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Home My WebLink About94-181 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW #94-181 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Oshawa, Ontario for the Wilmot Creek Pedestrian Bridge, Clarington Waterfront Trail. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between Ron Robinson Limited and said Corporation; and 2. THAT Schedule "A" attached hereto forms part of this By-law. By-law read a first and second time this 28th day of November, 1994. By-law read a third time and finally passed this 28th day of November, 1994. qtj-/gI =dla;r~gt;;n ONTARIO - I~ totten sims hubicki associates engineers architects and planners I I I I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON WILMOT CREEK PEDESTRIAN BRIDGE CLARINGTON WATERFRONT TRAIL CONTRACT NO. CL94-40 October 1994 totten sims hubicki associates Engineers, Architects an~ Planners TSH No. 12 10357 I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT made in Quadruplicate this 2nd day of November 1994 BETWEEN: RON ROBINSON LIMITED of the Regional Municipality of Durham and Province of Ontario hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - the CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Purchaser" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page 1 of 3 I I I I I I I I I I I I I I I I I I I DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Municipality of Clarington Contract No. CL94-40, Wilmot Creek Pedestrian Bridge, Clarington Waterfront Trail A. TENDER FORM: General Itemized Bid Bonds Schedule of Tender Data B, INSTRUCTIONS TO TENDERERS C. SPECIAL PROVISIONS - GENERAL D. SPECIAL PROVISIONS - TENDER ITEMS E. PLANS: Pages 1 and 2 Page 3 Page 5 Pages 1 to 4 Pages 1 to 24 Pages 1 to 9 Drawings No.1, Sl and S2 F. STANDARD SPECIFICATIONS: applicable edition of the following Ontario Provincial Standard Specifications. OPSS No, Date 127 Current 128 Current 201 Apr. 1987 206 Dee, 1993 212 Dec. 1993 OPSS No. 314 501 510 511 902 Date Dec. 1993 Dec. 1987 Ocr. 1993 Feb. 1990 Dec. 1983 OPSS No. 903 904 905 906 913 Date Dec. 1983 Dec. 1983 May 1994 Feb. 1993 Sept. 1993 G. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before Friday, December 23, 1994. IN CONSIDERATION WHEREOF said pany of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender, This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser, Page 2 of 3 I I I I I I I I I I I I I I I I I I I 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 in the presence of ) ) ) ) ) ) ) ) ) ) ) ~p~~~ - J ^1:L ,j;L ~ SIGNED and sealed by the Purchaser in the presence of ) ) ) ) ) ) ) ) ) ) ) /J1ILAJ/~1 IJ/JL/ T V OF t"LA,,{'IIVt5-TDJ.! "'-' Page 3 of 3 I I I I I I I I I I I I I I I I I I I PROJECT: AUTHORITY: CONTRACT ADMINISTRATOR: TENDERER: TENDERS RECEIVED BY: 13176Alfl TENDER FOR CONTRACT NO. CL94-40 CORPORATION OF THE MUNICIPALITY OF CLARINGTON TOTTEN SIMS HUBICKI ASSOCIATES ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET, P.O. BOX 910, COBOURG, ONTARIO, K9A 4W4 Telephone: 905: 372-2121 Fax: 905: 372-3621 RON ROBINSON LIMITED Name 463 Taunton Road E. Oshawa. Ontario. LIH 7K5 Address (include Postal Code) (905) 576-1100 (905) 432-1374 Telephone and Fax Numbers Ronald Robinson Name of Person Signing President Position of Person Signing Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Adminsitration Centre 40 Temperance Street BOWMANVILLE, Ontario. LIC 3A6 Page 1 of 5 pages I I I I I I I I I I I I I I I I I I I TENDER CONTRACT NO. CL94-40 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL94-40 Wilmot Creek Pedestrian Bridge, Clarington'Waterfront Trail 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 certified cheque in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority, This cheque shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100 % Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority, within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 5 pages I I I I I I I I I I I I I I I I I I I I ITEMIZED BID CONTRACT NO. CL94-40 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL94-40 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions (P) - Plan Quantity Payment Item Item Spec. Description of Item Unit Quantity Unit Price Total No. No. 1. 201,206 Access Routes and preparation 212,510 of the Site LS $4,825.00 $4,825.00 902,SP 2. SP Silt Fences m 40 7.80 312.00 3. 902 Earth Excavation for Abutment m3 11 78.00 858.00 SP Grade Beams 4. 903 Supply Equipment for LS 5,646.50 5,646.50 Installing Caisson Piles 5, 903,904 Concrete Caisson Piles m 17 488,00 8,296.00 905,SP 6. 904,905 Concrete in Abutment Grade LS 10,631.00 10,631.50 SP Beams 7, 906 Supply and Install 17,068 m x LS 34,149,01 34,149,01 SP 3.048 m Footbridge Superstructure 8. 314,501 Granular Backfill to Structure LS 2,860.00 2,860.00 902,SP 9. 511 Rip Rap m3 5 143.00 715.00 SP 10. 913 Provisional Item: LS 260.00 260.00 SP Suspended Work from Structure: Ontario Hydro TOTAL (excluding GST) $68,553.01 GST (7% of Total) 4,798.71 Tenderer's GST Registration No. RI04620729 Page 3 of 5 pages I I I I I I I I I I I I I I I I I I I AGREEMENT TO BOND (to be completed bv Bondin2 COIDDaDV) CONTRACT NO. CL94-40 Bond No. 302015/12 WE, the Undersigned, HEREBY AGREE to become bound as Surety for RON ROBINSON LIMITED in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender Amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender Amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract Ko, CL94-40, is accepted by the Authority , IT IS A CONDITION of this Agreement that if the abo\'c mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Pa~ment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT Toronto this 25th day of October 1994. The Guarantee Company of North America Name of Bonding Company Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) Brian Edmunds. Attorney-in-Fact Position (This Form shall be completed and attached to the Tender Submitted). Page 4 of 5 pages I I I I I I I I I I I I I I I I I I I I SCHEDULE OF TENDER DATA CONTRACT NO. CL94-40 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Page 3 Agreement to Bond Page 4 Schedule of Tender Data Page 5 B. INSTRUCTIONS TO TENDERERS Pages 1 to 4 C. SPECIAL PROVISIONS - GENERAL Pages 1 to 24 D. SPECIAL PROVISIONs - TENDER ITEMS Pages 1 to 9 E. PLANS: Drawings No. 1, SI and S2 F, STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications, OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 314 Dec. 1993 903 Dec. 1983 128 Current 501 Dec. 1987 904 Dec. 1983 201 Apr. 1987 510 Oct. 1993 905 May 1994 206 Dec. 1993 511 Feb. 1990 906 Feb. 1993 212 Dee, 1993 902 Dee, 1983 913 Sept. 1993 G. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL94-40, executed by me/us bearing date the 28th day of September 1994. SIGNATURE: &/~~~ Ronald R. Robinson ----- POSITION: President (COMPANY SEAL) NAME OF FIRM: RON ROBINSON LIMITED This is page 5 of 5 pages to be submitted as the Tender Submission for Contract No. CL94-40. I i I I I I I I I I I I I I I I II I I II CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL94-40 INSTRUCTIONS TO TENDERERS I I I I I I I I I I I I I I I I I I I INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL94-40 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) . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . .. 2 10. EXECUTE CONTRACT ........................... . . . . . . . . . . . . .. 3 11. LOCATION................................................. 3 12. SOILS INFORMATION ......................................... 3 13. TENDERERS TO INVESTIGATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 14. INQUIRIES DURING TENDERING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 15. AWARD OF THE CONTRACT .................................... 4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR ........................... 4 17. ADDENDA................................................. 4 I I I I I I I I I I I I I I I I I I I PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL94-40 1. GENERAL SEALED Tenders plainly marked "Contract No. CL94-40" will be received until: 2:00 P.M. WCAL TIME, FRIDAY, OCTOBER 28TH, 1994 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street Bowmanville, Ontario. LIC 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. $ 20,000.00 or less 20,000.01 to 50,000.00 50,000.01 to 100,000.00 100,000.01 to 250,000.00 250,000.01 to 500,000.00 500,000.01 to 1,000,000.00 1,000,000.01 to 2,000,000.00 2,000,000.01 and over ............_--..-............................. .............--.-----.......................... ................................................ ............................................... ................................................ .....MIwm9mq~P9$~~ .........)..-ItQij(~~? $500.00 1,000.00 2,000.00 9,000.00 19,000.00 40,000.00 75,000.00 150,000.00 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. I I I I I I I I I I I I I I I I I I II INSTRUCTIONS TO TENDERERS CONTRACT NO. CL94-40 2. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to lOO percent of the Total Tender Amount, including Goods and Services Tax, to guarantee his faithful performance of this Contract and his fulfIlment 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. 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. 9. GOODS AND SERVICES TAX (GS'l) 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 I I I I I I I I I I I I I I I ,I I I II INSTRUCTIONS TO TENDERERS CONTRACT NO. CL94-40 3. Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT 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. The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of the General Conditions, 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. LOCATION The work is located over Wilmot Creek in Lot 31, Concession B. F., 'Clarke', Municipality of Clarington, the Regional Municipality of Durham. 12. SOILS INFORMATION A foundation investigation has been undertaken on behalf of the Authority and the report and other findings are available for review at the office of the Contract Administrator. The information provided is for guidance only and is not guaranteed by the Authority. 13. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory,arrangements for interference with such service with the proper jurisdictional agency. I I i I I I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL94-40 4. 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, Totten Sims Hubicki Associate. Inquiries for structural works should be directed to Mike Shallhorn, P.Eng. Telephone: 905-668-9363. Don Bourne should be contacted regarding all other matters. Telephone: 905-372-2121. 15. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Ministry of Natural Resources, Ontario and the Ganaraska Region Conservation Authority. 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" or the Regional Municipality of Durham. 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. I I I I I I I I I I I I I I I I II I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL94-40 SPECIAL PROVISIONS - GENERAL I I I I I I I I I I I I I I I I I I I INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL94-40 CLAUSE SUBJECT PAGE 1. GUARANTEED MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. CONTRACT TIME AND LIQUIDATED DAMAGES ....................... 1 3. CONTRACTOR'S AUmORIZED REPRESENTATIVE ..................... 2 4. OPS GENERAL CONDmONS . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. REVISION TO OPS GENERAL CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . " 2 6. LAYOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 2 7. LABOUR CONDmONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3 8. RESTRICTIONS ON OPEN BURNING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 7 9. SUPPLY OF MATERIALS ....................................... 7 10. PAyMENTS................................................. 8 11. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 12. UTILmES.................................................. 10 13. HAUL ROADS ............................................... 10 14. DUST CONTROL ..........................,.................. 10 15. EMERGENCY AND MAINTENANCE MEASURES. . . . . . . . . . . . . . . . . . . . . " 11 16. ENGINEERING FIELD OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11 17. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ................. 12 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) . . . .. 15 19. SPILLS REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 16 20. CONCRETE MIX DESIGNS ...................................... 16 21. TREE PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 19 22. APPLICABLE STANDARD SPECIFICATIONS .......................... 20 23. GOVERNMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 20 24. DELIVERY OF TEST SAMPLES ................................... 20 25. REVISIONS TO OPS GENERAL CONDITIONS GC6.03.02 .................. 21 26. PROTECTION OF WATER QUALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 21 27. REVIEW OF SHOPIWORKING DRAWINGS. . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 28. AMENDMENT TO OPSS 1301 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 29. GROUND GRANULATED BLAST FURNACE SLAG . . . . . . . . . . . . . . . . . . . . .. 23 30. NOTICE TO CONTRACTOR RE PREFABRICATED STRUCTURAL STEEL SUPERSTRUCTURE ........................................... 24 I I I I I I I I I I I I I I I I I I I PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 1. GUARANTEED MAINTENANCE The Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months in accordance with Section GC7.15.02 of the General Conditions. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section, 2. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC1.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defined in GC 1.06 of the General Conditions by Friday. December 23rd. 1994. If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefor. (3) liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract is not completed by the date specified, or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 2. 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 Four Hundred ($400.00) dollars as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for completion. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7. 0 1. 07 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, August 1990. 5. REVISION TO OPS GENERAL CONDITIONS . Payment on a Time and Material Basis: Section GC8.02.04.01, Defmitions, is hereby revised by the addition of the following under "Payroll Burden": Payment in respect of payroll burden shall be made at the following rates currently in effect: (i) Road Work - 26 percent of the wages and salary portion of the labour costs. (ii) Structure Work - 30 percent of the wages and salary portion of the labour costs. 6. LAYOUT Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: The Contract Administrator shall lay out and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. I I I I I I I I I I I I 'I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 3. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. 7. LABOUR CONDITIONS General This Special Provision is to be read in conjunction with Section GC8.02.06, Payment of Workers, of the General Conditions of the Contract and is subject to The Industrial Standards Act, The Employment Standards Act, 1980 and the regulations made thereunder. The wage rates set out in the Roads and Structures Fair Wage Schedule are subject to change periodically. Any increase in costs incurred by a change in the wage rates shall be borne by the Contractor. Definitions For the purposes of this Special Provision, (a) "regular rate" means, (i) the hourly rate paid to an employee for their normal non-overtime work week, or; (ii) in the case of an employee to whom sub-clause (i) does not apply, the amount obtained by dividing their total earnings for the week by the number of hours they worked in the week. (b) "work on roads" means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures; and; (c) "work on structures" means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge; tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto; provided, however, that the Minister of Labour, Ontario may at hislher sole discretion determine whether any particular work is to be classified as work on roads or as work on structures and such decision may be made notwithstanding the definitions herein contained. Hours of Work and Wages The regular work week for a person employed on work on roads being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 55 hours and I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS. GENERAL CONTRACT NO. CL94-40 4. all time worked by such person in excess of 55 hours a week shall be overtime except that part of the hours of work in excess of 55 hours a week which together with the hours worked in the preceding week do not exceed 55 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. The regular work week for a person employed on work on structures being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 50 hours and all time worked by such person in excess of 50 hours a week shall be overtime except that part of the hours of work in excess of 50 hours a week which, together with the hours worked in the preceding week do not exceed 50 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. Every person employed by the Contractor or a sub-contractor or other person to do any part of the work contemplated by this Contract shall be paid while employed on such work at not less than the wage rate set out in the Roads and Structures Fair Wage Schedule hereunder for the appropriate classification of such work or not less than such other wage rates as, during the continuance of the work, are fixed by the Minister of Labour, Ontario, for hours of work that are not overtime and shall be paid one and one half times hislher regular rate for all hours of work that are overtime. Notwithstanding that a Contractor pays wages in excess of the wage rates set out in the Roads and Structures Fair Wage Schedule hereunder, he shall not, in computing overtime wages payable to an employee, set off against such overtime wages any part of the wages earned by the employee in respect of their regular work period. Where a person is working on more than one Contract that is subject to these conditions, including any municipal Contract that contains similar labour conditions, the regular work week and the entitlement to overtime for that person shall be based upon the total hours worked on all such Contracts and if, on this basis, overtime is worked on this Contract the Contractor shall pay such person at the overtime rate and no waiver by that person of this entitlement to overtime wages and no interposition of a third party by way of an employment agency or as the nominal employer of that person shall relieve the Contractor of hislher obligation to pay that person the overtime wages. Decisions by Minister of Labour Where there is no appropriate classification set out in the Roads and Structures Fair Wage Schedule for any particular class of work, the Minister of Labour, Ontario, may designate or establish the appropriate classification and the wage rate. The Contractor, upon receipt of notice of any decision of the Minister of Labour, Ontario, made under this Contract, shall immediately adjust the wage rates, hours and classification of work so as to give the effect to such decision. