HomeMy WebLinkAbout2007-228
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2007-228
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Guild Electric
Limited, Toronto, Ontario, to enter into agreement for the
Street Lighting Improvements at Various locations and
Meams Avenue Reccnstruction.
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS
FOllOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Guild Electric Limited, Toronto, Ontario, and said Corporation;
and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and seccnd time this 10th day of December, 2007.
By-law read a third time and finally passed this 10th day of December, 2007.
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CORPORATION OF THE
MUNICIPALITY OF CLARlNGTON
2007 STREET LIGHTING IMPROVEMENTS,
VARIOUS LOCATIONS
CONTRACT NO. CL2007-41
OCTOBER 2007
~~
architects
planners
TSH NO. 12-29658
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: GUILD ELECTRIC UMITED
of the Regional Municipality of Toronto and Province of Ontario
hereinafter called the Contractor
THE PARTY OF THE FIRST PART
- and-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the Purchaser
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or payments
specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies,
labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described
hereafter, furnish all the materials except as herem 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 I ofJ
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
2007 Street Lighting Improvements, Various Locations, Contract No. CL2007-41
Addendum No. I dated November 2, 2007
Addendum No.2 dated November 5, 2007
A. TENDER FORM: General
Itemized Bid
Bonds
Schedule of Tender Data
B. STANDARD TERMS AND CONDITIONS
C. SCHEDULE 'C' - CONTRACTOR'S SAFETY
D. fNSTRUCTIONS TO TENDERERS
E SPECIAL PROVISIONS - GENERAL
F. SPECIAL PROVISIONS - TENDER ITEMS
G. DESIGN GUIDELfNES
H. STANDARD ORA WfNGS
I. PLANS: Drawings No. E I - E7
J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Municipality of Cia ring ton
Specifications.
ru
127 Current 604 Nov. 2004 614 Sept. 1984
128 A r. 2006 609 Apr. 2003 615 Nov. 2006
601 Nov. 2004 610 Nov. 2006 617 Nov. 2005
603 Nov. 1993
K.
GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
All Plans and Documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in
accordance with this agreement on or before May 2, 2008.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor
for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 of3
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED ,.d ='01 "" ""~'~' GUILD E~C ~
) q;::4~ _
~ i); fi V/771 luz",} I 7 .~ u() ;: .
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in the presence of
x!fe} - /(!"*
.~ YzLd ..16; CtA/(t!-(;
~'..-rK ilfhJ /-;l ;"? (}C) 7
Date ' / - .
SIGNED and sealed by the Purchaser: THE CORPORA nON OF THE MUNICIPALITY OF
CLARINGTON
in the presence of
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Date
Date :Tal'! JC<r'j 16, 2 cOt
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CONTRACT NO. CL2007-41
MUNICIPALITY OF CLARINGTON
2007 STREET LIGHTING IMPROVEMENTS - VARIOUS LOCATIONS
ADDENDUM NO.1
Contractors are hereby advised of the following modifications to Contract No. CL2007-41:
SPECIAL PROVISIONS - GENERAL
Clause No.2 "Contract Time and Liquidated Damages" is amended as follows:
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GCL06 of the Genera]
Conditions on or before Friday, May 2,2008. Note that Part A must be completed by
December 21, 2007.
SPECIAL PROVISIONS - TENDER ITEMS
Page 12, Clause 614.07.06 "Quality Control" - Delete the last naralrranh under the sub-heading "Proof of
Performance Testing and Insnection".
Page 13, Clause 24]4.04.02 "Shop Drawings" - Delete the following sentence: "Each shop drawing shall bear
the seal and signature of an Engineer".
Page 14, Clause 2480.04.02 "Shop Drawings" - Delete the following serltence: "Each shop drawing shall bear
the seal and signature of an Engineer".
All tenders must be submitted on the basis of these modifications.
This Addendum shall remain attached to and form part of all tenders submitted.
TSH
Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 5G6
November 2, 2007
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CONTRACT NO. CL2007-41
MUNICIPALITY OF CLARINGTON
2007 STREET LIGHTING IMPROVEMENTS - VARIOUS LOCATIONS
ADDENDUM NO.2
Contractors are hereby advised of the following modification to Contract No. CL2007-41:
SPECIAL PROVISIONS - TENDER ITEMS
SUPPLY CONTROL CABINET ASSEMBLY - ITEMS NO. B5, C5 AND D7
Clause No. 614.04 "SUBMISSION AND DESIGN REQUIREMENTS", Page 9, add the following note:
"Note: Connection fees at all sites will not be the responsibility of the Contractor."
All tenders must be submitted on the basis of this modification.
This Addendum shall remain attached to and form part of all tenders submitted.
TSH
Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 5G6
November 5, 2007
P:\12-29658\SpecsIADD 2.doc
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P:\Depl 12\ 12-29658\Specs\12429- TF -SignDocs.doc
TENDER FOR CONTRACT NO. CL2007-41
2007 STREET LIGHTING IMPROVEMENTS,
VARIOUS LOCATIONS
CORPORATION OF THE MUNICIPALITY OF CLAR1NGTON
TOTTEN SIMS DUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DNISION STREET
COBOURG, ONTARIO. K9A5G6
Telephone: 905-372-2121 Fax: 905-372-3621
Guild Electric Limited
Name
470 Midwest Road
Toronto. Ontario MIP 4Y5
Address (include Postal Code)
Tel: 416-288-8222 Fax: 416-288-0769
Telephone and Fax Numbers
Gary LeoINe!
Name of Person Signing
c.E.O.
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario.
LlC 3A6
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TENDER CONTRACT NO. CL2007-41
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2007-41
2007 Street Lighting Improvements, Various Locations
Dear Mayor and Members of Council:
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as
part of the work to be done under this Contract. The Contractor understands and accepts the said Plans,
Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all
machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in
the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and
Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are subject to
increase, decrease, or deletion entirely if found not to be required.
Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made
payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the
Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100%
Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of
receipt of Notice of Acceptance of the Tender.
Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed
to the Contractor at the address contained in this Tender.
Page 2 of 7 pages
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ITEMIZED BID
CONTRACT NO. CL2007-41
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2007 -41 for the following unit prices.
Spec. No.
SP
(P)
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Item No. Spec No. Description Unit Quantity Unit Price Total
PART A: STREET LIGHTING - DURHAM mGHW A Y 2 STREET LIGHTING-
P A YNES CRESCENT TO PA YNES CRESCENT, NEWTONVILLE
AI 617 Roadway Luminaires and Bracket
SP Assemblies
a) 200W BPS Luminaire, 3.65 m ea 7 973.35 6,813.45
Bracket
Total Part 'A' (carried to Summary) 6,813.45
PART B: INTERSECTION LIGHTING - LAMBS ROAD AND mGHW A Y 2,
BOWMANVILLE
BI 604 Low Voltage Cables Aerial on m 128 5.22 668.16
SP Messenger Cable, #8 A WG Copper
B2 604 Steel Messenger Cable, Aerial, m 64 12.22 782.08
SP 9mm
B3 609 Ground Wires
SP a) #6 A WG Insulated m 64 6.50 416.00
b) #6 A WG Bare m 5 5.40 27.00
B4 609 Ground Electrodes ea 3 124.62 373.86
SP
B5 614 Supply 'A' and Connection ea I 1,852.21 1852.21
SP
B6 615 Wood Poles (J 2.5m), Direct Buried ea 2 1,196.60 2393.20
SP in Earth
B7 615 Guy Anchors ea 2 423.74 847.48
SP
B8 617 Roadway Luminaires and Bracket
SP Assemblies
a) 250W HPS Luminaire, 2.4m ea 2 782.64 1565.28
Bracket
Total Part 'B' (carried to Summary) 8,925.27
PART C: INTERSECTION LIGHTING - CONCESSION ROAD 6 AND REGIONAL
ROAD 57, INTERSECTION LIGHTING, HAMPTON (Provisional)
CI 604 Low Voltage Cables Aerial on m 74 6.77 500.98
SP Messenger Cable, #6 A WG Copper
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ITEMIZED BID
CONTRACT NO. CL2007-41
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2007 -41 for the following unit prices.
Spec. No.
SP
(P)
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Item No. Spec No. Description Unit Quantity Unit Price Total
C2 604 Steel Messenger Cable, Aerial, m 37 18.49 684.13
SP 9mm
C3 609 Ground Wires
SP a) #6 A WG Bare m 4 5.46 21.84
C4 609 Ground Electrodes ea 2 124.62 249.24
SP
C5 614 Supply 'B' and Connection ea I 1,852.21 1852.21
SP
C6 615 Wood Poles (12.5 m), Direct Buried ea I 1,302.53 1302.53
SP in Earth
C7 615 Guy Anchors ea 2 423.74 847.48
SP
C8 617 Roadway Luminaires and Bracket
SP Assemblies
a) 250W UPS Luminaire, 2.4m ea 2 782.56 1565.12
Bracket
Total Part 'C' (carried to Summary) 7,023.53
PART D: STREET LIGHTING MEARNS A VENUE STREET LIGHTING,
SPRUCEWOOD CRESCENT TO CONCESSION ROAD 3,
BOWMANVILLE
DI 603 Rigid Ducts Direct Buried m 120 71.76 8611.20
SP
D2 604 Low Voltage Cables, in Ducts m 240 4.76 1142.40
SP #8 A WG Copper
D3 604 Low Voltage Cables Aerial (Supply m 1592 2.76 4393.92
SP Only), #8 A WG Copper
D4 604 Ground Wires
SP a) #6 A WG Insulated (Supply Only) m 796 4.00 3184.00
b) #6 AWG Insulated m 120 5.84 700.80
c) #6 AWG Bare m 13 5.43 70.59
D5 609 Ground Electrodes ea 7 124.62 872.34
SP
D6 610 Removal of Electrical Equipment LS 679.40 679.40
SP
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ITEMIZED BID
CONTRACT NO. CL2007-41
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2007-4 I for the following unit prices.
Spec. No.
SP
(P)
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
Item No. Spec No. Description Unit Quantity Unit Price Total
D7 614 Supply 'C','D' & 'E' and Connection ea 3 1,852.21 5556.63
SP
D8 615 Concrete Poles (9.9m), Direct Buried ea 2 2,102.52 4205.04
SP in Earth
D9 617 Roadway Luminaires and Bracket
SP Assemblies
a) 150W HPS Luminaire, 3.0m ea 20 657.21 13144.20
Bracket
Total Part 'D' (carried to Summary) 42,560.52
SUMMARY -
Total Part 'A' 6,813.45
Total Part 'B' 8,925.27
Total Part 'C' 7,023.53
Total Part 'D' 42,560.52
Total (excluding GST) 65,322.77
GST (6% oCTotal) 3,919.37
TOTAL TENDER AMOUNT 69,242.14
Tenderer's GST Registration No. R102225034
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AGREEMENT TO BOND (to be completed bv Bondin!! Company)
CONTRACT NO. CL2007-41
Bond No.: SSG8315268-134
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
Guild Electric Limited
in a Performance Bond totaling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour
and Material Payment Bond totaling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and
conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or
described herein, if the Tender for Contract No. CL2007-4l 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.
DATEDAT Toronto
2""
2007
this
day of November
The Dominion of Canada General Insurance Companv
Name of Bonding Company
Cathv Ricci
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
Attornev-in-Fact
Position
(This Form shall be completed and attached to the Tender Submitted).
Page 6 on pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2007-41
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General Pages I and 2
Itemized Bid Pages 3 to 5
Agreement to Bond Page 6
Schedule of Tender Data Page 7
B. STANDARD TERMS AND CONDITIONS Pages I to 9
C. SCHEDULE 'C' - CONTRACTOR'S SAFETY Pages I to 8
D. INSTRUCTIONS TO TENDERERS Pages I to 5
E. SPECIAL PROVISIONS - GENERAL Pages 1 to 10
F. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 19
G. DESIGN GUIDELINES
H. STANDARD DRAWINGS
I. PLANS: Drawings No. EI - E7
J. STANDARD SPECIFICA nONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Municipality of Clarington
Specifications.
m>ssN,.. 'Dam-C'; QI'$$No. Date -Ql'$$iIlo.:_ -,. , -JJIte
127 Current 604 Nov. 2004 614 Sept. 1984
118 Apr. 1006 609 Apr. 1003 615 Nov. 1006
601 Nov. 1004 610 Nov. 1006 617 Nov. 1005
603 Nov. 1993
K. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes
x
No
By my/our signature hereunder, l/we hereby identify this as the Schedule of Tender Data, Plans an"i! Sp<;ci!icai9ns,.
for Contract No. CL2007-41, executed by me/us bearing date the L day of November
read all related document er ta as list ove.
2007 ~d- we hilYe:1"ully '-,
-- -
SIGNATURE:
..: - ~ - - ~ '
(COMPANY SEA-E)
:::. ~
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C.E.O. ~--_
POSITION
NAME OF FIRM Guild Electric Limited
Privacy Lee:islation
Federallegislatlon governs the collection and use of personal infonnation from individuals. We represent and warrant to the owner that we
have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This
personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional
designations and qualifications. ThiS CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent)
for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project
administration, fOT contact purposes.
This is Page 7 of 7 Pages to be submitted as the Tender Submission for Contract No. CL2007-41.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-41
STANDARD TERMS AND CONDITIONS
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STANDARD TERMS AND CONDITIONS
1
The Municipality ofClarington's "Standard Tenns and Conditions" shall apply to this Contract
except where noted below.
. Clause 15 of the "Standard Tenns and conditions" shall be superceded by Clause I,
"Guaranteed Maintenance" of the "Special Provisions - General" Section of the
Contract.
. Clause 23 of the "Standard T enns and Conditions" shall be superceded by Clause
6.03.02 of the OPS General Conditions of Contract (September 1999) which requires a
$5,000,000.00 liability coverage.
. Clause 26 ofthe "Standard Tenns and Conditions" shall be superceded by Clause IS,
"Workplace Hazardous Materials Infonnation System (WHMIS)" of the "Special
Provisions - General" Section of the Contract.
STANDARD TERMS AND CONDITIONS
2
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1. DEFINITIONS
Municipality - The Corporation of the Municipality of Clarington, its succeSSOlS and assigns.
Bidder - The person, finn or corporation submitting a bid to the Municipality.
Company - The person, contractor, finn or corporation to whom the Municipality has awarded the
contract, ~ successors and assigns.
Contract - The purchase order authorizing the company to perfonn the work, purchase order
allerations, the document and addenda, the bid, and surety.
Subcontractor - A person, finn or corporation having a contract with the company for, or any part of,
the work.
Document - The document(s) issued by the Municipality in response to which bids are invited to
perfonn the work in accordance w~ the specifications contained in the documenl.
Bid - An offer by a Bidder in response to the document issued by the Municipafity.
Work - All labour, materials, products, articles, fixtures, services. supplies, and acts required to be
done, fumished or perfonned by the company, which are subject 10 the Contract.
2. SUBMISSION OF BID
Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #2006-
127 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible
for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-
law.
The bid must be submitted on the fonn(s) and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier
envelopes or other coverings.
The bid must be signed by a designated signing offk:er of the Bidder.
If a joint bid is submitted, tt must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewritten. Any fonn of erasure, strikeout or over-writing
must be initialled by the Bidder's authorized signing offICer.
The bid must not be restricted by a covering letter, a statement added, or by alterations to the
document unless otherwise provided herein.
Failure to retum the document or invitation may result in the removal of the Bidder from the
Municipality's bidder's tisl.
A bid received after the closing date and time will not be considered and will be returned, unopened.
Should a dispute arise from the tenns and conditions of any part of the contract, regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
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STANDARD TERMS AND CONDITIONS
3
3. CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take pl'eCe(Ience in the order in which they are named above,
notwi1hstanding the chll)rlological order in which they are issued or executed.
The intent of the contract is that the Company shall supply work which is fit and suitable for the
Municipality's intended use and complete for a particular purpose.
None of the conditions contained in the Biddel's s1andard or general conditions of sale shall be of
any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase
order.
4. CLARIFICATION OF THE DOCUMENT
Any clarification of the document required by the Bidder priOr to submission of its bid shall be
requested through the Municipality's contact identified in the document Any such clarification so
given shall not in any way aIIer the document <lnd in no case shall oral arrangements be cOnsidered.
Every notice, advice or other communication perlaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5. PROOF OF ABILITY
The bidder ffi<IY be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date.
6. DELIVERY
Unless otherwise slated, the work specified in the bid shall be delivered or completely performed by
the Company as soon as possible and in any event within the periOd set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shall not bind the Municipality to <lCcepl the work covered thereby. or the particulars of
the delivery ticket or piece taDy thereof.
Work shaH be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shall be as specified in
the contract.
Time shall be of the essence of the contract.
7. PRICING
Prices shall be in Canadian Funds, quoted separately for each lIern stipulated, F.O.B. destination.
Prices sh<lll be firm for the duration of the contract.
Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to
the full requirements of the bid. No claims for extra work will be entertained and any additioMl work
must be authorized in writing prior to commencement. Should the Company require more
information or clarification on any point, II must be obtained prior to the submission of the bid.
P<lyment shall be full compensation for all costs related to the work, including operating and
overhe<ld costs to provide work to the satisfaction of the Municip<llity.
STANDARD TERMS AND CONDITIONS
4
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All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other
charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax
shall be extra and not shown, unless otherwise specified herein.
If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, k shall
arrange its shipping procedures so that its agent or represe. daUve in Canada is the importer of
record for customs purposes.
Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of
Canada or the Province of Ontario become directly applicable to work specified in this document
subsequent to its submission by the Bidder and before the delivery of the work covered thereby
pursuant to a purchase order issued by the Municipalky appropriate increase or decrease in the
price of work shall be made to compensate for such changes as of the effective date thereof.
8. TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work.
Payments made hereunder, including final payment shall not relieve the company from its
obligations or liabilities under the contract.
Acceptance by the company of the final payment shall constitute a waiver of claims by the company
against the Municipalky. except those previously made in writing in accordance with the contract and
sUII unsettled.
The Municipality shall have the right to withhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the work, pending correcUon
of it.
Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract
requirements being completed and work being deemed satisfactory.
9. PATENTS AND COPYRIGHTS
The company shall, at its expense, defend all claims, actions or proceedings against the Municipalky
based on any allegations that the work or any part of the work constitutes an infringement of any
paten~ copyright or other proprietary right, and shall pay to the Municipality all costs, damages,
charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned
to the Municipalky by reason thereof.
The company shall pay aD royallies and patent license fees required for the work.
tf the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forthwith either secure for the Municipality the right to continue using the work or shall
at the company's expense, replace the infringing work with non-infringing work or modify it so that
the work no longer infringes.
10. ALTERNATES
Any opinion with regard to the use of a proposed alternate determined by the Municipalky shall be
final. Any bid proposing an alternate will not be considered untess otherwise specified herein.
11. EQUIVALENCY
Any opinion determined by the Municipality with respect to equivalency shall be final.
12. ASSIGNMENT AND SUBCONTRACTING
The company shall not assign or subcontract the contract or any portion thereof without the prior
written consent of the Municipality.
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STANDARD TERMS AND CONDITIONS
5
13. FINANCING INFORMATION REQUIRED OF THE COMPANY
The Mlri:ipalily is enlilled 10 request of the Company 10 furnish reasonable evidence lhat financial
arrangements have been made 10 fulfil the Company's obligations under the Contract.
14. LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining 10 the work and its performance. The company shall be responsible for ensuring
similar compliance by suppliers and subcontractors.
The contract shall be governed by and interpre1ed in accordance with the laws of the Province of
Ontario.
15. CORRECTION OF DEFECTS
If at any time prior to one year after the actual delivery date or completion of the work (or specified
warranty/guarantee period if longer than one year) any part of the work becomes defective or is
deficient or fails due to defect in design, material or workmanship, or otherwise fails 10 meet the
requirements of the contract, the company. upon request, shall make good every such defect,
deficiency or failure without cost 10 the Municipality. The company shall pay all transportation costs
for work both ways between the company's factory or repair depot and the point of use.
16. BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; 10 accept or reject any bids in whole or in part; to waive irregularities and omissions,
if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the
Municipality for its decision in this regard.
Bids shall be irrevocable for 90 days after the official closing time.
The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award
to a bidder by the Municipality shall consliMe notice of acceptance of contract by the Municipality to
the extent described in the notice of award.
17. DEFAULT BY COMPANY
a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of
its insolvency or in respect of any of its property; or if the company makes a generat
assignment for the benefit of its creditors; then, in any such case, the Municipality may,
without notice: terminate the contract.
b. If the company: fails to comply with any request, instruction or order of the Municipality; or
faits to pay its accounts; or fails 10 comply with or persistentiy disregards statutes,
regulations, by-laws or directives of relevant authorities relating 10 the work; or fails to
prosecule the work with skill and diligence; or assigns or sublets the contract or any portion
thereof without the Municipality's prior writien consent; or refuses to correct defective work;
or is otherwise in default in carrying out its part of any of the terms, conditions and
obligations of the contract, then, in any such case, the Municipality may, upon expiration of
ten days from the date of written notice to the company, terminate the contract.
c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice
to. any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto.
STANDARD TERMS AND CONDITIONS
6
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d. If the Municipality terminates the contract, ~ is entitled to:
i) take possession of all work in progress, materials and construction equipment
then at the project s~ (at no additional charge for the retention or use of the
construction equipment), and finish the work by whatever means the Municipality
may deem appropriate under the circumstances;
ii) withhold any further payments to the company until the completion of the work
and the expiry of all obligations under the Correction of Defects section;
Iii) recover from the company loss, damage and expense incurred by the Municipality
by reason of the company's default (which may be deducted from any monies due
or becoming due to the company, any balance to be paid by the company to the
Municiparoty).
18. CONTRACT CANCELLATION
The Municipality shaH have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation,
the Municipality and the Company may negotiate a setUement. The Municipality shall not be liable to
the Company for loss of anticipated prom on the cancelled portion or portions of the work.
19. QUANTITIES
Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be
accurate, are furnished willhout any liability on behali of the Municipality and shall be used as a basis
for comparison only.
Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
20. SAMPLES
Upon request, samples must be submitted strictiy in accordance with instructions. If samples are
requested subsequent to opening of bids, they shall be delivered within three (3) working days
following such request, unless additional time is granted. Samples must be submitted free of charge
and will be returned at the bidder's expense, upon request, provided they have not been destroyed
by tests, or are not required for comparison purposes.
The acceptance of samples by the Municipality shall be at its sole discretion and any such
acceptance shall in no way be construed to imply relief of the company from its obligations under the
contract.
Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
21. SURETY
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to
satisfy surety requirements by providing a depos~ in the form of a certified cheque, bank draft or
money order or other form of surety, in an amount determined by the Municipality. This surety may
be held by the Municipality until 60 days after the day on which all work covered by the contract has
been completed and accepted. The surety may be returned before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out
the work have expired or have been satisfied and that a Certificate of Oearance from the WSIB -
Workplace Safety Insurance Board has been received.
The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy
fidelity bonding requirements by providing such bonding in an amount and form determined by the
Municipality.
Failure to furnish required surety within two weeks from date of request thereof by the Municipality
shall make the award of the Contract by the Municipality subject to withdrawal.
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STANDARD TERMS AND CONDITIONS
7
22. WORI<PIJI.CE SAFETY AND INSURANCE BOARD
All of 1IIe Contractor's personrleI must be covered by 1IIe insurance plan under 1IIe WOff<pface Safety
and Insurance Act, 1997, ()I" must PfPvide an identification number from 1IIe WSIBverifying 1heir slalus
as an "Independent Opera1or". Upon request by 1IIe Municipality, an originaJ LetIer of Good S1anding
from 1IIe WOfkpIace Safety and Insurance Board shall be PfPvided pfior to 1IIe commencement of
work indicating aU payments by 1he Company to the board have been made. Prior to final payment, a
Cer1ifi(:ale of Clearance must be issued indicating all payments by the Company to 1IIe Board in
conjunction with 1he subject Contract have been made and 1IIat the Municipality will not be 6able to
1IIe Board for future payments in connection with the Company's fulfllment of 1he contract. Fur1her
Certificates of Clearance or o1her types of cer1ificates shall be PfPvided upon request
For Independent contractors I Owners I Operators who do nol have WSIB coverage, the following
shall be Pf!lvided uPOn request by the Calling Agency:
Single Independent Contractors I Owners I Operators shall provide a letter from the Workplace
Safety & Insurance Board confirming independent operator slatus and identification number. To
obtain 1IIis, contractors must complete 1IIe form "Determining workerllndependent Operator status',
issued by 1IIe Workplace Safety & Insurance Board. (For more information, please contact your
local Workplace Safety & Insurance Board Office and refer to this clause.)
Single Independent Contractors I Owners I Operators must also provide a certificate from 1IIe
Workplace Safety & Insurance Board confirming 1hey have purchased 1he optional WSIB coverage.
The Municipality of Clarington has 1IIe right 10 reject any bid it deems to prollideinsuflicient coverage.
23. INSURANCE
The company shall maintain and pay for Comprehensive General liab~ity insurance including
premises and all operations. This insurance coverage shall be subject to limits of not less than
$3,000,000.00 inclusive per occurrence for 1IIird party Bodily Injury and Properly Damage or such
o1her coverage or amount as may be requested.
The policy shall include the Municipality as an additional insureds in respect of all operations
performed by or on behalf of 1IIe Company. A certified copy of su.ch policy or certificate shall be
PfPllided to 1he municipality prior to commencement of 1IIe work. Fur1her certified copies shall be
PfPllided upon request
24. LIABILITY
The company agrees to defend, fully indemnify and save harmless 1IIe Municipality from aU aclions,
suits, ctaims, demands, losses, costs, charges and expenses whatsoever for all damage or injury
including dea1ll to any person and all damage to any properly which may arise direcUy or indirecUy
by reason of a requirement of 1IIe contract, saw and except for damage caused by the negligence of
the Municipality or its employees.
The Company agrees to defend, fully indemnify and save harmless 1IIe Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality
or any of its employees shall be made a parly to any charge under 1IIe Occupational Health and
Safety Act in relation to anylliolation of the Act arising out of 1IIis contract.
25. VISITING THE SITE
The Company shall carefully examine 1IIe site and existing buUding and services affecting the Pf!lper
execution of the work, and obtain a clear and comprehensive knowledge of 1IIe existing conditions.
No claim f()l" extra payment wiD be allowed for work or difficulties encountered due tocondilions of
1he site which were visible or reasonably ioferable, prior to 1IIe date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in 1IIis respect.
STANDARD TERMS AND CONDITIONS
8
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26. SAFETY
The Company shall obey all Federal, Provincial and Municipal Laws, Ad, Ordinances, Regulations,
Orders-in-Council and By-Iaws, which could in any way pertain to the work outlined in the Contract
or to the Employees of the Company.
Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements
imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a
contractor, a Constructor and/or Employer with respect to or arising out of the pelformance of the
Company's obligations under this Contract.
The Company shan be aware of and conform .to all governing regulations including those established
by the Municipafity relating to employee health and safety. The Company shall keep employees and
subcontractors informed of such regulations.
The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied
Hazardous Materials.
27. UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating
to the work. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
28. SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend pelformance by the company from
time to time of any part or all of the work for such reasonable period of time as the Municipality may
determine.
The resumption and completion of work after the suspension shall be governed by the schedule
established by the Municipality.
29. CHANGES IN THE WORK
The Municipality may, without invafidating the contract, direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the Quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
30. CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sen goods or services to the Municipality
in accordance with the Municipality of Clarington PolicY or have a direct or indirect interest in a
Company or own a Company which sells goods or services to the MunicipaHty.
31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT IMFIPPAl
All correspondence, documentation, and information provided to staff of the Municipality of Qarlngton
by every offerer, including the submission of proposals, shall become the property of the Municipality,
and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and
may be subject to release pursuant to the Act.
Offerers are reminded to identify in their proposal material any specific scientific, technical,
commercial, proprietary, or similar conlidential information, the disclosure of which could cause them
injury. Complete proposals are not to be identified as confidential.
32. CRIMINAL BACKGROUND CHECKS
"The successful service provider covenants and agrees to provide the Municipality of Clarington, or
such other entity as the Municipafity may designate, with written consent to peIform a criminal
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STANDARD TERMS AND CONDITIONS
9
background check including Criminal Code (Canada) convictions, pardoned sexual offences.
records or convictions under the Controlled Drugs and Substances Act. Narcotics Control Act and
Food and Drugs Act and all outstanding wanants and charges tor every individual who may come
into direct contract with youth or who are permitted entrance to private or restricted areas or
residences. This will be done at no cost to the Municipality and any such requested document WIlt
be submitted to the Municipality in its true form in advance of comrnencement of work.
The Municipal issued identifICation card must be worn when individuals are at a site where there is
direct contact with youth or where access to any private or restricted area is anticipated. The
Municipal identification card is valid for the term of the contract only or a one year term, whichever
comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion
to prohibit an individual from coming into direct contact with youth or entering a private or restricted
area on a regular basis and to terminale the contract if the bidderlpartner faUs to obtain or renew
the Municipal identification cards according to MuniCipal policy and procedure.
The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately
and unilaterally and without penally to the Municipality should the service provider fail to provide
the required documentation or otherwise adhere to this procedure. "The Chief Administrative
Officer has the final say in determining any final action."
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CORPORA nON OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-41
SCHEDULE 'c'
P:\12-2%58\SpecslCL-Schedule (C).doc
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SCHEDULE (C)
CONTRACTOR SAFETY
POUCY AND PROCEDURE
POLICY:
Contractors and Sub-contractors are responsible to ensure. that their personilel are
updated on all safety concems of the workplace and are aware of the safety
requirements as required by the Contractor under the Occupational Health and Safety
Act. Safety performance will be a consideration in the awarding of contract. Under the
Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's
responsibility to ensure that:
. the measures and procedures prescribed by the Occupational. Health and Safety
Act and the Regulations are carried out on the proiect;
. every employer and every worker performing work on the proiect complies with
the Occupational Health and Safety Act and the Regulations (under the Act); and
. the health and safety of workers on the proiect is protected.
. Where so prescribed, a constructor shall, before commencing any work on a
project, give to a Director notice in writing of the project containing such
information as may be prescribed.
DEFINITIONS:
Contractor - any individual or firm engaged by the Municipality to do work on behalf of
the Municipality.
Project" means a construction project, whether public or private, including,
. the construction of a building, bridge, structure, industrial establishment, mining
plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway,
parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph,
telepho~ or electrical cable, pipe line, duct or well, or any combination thereof,
. the moving of a building or structure, and
. any work or undertaking, or any lands or appurtenances used in connection with
construction.
Construction - includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, trenching,
digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant,
and any work or undertaking in connection with a project.
SCHEDULE(C
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Constructor - means a person who undertakes a project for an owner and includes an
owner who undertakes all or part of a project by himself or by more than one employer.
Project Manager - means the municipal management representative who has
responsibility for a contract.
PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
a) Before beginning a project, the project manager or delegate must determine
whether any designated substances/hazardous materials are (or will be) present
at the site and prepare a list of all these substances.
b) The project manager or delegate must include, as part of the request for
tender/quotations, a copy of the above-mentioned list. The list of designated
substanceslhazardous materials must be provided to all prospective constructors
and/or contractors.
c) The request for tender/quotations will require prospective contractors to include a
list of the designated substances/hazardous materials that will be brought onto
the work site and material safety data sheets.
d) Before awarding a contract, contractor(s) will be required to complete and sign
the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will
maintain all contractors safety performance records.
e) As part ofthe tender/quotation conditions, before award of a contract, the
contractor will be required to provide proof that all workers involved with the
project have the proper WHMIS training, as required by the Occupational Health
and Safety Act.
f) As part of the tender/quotation conditions, before award of a contract, the
contractor must provide details of their Health and Safety program.
g) The project manager or delegate must provide the successful contractor with a
workplace orientation, which will include, but not limited to identifying known
potential hazards, hazardous material inventory and material safety data sheets
for the sites. A workplace orientation/Job Safety Instruction Checklist to be
completed (see Compliance page 9).
h) Before the start of the assignment, the following documentation will be provided
to the successful contractor, by the project manager or delegate.
i) Copies of the Municipal Corporate Health and Safety Program
ii) Departmental health and safety policies
iii) Workplace procedures regarding health and safety practices.
