'of subsection GC 3,15. EngIneering Nbitldliun. by giving written notice to the other
party.
.02 Notification that arbitration shall be implemented to resolve the issunhalltJe,communicated in writing
as soon as pOH~1e and no later thaIr'60"Deys-following 1he opillion''1liven in paragraph GC
3.14.03,05. Where the use of a third partymed'1IIlor wasirnplernehled:notificatIon shall be within 120
Days of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shaD be bound by the decision of the arbibator.
.04 The rules and procedures of the Arbitration Act, 1991, 5.0. 1991. c.17, as amended, shall apply to
-any arbIll..1k,,(l conducted, hereunder except to the. extent that they are mocfd'ied by the express
provisions of 1his subseclion GC 3.15. Engineering ArbiIralion.
GC3.15.02
ArbItration Procechne
.01 The following provisions are ll) be included in the agreement to arbiIrate and are subject only to such
right of appeal as exist where the8l'blb~ has exceededf1is or her jurisdiction or have otherwise
disqualified him or herself:
a) AD existing actions in TeSpeCt of the matters under arbitrationwill'be'stayed pending 81 bill alion;
b) AD oullItamfmg claims and matters ll) be setIIed are to be set out in a schedule to the agreement
Only such claims and matters as are in the schedule will be Blbit.cdbd, and
c) Before proceeding with the arbitration. the Co"baclor shaD co..lin.. that aU matters in cfJSpUte are
set out in the schedule.
GC 3.15.03
Appointment of AdlIb.ator
.01 The llIbib.....shaD be rnutuaUy agreed upon"by1heOwnerand Cu..b~.W9djllClical! the dispute.
.02 Where the owner and Cu.tlIaclor cannot agree on a sole lIIbiIrator within 30 Days of the notification
of llIbibdtiun noIed in paragraph GC 3.15.01.02. the Owner and the Cu.,b....a.r shaD each choose an
appointee within 37 Days of the notice of artlitraIion.
.03 The appointees shaD mulually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appoiI,tee was chosen or they shaD refer the matIer to the Arbitration and Mediation Institute
of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being
requesled ll) do so.
.04 The arbilJaIor shaD not be iIIteresIed DlBllcially in the Contract nor in either party's business and shaD
not be employed by either party.
.05 The arbibalor may appoint independenI experts and any alher pelSOIlS 10 assist hkn or her.
opso...Ct. -. naofConac:t.fllll .iIleIIM
Pege 15
.06 The &/'bib aU 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 aotJibdtut COIISiders Il!Ievanl
.07 The hearing will CDIllITI$IlCewilhin 90 Days of the appoiI....1eI1t of the arbitrator.
GC 3.15.04
Costs
.01 The arbilrator's fee shaD be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shared equaHy by the Owner and the Contractor:
.03 The arbitration hearing shaD be held in a p/ace mutuaHy agreed upon by both parties or in the event
the parties do not agree. a site shaD be chosen by the arblb..... The cost of obtaining appropriate
facilities shall be shared equally by the Owner and the Cu.lb....ll.o.
~.,~.- -.
.04 The 8J'bjb"r.u,'may, in his orherdisaetion, award IVa!onabIe costs, related to the arbitration.
GC 3.15.05
The DecIsIon
.01. The reasoned decision wiD be made In writing wllhIn 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 IICCOI"dar1l:8 with clause GC 3.14.06. Payment
GC 3.16
Archaeological FInds
.01 If the Conlractor's opeIalions expose any items which may indicate an archaeoIoglcal find. such as
building remains, hardware. accumulations of bones, pottery, or arrowheads. the Collbacb shall
immediately notify the Contract Admiloilotl.... and IUSpllfId opetatlons within the area Identified by the
Contract AdminiStndor. NcItific;atiQol may be verballlIovIcled that such notice is COI'ra.....d in writing
within 2 Days. Work shall remain suspended within that .. unliI otherwise diIeoted by the Contract
Administrator in writing, in 8ccoIdance with subsection GC 7.09, Suspension of Work.
.02 Any delay in the completion of the Contract that is "9l1Sed by such a suspension of Work wiD be
considered to be beyond the eo..baCb"s control in accordance with paragraph GC 3.08.01.
- .03 Any work directed or authorized In connection wllh an archaeoIogicallind wiD be considered as Extra
. c Work In llOCOI dao.... with clause GC 3.11.02, Extra Work.
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SECTION GC 4.0 - OWNER'S RESPONSI8IL.ITIES AND RIGHTS
GC 4.01
Wortdng Area
.01 The Owner wiD acquire an property rights which are deemed necessary by the Owner for the
constJuction of the Work, including temporary working easements, and will Indicate the full extent of
the WoIkingArea on the Contract Drawings.
.02 The GeotecMIcaI Report and.Subsurface Report which will be provided by the OWner as part of the
tender documents shall form part of the Contract Drawings.
GC4.02
Approvals and Permlls
.01 The OWner wiD pay for all plumbing and building permits.
.02 The OWner will oblain and pay for all permits, licenses and .ceI1ifj. .... cnIAfy:.requiredfor Project
approval . .
GC 4.03
. Management and DisposItIon ofllaterials
.01 . The OWner wiI identify in the Contract Documents the maleI iaIs to be moved within or removed from
the Working Area, and any characteristics' of those materIaIs.whIch wiD nece8$l1lli1b special materials
management and disposition.
'.02 . In aetordaIlCEl'wiltrtegutalionsunderthe OCcupational Hea/th.and-SafelyAct; R;S.O. .1990. c.O.1; as
amended, the OWner advises that
a) the designated subslances silica, IeacI and arsenic are generaly present throughout the Working
Area occuning naIuraIy or as a result of vehicle emissions;
b) the designated substance asbestos Is present in asbestos conduits for utilities;
c)'the'fOIIowinghazardous'materiaIs 1ft .ordlnarilY present In construction:activIties~ limestone,
gypsum, martlle, mica and Portland cement; and
d) exposure'to 1hase subslanoes may occur as'a result of aclivilies by the c....lb....M such as
sweeping, grinding. crushing, drilling, blasting, cutting and abrasive blasting.
.03 The Owner wiD identify In the Contract Documents any designaIed subslances or hazardous
materials other than those Identified above and lheIr Iocalion in the Working Area.
.04 If the Owner or CoubaotDi discovers or. is advised.of -the' pi ennce:.of.desIgnated substances or
hlWlldous materials which are in adcfllian to lhasa listed in .paragnIplJ' GC. 4.03.02, or not dearly
identIlied In the'CoubacUlocumentsaocorcling'1lJ'palayo.,..lt.OO,4:G3:03;::1he1t.:verbalnotIce wiN be
provided to the other party immediately wilhwrlllen conflrmaIion.wilhin 2 Days. The c....lb~ win
stop WOI1t in the area'immediately and wiI determine the necessary. steps required to oomplele the
work in accordance with applicable legislation and regulalion.
.05 The Owner wiI 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
oould not have been reasonably foreseen at the time of tendering. All work under this paragraph
shaI be deemed to be Extra WOrk.
.06 Prior to eommencement of the Work, the Owner wi! provide to the ColltJactor a list of lhasa products
controlled under the WoItcpIace HaZ8ldous Malerials Infonnation System or WHMIS, which the
Owner wiI supply or use on the Contract, together with copies of the Mldbalals Safely Data Sheets for
these products All COhlai18lS used In lie appIlcation of pnxIucts .....41ullt.d under WHMIS shan be
labelled. The Owner will notify the eo.....k.t In writing of c:hang8s ID the list and provide relevant
MaterIal Safely Data Sheets.
OPS~Cc.I A'>.of~.8 r' .1Iler 1_
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GC 4.04
ConstructIon AIfectIng Railway property
.01 The Owner will pay the costs of aU nagging and other trafIic conlroI measllleS required and provided
by the railway company unless such costs are solely a function of the Conlractor's chosen method of
completing the Wortc.
GC 4.05
Default by the Contractor
.01 The CoIdJ'aclo( shaH be in default of the Contract if,
a) the Contractor falls to commence the WOItt or execute the Wolk properly or otherwise falls to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankrupt or make$ a general assignment for the benefit of creditors
because of insolvency or if a receiver is lIIlpoil,led beeellSe of insolvency. .
GC.4,!l6
Notification of Default
GC 4.07
Contractor'8 RIght to Cornet. Default
".01 The Contractor shaH have the right within the 5 fill Workilg Days following the receipt of a notice of
default to 0CIrI9Ct the derault and provide the Owner wilh satisfllc:kIry proof that appropriate correclive
measures have been taken.
.02 If the corredioI, of lfie default cannot be compIeIed wilhin the 5 fun Working Days following receipt of
the notice, the eo. dlaclor shaH not be in default if the CoId18Gb.
a) cOiriinences the correclion of the default wilhIn the 5 fuU Working Days following receipt of the
notice;
b) provides the Owner with an acceptable sdledule for the plllgless of such correclion; and
. c) completes the correclion in accordance with such schedule.
GC 4.08
Owner's RIght to Correct DefauIl
.01 If the .Contractor fails to 0CIrI9Ct the default within the time specified in subsection GC 4.07,
,~ack>I'sRight to Correct a Default, or subsequently agl8ed upon, the Owner, without prejudice to
.8,!ly other right or remedy the Owner may have, may c:onect such default and deduct the cost thereof.
as ceItified by the Contract Admh lisflaklo. from any payment then or lhereeller due to the eo. dJactof.
GC 4.G9
Termination of Contractor's RIght to Continue the Work
.01 \'\/here the Contractor falls to 0CIrI9Ct a default within the lime specified in subsection GC 4.07.
CoIdJactor'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 ConlracklI's right to continue the
WOItt in whole or in pert by giving written notice to the eo.,b~.
.02 If the Owner terminates the Contractor's right to continue with the WOItt in whole or in part, the Owner
wll be enliIIed to.
a) take pillS! III:., of the Working AIea or that portion of the Working Area devoted to that pert of the
Work tennlnalIld;
b) ulIlizethe Equipment of the CoI,1I8Ctor and any MIll ill wIlhin the Working Aleawhlch is intended.
to be incorporate d into the Wclfk, the whole IIIbjec:t to the right of thInl parties;
c) withhold further payments to the CoId1actor wiIh IllIpeCt to the Worlt or the portion of the Work
wilhdl8Wll from the Conlraclor untH the WOItt or pQItion thereof wilhdI8Wll is completed;
Poge18
OPSGonINlCo.. '11111..fConllacl.SI~tl._tllll
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d) charge the Coullaclor the additional cost over the Contract price of compleling the Wor1< or portion
thereof withdrawn from the Co.ltoaclor, as cer1IIied by the Conlract Administrator and any
additional compensalion paid to the Conlract Admiubbcdor for such additional service arising from
the conedion of the defauJt;
e) charge the Contractor a reasonable alJowance, as determined by the Conllact Administrator, to
caver correction to the Wor1< performed by the Contractor that may be required under subsection
GC 7.15, Warranty; .
f) charge the ConlraGtor 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 Wor1< under subsection
. GC 7.15, Warranty, exceeds the allowance provided for such corrections.