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 s. Fair Wage Schedule The Contractor shall make applicable to this Contract and post, in accordance with Section GC7.11 of the General Conditions of the Contract, the current edition of the Ontario Ministry of Labour's Roads and Structures Fair Wage Schedule and any amendments thereto. Contractor to Keep Records Which are to be Open for Inspection The Contractor shall keep proper books and records showing the names, trades, addresses and hourly wage rates of all workers in hislher employ or employed on this Contract through an employment agency and the wages paid to and time worked by such workers both at regular wage rates and at overtime wage rates, and the books or documents containing such records shall be open for inspection by officers of the Government at any time it may be expedient to the Minister of Labour to have the same inspected. Ministry Requirements Before Payments Made to Contractor The Contractor shall from time to time upon request furnish the Ministry with such detailed information and evidence as may be required in order to establish that these labour conditions have been complied with not only by himlher but by any sub-contractor or other person doing any part of the work contemplated by the Contract. Off Site Work The Labour Conditions are intended for application primarily to work on the Contract site. Work that is carried out on sites that are not in the immediate vicinity of the Contract site or that are not used exclusively for the purposes of Contracts including Municipal Contracts, containing similar labour conditions will not be subject to the Labour Conditions. Training Period for Equipment Operators (a) Employees, other than students, learning to operate equipment are classified as "Apprentice Equipment Operators" during, (i) their first three months operating equipment which does not require a licensed operator; or (ii) their first 18 months operating equipment which requires a licensed operator. (b) The wages for apprentice equipment operators are as follows: Windsor Zone Hamilton Zone Toronto Zone Ottawa Zone Provincial Zone The wage rate for Cement Improver The wage rate for Asphalt Raker The wage rate for Asphalt Raker The wage rate for Skilled Labourer The wage rate for Skilled Labourer. I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 6. Pile Driver Employees other than an operator are to be classified as "Pile Driver Men" and shall be entitled to the wage rate for "Labourer" - Structure Section. Servicing of Equipment by Operator "On Site" The Operator shall be entitled to his/her wage rate for the work in accordance with the terms of the "Special Provisions - Labour Conditions." Travelling Time Travelling time will not be subject to the Fair Wage Schedule. The hours and wages or monies paid for travelling time are to be deleted from the wage record of an employee in computing his/her wage entitlement. Gravel and Chip Spreader - Provincial Zone Employees engaged in this classification of work shall be paid the wage rate of Equipment and Maintenance Operator, Group 'B'. Room and Board Allowance The amount of room and board allowance will be negotiated between the employer and employee but in no case will the net amount of wages due to an employee be less than such wages an employee in General Construction work would receive at the minimum wage and overtime at one and one-half times that rate for hours worked in excess of forty-four a week and the maximum deduction for Room and Board per week as allowed by Regulation under the Employment Standards Act. Farm or Industrial Tractors with Attachments The attachment must be power operated and be an integral part of the tractor. Wage Rates for Students (a) Students employed as FLAGPERSONS or W A TCHPERSONS shall be entitled to the wage rate for these classifications. (b) Students performing work in positions that are classified in the Fair Wage Schedule, other than FLAGPERSONS or WATCHPERSONS, shall be entitled to receive the student rate, notwithstanding the rate set out in the Schedule for the classification applicable to the work. (c) Students employed for more than three months in a classified position shall then be entitled to the wage rate for that classification. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 7. (d) Students performing work in positions that are not classified in the Fair Wage Schedule shall be entitled to receive the student rate, regardless of the location of the Contract. 8. 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. 9. SUPPLY OF MATERIALS All materials necessary for the proper completion of the work shall be supplied by the Contractor, except as specifically noted, and the payment provided in the Contract shall be deemed to include full compensation for the supply of such materials. Materials listed in OPSS 128 and as amended from time to time, shall be supplied only from sources designated in the Ministry of Transportation Manual of Designated Sources for Materials. Amendment to OPSS 128 Section 128.05.02 of OPSS 128 is amended in that the list of materials to be supplied from designated sources is revised: (1) By the deletion of the following: 6.05.05 6.80.30 6.85 6.85.25 9.15.70 9.20.10 Cable, extra low voltage (121.063) Filler, Petrolatum (121.120) Traffic SignallFlasher Equipment Flasher Beacon, Aluminum (121.310) Bearings Rotational Coal Tar Epoxy (2) By the addition of the following: 9.15.71 9.20.10 9.20.15 Bridge Rotational, Pot, Class 1A (Structural Steel) Coal Tar Epoxy (Structural Steel) Coal Tar Epoxy I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 8. 10. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2% percent of the total value of work performed beyond the expiration of 45 days from the date of completion of the work as established by the Completion Certificate, 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 to 2-112 %, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03(b). The Completion Payment Certificate to include statutory holdback release, will be issued within 120 days after the date for completion as specified under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 9. 11. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for any purpose in conjunction with the Contract, as follows: Date ........... .., ......... To: Mr. W.A. Evans, P.Eng. Director, Public Works Department Municipal Administration Centre Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario. LIC 3A6 Re: Contract No. CL94-40 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Corporation of the Municipality of Clarington from further obligations. Yours very truly, Signature Property Owner's Name........................... . Lot. .... . Concession. ......... Municipality of ........................................ (please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 10. 12. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 13. HAUL ROADS When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. 14. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor including the supply and application of water and calcium chloride used to reduce the dust caused by traffic on a roadway which is the Contractor's responsibility to maintain for public traffic. I I I 'I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 11. 15. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 16. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. Such facilities shall include, but not be limited to, a telephone and portable toilet. Where the field office is situated remote from a built-up area and where alternate toilet facilities are not available, the Contractor shall also supply an acceptable chemical or equivalent dry toilet, in a location convenient to the field office. The Contractor shall also include the supply of an OK.! Model 710 portable cellular phone as supplied by Rogers Cantel or approved equal, complete with batteries, charger, cigarette lighter adapter and operations manual, for the use of the Contract Administrator. Any alternate model must have the same features as those on the noted model and must be approved by the Contract Administrator. The phone shall remain with the Contract Administrator for the duration of the work. The Contractor shall make all necessary applications and pay all charges and fees related to the Cellular phone. Failure to supply a cellular phone may result in the Contract Administrator renting a phone and charging all costs incurred back to the Contractor. For the purpose of this tender, bidders shall assume an average monthly cost of $300.00 for air time and long distance calls. The Contractor shall not be entitled to extra compensation nor shall he be asked for a credit should the actual usage charges differ from this amount. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 12. 17. MANAGEMENT AND DISPOSAL OF EXCFSS MATERIAL (1) Scope This special provision defines the requirements for management and disposal of excess aggregate, rock, earth, swamp material, bituminous pavement, portland cement concrete, masonry, manufactured wood materials, natural wood materials, debris from open burning, and fabricated metal and plastic products. These requirements are in addition to those specified elsewhere in the Contract and do not relieve the Contractor of obligations imposed by the Contractor's Certificate of Approval for a Waste Management System. (2) Definitions Bituminous pavement: means any combination of asphaltic material and aggregate. Construction 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. Disposable fill: means excess material that is not disposed of at a certified disposal site, and that is disposed of as fill, other than in embankments. Earth: means earth as defined in OPSS 206, excluding any material not classified as soil. Excess material: means aggregate, rock, earth, swamp material, bituminous pavement, portland cement concrete, masonry, manufactured wood materials, natural wood materials, debris from open burning, and fabricated metal and plastic products that result from construction specified in the Contract and for which neither disposal nor use is elsewhere directed in the Contract. Fabricated metal and plastic products: means metal and plastic products such as culverts, fence materials, and guide rails, but does not include containers, other packaging materials, storage tanks, septic tanks, and ancillary equipment associated with sanitary sewage systems, septic systems, and fuel/lubricant dispensing and storage systems. Manufactured wood: means wood that is not entirely natural wood. Masonry: means clay brick and associated mortar. Natural wood: means stumps, trunks, branches, and debris from tree and shrub removal, and wood products that are not treated, coated or glued. Portland cement concrete: means concrete produced with portland cement, and includes concrete mixtures with portland cement, blended hydraulic cement, supplementary cement materials, spent debris and silica sand abrasive blasting media from abrasive cleaning of concrete and reinforcing steel, and can include embedded steel. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL9~ 13. Re-use: means utilization,' processing or re-processing of excess material into a construction material or other useful product, and disposal by these means, and includes stockpiling for re- use. Rock: means rock as defined in OPSS 206. Swamp material: means swamp material as defined in OPSS 209, excluding any material not classified as muskeg. Waste: means excess material that is not managed by re-use, open burning, or as disposable fill. (3) Submission and Notification Requirements 3.1 Notification of Site Selection and Property Owner Release Written permission shall be obtained from the Owner of property that is not owned by the Authority or designated for use in this Contract, prior to its use for any of the following: (a) Stockpiling for re-use. (b) Stockpiling for disposable fill. (c) Management as disposable fill. A copy of this permission shall be provided to the Contract Administrator a minimum of two weeks prior to commencement of such work. Upon completion of such work, a copy of a Property Owner's Release as set out elsewhere in the Contract shall be supplied to the Contract Administrator. 3.2 Notification to Ministry of the Environment Prior to commencement, written notification of the location(s) of the following shall be provided to the Ministry of the Environment (MOE): (a) Management of bituminous pavement and portland cement concrete as disposable fill outside the road allowance, right-of-way, or other Authority property, and (b) Open burning. In the event that MOE has concerns with the above location(s), further notification shall be provided until MOE concerns are addressed. The MOE Office to be notified is located at: 7 Overlea Boulevard, Toronto, Ontario. M4H lA8. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks prior to the commencement of such work. I I I I I I I I I I I I I I I I I. I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 14. 3.3 Submission of Certificate of Approval Where Section 4.5 of this special provision requires a Certificate of Approval for a Waste Management System, a copy of the Certificate shall be supplied to the Engineer prior to transporting excess material from the construction area. (4) Conditions for Management of Excess Material 4.1 General Except as otherwise specified in the Contract, excess material shall be managed by one or a combination of the following: (a) Re-use. (b) Disposable fill. (c) Open burning. (d) Disposal as waste. It is the Contractor's responsibility to obtain any approvals and agreements, either directly or in response to notification as specified in Section 3 above, that are required to implement the Contractor's strategy for the management of excess material. 4.2 Conditions on Management by Re-use Management by re-use for incorporation into the work shall be as permitted in the Contract. Management by re-use shall otherwise be outside the road allowance or right-of-way. Management by re-use for both incorporation into the work and other re-use shall be subject to the following conditions: Except where used in base, sub-base, shouldering material or recycled hot mix, excess material consisting of bituminous pavement that is managed by re-use shall be placed: (a) A minimum of 30 m from bodies of water and watercourses, excluding ditches with "V" bottoms; (b) A minimum of 100 m from any water wells. Except for cutting for construction purposes, excess material consisting of manufactured wood shall not be reprocessed or further processed. 4.3 Conditions on Manal!ement as Disposable Fill Management as disposable fill within the road allowance, right-of-way, and on other property designated in the Contract shall be specified in the Contract. Management as disposable fill shall otherwise be outside the road allowance or right-of-way and shall be subject to the following condi.tions: I I I I I I I I I I I I I I I I II I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 15. Swamp material, bituminous pavement, portland cement concrete, masonry, natural wood, and debris from open burning that are managed as disposable fill shall be placed: (a) A minimum of 30 m from bodies of water and watercourses, excluding ditches with "V" bottoms. (b) A minimum of 100 m from any water wells. (c) A minimum of 100 m from individual dwellings and a minimum of 460 m from residential development, and (d) A minimum of 2 m above the level of the groundwater. Bituminous pavement, portland cement concrete, masonry, natural wood, and debris from open burning, that are managed as disposable fill shall be covered by a minimum of 100 mm of earth or topsoil. 4.4 Conditions on Management by Open Burning No open burning will be permitted within the Contract Limits, 4.5 Conditions on Management by Disposal as Waste Waste shall be managed as non-hazardous solid industrial waste or commercial waste. Management by disposal as waste be subject to the following conditions: Waste shall be transported from the construction site to a site that has a Certificate of Approval for a Waste Disposal Site that is valid for non-hazardous solid industrial or commercial waste. Waste may be transported by a hauler who is engaged in other work on the Contract, without a Certificate of Approval for a Waste Management System, provided the waste is transported from the work area directly to the disposal site. Waste shall otherwise be transported by a hauler with a Certificate of Approval for a Waste Management System that is valid for the following: (a) The entire period of the work. (b) The entire area within the limits of the work and the entire haul route. (c) The equipment to be utilized; and (d) Non-hazardous solid industrial or commercial waste. 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting 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. I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 16. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 19. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 20. CONCRETE MIX DESIGNS The Contractor shall be responsible for the concrete mix design except for low slump concrete overlays and latex modified concrete overlays which the Authority will design, and for providing concrete of the specified properties. Concrete shall conform to the requirements of OPSS 1350 except as noted below: (I) Sub-section 1350.07.07.01 is deleted and replaced by the following: 1350.07.07.01 Contractor Designed Mix Mix proportions shall be selected in accordance with A.C.I. Standard 211.8-81 "Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concretes" and the requirements of this special provision. The values given in Table 5.3.6 of the A.C.I. standard for the determination of the volume of coarse aggregate in the concrete mix shall be increased by not less than 10 percent except where the concrete is deposited using a pump. At least three weeks prior to the placement of concrete the Contractor shall submit to thelContract Administrator a statement indicating the source of coarse and fine aggregate to be used in the concrete work. I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 17. The mix proportions and the required test data, for each class of concrete, shall be submitted to the Contract Administrator at least seven days prior to the placement of concrete. They shall be submitted in the standard Form PH-CC-433 under the headings (A) and (B). (A) Contractor Designed Concrete Mix Mix Proportions shall be expressed as follows: (i) Portland Cement - Type, Source and Content in kilograms per cubic metre of concrete. (ii) Cementitious- Hydraulic Slag Percent Slag, Source and Content in kilograms per cubic metre of concrete. (Hi) Coarse Aggregate - Nominal maximum size, Relative Density (Dry) Source, Content in kilograms per cubic metre of concrete and Dry Rodded Density in kilograms per cubic metre of concrete. (iv) Fine Aggregate - Fineness Modulus, Relative Density (Dry), Source and Content in kilograms per cubic metre of concrete. (v) Water- Content in kilograms per cubic metre of concrete. (vi) Chemical- Admixture Source, Type and Dosage per 100 kilograms cement. (vii) Air Entraining - Admixture Source and Type. Mix proportions shall be based on an aggregate in an oven dry condition. (B) Strength Test Data The contractor shall produce the following information with regard to the mix design. The information shall consist of test data from a laboratory or field mixed batch of concrete, or a summary of test data from previous work using similar concrete mix proportions, as follows: (i) Laboratory or Field Mixed Batch of Concrete The test data shall include compressive strength tests consisting of at least one set of standard cylinders tested at 7 days, and I set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag, the compressive strength tests shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 18. Note: The intent of the laboratory or field mixed batch of concrete is to indicate the ability of the proposed mix proportions to produce concrete of the required properties. (ii) Summary of Test Data The test data shall include at least ten consecutive 28 day strength tests from previous work. The data shall report individual strength tests and the average of all groups of three consecutive strength tests. The air content and slump of the samples of concrete used to fabricate the test cylinders shall be stated. The tests shall have been carried out within a period of two years prior to the award of the contract. (2) Sub-section 1350.08.01.02 is deleted and replaced by the following: 1350.08.01.02 Sampling of Mix Design Materials For Contractor designed mixed samples of acceptable aggregates, cement, water, chemical admixtures and air entraining admixtures representative of the materials to be used in the work shall be provided to the Contract Administrator when requested at the time the proposed mix proportions are submitted to the Authority. (3) Sub-section 1350.07.07.03, Part (b), is deleted and replaced by the following: 1350.07.07.03 High Strength Concrete (b) Contractor Design Mix The proposed mix proportions shall meet the requirements of revised Sub-section 1350.07.07.01 above and in addition shall be tested in a full size field trial batch of concrete. When the concrete is mixed within a ready mixed truck, the size of the trial batch shall be that volume of concrete normally mixed in the truck. When the Contractor elects to use a source of ready mix concrete, the trial batch of concrete shall originate from the same plant that will be used for the supply of high strength concrete and the trial batch shall be delivered to the site of the work and tested. Where access to the site of the work is not possible the Contract Administrator will designate a suitable location for testing. The testing of the field trial batch of concrete shall be the responsibility of the Contractor. Strength test data from the field trial batch shall consist of at least one set of standard cylinders tested at 7 days and one set of standard cylinders tested at 28 days. For I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 19. mixes with cementitious hydraulic slag the strength test data shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. When approved by the Contract Administrator, the concrete from the trial batch may be incorporated into parts of the structure. Basis of Payment All costs for the above work shall be included in the contract price for the appropriate concrete item(s). 