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HomeMy WebLinkAbout97-189 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- 189 Being a By-law to authorize a contract between Ron Robinson Limited, Oshawa, Ontario, for the completion of the Reconstruction of King Street East and Liberty Street Intersection Improvements. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal, a Contract between Ron Robinson Limited, and said Corporation; and 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 15 day of September, 1997. By-law read a third time and finally passed this 15 day of September, 1997. Mayor Clerk `' t q -7- MUNICIPALITY OF arin ton ONTARIO I - totten sims hubicki associates engineers architects and planners 1 1 1 1 r CORPORATION OF THE MUNICIPALITY OF CLARINGTON KING STREET EAST RECONSTRUCTION and LIBERTY STREET INTERSECTION IMPROVEMENTS ' CONTRACT NO. CL96-3 (Revised) r 1 SEPTEMBER 1997 r r r r r r ' totten sims hubicki associates Engineers, Architects and Planners TSH No. 12-10511 1 AGREEMENT THIS AGREEMENT made in quadruplicate this 25th day of September 1997 BETWEEN: RON ROBINSON LTD. of the Regional Municipality of Durham and Province of Ontario ' hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - the CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' hereinafter called the "Purchaser" ' THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, ' equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and ' purposes as though all the stipulations thereof have been embodied herein. ' Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS ' TENDER FOR CONTRACT NO. CL96-3 (Revised), KING STREET EAST RECONSTRUCTION AND LIBERTY STREET INTERSECTION IMPROVEMENTS A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 and 4 Schedule of Tender Data Page 5 C. SPECIAL PROVISIONS - GENERAL Pages 1 to 10 D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 4 E. STANDARDS ' G. PLANS: Drawings No. T-1, 1-9, S1, S2, Wl-W3, El H. STANDARD SPECIFICATIONS: the applicable edition of the following Ontario Provincial Standard Specifications and Region of Durham Specifications, Schedules `C' and `D' revised March 1995. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 351 July 1994 510 Oct. 1993 128 Current 353 Sept. 1990 570 Aug. 1990 310 Mar. 1993 408 Oct. 1989 571 Aug. 1990 ' I. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) All plans and documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before October 17, 1997. ' IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor ) ) in the presence of ) SIGNED and sealed by the Purchaser � CORPORATION Of TNT MUNlfilPAi1TY Of atARINGION` ) in the presence of ) ' > ,ane m e, Mayor ) Page 3 of 3 PROJECT: TENDER FOR CONTRACT NO. CL96-3 (Revised) KING STREET EAST RECONSTRUCTION AND LIBERTY STREET INTERSECTION IMPROVEMENTS AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET, P.O. BOX 910 COBOURG, ONTARIO. K9A 4W4 Telephone: 905: 372-2121 Fax: 905: 372-3621 TENDERER: RON ROBINSON LTD. Name 483 TAUNTON ROAD EAST OSHAWA ONTARIO. WE 7K5 Address (include Postal Code) (905) 576-1100 (905) 432-1374 Telephone and Fax Numbers R. Robinson Name of Person Signing President Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 14786REV/13/5/C ' Page 1 of 5 pages TENDER CONTRACT NO. CL96-3 (Revised) To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL96-3 (Revised), King Street East Reconstruction and Liberty Street Intersection Improvements Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a certified cheque in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 5 pages ITEMIZED BID CONTRACT NO. CL96-3 (Revised) In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL96-3 (Revised) for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions (P) - Plan Quantity Payment Item CD - Region of Durham Standard Specification Item I Spec. Description of Item Unit Quantity Unit Price Total No. No. SECTION 1 - ROAD RECONSTRUCTION - TOP WORKS Item Numbers as per Original Contract 4. 310 Hot Mix H.L.-1 t 1,200 $49.37 59,244.00 SP 7. 310 Tack Coat m2 11,150 0.25 2,787.50 8. SP Glasgrid, Style No. 8502 m2 300 10.09 3,027.00 11. 351 Concrete in Sidewalk 1112 42 62.50 2,625.00 SP 12. SP Interlocking Brick Pavers - 1 Supply and Placing New m2 240 44.10 10,584.00 Pavers 14. 353 Concrete Curb and Gutter (all in 85 48.30 4,105.50 SP types) 25. 408 Adjusting and Rebuilding 15,312.50 SP Manholes and Catchbasins ea 50 306.25 30. 510 Removal of Asphalt 7,125.00 SP Pavement Partial Depth m2 1,500 4.75 32. 510 Removal of Curb and Gutter in 8 32.50 260.00 SP 36. 570 571 Topsoil (imported) and Sod m2 1,320 4.20 5,544.00 SP (Nursery, unstaked) 37. SP Miscellaneous Landscaping LS 7,000.00 Total Section 1 $117,614.50 1 Page 3 of 5 pages ITEMIZED BID CONTRACT NO. CL96-3 (Revised) In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL96-3 (Revised) for the following unit prices. Item I Spec. Description of Item Unit Quantity Unit Price Total No. No. SECTION 2 - CORRECTION OF DEFICIENCIES 1. 510 Remove and Replace 351 Concrete Sidewalk m3 55 78.50 4,317.50 2. Supply and Install Concrete Sidewalk m3 15 45.00 , 675.00 3. 510 Removal of Asphalt (full depth) m3 54 21.00- 1,134.00 M4. Supply and Plant one 75 mm 1 Dia. Maple ea 393.75 . 393.75 5. CD Straighten Water Service Box (House No. 126) ea 1 93.75 - 93.75 6. Adjust Main Water Valve Boxes to Grade. ea 24 31.25 750.00 7. Repair Manhole, NW corner King and Liberty Streets. ea 1 306.25 306.25 8. Clean all Storm Structures ea 40 75.00 3,000.00 Total Section 2 $10,670.25 SUMMARY: Total Section 1 - Road Reconstruction - Top Works $117,614.50 Total Section 2 - Correction of Deficiencies 10,670.25 Total (excluding GST) $128,284.75 GST (7% of Total) 8,979 93 TOT A ]�ITEN R MOUNT Tenderer's GST Registration No. Page 4 of 5 pages SCHEDULE OF TENDER DATA CONTRACT NO. CL96-3 (Revised) The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 and 4 Schedule of Tender Data Page 5 C. SPECIAL PROVISIONS - GENERAL Pages 1 to 26 D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 19 E. STANDARDS G. PLANS: Drawings No. T-1, 1-9, S1, S2, Wl-W3, El H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications and Region of Durham Specifications, Schedules `C' and `D' revised March 1995. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 351 July 1994 510 Oct. 1993 128 Current 353 Sept. 1990 570 Aug. 1990 310 Mar. 1993 408 Oct. 1989 571 Aug. 1990 I. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and ' Specifications, for Contract No. CL96-3 (Revised), executed by me/us bearing date the day of 1997. SIGNATURE: POSITION: V Az4snal1- (COMPANY SEAL) NAME OF FIRM: RON ROBINSON LTD. 1 This is Page 5 of 5 Pages to be submitted as the Tender Submission for Contract No. CL96-3 (Revised). CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL96-3 (Revised) 1 ' PR SPECIAL PE VISIONS - GENERAL S C O 14792REV/13/5/C INDEX ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL96-3 (Revised) CLAUSE SUBJECT PAGE r1. PLAN QUANTITY ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. GUARANTEED MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE . . . . : . . . . . . . . . . . . . . . . . . . . . . . 1 4. OPS GENERAL CONDITIONS 1 5. REVISION TO OPS GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 6. LAYOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. SUPPLY OF MATERIALS 2 8. PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' 10. HAUL ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11. DUST CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12. TRAFFIC CONTROL, FLAGGING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS 5 14. MAINTENANCE OF TRAFFIC 5 15. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' 16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) : : : : : : : : : : : : 6 17. SPILLS REPORTING 6 18. ASPHALT MIX DESIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ' 19. APPLICABLE STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 20. AMENDMENT TO OPSS 353 7 21. AMENDMENT TO OPSS 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ' 22. AMENDMENT TO OPSS 570 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 23. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES . . . 8 24. CONFINED SPACE ENTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' 25. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT : . . . . . . . ; . . . 9 26. GOVERNMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 27. BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 i PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL96-3 (Revised) 1. PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE 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 the necessity for repairs or for any work to be done under this Section. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ' Authorized representative as referenced in GC7.01.07 is defined as an employee of the Contractor. 4. OPS GENERAL CONDITIONS ' Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, August 1990. ' 5. REVISION TO OPS GENERAL CONDITIONS ' Payment on a Time and Material Basis: Section GC8.02.04.01, Definitions, is hereby revised by the addition of the following under ' "Payroll Burden": Payment in respect of payroll burden shall be made at the following rates currently in effect: (i) Road Work - 26 percent of the wages and salary portion of the labour costs. (ii) Structure Work - 30 percent of the wages and salary portion of the labour costs. 1 SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL96-3 (Revised) 2. 6. LAYOUT Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: The Contract Administrator shall lay out and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of ' the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. ' 7. SUPPLY OF MATERIALS All materials necessary for the proper completion of the work shall be supplied by the ' Contractor, except as specifically noted, and the payment provided in the Contract shall be deemed to include full compensation for the supply of such materials. ' Materials listed in OPSS 128 and as amended from time to time, shall be supplied only from sources designated in the Ministry of Transportation Manual of Designated Sources for Materials. Amendment to OPSS 128 ' Section 128.05.02 of OPSS 128 is amended in that the list of materials to be supplied from designated sources is revised: (1) By the deletion of the following: 6.85.25 Flasher Beacon, Aluminum (121.310) 9.20.10 Coal Tar Epoxy (2) By the addition of the following: 9.20.10 (Structural Steel) Coal Tar Epoxy 9.20.15 (Structural Steel) Coal Tar Epoxy i 1 SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL96-3 (Revised) 3. i8. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 21/2 percent of the total value of work performed beyond the expiration of 45 days from the date of 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%, 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 GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. ' As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. ' The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. ' 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. 9. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: ' The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the ' relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL96-3 (Revised) 4. 10. HAUL ROADS When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. 11. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of ' Water or Application of Calcium Chloride. 12. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety ' Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry of Transportation's District Office. Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and ' (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL%-3 (Revised) 5. ' 13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the "Manual of Uniform Traffic Control Devices", Division 5. Traffic controls shall be operational before work affecting traffic begins. ' 14. MAINTENANCE OF TRAFFIC During paving operations, traffic shall be reduced to two lanes, half the street closed to traffic. ' It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. Pedestrian traffic shall be maintained at all times throughout the Contract. Access to all homes and businesses shall be maintained. All sidestreet intersections shall remain open at all times except during specific construction operations when the intersection may be closed for brief ' periods or traffic flow reduced to one lane (two lanes at Liberty street) with the approval of the Contract Administrator. ' No deviation from the above procedure will be allowed except with the approval of the Engineer. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this contract. ' The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. 15. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address ' and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL96-3 (Revised) 6. ' Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. ' 16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the ' application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and ' provide the relevant Material Safety Data Sheets. ' 17. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the ' Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor,`and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. ' This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 18. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified ' laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. tAll costs associated with the provision of approved mix designs shall be borne by the Contractor. SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL%-3 (Revised) 7. ' Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 19. APPLICABLE STANDARD SPECIFICATIONS Ontario Provincial Standard Specifications (OPSS)governing the work of this Contract shall be as listed in the "Schedule of Tender Data", Section H, with the applicable date of issue as indicated for each Specification. With the exception of OPSS 127 and 128, these Specifications shall remain in effect throughout the duration of this Contract, whether or not they be modified or re-issued by the responsible ' agency subsequent to the tender advertising date. The issues of OPSS 127 and 128 which are current at the time the work is performed or ' material furnished, shall govern. 20. AMENDMENT TO OPSS 353 Air Content of Concrete ' 353.05.01 Concrete Subsection 353.05.01 of OPSS 353, September 1990, is amended by the addition of the following: ' The air content of concrete placed by extrusion methods shall not be less than 4.5% when tested in place in a plastic state. ' 21. AMENDMENT TO OPSS 102 Scale Accuracy Section 102.08.01 of OPSS 102 is amended by the addition of the following: Scale accuracy tolerances and Limits of Error are defined as 0.20% of the indicated load where "Indicated" load refers to the weight of the vehicle used in conducting the performance test when measured at the centre of the platform. 22. AMENDMENT TO OPSS 570 Sub-section 570.05.01 of OPSS 570, August 1990 is amended by the addition of the following: SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL96-3 (Revised) 8. ' The topsoil shall be analyzed to ensure there are no deficiencies with respect to fertility levels. The soil shall consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm, f 2 ppm. The potassium level shall be 235 ppm, f 30 ppm. The soil shall have a base saturation of calcium of 75%, f 10%. The base saturation of sodium shall be a maximum of 0.5%. The pH level shall be between 6.0 and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. If the topsoil does not meet any or all of the fertility elements the soil shall be treated with the required amendments as recommended by the topsoil analysis report. 23. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the ' following: Detailed written procedures addressing the confined space requirements of the Occupational ' Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. ' 24. CONFINED SPACE ENTRY The Contractor shall be responsible for the supply of personal protective equipment for the use ' of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: Mechanical Ventilation Equipment ' Gloves Gas Detector (C95-80) Full body harness securely attached to a rope Rope Gas mask or dust, mist or fume respirator (optional) 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) 7 minute Escape Pack Explosion-proof temporary lighting Adequate clothing to ensure protection against abrasions and contamination. t SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL96-3 (Revised) 9. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. 25. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT Clause GC7.01.06 of the OPS General Conditions of Contract is deleted and replaced by the following: 06) The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, RSO 1990, c.0.1 (the Act) and ' Ontario Regulation 213/91 (Construction Projects) and any other regulations under the Act (the Regulations) which may affect the performance of the Work, as the Constructor or Employer, as the case may be. The Contractor shall 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 Employee under the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; (c) a copy of the most current version of the Act and the Regulations are available at the Contractor'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; (d) workers 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 employed by the Contractor to perform part of the Work and their employees are properly protected from injury while they are at the work place. The Contractor when requested shall provide the Owner with a copy of its health and safety ' policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and ' inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work ' performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. 1 ' SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL96-3 (Revised) 10. ' 26. GOVERNMENTAL REQUIREMENTS The Contractor shall obey all Federal, Provincial and Municipal laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality ' of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. 27. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfilment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL96-3 (Revised) 1 1 , SPECIAL PROVISIONS - TENDER ITEMS ' 14793REV/13/3/C PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL96-3 (Revised) SECTION 1 - ROADWORKS - TOP WORKS HOT MIX, H.L.4 -ITEM NO. 4 Asphalt shall be penetration grade 85/100. Surface course asphalt shall be laid in the Spring of 1997 and the Contractor's price shall allow for this. Entrances shall be restored in accordance with the following requirements. For location of use and depths of various asphalt types the Contractor's attention is drawn to Figure No. 1 attached. (a) Existing paved entrance with sidewalk: • Private entrance restored with 50 mm H.L.-3A to match existing. • Commercial entrance restored with 40 mm H.L.-3A and 50 mm H.L.4 to match existing. (b) Existing gravel entrance with sidewalk: • Private entrance restored with 50 mm H.L.-3A to front face of sidewalk and for a distance from back of sidewalk. • Commercial entrance restored with 40 mm H.L.-3A and 50 mm H.L.4 to front face of sidewalk. Paved boulevards shall be provided with 50 mm of H.L.-3A. Rear entrance to Cowan Pontiac-Buick shall be paved with 50 mm H.L.-3A immediately following placing of Granular "A" material. 1 Payment under Item No. 4 shall also include for the following: • Forming temporary asphalt curbs at catchbasin locations. Curb length approximately 2 metres at each catchbasin location. 1 Temporary restoration of trench cuts through the Liberty Street intersection with an 80 mm depth of asphalt to match existing pavement elevation. • Temporary ramping as required at limits of paving on all streets in 1996 construction including ramping at limits of widening on Liberty street north and south of King Street. Placing of asphalt as per S-501 in road widening on Liberty street north and south of King Street to level of existing asphalt on Liberty street and to the limits of full excavation at the radii returns off King Street including all handwork as required. • Construction of 300 mm x 80 mm longitudinal stepped joints on road widening on Liberty Street and 300 mm x 40 mm stepped joint at limits of full construction on all streets. Payment under Item No. 4 (1997 construction) shall also include the following: • Cleaning of base course asphalt with a power broom'or other approved equipment capable of leaving a clean, dry surface free of dust or other objectionable material. