HomeMy WebLinkAbout95-112 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 95-112
Being a By-law to authorize a contract between
the Corporation of the Municipality of
Clarington and Bishop Construction, o/a
Bisquip Leasing Corporation, with respect to
the Waterfront Trail Construction, Phase 3 ,
Waverley Road to West Beach Road.
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
with the Corporation Seal, a contract between Bishop
Construction, o/a Bisquip Leasing Corporation and said
Corporation.
By-law read a first and second time this 17th day of July, 1995 .
By-law read a third and finally passed this 17th day of July, 1995 .
Mayor
Deputy Cle
MUNICIPALITY OF
�arington
ONTARIO
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L totten sims hubicki associates
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' CORPORATION OF THE
' MUNICIPALITY OF CLARINGTON
WATERFRONT TRAIL CONSTRUCTION
PHASE 3
CONTRACT NO. CL95-4
1
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' MARCH 1995
1
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totten sims hubicki associates
' Engineers, Architects and Planners
TSH No. 12 10427
AGREEMENT
THIS AGREEMENT made in Quadruplicate this 10th day of April, 1995
' BETWEEN: BISHOP CONSTRUCTION O/O BISQUIP LEASING CORPORATION
of the Regional Municipality of York and Province of Ontario
hereinafter called the `Contractor"
' THE PARTY OF THE FIRST PART
i
i
' - and -
tthe 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
t 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
tpurposes as though all the stipulations thereof have been embodied herein.
Page 1 of 3
DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Municipality of Clarington Contract No. CL95-4, Waterfront Trail Construction, Phase 3
ADDENDUM NO. 1, issued March 21, 1995
ADDENDUM NO. 2, issued March 27, 1995
A. TENDER FORM: General Pages 1 and 2
Itemized Bid Pages 3 and 4
Bond
Schedule of Tender Data Page 6
B. INSTRUCTIONS TO TENDERERS Pages 1 to 4
C. SPECIAL PROVISIONS - GENERAL Pages 1 to 8
D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 4
E. STANDARDS
F. PLANS: Drawing Nos. 13 and 14
G. 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
127 Current 410 Dec. 1988
128 Current 421 Dec. 1984
206 Dec. 1993 540 May 1988
314 Sept. 1988 904 Dec. 1983
H. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990)
iThe Contractor further agrees that he will deliver the whole of the works completed in
accordance with this agreement on or before Friday, May 26, 1995.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the
Contractor for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 of 3
IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED and sealed by the Contractor
)
in the presence of )
)
SIGNED and sealed b y the Purchaser
CORPORATION OF THE MUNICIPALITY OF CIARINGIGN
in the presence of )
JD 0A MS o
RTTI Fl��l ,
Page 3 of 3
CONTRACT NO. CL954
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
WATERFRONT TRAIL CONSTRUCTION, WAVERLEY ROAD TO WEST BEACH ROAD
ADDENDUM NO. 1
Contractors are notified of the following modifications to Contract No. CL95-4.
SPECIAL PROVISIONS - TENDER ITEMS
Page 2 - Construct Trail, Type `B' and Type `D' - Items No. 3 and 4.
Delete "Supply, placing and compaction of limestone screenings to 95% Proctor Density" and replace
with the following:
The Contractor shall load, haul, place and compact recycled asphalt material to a depth of 80 mm to
be placed as surfacing on Granular `B' Type 1 trail base. Recycled asphalt material shall be available
from a stockpile located at the Ministry of Transportation Patrol Yard between King's Highway No. 2
and King's Highway No. 115. The Municipality shall be responsible for crushing of recycled
material.
The recycled asphalt material will be available on or before July 1, 1995. The Contractor shall
complete the placing of the recycled material on the trail within ten working days from the date of
notification of availability of the recycled material.
The Contractor must load and place the RAP material while the Municipality is crushing to ensure the
material remains workable.
Page 3 - Precast Concrete Box Culvert - Item No. 7
The following sentence is added:
Work on the construction of the box culvert shall not commence until July 1, 1995 and installation of
the culvert shall proceed simultaneously with the placing of recycled asphalt surfacing.
SPECIAL PROVISIONS - GENERAL
Page 8 - Clause 19 "Construction Timing".
The following is sentence is added:
All work on the trail construction except for the placing of recycled asphalt surfacing and installation
of the precast concrete box culvert must be completed by May 26, 1995. The requirements of Clause
No. 2 "Contract Time and Liquidated Damages" shall apply separately, with respect to liquidated
damages, to the completion of the designated works by May 26, 1995 and to the completion of the
recycled asphalt surfacing within ten working days from the date of availability of material.
All tenders must be submitted on the basis of these modifications.
This addendum shall remain attached to and form part of all Tenders submitted.
' Totten Sims Hubicki Associates
513 Division Street, P.O. Box 910
Cobourg, Ontario K9A 4W4 7592srn6/10427/c
March 21, 1995
ttten sims hubicki associates
CONTRACT NO. CL954
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
WATERFRONT TRAIL CONSTRUCTION
WAVERLY ROAD TO WEST BEACH ROAD
ADDENDUM NO. 2
Contractors are notified of the following modification to Contract No. CL95-4.
SPECIAL PROVISIONS - TENDER ITEMS
rAddendum No. 1 is revised in that the placing of recycled asphalt material shall also apply to Trail
Type 'A'. - Item No. 2
All tenders must be submitted on the basis of this modification.
This Addendum shall remain attached to and form part of all Tenders submitted.
I�
Totten Sims Hubicki Associates
513 Division Street, P.O. Box 910
COBOURG, Ontario
K9A 4W4
March 27, 1995 7617E/s7/D7n0427c
PROJECT: TENDER FOR CONTRACT NO. CL95-4
AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT ADMINISTRATOR: 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
TENDERER: BISHOP CONSTRUCTION
Name
O/O BISQUIP LEASING CORPORATION
75 Fernstaff Court, #15, Concord, Ontario. L4K 3R3
Address (include Postal Code)
(905) 738-5600 (905) 738-4622
Telephone and Fax Numbers
Richard Bishop
` II
Name of Person Signing
President
Position of Person Signing
TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
13a2&AnllC
pages
Page 1 of 6 g
TENDER CONTRACT NO. CL95-4
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL95-4
Waterfront Trail Construction, Phase 3
Dear Sir:
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, j
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 6 pages
ITEMIZED BID CONTRACT NO. CL954
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL954 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 I Quantity Unit Price Total
No: No.
1. SP Site Preparation LS $1,461.30 $1,461.30
2. 206 Construct Trail Type `A' in 760 $24.48 $18,604.80
314
SP
3. 206 Construct Trail Type `B' m 440 $6.15 $2,706.00
314
SP
4. 206 Construct Trail Type `D' in 80 $45.79 $3,663.20
314
SP
5. 421 450 mm dia. Entrance Culvert LS $496.43 $496.43
SP Pipe, Plain Galvanized, 1.3 mm
Gauge Including Excavation,
Type 1 Bedding and Granular `B'
Backfill
6. 421 600 mm dia. Entrance Culvert LS $605.51 $605.51
SP Pipe, Plain Galvanized, 1.3 mm
I Gauge Including Excavation,
Type 1 Bedding and Granular `B'
Backfill
7. 410 Pre-cast Concrete Box Culvert LS $14,808.30 $14,808.30
904
SP
8a. SP Timber Bollards ea 2 $92.76 $185.52
8b. SP Galvanized Pipe Bollards ea 4 $153.80 $615.20
9. SP Protective Fencing m 180 $47.70 $8,586.00
10. 540 Brace Panels ea 3 $184.22 $444.66
SP
Page 3 of 6 pages
ITEMIZED BID CONTRACT NO. CL954
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL954 for the following unit prices.
Item Spec. Description of Item Unit I Quantity Unit Price Total
No. No.
11. SP Silt Fencing m 40 $14.37 $574.80
TOTAL (excluding GST) $52,751.72
GST (7% of Total) $3,692.62
TOTAL TENDER AMOUNT $56044.34
i
Tenderer's GST Registration No. R 100529916
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Page 4 of 6 pages
AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO.CL95-4
BOND NO. 83-5302-10-95
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
BISHOP CONSTRUCTION O!O BISOUIP LEASING CORPORATION
in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender Amount, and a
Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender
Amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of
the works shown or described herein, if the Tender for Contract No. CL95-4, Waterfront Trail
Construction, Phase 3, is accepted by the Authority.
IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted,
application for a Performance Bond and a Labour and Material Payment Bond must be made to the
Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null
and void.
DATED AT CONCORD, ONTARIO this 30TH day of MARCH 1995.
1 �
CANADIAN GENERAL INSURANCE COMPANY
Name of Bonding Company
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
KAREN RAMSEY, ATTORNEY-IN-FACT
Position
(This Form shall be completed and attached to the Tender Submitted).
Page 5 of 6 pages
SCHEDULE OF TENDER DATA CONTRACT NO. CL954
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 Pages 3 and 4
Agreement to Bond Page 5
Schedule of Tender Data Page 6
B. INSTRUCTIONS TO TENDERERS Pages 1 to 4
C. SPECIAL PROVISIONS - GENERAL Pages 1 to 8
D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 4
E. STANDARDS
F. PLANS: Drawing Nos. 13 and 14
G. 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
127 Current 410 Dec. 1988
128 Current 421 Dec. 1984
206 Dec. 1993 540 May 1988
314 Sept. 1988 904 Dec. 1983
H. 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. CL95-4, execu ed by me/us bearing date the 30TH day of MARCH 1995.
SIGNATURE
Richard Bishop
POSITION PRESIDENT
(COMPANY SEAL)
NAME OF FIRM BISHOP CONSTRUCTION
O/O BISQUIP LEASING CORPORATION
This is page 6 of 6 pages to be submitted as the Tender Submission for Contract No. CL95-4.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL95-4
INSTRUCTIONS TO TENDERERS
INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL95-4
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 AND CROSS-SECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . 3
13. TENDERERS TO INVESTIGATE . . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : 3
14. INQUIRIES DURING TENDERING 4
15. DEFINITION OF OWNER/AUTHORITY AND
ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
16. ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
17. INFORMATION MEETING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL95-4
1. GENERAL
SEALED Tenders plainly marked "Contract No. CL95-4" will be received until:
2:00 P.M., LOCAL TIME, FRIDAY, MARCH 31, 1995
and shall be addressed to: Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre 4
40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
2. BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested
shall be shown in the tender, in the space provided.
3. TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque in the minimum amount defined below,
made payable to the Authority, as a guarantee for the execution of the Contract.
Total Tender Amount Minimum Deposit
Required
$ 20,000.00 or less $500.00
20,000.01 to 50,000.00 1,000.00
' 50,000.01 to 100,000.00 2,000.00
100,000.01 to 250,000.00 9,000.00
250,000.01 to 500,000.00 19,000.00
500,000.01 to 1,000,000.00 40,000.00
1,000,000.01 to 2,000,000.00 75,000.00
2,000,000.01 and over 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.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL95-4 2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material Payment
Bond, each in an amount equal to 100 percent of the Total Tender Amount, 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 (GST)
The Tenderer shall NOT include any amount in his tender unit prices for the Goods and
Services Tax. The GST will be shown on each payment certificate and will be paid to the
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL95-4 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.
i
11. LOCATION
The work is located in Lots 11, 12 and 13, Concession B.F. `Darlington', from Waverly Road
to West Beach Road, Bowmanville.
12. SOILS INFORMATION AND CROSS-SECTIONS
A Soils Report has not been prepared for this project.
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.
1
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL954 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 Associates,
Telephone: 905 372-2121, attention: Mr. R. A. Kempton, P.Eng. or
Mr. R.J.J. Albright, B.A.Sc.
15: DEFINITION OF OWNER/AUTHORITY AND
r ENGINEER/CONTRACT ADMINISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall
be interpreted as meaning the Corporation of the Municipality of Clarington.
Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington.
Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may
be authorized by the Authority to act in any particular capacity.
16. 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.
17. INFORMATION MEETING
There will be an information meeting for Contractors on site at the date and time specified as
follows:
Friday, March 24, 1995 at 10:00 A.M. at the trail intersection with Waverly Road.
Attendance at this site meeting is mandatory for potential bidders.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
L -4
CONTRACT NO. C 95
SPECIAL PROVISIONS - GENERAL
INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL95-4
CLAUSE SUBJECT PAGE
1. GUARANTEED MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. CONTRACT TIME AND LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . 1
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE . . . . . . . . . . . . . . . . . . . . . 2
4: OPS GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5:_ - REVISION TO OPS GENERAL CONDITIONS . . . : . : . . . . : . . . . . : . . . : . : . . 2
6. LAYOUT . . . . . . . . . . . . 2
7. RESTRICTIONS ON OPEN BURNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
8. SUPPLY OF MATERIALS . . . • . . . . • . 3
9. PAYMENTS . . 4
10. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND
USED BY THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
' 11. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12. DUST CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . 6
14. ENGINEERING FIELD OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15. SPILLS REPORTING 7
16. PROTECTION OF WATER QUALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17. APPLICABLE STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 8
18. GOVERNMENTAL REQUIREMENTS . . . . . . . . 8
19. CONSTRUCTION TIMING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1
PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL95-4
1. GUARANTEED MAINTENANCE
' The Contractor shall guarantee and maintain the entire work called for under this Contract for a
period of twelve (12) 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, GC 1.04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defined in Clause
' GC 1.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GC1.06 of the
General Conditions on or before Friday, May 26, 1995.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift
basis, it is expected that additional and/or augmented daylight shifts will be required
throughout the life of the contract to the extent deemed necessary by the Contractor to
insure that the work will be completed within the contract time specified. Any additional
' costs occasioned by compliance with these provisions will be considered to be included in
the prices bid for the various items of work and no additional compensation will be allowed
therefor.
(3) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the
contract is not completed by the date specified, or as extended in accordance with
Section GC3.07 of the General Conditions, a loss or damage will be sustained by the
Authority. Since it is and will be impracticable and extremely difficult to ascertain and
determine the actual loss or damage which the Authority will suffer in the event of and by
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL95-4 2.
' reason of such delay, the parties hereto agree that the Contractor will pay to the Authority
the sum of Two Hundred Dollars ($200.00) as liquidated damages for each and every
calendar day's delay in achieving completion of the work beyond the date prescribed. It is
agreed that this amount is an estimate of the actual loss or damage to the Authority which
will accrue during the period in excess of the prescribed date for completion.
The Authority may deduct any amount under this paragraph from any moneys that may be
due or payable to the Contractor on any account whatsoever. The liquidated damages
payable under this paragraph are in addition to and without prejudice to any other remedy,
action or other alternative that may be available to the Authority. ,
' 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.01.07 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, Definitions, 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.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL954 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.'` RESTRICTIONS ON OPEN BURNING
Open fires will not be permitted within the limits of this Contract. Brush and debris may as an
' alternative to burning, be disposed of outside the Contract Limits and in compliance with the
requirements specified elsewhere for Management and Disposal of Excess Material.
' 8. 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
I
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 Cable, extra low voltage (121.063)
6.80.30 Filler, Petrolatum (121.120)
6.85 Traffic Signal/Flasher Equipment
6.85.25 Flasher Beacon, Aluminum (121.310)
' 9.15.70 Bearings Rotational
9.20.10 Coal Tar Epoxy
(2) By the addition of the following:
9.15.71 Bridg e Rotational, Pot, Class lA
9.20.10 (Structural Steel) Coal Tar Epoxy
9.20.15 (Structural Steel) Coal Tar Epoxy
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL95-4 4.
9. 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 21/2 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 2-1/2%, 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.
SPECIAL PROVISIONS - GENERAL
' CONTRACT NO. CL954 5.
' 10. 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
' Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
' BOWMANVILLE, Ontario L1C 3A6
Re: Contract No. CL95-4
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..........
Municipalityof ........................................
(Please complete above in printing)
Final payment will not be released to the Contractor until all the applicable forms of release
have been signed by the property owners and received by the Authority.
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SPECIAL PROVISIONS - GENERAL
' CONTRACT NO. CL95-4 6.
11. 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.
12. 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.
' 13. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address
' and telephone number of a responsible official of the contracting firm, shall be given to the
Contract Administrator. This official shall be available at all times and have the necessary
authority to mobilize workmen and machinery and to take any action as directed by the Contract
' Administrator in case emergency or maintenance measures are required regardless whether the
emergency or requirement for maintenance was caused by the Contractor's negligence, act of
God, or any cause whatsoever.
Should the Contractor be unable to carry out immediate remedial measures required, the
Authority will carry out the necessary repairs, the costs for which shall be charged to the
' Contractor.
14. ENGINEERING FIELD OFFICE
1
e for the Contract Administrator will not be A separate h office ell • c required on this Contract. The q
' 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.
The Contractor shall supply an OKI 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
SPECIAL PROVISIONS - GENERAL
' CONTRACT NO. CL95-4 7.
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$200.00 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.
' 15. 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.
16. PROTECTION OF WATER QUALITY
iAt all times, the Contractor shall maintain existing stream flows and shall control all
construction work so as not to allow sediment or other deleterious materials to enter streams.
' No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres
' from the watercourse. Where this measure is not sufficient or feasible to control sediment
entering the watercourses, sedimentation traps or geotextile coverage will be required.
If dewatering is re q uired 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.
1
SPECIAL PROVISIONS - GENERAL
rCONTRACT NO. CL954 8.
rThe 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.
I
r17. 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.
' 18. GOVERNMENTAL REQUIREMENTS
r 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
tContractor's obligations under this Contract.
19. CONSTRUCTION TIMING
r
The Contractor is advised that he has the option, subject to the approval of the Contract
r Administrator, of stockpiling materials within the limits of the Contract to take advantage of
frozen ground conditions. Should the Contractor exercise this option stockpiling will proceed
prior to the official award of the Contract but only with the written authorization of the Contract
' Administrator.