2
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SCHEDULE (C)
CONTRACTOR SAFETY
3
POLICY AND PROCEDURE Continued...
i) The contractor has the responsibility to provide any and all prescribed personal
protective equipment for their own workers, to include as a minimum but not
limited to hard hats and safety boots. If a worker(s) fails to comply with any
program, policy, rule or request regarding health and safety, that person(s) is not
allowed on the site until the person(s) complies.
j) The Municipality will retain the right to document contractors for all health and
safety warnings and/or to stop any contractors' work if any of the previously
mentioned items are not in compliance. Similarly, the Municipality will have the
right to issue warnings and/or to stop work if there are any violations by the
contractor of the Occupational Health and Safety Act, Municipal Health and
Safety programs, policies, rules, and/or if the contractor creates an unacceptable
health and safety hazard. Written warnings and/or stop work orders can be given
to contractors using Contractor Health and Safety Warning/Stop Work Order
Form (Schedule "B").
k) Where applicable, the Municipality will retain the right to allow municipal
employees to refuse to work in accordance with the established policy and the
Occupaticmal Health and Safety Act, in any unsafe conditions.
I) The Purchasing Department will maintain current certificates of clearance until all
monies owing have been paid to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the
project manager or designate. This will include identification, evaluation and
control practices and procedures for hazards and follow-up and issuing of
Contractor Health and Safety Warning/Stop Work Orders.
4
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
To Contractor(s):
The Municipality of Clarington is committed to a healthy and safe working environment for all
workers. To ensure the Municipal workplace is a healthy and safe working environment,
contractors, constructors and subcontractors must have knowledge of and operate in
compliance with the Occupational Health and Safety Act and any other legislation pertaining to
employee health and safety.
In order to evaluate your company's health and safety experience, please provide the
accidentlincident and/or Workplace Safety and Insurance Board (WSIB) information noted
below, where applicable.
. The New Experimental Experience Rating (NEER)
- The WSIB experience rating system for non-construction rate groups
.............................................................................................
. The Council Amended Draft #7 (CAD-7) Rating
- The WSIB experience rating system for construction rate groups
.............................................................................................
. Injury frequency performance for the last two years
- This may be available from the contractor's trade association
.............................................................................................
. Has the contractor received any Ministry of Labour wamings or orders in the last two
years? (If the answer is yes, please include the infraction).
. Confinnation of Independent Operator Status
- The WSIB independent operator number assigned:
(Bidders to include the letter confinning this status and number from WSIB with their bid
submission.)
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SCHEDULE (C)
CONTRACTOR SAFETY
5
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, l/we will comply wi.th all
procedures and requirements of the Occupational Health and Safety Act, Municipal
safety policies, department and site specific policies and procedures and other
applicable legislation or regulations. IIwe will work safely with skill and care so as to
prevent an accidental injury to ourselves, fellow employees and members of the public.
1. The contractor/successful tenderer certifies that it, its employees, its
subcontractors and their employees,
a) are aware of their respective duties and obligations under the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the "Acf'); and
b) have sufficient knowledge and training to perform all matters required
pursuant to this conlractltender safely and .in compliance with the Act.
2. In the performance of all matters required pursuant to this contractllender, the
contractor/successful tenderer shall,
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act
safely and complying all respects with the Act.
3.
The contractor/successful tenderer shall rectify any unsafe act or practice and
any non-compliance with the Act at its expense immediately upon being notified
by any person of the existence of such act, practice or non-compliance.
4.
The contractor/successful tenderer shall permit representatives of the
Municipality and the Health and Safety Committee on site at any time or times for
the purpose of inspection to determine compliance with this contractor/tender.
5.
No act or omission by any representative of the Municipality shall be deemed to
be an assumption of any of the duties or obligations of the contractor/successful
tenderer or any of its subcontractors under the Act.
6.
The contractor/successful tenderer shall indemnify and save harmless the
Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which
may result from the contractor/successfultenderer or any of its
employees, its subcontractors or their employees failing to act safely or to
comply in all respects with the Act in the performance of any matters
required pursuant to this contractltender;
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and costs related thereto, brought against the
Municipality by any person arising out of any unsafe act or practice or any
non-compliance with the Act by the contractor/successful tenderer or any
of its employees, its subcontractors or their employees in the
performance of any matter required pursuant to this contractltender; and
c) from any and all charges, fines, penalties, and costs that may be incurred
or paid by the Municipality (or any of its council members or employees)
shall be made a party to any charge under the Act in relation to any
violation of the Act arising out of this contract/tender.
. .G.fJ. (1-:.!?....!t.:Ut.- -yg L k... /.....1. H. .Cr.&;................... fl1.f.I.... .{&i..q y.. 41.-:-...
Contractor Name of Person Signing for Contractor
~~.. ~...... ...............................~.<';::.~,,~.~~
6
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SCHEDULE (C)
CONTRACTOR SAFETY
7
POLICY AND PROCEDURE Continued...
CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER
The purpose of this form is to: (Issuer to check. one of the following)
Provide warning to the contractor to immediately discontinue the unsafe work practice
described below
Direct the contractor to immediately cease all work being performed under this contract
due to the unsafe work practice described below.
FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A
BREACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
. NAME OF FIRM:
PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
SCHEDULE (C)
CONTRACTOR SAFETY
DATE & TIME OF INFRACTION:
DESCRIPTION OF INFRACTION INCLUDING LOCATION:
ORDER GIVEN BY MUNICIPALITY:
DID THE CONTRACTOR COMPLY WITH THIS ORDER?
DATE & TIME OF COMPLIANCE:
ISSUED TO:
CONTRACTOR'S EMPLOYEE TITLE
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
PART "C" - ADDITIONAL COMMENTS
THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS
SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME
WORK RESUMED, FURTHER ACTION TAKEN, ETC.
S1AdminlForms & Specs/Claringlorul'ollcy-MOC
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-41
INSTRUCTIONS TO TENDERERS
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-41
CLAUSE
SUBJECT
PAGE
I. GENERAL........................................................................................................................................................... I
2. BLANK FORM OF TENDER............................................................................................................................. I
3. TENDER DEPOSITS ..................................... ........................................... ............. .......................................... ... I
4. BONDS ...... ............ .................................................... ....................................... ........ ........... ..... .................... ....... 2
5. RIGHT TO ACCEPT OR REJECT TENDERS .................................................................................................. 2
6. UNACCEPTABLE TENDERS ............ ......... ............................. ............... .................. ........... ............. ................ 2
7. ABILITY AND EXPERIENCE OF TENDERER...............................................................................................2
8. PROVINCIAL SALES TAX ............................................................................................................................... 2
9. GOODS AND SERVICES TAX (GST)............................................................................................................3
10. EXECUTE CONTRACT DOCUMENTS........................................................................................................... 3
I I. COMMENCEMENT OF WORK....................................................................................................................... 3
12. LOCA nON ............. ...... ................... .............. .......... .............................. ............. .... ........ ................... ................. 3
13. TENDERERS TO INVESTIGATE .................................................................................................................... 4
14. INQUIRIES DURING TENDERING..................................................................................................................4
] 5. AWARD OF THE CONTRACT ......................................................................................................................... 4
16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.................. 4
17. ADDENDA......................................................................................................................................................... 4
18. UTILITIES.............. .................. .............. ............. .......... .... ....... .............. .......... ............ ................. ...... ................ 5
19. TENDER OPENING MEETING ........................................................................................................................5
20. PROVISIONAL ITEMS..... .............. ...................... ........... ................... ..................................... .......................... 5
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1.
PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-41
GENERAL
SEALED Tenders plainly marked "Contract No. CL2007-41" will be received until:
2:00:00 P.M., LOCAL TIME, WEDNESDAY, NOVEMBER 7,2007
and sball be addressed to:
Mrs. Patti Barrie, Clerk
Corporation oftbe Municipality ofClarington
40 Temperance Street
BOWMANVILLE, Ontario. L I C 3A6
2.
BLANK FORM OF TENDER
One copy oftbe Tender, on tbe forms provided, sball be submitted. All inforrnation requested
sball be sbown in tbe tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount
defined below, made payable to tbe Authority, as a guarantee for the execution of the Contract.
$ 20,000.00 or less
20,000.01 to 50,000.00
50,000.0 I to 100,000.00
100,000.01 to 250,000.00
250,000.0 I to 500,000.00
500,000.0 I to 1,000,000.00
1,000,000.01 to 2,000,000.00
2,000,000.0 I and over
$1,000.00
2,000.00
5,000.00
10,000.00
25,000.00
50,000.00
100,000.00
200,000.00
All deposits will be returned within ten days after the Tenders bave been opened except those
which the Authority elects to retain until tbe successful tenderer has executed the Contract
Documents.
The retained tender deposits will be returned when the successful Tenderer has fully complied
with the conditions outlined in the Contract Documents.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-41
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 ofthe Total Tender Amount, to guarantee his
faithful performance of this Contract and his fulfillment of all obligations in respect of
maintenance and payment for labour and materials used on this work.
Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
5.
RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender should it be
deemed to be in its best interest to do so.
Tenders which are incomplete, conditional or obscure, or which contain additions not called for,
erasures, alterations, or irregularities of any kind, may be rejected as informal.
Tenders will not be accepted unless submitted in the envelopes provided.
6.
UNACCEPTABLE TENDERS
Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be considered to be
unbalanced, then it will be rejected by the Authority.
7.
ABILITY AND EXPERIENCE OF TENDERER
The Authority reserves the right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete the work in the specified
time, is not furnished by the Tenderer.
8.
PROVINCIAL SALES TAX
Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
2.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-41
3.
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 Contractor in
addition to the amount certified for payment and will therefore not affect the Contract unit prices.
10. EXECUTE CONTRACT DOCUMENTS
Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent ofthe successful Tenderer.
The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within 10 calendar days of receipt of notification of Acceptance of Tender.
Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract to
one ofthe other Tenderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site within 7 calendar days of the official
commencement date as specified in the written order issued in accordance with GC7.01.02 ofthe
General Conditions.
12. LOCATION
The work for this Contract is located at the following four locations:
Part A: The south side of Durham Highway No.2 between Paynes Crescent and Paynes
Crescent, Nev.10nville.
Part B: The intersection of Durham Highway No. 2 and Lambs Road. Bowmanville.
Part C: The intersection of Regional Road 57 and Concession Road 6, northeast of Hampton.
Part D: Mearns A venue from 100 m north of Sprucewood Crescent to Concession Road 3,
Bowmanville.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-41
4.
13. TENDERERS TO INVESTIGATE
T enderers must satisi)' themselves by personal examination of the site and by such other means
as they may prefer as to the actual conditions and requirements ofthe work.
The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works,
determine the location of any buried or obstructing services and make satisfactory arrangements
for interference with such service with the proper jurisdictional agency.
14. INQUIRIES DURING TENDERING
The Tenderer is advised that inquiries regarding the interpretation ofthe plans or specifications,
shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2121, attention: Ron
Albright, P.Eng. or John Breward at 905-668-4021, ext 2310.
15. AWARD OF THE CONTRACT
The award of this Contract is subject to the approval of the Municipality of Clarington.
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 Cia ring ton".
Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington".
Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may
be authorized by the Authority to act in any particular capacity.
17. ADDENDA
The Contractor shall ensure that all addenda issued during the tendering period are attached as
part of the submitted bid. Failure to do so will result in disqualification of the bid.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2007-41
5.
18. UTILITIES
For additional infonnation regarding existing utilities the Contractor may contact the following
personnel:
Veridian Hydro:
Mr. Peter Petriw, P.Eng.
Tel: (888)-445-2881
Bell Canada:
Ms. Kimberly MacLellan
Tel: (905) 433-3061
Enbridge/Consumers Gas:
Mr. Chris Sorichetti
Tel: 416-758-7936
Cable TV
Ms. Cindy Ward
Tel: 905-436-4138
Hydro One
Mr. Jim Hisson/Mr. Rob McGlashon
Tel: (905) 623-1071
19. TENDER OPENING MEETING
The tender opening meeting is scheduled to take place at 2: 15:00 P.M. after the closing time and
date in Meeting Room No.1, Main Floor, 40 Temperance Street, Bowmanville, Ontario and
interested bidders are invited to attend.
20. PROVISIONAL ITEMS
After the Tender Closing the Items or Sections in the Itemized Bid noted as being "Provisional"
may have quantities modified or may be deleted from the Contract at the sole discretion of the
Owner without negotiating with the bidders regardless of the percentage of the Tender the
individual or combined "Provisional Items" represent. No consideration for loss of overhead
costs will be considered should these Items be deleted from the Contract.
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CORPORA nON OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-41
SPECIAL PROVISIONS - GENERAL
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2007-41
CLAUSE
SUBJECT
PAGE
I. GUARANTEED MAINTENANCE...................................................................................................1
2. CONTRACT TIME AND LIQUIDATED DAMAGES ....................................................................1
3. CONTRACTOR'S AUTHORlZED REPRESENTATIVE................................. ...............................2
4. OPS GENERAL CONDITIONS ......................................................................... ..... ..........................2
5. LAYOUT BY CONTRACTOR.........................................................................................................2
6. PAyMENTS................................. ............................................. ........... ........ ......... ..................... ...... ..2
7. UTILITIES .......... ......................... ............................... ............ ........................... ... ........... .......... ...... ..3
8. TRAFFIC CONTROL, FLAGGING ................... ......... ......... .............................................................3
9. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ..........................................................4
10. MAINTENANCE OF TRAFFIC AND ROAD OCCUPANCY ........................................................4
II. EMERGENCY AND MAINTENANCE MEASURES .....................................................................4
12. ENGINEERING FIELD OFFICE ......................................................................................................5
13. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .....................................................5
14. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES..........5
15. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ..................... 7
16. SPILLS REPORTING ........................................................................................................................ 7
17. PROTECTION OF WATER QUALITY ...........................................................................................7
18. ENTRY ONTO PRlV A TE PROPERTY ...........................................................................................8
19. STORAGE AREAS ........ ....... ......... ................. ...... .......... ........ ........................ ...... ......... ............... .....8
20. GENERAL LIABILITY INSURANCE .............................................................................................8
21. CONSTRUCTION LIEN ACT ........................................................................................................ .8
22. VARIATION IN TENDER QUANTITIES........................................................................................9
23. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR ............................................................................................................................... 10
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-41
1. GUARANTEED MAINTENANCE
Section GC7 .15 .02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be final as to tbe necessity for
repairs or for any work to be done under this Section.
2. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence ofthis Contract.
For purposes of this Contract, GCI .04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion ofthe Work as defined in Clause
GCL06.
(2) Progress ofthe Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GCL06 of the
General Conditions on or before Friday, May 2,2008. N81e that P-a,I.t must be e8mpleled
by December 21, 2007. (As per Addendum No. I)
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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 tbat 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.
(3) Liquidated Damages
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It is agreed by the parties to the contract that in case all the work called for under the contract
is not completed by the date specified, or as extended in accordance with Section GC3.07 of
the General Conditions, a loss or damage will be sustained by the Authority. Since it is and
will be impracticable and extremely difficult to ascertain and determine the actual loss or
damage which the Authority will suffer in the event of and by reason of such delay, the parties
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-4I
hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND
DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in
achieving completion of the work beyond the date prescribed. It is agreed that this amount is
an estimate of the actual loss or damage to the Authority which will accrue during the period in
excess of the prescribed date for completion.
The Authority may deduct any amount under this paragraph from any moneys that may be due
or payable to the Contractor on any account whatsoever. The liquidated damages payable under
this paragraph are in addition to and without prejudice to any other remedy, action or other
alternative that may be available to the Authority.
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.0] .09 is defined as an employee of the Contractor.
4. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
5. LAYOUT BY CONTRACTOR
Prior to the commencement of any construction layout, the Contractor shall verifY the accuracy of
all temporary and permanent benchmarks and primary alignment control shown on the Contract
Drawings. The Contractor shall also perform random checks on all survey control points and
existing centreline road profiles. The Contractor shall provide a Summary Report of all
aforementioned checks made to the Contract Administrator prior to the commencement of
construction layout. Any discrepancies between the Contract Drawings and field checks shall be
reported immediately to the Contract Administrator.
Costs associated with field verification work undertaken by the Contractor shall be included in the
Contractor's tender bid
6. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the General Conditions.
Notwithstanding the provisions of the General Conditions respecting certification and payment, the
Authority may withhold 2-112 percent of the total value of work performed beyond the expiration of
46 days from the date of publication of the Certificate of Substantial Performance, to enable the
Contract Administrator to produce the final detailed statement of the value of all work done and
material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%,
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2.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-41
3.
the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise
the Certificate of Substantial Performance per GC8.02.03.04(03).
The Completion Payment Certificate to include statutory holdback release will be issued within 120
days after the date for completion as specified under GC 1.06. The date for interest due to late
payment shall commence following 180 days after the date of completion of the work.
As a condition ofthe final holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
The Contractor shall include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial Performance or
not.
The Contractor is advised that the Authority may withhold payment on Interim and Holdback
Release Certificates up to 30 calendar days from the date of receipt of the executed Payment
Certificates.
7. UTILITIES
Sections GC2.0J and GC7.J2 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.
8. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in
OTM Book 7 (Ontario Traffic Manual).
Each flagman shall, while controlling traffic, wear the following:
(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-41
4.
9. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the
supply, erection, maintenance and subsequent removal of all temporary traffic controls, including
signs, lights, barricades, delineators, cones, etc., required on the work.
Traffic controls shall be provided in general accordance with the latest edition of the "OTM
Book 7". As a minimum requirement and without restricting the Contract Administrator or the
Authority in requiring further controls, the following signs shall be supplied:
TC-I
TC-4IA
TC-4IB
CONSTRUCTION AHEAD
CONSTRUCTION ZONE BEGINS
CONSTRUCTION ZONE ENDS
4
4
4
* or as required to address active sites.
Traffic controls shall be operational before work affecting traffic begins.
10. MAINTENANCE OF TRAFFIC AND ROAD OCCUPANCY
The Contractor will be required to maintain traffic in both directions on all streets, at all locations.
The Contractor will also be required to take out Road Occupancy Permits with the Municipality of
Clarington for all locations and with the Region of Durham for Part A, Part B and Part C locations.
11. 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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-4I
5.
12. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
13. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The requirements of OPSS ISO shall apply to this Contract, revised as follows:
.1 Section lSO.03, Definitions, shall be amended by the addition of the following:
Work area: means the road allowance, right-of-way, and property with a boundary common to
the road allowance or right-of-way within the Contract limits.
.2 Subsection ISO.07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF ISO-I,
OPSF ISO-2, OPSF ISO-3, OPSF ISO-4 and OPSF lSO-5 for use where appropriate with respect to
disposal of excess material.
14. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES
In accordance with the requirements of Section ISa( I ) of the Occupational Health and Safety Act,
the Authority has determined that the designated substances as listed hereunder are present on the
site and within the limits of this Contract.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-41
6.
Acrylonitrile No
Arsenic No
Asbestos No
Benzene No
Coke Oven Emissions No
Ethylene Oxide No
Isocynates No
Lead No
Mercury No
Silica No
Vinyl Chloride No
It is the responsibility of the Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy of this specification, where Designated Substances are identified
as being present at the site of the work.
The Contractor shall comply with the governing Ministry of Labour Regulatious respecting
protection of workers, removal, handling and disposition of the Designated Substances encountered
on this Contract.
Prior to commencement of this work, the Contractor shall provide written notification to the
Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario, M4H lA8
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.
The requirements of Section GC4.03 of the General Conditions of the Contract shall apply.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-41
7.
15. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a
list of those products controlled under WHMIS which he expects to use on this Contract. Related
Material Safety Data Sheets shall accompany the submission. All containers used in the application
of products controlled under WHMIS shall be labeled.
The Contractor shall notify the Contract Administrator of changes to the list in writing and provide
the relevant Material Safety Data Sheets.
16. SPILLS REPORTING
Spills or discharges of pollutants or contaminants under the control ofthe 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.
17.
PROTECTION OF WATER QUALITY
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At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
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 pennitted 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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-4I
8.
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No machinery shall enter the creek bed of any watercourse. Movement of construction equipment
in the vicinity of any creeks shall be limited to the minimum required for construction.
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The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
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18. ENTRY ONTO PRIVATE PROPERTY
The Contractor shall not enter private property or property which is to be acquired to construct the
works without the prior consent of the Contract Administrator. This requirement will be strictly
enforced.
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19. STORAGE AREAS
Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the
following:
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The use of the road right-of-way as a long term storage area is not allowed under this Contract. The
storage of materials and movement of equipment will only be allowed for normally accepted
construction practices.
20. GENERAL LIABILITY INSURANCE
Parties to the Contract beyond the Contractor, the Owner and the Contract Administrator must be
added as additional insureds (See Clause GC6.03 .02.0 I).
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21. CONSTRUCTION LIEN ACT
The Contractor shall give the Authority notice in writing, immediately, of all lien claims or
potential lien claims coming to the knowledge of the Contractor or his agents.
When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien,
the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal
fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal
to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be
in addition to any other remedy available to the Authority under the Contract Documents.
Where any lien claimant asks from the Authority the production for inspection of the Contract
Documents or the state of the accounts between the Authority and the Contractor, the Contractor
shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made
as compensation for the preparation of such accounting or for the preparation of the Contract, or
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-41
9.
both, as the case may be, and the Contractor acknowledges that such administrative fee shall be
properly deductible, if the Authority should so choose, from monies otherwise payable to the
Contractor under the tenns of the Contract Documents.
Where an application is brought to a judge of a competent jurisdiction to compel production of any
particular document to a lien claimant, the Contractor further agrees to indemnity the Authority
from reasonable legal fees incurred in appearing on such an application and in addition agrees to
pay to the Authority its reasonable costs incurred in producing such documents to the extent that
the same is made necessary under the disposition of the matter by such judge, and the Contractor
further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be
properly deductible from monies otherwise payable to the Contractor under the tenns ofthe
Contract Documents.
22. VARIA nON IN TENDER QUANTITIES
Clause GC.8.01.02 (b) of the General Conditions of Contract is amended as follows:
The last sentence beginning "Alternatively" and ending "paid" is deleted and replaced by 'The
Municipality shall not be liable to the Company for loss of anticipated profit".
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2007-4I
23. 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 purposes
associated with the Contractor's operations but not for the purpose of undertaking works stipulated
in the Contract:
Date .......................
To: Mr. A. S. Cannella, C.E.T.
Director of Engineering Services
Municipality ofClarington
40 Temperance Street
Bowmanville, Ontario. LlC 3A6
Re: Contract No. CL2007-41
Dear Sir:
I hereby certiJy that
(Name of Contractor)
have fulfilled the terms of our agreement and have left my property in a satisfactory condition.
I have accepted their final payment and release
(Name of Contractor)
and the Municipality of Clarington from further obligations.
Y ollrs 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.
10.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-41
SPECIAL PROVISIONS - TENDER ITEMS
P:I 12 - 2965 8\Specs\224 51-SP - T1.dcc
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
RIGID DUCTS, DIRECT BURIED - ITEM NO. Dl
1. AMENDMENT TO OPSS 603, MARCH 1993
603.02 REFERENCES
Section 603.02 ofOPSS 603 is amended by the addition of the following:
United Laboratories
UL 65 I B - Standard Specification for Continuous Length HOPE Conduit
American Society for Testing and Materials International
ASTM F2160 - Standard Specification for Solid Wall High Density Polyethylene Conduit Based on
controlled Outside Diameter
National Electrical Mannfacturers Association
NEMA TC 7-2005 - Smooth-Wall Coilable Electrical Polyethylene Conduit
603.05.08
Ducts and Fittings
Subsection 603.05.08 ofOPSS 603 is amended in that the tenn "50 mm" of the last paragraph is replaced
by "50 m".
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
2.
Table I is deleted and replaced with the following:
TABLE 1 - DUCTS AND FlTIINGS
Duct & Fitting Direct Concrete Subsurface Embedded Surface
Description Type Buried Encased Installation Work Mounted Standard
In In Liner
Ground
Polyethylene Flexible X CSA B137.1 Series
75
Electrical Non- Flexible X X X X X CSA Cn.2 No.
metallic Tubing 227.1
High Density Flexible X X UL65IB;ASTM
Polyethylene F2160; Sched 40 and
(HDPE)* NEMA TC 7-2005
for type EPEC
PYC Rigid X X X X X X CSA C22.2 No.
211.2
Polymeric pve Rigid X X X CSA C22.2 No.
type type DB2 type 2]1.1
EBI/DB2 EB I /DB2
RE Rigid X X X X X X CSA C22.2 No.
heavy thin, std., heavy wall Std., heavy thin, std., Std., heavy 211.3
wall heavy wall wall heavy wall wall
Galvanized Steel Rigid X X X X CSA C22.2 No. 45
*HDPE duct may be used for sub-surface installation for EL V cables where ducts are 50 mm diameter or smaller. Where flexible
ducts are indicated, the Contractor shall have the option of using rigid ducts of the same inside diameter.
603.07
CONSTRUCTION
603.07.01,01
Installation
Clause 603.07.01.01 of OPSS 603 is amended in that the second paragraph is deleted and replaced with
the following:
Couplings used for flexible ducts made of polyethylene shall be PYC serrated couplings or shall consist
of a 450 mm piece ofthe duct, one size larger, slotted and centred over the butted joint and securely
fastened using stainless steel strapping. Pulling points for cable, when polyethylene pipes are used, shall
be constructed similarly.
For the polyethylene flexible ducts for communications (fibre optic) cable, installation of runs between
maintenance holes up to 120 m long shall be done with a single run of un spliced duct. For runs up to 240
m long, one splice will be allowed. For runs exceeding 240 m, one splice per 120 m maximum will be
allowed. Such duct splices shall be fully waterproofed, using silicon sealant and plasticized
waterproofing sealant, and shall be inspected by the Contract Administrator prior to backfilling.
Couplings used for flexible ducts made of electrical non-metallic tubings (ENT) shall be as per
manufacturer's drawings or instructions. Pulling points for cable, when ENTs are used, shall be at the
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
3.
electrical chambers.
HDPE couplings shall be used for HDPE duct, and shall be as per manufacturer's drawings or
instructions. Pulling points for cable, when HDPE ducts are used, shall be at the electrical chambers.
The third and fourth paragraphs of subsection 603.07.01.01 and the last paragraph of 603.07.02.01 are
amended in that the word "manhole" is deleted and replaced with "maintenance hole".
603.07.01.04
Termination
Clanse 603.07.01.04 ofOPSS 603 is amended in that the following is added to the first paragraph.
All ducts, terminating in traffic signal control cabinets, FTMS control cabinets or distribution assemblies,
with wiring installed, shall be sealed.
603.07.01.05
End Marking
Clause 603.07.01.05 of OPSS 603 is amended by the addition of the following:
Concrete markers (sized 400 mm x 300 mm x 50 mm) shall be installed over runs of ducts for
communication cables deviating from a straight line. A marker shall be installed wherever a tangent
section meets a circular section; and where the circular section is more than 20 m long an intermediate
marker shall be installed.
Concrete markers shall be installed within 72 hours of backfilling of the trench.
603.07.01.07
Earth Excavation
Subsection 603.07.0] .07 of OPSS 603 is amended in that the following is added after the first paragraph.
Ducts for communication cables shall be installed in trenches which have varying depth so as to provide
drainage. The minimum cover depth of 450 mm may be used in 'flat' terrain or as otherwise required, in
order to ensure that the ducts slope towards a maintenance hole. Where the terrain will allow natural
drainage due to its slope, a standard cover depth of 550 mm shall be used.
603.07.01.09
Backfill
Clause 603.07.01.09 ofOPSS 603 is amended in that the last paragraph is deleted.
603.07.01.10
Cable and Duct Protection and Marking
Clause 603.07.01.10 of OPSS 603 is amended in that the first paragraph is deleted and replaced with the
following:
The Contractor shall install cable bricks and concrete protection at locations indicated in the Contract
Documents. Marker tape shall be installed along the centre of all trenches.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-4I
4.
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603.07.02.03
Backfill
Clause 603.07.02.03 of OPSS 603 is amended in that the last paragraph is deleted.
603.07.06.01
Installation
Clause 603.07.06.01 ofOPSS 603 is amended in that the heading and the first paragraph is deleted and
replaced with the following:
For surface mounted duct systems where the runs exceed 50 m horizontally:
The installation of the support systems and ducts shall be carried out according to the duct manufacturer's
installation procedures.
Section 603.07 ofOPSS 603 is amended by the addition of the following subsections:
603.07.08
Flexible Ducts by Subsurface Installation
The work for flexible ducts by subsurface installation shall be the same as the work described in
subsection 604.07.04, Rigid Ducts by Subsurface Installation
603.07.09
Quality Control
Pre-installation Testing and Inspection
The contractor shall inspect all ducts to ensure that they meet the requirements of the contract.
The contractor shall ensure that all ducts are stamped with the appropriate CSA Standard number and
strength and type (where applicable) as required in Section 603.05. During installation, the contractor
shall ensure that all ducts are properly bedded, have sufficient depth of cover and are coupled or
connected to electrical chambers, poles or other devices in conformance with the requirements of the
contract.
Proof of Performance Testing and Inspection
The Contractor shall inspect and test all ducts to ensure that they meet the contract requirements. In
particular, and without limiting the foregoing, the Contractor shall test all ducts to ensure that they are
free of debris, water, breakage or distortion.
603.09
MEASUREMENT FOR PAYMENT
Clause 603.09.02.01 ofOPSS 603 is amended by the addition of the following:
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
5.
603.09.02.01
Flexible Duct by Subsurface Installation
603.10
BASIS OF PAYMENT
Subsection 603.10.01 ofOPSS 603 is amended by the addition of the following:
603.10.01
Flexible Duct by Subsurface Installation - Item
If the Contractor chooses to substitute flexible ducts with rigid ducts, payment for those rigid ducts shall
be at the unit price bid for the tender item "Flexible Ducts".
LOW VOLTAGE CABLES, IN DUCTS - ITEM NO. D2
LOW VOLTAGE CABLES, AERIAL ON MESSENGER- ITEM NO. Bl AND Cl
LOW VOLTAGE CABLES, AERIAL (SUPPLY ONLY) - ITEM NO. D3
STEEL MESSENGER CABLE, AERIAL- ITEM NO. B2 AND C2
All work shall be carried out in accordance with OPSS 604
Amendment to OPSS 604 dated November 2004
604.07.07
Quality Control
604.07.07.01
General
Sub-section 604.07.07.0 I is amended by the addition the following:
Pre-installation Testing and Inspection
The Contractor shall inspect the cables, splicing and connection components prior to installation to ensure
that they meet the requirements of the contract.
Proof of Performance Testing and Inspection
The Contractor shall ensure that all cables are installed, tested and spliced as indicated in the Contract
Documents and that all cables are energized and in working order.
604.10
Basis of Payment
Sub-section 604.10.0 I is amended by the addition the following:
Payment at the Contract price shall also include delivery of the low voltage cable to be supplied only, to
the Bowmanville works yard ofVeridian Connections Inc. Contact: Ron McCosh tel. (905) 424-1193.