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL96-3 (Revised) 2. • Removal of temporary asphalt curbs at catchbasin locations and disposal of materials removed. • Removal of temporary asphalt ramping at limits of construction and disposal of materials removed. Supply and placing of padding as required. Supply, placing (by hand) and rolling of thin layer of asphalt on cold milled surfaces which are to be treated with pavement reinforcement on Liberty Street north and south. Depth of asphalt and extent of placement shall be determined on site by the Contract Administrator. GLASGRID, STYLE NO. 8502 - ITEM NO. 8 The Contractor shall supply and place pavement reinforcement, Glasgrid Style No. 8502 or approved equivalent on transverse joints at limits of full depth reconstruction on Liberty Street north and south, on longitudinal joints of road widening on Liberty street and on random transverse and longitudinal cracks that exist after milling has occurred. Pavement reinforcement shall not be placed directly on cold milled surfaces. No tack coat is required in areas where pavement reinforcement is to be placed. Construction traffic only shall be allowed to operate on the reinforcement. Asphalt surface shall be placed on Glasgrid on the same day as the placing of the reinforcement. tCONCRETE IN SIDEWALK - ITEM NO. 11 Areas of private walkway to be constructed to match new sidewalk will be measured and paid for under this Item. Where new sidewalk abuts or connects to existing sidewalk or steps, an expansion joint shall be constructed at these locations. Payment shall also be made under this Item for the construction of new sidewalk across the new entrance to be constructed at the rear parking lot of Cowan Pontiac- Buick off Church Street. Section 351.07.01 of OPSS 351 is amended in that Granular "A" for sidewalk foundation shall be measured and paid for under Item No. 9. INTERLOCKING BRICK PAVERS - ITEM NO. 12 Payment shall be made under this Item for the removal and salvage of interlocking bricks and for all labour and materials required to install salvaged and new pavers at locations identified on the drawings., The unit price bid under Part (a) of the Item shall include for all additional excavation 1 required to place base materials and bedding sand. 1 SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL%-3 (Revised) 3. Boulevard pavers shall be placed on a concrete base complete with drainage openings with the placing of filter fabric at drainage openings to prevent migration of sand base material. A 10 mm depth of bedding sand shall be placed on the concrete base. New pavers shall be standard 100 mm x 200 mm x 60 mm size in a colour to be selected by the Contract Administrator. Samples shall be supplied by the Contractor for approval prior to undertaking the work. Salvaged and new pavers shall be laid to match existing pattern. Pavers shall be laid with a 3 mm gap between pavers. Following placement the pavers shall be tamped in place using mechanical vibration. Joints shall be filled by sweeping sand over the surface. The surface of the finished pavers shall be flush with adjacent concrete and shall be sealed with an acrylic sealer applied in full accordance with the manufacturer's specifications with regard to condition of surface of pavers, rate and method of application,protection of adjacent surfaces and vegetated areas and use of protective equipment during application. All work on new pavers shall be completed in accordance with the standard drawing. CONCRETE CURB AND GUTTER - ITEM NO. 14 The Contractor shall omit 2 m sections of curb and gutter at each catchbasin location. Where sidewalk abuts curb, a 50 mm wide key shall be constructed at the back of the curb in accordance 1 with the standards. The unit price bid under this Item shall include for construction of curb to entrance islands and radii at commercial properties and for construction of curb and gutter at each catchbasin location in 1997 works. The Contractor shall protect catchbasins, valves, etc., which are to remain in place, during curb and gutter construction and shall make good any damage caused as a result of his operations. Where excavation for curb and gutter is required and this excavation does not constitute part of the roadway excavation, then such excavation shall be deemed to be included in the unit price for the curb and gutter. Granular "A" for curb and gutter foundation under this condition shall be paid for under Item No. 9. ADJUSTING MANHOLES AND CATCHBASINS - ITEM NO. 25 Payment shall be made under this Item for the adjustment of sanitary and storm manholes and catchbasins (new or existing) to surface course asphalt level in 1997 construction. i SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL96-3 (Revised) 4. REMOVAL OF ASPHALT PAVEMENT PARTIAL DEPTH - ITEM NO. 30 Pavement shall be made under this Item for the removal of an approximate depth of 40 mm of asphalt by cold milling methods from the areas identified on the drawings on Liberty Street. This work will not be undertaken until 1997 and will be carried out in conjunction with asphalt surfacing operations. ' REMOVAL OF CURB AND GUTTER - ITEM NO. 32 Concrete rubble resulting from curb and gutter removal is not suitable for reuse on site and shall be disposed of off the site at a location arranged for by the Contractor. ' TOPSOIL AND SOD - ITEM NO. 36 ' Payment shall be made under this Item for the supply and placing of a minimum depth of 100 nun of topsoil and nursery sod in disturbed grassed areas including restoration of Church Street boulevard at the rear of Cowan Pontiac-Buick. The Contractor shall include in the unit price bid under this Item for topsoil testing as required by Clause 32 of the "Special Provisions General" and for treatment of the topsoil as necessary to meet fertility requirements. ' MISCELLANEOUS LANDSCAPING - ITEM NO. 37 For the lump sum figure of$7,000(to be included in the total tender amount) the Contractor shall undertake the following landscaping works on a force account basis at the following locations: ' Shell Station west of Libe • rty Street. • Canada Trust Building on east side of Liberty Street. ' • Blockbuster Video. • House No. 126 at Ontario Street/King Street intersection. • House Nos. 2, 4, 6, 8, 10, 12, 14 and 16, Liberty Street South. ' The landscaping works shall generally consist of shrub planting, building of pressure treated planter, adjustment or replacement of fencing, etc. Additional landscaping works may be required at the ' discretion of the Contract Administrator. I F CORPORATION OF THE MUNICIPALITY O LARINGTON C C ' CONTRACT NO. CL96-3 (Revised) i 1 1 1 1 1 ' STANDARD DRAWINGS PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL96-3 (Revised) STANDARD NO. DESCRIPTION Fig. 1 PAVEMENT STRUCTURE - CHART ' Fig. 2 BRICK BOULEVARD - TYPICAL SECTION OPSD- 216.01 BOULEVARD TREATMENTS - URBAN SECTION 218.01 SODDING OF SIDE SLOPES 310.010 Mod. CONCRETE SIDEWALK 310.020 Mod. CONCRETE SIDEWALK ADJACENT TO CURB AND GUTTER 310.030 Mod. CONCRETE SIDEWALK RAMPS AT INTERSECTIONS 310.040 UTILITY ISOLATION IN SIDEWALKS 310.050 SIDEWALK DRIVEWAY ENTRANCE DETAILS KING STREET EAST RECONSTRUCTION - PAVEMENT STRUCTURE LOCATION 40mm 50mm 40mm 50mm GRANULAR ' ' GRAN AR 'B' HL 1 HL 3A HL 4 HL 4 100mm 150mm 200mm 200mm 300mm 450mm 750mm KING STREET i • • • • LIBERTY ST. N. WIDENING • • • i • LIBERTY ST. S. WIDENING* • ! • • • BROWN STREET • • • • LAMBERT STREET • • • • ST. GEORGE STREET • • • RESIDENTIAL ENTRANCE • ! COMMERCIAL ENTRANCE ! • • • PAVED BOULEVARDS • • * PAVED BOULEVARD TO HAVE SAME PAVEMENT STRUCTURE AS RESIDENTIAL ENTRANCE. MUNICIPALITY OF CLARINGTON KING STREET EAST (ONTARIO STREET TO FRANK STREET) 'BOWMANVILLE' N PAVEMENT STRUCTURE FEB. 19 1996 CL96-3 FIGURE 1 PROJECT No. 12-10511 VARIES VARIES 125mm CONCRETE O.P.S.D.-600.04 ( 30 Mpa ) 100mm GRANULAR 'A' ' SOmm ADDITIONAL WIO AS PER O.P.S.D.-600.04 60mm INTERLOCKING BRICK PAVERS ON 10mm SAND BASE 55mm CONCRETE BASE ( 30 Mpa ) ' TYPICAL SIDEWALK WITH BRICK BOULEVARD CROSS—SECTION N.T.S. NOTES 1. BRICK TYPE SIMILAR TO TYPE USED IN EAST BOULEVARD ' OF LIBERTY STREET (KING STREET TO CONCESSION STREET) BOWMANVILLE. 2. 20mm DIA. DRAIN HOLES THROUGH THE CONCRETE BASE, TO BE PLACED AT INTERVALS OF 750mm. HOLES TO BE ' FILLED WITH SAND. GEOTEXTILE TO BE PLACED OVER HOLES. 3. BRICK SURFACE SHOULD BE SEALED WITH AN APPROVED ACRYLIC SEALER. MUNICIPALITY OF CLARI.NGTON KING STREET EAST (ONTARIO STREET TO FRANK STREET) 'BOWMANVILLE0 -. SIDEWALK & BOULEVARD DETAIL FEB. 19 1 . PROJECT No No. 12-10511 CL96-3 FIGURE 2 c \i Sidewalk 0.3m min ' Note 1 — 0.5 Original ground_ Pavement Grarular base Boulevard surface -- m o���i- ' 2y 8ymax -7 29 2r 37� .27-min Rounding ' ' breakpoint 0.3m Granular Subgrade Typ subbase 50mm min J- Typ Pipe subdrain Typ CUT AND FILL SECTION WITH BARRIER CURB Sidewalk 0.3m min Note 1 ' Granular base Pavement surface 0.5 Original ground i oy�� 2% — 2%min 8%max 2% or ... ..• :—•• •°.,•� :. �: • Depth as �� �. specified ' Rounding Granular Subgrade A breakpoint subbase ' CUT AND FILL SECTION WITH MOUNTABLE CURB NOTES: 1 Where steel beam guide rail is indicated, the minimum rounding shall be 1.0m, with 0.5m required from edge of sidewalk ' to rounding breakpoint. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1994 05 16 Rev OP BOULEVARD TREATMENTS Date— _— _ —_— — S URBAN SECTION Or— a PSD — 216.010 � r irk r rr r r �r r r �r r r■ �r r r r �, ■� 1, o^ sod esurfoceeper' f �. do S^�d 9 ye y flush wffA s _ •r w :r: ` - I /dp 100 100 - - _ - • .i •• _• / of- 01� dop got 4 D Oct ion .. .• I. , ,,�•.• '� I .. '- •mss ` ' _ .,. / � , _ ,' .' Subgrode elevation _ on roadway frontslope NOTES: A For application to designated areas. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD , DRAWING Date 1990 09 14 1 Revj 2 Date SODDING OF SIDE SLOPES rOPSD- 218. 01 varies .2 m min) o e 0.3m BOULEVARD Concrete min M� slope 1 ' 2% to lO 7G Slope 2% to 4x sidewalk 2% to 107 DE: 21L- 5mm �R-5rnm IOOmm Granular A �• Note 1 5-� TYPICAL SECTION A! 0 DUMMY JOINT Curb and gutter Expansion joint materiol 5-1 0.25 T BOULEVARD R=0.5m Note I Typ 6-1;.• .~sue ..t. .r Y ID ': .. ►�- `o Typ ns Expaion joints CONTRACTION JOINT R=5mm ' TYP 5 Dummy joints • t . 1 •• e c Typ •�• r .:+ �. Contraction t M joints Typ 12mm•expansion joint material JOINT LAYOUT EXPANSION JOINT NOTES: ' 1 Sidewalk thickness at residential driveways A All dimensions are in millimetres or and adjacent to curb- shall beFl?---51 mm. metres unless otherwise shown. At commercial and industrial driveways, the thickness shall be Iso mm. ' 2 Sidewalk width shall -be increased to 2.4m at schools, bus stops and other high pedestrian areas. ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 Rev MODIFIED Q - - - - S CONCRETE SIDEWALK oats _MAR.Lt OPSD -- 310.010-1 1.5m Note 2 Expansion ! joint material Finished road sloe 2% to 4% surface ' _ ' .: ; :�. .�.. .. 125 mm q 07•• , • .= Concrete R=5mm •t• • • R=5mm sidewalk s' • . ~ ` GRANULAR 'A' - 100mm Curb and gutter 5- as specified TYPICAL SECTION � `11 5 ' •1';.:..•'� : '.r.' ,�.• •: u ! s 7 ontnmaterial ° Curb and gutter ' DUMMY JOINT 1.5m ' S 0.25.r Typ • ' Y Contraction joint Expansion joints ' CONTRACTION JOINT R=5mm Typ 5 Dummy joints • s . .' Y Typ •r `• .y °c i '� r �;• Contraction joint --I I-- 12mm expansion JOINT LAYOUT joint material EXPANSION JOINT NOTES: ' 1 Sidewalk thickness at residential driveways A All dimensions are in millimetres or and adjacent to curb shall be Its mm. metres unless otherwise shown. At commercial and industrial driveways. ' the thickness shall beri-50-1 mm. 2 Sidewalk width shall be increased to: — 1.8m when adjacent to curb on major roadways — 2.4m at schools, bus stops and other high pedestrian areas. ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 Rev CONCRETE SIDEWALK _ _ _ MODIFIED SP ADJACENT TO Date _MAR.`1%.9 CURB AND GUTTER 10PSD - 310.020 Stop or-yield Stop or yield '• street street 1 .P l N Expansion joints 2.5m Typ romp Ramp slopes max 1.5m ----� Typ I Typ c 'o 1.5m Typ .0 Expansion joint Curb and gutter material , Typ Curb and gutter Through street —� 4— Through street UNSIGNALIZED INTERSECTIONS 1 Back of sidewalk Expansion joint Directional lines Typ 1 Crosswalk Directional lines / I E Typ o 0.3m apart and 1.5rn long — min s Typ 1. Curb and ------- I gutter - 1.0—#—1.5 1.0 0 Gutter line Lo i RAMP ELEVATION F"II "'� height 1.0 1 7.o, I Curb and gutter Finished road ' i 1 surface Expansion joint material SIGNALIZED INTERSECTIONS 2.5m Back of 1 - •• sidewalk 8% max 57G desirable —Siope�f min - IZ 1 Curb and gutter Sidewalk ramp as specified TYPICAL RAMP SECTION 1 NOTES: A Directional lines shall be 10x10mm made B All dimensions are in millimetres or with grooving tool having a 15mm radius. metres unless otherwise shown. 1 ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 Rev MoD. oP CONCRETE SIDEWALK RAMPS pate Jut._y, — — - S 1 AT INTERSECTIONS OPS _ 10.030 D 3 1 _ Sidewalk Typ Note 1 Curb Typ Ebt Face of curb Expansion joint Typ material CATCH BASIN ' Expansion joint Note 2 ' Expansion joint material Note 3 Maintenance hole UTILITY APPURTENANCE Expansion joint Note 2 1 'f Provide a minimum of 100mm clearance Pole Asphaltic concrete around pole t Note 4 UTILITY POLE ' NOTES: 1 Expansion joint through sidewalk is 4 For portland cement concrete alternative required when curb and gutter is use expansion joint material around boxout. poured integral with sidewalk. A All dimensions are in millimetres or metres ' 2 Adjust joints to coincide with centre of unless otherwise shown. utility, with minimum slab length of 1 m. 3 Expansion joint material shall be placed ' around maintenance holes flush with concrete surface. ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 Rev UTILITY ISOLATION s IN SIDEWALKS Date ._ _ _ - - - OPSD - 310.040 � I� I� liii� I� I� li• I� � I� � li• I� li• � lii I� � I� 1 1 0----y Driveway varies Driveway varies A 41B t E E t Ui C C D D • Boulevard Curb and gutter 4JA 0.5m min 1.5m min Sidewalk depressed I ' to match dropped curb r B Curb and gutter for driveway entrance Sidewalk depressed FULLY DEPRESSED to match dropped curb for driveway entrance PARTIALLY DEPRESSED SIDEWALK AT DRIVEWAY ENTRANCE—PLAN Transition section Sidewalk Dropped sidewalk Dropped sidewalk , F Sidewalk Transition— �— — • - -T-- -- r section 4 SIDEWALK WITHOUT BOULEVARD SIDEWALK WITH BOULEVARD SECTION C—C SECTION D—D Curb and gutter 2y min 150mm 1►--Varies 4% 2% min Note 1 Typ „ a 0 �• a .A. Varies SECTION B—B SECTION A—A NOTES: 1 At commercial and industrial driveways the thickness shall ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 Rev be 200mm. A All dimensions are in millimetres SIDEWALK DRIVEWAY ENTRANCE Date — _ — — — — — S or metres unless otherwise shown. — — — — — — DETAILS r0_PSD — 31.0.050 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL96-3 (Revised) ' OPS GENERAL CONDITIONS OF CONTRACT ' (August 1990) ONTARIO Ontario PROVINCIAL STANDARDS Au 1990 GENERAL CONDITIONS OF CONTRACT ' MEA TABLE OF CONTENTS Section Title Page Section Title Page GC 1 INTERPRETATION 1 GC 3.10 Subcontracting by the ' Contractor 11 GC1 .01 Captions .11 Changes in the Work, Extra .02 Abbreviations Work, and Additional Work 12 .03 Gender and Singular References ' 04 Definitions GC 3.11.01 Changes in the Work .05 Substantial Performance 4 .02 Extra Work .06 Completion .03 Additional Work .07 Final Acceptance 5 ' .08 Interpretation of Certain Words GC 3.12 Notices .13 Use and Occupancy of the Work Prior to Substantial ' GC 2 CONTRACT DOCUMENTS 7 Performance .14 Claims, Negotiations GC 2.01 Reliance on Contract Disputes 13 Documents ' 02 Order of Precedence GC 3.14.01 Claims Procedure .02 Negotiations GC 3 ADMINISTRATION OF .03 Continuance of the Work ' THE CONTRACT 9 .04 Record Keeping .05 Disputes GC 3.01 Contract Administrator's .06 Payment Authority .07 Rights of Both Parties ' .02 Working Drawings 10 .03 Right of the Contract GC 3.15 Engineering Arbitration 14 Administrator to Modify ' Methods and Equipment GC 3.15.01 The Conditions for .04 Emergency Situations Engineering Arbitration .05 Layout .02 Arbitration Procedure .06 Working Area .03 Form and Appointment of 07 Extension of Contract Arbitration Board Time 11 .04 Costs .08 Delays .05 The Award 09 Assignment of Contract .06 Hearing 'Section Title Page Section Tate Page GC 4 OWNER'S RIGHTS AND GC 6.03.05.01 Property Insurance 20 RESPONSIBILITIES 15 .02 Boiler Insurance .03 Use and Occupancy of GC 4 .01 Working Area the Work Prior to .02 Disposal of Materials Completion 21 ' 03 Construction Affecting .04 Payment for Loss or Railway Property Damage .04 • Default by the Contractor 05 Notification of Default GC 6.03.06 Contractors' Equipment ' .06 Contractor's Right to Insurance Correct a Default .07 Insurance Requirements .07 Owner's Right to Correct and Duration Default 08 Termination of GC 6.04 Bonding 22 Contractor's Right to Continue the Work GC 7 CONTRACTOR'S RESPONSI- ' 09 Final Payment to BILITIES AND CONTROL Contractor 16 OF THE WORK 23 .10 Termination of the Contract GC 7.01 General ' 11 Continuation of .02 Layout Contractor's Obligations .03 Damage by Vehicles or .12 Use of Performance Bond Other Equipment 24 .04 Excess Loading of Motor 'GC 5 MATERIAL 17 Vehicles .05 Condition of the Working GC 5.01 Supply of Material Area ' 02 Quality of Material .06 Maintaining Roadways and .03 Rejected Material Detours .04 Substitutions .07 Access to Properties .05 Owner Supplied Material Adjoining the Work and Interruption of Utility GC 5.05.01 Ordering of Excess Services 25 Material .08 Approvals and Permits .02 Care of Material 18 .09 Suspension of Work .10 Contractor's Right to GC 6 INSURANCE, PROTECTION Stop the Work or AND DAMAGE 19 Terminate the Contract .11 Notices by the Contractor 26 'GC 6.01 Protection of Work, .12 Obstructions Persons and Property .13 Limitations of Operations .02 Indemnification .14 Cleaning Up Before ' 03 Contractor's Insurance Acceptance .15 Warranty 27 GC 6.03.01 General ' .02 General Liability Insurance 20 GC 8 MEASUREMENT AND .03 Automobile Liability PAYMENT 29 Insurance ' 04 Aircraft and Watercraft GC 8.01 Measurement Liability Insurance .05 Property and Boiler GC 8.01.01 Quantities Insurance .02 Variations in Tender Quantities ii Section Tide Page Section Title page, GC 8.02 Payment 29 .10 Interest for Negotiations GC 8.0201 Price for Work and Claims ' .02 Advance Payments for .11 Owner's Setoff 33 Material .12 Delay In Payment .03 Certification and Payment 30 GC 8.02.04 Payment on a Time and Material Basis GC 8.02.03.01 Progress Payment Certificate GC 8.02.04.01 Definitions ' .02 Certlfication of Sub- .02 - Daily Work Records 34 contract Completion .03 Payment for Work .03 Subcontract Statutory .04 Payment for Labour Holdback Release .05 Payment for Material ' Certificate and Payment .06 Payment for Equipment .04 Certification of Substantial Performance 31 GC 8.02.04.06.01 Working Time ' .05 Substantial Performance .02 Standby Time Payment and Statutory Holdback Release Payment GC 8.02.04.07 Payment for Hand Tools 35 Certificates .08 Payment for Work by ' .06 Certification of Subcontractors Completion 32 .09 Submission of Invoices .07 Completion Payment and Statutory Holdback GC 8.02.05 Final Acceptance Release Payment Certificate Certificates .06 Payment of Workers .08 Interest .07 Records .09 Interest for Late .08 Taxes and Duties 36 ' Payment .09 Liquidated Damages iii r Ontario August 1gg0 Ontario Provincial 1 Standard r MEA GENERAL CONDITIONS OF CONTRACT rSECTION GC1 INTERPRETATION r GC1.01 Options GC1.04 Definitions The captions appearing in these general conditions For the purposes of this Contract the following have been inserted as a matter of convenience and for definitions apply: r ease of reference only and in no way define, limit or enlarge the scope or meaning of the general conditions 'Access Road" means a private road built or existing or any provision hereof. road used by the Contractor to gain access to the Work or to a source of material. ' GC1.02 Abbreviations "Adjusted Plan Quantity" means a Plan Quantity which The abbreviations listed on the left below are has been adjusted for any-or all of the following: a r commonly found in the Contract Documents and mistake in calculation, approved addition, or an represent the organizations and phrases listed on the approved deletion. right: "Actual Measurement" means the field measurement of r 'AASHTO"i -American Association of that quantity within the approved limits of the Work. "AASHO" j State Highway Transportation Officials "ANSI" - American National Standards Institute "Additional Work" means work not provided for in the 'APEO" - Association of Professional Engineers Contract and not considered by the Contract r Ontario Administrator to be