The location of stockpiles and haulage routes must all be approved in advance by the Contract
Administrator.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
�i CONTRACT NO. CL95-4
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1
SPECIAL PROVISIONS
- TENDER ITEMS
1 13429niiic
PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL95-4
SITE PREPARATION - ITEM NO. 1
Under this item for the lump sum bid the Contractor shall undertake the following work:
- Removal and disposal of fencing.
- Removal and disposal of trees, brush, etc. within the width of the trail.
- Trimming of tree branches which overhang trail and disposal of debris. ,
- Removal and disposal of railway ties at box culvert site.
rj The disposal of the above items shall be off site.
The extent of clearing, fence removal, etc. will be limited to the width required to construct the trail
and will be reviewed on site with prospective bidders during the tendering process.
CONSTRUCT TRAIL, TYPE `A' - ITEM NO. 2
Payment shall be made under this Item for all labour, equipment and materials required to complete
the trail in accordance with the standard drawing.
The unit price bid shall include for the following work:
- Excavation in topsoil and earth materials and disposal of excavated materials on site in areas
agreed with the Contract Administrator.
- Compaction of subgrade area where directed by the Contract Administrator.
- Seeding of topsoiled areas adjacent to the trail.
- Placing and compacting of limestone screenings and Granular `B', Type 1 to 95% Proctor
density, in accordance with the standard.
- Restoration of disturbed areas adjacent to the trail with 150 mm depth of topsoil and seed.
Topsoil may be placed to a greater depth if sufficient volumes are available and ground
conditions require more.
- Restoration of road shoulders with Granular `A' at areas of intersection of trail with existing
roadways.
- Placing and compaction of suitable excavated earth material in trail areas where fill is
required to compensate for deeper topsoil. Excavated earth material may be stockpiled in
selected areas of the site to be available for use as fill within the trail width whenever it is
needed.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL95-4 2.
1 The proposed trail will follow the alignment staked in the field by the Contract Administrator and will
generally follow existing ground contours. Depth of topsoil to be removed may vary throughout the
site but all topsoil will be excavated within the width of trail construction.
The depth of Granular `B' may be reduced depending on depth of topsoil and sub g rade conditions.
Variation from the standard will be allowed only with the prior agreement of the Contract
Administrator.
Finished trail elevation shall be slightly higher than adjacent ground level. The Contractor shall be
responsible for clean-up of the site on completion of the work. +
CONSTRUCT TRAIL, TYPE B' - ITEM NO. 3
Payment shall be made under this Item for the supply of all labour, equipment and materials to
complete the trail in accordance with the standard drawing.
The unit price bid shall include for the following work:
- Fine grading, shaping and compaction of existing rock base.
I
- Supply, placing and compaction of limestone screenings to 95% Proctor density.
- Restoration of disturbed areas adjacent to the trail with 150 mm depth of topsoil and seed.
CONSTRUCT TRAIL, TYPE 'D' - ITEM NO. 4
Payment shall be made under this Item for the supply of all labour, equipment and materials to
complete the trail in accordance with the standard drawing.
The unit price bid shall include for the following work:
- Regrading of ground surface and disposal of surplus earth on site.
- Placing of Texel 7609 or approved equivalent geotextile to cover the full width of the trail
base.
- Supply and placing and compaction of Granular `B' Type 1 base to 95% Proctor density.
- Supply, placing and compaction of limestone screenings to 95% Proctor density.
- Restoration of disturbed areas adjacent to the trail with 150 mm depth of topsoil and seed.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL954 3.
450 MM DIA. AND 600 MM DIA. PIPE CULVERTS - ITEMS No. 5 AND 6
Payment shall be made under these Items for the installation of culverts in existing road ditches where
the trail intersects with existing roadways. The Contractor shall allow for a minimum culvert length
of nine metres.
The unit price bid shall include for excavation, supply and placing of culvert pipe, backfilling of
chlvert, topsoil and seeding of fill slopes, rounding and disturbed areas adjacent to walkway and
culvert.
1
Culvert pipe shall be placed in sufficient lengths to allow a 500 mm shoulder to each side of the 3 in
trail with 3:1 ratio side slopes. Average depth of pipe cover at access sites is 600 mm.
Backfill to culverts shall be Granular `B', Type 1, unless sufficient quantities of suitable excavated
material are available for this use.
PRECAST CONCRETE BOX CULVERT - ITEM NO. 7
Payment shall be made under this Item for the lump sum bid for the supply of all labour, equipment
and materials to construct re-cast concrete box culvert and trail approaches in full accordance with
P PP
the details and limits shown on Standard Drawing No. D5. Rubber gaskets shall be used for jointing.
Due to the unfavourable ground conditions at the site which will likely prevail at the time of
construction, the Contractor has the option of delivering and stockpiling the pre-cast units to the site
prior to the award of the Contract while the ground is still frozen.
The Contractor shall ensure that he has fully satisfied himself as to the extent of work required under
this Item.
The location of the culvert shall be established in the field by the Contract Administrator.
The Contractor is advised that no extra payment shall be made for over excavation resulting from wet
ground conditions, dewatering as required or the filling of the channel bed beyond the ends of the
culvert with the specified stone to match existing streambed elevation.
TIMBER BOLLARD - ITEM NO. 8a
The unit price bid under this item shall include for augering of holes, supply and placing of posts,
backfilling to post with Granular `B', Type 1, and chamfering of top of post at designated height all
in accordance with the standard drawing.
Posts shall be 140 mm x 140 nun pressure treated pine.
Bollard shall be placed at all points of intersection between the proposed trail and existing roadways
at locations designated by the Contract Administrator.
�J SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL95-4 4.
GALVANIZED PIPE BOLLARD - ITEM NO. 8b
The unit price bid under this item shall include for augering of holes, supply and placing of concrete,
galvanized steel sleeves and galvanized steel posts all in accordance with the standard drawing.
Sleeves shall be 75 mm dia. galvanized steel pipe with a closed bottom set in 20 MPa concrete.
Posts shall be 50 mm dia. galvanized steel pipe with a closed top (50 mm dia. plate welded to pipe or
cap placed on threaded pipe end).
A 20 mm dia. hole shall be drilled in both the sleeve and post to receive pin (bolt) (see standard
drawing).
Bollard shall be placed at all points of intersection between the proposed trail and existing roadways
at locations designated by the Contract Administrator.
PROTECTIVE FENCING - ITEM NO. 9
Payment shall be made under this Item for the supply of all labour, equipment and materials to
construct fencing adjacent to Bowmanville Creek in the area indicated on the plans and as determined
on site by the Contract Administrator. Payment under this Item shall also include for the construction
of fencing at the concrete base of the Hydro distribution tower which abuts the trail on the west side
at this location.
All fencing materials shall be as indicated on Detail Drawing No. D7 and all lumber shall be
inspected on site by the Contract Administrator. Lumber which is not straight, warped or split or
shows any other defect shall be rejected. Rails shall be cut flush with post for end treatment with
mortise adjusted to suit one rail only.
BRACE PANELS - ITEM NO. 10
The unit price bid under this Item shall be payment in full for the supply of all labour, materials and
equipment to construct brace panels in fencing at Waverly Road and at next fence line to the east in
accordance with the standard drawing.
SILT FENCING - ITEM NO. 11
The unit price bid under this Item shall include for supply of all materials and labour to construct silt
fencing in accordance with the standard drawing. The Contract Administrator shall decide on the
locations for fencing installation.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL954 5.
Silt fence shall be "Terrafix 200" or approved equivalent and the unit price bid shall include for
maintenance of the silt fencing during construction. The Contractor shall be responsible for the repair
or replacement of fencing damaged as a result of construction operations.
The silt fencing shall remain in place until vegetative ground covered is reestablished. The silt
fencing shall be removed by others.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
L
CONTRACT NO C 95-4
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STANDARDS
CONTRACT NO. CL954
STANDARD DESCRIPTION
D1 Trail Detail - Type `A'
D2 Trail Detail - Type `B'
D3 Trail Detail - Type `D'
D4 Trail Detail - Bollards
D5 Concrete Box Culvert
D6 Culvert Details
D7 Fence Details
OPSD 802.01 Bedding for Circular Steel Pipe Storm
Sewers and Culverts
OPSD 803.03 Backfill for Pipe Culverts
OPSD 901.01 Highway Fence (Brace Panels)
l
3000mm
75mm COMPACTED LIMESTONE
SCREENINGS
-t�200mm MIN. 200mm COMPACTED
GRANULAR `B' BASE
TYPE ` A'
DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON
PROJECT NO: 12-10427 CONTRACT No.: CL95-4 CLARINGTON WATERFRONT TRAIL
totten sims hubicki associates PHASE 3
❑ ENGINEERS ARCHITECTS AND PLANNERS TRAIL DETAIL ID1
mom mmmm m m om m m m m r m m m m s
VARIES 3000mm VARIES
150mm COMPACTED LIMESTONE
SCREENINGS
y
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:t.
o°Ooo�o°O(D o°Ooo�o°Ooo�o°Ooo�o°Ooo�o
EXIST. GEOTEXTILE EXISTING ROCK BASE
TYP E `B '
DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON
PROJECT NO: 12_10427 CONTRACT No.: CL95-4 CLARINGTON WATERFRONT TRAIL
l[i, totten sims hubicki associates PHASE 3
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ENGINEERS ARCHITECTS AND PLANNERS TRAIL DETAIL D2
l�
75mm COMPACTED LIMESTONE
SCREENINGS
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si"P.'t. w'ti�. `.4 aP. •:)v .,>� .:?f - �;.• _.1is. r.1.'ri.^'!%1 4:>:a�
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.ter-.. Sw '•.�:'ti+:+.' .t,'n. '".--S.� .i:h:3c:�'i.:. .a :.s.. - .,, M..V:i.,y:..n,,,r y.• s:��:; :•t,:-_.r'r..'-4�,;1:!`« ;;-Y"••O�yN�r-s'.C�K:•Y,>ar.'> <<•yi...:�t'%4�
300mU D D D D D D
GEOTEXTILE 300mm COMPACTED REGRADE AS DIRECTED BY
TEXEL 7609 GRANULAR `B' BASE CONTRACT ADMINISTRATOR.
DISPOSE OF SURPLUS
MATERIAL ON SITE.
TYPE ` D' (LONGITUDINAL SECTION )
DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON
PROJECT NO: 12-10427 CONTRACT No.: CL95-4 CLARINGTON WATERFRONT TRAIL
totten sims hubicki associates
PHASE 3
ENGINEERS ARCHITECTS AND PLANNERS TRAIL DETAIL D3
TRAIL EXISTING ROAD
1500
LLj Ld
O o 0
1000 I N_ _N Ld
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CHAMFER TOP OF POST ( TREAT CUT JQ J 0 z
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SURFACE WITH WOOD PRESERVATIVE ) ���w ►- 0
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E"Ev -
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TAPE OR PAINT OI C) EuJ ELJ 0
ll j/ (50mm SPACING) QI 0��� J o EXIST. FENCE
140mm X 140mm �' 0
O ;ql t PRESSURE TREATED O m -
� �(1)1, PINE POST to �I Q o
lt''1 ° o a 1000 1000 1000
It � 50mm 0 '
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II?„ GALVANIZED ��
PIPE (POST) QI Ld 3000 TRAIL
11 (ti DRILLED HOLE
lil(� I FOf2 PIN m
TRAIL SURFACE BOLLARD PLAN WITH ADJACENT FENCE
EXISTING ROAD
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CANADIAN NATIONAL RAILWAY CUT STONE�BO1.00M(HIGH)
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1.0 m A (SEE DETAIL—PAGE D6)
W.F. WY.
3.Om
Ct OF TRAIL _ _ 3.Om
4.5m
TOE OF SLOPE TOE OF SLOPE
REMOVE EXISTING TIMBER CORDUROY,
PLACE GEOTEXTILE UNDER CULVERT
BEDDING AND 50mm (2") CRUSHER
RUN ERECT TEMP. SILT FENCE
TOE OF 50mm (2") CRUSHER RUN FILL A AS DIRECTED (SEE DETAIL—PAGE D6)
r + 20.Om
+ 12.Om
TYPE 'D' TRAIL CONST. LIMIT OF WORK COVERED UNDER TYPE 'A' TRAIL CONST.
5m ITEM No. 7
1f•-----I EXISTING WATERCOURSE 1F--5
OPENING
1.07m(WIDE) x 1.00m(HIGH)
2400mm x 1200mm PRECAST CUT STONE BOX CULVERT
CONCRETE BOX CULVERT
200mm CONCRETE THICKNESS
75mm COMPACTED LIMESTONE SCREENINGS 0.3m OF 50mm (2") CRUSHER RUN
.. . . . ......... ................. ..
EMBED CONC. BOX CULVERT 750mm BELOW EXISTING GRADE 0.75m REMOVE EXISTING TIMBER CORDUROY,
FILL INVERT CULVERT TO A DEPTH OF 600mm CLEAN PLACE GEOTEX11LE UNDER CULVERT
I —Z0.30m BEDDING AND 50mm (2") CRUSHER
QUARRIED STONE, 75 — 150mm IN SIZE. LEAVING AN OPENING
OF 2400mm x 600mm. CULVERT BEDDING & BACKFILL TO RUN
BE 300mm OF 20mm CLEAR STONE
DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON
PROJECT NO: 12-10427 CONTRACT No.: CL95-4 CLARINGTON WATERFRONT TRAIL
totten sims hubicki associates PHASE 3
ENGINEERS ARCHITECTS AND PLANNERS CONCRETE BOX CULVERT D5
Om m x 50mm x 1.2m
GEOTEXTILE ®N OO STAKES
m OQC R
APPROVED OTHER
014 z
ogNo M r
o ROUND LINE
L
0.3
SILTATION FENCE DETAIL
OF TRAIL
1.0m 1.8m I 1.8m
PROPOSED 50mm (2") CRUSHER RUN
1.07m(WIDE) x 1.00m(HICH) �3. FILL SLOPE m-{
CUT STONE BOX CULVERT I EXISTING GROUND
0.60m y. .,
.. .... . :.::..: CULVERT BEDDING & BACKFILL TO
f 7.Om BE 300mm OF 20mm CLEAR STONE
200mm CONCRETE THICKNESS I PLACE GEOTEXTILE UNDER CULVERT
BEDDING AND 50mm (2") CRUSHER
SECTI ON A- A RUN
DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON
PROJECT NO: 12_10427 CONTRACT No.: CL95-4 CLARINGTON WATERFRONT TRAIL
totten sims hubicki associates
PHASE 3
ENGINEERS ARCHITECTS AND PLANNERS CULVERT DETAILS D6
140 mm X190 mm X2400 mm
PRESSURE TREATED PINE
POSTS ® 2400 mm O.C.
150 mm GALVANIZED SPIRAL NAIL (typ.)
90 mm X 90 mm x 3000 mm r
PRESSURE TREATED PINE RAILS
x150 SET IN MORTISE (SEE DETAIL)
-300
(tYP•)
1350
300 ORIGINAL GROUND
1050
H u u
--I 1-140
J— NOTES:
1. POST HOLES TO BE BACKFILLED
NTH SELECT NATIVE MATERIAL
AND COMPACTED.
2. ALL AREAS OF P.T. PINE THAT
ARE CUT ARE TO BE COATED
200 100 45 NTH WOOD PRESERVATIVE
(i.e. MORTISES).
3. NAILS ARE TO BE PLACED
ON ONE SIDE ONLY.
MORTISE DETAIL
DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON
PROJECT NO: 12-10427 CONTRACT No.: CL95-4 CLARINGTON WATERFRONT TRAIL
totten sims hubicki associates PHASE 3
ENGINEERS ARCHITECTS AND PLANNERS FENCE DETAILS D7
PIPE IN TRENCH PIPE IN EMBANKMENT
Ditch line, Note 2
E •°c / / E
Cover
o Pipe material �� pipe
NOTES: E E �\ D W E
Foundation
1 For Type 3, pipe bedding to be shaped grade —� w
to receive the pipe for a width of D/2, EARTH EXCAVATION TYPE 1
2 Installation in regular ditch cross—section TYPE 1 FIRM FOUNDATION <600 mm D
<600 mm 0
is allowed at private entrances only. vo�{
3 Foundation when required will be specified Ditch line, Note 2
in the contract. 5
4 Haunches must be backfilled and a /� Cover �� // o
d material
E - Pi e Pi E '�
compacted prior to continued placing u o Note a D
of embedment material. E E 1so mm _ / w E
A Protection against Heavy Construction bedding material
Equipment according to OPSD-808.01 . � _ Nate 3 �t��Foundation grade ��
B Backfill according to OPSD-803.04. w EARTH AND ROCK w
C All dimensions are in millimetres unless TYPE 2 EXCAVATION TYPE 2
otherwise shown.
