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HomeMy WebLinkAbout95-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 95-94 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Dagmar Construction Inc . , for the Reconstruction of Lambs Road Bridge. 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 Dagmar Construction Inc . and said Corporation. By-law read a first and second time this 26thday of June 1995 . By-law read a third time and finally passed this 26th day of June 1995 . TING"FREYOK- MUNICIPALITY OF _ arinaton ONTARIO i� i 1 totten sims hubicki associates engineers architects and planners r r r r CORPORATION OF THE MUNICIPALITY OF CLARINGTON LAMBS ROAD BRIDGE RECONSTRUCTION rCONTRACT NO. CL95-19 r r MAY 1995 r r r r r totten sims hubicki associates Engineers, Architects and Planners TSH No. 12-10026 r AGREEMENT THIS AGREEMENT made in quintuplicate this 14th day of June 1995 BETWEEN: DAGMAR CONSTRUCTION INC. of the Regional Municipality of York and Province of Ontario thereinafter called the "Contractor" tTHE PARTY OF THE FIRST PART - and - i rthe CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Purchaser" ' THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. ' Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS CONTRACT NO. CL95-19, LAMBS ROAD BRIDGE RECONSTRUCTION ADDENDUM NO. 1 dated May 30, 1995 A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 - 6 Bond Schedule of Tender Data Page 8 B. INSTRUCTIONS TO TENDERERS Pages 1 to 4 C. SPECIAL PROVISIONS - GENERAL Pages 1 to 29 D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 13 E. STANDARDS F. PLANS: Drawings No. 1 - 13 G. STANDARD SPECIFICATIONS: the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date 102 Oct. 1992 501 Dec. 1987 903 Dec. 1983 127 Current 506 May 1994 904 Dec. 1983 128 Current 510 Oct. 1993 905 May 1994 201 Apr. 1987 511 Feb. 1990 908 Dec. 1983 206 Dec. 1993 512 Feb. 1990 909 Feb. 1993 310 Mar. 1993 570 Aug. 1990 914 Sept. 1988 ' 314 Dec. 1993 540 Feb. 1990 922 Feb. 1.993 353 Sept. 1990 552 Feb. 1990 1350 Dec. 1983 410 Dec. 1988 572 Aug. 1990 421 Jan. 1995 902 Dec. 1983 All plans and documents referred to in the specifications. rH. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before the expiration of forty (40) working days from the commencement date of July 4, 1995. IN CONSIDERAT I ON WHEREOF sai d party of the second part agrees to p a y to the Contractor for all work done, the unit prices on the Tender. 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 ) DAGMA RU I IN . DIRECTOR in the presence of ) SIGNED and sealed by the Purchaser ) t.ORIORA110N OF tNF MUNICIpdtITY QF CLARING104 r . in the presence of ) PiAne)Hamr , Mayor arrle, Clerk Page 3 of 3 CONTRACT NO. CL95-19 MUNICIPALITY OF CLARINGTON LAMBS ROAD BRIDGE RECONSTRUCTION ADDENDUM NO. 1 Contractors are hereby notified of the following modifications to Contract No. CL95-19. ITEMIZED BID Page 1: Section 1 - Roadworks Under Item No. 1, Clearing and grubbing will be carried out to road allowance limit. Page 4: Section 2 - Structure Unit for Item No. 26 shall read m2 not m3. SPECIAL PROVISIONS - GENERAL Page 1: Clause 3, Contract Time and Liquidated Damages. Part 2: Progress of the Work and Contract Time. The charging of working days shall commence on Tuesday, July 4, 1995. tDRAWINGS: Drawing No. 1 Elevation of footing is shown incorrectly on Drawing No. 1. Refer to Drawing No. 2 for correct elevation. Drawing No. 6 Deck drains will be relocated to 250 nun from centreline of span to avoid conflict with tie rods. Revised drawing will be issued to successful bidder for construction purposes. GENERAL: We have been advised by Ontario Hydro that power can be shut down in the area of the bridge for a maximum period of two hours. The Contractor shall make his own arrangements with Hydro in this regard. All tenders shall be submitted on the basis of these modifications. This Addendum shall remain attached to and form part of all tenders submitted. Totten Sims Hubicki Associates 513 Division Street, P.O. Box 910 COBOURG, Ontario K9A 4W4 May 30, 1995 7917EJ815/10026/c PROJECT: TENDER FOR CONTRACT NO. CL95-19 LAMBS ROAD BRIDGE RECONSTRUCTION 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 I TENDERER: DAGMAR CONSTRUCTION INC. Name P.O. Box 510 7350 Highway#48. Markham, Ontario. QP 3R1 Address (include Postal Code) 1 (905) 294-7480 (905) 294-8414 Telephone and Fax Numbers L.C. Piyher Name of Person Signing Director 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 13928AM I Page 1 of 8 pages TENDER CONTRACT NO. CL95-19 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL95-19, Lambs Road Bridge Reconstruction Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a certified cheque in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. I i Page 2 of 8 pages ITEMIZED BID CONTRACT NO. CL95-19 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL95-19 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. SECTION 1 - ROADWORKS 1. 201 Clearing and Grubbing LS 8,595.00 $8,595.00 2. 206 Earth Excavation(Grading) m3 1,800 6.48 11,664.00 SP (P) 3. 310 Hot Mix H.L.-4 t 400 43.24 17,296.00 SP 4. 314 Granular `A' t 1,500 9.23 13,845.00 SP ' 5. 314 Granular `B', Type 1 t 2,500 7.01 17,525.00 SP 6. 353 Concrete Curb and Gutter (all m 120 47.72 5,726.40 SP types) 7. 421 500 mm dia. CSP Culvert, m 28 107.46 3,008.88 SP including Excavation, Type 1 Bedding and Granular Backfill 8. 421 600 mm dia. CSP Culvert, m 18 105.30 1,895.40 SP including Excavation, Type 1 Bedding and Granular Backfill 9. 501 Water for Compaction and m3 270 5.00 1,350.00 Dust Suppression 10. 506 Calcium Chloride Flake kg 1,800 0.50 . 900.00 11. 510 Removal of Pipe Culverts m 31 3.00 93.00 12. 510 Removal of Fence m 70 4.00 280.00 13. 510 Remove and Relocate Gate LS 550.00 550.00 SP Page 3 of 8 pages i ITEMIZED BID CONTRACT NO. CL95-19 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL95-19 for the following unit prices. Item Spec. Description of Item Unit I Quantityj Unit Price Total No. No. ' 14. 540 Highway Fence in 70 8.00 560.00 15. 540 Brace Panels ea 5 60.00 300.00 16. 552 3 Cable Guide Rail in 80 15.00 1,200.00 17. 552 Anchor Blocks ea 2 450.00 900.00 18. 552 Single Rail Steel Beam Guide in 60 65.00 3,900.00 SP Rail 19. 570,572 Topsoil (imported) and m2 1,000 3.73 3,730.00 SP Seeding 20. 570,572 Rock Check Dams ea 3 784.00 2,352.00 SP 21. SP Silt Fence in 200 10.60 2,120.00 I Total Section 1 - (carried to Summary Page) $97,790.68 SECTION 2 - STRUCTURE 22. 201,510 Removal and Disposal of LS 13,940.00 13,940.00 902,SP Existing Structure 23. 902 Unwatering Structure LS 9,500.00 9,500.00 SP Excavations 24. 902 Earth Excavation for m3 74 20.00 1,480.00 SP Structure Foundations 25. 903 Equipment for Driving Piles LS 14,000.00 14,000.00 26. 903 Steel Sheet Piles m2 156 150.00 23,400.00 SP 27. 904 Concrete in Structure m3 74 392.77 29,064.98 SP Foundations Page 4 of 8 pages ' ITEMIZED BID CONTRACT NO. CL95-19 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL95-19 for the following unit prices. Item S pec Description of I t em Unit Quantity Unit Price Total No. No. 28. 904 Concrete in Abutments and LS 60,421.15 60,421.15 SP Wingwalls 29. 909,922 Prestressed Concrete Voided LS 93,508.16 93,508.16 SP Slabs (SIV-1220) 30. 904 Concrete in Deck topping, LS 26,137.60 26,137.60 SP Sidewalk and Curb 31. 904 Concrete in Parapet Walls LS 11,669.20 11,669.20 SP 32. 904 Concrete in Approach Slabs LS 9,466.90 9,466.90 1 SP � 33. 905 Reinforcing Steel t 12.8 1,200.00 15,360.00 34. 905 Coated Reinforcing Steel t 11.9 1,570.00 18,683.00 i i35. 908 Steel Parapet Rails LS 2,700.00 2,700.00 SP 36. 314,501 Granular Backfill to Structure LS 9,937.80 9,937.80 902,SP 37. 511 Rock Protection LS 6,955.00 6,955.00 SP 38. 914 Asphalt Membrane m2 138 21.01 2,899.38 SP Waterproofing 39. 914 Form and Fill Grooves in 39 19.23 749.97 Total Section 2 - (carried to Summary Page) $349,873.14 Page 5 of 8 pages i ITEMIZED BID CONTRACT NO. CL95-19 1 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL95-19 for the following unit prices. Item Spec. Description of Item Unit Quantity Unit Price Total No. No. SUMMARY: Total Section 1 - Roadworks $97,790.68 Total Section 2 - Structure 349,873.14 Total (excluding GST) $447,663.82 GST (7% of Total) 31,336.47 TOTAL TENDER. AMOUNT $479,000 29 Tenderer's GST Registration No. R121964290 Page 6 of 8 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL95-19 Bond No. 83-0658-0049-95 WE, the Undersigned, HEREBY AGREE to become bound as Surety for DAGMAR CONSTRUCTION INC. ' 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. CL95-19 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. I DATED AT TORONTO, ONTARIO this 29TH day of MAY 1995. I I CANADIAN GENERAL INSURANCE COMPANY I Name of Bonding Company BRUNO AGOSTINI Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) ATTORNEY-IN-FACT Position (This Form shall be completed and attached to the Tender Submitted). Page 7 of 8 pages SCHEDULE OF TENDER DATA CONTRACT NO. CL95-1 9 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 - 6 Agreement to Bond Page 7 Schedule of Tender Data Page 8 B. INSTRUCTIONS TO TENDERERS Pages 1 to 4 C. SPECIAL PROVISIONS - GENERAL Pages 1 to 29 D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 13 ' E. STANDARDS F. PLANS: Drawings No. 1 - 13 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 OPSS No. Date 102 Oct. 1992 501 Dec. 1987 903 Dec. 1983 127 Current 506 May 1994 904 Dec. 1983 128 Current 510 Oct. 1993 905 May 1994 201 Apr. 1987 511 Feb. 1990 908 Dec. 1983 206 Dec. 1993 512 Feb. 1990 909 Feb. 1993 310 Mar. 1993 570 Aug. 1990 914 Sept. 1988 314 Dec. 1993 540 Feb. 1990 922 Feb. 1993 353 Sept. 1990 552 Feb. 1990 1350 Dec. 1983 410 Dec. 1988 572 Aug. 1990 421 Jan. 1995 902 Dec. 1983 H. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. ' By /our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Spebifications, for Contract No. CL95-19, executed by me/us bearing date the 2nd day of June 1995. SIGNATURE POSITION: Director (COMPANY SEAL) NAME OF FIRM: DAGMAR CONSTRUCTION INC. This is Page 8 of 8 Pages to be submitted as the Tender Submission for Contract No. CL95-19. 1 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL95-19 I 1 INSTRUCTIONS TO TENDERERS 13M/g vc 1 INDEX ' INSTRUCTIONS TO TENDERERS CONTRACT NO. CL95-19 rCLAUSE 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. AWARD OF THE CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17. ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 r 1 r r r r r PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL95-19 1. GENERAL SEALED Tenders plainly marked "Contract No. CL95-19" will be received until: 2:00 P.M., LOCAL TIME, FRIDAY,JUNE 2, 1995 and shall be addressed to: Ms. 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. Tt�tal Tender:mount Minimnm I)eps�sfE II egwred $ 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. CL95-19 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. I 6. UNACCEPTABLE TENDERS � I 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. CL95-19 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 b the successful Tenderer to meet the above requirements will entitle the Authority to Y q Y 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 on Lambs Road, Lot 6 and 7, Concession III "Darlington", Municipality of Caarington. ' 12. SOILS INFORMATION AND CROSS-SECTIONS ' A foundation investigation has been undertaken on behalf of the Authority and the report and other findings are available for review at the office of the Contract Administrator. The information provided is for guidance only and is not guaranteed by the Authority. ' Design cross-sections may also be viewed for information purposes at the same location. No test pits will be excavated for this Contract. ' 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. INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL95-19 4. ' It shall be the Contractor's responsibility hto thoroughly inspect the site of the proposed works determine the location of any buried or obstructing services and make satisfactory arrangements ' for interference with such service with the proper jurisdictional agency. 14. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Contract Administrator, Totten Sims Hubicki Associates, Telephone: 905-372-2121, attention: R.A. Kempton, P.Eng., or G. Watson, P.Eng. ' 15. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Ministry of Transportation, Ontario. 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR ' Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. i 17. ADDENDA ' The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. 18. UTILITIES Plans illustrating proposals for the relocation of utilities are available for inspection at the office ' of the Contract Administrator. For additional information regarding existing utilities the Contractor may contact the following personnel: Ontario Hydro: Mr. Scott Goodhand Tel: 905-623-2561 Bell Canada: Mr. Brian Middleton Tel: 905-697-5821 i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL95-19 II i SPECIAL PROVISIONS - GENERAL 13930/8/2/C INDEX SPECIAL PROVISIONS-GENERAL CONTRACT No. CL95-19 CLAUSE SUBJECT PAGE 1. PLAN QUANTITY ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' 2. GUARANTEED MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE 2 5. OPS GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 t 6. REVISION TO OPS GENERAL CONDITIONS . . . . . . . . . . : . . . . . . : . . . . . . . . 3 7. LAYOUT 3 8. LABOUR CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' 9. RESTRICTIONS ON OPEN BURNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10. SUPPLY OF MATERIALS 8 11. PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' 12. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14. HAUL ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 II 15. DUST CONTROL 11 16. TRAFFIC CONTROL, FLAGGING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS . . . . . . . . . . . . . . . . . . . 12 ' 18. MAINTENANCE OF TRAFFIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . 13 20. ENGINEERING FIELD OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ' 21. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL . . . . . . . . . . . . . . . . . 14 22. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 23. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) . . . . . 20 24. SPILLS REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 25. PROTECTION OF WATER QUALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ' 26. TRAFFIC AND STREET SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 27. GARBAGE COLLECTION 21 28. ASPHALT MIX DESIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 29. CONCRETE MIX DESIGNS . . • • . . . . . • . . . • . • • . . . . • . • . . . . . . • . . • . . . . 22 30. TREE PROTECTION 24 31. APPLICABLE STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ' 32. AMENDMENT TO OPSS 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 33. GOVERNMENTAL REQUIREMENTS 26 34. DELIVERY OF TEST SAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 35. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED ' SPACES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 36. REVIEW OF SHOPIWORKING DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ' 37. AMENDMENT TO OPSS 1301 . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . .. : . 27 38. USE OF GROUND GRANULATED BLAST-FURNACE SLAG . . . . 29 i PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 1. PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE The Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months in accordance with Section GC7.15.02 of the General Conditions. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. i 3. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC 1.06. (2) Progress of the Work and Contract Time The charging of working days shall commence on Tuesday. July 4. 1995 and the Contractor shall diligently prosecute the work on this contract to completion on or before the expiration of Forty (40) working days from the date of commencement. 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 therefore. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 2. ' Working days shall be charged until the date of completion of the work as set out in the Certificate of Completion issued in accordance with GC8.02.03.06. ' (3) Worldng Day Working Day as defined in GC1.04 is modified by the addition of the following under Paragraph (a): ' Except any day from inclusive, even though the Contractor may elect to carry out any approved work as called for under this Contract during this period. The Contract Administrator will furnish to the Contractor for his signature a weekly "Statement of Record of Working Days". The Contractor will be allowed two weeks in which to file a written protest setting forth in what respects the said weekly statement is incorrect, otherwise, the statement shall be deemed to have been accepted by the Contractor as correct. (4) 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 within the number of working days as set forth in the special provisions or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of FOUR HUNDRED DOLLARS ($400.00) as liquidated damages for each and every calendar day's delay in achieving completion of ' the work in excess of the number of working days 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 number of working days. ' 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. ' 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.07 is defined as an employee of the ' Contractor. 5. 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. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL95-19 3, 6. 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. 7. 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. 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. 8. LABOUR CONDITIONS General This Special Provision is to be read in conjunction with Section GC8.02.06, Payment of Workers, of the General Conditions of the Contract and is subject to The Industrial Standards Act, The Employment Standards Act, 1980 and the regulations made thereunder. The wage rates set out in the Roads and Structures Fair Wage Schedule are subject to change periodically. Any increase in costs incurred by a change in the wage rates shall be borne by the Contractor. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 4. Definitions ' For the purposes of this Special Provision, (a) "regular rate" means, (i) the hourly rate paid to an employee for their normal non-overtime work week, or; (ii) in the case of an employee to whom sub-clause (i) does not apply, the amount obtained by dividing their total earnings for the week by the number of hours they worked in the week. (b) "work on roads" means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures; and; (c) "work on structures" means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge; tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto; — I ' provided, however, that the Minister of Labour, Ontario may at his/her sole discretion determine whether any particular work is to be classified as work on roads or as work on structures and such decision may be made notwithstanding the definitions herein contained. Hours of Work and Wages The regular work week for a person employed on work on roads being done under this Contract or any other Contract subject to these or similar labour conditions shalt not exceed 55 hours and all time worked by such person in excess of 55 hours a week shall be overtime except that part of the hours of work in excess of 55 hours a week which together with the hours worked in the preceding week do not exceed 55 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. The regular work week for a person employed on work on structures being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 50 hours and all time worked by such person in excess of 50 hours a week shall be overtime except that part of the hours of work in excess of 50 hours a week which, together with the hours worked in the preceding week do not exceed 50 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. Every person employed by the Contractor or a sub-contractor or other person to do any part of the work contemplated by this Contract shall be paid while employed on such work at not less than the wage rate set out in the Roads and Structures Fair Wage Schedule hereunder for the appropriate classification of such work or not less than such other wage rates as, during the SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 5. continuance of the work are fixed b the Minister of Labour Ontario for h y r ours of work that are not overtime and shall be paid one and one half times his/her regular rate for all hours of work that are overtime. Notwithstanding that a Contractor pays wages in excess of the wage rates set out in the Roads and Structures Fair Wage Schedule hereunder, he shall not, in computing overtime wages payable to an employee, set off against such overtime wages any part of the wages earned by the employee in respect of their regular work period. Where a person is working on more than one Contract that is subject to these conditions, including any municipal Contract that contains similar labour conditions, the regular work week ' and the entitlement to overtime for that person shall be based upon the total hours worked on all such Contracts and if, on this basis, overtime is worked on this Contract the Contractor shall pay such person at the overtime rate and no waiver by that person of this entitlement to overtime wages and no interposition of a third party by way of an employment agency or as the nominal employer of that person shall relieve the Contractor of his/her obligation to pay that person the overtime wages. Decisions by Minister of Labour Where there is no appropriate classification set out in the Roads and Structures Fair Wage Schedule for any particular class of work, the Minister of Labour, Ontario, may designate or establish the appropriate classification and the wage rate. The Contractor, upon receipt of notice of any decision of the Minister of Labour, Ontario, made under this Contract, shall immediately adjust the wage rates, hours and classification of work so as to give the effect to such decision. Fair Wage Schedule The Contractor shall make applicable to this Contract and post, in accordance with Section GC7.II of the General Conditions of the Contract, the current edition of the Ontario Ministry of Labour's Roads and Structures Fair Wage Schedule and any amendments thereto. Contractor to Keep Records Which are to be Open for Inspection The Contractor shall keep proper books and records showing the names, trades, addresses and hourly wage rates of all workers in his/her employ or employed on this Contract through an employment agency and the wages paid to and time worked by such workers both at regular wage rates and at overtime wage rates, and the books or documents containing such records shall be open for inspection by officers of the Government at any time it may be expedient to the Minister of Labour to have the same inspected. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL95-19 6. I Ministry Requirements Before Payments Made to Contractor The Contractor shall from time to time upon request furnish the Ministry with such detailed information and evidence as may be required in order to establish that these labour conditions have been complied with not only by him/her but by any sub-contractor or other person doing any part of the work contemplated by the Contract. Off Site Work The Labour Conditions are intended for application primarily to work on the Contract site. Work that is carried out on sites that are not in the immediate vicinity of the Contract site or that are not used exclusively for the purposes of Contracts including Municipal Contracts, containing similar labour conditions will not be subject to the Labour Conditions. Training Period for Equipment Operators (a) Employees, other than students, learning to operate equipment are classified as "Apprentice Equipment Operators" during, (i) their first three months operating equipment which does not require a licensed operator; or _ (ii) their first 18 months operating equipment which requires a licensed operator. (b) The wages for apprentice equipment operators are as follows: I Windsor Zone The wage rate for Cement Improver Hamilton Zone The wage rate for Asphalt Raker Toronto Zone The wage rate for Asphalt Raker Ottawa Zone The wage rate for Skilled Labourer Provincial Zone The wage rate for Skilled Labourer. Pile Driver Employees other than an operator are to be classified as "Pile Driver Men" and shall be entitled to the wage rate for "Labourer" - Structure Section. Servicing of Equipment by Operator "On Site" The Operator shall be entitled to his/her wage rate for the work in accordance with the terms of the "Special Provisions- Labour Conditions." SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 7. Travelling Time Travelling time will not be subject to the Fair Wage Schedule. The hours and wages or monies paid for travelling time are to be deleted from the wage record of an employee in computing his/her wage entitlement. Gravel and Chip Spreader - Provincial Zone Employees engaged in this classification of work shall be paid the wage rate of Equipment and Maintenance Operator, Group 'B'. Room and Board Allowance The amount of room and board allowance will be negotiated between the employer and employee but in no case will the net amount of wages due to an employee be less than such wages an employee in General Construction work would receive at the minimum wage and overtime at one and one-half tunes that rate for hours worked in excess of forty-four a week and the maximum deduction for Room and Board per week as allowed by Regulation under the Employment Standards Act. Farm or Industrial Tractors with Attachments The attachment must be power operated and be an integral part of the tractor. I Wage Rates for Students (a) Students employed as FLAGPERSONS or WATCHPERSONS shall be entitled to the wage rate for these classifications. (b) Students performing work in positions that are classified in the Fair Wage Schedule, other than FLAGPERSONS or WATCHPERSONS, shall be entitled to receive the student rate, notwithstanding the rate set out in the Schedule for the classification applicable to the work. (c) Students employed for more than three months in a classified position shall then be entitled to the wage rate for that classification. (d) Students performing work in positions that are not classified in the Fair Wage Schedule shall be entitled to receive the student rate, regardless of the location of the Contract. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 g, 9. 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. 10. 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. CL95-19 9. 11. 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 GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his rice for the publication of the Certificate of Substantial P P Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. I II SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 10. 12. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for any purpose in conjunction with the Contract, as follows: Date ....................... To: Mr. W.A. Evans, P.Eng. Director, Public Works Department Municipal Administration Centre Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario. L1C 3A6 Re: Contract No. CL95-19 Dear Sir: I hereby certify that (Name of Contractor) has fulfilled the terms of our agreement and has left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Corporation of the Municipality of Clarington from further obligations. Yours very truly, .................................. Signature Property Owner's Name............................Lot......Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL95-19 11. 13. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 14. HAUL ROADS .. rWhen so required by the Contract Administrator, payment for maintenance and restoration of i haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. 15. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL95-19 12. 16. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry of Transportation's District Office. Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. 17. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the "Manual of Uniform Traffic Control Devices", Division S. As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: i jSitu Nutnbear Sfgn Message NuXnher R+ ttirecl TC1 CONSTRUCTION (AHEAD) 2 TC-7t ROAD CLOSED 3 TC-8t LOCAL TRAFFIC ONLY 2 TC-41A CONSTRUCTION ZONE BEGINS 3 TC-41B CONSTRUCTION ZONE ENDS 3 Traffic controls shall be operational before work affecting traffic begins. 18. MAINTENANCE OF TRAFFIC Lambs Road shall be closed to all traffic at the construction site for the duration of the contract. Access to homes on the south side of the bridge site shall be maintained at all times from the South.Road closure signs shall be erected at Concession Road No. 3 and 4. No deviation from the above procedure will be allowed except with the approval of the Engineer. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 13. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road restrictions at least 24 hours in advance of such restrictions and to notify these same authorities when lane reductions are no longer in effect. It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of one week in advance of such closure. The newspaper advertisement shall indicate the date of closing of the roadway and the length of time for which the road will be closed. This advertising is in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above. The Contractor shall also be responsible for all signing of detour routes. I 19. 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. 20. ENGINEERING FIELD OFFICE The Contractor, shall, at no additional expense to the Authority, supply an office for the exclusive use of the Contract Administrator. This office shall be located as directed by the Engineer, but in no case shall be more than one kilometre from the Contract limit. The Contract Administrator's office shall have a minimum of 17 m2 of floor area, with a clear ceiling height of not less than 2.3 m, weatherproof, insulated walls and roof and a tight wooden floor raised at least 0.3 in clear of the ground. The office shall be fitted with a minimum of two glazed windows, both of which can be opened and are fitted with screens. The door shall have a reliable lock, all keys for which shall be in the care of the Contract Administrator. The Contractor shall supply electric light, and heat when required, to the Contract Administrator's satisfaction and shall furnish the office with a minimum of one desk, one drafting table, two chairs, two drafting stools, one filing cabinet and a broom. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 14. Where the Contractor elects to supply a combination office for the use of the Contract Administrator and his own staff, the minimum requirements for the Contract Administrator's accommodation as outlined shall be met. In addition, separate outside access for each office shall be provided and the Contract Administrator's office shall be partitioned off from that of the Contractor, on the inside. Any inside connecting door between the two offices shall be fitted with a lock or closer on the Contract Administrator's side. Where the field office is situated remote from a built-up area and where alternate toilet facilities are not available, the Contractor shall also supply an acceptable chemical or equivalent dry toilet, in a location convenient to the Contract Administrator's office. The field office and other facilities shall be provided at the site within 14 days of the Date of Notification to Commence Work or on the date of the Contractor's actual commencement of work, whichever date occurs first, and shall remain at the site, if the Contract Administrator so requires, for a period of up to two months after the completed work is accepted by the Authority. With the office the Contractor shall also include the supply of an OKI Model 710 portable cellular phone complete with carrying case as supplied by Rogers Cantel or approved equal, complete with batteries, charger, cigarette lighter adapter and operations manual, for the use of the Contract Administrator. Any alternate model must have the same features as those on the noted model and must be approved by the Contract Administrator. The phone shall remain with the Contract Administrator for the duration of the work. The Contractor shall make all necessary applications and pay all charges and fees related to the Cellular phone. Failure to supply a cellular phone may result in the Contract Administrator renting a phone and charging all costs incurred back to the Contractor. For the purpose of this tender, bidders shall assume an average monthly cost of$300.00 for air time and long distance calls. The Contractor shall not be entitled to extra compensation nor shall he be asked for a credit should the actual usage charges differ from this amount. 21. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL (1) Scope This special provision defines the requirements for management and disposal of excess aggregate, rock, earth, swamp material, bituminous pavement, portland cement concrete, masonry, manufactured wood materials, natural wood materials, debris from open burning, and fabricated metal and plastic products. These requirements are in addition to those specified elsewhere in the Contract and do not relieve the Contractor of obligations imposed by the Contractor's Certificate of Approval for a Waste Management System. (2) Definitions SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 15. Bituminous pavement: means any combination of asphaltic material and aggregate. Construction area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. Disposable fill: means excess material that is not disposed of at a certified disposal site, and that is disposed of as fill, other than in embankments. Earth: means earth as defined in OPSS 206, excluding any material not classified as soil. Excess material: means aggregate, rock, earth, swamp material, bituminous pavement, portland cement concrete, masonry, manufactured wood materials, natural wood materials, debris from open burning, and fabricated metal and plastic products that result from construction specified in the Contract and for which neither disposal nor use is elsewhere directed in the Contract. Fabricated metal and plastic products: means metal and plastic products such as culverts, fence materials, and guide rails, but does not include containers, other packaging materials, storage tanks, septic tanks, and ancillary equipment associated with sanitary sewage systems, septic systems, and fuel/lubricant dispensing and storage systems. Manufactured wood: means wood that is not entirely natural wood. — Masonry: means clay brick and associated mortar. Natural wood: means stumps, trunks, branches, and debris from tree and shrub removal, and wood products that are not treated, coated or glued. Portland cement concrete: means concrete produced with portland cement, and includes concrete mixtures with portland cement, blended hydraulic cement, supplementary cement materials, spent debris and silica sand abrasive blasting media from abrasive cleaning of concrete and reinforcing steel, and can include embedded steel. Re-use: means utilization, processing or re-processing of excess material into a construction material or other useful product, and disposal by these means, and includes stockpiling for re- use. Rock: means rock as defined in OPSS 206. Swamp material: means swamp material as defined in OPSS 209, excluding any material not classified as muskeg. Waste: means excess material that is not managed by re-use, open burnin g, or as disposable fill. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 16. (3) Submission and Notification Requirements 3.1 Notification of Site Selection and Property Owner Release Written permission shall be obtained from the Owner of property that is not owned by the Authority or designated for use in this Contract, prior to its use for any of the following: (a) Stockpiling for re-use. (b) Stockpiling for disposable fill. (c) Management as disposable fill. A copy of this permission shall be provided to the Contract Administrator a minimum of two weeks prior to commencement of such work. Upon completion of such work, a copy of a Property Owner's Release as set out elsewhere in the Contract shall be supplied to the Contract Administrator. 3.2 Notification to Ministry of the Environment Prior to commencement, written notification of the location(s) of the following shall be provided to the Ministry of the Environment (MOE): (a) Management of bituminous pavement and portland cement concrete as disposable fill outside the road allowance, right-of-way, or other Authority property, and (b) Open burning. In the event that MOE has concerns with the above location(s), further notification shall be provided until MOEE concerns are addressed. The MOEE Office to be notified is located at: 7 Overlea Boulevard, Toronto, Ontario. M4H 1A8. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks prior to the commencement of such work. 3.3 Submission of Certificate of Approval Where Section 4.5 of this special provision requires a Certificate of Approval for a Waste Management System, a copy of the Certificate shall be supplied to the Engineer prior to transporting excess material from the construction area. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 17. (4) Conditions for Management of Excess Material 4.1 General Except as otherwise specified in the Contract, excess material shall be managed by one or a combination of the following: (a) Re-use. (b) Disposable fill. (c) Open burning. (d) Disposal as waste. It is the Contractor's responsibility to obtain any approvals and agreements, either directly or in response to notification as specified in Section 3 above, that are required to implement the Contractor's strategy for the management of excess material. 4.2 Conditions on Management by Re-use I Management by re-use for incorporation into the work shall be as permitted in the Contract. Management by re-use shall otherwise be outside the road allowance or right-of-way. Management by re-use for both incorporation into the work and other re-use shall be subject to the following conditions: Except where used in base, sub-base, shouldering material or recycled hot mix, excess material consisting of bituminous pavement that is managed by re-use shall be placed: (a) A minimum of 30 in from bodies of water and watercourses, excluding ditches with "V" bottoms; (b) A minimum of 100 m from any water wells. Except for cutting for construction purposes, excess material consisting of manufactured wood shall not be reprocessed or further processed. 4.3 Conditions on Management as Disposable Fill Management as disposable fill within the road allowance, right-of-way, and on other property designated in the Contract shall be specified in the Contract. Management as disposable fill shall otherwise be outside the road allowance or right-of-way and shall be subject to the following conditions: Swamp material, bituminous pavement, portland cement concrete, masonry, natural wood, and debris from open burning that are managed as disposable fill shall be placed: (a) A minimum of 30 m from bodies of water and watercourses, excluding ditches with "V" bottoms. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 18. (b) A minimum of 100 in from any water wells. (c) A minimum of 100 m from individual dwellings and a minimum of 460 in from residential development, and (d) A minimum of 2 in above the level of the groundwater. Bituminous pavement, portland cement concrete, masonry, natural wood, and debris from open burning, that are managed as disposable fill shall be covered by a minimum of 100 mm of earth or topsoil. 4.4 Conditions on Management by Open Burning Management by open burning shall be subject to the following conditions: Open burning shall be limited to natural wood, confined to daylight hours, and tended at all times. Open fires shall be located within the construction area only, no closer than 150 m to any Y dwelling, and shall be conducted in a manner that prevents odour, excessive smoke, or other material discomfort to nearby recipients, and prevents any decrease in visibility on any highway. Open fires shall not be started on days of adverse weather such as rain, fog, or other conditions that prevent the ready dispersion of smoke. During the fire season this condition may be exempted in the fire zone, provided there are no dwellings within 600 m. Debris from open fires shall be managed in compliance with Section 4.3, or Section 4.5 of this special provision. 4.5 Conditions on Management by Disposal as Waste Waste shall be managed as non-hazardous solid industrial waste or commercial waste. Management by disposal as waste be subject to the following conditions: Waste shall be transported from the construction site to a site that has a Certificate of Approval for a Waste Disposal Site that is valid for non-hazardous solid industrial or commercial waste. Waste may be transported by a hauler who is engaged in other work on the Contract, without a Certificate of Approval for a Waste Management System, provided the waste is transported from the work area directly to the disposal site. Waste shall otherwise be transported by a hauler with a Certificate of Approval for a Waste Management System that is valid for the following: (a) The entire period of the work. (b) The entire area within the limits of the work and the entire haul route. (c) The equipment to be utilized; and SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL95-19 19. (d) Non-hazardous solid industrial or commercial waste. (5) Basis of Payment Payment for the management and disposal of excess material shall be deemed to be included in the tender items requiring such management and disposal, and shall include all costs associated with acquiring approvals, releases and agreements. 22. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. Designated Substance Identified on this;Site Location Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No i Isocynates No Lead No Mercury No Silica No Vinyl Chloride No It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 20. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario. M4H 1A8, of the location(s)proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. 23. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) I Reporting Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 24. 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. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 21. 25. 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. 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. 26. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. 27. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. Garbage pick-up is handled by BFI Disposal, McKnight Road, Courtice at 905433-5075. Recyclable material is handled by Miller Waste Systems at 905-475-6356. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL95-19 22. 28. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 29. CONCRETE MIX DESIGNS The Contractor shall be responsible for the concrete mix design except for low slump concrete overlays and latex modified concrete overlays which the Authority will design, and for providing concrete of the specified properties. Concrete shall conform to the requirements of OPSS 1350 except as noted below: — (1) Sub-section 1350.07.07.01 is deleted and replaced by the following: 1350.07.07.01 Contractor Designed Mix Mix proportions shall be selected in accordance with A.C.I. Standard 211.8-81 "Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concretes" and the requirements of this special provision. The values given in Table 5.3.6 of the A.C.I. standard for the determination of the volume of coarse aggregate in the concrete mix shall be increased by not less than 10 percent except where the concrete is deposited using a pump. At least three weeks prior to the placement of concrete the Contractor shall submit to the Contract Administrator a statement indicating the source of coarse and fine aggregate to be used,in the concrete work. The mix proportions, for each class of concrete, shall be submitted to the Contract Administrator at least seven days prior to the placement of concrete. They shall be submitted in the standard Form PH-CC-433. Contractor Designed Concrete Mix Mix Proportions shall be expressed as follows: (i) Portland Cement - Type, Source and Content in kilograms per cubic SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 23. metre of concrete. (ii) Cementitious - Percent Slag, Source and Content in Hydraulic Slag kilograms per cubic metre of concrete. (iii) Coarse Aggregate - Nominal maximum size, Relative Density (Dry) Source, Content in kilograms per cubic metre of concrete and Dry Rodded Density in kilograms per cubic metre of concrete. (iv) Fine Aggregate - Fineness Modulus, Relative Density (Dry), Source and Content in kilograms per cubic metre of concrete. (v) Water - Content in kilograms per cubic metre of concrete. (vi) Chemical - Source, Type and Dosage per 100 Admixture kilograms cement. (vii) Air Entraining - Source and Type. Admixture — Mix proportions shall be based on an aggregate in an oven dry condition. (2) Sub-section 1350.08.01.02 is deleted and replaced by the following: 1350.08.01.02 Sampling of Mix Design Materials For Contractor designed mixed samples of acceptable aggregates, cement, water, chemical admixtures and air entraining admixtures representative of the materials to be used in the work shall be provided to the Contract Administrator when requested at the time the proposed mix proportions are submitted to the Authority. (3) Sub-section 1350.07.07.03, Part (b), is deleted and replaced by the following: 1350.07.07.03 High Strength Concrete (b) Contractor Design Mix The proposed mix proportions shall meet the requirements of revised Sub-section 1350.07.07.01 above and in addition shall be tested in a full size field trial batch of concrete. When the concrete is mixed within a ready mixed truck, the size of the trial batch shall be that volume of concrete normally mixed in the truck. When the Contractor elects to use a source of ready mix concrete, the trial batch of concrete shall originate from the same plant that will be used for the supply of high SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 24. s tr ength co ncr ete and t he trial batc h shall be delivered to the site of the work and tested. Where access to the site of the work is not possible the Contract Administrator ' will designate a suitable location for testing. The testing of the field trial batch of concrete shall be the responsibility of the Contractor. Strength test data from the field trial batch shall consist of at least one set of standard cylinders tested at 7 days and one set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag the strength test data shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. When approved by the Contract Administrator, the concrete from the trial batch may be incorporated into parts of the structure. Basis of Payment — All costs for the above work shall be included in the contract price for the appropriate concrete item(s). 