essential to the satisfactory "ASTM' - American Society for Testing and completion of the Contract within its intended scope. Materials 'AWG" - American Wire Gauge *Base, means a layer of material of specified type and r 'AWWA" - American Water Works Association thickness placed-Immediately-below the pavement; "CESA" - Canadian Engineering Standards driving surface, finished grade, curb and gutter or Association sidewalk. "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association 'CWB" - Canadian Welding Bureau 'Change in the Work" means the deletion, extension, "GC' - General Conditions increase, decrease or alteration of lines, grades, r lops' - Ontario Provincial Standard dimensions,quantities,methods,drawings,changes in "OPSS' - Ontario Provincial Standard the character of the work to be done or materials of the Specification Work or part thereof,within the intended scope of the "OPSD" - Ontario Provincial Standard Drawing Contract. r 'MOE" - Ministry of the Environment (Ontario) 'MTO'` - Ministry of Transportation (Ontario) "Change Order" means a written order to the "MTC'1 Contractor covering contingencies, Extra Work, ' 'MUTCD' - Manual of Uniform Traffic Control increase or decrease in Contract quantities and Devices, published by MTO additions or alterations to the plans or specifications, 'SAE' - Society of Automotive Engineers within the scope of the Contract and establishing the "SSPC" - Structural Steel Painting Council basis of payment and the time allowed for the r 'UL' - Underwriters Laboratories adjustment of the Contract Time. Means also, written "ULC' - Underwriters Laboratories Canada authorization covering Additional Work. GC1.03 Gender and Singular References "Completion Certificate" means the certificate issued r by the Contract Administrator at completion. References to the masculine or singular throughout the Contract Documents shall be considered to include the 'Construction Signs" mean all traffic control devices feminine and the plural and vice versa as the context and signs, including vehicles, trailers, and the like, requires. provided to support signs, and equipment to supply rOPS General Conditions of Contract 2 sign lighting,but excluding Contract identification signs and description and quantities of material utilized. and highway number markers,all as may be described in the MUTCD. "Day' means a calendar day. ' 'Constructor' means, for the purposes of, and within "Drawings"or"Plans' mean any Contract Drawings or the meaning of the Occupational Health and Safety Act, Contract Plans or any Working Drawings or Working R.S.O. 1980, c. 321 and amendments thereto, the Plans, or any reproductions of drawings or plans Contractor who executes the Contract pertaining to the Work. "Contract Administrator'means the person,partnership 'Earth Grade" means the earth surface,whether in cut or corporation designated by the Owner to be the or fill, as prepared for the Base or Subbase. Ownees representative- for the purposes of the Contract. "Engineer' means a professional engineer licensed by the Association of Professional Engineers of Ontario to ' 'Contract- means the undertaking by the Owner and practice in the Province of Ontario. the Contractor to perform their respective duties, responsibilities and obligatiogs,•.as,prescribed::in the "Equipment' means all machinery and equipment used Contract Documents. for preparing, fabricating, conveying or erecting the Work and normally referred to as construction "Contract Documents' mean the executed Agreement machinery and equipment. between the Owner and the Contractor,the Tender,the General Conditions of Contract, the Supplemental 'Estimate' means a calculation of the quantity or cost General Conditions of Contract. Standard of the Work or part of it depending on the context. Specifications,Special Provisions,Contract Drawings, addenda incorporated In a Contract Document before "Extra Work" means work not provided for In the ' the execution of the Agreement,such other documents Contract-as awarded but considered by the Contract as may be listed In the Agreement and subsequent Administrator essential to the satisfactory completion of amendments to the Contract Documents made the Contract within its intended scope. pursuant to the provisions of the Agreement. "Final Acceptance Certificate" means the certificate i `Contract Drawings" or 'Contract Plans" mean issued by the Contract Administrator at Final drawings or plans provided by the Owner for the Work Acceptance. and without limiting the generality thereof may include ' soil profiles, foundation investigation reports, `Final Detailed Statement" means a complete reinforcing steel schedules, aggregate sources lists, evaluation prepared by the Contract Administrator quantity sheets,cross-sections and standard drawings. showing the quantities, unit prices and final dollar amounts of all items of work completed under the 'Contractor" means the person, partnership or Contract,including variations in tender items and Extra corporation undertaking the Work as identified in the Work, and set out In the same general form as the Agreement. monthly estimates. "Contract Time" means the. time stipulated in the "Final Quantity' means that quantity used in the Final Contract Documents for Substantial Performance of the Detailed Statement. Work, Incfudlng any extension of Contract Time made ' pursuant to the Contract Documents. "Force Account" See Time and Material". 'Controlling Operation' means any component of the "Grade" means the required elevation of work. Work,which,if delayed,will delay the completion of the ' Work- "Grade line" means a reference line representing the Grade in profile or longitudinal section established for 'Cost Plus" See Tme and Material". the control of work. 'Cut-off Date' means the date up to which payment "Hand Tools" means tools that are commonly called will be made for work performed. tools or implements of the trade and include small power tools. Individually a tool will be considered as 'Daily Work Records' mean daily records kept a Hand Tool where the maximum cost is$250. detailing the number and categories of workers and hours worked or on standby; types and quantities of 'Haul Road" means any public road excluding the equipment and number of hours in use or on standby; road under contract,which forms part of a materials OPS General Conditions of Contract 3 haul route. 'Profile Grade' means the required elevation of the / surface of the Base. 'Highway' means a common and public highway any part of which Is intended for or used by the general 'Quantity Sheet' means a list of the quantities of work public for the passage of vehicles and Includes the to be done. ' area between the lateral property lines thereof. 'Rate(s) of Interest' means the rate(s) determined by "Inspector" means any person, partnership or the Treasurer of Ontario and Issued by, and available corporation appointed by the Contract Administrator to from,the Owner. participate in the inspection of the Work and the Material to be used in the Work. "Records' mean any books, payrolls, accounts or other information which relate to the Work or any •Labour and Material Payment Bond' means the type Change In the Work or claims arising therefrom. of security furnished to the Owner to guarantee payment of prescribed debts of the Contractor covered `Road Allowance' means the lands acquired at any by the bond. time for use as a Highway. "Lump Sum Item" means..a.tender.item:Indicating a 'Roadbed" means that:-part of .the-Work which is - portion of the Work for:which payment will be made at designed to support the wearing surface and shoulders ' a single tendered price. Payment is not based on a of the Roadway. measured quantity, although a quantity may be given in the Contract Documents. "Roadway" means that part of the Highway designed or intended for use by vehicular traffic and includes the shoulders. "Major Item" means any tender item that has a value, calculated on the basis of its actual or estimated tender 'Rock Grade, means the rock surface,whether In cut quantity whichever is the larger,multiplied by its tender or fill, which has been prepared for the Base or unit price, which is equal to or greater than the lesser Subbase. Of 'Shoulder" means that portion of the Roadway a) $100,000, or between the edge of the wearing surface and the top inside edge of the ditch or fill slope. b) 5% of the total tender value calculated on the basis of the total of all the estimated tender "Special Provisions" mean special directions ' quantities and the tender unit prices. containing requirements peculiar to the Work. "Standard Specification" means a standard practice "Material" means material, machinery, equipment and required and stipulated by the Owner for performance fixtures forming part of the Work. of the work. 'Owner" means the party to the Contract for whom the 'Subbase'-means a layer of-material of specked type ' Work is being performed, as Identified in. the and thickness between the Subgrade and the Base. Agreement, and Includes,with the same meaning and Import "Authority". 'Subcontractor" means a person, partnership or corporation undertaking the execution of a part of the "Pavement" means a wearing course or courses Work by virtue of an agreement with the Contractor. placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, or plant or road 'Subgrade" means the Earth Grade or Rock Grade. mixed mulch. *Substructure" means all of that part of a structure -Performance Bond" means the type of security below: the bearings of single and continuous spans, furnished to the Owner to guarantee completion of the skewbacks of arches and tops of footings of rigid Work In accordance with the Contract and to the extent frames, Including backwaiis, wingwalis and wing ' provided in the bond. protection railings. "Plan Ouantiry' means that quantity as computed from ' within the boundary lines of the Work as shown in the "Superintendent" means the Contractor's authorized Contract Documents. representative in responsible charge of the Work. ' OPS General Conditions of Contract 4 j 'Superstructure" means all that part of a structure (i) non-delivery of Owner supplied materials, above: the bearing seat of single and continuous spans, skewbacks of arches and tops of footings of (ii) any cause beyond the reasonable control rigid frames, excluding backwalls,wingwalis and wing of the Contractor which can be protection railings. substantiated by the Contractor to the satisfaction of the Contract Administrator. "Surety" means the person,partnership or corporation, other than the Contractor, executing a bond provided 'Working Drawings" or "Working Plans' means any by the Contractor. Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the Time and Material" means costs calculated according generality thereof, include falsework plans, roadway to clause GC8.0204. Payment on a Time and Material protection plans, shop drawings, shop plans or Basis. Where •Cost Plus' and 'Force Account' are erection diagrams. used they shall have the same meaning. GC1.05 Substantial Performance "Utility" means a facility maintained by a municipality, public .utility. authority or regulated authority and. 01). The Work is-substantially-performed,:_. Includes sanitary sewer, storm sewer, water, electric, gas, steam,telephone and cable television services. (a) when the Work to be performed under the Contract or a substantial part thereof is ready 'Warranty Period" means the period of 12 months from for use or is being used for the purpose the date of substantial performance or such longer intended; and period as may be specified for certain materials or work. Where a date of substantial performance is not (b) when the Work to be performed under the established, the warranty period shall commence on Contract is capable of completion or, where the date of completion. there is a known defect,correction,at a cost of not more than "Work' means the total construction and related services required by the Contract Documents. () 3% of the first $500,000 of the contract price, I "Working Area" means all the lands and easements owned or acquired by the Owner for the construction (i) 2% of the next $500,000 of the contract of the Work. price, and 'Working Day"means any Day (Ii) 1%of the balance of the contract price. (a) except Saturdays, Sundays and statutory 02) For the purposes of this Contract where the holidays; Work or a substantial part thereof is ready for use or Is being used for the purposes intended and the (b) except a Day as determined by the Contract remainder of the Work cannot be completed Administrator, on which the Contractor is expeditiously for reasons beyond the control of the ' prevented by inclement weather or conditions Contractor or, where the Owner-and the Contractor resulting immediatelytherefrom,from proceeding agree not to complete the Work expeditiously,the price with a Controlling Operation. For the purposes of the services or materials remaining to be supplied of this definition,this will be a Day during which and required to complete the Work shall be deducted the Contractor cannot proceed with at least 60% from the contract price in determining substantial of the normal latiour and equipment force performance. effectively engaged on the Controlling Operation ' for at least 5 hours; GC1.06 Completion (c) except a Day on which the Contractor is 01) The Work shall be deemed to be completed prevented from proceeding with the Controlling and services or materials shall be deemed to be last Operation, as determined by the Contract supplied to the Work when the price of completion, Administrator by reason of: correction of a known defect or last supply is not more than the lesser of ' () any breach of Contract or prevention by the Owner,by any other Contractor of the (a) 1%of the contract price; or Owner or by any employee of any one of } them, (b) $1,000. OPS General Conditions of Contract 5 GC1.07 Final Acceptance GC1.08 krterpretction of Certain Wards 01) Thewords'acceptable'."approvar.%W Xtzed', 01) Final Acceptance shall be deemed to occur 'considered necessary', `directed'. 'required% when the Contract Administrator is satisfied that,to the 'satisfactory'. or words of like Import, shelf mean best of the Contract Administrator's knowledge at that approval of,directed, required, considered necessary time,the Contractor has rectified all imperfect work and or authorized by and acceptable or satisfactory to the has discharged all of the Contractor's obligations under Contract Administrator unless the context clearly the Contract. indicates otherwise. a OPS General Conditions of Contract 1 s 1 1 1 1 1 1 1 1 1 i 1 1 1 i 1 1 � 7 C SECTION GC2 CONTRACT DOCUMENTS August 1990 GC2.01 Reliance on Contract n Working Drawings Documents Later dates shall govern within each of the above 01) The Owner warrants that the information categories of documents. fumished in the Contract Documents can be retied upon with the following limitations or exceptions: 02) In the event of any conflict among or inconsistency in the information shown on Drawings, (a) The location of all mainline underground utilities the following rules shall apply: which will affect the Work will be shown to a tolerance of (a) Dimensions shown in figures on a Drawing 1 m horizontal and shall govern where they differ from dimensions 0.3 m vertical; scaled from the same Drawing; ' (b) The Owner does_:not warrant interpretations of; (b) Drawings`.0f;larger-scale-Shall-govern over data or opinions expressed in any°subsurface those of smaller scale; report available for the perusal of the Contractor and excluded from the Contract Documents;and (c) Detailed Drawings shall govern over general Drawings; and (c) other information specifically excluded from this warranty. (d) Drawings of a later date shall govern over those of an earlier date in the same series. GC2-02 Order of Precedence 03) In the event of any conflict in the contents of ' 01) in the event of any inconsistency or conflict in Standard Specifications the following order of the contents of the following documents, such precedence shall govern: documents shall take precedence and govern in the following order. (a) Ontario Provincial Standard Specifications;then (a) Agreement (b) other standard specifications, such as those (b) Addenda produced by CSA, CGSB, ASTM and ANSI, (c) Special Provisions and referenced in the Ontario 'Provincial (d) Contract Drawings Standard Specifications. (e) Standard Specifications (f) Tender 04) The Contract Documents are complementary, (g) Supplemental General Conditions and what is required by any one shall be as binding as (h) General Conditions if required by all. OPS General Conditions of Contract la 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � 1 OPS General Conditions of Contract 9 SECTION GC3 ADMINISTRATION OF THE CONTRACT August 1990 GC3.01 Contract Administrators 09) The Contract Administrator will be, in the first Authority Instance,the Interpreter of the Contract Documents and the judge of the performance thereunder by both 01) The Contract Administrator will be the Owner's parties to the Contract.interpretations and decisions of representative during construction and until the the Contract Administrator shall be consistent with the issuance of the Completion Certificate or the issuance Intent of the Contract Documents and In making these of the Final Acceptance Certificate whichever is later. decisions the Contract Administrator will not show All instructions to the Contractor Including instructions partiality to either party. from the Owner will be issued by the Contract Administrator, The Contract Administrator will havgthe 10) The Contract Administrator will have the authority to act on behalf of the Owner only to the authority to reject work or Material which does not extent provided in the Contract Documents. conform to the Contract Documents. 02) Ali claims,disputes and other matters in question 11) Defective work, whether the result of poor relating to the performance and the.quality.-of the,Work workmanship, use-of,•defective material,,orrdamage or the Interpretation of the Contract Documents shall be through carelessness or other act or-omission of the initially referred to the Contract Administrator in writing Contractor and whether incorporated in the Work or by the Contractor. The Contract Administrator will give not, which has been rejected by the Contract a decision in writing within a reasonable time. Administrator as failing to conform to the Contract Documents shalt be removed promptly from the Work 03) The Contract Administrator will inspect the Work by the Contractor and replaced or re-executed for its conformity with the plans and specifications,and promptly in accordance with the Contract Documents to record the necessary data to establish payment at no additional cost to the Owner. quantities under the schedule of tender quantities and ' unit prices or to make an assessment of the value of 12) Any part of the Work destroyed or damaged by the work completed in the case of a lump sum price such removals,replacements or re-executions shall be contract. made good, promptly, at no additional cost to the Owner. 04) The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts 13) If, in the opinion of the Contract Administrator, as provided for in Section GC8, Measurement and it is not expedient to correct defective work or work not Payment. performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to 05) The Contract Administrator will with reasonable the Contractor the difference in value between the work 1 promptness review and take appropriate action upon as performed and that called for by the Contract the Contractor's submissions such as shop drawings, Documents,the amount of which will.be determined In product data, and samples in accordance with the the first instance by the Contract Administrator. Contract Documents. 14) Notwithstanding any inspections made by the 06) The Contract.Administrator will investigate all Contract Administrator or the issuance of any allegations of a change in the character of the Work certificates or the making of any payment by the made by the Contractor and issue appropriate Owner, the failure of the Contract Administrator to Instructions. reject any defective work or Material shall not constitute acceptance of defective work or Material. 07) The Contract Administrator will prepare Change Orders for the Contractor's signature and the Owner's approval. 