<1800 mm D _<1800 mm D
—oo
N II�{
r 15
Cover
LEGEND: E b pPlpe material __ Pipe
i v
00 — Outside diameter
W 30H rrnri i
D — Inside diameter --bedding material
W — Minimum width of bedding: Note Nate 3 __ J
D + 800 mm for D 5 1000 mm. �_ Foundation grade Nate t
1 .67 x D for D > 1000 mm & < 1800 mm.0 + 1200 mm for D > 1800 mm. TYPE 3 EARTH AND ROCK TYPE 3>1800 :53000 mm D EXCAVATION >1800 :53000 mm D
c — Pipe diameter < 600 mm
C = 300 mm, ONTARIO PROVINCIAL STANDARD DRAWING Date 1 199203 121Re; j 3
Pipe diameter —: 600 mm BEDDING FOR CIRCULAR Date - - - - - -
= 4 + 300 mm
STEEL PIPE STORM SEWERS _ _ _ _ _ _ _ _ _ _ _ _ _ _
AND CULVERTS OPSD - 802.01
PIPE IN TRENCH PIPE, IN EMBANKMENT
Earth or rock fill Pipe Backfill Pipe Earth or rock fill
Subgrade Subgrade
1 OD'..
Frost line above I Note 1 .. ., �t Note 1
this level
L__i__J L_ I__J
NOTES: CASE 1: FROST LINE ABOVE TOP OF PIPE
1 For Flexible Pipe, according to
10( f—d) 10( f-d) Earth or 10( f-d) kE 10( f-d)
OPSD-802.01, 802:02, 802.04 Pipe rock fill Pipe Earth
1005.02 and 1102.02. Subgrade I Subgrade fill
For Rigid Pipe, according to F, et. F� :• I et
o Granular backfill. �° °Sr Granular backfill
OPSD-802.03, 1005.01 and Frost line fo I_ si Frost line f 1 s�
1102.01. and f , r--I —�, Fto and .,f ° e� �i� l �`I 4to
A. Protection against Heavy —_= =— I I --__ _ =- — — 1 ——— ——
Construction Equipment according Frost line in this I D .}�Note t 1\1 1
to OPSD-808.01. range — - -— L-_� J — - - — - - I Frost line in this I Note 1
B Frost tapers are not required in range
rock embankments. CASE 2: FROST LINE AND Y" BETWEEN BOTTOM OF BEDDING AND TOP OF PIPE
C Case 1 applies in all rock
embankments. 10( f-d) � 10( f—d ) 10( f—d) q- 10( f-0, )
D All dimensions are in millimetres Pipe Pipe
or metres unless otherwise shown. Subgrade Subgrade
F�qs' backfill r Note 1`° G�• �r°ml backfill Granular � Note 1` 611 rt
LEGEND: r r I g� Earth o e . •�i,T �� °, t°
t° S' I I S� Ft fill
d - Depth of granular (roadbed). Frost line • I I I • F f„ or rock fill
p g ( below this level _ —r— —— _ Frost line below this love
f - Depth of frost treatment `-—-`— -'-�_- -T -I
measured from profile grade ----------- ------�------ ---------- ------------
Frost line Frost line
or top of pavement CASE 3: FROST LINE BELOW BOTTOM OF BEDDING
(as specified in the contract). "f" AT BOTTOM OF BEDDING
OD- Outside diameter. ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1992 05 01 1 Rev 1 3
D - Inside diameter.
BACKFILL FOR PIPE Date - - - - - -'
CULVERTS - - - - - - - - - - - - - -
RIGID AND FLEXIBLE PIPE r OPSD - 803.03
I
'
3.50m brace panel-- 4.90m Standard post spacing 3.50m brace panel �--Gate opening ^I 3.50 m brace panel
Wooden or
(Note 0 I Farm entrance I 175 or 185 —Post dia:
{
Terminal post Brace Steel Brace Gate gate 1.2 walk
0m GatT Broce I- 2o0mm min
post line post , post post , I pas pas — top for
T terminal posts
o -150mm min
O 175 v top for line
M 0 posts
- - -330 mm max
- e 150 butt end for
7WIlIV111111177771117T 77 77117 7777 '7777/77771/1/
Dia oval brace wire 11 o 100 x IOOmm x I E Ground I I 1 1 al posts
1 1 g o' O E I I 420 I I 3.70 m wood brace I I O I i ne I I I I I
gE I (Four 3.5 mm wire I I ME EI I 11 I I E I I I I 50 to 100
rn E strands twisted in I
I—U tension), Typical U�E u E �U U 1100 125 1 1
Note too 100 mmx3.70m FENCE DETAILS WIRE SPACING 81 POST DIA
Steel T post .I 1 wood brace IN EARTH , SHALE, LOOSE OR FRIABLE ROCK
L
Terminal post -
Non shrink fencing 3.5 mm tie wires
cement grout IN ROCK Wooden line post Steel line post
t - 3.50m brace panel-- d Standard post Standard post-�- 3.50m brace panel NOTES
! spacing spacing 1 60 x 60 x 6 mm angle iron I Standard post spacing:
Wooden post to wooden post -6.0 m.
Steel post to steel or wooden post-5.0m.
°a 2 Tie steel posts and wooden post together top
o° and bottom with 3.5 mm wire.
° A Ratio of steel posts to wooden post shall
�-Overburdens li 1 42 ' l l Overburdens ��
L ,� ,�k7n be 3: I unless otherwise specified.
X F--Post hole to be x ��l� Ground X Y Ir.-Post holeto Y ii Ground �" B All dimensions are in millimetres or metres
TUU drilled �UU line u u be drilled I line �Ox50x6mm �'
T (See table below) T (See table below) I angle iron Uf112SS otherwise shown.
ee footing
detail'a'or�b�
WITH WOODEN POSTS WITH STEEL POSTS 15 MPa Steel angle
FE N( E DETAILS Ground concrete ; iron
IN SOLID ROCK Steel angle line(Typ)
iron Overburden
�— f I 450 mm min
Steel Post Depth In Rock s 760 mm max
Earth Post depth , ' 0 to 450mm max ,•
Lay together end Overburden
stay wires of each of overburden min(mm) Non shrink 3 0 Rock O Non shrink % 840 mm
the two sections to be depth (mm) X Y y cement grout line 100 cement grout i 84in mm
spliced.Then wrap the EOO 600 380 380 ' 100 mm dia 1' 100 mm dia (Typ) If excavated or i _lU min
overhanging ends blasted-concrete>tL
tightly around line 000 230 230 Detail a Detail b IOOmmdio
wire with pliers or 1200 230 o Overburden less than 450mm Overburden more than 450 mm 300'-
Cutaw ystaayif ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1990 04 02TRevj 4
necessary to allow
sufficient length Date
for splicing.
HIGHWAY FENCE - ------------
SPLICING DETAIL OPSD — 90 1 . 01
1
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
l.Vllll(Hl.l 1V V. �.LyJ-F
i OPS GENERAL CONDITIONS OF CONTRACT
(August 1990)
ONTARIO
Ontario PROVINCIAL
STANDARDS
August 1990
GENERAL CONDITIONS OF CONTRACT
MEA TABLE OF CONTENTS
�I
' Section Title Page Section Title Page
GC 1 INTERPRETATION 1 GC 3.10 Subcontracting by the
Contractor 11
' GC1 .01 Captions .11 Changes in the Work, Extra
.02 Abbreviations Work, and Additional Work 12
.03 Gender and Singular References
.04 Definitions GC 3.11.01 Changes in the Work
05 Substantial Performance 4 .02 Extra Work
.06 Completion .03 Additional Work
.07 Final Acceptance 5
08 Interpretation of Certain Words GC 3.12 Notices
.13 Use and Occupancy of the
Work Prior to Substantial
GC 2 CONTRACT DOCUMENTS 7 Performance
.14 Claims, Negotiations
GC 2.01 Reliance on Contract Disputes 13
Documents
.02 Order of Precedence
GC 3.14.01 Claims Procedure
.02 Negotiations
GC 3 ADMINISTRATION OF .03 Continuance of the Work
THE CONTRACT 9 .04 Record Keeping
.05 Disputes
GC 3.01 Contract Administrator's .06 Payment
Authority .07 Rights of Both Parties
.02 Working Drawings 10
.03 Right of the Contract GC 3.15 Engineering Arbitration 14
Administrator to Modify
Methods and Equipment GC 3.15.01 The Conditions for
04 Emergency Situations Engineering Arbitration
.05 Layout .02 Arbitration Procedure
.06 Working Area .03 Form and Appointment of
.07 Extension of Contract Arbitration Board
' Time 11 .04 Costs
.08 Delays .05 The Award
.09 Assignment of Contract .06 Hearing
i
1
1
' Section Title Page Section Title Page
GC 4 OWNER'S RIGHTS AND GC 6.03.05.01 Property Insurance 20
RESPONSIBILITIES 15 .02 Boiler Insurance
' .03 Use and Occupancy of
GC 4 .01 Working Area the Work Prior to
.02 Disposal of Materials Completion 21
03 Construction Affecting .04 Payment for Loss or
Railway Property Damage
.04 Default by the Contractor
.05 Notification of Default GC 6.03.06 Contractors' Equipment
06 Contractor's Right to Insurance
Correct a Default .07 Insurance Requirements
.07 Owner's Right to Correct and Duration
Default
08 Termination of GC 6.04 Bonding 22
Contractor's Right to
Continue the Work GC 7 CONTRACTOR'S RESPONSI-
09 Final Payment to BILTTIES AND CONTROL
Contractor 16 OF THE WORK 23
.10 Termination of the
Contract GC 7.01 General
11 Continuation of .02 Layout
Contractor's Obligations .03 Damage by Vehicles or
.12 Use of Performance Bond Other Equipment 24
.04 Excess Loading of Motor
GC 5 MATERIAL 17 Vehicles
.05 Condition of the Working
GC 5.01 Supply of Material Area
.02 Quality of Material .06 Maintaining Roadways and
03 Rejected Material Detours
f .04 Substitutions .07 Access to Properties
.05 Owner Supplied Material Adjoining the Work and
Interruption of Utility
GC 5.05.01 Ordering of Excess Services 25
Material .08 Approvals and Permits
.02 Care of Material 18 .09 Suspension of Work
' .10 Contractor's Right to
GC 6 INSURANCE, PROTECTION Stop the Work or
AND DAMAGE 19 Terminate the Contract
.11 Notices by the Contractor 26
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
.15 Warranty 27
GC 6.03.01 General
.02 General Liability
Insurance 20 GC 8 MEASUREMENT AND
.03 Automobile Liability PAYMENT 29
Insurance
.04 Aircraft and Watercraft GC 8.01 Measurement
' Liability Insurance
.05 Property and Boiler GC 8.01.01 Quantities
Insurance .02 Variations in Tender Quantities
ii
Section Tide Page Section Title Paw
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
GC 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
i
1
1 �
1
Ontario August 1990
Ontario Provincial 1
Standard
i
' MEA GENERAL CONDITIONS OF CONTRACT
' SECTION GC1 INTERPRETATION
GC1.01 Captions GC1.04 Definitions
' The captions appearing in these general conditions For the purposes of this Contract the following
have been inserted as a matter of convenience and for definitions apply:
ease of reference only and in no way define, limit or
enlarge the scope or meaning of the general conditions "Access Road" means a private road built or existing
or any provision hereof. road used by the Contractor to gain access to the
Work or to a source of material.
GC1.02 Abbreviations
"Adjusted Plan Quantity" means a Plan Quantity which
The abbreviations listed on the left below are has been adjusted for any or all of the following: a
commonly found in the Contract Documents and mistake in calculation, approved addition, or an
' represent the organizations and phrases listed on the approved deletion.
right:
"Actual Measurement" means the field measurement of
"AASHTO"l -American Association of that quantity within the approved limits of the Work.
t "AASHO" ( State Highway Transportation Officials
"ANSI" - American National Standards Institute "Additional Work" means work not provided for in the
"APED" - Association of Professional Engineers Contract and not considered by the Contract
Ontario Administrator to be essential to the satisfactory
"ASTM" - American Society for Testing and completion of the Contract within its intended scope.
Materials
"AWG" - American Wire Gauge "Base" means a layer of material of specified type and
"AWWA" - American Water Works Association thickness placed-immediately below the pavement,
"CESA" - Canadian Engineering Standards driving surface, finished grade, curb and gutter or
Association sidewalk.
"CGSB" - Canadian General Standards Board
"GSA" - Canadian Standards Association
"CWB" - Canadian Welding Bureau "Change in the Work" means the deletion, extension,
"GC" - General Conditions increase, decrease or alteration of lines, grades,
"OPS" - Ontario Provincial Standard dimensions,quantities,methods,drawings,changes in
' "OPSS" - Ontario Provincial Standard the character of the work to be done or materials of the
Specification Work or part thereof, within the intended scope of the
"OPSD" - Ontario Provincial Standard Drawing Contract.
"MOE' - Ministry of the Environment (Ontario)
""MTO'l - Ministry of Transportation (Ontario) "Change Order" means a written order to the
MT C 1 Contractor covering contingencies, Extra Work,
"MUTCD" - Manual of Uniform Traffic Control increase or decrease in Contract quantities and
' Devices, published by MTO additions or alterations to the plans or specifications,
"SAE" - Society of Automotive Engineers within the scope of the Contract and establishing the
"SSPC" - Structural Steel Painting Council basis of payment and the time allowed for the
"UL" - Underwriters Laboratories adjustment of the Contract Time. Means also, written
' "ULC" - Underwriters Laboratories Canada authorization covering Additional Work.
GC1.03 Gender and Singular References 'Completion Certificate" means the certificate issued
by the Contract Administrator at completion.
References to the masculine or singular throughout the
Contract Documents shall be considered to include the "Construction Signs' mean all traffic control devices
feminine and the plural and vice versa as the context and signs, including vehicles, trailers, and the like,
requires. provided to support signs, and equipment to supply
OPS General Conditions of Contract
' 2
1
sign lighting,but excluding Contract identification signs and description and quantities of material utilized.
' and highway number markers,all as may be described
in the MUTCD. "Day" means a calendar day.
"Constructor" means, for the purposes of, and within "Drawings"or"Plans" mean any Contract Drawings or
the meaning of the Occupational Health and Safety Act, Contract Plans or any Working Drawings or Working
R.S.O. 1980, c. 321 and amendments thereto, the Plans, or any reproductions of drawings or plans
Contractor who executes the Contract. pertaining to the Work.
' "Contract Administrator" means the person,partnership "Earth Grade" means the earth surface,whether in cut
or corporation designated by the Owner to be the or fill, as prepared for the Base or Subbase.
Owner's representative- for the purposes of the
' Contract. "Engineer" means a professional engineer licensed by
the Association of Professional Engineers of Ontario to
"Contract" means the undertaking by the Owner and practice in the Province of Ontario.
' the Contractor to perform their respective duties,
responsibilities and obligations as prescribed in the "Equipment" means all machinery and equipment used
Contract Documents. for preparing, fabricating, conveying or erecting the
Work and normally referred to as construction
"Contract Documents" mean the executed Agreement machinery and equipment.
between the Owner and the Contractor,the Tender,the
General Conditions of Contract, the Supplemental "Estimate" means a calculation of the quantity or cost
' General Conditions of Contract, Standard of the Work or part of it depending on the context.
Specifications, Special Provisions, Contract Drawings,
addenda incorporated in a Contract Document before "Extra Work" means work not provided for in the
the execution of the Agreement,such other documents Contract as awarded but considered by the Contract
' as may be listed in the Agreement and subsequent Administrator essential to the satisfactory completion of
amendments to the Contract Documents made the Contract within its intended scope.
pursuant to the provisions of the Agreement.
"Final Acceptance Certificate" means the certificate
"Contract Drawings" or "Contract Plans" mean issued by the Contract Administrator at Final
' drawings or plans provided by the Owner for the Work Acceptance.
and without limiting the generality thereof may include
soil profiles, foundation investigation reports, "Final Detailed Statement" means a complete
reinforcing steel schedules, aggregate sources lists, evaluation prepared by the Contract Administrator
quantity sheets,cross-sections and standard drawings. showing the quantities, unit prices and final dollar
amounts of all items of work completed under the
' "Contractor" means the person, partnership or Contract, including variations in tender items and Extra
corporation undertaking the Work as identified in the Work, and set out in the same general form as the
Agreement. monthly estimates.
' "Contract Time" means the time stipulated in the "Final Quantity" means that quantity used in the Final
Contract Documents for Substantial Performance of the Detailed Statement.
Work, including any extension of Contract Time made
' pursuant to the Contract Documents. "Force Account" See "Time and Material".
"Controlling Operation" means any component of the "Grade" means the required elevation of work.
Work,which,if delayed,will delay the completion of the
Work. "Grade lane" means a reference line representing the
Grade in profile or longitudinal section established for
"Cost Plus' See'Time and Material". the control of work.
`Cut-off Date" means the date up to which payment "Hand Tools" means tools that are commonly called
will be made for work rformed.
Pe tools or implements of the trade and include small
power tools. Individually a tool will be considered as
"Daily Work Records" mean daily records kept a Hand Tool where the maximum cost is$250.
detailing the number and categories of workers and
hours worked or on standby; types and quantities of "Haul Road" means any public road excluding the j
equipment and number of hours in use or on standby; road under contract, which forms part of a materials
OPS General Conditions of Contract
3
haul route. Profile Grade" means the required elevation of the
% surface of the Base.
'Highway' means a common and public highway any
part of which is intended for or used by the general 'Ouantity Sheet' means a list of the quantities of work
public for the passage of vehicles and includes the to be done.
area between the lateral property lines thereof.
' "Rate(s) of Interest' means the rate(s) determined by
"Inspector" means any person, partnership or the Treasurer of Ontario and issued by, and available
corporation appointed by the Contract Administrator to from, the Owner.
participate in the inspection of the Work and the
Material to be used in the Work. "Records" mean any books, payrolls, accounts or
other information which relate to the Work or any
"Labour and Material Payment Bond" means the type Change in the Work or claims arising therefrom.
Of security furnished to the Owner to guarantee
payment of prescribed debts of the Contractor covered 'Road Allowance' means the lands acquired at any
by the bond. time for use as a Highway.
' "Lump Sum Item" means.a tender item indicating a "Roadbed" means that part of the Work which is
portion of the Work for which payment will be made at designed to support the wearing surface and shoulders
a single tendered price. Payment is not based on a of the Roadway.
' measured quantity, although a quantity may be given
in the Contract Documents. "Roadway" means that part of the Highway designed
or intended for use by vehicular traffic and includes the
shoulders.
' "Major Item" means any tender item that has a value,
calculated on the basis of its actual or estimated tender 'Rock Grade' means the rock surface,whether in cut
quantity whichever is the larger, multiplied by its tender or fill, which has been prepared for the Base or
' unit price, which is equal to or greater than the lesser Subbase.
Of
"Shoulder" means that portion of the Roadway
a) $100,000, or between the edge of the wearing surface and the top
inside edge of the ditch or fill scope.
'Y b) 5% of the total tender value calculated on the
basis of the total of all the estimated tender "Special Provisions" mean special directions
quantities and the tender unit prices. containing requirements peculiar to the Work.
' "Standard Specification" means a standard practice
"Material" means material, machinery, equipment and required and stipulated by the Owner for performance
' fixtures forming part of the Work. of the work.