GC4.10
Final payment to Contractor
.01 If the Qwner's cost to correct and compIetetheWorkin-wltole or in parUsless than the amount
withhelcl from the eu..b..clD(under subseclion"GC.4.09.- Tenninalion.of,.ponlrador's Right to
Continue the WoII<; the Ownerwil pay the" balance to1he'Co.Ito.....h..assoon)lS the final accounting
for the Contract is complete.
GC4.11
Temlinatlon of the Cu.lib..a
.01 Where the Contractor is in default of the Conlract the OImer may, without prejudice to any other right
or remedy the Owner may have,tenninatethe Conlract by givingwrillen notice of termination to the
COhbadDr, the SUrety and -any trustee'orrec:eiver acting on behalf of.the Co.lb~ estate or
creditors.
.02 If the Owner eIecls to tenninate the Conlract the Owner wiD provide the Contractor and the trustee or
receiver with a complete accounting to the date of terminaIion.
GC4.12
ContInuation of Cu.lb........... Obligations
.01 The eu..b~ obligation under the Conlract as to quality; COllection and warranty of the Work
performed prior to the lime of terminalion of the Conlract or ternlination of the ConlraclDr's right to
continue with the Wor1< in whole or in part shall continue to be in force after such termination.
GC4.13
Use of.Perfom1ance Bond
.01 If the CoI,baclDr is in default of the Contract and theCoubactorhas.'provided'a Perfonnance Bond,
the provisions of this Section shan be exercised' in 8OCOIdance with the-condltions of the Performance
Bond.-"
OPSGenelWeo......oI~. S4k jlbe<,_
... ,e
GC 5.01
SECTION GC 5.0 . MATERIAL
Supply of Material
.01 All Material neoeIUry for the proper completion of the WOlle, except that listed as being SUpplied by
the Owner, shaD be supplied by the ContIaclor. The ConlIact price for the. appropliate tender items
shaD be deemed to include ruu compensation for the supply of such Material.
GC 5.02
Quality of Material
.01 All Material supplied by the Contractor shall be new or unless otheIwise specified in the Contract
Documents.
.02 MateriaJ suppled by the Cot,b.....lur shall conform to the requirements of the Contract.
.03 As specified or as requested by the Contract AdminislnIlor. the Co..b....tu. shaD make available for
.;~n or testing a sample of any Malarial to be supplied by the Coull........ .
.",.;.0.,
.04 ihe Contractor shall obtain for the Cu..b..... Adminisllab,,. the right to enter upon the premises of the
Material manufaclurer or supplier to carry out such inspedion, sampling and testing as specified or a
. requested by the Contract Adminisll.b.n.
.05 The Contractor shal notify the ConlIact Adm/r.il;b.... of the SOII'CeS of supply sufIicientIy in advance
of the MateriaJ sh' . dates to enable the Cotdl..... AdminislraJor to .....c..- the ............. ~
. . Ippmg ............. .........- ..................
. sampling and testing.
.06 The Owner wiD not be responsilIe for any delays to the Coo,beaUs operaIiuns where the Cot otJ ...tor
faiJs to give suflicIent advance notice to the Conlract AdmInistrator to -.bIe the Contract
Administrator to carry out the required inspection, sampling and testing before the scheduled shipping
date.
.07 Thfl Cotot.cd.r shall not change the source of supply of any Material without the written authorfzalion
of the Contract Administrator.
.08 MateriaJ which is not specified shall be of a quality best suited to the purpose required and the uSe of
such Material shaD be subject to the approval of the ConInIctAdminisll.b..r.
GC5~.
~.
ReJected MaterIal
.01 . R~ Material shall be removed from the WoItdng Area expedltiousIy after the nolificallon to that
e~ from the Conlract Administrator. Where the Cu..b....... falls 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 Admlnistratorconslders to be the most appropriate manner and the
Contractor shall pay the costs of disposal and the apploprlate overhead charges.
GC 5.04
SubItItutIons
.01 Where the spacificalions require the Contrac;to,. to supply a MateriaJ designated by a trade or other
name, the Tender shall be based only upon supply of the Material so designated, which shaD be
regaIded as the standard of quaity required by the specIficalIon. Altar the acceptance of the Tender,
the COlotracb may apply to the Cot.b..... Adminisll.... to substitute another Materialldentllied by a
different trade or other name for the MaterteJ designated as aforesaid. The application shall be in
writing and shall slate the price for the proposed subslilule MateriaJ designated as aforesaid. and
such other infonnatIon as the Conlract Adminlab.... may require.
Poge 20
OPSOenenIl eo. JIIJ 10 oI~. s~...,ob..t ,_
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.02 Rulings on a proposed substilulion wi! not be made prior to the acoeptance of the Tender.
Substilulions shaD not be made without the prior approval of the Contract Admillil.1l..tur. 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 Contlaclor shaD be entitled
to the first $1000 of the aggregate saving il cost by reason of such substiluIIon and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shaH be conveyed to the
. . Cu..bGan.. in writing or by issuance of a CeI1ificate of Equality on the Owner's standard fonn of
. "CertiIicalion of Equality" and if any adjuslment to the Contract price' Is made by reason of such
substilution a Change Order shaU be issued as well.
GC5.05
GC 5.05.01
Owner Supplieclllaterial
Ordering of Exnn MaterIal
.01 Where Material Is supplied by the Owner and whelethls MaterIaIIs;ORIeredcby the Contractor in
excess of the amount specified to complete the Work;':such'~eJ<<:nsjllllrial shaH become the
property of the Contractor on completion of the WOIk and shall be c:harged to the Contractor at cost
plus applicable overheads.
GC 5.05.02
Care of Material
,01 The Cu..b....tu.. shaH; in advance of receipt of shipmenls of MaterIaI.supplied by the Owner, provide
. adequate and proper storage facilities aoceplable to the Contract AdmInlstraIor. and on the receipt of
such Material shaH promplIy place it in stoI age except where it Is to be inco.po.4ted foI1hwith into the
Work.
.02 The Contractor shall be responsible for acceptance of Malerial 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 shaD be I9pIaced or repaired by the eo........ at no elqlI!IlSe to
the Owner. and to the satisfaction of the Contract Administrator. If such Material Is rejecled by the
ContractAdrninlstralorfor reasons which are not the fault oftheColdracklr it shaH remain in .thecare
and at the risk of the Cu..b...... until its disposition has been delermined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a dahlBged condition or wheIe
there are discrepancies between the qWll.1ilic& received'anct1be..._"'shown on the blIis of
lading, the Contractor shaH immediateiyreportsuch damage or discrepancies to the Contract
Admlnistrator who shall arrange for anirnmedlate'inspec.1Ion.of.:the~shiplllel1t and provide the
Contractor with a written release from responsibility for such damage OI'deficleI dM. Where damage
or deficlellCies are not so reported it wi! be assumed that the. shipment Mived in good order and any
damage or deficiencies reported thereafter shalbe made good by the eo.lb....tu. at no extra cost to
the Owner.
.04 The fuH amount of MaterIal suppfled by the Owner in each shipment shaH be accounted for by the
Contractor and such Malerial shall be at the risk of the eo. ,bac;lo{ after taking delivery. Such MaterIal
shaD not, except with the writlen permission of the Contract AdminlslralDr. be used by the Contractor
for purpose 5 other than the performance of the WOIk under the Contract.
.05 Empty reels. crates. contalners and other type of packaging from UateliaI supplied by the Owner
shall become the property of the ContracloI when they are no ionger required for their originaJ
purpose and shaH be disposed of by the Conlractor unless otherwise specified in the Contract
DocurnenIs.
OPSo-.ICOl.... ~afConncl.I,,1 .....0'1..
"'21
.06 The Contrador shall provide the Contract Adh....~. irnmecIiateIy upon receipt of each shipment,
copies of biOs of lading. or such other documentation the Contract Administrator may require to
substantiate and reconc:iIe the quanlllies of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shaI~ at no extra cost to the Owner. irMlellialely upon commencement of operations.
check the Material, report any cIamage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recordecl by the
ContraclDr it shall be assumecllhat the stockpile was in good order when the Contractor lDok charge
of it and any damage or deficiencies reported th4lIeafter shall be made good by the Contractor at no
extra cost to the OWner.
4~~.--
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GC 6.01
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
Protec:tion of Work. Persons and Property
.01 The Contractor, the Contractor's agents and all workeIs employed by or under the control of the
Contractor. including SUbc:ontractols. shall protect the Work, persons and property from damage or
injury, and shan be responsible for an losses and damage which may arise as the result of the
Contraclor's operations under the Contract lB'IIess indicated to the contrary below.
.02 The COllh....tot is responsible for the full cost of any ~ll")' temporary provisions and the
reslDration of aU damage where the Contractor damages the Work or property in the performance of
the Conlract If the Co"llaGtor is not responsible for the damage that occurs to the Work or property
the Cohlraclor shaft restore such damage, and such WOIk shaH be administered according to these
General Conditions.
.03 The CoId1actor shaft immediately informthe.Contract Admirlil:;bdro.of an-damage and injuries which
0CCI8" during the term d the Conlract
.04 The Contractor shan not be responsible for loss and damage that occurs as a _It of.
a) war;
b) blockades and civil commotions;
c) errors in the Contract Documents; or
d) acts or OInis SiOilS of the OWner, the Contract AdminIstrator, their agents and ~ 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 SuIelies shan not be released from any term or provision of any
responsibility, obligation or IiabiliIy under the Contract or waive or impair any of the rights of the
OWner except by a release duly executecl by the OWner.
GC 6.02
indemnification
.01 The Contractor shan indemnify and hold hannless the OWner and the Contract Admiuil>baluo, their
agents, officers and employees from and against all claims, demands,. losses. expenses,.. costs,
damages, actions, suils or proceedings by third parties, hereinafter caHed .claims., direclIy or
indireclly arising or aleged to arise out of the performance of or the falIure to perform the Work.
provided such claims are,
a) alIribulableto bodily injury, sickness, disease, or death or to damage to or deslruclion of tangible
property;
b) caused by negligent acts or omissionSdthe;Cuub...Jl>. or anyone.for;whose acts the Contractor
may be IabIe; and
c) made in writing within a period of 6 years from the date of Substantial PelfoflfWlllCe of the Work as
set out in the Cerlilk.dtl: of SUbstantial Performance of the Work or, where so specified in the
Contract from the date of certification of Fmal Acceptance.