15) The Contract Administrator will have the authority to temporarily suspend the Work for such 08) Upon written application by the Contractor, the reasonable time as may be necessary to facilitate the I Contract Administrator and the Contractor will jointly checking of any portion of the Contractor's conduct an inspection of the Work to establish the date construction layout or the inspection of any portion of of substantial performance of the Work and/or the date the Work. There shall not be any extra compensation of Completion of the Work. for this suspension of work. OPS General Conditions of Contract 10 GC3.02 Working Drawings make alterations in the method, Equipment or work force at any time the Contract Administrator considers 01) The Contractor shall arrange for the preparation the Contractor's actions to be unsafe,or damaging to of clearly Identified and dated Working Drawings as either the Work or existing facilities or the environment. ' called for by the Contract Documents. The Contractor shall after the sequence of operations 02) The Contractor shall submit Working Drawings on the Contract, when requested in writing, so as to to the Contract Administrator with reasonable avoid interference with other work. promptness and In orderly sequence so as to not cause delay In the Work. If either the Contractor or the 02) Notwithstanding the foregoing, the Contractor Contract Administrator so requests they shall jointly shall ensure that all necessary safety precautions and prepare a schedule fixing the dates for submission and protection are maintained throughout the Work. return of Working Drawings. Working Drawings shall be submitted in the form of prints. At the time of GC3.04 Emergency Situations submission the Contractor shall notify the Contract Administrator in writing.of any. deviations from the 01) The Contract Administrator has the right to Contract requirements_.that exist in. the .Working determine the existenceof an emergency situation,and Drawings. when such an emergency situation Is deemed to exist, the Contract Administrator may instruct the Contractor 03) The Contract Administrator will review and return to take action to remedy the situation.ff the Contractor Working Drawings in accordance with an agreed upon does not take timely action,or if the Contractor is not schedule,or otherwise,with reasonable promptness so available,the Contract Administrator may direct others as not to cause delay. to remedy the situation. 04) The Contract Administrator's review will be to 02) If the emergency situation was the fault of the check for conformity to the design concept and for Contractor, the remedial work shall be done at the general arrangement only and such review shalt not Contractor's expense. If the emergency situation was relieve the Contractor of responsibility for errors or not the fault of the Contractor,the Owner will pay for omissions In the Working Drawings or of responsibility the remedial work. for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been GC3.05 Layout approved in writing by the Contract Administrator. 01) The Contract Administrator ' will provide 05) The Contractor shall make any changes in baselines and benchmarks for the general location, Working Drawings which the Contract Administrator alignment and elevation of the Work. The Owner will may require consistent with the Contract Documents be responsible only for the correctness of the and resubmit unless otherwise directed by the Contract information provided by the Contract Administrator. Administrator. When resubmitting,the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract GC3.06 Working Area Administrator. 01) The Contractor's sheds, site offices, toilets, 06) Work related to the Working Drawings shall not other temporary structures and storage areas for proceed until the Working Drawings have been signed material and equipment shall be grouped In a compact and dated by the Contract Administrator and marked manner and maintained in a neat and orderly condition with the words 'Reviewed. Permission to construct at all times. granted'. 02) The Contractor shall confine his construction 07) The Contractor shall keep one set of the operations to the Working Area Should the Contractor reviewed Working Drawings, marked as above, at the require more space than that shown on the Contract site at all times. Drawings,the Contractor shall obtain such space at no additional cost to the Owner. GC3.03 Right of the Contract Admk*;Mor to Modify Methods 03) The Contractor shall not enter upon or OCCUPY and Equipment any private property for any purpose, unless the Contractor has received prior written permission from 01) The Contractor shall,when requested in writing, the property owner. OPS General Conditions of Contract 11 GC3.07 Extension of Contract Time weather, the Contractor shall, with the Contractor's application,submit evidence from Environment Canada 01) An application for an extension of Contract Time in support of such appfiMion. Extension of Contract shall be made in writing by the Contractor to the Time will be granted in accordance with subsection Contract Administrator as soon as the need for such GC3.07, Extension of Contract Time. ' extension becomes evident and at least 15 days prior to the expiration of the Contract Time. The application 02) If the Work is delayed by labour disputes, for an extension of Contract Time shall enumerate the strikes or lock-outs - including lock-outs decreed or reasons, and state the length of extension required. recommended to its members by a recognized contractor's association, of which the Contractor is a 02) Circumstances suitable for consideration include member or to which the Contractor is otherwise bound the following: -which are beyond the Contractor's control, then the Contract Time shall be extended In accordance with (a) Delays; See subsection GC3.08. subsection GC3.07.Extension of Contract Time. In no (b) Changes in the Work;See clause G03.1 1.01. case shall the extension of Contract Time be less than (c) Extra Work; See clause GC3.11.02. the time lost as the result of the event causing the (d) Additional Work; See clause GC3.11.03. delay, unless a shorter extension,is agreed to by the Contractor. The Contractor shall not be entitled to 03) The Contract Administrator will,in considering an ..payment-for costs incurred as the result of-such delays- application for an extension to the Contract Time,take unless such delays are the result of actions of the into account whether the delays,Changes In the Work, Owner. Extra Work or Additional Work Involve a Controlling Operation. GC3.09 Assignment of Contract ' 04) The Contract Time shalt be extended for such 01) The Contractor shall not assign the Contract, additional time as may be recommended by the either in whole or in part,without the written consent of Contract Administrator and deemed fair and reasonable the Owner. by the Owner. 05) The terms and conditions of the Contract shall GC3.10 Subcontracting by the continue for such extension of Contract Time. Contractor GC3.08 Delays 01) The Contractor may subcontract any part of the Work, subject to these General Conditions and any 01) If the Contractor is delayed in the performance limitations established by the Owner. of the Work by 02) The Contractor shall notify the Contract (a) war, blockades, and civil commotions, errors in Administrator,in writing,of the intention to subcontract. the Contract Documents; an ad or omission of Such notification shall Identify the part of the Work,and the Owner, Contract Administrator, other the Subcontractor with:whomA is intended. contractors,or anyone employed or engaged by them directly or indirectly, contrary to the 03) The Contract Administrator will,within 10 days provisions of the Contract.Documents; or of receipt of such notification, accept.or reject the intended Subcontractor. The rejection wilt be in writing (b) a stop work order issued by a court or public and will include the reasons for the rejection. authority, provided that such order was not Issued as the result of an act or omission of the 04) The Contractor shall not, without the written Contractor or anyone employed or engaged by consent of the Owner, change a Subcontractor who the Contractor directly or indirectly; or has been engaged in accordance with this General Condition. (c) the Contract Administrator giving notice under subsection GC7.09, Suspension of Work; or 05) The Contractor shall preserve and protect the rights of the parties under the Contract with respect to (d) abnormal Inclement weather; the work to be performed under subcontract and shall then the Contractor shall be reimbursed by the Owner (a) enter into agreements with the intended for reasonable costs incurred by the Contractor as the Subcontractors to require them to perform their result of such delay, provided that In the case of an work in accordance with the Contract application for an extension due to abnormal inclement Documents; and OPS General Conditions of Contract 12 a (b) be as fully responsible to the Owner for acts and Disputes or payment may be made according to the omissions of the Contractor's Subcontractors conditions contained in clause GC8.02.04,Payment on and of persons directly or indirectly employed a Time and Material Basis. by them as for acts and omissions of persons directly employed by the Contractor. GC3.11.03 Adddionai Work 06) Neither a subcontracting, nor the Owner's 01) The Owner,or Contract Administrator where so consent to a subcontracting by the Contractor,shall be authorized, may request the Contractor to perform construed to relieve the Contractor from any obligation Additional Work without invalidating the Contract. if the under the Contract or to impose any liability upon the Contractor agrees to perform Additional Work, the Owner. Nothing contained in the Contract Documents Cnntractor shall proceed with such work upon receipt shall create a contractual relationship between a of a Change Order. Subcontractor and the Owner. 02) The Contractor may apply for an extension of GC3.11 Changes in the Work, Extra Contract Time according to the temps of subsection Work and Additional Work GC3.07, Extension of Contract Time. GC3.11.01 Changes in the Work 03) Payment .for _the...Additional Work may. be negotiated pursuant to subsection GC3.14, Claims, ' 01) The Owner,or the Contract Administrator where Negotiations, Disputes, or payment may be made so authorized,may, by order in writing,make Changes according to the conditions contained In clause in the Work without invalidating the Contract. The GC8.02.04, Payment on a Time and Material Basis. ' Contractor shall not be required to proceed with a change in the Work until in receipt of a Change Order. GC3.12 Notices Upon the receipt of such written order the Contractor shall proceed with the work. 01) Any notice permitted or required to be given to ' the Contract Administrator or the Superintendent in 02) The Contractor may apply for an extension of respect of the Work shall be deemed to have been Contract Time according to the terms of subsection given to and received by the addressee on the date of GC3.07, Extension of Contract Time. delivery f delivered ry by hand or by facsimile � transmission and on the fifth day after the date of 03) If the Changes in the Work relate solely to mailing If sent by mail. quantities, payment for the work will be made ' according to the conditions specified in clause 02) The Contractor and the Owner shall provide GC8.01.02, Variations in Tender Ouantities. If the each other with the mailing addresses, telephone Changes in the Work do not solely relate to quantities, numbers and facsimile terminal numbers for the payment may be negotiated pursuant to subsection Contract Administrator and the Superintendent at the GC3.14, Claims, Negotiations, Disputes or payment commencement of the Work. may be made according to the conditions contained in clause GC8.02.04, Payment on a Time and Material 03) In the event of an emergency situation or other I Basis. urgent matter the Contract Administrator or the Superintendent may give a verbal notice,provided that such notice is confirmed in writing. GC3.11.02 Extra Work ' 04) Any notice permitted or required to be given to 01) The Owner, or Contract Administrator where so the Owner or the Contractor shall be given in authorized, may instruct the Contractor to perform accordance with the notice provision of the Agreement. Extra Work without Invalidating the Contract. The ' Contractor shall not be required to proceed with the GC3.13 Use and Occupancy of the Work Extra Work until In receipt of a Change Order. Upon Prior to Substantial Performance receipt of the written order the Contractor shall proceed with the Work. 01) Where It is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy 02) The Contractor may apply for an extension of the Work or any part thereof prior to substantial Contract Time according to the terms of subsection performance, provided that at least 30 days written GC3.07, Extension of Contract Time. notice has been given to the Contractor. 03) Payment for the Extra Work may be negotiated 02) The use or occupancy of the Work or any part ) pursuant to subsection GC3.14.Claims,Negotiations, thereof by the Owner prix to substantial performance OPS General Conditions of Contract ' 13 shall not constitute an acceptance of the Work or parts Material basis in accordance with clause GCS 02.04, ' so occupied. In addition,the use or occupancy of the Payment on a Time and Material Basis, the dispute Work shag not relieve the Contractor or the may be resolved as described In clause GC3.14.05, Contractor's Surety from any liability that has arisen,or Disputes. may arise, from the performance of the Work In ' accordance with the Contract Documents. The Owner GC3.14.03 Continuance of the Work will be responsible for any damage that occurs because of the Owner's use or occupancy. Such use 01) The Contract Administrator will give such or occupancy of any part of the Work by the Owner instructions as are necessary for continuation of the does riot waive the Owner's right to charge the Work to prevent any delays. It Is understood that by Contractor liquidated damages in accordance with the so doing neither party to the Contract will jeopardize terms of the Contract any claim it may have. ' GC3.14 Claims, Negotiations, Disputes GC3.14.04 Record Keeping GC3.14.01 Claims Procedure ' 01) immediately upon commencing work which 01) The Contractor_shall..give..�oraLAotim..of.any . .. ::.may result in a claim;the.Contractoushalllkeep.Daily situation which may lead•to a claim-for-additional Work Records,4uring'the.course of the work,sufficient payment immediately upon becoming aware of the to substantiate the Contractor's claim,and the Contract situation. Administrator will keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance 02) The Contractor shag provide written notice in the with clause GC8.02.07, Records. standard form'Notice of Intent to Claim"within 7 days of the commencement of any work which may be 02) The Contractor and the Contract Administrator affected by the situation. shall reconcile their respective Daily Work Records on a weekly basis, to simplify review of the claim, when 03) The Contractor shag submit claims not later than submitted. 30 days-in exceptional cases this may be increased to a maximum of 180 days, but subject to approval in 03) The keeping of Daily Work Records by the writing from the Contract Administrator-after the date Contract Administrator or the reconciling of such Daily of substantial performance,identifying the gem or items Work Records wkh.those of the Contractor shall not be. in respect of which the claim arises, stating the construed to be acceptance of the claim. grounds upon which the claim Is made and submitting the records maintained by the Contractor supporting GC3.14.05 Disputes such claim. 01) Disputes may be settled by procedures already 04) The Contract Administrator may request the established by the Owner or where both parties agree, Contractor to submit such further-and other particulars a dispute may be submitted to arbitration In as the Contract Administrator considers necessary to accordance with the provisions;of subsection GC3.15, assess the claim and the Contractor shall submit the Engineering Arbitration Where both parties cannot requested Information within 30 days, agree, then.the appropriate.judicial tribunal may be used. 05) Within 60 days of receipt of the detailed claim, and all supporting documentation, the Contract GC3.14.06 Payment Administrator will advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the 01) Payment of the claim will be made not later than validity of the claim. 30 days after the date of resolution of the claim or dispute. Such payment will be made according to the ' GC3.14.02 Negotiations terms of Section.GC8. Measurement and Payment. 01) Should the Contractor disagree with the opinion GC3.14.07 Rights of Bath Parties given in paragraph 05) of clause GC3.14.01, Claims Procedure, with respect to any part of the claim, the 01) it is agreed that no action taken under this Contract Administrator will enter into negotiations with subsection by either party shall be construed as a the Contractor to resolve the matters in dispute. Where renunciation or waiver of any of the rights or recourses a negotiated settlement cannot be reached and it is available to the parties,provided that the requirements agreed that payment cannot be made on a Time and set out in this subsection are fulfilled. iOP General Conditions of Contract ' 14 GC3.15 Engineering Arbitration the Contract nor in either party's business and shall not be employed by either party. GC3.15.01 The Corxfdrons for Engineering ' Arbitration 04) The decisions of two arbitrators shall bind the third. Where there Is no agreement between two 01) The following conditions must be established arbitrators the decision of the chairman will be final. before an arbitration can proceed: ' 05) The board may appoint experts to assist It. (a) A dispute between the parties must exist; 06) The board is not bound by the rules of (b) The parties must agree to refer the dispute for evidence which govern the trial of cases In court but decision according to the procedure following; may hear and consider any evidence which it and considers relevant. (c) The parties must._agree to be_bound by the GC3.15.04 casts award of the arbitrators. 01) Each.party shall pay.the-cost_of its appointee. GC3.15.02 Arbitration Procedure ' 02) The fee for the chairman will be shared equally. 01) The following provisions are to be included in the agreement to arbitrate and are subject only to such 03) The fees of any experts appointed to assist the right of appeal as exist where the arbitrators have board shall be shared equally. ' exceeded their jurisdiction or have otherwise disqualified themselves: 04) The fees of any other person(s) appointed to assist the board will be shared equally. ' (a) All existing actions in respect of the matters under arbitration will be stayed pending 05) The Owner will provide accommodation for the arbitration; hearing in the Owner's facilities, and where this is not possible,will share in the cost of obtaining appropriate (b) All outstanding claims and matters to be settled facilities. are to be set out in a schedule to the agreement. Only such claims and matters as are in the 06) The board will have no power to award costs schedule will be arbitrated; and except where one of the parties fails to attend a hearing and it is necessary to adjourn until another (c) Before proceeding with the arbitration, the date. In such case,the board may require the absent Contractor shall confirm that all matters in party to bear the costs of the adjourned hearing. dispute are set out in the schedule. GC3.15.03 Form and Appointment of GC3.15.05 The Award Arbitration Hoard ' 01) The award will be made within 90 days of the 01) The board shall be...composed.. of three conclusion of the hearing unless the board extends the arbitrators: time for making the award. The time shall not be extended beyond 180 days from the date of the ' (a) one appointed by the Contractor; appointment without the consent of both parties. (b) one appointed by the Owner; and Where the award I,4 not made within these time limits (c) one to be appointed by the first two and who the parties may proceed to court or continue their ' shall act as chairman. existing actions. 02) A sole arbitrator may adjudicate the dispute where expressly agreed by the Contractor and Owner. GC3.15.06 Hearing 01) The hearing will commence within 90 days of 03) Appointees shall riot be Interested financially In the appointment of the chairman. 