Coordination with Veridian for the installation of the aerial conductors by Veridian forces shall also be
included in the contract price.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
6.
GROUND WIRES - ITEM NO. BJ, C3 AND D4
GROUND ELECTRODES - ITEM NO. 84, C4 AND D5
All work shall be carried out in accordance with OPSS 609
Amendment to OPSS 609 dated November 2001
609.02
REFERENCES
Sub-section 609.02 is amended by the addition of the following:
IEEE 837
Standard for Qualifying Permanent Connections Used in Substation Grounding
UL 467
Grounding and Bonding Equipment
609.05.05
Ground Connectors
Sub-section 609.05.05 is amended by the addition of the following:
High pressure irreversible compression connectors shall be:
made of pure wrought copper extrusion
made of the same material as the conductors
according to CSA 22.2 No. 41, UL 467, and IEEE 837.
connected according to the manufacturer's recommendations
connected using a minimum compressive force of 100 KN and a minimum compressive
pressure of 70 MPa.
High pressure irreversible compression connectors shall have crimp verification for the inspection and
verification of CSA and UL compliance markings.
609.07.03.05
Ground Wire Connections
The second paragraph of clause 609.07.03.05 is deleted and replaced with the following:
Moulded type ground connectors or high pressure irreversible compression connectors shall be used at
pad mounted electrical-electronic equipment, power supply locations, and all locations where the ground
connectors are direct buried or inaccessible.
609.07
CONSTRUCTION
Section 609.07 is amended by the addition of the following:
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
7.
609.07.10
Quality Control
Pre-installation Testiug and Inspection
The Contractor shall inspect the grounding cables, bonding jumpers, ground electrodes and connection
components prior to and during installation to ensure that they meet the requirements of the contract.
Proof ofPerfonnance Testing and Inspection
The Contractor shall inspect and test the grounding to ensure that it meets the requirements of the
contract. In particular, and without limiting the foregoing, the Contractor shall inspect the work to ensure
that all electrical connections and splices have been properly installed in accordance with the
requirements of the contract. The Contractor shall test all system and components grounding. The
Contractor shall test the resistance to ground between the equipment enclosures and the grounding grid. In
soils of low conductivity, additional ground rods, ground plates and ground wires shall be added as
required. Readings shall not exceed 25 ohms. These measurements shall be undertaken when frost
penetration does not exceed 150 mm. Copies of all documentation shall be included in the Service
Manual.
609.10
Basis of Payment
Sub-section 609.10.01 is amended by the addition the following:
Payment at the Contract price shall also include delivery of the ground wire to be supplied only, to the
Bowmanville works yard ofVeridian Connections Inc. Contact: Ron McCosh tel. (905) 424-1193.
Coordination with Veridian for the installation of the aerial ground wire by Veridian forces shall also be
included in the contract price.
REMOVAL OF ELECTRICAL EQUIPMENT - ITEM NO. D6
Amendment to OPSS 610 dated November 2006
610.07.09.03
Shipping of Salvaged Electrical Equipment and Materials
The second paragraph of clause 610.07.09.03 of OPSS 6\ 0 is deleted and replaced with the following:
The following equipment shall be removed, salvaged and delivered to the Municipality of Clarington
Hampton Operations Yard, 2320 Taunton Road, contact Susan D. Arends - tel. no. (905) 263-2291. 344).
(3) Luminaires and Brackets
Section 610.07 ofOPSS 610 is amended by the addition of the following subsection:
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
8.
610.07.12
Quality Control
Pre-installation T estinl! and Iosvection
The Contractor shall inspect the components to be removed. If the components are to be salvaged for
reuse within the contract or for storage at the Owner's premises, the Contractor shall make a list of any
imperfections of those components and shall submit the list to the Contract Administrator.
Proof of Performance Testinl! and Inspection
The Contractor shall inspect the work to ensure that all electrical removals have been carried out and that
all components requiring disposal at approved sites have been done such that no such materials remain on
the Owner's lands. The removals shall be done in accordance with the requirements of the contract, and
all applicable laws.
SUPPLY CONTROL CABINET ASSEMBLY - ITEMS NO. B5, C5 AND D7
This Special Provision replaces OPSS 614 dated September ]984 in its entirety.
CONSTRUCTION SPECIFICATION FOR THE INSTALLATION OF POWER SUPPLY
EQUIPMENT
TABLE OF CONTENTS
614.01 SCOPE
614.02 REFERENCES
614.03 DEFINITIONS-Not Used
614.04 SUBMISSION AND DESIGN REQUIREMENTS
614.05 MATERIALS
614.06 EQUIPMENT - Not Used
614.07 CONSTRUCTION
614.08 QUALITY ASSURANCE - Not Used
614.09 MEASUREMENT FOR PAYMENT
614.10 BASIS OF PAYMENT
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
9.
614.01
SCOPE
This specification covers the requirements for the installation of Distribution Assembly, and Supply
Control Cabinet Assembly.
The requirements of OPSS 60 I shall apply to this work.
614.02
REFERENCES
This specification refers to the following standards, specifications or publications:
Ontario Provincial Standard Specifications, Construction:
OPSS 601
OPSS 603
OPSS 604
OPSS 609
Electrical Work - General
Underground Ducts
Cable Installation
Grounding
Ontario Provincial Standard Specifications, Material:
OPSS 2414
OPSS 2480
OPSS 2485
Distribution Assembly - Single Phase and Three Phase
Supply Control Cabinet Assembly
Photoelectric Controllers
Others:
CSA Standard C 22.2 No. 211.2 - 1984, - Rigid PYC (Unplasticized) Conduit
614.04
SUBMISSION AND DESIGN REQUIREMENTS
The following information shall be submitted to the Contract Administrator:
a. actual breakdown cost of Utility Work, such as 'hook up', 'transformation', etc.
b. Utility company contact person's name, address and telephone number.
Note: Connection fees at all sites will not be the responsibility of the Contractor. (As per Addendum
No.2)
614.05 MATERIALS
614.05.02
Supply Control Cabinet Assembly
Supply control cabinet assemblies shall be according to OPSS 2480, February 1996, its amendment and
the specific requirements as described below:
Supply ~A", ~B", ~C", ~D" and "E" shall each consist of 2 load centres by Square D, Model
Q02L 70RB or an approved equal complete with top and bottom entry hubs and mounted directly above
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
10.
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and below one another. One load centre will be used to house the main breaker and one load centre will
be used to house the lighting circuits.
For each of the supply control cabinet assembly locations the Contractor shall supply circuit breakers as
follows:
60 amp 2 Pole - common trip circuit breaker. This shall be used as the main circuit breaker.
2 30 amp single pole breakers for the illumination circuits
The Contractor shall ensure that the Supply Control Cabinet Assemblies are "Service Entrance Ready"
prior to installation.
614.05.03
Photoelectric Controllers
Photoelectric controllers shall meet the requirements ofOPSS 2485.
614.05.04
Cables and Cable Connectors
Cables and cable connectors shall meet the requirements of section 604.05 of OPSS 604.
614.05.05
Grounding Materials
Grounding materials shall meet the requirements of section 609.05 ofOPSS 609.
614.05.06
Conduit and Fittings
Rigid PYC conduit and fittings for the installation of pole-mounted equipment shall meet the
requirements of CSA Standard C 22.2 No. 211.2.
614.07
CONSTRUCTION
614.07.01
Distribution Assembly
Equipment enclosures shall be installed squarely and symmetrically on the concrete pad.
A neoprene gasket shall be attached squarely and symmetrically on the bottom channel ofthe enclosure
prior to installation, with holes for mounting bolts drilled where necessary. Anchor bolts shall be secured in
place in the locations shown in the manufacturer's instructions or where bolt holes have been provided.
614.07.02
Supply Control Cabinet Assembly
Supply control cabinet assemblies shall be mounted securely on poles using stainless steel strapping.
Rigid PYC conduit and fittings shall be installed on wood poles using PVC coated pipe straps with
galvanized lag screws at ].5 m maximum centres. Installation on metal or concrete poles shall be done
using stainless steel strapping at 1.5 m maximum centres. The conduit system shall be installed in straight
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
11.
lengths to follow the taper of the pole. Offset bends shall be used where required to avoid pole attachments
and shall be kept free of kinks or scorch marks.
Section 614.07.02 is amended by the addition of the following:
The Contractor shall leave sufficient wire coiled, ducts, etc. for the Supply Authority to make final
connections to secondary feed.
The Contractor shall contact the Supply Authority two weeks before the power to the service is required
and request a "Service Layout". The Contractor will meet the Supply Authority representative on site and
coordinate the requirements to complete the services.
Hydro One Networks Inc. shall be contacted for coordination of the secondary connections at the
following contract locations:
Part A: Durham Highway 2 - Paynes Crescent To Paynes Crescent, Newtonville
Part B: Lambs Road And Highway 2, Bowmanville
Part C: Concession Road 6 And Regional Road 57, Hampton
Hydro One Representative:
1-(800) 337-8422 Ext .3317
Veridian Connections shall be contacted for coordination of the secondary connections at the following
contract location:
Part D: Mearns Avenue, Sprucewood Crescent To Concession Road 3, Bowmauville
Veridian Representative:
1-(888) 445-2881 Ext .3252
It will also be the Contractor's responsibility to obtain an "Inspection Clearance" from the Electrical
Safety Association Inspection Department. The "Inspection Clearance" must be obtained at least 48
hours in advance ofthe power turn on to ensure that the appropriate Supply Authority will receive it prior
to turn on.
614.07.03
Cable and Fuse
Cables, terminations and connections shall be installed in accordance with the requirements of OPSS 604.
Service cables, from the point of service connection to the main disconnecting means shall meet the
requirements of the Code.
High voltage fuses shall be approved by the Supply Authority prior to installation.
614.07.04
Grounding
All pad mounted equipment shall be grounded by means of ground wire jumpers connected between the
equipment ground bus and the exterior ground grind. Lighting arrestors shall have the ground cable
connected securely to the equipment ground bus. The neutral bus of the main disconnecting means or the
secondary neutral terminal of the transformer shall be grounded.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
12.
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In supply control cabinet assemblies, the system ground wire and the service ground wire shall be connected
to the neutral bus.
All grounding work shall be carried out in accordance with the requirements ofOPSS 609.
614.07.05
Photoelectric Controllers
Photoelectric controllers shall be installed on poles with twist lock mounting adapters and brackets.
Brackets shall be mounted on metal or concrete poles with stainless steel strapping or on wood poles with
galvanized lag screws. The photo-conductive cell window shall be set to face in a northerly direction but
away from any nearby light sources.
614.07.06
Quality Control
Pre-installation T estin~ and InsDection
The Contractor shall inspect the power supply equipment to ensure that it meets the requirements ofthe
contract. In particular, and without limiting the foregoing, the Contractor shall perform a visual inspection
of all the power supply equipment prior to its delivery. The Contractor shall inspect the following
components to ensure that they meet the requirements of the contract:
General Appearance
Insulation
Transformers
Wires and Connectors
Labelling
Switches
Breakers
Grounding Connections
Grounding and Bonding Materials
Enclosures Materials
Cabinet Materials
Doors and Latching Mechanisms
Conduits and Tubings
Any other components
Panel boards
Contactors
Thermostats
Exhaust Fans
Barriers/Raceways
Photoelectric Controllers
Proof of Performance Testing and InsDection
The Contractor shall perform visual inspection on the installed power supply equipment, inspecting all
components, as listed under Pre-installation Testing and Inspection. In addition, the Contractor shall
perform Low Voltage System tests on wiring of the equipment in conformance to OPSS 604. The
Contractor shall perform all tests on grounding of equipment in conformance to OPSS 609.
(Paragraph deleted as per Addendum No. I)
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
13.
614.09
MEASUREMENT FOR PAYMENT
614.09.01
Actual Measurement
Distribution Assemblies
Supply Control Cabinet Assemblies
The unit of measurement is each.
614.09.02
Plan Quantity Measurement
Measurement is by Plan Quantity as may be revised by Adjusted Plan Quantity. The unit of measurement
is each.
614.10
BASIS OF PAYMENT
614.10.01
Supply Control Cabinet Assemblies
Paymentat the contract price for the above tender item(s) shall be full compensation for all labour,
equipment and materials required to do the work.
------------------------00000---------------------
AMENDMENT TO OPSS 2414. FEBRUARY 1996
SUBMISSION AND DESIGN REQUIREMENTS
2414.04
Section 2414.04 ofOPSS 2414 is amended by the addition of the following subsection:
2414.04.02
Shop Drawings
The shop drawings shall contain, at a minimum, the following information:
(a) plans, elevations, sections and details to show enclosure, structural details, equipment layout and
mounting arrangement, anchor bolt locations and overall weight;
(b) detailed bill of materials;
(c) wiring diagrams;
(d) details of equipment nameplates and notices.
The Contractor shall submit shop drawings to the Contract Administrator. (First sentence deleted as per
Addendum No. I)
SPECIAL PROVISIONS -- TENDER ITEMS
CONTRACT NO. CL2007-41
14.
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2414.05
MATERIALS
2414.05.03
Thermoset Insulated Wires and Cables
Subsection 2414.05.03 ofOPSS 2414 is deleted and replaced with the following:
All interconnecting wires and cables shall be copper of insulation type RWU90 and shall confonn to CSA
C22.2#38.
Sections 2414.08 and 2414.09 ofOPSS 2414 are deleted in their entirety.
Table 2, Total Systems Ratings ofOPSS 2414 is amended by changing the "Service Cable Size" for 150
K V A Distribution Assembly Rating, from "#2/0 A WG" to "#3/0 A WG".
----------------------00000------------------------
AMENDMENT TO OPSS 2480, FEBRUARY 1996
Section 2480.04 of OPSS 2480 is deleted and replace with the following:
2480.04
SUBMISSION AND DESIGN REQUIREMENTS
2480.04.01
Design
The supply control cabinet assembly shall confonn to the details shown in the Contract Documents. The
complete assembly shall be "Service Entrance Ready". The complete assembly shall pass Electrical
Safety Authority (ESA) equipment inspection, and shall be issued with an ESA label of approval. These
approvals shall be obtained before the unit is shipped.
2480.04.02
Shop Drawings
The shop drawings shall contain, at a minimum, the following infonnation:
(a) detailed dimensioned layout shop drawings including sections and details to show enclosure,
equipment layout and mounting arrangement and exact weight;
(b) detailed bill of materials;
(c) wiring diagrams;
(d) details of equipment nameplates.
The Contractor shall submit shop drawings to the Contract Administrator. (First sentence deleted as per
Addendum No. I)
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
15.
2480.05
MATERIALS
2480.05.01.01
General
Clause 2480.05.01.01, paragraph (d) ofOPSS 2480 is amended by the addition of the following:
The barrier for the service cables must completely separate the cables from the branch circuit section; the
barrier for the photoelectric controller cables must completely separate the cables from the service
section.
2480.05.08
Panelboard
Subsection 2480.05.08 ofOPSS 2480 is amended in that the reference to CSA C22.2 No. 12 is changed to
. CSA 22.2 No. 0.12.
2480.07.02
Marking
Subsection 2480.07.02 ofOPSS 2480 is deleted and replaced by the following:
Each supply control cabinet shall have identification marking showing the assembler's name or trade
mark, enclosure manufacturer's name or trade mark, the number OPSS 2480/SP614FO I and the date of
manufacture. The marking shall be on a corrosion-resistant metal plate permanently attached with
adhesive to the inside of the door, and be located in a highly visible location.
The manufacturer must put the label "SERVICE ENTRANCE READY" on the dead front panel."
Sections 2480.08 and 2480.09 of OPSS 2480 are deleted in their entirety.
CONCRETE POLES, DIRECT BURlED IN EARTH -ITEM NO. D8
WOOD POLES, DIRECT BURIED IN EARTH -ITEM NO. B6 AND C6
GUY ANCHORS - ITEM NO. B7 AND C7
615.05.03
Poles
Subsection 615.05.03 ofOPSS 615 is amended by the following addition:
Round Class 'B' Poles
Concrete poles shall be 32.5ft, Class 'B' direct buried poles as manufactured by Stresscrete (Contact:
Vem Hamilton Tel: (905) 473-6204), Catalogue Number E-325-BPR-G or approved equal. Poles shall be
round standard mold finish grey in colour as per Town of Clarington standard and are to be supplied with
zinc alloy handhole covers and weatherproof pole caps.
Wood Poles
Wood poles shall be 125m direct buried poles.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
16.
Amendment to OPSS 615 dated September 1993
615.05.05
Pole Hardware and Accessories
Subsection 615.05.05 ofOPSS 615 is amended by the addition of the following:
The hardware and accessories for wood pole anchors installed in rock shall be manufactured by the
following:
Manufacturer Product Identity Model Assembly # Product Notes
Locweld Inc Anchor for Pole Butt P-9UT Assembly 9- Rock Drill 50 mm. Use
50 Iberville Diameter 200 to 305 mm 3 for 3 drilling template for 3-
Candiac, QC Anchor Con- Anchor Configuration.
J5R 115 figuration
Tel: 450.659.9661
Fax: 450.444.3 I II
OR
2159 Vincent
Massey Drive
P.O. Box 1900 Anchor for Pole Butt P-9UT Assembly 9- Rock Drill 50 mm. Use
Cornwall, Ontario, Diameter 280 to 406 mm 4 for 4 drilling template for 4-
K6H 6N6 Anchor Con- Anchor Configuration
Tel: 613.936.9190 figuration
Fax: 613.936.9217
Email: sales
@Iocweld.ca
Homepage:
www.locweld.ca
Anchor for Pole Butt P-9UT Assembly 9- Rock Drill 50 mm. Use
Canadian Source: Diameter 355 to 508 mm 5 for 5 drilling template for 5-
Pollee Industries Anchor Con- Anchor Configuration
Ltee figuration
10, 440 Henault,
Montreal, QC
HIG 5R4
Tel: 514.326.6030
Fax: 514.326.9923
615.07
CONSTRUCTION
Section 615.07 ofOPSS 615 is amended by the addition of the following subsection:
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
17.
615.07.09
Quality Control
Pre-installation Testing and Inspection
The Contractor shall inspect poles for any obvious flaws, prior to erection.
Proof of Performance Testing and Inspection
The Contractor shall inspect the work to ensure that it complies with the requirements ofthe contract. In
particular, and without limiting the foregoing, the Contractor shall inspect the work to ensure that: all
poles and appurtenances have been properly installed.
ROADWAY LUMINAIRE"S AND BRACKET ASSEMBLIES - ITEMS NO. AI, 88, C8 AND D9
OPSS 60 I and 617 shall apply except as amended or extended herein.
617.05
MATERIALS
617.05.01
Luminaires
Subsection 617.05.01 ofOPSS 617 is amended by the addition of the following:
Luminaires shall be according to OPSS 2432 and the information as described below:
The conductors, which connect the luminaire, shall be RWU-90 cross link, #12 A WG. Include a one
metre coil for connection to the luminaire.
Luminaires and bracket arms for the various contract locations shall be as follows:
Part A: Durham Highway 2 - Paynes Crescent To Paynes Crescent, Newtonville
Each luminaire shall be 200 Watt High Pressure Sodium complete with 200 Watt Auto-transformer or
isolated secondary transformer type integral ballast for grounded systems, Type III Distribution-Median-
Cut-off. For 120 Volt operation per OPSS 2432, Photometric file No. Cooper OVF (flat glass)
766642.ies, Catalogue Number: OVF20SXX3D, or approved equal. The luminaire shall be complete with
200 Watt high pressure sodium lamp ANSI designation S66MN-200. Each luminaire shall be equipped
with individual photoelectric controller and receptacle.
Each luminaire shall be equipped with a 3.65m aluminum single tapered elliptical bracket arm.
Part B: Lambs Road And Highway 2, Bowmanville
Each luminaire shall be 250 Watt High Pressure Sodium complete with 250 Watt Auto-transformer or
isolated secondary transformer type integral ballast for grounded systems, Type II Distribution-Median
Cut-off. For 120 Volt operation per OPSS 2432, Photometric file No. Cooper OVF (flat glass)
766641.ies, Catalogue Number: OVF25SXX2D, or approved equal. The luminaire shall be complete with
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
18.
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2S0 Watt high pressure sodium lamp ANSI designation S50VA-250. Each luminaire shall be equipped
with individual photoelectric controller and receptacle.
Each luminaire shall be equipped with a 2Am aluminum single tapered elliptical bracket arm.
Part C: Concession Road 6 And Regional Road 57, Hampton
Each luminaire shall be 2S0 Watt High Pressure Sodium complete with 2S0 Watt Auto-transformer or
isolated secondary transformer type integral ballast for grounded systems, Type II Distribution-Median
Cut-off. For 120 Volt operation per OPSS 2432, Photometric file No. Cooper OVF (flat glass)
76664I.ies, Catalogue Number: OVF2SSXX2D, or approved equal. The luminaire shall be complete with
2S0 Watt high pressure sodium lamp ANSI designation S50VA-250. Each ]uminaire shall be equipped
with individual photoelectric controller and receptacle.
Each luminaire shall be equipped with a 2Am aluminum single tapered elliptical bracket arm.
Part D: Mearns Avenne, Sprucewood Crescent To Concession Road 3, Bowmanville
Each luminaire shall be ]SO Watt High Pressure Sodium complete with ISO Watt Auto-transformer or
isolated secondary transformer type integral ballast for grounded systems, Type II Distribution-Median
Cut-off. For 120 Volt operation per OPSS 2432, Photometric file No. Cooper OVH (flat glass)
OVH] SSXX2D.ies, Catalogue Number: OVHlSSXX2D, or approved equal. The luminaire shall be
complete with ]SO Watt high pressure sodium lamp ANSI designation S56SC-150. Each luminaire shall
be equipped with individual photoelectric controller and receptacle.
Each luminaire shall be equipped with a 3.0m aluminum single tapered elliptical bracket arm.
Payment at the contract price shall be full compensation for all labour, equipment and material to do the
work.
Section 617.0S ofOPSS 617 is amended by the addition of the following subsections:
617.05.11
Disclaimer
The Contractor must make such independent investigations and inquiries of the luminaire suppliers, as it
deems necessary, to satisfY itself as to the quality, quantity and timeliness of delivery of luminaires
required by the Contract, and to ensure that all material supplied by the Contractor satisfies the specific
requirements of this Contract.
If the luminaire supplier(s) is unable to deliver the luminaires required by the Contract in a timely
manner, the Contractor shall only seek its damages from the supplier(s).
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2007-41
19.
617.05.12
Marking
A permanent label shall be provided and attached to the interior of the Inminaire indicating the
manufacturer's name or trademark, catalogue number, date of manufacture, photometric cnrve number
and the ANSI/IES photometric classification and distribution type, the suitable supply voltage and
frequency, the lamp type, the lamp wattage and the nominal operating voltage of the lamp so that it is
clearly visible during maintenance operations.
A label including a wiring diagram shall be attached to each ballast showing the ballast schematic wiring
diagram and shall be visible during maintenance operations.
For asymmetrical luminaires with adjustable optical systems, an externally embossed identification mark
shall be located in line with the horizontal axis of the lamp.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-41
DESIGN GUIDELINES
SECTION 900
INSPECTION/CONSTRUCTION
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SECFlON 900 INSPECTION, MATERIALS AND CONSTRUCTION-J6
1.Q GENERAL
1.01 These guidelines an: to be used in conjunction with the conditions set out ill lhe
SubdiYision Agrecmeot, in plIticular Schedule "... -Duties of Ownc:ts F.qgi-<< lIOd
Schedule "L "--ReguIalioas for Construction.
1.02 The Owner's CoosuIting ~ shall provide full-time inspection and supcnisioa of
all Worb.
1.03 The Consulting F.nginea- shall take extensive pmlOIIStl uetion photos of surroaoding
lands, and shall provide dated/described copies of such photographs to the M~.
1.04 Construclion sites an: to be maintained to prevent lIDI1eCessaIy poDding of watc%.
1.05 Prior to requesting lite inspections (or re-iospcxtions) from the Municipality, lite
Consulting Engineer shall verifY the proper completion of the Worts, and submit a
written request
1.06 All equipmenl. materials and methods involved in lrenCh backfill, filling, grnouIars,
COncrete and asphalt shall be monitored and Certified 3S acceptable by lite owncr's
GeoteclmicaJ Engineer (see all3cbed fonn). Unless noced otherwise, the term "compacted"
shall mean 95% Slandard Proctor or higher (nalive materials) and 98% Stmdard Proclor or
higher (granular materials). Such certification shall be in a bm acceptable to lite Director
and shall include all supporting documeowion and test results. Mix designs for COIICIde
and asphalt shall be obtained and approved by lite Geotechnical Engineer. The
Geotechnical Engineer shall ensure lbat lite type, frequency, location and results of all tests
is sufficient to ensure certification. Furlbennore, lite Geotecltnical Engineer shall easure all
results for a given stage of construction are acceptable prior to commencing lite next stage
of construction.
2.0 STORM SEWERS
2.01 All materials shall be visually inspected by the Consulting Engineer upon delivery, to
ensure conformity with specilications and the approved engineering drawings, and to
ensure any damaged/substandard material is mned and removed from the site
immediately
2.02 lnslallation of storm sewers shall be continually monitored for adherence to proper
bedding, pipe laying, backfilling and compaction procedures. All storm sewers,
catch basins and manholes shall be Wnslructed !rue to line and grade. Street catchbasins
are to be installed in precise alignment with curb lines, and no tolerances will be
permitted. Rear yard catchbasins $hall be accurately surveyed and verified by the
Consulting Engineer for correct location prior to the issuance of a Certifiate of
Completion The precast tops of manholes and catchbasins shall be checked for excess
brickwork prior to roadbuilding.
(
INSPECT/ON, MATERIALs AND CONSTRUCT/ON-37
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2.03 Trench wickhs sIaII be l:qJt .t . minimum, wbiJc proYiUg proper widths to cub1e
mecbani~ ~ All trf'.nr.hillg must d1cn to Miaistry ofUbour~.
2.04 Manholes .-e to be "-'KIIcd with ~ saad, extaJding miD. 1.0 m hm the
outside flIlle of the sfructure. (c.tdtbuias min. 30lbm Iiom the fllCC of the MIdln).
2.05 House 00IIIIeCti0us _u exteod I.S m iaIo the lots lIDd be plugged with ;wroved
removable plugs. Bedding sIaII be lIS per ~ved standanl4nwing. Tees shaI be~-
manu&ctured fur pipes -4SQmn diameter .. smaller, ~ (00 site) if S2Smm dUmeter
or larger, .. sbaII be sec:un: .. wuertight The invcd of III tees shalI be located above
the $(Il'ingIine of b: sewer -m .. shalI be a minimtan of 600nun from the &earest
adjacent tee or joint, uo1ess approved otherwise.
2.06 Concrete pipes into/out of manholes shall be concrete mdIcd precisely to the first joint
2.07 All StOl1l1 sewers, including stn:et and rear yard catchbasin leads (and individual service
laterals where directed), shall be inspected using approved high quality video recording
equipment" procedlm:S. The inspectioo shall be carried our in a maoner acceptable to
the MWlicipality and all video tapes mall be submitted to the MWlicipality for review and
permanent storage. Video re-inspections may also be requested.
2.08 Infiltration shall not be permitted into the stonn sewer system. All leaks shall be
investigated to determine their source and shall be oom:cted to the satisfaction of the
Municipality.
2.09 Pipes which have failed in any manner, including cracking (O.3mm design loading cracks
excepted), exposed reinforcing or other defects, shaH Ill: removed and replaced to the
satisfaction of the Director. No repairs shall be lUIdettaIcen without the consent and the
direct supervision of the Municipality.
3.0 BACJ(JiULING, GRADING AND G~ ROAD BASE
3.01 Backfill containing organic or frozen material, or excessively moist material which
cannot support conventional compaction equipment. shall be deemed unsuitable and shall
not be used. The initial lift of native backfill shall not exceed 1.0 m in depth above the
compacted sand COver over the storm sewer and each addilional lift shan be placed in
layers not exceeding 300mm loose measurement (unless pre-authorized by the
Geoteclmical Engineer)_ Each lift shan be compacted until it has achieved the specified
density before any additional lifts are placed.
302 Backfilling operations shall follow pipe installation as closely as possible and be limited
to 75 metres of open trench maximum.
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INSPECTION, MATERIALS AND CONSTRUCTION-J8
3.03 The Gel>teo h.Ucal Engineu sbaIJ document aU tests, includiog failun:s and mests, in
sequential Olda', cootinuously tbrougbout die project A tGpy of aUlesI results sIIaII be
kept at die site tniIer, in addition to providing daily plotting of a1lles1 results 00 die plan
and profile .....ings.
3.04 The CoosuJliDg Engioccr sbaIJ eusure lbal die subgrade is fine graded to the c:>om:d
width, aacI lbal die minimwn J% aossfall is coasisteady maintained, witIJ DO
longitudinal IUts permitted. The GeotcdJnicaI l'-'lgi."CCr shall employ appovplUle Icsting
measures to assess die suitability of die subgrack, including plOOf-rolling, and sbaIJ lUke
appropriate RlCOIIIIIIcIlda to die ConswItiog P'1gineer lIlc1 Municipality. Wheuever
possible, .......ti?ed soft - in the subgrade shall be RpIaced with suitable native
material, not granular material. When addi600aI v-Iars II1USt be used, they sbou1d be
considlnd on a street by street basis. Subdrains must then be lowered acconIingIy, and
10: I liost tapm must be provided.
3.05 Subdrains shall be installed ooly after the subgr3de bas been proof-rolled and the road
structure has been finaJizolt Subdrains shall be installed true to line and grade, in a
trench condition, and sball be backfilled with approved ganular material baving
aggregates not exceeding 19nun. All subdrains shall be supplied with a filter sod.
3.06 The GootechniC31 Engineer shall confirm (in a form acceptable to the Municipality) the
acceptability of each stage of roadbuilding prior to subsequent stages commencing.
Subsequent stages of road construction shall not proceed without 3pproval from
Municipal staIf
3.07 After base curbs are installed, all Granular B mnst be regraded and verified by Municipal
staff prior to placing Granular A. (Any Granular A placed prior to base curbs shall be
considered Granular B).
3.08 Granular material shall be tested in acconlance with the latest O.P.S.S. specifiC3tiollS.
Material sball be tested at the pit and also as it arrives on site. Materialoot conforming to
the specifications shall be rejected and removed from site.
4.0 CONCRETE WORKS
40] Concrete to be supplied by MTO approved sources only. All concrete shall be
monitored and all appliC3ble tests (compressive strength. slump, air entrairunenl, etc.)
shall be carried out by the GeorecbniC31 Engineer as specified in accordance with the
applicable OPSS and ASTM specifiC3tions. Any material not meeting specifications
shall be rejected immediately.
4.02 All concrete to be placed as per the Municipality's Standard Drawings. Contraction joints
shall be in accordance WIth the Municipality's standard drawings and shall be completed
as early as practical and before any initial cracking occurs. Large cracks or several
INSPEffiON, MATERIALS AND CONSTRUffiON-J9
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smaller cracb betwcca 00IdI3cti0n joints in curbs wit ~ removal and rqJIW'~
of that seccioa of curb. Sidewab with distinct cncb will also ~ RpIac:anca
4.03 Curing CClOIpOlIlId sbaU be &eoaoosly 3pp1ied to aU apos.,d CXIIICn:te maces, n:ganIIess
of ambient t~.tlRs or season, bctwcca I and 2 bowl of fini""i..g
4.04 All curbs to be pIaccd IISiag approved curb ~ Excess c:oocrete formed during
curb machine placemeat sbaII be promptly lrimmcd aad raooved prior to settiog. The
minimum Ienglh of curb to be raooved and n:placed sbaU be IS m. No cooccete pitch
repairs sbaU be pamitted.