30. TREE PROTECTION General Constraints/Requirements Protection from the Contractor's operations of trees not designed for removal shall be ensured by, but not restricted to, the following: The Contractor shall ensure that his operations do not cause flooding or sediment deposition on areas where trees not designated for removal are located. Unless the contract requires work within the dripline of trees not designated for removal, equipment shall not be operated within that dripline area. When the Contract requires work within the dripline of trees not designated for removal, operation of equipment within the dripline area shall be kept to the minimum necessary to perform work required. Equipment or vehicles shall not be parked, repaired or refuelled, construction materials shall not be stored, and earth materials shall not be stockpiled within the dripline area of any tree not designated for removal. Tree Repair Work Repair work to trees not designated for removal shall be performed in accordance with approved horticultural practice as follows: SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 25. Bark that is damaged by the Contractor's operations shall be neatly trimmed back to uninjured bark, without causing further injury, within five calendar days of damage. Branches 25 mm or larger in diameter that are broken by the Contractor's operations, shall be cut back to a neat surface within five calendar days of breakage; branches to be removed completely shall be set back to within 10 mm of their bases. Roots 25 mm or larger in diameter that are exposed by the Contractor's operations shall be cut ' back cleanly to the soil surface within five calendar days of exposure. Basis of Payment Compensation for all costs associated with the above work shall be deemed to be included in the Contract prices for the various tender items of the Contract. No additional payment will be made. The dripline of a tree shall be considered to be the ground surface directly beneath the tips of its outermost branches. 31. 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 G, 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. 32. AMENDMENT TO OPSS 102 Scale Accuracy Section 102.08.01 of OPSS 102 is amended by the addition of the following: Scale accuracy tolerances and Limits of Error are defined as follows: SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 26. SCALE ACCURACY TOLERANCES FOR PERFORMANCE TESTS LIMITS OF ERROR ACCEPTANCE IN-SERVICE 30 DAYS AFTER REPAIR PORTABLE SCALE 0.15% 0.20% 0.15% PERMANENT SCALE 0.075% 0.1% 0.075% % OF INDICATED LOAD Notes: - "Indicated" load refers to the weight of the vehicle used in conducting the performance test when measured at the centre of the platform. - "Acceptance" Limits of Error are used for the original approval of the design of the device or at the time of its first use in trade and for 30 days after the device has undergone repairs. 33. 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. 34. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract the designated testing laboratory is 300 Water Street, Whitby, Ontario, ' L1N 9J2. 35. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario ' SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL95-19 27. ' Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation ' of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. 36. REVIEW OF SHOP/WORKING DRAWINGS ' For the portions of the work to be done under this Contract where detail drawings are to be supplied by the Contractor, six (6) copies of same, together with specifications, plus such additional copies as the Contractor and his subcontractors may require, shall be submitted to the ' Contract Administrator for review. The Contractor or his Subcontractor shall check and initial all shop drawings before submission to the Contract Administrator so as to intercept and correct any major errors or omissions. Shop drawings will not be reviewed by the Contract Administrator unless they have been previously checked by the Contractor. The review by the Contract Administrator is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Contract Administrator approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting ' all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for ' information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. Work which relates to the shop drawings shall not be carried out before the Contract Administrator's review of the shop drawings is complete. ' 37. AMENDMENT TO OPSS 1301 Section 1301.01 "Scope" of OPSS 1301 is deleted and replaced with the following: The specification covers the requirements for Portland cements, blended hydraulic cements and supplementary cementing materials together with the method of sampling, testing, delivery, handling and storage, prior to proportioning. The following types of cementing materials are covered by this specification: ' SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 28. Portland Cements: Type 10 - Normal ' - Intermediate Grind Type 20 - Moderate Type 30 - High Early - Strength ' Type 40 - Low Heat of Hydration Type 50 - Sulphate Resistant Blended Hydraulic Cements: Type 10-S - Portland Blast Furnace Slag Cement Type 10-SM - Slag-Modified Portland Cement Type 10-P - Portland Pozzolan Cement ' Supplementary Cementing Materials: Slag - Type G - Ground Granulated Blast Furnace Slag Fly Ash Type F Fly Ash normally produced from burning anthracite or bituminous coal ' - Type C - Fly Ash normally produced from burning lignite or sub- bituminous coal Section 1301.01 "References" of OPSS 1301 is amended by the deletion of the reference to CSA Standard "A363-M83 Cementitious Hydraulic Slab". ' Sub-Section 1301.05.01 "Physical and Chemical Requirements" of OPSS 1301 is amended by deleting the first paragraph and replacing it with the following: Except as modified herein, cementing materials shall conform to the physical and chemical ' requirements of CAN3-A5, CAN3-A362 or CAN-A23.5 depending on the cementing material type used. Fly ash and ground granulated blast furnace slag shall also conform to the ' supplementary optional chemical and physical requirements of CAN3-A23.5 with the exception of the requirements for "Re-activity with Cement Alkalies". I II ' SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL95-19 29. ' 38. USE OF GROUND GRANULATED BLAST-FURNACE SLAG ' For concrete used in this contract, the requirements of OPSS 1350 shall apply except that the cement shall conform to the following: Where normal Portland Cement (Type 10) is specified, it may be replaced by a blend of Normal Portland Cement and ground granulated blast-furnace slag (referred to in this special provision as slag). Slag material shall comply with the requirement of OPSS 1301. ' 1. For concrete other than as specified in Items 2, 3 and 4 below, slag may be used as a replacement for up to 25% by mass of the quantity of portland cement. ' 2. For precast reinforced concrete catchbasins, manholes and ditch inlets, slag may be used according to the requirements of Subsection 1351.05.02 of OPSS 1351. 3. For concrete pipe, slag may be used according to the requirements of Section 1820.05 of OPSS 1820. i ' 4. For lean concrete base, slab is not acceptable. 5. Mix designs using slag in cement shall be the responsibility of the Contractor according to the requirements of OPSS 1350. The Contractor shall produce satisfactory test date for 3 q P rY day, 7 day and 28 day compressive tests from either a laboratory test program or a field trial batch. 6. Concrete batching plants will be required to have a separate storage facility for slag and the slag shall be weighed separately from the portland cement. In the concrete materials weighing process the portland cement shall be weighed prior to the slag. Slag may be ' weighed on the same scale as the portland cement. The Authority will not specify the use of slag in any work; the choice will be that of the Contractor. Under most conditions the early strength gain of concrete containing slag in cement will be ' slower than that of concrete containing only Type 10 Portland Cement. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL95-19 I SPECIAL PROVISIONS - TENDER ITEMS 13Rairntvc PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL95-19 SECTION 1 - ROADWORKS: ' EARTH EXCAVATION (GRADING) - ITEM NO. 2 Payment under this Item shall include for the following work: Removal and disposal of bituminous material including sawcutting as required at the limits of construction and the removal of asphalt on private entrances. ' a Proof rolling of subgrade. ' Of the total excavation volume of 1,800 m3 approximately 800 m3 is required for use as fill material and the balance of 1,000 m3 shall be disposed of off the site of the works at a location arranged for by the Contractor. t HOT MIX H.L.4 - ITEM NO. 4 ' Asphalt shall be penetration grade 85/100. Existing paved and gravel entrances shall be restored with 50 mm depth of H.L.4 to match existing grade, at limits shown on the drawings. Boulevard shall be paved with 50 mm of asphalt. Payment shall also be made under this Item for the construction of asphalt spillway. GRANULAR `A' AND GRANULAR IBI TYPE 1 -ITEM NOS. 4 AND 5 Payment shall also be made under these items for the supply, placing and compacting of Granular `A' and Granular `B' Type 1 in private entrances, shoulders and boulevards. The following construction standards shall apply. Private entrances shall be restored with 200 mm of Granular W. Boulevard shall be constructed with 150 mm of Granular `A' and 300 nun of Granular `B', Type 1. CONCRETE CURB AND GUTTER -ITEM NO. 6 ' The unit price under this Item shall include for construction of 90° gutter outlet at Sta. 1+090 approximately. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 2. CULVERTS - ITEM NOS. 7 AND 8 ' All culverts shall be plain galvanized, 1.3 mm gauge and constructed with Type 1 bedding. Backfill and cover shall be Granular `B', Type 1 paid for under Item No. 5. ' The unit prices bid will include for any minor ditch grading required to provide satisfactory inlet and outlet flow conditions at each culvert. REMOVE AND RELOCATE GATE - ITEM NO. 13 Payment shall be made under this Item for the removal and salvage of farm gate at Sta. 1+185 on the west side of the roadway. The lump sum bid shall included for all additional hardware as required to rehang the gate. ' Removal of existing fencing and construction of brace panels associated with the installation of the gate at the new location will be paid for under item Nos. 12 and 15 respectively. TOPSOIL AND SEEDING - ITEM NO. 19 ' Payment shall be made under this Item for the supply and placing of a minimum depth of 100 mm of soil and seeding with Type 1 seed. ' ROCK CHECK DAMS - ITEM NO. 20 The Contractor shall supply and install rock check dams at the locations indicated and in accordance ' with details shown on the Contract drawings, and as directed by the Engineer. Rock check dams shall normally be required in ditchlines as soon as rough grading is complete. Cleaning of the check dams shall be performed by the Contractor and payment for cleaning, hauling and disposing of the sediment shall be included in the unit price bid for this Item. Sediments shall be removed once they reach one-half the depth of the check dam, or at the direction of the Engineer. The material removed shall be disposed of outside the right-of-way in accordance, unless otherwise approved by the Contract Administrator. ' Rock, filter cloth and any accumulated sediments shall be removed at the direction of the Contract Administrator and disposed of off the site. This will normally be required once permanent ground- cover is established. The site shall be graded to conform to surrounding contours without damaging ground round cover. J The Contractor shall be paid 50% of the unit price for construction and 25% each for maintenance and removal. i 1 ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 3. SILT FENCE - ITEM NO. 21 The Contractor shall, prior to commencing work on the site, supply and install silt control fences at the location indicated on the Drawings. The Contractor will be responsible for the installation and maintenance of the silt fence within the contract limits. Silt fence beyond the contract limits will be ' supplied and maintained by the Authority. If necessary, the Contractor will be required to supply and install additional silt control fences at locations as directed by the Contract Administrator. Silt control fences shall be installed in accordance with detail drawings (or approved equal) to prevent sedimentation from the construction area entering the adjacent property and/or waterways. Any accumulated sediment shall be removed at the direction of the Contract Administrator and be ' disposed of off the site. The silt control fences shall be left in place after completion of the Contract, and will be maintained until the seeding and mulching has been completed and growth has been successfully established in revegetated and seeded areas, and all other construction has been completed. The Contractor shall be paid 50% of the unit price for construction and 25% each for maintenance ' and removal. SECTION 2 - STRUCTURE 1 REMOVAL AND DISPOSAL OF EXISTING STRUCTURE -ITEM NO. 22 Under this Item and for the Contract price, the Contractor shall demolish and completely remove the existing structure and shall perform all the necessary excavation, unless provided otherwise in the Tender, to accommodate the construction of the new structure, including backfill, frost tapers, and ' rock protection, as directed by the Engineer. Any over excavation shall be backfilled with approved materials and compacted, at the Contractor's expense and as directed by the Engineer. ' Under this Item and for the Contract price, the Contractor shall also perform all the necessary excavation and/or fill in the channel as required to provide proper hydraulic flow conditions at the structure site to the satisfaction of the Engineer. The surrounding area shall upon completion of the work be graded and trimmed in a manner satisfactory to the Engineer and the Authority. Under this Item and for the Contract price, the Contractor shall also remove the existing retaining wall and footing in the south-east quadrant of the site to accommodate the construction of the new structure, as shown on the Drawing and as directed by the Engineer. The Contractor shall sawcut the existing concrete stem full depth at the limits of removal. The Contractor shall take all necessary precautions to prevent any debris from falling into the Soper Creek. Any material which falls into the creek shall be located and removed. The Contractor shall observe all safety laws and regulations in carrying out the work of this Item. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 4. All removals from the existing structure, shall remain the property of the Contractor to be disposed of by the Contractor off the limits of the Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Engineer. Blasting will not be permitted for any work under this Item unless approved in writing by the Engineer. Work under this Item shall not commence without prior approval in writing from the Engineer. UNWATERING STRUCTURE EXCAVATIONS - ITEM NO. 23 Under this Item and for the Contract price, the Contractor shall carry out all work, as outlined in OPSS 902, to ensure that all concrete and granular material is placed in the dry. Discharge points of all pumps utilized in unwatering the work and removing sediments from the sediment traps shall be located away from the watercourse to permit the natural filtration of the sediments by the soil and vegetation, as directed by the Engineer. The Contractor shall submit six (6) copies of his detailed drawings and specifications for his ro osed P P method of unwatering for the Engineer's review. The Contractor shall be wholly responsible for the adequacy of his method of unwatering. The Contractor is advised that all unwatering schemes shall be subject to review by the Ministry of Natural Resources, the Central Lake Ontario Conservation Authority, and the Engineer. ' EARTH EXCAVATION FOR STRUCTURE FOUNDATIONS - ITEM NO. 24 Under this Item and for the Contract unit price the Contractor shall excavate earth material for the structure foundations, as shown on the Drawings and as directed by the Engineer. Measurement for earth excavation for structure foundations will include only those quantities as measured within the neat plan dimensions of the footings, below the top of the footings, as shown on the Drawings. The contract prices bid for the other applicable structure items included in the Tender will be full compensation for all other excavation which may be required for the structure, including excavation necessary to construct granular backfill, frost tapers, and rock protection, as shown on the Drawings and as directed by the Engineer. STEEL SHEET PILES - ITEM NO. 26 For the Contract unit price, the Contractor shall supply and drive Casteel CU81 interlocking steel sheet piles or approved equal, to construct the cofferdams for the abutment footings. The Contractor shall be responsible for the supply, storage, handling, moving and proper care of the ' steel sheet piles until placed in the work. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 5. The Contractor shall install the steel sheet piles for the abutment cofferdams to the lines and depths shown on the Drawings, or as revised in the field by the Engineer. The Contractor shall be responsible for establishing the top of pile elevation, above the specified top of footing elevation, as required to accommodate his dewatering operations. Sheet piles shall be driven according to approved methods of driving practice and as specified by the hammer manufacturer. The Contractor shall drive the sheet piles to refusal on bedrock as shown on the Drawings, or as directed by the Engineer in the field. The Contract unit price shall include cutting off the tops of the sheet piles to the elevation shown on the Drawings. All sheet pile cut-offs will remain the property of the Contractor. The Contractor shall submit six (6) sets of shop drawings to the Engineer, for review, and as required elsewhere in the Specifications, showing details of design and of his proposed method for construction of the cofferdam, including temporary bracing of the steel sheet piles. No sheet piles shall be placed in position until the method of placing has been approved, in writing, by the Engineer and no concrete shall be placed until the proposed bracing has been similarly approved. Measurement for payment under this Item shall be made in square metres, on the basis of the driving lines and length of steel sheet piles remaining in the completed structure, after the sheet piles have been cut-off at the specified elevations, as shown on the Drawings, or as revised in the field by the Engineer. No payment will be made under this Item for the sheet piling above the top of abutment footing level. Payment for such quantities of sheeting, which do not form part of the completed structure, shall be considered to be included under the Item `Unwatering Structure Excavations'. CONCRETE IN ABUTMENTS AND WINGWALLS - ITEM NO. 28 Payment for this Item, at the Contract price shall include: a) The concrete in the retaining wall stem in the south-east quadrant of the structure. b) The supply and installation of all joint filler, flexcell, caulking, PVC waterstop, wall drains, etc., and similar items as indicated on the Drawings, and as required to complete the structure. c) The treatment of the abutment bearing seats as specified on the Drawings. d) The supply and placing of the Date and Site Figures as shown on the Contract Drawings. ' PRESTRESSED CONCRETE VOIDED SLABS (SIV-1220) - ITEM NO. 29 For the Contract price under this Item, the Contractor shall provide for the supply, fabrication, delivery and erection of the prestressed voided slabs. All reinforcing steel, deck drains, etc. embedded in the voided slabs shall be supplied and placed by the prestressed voided slab manufacturer. The Contractor shall core drill the concrete abutment bearing seats and supply and grout in dowels as shown on the Drawings. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 6. The Contractor shall provide for grouting the chases and holes for h p g g the transverse prestressing and the shear keys between the prestressed voided slabs. The grout shall be an approved non-shrink grout capable of transferring all loads 12 hours after application. The Contractor shall also provide for transverse prestressing as shown on the Drawings, including materials. Anchorages shall be capable of developing the ultimate strength of attached steel elements without excessive deformation. The material shall be approved by the Engineer. Alternate systems may be used for transverse ties if approved by the Engineer. Prestressina Steel Prestressing steel shall be Low-Relaxation seven wire strand, size designation 13, Grade 1860, and shall meet the requirements of CSA Standard G279-M 1982. Minimum Breaking Strength of Strand 183.7 kN Nominal Steel Areas of Strand 99 mm2 Nominal Linear Mass 0.775 kg/m Transporting The contractor's attention is drawn to the provisions of the Highway Traffic Act regarding dimensions and weights of vehicles. When it is planned to make delivery by highway transport, the Contractor must contact the Ministry of Transportation prior to submitting his bid, to ensure that the hauling operation will comply with the regulations. If delivery cannot be made by highway transport, then some other means of transportation must be arranged and no additional payment will be made for such arrangement. Grout for Transverse Prestressins Grout shall consist of high early strength cement, water and admixtures. The cement shall conform with the requirements of OPSS 1301, the water shall conform with the requirements of OPSS 1302, and the admixtures shall conform with the requirements of OPSS 1303. The admixtures to be used shall be a Type III admixture together with an expanding agent. These admixtures may be supplied separately or they may be combined in one product. The compressive strength of the grout shall be not less than 20 MPa at 7 days and 40 MPa at 28 days, determined on 50 mm cubes, stored and tested in accordance with ASTM Specification C-109-80. All materials shall be supplied by the Contractor. Representative samples of the cement and admixtures shall be submitted to the Engineer, for approval, at least 14 days prior to their anticipated use. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 7. Subsection 909.05.06 of OPSS 909, shall be amended by deleting the third paragraph and substituting the following: The maximum water cement ratio of the grout shall be 0.55 and the required amount of admixtures will be determined by the Engineer. Dowels All dowel inserts shall be capable of developing the full strength of the dowels. Bearing Pads Bridge bearing pads shall be the steel laminated elastomeric bearings, meeting the material requirements of OPSS 1202, and the structural requirements indicated on the Drawings, and in accordance with the manufacturer's recommendations. All bearing pads shall be supplied by the Contractor. Alternate types of bearing pads may be used provided they are approved in writing by the Engineer, prior to submission of tenders. Strand Treatment at End of Voided Slab Prior to placing concrete, the strands at the ends of the voided slabs shall be encased in closed cell split polyethylene prismoid inserts. The prismoid inserts shall be 25 mm deep with a base diameter of 45 mm tapering to 35 mm at the end of the girder. After transfer, the inserts and strands shall be removed to the back of the recess with an oxygen fed hollow stemmed thermic lance. The recess shall be wire-brushed, air-blasted and filled with non-shrink grout. Air Content of Concrete Subsection 909.05.01 of OPSS 909, September 1988, is amended in that concrete shall conform to OPSS 1350, December 1983, except that for prestressed members, Clause 1350.05.02.02 of OPSS 1350 is deleted and replaced with the following: The air void system in the hardened concrete, when tested in accordance with ASTM C457, Microscopical Determination of Air-Void Content and Parameter of the Air-Void System in Hardened Concrete, shall be: Air Content Percent 4.0 + 1.0 Spacing Factor 0.2 mm maximum Specific Surface 25.0 mm' minimum SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 8. CONCRETE IN DECK TOPPING, SIDEWALK AND CURB - ITEM NO. 30 The Contractor shall use an Allen Razorback Vibrating Screed, or approved equal finishing machine. The concrete shall be deposited and compacted at a rate sufficient to ensure a uniform finish. The method used to deliver concrete to the work shall be such that essentially the same conditions will be produced in the vicinity of concrete placement. The machine, and-the concrete surface between the points at which the concrete is struck off and the final hand floating is carried out, shall be protected from wind. A burlap drag shall be moved longitudinally along the concrete surface to produce the required texture, as approved by the Engineer. All concrete shall be cured by wet burlap. Clause 904.07.07.02 of OPSS 904 is amended by the addition of the following: Screed rails and the supports for the screed rails shall not be removed until the concrete has hardened sufficiently to withstand the weight of workmen and equipment used to remove them without marring the surface of the concrete. Any part of the screed rail supports which remains in the deck shall have a minimum of 100 mm of concrete cover above it. Immediately prior to filling, the holes which are left in the deck by the removal of the screed supports shall be thoroughly cleaned of all foreign substances. The holes shall then be sandblasted or enlarged by reaming and filled with an approved non-shrink grout. The work of cleaning and filling the holes shall be completed between 48 hours and 96 hours after the removal of the screed rail supports. The grouted holes and adjacent surfaces shall conform to clause 904.07.07.04. Payment for this Item at the Contract price shall include: a) The sidewalk and curb on the deck. b) The supply of all styrofoam, flexcell, expanded polystyrene, PVC waterstops, caulking, and clamps, seals, etc. as required to complete the structure. c) The supply and placing of the two 2 mm thick compressed synthetic sheet gaskets on the top of the ballast walls. The material shall be Sea-Ro CSG-2, as manufactured by the Sea-Ro Packing Company Inc., Woodrich, NJ, or approved equal. CONCRETE IN PARAPET WALLS - ITEM NO. 31 Under this Item, the Contractor shall provide One Thousand Dollars ($1,000.00) as a cash allowance for the purchase of a plaque to be mounted on the south-east end post of the parapet wall. Plaque details and location shall be subject to the Engineer's approval. The Contractor shall provide for installation of the plaque. In the event the plaque is not required, the cash allowance will be deducted from this Item. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 9, Payment for this Item at the Contract price will include the placing of the anchors for the steel parapet rails and for the guiderails and channels, and the supply and placing of all evazote, flexcell, caulking, etc., as shown on the Contract Drawings. Anchors will be supplied under Item 'Steel Parapet Rails'. Subsection 904.05.03 of OPSS 904 is deleted and replaced by the following: Formwork and falsework shall conform to the requirements of OPSS 919, December 1984, except that subsection 919.05.06, Accessories, is amended by the addition of the following: All wire and form ties left in place in a barrier wall or parapet wall shall be galvanized, coated with an acceptable material or be non-corrodible. CONCRETE IN APPROACH SLABS - ITEM NO. 32 The Contract rice bid under this Item shall include the sidewalk and curb on the approach slabs. P PP The work to be done under this Item shall also include the supply and installation of a 13 mm bituminous joint filler between the approach slabs and the wingwalls as shown on the Drawings. The Contractor shall also provide for the-two 2 mm thick compressed synthetic sheet gaskets on the approach slab haunches, the 40 mm expanded polystyrene between the approach slab and abutment haunch, and the 50 mm expanded polystyrene between the approach slab and the ballast wall, all as shown on the Drawings. The compressed synthetic sheet gaskets shall be Sea-Ro CSG-2 as manufactured by the Sea-Ro Packing Company Inc., Woodrich, NJ, or approved equal. Prior to placing concrete in the approach slabs, the Contractor shall provide and lay a polyethylene film moisture vapour barrier over the full width between the side forms. Joints in the polyethylene shall be lapped at least 100 mm and it shall be maintained in an undisturbed condition throughout concrete placement. The polyethylene film shall have a thickness of at least 50 um and shall otherwise meet the requirements of OPSS 1305. CONCRETE - ITEMS NO. 27, 28, 30, 31 AND 32 Concrete Ouantities The following approximate quantities for the concrete Tender Items listed below are for the Contractor's information only: Item No. 28 - Concrete in Abutments and Wingwalls 126 m3 Item No. 30 Concrete in Deck Topping, Sidewalk and Curb 36 m3 Item No. 31 - Concrete in Parapet Walls 11 m3 Item No. 32 - Concrete in Approach Slabs 34 m3 SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 10. Lump Sum Concrete Items Should the estimated quantities of concrete as shown in the tendering information, for any specific lump sum concrete item, differ by more than 5 percent from the theoretical quantities as determined from the design dimensions of the structure component and where such discrepancy in quantities does not result from a change in design made in accordance with Section GC 3.11 of the General Conditions, then either party to the Contract upon the written request of the other, shall as soon as reasonably possible, negotiate upward or downward, the compensation for that portion of the concrete which is in excess of or less than the estimated quantity plus or minus the 5 percent increase or decrease. Where a change in quantity results from a change in design made in accordance with Section GC 3.11 of the General Conditions, then either party to the Contract upon the written request of the other, shall as soon as reasonably possible, negotiate a new lump sum price for the Tender Item in question. Curing of Concrete Clause 904.07.02.01 of OPSS 904 is amended in that the second paragraph is deleted and replaced with the following: `The curing procedure to be used shall be restricted to the use of burlap and water only'. Payment for the above items, whether by lump sum or by the cubic metre, shall be full compensation for all labour, materials and equipment necessary to cure all concrete with burlap and water in accordance with OPSS 904. Shipping of Concrete Test Cylinders In addition to the requirements of OPSS 904.10, payment whether by the lump sum or by the cubic metre, will include compensation for shipping concrete test cylinders to the location designated by the Engineer. Aggregate Sources Only those sources listed on the Aggregate Sources List for Concrete shall be used; sources that are not shown on this list may be accepted by the Engineer after samples have been tested and have met the current physical requirements and the alkali reactivity requirements of OPSS 1002. Air Content of Concrete Table II, Air Content, of Clause 1350.05.02.02 of OPSS 1350 is amended in that the percentage of air content in concrete using 19 mm (max. size) coarse aggregate shall be 7.0% ± 1.5%, for concrete placed in the sidewalk, curb and parapet walls. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 11. Slump Clause 1350.05.02.03 of OPSS 1350 is amended as follows: (1) In Table III, the slump for reinforced or plain concrete in flat sections such as bridge decks, sidewalks, curb and gutter, approach slabs and concrete pavement is deleted and replaced by 70 mm. (2) The paragraph following the sub-heading Tolerances is deleted and replaced by: "The tolerances in consistency of concrete placed in any one structural element as determined by the slump test, shall be within the following applicable ranges;" ±10 mm when the specified slump is less than 70 mm ±20 mm when the specified slump is 70 mm or greater STEEL PARAPET RAILS - ITEM NO. 35 The Contract rice for this Item shall be compensation in full for the supply of all materials P P PP Y , equipment and labour required to complete the steel parapet railing including anchors, posts, and — guiderail and channel anchors, all as shown on the Drawings. The Contractor shall prepare detail shop drawings and submit to the Engineer for review as required elsewhere in the Specifications. Fabrication shall not commence until the shop drawings have been reviewed. GRANULAR BACKFILL TO STRUCTURE - ITEM NO. 36 Under this Item and for the Contract price, the Contractor shall supply, place and compact in accordance with OPSS 501, the Granular 'B' material required for the structure backfill and frost tapers, including sufficient material to backfill the retaining wall in the south-east quadrant, and the graded stone behind the abutment drains, as shown on the Drawings, and as directed by the Engineer. The extent of the Contract price item for placing granular backfill to the bridge shall be as shown on the Drawings. Where, however, the Contractor has excavated beyond these limits, or has failed to place earth fill up to the lower limits, he shall supply, place and compact, to the satisfaction of the Engineer, either earth or granular material, whichever the Engineer shall direct, as required to fill the resulting excess volume. All costs of supplying and placing such additional material shall be deemed to be included in the Contract price. Water shall be applied to the material to assist compaction, as directed by the Engineer, and shall also be included in the Contract price. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 12. The Contractor shall not be permitted to use other than hand operated vibratory type compaction equipment for compaction of backfill material within the restricted zone behind all earth retaining structures. Restricted Zone a) At Abutments and Retaining Walls: The area within a plane extending from the base of the back face of the wall, where it contacts the footing, upwards at a slope of 1.5 vertical to 1 horizontal. b) At Wingwalls: The area within 1.2 in from the back face of the wall. Hand Operated Vibratory operated vibratory equipment shall have an energy output no greater than 6.7 kilowatts. ROCK PROTECTION - ITEM NO. 37 The work shall be performed in general compliance with the plans, OPSS 511 and as directed by the Engineer, and shall consist of constructing a protective covering of approved rock on the streambanks and approach embankments to the new structure as shown on the Contract Drawings. The Contractor shall supply all materials for this Item. Rock shall be an imported quarry or field stone material; the quality of the rock approved by the Engineer. Rock subject to marked deterioration by water or weather will not be accepted. Class I rock shall fulfil the following gradation requirements: Gradation Limits for Rock Protection Minus 450 mm 95% Maximum Allowable Minus 350 mm 70% Maximum Allowable Minus 300 mm 40% Maximum Allowable Minus 200 mm 10% Placing shall be done in such a manner that the surface of the finished rock protection shall have a uniform appearance and be without segregation. The rock protection shall be 600 mm minimum thickness on the streambanks and approach embankments and shall extend along the streambanks and approach embankments as indicated on the Drawings. The Contract price for the rock protection shall constitute full compensation for the supply of rock, any excavation or trimming required for the bedding of the rock, the supply and placing of the geotextile filter fabric, the hauling and placing of the rock, and all items incidental to the completion of the work in accordance with the Specifications. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL95-19 13. ASPHALT MEMBRANE WATERPROOFING - ITEM NO. 38 Under this Item and for the Contract unit price, the Contractor shall supply all labour, equipment and materials to place asphalt membrane waterproofing on the bridge deck and designated areas of the approach slabs. Waterproofing shall be placed over the deck topping between the curbs, and shall extend onto the approach slabs for 450 mm beyond the construction joint at the ends of the deck topping, as shown on the drawings and as directed by the Engineer. I r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL95-19 STANDARDS i r PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL95-19 STANDARD NO. DESCRIPTION Fig. 1 TYPICAL SECTION Fig. 2 TYPICAL SECTION OPSD- 200.0.1 EARTH GRADING 202.030 EMBANKMENT WIDENING 205.01 TRANSITION TREATMENT 206.01 GRANULAR COURSES 208.01 BENCHING OF EARTH SLOPES 210.01 TANGENT SHOULDERS 216.010 BOULEVARD TREATMENTS 301.01 RURAL ENTRANCES (FILL) 301.02 RURAL ENTRANCES (CUT) 600.06 CONCRETE SEMI-MOUNTABLE GUTTER 604.01 900 CONCRETE OUTLET 605.04 ASPHALT SPILLWAYS 608.01 METHOD OF TERMINATION 802.01 BEDDING FOR PIPE CULVERTS 803.03 BACKFILL FOR PIPE CULVERTS 805.01 SPECIFIED MINIMUM THICKNESS 808.01 PIPES 901.01 HIGHWAY FENCE 902.01 RAIL DETAIL 902.03 ASSEMBLY DETAIL 909.020 S.B.G.R. TREATMENT AT ENTRANCES 910.01 3 CABLE GUIDE RAIL 910.03 CABLE GUIDE RAIL FITTINGS 910.04 CONCRETE ANCHOR BLOCKS 911.010 GUIDE RAIL TRANSITION TREATMENT 911.03 GUIDE RAIL TRANSITION TREATMENT SD- 1 SILT FENCE DETAILS SD- 2 ROCK CHECK DAMS r r' m " it i. ..i m m i mm m m >a mm m WEST OF CONSTRUCTION EAST VAR. VAR. R VAR. 3.25-4.25 3.25-4.25 VAR. SHOULDER SHOULDER i 0.50 f +--6% 2% 2% 69. I % 3% 3% 0.G. 50mm HL4 0.G. 150mm GRAN. 'A' 300mm GRAN. 'B' S.B.G.R. (TYP.) O.P.S.D. - 902.01 & 902.03 OR 3 CABLE GUIDE RAIL O.P.S.D. - 910.01 MUNICIPALITY OF CLARINGTON LAMBS ROAD 0+975 TO 1 +020 1+170 TO 1 +315 TYPICAL SECTION 10026 FIGURE 1 WEST EAST OF CONSTRUCTION VAR. VAR. 1.50m 3.25m 4.25m 2.50m SHOULDER 0.5m 0.5m '�'1 --6% 2%2% 4% 4 � 'Z•� 0 2 0 -- :� � -------- 3% 3% - 50mm HL4 �`���� t I 100mm GRAN. A 0.G. , 200mm GRAN. 'B' f 50mm HL4 O.G. 150mm GRAN. 'A' 300mm GRAN. 'B' C & G OPSD 600.06 MUNICIPALITY OF CLARINGTON LAMBS ROAD 1+020 TO 1+150 TYPICAL SECTION 10026 FIGURE 2 ar mm > m r m - m m m r M M. tiles M mammas M 4.5m min CUT SECTION Note 2 FILL SECTION 1.5 Tmi 1.5 TZ,1.5 Vorl.5 m m w m min n n ; min ' Profile grade Vor 4.5mmin Interceptor 2 Ditch Note 2 I d i tch I 0D l 3'i3:� Original r ` 0 1.5m 1.5m 1.5m g ound ,� min min min 0.25m min 3% 3% ° I ��r-��------------ ------- -- _ _ �� v Ditch E Subgrade 3 ~ o Original ground L0.5 m min � �For subdrain see detail - ----- TANGENT SECTION min m F m min _ min Granular base • —Granular subbase Breakpoint E P —Profile grade Note i ' 50mm min 0.3m f — -- - - ----- - ---- -I- - - - -- min -Pipe, perforated ..— 3% Subgrade A I S 3% min SUBDRAIN DETAIL Original ground Note 3 —_—__ _- (Where applicable ) SUPERELEVATED SECTION NOTES: I Breakpoint is to be located at edge of pavement except when lean B Backslopes: Depth of cut 1.0 m or less - 3: 1 ,over 1.0 m - 2:l. concrete base is to be constructed , then breakpoint will be Depth of cut is the difference in elevation between original located at the edge of the lean concrete base. ground at the brow of cut and bottom of side ditch. 2 Distance is to be 1.5 m minimum when ditch is not required. C All dimensions are in millimetres or metres unless otherwise shown. 3 Driveable paved shoulder subgrade width is established based on top of shoulder slopes and dimensions. A Fill slopes: Height of fill 1.0 m or less - 3:1, over I.0 m - 2: I. Height of fill is the difference in elevation between original ground ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1990 04 02 1 Rev 2 at the toe of slope and the rounding breokpoint, as established on the Date --__— granular courses standard. EARTH /SHALE GRADING UNDIVIDED RURAL 10PSD - 200. 01 a■� M mm I rIMI M r Ml IM M =1 no MI W M Length varies Note 2 A Typical guide Breakpoint in rounding rail system — — ` 4.7 -------- ---- Edge of shoulder <= Direction of traffic 4-JA PLAN OF WIDENED EMBANKMENT TABLE EMBANKMENT WIDENING END TREATMENTS OP SD *• c Steel Beam Guide Rail: o 'o c -with Eccentric Louder 902.0510 o f o o o -buried end treatment 902.05 rn> ano u w a w C m•`- Concrete Barrier 918.030 Widened embankment Box Beam 914.06 Pavement-- Shoulder Varies Width varies— Note 2 TRANSITIONS Typical guide Cable to Steel Beam: rail system -with Eccentric Loader 911.011 67. ' ' ' , 0 -without Eccentric Loader 911.010 r x``31 10;1 or flatter, 3:1 — --------- _ -r-11 _ � Subgrade Granular i b � 0 0 Original ground Note 1 L-��Spe S/ope SECTION A—A NOTES: 1 Existing embankment to be benched conforming to OPSD-208.01. 2 The dimensions for embankment ONTARIO PROVINCIAL STANDARD DRAWING 1993 09 07 Rev widening shall conform to the the rtablete OPSD listed in EMBANKMENT WIDENING SP A All dimensions are in millimetres FOR GUIDE RAIL END TREATMENTS Date _ _ _ _ or metres unless otherwise shown. AND TRANSITIONS OPSD — 202.030 —Original$round line � --_ Profile grade --_ Base and subbase t Subgrade I Umit of eXcovotion --1 Excavate and backfill ------ ------- TRANSVERSE SECTION A—A Original ground line A Profile grade Subgrade ---- Note 2 Excavate and Note 1 ~ 1 backfill _- Transitlon treatment LONGITUDINAL RUNOUT / RUN IN NOTES: LEGEND: 1 Longitudinal runout Y start and finish d — Depth of combined base and subbase courses. points will vary across the transverse section, t — Transition treatment depth, as specified. due to original ground level differences, H _ Thickness of organic, leached and accumulation layers, depth as specified. Profile grade and Subgrade lines apply across the transverse section. Y — Transition length through H, 15m maximum. 2 Taper out of H at 10( t—d ) ONTARIO PROVINCIAL. STANDARD DRAWING Dat 11992 05 01 Rev 1 1 when Y reaches 15m maximum. A All dimensions are in millimetres TRANSITION TREATMENT Date — — — — — — or metres unless otherwise shown. EARTH CUT TO EARTH RLL LO:PSD -- —205.01 Shoulder EP C. EP Shoulder +0.25m I + 0.25m Note I Note I Granular base Profile grade Rounding breakpoint Breakpoint Breakpoint i Rounding breakpoint 3% I 3% - Subgrade Granular subbase TANGENT SECTION Shoulder EP EP Shoulder +0.25 m + 0.25 m Note I Note I Profile grade Rounding breakpoint Breakpoint Breakpoint Rounding breakpoint —3%— - --� ------- —'S 60X0 ./ —3 % Subgrade S—'' 3% min---- NOTES : SUPERELEVATED SECTION I Where steel beam guide rail is indicated, the distance from edge of pavement to rounding breakpoint shall be shoulder width plus 0.50 m. ONTARIO PROVINCIAL) STANDARD DRAWING Date 1988 12 01 Rev A All dimensions are in millimetres or Date _ metres unless otherwise shown. GRANULAR COURSES UNDIVIDED RURAL 10PSD - 206.01 WIDTH OF BENCHES (m) EXISTING FILLS OF 3.5m FILLS LESS SLOPES OR GREATER THAN 3.5 m •• New road 2: 1 1.25 0.60 -- Flatter 2.50 1.25 Existing Distance X' than 2:1 rood Subgrade Existing outside edge Existing slope to be stripped of shoulder rounding when specified before benching � v+ � c � s � U C N Variable �� o height w Bench r width NOTES : I When the subgrade is below the existing outside edge of shoulder rounding, benching shall be 1 carried out below the point where the subgrade intersects the existing slope. C Benches are to be excavated one level at a time and A This standard applies to widening of fills where the compacted fill brought up before the next the distance 'X' is I.0m or more at new top of benching level is excavated. subgrade level. D All dimensions are in millimetres or metres unless B Benching is not required on existing slopes flatter otherwise shown. than 3: I or where specified. I ONTARIO PROVINCIAL STANDARD DRAWING Date 1988 12 Ol Rev I Date BENCHING OF EARTH SLOPES iOPSD - 208.01 ' EP Breakpoint ' Typ Rnd 0.5m Traffic lanes) — Sh 0.25m Note 1 2%—_ . . or 1`/0 67. ' Granular Rnd breakpoint TYPE 1 — GRANULAR SHOULDER Rnd 0.5m min Traffic lone(s) Sh 0.25m�'j Note 2 Note 1 2%y 2% —► ?? or tt Granular 6% e Rnd breakpoint TYPE 2 -- DRIVEABLE PAVED SHOULDER Rnd 0.5m Traffic lane(s) Sh 0.25m Note 2 Note 1 2%- 6% 3'l or Granular 6%—�- f/offer Rnd breakpoint TYPE 2A — NON DRIVEABLE PAVED SHOULDER Rnd 0.5m Traffic lanes) Sh 0.25m- -0-0.5m ' max•j Note 1 29: 6% . . • • 6%y . . . . . or f/offer Granular Rnd breakpoint TYPE 3 -- PARTIALLY PAVED SHOULDER NOTES: 1 Where steel beam guide rail is indicated the minimum rounding shall be 1.0 m with 0.5 m required from edge of shoulder to rounding breakpoint. 