1 l OPS General Conditions of Contract r 15 SECTION GC4 OWNER'S RESPONSIBILITIES AND RIGHTS August 1990 r GC4.01 Working Area the default within 5 Working Days. r01) The Owner will acquire all property rights which GC4.06 Contractors Right to Correct a are deemed necessary by the Owner for the Default ' construction of the Work including temporary working easements and will indicate the full extent of the 01) The Contractor shall have the.right within the 5 Working Area on the Contract Drawings. full Working Days following the receipt of a notice of default to correct the default and provide the Owner r GC4.02 Management and Disposition of with satisfactory proof that appropriate corrective . Materials measures have been taken. 01) The Owner will identify in the Contract Document 02) If the correction of the default cannot be r the materials to be moved within ouremoved from the —;completed •Within.the 5:full Working,Days following Working Area, and ..any- characteristics :.of _those receipt of the notice.the Contractor shall:not-be in- materials which will necessitate special materials default if the Contractor ' management and disposition. (a) commences the correction of the default within 02) The Owner will be responsible for any additional the 5 full Working Days following receipt of the costs of removing,management and disposition of any notice; material not Identified in the Contract Documents, or where conditions exist that could not have been (b) provides the Owner with an acceptable reasonably foreseen at the time of tendering. schedule for the progress of such correction; and r GC4.03 Construction Affecting Railway Property (c) completes the correction in accordance with such schedule. r 01) The Owner will pay the costs of all flagging and other traffic control measures required and provided by GC4.07 Owners Right to Correct Default the railway company. 01) If the Contractor fails to correct the default r within the time specked in subsection GC4.06, GC4.04 Default by the Contractor Contractor's Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other 01) The Contractor shall be in default of the Contract right or remedy the Owner may have,may correct such r if default and deduct the cost thereof,as certified by the . Contract Administrator; from--any payment then or (a) the Contractor fails to commence the Work or thereafter due to the Contractor. ' execute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree; or GC4.08 Termination of Contractor's Right to Continue the Work ' (b) If the.Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors 01) Where the Contractor fails to correct a default because of insolvency or if a receiver is within the time specified in subsection GC4.06, appointed because of insolvency. Contractors Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other GC4.05 Notification of Default right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or 01) The Owner will give written notice of a default to in part by giving written notice to the Contractor. the Contractor as soon as the Owner becomes aware of the alleged default but failure to give such notice in 02) If the Owner terminates the Contractor's right to a timely.way shalt not constitute condonation of the continue with the Work in whole or in part,the Owner default. The notice will include instructions to correct will be entitled to r OPS General Conditions of Contract r ' 16 (a) take possession of the Working Area or that withheld from the Contractor under subsection GC4.08, portion of the Working Area devoted to that part Termination of the Contractor's Right to Continue the of the Work terminated; Work,the Owner will pay the balance to the Contractor as soon as the final accounting for the Contract is (b) utilize the Contractor's Equipment and any complete. Material within the Working Area which is intended to be incorporated into the Work, the whole subject to the right of third parties; GC4.10 Termination of the Contract (c) withhold further payments to the Contractor with 01) Where the Contractor is in default of the respect to the Work or the portion of the Work Contract the Owner may,without prejudice to any other r withdrawn from the Contractor until the Work or right or remedy the Owner may have, terminate the portion thereof withdrawn is completed; Contract by giving written notice of termination to the Contractor, the Surety and any trustee or receiver ' (d) charge the Contractor•the additional cost over . . acting on behalf of the Contractor's estate or creditors. the contract price of completing the Work or Portion thereof withdrawn from the.Contractor, as certified by the Contract Administrator and 02) If the Owner elects to terminate the Contract the r any additional compensation paid to the Owner will provide the Contractor and the trustee or Contract Administrator for such additional receiver with a complete accounting to the date of ' service arising from the correction of the default; termination. ' (e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator,to GC4.11 Continuation of Contractors cover correction to the Work performed by the Oct' ' Contractor that may be required under subsection GC7.15,Warranty; 01) The Contractor's obligation under the Contract as to quality, correction and warranty of the Work (f) charge the Contractor for any damages the performed prior to the time of termination of the r Owner may have sustained as a result of the Contract or termination of the Contractor's right to 1 default; and continue with the Work In whole or In part shall (g) charge the Contractor the amount by which the continue to be in force after such termination. cost of corrections to the Work under subsection GC7.15, Warranty, exceeds the GC4.12 Use of Pedonnance Bond allowance provided for such corrections. 01) If the Contractor is in default of the Contract and GC4.09 FItal Payment to Contractor the Contractor has provided a Performance Bond,the Provisions of this Section shall be exercised in 01) If the Owner's cost to correct and complete the accordance with the conditions of the Performance ' Work U whole or In part Is less than the amount Bond. ? r r 1 i i OPS General Conditions of Contract 17 SECTION GC5 MATERIAL August 1990 GC5.01 Supply or Materhd work site expeditiously after the notification to that effect from the Contract Administrator. Where the 01) AN Material necessary for the proper completion Contractor fails to comply with such notice the of the Work,except that fisted as being supplied by the Contract Administrator may cause the rejected Material Owner, shall be supplied by the Contractor. The to be removed from the site and disposed of in what contract prices for the appropriate tender items shall be the Contract Administrator considers to be the most deemed to Include full compensation for the supply of appropriate manner and the Contractor shall pay the such Material. costs of disposal and the appropriate. overhead charges. ' GC5.02 Ouardy of Material GC5.04 Substitutions 01) Ali Material provided by the Contractor shall be new. 01) Where the specifications require the Contractor to supply a Material designated by a trade or other 02) Material supplied. by .the...:Contractor...shall name, the tender shalt be based only upon supply of conform to the requirements of the Contract. the Material so designated,•which shall be regarded as the standard of quality required by the specification. 03) As specked or as requested by the Contract After the acceptance of a tender, the Contractor may Administrator, the Contractor shall make available for apply to the Contract Administrator to substitute ' inspection or testing a sample of any Material to be another Material Identified by a different trade or other provided by the Contractor. name for the Material designated as aforesaid. The application shall be In writing and shall state the price 04) The Contractor shall obtain. for the Contract for the proposed substitute Material designated as Administrator the right to enter upon the premises of aforesaid, and such other information as the Contract the Material manufacturer or supplier to carry out such Administrator may require. Inspection, sampling and testing as speed or as requested by the Contract Administrator. 02) Rulings on a proposed substitution will not be ' made prior to the acceptance of a tender. 05) The Contractor shall notify the Contract Substitutions shall not be made without the prior Administrator of the sources of supply sufficiently In approval of the Contract Administrator. The approval advance of the Material shipping dates to enable the or rejection of a proposed substitution will be made at ' Contract Administrator to perform the required the discretion of the Contract Administrator.` Inspection, sampling and testing. .03) If the proposed substitution is approved by the ' 06) The Owner will not be responsible for any delays Contract Administrator,the Contractor shall be entitled to the Contractor's operations where the Contractor to the first $1000.of the-:aggregate saving In cost by fails to give sufficient advance notice to the Contract reason of such substitution and to 50% of any Administrator to enable the Contract Administrator to additional saving in cost-in--excess:of such $1000. carry out the required inspection,sampling and testing Each, such approval� shall be conveyed to the before the scheduled shipping dates. Contractor in writing or by Issuance of a Certificate of Equality on the Owner's standard form of'Certification 07) The Contractor shall not change the source of of Equality'and if any adjustment to the contract price ' supply of any Material without the written authorization Is made by reason of such substitution a Contract of the Contract Administrator. Change Order shall be issued as well. 08) Material which is not specified shall be of a GC5.05 Owner Supplied Material quality best suited to the purpose required and the use of such Material shall be subject to the approval of the G05.05.01 Ordering of Excess Material Contract Administrator. 01) Where Material is supplied by the Owner and where this Material Is ordered by the Contractor In GC5.03 Rejected Material excess of the amount specified to complete the Work, such excess Material shall become the property of the 01) Rejected Material shall be removed from the Contractor on completion of the Work and shall be OPS General Conditions of Contract 18 ' charged to the Contractor at cost plus applicable 04) The full amount of Material supplied by the overheads. Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the ' GCS.05.02 Care of Material Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract 01) The Contractor shall, in advance of receipt of Administrator,be used by the Contractor for purposes shipments of Material supplied by the Owner,provide other than the performance of the Work under the ' adequate and proper storage facilities acceptable to Contract. the Contract Administrator, and on the receipt of such Material shall promptly place it in storage except where it is to be incorporated forthwith into the Work. 05) Empty reels,crates,containers and other types of packaging from Material supplied by the Owner shall 02) The Contractor shall be responsible for become the property of the Contractor when they are acceptance of Material supplied by the Owner, at the no longer required for their original purpose and shall specified delivery point and.,for its safe handling and be disposed of by the Contractor unless otherwise storage. if such Material is damaged while under the specked in the Contract°Documents: control of the Contractor it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. 06) The Contractor shall provide the Contract If such Material is rejected by the Contract Administrator, immediately upon receipt of each i Administrator for reasons which are not the fault of the shipment, copies of bills of lading, or such other Contractor it shall remain in the care and at the risk of documentation the Contract Administrator may require the Contractor until its disposition has been determined to substantiate and reconcile the quantities of Material by the Contract Administrator, received. 03) Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where 07) Where Material supplied by the Owner Is there are discrepancies between the quantities received ordered and stockpiled prior to the award of the and the quantities shown on the bills of lading, the Contract, the Contractor shall, at no extra cost to the ' Contractor shall Immediately report such damage or Owner, immediately upon commencement of ; discrepancies to the Contract Administrator who shall operations, check the Material, report any damage or ' arrange for an Immediate Inspection of the shipment deficiencies to the Contract Administrator and take and provide the Contractor with a written release from charge of the Material at the stockpile site. Where ' responsibility for such damage or deficiencies. Where damage or deficiencies are not so recorded by.the damage or deficiencies are not so reported it will be Contractor it shall be assumed that the stockpile was assumed that the shipment arrived in good order and in good order when the Contractor took charge of it any damage or deficiencies reported thereafter shall be and any damage or deficiencies reported thereafter ' made good by the Contractor at no extra cost to the shall be made good by the Contractor at no extra cost Owner. to the Owner. OPS General Conditions of Contract 19 SECTION G06 INSURANCE, PROTECTION AND DAMAGE August 1990 /I 606.01 Protection of Work,Persons the failure to perform the Work, provided such clans ' and Property are 01) The Contractor, the Contractor's agents and all (a) attributable to bodily Injury, sickness, disease, workers employed by or under the control of the or death or to damage to or destruction of Contractor, including Subcontractors,shall protect the tangible property; Work, persons and property from damage or injury, and shall be responsible for all losses and damage (b) caused by negligent acts or omissions of the ' which may arise as the result of the Contractor's Contractor or anyone for whose acts the operations under the Contract unless indicated to the Contractor may be liable; and contrary below. (c) made in writing within a period of 6 years from 02) The Contractor.is responsible for-the full cost of the date of.Substantial Performance of the Work any necessary._..temporary_, provisions and :the . as set out-in the -Certificate of Substantial - restoration of all damage, where the Contractor Performance of the Work or,where so specified damages the Work or property in the performance of in the Contract from the date of certification of the Contract. If the Contractor is not responsible for Final Acceptance. the damage that occurs to the Work or property the Contractor shall restore such damage,and such work 02) The Contractor shall Indemnify and hold ' shall be administered according to these General harmless the Owner from all and every claim for Conditions. damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the 03) The Contractor shall immediately inform the Contractor in connection with work performed or ' Contract Administrator of all damage and injuries which material furnished by the Contractor under the occur during the term of the Contract. Contract. 04) The Contractor shall not be responsible for loss 03) The Owner expressly waives the right to ' and damage that occurs as a result of Indemnity for claims other than those stated above In paragraphs 01) &02). (a) war; (b) blockades and civil commotion; 04) The Owner shall indemnity and hold harmless ' (c) errors in the Contract Documents; the Contractor, his agents, officers and `employees (d)- acts or omissions of the Owner, the from and against all claims, demands, losses, Contract Administrator, their agents and expenses, costs, damages, actions, suits, or employees, or others not under the proceedings arising out of the Contractor's control of the Contractor, but within the performance of the Contract which are attributable to a Working Area with the Owner's lack of or defect in title or.an alleged lack of or defect permission. in title to the Working Area. 05) The Contractor and his Surety or Sureties will not 05) The Contractor expressly waives the right to be released from any term or provision of any indemnity for claims other than those stated above in ' responsibility, obligation or liability under the Contract paragraph 04). or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. GC6.03 Contractors Insurance ' GC6.02 Indemnification GC6.03.01 General 01) The Contractor shall indemnity and hold 01) Without restricting the generality of subsection harmless the Owner and the Contract Administrator, GC6.02;Indemnification.the Contractor shall provide, their agents,officers and employees from and against maintain and pay for the Insurance coverages listed in all claims, demands, losses, expenses, costs, this General Condition under clauses GC6.03.02 and damages, action, suits or proceedings by third .03. Insurance coverage in clauses GC6.03.04,.05 and Parties,hereinafter called"claims%directly or indirectly .06 will only apply when so specified in the Contract arising or alleged to arise out of the performance of or Documents. OPS General Conditions of Contract 20 1 GC6.03.02 General Uabllty Insurance licensed vehicles shall have limits of not less than 5 million dollars Inclusive per occurrence for bodily 01) General liability insurance shall be In the joint injury,death and damage to property, In the following names of the Contractor,the Owner, and the Contract forms endorsed to provide the Owner with not less Administrator with limits of not less than 5 million than 30 days' written notice in advance of any dollars inclusive per occurrence for bodily injury,death, cancellation, change or amendment restricting and damage to property including loss of use thereof, coverage: with a property damage deductible of not more than $5000. The form of this insurance shall be the (a) standard non-owned automobile policy Insurance Bureau of Canada Form IBC 2100, dated Including standard contractual liability 8-87. endorsement; and 02) Another form of insurance equal to or better than (b) standard owner's form automobile policy that required in IBC Form 2100 may be used,provided providing third party liability and accident all the requirements listed in the Contract are-included. benefits Insurance and covering licensed Approval of this insurance wili:be conditional-upon the vehicles owned or operated by the Contractor. Contractor obtaining the services of a recognized Insurance Consultant and obtaining the Consultant's certificate of equivalency to the required insurance. GC6.03.04 Aircraft and Watercraft Lk"Tity Insurance 1 03) The Insurance shall be maintained continuously from the commencement of the Work until 12 months 01) Aircraft and watercraft liability Insurance with following the date of substantial performance of the respect to owned or non-owned aircraft and watercraft Work, as set out in the certificate of Substantial if used directly or indirectly in the performance of the Performance of the Work,or until the certificate of Final Work, including use of additional premises, shall be Acceptance of the Work is issued, whichever is the subject to limits of not less than 5 million dollars later, and with respect to completed operations inclusive per occurrence for bodily injury, death, and coverage for a period of not less than 24 months from damage to property including loss of use thereof, and the date of Final Acceptance of the Work as set out In limits of not less than 5 million dollars for aircraft the certificate of Final Acceptance of the Work, and passenger hazard. Such insurance shall be in a form thereafter to be maintained for a further period of 4 acceptable to the Owner. The policies shall be years. endorsed to provide the Owner with not less than 30 days'written notice in advance of cancellation,change 04) The Contractor shall submit annually to the or amendment restricting coverage. Owner, proof of continuation of the completed operations coverage and failure of the Contractor to do GC6.03.05 Property and Boller Insurance so will result in the cancellation by the Owner of the limit of the Contractor's indemnification under GC6.03.05.01 Property Insurance paragraph 01) (c) of subsection GC6.02. Indemnification. 