4.05 Prior to placcmeot of top curb, base curb shall be cleancd and then inspcc;ted by
Municipal staff. Base curb and stirrups shall be repaimI aodIor n:plac;cd as din:ctcd.
4.06 The depth of top curb at the edge of pavement shaD not be less lban 100mm and shall be
continually verified by the Consulting Engineer.
4.07 Immediately prior to the placement of top cwb or sidewalk, the existiug surface shall be
dampened with water to prevent leaching of rnoistun: fium the fresh COOCfete.
4.08 Driveways to be as per approved house sitiug plans, with minimwn widths of 4.6m for
single delached homes.
5.0 ASPHALT PAVEMENT
5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in
accordance with OPSS 310, 1003 and I UO (latest revisions thereof).
Marshall/exlr.K:tionldensity tests shall be carried out by the Geotechnical Engineer in
accordance with OPSS and relating to the approved mix design. Note: Provincial and
Municipal projects differ with respect to contract administratioo. paving project sizes,
Quality Control/Quality Assurance procedures and testing frequencies. As such, several
OPSS specifications are not appropriate for Municipal use and shall not apply, as
determined in the sole discretion of the Director.
Since current testing methods do not enable ongoing monitoring (and therefore corrective
action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure,
through their own Quality Control methods, that their product meets the basic standards
with no exceptions for 'borderline' test results permined. Any reference to 'borderline'
or to taking 'immediate corrective action' based on notification of laboratory test results
shall be deleted and the product deemed unacceptable Ie. OPSS 0310.0804.02 which
permits air voids beyond acceptable limits, provided the contractor takes 'immediate
corrective action' shall not apply. Unacceptable work shall be immediately removed.
Financial Compensation using MTO fonnulas (to offset service life reduction in
borderline work) may be considered, at the sole discretion of the Director, provided such
amOlUlt is calculated by the Consulting Engineer, and all parties are in agreement.
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INSPEmON, MATERIALS AND CONSTRUrnON-40
5.02 Prior to placiag Bface aspbaJt, bue aspIWt shaU be swept cleao of aU dirt, ddJris aod
dust Alas of base asphall sbaI1 be removed md IqlIaced as dircc:tcd, using a va6c:aI
sawcul at all _~ The use of a Geo-Grid Of 3pprovcd equivalent may also be
direcled by the Muoic:ipaIily. Low areas sbaI1 be padded to ~ a $1IffI(IC mal of
uniform thic:bess.
5.03 Each manhole is to be precisely raised to final grade, and verified by the Devdoper's
Consulting Eogineer md Mooicipal staff.
5.04 Tack coal shall be ~lied just prior to surface paving opcntioo.s and shall be allowed 10
dry until it is in a JII1lPCf oonditiOlJ of t"'Ckiness. The length of roadway prepa.<:d sball be
Iimiled 10 the immediate paving section, to reduce trading. II sba1I be eveoly 311P1ied at
the rate of 0.4 IitresIsq. m laking care not 10 spray c:wbs, sidewalks or any other adjacenl
surfaces.
5.05 Driveway paving shall be fully inspected and verified lOr depths of stone and aspbaIt, and
the compaclion thereof, and ensuring lhal asphalt is at a sufficient tempemure for
placement. InJA (HUF) will not be permitted, except in special cases with the
approval of the Din::doc. Crowning or rouodiog of the limestooe will not be permitted.
Materials testing may be ""Iuired fOr driveway apron gravel and asphalt, as directed.
6.0 TOPSOIL, SODDING AND SEEDING
6.01 All areas requiring sod sball fust be fme graded, inspected by the CODsultiog Eogioeer,
then prepared with 100mm of good quality topsoil. Topsoil and sodding shall meet the
requirements of OPSS 570 and 511, in addition to meeting any additional requirements
set out in these specifications. Boulevards shall have 2"1. positive drainage toward the
curb and shall be fully sodded, except in areas covered by driveway aprons or sidewalk.
6.02 All topsoil shall be liee liom native till or clay, roots, vegetation, weeds or debris, stones
and clods over 50mm in diameter. Imported topsoil, if required, shall he fertile, loamy,
screened material of a quality acceptable to the Director (containing approximately 4%
organic matter for day Ioams and Z% minimum organic matter for sandy Ioarns with
acidity range of 6.0 PH) Topsoil infested by the seeds of noxious weeds will not be
acceptable.
6.03 All sod shall meet the requirements of Ontario Sod Growet's Association No. I Bluegrass
Fescue Nursery sod The sod shall he taken from good loamy soil and shall he healthy,
well permeated with roots, have uniform texture and appearance and he liee liom weeds.
Sod must he laid within thirty-six (36) hours of being cut Care must he laken during its
transportation and placement to prevent any drying out Sod shall match nush with all
adjacent surfaces and shall have no open gaps, overlapping edges or uneven joints.
Where adjacent or fronting lands have already been sodded, care must be taken to ensure
..
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INSPEC710N, MATERIALS A.ND CONSTRUmON-Il
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drainage is 1Ibint-iucd aad a SIl100lh lraosilioo is achieved. On slopes J; I and steeper,
sod shall be stated as ~
6.04 Laid sod shall be ;,.......lilllely rolled to produce III evc:u surface aod WIIeriug shaH
conuneace im~lIfely lhcn:afttc and shall COOIiuue 00 a npIar basis _I heaItby roots
are well -""i.fled and JIClI1DaDent If sod fails Co esl3bIUb immediately, it shall be
removed and RpIaced. No aUerupI shall be IIIICIe Co by Co R:-establiah weat/dead sod
through c:ontiouaJ watering, unless specific permissioo is pded by the Dim:cor. The
entire wort shall be dooc in a Iboroughly worbnanJile IIIaIJIHr with an even surface, aud
professional in appc..~ Any sod deemed lIIlfit by the Dim:tor shall be immediately
removed from site and rqJba:d. In this n:gard, it is in the best interest of the c:onlnctor
to communicate with R:Sidc:uts R:garding the needs of newly laid sod over the first year.
6.05 Where approved by the Municipality, hydraulic -'i'lg IIJd mulchiog may be performed
provided that it coofonns to the Onlario ProvillCial Standard Specification No. 572.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2007-41
STANDARD DRAWINGS
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STANDARD NO.
OPSO:
2000.010
2001.010
2001.020
2001.030
2001.040
2001.080
2001.090
2]01.01
2103.02
2103.05
2210.020
2220.01
2225.010
2235.01
2238.0 I
2240.01
2242.02
2245.01
2245.020
2250.01
2255.010
2420.01
2421.010
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2007-41
DESCRIPTION
Electrical Abbreviations and Symbols
Electrical Legend I
Electrical Legend II
Electrical Legend III
Electrical Legend IV
Electrical Legend VIII
Electrical Legend IX
Duct Installation in Trenches
Duct Installation Profiles
Duct Installation at Utility Crossings
Installation of Direct Buried Poles in Slope
Pole Handhole Locations
Concrete Lighting Pole Direct Buried
Pole Guying Details
Wood Pole in Earth
Wood Pole with Elliptical Brackets
Wood Poles with Aerial Cables Lashed on Messenger
Installation of Aerial Cable Systems
Minimum Vertical Clearances for Aerial Cable Systems
Aluminum Tapered Elliptical Brackets on Metal and Concrete Poles
Pole Wiring Diagram l20V System
] .8m or 2.4m Aluminum Tapered Elliptical Bracket
Lamp Wattage Label for Luminaire
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ArG
AC
AWG
AMB
BFG
BGRD
BlK
BlU
CCT
CE CODE
CMS
CCTV
COMM
C/W
CO NO
CONT
COT
CSA
CTMS
DB
DC
EC
EMI
EQPT
ElV
Fa
FTMS
GRN
GRD
AI
A
Cu
F
H
Hz
ABBREVIATIONS
Above Finish Grade
Alternating Current
American Wire Gauge
Amber
Below Finish Grade
Bare Ground
Black
Blue
Ci rcu it
Canadian Electrical Code
Changeable Message Sign
Closed Circuit Television
Communication
Complete With
Conductor
Control
Conduit
Canadian Standards Association
Corridor Traffic Management System
Direct Buried
Direct Current
Electrical Chamber
Electromagnetic Interference
Equipment
Extra low Voltage
Fibre Optic
Freeway Traffic Management
System
Green
Ground
SYMBOLS
Aluminum
Ampere
Copper
Farad
Henry
Hertz
HH
HV
HEC
IGRD
IMPD
IND
ITS
JB
lCS
lV
MH
NEUT
NIC
OESC
PCS
PUC
PXO
RF
RFI
RMS
TS
XFMR
UPC
VDS
WHT
YEl
n
PVC
V
VA
W
Wh
ONTARIO PROVINCIAL STANDARD DRAWING
ELECTRICAL
ABBREVIATIONS AND SYMBOLS
Electrical Handhole
High Voltage
Hydro Electric Commission
Insulated Ground (green)
Impedance
Inductance
Intelligent Transportation Systems
Junction Box
lone Control Sign
low Voltage
Electrical Maintenance Hole
Neutral
Not Included In Contract
Ontario Electrical Safety Code
Permanent Counting Station
Public Utilities Commission
Pedestrian Crossover
Radio Frequency
Radio Frequency Interference
Romp Metering Station
Traffic Signal
Transformer
Underpavement Crossing
Vehicle Detector Station
White
Yellow
Ohm
Polyvinyl Chloride
Volt
Volt Ampere
Watt
Watt Hour
1996 09 151Revl
~
Date
OPSD
2000.010
DUCTS AND CABLES
__ 1>..- _
Exp
................tt...
111111111111
~
, I
V
===
I~
]
-~-~~
-*""lCU""*-lCU",*
-ll-lCA-II-lCA-II-
\
Ducts and/or Cables. Underground
Ducts and/or Cables. Surface Mounted
Ducts and/or Cables Embedded. "Exp" Indicates
Expansion Joint
Cables. Installed in Existing Ducts
Cables. Aerial
Cables. in Pavement Slot
Ducts and/or Cables, Future by others
Underpavement Crossing Identification Code. Note 1
Reference Point with Identification Code. Note 1
Duct Stub with Plug, Note 1
Existing Cables and/or Ducts to Remain in Place
Existing Cables and/or Ducts to be Removed
Existing Cables and/or Ducts to be Abondoned
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Identification Codes For Existing Duct or Cable Usage:
IDENTIFICATION CODES, Note 2
BCU Bell Cable. Underground
CCA Communications Cable. Aerial
DC Extra Low Voltage Detector Cable
GC Guy Cable
HC Hydro Cable
LC Lighting Cable
PC Power Cable
TS Traffic Signal Cable
TV Television Cable
NOTES:
1 The duct symbol shown is for illustration only, other
symbols may be used.
2 Add suffix U for Underground or suffix A for Aerial.
duct and/or cable
ONTARIO PROVINCIAL STANDARD DRAWING
1996 09 151Revl
ELECTRICAL LEGEND
I
Date
OPSD
2001.010
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MANHOLES. JUNCTION BOXES
IQI I MH32 I Electrical Maintenance hole with Identification Code
O I JB36 I Junction Box, Embedded or Surface Mounted with
. Identification Code
@ I HH21 I Electrical Handhole. Underground with Identification Code
PADS AND FOOTINGS
[j] I CP33 I
@ I F43 I
Lll I F44 I
. I SF3 I
POLES
. I P24 I
o I EP32 I
LS
LS
)8( I R33 I
Concrete Pad with Identificotion Code
Footing in Earth or Rock with Identification Code
Footing on Structure with Identification Code
Sign Footing with Identification Code
Pole with Identification Code
Existing Pole to Remain with Identification Code
Identification Codes for Existing Pole Usage:
A Authority Owned Pole
B Bell Pole
C Communications Pole
GP Guy Pole
H Hydro Pole
HM High Most Lighting Pole
LS Lighting Pole
TS Traffic Signal Pole
TV Television Pole
Existing Pole to be Removed with Identification Code
ONTARIO PROVINCIAL STANDARD DRAWING
ELECTRICAL LEGEND II Date
OPSD - 2001.020
OPSD
2001.030
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LUMINAIRES
o
d
<l
D
Luminaire
Luminaire with Shield
Floodlighting Luminaire
Underpass or Surface Mounted Luminaire
o
Luminaire, Number Shown Indicates Luminaire
Location on High Most Ring with Respect to
Pole Handhole, Note 1
--0
~
~
Luminaire with Bracket, Note 1
Existing Luminaire to be Removed, Bracket to Remain, Note 1
Existing Luminaire and Bracket to be Removed, Note 1
---{)F
Future Luminaire and Bracket, Note 1
I L18 I
Luminaire Identification Code
POWER SUPPLY
III
&.
Power Supply Equipment
Transformer
e
Generator
[M]
Power Supply Equipment, Pad and/or Footing Mounted, Note 2
SUPPLY 'A'
120/240V, 1. 3W
Power Supply Equipment Identification Code
other applicable description may be used for
transformer, generator, etc..
~
Photoelectric Controller
NOTES:
1 Luminaire symbol shown is for illustration only, other luminaire
symbols may be used.
2 Power supply equipment symbol shown is for illustration only,
other equipment symbols such as generator, tronsformer, etc.,
may be used.
ONTARIO PROVINCIAL STANDARD DRAWING
1996 09 151Revl
ELECTRICAL LEGEND
III
Date
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GUYING
---7
Single Guy with Single Anchor
Double Guy with Single Anchor
Double Guy with Double Anchor
Single Guy with Sidewalk Strut and Single Anchor
~
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===;
CONTROL EQUIPMENT
~
Controller Cabinet, Front Door Opens on Side Indicated
~
Ifr
Controller Cabinet with Adjacent Power Supply Cabinet on
Side as Indicated. Front Door Opens on Side Indicated
Controller Cabinet with Attached External Communications
Interface Box on Side as Indicated. Front Door
Opens on Side Indicated
Controller Cabinet, Pad and/or Footing Mounted, Note
em
u
Two Controller Cabinets, Pad and/or Footing Mounted,
Side by Side Type, Note 1
Two Controller Cabinets, Pad and/or Footing Mounted,
In-Line Type, Note 1
Identification Code for Traffic Signal Controller
Cabinet
I~~I
I TC21
NOTE:
1 Controller cabinet symbol shown is for illustration only, other controller
cabinet symbols may be used.
ELECTRICAL LEGEND IV Dote
OPSD
ONTARIO PROVINCIAL STANDARD DRAWING
2001.040
~
MISCELLANEOUS
~
Ground Electrode(s)
"
/
Cable Protection Bricks, Concrete Cap, or Marker Tape
in Trench
Identification Code for Removal Equipment
I R12 I
WIRING DIAGRAMS
o
Conductors, Single or Multiple, Identified by Note
Indicates Cables to be Installed in the Same Duct
Indicates Spare Duct for Future Use
2-~~ i),1 TS-75mm
T .
Wiring Identification Note
Duct Size. Aerial, or Direct Buried
Type of Cable:
TS - Traffic Signol
HV - High Voltage
LV - Low Voltage
ELV - Extra Low Voltage
CONT - Control
BGRD - Bore Ground
IGRD - Insulated Ground (Green)
CSA designations, may also be used
AWG Size of Conductor
Number of Conductors in Cable;
Not Required for Single Conductor
Number of Cables
4
-+-
In-Line Cable Splice; Number Denotes Number of Cables
--eL 3
Tap Coble Splice; Number Denotes Number of Cables
I -, OR r '\
L-.J \...,/
Wiring Enclosure, Manhole, Junction Box, etc.,
Identification Code Motches Layout Drawings
DORO
Equipment Item; Identification Code Matches
Layout Drawings
ONTARIO PROVINCIAL STANDARD DRAWING
1996 09 15 I Rev I
ELECTRICAL LEGEND VIII
Date
.1
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OPSD - 2001.080
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WIRING DIAGRAMS . CONT'D"
Single
Phase 2 Wire
BLK
WHT
GRN
System:
Black, Line
White, Neutral
Green, Ground
Single Phase 3 Wire System:
RED Red, Line 1
BLK Black, Line 2
WHT White, Neutrol
GRN Green, Ground
Three Phase 4 Wire System:
RED Red, Line 1, Phase A
BLK Black, Line 2, Phase B
BLU Blue, Line 3, Phase C
WHT White, Neutral
GRN Green, Ground
IA RED 71
Circuit Identification Code:
'A' denotes Supply Location 'A'
'RED' denotes Red, Line 1
'7' denotes Breaker or Switching Device No. 7
NOTES:
A Wiring Diagrams use Electrical and Electronic symbols common to industry
practice. Refer to CSA Standard Z99 for symbols not included in this Legend.
B Symbols for 'Existing' and 'Future' items are included only for widely used
items. In general, existing features ore shown in screened or light lines and/or
shown with a letter 'E'; new construction is shown in bold or heavy lines; and
future work by others is shown in light dashed lines and/or shown with a
letter 'F'. Prefix 'E' or 'F' in identification code indicates 'existing' or .future'
respectively
C Where Quantity Sheets are not used, location, size, quantity and type of
equipment to be installed may be indicated by notation on the Layout drawings.
o Symbols crossed out with an 'X' indicates 'for removal'. Symbols crossed out
with a double stroke . / / " indicates . to be abandoned".
ONTARIO PROVINCIAL STANDARD DRAWING
1996 09 151Revl
~
ELECTRICAL LEGEND IX
Date
OPSD
2001.090
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50mm min I
Typ
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TABLE 1
MINIMUM TRENCH WIDTH FOR ONE LAYER AND
TWO LAYER DUCT ARRANGEMENT
No OF No OF NUMBER OF 50 mm DUCTS
100 mm LAYERS
DUCTS 0 1 2 3 4 5 6 7 8 9 10
1 N/A 150 205 300 460 610 N/A N/A N/A N/A N/A
0 N/A N/A N/A N/A
2 205 300 350 460 460 610 610
1 150 255 460 610 610 N/A N/A N/A N/A N/A N/A
1
2 N/A N/A 205 255 300 460 460 610 610 610 N/A
1 300 460 610 N/A N/A N/A N/A N/A N/A N/A N/A
2
2 150 255 255 460 460 610 610 610 N/A N/A N/A
1 460 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A
3 N/A N/A N/A N/A
2 300 300 460 460 610 610 610
1 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
4 ~/A
2 300 460 460 610 610 N/A N/A N/A N/A N/A
NOTES:
1 Install ground wire in the duct, or trench as indicated in the contract.
A Install cable brick, or concrete slab, marker tape, concrete duct marker
where indicated in the contract. See OPSD-21 00.05.
B This drawing is used in conjunction with OPSD-2103.02.
C Contractor has the option of installing one, or two layer duct arrangement.
D N/A - Nat Applicable, undesirable, or exceeding equipment limits.
E All dimensions are in millimetres or metres unless otherwise shown.
Backfill
material
50mm min
Typ
a. _
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eO e
.~ 8 "E
eN
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E 51 5
0"- "'
~ 00 ...
Ground . ~ <D ~
~~:e 1 J L J I~ Sond beddi~~oun~ wire
50mm lSomm Note 1
e
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Finished grade
e
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...
Duct
Duct
50mm min j
..0."
;1.
o
.00
Duct
min
ONE LAYER
ARRANGEMENT
IN ROCK IN EARTH
ONTARIO PROVINCIAL STANDARD DRAWING
min
Ground wire
Note 1
TWO LAYER
ARRANGEMENT
IN EARTH
Date
DUCT INSTALLATION
IN TRENCHES
Date
OPSD - 2101.01
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450mm min
450mm min
Utility depth
Utility depth
Duct or outer edge
of conc encasement
Typ
Depth of
duct or
encase duct
CROSSING OVER UTILITY
CROSSING OVER CONCRETE
ENCASED UTILITY
Finished grade
Typ
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ll::
ll::
----
Slope to ovoid low point
where elevations permit
----
Slope to ovoid low point
where elevations permit
mm
min
mm
min
CROSSING UNDER UTILITY
CROSSING UNDER CONCRETE
ENCASED UTILITY
NOTES:
A The required clearance 'x' between the utility
and the duets or concrete encasement is:
UTILITY 'x' mm min
Ducts. Di reet
Buried or 100
Encased
All other pipes 300
High Voltage cables 300
All other cables 300
B Trench widths shall be kept to the
minimum required for working space.
Manual excavation and backfill methods
shall be used. with the utility supported
in place where required. where crossing
under a utility is necessary.
C All dimensions are in millimetres or
metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Date
DUCT INSTALLATION
AT UTILITY CROSSINGS
Date
OPSD
2103.05
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<t Pole
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Burial depth
Note 2
DIRECT BURIED POLE IN CUT
Offset
Note 1
I
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Edge of
travelled way
DIRECT BURIED POLE IN FILL
Burial depth
Note 2
NOTES:
1 Offset dimension as specified.
2 Burial depth shall be measured from the lowest grade elevation at pole.
3 This OPSD to be read in conjunction with OPSD 2225.010, 2232.010, and 2238.01.
ONTARIO PROVINCIAL STANDARD DRAWING
INSTALLATION OF
DIRECT BURIED POLES IN SLOPES
OPSD 2210.020
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Tapered elliptical bracket
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OPSD 2410.01
'"
Hondhole
CONCRETE
LIGHTING POLE
Installotion Dato
X y
Pole Burial
Length Depth 0
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10.7 1.65 0
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18.3 3.20
21.3 3.20
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Finished grade
Through
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Concrete encasement
in earth
L 760mm
min
NOTES:
A For installation in rock, this OPSD to be read in conjunction with OPSD 22DO.D2.
B All dimensions ore in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
CONCRETE LIGHTING POLE
DIRECT BURIED
Nov 2DD6 Rev D ~ STdN.
---------- ~~
OPSD 2225.010
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LINE POLE ATTACHMENT
Line Angle Less Than 300
~ Guy fitting where required. OPSD-2235.01
,)"00 /' ____ 16mm die galvanized steel thimble eye bolt
?j ~'" _____ with 75x75 mm square washer and nut
0... ;,
S >s>: _____ 3-bolt guy clamp, or preformed guy grip
S 1 0. ~ Compression connector
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I Plastic coble spacer, and nylon cable tie
Lashing wire clomp
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100
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and nylon coble tie
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or 3-bolt guy clamp _ '"'""'"
compreSSion~\()o
connector
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spacer, and
Nylon coble tie
Steel
messenger
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Note 1
Clevis for preformed
guy grip
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ANGLE POLE ATTACHMENT
Line Angle Greater Than 300
I
NOTES:
1 Far number and type of coble, refer to
layout drawings and wiring diagrams. For
coble arrangement, riser conduit and junction
box requirements, refer ta OPSD-2240.01.
2540.01, 2552.01. layout or detail drawings.
2 Lashing wire to be installed in 0 one wire
spiral lay using 0 mechanical coble lasher.
A Pole attachment height sholl be at 600mm
min from pole top and as high os possible.
For minimum attachment heights see
OPSD-2245.01
B Steel messenger cable sholl be installed to
tension os shown on OPSD-2245.01. size and
grade os indicated in the contract.
C For non-permanent installations of 70m span
or shorter, nylon cable ties at 450mm c/c
may be used in lieu of lashing wire for
coble support.
o All dimensions are in millimetres or metres
unless otherwise shown.
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I
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ONTARIO PROVINCIAL STANDARD DRAWING
WOOD POLES WITH
AERIAL CABLES
LASHED ON MESSENGER
I
Messenger coble clomp to suit line ongle
16mm galvanized steel machine bolt with
75x75 mm square curve washer and nut
Guy where required. OPSD-2235.01
lashing wire clamp
1 mm dia stainless steel
lashing wire, Note 2
Plastic coble spacer,
and nylon cable tie
1 mm dia stainless
steel lashing wire
Note 2
Note 1
Jumper
3-bolt guy clomp or
preformed guy grip
Compression conne~tor
Lashing wire clam~
Steel messengey /
Plastic cable spacer,
and nylon cable tie
/ 300mm
100757575 mox
#6 AWG system ground bore
wire in protective moulding
16mm dia galv
steel thimble eye
bolt, with 75 x
75mm square
washer and nut
DEAD END ATTACHMENT
Date 1992 12 15 Rev
Date
OPSD
2242.02
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/112 AWG stranded copper
ground wire to luminaire(s)
Note 1
Compression connectors,
copper to copper with
insulating covers
Ground stud
Low voltage {
cables
Une
Neutral
/16 AWG bare stranded copper
ground wire
Cable to cable ground connection
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riser wires
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Fuse holder kit
with 600V, 10A
KTK fuse
Pole Handhole
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--------- Tap
r-----
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I
ONTARIO PROVINCIAL STANDARD DRAWING
POLE WIRING DIAGRAM
120V SYSTEM
run where required
...J
Cable to ground
electrode connection
"IF-- Ground electrode located
Y os indicated on lighting
layout drawings
NOTE:
1 Broken lines indicate additional conductors for double luminaire installation.
Date
2255.010
OPSD
L
BRACKET
DIMENSION
1.8m 2.4m
H L 1.8m 2.4m
H 0.9m 1_2m
4.775mm woll thickness
Elliptical 64x108 70x125
Section mm 00 mm OD
Elliptical section
~1081 ro
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N 11 !
<4$' 62 AS>
SECTION A-A
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DETAIL A
BRACKET BASE PLATE
NOTES:
A For mounting details, see OPSD 2250.01.
B All dimensions are in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
1.8m AND 2.4m ALUMINUM
TAPERED ELLIPTICAL BRACKET
OPSD 2420.01
II
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Lamp wattage label
25mm min
BOTTOM VIEW
":.."...~~
25mm mln
Background colour
Note 1
Black
numerals
Note 2
75mm min
LABEL DIMENSIONS
SIDE VIEW
l
TYPICAL LAMP WATTAGE CODES
IDENTIFYING
NUMERAL
7
10
15
25
35
40
LAMP
WATTAGE
70 W
100 W
150 W
250 W
350 W
400 W
c
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NOTES:
1 A gold background sholl be used for high pressure sodium and fluorescent red
background for the metal halide labels. Labels shall be mode using high visibility
reflective sheeting.
2 All numerals on the labels sholl be black and mode from 9mm wide line and
numerals sholl be minimum of 50mm high.
A Do not cover manufacturer's label.
B Labels shall be the peel and stick type.
C All dimensions are in millimetres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Nov 2005
LAMP
FOR
WATTAGE LABEL
LUMINAIRE
OPSD
2421.010
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2007-4I
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
SEPTEMBER 1999
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GENERAL CONDmONS OF CONTRACT
Table of Contents
SECTION GC 1.0 -INTERPRETATION
GC 1.01 Captions......................................................................................... .......................... 1
GC 1.02 Abbreviations ..................................... ...................................................................... 1
GC 1.03 Gender and Singular Referenoes............................................................................ 1
GC 1.04 Definitions ................................................................................................................ 1
GC 1.05 Subslanlial Perfonnance.........................................................................................5
GC 1.06 CompIeIion...............................................................................................................6
GC 1.07 Final Acceptanoe.....................................................................................................6
GC 1.08 Interpretation of Certain Words ............................................................................... 6
SECTION GC 2.0 . CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Order of Precedence ............................................................................................... 7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority ........................................................................... 8
GC 3.02 Wor1<ing Drawings ................................................................................................;.. 9
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ................. 9
GC 3.04 Emergency Situalions............................................................................................ 10
GC 3.05 Layout.................................................................................................................... 10
GC 3.06 Working Area.........................................................................................................10
GC 3.07 Extension of Contract Time ................................,.................................................. 10
GC 3.08 Oelays.................................................................................................................... 11
GC 3.09 Assignment of Contract ......................................................................................... 11
GC 3.10 Subcontracting by the Contractor.......................................................................... 11
GC 3.11 Changes ................................................................................................................12
GC 3.11.01 Changes in the Wol1t............................................................................................. 12
GC 3.11.02 Extra Work............................................................................................................. 12
OPSGenInlICoI-'~ ..oI~.$opll."* tllll9
T_oICor**-1
GC 3.11.03 Additional WOIk ............................................................,........................................ 12
GC 3.12 Nolices...................................................................,............................................... 12
GC 3.13 Use and Occupancy of the WOIkPriorto Substantial Performance ..................... 13
GC 3.14 Claims, Negotiations. Mediation............................................................................ 13
GC 3.14.01 Continuance of the WOIk....................................................................................... 13
GC 3.14.02 Record Keeping..................................................................................................... 13
GC 3.14.03 Claims Procedure.................................................................................................. 13
GC.,3.14.04 NeQOtiaoons........................................................................................................... 14
GC.3.14.05 Mediation ............................................................................................................... 14
GC 3.14.06 Paymenl................................................................................................................ 14
GC 3.14.07 Rlghls of Both Parties............................................................................................ 15
GC 3.15 Engineering A1billalion ........................................................................................... 15
GC 3.15.01 Conditions for Engineering Albllralion................................................................... 15
GC ~.15.02 AlbhOOn Procedure............................................................................................. 15
GC 3.15.03 Appoinbnent of ArbIlralDr....................................................................................... 15
GC 3.15.04 Costs...................................................................................................................... 16
GC 3.15.05 The Decision.......................................................................................................... 16
GC 3.16 ~ical Finds ............................................................................................. 16
SECTION GC 4.0 . OWNER'S RESPONSIBILITES AND RIGHTS
GC 4.01 Working Area......................................................................................................... 17
GC 4.02 Approvals and PermIts ........................................................................................... 17
GC 4.03 Management and Disposition of Materials ............................................................ 17
GC 4.04 .Construction Affecting RaIlwayPtoperty .............:..............................................:.. 18
GC 4.05 Default by the Contrac:tor....................................................................................... 18
GC 4.06 Notification of Default ............................................................................................ 18
GC 4.07 ContraclDl's Right to Correct 8 Defaull................................................................. 18
GC 4.08 0Wner's Right to Correct 081.1'11........................................................................... 18
GC 4.09 Termination of c...41aclD(s Right to Continue the Work.....................,................. 18
T_oICGI-*-1
OP8~C ,. _oI~.84...._,..