"Owner" means the party to the Contract for whom the 'Subbase' means a layer of material of specked type
Work is being performed, as identified in the and thickness between the Subgrade and the Base.
Agreement, and includes,with the same meaning and
import, "Authority'. "Subcontractor" means a person, partnership or
corporation undertaking the execution of a part of the
"Pavement" means a wearing course or courses Work by virtue of an agreement with the Contractor.
' placed on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete, or plant or road "Subgrade" means the Earth Grade or Rock Grade.
mixed mulch.
"Substructure" means all of that part of a structure
' "Performance Bond" means the type of security below: the bearings of single and continuous spans,
furnished to the Owner to guarantee completion of the skewbacks of arches and tops of footings of rigid
Work in accordance with the Contract and to the extent frames, including backwalls, wingwalls and wing
provided in the bond. protection railings.
"Plan Quantity" means that quantity as computed from
within the boundary lines of the Work as shown in the "Superintendent" means the Contractor's authorized
Contract Documents. representative in responsible charge of the Work.
OPS General Conditions of Contract
' 4
,I
"Superstructure" means all that part of a structure (ii) non-delivery of Owner supplied materials,
' above: the bearing seat of single and continuous
spans, skewbacks of arches and tops of footings of (ii) any cause beyond the reasonable control
rigid frames, excluding backwalls,wingwalls and wing of the Contractor which can be
' protection railings, substantiated by the Contractor to the
satisfaction of the Contract Administrator.
"Surety" means the person,partnership or corporation,
other than the Contractor, executing a bond provided "Working Drawings" or "Working Plans' means any
by the Contractor. Drawings or Plans prepared by the Contractor for the
execution of the Work and may, without limiting the
'Time,and Material" means costs calculated according generality thereof, include falsework plans, roadway
to clause GC8.02.04, Payment on a Time and Material protection plans, shop drawings, shop plans or
' Basis. Where "Cost Plus" and "Force Account" are erection diagrams.
used they shall have the same meaning.
GC1.05 Substantial Performance
"Utility" means a facility maintained by a municipality,
' public utility authority or regulated authority and 01) The Work is substantially performed,
includes sanitary sewer, storm sewer, water, electric,
gas, steam, telephone and cable television services. (a) when the Work to be performed under the
' Contract or a substantial part thereof is ready
"Warranty Period" means the period of 12 months from for use or is being used for the purpose
the date of substantial performance or such longer intended; and
period as may be specified for certain materials or
' work. Where a date of substantial performance is not (b) when the Work to be performed under the
established, the warranty period shall commence on Contract is capable of completion or, where
the date of completion. there is a known defect, correction, at a cost of
' not more than
"Work" means the total construction and related
services required by the Contract Documents. (i) 3% of the first $500,000 of the contract
price,
'Working Area" means all the lands and easements
' owned or acquired by the Owner for the construction (ii) 20/. of the next $500,000 of the contract
of the Work. price, and
"Working Day" means any Day (iii) 1% of the balance of the contract price.
(a) except Saturdays, Sundays and statutory 02) For the purposes of this Contract where the
' holidays; Work or a substantial part thereof is ready for use or is
being used for the purposes intended and the
(b) except a Day as determined by the Contract remainder of the Work cannot be completed
Administrator, on which the Contractor is expeditiously for reasons beyond the control of the
prevented by inclement weather or conditions Contractor or, where the Owner and the Contractor
resulting immediately therefrom,from proceeding agree not to complete the Work expeditiously,the price
with a Controlling Operation. For the purposes of the services or materials remaining to be supplied
of this definition,this will be a Day during which and required to complete the Work shall be deducted
' the Contractor cannot proceed with at least 600% from the contract price in determining substantial
of the normal labour and equipment force performance.
effectively engaged on the Controlling Operation
for at least 5 hours; GC1.06 Cornpmon
' (c) except a Day on which the Contractor is 01) The Work shall be deemed to be completed
prevented from proceeding with the Controlling and services or materials shall be deemed to be last
Operation, as determined by the Contract supplied to the Work when the price of completion,
Administrator by reason of: correction of a known defect or last supply is not more
than the lesser of
() any breach of Contract or prevention by
the Owner,by any other Contractor of the (a) 1%of the contract price; or
Owner or by any employee of any one of
them, (b) $1,000.
fOPS General Conditions of Contract
5
GC1.07 Final Acceptance GC1.08 Interpretation of Certain Words
01) Thewords'acceptable'.'approvaP,'authorized',
01) Final Acceptance shall be deemed to occur 'considered necessary', 'directed', 'required',
when the Contract Administrator is satisfied that,to the 'satisfactory', or words of like import, shall mean
best of the Contract Administrator's knowledge at that approval of, directed, required, considered necessary
time,the Contractor has rectified all imperfect work and or authorized by and acceptable or satisfactory to the
has discharged all of the Contractor's obligations under Contract Administrator unless the context clearly
the Contract. indicates otherwise.
i
1
OPS General Conditions of Contract
6
'i
OPS General Conditions of Contract
7
SECTION GC2 CONTRACT DOCUMENTS August 1990
GC2.01 Reronoe on Contract (Q Working Drawings
Documents
Later dates shall govern within each of the above
01) The Owner warrants that the information categories of documents.
furnished in the Contract Documents can be relied
upon with the following limitations or exceptions: 02) In the event of any conflict among or
inconsistency in the information shown on Drawings,
(a) The location of all mainline underground utilities the following rules shall apply:
which will affect the Work will be shown to a
tolerance of (a) Dimensions shown in figures on a Drawing
1 m horizontal and shall govern where they differ from dimensions
0.3 m vertical; scaled from the same Drawing;
(b) The Owner does not warrant interpretations of (b) Drawings of larger scale shall govern over
data or opinions expressed in any subsurface those of smaller scale;
report available for the perusal of the Contractor
and excluded from the Contract Documents;and (c) Detailed Drawings shall govern over general
Drawings; and
(c) other information specifically excluded from this
warranty. (d) Drawings of a later date shall govern over those
of an earlier date in the same series.
GC202 Order of Precedence
03) In the event of any conflict in the contents of
01) In the event of any inconsistency or conflict in Standard Specifications the following order of
the contents of the following documents, such precedence shall govern:
documents shall take precedence and govern in the
following order: (a) Ontario Provincial Standard Specifications;then
Y (a) Agreement (b) other standard specifications, such as those
(b) Addenda produced by CSA, CGSB, ASTM and ANSI,
(c) Special Provisions and referenced in the Ontario Provincial
(d) Contract Drawings Standard Specifications.
(e) Standard Specifications
(f) Tender 04) The Contract Documents are complementary,
(g) Supplemental General Conditions and what is required by any one shall be as binding as
(h) General Conditions if required by all.
OPS General Conditions of Contract
8
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OPS General Conditions of Contract
9
SECTION GC3 ADMINISTRATION OF THE CONTRACT August 1990
�i GC3.01 Contrail Administrators 09) The Contract Administrator will be, in the first
Authority instance,the interpreter of the Contract Documents and
the judge of the performance thereunder by both
01) The Contract Administrator will be the Owner's parties to the Contract.Interpretations and decisions of
representative during construction and until the the Contract Administrator shall be consistent with the
issuance of the Completion Certificate or the issuance intent of the Contract Documents and in making these
of the Final Acceptance Certificate whichever is later. decisions the Contract Administrator will not show
All instructions to the Contractor including instructions partiality to either party.
.from the Owner will be issued by the Contract
Administrator. The Contract Administrator will have the 10) The Contract Administrator will have the
authority to act on behalf of the Owner only to the authority to reject work or Material which does not
extent provided in the Contract Documents. conform to the Contract Documents.
02) All claims,disputes and other matters in question 11) Defective work, whether the result of poor
relating to the performance and the quality-of the Work workmanship, use of defective material, or damage
or the interpretation of the Contract Documents shall be through carelessness or other act or omission of the
initially referred to the Contract Administrator in writing Contractor and whether incorporated in the Work or
by the Contractor. The Contract Administrator will give not, which has been rejected by the Contract
a decision in writing within a reasonable time. Administrator as failing to conform to the Contract
Documents shall be removed promptly from the Work
03) The Contract Administrator will inspect the Work by the Contractor and replaced or re-executed
for its conformity with the plans and specifications,and promptly in accordance with the Contract Documents
to record the necessary data to establish payment at no additional cost to the Owner.
quantities under the schedule of tender quantities and
unit prices or to make an assessment of the value of 12) Any part of the Work destroyed or damaged by
the work completed in the case of a lump sum price such removals, replacements or re-executions shall be
contract. made good, promptly, at no additional cost to the
_ Owner.
04) The Contract Administrator will determine the
amounts owing to the Contractor under the Contract
and will issue certificates for payment in such amounts 13) If, in the opinion of the Contract Administrator,
as provided for in Section GC8, Measurement and it is not expedient to correct defective work or work not
Payment. performed in accordance with the Contract Documents,
the Owner may deduct from monies otherwise due to
05) The Contract Administrator will with reasonable the Contractor the difference in value between the work
promptness review and take appropriate action upon as performed and that called for by the Contract
' the Contractor's submissions such as shop drawings, Documents,the amount of which will be determined in
product data, and samples in accordance with the the first instance by the Contract Administrator.
Contract Documents.
14) Notwithstanding any inspections made by the
06) The Contract Administrator will investigate all Contract Administrator or the issuance of any
allegations of a change in the character of the Work certificates or the making of any payment by the
made by the Contractor and issue appropriate Owner, the failure of the Contract Administrator to
instructions. reject any defective work or Material shall not constitute
acceptance of defective work or Material.
07) The Contract Administrator will prepare Change
Orders for the Contractor's signature and the Owner's
approval. 15) The Contract Administrator will have the
authority to temporarily suspend the Work for such
08) Upon written application by the Contractor, the reasonable time as may be necessary to facilitate the
Contract Administrator and the Contractor will jointly checking of any portion of the Contractor's
conduct an inspection of the Work to establish the date construction layout or the inspection of any portion of
of substantial performance of the Work and/or the date the Work. There shall not be any extra compensation
of Completion of the Work. for this suspension of work.
OPS General Conditions of Contract
10
GC3.02 Working Drawings make alterations in the method, Equipment or work
force at any time the Contract Administrator considers
01) The Contractor shall arrange for the preparation the Contractor's actions to be unsafe, or damaging to
of clearly identified and dated Working Drawings as either the Work or existing facilities or the environment.
called for by the Contract Documents.
The Contractor shall after the sequence of operations
02) The Contractor shall submit Working Drawings on the Contract, when requested in writing, so as to
to the Contract Administrator with reasonable avoid interference with other work.
promptness and in orderly sequence so as to not
cause delay in the Work. If either the Contractor or the 02) Notwithstanding the foregoing, the Contractor
Contract Administrator so requests they shall jointly shall ensure that all necessary safety precautions and
prepare a schedule fixing the dates for submission and protection are maintained throughout the Work.
return of Working Drawings. Working Drawings shall
be submitted in the form of prints. At the time of GC3.04 Emergency Situations
submission the Contractor shall notify the Contract
Administrator in writing of any deviations from the 01) The Contract Administrator has the right to
Contract requirements that exist in the Working determine the existence of an emergency situation,and
Drawings. when such an emergency situation is deemed to exist,
the Contract Administrator may instruct the Contractor
03) The Contract Administrator will review and return to take action to remedy the situation. If the Contractor
Working Drawings in accordance with an agreed upon does not take timely action, or if the Contractor is not
schedule,or otherwise,with reasonable promptness so available,the Contract Administrator may direct others
as not to cause delay. to remedy the situation.
04) The Contract Administrator's review will be to 02) If the emergency situation was the fault of the
check for conformity to the design concept and for Contractor, the remedial work shall be done at the
general arrangement only and such review shall not Contractor's expense. If the emergency situation was
relieve the Contractor of responsibility for errors or not the fault of the Contractor, the Owner will pay for
omissions in the Working Drawings or of responsibility the remedial work.
for meeting all requirements of the Contract Documents
unless a deviation on the Working Drawings has been GC3.05 Layout
approved in writing by the Contract Administrator.
01) The Contract Administrator will provide
05) The Contractor shall make any changes in baselines and benchmarks for the general location,
Working Drawings which the Contract Administrator alignment and elevation of the Work. The Owner will
may require consistent with the Contract Documents be responsible only for the correctness of the
and resubmit unless otherwise directed by the Contract information provided by the Contract Administrator.
Administrator. When resubmitting,the Contractor shall
notify the Contract Administrator in writing of any
revisions other than those requested by the Contract GC3.06 Working Area
Administrator.
01) The Contractor's sheds, site offices, toilets,
06) Work related to the Working Drawings shall not other temporary structures and storage areas for
proceed until the Working Drawings have been signed material and equipment shall be grouped in a compact
and dated by the Contract Administrator and marked manner and maintained in a neat and orderly condition
with the words "Reviewed. Permission to construct at all times.
granted".
02) The Contractor shall confine his construction
0]) The Contractor shall keep one set of the operations to the Working Area. Should the Contractor
reviewed Working Drawings, marked as above, at the require more space than that shown on the Contract
site at all times. Drawings,the Contractor shall obtain such space at no
additional cost to the Owner.
GC3.03 Right of the Contract
Administrator to Modify Methods 03) The Contractor shall not enter upon or occupy
and Equipment any private property for any purpose, unless the
Contractor has received prior written permission from
01) The Contractor shall,when requested in writing, the property owner.
OPS General Conditions of Contract
GC3.07 Extension of Contract Tune weather, the Contractor shall, with the Contractor's
application,submit evidence from Environment Canada
01) An application for an extension of Contract Time in support of such application. Extension of Contract
shall be made in writing by the Contractor to the Time will be granted in accordance with subsection
Contract Administrator as soon as the need for such GC3.07, Extension of Contract Time.
extension becomes evident and at least 15 days prior
to the expiration of the Contract Time. The application 02) If the Work is delayed by labour disputes,
for an extension of Contract Time shall enumerate the strikes or lock-outs - including lock-outs decreed or
reasons, and state the length of extension required. recommended to its members by a recognized
contractor's association, of which the Contractor is a
02) Circumstances suitable for consideration include member or to which the Contractor is otherwise bound
'the following: -which are beyond the Contractor's control, then the
Contract Time shall be extended in accordance with
(a) -Delays; See subsection GC3.08. subsection GC3.07, Extension of Contract Time. In no
(b) Changes in the Work; See clause GC3.11.01. case shall the extension of Contract Time be less than
(c) Extra Work; See clause GC3.11.02. the time lost as the result of the event causing the
(d) Additional Work; See clause GC3.11.03. delay, unless a shorter extension is agreed to by the
Contractor. The Contractor shall not be entitled to
03) The Contract Administrator will,in considering an payment for costs incurred as the result of such delays
application for an extension to the Contract Time, take unless such delays are the result of actions of the
into account whether the delays, Changes in the Work, Owner.
Extra Work or Additional Work involve a Controlling
Operation. GC3.09 Assignment of Contract
04) The Contract Time shall be extended for such 01) The Contractor shall not assign the Contract,
additional time as may be recommended by the either in whole or in part,without the written consent of
Contract Administrator and deemed fair and reasonable the Owner.
by the Owner.
r05) The terms and conditions of the Contract shall GC3.10 Subcontracting by the
continue for such extension of Contract Time. Contractor
GC3.08 Delays 01) The Contractor may subcontract any part of the
Work, subject to these General Conditions and any
01) If the Contractor is delayed in the performance limitations established by the Owner.
of the Work by
02) The Contractor shall notify the Contract
(a) war, blockades, and civil commotions, errors in Administrator,in writing,of the intention to subcontract.
the Contract Documents; an act or omission of Such notification shall identify the part of the Work, and
the Owner, Contract Administrator, other the Subcontractor with whom it is intended.
contractors,or anyone employed or engaged by
them directly or indirectly, contrary to the 03) The Contract Administrator will, within 10 days
provisions of the Contract Documents; or of receipt of such notification, accept or reject the
intended Subcontractor. The rejection will be in writing
(b) a stop work order issued by a court or public and will include the reasons for the rejection.
authority, provided that such order was not
issued as the result of an act or omission of the 04) The Contractor shall not, without the written
Contractor or anyone employed or engaged by consent of the Owner, change a Subcontractor who
the Contractor directly or indirectly; or has been engaged in accordance with this General
Condition.
(c) the Contract Administrator giving notice under
subsection GC7.09, Suspension of Work; or 05) The Contractor shall preserve and protect the
rights of the parties under the Contract with respect to
(d) abnormal inclement weather; the work to be performed under subcontract and shall
then the Contractor shall be reimbursed by the Owner (a) enter into agreements with the intended
for reasonable costs incurred by the Contractor as the Subcontractors to require them to perform their
result of such delay, provided that in the case of an work in accordance with the Contract
application for an extension due to abnormal inclement Documents; and
OPS General Conditions of Contract
12
(b) be as fully responsible to the Owner for acts and Disputes or payment may be made according to the
omissions of the Contractor's Subcontractors conditions contained in clause GC8.02.04,Payment on
and of persons directly or indirectly employed a Time and Material Basis.
by them as for acts and omissions of persons
directly employed by the Contractor. GC3.11.03 Additional Work
06) Neither a subcontracting, nor the Owner's 01) The Owner,or Contract Administrator where so
consent to a subcontracting by the Contractor,shall be authorized, may request the Contractor to perform
construed to relieve the Contractor from any obligation Additional Work without invalidating the Contract. If the
under the Contract or to impose any liability upon the Contractor agrees to perform Additional Work, the
Owner. Nothing contained in the Contract Documents Cnntractor shall proceed with such work upon receipt
shall create a contractual relationship between a of a Change Order.
Subcontractor and the Owner.
02) The Contractor may apply for an extension of
GC3.11 Changes in the Work, Extra Contract Time according to the terms of subsection
Work and Additional Work GC3.07, Extension of Contract Time.