2 Where cable and steel beam guide rail has been installed prior to shoulder paving,and where shoulder paving is to be placed adjacent to the guide rail, then the outside edge of shoulder paving shall end 300 mm from the face of the guide rail. A All dimensions are in metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 11990 04 021Revl 2 TANGENT SHOULDERS Date - - - - - - - - - - - - - - RURAL OPSD - 210.01 Sidewalk --1 0.3m min Note 1 0 5 Original ground m _ o� ' Oracular ease Boulevard surface or R,i Pavemen± I 27 f- 2%min 8%max 2% 2r ' q... Rourdinq breakpont 0.3m Granular Subgrade Typ subbase 50mrta min Typ pe subdrain Typ CUT AND FILL SECTION WITH BARRIER CURB Sidewa!K 0.3m min F Note 1 Pavement surface y 0.5 Original_ground Granular base m cr 2% y ---2%min 8%max 2% 7Depth as ci_led ��ok 3% ,%, " Rounding breakpoint Granular Subgrcde subbase ! CUT AND FILL SECTION WITH MOUNTABLE CURB NOTES: r 1 Where steel beam guide rail is indicated, the minimum rounding shall be 1.0m, with 0.5m required from edge of sidewalk � to rounding breakpoint. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1994 05 16 Rev SP BOULEVARD TREATMENTS Date=_____ - URBAN SEC'nON OPSD — 216.010 ' Entrance Additional 600 mm width required when guide rail is installed ftA 5.0 I lo, ' 1 SECTION B—B 1 �'A B B R= 5.0 m R=5.Om Note I Note I Sh and Rnd ' Edge of Pavt of Pavt — — — — 1 "O—JA ' PLAN rt ' sn —Pavt— and 5.0 --l-5--l-5 Rnd 1.5 1.5 —�" 3% —� ' Exist entrance grode SECTION A—A NOTES : I Radius to be 8.0 m when entrance is used for farm equipment. A Desirable entrance configuration, when constraints permit. Desirable maximum gradient: 6% for residential entrances, and 10% for farm and field entrances. B All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1990 04 02 Rev 2 Date RURAL ENTRANCES TO ROADS ON FILL OPSD - 301 . 01 Entrance Ditch I Ditch E 5.0 E ' E E O o ' I I SECTION B-B B B R= 5.0 m R =5.0m Note 1 Note I q--of ditch Sh and Rnd ' Edge of Pavt � of Pavt - 1 PLAN I I Sh 1.5 I. Pavt— Rnd5.0 – 1.5 1.5-t Exist entrance grade i I SECTION A-A NOTES : I Radius to be 8.0 m when entrance is used for farm equipment. A Desirable entrance configuration , when constraints permit. Desirable maximum gradient: 6% for residential entrances, and 10% for farm and field entrances . B All dimensions are in metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1990 04 02 Rev 2 Date RURAL ENTRANCES i TO ROADS IN EARTH CUT OPSD — 301 . 02 1 1 i Dropped curb at entrances, Thickness of adjacent sidewalk, i TYP —� TYP 275 1 \ 225 275 225 R=S--- m � mm i � �\> 25 r R=Smm For flexible Note 2 s -1 s� 25� / pavement, `.ote 2 TYP—� �'3 _ o R=Smm =� �i .i. R=5mm cv o O,� ' Note 3 `4 i Note 3 I � . i Y i 25 �50 t L Fes—25 50� 525 ' L For rigid pavement Additional wi 525 25x75mm keyway where sidewalk is centred in concrete adjacent to curb, base, TYP TYP Notes 1 and 3 TANGENT SUPERELEVATED i NOTES: 1 When curb and gutter is adjacent to concrete pavement or base, this drawing is to be used in conjunction with OPSD-552.01 and 552.02. i 2 Flexible and composite pavement shall be 5mm above the adjacent edge of utter. 3 For slipforming procedure, a 5% batter is acceptable. g A Treatment at entrances shall conform with OPSD-351.01. ' 6 Outlet treatment shall conform with OPSD-610 Series. C The length of transition from one curb type to another shall be 3.0m, except in conjunction with quide rail, it shall conform to OPSD-900 Series. D All dimensions are in millimetres unless otherwise shown. i LEGEND: S — Rate of pavement superelevation in percent, %. i ONTARIO PROVINCIAL STANDARD DRAWING Date 1991 12 16 Rev CONCRETE SEMI-MOUNT ABLE Date — — — — — — WITH STANDARD GUTTER - - - - - - - - - - - - - - OPSD - 600.06 �X Y ' X2150 Edge of pavement I Gutter line i 90 4J X Back of curb Elevation of top c' curb to t _ _ * R=850mm follow shoulder s ape J Typ I z V" 450 Var Z 1 4jY TYPICAL PLAN VIEW Level of gutter OPSD-600.01 at Y—Y Section 11 Typ Tack of curb 200 450�j 200 �200� — i yp ► �0 ° e' e O 0 175 SECTION X—X SECTION Y—Y SECTION Z—Z BARRIER CURB and GUTTER OPSD-600.02 300 450 300 —1300 — ' L .. .i: - �' 175 d: ' SECTION X—X SECTION Y—Y SECTION Z—Z SEMI—MOUNTABLE CURB and GUTTER OPSD-600.03 —, �{ 400 400 450 400 �. . ,. 175 °.. SECTION X—X SECTION Y—Y SECTION Z—Z MOUNTABLE CURB and GUTTER ' NOTES: A For spillway details refer to OPSD-605.04. B All dimensions are in millimetres unless otherwise shown. ' ONTARIO PROVINCIAL STANDARD DRAWING Date 1991 12 16 1 Rev 2 90° CONCRETE OUTLET Date — — — — — — - - - - - - - - - - - - - - FOR CONCRE CURB AND GUTTER TE OPSD - 604.01 Outlet c Gutter width ' Edge of pavement Type mm mm OPSD-605.01 and 605.03 Barrier 200 450 Semi–Mountable 300 450 Mountable 400 450 OPSD-605.02 Type B 400 450 Ed q__e of shoulder Gutter width o o �j Asphalt spillway 1 X� ' t —Note 1 J� - -- (L of ditch 50i,m min PLAN SECTION X—X WITH 30' or 45' GUTTER OUTLET OPSD--605.01, 605.02 or 605.03 Outlet b Gutter Type mm width – Edge of pavement mm OPSD-604.01 Barrier 20C 450 Semi–Mountable 30C 450 ' Mountable 40C 450 OPSD-604.02 Edge_of_shoulder Type B 40C 450 o Y I Y b Gutter width. b Asp!-olt spillway I � ---� of ditch Note 1 ' PLAN 50mm min SECTION Y—Y WITH 90' GUTTER OUTLET OPSD--604.01 or 604.02 NOTES. ' 1 Depression of spillway to coincide with outlet end of gutter outlet. 2 All dimensions are in mi-imetres unless otherwise shown. ' ONTARIO PROVINCIAL STANDARD DRAWING Date 11991 12 16 Rev ASPHALT SPILLWAYS Date — — — — — — FOR CUT OR FILL - - - - - - - - - - - - - - OPSD - 605.04 3.8m Term^ration 150mm Curb and min gutter 'II � I � r 0 1 ' Gutter line OD oz i i Ii ' PLAN _T 225 i-- N END VIEW ELEVATION MOUNTABLE CURB AND GUTTER Curb and utter g 3.8m Term'otion 150mrr. min h i�t l i Gutter or Zlty � ' curb line I � _ IIL i IIi PLAN --I Varies=-- N END VIEW ----------------------- ELEVATION BARRIER AND SEMI—MOUNTABLE CURB AND GUTTER t NOTES: 1 Slope to match existing shoulder. A This drawing is to be read in conjunction with OPSD-600 series curb and gutter drawings. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 11991 12 16JRevJ 2 METHOD OF TERMINATION Date _ _ _ _ _ _ FOR CONCRETE CURB AND GUTTER FOPSD - 608.0 PIPE IN TRENCH PIPE IN EMBANKMENT �—vv_1 Ditch line, Note 2 1h. - '� Cover u o Pipe F'iPe material ��. : n E E �' D �\ D i E E w NOTES: - Foundation � 1 For Type 3, pipe bedding to be shaped ararl•�to receive the pipe for a width of D/2, -_w � EARTH EXCAVATION TYPE 1 2 Installation in regular ditch cross—section <YPIL 1 D FIRM FOUNDATION 0)00 mm D is allowed at private entrances only. 3 Foundation when required will be specified in the contract.in line, Note 2 51 - � � / c 4 Haunches must be backfilled and E .L Pe m Cover aterial Fi e ,S .o compacted prior to continued placing u r D / ' Note 4 of embedment material. F E 15o mm A Protection against Heavy Construction w bedding material Equipment according to OPSD-808.01 . Note 3 _ _ B Backfill according to OPSD-803.04. Foundation grade w� EARTH AND ROCK C All dimensions are in millimetres unless TYPE 2 EXCAVATION TYPE 2 otherwise shown. <1800 mm D _<1800 mm D Cover c Pipe ► _ rnatorial •---- - - Pipe !S, LEGEND: I Q , , o 0,0 — Outside diameter E E - 300 mm — W E 0 — Inside diameter bedding material -A Minimum width of bedding: Note 1 ' 7 Nate 3 D + 800 mm for D :5 1000 mm. I Foundation grade � .1 Note 1 1 .67 x D for D > 1000 mm & < 1800 mm. F- —TYPE 3 NTH AND ROCK TYPE 3 ,0 + 1200 mm for D >— 1800 mm. >1800 :_3000 mm D EXCAVATION >1800 53000 mm D c — Pipe diameter < 600 mm c = 300 mm, ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1992 03 12 Rev 3 Pipe diameter > 600 r mm BEDDING FOR CIRCULAR Date — — — _ — —10= 4 + 300 mm STEEL PIPE STORM SEWERS - - - - - - - - - - - - - - AND CULVERTS OPSD - 802.01 PIPE IN TRENCH PIPE IN EMBANKMENT Earth or rock fill Pipe Backfill Pipe Earth or rock fill Subgrade Subgrade 1 : �OyDp''.�. Frost line above I Note 1 .. r-t"'--��/� Note 1 this level L----j L— --_j NOTES: CASE 1: FROST LINE ABOVE TOP OF PIPE I i 1 For Flexible Pipe, according to 10( f d) 10( f-d) Earth or 10( f-d) OPSD-802.01, 802.02, 802.04 Pipe 1 � rock fill Pipe Earth 1005.02 and 1102.02. Subgrade I Subgrade till For Rigid Pipe, according to F� et' /° bt OPSD-802.03, 1005.01 and Frost line pst f .Granular I backfill. 5�'�° Frost line sf fo Grinu�lbaak ill .,05 1102.01. and ">" ° , 'T --i-1' Fjo and "f" e,. A Protection against Heavy Construction Equipment according Frost line in this I .I—-Note 1 to OPSD-808.01. range — - -— L--�--J — - - — _ - _ Frost line in this L 8 Frost tapers are not required in range — rock embankments. CASE 2: FROST LINE AND W BETWEEN BOTTOM OF BEDDING ANDI TOP OF PIPE C Case 1 applies in all rock I I embankments. 10( f d) Ic 10( f-d )--{ 10( f-d) It 1of f-d )� D All dimensions are in millimetres Pipe I Pipe or metres unless otherwise shown. Subgrade Subgrade Granular r:�1 Note 1 �� FrOSt Grant II r �1�, Note 1 ° e1 qs' backfill fo ��( et Earth' LEGEND: r I ° t °s1 Earth °� ' 5.11 I�'6 F< fill Frost line �'� ( O I Ft or rock fill 1 d — Depth of granular (roadbed). I I P 9 � ) below this level I �-- I � -r f� -- — Frost line below this love --i-- —-£"f"-- — f - Depth of frost treatment -- ____________ measured from profile grade Frost line Frost line or top of pavement CASE 3: FROST LINE BELOW BOTTOM OF BEDDING (as specified in the contract). "j" AT BOTTOM OF BEDDING OD— Outside diameter. ONTARIO PROVINCIAL STANDARD DRAWING Date 1992 05 OI Rev 3 D - Inside diameter. BACKFILL FOR PIPE Date - - - - - - CULVERTS - - - - - - - - - - - - - - RIGID AND FLEXIBLE PIPE OPSD — 803.03 �1 DEPTH OF COVER ( m ) ' Dia Area Corrugation I 2 3 4 5 6 7 8 9 10 II 12 i ( mm) ( m2 ) ( mm) METAL THICKNESS (mm) 300 0.07 1 .3 400 0. 13 1 .3 500 0.20 M 1 .3 600 0.28 x 1 .3 700 0.38 ao • 1 .6 800 0.50 t0 1.6 900 0.64 1 .6 1 000 0.79 1 .6 68 x 13 2.0 1200 1. 13 76 x 25 1 .6 125 x26 1.6 68 x 13 2.8 1 400 1.54 76 x25 1.6 125 x 26 1.6 ' 1 500 1.77 152 x 51 3.0 68 x 13 2.8 1600 2.01 76 x25 1.6 125 x 26 1 .6 1660 2. 16 152 x51 3.0 68 x 13 3.5 1800 2.54 76 x25 1 .6 125 x 26 1 .6 1 8 1 0 2.58 152 x 5 1 3.0 1970 3.04 152 x 5 1 3.0 68x 13 4.2 2000 3. 14 76 x25 1.6 125x26 1.6 11 2.0 2120 3.54 152x51 3.0 2200 3.80 76x25 1 .6 11 2.0 125x26 1 .6 10 2.0 2280 4.07 152x51 3.0 2400 4.52 76 x 25 2.0 125 x 26 1 .6 9 2.0 11 2.8 2430 4.65 1 152 x51 3.0 2590 5.26 152 x51 3.0 2700 5 .73 76 x25 2.0 ` 11 2.8 125 x26 2.0 10 2.8 2740 5.91 152x51 3.0 3000 7.07 76x25 2.8 125x26 2.8 NOTES : CORRUGATION SEAM DESIGNATION A Minimum depth of cover shall be PROFILE (mm) 300 mm or diameter divided by 6 HELICAL LOCKSEAM C S P whichever is greater. 68 x 13 RIVETED orCSP B All dimensions are in millimetres or metres unless otherwise shown. HELICAL LOCKSEAM CSP 76 x 25 RIVETED or HELICAL WELDED SEAM CSP 125 x 26 or HELICAL LOCKSEAM C S P 152 x 51 S P C S P ONTARIO PROVINCIAL STANDARD DRAWING Date 1983 12 01 Rev PEC D Date S S G IFIE MINIMUM THICKNESS CORRUGATED STEEL PIPE AND STRUCTURAL PLATE CORRUGATED STEEL PIPE 10PSD - 805.01 Pipe P P Note 2 D �D — D /0 �O°/° M01. Note Note I mOx NOS 3 Partially completed , I, Partially completed grade / grade I--D—� NOTES I MINIMUM TOTAL DEPTH OF BURIAL FOR HEAVY EQUIPMENT CROSSING : - For Flexible Pipe, the depth of burial over top of pipe shall be 800 mm min or Dio 4 or span plus 300 mm whichever is greater. - For Rigid Pipe , the depth of burial over top of pipe shall be 1000 mm min. 2 When protection is higher than subgrade, it is to be removed to subgrade level before placing granular base. 3 When protection is also used by public vehicular traffic, the maximum slope shall be 5 %. A P= 1500 mm or 1.5D whichever is greater. D = Inside diameter of circular pipe or span of pipe arch. B Contaminated material to be removed and replaced. C This Standard to be used in conjunction with OPSD - 802.01 , 802.02 , 802.03 , 802.04, 803.03 and 803.04. D All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1989 05 01 Rev I PI PES Date PROTECTION AGAINST - - - - ------ - HEAVY CONSTRUCTION EQUIPMENT OPSD — 808. 01 .■� .� r r�s �r � �■a � �r a� s � Ms 1s r•t �r � � >•w 3.50m brace panel Standard post spacing 3.50m brace panel (-- Gate opening 3.50 m brace panel 175 or 185 (Note 1) I Form entrance r-Gotq Post m Wooden or 4.90m walk 50 grace Steel Brace Gate ote t.20 m Brace -200 mm min Terminal post Pas} line post ; post post I g Post Post — top for terminal posts 175 0 -150mm min 0 8 150 top for line M N posts -330 mm max 150 butt end for c ' I 100 x fOOmm x t c 1 1 I I all posts c l l Dia oval brace wire 1 1 c o -l l Ground O'E I I g 0 E 0 E l l 420 I I 3.70m wood brace I I 0o'E line l l I r� p l (Four 3.5 mm wire ,0 E 0 E I I i t 11 rn E I I I I 50 to 100 J I I rn E strands twisted in I E lI U - E i j It I I10 or 125 I I G IJ tension ), Typical U� Note 2 100x 100 mmx3.70m FENCE DETAILS WIRE SPACING 13 POST DIA Steel T post .i l wood brace IN EARTH , SHALE, LOOSE OR FRIABLE ROCK L Terminal post Nan shrink fencing 3.5 mm tie wires Non s grout IN ROCK Wooden line post Steel line post J-3.50m brace panel Standard post I+ Standard post 3.50m brace panel- NOStandard spacing: spacing I spacing 60x60x6mmangleiron . p Wooden post to wooden post -6.0 m. Steel post to steel or wooden post-5.0 m. 0 °' 2 Tie steel posts and wooden post together top 9 and bottom with 3.5 mm wire. O 30 , A Ratio of steel posts to wooden post shall t I' �-Overburden✓ � i 42 � �I Overburden + , !. be 3; 1 unless otherwise specified. X Post hole to be X tilt ii;; X Y I,. Post hole to Y�ili Ground 4 8 All dimensions are in millimetres or metres Ground I 50x50x6 mm T drilled U-1 line u v be drilled u line IIF�'c' i (�ITH below) T T :WITH table below)-F angle iron unless otherwise shown. ee footing detail'o'or WOODEN POSTS STEEL POSTS one° l Steel angle Ground ccre FENCE D ETA I LS Iron IN SOLID ROCK Steel angle line(Typ) 1 iron-- FOverburden Steel Post Depth In Rock t--- r gQ mm min e r O mm mox Earth Post depth 0 to 450mm max �. ;: Overburden Loy together end overburden min(mm) Rock •Non shrink , �i stay wires of each of Non shrink 3 0 line 100 cement rout I X840 mm the two sections to be depth (mm) X Y cement grout q min spliced.Then wrap the 0- 600 380 380 'x-100 mm dio F'-100 mm dio (Typ) If excavated or _ overhanging ends s-00—o00 2 0 23o Detail a Detail b If excavated -concr.aIOOmmdla tightly around line wire with pliers or 1000-12001230 o Overburden less than 450mm Overburden more than 450 mm 300�- Cutawytstayif ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1990 04 02 1 Rev L4 necessary to allow sufficient length Date for splicing. HIGHWAY FENCE ---------- -- SPLICING DETAIL IOPSD - 901 - 01 4.128 32 and 38 33 - J 3 2---{ I-18.� A 1.905 1.905 TA IIIIII i' NN '� + -, - , 6 - _ SPLICE BOLT AND NUT i 76 A - - 108 108 �51 8 t8 16 16 23 x 29 mm 3 19 x 63 mm slotted holes FRONT ELEVATION slotted holes ^' N �c Splice bolt and nut �IIN1 at post -16 x 32 mm __ at structure 4x311 mm Slotted hole 18x25mm� 725 ±— -j Post bolt, nut and _ anchors RECTANGULAR 160 565 ±— �{ washers as directed r" WASHER on assembly Note I --- — drawings 0PSD-902.03, i I 902.04 0 Rectangular ao T 0 41 -- E - -- I washer see Imo_LJ LI 108 108 detail above C x! 52 I 25 13 _ o A r — 13 N --5 I -- � E o T ARRANGEMENT AT POST SHIM T --. _.---..__._ N ZI _ � Note I M NOTES : Co I Thickness of rail to be 2.5 mm, rectangular washer 4.0 mm , shim 2 mm . A B All dimensions subject to manufacturing tolerances unless c -4-23x 29 mm slotted holes otherwise indicated. oM TERMINAL SECTION C All dimensions are in millimetres or metres unless otherwise IC 0+ shown . E ~ ONTARIO PROVINCIAL STANDARD DRAWING Date 1986 04 07 Rev 2 �- - 81 ----� --z Date �- 83 - STEEL BEAM GUIDE RAIL -- --- ENLARGED SECTION A-A RAIL DETAIL Note 1 OPSD — 902 . 01 3.810 POST BOLT AND HOLE 3.810 1.905 1.905 Hole Post bolt 1.905 1.905 — Dia and nut Washer Post mm mm I Channel Post 18 16 x 460 Rect L—i I Guide Rail Offset block Offset block r—T re 18 16x 310 Plate 8 lock PLAN Guide Rail PLAN Lop In direction of traffic _Rnd--- - S �� - Sh --- -- Rnd r 40 4� Lop in direction _ of traffic ' b bl 0 _- -- r Mi O O L_ * 'I R - �� - o ; Rectangular washer ". 4� LRectongulor � M o o d )sher �Z cO z° T "77M F i 771777771 7777777777777 777 Steel base OPSD-908.01 �'. � :;•;►. . �• Steel boss b o o OPSD-908.01 STRUCTURE DECK N cli E " E S STRUCTURE DECK FOOTING OR FOOTING E ELEVATION SIDE VIEW SIDE VIEW ELEVATION SINGLE RAIL SINGLE RAIL WITH CHANNEL NOTES= I Where guide rail is adjacent to curb, mounting height shall B Wooden posts to be set by Instrument for alignment and grade, be measured : with tops parallel to pavement grade. a ertically at face of guide rail when face of guide rail C To produce an even alignment, shim beam element where necessary. is more than 300mm beyond gutter line. D This standard to be read in conjunction with OPSD-902.01 and 902.02 b ti y_q.{_gutter line when face of guide rail is E All dimensions are in millimetres or metres unless otherwise shown. 300 mm or less beyond gutter line. i A Wooden posts and offset blocks: Size 200x 200 mm nominal, 190 x 190 mm t 1.5 mm dressed, tops to have 25 mm chamfer. ONTARIO PROVINCIAL STANDARD DRAWING Date 11990 11 15 1 Rev 1 3 STEEL BEAM GUIDE RAIL Date ASSEMBLY DETAIL --------------- SINGLE RAIL WITH OR WITHOUT CHANNEL IOPSD — 902.03 ' ' o co Shoulder elevation at Structure deck elevation face of guide rail ELEVATION Edge of driving lane OPSO-902.08 or 902.09 main Hwy Channel and curb and gutter transition s 7.62m N Note 2 .--- Curb and gutter Note 1 Standard 190x190mrn posts 1 b Q� and offset blocks 1--Note 3 I �o R=2.43m R Post Beam omin m Spaces Elements I N o o rn 2.44 90 2 1 ao ° I 3.19 70' 2 1 1 °t� N to 3.96 1 10' 4 2 1 in a 4.85 90' 4 2 w u m °a o) 6.24 70' 4 2 o �''' 5.95 1100 6 3 am nN a 7.28 90' 6 3 Z ^ 0 9.36 70' 6 3 w T 7.94 1100 8 4 W 9.70 90' 8 4 0 12.47 70' 8 4 a F NOTES: 1 Post shall be 140x190mm Type 'B' o breakaway wood post, as per OPSD-902.0510. N Guide rail at this post shall be held in Z o position with metal, shelf angle as per 1 H m N OPSD-902.0511. 0 S On larger radii with two or more wood posts, C — guide rail shall be bolted to the post with a 0 ° N ; W v 16mm bolt. Offset blocks are not required. 0 0 o° 0 2 Post located at end of radius shall be o o V0 o Type 'A' post as per OPSD--902.0510 and shall m o o 'a have a cable attachment as per OPSD-902.0511. "r 1 0 < 1 3 For freestanding installations a 15m length of a-o Q a. guide rail is required on the leaving end beyond °o o) r o the end of radius. 4 For low speed and stop condition a turned o down end treatment as per OPSD-902.05, ° may be used. A Area behind guide rail shall be 2:1 or flatter ° °' and shall be clear of all hazards. W o �—Sh-1 B Washers shall not be used on face of guide rail. C All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1993 09 07 Rev STEEL BEAM GUIDE RAIL O P ' — S TREATMENT AT ENTRANCES Date—_ AND INTERSECTING ROADWAYS rOPSD - 909.020 M MM " Ion rI Mau. M An MW Anchor block spacing — Tablet 46.8m min �A Edge of Sh `- Intermediate - --anchor block 4 JA Edge of Pavt 3.6m Standard post spacing a Traffic flow PLAN One splicer only a per panel 38Ox100mm +Z�z 6 reflectorized strip Note 1 , II II li ii -� 11 it 11 II 11 11 I I II II II 11 II 11 �I Ir 1 II 11 II 11 1 II I 11 11 It II 11 II I n I J 11 11 11 II 1 IV I II I1 If II 11 I1 1 11 I II II II 111 I II II II II I U 1 II II II II 11 tl t V I II II II t V LJ LJ LJ lJ lJ LJ LJ LJ IL it LJ LJ 2.7 ELEVATION 2.7 --I-- End anchor --�i 150mm min dia top--I 380x100mm f-Rn See with 25mm chamfer n reflectorized strip 25 fastener TABLE 1 Typ Note 1 I detail 30' 3-13mm dia Srnm dia _o RADIUS OF ANCHOR BLOCK steel cables, holes To 00 � CURVATURE SPACING In p In m m max �— stapled to post of Sh a o �- J• Over 600 300 0 0 M �_ ^ 1 00m 250 to 600 100 ° C oo —_ In N min cover _ e� Top Lo M rn �" 150 - e NOTES: of Sh 1 Reflectorized strips on 0.5mm '/ate @a/ -- a ��n SOmm _ 1 'I min cover aluminum, fastened to the 1- TS-1 -- �- M E-�Granular . y o, wooden post with two 50mm E Typ I I bgrade a ;1 Concrete aluminum nails. I I Typ N i; anchor �'E I SPACER N a, block Reflector spacing shall start I See spacer detail DETAIL at the second post from the L-i POST DETAIL to traffic approach, end and on: Ferrous casting Note 2 SECTION A—A Curves, every third post, and on: Tangent, every fifth post. -- Reflectors shall conform to MUTCD. Ferrule 2 Ends of cable strands must protrude past ------- the end of the wedge 1Omm. FASTENER DETAIL Wl50x22xl.Om long A Cable guide rail shall only be steel section placed on radii greater than 250m. ONTARIO PROVINCIAL STANDARD DRAWING Date 1991 07 15 Rev 4 B This Standard to be read in INSTALLATION conjunction with OPSD-910.03 3 CABLE GUIDE RAIL Date and 910.04. C All dimensions are in millimetres ON WOOD POSTS or metres unless otherwise shown. AT SHOULDER OPSD — 910.01 6 mm dio hole for 4 m 1 345 bross self locking cotter pin —� 160 25 160 Tension bolt Note2 rr � — r 11 1 1 4B 1---- B II =a=s 3/a"-IOUNC-2A �� 3/4'-10lm i R=3mm 25x25 x 25 mm Ferrous costings (Typ) END FITTING - TOP VIEW END VIEW 210 0 48 114 —► 48 r * Blend=3mm 26 57mmdia t C >•--- F===== 3mm - - - �- T- - � N v f Ih So R=3mm Break L-C Blend corners 1I7 ♦ R=3mm �35---^-I 11 END FITTING SECTION A-A SECTION B- B SECTION C-C 210 48--}- 114 48- 4B 4 -- '------�---- -----------' czzTEE3 'C7 1,50 SPLICER WEDGE SPLICER- TOP VIEW SIDE VIEW 1727 mm min 100mmmin 25mm min Cable Note 1 3.2 Note I 4.8mm at 45 NOTES: Drill dio 13mm �\ , I Unpressed ferrule: Length 90 mm; Diameter 30 mm. PRESSED FERRULE 2 As an option, a square or hex nut may be welded to AND CABLE FITTING 03.2 END VIEW a 3/4"-10 UNC-2A threaded bar. 45 45 A Dimensions of ferrous castings to ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1988 04 15 1 Rev have tolerance of±0.7 mm. D ate B QII dimensions other millimetres or CABLE GUIDE RAIL FITTINGS - -------- metres unless otherwise shown. —_-- OPSD - 910.03 500 500 500500— 500 500 A 7 it 7 O O p - —®— O II 11 i I 0 o u--U L iJ *JA TOP SIDE FRONT CUBICAL ANCHOR BLOCK L 45x45x6mm L45x45x6mm (" 83 O W 150 x 22 x 1.0 m long 83--i �0 W 150 x 22 x I.Om long l steel section I steel section rMo Cli O dp r O � _ o ;— $ 6-14mm N 1 dia holes Concrete 12- 14mm dia holes anchor Concrete anchor b' '.'I a ''. ° f block ,° I .. . 