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GC4.10
GC4.11
GC4.12
GC4.13
FII18l Payment to Contraclor.................................................................................. 19
Termination of the Contract................................................................................... 19
Continuation of Contractor's Ob/igations............................................................... 19
Use of Performance Bond ..................................................................................... 19
SECTION GC 5.0. MATERIAL
GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
Supply of Material.................................................................................................. 20
Quality of Materlal.................................................................................................. 20
Rejected Materlal...................................................................................................20
Substitutions .......................................................................................................... 20
Owner Supplied Material....................................................................................... 21
Ordering of Excess Material.................................................................................. 21
Care of Material..................................................................................................... 21
GC 6.01
SECTION GC 6.0 . INSURANCE, PROTECTION AND DAMAGE
ProIection of Work, Persons and Property ............................................................ 23
GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.b4
GC 6.03.06
GC 6.03.07
GC 6.04
Indemnification ..................................................................... .............. ................... 23
Contractor's Insurance........................................................................................... 24
General..................................................................................................................24
General Liability Insurance .................................................................................... 24
Automobile Liabirdy Insurance............................................................................... 24
Aircraft and Wdb:n",..fl liability Insurance............................................................. 25
Property and Boiler Insurance............................................................................... 25
Property Insurance ................................................................................................25
Boiler Insurance........................................ ............................................................. 25
Use and Occupancy of the Work Prior to Completion........................................... 25
Payment for Loss or Oamage..............................:................................................. 26
CoIdJactor's Equipment Insurance ........................................................................26
Insurance Requirements and Duralion.................................................................. 26
Bonding..................................................................................................................27
SECTION GC 7.0. CONTRACTOR'S RESPONSIBILmES AND CONTROL OF THE WORK
General.................................................................................................................. 28
GC 7.01
OP$ GenonII ~_ ofConlnld. S,plJ.,_1l1l19
T_of~.1l
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC 7.09
GC7.10
GC7.11
GC 7.12
GC 7.13
GC 7.14
GC7.15
Layout....................................................................................................................29
Damage by Vehicles or Other Equipment............................................................. 30
Ex' e ss Loading of Motor Vehicles ........................................................................ 30
Condition of the working Area............................................................................... 30
Maintaining Roadways and Delours...................................................................... 30
Atx:ess lD Properties Adjoining the Worlt and Intenuption of Utility Services....... 31
Approvals and Pennils ..........................................................................................31
Suspension of Work ..............................................................................................32
Co..ba(Ju(s Right lD Stop the Work or Terminate the Contract............................ 32
Notices by the Co.lbador .................;..................................................................., 32
Obstructions........................................................................................................... 33
Limilalions of Operations....................................................................................... 33
Cleaning Up Before AccepIanc:e ........................................................................... 33
Warranty ................................................................................................................ 33
SEcnoN GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
GC 8.01.01
GC 8.01.02
GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 8.02.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8.02.03.06
GC 8.02.03.07
GC 8.02.03.08
GC 8.02.03.09
GC 8.02.03.10
GC 8.02.03.11
Measuremenl........................................................................................................ 35
Quantilies................................................................................................................ 35
Variations in Tender Quantilies.~..........................................................................35
Paynlelll................................................................................................................ 35
Price for Work........................................................................................................ 35
Advance Paymenls for MaleriIIL.....................................................t...................... 36
Certlficalion and Payment .....................................................................................36
Progress Payment CertirIC6Ie................................................................................ 36
Certlficalion of Subconlract Completion .............:.................................................. 37
Subcontract S1alutory HoIdbeck Release Celtificale and Payment...................... 37
Certlficalion of SUbstantial PerfoImance............................................................... 37
Substantial Performance Payment and Subslantial Performance Statutory
Holdback Rerun Payment c.lIllo 11 e............................................................... 38
Certlficalion of Completion ...................:.......................................................:........38
Completion Payment and CompIelion Statutory HoIdbeck ReIeaM
Payment CeItiIll:&IiBa ............................................................................ ................. 39
1nl8Alst................................................................................................................... 39
Intenlsl for Late Payment......................................................................................39
1nl8nlsl for NegQti8Iions and CIIIima ..................................................................... 40
Owner's Set-Oft' ................................................. .................................................... 40
T'" of CalIlInIa-1v
OP8o...Ct. RrJ _oICa1l1r8C1-SL.. _1_
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GC 8.02.03.12 Delay in Payment ..................................................................................................40
GC 8.02.04 Payment on a Time and Material Basis................................................................. 40
GC 8.02.04.01 Definitions ..........................................................................:...................................40
GC 8.02.04.02 Daily Work Records...............................................................................................41
GC 8.02.04.03 Payment for Work........:.........................................................................................41
GC 8.02.04.04 Payment for Labour ...............................................................................................42
GC 8.02.04.05 Payment for Material.............................................................................................42
GC 8.02.04.06 Payment for Equipment.........................................................................................42
GC 8.02.04.06.01 Working Tme ........................................................................................................42
GC 8.02.04.06.02 Standby Time ........................................................................................................42
GC 8.02.04.07 Payment for Hand TooIs..............................h........................................................ 43
GC 8.02.04.08 Payment for Work by SUbcontraclors.................................................................... 43
GC 8.02.04.09 Submission of Invoices..........................................................................................43
GC 8.02.05
GC 8.02.06
GC 8.02.07
GC 8.02.08
GC 8.02.09
Final Acceptance Certificate.................................................................................. 43
Payment ofWorkers..............................................................................................44
Records .................................................................................................................44
Taxes and Duties...................................................................................................44
. Liquidated Damages....................................................,.........................................45
OPS~~.fllCanncl. Seplomboo '889
T_fII~.Y
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Ontario Provincial Standards
for
Roads and Public Works
September 1999
GC 1.01
GENERAL CONOmONS OF CONTRACT
SECTION GC 1.0 . INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience .
and for ease of reference only and in no way define, limit or enIaIge the scope or meaning of the
General Conditions or any provision hereof.
GCU2
Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organizations and phrases listed on the right
"AASHTq'
"ANSI"
"ASTM"
"AWG"
"AWWA"
"CESA"
"CGSB"
-CSA-
"CWB"
"GC"
"MOE"
"MTC"
"MTC"
"MUTeD"
oOPS"
-"OPSD"
"OPSS"
"PEC"
"SAE"
"SSPC"
"UL"
"ULC"
GC1.03
- American Association of State Highway Transportation Officials
- American NaIionaI Standards Institute
- American Society for Testing and Materials
American Wire Gauge
- American Water Works Association
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards Association
Canadian Welding Bureau
- General Conditions
Ministry of the Environment (Ontario)
Ministly of Transportation (Ontario)
MinistJy of Transportation (Ontario)
Manual of Unifonn Traffic ConlroI Devices, published by MTO
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Professional Engineers Ontario
SocIety of Automotive Engineers
StrucluraI Steel Painting Council
Underwriters Laboratories
Underwriters Laboratories Canada
Gender and Singutar References
.01 References to the masculine or singular throughout the Contract Documents shaH be oonsidered to
include the feminine and the plural and vice versa as the oontext requires.
GC 1.G4
DefinItIons
.01 For the purposes of this Contract the following definitions apply:
Actual Measurement: means the field measurement of that quantity within the approved limits of the
WOlK.
ClPS 0ener8I Coo ~1Iloo. 01 ConncI- .....nbeo 1_
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Additi0nai Work: means work not provided for in the Contract and not considered by the Contract
Administrator to be essential to the sali&fa.:to.-y COhlpletiol. of the ConlIact within its intended scope.
Bass: means a layer of material of spec:ified type and lhickness placed immediately below the pavement,
driving surface. finished grade, CUIb and gutter, or sidewalk.
Cet'tIficate of Subcontract Completion: means thece.lirlcale issued by the Conlract Administrator in
accordance with clause GC 8.02.03.02, Cerlific;alion of Subcollbact Completion.
CertIficate of Substantial Performance: means the oertificate issued by the Contract Admini$b ..!of at
Substanlial Perforinance.
Change Dinlctlve: means any written instruction sigaed by the OWner, or by the Conlract Administrator
when;i..sG authorized, directing \hat a Change in the Work or Extra Work be pelfo...le<L
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CharIge In the Work: means the deletion, extension, lnaease. deaease or aIleraIion of fines. grades.
dimensions, quantities, methods, drawings. substat IliaI c:hanges in geoleehnic:al, subswface, surface or
other conditions, changes in the character of \he Work to be done or materials of \he Work or part thereof.
,within1the intended scope of the Contract.
Change Order: means a writIIln amendment to the Contract signed by the Contractor and the Owner, or
the ConlIact Administrator where so autholized, CCMIring contingencies, a Change in \he Work, Extra
Wor1<, AddilionaI Work and changed subsurface c:ondltions. and establishing the basis for payment and the
time atloRd for the adjustment of \he Conlract Tme.
CompletIon Certlftcate: means the certificate issued by \he Contract Administrator at completion.
Constructor: means. for the purposes of. and within the meaning of the 0ccupaIi0naI Health and Safety
Act R.S.O. 1990, c.O.1, as amended and amendments thereto, \he Cohlrac*)( who executes the Contract.
Contract: means the undertaking by \he OWner and \he ec",Ii.....tu. to perfon.. their respective duties,
responsibiIilie and obligations as presaibed in the Co.lU..t Documents.
Contract Admlnlbhodur: means \he person. partnerahlp or COlpOlation designated by the Owner to be
the Owner's representative for the purposes of the c...41....t.
c....h_t Documents: mean the executed Agreement bat1"_n the OWner and the ContradDr, the
Tender, the General Conditions of Contrac:t, the 5upptementat General Conditions of Contract, Standard
Specifations, Special Provisions, ConlIact Drawings, addenda IncoI'poI "led in a Contract Document
before the execution of the Agreement, such other documents as may be Iis18d in the Agreement and
subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement.
Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnic:al Report, any
Subsurface Report and other reports and information prQYided by the OWner for \he Work, and withoUt
limiting the generality thereof, may include soil......lilas. foundation ilWellligatlon reports, reluf\"cil19 steel
schedules, aggregate sources 1is1s, Quantity Sheets, cross sectillo'lS and standard drawings.
Contract Time: means the time stipulated in the Cu........ Documents for SubItaIlliaI Performance of the
Wert, including any extension of Contract TIRIe made puISI81t to the ConlIact Documents.
ContraclDr: means the person, partnership or COI'pOI atkln undertaking the Work as identified in the
Agreement
ContnlIIIng Opendfon: means any component of the Work, which, If delayed, will delay \he c:ompIetion of
the Work.
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OPSGInnIllw- ..of~.'IIlUlIller1"
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Cost Plus: See 'Tme and Malerial".
CUt-otf Date: means the date up to which payment will be made for work performed.
DaUy Work Records: mean daily Records detailing the number and categories of workers and hours
worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and
description and quantities of Material utilized.
Day: means a calendar day.
Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or
Wol1<ing Plans. or any reproductions of drawings or plans pertaining to the Work.
Equipment: means aI machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as constructiOn machinery and-equipment
Estimate: means 8 calculatiOn oftheqtiantity or-cost-of-the'Wol1<-or1l8rt-~itidependingon thecontexl
Extra Work: means work not provided for in the Contract as awarded but oonsIdered by the Contract
Administrator to be' essential to the' satisfactory' completion of the Contract within its intended scope,
including unanticipated wort< required to comply with legislation and regulations which affect the Wort<.
Final Acceptance CeltifIcate: means the certificate issUed by the Contract Administrator at Fmal
Acceptance of the Work.
Rnal Detailed Statement: means a compIele evaluation prepared by the Contract AdmiriRib..ru. showing
the quantities, unit prices and final dollar amounts of all items of work completed under the Contract,
including variations in tender items and Extra Work. all as set out in the same general form as the monthly
estimates.
Force Account: See'Tme and Materiar.
Geotechnical Report: means a report or other information identifying soil, rock and ground water
- conditions'in the area of any proposed excavation or filL
Grade: means the required elevation of that part of the wort<.
Hand Tools: means tools that are commonly called tools or implements of.the trade and include small
power tools.
Highway: means a common and public highway any part of which is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral pIOperty lines thereof.
Lump Sum Item: means a tender item indicating a portion of the Wort< for which payment win be made at
a single tendered price. Payment is not based on a measured quantity: although a quantity may be given
in the Contract Documents.
Major Item: means any tender item that has a value, calculated on the basis of its actual or estimated
lender quantity, whichever Is the larger. multiplied by its lender unit price, which Is equal or greater than
the lesser of,
a) $100.000. or
b) 5% of the toIaI tender value calculated on the basis of the total of an the estimated tender
quantities and the tender unit prices.
Material: means matariaI. machinery. equipment and fixtunls forming part of the Work.
OPSGenodICo...kl .oreo..ct.I ,11_'_
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..
OWner: means the party to the Conbact for whom the Work is being performed. as idenlified in the
Agreement, and includes. with the same meaning and import, "Authority".
Pavement: means a wearing course 0( courses placed on the Roadway and consisting of asphaltic
COIlaete. hydraulic cement concrete - PorIIand cement COllCI"ete. 0( plant 0( road mixed mulch.
Perfonnance Bond: means the type of secuIity furnished to the Owner to guarantee completion of the
Work in llOCOI'dance with the Contract and to the extent provided in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Conbact DocIlments.
Project: means the construction of the Work as contemplated by this Contract.
Quantity Sheet: means a list of the quantiIIes of Work to be done.
Rate~ Interest: means the rate determined by the Minister of Finance of Ontario. and issued by. and
ava~ from, the Owner.
....,~,
RecOrds: mean any books. payrolls, aocounts 0( olher information which relate to the Work 0( any
Change in the Work 0( claims arising therefrom.
Roadway: means that part of the Highway designed 0( iIltended for use by vehicular traffic and includes
the Shoulders.
Shoulder: means that portion of the Roadway ~ the edge of the wearing surface and the top
inside edge of the cIilch 0( fill slope.
Special Provisions: mean speciaJ directions containing requirements pecufl8l'to the Work.
Standard SpecIfication: means a standard pradice requked and stipulated by the Owner. for
performance of the Work.
Subbase: means a layer of material of specified type and thiclcness belween theSubgrade and the Base.
Subcontractor: means a person, partnership 0( corporation undertaking the exeaI\ion of a part of the
Work ~ virtue of an agreement with the c...lba..Aur.
.,,~, ~
Subgl'llde: means the earth or rock surface, whether in cut 0( fill, as prepared to support the Base.
~and PlIvemenl
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.Pi.
Subsuifac:e Report: means a report 0( other irlfonnatlon identifying the Joc;ation of utIities. concealed and
adjacent struclUIes and physical obstructions which fall within the influence of the Work.
Superintendent: means the Contractor's authorized repl'll entalt"e in responsI)Ie charge of the Work.
Surety: means the person. partnership or corporation, other than the Conllaclor, lcensed in 0nlaII0 to
transact business under the Insurance Act, R.S.O. 1990,(:.1.8, as amended, executing . bond provided by
the ConllllGto..
Tender:' means an offer in writing from the Conllaclor, submilled in the formal pnISCIibed by the OWner.
to complele the Work.
TIme and MaterIal: means costs caIcuIal8d acconIing tel clause GC 8.02.04. Paymimt on a Tme and
MaleriaI Basis. Where "Cost PU" and "Foroe Account" _used they IhIIlI have the samelM8lling.
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OPIGIlIINICcIl -. ..afColllNcl. 11,1 _1"
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UtIlity: means an aboveground or underground facility maintained by a municipality. public uliIity authority
or regulated authority and includes services such as sanitary sewer. storm sewer, water, electric, gas, QU,
steam, data transmission. telephone and cable television.
Warnnty Period: means the period of 12 months from the dale of Substantial Performance or such
longer period as may be specified for certain Materials or some or all of the Work. Where a date of
Substantial Performance is not astablished, the Warranty Period shall commence on the date of
Completion.
Work: means the total construclion and related services required by the Contract Documents.
Working Area: means all the lands and easements owned or acquired by the Owner for theconstruclion
of the Work.
WorIcIng Day: means any Day,
a) except Saturdays, Sundays and statutory holidays;
'b) 'except aOD8yasdeterrilinecUly1he ContraCt'Adrninilllb.nur;'orl'whicll"1hecOoulraclorisprevented by
. IncIerrlent weather or conditions resulting immediately1hel..r.orrr,'from p1oceeding-with,ItControlling
'Opei'aIion. For the purposes of this definition. this will be a Day during whicIT the C,,"b..ck>rcannot
proceed with at least 60% of the normal labour and equipment forQeeffeclively engaged on the
Controlling Operation for at least 5 hours;
c) except a Day on which the Contrac:lor is prevented from proceeding with a ControUing Operation, as
determined by the Contract Administrator by reason of.
i. any breach of.the Contract by the Owner or If such prevention is due to the Owner, another
contractor hired by the Owner, or an emplOyee of anyone of them. or by anyone else acting on
behalf of the Owner.
i, on-'delivery of Owner-supplied materials,
iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the
Contractor to the satisfaction of the Contract Administrator.
WorIcIng Drawings: or Worldng Plans: . means any Drawings or Plans prepared by the Contractor for the
execution of the Work and may. without limiting the generality thereof. include faIsework plans, Roadway
protection plans. shop drawings. shop plans or erection diagrams.
GC 1.05
Substantial Performance
.01 The Work is subslanlially performed,
a) whel'lthe Work to be performed under the Contract or a subslantialparf:thereof is. JUdy for use
or is being used for the pwpose intended; and
b) when the Work to be perfornled under the Contract isQpable'of complelionor. where there is a
known defect, the cost of correction. is not more than
i. 3% of the first $500.000 of the Contract price,
ii. 2% of the next $500,000 of the Contract price, and
Ii. 1 % of the balance of the Contract price,
.02 For the purposes of this ConIract, where the Work or a substantial part thereof is ready for use or is
being used for the purposes inlended and the remainder of. the Work cannot be completed
expedltiously for reasons beyond the control of the Contractor or, where the Owner and the
C,,"b aCtoi agree not to complete the Work expeditiously, the price of the services or materials
remaining to be supplied and requirecl to complete the Work shaD be deducted from the Contract
price in determining Substantial Performance.
0P8 GenodI Col_" cI ecnr.ca. a-,.e....... ,-
"'5
GC 1.06
Comp/eIIon
.01 The Work shan be deemed 10 be completed _ .-vices or MaterIals shall be deemed to be last
supplied to the Work when the price of completion, correclion of a known defect or last supply is not
more ~ the lesser of,
a) 1 % of the Contrac:t price; or
b) $1,000.
GC 1m
final Acceptance
.01 rlO8l Acceptance shall be deemed 10 occur when the Contrac:t Adminislrator is satisfied that, 10 the
best of the Contrac:t AdministratOl's knowledge at that time, the Contractor has rectified all imperfect
work and has discharged al of the Co. l!l....u's obligalions under the Conlract. .
GC 1.08
Interpretation of Certain Words
.01.JJle words "acceptable", "approval", "aulhorized", "considered necUIll', "directed", "requQd",
. :~-.:'$8tIsfacto."'y", or words of like import, shaI mean approval of, dilectW, required, considered
. - ~sary or 8Ulhol~ by and aooepIable or salisfacbj 10 the Contrac:t AdminIstrator unless the
context cleaIly intfic8l8& otherwise.
'.. -~.:, ".:0-'
~ '~'.'"
..... .
ClPJ GlIaaI CcIcI - uf ConlnI!:t. '1$11 .... 1_
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SECTION GC 2.0 . CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract DocumentS
.01 The Owner wac rauts that the information fumlshed in the Contract Documents can be relied upon with
the following mlilalions or exceplions:
a) The location of almainline underground utilities which will affect the Work will be shown to a
tolerance of:
i. 1 m hoI izontal and
ii. 0.3 m vertical
b) The Owner does not wanant illlelpretations of data or opinions expressed in any SUbsurface
. Report a1l8Rable fortheperusa! of the Coodlactor and excluded from the Contract Documents; and
c) Other lnformation SpeCifically exdtlde<l from this warranty.
GC 2.02
Ordetof~
.01 In the event of any inconsis\enCy or conflict in the contenIs of the following documents. such
documents shall take prilcedence and govern in !tie fOllowing order:
a) Agreement
b) Addenda
c) SpecIal Provisions
d) Contract DrawIngs
e) Standard Specific:ations
f) Tender
9) SUpplemental General Conditions
h) General Conditions
i) Working Drawings
Later dates shaH govern within each of the above categories of documents.
.02 In the event of any conftict among or inconsistenCy in the informallon shown on Drawings. the
following rules shall apply:
a) DimenSions shown in ligures on a -Drawing shall govern wheIe they differ from dimenIlions scaled
from the same drawing;
b) Drawings of Iarget scaJe shall govern over those of smaller scale;
c) Detailed DrawIngs shall govern over general Drawings; and
d) Drawings of a later daIIli shall govern over those of an earlier date in the same S8IIes.
.03 In the event of any conftict in the conJents of Standard. SpetlflC8tions the following order of
preoedeIlCe shea govern:
a) Ontario Provlncial Standard SpacI1lcaIions; then
b) Other Standard Speci\icalionS. such as those produced by CSA. CGSB. ASTM and ANSI, and
referenced in the Ontarlo Provincial Standard SpecIfIcations.
.04 The Contract Documents are compIemeIltary, and what is requiIed by any one shea be as binding as
if requlred by 81. "
oPSGenonI COldllol,u' CaIDc:t. fl.. ~ 1..
...... 7
GC 3.D1
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
Contract Adminlstrator's Authority
.01 The Contract Adminislrator Will be the OWner's representative during construction and unbl the
issuance of the Completion certific:ate or the issuance of the Final Acceptance Certificate Whichever
is later. All instructions to the Cot ,bacllX including instructions from the Owner win be issued by the
Contract Administrator. The Contract Admilliltbcltur will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matIers in question relating to the pelformance and the quality of the
Work or the interp!elatiun of the Contract Documents shan be referred to the Contract Administrator.
.03 The Contract Administrator Will inspect the Work for its conformity with the plans and specifications,
agd to record the necessary data to estabrlSh payment quantities under the schedule of tender
qUantities and unit prices or to make an assessment of the value of the work completed in the case of
!~mp sum price contract.
."si;j
.04 .The Contract Admir,iltbdtu.. will determine the amounts owing to the Cu.dl.....tw under the Contract
and will issue certificates for payment in such amounts as provided for in Section GC 8.0.
Measurement and Payment
.05 The Contract Administrator wiD with reaSDilable prohlpb.JSs review and take appropIiate action upon
the Cot ,b u,,'s submissions such as shop drawings, product data, and samples in lKXXlIdauoe with
the Contract Documents.
.06 The Contract Administrator will investigate all allegations of a change in the character of the Work
made by the Contractor and issue appropriate inslrucIions.
.07 The Contract Administrator will prepare Change Directives and Change Orders.
.08 Upon wrllIen application by the CotdJaGIllt, the Contract AdmInistrator and the Contractor will joinUy
conduct an Inspection of the Work to establish the date of SlIbslanlial Performance of the Work
, and/or the date of Completion of the Work.
.09 The Contract Adrn/ni$bclhn wIl be. in the first instanoe, the inIerprele. of the Contract Documents and
the judge of the performance thereunder by both parties to the Contract. Inlerpletalio.1S and
del:isions of the Contract Admilliabator shall be consistent with the intent of the Contract Documents
and in making these decisions the Contract Adminil;bdlor wiD nOt show partiality to either party.
.~ . ~
.10 The Contract Administrator wiD have the authority to reject part c:A the Work or Material which does
not conform to the Contract Documents.
.11 Defective work, Whether the resuIl of poor workmanship, use c:A defective materia~ or damage
through carelessness or other act or omission of the Contractor and'Whether Incorporated in the Work
or not. which has been rejected by the Contract Administrator as failing to conform to the Contract
Documents shal be removed promptly from the Work by the Co..bca.hn" and replaced or re-executed
prompIJy in accordance with the Contract Documents at no additional cost to the Owner.
.12 Any part of the Work destroyed or damaged by such removals, repIaeements or re-executions shall
be made good, promplly. at no additional cost to the Owner.
.13 If. in the opinion c:A the Contract Administrator. it is not expedient to correct defective work or work not
performed in accordance with the Contract Documents, the Owner may deduct from monies
Olhelwise due to the CotlbaGlllt the difference in value between the work as performed and that
called for by the Contract~.
....
OPSGener.lCoo All .ofCoolhcl-lll~1 ..... 1_
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.14 Notwithslanding any. inspeelltVls made by the ContJact AdminIstralDr or the is$uanCe of any
ceI1if.cates or the maklllg of any payment by the Owner. the failure of the Contract AdI1liniStrator to
reject any defective work or MaletiaI shaU not CXlI'lSlItule acceplanCe of defedlve work or Material.
.15 The Contract Administrator wilt have the authority to temporarty suspend the Work for such
reasonable time as may ~ nee E mry to faciIIIate the cheeIcing ci any pOrtIon of the Cu.dl.actor's
construcIion layout or the inspection of any portion of the WOlk. There shall not be any extra
compensation for the suspension of work.
GC 3.02
Working Dnwlngs
.01 TheCu. ,b ac;tor shaH anange for the preparation of clearly identified and dated Working Drawings as
called for by the ContJact 00cumen\:S.
.02 The Contractor shaH submit Working DrawingS to the ContJactAdminis\l'lllor !IIilh AI8SOl18bIe
promptness and in orderly sequence so as tonotciliJie delliY irttheWorK '"lf~theeo.dlliQtor or
the ContJact Administrator so requests theY. shaljointIyprepar8'81lCh1!l1:llde filclng the dates for
submisSion and return ci Worl<ing Clawing&. W0r\dn9 Olawings shaH be subllIltted in printed fonn.
At the time of 5lIbIllIssion the C"ubactor shaH notify the ContJact AdmInistrator In writing of any
de..iations from the ContJact requiRlmentS that exist in the Working Drawings.
.03 The Contract Adhlihillbdl\.. will review and return Working Drawings in accordance with an agreed
upon schedule. or 0lherWi&e. with reasonable promptness so as not to cause delay.
.04 The ContJact Administrator's review wiU be to check for conformilY to the' desig,nxlIlC8Pt and for
general anangernflIIt only and such review shall not relieve the Cu.~bac;tor of nl8flOIlSibiIity for enors
or omisslons in the WoIIdng DrawingS or of responsibility for meeting aU requiremel1tS of the COIIl1act
Documents unless a deviation on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Contractor shaft make any changes in WodcIngDrawingS which the ContractM............ may
require consistent with the Contract Documents and IeSUbInit unIe&s otheIwise dilectBd by the
ContJact AdrninislratOl'. When 1eSUbmilIing. the eo.dlaclllr shaRnotify theContJact Admlnillbodur in
wrIlingof any I8IIisions OCher than those requested by theContJact Admillillb.......
.06 WOrk related to the Working Drawings shaH not proceed until the WodcIng Drawklg$ have been
signed and dated by the Contract Administrator and marked with the WOlds "RevieWed. Permission
toconstructgranted.-, . .'
.07 The Contractor shallceep one set of the,nwieWedWOlking Ol..~ marked as above,at the site at
all tlmas.
GC 3.03
Right of the Contract Administrator to ModIfy Methods and equipment
.01 The Contractor shaI. when requeste(l in wrIling. make alterations "in the method. Equipment or work
force at any time the Contract Admini&tralDr considers the Cu. lIiac:tor's actions to be lInS8fe. or
damaging to either the Work or existing facilities or the environment
.02 The Contractor shal, when I8qU8Sted in writing. aIler the sequence of Il& operations on the Contrac:t
so as to avoid illterfeIence with work being peIfonned by others.
.03 NolwithSlanding the fOI"9011l1l. the c<",bacIDI shall ensure thata. necllnry safety ~ and
prote<:tion are mainlIIned thnlughout the Work.
OP8GeneN1Col~1I1 .oICon11*:l.S ,I ~lt>..1'"
..... .
GC3.04
Emergency Situations
r,
.01 The Contract Administrator has the right to determine \he existence of an emergency situation, and
when such an emergency situation is deemed to exist, the Contract AdmboMldM may instruct the
CO..b....h.r to lake action to remedy the situation. If \he Conbactor does not take timely action, or if
the Contractor is not available, the Contract AdmiNstl6tor may cflleCt ~ to remedy the situation.
.02 If the emergency situation was the fault of the Co..b....tu... the remedial work shall be done at \he
Contraclol's expense. If the emergency situation was not the fault of the Contractor. the Owner will
pay for the remedial work.
GC 3.os
Layout
.01" The Contract Administrator d provide baseline and benchmark infonnation for the general location,
..l!ignrnent and elevation of the Work. The Owner wiI be responsible only for the correctness of the
' .,~ provided by the Contract Administrator. '
GC 3li6 Working Area
..-......
.01 The COntractor's sheds, site oI6c:es, toilets, other temporary slructIn'es and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition
alan limes.
.02 The Contraclcr shaH confine his construction operations to the Worlcing Area Should \he Contractor
require more space than that shown on the Conbacl Drawings, the Co.lb.u.. shaH obtain such
space at no additional cost to the Owner.
.03 The Contraclcr shaH not enter upon or occupy any private property for any purpose, unless the
Contractor has received priorwrillen permission from \he property owner.
GC 3.07
ExtensIon of CoI,bacl TIme
.01 An application for an extension of Contract Tme shaH be made in writing by the COa.b.....a.. to the
Contract Administrator as soon as \he need for such extension becomes evident and at least 15 Days
prior to the expiration of \he Contract Time. The application for an extension of Contract Tme shall
enumerate the reasons. and state the length of extension required.
.02 ,CiR:umslances suitable for consideration of an extension of Contract TIme,include the following:
a) Delays; See subsection GC 3.08. '
b) Changes in the Work; See clause GC 3.11.01.
c). Extra Work; See clause GC 3.11.02.
d) Additional Work; See clause GC 3.11.03.
.03 The Contract Administrator d, in considering an application for an extension to the Contract Time,
take into account whether the delays. Changes in the Work, Extra Work or AddltionaI Work involve a
ConlroHing Operation.
.04 The Contract Tme shall be extended for such additional time as may be recommended by the
Contract AdminbobdM and deemed fair and reasonable by the Owner.
.05 The terms and conditions of the Contract shaH continue for such extension of Contract Time.
... to
OPS GenenlConclllooaaf~. S.plll....' t.
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GC3.oa
Delays
.01 If the ConIJ;8clor is d~ in the perfonnanceoftheWork by,
a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the
Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly,
contnuy to the provisions of the Contract Documents;
b) a stop work order issuecI by a court or public authority, provided that such order was not issuecI as
the result of an act or omission of the Cu..b....b' or anyone employed or engaged by the
Contractor directly or indirecIly;
- c)the'Contract-AdrnilAballorgiving notice undersubseclionOO-7.09; Suspension of Work;
d) abnormal inclement weather; or
- e) 'archaeological finds in accordallce willi subsection 00 3.16;ArchaeQIogical Finds,
then the Contractor shall be reimbursed by the Owner for reasonable costs incumld by-the Contractor
as the result of such delay, provided that in the case of an appIic;alion foranexlellSion of Contract
TlIIie'due to abnormal' incIilmentlllealher; 1he'Cu.dl.actot .shaIt,wilh-the-Conbaclor'$application,
submit evidence from Environment Canada in-support of such-appIicalion."-Exlenslon of Contract
Time will be granted in accordance willi subsectionGC3m, Extension of Contract Tme.
.02 If the Work is delayed by labour dispules,sbikes or Iock-ouls- including Iock-ouls decreed or
recommended to lls members by a'recognized COI'Ilrac:*II's' association, of which, the ContraclDr is a
, 'member or to Which the Cor.backll is otherwise bound . which are beyond the Cor ,lracto(s c:onlrol,
then theConlract line sl1aII'be' extended' in' accordarlGewith' subsection 00. 3.07; 'ExtensIon of
Contract Tune. In no case shalthe extension of Contract Tme be less than the lime Io$t as the
"result of the event causing the delay, unless a shorlerextenslonis agreed to by the Cu.lba..tu.; - The
Cu.lb....tu. shaD not be enlilIedliDpayment for costs incurred as the result of-such detaysunless such -
delays are the result of actions by the OWner.
GC 3.119
AssIgnment of COntract
.01 The Contractor shaU not assign the Conlract, ellher in whole or in part. without the wrilleJl consent of
the OWner.
GC3.10
St.iboolltradlng by the Contrac:tor
- .01 The Corllraclor may subcontract any part of the Work; subject to these GeneralCondilions and any
Um.'taliol1S specified in the Contract Documents.
.02 The ConIJ;8clor shaD notify the Contract AdlriinlsbalDr, in'Wl'iting:ur I.. Uenllon-to NlcoIIllact. Such
nolilicalion shaH IdenlIfy the part of the WOIk; and the Sub..u..b....b with whom it is intended.
.03 The Contract AdminislratorwiU. wIlhln 10 08ysofreceipt ofluch roolilicaliOn,-aocept or reject the
intended Sub..u..back),'. The rejedionwillbeinwriling'andwBI include Ute reBIDIIS for,the rejection.
'.04 The Cor lllactor shall not, without the written consent of the OWner, change a SlAl......lb....b' who has
been engaged in acconlance with subsection 00 3.10 S~,bllCli.g by the Cu.1lIack),.