.02 The Contractor shaft indemnify and hold harmless the Owner fromal and every claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned by the
CohbaclOl in connection with the Work perfonned or MaterlaI furnished by the COnlladol under the
Conlract
.03 The Owner expressly waives the right to indemnity for claims other than those stated above in
p&rl!ljJl6jlhs GC 6.02.01 and GC 6.02.02.
.04 The Owner shaft Indemnify and hold t..h~ess the Co'III,""""" his agents, oIIiOers and employees
from and agalnst aU claims. demands, losses, expen_, Costs, damages. actlolls, suits. or
proceedings arising out d the CoId1actor's performance of the Contract which are atIrlbutabIe to a
lack of or defect in tilIe or an aIIegecIlack of or defect in tilIe to the Working Area.
OPS~Condlllonaof~.""'_llll9
... 23
.05 The ContradDr expressly waives the right to indemnity for claims olher than those slated above in
paragRlph GC 6.02.04.
GC 6.D3
GC 6.D3.o1
Contrac:tor's Insurance
General
.01 Without rest! iding the generaIily 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 cle'_ GC 6.03.04. GC 6.03.05 and GC 6.03.06 wiH only apply when so
specified in the Conlract Documents.
GC 6.03.02
General LIabIlity Insurance
.01 General rl8bility insurance shan be in the name of the COllbacllll, with the Owner and the Contract
,MIminiStratOr named as additional insureds with Ilmils of not lass than 5 mlIIiondollars inclusive
.~~ I ~ ~
.~ for bodily injury, death, and damage to property incIucIIng loss ot.use lheIeof. with a
.pwperty damage deductible of not more than $5000. The form of this inSurance shaH be the
~nce Bureau of Canada Form IBC21oo. daIed 8-87. .
.02" Another form of Insurance equal to or belIer than that required In IBC Form 2100 may be used,
provided aU the requirements listed in the Contract _ Included. Approval of this insurance wiI be
conditional upon the ContradDr oblainlng the ..w:as of an insurer licensed to underwrite insunInce
in the Provinoe of Ontario and oblaInlng the Insurer's 0llItifIcah. of equivalency to the required
insurance.
.03 The insurance shall be maintained continuously from the oOlln.1el1Cllfllellt of the Work until 12 monlh8
following the date of Substantial Performance of the Work, as set out in the CeI1IIicate of Substantial
Peri'ormance of the Work, or untIthe final Accepl8nce Certificate is issued. whichever is later. and
with RlSpeCt to oompIeted operations c:overage for a period of not lass than 24 months from the date
of FII18l Aoceplance of the Work as set out in the final Acceptance CerlIficate. and ther..a1W to be
maintained for a further period of 4 years.
.04, The Col,b~ shal submit annually to the Owner, proof of continuation of the c:ompIeted operations
. coverage and if the Contrador faiis to do so, the ImitaIion period for c:laiming indemnlty described in
paragraph GC 6.02.01 0), will not be binding on the Owner.
.05 $IIouId the eo.lb~ decide not to employ SuboonlracIors for operations requirilig the use of
el!Piosives for bIasling. or pile dIfving or caisson work, or removal or weakening (i support Of property
I!!!!ding or land. IBC Form 2100 as required shal include the appropriate llI'ICIoIwments.
'$..-
'tIt.",-
.06 The policies shall be endorsed to provide the Owner with not lass than 30 Days' written notice in
advance of cancelIaIion. change or amendment reslridlng c:overage.
.07 "CIalms Made" insurance policies wiD !lOt be pennIlied.
GC 6.03.D3
AutomobIle liability Insurance
.01 Automobile liablllty insurance in respect of Iic:elIsed vehicles shall have IimlIs of not lass than 5 minion
dollarsinoklslve per oocurrence for bodily injury, death and damage to property, in the following forms
endorsed to provide the Owner with not lass than 30 Days' written notice in advance of any
cahe brilon. change or amendment restric:lIng coverage:
a) Blandaul non-owned a_oIoble policy incIudiigll8ndard ..o.lba..NaIllllbllity ~ and
b) sIandaRI owner's form autDmobIe policy pl~ lhlrd party IlabIIity and accident benefits
insurance and ooverlng IIcen8ed vahiclas owned <<opeI8ted by the Contractor.
P<<ige 24
0P8 GenINI C'v IN'a lIuf COnIr8ct. St,1 .....1188
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GC 6.03.G4
Aircraft and Waten:raft LlabHity Insurance
.01 Aircraft and wato..c..,llliabilily insurance with respect to owned or non-owned aircraft andwaten:raft if
used diredIy or indireclly in the perfOl1nallCEl of the Work. including use of addiIioI1aI premises, shall
be subject to IInills of not less than 5 mIion 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 0Nner. The policies
shall be endorsed to provide the OWner with not less than 30 Days' written notice in advance of
cancellation, change or amendment resbicling coverage.
GC 6.03.os
GC 6,03.os.01
Property and Boiler Insurance
P........ty Insurance
. .01, All risks property insurance shall be in the name of the.Co.obac.t<l4.withJbe.Owner.and the Contract
Adminislrator named.asaddltional insureds,insuringnot.lessthan.the:sum.ofthe .amount of the
Contract price and the.fuIl value, as may..be.stated-In.lbe. ~'~..GeneraLConditions, of
Material that is specified to be provided by: the.owner,for",incoqloralion:into the Work, with a
deductible not exceeding 1 % of the amount insured at the sile of the Work. This insurance shall be in
.. a form ao;eptabIe to the 0Nner and .shall be rnail,taIned conlinuousIy unliI1 0 Days.after the date of
FII1lIl Acceptance of the Work, as set out in the FII1lIl Aa:eplallCie CerlIlicaIe. .
GC 6.03.os.02
BoBer Insurance
'.01 "Boilerinsuranceinsuring.the inteIesls of the CoI,bacb)., the owner and the ContractAdminislratorfor
not less than the replacement value of boiJers and pressure vessels forming partof the Work, shall be
in a form acceplable lD the 0Nner. This insurance shall be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Final
Acceplance of the Work, as set out in the Rnal Acceptance Certifoeale.
GC 6.03.05.03'
Use and Occupancy of the Work'Prior to CompletIon
.01 Should the Owner wish lD use Of' occupy part or aU of the Work prior lD Substantial Perfonnance, the
OwnerwiUgive 30 Days' written notice lD theCo.ob..... oflbe. intended purpose and extent of such
use or occupancy. Prior to such use Of' OCCIlp8ncy the Contractor shall notify the Owner In writing of
the addltional premium oost, if any, to maintain property and boiler insurance, which shaD be at the
Owner's expense. If because of such use Of' occupancy the COlltractor is unable to provide
COYeI8ge.the Owner upon written notice from the.Contrador:and..prlor-JD:suc:tt useOf' occupancy
shaD provlde, maintain and paylor ploperty and boiIer,insurance insuringthdull value of the Work,
including coverage for such use or occupancy, and shaII.provide the.eo.,h.~ with proof of such
insurance. . The C"..b...... shall refund lD the owner the uneamedpremlums applicable to the
ContraclDr's policies upon tennillllion of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made lD the Owner
and the CoIdractor as their respective interests may appear. The ConblJClo{ shall act on behalf of
both the Owner and the Co.,b~ lor 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 lD restore the Work. Loss ordal.1lIg8 shal not affect the rights and obIigalions of either party
under the ConlnJCt except that the eu.ob~' shall be entilled to such AllISOI18bIe extension of
Contract Tme reIative.to the extent of the loss or damage as the Contract Admlroilob.... may decide
in consullalion with the Contractor.
OPSOenerIIC.""Jn..f~.IIFII_'_
PIIge 26
GC 6.03.05.04
Payment for Loss or Damage
.01 The Col,bca.h.r shaH be enliUed to receive from the Owner. in addition III the amount due under the
Contract, the amount at which the Owner's i.lBlest in RlStDration of the Work has been appraised,
such lKllOUllt lD be paid as the restoIation of the Work proceeds and in accordance with the
requirements of Section GC 8.0. Measwement and Payment In addition the Contractor shaH be
entiUed to receive from the payments made by the insurers the amount of the COub ....tuts interest in
the reslDtation of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies except where such
amounts may be exclllded from the Conlractor's ~ by the terms of this Contrac;t
.03 In the event of a loss or damage III the Work arising from the action or omission of the Owner or
others, the Owner shaH pay the Coutl~. the cost of restoring the Work as the restoIation of the
Work proceeds and in aooordallce with the requiillrll!l'ts of Section GC 8.0, Measurement and
Payment
GC 6.03.116
Contrac:tor's equipment Insurance
.01 All risks Coub..cb's equipment insUIance CCMlring conslrucIion machinery and equipment used by
the ContI~ for the pe!fon._ of the Work, including boiler insUIance on tehlpOl8ly boilers and
pressure ~-essels, shan be in a form accepCable lD the Owner and shaH not alow subrogation claims
by the insurer against the Owner. The policies shaI be endorsed III provide the Owner with not less
than 30 Days' wrilten notice in advance of cahce1rliOO, change or amendment restlicting coverage
SUbject III satisfactory pnlOf of financial capeblily by the Co.lb........ for seIf..Insurance of the
Co. dl....h.(s Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the pwpose of this Contract, the Co.. a..h.r shall be deemed to be insured. This policy shaH be
amei1ded lD provide permission for the Contraclo. to gl8llt.prior ~llS with respec;t to damage to
the Contractor's Equipment
GC 6.03.07
Insurance RequIrements and Duntlon
.01 Unless specified otherwise the duration of each insurance policy shall be from the cIate of
conmencement of the Work untl1 0 Days after the date of Final AccepCance of the Work, as set out
in the 1='11181 Acoeplance CertifICElt&. .
.02 The Contractor shaI provide the Owner, on a form acceptable to the Owner, proof of insurance prior
to commenoement of lhe Work, and signed by an ofIicer of the Contractor and either the undeIwriter
or the broker.
.03 The Contractor shaH. on request, promptly provide the Owner with a certified true oopy of each
insurance polley exclusive of information pertaining III premium or premium bases used by the insurer
to determine the cost of the insurance. The certified true oopy shaH include a signalule by an ofIioer
of the Contrac:lDr and in addition, a signature by an officer of lhe insurer or the underwriter or the
broker.
.04 Where a poUcy is renewed the Cuutl....tur shaI provide the Owner, on a form acceptable to the
Owner, renewed proof of insurance irnrnediateIy following oornp/etion of renewal.