01) All risks property insurance shall be in the joint names of the Contractor,the Owner and the Contract 05) Should the Contractor decide not to employ Administrator, insuring not less than_the sum of the Subcontractors for operations requiring the use of amount of the Contract Price and the full value,as may explosives for blasting,or pile driving or caisson work, be stated in the Supplemental General Conditions, of or removal or weakening of support of property Material that is specified to be provided by the Owner building or land, IBC Form 2100 as required shall for incorporation into the Work, with a deductible not Include the appropriate endorsements. exceeding 1%of the amount insured at the site of the Work. This insurance shall be in a form acceptable to 06) The policies shall be endorsed to provide the the Owner and shall be maintained continuously until Owner with not less than 30 days written notice In 10 days after the date of Final Acceptance of the Work, advance of cancellation, change or amendment as set out in the certificate of Final Acceptance of the ' restricting coverage. Work. 07) 'Claims Made' insurance policies will not be GC6.03.05.02 Boller Insurance permitted. 01) Boiler insurance insuring the Interests of the GC6.03.03 Automobile Llabl ly Insurance Contractor,the Owner and the Corti M Administrator for not less than the replacement value of bolers and Ot) Automobile liability insurance In respect of pressure vessels forming part of the work,anal be to OPS General Conditions of Contract . 21 a form acceptable to the Owner. This Insurance shall responsibility by the terms of this Contract. be maintained continuously from commencement of use or operation of the property insured until 10 days 03) In the event of loss or damage to the Work meter the date of Final Acceptance of the Work, as set arising from the action of others,the Owner shall pay out In the certificate of Final Acceptance of the Work. the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance GC6.03.05.03 Use and Occupancy of the Work with the requirements of Section GC8, Measurement Prior to Completion and Payment. 01) Should the Owner wish to use or occupy part or GC6.03.06 Contractors'Equiprtx" all of the Work prior to substantial performance, the Insurance Owner will give 30 days, written notice to the Contractor of the untended purpose and extent of such 01) All risks Contractors' equipment insurance use or occupancy. Prior to such use or occupancy the covering construction machinery and equipment used Contractor shall notify the Owner in writing of the by the Contractor for the performance of the Work, additional premium cost, If any, to maintain property including boiler insurance on temporary boilers and and boiler insurance,-which,shall be:at..the Owner's :pressure vessels,shall be in-a,form,acceptable-to the expense. If because.of_such use_.ovoccupancy the Owner and shall not allow subrogation claims by-the Contractor is unable to..provide coverage,.the..Owner. Insurer against the Owner: - The policies shall be.. U pon written notice from the Contractor and prior to endorsed to-provider the Owner with not less than 30 such use or occupancy shall provide,maintain and pay days'written notice in advance of cancellation,change for property and boiler insurance insuring the full value or amendment restricting coverage. Subject to of the Work, including coverage for such use or satisfactory proof of financial capability by the occupancy,and shall provide the Contractor with proof Contractor for self-insurance of the Contractor's of such insurance. The Contractor shall refund to the equipment, the Owner agrees to waive the equipment Owner the unearned premiums applicable to the insurance requirement, and for the purpose of this Contractor's policies upon termination of coverage. Contract, the Contractor shall be deemed to be insured. This policy-shall be amended to provide 02) The policies shall provide that,in the event of a permission for the Contractor to grant prior releases loss or damage, payment shall be made to the Owner with respect to damage to the Contractor's equipment. and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the GC6.03.07 Insurance Requirements and Owner and the Contractor for the purpose of adjusting Duration the amount of such loss or damage payment with the ' Insurers. When the extent of the loss or damage is 01) Unless specified otherwise the duration of each determined the Contractor shall proceed to restore the insurance policy shall be from the date of Work. Loss or damage shall not affect the rights and commencement of the Work until 10 days after the obligations of either party under the Contract except date of Final Acceptance of the Work,as set out in the that the Contractor shall be entitled to such reasonable certificate of Final Acceptance of the Work. extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may 02) The Contractor shall provide the Owner, on a decide in consultation with the Contractor. form acceptabie10 the Owner,proof of Insurance prior to commencement of the Work,and signed by an G06.03.05.04 Payment for Loss..or:Damage. officer of the Contractor and either the underwriter or the broker. 01) The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the 03) The Contractor shall, on request, promptly Contract, the amount at which the Owner's interest in provide the Owner with a certified trice copy of each restoration of the Work has been appraised, such insurance policy exclusive of information pertaining to amount to be paid as the restoration of the Work premium or premium bases used by the insurer to proceeds and in accordance with the requirements of determine the cost of the insurance. The certified true Section GC8, Measurement and Payment. In addition copy shall Include a signature by an officer of the the Contractor shall be entitled to receive from the Contractor and in addition,a signature by an officer of payments made by the Insurer the amount of the the insurer or the underwriter or the broker. Contractor's interest in the restoration of the Work. 04) Where a policy Is renewed the Contractor shall 02) The Contractor shall be responsible for provide the Owner,on a form acceptable to the Owner, deductible amounts under the policies except where renewed proof of insurance immediately following such amounts may be excluded from the Contractor's completion of renewal. ' OPS General Conditions of Contract 22 l 05) Unless specified otherwise the Contractor shall reimbursement of such costs the Owner may deduct be responsible for the payment of deductible amounts the costs thereof from monies which are due or may under the policies. become due to the Contractor. 06) If the Contractor fails to provide or maintain GC6.04 Bonding Insurance as required In this General Condition or elsewhere in the Contract Documents,then the Owner 01) The Contractor shall provide the Owner with the ' will have the right to provide and maintain such surety bonds in the amount required by the tender insurance and give evidence thereof to the Contractor. documents. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. 02) Such bonds shall be issued by a duly licensed surety company authorized to transact a business of 07) If the Contractor falls to pay the cost of the suretyship in the Province of Ontario and shall be Insurance placed by the Owner within 30 days of the maintained in good standing until the fulfilment of the date on which the Owner made a formal demand for. Contract r 1 1 _ � OPS General Conditions of Contract SE- nON GC7 CONTRACTORS RESPONSIBILITIES AND CONTROL OF THE WORK August 1990 GC7.01 General shall notify the Contract Administrator of the name(s), address(es), position(s) and telephone number(s) of 01) The Contractor warrants that the site of the Work the Contractor's representative(s) who can be has been visited during the preparation of the tender contacted at any time to deal with matters relating to and the character of the Work and all local conditions the Contract which may affect the performance of the Work are known. 08) The Contractor shall,at no additk) l cost to the Owner, furnish all reasonable aid, facilities and - 02) The Contractor shall not commence the Work assistance required by the Contract Administrator for nor deliver anything to the Working Area until the the proper inspection and examination of the Work or Contractor has received a written order to commence the taking of measurements for the purpose of the Work, signed by the Contract Administrator. payment 03) The Contractor shall.have.cornpiete..control of.. .. .........09) The Contractor shall :prepare;-and.update-as.__,._ . ... . .. the work and shall effectively-direct and supervise the required,a.construction schedule indicating the timing work so as to ensure conformity with the Contract of the major and critical activities of the Work The Documents. The Contractor shall be responsible for schedule shall be designed to ensure conformity with construction means, methods,techniques,sequences the speed Contract Time. The schedule shall be and procedures and for coordinating the various parts submitted to the Contract Administrator within 14 days of the Work. from the date of the contract award. 04) The Contractor shall have the sole responsibility 10) Where the Contractor finds any errors, for the design, erection, operation, maintenance and inconsistency or omission relating to the Contract,the removal of temporary structures and other temporary Contractor shall promptly report it to the Contract facilities and the design and execution of construction Administrator and shall not proceed with the activity methods required in their use. affected until receiving direction from the Contract Administrator. 05) Notwithstanding paragraph 04) of subsection GC7.01, General, where the Contract Documents 11) The Contractor shall promptly notify the Include designs for temporary structures and other Contract Administrator in writing if the subsurface temporary facilities or specify a method of construction conditions observed in the Working Area differ In whole or part, such facilities and methods shalt be materially from those indicated in the Contract considered to be part of the design of the Work, and Documents. the Contractor shall not be held responsible for that part of the design or the specified method of 12) The Contractor shall arrange with the construction. The Contractor shall, however, be appropriate utility:_authorities.for the stake out of all responsible for the execution of such design or underground utilities and service connections which specified method of construction in the same.manner. may be affected by the Work.The Contractor shall be that the Contractor is.responsible.for,.the,execution of responsible for any damage done to the underground the Work. utilities by the Contractor's forces during construction N the stake out locations are within the tolerances given 06) The Contractor shall be responsible for in subsection GC2.01, Reliance on Contract construction health and safety within the working areas Documents. The Contractor shall be responsible for and for compliance with the Occupational Health and any damage done to the service connections. Safety Act and Regulations. So as to avoid any misunderstanding as to the extent of the Contractor's responsibility,the Contractor,by executing the Contract GC7.02 Layout unequivocally acknowledges that the Contractor is the Constructor within the meaning of the Act. 01) Prior to commencement of construction, the Contract Administrator and the Contractor will locate on 07) The Contractor shall have an authorized site those property bars, baselines and benchmarks representative gn the site while any work Is being which are necessary to delineate the Working Area and performed, to act for or on the Contractor's behalf. to lay out the Work, all as shown on the Contract Prior to commencement of construction,the Contractor Drawings. OPS General Conditions of Contract 24 02) The Contractor shall be responsible for the GC7.04 EVOM Loafing of Mobs Vehicles Preservation of all property bars while the Work is in Progress, except those property bars which must be 01) Where a vehicle is hauling material for use on ' removed to facilitate the Work. Any property bars the Work, in whole or in part upon a Highway, and disturbed, damaged or removed by the Contractor's where motor vehicle registration Is required for such operations shall be replaced under the supervision of vehicle,the Contractor shall not cause or permit such an Ontario Land Surveyoi, at no extra cost to the vehicle to be loaded beyond the legal limit specified in Owner. the Highway Traffic Act, whether such vehicle is registered In the name of the Contractor or otherwise, 03) At no extra cost to the Owner, the Contractor except where there are designated areas within the shall provide the Contract Administrator with such Working Area where overloading is permitted. The materials and devices as may be necessary to lay out Contractor shall bear the onus of weighing disputed the baseline and benchmarks, and as may be loads. necessary for the Inspection of the Work. 04) The Contractor shall provide..qualified personnel GC7.05 Condition of the Working Area to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the 01) The Contractor shall maintain the Working Area Contract Administrator of any layout work carried out, in a tidy condition and free from the accumulation of so that the same may be checked by the Contract debris,other than that caused by the Owner or others. Administrator. GC7.06 Maintaining Roadways and 05) The Contractor shall install and maintain Detours substantial alignment markers and secondary benchmarks as may be required for the proper 01) Where an existing Roadway is affected by execution of the Work. The Contractor shall supply construction, it shall be kept open to traffic, and the one copy- of all alignment and grade sheets to the Contractor shall, except as otherwise provided in this Contract Administrator. subsection, be responsible for providing and maintaining for the duration of the Work, a road 06) The Contractor shall assume full responsibility through the Work,whether along an existing Highway, i ' for alignment, elevations and dimensions of each and including the road under construction, or on detours all parts of the Work, regardless of whether the within or adjacent to the Highway, in accordance with Contractor's layout work has been checked by the the Manual of Uniform Traffic Control Devices Contract Administrator. (MUTCD). 07) All stakes,marks and reference points provided 02) The Contractor shall not be required to maintain by the Contract Administrator shall be carefully a road through the Working Area until such time as the Preserved by the Contractor. In the case of their Contractor has commenced operations- or during destruction or removal, such stakes, marks and seasonal shut down or on any part of the Contract that reference points will be replaced by the Contract has been accepted in accordance with these General Administrator at no extra cost to the Owner. Conditions. 03) Where localized and separated sections of the GC7.03 Damage by Vehicles or Other Highway only are affected by the Contractor's Equipment operations, the Contractor will not be required to maintain intervening sections of the Highway until such 01) If at any time, in the opinion of the Contract times as these sections are located within the limits of Administrator, damage Is being done or is likely to be the Highway affected by the Contractor's general done to any roadway or any improvement thereon, operations under the Contract. The Contractor shall outside the Working Area, by the Contractor's vehicles not be required to apply deicing chemicals or or other equipment, whether licensed or unlicensed abrasives or carry out snowplowing. equipment,the Contractor shall,on the direction of the Contract Administrator, and at no extra cost to the 04) Where the Contract Document provides for or Owner, make changes or substitutions for such the Contract Administrator requires detours at specific vehicles or equipment, and shalt alter loadings, or in locations,payment for the construction of the detours, some other manner, remove the cause of such and if required, for the subsequent removal of the damage to the satisfaction of the Contract detours, will be made at the Contract prices Administrator. appropriate to such work. OPS General Conditions of Contract 25 05) The Owner will bear the cost of maintaining,in a 02) The Contractor shall provide at all tines and at satisfactory condition for traffic, a road through the no extra cost to the Owner access to fire hydrants,and Working Area. The road through the Work will include water and gas valves located M the Working Area any detour constructed In accordance with the Contract Documents or required by the Contract 03) Where any interruptions in the supply of utility Administrator. Compensation for all labour,equipment services are required and are authorized by the and materials to do this work shall be at the Contract Contract Administrator, the Contractor shall give the prices appropriate to the work and,where there are no affected property owners notice in accordance with such prices,at negotiated prices. Notwithstanding the subsection GC7.11, Notices by the Contractor and foregoing,the cost of blading required to maintain the shall arrange such interruptions so as to create a surface of such roads and detours shall be deemed to minimum of interference to those affected. be included In the prices bid for the various tender items and no additional payment will be made. GC7.08 Approvals and Pe rmits 06) Where work under the Contract Is discontinued for any extended period Including seasonal shutdown, 01) Except as specified in paragraph 02) of this the Contractor shall,m(hen.directed-l*the_.Contract ...subsection, the-Contractor shall obtain any°permits,- Administrator, open.and.:.place_the--roadway. and licenses, and certificates-required,for the-performance detours in a passable, safe and satisfactory condition of the Work which are in force at the date of tender for public travel. closing. 07) Where the Contractor constructs a detour which 02) The Owner will obtain and pay for the is not specifically provided for in the Contract necessary plumbing and building permits. Document, or required by the Contract Administrator, the construction of the detour and, if required, the 03) The Contractor shall arrange for all necessary subsequent removal shall be performed at the inspections. Contractors expense. The detour shall be constructed and maintained to structural and geometric standards GC7.09 Suspension of Work approved by the Contract Administrator. Removal shall be performed as directed by the Contract 01) The Contractor shall, upon written notice from Administrator. the Contract Administrator,discontinue or delay any or all of the Work and work will not be resumed until the 08) Where,with the written approval of the Contract Contract Administrator will, in writing, so direct. Administrator the Highway Is closed and the traffic Delays, In these circumstances, will be administered diverted entirely off the Highway to any other Highway, according to subsection GC3.08, Delays. the Contractor shall, at no extra cost to the Owner, supply and erect traffic control devices in accordance with the MUTCD. GC7.10 Contractors Right to Stop the 09) Compliance with the foregoing provisions shall Work or Terminate The Corttract In no way relieve the Contractor of obligations.under 01) If the Owner is adjudged bankrupt or makes a subsection GC6.01, Protection of.Work,.Persons-and general assignment for the benefit of creditors because Property,dealing with the Contractors responsibility for of insolvency or lt:a receiver Is appointed because'of damage claims, except,for.claims arising on.sections. . insolvency, the Contractor may, without prejudice to of Highway within the Working Area that are being any other right or remedy the Contractor may have,by maintained by others. giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. GC7.07 Access to Properties Adjoining the Work and Interruption of 02) If the Work is stopped or otherwise delayed for Utility Services a period of 30 days or more under an order of a court or other public authority and provided that such order 01) The Contractor shall provide at all times, and at was not issued as the result of an act or fault of the no extra cost to the Owner Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without (a) adequate prejudice to any other right or remedy the Contractor q pedestrian and vehicular access; and may have,by giving the Owner written notice,terminate the Contract. (b) continuity of utility services to properties adjoining the Working Area. 03) The Contractor may notify the Owner in writing, ' OPS General Conditions of Contract 26 1 with a copy to the Contract Administrator, that the not make any claim against the Owner for any loss, Owner is in default of contractual obligations if damage or expense occasioned thereby. i (a) the Contract Administrator fails to issue 02) Where the obstruction Is an underground utility certificates in accordance with the provisions of such as a telephone cable, watermain, gas main or Section GC8, Measurement and Payment; sewer or other man-made object,the Contractor shall not be required to assume the risks and responsibilities (b) the Owner fails to pay the Contractor;within 30 arising out of such obstruction, unless the location of days of the due date, the amounts certified by the obstruction is shown on the plans or described in the Contract Administrator or awarded by the specifications and the location so shown Is within arbitration or court; or the tolerance specified in paragraph 01)(a) of subsection GC2.01, Reliance on Contract Documents, (c) the Owner violates the requirements of the or unless the presence and location of the obstruction Contract. has otherwise been made known to the Contractor or could have been determined by the visual site 04) The Contractor's written notice to-the.Owner. investigation made by the�Contractor in accordance shall advise that if the default Is not corrected in the 7 with these General Conditions. days immediately following the receipt of the written notice the Contractor may, without prejudice to any 03) During the course of the Contract, it is the other right or remedy the Contractor may have, stop Contractor's responsibility to consult with utility the Work or terminate the Contract. companies or other appropriate authorities for further information in regard to the exact location of these 05) If the Contractor terminates the Contract under utilities,to exercise the necessary care in construction the conditions set out in this subsection,the Contractor operations,and to take such other precautions as are shall be entitled to be paid for all work performed necessary to safeguard the utility from damage. according to the Contract Documents and for any losses or damage as the Contractor may sustain as a GC7.13 Limitations of Operations result of the termination of the Contract. 