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95-46
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-46 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Harnden and King Construction, Brooklin, Ontario, with respect to the Waterfront Trail Construction, Cobbledick Road to Baldwin Street . 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 Harnden and King Construction and said Corporation. 2 . THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 10th day of April, 1995 . By-law read a third and finally passed this 10th day of April, 1995 . Mayor C erk 1 MUNICIPALITY OF _ �arington ONTARIO ■ totten sims hubicki associates engineers architects and planners r r 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON WATERFRONT TRAIL CONSTRUCTION PHASE 4 ' CONTRACT NO. CL95-5 r FEBRUARY 1995 1 1 r r r r ' totten sims hubicki associates ' Engineers, Architects and Planners TSH No. 12 10428 1 1 AGREEMENT ' THIS AGREEMENT made in triplicate this 17th day of March, 1995 iBETWEEN: Hamden & King Construction a Division of George Wimpey Canada Limited of the Regional Municipality of Durham and Province of Ontario hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - CORPORATION OF THE MUNICIPALITY OF CLARINGTON Ihereinafter called the "Purchaser" ' THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein ' otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully iand completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Corporation of the Municipality of Clarington, Contract No. CL95-5, Waterfront Trail Construction, Phase 4. ' A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 and 4 Agreement to 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. 25 - 28 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 314 Sept. 1988 540 May 1988 ' H. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) All plans and documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before the expiration of THIRTY (30) working days from the date of commencement. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the stipulated sum of(as provided in the Itemized Bid). Page 2 of 3 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. ' 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 by the Purchaser FORPORAT16N Of THI MUNICiPAUTY OF CURINGTON ! ) ! ) in the presence of ) - .q�vE , " yo ) Page 3 of 3 PROJECT: TENDER FOR CONTRACT NO. CL95-5 1 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: HARNDEN & KING CONSTRUCTION Name A DIVISION OF GEORGE WIMPEY CANADA LIMITED ' BOX 610 BROOKLIN ONTARIO LOB 1C0 Address (include Postal Code) 905 655-8311 905 655-8628 Telephone and Fax Numbers BLAINE STEEVES Name of Person Signing SENIOR ESTIMATOR 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 IWAniiic Page 1 of 6 pages TENDER CONTRACT NO. CL95-5 tTo: The Mayor and Members of Council Corporation of the Municipality of Clarington 1 Re: Contract No. CL95-5 Waterfront Trail Construction, Phase 4 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, 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. CL95-5 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL95-5 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications ' SP - Refers to Special Provisions (P) - Plan Quantity Payment Item Item Spec. Description of Item Unit Quantity Unit Price Total No. No. 1. SP Site Preparation LS 949.60 949.60 2. 206 Construct Trail Type `A' in 1,600 27.48 43,968.00 314 SP 3. 206 Construct Trail Type `C' in 175 80.47 14,082.25 314 SP ' 4. 421 450 mm dia. Culvert Pipe, Plain in 9 87.89 791.01 SP Galvanized, 1.3 mm Gauge Including Excavation, Type 1 ' Bedding and Granular `B' Backfill (1 Installation) 5. 421 600 mm dia. Culvert Pipe, Plain in 18 99.83 1,796.94 SP Galvanized, 1.3 mm Gauge Including Excavation, Type 1 Bedding and Granular `B' Backfill (2 Installations) 6. 421 450 mm dia. Culvert Pipe in 12 229.83 2,757.96 ' SP (Equalizer), Plain Galvanized, 1.3 mm Gauge, Including Excavation and Rock Backfill 7a. SP Timber Bollards ea 6 85.81 514.86 7b. SP Galv. Pipe Bollards ea 8 208.95 1,671.60 8. 