GC3.11.01 Changes in the Work 03) Payment for the Additional Work may be
negotiated pursuant to subsection GC3.14, Claims,
01) The Owner, or the Contract Administrator where Negotiations, Disputes, or payment may be made
so authorized,may, by order in writing, make Changes according to the conditions contained in clause
in the Work without invalidating the Contract. The GC8.02.04, Payment on a Time and Material Basis.
Contractor shall not be required to proceed with a
change in the Work until in receipt of a Change Order. GC3.12 Notices
Upon the receipt of such written order the Contractor
shall proceed with the work. 01) Any notice permitted or required to be given to
the Contract Administrator or the Superintendent in
02) The Contractor may apply for an extension of respect of the Work shall be deemed to have been
Contract Time according to the terms of subsection given to and received by the addressee on the date of
GC3.07, Extension of Contract Time. delivery if delivered by hand or by facsimile
transmission and on the fifth day after the date of
03) If the Changes in the Work relate solely to mailing if sent by mail.
quantities, payment for the work will be made
according to the conditions specified in clause 02) The Contractor and the Owner shall provide
GC8.01.02, Variations in Tender Quantities. If the each other with the mailing addresses, telephone
Changes in the Work do not solely relate to quantities, numbers and facsimile terminal numbers for the
payment may be negotiated pursuant to subsection Contract Administrator and the Superintendent at the
GC3.14, Claims, Negotiations, Disputes or payment commencement of the Work.
may be made according to the conditions contained in
clause GC8.02.04, Payment on a Time and Material 03) In the event of an emergency situation or other
Basis. urgent matter the Contract Administrator or the
Superintendent may give a verbal notice, provided that
GC3.11.02 Extra Work such notice is confirmed in writing.
04) Any notice permitted or required to be given to
01) The Owner, or Contract Administrator where so the Owner or the Contractor shall be given in
authorized, may instruct the Contractor to perform accordance with the notice provision of the Agreement.
Extra Work without invalidating the Contract. The
Contractor shall not be required to proceed with the GC3.13 Use and Occupancy of the Work
Extra Work until in receipt of a Change Order. Upon Prior to Substantiial Performance
receipt of the written order the Contractor shall proceed
with the Work. 01) Where it is not contemplated elsewhere in the
Contract Documents, the Owner may use or occupy
02) The Contractor may apply for an extension of the Work or any part thereof prior to substantial
Contract Time according to the-terms of subsection - performance,-provided that at least 30 days written
GC3.07, Extension of Contract Time. notice has been given to the Contractor.
03) Payment for the Extra Work may be negotiated 02) The use or occupancy of the Work or any part
pursuant to subsection GC3.14, Claims, Negotiations, thereof by the Owner prior to substantial performance
OPS General Conditions of Contract
13
shall not constitute an acceptance of the Work or parts Material basis in accordance with clause GC8.0204,
i so occupied. In addition,the use or occupancy of the Payment on a Time and Material Basis, the dispute
Work shall not relieve the Contractor or the may be resolved as described In clause GC3.14.05,
Contractor's Surety from any liability that has arisen,or Disputes.
may arise, from the performance of the Work in
accordance with the Contract Documents. The Owner GC3.14.03 Continuance of the Work
will be responsible for any damage that occurs
because of the Owner's use or occupancy. Such use 01) The Contract Administrator will give such
or occupancy of any part of the Work by the Owner instructions as are necessary for continuation of the
does not waive the Owner's right to charge the Work to prevent any delays. It is understood that by
Contractor liquidated damages in accordance with the so doing neither party to the Contract will jeopardize
terms of the Contract any claim it may have.
GC314 Claims, Negotiations, Disputes
GC3.14.04 Record Keeping
GC3.14.01 Claims Procedure
01) Immediately upon commencing work which
01) The Contractor shall_give oral..notice of any may result in a claim, the Contractor shall keep Daily
situation which may lead to a claim for additional Work Records,during the course of the work,sufficient
payment immediately upon becoming aware of the to substantiate the Contractor's claim,and the Contract
situation. Administrator will keep Daily Work Records to be used
in assessing the Contractor's claim, all in accordance
02) The Contractor shall provide written notice in the with clause GC8.02.07, Records.
standard form "Notice of Intent to Claim"within 7 days
of the commencement of any work which may be 02) The Contractor and the Contract Administrator
affected by the situation. shall reconcile their respective Daily Work Records on
a weekly basis, to simplify review of the claim, when
03) The Contractor shall submit claims not later than submitted.
30 days - in exceptional cases this may be increased
to a maximum of 180 days, but subject to approval in 03) The keeping of Daily Work Records by the
writing from the Contract Administrator-after the date Contract Administrator or the reconciling of such Daily
:. of substantial performance,identifying the item or items Work Records with those of the Contractor shall not be
in respect of which the claim arises, stating the construed to be acceptance of the claim.
grounds upon which the claim is made and submitting
the records maintained by the Contractor supporting GC3.14.05 Disputes
such claim.
01) Disputes may be settled by procedures already
04) The Contract Administrator may request the established by the Owner or where both parties agree,
Contractor to submit such further and other particulars a dispute may be submitted to arbitration in
as the Contract Administrator considers necessary to accordance with the provisions of subsection GC3.15,
assess the claim and the Contractor shall submit the Engineering Arbitration. Where both parties cannot
requested information within 30 days. agree, then the appropriate judicial tribunal may be
used.
05) Within 60 days of receipt of the detailed claim,
and all supporting documentation, the Contract GC3.14.06 Payment
Administrator will advise the Contractor, in writing, of
the Contract Administrator's opinion with regard to the 01) Payment of the claim will be made not later than
validity of the claim. 30 days after the date of resolution-of the claim or
dispute. Such payment will be made according to the
GC3.14.02 Negotiations terms of Section.GC8, Measurement and Payment.
01) Should the Contractor disagree with the opinion GC3.14.07 Rights of Both Parties
given in paragraph 05) of clause GC3.14.01, Claims
Procedure, with respect to any part of the claim, the 01) It is agreed that no action taken under this
Contract Administrator will enter into negotiations with subsection by either party shall be construed as a
the Contractor to resolve the matters in dispute. Where renunciation or waiver of any of the rights or recourses
a negotiated settlement cannot be reached and it is available to the parties,provided that the requirements
agreed that payment cannot be made on a Time and set out in this subsection are fulfilled.
OPS General Conditions of Contract
14
GC3.15 Engineering Arbitration the Contract nor in either party's business and shall not
be employed by either party.
GC3.15.01 The Conditions for Engineering
Arbitration 04) The decisions of two arbitrators shall bind the
third. Where there is no agreement between two
01) The following conditions must be established arbitrators the decision of the chairman will be final.
before an arbitration can proceed:
05) The board may appoint experts to assist it.
(a) A dispute between the parties must exist;
06) The board is not bound by the rules of
(b) The parties must agree to refer the dispute for evidence which govern the trial of cases in court but
decision according to the procedure following; may hear and consider any evidence which it
and considers relevant.
(c) The parties must agree to be bound by the GC3.15.04 Costs
award of the arbitrators.
01) Each party shall pay the cost of its appointee.
GC3.15.02 Arbitration Procedure
02) The fee for the chairman will be shared equally.
01) The following provisions are to be included in
the agreement to arbitrate and are subject only to such 03) The fees of any experts appointed to assist the
right of appeal as exist where the arbitrators have board shall be shared equally.
exceeded their jurisdiction or have otherwise
disqualified themselves: 04) The fees of any other person(s) appointed to
assist the board will be shared equally.
(a) All existing actions in respect of the matters
under arbitration will be stayed pending 05) The Owner will provide accommodation for the
arbitration; hearing in the Owner's facilities, and where this is not
possible,will share in the cost of obtaining appropriate
(b) All outstanding claims and matters to be settled facilities.
are to be set out in a schedule to the agreement.
Only such claims and matters as are in the 06) The board will have no power to award costs
schedule will be arbitrated; and except where one of the parties fails to attend a
hearing and it is necessary to adjourn until another
(c) Before proceeding with the arbitration, the date. In such case, the board may require the absent
Contractor shall confirm that all matters in party to bear the costs of the adjourned hearing.
dispute are set out in the schedule.
GC3.15.03 Form and Appointment of GC3.15.05 The Award
Arbitration Board
01) The award will be made within 90 days of the
01) The board shall be composed . of three conclusion of the hearing unless the board extends the
arbitrators: time for making the award. The time shall not be
extended beyond 180 days from the date of the
(a) one appointed by the Contractor; appointment without the consent of both parties.
(b) one appointed-by the Owner; and Where the award is not made within these time limits
(c) one to be appointed by the first two and who the parties may proceed to court or continue their
shall act as chairman, existing actions.
02) A sole arbitrator may adjudicate the dispute
where expressly agreed by the Contractor and Owner. GC3.15.06 Hearing
01) The hearing will commence within 90 days of
03) Appointees shall not be interested financially in the appointment of the chairman.
OPS General Conditions of Contract
15
SECTION GC4 OWNER'S RESPONSIBILITIES AND RIGHTS Auguct 1990
GC4.01 Working Area the default within 5 Working Days.
01) The Owner will acquire all property rights which GC4.06 Contractor's Right to Correct a
are deemed necessary by the Owner for the Default
construction of the Work including temporary working
easements and will indicate the full extent of the 01) The Contractor shall have the right within the 5
Working Area on the Contract Drawings. full Working Days following the receipt of a notice of
default to correct the default and provide the Owner
GC4702 Management and Disposition of with satisfactory proof that appropriate corrective .
Materials measures have been taken.
01) The Owner will identify in the Contract Document 02) If the correction of the default cannot be
the materials to be moved within or removed from the completed within the 5 full Working Days following
Working Area, and any characteristics of those receipt of the notice the Contractor shall not be in
materials which will necessitate special materials default if the Contractor
management and disposition.
(a) commences the correction of the default within
02) The Owner will be responsible for any additional the 5 full Working Days following receipt of the
costs of removing,management and disposition of any notice;
material not identified in the Contract Documents, or
where conditions exist that could not have been (b) provides the Owner with an acceptable
reasonably foreseen at the time of tendering. schedule for the progress of such correction;
and
GC4.03 Construction Affecting Railway
Property (c) completes the correction in accordance with
such schedule.
01) The Owner will pay the costs of all flagging and
other traffic control measures required and provided by GC4.07 Owner's Right to Correct Default
the railway company.
01) If the Contractor fails to correct the default
within the time specified in subsection GC4.06,
GC4.04 Default by the Contractor Contractor's Right to Correct a Default,or subsequently
agreed upon,the Owner,without prejudice to any other
01) The Contractor shall be in default of the Contract right or remedy the Owner may have,may correct such
if default and deduct the cost thereof, as certified by the .
Contract Administrator, from any payment then or
(a) the Contractor fails to commence the Work or thereafter due to the Contractor.
execute the Work properly or otherwise fails to
comply with the requirements of the Contract to
a substantial degree; or GC4.08 Termination of Contractors
Right to Continue the Work
(b) if the.Contractor is adjudged bankrupt or makes
a general assignment for the benefit of creditors 01) Where the Contractor fails to correct a default
because -of insolvency or if a receiver is within the time specked in subsection GC4.06,
appointed because of insolvency. Contractor's Right to Correct a Default,or subsequently
agreed upon,the Owner,without prejudice to any other
GC4.05 Notification of Default right or remedy the Owner may have, may terminate
the Contractor's right to continue the Work in whole or
01) The Owner will give written notice of a default to in part by giving written notice to the Contractor.
the Contractor as soon as the Owner becomes aware
of the alleged default but failure to give such notice in 02) If the Owner terminates the Contractor's right to
a timely way shall not constitute condonation of the continue with the Work in whole or in part, the Owner
default. The notice will include instructions to correct will be entitled to
OPS General Conditions of Contract
16
1
(a) take possession of the Working Area or that withheld from the Contractor under subsection GC4.08,
portion of the Working Area devoted to that part Termination of the Contractors Right to Continue the
of the Work terminated; Work,the Owner will pay the balance to the Contractor
as soon as the final accounting for the Contract is
(b) utilize the Contractor's Equipment and any complete.
Material within the Working Area which is
intended to be incorporated into the Work, the
whole subject to the right of third parties; GC4.10 Termination of the Contract
(c) withhold further payments to the Contractor with 01) Where the Contractor is in default of the
respect to the Work or the portion of the Work Contract the Owner may,without prejudice to any other
withdrawn from the Contractor until the Work or right or remedy the Owner may have, terminate the
portion thereof withdrawn is completed; Contract by giving written notice of termination to the
Contractor, the Surety and any trustee or receiver
(d) charge the Contractor..the additional cost over acting on behalf of the Contractor's estate or creditors.
the contract price of completing the Work or
portion thereof withdrawn from the Contractor,
as certified by the Contract Administrator and 02) If the Owner elects to terminate the Contract the
any additional compensation paid to the Owner will provide the Contractor and the trustee or
Contract Administrator for such additional receiver with a complete accounting to the date of
service arising from the correction of the default; termination.
(e) charge the Contractor a reasonable allowance,
as determined by the Contract Administrator,to GC4.11 Continuation of Contractor's
cover correction to the Work performed by the Obligations
Contractor that may be required under
subsection GC7.15, Warranty; 01) The Contractor's obligation under the Contract
as to quality, correction and warranty of the Work
(f) charge the Contractor for any damages the performed prior to the time of termination of the
Owner may have sustained as a result of the Contract or termination of the Contractor's right to i
default; and continue with the Work in whole or in part shall
(g) charge the Contractor the amount by which the continue to be in force after such termination.
cost of corrections to the Work under
subsection GC7.15, Warranty, exceeds the GC4.12 Use of Performance Bond
allowance provided for such corrections.
01) If the Contractor is in default of the Contract and
GC4.09 Final Payment to Contractor the Contractor has provided a Performance Bond, the
provisions of this Section shall be exercised in
01) If the Owner's cost to correct and complete the accordance with the conditions of the Performance
Work in whole or in part is less than the amount Bond.
l
OPS General Conditions of Contract
17
SECTION GC5 MATERIAL August1990
GC5.01 Supply of Material work site expeditiously after the notification to that
effect from the Contract Administrator. Where the
01) All Material necessary for the proper completion Contractor fails to comply with such notice the
of the Work,except that listed as being supplied by the Contract Administrator may cause the rejected Material
Owner, shall be supplied by the Contractor. The to be removed from the site and disposed of in what
contract prices for the appropriate tender items shall be the Contract Administrator considers to be the most
deemed to include full compensation for the supply of appropriate manner and the Contractor shall pay the
such Material. costs of disposal and the appropriate overhead
charges.
GC5.02 Quality of Material
GC5.04 Substitutions
01) All Material provided by the Contractor shall be
new. 01) Where the specifications require the Contractor
to supply a Material designated by a trade or other
02) Material supplied by the. Contractor shall name, the tender shall be based only upon supply of
conform to the requirements of the Contract. the Material so designated,which shall be regarded as
the standard of quality required by the specification.
03) As specified or as requested by the Contract After the acceptance of a tender, the Contractor may
Administrator, the Contractor shall make available for apply to the Contract Administrator to substitute
inspection or testing a sample of any Material to be another Material identified by a different trade or other
provided by the Contractor. name for the Material designated as aforesaid. The
application shall be in writing and shall state the price
04) The Contractor shall obtain for the Contract for the proposed substitute Material designated as
Administrator the right to enter upon the premises of aforesaid, and such other information as the Contract
the Material manufacturer or supplier to carry out such Administrator may require.
inspection, sampling and testing as specified or as
requested by the Contract Administrator. 02) Rulings on a proposed substitution will not be
made prior to the acceptance of a tender.
05) The Contractor shall notify the Contract Substitutions shall not be made without the prior
Administrator of the sources of supply sufficiently in approval of the Contract Administrator. The approval
advance of the Material shipping dates to enable the or rejection of a proposed substitution will be made at
Contract Administrator to perform the required the discretion of the Contract Administrator.
inspection, sampling and testing.
03) If the proposed substitution is approved by the
06) The Owner will not be responsible for any delays Contract Administrator,the Contractor shall be entitled
to the Contractor's operations where the Contractor to the first $1000 of the aggregate saving in cost by
fails to give sufficient advance notice to the Contract reason of such substitution and to 50% of any
Administrator to enable the Contract Administrator to additional saving in cost in excess of such $1000.
carry out the required inspection,sampling and testing Each such approval shall be conveyed to the
before the scheduled shipping dates. Contractor in writing or by issuance of a Certificate of
Equality on the Owner's standard form of'Certification
07) The Contractor shall not change the source of of Equality'and if any adjustment to the contract price
supply of any Material without the written authorization is made by reason of such substitution a Contract
of the Contract Administrator. Change Order shall be issued as well.
08) Material which is not specified shall be of a GC5.05 Owner Supplied Material
quality best suited to the purpose required and the use
of such Material shall be subject to the approval of the GC5.05.01 Ordering of Excess Material
Contract Administrator.
01) Where Material is supplied by the Owner and
where this Material is ordered by the Contractor in
GC5-03 Rejected Material excess of the amount specified to complete the Work,
such excess Material shall become the property of the
01) Rejected Material shall be removed from the Contractor on completion of the Work and shall be
OPS General Conditions of Contract
18
charged to the Contractor at cost plus applicable 04) The full amount of Material supplied by the
overheads. Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the
GC5.05.02 Care of Material Contractor after taking delivery. Such Material shall
1 not, except with the written permission of the Contract
01) The Contractor shall, in advance of receipt of Administrator,be used by the Contractor for purposes
shipments of Material supplied by the Owner, provide other than the performance of the Work under the
adequate and proper storage facilities acceptable to Contract.
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. 05) Empty reels,crates,containers and other types
of packaging from Material supplied by the Owner shall
02) The Contractor shall be responsible for become the property of the Contractor when they are
acceptance of Material supplied by the Owner, at the no longer required for their original purpose and shall
specified delivery point and for its safe handling and be disposed of by the Contractor unless otherwise
storage. If such Material is damaged while under the specified in the Contract Documents.