6 i• _ A t block o' 6 I b "i�• b' � 01" 1 b 1% D SECTION A-A for 3 CABLE SECTION A-A for 6 CABLE 5 00 500 A 500 -I- -500 1 i 1 � 1 70 7 'Q1 � I'1 II Iii 1 I O — p M IL III L.u_1 R=500 mm 4j A TOP SIDE FRONT NOTE CYLINDRICAL ANCHOR BLOCK A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1988 Q OI Rev THREE AND SIX CABLE GUIDE ate E RAIL CONCRETE ANCHOR BLOCKS OPSD - 910.04 as a* an M SIN UM MI W MI Ala, M MM �MI Mr I.■ AN ri ,0 M, ., A Steel beam guide rail Structure Breakpoint in Channel rounding Anchor block P=85m - -_-_-- ---- - ---- -- ----- -- --- -- ---------- ------ \ 4 - �r I 306 ��- ___ v �--3.05 3.05--� I Edge of Sh m 2.67 - Cable guide rail 22.58 -) _ Edge of Povt Direction of traffic for approach end treatment Direction of traffic for leaving end treatment on divided and undivided highways PLAN on undivided highways Ii 16.085m min /--+ A I std beam 5 element 3 standard beam elements Staple or spike to 1.905m post spacing -- extended offset block Note I 475 mm L1' post 950mm post spacing Grade of face of spacing p g ELEVATION steel beam guide rail Edgeof Sh___, ' POST OFFSET NOTES TABLE I Offset block to be extended to 457 mm when steel beam has 6% "2.81 no channel (OPSD- 902.03) .1 .90 0.02 A This Standard to be used in conjunction with OPSD -902.03 3.81 0.09 and OPSD- 910.01.5.71 0.19 B Cross section must be widened to incorporate terminal end. 0.25 0.5�-- 7.61 0.34 C All dimensions are in millimetres or metres unless im 3.06 9.51 0.53 otherwise shown, SECTION A-A 11.40 0.77 13.28 1.04 15.16 1.36 ONTARIO PROVINCIAL STANDARD DRAWING Date 1990 02 15 Rev 17.03 1.72 Date 18.89 2.13 GUIDE RAIL TRANSITION TREATMENT ----- 20.74 2.57 CABLE to STEEL BEAM- DIVIDED 81 UNDIVIDED HIGHWAYS 22.58 3.06 STEEL BEAM to CABLE -UNDIVIDED HIGHWAYS 10P.SD - 911. 010 +� Cable guide rail 900 Post spacing 1.905m ------------ 3,81 m Structure -- 855 ----+--� I std beam element —Steel beam i .l--Anchor block Steel channel guide rail I i '950 950 950 14751475475, B Approach slab C Post PLAN C— Direction of traffic 3.60 Steel beam guide rail 22.86 m min 855 B - Steel channel 19.05 m min End fitting, B Note 2 j_ ; Note I see detail I I Ay Approach slab —�{ Anchor block'-I- _L , I 25 E L E VAT 10 N I � 1.0 m min n' Steel cable 125 _II�+—Slot for cable to be I u field cut and coated I with zinc rich paint I Steel cable END FITTING DETAIL I I NOTES : Steel I For curb and gutter transition details refer to channel I 11 sroach lab OPSD-904.01 or 904.02 and 904.03 or 904.04. ,�- 1 2 A 7.62 m channel termination shall commence at tI+Channel t,.,,, J termination the third beam element beyond the end of structure. AT CHANNEL B— B L—— ——J A This standard to be read in conjunction with TERMINATION A —A OPSD-902.03, 902.07, 902.08 and 910.01. SECTIONS B All dimensions are millimetres ONTARIO PROVINCIAL STANDARD DRAWING Date 1989 II 01 Rev 2 metres unless otherwise shown.. GUIDE RAIL TRANSITION TREATMENT Date STEEL BEAM TO 3 CABLE DIVIDED HIGHWAYS OPSD - 911.03 T—SAR OR STAKE SNOW FENCE AREA TO K IROTECTED _ AREA UNDER CONSTRUCTION VARIES FILTER CLOTH (Twmfox 2TOR K Egwk~) TIED TO SNOW FOVCE N � EXISTING GROUND TOP OF BANK . ISO mm min. N ' N CREEK I NOTE: MATERIAL REMOVED FROM TRENCH TO SE REPLACED ON TOP OF FILTER CLOTH. FILTER CLOTH TO SE HORIZONTALLY OVERLAPPED 0.3m N.T.S. APRIL 1995 MUNICIPALITY OF CLARINGTON DETAIL TS H PROJECT NO. SILT FENCE DETAILS LAMBS ROAD BRIDGE a APPRO�H. 12 - 10026 . RECONSTRUCTION-CONTRACT CL95-19 SD - I L - L . •• .. IS cm 1.01 CLEAN S-scm DIA. AGGREGATE TOP OF DITCH CLEAN 5-8cm DIA. AGGREGATE , M►.X• FLOW 5`OPE i.? DIRECTION I.Orn MAX. NON -WOVEN GEOTEXTIL.E TOP OF p�TCN THE DISTANCE A' SHALL BE SUCH THAT POINTS 'B' & t' ARE OF EOVAL ELEVATION. N.T.S. ROCK CHECK-.DAMS FOR ROADSIDE DITCHES APRIL 1995 MUNICIPALITY OF CLARINGTON DETAIL T.S.N. PROJECT NO. 12- 10026 LAMBS 'ROAD BRIDGE a APPRO H SD - 2 RECONSTRUCT- CONTRACT CL95-19 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL95-19 OPS GENERAL CONDITIONS OF CONTRACT (August 1990) ONTARIO Ontario PROVINCIAL STANDARDS August 1990 GENERAL CONDITIONS IONS OF CONTRACT MEA TABLE OF CONTENTS Section Title Page Section Title PE99 GC 1 INTERPRETATION 1 GC 3.10 Subcontracting by the Contractor 11 GC1 .01 Captions .11 Changes in the Work, Extra .02 Abbreviations Work, and Additional Work 12 .03 Gender and Singular References .04 Definitions GC 3.11.01 Changes in the Work 05 Substantial Performance 4 .02 Extra Work .06 Completion .03 Additional Work .07 Final Acceptance 5 .08 Interpretation of Certain Words GC 3.12 Notices .13 Use and Occupancy of the Work Prior to Substantial GC 2 CONTRACT DOCUMENTS 7 Performance .14 Claims, Negotiations GC 2.01 Reliance on Contract Disputes 13 Documents .02 Order of Precedence GC 3.14.01 Claims Procedure .02 Negotiations 1 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 1 Section Title Page Section Title Page GC 4 OWNER'S RIGHTS AND GC 6.03.05.01 Property Insurance 20 RESPONSIBILITIES 15 .02 Boiler Insurance .03 Use and Occupancy of GC 4 .01 Working Area the Work Prior to .02 Disposal of Materials Completion 21 .03 Construction Affecting .04 Payment for Loss or Railway Property Damage .04 Default by the Contractor .05 Notification of Default GC 6.03.06 Contractors' Equipment .06 Contractor's Right to Insurance Correct a Default .07 Insurance Requirements .07 Owner's Right to Correct and Duration Default 08 Termination of GC 6.04 Bonding 22 Contractor's Right to Continue the Work GC 7 CONTRACTOR'S RESPONSI- .09 Final Payment to 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 Ouantities ii C Section Title Page Section Title pp GC 8.02 Payment 29 .10 Interest for Negotiations GC 8.02.01 Price for Work and Claims .02 Advance Payments for .11 Owner's Setoff 33 Material .12 Delay in Payment .03 Certification and Payment 30 GC 8.02.04 Payment on a Time and Material Basis GC 8.02.03.01 Progress Payment Certificate GC 8.02.04.01 Definitions .02 Certification of Sub- .02 _ Daily Work Records 34 contract Completion .03 Payment for Work .03 Subcontract Statutory .04 Payment for Labour Holdback Release .05 Payment for Material Certificate and Payment .06 Payment for Equipment .04 Certification of Substantial Performance 31 GC 8.02.04.06.01 Working Time .05 Substantial Performance .02 Standby Time ' Payment and Statutory Holdback Release Payment GC 8.02.04.07 Payment for Hand Tools 35 Certificates .08 Payment for Work by .06 Certification of Subcontractors Completion 32 .09 Submission of Invoices .07 Completion Payment and Statutory Holdback GC 8.02.05 Final Acceptance Release Payment CLrt'rficate Certificates .06 Payment of Workers .08 Interest .07 Records .09 Interest for Late .08 Taxes and Duties 36 Payment .09 Liquidated Damages � r iii ( Ontario August 1990 Ontario Provincial 1 Standard f ' 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" -American Association of that quantity within the approved limits of the Work. "AASHO" State Highway Transportation Officials "ANSI" - American National Standards Institute "Additional Work" means work not provided for in the "APEO" - 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 "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "Change in the Work" means the deletion, extension, "GC" - General Conditions increase, decrease or alteration of lines, grades, "OPS" - Ontario Provincial Standard dimensions,quantities,methods,drawings,changes in "OPSS" - Ontario Provincial Standard the character of the work to be done or materials of the Specification Work or part thereof, within the intended scope of the "OPSD" - Ontario Provincial Standard Drawing Contract. "MOE" - Ministry of the Environment (Ontario) "MTO"l - Ministry of Transportation.(Ontario) "Change Order" means a written order to the "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 1 References to the masculine or singular throughout the by the Contract Administrator at completion. Contract Documents shall be considered to include the "Construction Signs" mean all traffic control devices feminine and the plural and vice versa as the context and signs, including vehicles, trailers, and the like, requires. provided to support signs, and equipment to supply OPS General Conditions of Contract 2 1 sign lighting,but excluding Contract identification signs and description and quantities of material utilized. ' and highway number markers,all as may be described in the MUTCD. "Day" means a calendar day. "Constructor" means, for the purposes of, and within "Drawings"or"Plans" mean any Contract Drawings or the meaning of the Occupational Health and Safety Act, Contract Plans or any Working Drawings or Working R.S.O. 1980, c. 321 and amendments thereto, the Plans, or any reproductions of drawings or plans Contractor who executes the Contract. pertaining to the Work. "Contract Administrator" means the person,partnership "Earth Grade" means the earth surface,whether in cut or corporation designated by the Owner to be the or fill, as prepared for the Base or Subbase: Owner's representative- for the purposes of the Contract. "Engineer" means a professional engineer licensed by the Association of Professional Engineers of Ontario to "Contract" means the undertaking by the Owner and practice in the Province of Ontario. the Contractor to perform their respective duties, responsibilities and obligations as .prescribed;in the "Equipment" means all machinery and equipment used Contract Documents, for preparing, fabricating, conveying or erecting the Work and normally referred to as construction "Contract Documents" mean the executed Agreement machinery and equipment. between the Owner and the Contractor,the Tender,the General Conditions of Contract, the Supplemental "Estimate" means a calculation of the quantity or cost General Conditions of Contract, Standard of the Work or part of it depending on the context. Specifications,Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before "Extra Work" means work not provided for in the the execution of the Agreement,such other documents Contract as awarded but considered by the Contract as may be listed in the Agreement and subsequent Administrator essential to the satisfactory completion of amendments to the Contract Documents made the Contract within its intended scope. pursuant to the provisions of the Agreement. "Final Acceptance Certificate" means the certificate "Contract Drawings" or "Contract Plans" mean issued by the Contract Administrator at Final drawings or plans provided by the Owner for the Work Acceptance. and without limiting the generality thereof may include soil profiles, foundation investigation reports, "Final Detailed Statement" means a complete reinforcing steel schedules, aggregate sources lists, evaluation prepared by the Contract Administrator quantity sheets,cross-sections and standard drawings. showing the quantities, unit prices and final dollar amounts of all items of work completed under the "Contractor" means the person, partnership or Contract, including variations in tender items and Extra corporation undertaking the Work as identified in the Work, and set out in the same general form as the Agreement. monthly estimates. 'Contract Time" means the; time stipulated,in the "Final Quantity" means that quantity used in the-Final Contract Documents for Substantial Performance of the Detailed Statement. Work, including any extension of Contract Time made pursuant to the Contract Documents. "Force Account' See "Time and Material". "Controlling Operation' means any component of the "Grade" means the required elevation of work. Work,which, if delayed,will delay the completion of the Work. "Grade lane" means a reference line representing the Grade in profile or longitudinal section established for 'Cost Plus" See"Time and Material". the control of work. `Cut-off Date" means the date up to which payment "Hand Tools" means tools that are commonly called will be made for work 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 1 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. y b) 5% of the total tender value calculated on the basis of the total of all the estimated tender "Special Provisions' mean special directions quantities and the tender unit prices. containing requirements peculiar to the Work. "Standard Specification" means a standard practice "Material" means material, machinery, equipment and required and stipulated by the Owner for performance fixtures forming part of the Work, of the work. "Owner" means the party to the Contract for whom the "Subbase' means a layer of material of specified 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 1 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 "Surety" means the person,partnership or corporation, satisfaction of the Contract Administrator. 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. "Utility" means a facility maintained by a municipality, GC1.05 Substantial Performance public utility authority or regulated authority and 01) The Work is substantially performed, includes sanitary sewer, storm sewer, water, electric, gas, steam, telephone and cable television services. (a) when the Work to be performed under the ' Contract or a substantial part thereof is ready "Warranty Period" means the period of 12 months from for use or is being used for the purpose the date of substantial performance or such longer intended; and period as may be specified for certain materials or work. Where a date of substantial performance is not (b) when the Work to be performed under the established, the warranty period shall commence on Contract is capable of completion or, where the date of completion. there is a known defect, correction, at a cost of not more than "Work" means the total construction and related services required by the Contract Documents. (i) 3% of the first 5500,000 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 5500,000 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 them, (b) $1,000. OPS General Conditions of Contract •� 5 GC1.07 Final Acceptance GC1.08 interpretation of Certain Words ' 01) Thewords'acceptable','approvar,'authorized', 01) Final Acceptance shall be deemed to occur 'considered necessary', 'directed', 'required', when the Contract Administrator is satisfied that,to the 'satisfactory', or words of like import, shall mean best of the Contract Administrator's knowledge at that approval of, directed, required, considered necessary time,the Contractor has rectified all imperfect work and or authorized by and acceptable or satisfactory to the has discharged all of the Contractor's obligations under Contract Administrator unless the context clearly the Contract. indicates otherwise. Y OPS General Conditions of Contract 6 OPS General Conditions of Contract ' C7 SECTION GC2 CONTRACT DOCUMENTS Au � gust 1990 GC201 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 ' (a) Agreement (b) other standard specifications, such as those (b) Addenda produced by CSA, CGSB, ASTM and ANSI, (c) Special Provisions and referenced in the Ontario Provincial ' (d) Contract Drawings Standard Specifications. (e) Standard Specifications (f) Tender 04) The Contract Documents are complementary, (g) Supplemental General Conditions and what is required by any one shall be as.binding as ' (h) General Conditions if required by all. OPS General Conditions of Contract 1 OPS General Conditions of Contract 9 SECTION GC3 ADMINISTRATION OF THE CONTRACT August 1990 ' GC3.01 Contract Administrator's 09) The Contract Administrator will be, in the first Authority instance,the interpreter of the Contract Documents and the judge of the performance thereunder by both 01) The Contract Administrator will be the Owner's parties to the Contract.Interpretations and decisions of representative during construction and until the the Contract Administrator shall be consistent with the issuance of the Completion Certificate,or the issuance intent of the Contract Documents and in making these of the Final Acceptance Certificate whichever is later. decisions the Contract Administrator will not show ' All instructions to the Contractor including instructions partiality to either party. from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the 10) The Contract Administrator will have the ' authority to act on behalf of the Owner only to the authority to reject work or Material which does not extent provided in the Contract Documents. conform to the Contract Documents. 02) All claims,disputes and other matters in question 11) Defective work, whether the result of poor ' relating to the performance and the quality of the Work workmanship, use of°defective,material,•,or damage or the interpretation of the Contract Documents shall be through carelessness or other act or omission of the initially referred to the Contract Administrator in writing Contractor and whether incorporated in the Work or by the Contractor. The Contract Administrator will give not, which has been rejected by the Contract a decision in writing within a reasonable time. Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work 03) The Contract Administrator will inspect the Work by the Contractor and replaced or re-executed ' for its conformity with the plans and specifications,and promptly in accordance with the Contract Documents to record the necessary data to establish payment at no additional cost to the Owner. quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of 12) Any part of the Work destroyed or damaged by the work completed in the case of a lump sum price such removals, replacements or re-executions shall be contract. made good, promptly, at no additional cost to the Owner. 04) The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts 13) If, in the opinion of the Contract Administrator, as provided for in Section GC8, Measurement and it is not expedient to correct defective work or work not Payment. performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to 05) The Contract Administrator will with reasonable the Contractor the difference in value between the work promptness review and take appropriate action upon as performed and that called for by the Contract ' the Contractor's submissions such as shop drawings, Documents,the amount of which will be determined in product data, and samples in accordance with the the first instance by the Contract Administrator. Contract Documents. 14) Notwithstanding any inspections made by the 06) The Contract Administrator will investigate all Contract Administrator 'or ­the issuance of any allegations of a change in the character of the Work certificates or the making of any payment by the made by the Contractor and issue appropriate Owner, the failure of the Contract Administrator to instructions. reject any defective work or Material shall not constitute 07) The Contract Administrator will prepare Change acceptance of defective work or Material. Orders for the Contractor's signature and the Owner's ' approval. 15) The Contract Administrator will have the authority to temporarily suspend the Work for such 08) Upon written application by the Contractor, the reasonable time as may be necessary to facilitate the Contract Administrator and the Contractor will jointly checking of any portion of the Contractor's conduct an inspection of the Work to establish the date construction layout or the inspection of any portion of of substantial performance of the Work and/or the date the Work. There shall not be any extra compensation of Completion of the Work. for this suspension of work. OPS General Conditions of Contract 10 GC3.02 Working Drawings make alterations in the method, Equipment or work force at any time the Contract Administrator considers 01) The Contractor shall arrange for the preparation the Contractor's actions to be unsafe, or damaging to of clearly identified and dated Working Drawings as either the Work or existing facilities or the environment. ' called for by the Contract Documents. The Contractor shall after the sequence of operations 02) The Contractor shall submit Working Drawings on the Contract, when requested in writing, so as to to the Contract Administrator with reasonable avoid interference with other work. promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the 02) Notwithstanding the foregoing, the Contractor Contract Administrator so requests they shalt 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 pants. 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 t — 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. 4 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 shall keep one set of the operations to the Working Area. Should the Contractor reviewed Working Drawings, marked as above, at the require more space than that shown on the Contract site at all times. Drawings,the Contractor shall obtain such space at no GC3.03 Right of the Contract additional cost to the Owner. 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 11 GC3.07 Extension of Cor*W 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 t 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 '4 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 1 the Owner, Contract Administrator, other the Subcontractor with whom it is intended. contractors,or anyone employed or engaged by them directly or indirectly, contrary to the 03) The Contract Administrator will, within 10 days provisions of the Contract Documents; or of receipt of such notification, accept or reject the intended Subcontractor. The rejection will be in writing (b) a stop work order issued by a court or public and will include the reasons for the rejection. authority, provided that such order was not ' issued as the result of an act or omission of the 04) The Contractor shall not, without the written Contractor or anyone employed or engaged by consent of the Owner, change a Subcontractor who the Contractor directly or indirectly; or has been engaged in accordance with this General Condition. ' (c) the Contract Administrator giving notice under subsection GC7.09, Suspension of Work; or 05) The Contractor shall preserve and protect the rights of the parties under the Contract with respect to (d) abnormal inclement weather; the work to be performed under subcontract and shall ' then the Contractor shall be reimbursed by the Owner (a) enter into agreements with the intended for reasonable costs incurred by the Contractor as the Subcontractors to require them to perform their result of such delay, provided that in the case of an work in accordance with the Contract application for an extension due to abnormal inclement Documents; and '' OPS General Conditions of Contract 12 (b) be as fully responsible to the Owner for acts and Disputes or payment may be made according to the omissions of the Contractor's Subcontractors conditions contained in clause GC8.02.04,Payment on and of persons directly or indirectly employed a Time and Material Basis. by them as for acts and omissions of persons ' directly employed by the Contractor. GC3.11.03 Additional Work 06) Neither a subcontracting, nor the Owner's 01) The Owner,or Contract Administrator where so consent to a subcontracting by the Contractor,shall be authorized, may request the Contractor to perform construed to relieve the Contractor from any obligation Additional Work without invalidating the Contract. If the under the Contract or to impose any liability upon the Contractor agrees to perform Additional Work, the Owner. Nothing contained in the Contract Documents Cnntractor shall proceed with such work upon receipt shall create a contractual relationship between a of a Change Order. Subcontractor and the Owner. 