540 Brace Panels ea 2 106.83 213.66 SP 9. SP Silt Fencing in 20 15.11 302.20 Page 3 of 6 pages ITEMIZED BID CONTRACT NO. CL95-5 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL95-5 for the following unit prices. ' Item Spec. Description of Item Unit Quantity Unit Price Total No. No. TOTAL (excluding GST) 67,048.08 GST (7% of Total) 4,693.37 TUTAI. TENDER AMOUNT Tenderer's GST Registration No. R101997500 Page 4 of 6 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO CL95-5 ' BOND NO. 197875-206 WE, the Undersigned, HEREBY AGREE to become bound as Surety for HARNDEN & KING CONSTRUCTION, A DIVISION OF GEORGE WIMPEY CANADA LIMITED ' in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender Amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender Amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No. CL95-5, Waterfront Trail Construction, Phase 4, is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT TORONTO this 17th day of MARCH 1995. SEABOARD SURETY COMPANY OF CANADA ' Name of Bonding Company ' M. J. FEIJO Signature of Authorized Person Signing for Bonding Company ' (BONDING COMPANY SEAL) ATTORNEY-IN-FACT Position I (This Form shall be completed and attached to the Tender Submitted). Page 5 of 6 pages iSCHEDULE OF TENDER DATA CONTRACT NO. CL95-5 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 ' 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. 25 - 28 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 314 Sept. 1988 540 May 1988 ' 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. ' hereby identify this as the Schedule of Tender By my/our signature hereunder, I/we he y fy Data, Plans and Specifications, for Contract No. CL95-5, execute by me/us bearing date the 17th day of March, 1995. SIGNATURE Blaine Steeves 1 POSITION Senior Estimator ' (COMPANY SEAL) NAME OF FIRM Hamden & King Construction IA Division of George Wimpey Canada Limited This is page 6 of 6 pages to be submitted as the Tender Submission for Contract No. CL95-5. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL95-5 INSTRUCTIONS TO TENDERERS 13456nrvc INDEX INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL95-5 ' 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 r PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL95-5 1. GENERAL ' SEALED Tenders plainly marked "Contract No. CL95-5" will be received until: 2:00 P.M., LOCAL TIME, FRIDAY, MARCH 17, 1995 and shall be addressed to: Mrs. Patti Barrie, Clerk ' Corporation of the Municipality of Clarington Municipal Administration Centre 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'Amaucnt Minimum Deposit Regwred $ 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. CL95-5 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. CL95-5 3. Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT ' Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. ' The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. ' The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of ' the General Conditions. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. ' 11. LOCATION ' The work is located in Lots 29, 30, 31 and 32, Concession B.F. `Clarke', from Cobbledick Road to Toronto Street and from Toronto Street to Baldwin Street. ' 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. INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL95-5 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 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 10, 1995 at 10:00 A.M. at the trail intersection with Cobbledick Road. Attendance at this site meeting is mandatory for potential bidders. CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL95-5 SPECIAL PROVISIONS - GENERAL INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL95-5 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 20. WORK BY OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-5 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. LIQUIDATED DAMAGES TIME AND LI 2. CONTRACT Q 1 (1) Time Time shall be the essence of this Contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC 1.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defined in 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. r (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. CL95-5 2. 1 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. i SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-5 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 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 Bridge Rotational, Pot, Class IA 9.20.10 (Structural Steel) Coal Tar Epoxy 9.20.15 (Structural Steel) Coal Tar Epoxy SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-5 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 21h 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 GC 1.06. 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. r SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-5 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 LIC 3A6 Re: Contract No. CL95-5 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Corporation of the Municipality of Clarington from further obligations. Yours very truly, .................................. Signature Property Owner's Name............................Lot......Concession.......... Municipality of ........................................ P Y (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. r SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-5 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 A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. 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. CL95-5 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 At all times, the Contractor shall maintain existing stream flows and shall control all construction work so as not to allow sediment or other deleterious materials to enter streams. No waste or surplus organic material including topsoil is to be stored or disposed of within 30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required. If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-5 8. The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits. 17. 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 The Contractor shall obey all Federal, Provincial and Municipal laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. 19. CONSTRUCTION TIMING The Contractor is advised that he has the option, subject to the approval of the Contract ' 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. r 20. WORK BY OTHERS The Contractor is advised that Ron Robinson Ltd. and Ontario Hydro may be operating on site during the construction period. Ron Robinson Ltd. will be completing work on the approaches to the pedestrian bridge spanning Wilmot Creek. i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL95-5 r r - SPECIAL PROVISIONS TENDER ITEMS 13458n/1/C PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL95-5 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. r - Removal and disposal of trees, brush, etc. within the width of the trail - Trimming of tree branches which overhang trail and disposal of debris. 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. r - Restoration of road shoulders with Granular `A' at areas of intersection of trail with existing roadways. r - 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. CL95-5 2. i 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 subgrade 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 `C' - 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: - Placing of Texel 7609 or approved equivalent geotextile to cover the full width of the trail base. - Supply, 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. - Placing of topsoil and seed on sideslopes of trail. Excavation is not required. It is essential that the existing vegetation cover is not removed or further disturbed in the construction of Type `C' trail. 450 MM DIA. AND 600 MM DIA. PIPE CULVERTS - ITEMS No. 4 AND 5 Payment shall be made under these Items for the installation of culverts in existing road ditches where the trail intersects with existing roadways. The unit price bid shall include for excavation, supply and placing of culvert pipe, backfilling of culvert, topsoil and seeding of fill slopes and rounding and disturbed areas adjacent to walkway and rculvert. 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. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-5 3. Backfill to culverts shall be Granular `B', Type 1, unless sufficient quantities of suitable excavated material are available for this use. PIPE CULVERTS ITEM NO. 6 Payment shall be made under this Item for the supply of all labour, equipment and materials to construct "equalizer" culverts east and west of Wilmot Creek at locations to be determined on site by the Contract Administrator. All material excavated in the placing of the culverts shall be disposed of at a location outside of the Creek Valley, as indicated on the drawings. Each culvert shall be six metres in length and shall be laid on a level grade. A minimum of 150 mm depth of stone bedding shall be placed below the culvert. Geotextile shall be Texel 7609 or approved equivalent and shall be placed on base and side slopes of culvert excavation. rPayment under this Item is limited to all work•undertaken below existing ground level and to the width indicated on Standard Drawing No. D3. The extent of excavation required for pipe installation may be reduced on site at the discretion of the Contract Administrator. The Contractor shall ensure that his operations are carried out within a minimum of disturbance to areas adjacent to the culvert. Where such disturbance occurs it shall be restored at the Contractor's expense. Due to the nature of ground conditions in the areas of culvert installation, the Contractor must receive prior approval from the Contract Administrator for any equipment to be used in trail construction where such equipment will cross the culvert sites. TIMBER BOLLARD - ITEM NO. 7a 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 mm 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. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL95-5 4. r GALVANIZED PIPE BOLLARD - ITEM NO. 7b 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. r Sleeves shall be 75 mm dia. galvanized steel pipe with a closed bottom set in 20 MPa concrete. rPosts 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. r BRACE PANELS - ITEM NO. 8 The unit price bid under this Item shall be payment in full for the supply of all material, labour and equipment to construct brace panels in fencing on the east side of Toronto Street. r SILT FENCING - ITEM NO. 9 ' 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. rSilt 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. r 1 r r r i 1 1 1 1 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1 T L - CONTRACT NO. C 95 5 1 1 1 1 1 1 1 STANDARDS 1 1 r CONTRACT NO. CL95-5 ' STANDARD DESCRIPTION ' D1 Trail Detail - Type `A' D2 Trail Detail - Type `C' D3 Culvert "Equalizer" D4 Trail Detail - Bollards D5 Siltation Fence Detail 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) i i i f i 3000m m 75mm COMPACTED LIMESTONE SCREENINGS ,...r.:•.,,'+. .•'.,':i:e:;.`•a•:'»::. c`'.v`. .:�. .H' .,:ti'> .?_r,±.�:�,;,Y:,-;ti�'. .,-e:,.r.:M:..,j.;x�r:^s': .:t.• .... .,ti J: ,,..."A'.•., :.ri.:;, _ ter.:.+' \ /\ - �'K".el:i.•.."1.:,'.a:r:..e_.<:�;"r4er:..:.:; ..::a:.i1. �.',..t;r.. ,/� /\ / 200mm MIN. 200mm COMPACTED GRANULAR 'B' BASE TYPE `A' DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON PROJECT NO: 12-10428 CONTRACT No.: CL95-5 CLARINGTON WATERFRONT TRAIL totten sims hubicki associates PHASE 4 ❑ ENGINEERS ARCHITECTS AND PLANNERS TRAIL DETAIL D1 3000mm 75mm COMPACTED LIMESTONE SCREENINGS TOPSOIL AND TOPSOIL AND SEED .. ;.;;,.ti.i;rcr. iar..-;y,.''-as:r ..it ,. %,t t s• _.u, . u::: -u;..ti�::s _:t SEED :� ;: r?:; ...:.art;,:x:a;«;,- •:+'_.:; :*.•...{x_,.uw;,. .;rp?..;, GEOTEXTILE 300mm COMPACTED EXISTING VEGETATION TEXEL 7609 GRANULAR 'B' BASE (UNDISTURBED) TYPE `C' DATE: JAN. 1995 SCALE: N.T.S. SOURCE: ±. MUNICIPALITY OF CLARINGTON PROJECT NO: 12-10428 CONTRACT No.: CL95-5 CLARINGTON WATERFRONT TRAIL i totten sims hubicki associates PHASE 4 ENGINEERS ARCHITECTS AND PLANNERS TRAIL DETAIL D2 3600mm MIN. TRAIL CONTSTRUCTION TYPE 'C' VARIES 10 SUIT WATERCOURSE CI N�0 Q Q 1 LEVEL _ a GEOTEXTILE `i TEXEL 7609 450mm PLAIN GALVANIZED CULVERT COMPACTED 50mm (2") MINIMUM DEPTH PIPE (EQUALIZER) GAUGE 1.3mm, CRUSHER RUN 150mm BELOW INVERT LAID TO SUIT EXISTING 1200 MIN. WATERCOURSE LEVEL. NOTES: 1. END AREAS OF BEDDING TO BE COVERED WITH GEOTEXTILE TEXEL 7609. 2. DISTURBED AREAS TO BE TOPSOILED AND SEEDED. DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON PROJECT N0: 12-10428 CONTRACT No.: CL95-5 CLARINGTON WATERFRONT TRAIL totten sims hubicki associates PHASE 4 ENGINEERS ARCHITECTS AND PLANNERS CULVERT "EQUALIZERS" D3 TRAIL EXISTING ROAD O 1500 1000 I N N w QZQ m V) CHAMFER TOP OF POST ( TREAT CUT I �4�W 0 z SURFACE WITH WOOD PRESERVATIVE ) W 0 OW z w 1 _ N o 0 z 3-50mm REFLECTIVE z i z E"E" TAPE OR PAINT oI E� E� o (50mm SPACING) Q� oa�� o EXIST. FENCE tJ 140mm X 140mm �'o O f�l PRESSURE TREATED O o i m �I'I' 1 PINE POST �n �I Q o o < 1000 1000 1000 �1 t 50mm 0 - GALVANIZED Of PIPE (POST) JI w 3000 TRAIL it (( DRILLED HOLE Ln 0I >- (��1 FOR PIN TRAIL SURFACE BOLLARD PLAN WITH ADJACENT FENCE }j'}q EXISTING ROAD 0 0 J i z0z z ¢tea> 0 0 p -II! �f',�i -lf 75mm — ' it O c��c',w z o O �— ���� 1-- 'I. -1 p oa ; o cV -�l I t�t l PIPE (SLEEVE)-._._i 1 I�li.. O I 0- � F -- I 1.. l --j E E v oEow�L o F- JI 7L= 140mm X 140mm PRESSURE TREATED 1000 —1000 . 1 1000 PINE POST AUGER 200mmO HOLE, FILL HOLE WITH 20 MPa CONCRETE NOTE: '—""'—"'— 3000 TRAIL PRESSURE TREATED PINE AUGER 450mmO HOLE, BACKFILL POSTS WILL NOT BE USED HOLE WITH GRANULAR 'B' AT LOCATIONS WHERE THERE IS EXIST. FENCE. BOLLARD DETAIL BOLLARD PLAN WITHOUT ADJACENT FENCE DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON PROJECT NO: 12-10428 CONTRACT No.: CL95-5 CLARINGTON WATERFRONT TRAIL totten sims hubicki associates PHASE 4 EllENGINEERS ARCNITECTS AND PLANNERS TRAIL DETAIL D4 i 50mm x 50mm x 1 .2m GEOTEXTILE LONG WOOD STAKES © 1 .0m 0/C OR APPROVED OTHER 0�- Fz 04/ GROUND LINE 0 ................. 0.3 DATE: JAN. 1995 SCALE: N.T.S. SOURCE: MUNICIPALITY OF CLARINGTON PROJECT NO: 12-10428 CONTRACT No.: CL95-5 CLARINGTON WATERFRONT TRAIL r1la totten sims hubicki associates PHASE 4 ENGINEERS ARCHITECTS AND PLANNERS SILTATION FENCE DETAIL D5 M LMI mm = I m m PIPE IN TRENCH PIPE IN EMBANKMENT Ditch line, Note 2 C E .c Cover E c o` Pipe material \� Pie E E i ,r �. 0 �. W E NOTES: W Foundation I �/77 1 For Type 3, pipe bedding to be shaped grade �— w to receive the pipe for a width of D/2. �- .__ w..'