.05 The ContraclDr shall preierve arid protect the rights of the parties under Ute Contract with respect liD
that part of the Work liD bepelformed under subcolllractand shall.
a) enter into agreements wilh the illellded SUbcorllI8c*lrs liD require them III performlheir work in
acconIance with the Contract Documents; and
b) be as fully responsible liD the OWner for acts and omissions of the Contractor's SI4lcoI,lIll1C1orS and
of pel'liOnS directly or Indirectly employed by them as for acts and omissions of peraons direclly
employed by the Contractor.
OP8Gener11Cooolllloo..fIf~"l.1 _ t_
"-u
.06 The OWner's consent to subcontracting by the Contractor shaI not be construed to relieve the
Contractor from any obligation under the Contract and shall not inpose any liability upon the Owner.
Nolhing contained in the Contract Documents shall create a CXlntraclual relationship between a
SUbcontraclor and the Owner.
GC 3.11
Changes
Changes in the Work
GC 3.11.01
.01 The Owner, or the Contract Adninistrator where so authorized, may, by order in writing, make a
Change in the Work without invalidating the Contract. The Contractor shall not be required to
proceed with a Change in the Wolk until in receipt of a Change Directive. Upon the receipt of such
Change Directive the CO"b........ shaI proceed with lhe Change in the Work.
.02 ..:!i!le Contractor may apply for an extension of Contract Tme according to the tenns of subsection GC
3:07, Extension of Contract Tme.
.03 If.the Changes in the WOlk reIale solely to quanlilies, payment for that part of the Work wiD be made
-aix:ording to the conditions specified in clause GC 8.01.02, Variations in Tender Qu..tili=.. If lhe
Changes in the Work do not solely reIale to quantilies, payment may be negotiated pursuant to
subsection GC 3.14, Claims, Negotiations, MecIalIon or payment may be made according to the
conditions contained in clause GC 8.02.04, P~ on a Tine and Material Basis.
GC~11.o2
Extra Work
.01 The Owner, or Contract Administrator where so authorized, may inslruc:t the Contractor to peIform
Extra Work without invalidating the Contract. The Contractor shaa not be required to proceed with the
Extra Wolk until in receipt of a Change Directive. Upon receipt of such Change Directive the
Conb actor shall proceed with the Extra Wort<.
.02 The Contractor may apply for an extension of Contract Tme according to the terms of subseGtion GC
3.07, Extension of Contract Tme.
.03 Payment for the Extra Wort< may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Medialion, or payment may be made according to lhe conditions contained in clause
GC 8.02.04, Payment on a Tme and MaterIaf Basis.
GC 3,1.1.03
Additional Work
.01 ~ Owner, or Contract Administrator where so authorized, may request the Contractor to peIform
Additional- Work without invaIidaling the Contract. If the Co..b cd.. agrees to peIform Additional
Work, the Contractor sha. proceed with such AddIIion8I Work upon receipt of a Change Order.
.02 The CoI,bactor may apply for an exIension of Contract Tme according to the terms IX subsection GC
3.07, Extension ofContractTme.
.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, ClaIms,
Negotiations, Mecfl8llon, or payment may be made according to the condilions contained in clause
GC 8.02.04, Payment on a TII11e and Material Basis.
GC 3.12
NotIces
.01 Any notice pennllted or required to be given to the Contract Administrator or lhe SUperintendent in
respect IX the Work shall be deemed to have ~ given to and received by the addressee on the
dale of delivery if delivered by hand or by facsimie transmission and on the fifth Day after the dale of
IlI8Iing If sent by mal.
"'12
OPSGenecal c...........III~- s..,Ao.,_1118
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.02. The COO.b....... and the OWner shall provide. each olher with thernalllng ~ssea. telephone
numbers and fac$lmile lenninaI numbers for the ConlIaCl Admi..... and the Supefinlendent at the
oommencement of the Work.
.03 In the event of an emergency sib'llJiorI or other urgent mauer the Contract AdmIl1IstraIl:l or the
Superintendent may giVe a verbal notice, provided that such notice is 001 ..1nned in writing within 2
Days.
'.04 Any notice .permitted orrequiled In be given In the Owner or the Contractor shal be given in
. accordance with the notice provision of the ConJracl
GC3.13
Use and Occupancy of the Work Prior to Sublltllnlial ~
.01 Where it is not contemplated elsewhere in' the Contract Documents; the OWner may lI$8 or occupy
the WOIk or any part thereof prior In SUbslanlilll'Pel~.....nee;- p1ovidecUhat.at.tllast 30 Days' written
notice has been given In the COlltJactor.
.02 The use or occupancy of the WOIk or any part thereof bytheOWnerprior-toSlibstantiaJ PerfonA81'1C8
shall not constitute an aoceptal1ce of the Work or parts so occupied. In --addilion, the use or
occupancy of the WOIk shall not nlIieYe the Cu.dlactor or the Cu./h6ClDts SUrety from any liability
. that has arisen, or may arise, from the perfonnanceoftheWOlkin8CCORlance.withtheCUlItract
Documents. The Owner wiI be responsible for any damage that occurs because of the OWIle(s use
or occupancy. SUch use or occupancy of any part of the WOIk by the OWner does not WlIIive the
OWIle(s righttoeharge.the Cu.lbadorliquidaled damages in accordance with thelielmS of the
Conlracl
GC3.14
GC 3.14.01
ClaIms. NegotIations.IledIatlon
Continuanc:e of the Work
.01 Unless the Contract has been terminated or compleIed, the Conlraclor shall in every case, after .
serving or receiving any noJilicaIion of a claim or dispule;verbel or wrltIien, continua In p10eeed with
the Work with dlie diligence and expedition; It -is undellltllod by'theparties that such.action wll not
jeOpardiZe any claim it may have. .
GC 3.14.02
Record Keeping
.01 Immediately upon commencing work which may rasuIt in a claim. 1heCOO/h....luo shall keep DaRy
Work Records during the course of the Work, suIficient In subslantiate the Cu..b.cb"s c:l8im. and1he
Contract AdmiI...... wi! keep PalIy WOrk'Rec:ords'IlJ be used i1nss . III the Cu.lllaclDr's claim.
sHin 8CCllIdallC8 with clause GC 8.02.07. Records.
.02 The Contractor and the Contract Administrator shall reoouc:ile lheir respective Daily Work Records on
a dally basis. to sifnP&fY review of the claIm,when submitted.
.03 The keeping of Daly Work Records by the Contract AdmilMlik.o or the reconciting of such DaRy
. Work Records with those of the. Coo.. actor shall not be oonstrued In be aooepIatlC8 of the oIaim.
GC 3.14.G3
C181ms Procedure
.01 The Contractor shaD give verbeI notice of any silL8tion which may lead In 8 claim for additional
payment immecIiaIeIy upon bacoIlllng swans of the 1iIualIon.
.02 The ContracIoI shall provide wriUen notice in the standard fonn "Notice of Intent In CI8Im" wilhJn 7
Days of the COIIlI'lIllIlOlIIIlent of any part of the Work which may be atrec;ted by the slIuatIon.
OP8G1ne1111c... 'Il' -ufQlnllllcll. a..1 .iIlIf'lIt
""3
.03 The Contractor shaH submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of 1he work all'6dled by 1he situation. The detailed clain shaI:
a) identify the item or Items in respect of which 1he clain arises;
b) state.the grounds, contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the ContracfDr supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing
from th!l Contract Adminislrator.
.04 Within 30 Days of the receipt of the ConIractoI's detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
COIIsiders necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request
.05 Within 90 Days of receipt of the detailed clain, the Contract Admlr..b..... shall advise the Contractor,
in writing, of the Contract Adminislrator's opinion with Iegald to the vafldity of the claim.
ilIF.
GCU4.04 NegotIatIons
.;-~..
.01 -The parties shan make all reasollable elJorts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosllre of relevant facts, information, and
. documents to faciH!lott: these negotiations.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respecl to
.,any part of the claim. the Contract Admirli$1lclb",' shaH enter into negotiations with the Contractor to
resolve the matters in dispute. Where a negotiMed setIIement cannot be reached and it is agreed
that payment cannot be made on a Tme and Material basis in accordance with clause GC 8.02.04,
Payment on a Tme and Material Basis, 1he parties shaH proceed in accordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration.
GC 3.14.05
Mediation
.01 If a cIain is not resolved satisfactorily through 1he negotiation stage noted in clause GC 3.14.04,
. Negotiations, within a period of 30 Days foIIa.Ning 1he opinion given in paragraph GC 3.14.03.05, and
. the Contractor wishes to pursue the issue further, the plries may, upon mutual agreement, utilize 1he
selVicas of an independent third party mediator.
.02 The mediator shall be mutuaUy agreed upon by 1he owner and Co,.b....tu..
.03 The mediator shall be knowledgeable regarding 1he area of the disputed issue. The mediator shaH
.,~ with the parties together and separately, as necessary, to review II aspecIs of the issue. In a
hi attempt to assist the parties in resolving 1he issue themsetms prior to proceedklg to af'bibcdiun
the medialur shall provide, without prejudice, a non-bInding recommendation fOr settlement
.04 The review by the mediator shall be completed within 90 Days foIowing 1he opinion given in
paragraph GC 3.14.03.05.
.05 Each party is responsible for its own costs related to 1he use of the third party mediator process. The
cost of the third party mediator shaH be equally shared by 1he Owner and Co,.b...Aur.
GC 3.14.0&
Payment
.01 Payment of the claim wiU be made no lalIer than 30 Days after 1he dale of reso/ution of 1he claim or
dispute. Such payment wll be made aclCOIdlng to 1he terms of SecIion GC 8.0, ~rement and
Payment
"'14
opso... CoIl111b...ofConnct-III~1I ,_1_
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00 3.14.07
RIghts of IIoth Parties
.01 It is agreed that no aetion taken under this subsection GC 3.14, Claims, NegotIations. Mediation. by
either party shall be 'construed as a rellllllCiation or waiver of any of the rights or recourse available to
the parties. provided that the requirements set out in this subsection are fulliled.
003.15
engineering ArbItration
Condlltons for Engineering ArbItratIon
00 3.15.01
.01 If a claim is not resolved r.atibracloiily through the negotiation stage noted in clause GC 3.14.04.
Neyutialions, or the mediatiorl stage noted in clause GC 3.14.05. Mediation, either party may invoke
the provisions 'ofsubeeclion GC 3;15. Engineering A1bibdliun, by giving written notice to the other
party.
.02, Notification that arbitration shall be implemented to resolve lheissueilhallbe-eommunicaled in writing
as soon as possible and no Iaterthan"60"Oays"foIIowing"1he opinion,'giwn in paragraph GC
3.14.03;05. Where the use of a third part1 mediator was implemented; noliIication shaH bewllhin 120
Days,of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures of the AttJiI1ation Ad. 1991. 8.0. 1991, c.17. as amended, shall apply to
.any'lIIbitration conducted, hereUnder except to the extent that they are modified by the express
provisions of this subsection GC3.15, Engm-ing Arbib.....i.
003.15.02
ArbItration Procedure
.01 The following provisions are to be Included in the ag.--nent to ll/bibodto and lIIe subject only to such
right of appeal 'as exist where thearbilJatorhas ~'his or her jurisdiction or have olhenIIise
disqualilied him or heI$elf:
a) All existing aclions in T8SpllCt of the matters under lIIbiIrationwll'bestayed pending al'billation;
, b) ,All outstanding claims and matters to be selIIed lIIe to be setout in a schedule to,the agreement
Only such claims and hdele as are in the schedule will be lIo'bibcdbd; and
c) Before proceeding with the arilIbaliull, the Co,.bactor shaa cOllfinll that aU matIenI in dispute are
set out in the schedule.
00 3.16.03
AppoIntment of ArbItrator
.01 The arbitrator shall be mutually agreedupon'by'lheOwnerand ~adjudicale the, dispute.
'.02 Where the Owner and Co,lbactor canoot agree on a sole aibib...... within 30 Days of the nollflcation
of arbitration noted in paragraph GC 3.15.01.02, the Owner and the COhbactorshall each choose an
appointee within 37 Days of the notice of arbitration.
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appoil.tee was ~ or they shall refer the matter to the Arbilration and Me "'Iion Institute
of Ontario Inc. which will select an ll/bibalor to adjudicate the dispute wI\hln 7 Days of being
requested to do eo.
.04 The arbitrator shall not be i_nbttl financiaIy in the Contract nor in either party's bueiness and shall
not be employed by either party.
.05 The arbitrator may appoint independent expeIlS and any other peIIOIlS to assist him or her.
OPS_Cal_.oreo...t.IL~lI._,_
P8ge1.
.06 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may
hear and consider any evidence which the arbIb..1u( considers relevant
.07 The hearing will commence within 90 Days of the appointment of the arbitrator.
GC 3.15.04
Costs
.01 The artlitrator's fee shaft be equally shared by the Owner and the Contractor.
.02. The fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shared equaHy by the Owner and the Contractor.
.03 The arbitration hearing shaH be held in a place mutuaHy agreed upon by. both parties or in the event
the parties do not agree, a site shal be chosen by the arbitrator. The cost of obtaining appropriate
faciIiIies shall be shared equally by the Owner and the CO"b....tu...
"-""'.. .
.04 . The arbitrator may, in his or her disaelion, award reasonable costs, related to the arbitration.
GC 3.15.05
The Declston
.01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be granted with consent of both parties. payment shall be
made in accordance with clause GC 3.14.06. Payment
GC 3.16
An:haeologlcal FInds
.01 If the Contractor's operations expose any items which may indicate an archaeological find. such as
building remains, hardware, accumulations of bones, pottery, or arrowheads. the Contractor shall
immediately notify the Contract AdminislralDr and suspend opeIlItions within the area identified by the
Contract Administrator. Nolificalion may be verbal provided that such notice is confirmed in writing
within 2 Days. Work shaH remain suspended within that area until otherwise directed by the Contract
AdministralDr in writing, in accordance with subsection GC 7.09, Suspension of Work.
.02 Any delay in the completion of the Contract that is caused by such a suspension of Work wi. be
considered 10 be beyond the COntractor's conlroI in accordance with paragraph GC 3.08.01.
- .03 Any work directed or authorized in connection with an archaeological find wiH be considered as Extra
, ~ in accordal.ce with clause GC 3.11.02, Extra Work.
~.... .
'-.,}'~"7
-.. '~-r
"'18
OPSCJeMql Cp .... af~-llPlI.lber 1l1li
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GO 4.01
SECTIOM. GO 4.0 ~ OWNER'S RESPONSIBILITIES AND fUGHTS
WoI'Idng ArM
.01 The Owner wiD acquire aU property righls which are deemed ~'Y ~ the Owner for the
construction of the WOl1<, lncIuding temporary working easements. and wHl indicate the full extent of
the Working tvea on the ConlIact Drawings.
.02 The Geotechnical Report and,Subsurface Report which wHl be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings. .
GC4.02
~aJs and Pennlls
.01 The Owner will pay for 811 plUmbing and building penniIs.
.02 The Owner will obtain and pay for all permils, licenses and ,~, aNoIy.JeqUired:for Project
approval. '
GO 4.03
.1I8IuIgeIMRt and Disposition ofllateriaJs
.01' The Owner win Identify in the COllbact Documents the mateliaIs to be moved within or removed from.
the Working Area. and any c:halacteristics' oflhose malerialswhich will nec:essilale special nlale.iaIs
management and disposition.
" .. ';02lnaclXlri:lance"wittrregullitions under the OCCUpational Health8lllHlafe/yAct; RS.O.1990. c.O.1.. as
amended. the Owner adviseS that
a) the designated substances silica. lead and arsenic are generally present throughout the Working
Area occurring naluraRy or as a result of vehicle emissions;
b) the designated substance ~ is present in asbestos conduits for utilities;
c)'the' fOllowing' hazardous .malllrlaIs areordilleriIY present in construclIon; aclMties~limestone,
gypsum. marble. mica and PoIIIand cement; and
d) exposure'1O 1hese subsl8l1ces may ocaJr as 'a result ofactivllias by the Contractor such as
sweeping. grinding. crushing, driling. blasting, culling and abIasill8b1aSling.
.03 The Owner wiD Identify in the Contract Documenls any designated subsl8n<:es or hazardous
materials other than those ideI dIfied above and their location in the Working Area.
.04 If the Owner or eu......tI.. disrxM!ls or is adviaed,of .the' pnssnce,-Of ,desIgnaIed .llubsl8l1ces or
hazardous materials which are in addilion tolhose lisledinparaQoaph GC,4.03.02. or not clearly
Idenlified in theContractDocumenls accon1Ing~''-'"lP...,tt,OO'4:03:03;~verb8lnollce wiR be
provided to the other party lmmedillIeIy with wrllEn confirmaIIonwithin 2 Oays.The COIIIIIII(;lDr will
stop wor1c in the area 1mmed~ and wiD detennine the necmary steps required to compIele the
wor1c in accordance with appIicabl& legiSlation and regulalion.
.05 The Owner will be responsible for any l'llasCl1lIIbIe additional costs of remc:IYing. managing and
disposing of any material' not Idenlified In the.Contract Doeuments, or where corldltions exiSt that
could not have been IeBll)i1lllbly foreseen at the'time of tendetiilg.A11 work under this paragraph
sh8Il be deemed to be Extra WOr\c.
.06 Prior to commencement of the Wort\, the OWner wHl provide to the eu..Il...Jo. a listofthOlie products
oorltrOlled under the WOrkplace Hazardous MateriaII Infonll8lian System or WIiMIS, which the
Owner wiD supply or use 01\ the Contract. together with copies of the f' 1vlals SlIIfII!.y D8la SheelB for
u.e producls. All ~ ueed In the applicallon of producls ......lbulled under WHMIS sh8Il be
labelled. The OWner will nolfy the eu.tb..ckll In wrIlIng of challges to the 1st and provide relev8nI
MalerIaI Safely DaI8 Sheets.
OP8~Colldllio..ot~.'I.1 .lIl<<llI8I
... 17
GC4J14
ConstructIon Afreclh"ll RalIwIIy Property
.01 The Owner will pay the costs of a11l1agglng and other lraflic control measures required and provided
by the railway company unless such costs are solely a function of the Contractor's chosen methOd of
completing lI1e Work.
GC 4.05
Default by the eo..b ....h..r
.01 The Col,bactu. shall be in default of the Contract If,
a) the Contractor fails to commence the Work or execute the Work property or otherwise fails to
comply wilhll1e requirements of the Contract to a substantial degree; or
b) If lI1e Contractor Is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of Insolvency or If a receiver Is appointed because of insolvency. .
G~ ':~.1J6 Notification of Default
.01.'J;he OWner will give written notice of a default to the Contractor as soon as the Owner becomes
aware of the aleged default but failure to give such notice in a timely way shall not constitute
condonation of the default The notice will include insIruclions to correct tile default within 5 Working
Days.
GC4m
Contractor's RIght to Correct . Default
.01 The Contractor shall have the right wilI1in the 5 fuI Working Days following the receipt of a notice of
default to correct the default and provide the Owner WiIh satisfacb')' proof lI1at appropriate corrective
measures have been taken.
.02 If the correction of the default cannot be completed wIlhin the 5 full Working Days foIowing receipt of
the notice, the C""b....tur shaI not be in default if the Contractor.
a) convnences the correction of the defaul wlthin the 5 fuI Working Days following receipt of the
notice;
b) provides the Owner with an ac:ceptable schedule for tile progress of such correction; and
c) completes lI1e correction in acconlance with such schedule.
GC 4.08
Owner's Right to Correct Default
.01 If the Contractor fails to correct the default wilI1in lhe tine spec:ified in subsection GC 4.07,
. dePllb....hn's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to
.~ other right or remedy the OWner may have. may ClOl18a such default and deduct the cost thereof.
as certified by the Contract Administrator, from any payment then or lhenlafter due to lhe Contractor.
GC4.09
Tenninatlon of CCW,b.......s Right to ConIinue the Work
.01 \I\Ihere the Contractor fails to correct a default wilI1in the time specified In subseclion GC 4.07,
Contractor's Right to Correct a Default. or subsequently agreed upon, lhe Owner, without prejudice to
any other right or remedy the Owner may have, may terminate the ContracIor's right to conlinue lhe
Work In whole or in part by giving written notice to the CO"b....tur.
.02 If the Owner terminates the CO"b....tur's right to continue with the Work in whole or in part, the Owner
will be entilIed to,
a) take possession of the Working Area or lI1at portion of the Working Area devoted to that part of the
Work terminated;
b) ulIlze lhe Equipment of the Col.ll~ and any.' , 11'11II within lhe Working Area which Is intended
to be incorporate.d Into the Work. the whole subject 10 the right of third parties;
c) withhold further payments to the Conllachn' wilh respect to the Work or the portion of lhe Work
withdrawn from the Contractor unlI the Work or portion thereof wtlhdrwn is completed;
""1
OP8caen..1Clll...._f1~-..PI. ,.,,"
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d) charge the Contraclor the addiIionaI cost over the Ccintract price of completing the WOlle or portion
thereof withdrawn from the c...dl...Ju... as certified by the Contract AdministrlItor and. any
additional compensafion paid to the Contract AdmilMd.... for such additional servQ ariSing from
the correGtion of the default;
e) charge the c....ba../ur a reasonable allowance. as determined by the Contract Administrator. to
cover correGtion to the Work perfom led by the Contraclor that may be lllqUired under subsecfion
GC 7.15. Warranty;
f) charge the CoIttlac:tor for any damages the Owner may have sustained as a result of the default;
and
g) chalge the Contraclor the amount by which the cost of corrections to the WOlle under subsecfion
00 7.15, Warranty, exceeds the allowance provided for such correcfions.
GC4.10
Final payment to Contractor
.01 If the Owner's cost to correct and completetheWorkin.whole or inparUs.less than the. amount
withhekf from the COllb...... . under subsecfion'OO4,09"Tennlnation,of;.~,d1ac;to(s ~ht to
Continue the Wor1c,' the Ownerwll pay the.ba/anCe to1he.Co.dl....... as soon. the final acc:ounting
for the Contract is complete.
GC 4.11
Termlnatfon of the c\"lb4d
.01 Where the Contractor is in default of the Contract the Owner may. without prejudice to. any other right
or remedy the Owner may have.tennlnalethe Contract by giving wrilIen notice of termination to the
. ContIac:tor.the SUrety and .any trustee'or receiver acting on behaff of'the Conbactor'seslate or
credilors.
.02 If the Owner e/ecls to terminate the Contract the Owner win provide the Contractor and the lrustee or
receiver with a COlllplete accounting to the dale of termination.
004.12
CcHltinuatlon of Co"b...h.I's 0bI/gldI0IIs
.01 The ec...ba..fuo's obligation under the Contract as to quality; c:omlClion and warranlyof the WOlle
performed prior to the time ofterminalion of the Contract or termInalion of the ConllaclDl's right to
continue with the WOlle in whole or in part shall continue to be in force after such termination.
GC4.13
Use of Performance Bond
.01 If the Contractor is in default of the Contract and the.c...'b.......hasprovided.a PerfonnlInce Bond.
the provisions of this Section shall be exercised'in accolllallce with the mndlliQns of the Pedormance
Bond.
OPSGeneraCo. -. .lol~.$1111 ,.,.
.....'11
GC 6.01
SECTION GC 5.0 0 MATERIAL
Supply of Material
.01 All Material neoessary for the proper completion of the WorlI, except that listed as being supplied by
the Owner, shaD be supplied by the Contraclor. The Contract price for the appropriate tender items
shaD be deemed to include fill compensation for the supply of such Material.
GC 5.02
Quality of Material
.01 AI Material supplied by the Contractor shall be new or unless otherwise specified in the Contract
Documents.
.02 Material supplied by the Co"baCtuo shall conform to the requirements of the Contract.
.03 As specified or as requested by the Contract Administrator, the Co..b~ shaU make available for
-;~n or testing a sample of any Material to be supplied by the COllbado.. "".
,;,..,....
.04 ";The Contractor shall obtain for the Contract Adminislrator the right to enter upon the premises of the
Material manufaclurer or supplier to carry out such inspection, sampling and testing as specified or a
. requested by the Contract Adminislrator.
.05 The Contractor shaH notify the Contract AdmiroMl..k.. of the SOlIlCElS of supply sulIicientIy in advance
" of the Material shipping dates to enable the Contract Adminisb dill.,( to perform the required inspection,
"sampling and testing.
.06 The Owner will not be responsiIIe for any delays to the COllb....tu(s operations where the Coub.......
fails to give sufficient advance notice to the Contract Administl.m.r to enable the Contract
Administrator to carry out the required inspection, sampHng and teSting before the scheduled shipping
date.
.07 The ConbaGtu. shall not change the source of supply of any MaleriaI without the written authorization
of the Contract Administrator.
.08 Material which is not specified shall be of a quality best suited to the purpose required and the uSe of
such Material shaD be subject to the approval of the Contract Administrator.
GC~
Rejected MaterIal
"'.
.01 "~MateriaI shaD be removed from the WOlking Area expeditiously after the notification to that
~ from the Contract Administrator. Where the COllb....l\..{ fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
diSPOSed of in what the Contract Adminislrator considers to be the most appropriate manner and the
eo..b~ shaD pay the costs of disposal and the appropriate overhead charges.
GC 5.G4
Substitutions
.01 Where the specifications require the Contractor to supply a Material designated by a trade or other
name, the Tender shaD be based only upon supply of the Material so designated, which shaD be
reg&lded as the standard of quaUty required by the specification. After the acceptance of the Tender,
the Co..b....tt.r may apply to the Contract Administrator to substitute another Material Identified by a
different trade or other name for the Materlal designatad as aforesaid. The application shaD be in
writing and shaD state the price for the proposed substitute Material designated as aforesaid, and
such other Information as the Contract Adminisb.... may require.
hue 20
OPS~ eo.-... fltConlmct- &.111> ,1>..11989
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.02 Rulings on a proposed substitution wil not be made prior to the . acc::epIance of the Tender.
SUbstitutions shall not be made without the prior approval of the Contract Admloistralor. The
appIOYlll or rejection of a proposed substilulion will be made at the dlsaelion of the Contract
Admiui&baror.
.03 If the proposed subslilulion Is approved by the ConlractAdmillMlatur, the COlIlJactorshaD be entltIed
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving In cost In excess of such $1000. Each such approval shall be conveyed to the
, . 'COnIraclor In wrilingor by Issuance of a Certificate of EquaIily on the 0wneI's standanl form of
, "CertificatIon of EquaI/ty", and, if any adjuslment to the' Contract price' Is made by reason of such
subslilution a Change Order shaD be issued as well.
GC 5.05
GC s.os.o1
OWner Supplied Mllerial
Ordering of Ex_ MaterIal
.01 Where Material Is supplied by the Owner and where ,this MaleriaIiscOldeledo"by the COlltractor In
excess of the amount specified to complete the Work;".such;: exoess.Matelial shalIbacorne the
property of the Contractor on completion of the Work and shall be charged to the ConlJactor at cost
plus applicable overl'leads.
GC 5.05.02
Care of Material
'.01 ,The Contractor shall, In advance of receipt of shipments of MaleriaI,supplied by the Owner. plOVide
, adequate and proper storage facilities aoceplabIe to the Contract AdmilIMl..~, ,andon1he recelptof ,,'
such Material shaD promptly place it in storage except where it Is to be incorpolated foc1hwllh Into the
Work.
.02 The COnIraclor shaH be responsible for acceptance of Material supplied by the Owner, at the
specified delivery point and for its safe handling and storage. If such Material Is damaged while
, 'under.the conIrol 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 AdminisIrator. If such MaleriaIIs rejected by the
ConIract Administrator for reasons which are not the fault of the.Co.'b.....b... it shall remain In the care
and at the risk of the COnIraclor until its disposition has been delermined by the Contract
Administrator.
.03 Where MaleriaI supplied by the Owner arrives at the delivery point in a damaged condition or where
there are dIsc:repancies between the quanlilies received'and;1be ;q.....,tilit..o;shown on the biIs of
lading, the Contractor shaD Immediately ,report such damage 'or disclepancles to the' Contract
Administrator who shall anange for an' ,irMIediate'~ "of.;the:ishipment and providE! the
COnIraclor with a written release fromresponsibillty for such damage OI"deficlencies. Where damage
or deficiencies are not so reported it wiU be assumed that the'shipment arrived in good order and any
damage or deficiencies reported thereafter shalbe made good by the Co..bllCM at no extra cost to
the Owner.
.04 The tuB amount of Material suppfled by the Owner In each shipment shall ,be accounted for by the
Contractor and such Material shall be at the risk of the Cu. 'b......... after Iaklng delivery, Such MaleriaI
shall not, except with the written pennission of the Conlracl Admlnlslrator, be used by the Co.,b....luo
for purposes other then the perfonnance of the Work under the Contract.
.05 Empty reels, crates. containers and other type of packaging from Material supplied by the Owner
shall bacorne the property of the Co..b.....b.. when they _ no 19fIger required for lheIr original
purpose and shall be disposed of by the Contractor unless olherWIsa specified in the Cu.dl....t
Documents. '
OPSGeneI8ICOI-. .af~.llpll"""'1"
... 21
.06 The Contractor shall provide lhe Contract Ac!IninMIodur, immediately upon receipt of each shipment,
copies of bills of lading, or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Conllactor shan, at no extra cost to the Owner, irmIediately upon commencement of operations,
check lhe Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficienc:ies are not so recorded by the
ConlIactor it shall be assumed that the stockpile was in good order when the Contractor took charge
of it and any damage or deficiencies reported thereafter shan be made good by lhe Contractor at no
extra cost to the Owner.
'...:~-c-
",.,-
.......,
-;.......
~. {:
;'f?~.
PIIge 22
opscaen...eoo dll...afConlract. .........1_
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GC 6.01
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
Protection of Work, Pel80llS and Property
.01 The Contractor, the Contractor's agents and all WOfkers employed by or under the c:onlroI of the
Contractor. including SUbcontractors. shall protect the Work, persons and property from damage or
injury, and shall be ~ for aR losses and damage which may arise as the result of the
Contractor's operations under the Contract unless indicated to the conlrary below.
.02.. The Contractor is responsible for the full cost of any necessary temporary provisions and the
restoration of all damage wheIe the Contractor damages the WOIk or property in the performance of
the Contract If the Contractor is not responsible for the damage that occurs to the WOIk orpR)perty
the C<l"badur shall restore such damage, and such work shall be administeled according to these
General Conditions.
.03 The Conbactor shall immediately inform the"contrsctAdmInislratorof aI"damage and injuries which
occur during the term of the Contract.
.04 The Contractor shaH not be responsible for bss and damage that occurs as a result of.
a) war;
b) blockades and cIvB commotions;
c) errors in the Conlr8ct Documents; or
d) acts or ornissIon$ of the Owner. the Contract Adminislralllr. !heir agents and ~, or .others
not under the c:onlroI of the Contractor, but within the Working Area with the Owner's permission.
.05 The Contractor and his SUrely or Sureties shall not be released from any term or provision of any
responsibility. obligation or liability under the contrsct or waive or impair any of the rights of the
OWner except by a release duly executed by the Owner.
GC 6.02
IndemnIficlltlo
.01 The Conbactor shall indemnify and hold harmless the Owner and the Contract Adminislnltot. their
agents, officers and employees from and against all claims. demands, losses. expensu. costs.
damages, actions. lIIJils or proceedings by third parties. hereinafter called "cIaims". direclIy or
indirectly arising or aIeged to arise out of the performance of or the faRure to perform the WOIk,
provided such claims are,
a) alIribulabIe to bodily injury. sickness. disease, or death or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissionsofthe;Contractor oranyol1ELfor,whose acts the Contractor
may be liable; and
c) made in writing within a period of 6 years tram the date of SUbstantialPerfoml8llce of the WOIk as
set out in the Cer1ifitate of SUbstahtial Performance of the WOIk or, wheIe so specified in the
Contract from the date of cerliflC4llon of Final Acceptance.