01) Except for such work as may be required by the GC7.11 Notices by the Contractor Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not 01) Before work is carried out which may affect the carry on operations under the Contract on Sundays property or operations of any Ministry or agency of without permission in writing from the Contract government or arty person, company, partnership or Administrator. corporation, including a municipal corporation or any board or commission thereof, and in addition to such 02) The Contractor shall cooperate with other notices of the commencement of specified operations Contractors,utility companies and the Owner and they as are prescribed elsewhere in the Contract Document, shall be allowed access to their work or plant at all the Contractor shall give at least 48 hours advance reasonable times. written notice of the date of commencement of such work to the person,company,partnership,corporation, board,or commission so affected. GC7.14 Cleaning Up Before Acceptance 02) In the case of damage to, or interference with 01) Upon attaining Substantial Performance of the ' any utilities, pole lines, pipe lines, conduits,farm tiles, Work, the Contractor shall remove surplus materials, or other public or privately owned works or property, tools, construction machinery and equipment not the Contractor shall Immediately notify the Owner and required for the performance of the remaining work. the Contract Administrator of the location and details of The Contractor shall also remove all temporary works such damage or Interference. and debris other than that caused by the Owner, or others and leave the Work and Working Area clean and GC7.12 Obstructions suitable for occupancy by the Owner unless otherwise specified. 01) Except as otherwise noted in these General Condition, the Contractor assumes all the risks and responsibilities arising out of any obstruction 02) The Work shall not be deemed to have reached encountered in the performance of the Work and any Completion until the Contractor has removed surplus traffic conditions. including traffic conditions on any materials, tools, construction machinery and highway or road giving access to the Working Area equipment. The Contractor shall also have removed caused by such Obstructions.and the Contractor shall debris,other than that caused by the Owner,or others. i OPS General Conditions of Contract 27 GC7.15 Wauran(y Performance of the Work, or where there is no Substantial Performance certificate,12 months from the 01) The Contractor shall be responsible for the date of Completion of the Work as set out in the proper performance of the Work only to the extent that Completion Certificate or such longer periods as may the design and specifications permit such performance. be specified for certain materials or work. The contract Administrator will promptly give the Contractor 02) Subject to the previous paragraph the Contractor written notice of observed defects or deficiencies. shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work which appear prior to and during the period of 12 months 03) The Contractor shall correct or pay for damage from the date of Substantial Performance of the Work, resulting from corrections made under the as set out In the Certificate of Substantial requirements of paragraph 02) of this subsection. OPS General Conditions of Contract r r l r r r r l r t r � r r r r OPS General Conditions of Contract 29 SECTION GC8 MEASUREMENT AND PAYMENT August 1990 GC8.01 Measurement (b) in the case of a Major[tern where the quantity of work performed and/or material supplied by GC8.01.01 Quantities the Contractor Is less than 85% of the tender quantity,either party to the Contract may make 01) The Contract Administrator will make an estimate a written request to the other party to negotiate once a month, in writing, of the quantity of work a revised unit price for that portion of the Work performed. The first estimate will be the quantity of the performed and/or material supplied. The work performed since the Contractor commenced the negotiation shall be carried out as soon as Contract, and every subsequent estimate, except the reasonably possible. Any revision of the unit final one, will be of.the quantity of work performed price shall be based on the actual cost of since the preceding estimate was made. The Contract performing the Work and/or supplying the Administrator will provide the copy of each estimate to material under the tender item plus a the Contractor within 10 days of the Cut-Off Date. reasonable allowance for profit and applicable overhead. Aftematively, where both parties 02) Such quantities.for.progress payments-shall be:.. agree, an allowance.equal to 10% of the unit - construed and held to be approximate. . The final price on the amount of the underrun which is quantities for the issuance of the Completion Payment less than 85% of the tender quantity will be Certificate shall be based on the measurement of the paid. work completed. GC8.02 Payment 03) Measurement of the quantities of the work will be either by Actual Field Measurement or by Plan Quantity GC8.02.01 Price for Work principles as Indicated in the Contract. Adjustments to Plan Quantity measurements will normally be made 01) Prices for the Work shall be full compensation using Plan Quantity principles but may, where for all labour, Equipment and Material.required in its appropriate, be made using Actual Field performance. The term "all labour, Equipment and Measurements. Material"shall include Hand Tools,supplies and other incidentals. GC8.01.02 Variations In Tender Quantifies 02) Payment for work not specifically detailed as part of any one item and without specified details of 01). Where it appears that the quantity of work to be payment will be deemed to be Included in the Item(s) done and/or Material to be supplied by the Contractor with which it Is associated. under a unit price tender item will exceed or be less than the tender quantity,the Contractor shall proceed GC8.02.02 Advance Payments for Material ' to do the work and/or supply the material required to complete the tender item and payment will be made for 01) The Owner will make advance payments for the actual amount of work done and/or materials material intended for incorporation in:the Work upon supplied at the unit prices stated in the tender except the written request of the Contractor and according to as provided beknw: the following terms and conditions: - (a) The Contractor shall, in advance of receipt of (a) In the case of a Major Item where the amount of the shipment of the material, arrange for work performed and/or material supplied by the adequate and proper storage facilities and Contractor exceeds the tender quantity by more notify the Contract Administrator of their than 15%,either party to the Contract may make location(s). 1 •written request to the other party to negotiate •revised unit price for that portion of the Work (b) The value of aggregates, processed and performed and/or material supplied which stockpiled, shall be assessed by the following exceeds 115% of the tender quantity. The procedure: negotiation shall be carried out as soon as reasonably possible. Any revision of the unit (i) Sources Other Than Commercial price shall be based on the actual cost of doing the work and/or supplying the material under the (A) Granular W. V and V shall be tender item plus a reasonable allowance for assessed at the rate of 60% of profit and applicable overhead. the contract price. OPS General Conditions of Contract 1 (B) Coarse and fine aggregates for hot mix GC8.01.01, Quantities. ' asphaltic concrete,surface treatment and Portland cement concrete shall be 02) The progress Payment Certificate will show assessed at the rate of 25% of the contract price for each aggregate (a) the quantities of work performed; stockpiled. (b) the value of work performed; 01) Commercial Sources (c) the amount of statutory holdback,liens,owners Payment for separated coarse and fine set-off; and aggregates will be considered, at the above rate, when such materials are (d) the amount due the Contractor. stockpiled at a commercial source where further processing Is to be carried out 03) One copy of the progress Payment Certificate before incorporating such materials into a will be sent to the Contractor. final product. Advance payments for other materials located at a commercial 04) Payment will be made within 30 days of the Cut- source will not be made. off Date. ' (c) Payment for all other materials,unless otherwise ; specified elsewhere in the Contract, shall be GC8.0203.02 Certification of Subcontract based on the invoice price, and the Contractor Completion shall submit proof of cost to the Contract Administrator before payment can be made by .01) Before the Work has reached the stage of the Owner. substantial performance,the Contractor may notify the Contract Administrator, in writing that a subcontract Is ' (d) The payment for all materials shall be prorated completed satisfactorily and ask that the Contract against the appropriate tender item by paying for Administrator certify the completion of the subcontract. sufficient units of the item to cover the value of the material. Such payment shall not exceed 02) The Contract Administrator will Issue a 80% of the Contract price for the item. Certificate of Subcontract Completion N the subcontract has been completed satisfactorily, and all required (e) All materials for which the Contractor wishes to inspection and testing of the works covered by the receive advance payment shall be placed in the subcontract have been carried out and the results are designated storage location immediately upon satisfactory. receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as 03) Within 7 days of the date the subcontract is collateral security for any monies advanced by certified complete the Contract Administrator will give the Owner and for the due completion of the a copy of the certificate to the Contractor and to the Work. The Contractor shall not exercise any act Subcontractor concerned. of ownership inconsistent with such security,or remove any material from the storage locations, except for Inclusion in the Work, without the GC8.02.03.03 Subcontract Statutory Hoklback consent,in writing,of the Contract Administrator. Release Certificate and Payment (f) Such materials shall remain at the risk of the 01) Following receipt of the Certificate of Contractor who shall be responsible for any Subcontract Completion, the Owner will release and loss,damage,theft,improper use or destruction pay the Contractor the statutory holdback retained in of the material however caused. respect of the subcontract. Such release shall be made after 45 days from the date the subcontract was certified complete and providing the Contractor GC8.02.03 Certification and Payment submits the following to the Contract Administrator. GC8.02.(3.01 Progress Payment Certificate (a) a document satisfactory to the Contract 01) The value of the work performed and material Administrator that will release the Owner from supplied will be calculated once a month by the all further claims relating to the subcontract, Contract Administrator in accordance with the Contract qualified by stated exceptbns such as Documents and the quantities described in clause holdback monies; OPS General Conditions of Contract i ' 31 (b) evidence satisfactory to the Contract GC8.02.03.05, Substantial Performance Payment and Administrator that the Subcontractor has Statutory Holdback Release Payment Certificates,shad discharged all incurred liabilities In carrying out commence from the date of publication of the the subcontract; Certificate of Substantial Performance as provided for above. ' (c) a satisfactory clearance certificate or letter from the Workers'Compensation Board relating to the GC8.02.03.05 Substantial Performance subcontract; and Payment and Statutory Holdback Release Payment Certificates (d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory 01) When the Contract Administrator issues the statement showing the total amount due the Certificate of Substantial Performance the Contract Subcontractor from the Contractor. Administrator will also Issue the Substantial Performance Payment Certificate and the Substantial 02) Paragraph(d)will only apply to Lump Sum items Performance Statutory Holdback Release Payment and then only when the Contract Administrator Certificate or where appropriate, a combined payment specifically requests ft. certificate. 03) Upon receipt,.of-the-statutory°holdback,-the - 02) The Substantial- Performance- .Payment Contractor shall forthwith give the Subcontractor the Certificate will show payment due under the subcontract. (a) the value of work performed to the date of 04) Release of statutory holdback by the Owner in Substantial Performance; ' respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their (b) the value of outstanding or incomplete work; responsibilities. (c) the amount of the statutory holdback, allowing GC8.02.03.04 Certification of Substantial for any previous releases of statutory holdback Performance to the Contractor in respect of completed subcontracts and deliveries of pre-selected 01) Upon application by the Contractor and where equipment; the Contract has been substantially performed the Contract Administrator will issue a Certificate of (d) the amount of maintenance security required; Substantial Performance. and 02) The Contract Administrator will set out in the (e) the amount due the Contractor. Certificate of Substantial Performance the date on which the Contract was substantially performed and 03) The Substantial Performance Statutory within 7 days after signing the said certificate the Holdback Release Payment Certificate will be a Contract Administrator will provide a copy to the payment certificate releasing to the Contractor the Contractor. statutory holdback due in respect of work performed up to the date of substantial performance. Payment of 03) Upon receipt of-a:_copy of the Certificate of such statutory holdback-.shall be made after 45-days Substantial Performance,..the.Contractor shall forthwith, from the date of publication_ of the -Certificate of as required by Section 32(1) Paragraph 5 of,the Substantial Performance but subject to the provisions 1 Construction Lien Act, publish a copy of the certificate of the Construction Lien Act and the submission by the in a construction trade newspaper. Such publication Contractor of the following documents: shall include placement in the Daily Commercial News. (a) a release by the Contractor in a form 04) Where the Contractor fails to publish a copy of satisfactory to the Contract Administrator the Certificate of Substantial Performance as required releasing the Owner from all further claims above within 7 days after receiving a copy of the relating to the Contract, qualified by stated certificate signed by the Contract Administrator, the exceptions such as outstanding work or matters Owner may publish a copy of the certificate at the arising out of subsection GC3.14, Claims, Contractor's expense. Negotiations, Disputes; 05) Except as otherwise provided for in Section 31 (b) a statutory declaration in a form satisfactory to of the Construction Lien Act, the 45-day lien period the Contract Administrator that all liabilities prior to the release of holdback as referred to in clause incurred by the Contractor and the Contractor's OPS General Conditions of Contract Subcontractors in carrying out the Contract have (b) a statutory declaration in a form satisfactory to been discharged except for statutory holdbacks the Contract Administrator that all liabilities property retained; incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract (c) a satisfactory Certificate of Clearance from the have been discharged, qualified by stated Workers'Compensation Board; and exceptions where appropriate; and (d) proof of publication of the Certificate of (c) a satisfactory Certificate of Clearance from the Substantial Performance. Workers' Compensation Board. GC8.02.03.06 Certification of Completion GC8.0203.08 interest 1 01) Upon application by the Contractor, and when 01) Interest due the Contractor is based on simple the Contract reaches Completion, the Contract interest and is calculated using the applicable Rates of Administrator will issue a Completion Certificate. Interest. ' 02) The Contract Administrator..wiil.set.out.Jm'the GC8.02.03.09 Interest for late Payment Completion Certificate the date on which the Work was completed and within 7 days of signing the said 01) When the Contractor has complied with the certificate the Contract Administrator will provide a requirements of the Contract and when payment by the copy to the Contractor. Owner to the Contractor for work performed, or for release of statutory holdback,is delayed by the Owner, ' GC8.02.03.07 Completion Payment and then the Contractor shall be entitled to payment for Statutory Holdback Release Work performed at the Rate(s) of Interest from a date Payment Certificates or dates derived from the following: 01) When the Contract Administrator issues the Completion Certificate, the Contract Administrator will (a) Progress Payment: a date 30 days after the also issue the Completion Payment Certificate and the Cut-off Date; Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. (b) Subcontract Completion and Subcontract Statutory Holdback: a date 75 days after the 02) The Completion Payment Certificate will show date the subcontract is certified complete; (a) measurement and value of work at completion; (c) Substantial Performance jand Statutory Holdback: a date 75 days after the date the (b) the amount of the further statutory holdback Certificate of Substantial Performance is based on the value of further work completed p1 published; over and above the value of work completed shown in the Substantial Performance Payment (d) Completion and Holdback: a date 75 days Certificate referred to above; and after the date the Contract is certified complete. (c) the amount due the Contractor. GC8.02.03.10 interest for Negotiations and Claims ' 03) The Completion Statutory Holdback Release Payment Certificate will be a payment certificate 01) Except as hereinafter provided, where a notice releasing to the Contractor the further statutory of negotiation, notice of intent to claim and the holdback. Payment of such statutory holdback shall subsequent claims are submitted in accordance with be made after 45 days from the date of completion of the time limits andlor procedure described by the Work as established by the Completion Certificate subsection GC3.14,Negotiations,Claims,Disputes,the but subject to the provisions of the Construction lien Owner will pay the Contractor the Rate(s)of Interest on Act and the submission by the Contractor of the the amount of the negotiated price for the work or on following documents: the amount of the settled claim. Such interest will not commence until 30 days after the satisfactory (a) a release by the Contractor in a form satisfactory completion of the work. to the Contract Administrator releasing the Owner from all further claims relating to the 02) Where the Contractor does not attempt to Contract qualified by stated exceptions where resolve the negotiation or the claim, in an expeditious ) appropriate; manner, interest shall be negotiable. S General Conditions of Contract 33 03) Where the Contractor fails to give notice of a 'Cost of Materiar means the cost of material ,r claim within the time limit prescribed by subsection purchased, or supplied from stock, and valued at GC3.14, Negotiations. Claims, Disputes, interest shall current market prices. for the purpose of carrying out not be paid. extra work,by the Corrtfadof,Or by others when such arrangements have been made by the Contractor for 04) Where a Contractor falls to comply with the completing the Work, as shown by itemized invoices. 