_.._ EARTH EXCAVATION TYPE 1 2 Installation in regular ditch cross–section <so0 TYPE 1 FIRM FOUNDATION <600 mm D mm D is allowed at private entrances only. 00 3 Foundation when required will be specified In the contract. Ditch line, Note 2 cOVef 4 Haunches must be backfilled and a �� �, s/�� ° E •u PQe material \ Pi e / compacted prior to continued placing 0 Note 4 i� of embedment material. W E _ 150 A Protection against Heavy Construction bedding material Equipment according to OPSD-808.01. _ _ ,�---- Note 3 8 Backfill according to OPSD-803.04. Foundation grade EARTH AND ROCK C All dimensions are in millimetres unless TYPE 2 EXCAVATION TYPE 2 otherwise shown. <1800 mm D <1800 mm D �.� IC Cover r LEGEND: s p@ materiol t; l�l,,e 's� • tl OD – Outmide diameter ill � - •- '- � •11111 nim /.'� . 1 1 f D – Inside diameter >--- bedding material W – Minimum width of bedding: Note 1 Note 3 ,0 + 800 mm for D 5 1000 mm. Foundation grade- •-- Note 1 1.67 x D for D > 1000 mm do < 1800 mm.? TYPE 3 TYPE' EARTH AND ROCK E 3---1 D + 1200 mm for D 1800 mm. >1800 :53000 mm o EXCAVATION >1800 5 E mm D c – Pipe diameter < 600 mm c = 300 mm, ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1992 03 12 1 Rev 3 Pipe diameter 300 mm0 mm BEDDING FOR CIRCULAR Date + - - - - - - STEEL PIPE STORM SEWERS - - - - - - - - - - - - - - AND CULVERTS OPSD — 802.01 � li it � � � wn �-■�It l� �� � � III � ilk � 111 il• PIPE IN TRENCH PIPE IN EMBANKMENT Earth or rock 1111 Pipe Backflll PIP° Earth or rock fill Subgrade Subgrade r ,•.. Frost line above I Note 1 .. �" P•� '� Note 1 this level—— — - -—— — — —I I �ZZ L_ I _J L I- I CASE 1: FROST LINE ABOVE TOP OF PIPE I NOTES: I I 1 For Flexible Pipe, according to 10( /--d) rt 10( f-d) Earth or of /-d) ip 10( i d) Pipe OPSD-802.011 802.02, 802.04 Pipe rock fill p° Earth 1005.02 and 1102.02. Subgrade Subgrade I fill For Rigid Pipe, according to F, et ''a a� .Granular backfill.'. �° �t Granular bac d1 , t Frost line I OPSD-802.03, 1005.01 and cnd dine t° �„r_ _, F<o5` and "/" t° e,. ��'-1-� F1°S 1102.01. -= 7 ---_ --__-___ —�- - ---_ Protection against Heavy -- — I I ( A Pro vy h 1 g w Construction Equipment according Frost line In this I I .}—Note 1 e Frost line in this Note 1 ran o to OPSO 808.0 L _J — _ _ — _ _ — - -- - ---- _ _— ran e � B Frost tapers are not required in I g rock embankments. CASE 2: FROST LINE AND of BETWEEN BOTTOM OF BEDDING AND TOP OF PIPE C Case 1 applies in all rock I I embankments. 10( f-e) � 10( i-d )—y �10( i-d) ;E —10( /-d )� 0 All dimensions are In millimetres ripe I Plpe or metres unless otherwise shown. Subgrode Subgrade 'Granular ' 1 Note 1 �• �o•' Granular �.} �• Note 1 0 F backfill ' o e a� backfill •.f e` Earth, LEGEND: aS ` Earth •5`I I'.s• F<a fill Frost line °� ' I I F� or rock fill d - Depth of granular (roadbed). below_this lew_I_ _ I _ (__ I _ _��_ _ _ _ Frost Ilno below thle love _ f - Depth of frost treatment r_ - _I - -"---------------" ----------f------------ measured from profile grade Frost lin e 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 1992 05 01 1 Rev 1 3 D - Inside diameter. 6AC K FI LL FOR PIPE Date — — — — — — CULVERTS - - - - - - - - - - - - - - RIGID AND FLEXIBLE PIPE OPSD - 803.03 I 3.50m brace panel Standard post spacing 7-Brace 3.50m brace panel f--Gate opening r3.50m brace panel (Note I) I Form entrance 175 or 185 r—Post dia: Wooden 4.90m, walk 501 I4.i•1l Terminal post Brace Steel Got I gate 1.20m I , Gate Brae — -200mm min Post line post post post pos pos top for terminal posts 7-175 0 -150 mm min 421�� __4_ !3�_ _ U)o g 150 a top for line M N posts - - -330 mm max =4 94� butt end for 100 z IOOmm x I I I I 150 all posts I pia onal brace wire I I G o - I I Ground oE I I g I o E o E I I 420 I I 3.70 m wood brace. I l b'E line I I I o f I (Four 3.5 is wire M E - E I I I I ° E ) I 1 1 50 to 100 J� I strands twisted in I Li tension), Typical L-i I u U - E �J U IlOorl25 I I Note�e'LL�'0x 100 mmx3.70m FENCE DETAILS WIRE SPACING a POST DIA Steel T post d brace IN EARTH , SHALE, LOOSE OR FRIABLE ROCK Terminal pos t Non shrink fencing 3.5 mm tie wires cementgrout IN ROCK Wooden line post Steel line post r-- 3.50m brace panel Standard post{ l+-Standard post---- 3.50m brace panel�-f NOS Standard post spacing: spacing I I spacing 60x60x6mmangle iron Wooden post t wooden post -6.0 m. o Steel post to steel or wooden post-5.0 m. r0 2 Tie steel posts and wooden post together top o� and bottom with 3.5 mm wire. 31 � , A Ratio of steel posts to wooden post shall i Overburden 1�, 42 I— ` 1 Overburden �r it be 3. 1 unless otherwise specified. X 10----Posthole Lobe X X11 Ground ��� X Y i r�Post hole to Y 1 Ground 1" B All dimensions are in millimetres or metres U� drilled uu u u U - x50x6mm line be drilled line (See table below) � � � (See table below)� angle iron unless otherwise Shawn. ee footing de tail'a'or'b' WITH WOODEN POSTS WITH STEEL POSTS Steel angle FENCE DETAILS Ground concrete iron IN SOLID ROCK Steel angle Iine(Typ) iron 'Overburden y.