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. 06) The Contractor shall provide the Contract
If such Material is rejected by the Contract Administrator, immediately upon receipt of each
Administrator for reasons which are not the fault of the shipment, copies of bills of lading, or such other
Contractor it shall remain in the care and at the risk of documentation the Contract Administrator may require
the Contractor until its disposition has been determined to substantiate and reconcile the quantities of Material
by the Contract Administrator. received.
03) Where Material supplied by the Owner arrives at
the delivery point in a damaged condition or where 07) Where Material supplied by the Owner is
there are discrepancies between the quantities received ordered and stockpiled prior to the award of the
and the quantities shown on the bills of lading, the Contract, the Contractor shall, at no extra cost to the
Contractor shall immediately report such damage or Owner, immediately upon commencement of
discrepancies to the Contract Administrator who shall operations, check the Material, report any damage or
�Y arrange for an immediate inspection of the shipment deficiencies to the Contract Administrator and take
and provide the Contractor with a written release from charge of the Material at the stockpile site. Where
responsibility for such damage or deficiencies. Where damage or deficiencies are not so recorded by the
damage or deficiencies are not so reported it will be Contractor it shall be assumed that the stockpile was
assumed that the shipment arrived in good order and in good order when the Contractor took charge of it
any damage or deficiencies reported thereafter shall be and any damage or deficiencies reported thereafter
made good by the Contractor at no extra cost to the shall be made good by the Contractor at no extra cost
Owner. to the Owner.
OPS Genera Conditions drtrons of Contract
19
SECTION G06 INSURANCE, PROTECTION AND DAMAGE August 1990
GC6.01 Protection of Work, Persons the failure to perform the Work, provided such claims
and Property are
01) The Contractor, the Contractor's agents and all (a) attributable to bodily injury, sickness, disease,
workers employed by or under the control of the or death or to damage to or destruction of
Contractor, including Subcontractors,shall protect the tangible property;
Work, persons and property from. damage or injury,
and shall be responsible for all losses and damage (b) caused by negligent acts or omissions of the
which may arise as the result of the Contractor's Contractor or anyone for whose acts the
operations under the Contract unless indicated to the Contractor may be liable; and
contrary below.
(c) made in writing within a period of 6 years from
02) The Contractor is responsible for the full cost of the date of Substantial Performance of the Work
any necessary temporary provisions and .the as set out in the Certificate of Substantial
restoration of all damage, where the Contractor Performance of the Work or,where so specified
damages the Work or property in the performance of in the Contract from the date of certification of
the Contract. If the Contractor is not responsible for Final Acceptance.
the damage that occurs to the Work or property the
Contractor shall restore such damage, and such work 02) The Contractor shall indemnify and hold
shall be administered according to these General harmless the Owner from all and every claim for
Conditions. damages, royalties or fees for the infringement of any
patented invention or copyright occasioned by the
03) The Contractor shall immediately inform the Contractor in connection with work performed or
Contract Administrator of all damage and injuries which material furnished by the Contractor under the
occur during the term of the Contract. Contract.
04) The Contractor shall not be responsible for loss 03) The Owner expressly waives the right to
and damage that occurs as a result of indemnity for claims other than those stated above in
paragraphs 01) & 02).
y (a) war;
(b) blockades and civil commotions; 04) The Owner shall indemnify and hold harmless
(c) errors in the Contract Documents; the Contractor, his agents, officers and employees
(d) acts or omissions of the Owner, the from and against all claims, demands, losses,
Contract Administrator, their agents and expenses, costs, damages, actions, suits, or
employees, or others not under the proceedings arising out of the Contractor's
control of the Contractor, but within the performance of the Contract which are attributable to a
Working Area with the Owner's lack of or defect in title or an alleged lack of or defect
permission. in title to the Working Area.
05) The Contractor and his Surety or Sureties will not 05) The Contractor expressly waives the right to
be released from any term or provision of any indemnity for claims other than those stated above in
responsibility, obligation or liability under the Contract paragraph 04).
or waive or impair any of the rights of the Owner
except by a release duly executed by the Owner. GC6.03 Contractor's Insurance
GC6.02 Indemnification GC6.03.01 General
01) The Contractor shall indemnify and hold 01) Without restricting the generality of subsection
harmless the Owner and the Contract Administrator, GC6.02, Indemnification, the Contractor shall provide,
their agents, officers and employees from and against maintain and pay for the insurance coverages listed in
all claims, demands, losses, expenses, costs, this General Condition under clauses GC6.03.02 and
damages, actions, suits or proceedings by third .03. Insurance coverage in clauses GC6.03.04,.05 and
parties, hereinafter called"claims", directly or indirectly .06 will only apply when so specked in the Contract
arising or alleged to arise out of the performance of or Documents.
OPS General Conditions of Contract
GC6.03.02 General Liability Insurance licensed vehicles shall have limits of not less than 5
million dollars inclusive per occurrence for bodily
01) General liability insurance shall be in the joint injury, death and damage to property, in the following
names of the Contractor, the Owner, and the Contract forms endorsed to provide the Owner with not less
Administrator with limits of not less than 5 million than 30 days' written notice in advance of any
dollars inclusive per occurrence for bodily injury,death, cancellation, change or amendment restricting
and damage to property including loss of use thereof, coverage:
with a property damage deductible of not more than
$5000. The form of this insurance shall be the (a) standard non-owned automobile policy
Insurance Bureau of Canada Form IBC 2100, dated including standard contractual liability
8-87, endorsement; and
02) Another form of insurance equal to or better than (b) standard owner's form automobile policy
that required in IBC Form 2100 may be used,provided providing third party liability and accident
all the requirements listed in the Contract are-included. - benefits insurance and covering licensed
Approval of this insurance will be conditional upon the vehicles owned or operated by the Contractor.
Contractor obtaining the services of a recognized
Insurance Consultant and obtaining the Consultant's
certificate of equivalency to the required insurance. GC6.03.04 Aircraft and Watercraft Liability
1 Insurance
03) The insurance shall be maintained continuously
from the commencement of the Work until 12 months 01) Aircraft and watercraft liability insurance with
following the date of substantial performance of the respect to owned or non-owned aircraft and watercraft
Work, as set out in the certificate of Substantial if used directly or indirectly in the performance of the
Performance of the Work, or until the certificate of Final Work, including use of additional premises, shall be
Acceptance of the Work is issued, whichever is the subject to limits of not less than 5 million dollars
1 later, and with respect to completed operations inclusive per occurrence for bodily injury, death, and
coverage for a period of not less than 24 months from damage to property including loss of use thereof, and
the date of Final Acceptance of the Work as set out in limits of not less than 5 million dollars for aircraft
_ the certificate of Final Acceptance of the Work, and passenger hazard. Such insurance shall be in a form
thereafter to be maintained for a further period of 4 acceptable to the Owner. The policies shall be
years. endorsed to provide the Owner with not less than 30
days'written notice in advance of cancellation, change
04) The Contractor shall submit annually to the or amendment restricting coverage.
Owner, proof of continuation of the completed
operations coverage and failure of the Contractor to do GC6.03.05 Property and Boiler Insurance
so will result in the cancellation by the Owner of the
limit of the Contractor's indemnification under GC6.03.05.01 Property Insurance
paragraph 01) (c) of subsection GC6.02,
Indemnification. 01) All risks property insurance shall be in the joint
names of the Contractor, the Owner and the Contract
05) Should the Contractor decide not to employ Administrator, insuring not less than the sum of the
Subcontractors for operations requiring the use of amount of the Contract Price and the full value,as may
explosives for blasting, or pile driving or caisson work, be stated in the Supplemental General Conditions, of
or removal or weakening of support of property Material that is specified to be provided by the Owner
building or land, IBC Form 2100 as required shall for incorporation into the Work, with a deductible not
include the appropriate endorsements. exceeding 1%of the amount insured at the site of the
Work. This insurance shall be in a form acceptable to
06) The policies shall be endorsed to provide the the Owner and shall be maintained continuously until
Owner with not less than 30 days written notice in 10 days after the date of Final Acceptance of the Work,
advance of cancellation, change or amendment as set out in the certificate of Final Acceptance of the
restricting coverage. Work,
07) "Claims Made' insurance policies will not be G06.03.05.02 Boiler Insurance
permitted.
01) Boiler insurance insuring the interests of the
GC6.03.03 Automobile Liability Insurance Contractor,the Owner and the Contract Administrator
for not less than the replacement value of boilers and /
01) Automobile liability insurance in respect of pressure vessels forming part of the Work,shall be in /
OPS General Conditions of Contract
21
a form acceptable to the Owner. This insurance shall responsibility by the terms of this Contract.
be maintained continuously from commencement of
use or operation of the property Insured until 10 days 03) In the event of loss or damage to the Work
after the date of Final Acceptance of the Work, as set arising from the action of others,the Owner shall pay
out in the certificate of Final Acceptance of the Work. the Contractor the cost of restoring the Work as the
restoration of the Work proceeds and in accordance
GC6.03.05.03 Use and Occupancy of the Work with the requirements of Section GC8, Measurement
Prior to Completion and Payment.
01) Should the Owner wish to use or occupy part or GC6.03.06 Contractors'Equipment:
all of the Work prior to substantial performance, the Insurance
,Owner will give 30 days, written notice to the
Contractor of the intended purpose and extent of such 01) All risks Contractors' equipment insurance
use or occupancy. Prior to such use or occupancy the covering construction machinery and equipment used
Contractor shall notify the Owner in writing of the by the Contractor for the performance of the Work,
additional premium cost, if any, to maintain property including boiler insurance on temporary boilers and
and boiler insurance, which shall be at the Owner's pressure vessels, shall be in a form acceptable to the
expense. If because of such use or occupancy the Owner and shall not allow subrogation claims by the
Contractor is unable to provide coverage, the Owner Insurer against the Owner. The policies shall be
upon written notice from the Contractor and prior to endorsed to provide the Owner with not less than 30
such use or occupancy shall provide,maintain and pay days'written notice in advance of cancellation,change
for property and boiler insurance insuring the full value or amendment restricting coverage. Subject to
of the Work, including coverage for such use or satisfactory proof of financial capability by the
occupancy,and shall provide the Contractor with proof Contractor for self-insurance of the Contractor's
of such insurance. The Contractor shall refund to the equipment, the Owner agrees to waive the equipment
Owner the unearned premiums applicable to the insurance requirement, and for the purpose of this
Contractor's policies upon termination of coverage. Contract, the Contractor shall be deemed to be
1 insured. This policy shall be amended to provide
02) The policies shall provide that, in the event of a permission for the Contractor to grant prior releases
loss or damage, payment shall be made to the Owner with respect to damage to the Contractor's equipment.
and the Contractor as their respective interests may
appear. The Contractor shall act on behalf of both the GC6.03.07 Insurance Requirements and
Owner and the Contractor for the purpose of adjusting Duration
the amount of such loss or damage payment with the
Insurers. When the extent of the loss or damage is 01) Unless specified otherwise the duration of each
determined the Contractor shall proceed to restore the insurance policy shall be from the date of
Work. Loss or damage shall not affect the rights and commencement of the Work until 10 days after the
obligations of either party under the Contract except date of Final Acceptance of the Work, as set out in the
that the Contractor shall be entitled to such reasonable certificate of Final Acceptance of the Work.
extension of Contract Time relative to the extent of the
loss or damage as the Contract Administrator may 02) The Contractor shall provide the Owner, on a
decide in consultation with the Contractor. form acceptable to the Owner, proof of insurance prior
to commencement of the Work, and signed by an
GC6.03.05.04 Payment for Loss.or..Qamage officer of the Contractor and either the underwriter or,
the broker.
01) The Contractor shall be entitled to receive from
the Owner, in addition to the amount due under the 03) The Contractor shall, on request, promptly
Contract, the amount at which the Owner's interest in provide the Owner with a certified true copy of each
restoration of the Work has been appraised, such insurance policy exclusive of information pertaining to
amount to be paid as the restoration of the Work premium or premium bases used by the insurer to
proceeds and in accordance with the requirements of determine the cost of the insurance. The certified true
Section GC8, Measurement and Payment. In addition copy shall include a signature by an officer of the
the Contractor shall be entitled to receive from the Contractor and in addition, a signature by an officer of
payments made by the Insurer the amount of the the insurer or the underwriter or the broker.
Contractor's interest in the restoration of the Work.
04) Where a policy is renewed the Contractor shall
02) The Contractor shall be responsible for provide the Owner,on a form acceptable to the Owner,
deductible amounts under the policies except where renewed proof of insurance immediately following
such amounts may be excluded from the Contractor's completion of renewal.
OPS General Conditions of Contract
l
05) Unless specified otherwise the Contractor shall reimbursement of such costs the Owner may deduct
be responsible for the payment of deductible amounts the costs thereof from monies which are due or may
under the policies. become due to the Contractor.
06) If the Contractor fails to provide or maintain GC6.04 Bonding
insurance as required in this General Condition or
elsewhere in the Contract Documents, then the Owner 01) The Contractor shall provide the Owner with the
will have the right to provide and maintain such surety bonds in the amount required by the tender
insurance and give evidence thereof to the Contractor. documents.
The Owner's cost thereof shall be payable by the
Contractor to the Owner on demand. 02) Such bonds shall be issued by a duly licensed
surety company authorized to transact a business of,
07) If the Contractor fails to pay the cost of the suretyship in the Province of Ontario and shall be
insurance placed by the Owner within 30 days of the maintained in good standing until the fulfilment of the
date on which the Owner made a formal demand for Contract.
OPS General Conditions of Contract
23
SECTION GC7 CONTRACTOR'S RESPONSIBILMES AND CONTROL OF THE WORK August 1990
GC7.01
General shall notify the Contract Administrator of the name(s),
address(es), posftion(s) and telephone number(s) of
01) The Contractor warrants that the site of the Work the Contractor's representative(s) who can be
has been visited during the preparation of the tender contacted at any time to deal with matters relating to
and the character of the Work and all local conditions the Contract.
which may affect the performance of the.Work are
known. 08) The Contractor shall,at no additional cost to the
Owner, furnish all reasonable aid, facilities and
02) The Contractor shalt not commence the Work assistance required by the Contract Administrator for
nor deliver anything to the Working Area until the the proper inspection and examination of the Work or
Contractor has received a written order to commence the taking of measurements for the purpose of
the Work, signed by the Contract Administrator. payment.
03) The Contractor,shall have complete .control of .09) The Contractor shall prepare, and update as
the work and shall effectively direct and supervise the required,a construction schedule indicating the timing
work so as to ensure conformity with the Contract of the major and critical activities of the Work. The
Documents. The Contractor shall be responsible for schedule shall be designed to ensure conformity with
construction means, methods,techniques, sequences the specified Contract Time. The schedule shall be
and procedures and for coordinating the various parts submitted to the Contract Administrator within 14 days
of the Work. from the date of the contract award.
04) The Contractor shall have the sole responsibility 10) Where the Contractor finds any errors,
for the design, erection, operation, maintenance and inconsistency or omission relating to the Contract,the
removal of temporary structures and other temporary Contractor shall promptly report it to the Contract
facilities and the design and execution of construction Administrator and shall not proceed with the activity
methods required in their use. affected until receiving direction from the Contract
Administrator.
05) Notwithstanding paragraph 04) of subsection
G07.01, General, where the Contract Documents 11) The Contractor shall promptly notify the
include designs for temporary structures and other Contract Administrator in writing if the subsurface
temporary facilities or specify a method of construction conditions observed in the Working Area differ
in whole or part, such facilities and methods shall be materially from those indicated in the Contract
considered to be part of the design of the Work, and Documents.
the Contractor shall not be held responsible for that
part of the design or the specified method of 12) The Contractor shall arrange with the
construction. The Contractor shall, however, be appropriate utility authorities for the stake out of all
responsible for the execution of such design or underground utilities and service connections which
specified method of construction in the same.manner. may be affected by the Work.The Contractor shalt be
that the Contractor is responsible_for the execution of responsible for any damage done to the underground
the Work. utilities by the Contractor's forces during construction
if the stake out locations are within the tolerances given
06) The Contractor shall be responsible for in subsection GC2.01, Reliance on Contract
construction health and safety within the working areas Documents. The Contractor shall be responsible for
and for compliance with the Occupational Health and any damage done to the service connections.
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 GC7.02 Layout
unequivocally acknowledges that the Contractor is the
Constructor within the meaning of the Act. 01) Prior to commencement of construction, the
Contract Administrator and the Contractor will locate on
07) The Contractor shall have an authorized site those property bars, baselines and benchmarks
representative on the site while any work,is being which are necessary to delineate the Working Area and
performed, to act for or on the Contractor's behalf. to lay out the Work, all as shown on the Contract
Prior to commencement of construction,the Contractor Drawings.
OPS General Conditions of Contract
24
02) The Contractor shall be responsible for the GC7.04 )
preservation of all property bars while the Work is in Excess�0 � Motor Vetrcies
progress, except those property bars which must be 01) Where a vehicle is hauling material for use on
removed to facilitate the Work. Any property bars the Work, in whole or in part upon a Highway, and
disturbed, damaged or removed by the Contractor's where motor vehicle registration is required for such
operations shall be replaced under the supervision of vehicle,the Contractor shall not cause or permit such
an Ontario Land Surveyor, at no extra cost to the vehicle to be loaded beyond the legal limit specified in
Owner. the Highway Traffic Act, whether such vehicle is
registered in the name of the Contractor or otherwise,
03) At no extra cost to the Owner, the Contractor except where there are designated areas within the
shall provide the Contract Administrator with such Working Area where overloading is permitted. The
materials and devices as may be necessary to lay out Contractor shall bear the onus of weighing disputed
the baseline and benchmarks, and as may be loads.
necessary for the inspection of the Work.
04) The Contractor shall provide qualified personnel GC7.05 Condition of the Working Area
to lay out and establish all lines and grades necessary
for construction. The Contractor shall notify the 01) The Contractor shall maintain the Working Area
Contract Administrator of any layout work carried out, in a tidy condition and free from the accumulation of
so that the same may be checked by the Contract debris, other than that caused by the Owner or others.
Administrator.