.02 The Contractor shall indemnify and hold tJao"lI&&& the Owner from at and ~ claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned. by the
COhbactor in connection with the WOIk peIfonned or Material furnished by the Conlr8cIor under the
Contract.
.03 The Owner exprenly waives the right to indemnity for claims other than those stabsd abOve in
paragraphs GC 6.02.01 and GC 6.02.02.
.04 The Owner shall indemnIl'y and hold harmless the c....,b.....h... his agents, oIfiCelS lUldempioyllllS
from and aga~18t .. claims, dllmands. losses, expenses. costs. d8mages. acliona. ",Its. or
prooeedings aIising out of the COhlrac:lor'S perfoImance of the Contract whlch are ettrIM.... to a
lack of or defect in tiIIe or an alleged lack of or defect in lilIe to the Worldng Area.
OPSOenem CoI....... '" ConlnIct. "',1IleI ,.
... 23
.05 The Contractor expressly waives the right to indemnity for claims olher than those stated above in
paragraph GC 6.02.04.
GC 6.03
GC 6.03.01
Contractor's Insurance
Gelltll'lll
.01 Without restricting the generality of subsection GC 6.02, Indemnificalion. the Contractor shall provide,
maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 win only apply when so
specified in the Contract Documents.
GC 6.03.02
Gelltll'lll LlabDity Insurance
.01 General liability insurance shall be in the name of the Contractor, with the OWner and the Contract
,~ named as additional insureds, with limits of not less than 5 mHllon:dollars inclusive per
",~ for bodily injury, dealh, and damage to property including loss of"use thereof, with a
-PJ;9PllI'lY damage deductible of not more than $5000. The form of this InSurance shall be the
Il;lSUI8IlC8 Bweau of Canada Form IBC 2100. dated 8-87. '
.02 'Another form of insurance equal to or belIer than that required in IBC Form 2100 may be used,
provided all the requiremenls listed in the Contract are Included. Approval of this insurance win be
conditional upon the Contractor obtaining the services of an insurer &censed to uncI!lrwrite insurance
in the Province of Ontario and oblaining the insurer's certilicale of equivalency to the required
Inslnnce.
.03 The Insurance shall be maintained continuously from the commencement of the Work until 12 months
following the dale of Substantial Performance of the Work, as set out in the Certificate of SUbstantial
PeIformance of the Work, or until the Final Acceptance CerlIfic;aIe is issued. whichever is later. and
with respect to completed operations coverage for a period of not less than 24 months from the date
of FIlaI Acceptance of the Work as set out in the Final Acceplance Certificate, and thereafler to be
maintained for a further period of 4 years.
.04 . The Co..b....tur shan submit annually to the OWner, proof of continuation of the completed operations
, coverage and if the Contractor fails to do so, the limitation period for claiming indemnity dascrlbed in
paragraph GC 6.02.01 c). will not be binding on the OWner.
.05 StIouId the Contractor decide not to employ SUbcontractors for opeIations requiring the use of
e'i.PJosives for blasting, or pile driving or caisson work, or removaJ or weakening of support Of property
'~ or land. IBC Fonn 2100 as required shall include the appropriate endorsements.
~_r .
.06 The policies shaD be endorsed to provide the OWner with not less than 30 Days' written notice in
advance of cancellation. change or amendmenl reslricling coverage.
.07 "Clams Made" insurance policies will !lOt be pennilted.
GC6.03.03
AutomobDe liability Insurance
.01 Automobile liability insurance In respect of IioensecI vehicles shall have Iimils of not less than 5 million
doIlln,1nclusive per occunence for bodily injury, death and damage to property, in the folIowlng ronns
enlIorsildto provide the Owner with not less than 30 Days' written notice In advance of any
C8lClllIalion, change or amendment reslricling coverage:
a) 8Ialldard non-owned automobile policy including standard ,.....b....Nal UabIIIty endorsement, and
b) 81andard owner's form automoblIe policy providing third party UabIIIty and accident benefits
Inslnnce and covering IioensecI vehicles owned or operated by the ContJactor.
P8ge 24
OPS o.n..l eo._..dConlnlcl- ~,-
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GC 6.03.Cl4
AIrcraft and WatlllW4fl Liability Insurance
.01 Ain:raft and watercraft iabBily insurance with respect to owned or non.owned aircraft and watercraft if
used direc:lly or lndireclly in the perfomllllCe of the Work, including use of addilional premises, shall
be subject to bits of not less lhen 5 miIion dollars inclusive per OCClII1'eIlC8.for bQdIIy injwy. death,
and damage to property including. loss of use thereof, and rll11its of not less lhan 5 mlIIiOn dollars for
aircraft passenger hazard. . Such insurance shall be in a form ac:ceplabIe to the Owner. The pOlicies
shan be endorsed to provide the Owner with not less than 30 Days' written notice in advance of
cancel/ation, challge or amendment reslricting coverage.
GC 6.03.05
GC 6.03.05.01
Property and Bolter Insurance
P.......,ny Insurance
. .01" All risks property. insurance shall be in the name of theContlac.tul:.JNithJhe.Qwner,and.the Contract
Admlnistratornamed. as additional lnsunlds,insuring.not.Iess.Jhan..the:$Un\..of the.amount of the
Contract price and ltKl full value, as may..beslated...in.the. l'lo~..GenelaI..Conditions. of
. Materiallhat is specified to be provided by; the'Owner;for.:./ncxJrporation.~JototheWork, .with a
deducllble not exceeding 1% of the amount in$Ured at the site of the Work, This insurance shaD be in
.. a form acceptable to the Owner and .shall be maintained oontinuousIyuntil .10 Days.after the date.of
FmaI Acceptance of the Work, as set out in the FIll8I Acceptance CerIiIic.4t..
GC 6.03.os.o2
Boller Insurance
. '.01"BollerinsuranceinsuringltKl inteIests of the Contractor,the Owner and ltKl ContractAdmlnistratorfor
not less lhan ltKl repIac,ement value of boilers and pressure vessels. forming part of the Work, shall be
in a form acceptable to the Owner. This insuranceshal be maintained oontinuousIy from
c:ornmencement of use or openlIion of the property insured until 10 Days after ltKldale of Final
Acceptance of the Work, as set out in the Final Acceptance CerIificate.
GC 6.03.05.03'
Use and Occupancy oftheWorlrPriorto CompletIon
.01 Should the Owner wish to use or occupy part or all of the Work prior to SUbsfa.1Iial PerfomlllllCe, the
Owner win' give 3O'Days' written notice lID the'Coodl4\Au. of the inI8nded purpose and. extent of such
use or occupancy. Prior to such use or occupancy ltKl Coo.bi1lCtur shall notify ltKl Owner In writing of
ltKl addilional premium cost, if llOY. to maintain property and boiler insurance, which shaH be at the
Owner's expense. If because of such use or occupancy ltKl Coodl..;k,,' is unable lID pruvIde
c:overage, ltKl Owner upon wrilten notice from .the.Contractor'and prior'.IiD:sucb; use or. occupancy
shaH provide, maintain and pay for property and boiler insurance Insuringlbdull VIllue ofltKl Work,
including coverage for such use or occupancy, and shall. provide the .Cwb........ .with proof of such
in$Urance. . The Conlnlctor shall refund lID the Owner the uneamedpremil.ll11s appIkallle to the
ConIractoc's policies upon tennInaIion of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made lID ltKl Owner
and the Contractor as their respective inIerests may appear. The Co,.i....... lIhaII act on behalf of
both the Owner and.ltKl Coo dl..a.. for ltKl purpose of adjusting ltKl amount of such loss or damage
payment with thein$Urers. Whan ltKl extent of ltKlloss or damage is delemiled the Contractor shall
proceed to restore ltKl Work. Loss or.damage shall not affect the rights and obIIgllllons of eiIlW party
under ltKl Contract except that ltKl c...b....a.. shall be entIUed to such reallllt'1llble exlllnsion of
Contract Tme retalive.1ID ltKl extent of the loss or damage as ltKl Contract Adllli...... may daclde
in consullalion with the CoI,b..;k".
OPSQeneqlCcmrllll"of~.S rtl Ob..l..
"'26
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest In restoration of the WOIk has been appraised.
such amount to be paid as the restoration of the Work proceeds and in accordance with the
requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be
entitled to receive from the payments made by the insurers the amount of the Contractol's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the poflCies except where such
amounls may be excluded from the Contractor's responsibility by the terms of this Contract
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others. the Owner shall pay the CCdlacfD{ the cost of restoring the Work as the restoration of the
Work proceeds and In accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6.03.l16
Co..b-tur's Equipment Insurence
.01 All risks Co..b....tul's equipment insurance covering construction machinely and equipment used by
the ConlradoI for the performance of the Work, Includ"mg bolIer insurance on temporaJy boilers and
pressure vessels. shall be in a fonn acceptable to the Owner and shaI not allow subrogation claims
by the insurer against the Owner. The poIcies shaI be endorsed to provide the Owner with not less
than 30 Days' written notice in advance of cahcelation, change or amendment restridillg coverage
Subject to salisfaclDry proof of financial capablIity by the Co..b..cM for self-insurance of the
eo. dl~'s Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the pwpose of this Contract, the eu..bcd1t shall be deemed to be Insured. This policy shall be
amended to provide permission for the Co.dl.a.lDo to grant prior re/nses with respect to damage to
the ContraclDr's Equipment
GC 6.03.07
Insurance Requi-..ts and Duration
.01 Unless specified otheIwise the duration of each insurance policy shall be from the date of
COI,," Iencen lent of the Work until 10 Days after the date of Final Acceplance of the Work, as set out
in the FmaI Acceptance CertiIicate.
.02 The COnb........ shaI provide the Owner, on a form aoceptabIe to the Owner, proof of Insurance prior
to commencement of the Work, and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The co'.b......... shaI. on request, promplly provide the Owner with a certified true copy of each
insurance policy exclusive of Infonnation pertaining to premium or premium bases used by the insurer
to determine the cost of the insurance. The certified true copy shall ineIude a signature by an officer
of the ContraclDr and in addition, a signature by an officer of the insurer or the underwriter or the
broker.
.04 Where a policy is renewed the Contractor shan provide the Owner, on a form acceptable to the
Owner. renewed proof of insurance immediately following completion of renewal.
.05 Unless specified otherwise the Cotmaclor shall be rasponsibIe for the payment of deductible amounts
under the policies.
.06 If the COllb...u fails to provide or maintain insurance as required In subsection GC 6.03.
Cotdla.ts Insurance, or elsewhere in the ConlrlIct Oocuments. then the Owner will have the right to
provide and maintain such Insurance and give evidence thereof to the ContracloI. The Owner's cost
thel80f shall be payable by the Cot lbllCto. to the Owner on demand.
... 26
OP$o.-.ColIdlllooI,,'eoo--Sljll ,.Iler tll89
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.m If !he Contractor rans to pay !he cost of !he insurance p/aced by !he Owner wilIlin 30 Days of the date
on which !he Owner made a formal demand for reimbursement of such CQSls !he Owner may deduct
!he costs thereof frorn monies which are due or may become due to !he (Mlb....tl...
GC 6.04
BondIng
.01 The Contractor shall provide !he Owner with !he surety bonds in !he amount required by the tender
documents.
;02. SUCh bonds shall be 1ssued by a duly licensed surety company authorized to \ransact a business of
suretyship In !he Province of Ontario and shaI be maintained in good slandIng until.!he fuIIiIment of
!he Contract.
OPSGerlendC/!lld.lo"ufCGolllilcl.Sl~1I ,t.., ,_
...... 27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBlLITES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants that the site of the WOIk has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the performance 01
the Work are known.
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
'Colltractor has received a written order to commence the Work, signed by the Contract Administrator.
.03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure confOrmitY with the Contract Documents. The Contractor shall be responsible
for conslruc:tion means, methods, techniques. sequences and procedures and for coordinating the
various parts 01 the Work.
;~';'
.04 The Cc..dldu. shal have the sole responsibility for the design, erection. operation,malntenance and
, ,~oI temporary structures and other temporary facilities and the design and execution 01
'l~ methods required in their use.
.05 'Notwithslanding paragraph GC 7.01.04. where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of construction in whole or
part, such facilities and methods shan be considered to be part 01 the design of the Work, and the
c:."dl.......,. shall not be held responsible for that part of the design or the specified method 01
constrUction. The ContraclDr shaR, however, be responsible for the execution of such design or
specified method of oonstruclion in the same manner that the c:.",b....tur is responsible for the
execution of the WOIk.
.06 The c:.",bcdu( shall execute the terms of the Contract in strict compliance with the requirements 01
the Occupational Health and Safety Act. R.S.O. 1990. c.O.1 (the "Act") and Ontario Regulation
213/91 (which regulates Construction Projeds) and any other regulations under the Act (the
"Regulations, which may affect the performance of the Work, as the "oonstructoI" or "employer", as
defined by the Act. as the case may be. The COhb actor shan ensure that
a) worker safety is given first prioritY in planning. pricing and performing the Work;
b) its officers and supervisory employees have a working knowledge of the duties of a "constructor"
and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work,
and a personal oommibnent to comply with them;
c)" a copy of the most cunent version of the Act and the Regulations are available at the ContraclD(s
"office within the Working Area, or, in the absence of an office, in the possession of the supervisor
, ,';:..responsible for the performance of the Work; ,
,<!fWOlf<ers employed to carry out the Work possess the knowledge, skills and protective devices
"required by law or recommended for use by a recognized industry association to allow them to
work in safety;
e) its supervisory employees carry out their duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
f) all SUbcontractors and their employees are properly protected from injury while they are at the
work place.
.07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy
and prograIn at the pre-start meeting, and shaY respond prornptIy to requests from the Owner for
cor,;-........lthat its methods and procedures for carrylng out the Work comply with the Act and
Regulations. The Cc..,b -a.r shall cooperate with representatives of the Owner and inspecto. s
appoirted to enforce the Act and the Regulations in any investigalions of worker health and safety in
the peIformance of the Work. The Collb a..-tu.. shall indemnify and save the Owner harmless from any
additional expense which the Owner may incur to have the WOIk perfonned as a result of the
CoI,lrac;lQ(s failure to comply with the requirements of the Act and the Regulations.
Pelle 28
OPS GenemI CoNIII', naal:Conlnct. Slr~'- 1989
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.08 Prior to COInI1leIlC:eIn of the Work the Co.lbactol &hall provide to the ConlRIct Admlnistr8tor a list of .
lhose producls c0ntr0lied under the Workplace Ha%ardousMaterials It.ronnetiol. System 01' WHMIS,
which the ConIractor expecls to use 011 the Contract. Related Materials Safety Data Sheets Shall
accompany the submission.. All containen; used in the appIicalion of prodUCIS controlled under
WHMIS shaH belaballed. The COhb.u... shall notify the Contractor Adminislralor of c:l1anges in
writing and provide relevant Material Safety Data Sheets.
.09 The Contractor shall have an authorized nlpnlS8I1laIive on lhe site while any work is being pertonned,
to act for 01'011 the Cu,dl.....tul's behalf. Prior to commencement of construction, the Conbac:torshall
. notify the Contract Administrator of the names;-addresses, positions and telephone numbers of. the
Contractor's representatives who can be contacIed at any time to deal with matters relating to the
Contract.
. .10 The Co.,b.....h...shaH...atno.8dcf1liona1 cost.to.theOwner, furnish a8 reasonable aid, faciIilies and
. assistance required by the Contract Admlllillll....for 1he:1JIOPl!I". inspecIionand eamlnation of the
Work 01' thetaklng of rnea&unlIl1eI'I for the purpose'Of<.payment . . . .
.11 The Contractor shall prepare. and update as required, aconstnJctionsd1edulEl1r6..cdil.g the timing of
the major and critical actlviIles of the Work. . The schedule, shaH be designed to ensure conformity
with the specllied Contract Tme. The schedule shall be submittecJ to the Contract AdI1)lnistrator
within 14 Days from the date of the Contract award. .
.12 V\Ihere the Co.,bacto. finds any error. inconsistency 01' omisslcn relating to the Conlract the
Cu,'bwuo.lihaII promplIy.report it to the Contract Administrator and shall not proceed wilhtheac:tivlty
affieGted unliI receiYingdlreclion from the Contract Ar:Iminislralor. .. .
.13 The Contractor shall arrange with the appropriate utility authorities for the stake out of ..
underground utiIlIles and service connections which may be ..ffl...b.d by the Work. The Conlraclol
shall be responsible for any damage done to the underground ublities by the Co..b4Ol.Clr's forces
during conslrucIIon . if the stake out locations are within the .1DI8ranoes given in. paragraph GC
2.01.01a).
GC 7.02
Layout
.01 Prior to conui.etlCel118l1t of construction, the Contract Adminlstralor and the Contractor will locate on
sitelhose property bars, baseIlnes and benchrnaItcs which are necessary to deIlneate the Working
Area and to lay out the Work, all as shown 011 the ConlRIct Drawings.
.02 The Contractor shaH be responsible forthepnlSelVation of allproperty-bars:whlIe the Work is in
progress. except lhose property bars which must be removed to .faciIi....]he Work. .Arrf other
property bars distilrbed, damaged or rernovecI by the Co.,b.....tul's operatiollslihaII be replaqed by an
Ontario Land SUrveyor. at the Co..b.....h...s expense.
.03 At no extra cost to the OWner,the Cu,......h.. shall provide the Contract Admlnislrator with such
materials and devices as may be nec ess EHY to lay out the baseline and benchmarks. and as may be
necessary for the inspection of the Work.
.04 The ConIractor shall provide qualified personnel to lay out and establsh all lines and grades
reoessary for construction. The Co..b....lu. shall notify the Contract Adminlsbator of any layout work
carried out, so that the same may be checked by the Contract Adminislrator.
.05 The ConIractor shaH install and mainlIIIn substantlaI alignment IIllIIkers and secondary benchmarks
as may be required for the properexeallion of the Work. The Cu,.b.....h.. shall supply one copy of all
aUgnment and lP8de sMels to the Contract Admlnlslraeor. .
oPS 0enerII CoI,~",,, af~.....1 .w,..
.....at
.06 The Contractor shaD assume fun responsibility for alignment, eIevalioIl$ and dimensions of each and
al paris of lhe Work, regardless of whether !he ConlracklI's layout work has been checked by lhe
Contract AdministralDr.
.07 AI stakes. marks and reference points provided by !he Contract Administrator shall be carefully
preserved by lhe Contractor. In !he case of their destruction or removal as a result of !he Contractor's
operations. such stakes. marks and reference points will be replaced by lhe Contract Administrator at
!he Contractor's expense.
Gci.G3
Damage by Vehicles or Other Equipment
.01 If at any lime. in !he opinion of !he Contract Administrator. damage is being done or is likely to be,
done to any Roadway or any improvement lhereon, oulsida lhe Working Area, by !he Contractor's
. vehicles or other equipment, whether licensed orullI'ioellsed equipment, !he Contractor shall, on lhe
dinlction of lhe Contract Admblb;bdk.f, and at no extra cost to !he Owner. make changes or
,~bsti\UtiOns for such vehicles or equipment, and shaIi aiter badings, or in Some other manner.
'RffllOve lhe cause of such damage to !he satisfaction of !he Contract Administrator.
.-.~
GC 7.04
Exc I B B Loading of Motor Vehicles
.01 'Where a vehicle is hauling Material for use on !he WOrk, in whole or in part upon a Highway, and
where motor vehicle regilm..liu.l is required for SUCh vehioie.!he ec...bacto. shall not cause or permit
such vehk:Ie to be baded beyond !he legal limit speciI\ed In !he Highway Traffic Act. R.S.O. 1990.
c.H.8. as amended. whether such vehicle is regisliered in the name of !he Cohb acto. or olherwise,
"exoeptwhere !here are designated areas within !he Working A1ea where overbading is pennllled.
The Contractor shaD bear !he onus of weighing disputed bads.
GC 7.05
Condition of ItIe Working Area
.01 The Co.lb"""'" shaD maintain !he Working A1ea in a tidy oondilion and free from !he accumulation of
debris, other lhan lhat caused by !he OWner or others.
GC 7.D6
Maintaining Roadways and DeIours
.01 Where an existing Roadway is affected by c:onslruction. It shaD be kept open to traffic, and !he
Contractor shall, except as olherwise provided in lhis Sllbsection, be responsibie for providing and
maintaining for !he duration of !he Work, a road through lhe Working Area, whether along an existing
Highway. including !he road under oonslruction. or on detours within or adjacent to !he Highway, in
aooordanoe with !he MUTeD.
.02~Cootractor shaD not be required to maintain a road lhrough !he Working ~ until such time as
!he Contractor has commenced operations or during seasonal shut down or on any part of lhe
Contract !hat has been accepted in accordance with lhese General Conditions. The Contractor shall
not be required to apply deicing ohernicals or abrasives or carry out snawplowing.
.03 Where localized and separated sections of !he Highway only are alfected by !he Contractor's
operations, !he CoId1actor Will not be required to maintain intervening sections of !he Highway until
such times as lhese sections are located within !he limits of !he Highway ..h...1ad by !he Contractor's
genera/ operations under !he Conlract.
.04 Where !he Contract Ooouments provide for or !he Contract AdministralDr requires detours at specific
locations. payment for !he oonslnIOIion of !he detours. and If required. for !he subsequent removal of
!he detours, will be made at !he Contract prices eppI'OIlllat6 to such work.
P8ge 30
0P8 General CeIl.III...ut ConIr8ct. 81,1 .w 1_
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.05 The ContrIletor shall maintain, in a sali&r~ condillon for traffic:. a IOIId lhroug/l the Working Area.
at the Owner's expense. The IOIId thlOllgh the WoIIclng Area will include' any detour CClI'IStnIcted in
aocordance with the Contract Documents or required by the Contract Administrator. COmpensation
for all labour, equipment and maIeriaIs to do this work shaD be at the Contract prices applOpriate 10
the work and, where there are no such prices, at negotiated prices. Notwithslanding the foregoing,
the cast of blading required 10 malntain the surface of such IOIIds and detours shall be deemed lobe
included in the prices bid for the various tender items and no additional payment will be made.
'.06' 'Whele work under the.Contract is discontinued for any extended period including seaonaI.shutdown,
"the COntractor shall. when directed by the Contract Administrator, open and plac:e the Roadway and
detours in a passable, safe and satisfacIDry condition for public travel.
.07 Where theColllJaGtor constructs a detour which is not specific;ally provided for in the Contract
Documents; or required by the Contract Administrator. the construction of the detour and. if required,
the subsequent removal shall be peIfotmad at the.Contraclor'sexpeose. ..The ~ shaU be
constructed and malalllmecl tostruClui8l,.atKl.geomelIicstarJdards:.~.~ by ,the Contract
. Administrator. Removal and slIe restoration. shall ,;be. perfonned.:as.,dir:8Ctecs by the Contract
Adminlstrator.
:08 . Where. with the prior written approval of the Contract Admlnistrator. the Highway is ClIosed and the
traffic diverted entirely off the Highway 10 any other Highway, the Co.............. shall, at no extra cast to
. the Owner,supply,'enK:\ and maintalntraffic control devices in acxlotdallC8 with the MUTeD.
.09 Compliance with the foregoIngplOVisions shall in no way relleiIe the Co.lb...Al:l.' of otJIigatiol:I$ ,under
... subsedionGC'6:01;' P,~l 'ofWork, ~$ and'Property. dealing with the Colltraclor's
responsibility for damage claims. except for claims arising on sections of Highway within the Working
Area that are being maintained by others.
GO 7.07
AcceSI to Properties Adjoining the Work and Interruption of Utility
Services
.01 The Contractor shall provide at all times, and at no extra cost to the Owner.
s) adequate pedestrian and vehicular access; and
b) continuity of Utility UIvices
to propertiesadjoinlng the Working Alaa.
.02 The Co........... shall provide at aU times and at no extra cost to the Owner ac:cess to fire hydrants,
and water and gas valves located in the Working An1a.
.03 Where any interruptions in the supply of.utlllty.selVicelt are 'required..and;anl afIthorized by the
Contract Adminislrator,theColfbacto..shaIl give the affected property owners notice in lICCOI'dance
with sub8ection GC 7.11, Notices by the Contrac:lDr, and shall arrange such interrupIIons so as to
create a minimum of interference to those affected.
GO 7.08
Approvals and Permits
.01 Except as specIIied in sub8eetion GO 4.02; Approval and Penna, the Contrac:lDr shall oblain and pay
for any permits. licenses,. and certificates which at the date of tenclerclo8lng, are required for the
perfoml8llC8 of the Work.
.02 The Contrac:lDr shan anange for aU nee a ~ inspectionl required by the approvals and parma
specified in paragraph GC 7.08.01.
OPSGenellllColIdlfiol.d~.ll~I.JllIlef ""
PIIlle 31
GC 7.G9
Suspension of Work
.01 The Contractor shaH, upon written notice from the Contract Administrator, discontinue or delay any or
aft of the Work and WOl1t shaft not be resumed unliI the Contract Administrator so directs in writing.
Delays, in~ circumstances, WIll be administered acconIing to subsection GC 3.08, Delays.
GC7.10
Contractor's Right to Stop the Work or Tenninate the Contract
".
.01, If the Owner is adjudged banktupt or makes a general assignment for the benefit of creditors because
. "of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without
plejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or
trustee in bankruplcy wriUen notice, terminate the Contract .
.02 If the Work is stopped or otherwise delayed for a period of 30 Days or m ~nder an order of a court
or other public authority and provided that such order was not issued as the result of an act or fault of
, ',~Cu"b.....tu. or of anyone direetIy employed or engaged by the Co"b .....tu..oc.the Co"b....tu. may,
,V.iIIhOI4 plejudice to any other right or remedy the Co"bClldu( may have, by giving the Owner wriUen
~, terminate the Contract.
.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
Owner is in default of contracluaI obligations if,
a) the Contract Administrator fails to issue ~ in accordance with the provisions of Section
GC 8.0, Measurement and Payment;
. b) the OWner fails to pay the Cot III acto. , within 30 Days of the due dates identified in clause GC
.' 8.02.03, Celtification and Payment. the amounts certified by the Contract Admiloillb..tu.. or within
30 Days of an award by an aIbltrator or court; or
c) the Owner violates the requirements of the Contract.
.04 The Conllactor's written notice to the Owner shaH advise that if the default is not corrected in the 7
Days immediately following the receipt of the written notice the Cotdlac;to( may, without prejudice to
any other right or remedy the Contractor may have, stop the Work or tenninate the Contract.
.05 If the Contractor terminates the Contract under the conditions set out in this subsection, the
, Contractor shall be entitled to be paid for all WOl1t performed according to the Contract Documents
and for any losses or damage as the Contractor, may sustain as a result of the termination of the
Contract.
GC7~U
NotIces by the Contractor
.01 Biirore WOl1t is carried out which may affect the property or ciperaIions of any Ministry or agency of
IJOvernrnentor any person, company, parbl8lshipor corporation, including a municipal corporation or
any board or commission thereof, and in addition to such notices of the commencement of specified
operations as are presa ibed elsewhere in the Contract Documents, the Contractor shall give at least
48 hours advance wriUen notice of the date of commencement of such worlI to the person, company,
partnership, corporation, board, or commission so ..1bAl.d.
.02 In the case of damage to, or interference with any utilities, pole Ones, pipe "nes, conduits, farm tiles,
or other pubic or privately owned WOl1ts or property, the Contractor shaH immediately notify the
Owner and the Contract Administrator of the location and details of such damage or interference.
PIIge 32
OPS o.n..I Cal.......of~. 8l"b. ,.be< Il18l1
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GC7.12
Obstruc:tlons
.01 Except as otheIwise noted in these General Conditions. the ec..,IIaclu. assumes a111he risks and
responsibilities arising ,out of any obsbuction encountered in the performance of the Work and any
traffic conditions. including traffic conditions on any Highway or road giving lICOllS$ to the Wortdng
Area caused by such obstructions. and the Contractor shall not make any claim against the Owner for
any loss. damage or expense occasioned thereby.
;02 Where theobstructionls -a: Utility or other man-made objecl.the Con1ractor shall not be. required to.
assume the risks 'and responsibilities arising' out of such obstruction. unless the location of the .
obstruction is shown on the plans or described in the specifications and the location so shown is
wiIIIin the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the
'obstruclion has otheIwise been made known to the ContraclDr or could have been determined by the
visual site investigation made by the .Cor III actor in accordance with these General Conditions.
.03 During the course of the Contract, It isthe,Cu,IIl....hA's'responsibility,bUll1suIt<wllh UtiIlty oompanies
, :or oIherappropriate authorities for further-infonnalioItin ,regard :kl;the8lGlCtlllCiationof these Utilities,
to exelCise the necesllBry C8Ie in oonslnlclion'op<Il.lllio.lS;cmdio1ake'SUCl'l'1lltier precautions as ere
necesllBry to safeguard the UliBty from damage.
GC7.13
LImitations of Operations
.01 Except for such work as may be lequired by the ContraCt Admilliooll.m..to maintain the Work ina safe
and salisfaclo.y CClrldition. the Co.,llactor shal not cany on operations under the ContIacton
Sundays without permlssion in wrlIing from the ConIract Adminislralor. '
.02 The Contractor shaH cooperate with other ContraclDrs. Utility companies and the Owner and they
shall be allowed access to their work or plant at all reasonable times.
GC 7.14
Cleaning Up Before Acceptance
.01 Upon a\laining SUbstantial PeIformance of the Work, the eo. ,II........ shall remove surplus nlaterials,
, tools, construction machinery and equipment not lequiled for the performance of the remaining Work.
The Contractor shaH also remove all temporary works and debris other than that caused by the
Owner. or others and leave the Work and Working Area clean and suitable for occupancy by the
Owner unless otheIwise speciIied.
.02 The Work shall notbe~ to have reached CompleliOlnmtillheCO"llaclDr has removed surplus
materials, tools, construclion machinery, and: 'equipment The Cor dJ actor shal also have' removed
debris, other than that ClJII$ed by the OWner, or others. ' .
GC7.15
Warranty
.01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the
design and SpeclficatiollS penni! such performance.
.02 Subject to the previous paragraph the ContracIllr shall conect prompUy. at no additional cost to the
Owner. defects or deIiciencies in the Work which appear.
a) prior to and during the period of 12 months from the date of SlIbstanlial Performance of the Work,
as set out in the Certillcate of Substantial Performance of the Work.
b) where the work is completed after the date of 'Substantial Performance. 12 months after
CompIetlon of the Work.
c) where there is no Cerliflcate of Substantial Perbmance, 12 months from the date of CompletIon
of the Work as set out in the Completion CertIflc.lIIb. or
OPSo.r..ICAndlUaMofCOl*ld.1JI...1 ...,_
..... 33
d) such longer periods as may be specified for certain Materials or some of the Work.
The Contract Administrator will promptly give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from correclions made under the
requirements of paragraph GC 7.15.02.
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GC 8.01
GC 8.01.01
SECTION GC 8.0 ~ MEASUREMENT AND PAYMENT
Measurement
QuantIties
.01 The Contract AdIninislrator will make an estimate once a month, in wming, of the quantity of Work
performed. The fin;t estimata wiN be the quantity of WOIk performed since the Contractor
commenced theContrac:t,' and eYefy. subsequent.estimate; except1he final one, wiN be of the. quantity
. of WOIk performed since the preceding estimate was made. The Contract AdIninislrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cul-Off Dale.
. '.02 . Such quantities for progress payments- shall be construed and held to approximate. The final
'; quantities forthe issuance of.the CompIetionCertiliGatl. shall be based on the measurement of WOIk
. completed.