-..•.,:. �_ '= 450 mm min Steel Post Depth In Rock 6 ;'4. 760 mm max Loy together end Earth Post depth 0 to 450mm max �.%:••: Overburden stay wires of each of overburden min(mm) Non shrink 3 0 Rock Non shrink the two sections to be depth(mm) X Y cement grout I'"e 1i004 cement grout i 840 mm spliced.Then wrap the 0- 600 380 380 '_1-100 mm dia I--100 mm dia Ty P) If excavated or i-IJ overhanging ends blasted-concrete i I� tightly around line 1600-1000 230 230 Detail a Detail b IOOmmdia Wire with pliers or 1000-1200 230 0 Overburden less than 450mm Overburden more than 450 mm 300--- splicing stay if ONTARIO PROVINCIAL STANDARD DRAWING Date__F_ 990 04 02 Rev 4 necessary to allow sufficient length Date for splicing. - --— HIGHWAY FENCE - ------------ li SPLICING DETAIL IOPSD - 901 . 01 ONTARIO Ontario PROVINCIAL STANDARDS August 1990 GENERAL CONDITIONS OF CONTRACT MEA TABLE OF CONTENTS Section Title Page Section Title Page GC 1 INTERPRETATION 1 GC 3.10 Subcontracting Y b 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 l Section Title Page Section Title Page GC 4 OWNER'S RIGHTS AND GC 6.03.05.01 Property Insurance 20 RESPONSIBILMES 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 BIUTIES 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 .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 j Section Title Page Section Title Page 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 Cerfficate GC 8.02.04.01 Definitions .02 Certification of Sub- .02 . Daily Work Records 34 contract Completion .03 Payment for Work .03 Subcontract Statutory .04 Payment for Labour Holdback Release .05 Payment for Material Certificate and Payment .06 Payment for Equipment .04 Certification of Substantial Performance 31 GC 8.02.04.06.01 Working Time .05 Substantial Performance .02 Standby Time Payment and Statutory Holdback Release Payment GC 8.02.04.07 Payment for Hand Tools 35 Certificates .08 Payment for Work by .06 Certification of Subcontractors Completion 32 .09 Submission of Invoices .07 Completion Payment and Statutory Holdback GC 8.02.05 Final Acceptance Release Payment Certificate Certificates .06 Payment of Workers .08 Interest .07 Records .09 Interest for Late .08 Taxes and Duties 36 Payment .09 Liquidated Damages iii Ontario August 1990 ` Ontario Provincial 1 aStandard 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"t -American Association of that quantity within the approved limits of the Work. "AASHO" J 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, lops" - 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"1 - Ministry of Transportation.(Ontario) "Change Order" means- a written order to the "MTC 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 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 Line" 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 performed. 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 'Quantity Sheet' means a fist 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 slope. 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. () 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 60% 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 Completion (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 W 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 l them, (b) $1,000. J OPS General Conditions of Contract 5 GC1.07 Final Acceptance GC1.08 Interpretation of Certain Wads 01) Thewords'acceptable','approval','authafred', 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 dearly the Contract. indicates otherwise. OPS General Conditions of Contract 6 i OPS General Conditions of Contract l r 7 l SECTION GC2 CONTRACT DOCUMENTS August 1990 GC2.01 Reliance on Contract () 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 t (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. r r r OPS General Conditions of Contract r r 8 r 1 r r r 1 r r r r r OPS General Conditions of Contract 9 SECTION GC3 ADMINISTRATION OF THE CONTRACT August 1990 1 GC3.01 Contract 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 ofthe 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 alter 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 07) The Contractor shalt 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 l 11 GC3.07 Extension of Contract Time 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. 