GC7.06 Maintaining Roadways and
05) The Contractor shall install and maintain Detours
substantial alignment markers and secondary
benchmarks as may be required for the proper 01) Where an existing Roadway is affected by
execution of the Work. The Contractor shall supply construction, it shall be kept open to traffic, and the
one copy of all alignment and grade sheets to the Contractor shall, except as otherwise provided in this
Contract Administrator. subsection, be responsible for providing and
for the 06) The Contractor shall assume full responsibility through the Work, whethert'along anhexistin Highway,
for alignment, elevations and dimensions of each and including the road under construction, or on detours
all parts of the Work, regardless of whether the within or adjacent to the Highway, in accordance with
Contractor's layout work has been checked by the the Manual of Uniform Traffic Control Devices
Contract Administrator. (MUTCD).
07) All stakes, marks and reference points provided 02) The Contractor shall not be required to maintain
by the Contract Administrator shall be carefully a road through the Working Area until such time as the
preserved by the Contractor. In the case of their Contractor has commenced operations or during
destruction or removal, such stakes, marks and seasonal shut down or on any part of the Contract that
reference points will be replaced by the Contract has been accepted in accordance with these General
Administrator at no extra cost to the Owner. Conditions.
' 03) Where localized and separated sections of the
GC7.03 Damage by Vehicles or Other Highway only are affected by the Contractor's
Equipment operations, the Contractor will not be required to
maintain intervening sections of the Highway until such
01) If at any time, in the opinion of the Contract times as these sections are located within the limits of
Administrator, damage is being done or is likely to be the Highway affected by the Contractor's general
done to any roadway or any improvement thereon, operations under the Contract. The Contractor shall
outside the Working Area, by the Contractor's vehicles not be required to apply deicing chemicals or
or other equipment, whether licensed or unlicensed abrasives or carry out snowplowing.
equipment,the Contractor shall,on the direction of the
Contract Administrator, and at no extra cost to the 04) Where the Contract Document provides for or
Owner, make changes or substitutions for such the Contract Administrator requires detours at speck
vehicles or equipment, and shall after loadings, or in locations, payment for the construction of the detours,
some other manner, remove the cause of such and if required, for the subsequent removal of the
damage to the satisfaction of the Contract detours, will be made at the Contrail
Administrator. appropriate to such work. prices 1
OPS General 1
Conditions of Contrail
25
05) The Owner will bear the cost of maintaining,in a 02) The Contractor shall provide at all times and at
satisfactory condition for traffic, a road through the no extra cost to the Owner access to fire hydrants,and
Working Area The road through the Work will include water and gas valves located in the Working Area.
any detour constricted in accordance with the
Contract Documents or required by the Contract 03) Where any interruptions in the supply of utility
Administrator. Compensation for all labour,equipment services are required and are authorized by the
and materials to do this work shall be at the Contract Contract Administrator, the Contractor shall give the
prices appropriate to the work and,where there are no affected property owners notice in accordance with
such prices, at negotiated prices. Notwithstanding the subsection GC7.11, Notices by the Contractor, and
foregoing,the cost of blading required to maintain the shall arrange such interruptions so as to create a
surface of such roads and detours shall be deemed to minimum of interference to those affected.
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 GC7.08 Approvals and Permits
for any extended period including seasonal shutdown, 01) Except as specified in paragraph 02) of this
the Contractor shall, when directed by the Contract subsection, the Contractor shall obtain any permits,
Administrator, open and place the -roadway and licenses, and certificates required for the performance
detours in a passable, safe and satisfactory condition of the Work which are in force at the date of tender
for public travel. closing.
07) Where the Contractor constructs a detour which 02) The Owner will obtain and pay for the
is not specifically provided for in the Contract necessary plumbing and building permits.
Document, or required by the Contract Administrator,
the construction of the detour and, if required, the 03) The Contractor shall arrange for all necessary
subsequent removal shall be performed at the inspections.
Contractor's expense. The detour shall be constructed
and maintained to structural and geometric standards GC7.09 Suspension of Work
approved by the Contract Administrator. Removal shall
be performed as directed by the Contract 01) The Contractor shall, upon written notice from
Administrator. the Contract Administrator,discontinue or delay any or
all of the Work and,work will not be resumed until the
' 08) Where, with the written approval of the Contract Contract Administrator will, in writing, so direct.
Administrator, the Highway is closed and the traffic Delays, in these circumstances, will be administered
diverted entirely off the Highway to any other Highway, according to subsection GC3.08, Delays.
the Contractor shall, at no extra cost to the Owner,
supply and erect traffic control devices in accordance
with the MUTCD. GC7.10 Contractors Right to Stop the
09) Compliance with the foregoing provisions shall Work or Terminate The Contract
in no way relieve the Contractor of obligations.under 01) If the Owner is adjudged bankrupt or makes a
subsection GC6.01, Protection of.Work,.Persons and general assignment for the benefit of creditors because
Property,dealing with the Contractor's responsibility for of insolvency or if a receiver is appointed because of
damage claims, except for claims arising on sections insolvency, the Contractor may, without prejudice to
of Highway within the Working Area that are being any other right or remedy the Contractor may have, by
maintained by others. giving the Owner or receiver or trustee in bankruptcy
GC7.07 Access to Properties Adjoining written notice, terminate the Contract.
the Work and Interruption of 02) If the Work is stopped or otherwise delayed for
Utility Services a period of 30 days or more under an order of a court
or other public authority and provided that such order
01) The Contractor shall provide at all times, and at was not issued as the result of an act or fault of the
no extra cost to the Owner Contractor or of anyone directly employed or engaged
by the Contractor, the Contractor may, without
prejudice to any other right or remedy the Contractor
(a) adequate pedestrian and vehicular access;and may have,by giving the Owner written notice,terminate
the Contract.
(b) continuity of utility services to properties
adjoining the Working Area. 03) The Contractor may notify the Owner in writing,
OPS General Conditions of Contract
1
with a copy to the.Contract Administrator, that the not make any claim against the Owner for any loss,
Owner is in default of contractual obligations if damage or expense occasioned thereby.
(a) the Contract Administrator fails to issue 02) Where the obstruction is an underground utility
certificates in accordance with the provisions of such as a telephone cable, watermain, gas main or
Section GC8, Measurement and Payment; sewer or other man-made object, the Contractor shall
not be required to assume the risks and responsibilities
(b) the Owner fails to pay the Contractor, within 30 arising out of such obstruction, unless the location of
days of the due date, the amounts certified by the obstruction is shown on the plans or described in
the Contract Administrator or awarded by the specifications and the location so shown is within
arbitration or court; or the tolerance specified in paragraph 01)(a) of
subsection GC2.01, Reliance on Contract Documents,
(c) the Owner violates the requirements of the or unless the presence and location of the obstruction
Contract. has otherwise been made known to the Contractor or
could have been determined by the visual site
04) The Contractor's written notice to the Owner investigation made by the Contractor in accordance
shall advise that if the default is not corrected in the 7 with these General Conditions.
days immediately following the receipt of the written
notice the Contractor may, without prejudice to any 03) During the course of the Contract, it is the
other right or remedy the Contractor may have, stop Contractor's responsibility to consult with utility
the Work or terminate the Contract. companies or other appropriate authorities for further
information in regard to the exact location of these
05) If the Contractor terminates the Contract under utilities, to exercise the necessary care in construction
the conditions set out in this subsection,the Contractor operations, and to take such other precautions as are
shall be entitled to be paid for all work performed necessary to safeguard the utility from damage.
according to the Contract Documents and for any
losses or damage as the Contractor may sustain as a GC7.13 Limitations of Operations
result of the termination of the Contract.
01) Except for such work as may be required by the
GC7.11 Notices by the Contractor Contract Administrator to maintain the Work in a safe
and satisfactory condition, the Contractor shall not
01) Before work is carried out which may affect the carry on operations under the Contract on Sundays
property or operations of any Ministry or agency of without permission in writing from the Contract
government or any person, company, partnership or Administrator.
corporation, including a municipal corporation or any
board or commission thereof, and in addition to such 02) The Contractor shall cooperate with other
notices of the commencement of specified operations Contractors, utility companies and the Owner and they
as are prescribed elsewhere in the Contract Document, shall be allowed access to their work or plant at all
the Contractor shall give at least 48 hours advance reasonable times.
written notice of the date of commencement of such
work to the person,company,partnership,corporation,
' board, or commission so affected. GC7.14 Cleaning Up Before Acceptance
02) In the case of damage to, or interference with 01) Upon attaining Substantial Performance of the
any utilities, pole lines, pipe lines, conduits, farm tiles, Work, the Contractor shall remove surplus materials,
or other public or privately owned works or property, tools, construction machinery and equipment not
the Contractor shall immediately notify the Owner and required for the performance of the remaining work.
the Contract Administrator of the location and details of The Contractor shall also remove all temporary works
such damage or interference. and debris other than that caused by the Owner, or
others and leave the Work and Working Area clean and
GC7-12 Obstructions suitable for occupancy by the Owner unless otherwise
specified.
01) Except as otherwise noted in these General
Conditions, the Contractor assumes all the risks and
responsibilities- arising out of any obstruction 02) The Work shall not be deemed to have reached
encountered in the performance of the Work and any Completion until the Contractor has removed surplus
traffic conditions, including traffic Conditions on any materials, tools, construction machinery and
highway or road giving access to the Working Area equipment. The Contractor shall also have removed
caused by such obstructions, and the Contractor shall debris,other than that caused by the Owner,or others.
i
OPS General Conditions of Contract
27
GC7.15 Warranty Performance of the Work, or where there is no
i Substantial Performance certificate,12 months from the
01) The Contractor shall be responsible for the date of Completion of the Work as set out in the
proper performance of the Work only to the extent that Completion Certificate or such longer periods as may
the design and specifications permit such performance. be specified for certain materials or work. The
Contract Administrator will promptly give the Contractor
02) Subject to the previous paragraph the Contractor written notice of observed defects or deficiencies.
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 03) The Contractor shall correct or pay for damage
from the date of Substantial Performance of the Work, resulting from corrections made under the
as set out in the Certificate of Substantial requirements of paragraph 02) of this subsection.
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OPS General Conditions of Contract
28
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OPS General Conditions of Contract
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SECTION GC8 MEASUREMENT AND PAYMENT August 1990
GC8.01 Measurement (b) In the case of a Major item where the quantity
of work performed and/or material supplied by
GC8.01.01 Quantities the Contractor is less than 85% of the tender
' quantity,either parry to the Contract may make
01) The Contract Administrator will make an estimate a written request to the other party to negotiate
once a month, in writing, of the quantity of work a revised unit price for that portion of the Work
performed. The first estimate will be the quantity of the performed and/or material supplied. The
work performed since the Contractor commenced the negotiation shall be carried out as soon as
Contract, and every subsequent estimate, except the reasonably possible. Any revision of the unit
final one, will be of the quantity of work performed price shall be based on the actual cost of
since the preceding estimate was made. The Contract performing the Work and/or supplying the
Administrator will provide the copy of each estimate to material under the tender item plus a
the Contractor within 10 days of the Cut-Off Date. reasonable allowance for profit and applicable
overhead. Alternatively, where both parties
02) Such quantities for progress payments shall be agree, an allowance equal to 10% of the unit
construed and held to be approximate. The final price on the amount of the underrun which is
quantities for the issuance of the Completion Payment less than 85% of the tender quantity will be
Certificate shall be based on the measurement of the paid,
work completed.
GC8.02 Payment
03) Measurement of the quantities of the work will be
either by Actual Field Measurement or by Plan Quantity GC8.0201 Price for Work
principles as indicated in the Contract. Adjustments to
Plan Quantity measurements will normally be made 01) Prices for the Work shall be full compensation
using Plan Quantity principles but may, where for all labour, Equipment and Material.required in its
appropriate, be made using Actual Field performance. The term "all labour, Equipment and
Measurements. Material"shall include Hand Tools, supplies and other
incidentals.
GC8.01.02 Variations in Tender Quantities 02) Payment for work not specifically detailed as
part of any one item and without specked details of
01) . Where it appears that the quantity of work to be payment will be deemed to be included in the item(s)
done and/or Material to be supplied by the Contractor with which it is associated.
under a unit price tender item will exceed or be less
than the tender quantity, the Contractor shall proceed GC8.02.02 Advance Payments for Material
to do the work and/or supply the material required to
' complete the tender item and payment will be made for 01) The Owner will make advance payments for
the actual amount of work done and/or materials material intended for incorporation in the Work upon
supplied at the unit prices stated in the tender except the written request of the Contractor and according to
as provided below: the following terms and conditions:
(a) The Contractor shall, in advance of receipt of
(a) In the case of a Major Item where the amount of the shipment of the material, arrange for
' work performed and/or material supplied by the adequate and proper storage facilities and
Contractor.exceeds the tender quantity by more notify the Contract Administrator of their
than 15%, either party to the Contract may make location(s).
•written request to the other party to negotiate
'
• revised unit price for that portion of the Work (b) The value of aggregates, processed and
performed and/or material supplied which stockpiled, shall be assessed by the following
exceeds 115% of the tender quantity. The procedure:
negotiation shall be carried out as soon as
reasonably possible. Any revision of the unit (i) Sources Other Than Commercial
price shall be based on the actual cost of doing
the work and/or supplying the material under the (A) Granular'A', 'B' and 'M' shall be
tender item plus a reasonable allowance for assessed at the rate of 60% of
profit and applicable overhead. the contract price.
OPS General Conditions of Contract
' 30
(B) Coarse and fine aggregates for hot mix GC8.01.01, Quantities.
asphaltic concrete, surface treatment and
Portland cement concrete shall be 02) The progress Payment Certificate will show
assessed at the rate of 25% of the
contract price for each aggregate (a) the quantities of work performed;
stockpiled.
(b) the value of work performed;
(i) Commercial Sources
(c) the amount of statutory holdback,liens,owners
Payment for separated coarse and fine set-off; and
aggregates will be considered, at the
above rate, when such materials are (d) the amount due the Contractor.
stockpiled at a commercial source where
further processing is to be carried out 03) One copy of the progress Payment Certificate
before incorporating such materials into a will be sent to the Contractor.
final product. Advance payments for
' other materials located at a commercial 04) Payment will be made within 30 days of the Cut-
source will not be made. off Date.
(c) Payment for all other materials, unless otherwise
specked elsewhere in the Contract, shall be GC8.02.03.02 Certification of Subcontract
based on the invoice price, and the Contractor Completion
shall submit proof of cost to the Contract
Administrator before payment can be made by .01) Before the Work has reached the stage of
the Owner. substantial performance,the Contractor may notify the
Contract Administrator, in writing that a subcontract is
(d) The payment for all materials shall be prorated completed satisfactorily and ask that the Contract
against the appropriate tender item by paying for Administrator certify the completion of the subcontract.
sufficient units of the item to cover the value of
the material. Such payment shall not exceed 02) The Contract Administrator will issue a
80% of the Contract price for the item. Certificate of Subcontract Completion if the subcontract i
'Y has been completed satisfactorily, and all required
(e) Alt materials for which the Contractor wishes to inspection and testing of the works covered by the
receive advance payment shall be placed in the subcontract have been carried out and the results are
designated storage location immediately upon satisfactory.
receipt of the material and shall thenceforth be
held by the Contractor in trust for the Owner as 03) Within 7 days of the date the subcontract is
collateral security for any monies advanced by certified complete the Contract Administrator will give
' the Owner and for the due completion of the a copy of the certificate to the Contractor and to the
Work. The Contractor shall not exercise any act Subcontractor concerned.
of ownership inconsistent with such security, or
remove any material from the storage locations,
except for inclusion in the Work, without the GC8.0203.03 Subcontract Statutory Holdback
consent,in writing,of the Contract Administrator. Release Certificate and Payment
(f) Such materials shall remain at the risk of the 01) Following receipt of the Certificate of
Contractor who shall be responsible for any Subcontract Completion, the Owner will release and
loss,damage,theft, improper use or destruction pay the Contractor the statutory holdback retained in
of the material however caused. respect of the subcontract. Such release shall be
made after 45 days from the date the subcontract was
certified complete and providing the Contractor
GC8.02.03 Certification and Payment submits the following to the Contract Administrator:
GC8.02.03.01 Progress Payment Certificate
a
( ) a document satisfactory he
ry to Contract
01) The value of the work performed and material Administrator that will release the Owner from
supplied will be calculated once a month by the all further claims relating to the subcontract,
Contract Administrator in accordance with the Contract qualified by stated exceptions such as
Documents and the quantities described in clause holdback monies;
1 OPS General Conditions of Contract
31
(b) evidence satisfactory to the Contract GC8.02.03.05, Substantial Performance Payment and
Administrator that the Subcontractor has Statutory Holdback Release Payment Certificates,shall
discharged all incurred liabilities in carrying out commence from the date of publication of the
the subcontract; Certificate of Substantial Performance as provided for
above.
(c) a satisfactory clearance certificate or letter from
the Workers'Compensation Board relating to the GC8.0203.05 Substantial Performance
subcontract; and Payment and Statutory Hoidback
Release Payment Certificates
(d) a copy of the contract between the Contractor
and the Subcontractor and a satisfactory 01) When the Contract Administrator issues the
statement showing the total amount due the Certificate of Substantial Performance the Contract
Subcontractor from the Contractor. Administrator will also issue the Substantial
' Performance Payment Certificate and the Substantial
02) Paragraph(d)will only apply to Lump Sum items Performance Statutory Holdback Release Payment
and then only when the Contract Administrator Certificate or where appropriate, a combined payment
specifically requests it. certificate.
' 03) Upon receipt of the statutory holdback, the 02) The Substantial Performance -Payment
Contractor shall forthwith give the Subcontractor the Certificate will show
payment due under the subcontract.
(a) the value of work performed to the date of
04) Release of statutory holdback by the Owner in Substantial Performance;
respect of a subcontract shall not relieve the
Contractor, or the Contractor's Surety, of any of their (b) the value of outstanding or incomplete work;
responsibilities.