21. TREE PROTECTION General ConstraintslRequirements Protection from the Contractor's operations of trees not designed for removal shall be ensured by, but not restricted to, the following: The Contractor shall ensure that his operations do not cause flooding or sediment deposition on areas where trees not designated for removal are located. Unless the contract requires work within the drip line of trees not designated for removal, equipment shall not be operated within that drip line area. When the Contract requires work within the dripline of trees not designated for removal, operation of equipment within the dripline area shall be kept to the minimum necessary to perform work required. Equipment or vehicles shall not be parked, repaired or refuelled, construction materials shall not be stored, and earth materials shall not be stockpiled within the drip line area of any tree not designated for removal. Tree Repair Work Repair work to trees not designated for removal shall be performed in accordance with approved horticultural practice as follows: Bark that is damaged by the Contractor's operations shall be neatly trimmed back to uninjured bark, without causing further injury, within five calendar days of damage. Branches 25 mm or larger in diameter that are broken by the Contractor's operations, shall be cut back to a neat surface within five calendar days of breakage; branches to be removed completely shall be set back to within 10 nun of their bases. I I I I I I I I I I I I I I I I I ,I i I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 20. Roots 25 mm or larger in diameter that are exposed by the Contractor's operations shall be cut back cleanly to the soil surface within five calendar days of exposure. Basis of Payment Compensation for all costs associated with the above work shall be deemed to be included in the Contract prices for the various tender items of the Contract. No additional payment will be made. The dripline of a tree shall be considered to be the ground surface directly beneath the tips of its outermost branches. 22. APPLICABLE STANDARD SPECIFICATIONS Ontario Provincial Standard Specifications (OPSS) governing the work of this Contract shall be as listed in the 'Schedule of Tender Data', Section E, with the applicable date of issue as indicated for each Specification. With the exception of OPSS 127 and 128, these Specifications shall remain in effect throughout the duration of this Contract, whether or not they be modified or re-issued by the responsible agency subsequent to the tender advertising date. The issues of OPSS 127 and 128 which are current at the time the work is performed or material furnished, shall govern. 23. GOVERNMENTAL REQUIREMENTS The Contractor shall obey all Federal, Provincial and Municipal laws, Acts, Ordinances, Regulations, Orders-in-Council and By-Laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. 24. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract the designated testing laboratory is 300 Water Street, Whitby, Ontario, LIN 912. I I I I I I I I I I I I I I I I I I I I il SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 21. 25. REVISIONS TO OPS GENERAL CONDmONS GC6.03.02 General1iability insurance shall also name the Ministry of Natural Resources and the Regional Municipality of Durham as co-insureds. 26. PROTECTION OF WATER QUALITY At all times, the Contractor shall maintain existing stream flows and shaH control all construction work so as not to allow sediment or other deleterious materials to enter streams. No waste or surplus organic material including topsoil is to be stored or disposed of within 30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required. If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction. The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits, 27. REVIEW OF SHOP/wORKING DRAWINGS For the portions of the work to be done under this Contract where detail drawings are to be supplied by the Contractor, six (6) copies of same, together with specifications, plus such additional copies as the Contractor and his subcontractors may require, shall be submitted to the Contract Administrator for review. The Contractor or his Subcontractor shall check and initial all shop drawings before submission to the Contract Administrator so as to intercept and correct 'any major errors or omissions. Shop drawings will not be reviewed by the Contract Administrator unless they have been previously checked by the Contractor. The review by the Contract Administrator is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Contract Administrator approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting all requirements of the Contract Documents. I I i I I I I I I I I I I I I I I I 'I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 22. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. Work which relates to the shop drawings shall not be carried out before the Contract Administrator's review of the shop drawings is complete. 28. AMENDMENT TO OPSS 1301 Section 1301.01 "Scope" of OPSS 1301 is deleted and replaced with the following: This specification covers the requirements for Portland cements, blended hydraulic cements and supplementary cementing materials together with the method of sampling, testing, delivery, handling and storage, prior to proportioning. The following types of cementing materials are covered by this specification: Portland Cements: Type 10 - Normal - Intermediate Grind Type 20 - Moderate Type 30 - High Early - Strength Type 40 - Low Heat of Hydration Type 50 - Sulphate Resistant Blended Hydraulic Cements: Type IO-S - Type 10-SM- Type IO-P - Portland Blast Furnace Slag Cement Slag-Modified Portland Cement Portland Pozzolan Cement Supplementary Cementing Materials: Slag Fly Ash - Type G - - Type F - Ground Granulated Blast Furnace Slag Fly Ash normally produced from burning anthracite or bituminous coal Fly Ash normally produced from burning lignite or sub-bituminous coal - Type C - Section 1301.02 "References" of OPSS 1301 is amended by the deletion of the reference to CSA Standard "A363-M83 Cementitious Hydraulic Slag" . Sub-Section 1301.05.01 "Physical and Chemical Requirements" of OPSS 1301 is amended by deleting the first paragraph and replacing it with the following: I I I I I I I I I I I I I I I I I i I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 23. Except as modified herein, cementing materials shall conform to the physical and chemical requirements of CAN3-AS, CAN3-A362 or CAN-A23.5 depending on the cementing material type used. Fly ash and ground granulated blast furnace slag shall also conform to the supplementary optional chemical and physical requirements of CAN3-A23.5 with the exception of the requirements for "Re-activity with Cement Alkalies". 29. USE OF GROUND GRANULATED BLAST-FURNACE SLAG For concrete used in this contract, the requirements of OPSS 1350 shall apply except that the cement shall conform to the following: Where normal Portland Cement (Type 10) is specified, it may be replaced by a blend of Normal Portland Cement and ground granulated blast-furnace slag (referred to in this special provision as slag). Slag material shall comply with the requirement of OPSS 1301. 1. For concrete other than as specified in Items 2, 3 and 4 below, slag may be used as a replacement for up to 25 % by mass of the quantity of portland cement. 2. For precast reinforced concrete catchbasins, manholes and ditch inlets, slag may be used according to the requirements of Subsection 1351.05.02 of OPSS 1351. 3. For concrete pipe, slag may be used according to the requirements of Section 1820.05 of OPSS 1820. 4. For lean concrete base, slag is not acceptable. 5. Mix designs using slag in cement shall be the responsibility of the Contractor according to the requirements of OPSS 1350. The Contractor shall produce satisfactory test data for 3 day, 7 day and 28 day compressive tests from either a laboratory test program or a field trial batch. 6. Concrete batching plants will be required to have a separate storage facility for slag and the slag shall be weighed separately from the portland cement. In the concrete materials weighing process the portland cement shall be weighed prior to the slag. Slag may be weighed on the same scale as the portland cement. The Authority will not specify the use of slag in any work; the choice will be that of the Contractor. Under most conditions the early strength gain of concrete containing slag in cement will be slower than that of concrete containing only Type 10 Portland Cement. Plan Quantity payment will not be used for this contract. I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL94-40 24. 30. NOTICE TO CONTRACTOR RE PREFABRICATED STRUCTURAL STEEL SUPERSI'RUCTURE The Contractor is advised that the time required to fabricate and deliver the prefabricated structural steel bridge superstructure will be critical to his ability to complete the work of this Contract by the completion date stipulated in S.P. General Clause No.2 'Contract Time and Liquidated Damages'. It is recommended that the Contractor place an order with the prefabricated superstructure fabricator as soon as possible after the award of Contract, in order that the contract schedule is not impacted by the delivery date for the superstructure. No claims for delays in this regard will be considered. I I I I I I I I I I I I I I I I II I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL94-40 SPECIAL PROVISIONS - TENDER ITEMS I I I I I I I I I I I I I I I I I I I PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL94-40 ACCESS ROUTES AND PREPARATION OF THE SITE - ITEM NO.1 Under this Item and for the Contract price, the Contractor shall provide all labour, materials and equipment required to construct and maintain access roads to the east and west abutment locations of the new pedestrian bridge. The Contractor is advised that his construction equipment will not be permitted to enter the creek bed. The access roads will commence at Cobbledick Road to the west and Toronto Street to the east and will follow the alignment of the future pathway trail. The alignment of the trail/access route within the Wilmot Creek valley is indicated on the Drawings and will be staked out by the Engineer prior to the commencement of construction. The Contractor shall carry out all stripping, excavation, filling, and placing of granular materials as necessary to provide a functional route to the east and west abutment locations as required for access and egress by the vehicles and equipment of the Contractor and his sub-contractors, throughout the duration of construction. The Contractor is advised that the access routes shall be contained within the 3.0 m width of the future pathway. Any damages to areas outside of the designated access routes and work areas which are caused by the Contractors operations will be restored by the Contractor to the satisfaction of the Engineer and at no cost to the Owner. Upon completion of construction, the access routes will be left in place and shall become the property of the Municipality of Clarington. Under this Item and for the Contract price, the Contractor shall also clear and grub all trees, stumps and brush from within the access routes and Contract limits, except those trees and shrubs which are designated to be saved by the Engineer. The Contractor shall also remove and dispose of all obstacles of the nature of fences, culverts, guiderail posts, rubble, timbers, etc., not specifically provided for under Items of the tender, to accommodate the access routes and the new structure and backfill, as directed by the Engineer. All brush, logs, stumps and other debris resulting from the Contractor's operations under this Item shall be disposed of by the Contractor off the limits of the Contract at a location arranged for by the Contractor at his own expense and to the satisfaction of the Engineer. Burning of trees, brush or other debris will not be permitted within the Contract limits. In addition to the work required herein and further described under OPSS 201, the Contractor shall: a) Remove and dispose of all exposed boulders within the right-of-way, regardless of size and whether or not they fall within the limits of the normal clearing and grubbing operation. b) In addition to the removal of exposed stone fences, and/or fence bottoms, such portions lying below the original ground line as are required to permit satisfactory final trimming shall be removed. Stone fences and fence bottoms are to be removed for the full width of the right-of-way. All boulders encountered under these operations shall be disposed of away from the site at the Contractor's expense. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL94-40 2. All trees, shrubs and other vegetation designated by the Engineer to be saved shall be carefully protected from danger or injury, during all construction operations by means of a ,snow fence at the dripline of the trees or as directed by the Engineer. The Contractor may be required to cut only certain selected trees on certain areas, leaving the rest of the trees in the indicated areas unharmed. The Contractor's attention is also directed to the requirements of the Special Provisions - General clause 'Tree Protection'. Any damage caused by the Contractor's operations to surrounding property shall be repaired by the Contractor at his own expense and to the complete satisfaction of the Authority and Engineer. The Contractor is advised that Ontario Hydro will be installing underground conduit along the trail/access route during the construction period. The Contractor shall cooperate with Ontario Hydro and provide access to Hydro's forces as required to facilitate the installation of the conduit. No claims for delays in this regard will be considered. SILT FENCE - ITEM NO.2 Payment under this Item will include the installation, maintenance and removal of the Silt Fence on a per metre basis. No payment will be made until removal of the facilities have been completed following completion of the Contract. The Contractor shall, prior to commencing work on the site, supply and install silt control fences at the location indicated on the Drawings. If necessary the Contractor will be required to supply and install additional silt control fences at locations as directed by the Engineer. Silt control fences shall be installed in accordance with detail drawings (or approved equal) to prevent sedimentation from the construction area entering the adjacent property and/or waterways. Any accumulated sediment shall be removed at the direction of the Engineer and be disposed of off site in accordance with OPSS 510. The silt control fences shall be left in place and maintained by the Contractor until completion of the work of this Contract. Upon completion of the Contract, the Contractor shall remove all accumulated sediments, make any necessary repairs to the silt fence, and leave the fence in place. The silt fence shall then become the property of the Municipality of Clarington. EARTH EXCAVATION FOR ABUTMENT GRADE BEAMS - ITEM NO.3 Under this Item and for the Contract unit price the Contractor shall excavate material for the abutment grade beams, as shown on the Drawings and as directed by the Engineer. Measurement for payment for excavation for the abutment grade beams will include only those quantities as measured within the neat plan dimensions of the grade beams, from the bearing seat elevation to the bottom of the grade beam, as shown on the plans. The Contract prices for the other applicable structure items in the Contract will be full compensation for all other excavation which may be required for the structure including caissons and granular backfill, as shown on the Drawings and as directed, by the Engineer. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL94-40 3. The Contractor shall dispose of all excavated organic materials, and other excavated materials which are unsuitable for or in excess of the fill requirements under this Contract, off the site at a location arranged for by the Contractor at his own expense and to the satisfaction of the Engineer. CONCRETE CAISSON PILES - ITEM NO. S Under this Item and for the Contract unit price, the Contractor shall provide all materials, equipment and labour to install the concrete caissons, including the steel caisson liners, as shown on the Contract Drawings and as directed by the Engineer. Under this Item and for the Contract unit price, the Contractor shall also carry out the following work: 1) The excavation of materials and the supply and installation of permanent steel liners to facilitate the construction of the concrete caissons. Augering the material from within the steel liner shall not extend ahead of the liner. The soil from within the liner shall be augered out and the liner jacked further. The procedure of jacking the liner and removing the soil from within the liner shall be repeated until the liner has been advanced to the specified bearing elevation. The soil from within the liner shall be augered out and the liner jacked further. The procedure of jacking the liner and removing the soil from within the liner shall be repeated until the liner has been advanced to the specified bearing elevation. 2) Dewater and maintain the excavation in a dry condition. Advance the steel liner as required to seal the base against water ingress. All mud, water, rock and other debris shall be excavated from the caisson socket. Placing of concrete in the caisson shall be in one continuous pour. CONCRETE IN ABUTMENT GRADE BEAMS - ITEM NO.6 Payment for this Item, at the Contract price shall include: a) the supply and installation of all joint filler, Evafoam seals, flexcell, polystyrene, styrofoam, caulking, PVC waterstop, etc., and similar items as indicated on the Drawings, and as required to complete the structure. b) the treatment of the abutment bearing seats as specified on the Drawings. c) the installation of the bearing anchorage assemblies. The anchorage hardware shall be supplied by the superstructure manufacturer. d) the installation of the PVC Hydro ducts in the ballast walls, as shown on the Contract Drawings, PVC conduit and expansion couplers will be supplied under the Item 'Suspended Work from Structure'. I I I I I I I I I I I I I I II I I I I SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL94-40 4. CONCRETE - ITEMS NO. S AND 6 Concrete Quantities The following approximate quantities for the concrete Tender Items listed below are for the Contractor's information only: Item No. 6 - Concrete in Abutment Grade Beams 12 m3 Lump Sum Concrete Items Should the estimated quantities of concrete as shown in the tendering information, for any specific lump sum concrete item, differ by more than 5 percent from the theoretical quantities as determined from the design dimensions of the structure component and where such discrepancy in quantities does not result from a change in design made in accordance with Section GC 3.11 of the General Conditions to Contract, then either party to the Contract upon the written request of the other, shall as soon as reasonably possible, negotiate upward or downward, the compensation for that portion of the concrete which is in excess of or less than the estimated quantity plus or minus the 5 percent increase or decrease. Where a change in quantity results from a change in design made in accordance with Section GC 3.11 of the General Conditions to Contract, then either party to the Contract upon the written request of the other, shall as soon as reasonably possible, negotiate a new lump sum price for the Tender Item in question. Curing of Concrete Clause 904.07.02.01 of OPSS 904 is amended in that the second paragraph is deleted and replaced with the following: 'The curing procedure to be used shall be restricted to the use of burlap and water only' . Payment for the above Items, whether by lump sum, lineal metre, or by the cubic metre, shall be full compensation for all labour , materials and equipment necessary to cure all concrete with burlap and water in accordance with OPSS 904. Shipping of Concrete Test Cylinders In addition to the requirements of OPSS 904.10, payment whether by the lump sum, lineal metre, or by the cubic metre, will include compensation for shipping concrete test cylinders to the location designated by the Engineer. Aggregate Sources Only those sources listed on the Aggregate Sources List for Concrete shall be used; sources that are not shown on this list may be accepted by the Engineer after samples have been tested and have met the current physical requirements and the alkali reactivity requirements of OPSS 1002. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL94-40 5. Reinforcing Steel Payment for the above Items, whether by the lump sum, lineal metre, or by the cubic metre, will include the supply, storage and installation of the reinforcing steel, as shown on the Drawings. The Contractor shall submit shop drawings to the Engineer, for review, as required elsewhere in the Specifications. Fabrication shall not commence until the shop drawings have been reviewed. SUPPLY AND INSTALL 17.068 m x 3.048 m FOOTBRIDGE SUPERSTRUCTURE - ITEM NO.7 Under this Item and for the Contract price, the Contractor shall supply all labour , equipment and materials necessary to fabricate, deliver to the site and install the structural steel footbridge superstructure, in accordance with the details shown on the Drawings and the following Specifications. The footbridge superstructure shall be a 'Town and Country' low profile steel truss, as manufactured by Kitchener Forging Limited, or approved equal. Payment at the Contract price for the supply and installation of the structural steel footbridge superstructure shall include the following work, as shown on the Drawings and as directed by the Engineer: a) The supply and installation of steel angle safety rails on the outside of the trusses. b) The supply and installation of steel closure plates at the ends of the floor beams. c) The supply and installation of the timber deck. d) The supply of the abutment bearing and anchorage assemblies. The bearing assemblies, and the method of anchoring the bearings to the concrete abutments, shall be subject to the approval of the Engineer. The anchorage assemblies shall be installed under the Item 'Concrete in Abutment Grade Beams. e) Field splices, where required. The structural steel footbridge superstructure shall be fabricated, supplied and installed in accordance with the following: Design The design shall conform to the requirements of the Ontario Highway Bridge Design Code, 1991. The fabrication and erection of the structural steel footbridge superstructure shall conform to OPSS 906. Each component of the footbridge superstructure shall be of sufficient strength to support a design live load equal to the more critical of either i) a pedestrian live load of 4.8 kPa, or ii) a maintenance vehicle live load equal to OHBDC - Ll (10 tonne) vehicle. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL94-40 6. The footbridge shall also be designed for a wind load of 1.5 kPa (30 pounds per square foot) on the full vertical projected surface of the bridge, as if enclosed. Materials a) All structural steel shall conform with CSA G40.21M, Grade 350A. b) All bolted connections shall be made with 22 mm diameter high strength bolts conforming to ASTM Specifications A325M, Type 3, unless noted otherwise. The nuts shall be heavy, hexagon, semi-finished as per CSA Specification BlS.2. c) All welding shall conform to the requirements of CSA W59 and shall be carried out by a welder qualified under CSA W47. The weld processes shall produce a weld bead having corrosion resistance similar to the base metal. d) All timber shall be No. I Grade Jack Pine or approved equal, supplied in accordance with CSA CAN3-oS6-M84, and graded and marked in accordance with NLGA Standard Grading Rules for Canadian Lumber. All timber shall be preservative treated with Chromated Copper Arsenate, or approved equal, in accordance with CSA 080, Appendix A, latest revisions. All blasted surfaces shall be Commercial Blast Cleaned and shall be cleaned with clean brushes made of hair, bristle or fibre; blown off with compressed air, from which all oil and water has been removed; or by overruns to remove all traces of blast products from the surface and from pockets and comers. All blasted surfaces shall be carefully protected, following blasting and until such time that the footbridge has been erected, to ensure that all blasted surfaces receive identical exposure to the elements, for complete uniformity of appearance, colour, texture, etc., of all blasted surfaces. Field blasting of the surfaces, in accordance with the above, shall be subject to the prior approval of the Engineer, in writing. If any apparent colour, texture, etc., contrast between blasted surfaces is evident after erection, all the stipulated surfaces shall be re-blasted to commercial blast clean in the field immediately following erection, and in accordance with the above, and at the Contractor's expense. Protective housing or other measures satisfactory to the Engineer, shall be employed during all on-site sandblasting operations to protect vehicular and pedestrian traffic and surrounding areas. Any concrete or foreign material that comes in contact with exposed areas of structural steel during construction operations is to be carefully removed. Stains resulting therefrom are to be removed by blast cleaning as specified above. Use of acids for cleaning will not be permitted. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL94-40 7. Delivery The Bidder's attention is drawn to the provisions of the Highway Traffic Act regarding dimensions and weight of vehicles. When it is planned to deliver structural steel by highway transport, the Bidder must contact the Ministry of Transportation, Ontario, prior to submitting his bid to ensure that the hauling operation will comply with the regulations. If delivery cannot be made by highway transport then some other means of transportation must be arranged and no additional payment will be allowed for such arrangement. Erection The Contractor shall unload and erect the footbridge superstructure in the final position on the concrete abutments, including making field splice connections. The Bidder shall also supply and install the timber deck and the anchor bolts for the bearing assemblies. The installation of high strength bolts, nuts and washers shall conform to the requirements of CSA Specification S6. Shop Drawings The Contractor shall submit six (6) sets of shop drawings and erection plans to the Engineer for review, as required in accordance with OPSS 906. Fabrication shall not commence until the shop drawings have been reviewed. GRANULAR BACKFILL TO STRUCTURE - ITEM NO.8 Under this Item and for the Contract price, the Contractor shall supply, place and compact in accordance with OPSS 501, the Granular 'B' material required for the structure backfill, as shown on the Drawings, and as directed by the Engineer. Under this Item and for the Contract price, the Contractor shall also supply, place and compact the additional Granular 'B' material necessary to construct the approach embankments to the limits shown on the Drawings and as directed by the Engineer. The extent of the contract price item for placing granular backfill to the structure shall be as shown on the Drawings. Where, however, the Contractor has excavated beyond these limits, or has failed to place earth fill up to the lower limits, he shall supply, place and compact, to the satisfaction of the Engineer, either earth or granular material, whichever the Engineer shall direct, as required to fill the resulting excess volume. All costs of supplying and placing such additional material shall be deemed to be included in the Contract price. I I I I I I I I I I I I I 'I I I I I I SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL94-40 8. Water shall be applied to the granular backfill material to assist compaction, as directed by the Engineer, and shall also be included in the Contract price. The Contractor shall not be permitted to use other than hand operated vibratory type compaction equipment for compaction of backfill material within 1.2 m from the back face of the grade beam. Hand operated vibratory equipment shall have an energy output no greater than 6.7 kilowatts. RIP RAP - ITEM NO.9 The work shall be performed in general compliance with the plans, OPSS 511 and as directed by the Engineer, and shall consist of constructing a protective covering of approved rock on the approach embankments to the new structure, as shown on the Contract Drawings. The Contractor shall supply all materials for this Item. Rock shall be an imported field stone material; the quality of the rock approved by the Engineer. Rock subject to marked deterioration by water or weather will not be accepted. Rock shall fulfill the following gradation requirements: Gradation Limits for Rock Protection Maximum Allowable Maximum Allowable Maximum Allowable Minus 300 mm 95 % Minus 200 mm 60% Minus 75 mm 0% Placing shall be done in such a manner that the surface of the finished rip rap shall have a uniform appearance and be without segregation. The rip rap shall be 300 mm minimum thickness on the streambanks and approach embankments, and shall extend along the approach embankments as indicated on the Drawings. The Contract price for the rock protection shall constitute full compensation for the supply of rock, any excavation or trimming required for the bedding of the rock, the supply and placing of the geotextile filter fabric, the hauling and placing of the rock, and all items incidental to the completion of the work in accordance with the Specifications. SUSPENDED WORK FROM STRUCTURE: ONTARIO HYDRO - ITEM NO. 10 PVC conduit with couplers and expansion joints will be supplied by Ontario Hydro, and shall be suspended from the bridge superstructure and buried behind the bridge abutments by the Contractor as shown on the Drawings and as directed by the Engineer. The Contractor shall supply all equipment, labour, and any other material, including hanger straps, polypropylene pull rope, etc., which may be required to make the installation. During construction, all conduits shall be kept clean by sealing the open ends with metal or paper pennies and bushings. All conduits are to be swabbed clean and dry. A tight waterproof system of the highest standard shall be provided by the Contractor. The various stages of the work of duct installation shall be carried out at the proper time coordinated with the proper progress of the entire job. The ducts and any other material to be installed in the concrete ballast walls shall be placed in the formwork before the concrete is placed, rigidly held and supported and all open ends plugged and protected. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL94-40 9. Upon completion of both the suspended and buried duct installation the Contractor shall install 6 mm polypropylene rope in each duct for the full length of the duct. An additional 1 m of rope shall be coiled in each end of the duct. The Contractor is advised that work relative to the installation of hydro ducts to accommodate future underground installations through the Wilmot Creek Crossing Structure is subject to the approval of Ontario Hydro and may be deleted from the contract should Ontario Hydro deem appropriate subsequent to the award of contract. No claim from the Contractor will be considered by the Owner should work under this item be deleted from the contract. I I I I I I I I I I I I I I I I I I. I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL94-40 OPS GENERAL CONDITIONS OF CONTRACT (August 1990) I .- / I I I I I I I I I .. I I I I I I I I I ~ Ontario ~ MEA ONTARIO PROVINCIAl STANDARDS GENERAL CONDIllONS OF CONTRACT TABLE OF CONTENTS S~ TItle Page Section GC 1 INTERPRETATION GC1 ,01 Captions .02 Abbreviations .03 Gender and Singular References .04 Definitions .05 Substantial Performance 4 ,06 Completion .07 Final Acceptance 5 ,08 Interpretation of Certain Words GC2 CONTRACT DOCUMENTS 7 GC 2.01 Reliance on Contract Documents ,02 Order of Precedence GC3 ADMINISTRATION OF lHE CONTRACT 9 GC 3.01 Contract Administrator's Authority .02 Working Drawings 10 .03 Right of the Contract Administrator to Modify Methods and Equipment .04 Emergency Situations .05 Layout .06 Working Area .07 Extension of Contract Time 11 .08 Delays ,09 Assignment of Contract GC 3.10 .11 GC 3.11.01 ,02 ,03 GC 3,12 .13 .14 GC 3,14.01 ,02 .03 .04 ,05 ,06 ,07 GC 3.15 GC 3,15,01 ,02 ,03 ,04 ,05 ,06 August 1990 Tide ~ Subcontracting by the Contractor Changes in the Work, Extra Work, and Additional Work 11 12 Changes in the Work Extra Work Additional Work Notices Use and Occupancy of the Work Prior to Substantial Performance Claims, Negotiations Disputes 13 Claims Procedure Negotiations Continuance of the Work Record Keeping Disputes Payment Rights of Both Parties Engineering Arbitration 14 The Conditions for Engineering Arbitration Arbitration Procedure Form and Appointment of Arbitration Board Costs The Award Hearing I I I Section Title Page Section Title P<g3 GC4 OWNER'S RIGHTS AND GC 6.03.05.01 Property Insurance 20 RESPONSIBILmES 15 .02 Boiler Insurance I .03 Use and Occupancy of GC4 .01 Working Area the Work Prior to .02 Disposal of Materials Completion 21 ,03 Construction Affecting .04 Payment for Loss or I Railway Property Damage ,04 Default by the Contractor ,05 Notification of Default GC 6.03,06 Contractors' Equipment .06 Contractor's Right to Insurance I Correct a Default ,07 Insurance Requirements ,07 Owner's Right to Correct and Duration Default I ,08 Termination of GC 6.04 Bonding 22 Contractor's Right to Continue the Work GC7 CONTRACTOR'S RESPONSI- ,09 Final Payment to BIUTIES AND CONTROL I Contractor 16 OF THE WORK 23 ,10 Termination of the Contract GC 7.01 General .11 Continuation of .02 Layout I Contractor's Obligations ,03 Damage by Vehicles or ,12 Use of Performance Bond Other Equipment 24 .04 Excess Loading of Motor GC5 MAlERIAL 17 Vehicles I GC 5.01 .05 Condition of the Working Supply of Material Area .. .02 Quality of Material ,06 Maintaining Roadways and I ,03 Rejected Material Detours ,04 Substitutions ,07 Access to Properties .05 Owner Supplied Material Adjoining the Work and I GC 5,05,01 Interruption of Utility Ordering of Excess Services 25 Material .08 Approvals and Permits ,02 Cars of Material 18 ,09 Suspension of Work IGC6 ,10 Contractor's Right to INSURANCE, PROTECTION Stop the Work or AND DAMAGE 19 Terminate the Contract .11 Notices by the Contractor 26 I GC 6,01 Protection of Work, .12 Obstructions Persons and Property .13 Limitations of Operations .02 Indemnification .14 Cleaning Up Before .03 Contractor's Insurance Acceptance I GC 6,03.01 .15 Warranty 'Zl General .02 General Liability I Insurance 20 GC8 MEASUREMENT AND .03 Automobile Liability PAYMENT 29 Insurance .04 Aircraft and Watercraft GC 8.01 Measurement I Uability Insurance .05 Property and Boiler GC 8.01.01 Quantities Insurance .02 Variations in Tender Quantities I ) ii I ) I I( ( 1\ I I I I I I I, .. I" I I I I I I I I' I Section 1lde Page Section TIle P9 GC 8.02 Payment 29 .10 Interest for Negotiations GC 8.02.01 Price for Work and Claims .02 Advance Payments for .11 Owner's Setoff 33 Material .12 Delay In Payment .03 Certification and Payment 30 GC 8,02.04 Payment on a Time and Material Basis qc 8.02.03.01 Progress Payment Certificate GC 8.02,04.01 Definitions .02 Certification of Sub- ,02 . Daily Work Records 34 contract Completion .03 Payment for Work .03 Subcontract Statutory .04 Payment for Labour Holdback Release ,05 Payment for Material Certificate and Payment .06 Payment for Equipment ,04 Certification of Substantial Performance 31 GC 8.02,04,06,01 Working Time .05 Substantial Performance ,02 Standby Time Payment and Statutory Holdback Release Payment GC 8.02.04,07 Payment for Hand Tools 35 Certificates ,08 Payment for Work by ,06 Certification of Subcontractors Completion 32 ,09 Submission of Invoices ,07 Completion Payment and Statutory Holdback GC 8.02,05 Final Acceptance Release Payment Certificate Certificates ,06 Payment of Workers .08 Interest ,07 Records .09 Interest for Late .08 Taxes and Duties 36 Payment .09 Liquidated Damages iii I I( I ( ( I I I I I I I :. I I I I I I I I I GCl.0l @ Ontario ~ MEA Ontario Provincial Standard August 1990 1 GENERAL CONDmONS OF CONTRACT SECllON GCl INTERPRETAllON QIptions The captions appearing in these general conditions . have been inserted as a matter of convenience and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the general conditions or any provision hereof. GCUl2 Abbreviations The abbreviations listed on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "ANSI" "APEO" "MSHTO"} - American Association of "MSHO' State Highway Transportation Officials "ASTM" "AWG" "AWWA" "CESA" "CGSB' "CSA" "CWB" "GC" MOPS" "OPSS" "OPSD" "MOE" "MTO" } "MTC" "MUTCD" "SAE" "SSPC" NUL" "ULC" GC1.03 - American National Standards Institute - Association of Professional Engineers Ontario - American Society for Testing and Materials - American Wire Gauge - American Water Works Association - Canadian Engineering Standards Association - Canadian General Standards Board - Canadian Standards Association - Canadian Welding Bureau - General Conditions - Ontario Provincial Standard - Ontario Provincial Standard Specification - Ontario Provincial Standard Drawing - Ministry of the Environment (Ontario) - Ministry of Transportation (Ontario) - Manual of Uniform Traffic Control Devices, published by MTO - Society of Automotive Engineers - Structural Steel Painting Council - Underwriters Laboratories - Underwriters Laboratories Canada Gender and Singular References References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa as the context requires. GC1.04 Definitions For the purposes of this Contract the following definitions apply: "Access Road" means a private road built or existing road used by the Contractor to gain access to the Work or to a source of material. "Adjusted Plan Quantity" means a Plan Quantity which has been adjusted for any or all of the following: a mistake in calculation, approved addition, or an approved deletion, "Actual Measurement" means the field measurement of that quantity within the approved limits of the Work. "Additional Work" means work not provided for in the Contract and not considered by the Contract . Administrator to be essential to the satisfactory completion of the Contract within its intended scope, "Base" means a layer of material of specified type and thickness placed' immediately below the pavement, driving surface, finished grade, curb and gutter or sidewalk, "Change in the Work" means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, changes in the character of the work to be done or materials of the Work or part thereof, within the intended scope of the Contract, "Change Order" means a written order to the Contractor covering contingencies, Extra Work, increase or decrease in Contract quantities and additions or alterations to the plans or specifications, within the scope of the Contract and establishing the basis of payment and the time allowed for the adjustment of the Contract Time. Means also, written authorization covering Additional Work. "Completion Certificate" means the certificate issued by the Contract Administrator at completion. "Construction Signs" mean all traffic control devices and signs, including vehicles, trailers, and the like, provided to support signs, and equipment to supply OPS General Conditions of Contract I I 2 I' sign lighting, but excluding Contract identification signs and highway number markers, all as may be described in the MUTCD. I "Constructor" means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1980, c. 321 and amendments thereto, the Contractor who executes the Contract. I "Contract Administrator" means the person, partnership or corporation designated by the Owner to be the Owner's representative- for the purposes of the Contract. I I "Contract" means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as _prescribed in the Contract Documents. I "Contract Documents" mean the executed Agreement between the Owner and the Contractor, the Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. I I - - I "Contract Drawings" or "Contract Plans" mean drawings or plans provided by the Owner for the Work and without limiting the generality thereof may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, quantity sheets, cross-s~ctions and standard drawings, I I "Contractor" means the person, partnership or corporation undertaking the Work as identified in the Agreement. I "Contract Time" means the, time stipulated in, the Contract Documents for Substantial Performance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. I "Controlling Operation" means any component of the Work, which, if delayed, will delay the completion of the Work. I "Cost Plus" See "Time and Material". I "Cut-off Date" means the date up to which payment will be made for work perfonned. ' I "Daily Work Records" mean daily records kept detailing the number and categories of workers and hours worked or on standby; types and quantities of equipment and number of hours In use or on standby; . I 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. "Earth Grade" means the earth surface, whether in cut or fill, as prepared for the Base or Subbase. "Engineer" means a professional engineer licensed by the Association of Professional Engineers of Ontario to practice in the Province of Ontario. "Equipment" means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. "Estimate" means a calculation of the quantity or cost of the Work or part of it depending on the context. "Extra Work" means work not provided for in the Contract. as awarded but considered by the Contract Administrator essential to the satisfactory completion of the Contract within its intended scope. "Final Acceptance Certificate" means the certificate issued by the Contract Administrator at Final Acceptance, "Final Detailed Statement" means a complete evaluation prepared by the Contract Administrator showing the quantities, unit prices and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, and set out in the same general form as the monthly estimates, "Final Quantity" means ~hat quantity used in the-Final Detailed Statement. "Force Account" See "Time and Material". "Grade" means the required elevation of work. "Grade Une" means a reference line representing the Grade in profile or longitudinal section established for the control of work. "Hand Tools" means tools that are commonly called tools or implements of the trade and Include small power tools. Individually a tool will be considered es a Hand Tool where the maximum cost Is $250. "Haul Road" means any public road excluding the road under contract, which forms part of a materials ) OPS General Conditions of Contract ) I ( I [" I' 1 I I I I I I' - ~ I I I 1 I I I I I haul route. "Highway" means a common and public highway any part of which Is Intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. "Inspector" means any person, partnership or corporation appointed by the Contract Administrator to participate In the inspection of the Work and the Material to be used in the Work, "Labour and Material Payment Bond" means the type of security furnished to the Owner to guarantee payment of prescribed debts of the Contractor covered by the bond. "Lump Sum Item" means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents, "Major Item" means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity whichever is the larger, multiplied by its tender unit price, which is equal to or greater than the lesser of a) $100,000, or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. "Materia'" means material, machinery, equipment and fixtures forming part of the Work, "Owner" means the party to the Contract for whom the Work is being performed, as identified in the Agreement, and includes, with the same meaning and import, "Authority". "Pavement" means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, or plant or road mixed mulch. "Performance Bond" means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. "Plan Quantity" means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. 