.05 Unless epeclfied otherwise the Co.dl....tur shan be rellpoIIS/bIe for the payment of deductible amounts
under the policies.
.06 If the Coldl~ faits lD provide or maintain insurance as required in subsection GC 6.03.
Col'b.........s Insurance, or eIsewhene in the Contract Docurnenls, then the Owner win have the rlght to
provide and maintain such insurance and give evidence thenIof to the Contraclor. The Owner's cost
thereof shan be payable by the c....b........ to the Owner on demand.
P..., 26
OPS~CoIf111 n..'~-etjlll._1_
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.07 If the CCllotradorfails to pay the cost of the insurance p/aced by the Ownerwilhin 30 Days of the date
on which the OWner made a format 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 shan provide the OWner with the surety bonds in the amount required by the tender
documents.
;02 Such bonds shaD be issued by"a duly licensed surety company auDlOIized to bansact a business of
su~ip in the Province of Ontario and shan be maintained in good standing until the fulfilment of
the ConIracl
OPS 0eneI:II CoIIdlla . of CclllINCI. Sel*olllAo 1M
Page 27
SECllON GC 7.0 - CONTRACTOR'S RESPON8IBlUTlES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Conlractor warrants that the site of the Work has been visited during the preparation of \he
T encler and the characIer of the Work and all local oonditions which may affect the perfonnance of
the Work are known.
.02 The Conlractor shan not commence the Work nor deliver anything to the Working Area until \he
'ConIractor has received a wrilIen order to commenoe the Work, signed by the Contract Administrator.
.03 The ConIractor shaD have complete control of the Work and shall effectively direct and SUpeMse the
Work so as to ensure confonnity with the Conlract Documents. The ConIractor shall be responsible
for consIruction means, rnelhods, techniques, sequences and procedures and for coordinaIing !he
various parts of !he Work.
'.~.-.
.04 The Cu.,b....tu. shal have the sole responsibility rot the design, erection, operation, 'maintenance and
, :.~I of tempol'8ly structures and other temporary faciIiIies and the design and execution of
",~ rnelhods Alquired in their use.
.05' NolwiIhstanding paragraph GC 7.01.04, where !he Contract Documents Include designs for
temporary structures and other temporary faclliIles or specify a meIhod of construction In whole or
part, such faclIiIles and rnelhods shaft be considered to be part of the design of the Work, and the
Col,baGlor shall not. be heIcI responsible for that part of the design or ,the specified meIhod of
consIruction. The Col.baclor shaI, however, be responsible for the execution of such design or
specir.ed meIhod of construcIion in the same manner that the Co"bactor is responsible for the
execution of the Work,
.06 The Cot,bactor shall execute the terms of the Contract in strict compliance with the requirements of
!he Occupational HesIth and Safety Act. RS.O. 1990, c.O.1 (the "Act") and Ontario Regulation
213191 (which regulates ConstrucIion Projeds) and any other regulations under the N:J. (the
"Regulations; which may affect the periormance of !he Work, as the "consIrudDr" or "employer", as
defined by \he Act. as the case may be. The Coo."..elI.. shall ensure that
a) worker safety is given first priority in planning, pricing and performing the Work;
b) its oflic:ers and supervisory ernpIoyees have a working knowledge of !he duties of a .constJuclol"
and .employer" as defined by the N:J. and !he provisions of the Regulations applicable to !he Work,
and a personal oornmIbnent 10 comply with Ihem;
c)" a copy of !he ~ current version of !he N:J. and the Regulations are available at the ConIractor's
. office within the Working Area, or, in the absence of an office, in !he possenion of the supelVisor
,":.responsible for the performance of !he Work; .
, dttWOlkers employed to cany out !he Work possess !he knowledge, skIls and protective devices
Alquired by law or recommended for use by a necognlzed Industry association to allow !hem to
WOIk in safety;
e) its Sl!pervisory employees cany out their duties in a diflgElllt and responsible manner with due
considenItion for the health and safety of !he workers; and
f) all Subcoldlacto.'S and their employees are properly proteCted from injury while !hey are at !he
WOIk place.
.07 The ConIractor when Alquested shaD provide the Owner with a copy of its health and safety policy
and program at the pre-start meeting, and shaI .espond promplIy to requests from the OWner for
confinnation that Is meIhods and procedures for canylog out the Work comply with the N:J. and
Regulations. The CoolbaOlur shall cooperate with rapruelltalives of !he OWner and inspectors
appointed to enfon:e the N:J. and !he Regulations in any ilMstigatiorls of worker heaIlh and safety in
the performance of !he Work, The Coo,t..,.u shallndem.1iry and _!he Owner harmlesS from any
additional expense which !he Owner may InCur 10 have !he Work perfonned as a result of !he
Contraclor's flIikn to ccmpIy with !he Alquirementa of the N:J. and the Regulations.
P8ge28
OPS Genenll c... IIIJlluICallhcl. S .1 ....,,"
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.08 PrIor to commencement of the Work the Contractor shall provide to the Contract Adminilob aM a list of
those products controlled under the WoI1cpIace HazaIdous Materials Infonnation System or WHMIS.
which the Contractor expects to use on the Conlracl Related Matedals Safety Dala Sheets shall
accompany the submission. AI containers used in the appllcalion of products controlled under
WHMIS shaU be labelled. The CoIdradDr shaH notify the Contrador Administrator of changes in
writing and provide relevant Material Safely Data Sheets.
.09 The Contractor shaI have an authorized representative on the site while any work is being performed,
to act for or art theContraclor's behalf. Prior to conmencement of construclion. 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 CoIllJactor. shaI;-atno' addilionat cost to the OWner, furnish aH reasonable ald, facilities and
assistance. required by the Contract Administrator for 1he:-proper inspedionand examination of the
Work or the taking of measurements forthepurpose.of<payment. , _
.11 The Contractorshal prepare. and update as required, aCODSlnJClionscheclulltlndicaling the timing of
the major and critical activities of the Work. The schedule shaD be designed to ensure conformity
with the specified Contract Time. The schedule shall be submitted to the Contract Adn:th~ ..lur
within 14 Oay$ from the date of the Conlracl award. .
.12 Where the Contractor finds any error, inconsislency or omission relating to the Conlract, the
Col1bactor shall promptly report it to the ContractAdminisbator and shall not proceed with the activity
affected unliI receivingdiovetiOll from the ConlraclAdminislrator.
.13 The Conlractor shaD arrange with the appropriate utility authorities for the stake out of aD
underground utirdies and service conneclions which may be affected by the Work. The Conlraclor
shaH be responsible for any damage done to the underground utilities by the Colllractor's forces
during construction . if the stake out locations are within the toI8rances given in. paragraph GC
2.01.01a).
GC 7.02
Layout
.01. PrIor to commencement of construclion; the Conlracl Administrator and the Conlraclor wiD locate on
site those property bars, baselines and benchmerks which are nee ~ssary to deUneate the Working
A1ea and to lay out the work, aH as shown on the Contract DrawIngs.
.02 The Contractor shall be responsible for the .preservation of aIlproperty-bantwhile the Work is in
progress, except those property bars which. must be removed to.f6ciliIatt....the Work. Ally other
property bars distUrbed, damaged or removed by the CUllbaclots opetaliousshal be rep/aced by an
Ontario Land Surveyor, at the CoIdraGtor's expense.
.03 At. no extra cost to the OWner,the eu..Uctor shaI provide the Conlracl Administrator with such
materials and devices as may be ~ry to lay out the baseline and benchmarks. and as may be
necessllIY for the Inspedion of the Work.
.04 The Cuu'-.b shall provide qualified personnel to lay out and ~ all lines and grades
necess&lY for c:onstruclion. The ea............ shall notify the Contract Administrator of any layout work
carried out, so that the same may be checked by the Contract Adminildrator.
.05 The eu........ shall install and mainlal.. substantial alignment IYl8Ikera and secondary benchmarks
as may be required for the proper execution of the Work. The eu.\b........ shall supply one copy of all
alignment and g18de sheets to the Contract Administrator. .
OPSo.-.tc...lIl~ I af~.SIPlI.....,.
Pege 28
.06 The COdb....tl.o shall assume fill responsibility for alignment. elevations and dimensions of each and
aU parts of the Work, regardless of whether the Co..b-.....r's layout work has been checked by the
ContractAdmilisb........
.07 All stakes, marks and reference points provided by the Contract Administrator shatl be carefully
preserved by the Cot,bactor. In the case oflheir 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 Contraclor's expense.
,,,,.,-
GC'7.D3
Damage by Vehicles or Other equipment
.01 If at any time. in the opinion of the Contract Admi.ematu.., damage is being done or is likely to be.
. done to any Roadway or any improvement thereon, outside the Working .~, by the CotdJaGtu.'s
. vehicles or other equipment. whether licensed or unlicensed equipment, the Coub....tl.o shall, on the
direction of the Contract Adminlslrator. and at no extra cost to the Owner. make changes or
'~s for such vehicles or equipment. and shall aIler loadings. or in iome other manner,
'Jilinove the cause of such damage to the satisfaction of the Contract Adml~..lur.
.....--
GC 7.04
&.cen loading of Motor V"'1cles
.01 "Where a vehlcIe is hauling Material for use on the Work, in whole or in part upon a Highway, and
where motor vehicle regibilatiun is required for such 1Iehicle, the CoI,ba..lur shall not cause or permit
such vehlcIe to be lOaded beyond the legal limit specified in the Highway TRI6ic Act. R.S.O. 1990,
c.H.8. as amended, whether such vehlcIe is regisllnd In the name of the Coolb....tl.o or othe!wise,
"8xcept where there are designated areas within the Wolldng Area where overloading is permitted.
The Contractor shall bear the onus of weighing disputed loads.
GC 7.os
CondIIon of the WorIdng Area
.01 . The Coolb....tt... shaD mainlain the Working Area in a tidy condition and free from the acamulalion of
debris, other than that caused by the Owner or olheIs.
GC 7.06
Maintaining RoIIcIways and Detours
.01 Where an elCistIng Roadway is affected by conslruclIon, It shall be kept open to lraffic, and the
Contraclor shall, except as otherwise provided in this subsection, be responsible for providing and
maintaining for the duration of the WOIk, a road through the WorIdng Area, whether along an existing
Higllway. including the road under c:onstruclion. or on detours within or adjacent to the Highway, in
accordanc:e with the MUTCO.
.02 iJCo.dl.....;.. s~~ not be required to maintain a road through the Working ~ until such time as
!he Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepled in accordance with these General Conditions. The Contractor shall
not be required to apply deicing chemicals or abrasives or carry out snowplowlng.