(c) the amount of the statutory holdback, allowing
GC8.02.03.04 Certification of Substantial for any previous releases of statutory holdback
Performance to the Contractor in respect of completed
subcontracts and deliveries of pre-selected
01) Upon application by the Contractor and where equipment;
the Contract has been substantially performed the
Contract Administrator will issue a Certificate of (d) the amount of maintenance security required;
Substantial Performance. and
02) The Contract Administrator will set out in the (e) the amount due the Contractor.
Certificate of Substantial Performance the date on
which the Contract was substantially performed and 03) The Substantial Performance Statutory
within 7 days after signing the said certificate the Holdback Release Payment Certificate will be a
' Contract Administrator will provide a copy to the payment certificate releasing to the Contractor the
Contractor. statutory holdback due in respect of work performed
up to the date of substantial performance. Payment of
03) Upon receipt of a..copy of the Certificate of such statutory holdback shall be made after 45 days
Substantial Performance,the Contractor shall forthwith, from the date of publication of-the Certificate of
as required by Section 32(1) Paragraph 5 of the Substantial Performance but subject to the provisions
Construction Lien Act, publish a copy of the certificate of the Construction Lien Act and the submission by the
' in a construction trade newspaper. Such publication Contractor of the following documents:
shall include placement in the Daily Commercial News.
(a) a release by the Contractor in a form
04) Where the Contractor fails to publish a copy of satisfactory to the Contract Administrator
the Certificate of Substantial Performance as required releasing the Owner from all further claims
above within 7 days after receiving a copy of the relating to the Contract, qualified by stated
certificate signed by the Contract Administrator, the exceptions such as outstanding work or matters
Owner may publish a copy of the certificate at the arising out of subsection GC3.14, Claims,
Contractor's expense. Negotiations, Disputes;
05) Except as otherwise provided for in Section 31 (b) a statutory declaration in a form satisfactory to
of the Construction Lien Act, the 45-day lien period the Contract Administrator that all liabilities
prior to the release of holdback as referred to in clause incurred by the Contractor and the Contractor's
OPS General Conditions of Contract
32
Subcontractors in carrying out the Contract have (b) a statutory declaration in a form satisfactory to
been discharged except for statutory holdbacks the Contract Administrator that all liabilities
properly retained; incurred by the Contractor and the Contractor's
Subcontractors in carrying out the Contract
(c) a satisfactory Certificate of Clearance from the have been discharged, qualified by stated
Workers' Compensation Board; and exceptions where appropriate; and
(d) proof of publication of the Certificate of (c) a satisfactory Certificate of Clearance from the
Substantial Performance. Workers' Compensation Board.
GC8.02.03.06 Certification of Completion GC8.0203.08 Interest
' 01) Upon application by the Contractor, and when 01) Interest due the Contractor is based on simple
the Contract reaches Completion, the Contract interest and is calculated using the applicable Rates of
Administrator will issue a Completion Certificate. Interest.
02) The Contract Administrator_will set out in the GC8.02-03.09 Interest for Late Payment
Completion Certificate the date on which the Work was
completed and within 7 days of signing the said 01) When the Contractor has complied with the
certificate the Contract Administrator will provide a requirements of the Contract and when payment by the
copy to the Contractor. Owner to the Contractor for work performed, or for
release of statutory holdback,is delayed by the Owner,
GC8.0203.07 Completion Payment and then the Contractor shall be entitled to payment for
Statutory Holdback Release Work performed at the Rate(s) of Interest from a date
Payment Certificates or dates derived from the following:
01) When the Contract Administrator issues the
Completion Certificate, the Contract Administrator will (a) Progress Payment: a date 30 days after the
also issue the Completion Payment Certificate and the Cut-off Date;
Statutory Holdback Release Payment Certificate or
where appropriate, a combined payment certificate. (b) Subcontract Completion and Subcontract
' Statutory Holdback: a date 75 days after the
02) The Completion Payment Certificate will show date the subcontract is certified complete;
(a) measurement and value of work at completion; (c) Substantial Performance and Statutory
Holdback: a date 75 days after the date the
(b) the amount of the further statutory holdback Certificate of Substantial Performance is
based on the value of further work completed published;
over and above the value of work completed
shown in the Substantial Performance Payment (d) Completion and Holdback: a date 75 days
Certificate referred to above; and after the date the Contract is certified complete.
(c) the amount due the Contractor. GC8.0203.10 Interest for Negotiations and
03) The Completion Statutory Holdback Release Claims
' Payment Certificate will be a payment certificate 01) Except as hereinafter provided, where a notice
releasing to the Contractor the further statutory of negotiation, notice of intent to claim and the
holdback. Payment of such statutory holdback shall subsequent claims are submitted in accordance with
be made after 45 days from the date of completion of the time limits and/or procedure described by
the Work as established by the Completion Certificate subsection GC3.14,Negotiations,Claims,Disputes,the
but subject to the provisions of the Construction Lien Owner will pay the Contractor the Rate(s)of Interest on
Act and the submission by the Contractor of the the amount of the negotiated price for the work or on
following documents: the amount of the settled claim. Such interest will not
commence until 30 days after the satisfactory
(a) a release by the Contractor in a form satisfactory completion of the work.
to the Contract Administrator releasing the
Owner from all further claims relating to the 02) Where the Contractor does not attempt to
Contract, qualified by stated exceptions where resolve the negotiation or the claim, In an expeditious j
appropriate; manner, interest shall be negotiable.
OPS General Conditions of Contract
I:
33
' 03) Where the Contractor fails to give notice of a 'Cost of Material" means the cost of material
claim within the time limit prescribed by subsection purchased, or supplied from stock, and valued at
' GC3.14, Negotiations, Claims, Disputes, Interest shall current market prices, for the purpose of carrying out
not be paid. extra work, by the Contractor,or by others when such
arrangements have been made by the Contractor for
04) Where a Contractor fails to comply with the completing the Work, as shown by itemized Invoices.
' 30-day time limit and the procedures prescribed by
subsection GC3.14,Negotiations,Claims,Disputes,for "Payroll Burden" means the payments in respect of
submission of claims, interest shall not be paid for the Workers'compensation, vacation pay, unemployment
delay period. insurance, public liability and property damage
' insurance, sickness and accident insurance, pension
fund and such other welfare and benefit payments
GC8.02.03.11 Owners Set-off forming part of the Contractor's normal labour costs
' and shall include any cost or expense as the Contract
01) Pursuant to Section 12 of the Construction Lien Administrator may approve, which has been incurred
Act 1983 - Set-off by Trustee, the Owner may retain by the Contractor for travel, travel time, food, lodging
from monies owing to the Contractor under this or any or similar items.
' other contract an amount sufficient to cover any
outstanding or disputed liabilities including the cost.to "Rented Equipment" means equipment that is rented
remedy deficiencies, the reduction in value of or leased for the special purpose of Work on a Time
substandard portions of the Work,claims for damages and Material Basis from a person, firm or corporation
' by third parties which have not been determined in that is not an associate or affiliate of the lessee as
writing by the Contractor's insurer, undetermined defined by the Securities Act, RSO 1980, Chapter 466,
claims by the Owner under paragraph (a) of clause and is approved by the Contract Administrator.
GC8.01.02, Variations in Tender Quantities, any
assessment due the Workers' Compensation Board "Operated Rented Equipment" means Rented
and any monies to be paid to the workers in Equipment rented or leased for the special purpose of
accordance with clause GC8.02.06, Payment of Work on a Time and Material Basis for which an
' Workers. operator is provided by the supplier of the equipment
and for which the rent or lease includes the cost of the
02) Under these circumstances the Owner will give operator.
the Contractor appropriate notice of such action.
'Road Work" means the preparation, construction,
GC8.02.03.12 Delay in Payment finishing and construction maintenance of roads,
streets, highways and parking lots and includes all
01) The Owner shall not be deemed to be in default work incidental thereto other than work on structures.
' of the Contract provided any delay in payment does
not exceed 30 days from the normal due date. "Sewer and Watermain Work" means the'preparation,
construction,finishing and construction maintenance of
' sewer systems and watermain systems, and includes
GC8.02.04 Payment on a Time and Material all work incidental thereto other than work on
Basis structures.
GCB.02.04.01 Definitions "Standby Time"means any period of time which is not
considered working time and which together with the
01) For the purposes of this clause the following working time does not exceed 10 hours in any one
' definitions apply: working day and during which time a unit of equipment cannot practically be used on other work but must
'Cost of Labour' means the amount of wages, salary remain on the site in order to continue with its assigned
and Payroll Burden paid or incurred directly by the task and during which time the unit is in fully operable
' Contractor to or in respect of labour and supervision condition.
actively and necessarily engaged on the Work based
on the recorded time and hourly rates of pay for such "Structure Work" means the construction,
labour and supervision, but shall not include any reconstruction, repair, alteration, remodelling,
payment or costs incurred for general supervision, renovation or demolition of any bridge,building,tunnel
administration or management time spent on the entire or retaining wall and includes the preparation for and
Work or any wages, salary or Payroll Burden for which the laying of the foundation of any bridge, building,
the Contractor is compensated by any payment made tunnel or retaining wall and the installation of
by the Owner for equipment. equipment and appurtenances incidental thereto.
OPS General Conditions of Contract
34
'The 127 Rate" means the rate for a unit of equipment used on each Time and Material project at 120%of the
as listed in OPSS 127, Schedule of Rental Rates for Cost of the Material up to$3,000, then at 115%of any
Construction Equipment Including Model and portion of the Cost of Material in excess of$3,000.
Specification Reference,which is current at the time the
work is carried out or for equipment which is not so GC8.02.04.06 Payment for Equipment
' listed, the rate which has been calculated by the
Owner, using the same principles as used in GC8.02.04.06.01 Working Time
determining the 127 Rates.
' 01) The Owner will pay the Contractor for the
'Work on a Time and Material Basis' means Changes Working Time of all equipment other than Rented
in the Work, Extra Work and Additional Work approved Equipment and Operated Rented Equipment used on
by the Contract Administrator for payment on a time the Work on aTime and Material basis at the 127 Rates
' and material basis. The Work on a Time and Material with a cost adjustment as follows:
Basis shall be subject to all the terms, conditions,
specifications and provisions of the Contract. (a) Cost$10,000 or less - no adjustment;
"Working Time" means each period of time during (b) Cost greater than $10,000 but not exceeding
which a unit of equipment is actively and of necessity $20,000 - payment $10,000 plus 90% of the
engaged on a specific operation and the first 2 hours portion in excess of$10,000; and
' of each immediately following period during which the
unit is not so engaged but during which the operation (c) Cost greater than $20,000 - $19,000 plus 800/.
is otherwise proceeding and during which time the unit of the portion in excess of$20,000.
cannot practically be transferred to other work but must
' remain on the site in order to continue with its assigned 02) The Owner will pay the Contractor for the
tasks and during which time the unit is in a fully Working Time of Rented Equipment used on the Work
operable condition. on a Time and Material Basis at 1100/6 of the invoice
price approved by the Contract Administrator up to a
' GC8.0204.02 Daily Work Records maximum of 110%of the 127 Rate. This constraint will
be waived when the Contract Administrator approves
01) Daily Work Records prepared as the case may the invoice price prior to the use of the Rented
be by either the Contractor's representative or the Equipment.
Contract Administrator and reporting the labour and
equipment employed and the material used on each 03) The Owner will pay the Contractor for the
Time and Material project, shall be reconciled and Working Time of Operated Rented Equipment use on
' signed each day by both the Contractor's the Work on a Time and Material Basis at 110°,6 of the
representative and the Contract Administrator. Operated Rented Equipment invoice price approved by
the Contract Administrator prior to the use of the
GC8.0204.03 Payment for Work equipment on the work on a Time and Material Basis.
01) Payment as herein provided shall be full
compensation for all labour, Equipment and Material to GC8.0204.06.02 Standby Time
do the work on a Time and Material basis except where
there is agreement to the contrary prior to the 01) The Owner will pay the Contractor for Standby
commencement of the work on a Time and Material Time of Equipment at 35% of the 127 Rate or 35% of
basis. The payment adjustments shall apply to each the invoice price whichever is appropriate. The Owner
' individual Change Order authorized by the Contract will pay reasonable costs for Rented Equipment where
Administrator. this is necessarily retained in the Work Area for
extended periods agreed to by the Contract
GC8.02.04.04 Payment for Labour Administrator. This will include Rented Equipment
'
01) The Owner will pay the Contractor for labour intended for use on other work,but has been idled due
to the circumstances giving rise to the Work on a Time
employed on each Time and Material project at 135% and Material Basis
of the Cost of Labour up to$3000,then at 1200%of any
portion of the Cost of Labour in excess of$3000. 02) In addition, the Owner will include the Cost of
Labour of operators or associated labourers who
cannot be otherwise employed during the standby
GC8.02-04.05 Payment for Material period or during the period of idleness caused by the
circumstances giving rise to the Work on a Time and
01) The Owner will pay the Contractor for material Material Basis
OPS General Conditions of Contract
35
03) The Contract Administrator may require uire Rented Work.
Equipment idled by the circumstances giving rise to
the Work on Time and Material Basis to be returned to 02) Separate summaries shall be completed by the
the Lessor until the work requiring the equipment can Contractor according to the standard form 'Summary
be resumed. The Owner will pay such costs as result for Payment of Accounts on a Time and Material
directly from such return. Basis". Each summary shall include the order number
' and covering dates of the work and shall itemize
04) When equipment is transported, solely for the separately labour, materials and equipment. Invoices
purpose of the Work on a Time and Material Basis,to for materials, Rented Equipment and other charges
or from the Working Area on a Time and Material incurred by the Contractor on the Work on a Time and
' Basis, payment will be made by the Owner only in Material Basis shall be included with each summary.
respect of the transporting units. When equipment is
Moved under its own power it shall be deemed to be 03) Each month the Contract Administrator will
working. The method of moving equipment and the include with the monthly progress payment certificate,
' rates shall be subject to the approval of the Contract the costs of the Work on a Time and Material Basis
Administrator. incurred during the preceding month all in accordance
with the contract administrative procedures and the
' Contractor's invoice of the Work on a Time and
GC8.0204.07 Payment for Hand Tools Material Basis.
01) Notwithstanding any other provision of this 04) The final"Summary for Payment of Accounts on
Section, no payment shall be made to the Contractor a Time and Material Basis" shall be submitted by the
for or in respect of hand tools or equipment that are Contractor within 60 days after the completion of the
tools of the trade. work on a Time an Material Basis.
' GC8.0204.08 Payment for Work By
Subcontractors GC8.02.05 Final Acceptance Certificate
' 01) Where the Contractor arranges for work on a 01) After the acceptance of the Work the Contract
Time and Material Basis, or a part of it, to be Administrator will issue the Final Acceptance Certificate,
performed by Subcontractors on a Time and Material or, where applicable, after the Warranty Period has
Basis and has received approval prior to the expired. The Final Acceptance Certificate will not be
commencement of the work, in accordance with the issued until all known deficiencies have been adjusted
requirements of subsection GC3.10,Subcontracting by or corrected, as the case may be, and the Contractor
the Contractor, the Owner will pay the cost of work on has discharged all obligations under the Contract.
a Time and Material Basis by the Subcontractor
calculated as if the Contractor had done the work on a GC8.02.06 Payment of Workers
Time and Material Basis, plus a markup calculated on
the following basis: 01) The Contractor shall, in addition to any fringe
' benefits, pay the workers employed on the Work in
(a) 200/. of the first$3,000; plus accordance with the labour conditions set out in the
Contract and at intervals of not less than twice a
(b) 15%of the amount from$3,000 to$10,000; plus month.
' (c) 5% of the amount in excess of$10,000. 02) The Contractor shall require each Subcontractor
doing any part of the Work to pay the workers
' 02) No further markup will be applied regardless of employed by the Subcontractor on the Work in
the extent to which the work is assigned or sublet to accordance with this clause.
others. If work is assigned or sublet to an associate,
as defined by the Securities Act, RSO 1980, Chapter 03) Where any person employed by the Contractor
' 466, no markup whatsoever will be applied. 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
GC8.02.04.09 Submission of Invoices accordance with clause GC8.02.03.11,Owner's Set-off.
1 01) At the start of the work on a Time and Material
Basis, the Contractor shall provide the applicable GC8.02.07 Records
' labour and equipment rates not already submitted to
the Contract Administrator during the course of the 01) The Contractor shall maintain and keep
1
OPS General Conditions of Contract
accurate Records relating to the Work, Changes in the fuels, materials and services, except for refundable
Work, Extra Work and claims arising therefrom. Such taxes and duties, shall be included in the Contract
Records shall be of sufficient detail to support the total price.
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 02) The Contractor shall pay all taxes, customs
Certificate is issued or until all claims have been duties, and excise taxes on all fuels and materials with
settled, whichever is longer. The Contractor shall respect to the Contract. Where applicable, the
' require that Subcontractors employed by the Contractor shall apply for any refunds of taxes and
Contractor preserve all original Records pertaining to duties to the appropriate tax levying authority.
the Work, changes in the work, Extra Work and claims
arising therefrom for-a similar period of time.
03) Any increase or decrease in costs of materials
02) If, in the opinion of the Contract Administrator, and fuels incorporated into the Work due to changes
Daily Work Records are required, such records shall in such taxes and duties after the date of the tender
' report the labour and equipment employed and the closing shall increase or decrease the Contract price
material used on any specific portion of the Work. The accordingly. Both parties to the Contract shall assist
Daily Work Records shall be reconciled with and the other in applying for refunds,where appropriate, by
signed by the Contractor's representative each day. providing receipts, records or other help.
' 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 GC8.02.09 Liquidated Damages
this clause.The Contractor shall supply certified copies
of any part of his Records required whenever
' requested by the Owner. 01) When liquidated damages are specified in the
Contract and the Contractor fails to complete the Work
GC8.02.08 Taxes and Duties in accordance with the Contract, the Contractor shall
pay such amounts as are specified in the Contract
01) Taxes, customs duties and excise taxes on all Documents.
1
1
OPS General Conditions of Contract