05) 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 i (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 such notice is confirmed in writing. GC3.11.02 Extra Work 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 Substantial 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 1 �OPS General Conditions of Contract 13 shall not constitute an acceptance of the Work or parts Material basis in accordance with clause GCS.02.04, 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 ContWwance 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. GC3.14 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 i 14 l 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: it. (a) A dispute between the parties must exist; 05) The board may appoint experts to assist 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 cos-is ' 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 r SECTION G04 OWNER'S RESPONSIBIUTIES AND RIGHT'S August 1990 GC4.01 Working Area the default within 5 Working Days. ' 01) The Owner will acquire all property rights which GC4.06 Con tractor'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 ' GC4.02 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 ' GG4.03 Construction Affecting Rai" 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 rf 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 specified 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 l ' (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 Contractor's 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 Contractors cover correction to the Work performed by the Obl 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 1 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. 1 ) OPS General Conditions of Contract ..-__....._ 17 r t SECTION GC5 MATERIAL August 1990 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 c_harges. ' 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 th8 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 ' 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 Worts 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 i 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 ' 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 General Conditions 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 1 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). (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 specified in the Contract arising or alleged to arise out of the performance of or Documents. OPS General Conditions of Contract 1 1 C".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 Insurance 1 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 ' 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 �Y 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 Baler 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 specked 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 GC6.03.05.02 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 l 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. 1 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 ' 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 Y 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:.Damage. 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 specked 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. } 4 J OPS General Conditions of Contract 23 SECTION GC7 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK August 1990 GC7.01 General shall notify the Contract Administrator of the name(s), address(es), position(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 shall 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. i04) 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 GC7.01, 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 specked method of construction in the.same.manner. may be affected by the Work.The Contractor shall be that the Contractor is responsible.#or 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 gn 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 Excess Loading of Motor yehKABS preservation of all property bars while the Work is in 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 Wing 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 maintaining for the duration of the Work, a road 06) The Contractor shall assume full responsibility through the Work,whether along an existing 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 tomaintain by the Contract Administrator shall be carefully a road through the Working Area until such time s 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 x•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 specific vehicles or equipment, and shall alter 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, Administrator. will be made at the Contract prices appropriate to such work. ' O PS General Conditions of Contract 25 �( 05 Owner bear the cost The will 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 constnx:ted 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. t07) 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 Contractor's 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 written notice, terminate the Contract. GC7.07 Access to Properties Adjoining the Work and Interruption of 02) If the Work is stopped or otherwise delayed for 1 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 r 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) 4 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. 