.03 Where localized and separated sections of the Highway only are all'ectt.d by the Contractor's
operations, the Contractor will not be required to maintain intervening sections of the Highway until
such times as these 8IICIions are IcaIted within the Imits.of the Highway affected by the ConIraclor's
genEll'al operations under the ConIrac:l
.04 Where the Contract 00aIments provide for or the Contract Administrator requires detours at specific
locations, payment for the construction of the delOln,. and If required. for the SlIb8equent 18IIIOV81 of
!he detours, will be made at the Contract pIIcas appnlp.lilJ to such work.
PR9030
OP8o-.1eo.....lnul~-SI.1 ,"-'119
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.05 The Contractor shaH mainlaln, in a satisfaclory concfdion for lnIffic:. a road through the Working Area,
at the Owner's expense. The road through the Working Area wiD include any detour conslrucIed in
acconlance with the Contract Oocumenls or required by the Contract Admidsbollklf. Compensation
for aD labour, equipment and materials to do this work shaD be at theConlract prices appropriate to
the work and, where there are no such prices, at negotiated prices. Notwithslanding 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 add"dionaI payment will be made.
'.06 'Where work under the.Contract is discontinUed for any extended period incbIing rnsoilalshutdown.
'the Contractor shaH. when dilecled by the Contract AdminMlaklr, open and place the Roadway and
detours in a pas$<'hle, safe and, satisfadDry condition for public travel
.07 Where the Contractor construcIs a detour which is not specilicaHy provided for in the Contract
Documents; or required by the ContraCtAdminislrlltor, the construcIion of the detour and, if required,
the subsequent removal shaD be pelfarmed at the"Co..b.....(uj.s expeose.. ,.The detour shall be
construcIed and maintained tostrudui'anll'id'geometrIc 'stalJdald$7I1Pfl1,!).\!ed by ,the Contract
Administrator. Removal and site restoration $halhbe. peifonned..:..diI,\!i(lted by the Contract
Administrator.
.08 ,Where, with the prior written approVal of the ContractAdminlslralDr, the Highway Is closed and the
'trafIic diverted entirely off the Highway to any other HighWay. the Cuolback>r shall. at no extra cost to
the OWner;'supply, 'erect and maintaintraflic control devices in accordance with the MUTCO.
, , .09 COlnpIiance with the foregoing provisions shall in no way relieVe the Cuo.b....tor of obligations under
- " subsedIonGC'a01;' Plotectiori 'of Work, Persons and'-Property, dealing, with the Co..lIac:tor's
responsibility for damage claims, except for claims arising on sections of HighWay within the Working
Area that are being maintained by others.
Access to Properties Adjoining the Work and Interruption of UtIlity
Services
.01 The Contractor shaD provide at aI 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.
GC 7.117
.02 The Contractor shall provide at aU limes and at no extra cost to the Owner access to fire hydrants.
and water and gas valves located in the WOIldng Ansa.
.03 Where any intenuptions in the supply of Utility services- are'requied:and"are authorized by the
Contract Adminislrator.theCo..b....tu.shaD give the affected property owners notice in accordance
with subsection GC 7.11, Notices by the COllb ack>r, and shall arrange such intemJptions so as to
create a minimum of interferenoe to those affected.
GC 7.08
Approvals and Pennlts
.01 Except as specified in subsection GC 4.02; Approval and Permits, the Contractor shaI obtain and pay
for any permits. Iioenses" and certiIicales which at the date of \lender dosing, are required for the
performallC8oftheWork.
.02 The CoIdJ8(;/O{ shaI arrange for aU neoessary inspections required by the approvals and pennits
specified in paragraph GC 7.08.01.
OPS Gel*tl CclNIIIoM of CGnlI8ct-lll)1 ..... ,..
"'3'
GC 7.09
Suspllll8lon of Work
.01 The Contradllr shaU. upon wrilIlln notice from the Contract Administrator. discontinue or delay any or
all of the WOfk and work shaU not be resumed unliI the Contract Administrator so directs in writing.
Delays, in~ circumstances, 'NiI1 be adminlstered according to subseclion GC 3.08. Delays.
GC 7.10
Coodl-tur's RIght to Stop the Work or Tennlnate the Contract
,-
.01 If the Owner is adjudgedbanlaupt or makes a general assignment for the benefit of creditors because
"of insoIvlmcy or if a receiver is appointed because of insolvency, the Contradllr may, without
prejudice to any other right or remedy the ConlraGtol may have, by giving the Owner or receiver or
trustee in bankruptcy written notice, terminate the ContnIcl '
.02' If the Work is slopped or otherwise delayed tbr 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
,,~Collb""" or of anyone direclly employed or engaged by the Cu.lb....b...~"the Co.lb....bJr may,
. ...~ prejudice to any other right or remedy the Contradllr may have. by giving the Owner written
@ice. terminate the Contract.
..03 The COlltradol may notify the Owner in writing. with a copy to the Contract Administrator. that the
, . Owner is in default of c:onlnIcluaI obligaIIons If.
a) the Contlact Admblillbcdur falls to Issue .....~ in aecontallce with the provisions of Section
GC 8.0. Measurement and Payment;
. b) the Owner faIs to pay the Cu..b....b.... within 30 Days of the due dates identified in clause GC
. . 8.02.03. Cerlificatio.l and Payment, the 8ITIClWIIs cerlIfied by the Conlract Administrator or within
30 Days of en award by en arbih.... or court; or
c) the Owner violates the requirements of.the Contract.
.04 The ContiactDr's written notice to the Owner shaI advise that If the default is not corrected in the 7
Daysinlmedialely following the receipt of the wrilIen notice the Co..b....b... may, without prejudice to
. any other right or remedy the Contractor may have, slDp the Work or lennil8te the Contract.
.05 If the Cu..b....b.... terminates the COhbact under the c:ondItions set out In this subsection, the
Contradllr shall be entltJed to be paid for aU work performed acc:onIIng to the Contlact Documents
and for any losses or damage as the COllb6..lol may sustain as a resuI: of the termination of the
Contract.
,',
GC7.U'
Notices by the Contractor
.01 ~ work is canied out which may affect the property or operations of any Ministry or agency of
gavemment or any person. c:ompeny. partnership or c:orporation, including a municipal c:orporation or
any board or commission thereof, and in addition to such notices of the c:ommencement of spec:ified
operations as are presc:ribed elsewhere in the Contlact Documents, the Co.d1actor shall give at least
48 hours advance written notice of the date of commencement of such work to the person,c:ompany,
partnership. c:orpoIation, board, or c:ommission so &lfl1 *d.
.02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, c:onc:tuits, farm liles,
or other public or privately owned works or property. the Contradol shaH inlmediately notify the
Owner and the Contract Admi lil.bcetur of the location and delaiIs of such damage or Interference.
Paoe 32
OPSGenMIIC -. of~,""'_1_
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GC 7.12
Obstructions
.01 Except as otherwise noted in these General Conditions. the Contractor assumes all the risks and
responslbilllies arising out of any obslruction encountered in the peIfonnance of the WOIk and any
traffic conditions, including traffic concfdions on any Highway or road giving access to the Working
Area caused by such obstructions. and the CoIl1ractor shall not make any claim against the Owner for
any loss, damage or expense occasioned thereby.
;02 Where theobstnJctionis 'lJ Utility or other man-made object, the Conlnlctor shall not be required to,
assume the risks 'and responsibilllies arising out of such obstruction, unless the location of the .
obslruction is shown on the plans or described in the specifications and the Iocalion, so shown is
within the tolerance speciliecIln paragraph GC 2.01.01 a), or unless the ~ and location of the
obstruclion has oII1eIwise been made known to the Conlraclor or could have been determined by the
visual site investigation made by the.contractor in accordance with these General Conditions.
.03 During the course of the Contract, it isthe..Conbactol's'responslbilitytll'.iXlIlSUIt<WiIh Utility companies
'or olher appropriate authorities for further..,II..,,,alionln.regard,to.1heellllCl-JoCidionof these Utilities,
to exercise the nee e ss ary care in conslnlctic)fl"opeIalions;'-and-1o1ake-such-ollier precautions as are
necessary to safeguard the Utilily from damage.
007.13
LlmIlations of Operations
.01 Except for such work as maybe required by the ContraCtAdrnir'oil.tl~to maintain the WOIk in a safe
and $$Ii..r..aory condIlion, the Contractor shaI not carry on operations under the Contract on
Sundays without permission in writing from the Contract Admhoi$halor.
.02 The Contractor shaD cooperate with other eo.lh~ Utility companies and the Owner and they
shall be a80wed access to their work or plant at all reasonable times.
GC7.14
Cteantng Up Before AccepIance
.01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials.
, tools, conslnlclion machinery and equipment not required for the performance of the remaining Work...
The CUllb acIur shaD also remove all temporary works and debris other than that caused by the
Owner, or others and leave the WOIk and Working Area clean and suitable for occupancy by the
Owner unless oII1eIwise specifiecI.
.02 The Work shall not be deemed to have reached Completion lIIlliIthe-cc",haCtof has removed surplus
materials, tools, construclion machinery. and~ 'equipment The Contractor shaH also have removed
debris, other than that caused by the Owner, orothers. . .
00 7.15
Warranty
.01 The Contractor shaI be responsible for the proper performance of the Work only to the extent that the
design and specifications permit such performance.
.02 SUbject to the previous paragraph the Contractor shall correct promptly, at no additional CO$l 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 Pelfonnance of the Work,
b) where the work is completed after the date of Sub6ta.,1iaI Performance, 12 months after
Completion of the Work,
c) where there is no CertiIicate of Substantial PeIfonnance. 12 months from the date of Completion
of the WOIk as set out in the completion CeItificaIe, or
OPS~Col tT~..arCao*llcl.I.l 11'1_
Pege 33
d) such longer periods as may be specified for 0lIIt8in Materials or some of the Work.
The Contract AdminlslratDr will prompUy give the ContracIDr wrilIen notice of observed defects or
deficiencies.
.03 The ConbaclDr shall correct or pay for damage resulting from c:onections made under the
requirements of paragraph GC 7.15.02.
"
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SEcnoN GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
Measurement
GC 8.01.01
Quantities
.01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work
perfonnEid. The first estimate will be the quantity of Work performed since the COntractor
commenced the Contract. . and evelY. subsequent eslimate; except the final one,wiIl be of the. quantity
of Work performed since the preceding eslimate was made. The Contract Adminislrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cut-Off Dale.
'.02 . Such quantities for progless payments shall be construed and held to approximate. . The final
"quantities forthe issuance of.the CompIelion Cerii:icateshaHbebased on the measurement of Work
. completed.