02) The Contractor may apply for an extension of GC3.11 Changes in the Work, Extra Contract Time according to the terms of subsection Work and Additional Work GC3.07, Extension of Contract Time. GC3.11.01 Changes in the Work 03) Payment for the Additional Work may be negotiated pursuant to subsection GC3.14, Claims, 01) The Owner, or the Contract Administrator where Negotiations, Disputes, or payment may be made so authorized,may, by order in writing, make Changes according to the conditions contained in clause in the Work without invalidating the Contract. The GC8.02.04, Payment on a Time and Material Basis. Contractor shall not be required to proceed with a change in the Work until in receipt of a Change Order. GC3.12 Notices Upon the receipt of such written order the Contractor shall proceed with the work. 01) Any notice permitted or required to be given to ' the Contract Administrator or the Superintendent in 02) The Contractor may apply for an extension of respect of the Work shall be deemed to have been Contract Time according to the terms of subsection given to and received by the addressee on the date of GC3.07, Extension of Contract Time. delivery if delivered by hand or by facsimile transmission and on the fifth day after the date of 03) If the Changes in the Work relate solely to mailing if sent by mail. quantities, payment for the work will be made according to the conditions specified in clause 02) The Contractor and the Owner shall provide GC8.01.02, Variations in Tender Quantities. If the each other with the mailing addresses, telephone Changes in the Work do not solely relate to quantities, numbers and facsimile terminal numbers for the payment may be negotiated pursuant to subsection Contract Administrator and the Superintendent at the GC3.14, Claims, Negotiations, Disputes or payment commencement of the Work. ' may be made according to the conditions contained in clause GC8.02.04, Payment on a Time and Material 03) In the event of an emergency situation or other Basis. urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that GC3.11.02 Extra Work such notice is confirmed in writing. 04) Any notice permitted or required to be given to 01) The Owner, or Contract Administrator where so the Owner or the Contractor shall be given in authorized, may instruct the Contractor to perform accordance with the notice provision of the Agreement. Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the GC3.13 Use and Occupancy of the Work Extra Work until in receipt of a Change Order. Upon Prior to 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 OPS General Conditions of Contract f 13 shall not constitute an acceptance of the Work or parts Material basis In accordance with clause Goo oz04, 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 descn'bed In clause GC3.14.o5, 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 Contirugnce 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 Payer 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. r01) Should the Contractor disagree with the opinion GC3.14.07 Rights of Both Parties given in paragraph 05) of clause GC3.14.01, Claims Procedure, with respect to any part of the claim, the 01) It is agreed that no action taken under this Contract Administrator will enter into negotiations with subsection by either party shall be construed as a the Contractor to resolve the matters in dispute. Where renunciation or waiver of any of the rights or recourses a negotiated settlement cannot be reached and it is available to the parties,provided that the requirements agreed that payment cannot be made on a Time and set out in this subsection are fulfilled. OPS General Conditions of Contract 14 i 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: . (a) A dispute between the parties must exist; 05) The board may appoint experts to assist it 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 Casts award of the arbitrators. GC3.15.02 Arbitration Procedure 01) Each party shall pay the cost of its appointee. 01) The following provisions are to be included in 02) The fee for the chairman will be shared equally. 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 (a) All existing actions in respect of the matters assist the board will be shared equally. 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 Nearing 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 ddi ons of Contract 15 SECTION GC4 OWNER'S RESPONSIBUTIES AND RIGHTS August 1990 GC4.01 Working Area the default within 5 Working Days. D 01) The Owner will acquire all property rights which GC4.06 Contractor's Right to Correct a are deemed necessary by the Owner for the Default construction of the Work including temporary working easements and will indicate the full extent of the 01) The Contractor shall have the right within the 5 Working Area on the Contract Drawings. full Working Days following the receipt of a notice of default to correct the default and provide the Owner GC4.02 Management and 1314position 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 shalt:not-be in materials which will necessitate special materials default if the Contractor management and disposition. (a) commences the correction of the default within 02) The Owner will be responsible for any additional the 5 full Working Days following receipt of the costs of removing,management and disposition of any notice; material not identified in the Contract Documents, or where conditions exist that could not have been (b) provides the Owner with an acceptable reasonably foreseen at the time of tendering. schedule for the progress of such correction; and GC4.03 Construction Affecting Railway Property (c) completes the correction in accordance with such schedule. 01) The Owner will pay the costs of all flagging and other traffic control measures required and provided by GC4.07 Owner's Right to Correct Default the railway company. 01) If the Contractor fails to correct the default within the time specified in subsection GC4.06, GC4.04 Default by the Contractor Contractor's Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other ` 01) The Contractor shall be in default of the Contract right or remedy the Owner may have,may correct such if default and deduct the cost thereof, as certified by the . Contract Administrator, from any payment then or (a) the Contractor fails to commence the Work or thereafter due to the Contractor. execute the Work properly or otherwise fails to comply with the requirements of the Contract to 1 a substantial degree; or GC4.08 Termination of Contractor's (b) if the Contractor is adjudged bankrupt or makes Right to Continue the Work 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 GG4.05 Notification of Default right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or 01) The Owner will give written notice of a default to in part by giving written notice to the Contractor. the Contractor as soon as the Owner becomes aware of the alleged default but failure to give such notice in 02) If the Owner terminates the Contractor's right to a timely way shall not constitute condonation of the continue with the Work in whole or in part, the Owner default. The notice will include instructions to correct will be entitled to OPS General Conditions of Contract 16 1 (a) take possession of the Working Area or that withheld from the Contractor under subsection GC4.08, portion of the Working Area devoted to that part Termination of the 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 estateor 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 Ohti Contractor that may be required under subsection GC7.15, Warranty; 01) The Contractor's obligation under the Contract as to quality, correction and warranty of the Work (f) charge the Contractor for any damages the performed prior to the time of termination of the Owner may have sustained as a result of the Contract or termination of the Contractor's right to i default; and continue with the Work in whole or in part shall (g) charge the Contractor the amount by which the continue to be in force after such termination. cost of corrections to the Work under subsection GC7.15, Warranty, exceeds the GC4.12 Use of Performance Bond allowance provided for such corrections. 01) If the Contractor is in default of the Contract and GC4.09 Final Payment to Contractor the Contractor has provided a Performance Bond,the provisions of this Section shall be exercised in 01) If the Owner's cost to correct and complete the accordance with the conditions of the Performance Work in whole or in part is less than the amount Bond. l OPS General Conditions of Contract 17 SECTION GC5 MATERIAL August 1990 i GC5.01 Supply of Material work site expeditiously after the notification to that effect from the Contract Administrator. Where the 1 01) All Material necessary for the proper completion Contractor fails to comply with such notice the of the Work,except that listed as being supplied by the Contract Administrator may cause the rejected Material Owner, shall be supplied by the Contractor. The to be removed from the site and disposed of in what contract prices for the appropriate tender items shall be the Contract Administrator considers to be the most deemed to include full compensation for the supply of appropriate manner and the Contractor shall pay the such Material. costs of disposal and the appropriate, overhead charges. GC5.02 Quality of Material GC5.04 Substitutions 01) All Material provided by the Contractor shall be new. 01) Where the specifications require the Contractor to supply a Material designated by a trade or other 02) Material supplied. by the . Contractor shall name, the tender shall be based only upon supply of conform to the requirements of the Contract. the Material so designated,which shall be regarded as the standard of quality required by the specification. 03) As specified or as requested by the Contract After the acceptance of a tender, the Contractor may Administrator, the Contractor shall make available for apply to the Contract Administrator to substitute inspection or testing a sample of any Material to be another Material identified by a different trade or other provided by the Contractor. name for the Material designated as aforesaid. The application shall be in writing and shall state the price 04) The Contractor shall obtain for the Contract for the proposed substitute Material designated as Administrator the right to enter upon the premises of aforesaid, and such other information as the Contract the Material manufacturer or supplier to carry out such Administrator may require. inspection, sampling and testing as specked 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. U3) 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 s III � pecked 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 Work under the adequate and proper storage facilities acceptable to Contract. the Contract Administrator; and on the receipt of such Material shall promptly place it in storage except where it is to be incorporated forthwith into the Work. 05) Empty reels,crates,containers and other types of packaging from Material supplied by the Owner shall 02) The Contractor shall be responsible for become the property of the Contractor when they are acceptance of Material supplied by the Owner, at the no longer required for their original purpose and shall specified delivery point and for its safe handling and be disposed of by the Contractor unless..otherwise storage. If such Material is damaged while under the specified in the Contract Documents. control of the Contractor it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. 06) The Contractor shall provide the Contract If such Material is rejected by the Contract Administrator, immediately upon receipt of each Administrator for reasons which are not the fault of the shipment, copies of bills of lading, or such other Contractor it shall remain in the care and at the risk of documentation the Contract Administrator may require the Contractor until its disposition has been determined to substantiate and reconcile the quantities of Material by the Contract Administrator. received. 03) Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where 07) Where Material supplied by the Owner is there are discrepancies between the quantities received ordered and stockpiled prior to the award of the and the quantities shown on the bills of lading, the Contract, the Contractor shall, at no extra cost to the Contractor shall immediately report such damage or Owner, immediately upon commencement of discrepancies to the Contract Administrator who shall operations, check the Material, report any damage or 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 l SECTION G06 INSURANCE, PROTECTION AND DAMAGE August 1990 G06.01 Protection of Work Persons the failure to perform the Work, provided such claims and Property are 01) The Contractor, the Contractor's agents and all (a) attributable to bodily injury, sickness, disease, workers employed by or under the control of the or death or to damage to or destruction of Contractor, including Subcontractors, shall protect the tangible property; Work, persons and property from. damage or injury, and shall be responsible for all losses and damage (b) caused by negligent acts or omissions of the which may arise as the result of the Contractor's Contractor or anyone for whose acts the operations under the Contract unless indicated to the Contractor may be liable; and contrary below. (c) made in writing within a period of 6 years from 02) The Contractor is responsible for the full cost of the date of Substantial Performance of the Work any necessary-_.temporary_, .provisions .and .the as set out -in-the -Certificate of Substantial restoration of all damage, where the Contractor Performance of the Work or,where so specified damages the Work or property in the performance of in the Contract from the date of certification of the Contract. If the Contractor is not responsible for Final Acceptance. the damage that occurs to the Work or property the Contractor shall restore such damage, and such work 02) The Contractor shall indemnify and hold shall be administered according to these General harmless the Owner from all and every claim for Conditions. damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the 03) The Contractor shall immediately inform the Contractor in connection with work performed or Contract Administrator of all damage and injuries which material furnished by the Contractor under the occur during the term of the Contract. Contract. 04) The Contractor shall not be responsible for loss 03) The Owner expressly waives the right to :. and damage that occurs as a result of indemnity for claims other than those stated above in (a) war; paragraphs 01) &02). II (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 Contractors 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 g ,.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 G06.03.02 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 LiabrTrty 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 1 thereafter to be maintained for a further period of 4 acceptable to the Owner. The policies shall be years. endorsed to provide the Owner with not less than 30 days'written notice in advance of cancellation, change 04) The Contractor shall submit annually to the or amendment restricting coverage. Owner, proof of continuation of the completed operations coverage and failure of the Contractor to do GC6.03.05 Property and 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 specified to be provided by the Owner building or land, IBC Form 2100 as required shall for incorporation into the Work, with a deductible not include the appropriate endorsements. exceeding 1%of the amount insured at the site of the Work. This insurance shall be in a form acceptable.to 06) The policies shall be endorsed to provide the the Owner and shall be maintained continuously until Owner with not less than 30 days written notice in 10 days after the date of Final Acceptance of the Work, advance of cancellation, change or amendment as set out in the certificate of Final Acceptance of the restricting overage. Work. 07) "Claims Made" insurance policies will not be G06.03.05.02 Boiler Insurance permitted. 01) Boiler insurance insuring the interests of the GC6.03.03 Automobile Liability Insurance Contractor,the Owner and the Contract Administrator for not less than the replacement value of boilers and 1 01) Automobile liability insurance in respect of pressure vessels forming part of the Work,shall be in / OPS General Conditions of Contract _ C a form acceptable to the Owner. This insurance shall responsibility by the terms of this Contract. 21 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 beat 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 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 P.,ayment for...l oss.�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 specified otherwise the Contractor shall reimbursement of such costs the Owner may deduct be responsible for the payment of deductible amounts the costs thereof from monies which are due or may under the policies. become due to the Contractor. 06) If the Contractor fails to provide or maintain GC6.04 Bonding insurance as required in this General Condition or elsewhere in the Contract Documents,then the Owner 01) The Contractor shall provide the Owner with the will have the right to provide and maintain such surety bonds in the amount required by the tender insurance and give evidence thereof to the Contractor. documents. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. 02) Such bonds shall be issued by a duly licensed surety company authorized to transact a business of 07) If the Contractor fails to pay the cost of the suretyship in the Province of Ontario and shall be insurance placed by the Owner within 30 days of the maintained in good standing until the fulfilment of the date on which the Owner made a formal demand for Contract. I r I OPS General Conditions of Contract 23 SECTION GC7 CONTRACTOR'S RESPONSIBILMES AND CONTROL OF THE WORK August 1990 GC7.01 General shall not' the Contract Administrator of the he 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. 04) The Contractor shall have the sole responsibility 10) Where the Contractor finds any errors, for the design, erection, operation, maintenance and inconsistency or omission relating to the Contract,the removal of temporary structures and other temporary Contractor shall promptly report it to the Contract facilities and the design and execution of construction Administrator and shall not proceed with the activity methods required in their use. affected until receiving direction from the Contract Administrator. 05) Notwithstanding paragraph 04) of subsection 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 specked 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,for the execution of ..responsible for any damage done to the underground the Work. utilities by the Contractor's forces during construction if the stake out locations are within the tolerances given 06) The Contractor shall be responsible for in subsection GC2.01, Reliance on Contract construction health and safety within the working areas Documents. The Contractor shall be responsible for and for compliance with the Occupational Health and any damage done to the service connections. Safety Act and Regulations. So as to avoid any misunderstanding as to the extent of the Contractor's responsibility,the Contractor,by executing the Contract GC7.02 Layout unequivocally acknowledges that the Contractor is the Constructor within the meaning of the Act. 01) Prior to commencement of construction, the Contract Administrator and the Contractor will locate on 07) The Contractor shall have an authorized site those property bars, baselines and benchmarks representative on the site while an work is being which are necessary t Y 9 ry o 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 LoarSng of Motor Vdx*s 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 Working Area to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the 01) The Contractor shall maintain the Working Area Contract Administrator of any layout work carried out, in a tidy condition and free from the accumulation of so that the same may be checked by the Contract debris, other than that caused by the Owner or others. Administrator. GC7-06 Maintaining Roadways and 05) The Contractor shall install and maintain Detours substantial alignment markers and secondary benchmarks as may be required for the proper 01) Where an existing Roadway is affected by execution of the Work. The Contractor shall supply construction, it shall be kept open to traffic, and the one copy of all alignment and grade sheets to the Contractor shall, except as otherwise provided in this Contract Administrator. subsection, be responsible for providing and maintaining for the duration of the Work, a road 06) The Contractor shall assume full responsibility through the Work,whether along an existing Highway, 4 for alignment, elevations and dimensions of each and including the road under construction, or on detours i all parts of the Work, regardless of whether the within or adjacent to the Highway, in accordance with Contractor's layout work has been checked by the the Manual of Uniform Traffic Control Devices Contract Administrator. (MUTCD). 