3 "Profile Grade" means the required elevation of the surface of the Base. "Quantity Sheet" means a list of the quantities of work to be done. "Rate(s) of Interesr means the rate(s) determined by the Treasurer of Ontario and Issued by, and available from, the Owner. "Records" mean any books, payrolls, accounts or other Information which relate to the Work or any Change In the Work or claims arising therefrom. "Road Allowance" means the lands acquired at any time for use as a Highway. "Roadbed" means that ,part of the Work which is designed to support the wearing surface and shoulders of the Roadway. "Roadway" means that part of the Highway designed or intended for use by vehicular traffic and includes the shoulders. "Rock Grade" means the rock surface, whether in cut or fill, which has been prepared for the Base or Subbase, "Shoulder" means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope. "Special Provisions" mean special directions containing requirements peculiar to the Work. "Standard Specification' means a standard practice required and stipulated by the Owner for performance of the work. "Subbase" means a layer of material of specified type and thickness between the Subgrade and the Base. "Subcontractor" means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. "Subgrade" means the Earth Grade or Rock Grade. "Substructure" means all of that part of a structure below: the bearings of single and continuous spans, skewbacks of arches and tops of footings of' rigid frames, including backwalls, wingwalls and wing protection railings. "Superintendent" means the Contractor's authorized representative in responsible charge of the Work. OPS General Conditions of Contract I I 4 I "Superstructure" means all that part of a structure above: the bearing seat of single and continuous spans, skewbacks of arches and tops of footings of rigid frames, excluding backwalls, wingwalls and wing protection railings. I .Surety" means the person, partnership or corporation, other than the Contractor, executing a bond provided by the Contractor. I "Time and Material" means costs calculated according to clause GCB,02,04, Payment on a Time and Material Basis, Where "Cost Plus" and "Force Account" are used they shall have the same meaning. I I .Utility" means a facility maintained by a municipality, public utility authority or regulated authority and includes sanitary sewer, storm sewer, water, electric, gas, steam, telephone and cable television services, I "Warranty Period" means the period of 12 months from the date of substantial performance or such longer period as may be specified for certain materials or work. Where a date of substantial performance is not established, the warranty period shall commence on the date of completion, I I "Work" means the total construction and related services required by the Contract Documents, I "Working Area. means all the lands and easements owned or acquired by the Owner for the construction of the Work, I "Working Day" means any Day (a) except Saturdays, Sundays and statutory holidays; I (b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this will be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and equipment force effectively engaged on the Controlling Operation for at least 5 hours; I I I (c) except a Day on which the Contractor is prevented from proceeding with the Controlling Operation, as determined by the Contract Administrator by reason of: I I (Q any breach of Contract or prevention by the Owner, by any other Contractor of the Owner or by any employee of anyone of them, I (iQ non-delivery of Owner supplied materials, (iiQ any cause beyond the reasonable control of the Contractor which can be substantiated by the Contractor to the satisfaction of the Contract Administrator. "Working Drawings" or "Working Plans" means any Drawings or Plans prepared by the Contractor for the execution of, the Work and may, without limiting the generality thereof, include falsework plans, roadway protection plans, shop drawings, shop plans or erection diagrams. GC1.OS Substantial Performance 01) (a) The Work is substantially performed, when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended; and (b) when the Work to be performed under the Contract is capable of completion or, where there is a known defect, correction, at a cost of not more than (Q 3% of the first $500,000 of the contract price, (iQ 2"k of the next $500,000 of the contract price, and . (Hi) 1 % of the balance of the contract price. 02) For the purposes of this Contract where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the contract price in determining substantial performance. GC1.06 Completion 01) The Work shall be deemed to be completed and services or materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect or last supply Is not more than the lesser of (a) (b) 1% of the contract price; or $1.000. ) ) OPS General Conditions of Contract I I ( ( I I I I I I I I I I I I I I , I ! I ~ I GC1.07 FlOaI Acceptance 01) Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. 5 GC1.08 Interpretal:ion of Certain Words 01) The words "acceptable", "approvar, "authorized", "considered necessary", "directed", .requireda, "satisfactory", or words of like Import, shall mean approval of, directed, required, considered necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the context clearly indicates otherwise, OPS General Conditions of Contract I I I I I I I I I I I I I I I I I I I ;1 OPS General Conditions of Contract 6 ) I , ( I / I I I I I I I I I I I I I I I I I 7 SECTION GC2 CONTRACT DOCUMENTS GC2.01 Reraance 00 Contract Documents 01) The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: (a) The location of all mainline underground utilities which will affect the Work will be shown to a tolerance of 1 m horizontal and 0.3 m vertical; (b) The Owner does not warrant interpretations of data or opinions expressed inany'subsurface report available for the perusal of the Contractor and excluded from the Contract Documents; and (c) other information specifically excluded from this warranty. GC2.02 Order of Precedence 01) In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following order: (a) Agreement (b) Addenda (c) Special Provisions (d) Contract Drawings (e) Standard Specifications (f) Tender (g) Supplemental General Conditions (h) General Conditions August 1990 (Q Working Drawings Later dates shall govern within each of the above categories of documents. 02) In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: (a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same Drawing; (b) Drawings of larger scale shall govern over those of smaller scale; (c) Detailed Drawings shall govern over general Drawings; and (d) Drawings of a later date shall govern over those of an earlier date in the same series, 03) In the event of any conflict in the contents of Standard Specifications the following order of precedence shall govern: (a) Ontario Provincial Standard Specifications; then (b) other standard specifications, 'such as those produced by CSA, CGSB, ASTM and ANSI, and referenced in the Ontario Provincial Stan~ard Specifications. 04) The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. OPS General Conditions of Contract I I 8 I I I I I I I I .. I I I I I I I I, I OPS General Conditions of Contract ) ,) I ( I / I I I I I I I I I I I I I I I ,I I 9 SECIlON GC3 ADMINISTRATION OF THE CONTRACT GC3.01 ConIracI Administralor"s AuthoOly 01) The Contract Administrator will be the Owner's representative during construction and until the issuance of the. Completion Certificate ior the issuance of the Final Acceptance Certificate whichever is later. All instructions to the Contractor including instructions 'from the Owner will be issued by the Contract Administrator. The Contract Administrator will have. the authority to act on behalf of the Owner only to the extent provided in the Contract Documents, 02) All claims, disputes and other matters in question relating to the performance and the qualityoUhe Work or the interpretation of the Contract Documents shall be initially referred to the Contract Administrator in writing by the Contractor, The Contract Administrator will give a decision in writing within a reasonable time, 03) The Contract Administrator will inspect the Work for its conformity with the plans and specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price contract. 04) The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts as provided for in Section GC8, Measurement and Payment. 05) The Contract Administrator will with reasonable promptness review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents. 06) The Contract Administrator, will investigate ,all allegations of a change in the character of the Work made by the Contractor and issue appropriate instructions, 07) The Contract Administrator will prepare Change Orders for the Contractor's signature and the Owner's approval. 08) Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly conduct an inspection of the Work to establish the date of substantial performance of the Work and/or the date of Completion of the Work. August 1990 09) The Contract Administrator will be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and In making these decisions the Contract Administrator will not show partiality to either party. 10) The Contract Administrator will have the authority to reject work or Material which does not conform to the Contract Documents, 11) Defective work, whether the result of poor workmanship, use of.defectivematerial, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the Contract Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed promptly in accordance with the Contract Documents at no additional cost to the Owner. 12) Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly, at no additional cost to the Owner. 13) If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first instance by the Contract Administrator, 14) Notwithstanding any inspections made by the Contract Administrator 'or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any detective work or Material shall not constitute acceptance of defective work or Material. 15) The Contract Administrator will have the authority to temporarily suspend the Work for such reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's construction layout or the inspection of any portion of the Work. There shall not be any extra compensation for this suspension of work. OPS General Conditions of Contract I I 10 GC3.02 Working Drawings I' 01) The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents, I 02) The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests they shall' jointly prepare a schedule fixing the dates for submission and retum of Working Drawings. Working Drawings shall be submitted in the form of prints, At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. I I I I 03) The Contract Administrator will review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. I 04) The Contract Administrator's review will be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. I .. I I 05) The Contractor shall make any changes in Working Drawings which the Contract Administrator may require consist~nt with the Contract Documents and resubmit unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. I I 06) Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed, Permission to construct granted". I I 07) The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at al/ times. I GC3.03 Right of the Contract Administrator to Modify Methods and Equipment I I 01) The Contractor shall, when requested in writing, make alterations in the method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. The Contractor shall alter the sequence of operations on the Contract, when requested in writing, so as to avoid interference with other work, 02) Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work, GC3.04 Emergency Situations 01) The Contract Administrator has the right to determine the existence of an emergency situation, and when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. 02) If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner will pay for the remedial work. GC3.05 Layout 01) The Contract Administrator' will provide baselines and benchmarks for the general location, alignment and elevation of the Work. The Owner will be responsible only for the correctness of the information provided by the Contract Administrator, GC3.06 Working Area 01) The Contractor's sheds, site offices, toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. . 02) The Contractor shall confine his construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner, 03) The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner. ) OPS General Conditions of Contract ) I I ( I I I I I I I I - w I I I I I I I I I GC3.07 Extension of Contract Tune 01) An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. 02) Circumstances suitable for consideration include 'the following: (a) Delays; See subsection GC3.08, (b) Changes in the Work; See clause GC3,ll.01. (c) Extra Work; See clause GC3.11.02, (d) Additional Work; See clause GC3,ll,03. 03) The Contract Administrator will, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work or Additional Work involve a Controlling Operation. 04) The Contract Time shall be extended for such additional time as may be reCommended by the Contract Administrator and deemed fair and reasonable by the Owner, 05) The terms and conditions of the Contract shall continue for such extension of Contract Time, GC3.08 Delays 01) If the Contractor is delayed in the performance of the Work by (a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the Owner, Contract Administrator, other contractors, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; or (b) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; or (c) the Contract Administrator giving notice under subsection GCl.09, Suspension of Work; or (d) abnormal inclement weather; then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension due to abnormal inclement 11 weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such application. extension of Contract Time will be granted In accordance with subsection GC3.07, Extension of Contract Time. 02) If the Work is delayed by labour disputes, strikes or Iock-outs - including lock-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound - whic.h are beyond the Contractor's control, then the Contract Time shall be extended in accordance with subsection GC3.0l, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions of the Owner. GC3.09 Assignment of Contract 01) The Contractor shall not assign the Contract, either in whole or in part, without the written consent of the Owner, GC3.10 Subcontracting by the Contractor 01) The Contractor may subcontract any part of the Work, Subject to these General Conditions and any limitations established by the Owner. 02) The Contractor shall notify the Contract Administrator, in writing, of the intention to subcontract, Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. 03) The Contract Administrator will, within 10 days of receipt of such notification, accept or reject the intended Subcontractor. The rejection will be in writing and will include the reasons for the rejection. 04) The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with this General Condition. 05) The Contractor shall preserve and protect the rights of the parties under the Contract with respect to the work to be performed under subcontract and shall (a) enter into agreements with' the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and OPS General Conditions of Contract I I 12 I (b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. I 06) Neither a subcontracting, nor the Owner's consent to a subcontracting by the Contractor. shall be construed to relieve the Contractor from any obligation under the Contract or to impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. I I GC3.11 Changes in the Work, Extra Work and Additional Work I I GC3.11.01 Changes in the Work 01) The Owner, or the Contract Administrator where so authorized, may. by order in writing, make Changes in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a change in the Work until in receipt of a Change Order. Upon the receipt of such written order the Contractor shall proceed with the work. I I 02) The Contractor may apply for an extension of Contract Time according to the terms of subsection GC3.07, Extension of Contract Time. :. I 03) If the Changes in the Work relate solely to quantities, payment for the work will be made according to the conditions specified in clause GCS.01.02, Variations in Tender Quantities. If the Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to subsection GC3.14, Claims, Negotiations, Disputes or payment may be made according to the conditions contained in clause GC8.02.04, Payment on a Time and Material Basis. I I I GC3.11.02 Extra Work I 01) The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order. Upon receipt of the written order the Contractor shall proceed with the Work. I I I 02) The Contractor may apply for an extension of Contract Tlmeaccording to the terms of subsection GC3.07, Extension of Contract Time. 03) Payment for the Extra Work may be negotiated pursuant to subsection GC3.14, Claims, Negotiations, I Disputes or payment may be made according to the conditions contained in clause GCS.02.04, Payment on a Time and Material Basis. GC3.11.03 Ackfdional WOO< 01) The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Cnntractor shall proceed with such work upon receipt of a Change Order. 