.03 MeasUrement of the quantities of theWollc "",~uied-'Will be'eiII1lr.by~AduaI. Measurement or by
Plan Quantity principleS as indicalscl'lnlhe'Contract:.. Adjt.dl...ntsito"9.larrQuantity measurements
will normally be madeUSiig Plan Quanlitypl;.lCipIes but may; where- approp.iale,be made using
AcluaI Measurements. Thoseilecns'identified on1heTenderbythenolalion (P) in the unit column
'. shall be paid aocordillgto the 'Plan Quantity. Items where the nolidion (P) doe& not occur shaH be .
paid according to Actual Measurement.
GC 8.01.02
Variations In Tender Qua.41lhno
.01 Where Il appears that the quantity of Work to be done' andfor Material to be supplied by the
Couba.A.o under a unit price lender item wi. exceed or be less than the tender quantity, the
COub6Gtor shall proceed to do the Work and/or supply the Material required to complete the tender
item and payment wiH be made for the actual amount of WOIk 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 WOIk performed and/or Material supplied by the
Contractor exceeds thetander quantity by more than 15%, either party to the Contract may make
a written request to the other parlyto negotiate a revised unll price for that portion of the WOIk
performed and/or'MateriaI supplied which exceeds 115% of the lender quantity; The negotiation
shall be carried out as soon as reasonably possible. Any revision of the unll price shaI be based
on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus
a reasonable alowanoe for profit and applicable oveIhead.
b) In the case of a Major Item where the'quanlity'orWOIkperfonnedandlor'Material supplied by the
COhbadol is less than 85% of the tenderquantity, the Cuolb...k,,' may make a written i'equest to
negotiate for the portion of the actualcovelheads' and. fixed;COSts. applk;abIe to the amount of the
underrun in exll!lSS of 15% of the tender quantity. For pul"pOS8softhe.negotialion, the overheads
and fixed costs applicable to the item are deemed to'have'been proraled uniformly over 100% of
the tender quantity for the item. OVerhead costs shaH be GOUrd med by a statement certified by the
Conlraclor's senior financial oIlicer or auditor and may be audil8d by the OWner. AJtematively,
where 'both parties agree, an aIo:J8IlCe equal to 10% of the. unit price on the amount of the
underrun in excess of 15% of the lender quantity will be paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Certificate.
GC 8.02
GC 8.02.D1
Payment
Price for Work
.01 Prices for the Work shall be fuR compensation for aft labour, Equipment and Material required in Ils
performance. The lenn "an labour, Equipment and MaterIar shalllnclude Hand Tools, supplies and
other incidentals.
ops~ec..cIIII~ .of~-Sl,1 0I_1l11l11
"-lIe 35
.02 Payment for work not specifically detailed as part of any one item and without specified details of
payment Will be deemed to be included in the items wilh which it is 8Sfociated.
GC 8.02.112
Advance Payments for llatlwlal
.01 The Owner will make advance payments for Material inlendecI for incorporation in the Work upon the
written request of the Contractor and according to the fOllowing terms and conditions:
a) The COllb....b shan, 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 stockplIed, shall be assessed by the fcllowing procedure:
i Sources OIherThan Commen:iaI
(1)~r'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price.
(2)Coarse and line aggregates for hot mix asphaltic concrete, SUlface treatment and PorUand
cement concrete shall be assessed at the rate of 25% of the Contract price for each
aggregate slDckpiIed.
,~'ii. . Commercial Sources
~. . Payment for separated coarse and line ~ wII be CXlllSillered at the above rate when
n"-l suchmalllrials are stockpiled at a QOI,.ueR:ia1 source whene fll'therprocel"'lg Is to be caniec:I
out before inoorpolilllillg such maleIiaIs into a final product. AdvanCe payments for other
material& located at a OOl..,.clallIOUIlle wID not be made.
. c) Payment for all other matel ials, unless olherwise specified elsewhere in the Contrac:t, shaR be
based on the invoice price, and the CoI,bllCb shan stDnIt proof of cost to the Contract
AdministralDr before payment can be made by the OWner.
d) The payment for at Materials shaI be prol alid against the appropriate tender item by paying for
sufficient units of the item to cover the value of the maleriaI. Such payment shel not exceed 80%
of the Contract price for the item.
e) AI Materials for which the c....oto....tl,,{ Wishes to neoeIve adYanoe payment shall be placed in the
designated storage location inmediately upon necelpt of the matelial and shall thenc:eforth be held
by the Cu.dl....b in trust for the Owner as collateral securily for any .monles edvanced by the
Owner and for the due completion of the Work. The c....lb....tl,,{ shaI not exercise any act of
ownership incollsistent wilh such security, or remove any Material from the storage localIo.,s,
except for inclusion in the Work. wilhout the COIMllt, in wrtling, of the Contract AdmInIstrator.
f) Such maIIlriaIs shall remain at the risk of the Ccwdlach" who shaH be responsible for any loss,
damage, theft, inproper use or deslruc:lion of the material however callsed.
"
.02 Whene the Owner makes advance payments subject to the conditions Iistell in paragraph GC
8.02.02.01, such payment shaD not c:onstitutIlI acceptance of the Material by the Owner. Acceptance
~U only be determined when the material meets the requkements of the appropriate specIflcalion.
GC 8.o2.l13 ee. t111cat1on lUId Payment
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GC 8.ci~03.01
Progrns Payment Ce.1ifIcate
. .01 The value of the Work peIformed and Material supplied wiR be calculated once a month by the
Contract Administrator in accontance with the Contract Documents and. clause GC 8.01.01,
Quantities.
.02 The progress Payment CertIIicate win show,
a) the quantities of Work perfonned;
b) the value of Work performed;
c) any edvanced payment for Materials:
d) the amount of 8lalutoIy hoIcIb8ck, liens, Owner's set-off;
e) the amot.Ilt of GST as applicable; and
f) the amount due the c....,b.......
POll" 36
0P8 ~ CcllIdIIoo.. fA eom.ct. SI..""_'_
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.03 One copy of the progress Payment Certificate wiD be sent to the Co"tl....tu..
.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 Perfonnance, the Contractor may notify the
Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the
Contract Admitoioot...torcertifythe complelion of such subcontract.
.02 The Contract Administrator will-issue a Certificate of SUbcontract Completion if the subcontract has
been completed setisfac;torily, and all Iequired inspection and testing of the works 00Yel8d by the
subcontract have been carried out and the resulls are satisfactory. -
.03 The ContractAdmlnistrator will set out in the. Cedif.cate ofSutM.o~.o:mpletion the date on which
. the subcontract was completed and within70ays'of:the date;the:subcontractcis certified.compIete,
the Contract AdmilllsbatorwiD give a copy-of the "",lifllodtt:'to.-the;Col1lnlctoFaDd:to the Subcontractor
concerned.
GC 8.02.03.03
Subcontract Statutory Holdback Release Ce.lIlicateand Payment
,01 Following receipt of the Certificate of Subcontract CompIeIion, the Owner wIU release_and pay the
Contractor the statutory hokIback retained in respect of the subc;ol/trect.. Suc:h ftlleeseshall.be made _
46 Days after the'date the subr;ontractwas c:ertifiedcompleteandproviding;the. Contractor:submIls
the following to the Contract AdrnirlitihCllOC
a) a document satisfactory to the Contract Administrator that wiD release the Owner from III further
claims relating to the subc:ontract, qualified by stated exc;epIioIl$ such as holdback monies;
b) evidenc:e salisfac:;toIy to the Contract Administrator that the Sulll:ontracklr has discharged al
IiabiIiIias incurred in carrying out the SlltMlo.bact;
c;)a satisfactory clearance alItific;ale or IetIer from the Workplac:e Safely and Insurenc;e Board
relalillg to the SUlxxAfb....t, and .
d) a c:opy of the "",.baOtbetween the Contractor and the SlIb<MlbcoCb and_llsatisfactoly statement
showing the total amount due the Subcontractor from the Cu..tl....tu..
.02 Paragraph GC 8.02.03.03.01 d), wiU only IIpply to Lump Sum Items and then only when the Contract
Administrator spec:ific;aIIy requests it
.03 Upon receipt of the statutory holdbadt, the Contractor -shall-forIhwilhgiYEHhe Subcontractor the
payment due under the subc;ontract.
.04 Release of statutory hokIback by the Owner in respect of a- subC:O"b act shall not relieve the
Contractor, or theConlreclOl's Surety, of any of their responsibililias.
GC 8.02.03.04
Ce.1Ific:IlIIon of Substanllld Performance
.01 Upon applic::aIion by the C""tl-ro. and where the Contract has been substanliaHy performecI the
Contract Administrator wIU issue a Certificate of Substlll dilIl Performance.
.02 The Contract Admb listIa.. wiD set out in the CerIffic;ate of Substantial PerformlInc:e the date on which
the Contract was ".bslaIdially performed and within 7 Days lifter signing the SlIid c:ertIIk;ate the
Contract Administrator wi! provide II copy to the Co..b ac;to(.
.03 Upon receipt of II copy of /he CerIificaIlI of SubstantilII PerformlInc:e, the Contractor shall forIhwiIh, as
required by Section 32(1) Paragraph 5 of the ConstroctIon Lien Act, R.S.O. 199o, c.C.30, as
llmended, publish a copy of the c:arIific:ate in a c:onstrudion trade newspaper. Such publication shaH
include plac:ament in the 0aIIy CornmelciaI News.
OPSca..wCGlllllloo..of~-SI.1 ....1.
PIge ~
.04 Where the Co.,b.....b... fails to publish a copy of the Cel1ificabo of Subslanlial PeIfonnance as required
above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the
Ot.mer may publish a copy of the c:er.lfkiclbo at the ConlraclOI's expense.
.05 Except as olherNise 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 Certifica~, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GC8.02.03.05
Substantial Perfonnance Peymentand Substantial Perfonnance StatutoIy
Holdback ReIe_ Payment Certlfic:ates
.01 When the Contract Adminisb..~ issues the Cerlificate of Subslanlial PerfOrmance the Contract
,- Administrator wiD also issue the Subslantial Performance Payment CertiIicCIlt: and the Substantial
f>erformance Statutory Hokfback Release Payment Certificate or where appropriate, a combined
,~nt certificate. :
,-_100000.. ,....... .
.~
.02,~ Substanlial PelfollllanC8 Payment Certilicale wiD show,
"i}"'thevalue of Wont perfOlllled to the dale of Subslalotial Performance;
_ b) the value of outstanding or incomplete Work;
. c) the amount of the stalutllry holdback, alowing for any previous releases of statutory holdback to
the eo........tur in respect ofClOl1Ipleted sUbcu..tl-tl. and deliveries of pre seln;lIed equipment;
d) the ~ of maintenance secuily required; and
" e) the amount due the Co.lbcor.;M.