.03 MeasUrement of the quantities of theWorlc-peIformed.will be;eIIher~by<'AclualMeaswement or by
P1anQuanlity pr'..1CipIes as indicated 'lnllle'Conlnlc:t:- Adjusliilallls,tcrl'IlIIreuantlty measurements
will normally be made USiilg Plan Quantity principles but may,wheIe-approi:lriate, be made USing
Actual Measurements. Those items identified on 'the Tender bythenotalion (PI inllle unit column
"shall be pald ac:con:ling-to the Plan Quantity. Items where thenoi2tion (P) does not OCCUI' shall be '
. paid accoIding to AcluaI Measurement.
GC 8.o1.G2
~ In Tender QuaQtIIies
.01 Where it - appears that the quantity of WOIk lID be done -and/or MaIeriaI to be supplied by the
Coubactor under a unit price tender item wlI exc;eed or be less lt1an the tender quantity, the
Contractor shall proceed to do the WOIk and/or supply the Material required to complete the tender
item and payment wiD be made for the actual amount of WOIk done and/or Material supplied. at the
unit prices slated in the'Tender except as provided below:
a) In the case of a Major Item where the quantity of WOIk peIformed and/or MaIeriaI supplied by the
ConlrlictDr exceeds the tender quantity by more than 15%, eitherperty to the Contract may make
awrilten request to the other party to negoC' la I'8Yised unit price for that portion of the WOIk
peIformed andfor'Material supplied which exc;eeds 115% of the tender quantity; The negotiation
shall be carTied out as soon as reasonably possible. Any revision of the unit price shan be. based
on the reasonable coat of doing the Wol1t and/or supplying the Material under the tender item plus
a reasonable 8Ilowanoe for profit and applicable overhead.
b)' In the case of a Major Item wheIe the'qUantityllfWOIkpelfomladand/or.Mataria! supplied by the
Coc.bacto. is less than 85% of the tender-quantity, the (;()jIb....... may make a written request to
negotiate for the portion of the actuaIcoverheads' and. fixed;COSts, applicable to the amount of the
undenun in excess of 15% of the tender quantity: For 'pIIIpOAS'of lile'-negotiation, the oved1eads
and fixed costs 8ppIicabIe to the Item are deemed to havebHn prorated uniformly over 100% of
the tender quantitY for the Item. Overhead cosls shaI be conr~lll"d by a ~ certified by the
(;()j,b..ctu.'s senior financial officer or aOOillor and may be audiIBd by the Owner. AItemaIively,
whelebolh parties agree, an allowance equal to 10% of the' unit price on the amount of the
unclerrun in excess of 15% of the tender quantity wi! be paid.
Written requests for compensation must be received 110 later than 60 Days attar the issuance of the
Completion Certillcate.
GC 8.02
GC 8.o2.G1
P8YIft8IIt
PrIce for Work
.01 Prices for the Wol1t shall be full compensation for all labour. Equipment and Material required in its
performance. The term ... labour, Equipment and Materiar shall include Hand Tools. supple. and
other incidentals.
OPS~Colldllo,.af~.e .' ,lb..,..
... 35
.02 Payment for work not specifically detailed as part of any one item and without specified details of
payment will be deemed to be included in the items with which it is associated.
GC 8.02.02
Advance Payments for Material
.01 The Owner will make advance payments for Materiallntended for incorporation in the Work upon the
written request of the Contractor and according to the following terms and conditions:
a) The Contractor shaD, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facilities and notify the Contract Adminisbator of their locations.
b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure:
l Sources Other Than Commen:ial
(1) Granutar 'A', 'B' and 'M' shall be assessed at the rate of60% of the Contract price.
(2) Coarse and fine aggregates for hot mix asphaIIic concrete, surface treatment and Portland
cement concrete shall be assassed at the rate of 25% of the Contract price for each
,," aggregate sllIckpiIed.
~ii. " Commercial Sources
,~'" Payment for separated coarse and fine aggregates will be considered at lhe above rate when
.";;" such nlatel iaIs are stockpiled at s comnerdaI source where further pIOCe$siIllI is to be carried
out before incOlporatillg such materials into a final product. AdvanCe payments for other
materials located at a colTllTlflltial source wII not be made.
,'c) Payment for all other materials, unless olhefwise specified elsewhere in the Contract. shaD be
based on the invoice price, and the ConlractDl shaD submit proof of cost to the Contract
Administrator before payment can be made by the OWner.
d) The payment for aD Materials shaD be pronded against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material Such payment shall not exceed 80%
of the Contract price for the item.
e) AU Materials for which the Contractor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of the material and shaD lhenceforlh be held
by the Col.bactOl in trust for the OWner as collateral security for any monies advanced by the
"<NIner and for the due completion of the Work. The Contractor shall not _else any act of
ownership inconsistent with such security, or remove any MaleriaI from the storage locations,
except for inclusion in the Work. without the consent, in writing, of the Contract Administrator.
f) Such materials shaD remain at the risk of the Co",........ who shall be responsible for any loss,
damage, theft. improper use or destruction of the material however caused.
"
.02 "Where the Owner makes advance payments subject to the conditions listed in paragraph GC
8.02.02.01, such payment shaD not constitute ~nce of the Material by the OWner. Acceptanc:e
~ only be determined when the material meets the requirements of the appropriate spectfication.
GC 8.ll2.O3 CertIfIcation and Payment
r
GC 8.ci2~03.01
Progress Payment CertlflcaClt
.01 The value of the Work performed and Material supplied wiD be calculated once a month by the
Contract Adminislrator in accorllance with the Contract Documents and ,clause GC 8.01.01,
Quantities.
.02 The progress Payment Certificate wiD show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Materials;
d) the amount of statulDIy holdback. liens, Owner's set-off;
e) the amount of GST as applicable; and
f) the amount due the COllblllClo/'.
hue 38
OPS GenelW CclndIIcllla dConlnlct- ~ 1111111
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.03 One copy of the ptOgJ'eSS Payment CerlIficale wiD be set to the COI,lraclDr.
.04 Payment will be made within 30 Days of the Cut-Off Date.
GC 8.02.03.02
CertIfication of Subcontract Completion
.01 Before the Work has reached the stage of SUbslantial Performance, 'the Contracb: Il18Y notify \he
ConlJact AdminislialDr, in writing that a subcontrac:t is completed satisfactorily and ask that the
ConlJact AdministralDr. certify.the, complelion of such suboonlracl
.02 The Contract Administrator wiD issue a Certificate of SUbcontract Completion if the siJbcocob....t has
been completed satisfactorily, and aU required inspection and testing of the works COV<<ed by the
subcontract have been canied out and \he results are MtIsIa..tuoy.. .
.03 The'ConlractAdministralDr wiD set out in the CerIiIICaleotSubconlract.GQnpletlon the date on which
.the subcontract.Was completed and Wilhin'7 DayS' of;the datethe:sullcontnlctJs certllied'.compIete,
\he Contract Admil......... will give a eopy'of\hecertificale'to'.\he:~,to lhe SubcDnttactor
concerned.
GC 8.02.03.03
Subcontract Statutory Holdback Release Celtllicatund .......
.01 Following receipt of the Certificate of Subcontract Completion, \he Owner wiR teleese.andpay the
Contraclorthe statutory holdback retained in respect of the subco.dla<ot.. Such refslslshatbemade.
46 Days after \he'date the subool,tract.was certifiedcomplete.and pIOViding,the. COIlblloAl....&ubmIls
the following to the Conlract Adminislrator:
, a) a documentsalisfac;lDly to \he'Contract AdministralDr that will r!rSlge the Owner fRJm .. futIher
claims relating to the subcontract, qualified by stated exceptions such 89 holdback monies,
II) ..mence salisfaclo,-y to \he ConlJact AdmlnislralDr that the SIltM..b....h,,{has discharglld aU
labilities irlcI8Tecl in carrying out \he SlIbcotIllM
c)a satisfactOIy cleatallce cettificate or letter fRJm \he Workplace Sarety and Insurance Board
re/ating to \he sub..u. Ill....!, and , .
d)a copy of \he contract between the CUlIb...Jur and the Subconlraclllr andasalisfacto,-ystatament
showing \he total amount due \he SubcontnlclDr from \he Contracfoc.
.02 Paragraph GC 8.02.03.03.01 d). will only apply to Lump Sum Items and then only when the Contract
Administrator specifically requests it
.03 Upon receipt of the statulory holdback, the CoI,tractor'shaU.forthwilhgive:\he ~ the
payment due under the subcolltl.,.cl
.04 Release of statulDry holdback by \he OWner in respect of a- sub<:u.,b....t shaU not relieve the
Co..1l aCtu., or the Contractor's Surety, of any of their responsibUilies.
GC 8.02.03.04
CertIficatIon of Substantial Perfonnance
.01 Upon application by \he CO..Il........ and where the Contract has been substanliaIly performed the
Contract Administrator will issue a Certificate of Substaldial Performance.
.02 The Contract AdrninistralDr will set out in the Certificate of Substantial Performance the date on which
the Contract was IUbsl8ntially perfOrmed and within 7 Days after signing \he said certIficale the
ConlJact Adminislralor will provide a copy to the eo.,b.........
.03 Upon receipt of a copy of the CeItifi..eb. of Substantial Performance. \he CoItb-bshaU forthwiIh, as
required by SectIon 32(1) Paragraph 5 of \he Consttuction Lien Act, R.S.O. 1990, c.C.3O. as
amended, publish a copy of \he ce.lificaIe in a construcIion trade 1I8WIplIpeI'. Such publlcallon shall
include placement in \he Daily Cornmen:IaI N-.
OPS o..n...I'CclndIIo.. tJI~.lll. 11 _ t_
..... S7
.04 Where the Col,bactor fails to publish a copy of the Certifo<:ate of Substantial Performance as required
above within 7 Days after receiving a copy of the certifale signed by the Contract Administrator, the
Owner may publish a copy of the certiflCale at the eo..llaclo1's expense.
.05 Except as othelWise provided for in Section 31 of the Constn1ctioII Lien Act, the 45-day lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05. Subslantial Performance
Payment and Statutory Holdback Release Payment CertifiGates. shall commence from the date of
publication of the Certificale of SUbstantilil Performance as provided for above.
Substantial Perfonnance payment and Substantiat Perfonnance statutoI)'
Holdback Release Payment CertIficates
.01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract
," Administrator will also issue the Substantial Pt..lu.II....ce Payment Certificate and the Substantial
f>erformance Statutory Holdback Release Payment Certificate or where appropriale. a combined
:~ certificale. .
'';'~ ....~..
.:"~ ~.
.02,~ Substantial Performance Payment Certific:ale wi' show,
'if1hevatue of Work performed to the dale of Substantial Performance;
" b) the value of outslanding or inc:ompIete WOrk;
. c) the amount of the statutory holdback, aIowing for any previous releas1!I of statutory holdback to
the Contractor in respect of completed sub....,.b....b. and deliveries of pre sel e ~ted equipment;
d) the amount of maintenance security reqt.ired; and
e) the amount due the eo. obaclor.
GC"8.02.03.05
.03 0 Payment of the amount certified will be made Wilhi1 30 Days of the dale of issuance of the payment
, .....lifll;db;..
.04 The Substantial Perfonnanoe Statutory Holdback Release Payment Certific;ale will be a payment
oertificate releasing to the ContraclDr the statutory holdback due in respect of work perfonned up to
the dale of Subslantial Performance. Payment of such statutory holdback shall be due 46 Days after
the dale of pub6cation of the Cerlificale of Substantial Performance but subject to the provisions of
the Constn1ctioII Lien Act and the submission by the ContraclDr of the following documents:
a) a release by the eo.,b.du.' in a fonn satlsfactDry to the Contract Administrator releasing the
Owner from all further claims relating to the ColOb act, qualified by staled exceptions such as
outstanding work or matlers arising out of subsection GC 3.14, CIain1s, Negolialions, Mecfl8lion;
b) a statutory declaration in a form satisfactory to the Contract Administrator that aU liabiIllies incumed
o~by the Contractor and the ContIaclDr's Subconlractllrs in carrying out the Contract have been
, disCharged except for statutory holdbacks properly .etl!lined; "
c>. a satisfactory Certilic;ale of Clearance from the Workplace Safety and Insurance Board; and
"~!lproof of publication of the GerIiliI.alto of Substanlial Performance. 00
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GC 8.02.03.06
c...lificatlon of Completion
.01 Upon application by the Contractor. and when the Contract reaches Completion, the Contract
Adminisbatur will issue a Completion Certific:abe.
.02 The Contract Administrator will saJ out in the Col1IpIetion Certificate the dale on which the Work was
completed and within 7 Days of signing the said certiflC8le the Contract Administrator wiH provide a
copy to the COub.........
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OPS ~ ConlIIIo.16 d~. &epIomIIef llllll
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GC 8.02.03.07
Completion Payment and CompIetiCIn Stldutory HoIcIback Release
Payment CelI1icates
.01 When the ContJact Administrator issues the Completion Certificate. the Contract Adminisbator will
also issue the CompletIon Payment Certificate and the Comptetion Statutory Holdback Release
Payment Certificate or where appropiale, a combined payment certificate.
.02 The Comptetion Payment Certificate will show,
a) measurement and value of Work at Completion; ,
b) the BI110unt of lhe further statutory hOldback based 01\ the value of fulther work completed over
and above the value of work completed shown in the Substantial PeIfonnance Payment Cettific.ate
refened to above; and
c) the amount due the Contractor.
.03 The Comptetion Statutory Holdback R!' B.,'.Payment..CeItifoc;G,,;wllH,e",a, paymentoeitificate
'releasing'to'theContractor'!he'fulther iIt8lIItorY'l1OkIbacIC- 'Payment;~ hOldback'shall '
be due 46 Days after !he date of CompIelloriiOflhlJWork;8S.esfE~'lhed~,Cerllficate
but subject to lheprovisions of the Construction UenAct.and1he'Sllblr1luioni!j'the CoIdraj::to(ofthe
following documents:
a) a ..., by, the ec..lbo)Glll. in a fonn satisfactory to the ConlnIct Administrator reIeaslng the
OWner from aD further claims I1llaIing to the Contract, qualified by stated exceptions where
appropriate; ,
b) a statutory dec:lBrationin a fonn salisfadory to theContJact AdminIslralDr!hat all ,liabilities incutred
"by the Conb actor and the Conlrac:tor's SubconlIactors in carrying out !he Contract have been
, " discharged, 'qualifted by slated exceptiolls where appropriate; and
c) 'a salisf~ Certificate of Clearance from the WolIcpIace Safety and Insurance BoaId.
GC 8.02.03.08
IQteIest
.01' Interest due the Co! 011 acto. is based on simple interest and Is calculateduslng the applicatlle Rate of
Interest.
GC 8.G2.03.09
Interest for Late Payment
.01 Provided the Contractor has complied wilh the requirements of the Contract including all
documentation requirements, when payment by the OWner to the Cu,jjjedut for Work perfDlRled. or
for rele an of statutory holdback, is delayed by the Owner. then the ConbaclDr shaD be entiIIed to
receive interest 01\ !he oubItanding payment at the Rate"onnterest, 'ifpayment'is not received 01\ the
dates set out below: '
a) PRlgf!Ss Payment CertIficates: 30 Days after the Cut-Off Date;
b) Certificate ofSubcontracl Completion:' 30 Days after the dateoertifiedss'the date on,which lhe
sub....,lll...... was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which lhe
subco"llaCt was completed;
d)' Substantial PedormallCe Payment CeltifICalt.; 30 Days after th8 dale of Issuance of the oeitificate.
e) SubstaldIaI Performance SlalulDry HokIback Relnu Payment Certificate: 76 Days after
publication of the Payment CeI1lIicatt. of Substantial Performance;
1) Completion Payment Certificate: 30 Days after the date cerlified as the date 01\ which the
Contract reached CompIelion;
g) CornpIetion Statutory Holdback Relr r I e Payment Certificate: 76 Days after the date cerlIIIed as
the date which the Work was comple\8d.
.02 If the Contractor has not complied wIlh !he requirements of the ConlnIct, including all documelllalio)"
requirements. prior to expialion of !he lime periods described In paI8grlIph GC8.02.03.09.01.
interest will only begin to IICCI'U8 when the Contractor has completed those requireInents.
OPSGennlCol -. .CIl'~-Sl,l" .....,_
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GC a.o2.03.10
Interest for Negotiations and CI8ims
.>>.~.{':-.
.01 Except as hereinafter provided. where a notice of negotiation. notice of intent \0 claim and the
subsequent claims are submitted in accordance wIh the time limits and/or procedure described by
subsection GC 3.14. ClaIms. NegoCialions. Mediation. the Owner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the Work Of' on the amount of the settled
claim. Such interest wi' not commence unbl 30 Days after the satisfactory completion of that part of
the Work.
.02 :IJ\/here the Contractor does not attempt \0 resolve the negotiation Of'the claim in an expeditious
manner, interest shall be negotiable.
.031J\/here the Contractor fails \0 give notioe of a claim within the time limit prescribed by subsection GC
, 3.14, Claims. Negotiations, Mediation. interest shall not be paid.
.04 ..~a Co..bClCtOl fails \0 comply with the 3O-day time limit and the procedures prescribed in
; ~tliPh GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period.
--........- . -
-.....---...--.
GCamU1
0Wner's Set.off
.01 ,Pursuant \0 Section 12 of the ConsI1ucIion Uen Act, the Owner may retain from monies owing \0 the
Contractor under this Contract an amount sufficient to cover any outslanding or disputed liabilities
including the cost \0 remedy deficiencies. the reduction in value of subslandard portions of the WOI1c,
. claims for damages by third paities which have not been determined in writing by the Contractor's
lnsurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board and any monies \0 be paid \0 the WOIkers in accordance
with clause GC 8.02.06. Payment of Workers.
.02 Under these circumstances the OWner wi. give the Contractor appropriate notice of such action.
GC a.o2.03.12
Delay In Payment
.01 The Owner shall not be deemed \0 be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC a.o2.Q4
Payment on a TIme and Material Basis
,
GC 8~:O1 DefInitions
.01 Forithe purpose of this clause the following definitions apply:
..~.
Cost of Labour: means the amount of wages, salary, travel. travel time, fOod,lodging or similar Items and
Payroll Burden paid Of' incurred direclly by the Contractor \0 or in respect of labour and supervision actively
and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour
and supervision, but shall not inc:lude any payment or costs ineurred for general supervision,
administration of management time spent on the entire Work or any wages, saJary or PayroI Burden for
which the Contractor is compensated by any payment made by the Owner for Equipment
Cost of MaterIal: means the cost of MaterIal purchased, or supplied from stock, and valued at current
nl8Iket prices, for the purpose of carrying out Extra Work, by the Conb aclior, Of' by others when such
arrangements have been made by the eu.~ba..tu. for completing the Wor1<, as shown by itemized invoices.
Operated Rented EquIpment: means Rented EquIpment for which an operator is provided by the
supplier of the equipment and for which the rent Of' IeaH Includes the cost of the operator.
"- 40
OPSGel.-Co/_.of~-~ 1898
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Payroll Burden: means the payments in respect of workplace insurance, vacation pay. employment
insurance, public liability and property damage insurance. sickness and accident insurance, pension fund
and such other welfare and benefit payments fonning part of the Contraclor's IlOI'TIl8J labour costs.
RllRted equipment: means equipment that is rented or leased for the special purpose of Wofk on a Tune
and Material Basis from a person, finn or corporation that is not an ~ of the lessee as defined by
the Securities Act. RS.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator.
Road Work: . means the prepalation. conslrudion, finishing and construclion .mainlenanee of' roads"
'streets: highWays and' parking 10Cs and includesahurk 11IcidenlaJ thereto other than work on struQlures. .
Sewer . and Watennain Work: means the preparation, construction, finishing. and construclion
. maintenance of sewer systems and watermain systems,' and includes all work incldenlaJ thereto olher than
work on struc:tures.
Standby TIme: 'means any'period of time Whii:his'noh:OIlsidlll'8dWorkingn~td which together with
the WortdngTme does not exceed '10 hoUrS;irnllly;one>Working;Day.:and:dutIrig which time a unit of
. equipment cannot practically be used on other.workilutmllst:f8l1lam :orrJbe1lile::in.OIller to ,continue with
. its assigned 1askand during which time the unit is in fully operable condition.
Structure Work: means the construction. reconstruction, repair, alteration, remodelling, renovation or
, demolition of any bridge, building, tunnel or retaining wan and includes the preparation for and the laying of .
the foundation of any bridge, building, tunnel or' retaining waR and the InslaIlation of equipment and
appurtenances incidental theleto.
The 127 Rate: means the rate for a unit of equipment as listed in'OPSS 127; Schaduleof Rental Rates
for Construclion equipment Incllllfrng Model and Specification Reference, which is cunent at the time the
work is carried out or for equipment which is not so listed, the rate which has been calculated by the
Owner. using the same principles as used in detennlnlng The 127 Rates.
Work on a'TIme -and Material Basis: means ChaIlges in the Work, Extra Work and Addiliollal Work
approved by the Conlract Admirdstl..lorfor payment on a Tmeand Material basis. The Wofk on a Time
and Material Basis shaI be'subject to all the terms. conditions, specifi(;ationsand provisions of the
Contract.
WorkIng TIme: means each period of time during which a unit of equipment is. actively and of necessity
'engaged on aspecllicoperation and the first 2 hounl ofeach.~foIIowIngperiod during which
. the unit is not so engaged but during which the operation'is.cllllerwisapl~.and durIng.which time
the unit cannot practically be transferred toolherwork but must remain on thesllam OIllerto c:oI1tinue with
its assigned tasks and during which time the.unitis in.a fully operable condition.,...
GC 8.02.04.02
Dally Work Records
.01 DailyWork Records prepared as the case may be by either the ContractoI's representative or the
. Contract AdmInistralor and' reporting.. tha labour and Equipment employed' and the Material used on
each TIme and Material project. shall be' recollciled and signed each day by bolh the Contraclor's
~lallve and the ConlractAdministralor.
GC 8Jl2.04.03
Payment for Work
.01 Payment as herein provided shal be fuI compensation for all labour, Equipment and MaleriaI to do
the Work on a Tme.and M8IeriaI Basis except where there Is agreement to the contrary prior to the
commencement of the Wofk on a Time and u~'iaI BasIs. The payment~* ~ a Time and
MaleriaI basis shall apply to each lndiYldual Change Order authorized by the ConlractAdministl..lln.
OPSGenenIlCo'~IlI. .of~.BI~III""'l_
"'.1
GC 8.02.04.04
Payment for Labour
.01 The 0Mler will pay the Contractor for labour employed on each Tme and Material project at 135% of
the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of
$3000.
.02 The Owner win make payment in respect of Payroll Burden for Work on a Tme and Material Basis at
the ContractoI's actual cost of Payroll Burden.
.03-AI the Owner's discretion. an audit may be conducted in which case the actual Payroll Burden so
determined shaI be applied to all Tme and Material work on the Contract.
GC 8.02.04.05
Payment for Material
.01 The Owner will pay the Contractor for Material used on each Tme and Material project at 120% of the
i~of the Material up to $3000. then at 115% of any portion of the Cost of Material in excess of
. "~$8000. .
'..
GC'8:V2:Oo1.06 Payment for Equipment
GC 8.02.04.06.01
Working Time
.01 The Owner win pay the ConlradoI for the Working Tme of all equipment other than Rented
equipment and Operated Rented Equipment used on the Work on a Tine and Material basis at The
127. R.ates with a cost adjustment as follows:
af Cost $10.000 or less - no adjustment;
b) Cost greater than $10.000 but not exceeding $20.000 - payment $10,000 plus 90% of the portion
in excess of $10,000; and
c) Cost greater than $ 20,000 -$19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner win pay the Contractor for the Working Tme of Rented Equipment used on the Work on a
Tme and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a
maximum of 110% of The 127 Rate. This constraint wi8 be waived when the Contract Administrator
approves the invoice price prior to the use of the Rented Equipment
.03 The Owner will pay the Contractor for the Working Tme of Operated Rented Equipment used on the
Work on a Tme and Material Basis at 110% of the Opetaled Rented Equipment invoice price
awovad by the.Contract Administrator prior to the use of the equipment on the Work on a TIme and
. Miierial Basis.
GC 8~06.02
4
Standby TIme
.01 The 0Mler win pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoioe price whichever is appropriate. The Owner win pay reasonable costs for Rented
Equipment where this is necessarily retained in the Wor1cing Area for extended periods agreed to by ,
the Contract Administrator. This will include Rented Equipment intended for use on other work, but
has been idled due to the circumstllllCElS giving rise to the Work on a Tune and Material Basis.
.02 In addition, the Owner will inclucle the Cost of labour of operators or associated tabourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the cin:umstanoes gMng rise to the Work on a TII1le and Material Basis.
.03 The Contract Administrator may require Rented Equipment Idled by the cin:umstanoes gMng rise to
the Work on Tine and Material Basis to be retumed to the lessor unlil the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such return.
P8ge ~
OPS GeIW8I CclndlIlonI d ConlI1Ic:t - s..,Al........ 1_
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.04 When Equipment islnlnsported, solely for the purpose of the Wodt on a TIIlle and Material Basis. to
or from the lII/orkingArea on a TIIlle and Material basis. payment will be made by the Owner only in
l'l!$p8Ct of the transpoItirIg units. When. Equipment is moved under Its own power it sI1alI be deemed
to be working. The method of moving Equipment and the rates shaI be subject 10 the approval of the
Conttact Administrator.
OO8.02.ll4.07
Payment for Hand Tools
.01 Notwithstandingany.othet.provision of this Section, no payment shal be .made to.the.Contraclor for
or in respect of Hand Tools or equipment that are tools of the trade.
GC 8.02.ll4.08
. Payment for Work By SUbcontractolS .
.01 Where the COIlbadolananges forWorkoo aTIIlle and Material Basis,or.a part of it, 10 beperfonned
. by SUbc:onlraclOrS,on..aTIIlle and.,MaterlaI..basis.,.and..,has~.~,.prlor to the
. .'commencement.of:such'.work; ~in ac:cordance wilb.=.lbey.requlmments~~'OO. 3.10,
.., SUbi:onlracting by'theCuhbaOb:l..theOwnerWll paythe'cost{of'WorIt..on..~~ Basis
. by1he SubconlraCtorcalculated-asifthe.ContracIorhad-don&tbe.,WorlwlI...;fjme;ancl.Mal8riel Basis. .
plus '8 markup CIlIcI~ on the following basis:
a) 2O'l{, of the 1lrst$3,OOO; plus
b) 15% of the amount from $3.000 to $10,000; plus
c) 5% of the amount in excess of $10.000.
. .02.No further malkupwilbe applieclregardIess.oUhe extent Iowhich.the work is assignEld or sublet to
. ': othera If work Is:as.lgnedor.subJet'lo anu'lOOate,.asdefined by. the; Securifies,Act.J!Qmarkup
whatsoever wiD be applied. '
GC 8.02.04.09
Submission of Invoices
.01 . At .the start of.the Work on a TIIlle and Material Basis, the CoubacJo{ .shaII.prov\de,the applicable .
. labour and Equipment rates not already submitted to,the Contract Administrator during the course of
such work.
.02 Separ8l&summarlesshal be completed by the Contractor according to thes1anllard fOr:m"SulMlaly. . .
for Payment of ~ on a Tine ,and MaleriaI BasIs". . Each summary .shaIIlncIude, the order
number and covering dates of the work and shall itemizueparately Iabour.MaleriaIaand Equipment.
. ,Invoices for Ma~ Rented. ~ and ~ charges incumld'bythe Contracloroo the Work
on a Tine and MaleriaI BasIs__be incIudedwilh.eachSUllVllll/Y......c....c." c. .~~.~.-.......
:03 Each mon1htheConlractAdmLdl;I..dorwiU incIude,wiIb the~~~I),l~. the
costs of the Work on a Tine and Material BasIs Inc:urred during the preceding month an in
. acconlance wilhthe oAn.b....tadmirdt.llcdll/ll.procedures and theco,dlliCb.l's invoice of the Work on 8
Time and Material BasIs. '
.04 The finaI"sLII'IlIIl8Ii for Payment of Accounts on a Time and Material Basls" shaO be submitted by the
co. ,bactur within 60 Days after the completion of the Work on a Tme and Material BasIs.
00 8.G2.05
FiMl Acceptance C6.1IOc:ate
.01 Altar the acceptance of the .Work .the Contract Adminlsb-ator will Issue the Final AQ::eptance
CeItilicate. or. where appIic:abIe, after the III/amInly Period has expired. The FmaI AceePtance
CerlilIcale will not be Issueduntilel known delicIenc:ies have been 9<l;1SIe<l oroonected. as.lhe case
may be, and the CcAdlactor has dischalged all obligations under the COntract.
OPS ~ ConcIIIona d c.nct. Seplembor 1898
Page 43
GC 8.02.G6
Payment ofWorke..
.01 The Contractor shan. in addition to any fringe benefits. pay the workers employed on the Work in
accordance with the labour conditions set out in the Contract and at intervals of not less than twice a
month.
.02 The Contractor shaD require each Subcontractor doing any part of the Work to pay the workers
employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is
paid less than the amount required to be paid under the Contract, the OWner may set off monies in
accordance with clause GC 8.02.03.11, Owner's Set-off.
GC 8.02.07
. Records
.01 The Contractor shan maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. Such Records shan be of sufficient detaD to SUpport the
total cost of the Work, Changes in the Work, and Extra Work. The Contractor shaH preserve an such
.' original Records until 12 months after the FInal Aa:eplance Certificate is Issued or untO aH claims
have been settled. whichever is longer. The Collbactor shaH require that Subcollb.tCtors employed
by the Collb actor preserve aU original Records pertaining to the Work, Changes In the Work, Extra
Work and claims arising thelef,uIII for a slmlar period of time.
.02 If. In the opinion of the Contract Administrator. Daily Work ReconIs are required, such records shaD
report the labour and Equipment employed and the MaterIal used on any specIlic portion of the Work.
The Daily Work Records shaI be reconciled with and signed by the ContraclDl's represenlative each
day.
.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. The Contractor shaH supply .
certified copies of any part of US Records required whenever requeSted by the OWner.
GC 8.o2.G8
Taxes and DutIes
.01 Where a change in Canacfl8ll Federal or Provincial taxes occurs after the date of tender closing for
this Contract, and this change could not have been antlcipated at the time of bidding. the OWner will
inaease or decrease Contract payments to account for the exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shaH be submitted by the Contractor to the Contract
Administrator on forms proIIided by the Contract Admilistrator to the Contractor. Such claims for
additional tax costs shall be submitted not less than 30 Days after the date of Final Aoceptance.
.03 Where the Contractor benefils from a change in Canadian Federal or Provinclal taxes, the Contractor
shall submit to the Contract Administrator. on forms provided by the Contract Administrator. a
stalbll".nt of such benefits. This statement shan be submitted not later than 30 Days after FIIl8I
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left in
. place form part of the finished Work, or the provision of seIVices, where such services form part of the
Work and where the manufacture or supply of such commodlties or the provision of such seIVices is
carried out by the CQ,b..cll)( or a SUbcontractor. are subject to a claim or benefit as detailed above.
Services in the IatIer conlext n-. the supply and operation of equipment. the provision of labour
and the supply of OOl..,.odities. which do not form part of the Work.
1'8ge44
OPS.GenenlI CoI_.. oIConnct. ........_'1189
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GC 8.02.G9
Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work
in accordance with the Contract, the Contractor shal pay such amounts as are specified in the
Contract Documents.
OPSo.n-I CoI_ otConlf8cl- ~ IlllI9
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