1 OPS General Conditions of Contract 27 GC7.15 Warranty Performance of the Work, or where there is no / 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 1 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. 14. r iOPS General Conditions of Contract 28 l } OPS General Conditions of Contract 29 i SECTION GC8 MEASUREMENT AND PAYMENT August 1990 ' GC 8.01 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 party 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 arid/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. Afternatively, 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 GC8.02.01 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 ,Y part of any one item and without specified 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). a written request to the other party to negotiate ' a 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. iOPS General Conditions of Contract 1 (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; (if) 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 specified 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 fbr 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 has been completed satisfactorily, and all required ' (e) All 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 GC8.02.03.03 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 Catificzition and Payment submits the following to the Contract Administrator: GC8.0203.01 Progress Payment Certificate (a) a document satisfactory to the 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; OPS General Conditions of Contract 31 ' (b) evidence satisfactory to the Con tr act GC8.0203.05 Substantial Performan ce 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 GC8.02.03.05 Substantial Performance subcontract; and Payment and Statutory Holdback 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 l ' 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 alt. liabilities property 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. GC8.0203.06 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 GC8.0203.09 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 Claims 03) The Completion Statutory Holdback Release ' 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 appropriate; manner, interest shall be negotiable. OPS General Conditions f o Contract 33 i 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 G03.14, 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 Owner's Set-off forming part of the Contractor's normal tabour 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 an_d 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, GC8.0203.12 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. ' GC8.02.04.01 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 1 '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 a Time 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 speck 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 80% 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%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 GC8.02.04.06.02 Standby Tune ' 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 intended for use on other work,but has been idled due 01) The Owner will pay the Contractor for labour 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 120%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 Rented Work. i" 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. iespect 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.(Y7 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 GC8.0205 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 GC8.0206 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) 20% 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 ' GC8.02A4.09 Submission of Invokes accordance with clause GC8.02.03.11,Owner's Set-off. 01) At the start of the work on a Time and Material Basis, the Contractor shall provide the applicable GC8.0207 Records labour and equipment rates not already submitted to the Contract Administrator during the course of the 01) The Contractor shall maintain and keep 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 OPS General Conditions of Contract