.03 _ Payment of the amount certified wit be made within 30 D8ys of the elate of Issuance of the payment
, cerlilicale.
.04 The Substantial Performance Statutory Holdback Release Payment CeItificate will be a payment
certilicale releasing to the Cu..t...ctu. the statutoryhoklback due in respect ofWolt performed up to
the date of Subslanlial PerfOI ,,_. Payment of such statutory holdback shall be due .c6 Days after
the dale of publkatioo of the CeI1lflCabo of Subsl:a.diat PelformanC8 but subject to the pIOVisIons of
the Consltuction LIen Act and the subnission by the Cu.1b.....b... of the following documents:
a) a release by the Co.Ib-.luf in a form salisfadoi'Y to the Contract Admlnlstlalot releasing the
Owner from sA further claims relating to the Contract, quarlfied by staled exceptions such as
, outstanding work or mattars arising out of subledion GC 3.14, Claims, Negotiations, Mediation;
b) a statutory declaration in a form sali&ractuoy to the Contract Adminislrator that aU IlabIIilies incurred
\iby the Conllac:tOl and the COlkllac:luo'$ Subco./b..;tuls In carrying out the Contract !\lIVe been
" " CIisdlarged except for stalutllry hoIdbacks property retained; -
c} a salibradDiy Certificate of Clearance from the Workplace Safety and Insurance Board; and
- '~proof of publicalion of the Cerlilicale of SubslaIIliaI Performance. "
GC 8.02.03.06
Certification of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completion. the Conlracl
Admilislrato. wit issue a Completion Certificate.
.02 Thlt Contract Administrator will sat out in the Comp/eIion Certificate the elate on which the Work was
comp/eled and within 7 Days of signing the said certifICate the Contract Administrator wiH provide a
copy to the Co..ll........
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Poge 38
OPSGenwllCoo IIIIllllaf~.S." _ tllllt
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Completion Payment and Completion Statutory Holdback Release
Payment CertlflClltes
.01 When the Contract Adminislrator issues the Completion Certilicale, the Conlract Adminislrator will
also issue the Completion Payment Certificate and the Completion Statutory HoIc:Iback Release
Payment CertIfIcate or where appropriate, a combined payment ceItiIicate.
GC 8.02.03.07
.02 The Comp/etion Payment Cerlificale will shaw,
a) measurement and value of Work at Completion; , '
b) the amount of the further statutory holdback based on the value of further workcompleled over
and above the value of work completed shown in the Substantial Perfonnance Payment Certificate
refooed to above; and
c) the amount due the ec...b.....tl)(.
.03 The Completion Statutory Holdback ReIn,. 'PaymenLCerlificaleJlIIilhtJ,e"a, paymentQei1ific;ate
. releasing to- theCOl ,baGtor'the.further SIlItlltorY 'hciIdbaclC" Payment.af.sucbislalutory holdback shaD
, be due 46 Days after the date of CompIelioi'iiOfJheWorkJlS"I"~~pIetion.Certificate
but subject to the provisions of the ConstnJdion UenAcf:and1he'$UbmIssIon.t!j'the eo. d18!ltor of the
following documents:
a) a release by. the Coldlactor in a form satisfactory to the Conlract Administrator releasing the
0INner from aU further claims relating to the Contract, qualified by staled' exceptions where
approptiate; ,
b) a statutory declaration in a form satisfactory to theConlract Administrator _ alIliabUities incurred
by the eo.,bactor and the Contractor's &Axxlolllactols in canying out the Contract have been
cflSCharged, qualified by staled excepllo..s where appropriate; and
c) a satisfactory CertifICate of Clearance from the WOltcplace Safely and Insurance BoaRI.
GC 8.02.03.08
Interest
.01 Interest due the Conlractor is based on simple interest and is caIcuIated'using the appracable Rate of
Interest.
GC 8.02.03.09
1ntenl8t for Late Payment
.01 Provided the Contractor has complied with the requirements of the Contract including all
documel,talion requirements, when payment by the Owner to the Conlractor for Work performed, or
for release of statutory holdback, is delayed by the OWner,then theConlractor shall be entilled to
receive interest on the outslanding payment at the Rate 'of'lnterest,'itpayrnerl.\'is not received on the
dates set out below: '
a) PlOgIess Payment CeltifIc;a\es: 30 Days afterthe Cut-OIf Dale;
b) Certificate of SUbcontract Comp/etion:. 30 Days after the dateoertlliechs'the date on ,which the
subcOl dI act was compIeled;
c) SUbcOlltracl Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
sub..uo.b.....l was compIeled;
d)' Sllbslao ltiaI Performance Payment Certificate: 30 Days after the date of issuance of the oertiIicate.
e) SUbstantial Performance Statutory Holdback Release Payment CerIiIk.att.: 76 Days after
publication of the Payment ee...... of SUbstantial Perfonnanoe;
1) Completion Payment CectIIicate: 30 Days after the date certified as the date on which the
Conlract reached Completion;
g) Completion Statutory IioIcIb9cIt ReteISll Payment CertIfIcate: 76 Days after the date certIlIed as
the date which the Work was compIeled.
.02 If the Contractor has not COhlplied wIlh the requirements of the Contract. including all documel.tation
requirements. prior to ""fl/lodloil of the time periods dascrlbed in paragraph GC 8.02.03.09.01,
interest will only begin to accrue when the Conlractor has completed those requinernenls.
OPS a.n..r Cl PI'IIl" <II ConlnlCI. s.,.1lber 1_
PIge 31
PIIge 40
opso..-(' '11 ..tJlConncI......._,.
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GC 8.02.03.10
Intenl8t for Negotiations and Claims
.01 Except as hereinafter provided, where a notice of negoliation, notice of intent lD claim and the
subsequent claims are submitted in accordance with the time limits and/or procedure described by
subsection GC 3.14, Claims, Negolialioils, Mediation, the Owner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for tilat part of the Work or on the amount of the settled
claim. Such interest will not commence until 30 Days after the &atisl....Io..y completion of that part of
the Work.
.l-'''.t.~..
.02 : Where the Contractor does not attempt lD resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
.03 Where the Contractor fails lD give notice of a claim within the time limit prescribed by subsection GC
'3.14, Claims, Negotiatiu.lS, Mediation, interest shall not be paid.
.04 ,~.a CO..b....tur fails to comply with the 3O-cIay lime limit and the procedures prescribed in
; PEiiagrtlph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period.
-................ . -
.^.....~....
GC 8m:o~11
Owner's Set-off
.01 . PlIlSU8Ilt lD Section 12 of the Const1Uction Lien Act, the Owner may retain from monies owing lD the
COllbactor under this Contract an amount sufficlant 10 cover any outstanding or disputed labilities
including the cost lD remedy deficiencies, the reduction in value of subslandard portions of the Work,
claims for damages by third p8I1ies which haw not been determined in writing by the Contractor's
insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and IIISUl'lnl8 Board end any monies lD be paid 10 the workers In accordance
with clause GC 8.02.06, Payment ofWOIkers.
.02 Underthese circumstances the OWner wilgive the Contractor appropriate notice of such action.
GC 8.02.03.12
Delay In payment
.01 The OWner shall not be deemed lD 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.
GC8.02.D4
Payment on a TIme and Material BasIs
,
GC8~1 DefInitIons
.01 FOf>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 incuned direclly by the Contractor to or In respect of labour and supeNision actively
and necessarily engaged on the Work based on the recorded lime and hourly rates of pay for such labour
and supervision, but shall not include any paymilnt or costs inCImld for general supeNision,
adminisbation of management time spent on the entire Work or any wages. salary or Payroll Burden for
which the Contractor is compensaled by any payment made by the Owner for Equipment
Cost of MaterIal: means the cost of Material purt:hased, or supplied from stoc:k, and valued at current
market prices, for the purpose of canying out ExlraWork, by the Co.,b~, or by others when such
arrangements have been made by the Col,bactllo for completing the Work, as shown by itemized invoices.
Operated Rented EqUipllliMt me-. Rented EquipnIent for which an ~ab..o is provided by the
supplier of the equipment and for which the I8IIt or Ie8se includes the cost of the 0tA04lb..o.
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Payroll Burden: means the payments in respect of workplace insurance. vacation pay, employment
insurance. public liability and property damage insurance. sickness and accident insurance, pension fund
and such oCher weIfa!e and benefit payments forming part of the Cotlb<lCtol's norma/ 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 COlJlOI alion 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 Contracl Administrator.
Road Work: means the preparation,conslruclion, finishing and conslruclion maintenance of roads,
'streets; highWays and' parking lots and incIudesal work inc:idenlallhereto other than work on slrucIures.
Sewer . and Watennaln Work: means the preparation, oonstruction, finishing and oonstruclion
. maintenance of sewer systems and watermain systems, and includes aU work Incidenlal thereto other than
work on slrucIures.
Standby.._:'means any'period of lime Whichis'not-oon$ideredWorking!rVli:t"",ii:l which lDgether with
the WorldngTme does llOtexceed10 hoiJrs:lrullly;one>Worldng;Daycand-dudrig which lime a unit of
. equipment cannolpractically be used onother..wortc-butml""l."".....:on.the':Site:fn:orderto.oontinue with
its assigned1ask and dllring which time the unit is in ruityoperable condition.
Structure Work: means the oonstruclion. reoonstruclion, repair, aIteI atior~ remodelling, renovation or
, demolition of any bridge, building. tunnel or retaining waR and includes the preparation for and the laying of
the foundation of any bridge. building, tunnel or' retaining waR and the Installalion of equipment and
appurtenances incidenlallhereto.
The 127 Rate: means the rate for a unit of equipment as listed in'OPSS 127, SchedIIIeof Rental Rates
for Construclion Eqllipment Inc:Iuding Model and Specification Reference, which is current at the time the
WOIk is carried out or for eqllipment 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 .._ -and MaterIaJ Basis: means Changes in the Work, Extra Work and Additional Work
approved by the Contract Adminlstratorforpaymenlon a Tme 1lIld Material.basis. The Work on a TIll1e
. and . Material Basis shell be subject to all the terms, conditions, specifications. and provisions of the
Contract.
. Working TIme: means each period of time dllring which a unit of.equipment is. actively and of necessity
engaged on aspeclficOpelation and the first 2 hotnofeach,~iso~,foIIowingperiod dllr:ing which
the unit is not so engaged but during which the opendiorFis.otherwise:proceediagand during, which time
the unit cannot prac;ticaIIy, be transfemld to other work butmustremain.on the sitein order to continue with
its assigned tasks and dllring which time the unit is in a rullyoperable oondilion... .