02) The Contractor may apply for an extension of Contract Time according to the terms of subsection GC3.07, Extension of Contract Time. 03) Payment for the Additional Work may be negotiated pursuant to subsection GC3.14, Claims. Negotiations, Disputes, or payment may be made according to the conditions contained in clause GCS.02.04. Payment on a Time and Material Basis. GC3.12 Notices 01) Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery it delivered by hand or by facsimile transmission and on the fifth day after the date of mailing if sent by mail. 02) The Contractor and the Owner shall provide each other with the mailing addresses, telephone numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work. 03) In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice. provided that such notice is confirmed in writing. 04) Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Agreement. GC3.13 Use and Occupancy of the Work Prior to Substantial Pertormance 01) Where it Is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to substantial performance, provided that at least 30 days written notice has been given to the Contractor. 02) The use or occupancy of the Work or any part thereof by the Owner prior to substantial performance ) ) OPS General Conditions of Contract I t I I I I I I I I - I I I I I I I I I shall not constitute an acceptance of the Work or partS so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract Documents. The Owner will be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the 'terms of the Contract. GC3.14 Claims, Negotialions, Disputes GC3.14.01 Claims Procedure 01) The Contractor shalL give oraL notice .of any situation which may lead to a claim for additional payment immediately upon becoming aware of the situation. 02) The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 days of the commencement of any work which may be affected by the situation. 03) The Contractor shall submit claims not later than 30 days - in exceptional cases this may be increased to a maximum of 180 days, but subject to approval in writing from the Contract Administrator - after the date of substantial performance, identifying the item or items in respect of which the claim arises, stating the grounds upon which the claim is made and submitting the records maintained by the Contractor supporting such claim. 04) The Contract Administrator may request the Contractor to submit such further and other particulars as the Contract Administrator considers necessary to assess the claim and the Contractor shall submit the requested information within 30 days. OS) Within 60 days of receipt of the detailed claim, and all supporting documentation, the Contract Administrator will advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. GC3.14.02 Negotiations 01) Should the Contractor disagree with the opinion given in paragraph OS) of clause GC3.14.01, Claims Procedure, with respect to any part of the claim, the Contract Administrator will enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and 13 Material basls in accordance with clause G08.02.04, Payment on a Time and Material Basis, the dispute may be resolved as descnbed In clause G03.14.05, Disputes. GC3.14.03 Continuance d the Work 01) The Contract Administrator will give such instructions as are necessary for continuation of the Work to prevent any delays. It Is understood that by so doing neither party to the Contract will jeopardize any claim it may have. GC3.14.04 Record Keeping 01) Immediately upon commencing work which may result in a claim, the Contractor shall keep-Daily Work Records, during the course of the work, sufficient to substantiate the Contractor's claim, and the Contract Administrator will keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with clause GC8.02.07, Records. 02) The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on a weekly basis, to simplify review of the claim, when submitted. 03) The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with.those of the Contractor shall not be construed to be acceptance of the claim. GC3.14.05 Disputes 01) Disputes may be settled by procedures already established by the Owner or where both parties agree, a dispute may be submitted to arbitration In accordance with the provisions of subsection GC3.1S, Engineering Arbitration. Where both parties cannot agree, then the appropriate judicial tribunal may be used. GC3.14.06 Payment 01) Payment of the claim will be made not later than 30 days after the date of resolution - of the claim or dispute. Such payment will be made according to the terms of Section _ GCS, Measurement and Payment. GC3.14.07 Rights of Both Parties 01) It is agreed that no action taken under this subsection by either party shall be construed as a renunciation or waiver of any of the rights or recourses available to the parties, provided that the requirements set out in this subsection are fulfilled. OPS General Conditions of Contract I I 14 I GC3.15 Engineering Arbitration The Conditions for Engineering Arbitration GC3.15.01 I 01) The following conditions must be established before an arbitration can proceed: I (a) A dispute between the parties must exist; I (b) The parties must agree to refer the dispute for decision according to the procedure following; and I I (c) The parties must agree to be bound by the award of the arbitrators. GC3.15.02 Arbitration Procedure I 01) The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrators have exceeded their jurisdiction or have otherwise disqualified themselves: I (a) All existing actions in respect of the matters unger arbitration will be stayed pending arbitration; :. (b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule will be arbitrated; and I I (c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. I GC3.15.03 Form and Appointment of Arbitration Board I 01) The board shall be composed of three arbitrators: I (a) one appointed by the Contractor; (b) one appointed by the Owner; and (c) one to be appointed by the first two and who shall act as chairman. I 02) A sole arbitrator may adjudicate the dispute where expressly agreed by the Contractor and Owner. I 03) Appointees shall not be Interested financially in I I the Contract nor in either party's business and shall not be employed by either party. . 04) The decisions of two arbitrators shall bind the third. Where there is no agreement between two arbitrators the decision of the chairman will be final. 05) The board may appoint experts to assist it. 06) The board is not bound by the rules of evidence which govern the trial. of cases in court but may hear and consider any evidence which it considers relevant. GC3.15.04 Costs 01) Each party shall pay the cost of its appointee. 02) The fee for the chairman will be shared equally. 03) The fees of any experts appointed to assist the board shall be shared equally. 04) The fees of any other person(s) appointed to assist the board will be shared equally. 05) The Owner will provide accommodation for the hearing in the Owner's facilities, and where this is not possible, will share in the cost of obtaining appropriate facilities. 06) The board will have no power to award costs except where one of the parties fails to attend a hearing and it is necessary to adjourn until another dale. In such case, the board may require the absent party to bear the costs of the adjourned hearing. GC3.15.05 The Award 01) The award will be made within 90 days of the conclusion of the hearing unless the board extends the time for making the award. The time shall not be extended beyond 180 days from the date of the appointment without the consent of both parties; Where the award is not made within these time limits the parties may proceed to court or continue their existing actions. GC3.15.06 Hearing 01) The hearing will commence within 90 days of the appointment of the chairman. ) OPS General Conditions of Contract ) I I ( / I I I I I I I I :. I I I I I I I I I 15 SEC1lON GC4 OWNER'S RESPONSIBIUTIES AND RIGHTS GC4.01 Working Area" 01) The Owner will acquire all property rights which are deemed necessary by the Owner for the construction of the Work Including temporary WOrking easements and will Indicate the full extent of the Working Area on the Contract Drawings. GC4.02 Management and Disposition of MateriaJs 01) The Owner will identify in the Contract Document the materials to be moved within or removed from the Working Area, and any characteristics of those materials which will necessitate special materials management and disposition. 02) The Owner will be responsible for any additional costs of removing, management and disposition of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. GC4.03 Construction Affecting Railway Property 01) The Owner will pay the costs of all flagging and other traffic control measures required and provided by the railway company. GC4.04 Default by the Contractor 01) The Contractor shall be in default ofthe Contract if (a) the Contractor fails to commence the Work or execute the Work properly or otherwise fails to comply with the requirements" of the Contract to a substantial degree; or (b) it the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency. GC4.05 Notification cI Default 01) The Owner will give written notice of a default to the Contractor as soon as the Owner becomes aware of the alleged default but failure to give such notice in a timely way shall not constitute condonation of the default. The notice will include instructions to correct August 1990 the default within 5 Working Days. GC4.06 Conb'actor"s Right to CoI'mct a DerauIt 01) The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective. measures have been taken. 02) If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice the Contractor shall not be in default if the Contractor (a) commences the correction of the default within the 5 full Working Days following receipt of the notice; (b) provides the Owner with an acceptable schedule for the progress of such correction; and (c) completes the correction in accordance with such schedule. GC4.07 Owner's Right to Correct Default 01) If the Contractor fails to correct the default within the time specified in subsection GC4.06, Contractor's Right to Correct a Default, or subsequently " agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may correct such' default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. GC4.08 Termination of Contractor's Right to Continuo the Work 01) Where the Contractor fails to correct a default within the time specified in subsection GC4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. 02) It the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner will be entitled to OPS General Conditions of Contract 4 II 16 I (a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; I (b) utilize the Contractor's Equipment and any Material within the Working Area which is intended to be Incorporated Into the Work, the whole subject to the right of third parties; I (c) . withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; I I (d) charge the Contractor the additional cost over the contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract Administrator for such additional service arising from the correction of the default; I I (e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC7.15, Warranty; I (f) charge the Contractor for any damages the Owner may have sustained as a result of the default; and :. I (g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC7.15, Warranty, exceeds the allowance provided for such corrections. I I GC4.09 FIOaI Payment to Contractor 01) If the Owner's cost to correct and complete the Work in whole or in part is less than the amount I I I I I I withheld from the Contractor under subsection GC4.08, Termination of the Contractor's Right to Continue the Work, the Owner will pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC4.10 Termination of the Contract 01) Where the Contractor is in default of the Contract the Owner may, withOl!t prejudice to any other right or remedy the Owner may have, terminate the Contract by giving written notice of termination to the Contractor, the Surety and any trustee or receiver acting on behalf of the Contractor's estate or creditors. 02) If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC4.11 Continuation of Contractor's Obligations 01) The Contractor's Obr'igation under the Contract as to quality, correction and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC4.12 Use c:t Pei10rmance Bond 01) If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of this Section shall be exercised in accordance with the conditions of the Performance Bond. ) ) OPS General Conditions of Contract I II' ( I I I I I I I I - ~ I I I I I I I I I 17 SECTION GC5 MATERIAL GC5.01 Supply of Material 01) All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The contract prices for the appropriate tender items shall be deemed to Include full compensation for the supply of such Material. GC5.02 Quality of Material 01) All Material provided by the Contractor shall be new. 02) Material supplied by the. Contractor shall conform to the requirements of the Contract. 03) As specified or as requested by the Contract Administrator, the Contractor shall make available for inspection or testing a sample of any Material to be provided by the Contractor. 04) The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the Material manufacturer or supplier to carry out such inspection, sampling and testing as specitied or as requested by the Contract Administrator. 05) The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling and testing. 06) The Owner will not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping dates. 07) The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. 08) Material which is not specitied shall be of a quality best suited to the purpose required and the use of such Material shall be subject to the approval of the Contract Administrator. GCs.03 Rejected Material 01) Rejected Material shall be removed from the August 1990 work site expeditiously after the notifICation to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice the Contract Administrator may cause the rejected Material to be removed from the site and disposed of In what the Contract Administrator considers to be the most appropriate manner and the Contractor shall pay the costs of disposal and the appropriate. overhead ~harges. GCS.04 Substitutions 01) Where the specifications require the Contractor to supply a Material designated by a trade or other name, the tender shall be based only upon supply of . the Material so designated, which shall be regarded as the standard of quality required by the specification. After the acceptance of a tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. 02) Rulings on a proposed substitution will not be made prior to the acceptance of a tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution will be made at the discretion of the Contract Administrator. -03) If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled 10 the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality. and if any adjustment to the contract price is made by reason of such substitution a Contract Change Order shall be issued as well. GCS.05 Owner Supplied Material GCS.05.01 Ordering of Excess Material 01) Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be OPS General Conditions of Contract I I 18 I charged to the Contractor at cost plus applicable overheads. GC5.05.02 Care of Material I 01) The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner,. provide adequate and proper storage facilities acceptable to the Contract Administrator; and on the receipt of such Material shall promptly place it in storage except where it is to be incorporated forthwith into the Work. I I 02) The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specitied delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons which are not the fault of the Contractor it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. . I I I 03) Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where dam?ge or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. I :. I I I I I I I I I 04) The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract. 05) Empty reels, crates, containers and other types of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract Documents. 06) The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment, copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. 07) Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. OPS General Conditions of Contract ) I I( , I I I I I I I I :. I I I I I I I I I 19 SECTlON GC6 INSURANCE. PROTECTION AND DAMAGE GC6.01 Protectiorl c:I Work, Persons and Property 01) The Contractor, the Contractor's agents and all workers employed by or under the control of. the Contractor, including Subcontractors, shall protect the Work, persons and property from damage or injury, and shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below. 02) The Contractor is responsible for the full cost of any necessary temporary provisions and . the restoration of all damage, where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property the Contractor shall restore such damage, and such work shall be administered according to these General Conditions. 03) The Contractor shall immediately inform the Contract Administrator of all damage and injuries which occur during the term of the Contract. 04) The Contractor shall not be responsible for loss and damage that occurs as a result of (a) war; (b) blockades and civil commotions; (c) errors in the Contract Documents; (d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. 05) The Contractor and his Surety or Sureties will not be released from any term or provision of any responsibility, obligation or liability under the Contract or waive or impair any of .the rights of the Owner except by a release duly executed by the Owner. GC6.02 Indemnification 01) The Contractor shall indemnity and hold harmless the Owner and the Contract Administrator, their agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits or proceedings by third parties, hereinafter called .claims., directly or indirectly arising or alleged to arise out of the performance of or August 1990 the failure to perform the Work, provided such claims are (a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property; (b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and (c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or, where so specitied in the Contract from the date of certification of Final Acceptance. 02) The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with work performed or material furnished by the Contractor under the Contract. 03) The Owner expressly waives the right to indemnity for claims other than those stated above in paragraphs 01) & 02). 04) The Owner shall indemnity and hold harmless the Contractor, his agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area 05) The Contractor expressly waives the right to indemnity for claims other than those stated above in paragraph 04). GC6.03 Contractor's InSurance GC6.03.01 Genem! 01) Without restricting the generality of subsection GC6.02, Indemnification, the Contractor shall provide, maintain and pay for the insurance coverages listed in this General Condition under clauses GC6.03.02 and .03. Insurance coverage in clauses GC6.03.04, .05 and .06 will only apply when so specified in the Contract Documents. OPS General Conditions of Contract I I 20 GC6.03.02 GenerallJability Insurance I 01) General liability insurance shall be in the joint names of the Contractor, the Owner, and the Contract Administrator with limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to property Including loss of use thereof, with a property damage deductible of not more than $5000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100, dated 8-87. I I I 02) Another form of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are-included. . Approval of this insurance will be conditional upon the Contractor obtaining the services of a recognized Insurance Consultant and obtaining the Consultant's certificate of equivalency to the required insurance. I I 03) The insurance shall be maintained continuously from the commencement of the Work until 12 months following the date of substantial performance of the Work, as set out in the certificate of Substantial Performance of the Work, or until the certificate of Final Acceptance of the Work is issued, whichever is the later, and with respect to completed operations coverage for a period of not less than 24 months from the date of Final Acceptance otthe Work as set out in the certificate of Final Acceptance of the Work, and thereafter to be maintained for a further period of 4 years. I I ~ I I 04) The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and failure of the Contractor to do so will result in the cancellation by the Owner of the limit of the Contractor's indemnification under paragraph 01) (c) of subsection GC6.02, Indemnification. I I OS) Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, or pile driving or caisson work, or removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. il II I 06) The policies shall be endorsed to provide the Owner with not less than 30 days written notice In advance of cancellation, change or amendment restricting coverage. 