07) All stakes, marks and reference points provided 02) The Contractor shall not be required to maintain by the Contract Administrator shall be carefully a road through the Working Area until such time as the preserved by the Contractor. In the case of their Contractor has commenced operations or during destruction or removal, such stakes, marks and seasonal shut down or on any part of the Contract that reference points will be replaced by the Contract has been accepted in accordance with these General Administrator at no extra cost to the Owner. Conditions. GC7 03 03) Where localized and separated sections of the Damage by Vehicles or Other Highway only are affected by the Contractor's Equipment operations, the Contractor will not be required to maintain Intervening sections of the Highway until such 01) If at any time, in the opinion of the Contract times as these sections are located within the limits of Administrator, damage is being done or is likely to be the Highway affected by the Contractor's general done to any roadway or any improvement thereon, operations under the Contract. The Contractor shall outside the Working Area, by the Contractor's vehicles not be required to apply deicing chemicals or or other equipment, whether licensed or unlicensed abrasives or carry out snowplowing. equipment,the Contractor shall,on the direction of the Contract Administrator, and at no extra cost to the 04) Where the Contract Document provides for or Owner, make changes or substitutions for such the Contract Administrator requires detours at speck vehicles or equipment, and shall 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, will be made at the Administrator. appropriate to such work. Contract prices 1 OPS General Conditions of Contract 25 05) The Owner will bear the cost of maintaining,in a 02) The Contractor shall provide at all times and at satisfactory condition for traffic, a road through the no extra cost to the Owner access to fire hydrants,and Working Area The road through the Work will include water and gas valves located in the Working Area. any detour constructed in accordance with the Contract Documents or required by the Contract 03) Where any interruptions in the supply of utility Administrator. Compensation for all tabour,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,_vuhen. directed,by,the_Contract. subsection, the Contractor-shall obtain any-permits, Administrator, open.and place--the. roadway and -licenses, and certificates required for the performance detours in a passable, safe and satisfactory condition of the Work which are in force at the date of tender for public travel. closing. 07) Where the Contractor constructs a detour which 02) The Owner will obtain and pay for the is not specifically provided for in the Contract necessary plumbing and building permits. Document, or required by the Contract Administrator, the construction of the detour and, if required, the 03) The Contractor shall arrange for all necessary subsequent removal shall be performed at the inspections. Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards GC7.09 Suspension of Work approved by the Contract Administrator. Removal shall be performed as directed by the Contract 01) The Contractor shall, upon written notice from Administrator. the Contract Administrator,discontinue or delay any or all of the Work and work will not be resumed until the 08) Where,with the written approval of the Contract Contract Administrator will, in writing, so direct. Administrator, the Highway is closed and the traffic Delays, in these circumstances, will be administered diverted entirely off the Highway to any other Highway, according to subsection GC3.08, Delays. the Contractor shall, at no extra cost to the Owner, supply and erect traffic control devices in accordance with the MUTCD. GC7.10 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 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 (b) continuity of utility services to properties the Contract. adjoining the Working Area 03) The Contractor may notify the Owner in writing, OPS General Conditions of Contract i 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 4 GC7.11 Notices by the Contractor Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not 01) Before work is carried out which may affect the carry on operations under the Contract on Sundays property or operations of any Ministry or agency of without permission in writing from the Contract government or any person, company, partnership or Administrator. corporation, including a municipal corporation or any board or commission thereof, and in addition to such 02) The Contractor shall cooperate with other notices of the commencement of specified operations Contractors, utility companies and the Owner and they as are prescribed elsewhere in the Contract Document, shall be allowed access to their work or plant at all the Contractor shall give at least 48 hours advance reasonable times. written notice of the date of commencement of such work to the person,company,partnership,corporation, board, or commission so affected. GC7.14 Cleaning Up Before Acceptance 02) In the case of damage to, or interference with 01) Upon attaining Substantial Performance of the any utilities, pole lines, pipe lines, conduits,farm tiles, Work, the Contractor shall remove surplus materials, or other public or privately owned works or property; tools, construction machinery and equipment not the Contractor shall immediately notify the Owner and required for the performance of the remaining work. the Contract Administrator of the location and details of The Contractor shall also remove all temporary works such damage or interference. and debris other than that caused by the Owner, or others and leave the Work and Working Area clean and GC7.12 Obstructions suitable for occupancy by the Owner unless otherwise specified. 01) Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction 02) The Work shall not be deemed to have reached encountered in the performance of the Work and any Completion until the Contractor has removed surplus traffic conditions, including traffic conditions on any materials, tools, construction machinery and highway or road giving access to the Working Area equipment. The Contractor shall also have removed caused by such obstructions, and the Contractor shall debris,other than that caused by the Owner,or others. i OPS General Conditions of Contract . 27 GCT.15 Warranty Performance of the Work, or where there is no i Substantial Performance certificate,12 months from the 01) The Contractor shall be responsible for the date of Completion of the Work as set out in the proper performance of the Work only to the extent that Completion Certificate or such longer periods as may the design and specifications permit such performance. be specified for certain materials or work. The Contract Administrator will promptly give the Contractor 02) Subject to the previous paragraph the Contractor written notice of observed defects or deficiencies. shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work which appear prior to and during the period of 12 months 03) The Contractor shall correct or pay for damage from the date of Substantial Performance of the Work, resulting from corrections made under the as set out in the Certificate of Substantial requirements of paragraph 02) of this subsection. r OPS General Conditions of Contract 28 I I i l OPS General Conditions of Contract ' 29 SECTION GC8 MEASUREMENT AND PAYMENT August 1990 GC8.01 Measurement (b) In the case of a Major item where the quantity of work performed and/or material supplied by GC8.01.01 Quantities the Contractor is less than 85% of the tender quantity,either 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 and/or supplying the Administrator will provide the copy of each estimate to material under the tender item plus a the Contractor within 10 days of the Cut-Off Date. reasonable allowance for profit and applicable overhead. Alternatively, where both parties 02) Such quantities for progress.payments.shall_be agree, an allowance equal-to 10% of the unit construed and held to be approximate. The final price on the amount of the underrun which is quantities for the issuance of the Completion Payment less than 85% of the tender quantity will be Certificate shall be based on the measurement of the paid. work completed. GC8.02 Payment 03) Measurement of the quantities of the work will be either by Actual Field Measurement or by Plan Quantity GC8.02.01 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 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). •written request to the other parry to negotiate • revised unit price for that portion of the Work (b) The value of aggregates, processed and performed and/or material supplied which stockpiled, shall be assessed by the following exceeds 115% of the tender quantity. The procedure: negotiation shall be carried out as soon as reasonably possible. Any revision of the unit (i) Sources Other Than Commercial price shall be based on the actual cost of doing the work and/or supplying the material under the (A) Granular'A', V and 'M' shall be tender item plus a reasonable allowance for assessed at the rate of 60% of profit and applicable overhead. the contract price. OPS General Conditions of Contract 30 (B) Coarse and fine aggregates for hot mix GC8.01.01, Quantities. asphaltic concrete, surface treatment and Portland cement concrete shall be 02) The progress Payment Certificate will show assessed at the rate of 25% of the contract price for each aggregate (a) the quantities of work performed; ' stockpiled. (b) the value of work performed; (11) Commercial Sources (c) the amount of statutory holdback,liens,owners ' Payment for separated coarse and, fine set-off; and aggregates will be considered, at the above rate, when such materials are (d) the amount due the Contractor. ' stockpiled at a commercial source where further processing is to be carried out 03) One copy of the progress Payment Certificate before incorporating such materials into a will be sent to the Contractor. final product. Advance payments for other materials located at a commercial 04) Payment will be made within 30 days of the Cut- source will not be made. off Date. (c) Payment for all other materials, unless otherwise specked elsewhere in the Contract, shall be GC8.02.03.02 Certification of Subcontract based on the invoice price, and the Contractor Completion shall submit proof of cost to the Contract Administrator before payment can be made by -01) Before the Work has reached the stage of the Owner. substantial performance,the Contractor may notify the Contract Administrator, in writing that a subcontract is (d) The payment for all materials shall be prorated completed satisfactorily and ask that the Contract against the appropriate tender item by paying for Administrator certify the completion of the subcontract. sufficient units of the item to cover the value of the material. Such payment shall not exceed 02) The Contract Administrator will issue a 80% of the Contract price for the item. Certificate of Subcontract Completion if the subcontract 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 Certification and Payment submits the following to the Contract Administrator: GC8.0203.O1 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 Contract GC8.0203.05, Substantial Performance Payment and Administrator that the Subcontractor has Statutory Holdback Release Payment Certificates,shall discharged all incurred liabilities in carrying out commence from the date of publication of the the subcontract; Certificate of Substantial Performance as provided for above. (c) a satisfactory clearance certificate or letter from the Workers'Compensation Board relating to the GC8.0203.05 Substantial Performance subcontract; and Payment and Statutory 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 I Subcontractors in carrying out the Contract have (b) a statutory declaration in a form satisfactory to been discharged except for statutory holdbacks the Contract Administrator that all liabilities properly retained; incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract (c) a satisfactory Certificate of Clearance from the have been discharged, qualified by stated ' Workers' Compensation Board; and exceptions where appropriate; and (d) proof of publication of the Certificate of (c) a satisfactory Certificate of Clearance from the Substantial Performance. Workers' Compensation Board. GC8.02.03.06 Certification of Completion GC8.02.03.08 Interest 01) Upon application by the Contractor, and when 01) Interest due the Contractor is based on simple the Contract reaches Completion, the Contract interest and is calculated using the applicable Rates of Administrator will issue a Completion Certificate. Interest. ' 02) The Contract Administrator.-will,set out in the GC8.02.03.09 Interest for Late Payment Completion Certificate the date on which the Work was completed and within 7 days of signing the said 01) When the Contractor has complied with the ' certificate the Contract Administrator will provide a requirements of the Contract and when payment by the copy to the Contractor. Owner to the Contractor for work performed, or for release of statutory holdback,is delayed by the Owner, GC8.0203.07 Completion Payment and then the Contractor shall be entitled to payment for ' Statutory Holdback Release Work performed at the Rate(s) of Interest from a date Payment Certificates or dates derived from the following: 01) When the Contract Administrator issues the Completion Certificate, the Contract Administrator will (a) Progress Payment: a date 30 days after the also issue the Completion Payment Certificate and the Cut-off Date; Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. (b) Subcontract Completion and Subcontract ' Statutory Holdback: a date 75 days after the 02) The Completion Payment Certificate will show date the subcontract is certified complete; ' (a) measurement and value of work at completion; (c) Substantial Performance and Statutory Holdback: a date 75 days after the date the (b) the amount of the further statutory holdback Certificate of Substantial Performance is based on the value of further work completed published; over and above the value of work completed shown in the Substantial Performance Payment (d) Completion and Holdback: a date 75 days Certificate referred to above; and after the date the Contract is certified complete. (c) the amount due the Contractor. GC8.02.03.10 Interest for Negotiations and 03) The Completion Statutory Holdback Release Claims Payment Certificate will be a payment certificate 01) Except as hereinafter provided, where a notice releasing to the Contractor the further statutory of negotiation, notice of intent to claim and the holdback. Payment of such statutory holdback shall subsequent claims are submitted in accordance with be made after 45 days from the date of completion of the time limits and/or procedure described by the Work as established by the Completion Certificate subsection GC3.14,Negotiations,Claims,Disputes,the but subject to the provisions of the Construction Lien Owner will pay the Contractor the Rate(s)of Interest on Act and the submission by the Contractor of the the amount of the negotiated price for the work or on ' following documents: the amount of the settled claim. Such interest will not commence until 30 days after the satisfactory (a) a release by the Contractor in a form satisfactory completion of the work. to the Contract Administrator releasing the Owner from all further claims relating to the 02) Where the Contractor does not attempt to Contract, qualified by stated exceptions where resolve the negotiation or the claim, In an expeditious appropriate; manner, interest shall be negotiable. OPS General Conditions of Contract 33 03) Where the Contractor fails to give notice of a 'Cost of Material' means the cost of material claim within the time limit prescribed by subsection purchased, or supplied from stock, and valued at GC3.14, Negotiations, Claims, Disputes, interest shall current market prices, for the purpose of carrying out not be paid. extra work, by the Contractor,or by others when such arrangements have been made by the Contractor for 04) Where a Contractor fails to comply with the completing the Work, as shown by itemized invoices. ' 30-day time limit and the procedures prescribed by subsection GC3.14,Negotiations,Claims,Disputes,for "Payroll Burden" means the payments in respect of submission of claims, interest shall not be paid for the Workers'compensation,vacation pay, unemployment delay period. insurance, public liability and property damage insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments GC8.0203.11 Owner's Set-off forming part of the Contractor's normal labour costs and shall include any cost or expense as the Contract 01) Pursuant to Section 12 of the Construction Lien Administrator may approve, which has been incurred Act 1983 - Set-off by Trustee, the Owner may retain by the Contractor for travel, travel time, food, lodging from monies owing to the Contractor:under.this:or any or similar items. - ' other contract an amount sufficient to cover any outstanding or disputed liabilities including..the:cost-to .'Rented Equipment" means equipment that is rented° remedy deficiencies, the reduction in value of or leased for the special purpose of Work on a Time substandard portions of the Work,claims for damages and Material Basis from a person, firm or corporation by third parties which have not been determined in that is not an associate or affiliate of the lessee as writing by the Contractor's insurer, undetermined defined by the Securities Act, RSO 1980, Chapter 466, claims by the Owner under paragraph (a) of clause and is approved by the Contract Administrator. GC8.01.02, Variations in Tender Quantities, any assessment due the Workers' Compensation Board "Operated Rented Equipment" means Rented and any monies to be paid to the workers in Equipment rented or leased for the special purpose of accordance with clause GC8.02.06, Payment of Work on a Time and Material Basis for which an Workers. operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the 02) Under these circumstances the Owner will give operator. the Contractor appropriate notice of such action. 'Road Work' means the preparation, construction, GC8.0203.12 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. 4.01 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, 1 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 ti "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 GC8.0204.06 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 Tme 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°.6 of the engaged on a specific operation and the first 2 hours portion in excess of$10,000; and of each immediately following period during which the ' unit is not so engaged but during which the operation (c) Cost greater than $20,000 - $19,000 plus 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/. of the invoice price approved by the Contract Administrator up to a GC8.02.04.02 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. t01) Payment as herein provided shall be full compensation for all labour, Equipment and Material to GC8.0204.06.02 Standby Time do the work on a Time and Material basis except where there is agreement to the contrary prior to the 01) The Owner will pay the Contractor for Standby commencement of the work on a Time and Material Time of Equipment at 35% of the 127 Rate or 35% of basis. The payment adjustments shall apply to each the invoice price whichever is appropriate. The Owner individual Change Order authorized by the Contract will pay reasonable costs for Rented Equipment where Administrator. this is necessarily retained in the Work Area for extended periods agreed to by the Contract GC8.02.04.04 Payment for Labour Administrator. This will include Rented Equipment 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 1209'0 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 x•02.04.05 Payment for Material period or during the period of Idleness caused by the circumstances giving rise to the Work on a Time and 01) The Owner will pay the Contractor for material Material Basis OPS General Conditions of Contract 35 03) The Contract Administrator may require uire Rented Work. Equipment idled by the circumstances giving rise to ' the Work on Time and Material Basis to be returned to 02) Separate summaries shall be completed by the the Lessor until the work requiring the equipment can Contractor according to the standard form"Summary be resumed. The Owner will pay such costs as result for Payment of Accounts on a Time and Material directly from such return. Basis". Each summary shall include the order number ' and covering dates of the work and shall itemize 04) When equipment is transported, solely for the separately labour, materials and equipment. Invoices purpose of the Work on a Time and Material Basis,to for materials, Rented Equipment and other charges or from the Working Area on a Time and Material incurred by the Contractor on the Work on a Time and Basis, payment will be made by the Owner only in Material Basis shall be included with each summary. respect of the transporting units. When equipment is moved under its own power it shall be deemed to be 03) Each month the Contract Administrator will working. The method of moving equipment and the include with the monthly progress payment certificate, rates shall be subject to the approval of the Contract the costs of the Work on a Time and Material Basis Administrator. incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and GC8.02-04.07 Payment for Hand Tools Material Basis. 01) Notwithstanding any other provision of this 04) The final"Summary for Payment of Accounts on Section, no payment shall be made to the Contractor a Time and Material Basis" shall be submitted by the for or in respect of hand tools or equipment that are Contractor within 60 days after the completion of the tools of the trade. work on a Time an Material Basis. ' GC8.02.04.08 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 d the Contractor had done the work on a GC8.02.06 Payment of Workers Time and Material Basis, plus a markup calculated on the following basis: 01) The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in (a) 200/. of the first$3,000; plus accordance with the labour conditions set out in the Contract and at intervals of not less than twice a (b) 15%of the amount from$3,000 to$10,000; plus month. (c) 5% of the amount in excess of$10,000. 02) The Contractor shall require each Subcontractor doing any part of the Work to pay the workers ' 02) No further markup will be applied regardless of employed by the Subcontractor on the Work in the extent to which the work is assigned or sublet to accordance with this clause. others. If work is assigned or sublet to an associate, as defined by the Securities Act, RSO 1980, Chapter 03) Where any person employed by the Contractor ' 466, no markup whatsoever will be applied. or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in GC8.02.04.09 Submission of Invoices accordance with clause GC8.02.03.11,Owner's Set-off. 01) At the start of the work on a Time and Material Basis, the Contractor shall provide the applicable GC8.02.07 Records labour and equipment rates not already submitted to the Contract Administrator during the course of the 01) The Contractor shall maintain and keep OPS General Conditions of Contract 1 36 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. I � 1 OPS Genera!Conditions of Contract