GC 8.02.04.02
Daly Work Records
.01 Dally Work Records JlIepared as the case may be by either the Co.,bcdu(s representative or the
. Contract AdriIinislr8tor and 'reportillgthe labour and EquIpment employed and the Material used on
each Time and Material project, shell bereoonciled and signed each day by both the Contractor's
representative and the ContracIAdministrator.
GC 8 02 04.03
Payment for Work
.01 Payment as herein provided shall be full COI'lP8Ilsalion for "labour, Equipment and MalerIal to do
the Work on a Tme and Material Basis except where there is agreement to the contrary prior to the
CClITIIll8IlCem of the Work on a TIme 8nd Yale rial BasIs. The payment adjlmb..".lls on a Time and
Material basis shall apply to eMlh indivldueIChange Order authorized by the Contract Administrator.
OPSGenemI eoo_.. of Connc:l-Sel*o_ ll11l8
"-41
GC 8.02Jl4.04
Payment for Labour
.01 The Owner will pay the Contractor for labour employed on each Tillie and Material project at 135% of
the Cost of Labour up to $3000, then at 120% of any portion of the COst of Labour in excess of
$3000.
.02 The OWner will make payment in respect of Payroll Bunlen for Work on a Tune and Material Basis at
the ContIacto(s actual cost of Payroll Burden.
.03-At the Owner's discretion, M aucfll may be conducted in which case the actual Payroll Burden so
determined she. be applied to aD Tillie and Material work on the Contract.
GC 8,02.G4 05
P8yment for MaterIal
.01 The Owner will pay the Contractor for Material used on each Tme and Material project at 120% of the
..gjlstof the Material up to $3000, then at 115% of any portion of the Cost of ~lln excess of
. ";$IlOOO.
GC~I;~
P8yment for Equipment
GC 8.02.04.06.01
Wortdng TIme
.01 The Owner will pay the Contractor for the Wolldng Tune of aU eqUipment oth8r than Rented
Equipment and Operated Rented Equipment used on the Work on a Tine and Material basis at The
127 Rates with a cost adjustment as foIows:
a) Cost $10,000 or less - no adjustment;
b) Cost greateI than $10,000 but not eoo:eeding $20,000 - payment $10,000 plus 90% of the portion
in excess of $10,000; and
c) COst greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner wi! pay the Cotlb....b..r for the Working Time of Rented Equipment used on the Work on a
Tme and Material Basis at 110% of the invoice price approved by the Contract Admlnlstnltor up to a
maximum of 110% of The 127 Rate. This conslraint wiD be waived when the Contract Admlnillb"""
approves the irwoice price prior to the use of the Rented equipment.
.03 The OWner wiI pay the Contractor for the Working Time of Operated Rented equipment used on the
Work on a Tme and Material BasIs at 110% of the OpeIated Rented Equipment invoice price
aPJlRl'ol$d by the Contract AdministnItor prior to the use of the equipment on the Work on a Time and
. MiteriaJ BasIs.
GC 8;02104;06.02
'"
Standby TIme
.01 The Owner win pay the Contractor for Standby Tune of Equipment at 35% of The 127 Rate or 35% of
the Invoice price whichever Is appropriate. The Owner wi. pay reasonable costs for Rented
Equipment where this Is necessarily retained In the Working Area for extended periods agreed to by .
the Conlract Administrator. this will include Rented. Equipment intended for use on other work, but
has been idled due to the cln:umslances giving rise to the Work on a Tine and Material BasIs.
.02 In addition, the Owner win Include the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the slandby period or during the period of idIenass caused by
the CilQllllstallCe6 giving rise to the Work on 8 Tine and M~ BasIs.
.03 The Conlract AdminIslIato. may require Rented Equiphlent idled by the ciraJmstanoes giving rise to
the Work on T_ and Material BasIs to be relUmed to the lessor until the work requiring the
equipment can be resumed. The Owner wKl pay such costs as ~It from such retum.
P_42
OPS~COO""_ d~- SepIol._ tlllMl
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.04 When Equipment is transported. solely for the purpose of the Work on a Tme and Material Basis, to
or from the Working Area on a Tme and Material basis. payment will be made by the Owner only in
respect of the transporting units. When Equipment Is moved under its own power it shall be deemed
to be worlcing. The method of moving Equipment and the rates shaD be subject to the approval of the
Contracl Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 Notwithstanding any. other provision of this Section. .nopayment shan be.made to.the.Contractor for
. or in respect of Hand Tools or equipment that are tools of the trade.
GC 8.02.04.08
Payment for Work By Subcontractors .
.01 Where the ContracIDr ananges forWork on a.TITIe and Material Basis,or.a part of it, to be performed
. by SUbcontractors.... on .a.Tme and ,Material .basIs.,.and...has~..appIpV.8I,. prior to the
commencement .of:such'.work:~in' acoordallce witfldhEh'.requDmenls~'GC 3.10.
SUbContrac:ting bytheCOhbactor; the Owner wiD paythe:cost!of~.,onk.rlRle<~riaI BasIs
by1he SUbcontracbil ~"*<I'8SjftheContracklrhad-don&tbe,W~TIme;and.Material Basis,
p1us1l marIcup calcldated on the following basis:
a) 20% of the first 13.000; plus
b) 15% of the amount from 13.000 to $10,000; plus
c) 5% of the amount in excess of $10.000,
,00.No fIa1her markup wiD be appIiedregardless.of.the extent towhlch.the work is assigned or sublet to
. . ,others; If work 1s;8ssignedor,subIet..to anan')(;~..as defined by.theSecu1ities.Act no markup
whatsoever wiD be appflell. .
GC 8.02.04.09
Submission of Invoices
.01 At the start of.the Work on a Tme and Material Basis, the COllbac.1Dr .shalI.provide,the applicable. .
. labour and Equipment rates not already submitted to. the Contract AdministralDr during the course of
such work.
.02 .Separat&summariesshaR be'completed by the Contractor .........di..gto thestaodard for.m."SUmmary. . .
for Payment of Ai:counts on a Tine.and Material BasIs", . Each summary shall include the order
number and covering dates of the work and shall itemizeseparalely labour. MaleriaIsand Equipment
.Invoices.for Materials, Rented Equipment and olher charges incurred by the Coi,bactor on the Work
on a Tine and MaleriaI Basis ~be lncIudecI wilheachsumma/Y,..,...,.,.,_",. .~'"~.,..._,.
:1>3 Each monththe.ConIractAdn.a.istlatorwl indude.with themqnthly~~~tilYte. the
costs of the Work on a Tine and Material Basis incumld during' the preceding month all in
accordance wilhthe COIdracl. administraliVe procedures and the Coo m.........s invoice of the Work on a
TITle and Material Basis.
.04 The finaI"SllIllI1l8IY for Payment of Ai:counts on a Tme and Material Basis" shall besubmitled by the
Contractor within 60 Days after the completion of the Work on a nne and Material BasIs.
GC 8.02.05
FInal Aeceplance certificate
,01 After the acoeplance of the .Work .the Contract AdminisIralDr will Issue the Final ACceptance
Cerllfic;ate. or. where applicable. after the Warranty Period has expired. The Final Acceptance
CerliIitaIe wiD not be Issued unllIlIII known defic;iencies have bean adjusted or corrected. as the case
may be. and the CoIItradDr has discharged aU oblIgatiotlS under the Contract.
OPS GlIrwoI Condltl... afCclllncl. s.,A>...... 1898
hoe 43
GC 8.02.06
Payment of Workers
.01 The Contractor shaH, in addition to any fringe benefits, pay the worken; employed on the WOIk in
accordance with the labour conditions set out in the contract and at intervals of not less than twioe a
month.
.02 The Contlaclor shall require each Subcontractor doing any part of the WOIk 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 Coldractor shaH maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising tIlet efrom. SUch Records shaH be of sufficient detaU to SUpport the
total cost of the Work, Changes in the Work, and Extra Work. The Conlraclioo shaD preserve all such
" original Records unbl 12 mouths after the FInal Acceptance Certificate is Issued or until aI claims
have been sellled, whichever is longer. The Contractor shaI require that SubConlraclols employed
by the Contractor preserve aH original Records pertaining kl the Work, Changes in the Work, Extra
Work and claims arising tIlet efrom for a sImIar period of time.
.02 If, in the opinion of the contract Adminislralor, Daly Work Records are required, such records shall
report the labour and Equipment employed and theMalerlaI used on any speclIlc portion of the Work.
The Daily Work Records shan be rllcollclled with and signed by the Co"tl~ lllpTeu'lh!lllve each
da~ '
.03 The Owner may inspect and audit the Contractor's Records relallng to the Work, Extra WOI1t and
Changes in the Work at any time during the period of the ~ The Contractor shaH supply .
certified copies of any part of lis Records required whenever requeSled by the Owner.
GC 8.02.08
Taxes and DutIes
.01 Where a change in Canadian Federal or Provincial taxes occurs after the cIate of tender closing for
this Contract, and this change coukl not have been anticipated at the time of bidding, the Owner will
increase or decrease contract payments to account for the exact amount of lax change involved.
.02 Claims for compensation for addilionaI tax cost shan be submIItec:I by the Contractor to the contract
Adminislrator on forms provided by the Contract Adminislnllor to the Contractor. SUch claims for
addillonal tax costs shaH be submiIIed not less than 30 Days after the date of Final Acceptance.
.03 Where the Collbactor benefits from a change In Canadian Federal or Provincial taxes, the Contractor
shan submit to the Contract Adminislrator, on forms provided by the Contract Adminislrator, a
statement of such benefits, This "Il:dtn,l8lIt shall be SlJbmilIed not later than 30 Days after Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon cormnodities, which when left in
. place form part of the finished Work, or the provision of servioes, where such services form part of the
Work and where the manufaclure or supply of such COIllI1'lClCIil or the provision of such services is
carried out by the Co..balohn or a SUbcontlacll:>l, are SUbject to 8 c:IaIm or benefit as detailed above.
Services in the IaUer context means the supp/y and openIIiot. of eq\Iipment, the provision of labour
and the supp/y of commodilies, wl1Ich do not form part Of the Work.
Pave 044
ops,~eo..cIIIloftoor~.S.pla_111ll1
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GC 8.02.09
Uquidated Damages
.01 When Iquidated damages are specified in the Contract and the Contractor faits to complete the Work
in accordance with the Contract. the Contractor shaD pay such amounts as are specified in the
Contract Documents.
OPS ~ CondlIlona 01 Conlr8d - s..,.Ioo...... ,-
poge .5
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