07) 'Claims Made' insurance policies will not be permitted. I GC6.03.03 Automobile liability Insurance 01) Automobile liability insurance in respect of I licensed vehicles shall have limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death and damage to property, in the follOWing forms endorsed to provide the Owner with not less than 30 days' written notice in advance of any cancellation, change or amendment restricting coverage: (a) standard non-owned including standard endorsement; and automobile contractual policy liability (b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC6.03.04 Aircraft and Watercraft liablTlty Insurance 01) Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death, and damage to property inCluding loss of use thereof, and limits of not less than 5 million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 days' written notice in advance of cancellation, change or amendment restricting coverage. GC6.03.05 Property and Boiler Insurance GC6.03.05.01 Property Insurance 01) All risks property insurance shall be in the joint names of the Contractor, the Owner and the Contract Administrator, insuring not Jess than the sum of the amount of the Contract Price and the full value, as may be stated in the Supplemental General Conditions, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1 % of the amount insured at the site of the Work. This insurance shall be In a form acceptable to the Owner and shall be maintained continuously until 10 days after the date of Final Acceptance of the Work, as set out in the certificate of Final Acceptance of the Work. GC6.03.05.02 Boiler Insurance 01) Boiler insurance insuring the Interests Of the Contractor, the Owner and the Contract Administrator for not Jess than the replacement value of boll6fS and pressure vessels forming part of the Work, shall be in -) ) OPS General Conditions of Contract I I ( I I I I I I I I :. I I I I I I I I I I a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property Insurecl until 10 days after the date of Final Acceptance of the WOrk, as set out in the certificate of Rnal Acceptance of the Work. GC6.03.05.03 Use and Occupancy of the Work Prior to Completion 01) Should the Owner wish to use or occupy part or all of the Work prior to substantial performance, the Owner will give 30 days, written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be. at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. 02) The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the Insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. GC6.03.05.04 Payment for. loss .or.Damage 01) The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the . Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Section GCS, Measurement and Payment. In addition the Contra9{or shall be entitled to receive from the payments made by the Insurer the amount of the Contractor's interest in the restoration of the Work. 02) The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's 21 responsibility by the terms of this Contract. 03) In the event of loss or damage to the Work arising from the action of others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and In accordance with the requirements of Section GCS, Measurement and Payment. GC6.03.06 Contractors' Equipment Insurance 01) All risks Contractors' equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow. subrogation claims by the Insurer against the Owner.. The policies shall be endorsed to provide the Owner with not less than 30 days' written notice in advance of cancellation, change or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's equipment. GC6.03.07 Insurance Requirements and Duration 01) Unless specified otherwise the duration of each insurance policy shall be from the date Of commencement of the Work until 10 days after the date of Final Acceptance of the Work, as set out in the certificate of Final Acceptance of the Work. 02) The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior to commencement of the Work, and signed by an officer of the Contractor and either the underwriter or the broker. 03) The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance pOlicy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certitied true copy shall include a signature by an officer of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the broker. 04) Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. OPS General Conditions of Contract I I I 22 05) Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts under the policies. I 06) If the Contractor fails to provide or maintain insurance as required in this General Condition or elsewhere in the Contract Documents, then the Owner will have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. I I 07) If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 days of the date on which the Owner made a formal demand for. I I I I I I I I I I I I I I reimbursement of such costs the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC6.04 Bonding 01) The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. 02) Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. OPS General Conditions of Contract ) I . ( I 23 secnON Gel CONTRACTOR'S RESPONSIBIUTlES AND CONTROL OF lHE WORK August 1990 GC7.01 GeneIaI I 01) The Contractor warrants that the site of the Work has been visited during the preparation of the tender and the character of the Work and all local conditions which may affect the performance of the Work are known. I I 02) The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. I 03) The Contractor.shall have. complete control of the work and shall effectively direct and supervise the work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work. I I I 04) The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. :. 05) Notwithstanding paragraph 04) of subsection GC7.01, General, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specitied method of construction. The Contractor shall, however, be responsible for the execution of such design or specitied method of construction in the. same manner that the Contractor is responsible. for the execution of the Work. I I I I I 06) The Contractor shall be' responsible for construction health and safety within the working areas and for compliance with the Occupational Health and Safety Act and Regulations. So as to avoid any misunderstanding as to the extent of the Contractor's responsibility, the Contractor, by executing the Contract unequivocally acknowledges that the Contractor is the Constructor within the meaning of the Act. I I 07) The Contractor shall have an authorized representative on the site while any. work . is . being performed, to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor I shall notify the Contract Administrator of the name(s), addressees), positlon(s) and telephone number(s) of the Contractor's representative(s) who can be contacted at any time to deal with matters relating to the Contract. 08) The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. 09) The Contractor. shall prepare, and update as required, a construction schedule indicating the timing of the major and critical activities of the Work. The schedule shall be designed to ensure conformity with the specified Contract Time. The schedule shall be .' submitted to the Contract Administrator within 14 days ., from the date of the contract award. 10) Where the Contractor finds any errors, inconsistency or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. 11) The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. 12) The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections which may be affected by the Work. The Contractor shall be responsible for any damage done to the underground utilities by the Contractor's forces during construction it the stake out locations are within the tolerances given in subsection GC2.01, Reliance on Contract Documents. The Contractor shall be responsible for any damage done to the service connections. GC7.02 layout 01) Prior to commencement of construction, the Contract Administrator and the Contractor will locate on site those property bars, baselines and benchmarks which are necessary to delineate the Working Area and to layout the Work, all as shown on the Contract Drawings. I OPS General Conditions of Contract I 24 I I 02) The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars which must be removed to facilitate the Work. Any property bars disturbed, damaged or removed by the Contractor's operations shall be replaced under the supervision of an Ontario Land Surveyor, at no extra cost to the Owner. I I 03) At no extra cost to the Owner, the Contractor shali provide the Contract Administrator with such materials and devices as may be necessary to layout the baseline and benchmarks, and as may be necessary for the inspection of the Work. I I I 04) The Contractor shall provide qualified personnel to layout and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. I I .. I I 05) The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. 06) The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. 07) All stakes, marks and reference points provided by the Contract Administrator shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks and reference points will be replaced by the Contract Administrator at no extra cost to the Owner. I I I GC7.03 Damage by Vehicles or Other Equipment 01) If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. I I I I ) GC7.04 Excess loading d Mota Vehicles 01) Where a vehicle is hauling material for use on the Work, in whole or in part upon a Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, whether such vehicle Is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing dispUted loads. GC7.05 Condition of the Working Area 01) The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris, other than that caused by the Owner or others. GC7.06 Maintaining Roadways and Detours 01) Where an existing Roadway is affected by construction, it shall be kept open to traffic, and the Contractor - shall, except as otherwise provided in this subsection, be responsible for providing and maintaining for the duration of the Work, a road through the Work, whether along an existing Highway, including the road under construction, or on detours within or adjacent to the Highway, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). 02) The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Conditions. 03) Where localized and separated sections of the Highway only are affected by the Contractor's operations, the Contractor will not be required to maintain intervening sections of the Highway until such times as these sections are lOCated within the limits of the Highway affected by the Contractor's general operations under the Contract. The Contractor shall not be required to apply deicing chemicals or abrasives or carry out snowplowing. 04) Where the Contract Document provides for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours, and if required, for the subsequent removal of the detours, will be made at the Contract prfces appropriate to such work. ) ) OPS General Conditions of Contract I r' ( I I I I I I I I .. I I I I I I I I I 05) The Owner will bear the cost of maintaining, In a satisfactory condition for traffic, a road through the Working Area The road through the Work will Include any detour constructed in accordance with the Contract Documents or required by the Contract Administrator. Compensation for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to the work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included In the prices bid for the various tender items and no additional payment will be made. 06) Where work under the Contract is discontinued for any extended period including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the roadway and detours in a passable, safe and satisfactory condition for public travel. 07) Where the Contractor constructs a detour which is not specifically provided for in the Contract Document, or required by the Contract Administrator, the construction of the detour and, it required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal shall be performed as directed by the Contract Administrator. 08) Where, with the written approval of the Contract Administrator, the Highway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply and erect traffic control devices in accordance with the MUTCD. 09) Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC6.01, Protection of Work, ,Persons and Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. Gel.07 Access to Properties Adjoining the Work and Interruption of Utility Services 01) The Contractor shall provide at all times. and at no extra cost to the Owner (a) adequate pedestrian and vehicular access; and (b) continuity of utility services to properties adjoining the Working Area 25 02) The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, and water and gas valves located In the Working Area 03) Where any interruptions in the supply of utility services are required and are authorfzed by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC7.11, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC7.08 ApprOVals and Permits 01) Except as specified in paragraph 02) of this subsection, the Contractor shall obtain any permits, licenses, and certificates required for the performance of the Work which are in force at the date of tender closing, 02) The Owner will obtain and pay for the necessary plumbing and building permits. 03) The Contractor shall arrange for all necessary inspections. GC7.09 SUSpension of Work 01) The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or aU of the Work and work will not be reSumed until the Contract Administrator will, in writing, so direct. Delays, in these circumstances, will be administered according to subsection GC3.08, Delays. GC7.10 Contractor's Right to Stop the . Work or Tenninate The Contract 01) If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because ' of insolvency or it a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. 02) If the Work is stopped or otherwise delayed for a period of 30 days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. 03) The Contractor may notify the Owner in writing, OPS General Conditions of Contract I I 26 I with a copy to the Contract Administrator, that the Owner is in default of contractual obligations it I (a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC8, Measurement and Payment; I (b) the Owner fails to pay the Contractor, within 30 days of the due date, the amounts certified by the Contract Administrator or awarded by arbitration or court; or I (c) the Owner violates the requirements of the Contract. I 04) The Contractor's written notice to the Owner shall advise that it the default is not corrected in the 7 days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. I I 05) If the Contractor terminates the Contract under the conditions set out in this subsection, the Contractor . shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor may sustain as a result of the termination of the Contract. I .. I I GC7.11 Notices by the Contractor 01) Before work is carried out which may affect the property or operations of any Ministry or agency of government or any person, company, partnership or corporation, including a m~nicipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Document, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so affected. I I 02) In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such damage or interference. I I GC7.12 Obstructions I 01) Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction' encountered in the performance of the Work and any traffic conditions, including traffic COnditions on any highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall II I ') not make any claim against the Owner for any loss, damage or expense occasioned thereby. 02) Where the obstruction is an underground utility such as a telephone cable, watermain, gas main or sewer or other man-made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the lOCation of the obstruction is shown on the plans or described in the specifications and the lOCation so shown is within the tolerance specified in paragraph 01)(a) of subsection GC2.01, Reliance on Contract Documents, or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. 03) During the course of the Contract, it is the Contractor's responsibility to consult with utility companies or other appropriate authorities for further information in regard to the exact location of these utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the utility from damage. GC7.13 Umitations eX Operations 01) Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry on operations under the Contract on Sundays without permission in writing from the Contract Administrator. 02) The Contractor shall cooperate with other Contractors, utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC7.14 Cleaning Up Before Acceptance 01) Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified. 02) The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery and equipment The Contractor shall also have removed debris, other than that caused by the Owner, or others. OPS General Conditions of Contract I I' ( I I I I I I I I ~ I I I I I 'I I I I I GC7.15 Warranty 01) The Contractor shall be responsible for the proper performance of the Work only to the extent that the design and specifications permit such performance. 02) Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies In the Work which appear prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certiticate of Substantial 2:l Performance of the Work, or where there Is no Substantial Performance certificate, 12 months from the date of Completion of the Work as set out In the Completion Certificate or such longer periods as may be specified for certain materials or work. The Contract Administrator will promptly give the Contractor written notice of observed defects or deficiencies. 03) The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 02) of this subsection. OPS General Conditions of Contract I 28 I ) I I ~~ I I I I I I - - I I . I I I I I I ) I ) OPS General Conditions of Contract I I 29 SECTlON GCS MEASUREMENT AND PAYMENT I GCS.01 Measurement GC8.01.01 Quantities I 01) The Contract Administrator will make an estimate once a month, in writing, of the quantity of work performed. The first estimate will be the quantity of the work performed since the Contractor commenced the Contract, and every subsequent estimate, except the final one, will be of the quantity of work performed since the preceding estimate was made. The Contract Administrator will provide the copy of each estimate to the Contractor within 10 days of the Cut-Off Date. I I I 02) Such quantities for progress payments shall be construed and held to be approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of the work completed. I 03) Measurement of the quantities of the work will be either by Actual Field Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements will normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Field Measurements. I I I GCS.01.02 Variations in Tender Quantities I 01). Where it appears that the quantity of work to be done and/or Material to be supplied by the Contractor under a unit price tender item will exceed or be less than the tender quantity, the Contractor shall proceed to do the work and/or supply the material required to complete the tender item and payment will be made for the actual amount of work done and/or materials supplied at the unit prices stated in the tender except as provided below: I I (a) In the case of a Major Item where the amount of work performed and/or material supplied by the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed and/or material supplied which exceeds 115% of the tender quantity. The negotiation . shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the actual cost of doing the work and/or supplying the material under the tender item plus a reasonable allowance for profrt and applicable overhead. I I I I August 1990 (b) In the case of a Major Item where the quantity of work performed and/or material supplied by the Contractor is less than 85% of the tender quantity, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed and/or material supplied. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on. the actual cost of performing the Work and/or supplying the material under the tender item plus a reasonable allowance for profit and applicable overhead. Alternatively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun which is less than 85% of the tender quantity will be paid. GCB.02 Payment GCB.02.01 Price for Work 01) Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment and Material' shall include Hand Tools, supplies and other incidentals. 02) Payment for work not specitically detailed as part of any one item and without specified details of payment will be deemed to be included in the item(s) with which it is associated. GCB.02.02 Advance Payments for Material 01) The Owner will make advance payments for material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: (a) The Contractor shall, in advance of receipt of the shipment of the material, arrange for adequate and proper storage facilities and notify the Contract AdminiStrator of their location(s). (b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: (i) Sources Other Than Commercial (A) Granular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the contract price. I I OPS General Conditions of Contract I 30 I I (6) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the contract price for each aggregate stockpiled. I (iO Commercial Sources I Payment for separated coarse and fine aggregates will be considered, at the above rate, when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product. Advance payments for other materials located at a commercial source will not be made. I I I (c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator b~ore payment can be made by the Owner. I I (d) The payment for all materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Contract price for the item. I (e) All materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator. I I I I (t) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use or destruction of the material however caused. I GC8.02.03 Certification and Payment Progress Payment Certificate I GC8.02.03.01 01) The value of the work performed and material supplied will be calculated once a month by the Contract Administrator in accordance with the Contract Documents and the quantities described in clause I I OPS General Conditions of Contract 1 GCB.01.01, Quantities. 02) The progress Payment Certificate will show (a) the quantities of work performed; (b) the value of work performed; (c) the amount of statutory holdback, liens, owners set-off; and (d) the amount due the Contractor. 03) One copy of the progress Payment Certificate will be sent to the Contractor. 04) Payment will be made within 30 days of the Cut- off Date. GCB.02.03.02 Certification of Subcontract Completion . 01) Before the Work has reached the stage of substantial performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of the subcontract. 02) The Contract Administrator will issue a Certiticate of Subcontract Completion it the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory . 03) Within 7 days of the date the subcontract is certified complete the Contract AdministratQr will give a copy of the certificate to the Contractor and to the Subcontractor concerned. GCB.02.03.03 Subcontract Statutory. Holdback Release Certificate and Payment 01) Following receipt of the Certificate of Subcontract Completion, the Owner will release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made after 45 days from the date the subcontract was certified comp/ete and providing the Contractor submits the following to the Contract Administrator: (a) a document satisfactory to the Contract Administrator that will release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; ) I I ( I (b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all incurred liabilities In carrying out the subcontract; I (c) a satisfactory clearance certificate or letter from the Workers' Compensation Board relating to the subcontract; and I (d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. I I I 02) Paragraph (d) will only apply to Lump Sum items and then only when the Contract Administrator specifically requests it. 03) Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract. 04) Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. I GC8.02.03.04 Certification of Substantial Performance I .. I 01) Upon application by the Contractor and where the Contract has been substantially performed the Contract Administrator will issue a Certificate of Substantial Performance. I 02) The Contract Administrator will set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and within 7 days after signing the said certificate the Contract Administrator will provide a copy to the Contractor. I I 03) Upon receipt of a .copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. I I 04) Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 days after receiving a copy of the certiticate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. I 05) Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period prior to the release of holdback as referred to in clause I 31 GCS.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates. shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GCS,02.03.05 Substantial Performance Payment and Statutory Holdback Release payment Certificates 01) When the Contract Administrator Issues the Certiticate of Substantial Performance the Contract Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory HOldback Release Payment Certificate or where appropriate, a combined payment certificate. 02) The Substantial Performance . Payment Certiticate will show (a) the value of work performed to the date of Substantial Performance; (b) the value of outstanding or incomplete work; (c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; (d) the amount of maintenance security required; and (e) the amount due the Contractor. 03) The Substantial Performance Statutory HOldback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of work performed up to the date of substantial performance. Payment of such statutory holdback shall be made after 45 days from the date of publication of the Certiticate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: (a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualitied by stated exceptions such as outstanding work or matters arising out of subsection GC3.14, Claims, Negotiations, Disputes; (b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's I OPS General Conditions of Contract I 32 I I Subcontractors in carrying out the Contract have been discharged except for statutory hold backs properly retained; I (c) a satisfactory Certificate of Clearance from the Workers' Compensation Board; and (d) proof of publication of the Certiticate of Substantial Performance. I GCS.02.03.06 Certification of Completion I 01) Upon application by the Contractor, and when the Contract reaches Completion, the Contract Administrator will issue a Completion Certificate. I I 02) The Contract Administrator will set out in the Completion Certificate the date on which the Work was completed and within 7 days of signing the said certificate the Contract Administrator will provide a copy to the Contractor. GCS.02.03.07 Completion Payment and Statutory Holdback Release Payment Certificates I I .. I I 01) When the Contract Administrator issues the Completion Certificate, the Contract Administrator will also issue the Completion Payment Certificate and the Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. 02) The Completion Payment Certificate will show (a) measurement and value of work at completion; I (b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and I (c) the amount due the Contractor. I 03) The Completion Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be made after 45 days from the date of completion of the Work as established by the Completion Certificate but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: I I (a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; . I I (b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and (c) a satisfactory Certificate of Clearance from the Workers' Compensation Board. GC8.02.03.08 Interest 01) Interest due the Contractor is based on simple interest and is calculated using the applicable Rates of Interest. GC8.02.03.09 Interest for lale Payment 01) When the Contractor has complied with the requirements of the Contract and when payment by the Owner to the Contractor for work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to payment for Work performed at the Rate(s) of Interest from a date or dates derived from the following: (a) Progress Payment: a date 30 days after the Cut-off Date; (b) Subcontract Completion and Subcontract Statutory Holdback: a date 75 days after the date the subcontract is certitied complete; (c) Substantial Performance .and Statutory Holdback: a date 75 days after the date the Certificate of Substantial Performance is published; (d) Completion and Holdback: a date 75 days after the date the Contract is certitied complete. GC8.02.03.10 Interest for Negotiations and Claims 01) Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits and/or procedure described by subsection GC3.14, Negotiations, Claims, Disputes, the Owner will pay the Contractor the Rate(s) of Interest on the amount of the negotiated price for the work or on the amount of the settled claim. Such interest will not commence until 30 days after the satisfactory completion of the work. 02) Where the Contractor does not attempt to resolve the negotiation or the claim, In an expeditious manner, interest shall be negotiable. ) OPS General Conditions of Contract ) I I ( I I I I I I I I - .. I I I I I I I I I 03) Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC3.14, Negotiations, Claims, Disputes, interest shall not be paid. 04) Where a Contractor fails to comply with the 3O-day time limit and the procedures prescribed by subsection GC3.14, Negotiations, Claims, Disputes, for submission of claims, interest shall not be paid for the delay period. GCS.02.03.11 Qwne(s Set-off 01) Pursuant to Section 12 of the Construction Lien Act 1983 . Set-off by Trustee, the Owner may retain from monies owing to the Contractor under this or any other contract an amount sufficient to cover any outstanding or disputed./iabi/ities including thecost.to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties which have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph (a) of clause GC8.01.02, Variations in Tender Quantities, any assessment due the Workers' Compensation Board and any monies to be paid to the workers in accordance with clause GCS.02.06, Payment of Workers. 02) Under these circumstances the Owner will give the Contractor appropriate notice of such action. GCS.02.03.12 Delay in Payment 01) The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 days from the normal due date. GCS.02.04 Payment on a Time and Materiai Basis GCS.02.04.01 Definitions 01) For the purposes of this clause the following definitions apply: "Cost of Labour" means the amount of wages, salary and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for. general supervision, administration or management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for equipment. 33 "Cost of Materiai. means the COst of material purchased, or supplied from stock, and valued at current market prices, for the purpose of carrying out extra work, by the Contractor, or by othels when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. "Payroll Burden" means the payments in respect of Workers' compensation, vacation pay, unemployment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments forming part of the Contractor's normal '-abour costs and shall include any cost or expense as the Contract Administrator may approve, which has been incurred by the Contractor for travel, travel time, food, lodging or similar items. 'Rented Equipment" means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate or affiliate of the lessee as defined by the Securities Act, RSO 1980, Chapter 466, al)d is approved by the Contract Administrator. 'Operated Rented Equipment' means Rented Equipment rented or leased for the special purpose of Work on a Time and Material Basis for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. 'Road Work' means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures. 'Sewer and Watermain Work' means the .preparation, construction, finishing and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. 'Standby Time' means any period of time which is not considered working time and which together with the working time does not exceed 10 hours in anyone working day and during which time a u~it of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. 'Structure Work" means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto. OPS General Conditions of Contract I I I I I I I I I I :. I I I I I I I I I 34 "The 127 Rate" means the rate for a unit of equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the work is carried out or for equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining the 127 Rates. "W~rk on a Time and Material Basis" means Changes in the Work, Extra Work and Additional Work approved by the Contract Administrator for payment on a time and material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, specitications and provisions of the Contract. "Working Time" means each period of time during which a unit of equipment is actively and of necessity engaged on a specitic operation and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. GCS.02.04.02 Daily Work Records 01) Daily Work Records prepared as the case may be by either the Contractor's representative or the Contract Administrator and reporting the labour and equipment employed and the material used on each Time and Material project, shall be reconciled and signed each day by both the Contractor's representative and the Contract Administrator. . GCS.02.04.03 Payment for Work 01) Payment as herein provided shall be full compensation for all labour, Equipment and Material to do the work on a Time and Material basis exceptwhere there is agreement to the contrary prior to the commencement of the work on a Time and Material basis. The payment adjustments shall apply to each individual Change Order authorized by the Contract Administrator. GCS.02.04.04 Payment for Labour 01) The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000. GCS.02.04.05 Payment for Material 01) The Owner will pay the Contractor for material used on each Time and Material project at 120% of the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of $3,000. GCB.02.04.06 Payment for Equipment GCB.02.04.06.01 Working Time 01) The Owner will pay the Contractor for the Working Time of all equipment other than Rented Equipment and Operated Rented Equipment used on the Work on a Time and Material basis at the 127 Rates with a cost adjustment as follows: (a) Cost $10,000 or less - no adjustment; (b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 9()0,{, of the portion in excess of $10,000; and (c) Cost greater than $20,000 - $19,000 plus 80% of the portion in excess of $20,000. 02) The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of the 127 Rate. This constraint will be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. 03) The Owner will pay the Contractor for the Working Time of Operated Rented Equipment use on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the equipment on the work on a Time and Material Basis. GCB.02.04.06.02 Standby Time 01) The Owner will pay the Contractor for Standby Time of Equipment at 35% of the 127 Rate or 35% of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Work Area for extended periods agreed to by the Contract Administrator. This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis 02) In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of Idleness caused by the circumstances giving rise to the Work on a Time and Material Basis OPS General Conditions of Contract ) I I 03) The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time.and Material Basis to be returned to the Lessor until the work requiring the equipment can be resumed. The Owner will pay such costs as result directly from such return. I I 04) When equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material Basis, payment will be made by the Owner only in respect of the transporting units. When equipment is moved under its own power it shall be deemed t9 be working. The method of moving equipment and the rates shall be subject to the approval of the Contract Administrator. I I I I GC8.02.04.07 Payment for Hand Tools 01) Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of hand tools or equipment that are tools of the trade. I GC8.02.04.08 Payment for Work By Subcontractors I 01) Where the Contractor arranges for work on a Time and Material Basis, or a part of it, to be performed by Subcontractors on a Time and Material Basis and has received approval prior to the commencement of the work, in accordance with the requirements of subsection GC3.10, Subcontracting by the Contractor, the Owner will pay the cost of work on a Time and Material Basis by the Subcontractor calculated as it the Contractor had done the work on a Time and Material Basis, plus a markup calculated on the following basis: :. I I I I (a) 20"10 of the first $3,000; plus I (b) 15% of the amount from $3,000 to $10,000; plus (c) 5% of the amount in excess of $10,000. I 02) No further markup will be applied regardless of the extent to which the work is assigned or sublet to others. If work is assigned or sublet to an associate, as defined by the Securities Act, RSO 1980, Chapter 466, no markup whatsoever will be applied. I GC8.02.04.09 Submission of Invoices I 01) At the start of the work on a Time and Material Basis, the Contractor shall provide the applicable labour and equipment rates not already submitted to the Contract Administrator during the course of the I \ I 35 Work. 02) Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Accounts on a Time and Material Basis.. Each summary shall include the order number and covering dates of the work and shall itemize separately labour, materials and equipment. Invoices for materials, Rented Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary. 03) Each month the Contract Administrator will include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work ona Time and Material Basis. 04) The final "Summary for Payment of Accounts on a Time and Material Basis' shall be submitted by the Contractor within 60 days after the completion of the work on a Time an Material Basis. GCB. 02. 05 Final Acceptance Certificate 01) After the acceptance of the Work the Contract Administrator will issue the Final Acceptance Certiticate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. GCS.02.06 Payment of Workers 01) The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. 02) The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with this clause. 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 GCS.02.03.11, Owner's Set-off. GCB.02.07 Records 01) The Contractor shall maintain and keep OPS General Conditions of Contract I I 36 I accurate Records relating to the Work, Changes in the Work, Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is Issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, changes in the work, Extra Work and claims arising therefrom for. a similar period of time. I I I 02) If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall report the labour and equipment employed and the material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day. I I 03) The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract in accordance with paragraph 01) of this clause. The Contractor shall supply certified copies . of any part of his Records required whenever requested by the Owner. I I ~ I I GC8.02.08 Taxes and Duties 01) Taxes, customs duties and excise taxes on all I I I I I I I \ fuels, materials and services, except for refundable taxes and duties, shall be included in the Contract price. 02) The Contractor shall pay all taxes, customs duties, and excise taxes on all fuels and materials with respect to the Contract. Where applicable, the Contractor shall apply for any refunds of taxes and duties to the appropriate tax levying authority. 03) Any increase or decrease in costs of materials and fuels incorporated into the Work due to changes in such taxes and duties after the date of the tender closing shall increase or decrease the Contract price accordingly. Both parties to the Contract shall assist the other in applying for refunds, where appropriate, by providing receipts, records or other help. GC8.02.09 Uquidated Damages 01) When liquidated damages are specified in the Contract and the Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. \ OPS General Conditions of Contract )