30-day time limit and the procedures prescribed by subsection GC3.14,Negotiations,Claims,Disputes,for "Payroll Burden' means the payments in respect of submission of claims, interest shall not be paid for the Workers'compensation,vacation pay, unemployment delay period insurance, public liability and property damage insurance, sickness and accident Insurance, pension fund and such other welfare and benefit payments GC 8.02.03.11 Owner's Set-off forming part of the Contractor's normal Labour costs and shall include any cost or expense as the Contract 01) Pursuant to Section 12 of the Construction Lien Administrator may approve, which has been incurred Act 1983 - Set-off by Trustee, the Owner may retain by the Contractor for travel, travel time, food, lodging from monies owing to the Contractor.under.this:or any or similar items. ' other contract an amount sufficient to cover any outstanding or disputed.liabilities lncluding,the-cost-to ,.'Rented Equipment" ,means equipment-that isrented remedy deficiencies, the reduction in value of or leased for the special purpose of Work on a Time substandard portions of the Work,claims for damages and Material Basis from a person, firm or corporation by third parties which have not been determined in that is not an associate or affiliate of the lessee as writing by the Contractor's insurer, undetermined defined by the Securities Act, RSO 1980,Chapter 466, claims by the Owner under paragraph (a) of clause and is approved by the Contract Administrator. ' GC 8.01.02, Variations in Tender Quantities, any assessment due the Workers' Compensation Board "Operated Rented Equipment" means Rented and any monies to be paid to the workers in Equipment rented or leased for the special purpose of ' accordance with clause GC8.02.06, Payment of Work on a Time and Material Basis for which an Workers. operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the 02) Under these circumstances the Owner will give operator. the Contractor appropriate notice of such action. 'Road Work" means the preparation, construction, GC&02.03.12 Delay in Payment finishing and construction maintenance of roads, streets, highways and parking lots and includes all ' 01) The Owner shall not be deemed to be in default work incidental thereto other than work on structures. of the Contract provided any delay In payment does not exceed 30 days from the normal due date. "Sewer and Watermain Work" means the*preparation, construction,finishing and construction maintenance of sewer systems and watermain systems, and includes GC 8.0204 Payment on a Time and Material all work incidental thereto other than work on Basis structures. GC&0204.01 Definitions *Standby Time"means any period of time which Is not considered working time and which together with the 01) For the purposes of this clause the following working time does not exceed 10 hours In any one definitions apply: working day and during which time a unit of equipment cannot practically be used on other work but must 'Cost of Labour' means the amount of wages, salary remain on the site in order to continue with its assigned and Payroll Burden paid or Incurred directly by the task and during which time the unit is in fully operable Contractor to or in respect of labour and supervision condition. actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such "Structure Work" means the construction, tabour and supervision, but shall not Include any reconstruction, repair, alteration, remodelling, Payment.or costs incurred for general supervision, renovation or demolition of any bridge,building,tunnel administration or management time spent on the entire or retaining wall and includes the preparation for and Work or any wages,salary or Payroll Burden for which the laying of the foundation of any bridge, building, the Contractor Is compensated by any payment made tunnel or retaining wall and the installation of by the Owner for equipment. equipment and appurtenances Incidental thereto. ' OPS General Conditions of Contract 34 'The 127 Rate"means the rate for a unit of equipment used on each Time and Material project at 120%of the ' as listed in OPSS 127, Schedule of Rental Rates for Cost of the Material up to$3,000,then at 115%of any Construction Equipment Including Model and portion of the Cost of Material in excess of$3,000. Specification Reference,which is current at the time the ' work is carried out or for equipment which is not so GC8.0204.06 Payment for Equipment listed, the rate which has been calculated by the Owner, using the same principles as used in GC8.02.04.06.01 Working Time determining the 127 Rates. 01) The Owner will pay the Contractor for the "Work on a Time and Material Basis'means Changes Working Time of all equipment other than Rented In the Work,Extra Work and Additional Work approved Equipment and Operated Rented Equipment used on by the Contract Administrator for payment on a time the Work on a Time and Material basis at the 127 Rates and material basis. The Work on a Time and Material , with a cost adjustment as follows: Basis shall be subject to all the terms, conditions, specifications and provisions of the Contract. (a) Cost$10,000 or less-no adjustment; "Working Time" means.each.period of time during (b) Cost greater than $10,000 but not exceeding which a unit of equipment-is°actively-and of°necessity $20,000 payment T10,1000 plus 90%"of the engaged on a specific operation and the first 2 hours portion In excess of$10,000; and ' of each immediately following period during which the unit is not so engaged but during which the operation (c) Cost greater than$20,000 -$19,000 plus 80% Is otherwise proceeding and during which time the unit of the portion in excess of$20,000. cannot practically be transferred to other work but must remain on the site in order to continue with its assigned 02) The Owner will pay the Contractor for the tasks and during which time the unit Is in a fully Working Time of Rented Equipment used on the Work operable condition. on a Time and Material Basis at 110% of the invoice ' price approved by the Contract Administrator up to a GC8.02.04.02 Daily Work Records maximum of 110%of the 127 Rate. This constraint will be waived when the Contract Administrator approves 01) .-.Daily Work Records prepared as the.case-may the invoice price prior to the use of the Rented be by either the Contractor's representative or the Equipment. Contract Administrator and reporting the tabour and equipment employed and the material used on each 03) The Owner will pay the Contractor for the Time and Material project, shall be reconciled and Working Time of Operated Rented Equipment use on signed each day by both the Contractor's the Work on a Time and Material Basis at 110%of the representative and the Contract Administrator. Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the ' GC8.02.04.03 Payment for Work equipment on the work on a Time and Material Basis. 01) Payment as herein provided shall be full compensation for all tabour,Equipment and Material to GC8.02.04.06.02 Standby Time do the work on a Time and Material basis except where there is agreement to the contrary. prior to the 01) The Owner will pay the Contractor for Standby commencement of the work on a Time and Material Time of Equipment at 35% of the 127 Rate or 35% of basis. The payment adjustments shall apply to each the invoice price whichever is appropriate. The Owner Individual Change Order authorized by the Contract will pay reasonable costs for Rented Equipment where Administrator. this is necessarily retained in the Work Area for periods extended s GC8.02.04.04 Payment for Labour Administrator. This will include Rented Equipment ' intended for use on other work,but has been Idled due Q!) ,. The Owner will pay the Contractor for labour to the circumstances giving rise to the Work on a Time employed on each Time and Material project at 135% and Material Basis of the Cost of Labour up to$3000,then at 12096 of any portion of the Cost.of Labour In excess of$3000: 02) In addition,-the Owner will include-the Cost of Labour of operators or associated labourers who ��•� cannot be otherwise employed during the standby Payment for Material period or during the period of Idleness caused by the circumstances giving rise to the Work on a Time and ) 01) The Owner will pay the Contractor for material Material Basis 1 OPS General Conditions of Contract 35 03) The Contract Administrator may require Rented Work. Equipment Idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to 02). Separate summaries shall be completed the form the Lessor until the work requiring the equipment can Contractor according to the standard 'Summary be resumed. The Owner will pay such costs as result for Payment of Accounts on a Time and Mate" ' directly from such return. Basis`. Each summary shall include the order number and covering dates of the work and shall itemize 04) When equipment is transported, solely for the separately labour, materials and equipment. invoices purpose of the Work on a Time and Material Basis,to for materials, Rented Equipment and other charges ' or,from the Working Area on.a Time and Material incurred by the Contractor on the Work on a Time and Basis, payment will be made by the Owner only in Material Basis shall.be included with each summary. iespect of the transporting units. When equipment is, ' moved under its own power it shall be deemed to be 03) Each month the Contract Administrator will working. The method of moving equipment and the include with the monthly progress payment certificate, rates shall be subject to the approval of the Contract the costs of the Work on a Time and Material Basis Administrator. incurred during the preceding month all in accordance ' with the contract administrative procedures and the Contractors invoice of the Work on a Time and GC8.02.04.07 Payment for Hand Tools Material Basis. 01) Notwithstanding any other provision of this 04) The final"Summary for Payment of Accounts on Section, no payment shall be made to the Contractor a Time and Material Basis" shall be submitted by the for or in respect of hand tools or equipment that are Contractor within 60 days after the completion of the ' tools of the trade. work on a Time an Material Basis. GC8.02.04.08 Payment for Work By Subcontractors GC8.02.05 Final Acceptance Certificate 01) Where the Contractor arranges for work on a 01) After the acceptance of the Work the Contract Time and Material Basis, or a part of h, to be Administrator will issue the Final Acceptance Certificate, performed by Subcontractors on a Trrrte and Material . or, where applicable, after the Warranty Period has ' Basis and has received approval prior to the expired. The Final Acceptance Certificate will not be commencement of the work, in accordance with the issued until all known deficiencies have been adjusted requirements of subsection GC3.10,Subcontracting by or corrected, as the case may be, and the Contractor ' the Contractor,the Owner will pay the cost of work on has discharged all obligations under the Contract. a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the work on a GC8.02.06 Payment of Workers Time and Material Basis, plus a markup calculated on ' the following basic: 01) The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work In (a) 20% of the first$3,000; plus accordance with the labour conditions set out in the Contract and at intervals of not less than twice a (b) 15%of the amount from$3,000 to$10,000; plus month. (c) 5%of the amount in excess of$10,000. 02) The Contractor shall require each Subcontractor ' doing any part of the Work to pay the workers 02) No further markup will be applied regardless of employed by the Subcontractor on the Work in the extent to which the work is assigned or sublet to accordance with this clause. others. If work is assigned or sublet to an associate, ' as defined by the Securities Act, RSO 1980, Chapter 03) Where any person employed by the contractor 466, no markup whatsoever will be applied. or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in GC8.02.04.09 Submission of Invoices accordance with clause GC8.0203.11,Owner's Set-off. 01) At the start of the work on a Time and Material Basis, the Contractor shall provide the applicable GC8.02.07 Records labour and equipment rates not already submitted to the Contract Administrator during the course of the 01) The Contractor shall maintain and keep OPS General Condrtbns of Contract r r accurate Records relating to the Work,Changes in the fuels, materials and services, except for refundable Work, Extra Work and claims arising therefrom. Such taxes and duties, shall be included in the Contract Records shall be of sufficient detail to support the total price. cost of the Work, Changes in the Work, and Extra ' Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance 02) The Contractor shall pay all taxes, customs Certificate is issued or until all claims have been duties,and excise taxes on all fuels and materials with ' settled, whichever is longer. The Contractor shall respect to the Contract. Where applicable, the require that Subcontractors employed by the Contractor shall apply for any refunds of taxes and Contractor preserve all original Records pertaining to duties to the appropriate tax levying authority. the Work,changes in the work, Extra Work and claims ' arising therefrom for.a similar period of time. 03) Any increase or decrease in costs of materials 02) If, in the opinion of the Contract Administrator, and fuels incorporated into the Work due to changes Daily Work Records are required, such records shall in such taxes and duties after the date of the tender report the labour and equipment employed and the closing shall increase or decrease the Contract price material used on any speck portion of the Work. The accordingly. Both parties to the Contract shall assist Daily Work Records shall be reconciled with and the other in applying for refunds,where appropriate,by signed by the Contractor's representative each day. providing receipts, records or other help. 03) The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work ' and Changes in the Work at any time during the period of the Contract in accordance with paragraph 01) of GC8.02.09 Liquidated Damages this clause.The Contractor shall supply certified copies of any part of his Records required whenever requested by the Owner. 01) When liquidated damages are specked in the Contract and the Contractor fails to complete the Work GC8.02.08 Taxes and Duties in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contrail ' 01) Taxes, customs duties and excise taxes on all Documents. 1 1 1 1 - i 1 OPS General Conditions of Contract r 1 28 l r } r r r r r r . r . r � r r . r r r r � OPS General Conditions of Contract 28 l 1 1 1 1 OPS General Conditions of Contract 28 .i OPS General Conditions of Contract MUNICIPALITY OF arin is ton �i,a'k= ONTARIO totten sims hubicki associates engineers architects and planners t CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART A: SIDEWALK REPLACEMENT, DUKE STREET, BOWMANVILLE PART B: SIDEWALK REPLACEMENT AND EXTENSION, CENTRE STREET, ORONO CONTRACT NO. CL97-23 ' SEPTEMBER 1997 I� totten sims hubicki associates Engineers, Architects and Planners TSH No. 12-10680 AGREEMENT THIS AGREEMENT made in tripicate this 9th day of October, 1997. rBETWEEN: BRENNAN PAVING & CONSTRUCTION LTD. ' of the Regional Municipality of York 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, requipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to ' complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and ' purposes as though all the stipulations thereof have been embodied herein. Page 1 of 3 ' DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS MUNICIPALITY OF CLARINGTON CONTRACT NO. CL97-23, Part A: Sidewalk Replacement, Duke ' Street, Bowmanville, Part B: Sidewalk Replacement and Extension, Centre Street, Orono ADDENDUM NO. 1 date September 22, 1997 A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 1 Bond Schedule of Tender Data Page 5 ' B. INSTRUCTIONS TO TENDERERS Pages 1 to 5 C. SPECIAL PROVISIONS - GENERAL Pages 1 to 24 ' D. SPECIAL PROVISIONS - TENDER ITEMS Page 1 E. STANDARDS ' G. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. ' OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 310 Mar. 1993 501 Feb. 1996 570 Aug. 1990 ' 128 Current 314 Dec. 1993 510 Oct. 1993 571 Aug. 1990 206 Dec. 1993 351 Sept. 1996 ' H. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) All plans and documents referred to in the Specifications. ' The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before the expiration of thirty (30) working days from the ' commencement date of Monday, October 20, 1997. ' 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. Page 2 of 3 This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. ' SIGNED and sealed by the Contractor in the presence of -1e i-'Constrtx.", ) ) SIGNED and sealed by the Purchaser ) t wgwnm Of 4r'mum-mally of ' in the presence of ) > an Hamre, Mayor ) ame, Clem 16443A/16n/C Page 3 of 3 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL97-23 PART `A' - SIDEWALK REPLACEMENT, DUKE STREET, BOWMANVILLE 1 PART `B' - SIDEWALK REPLACEMENT AND EXTENSION, CENTRE STREET, ORONO ADDENDUM NO. 1 Contractor's are hereby notified of the following modifications to Contract CL97-23. SPECIAL PROVISIONS - TENDER ITEMS CONCRETE IN SIDEWALK - ITEMS Al AND Bl ' The following should be added: Supply and placement of fill material as required. On Duke Street the new sidewalk shall be placed at the same location as the existing with the exception of the section in front of home numbers 8 1/2, 10 and 18 where the new sidewalk will be moved closer to the west property limit. The area between the new sidewalk and edge of roadway will be restored as a gravel shoulder using 300 mm of Granular `B' and 150 mm of Granular `A'. New sidewalk width shall be 1.2 m. On Argyle Street the new sidewalk will be placed approximately 1.5 m closer to the north property line than the existing sidewalk. Sidewalk replacement will commence ± 10 m east of the most easterly driveway. New sidewalk width shall be 1.2 m. A gravel shoulder consisting of 150 mm of Granular `A' and 300 mm of Granular `B' shall be placed from the edge of asphalt to the new sidewalk. On Centre Street in Orono, the new sidewalk shall be 1.5 metres in width and placed adjacent to the south curb line with the exception of the area west of house number 35 where the sidewalk will divert southerly around the large tree. The price bid shall also include for the adjustment of the catchbasin grate in front of house number 35 to sit on a 3:1 slope. Areas disturbed by removal of the old sidewalk shall be restored to the appropriate standard listed above, under the unit price bid for this item. CONCRETE IN SIDEWALK - ITEM NO. B2 The following should be added: The sidewalk shall be 1.5 m in width and shall be placed adjacent to the south curb line. All tenders must be submitted on the basis of these modifications. This Addendum shall remain attached to and form part of all tenders submitted. Totten Sims Hubicki Associates 513 Division Street, P.O. Box 910 COBOURG, Ontario K9A 4W4 September 22, 1997 1640i6nnow/c totten sims hubicki associates PROJECT: TENDER FOR CONTRACT NO. CL97-23 PART A: SIDEWALK REPLACEMENT, DUKE STREET, BOWMANVILLE PART B: SIDEWALK REPLACEMENT AND EXTENSION, CENTRE STREET, ORONO AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET, P.O. BOX 910 COBOURG, ONTARIO. K9A 4W4 Telephone: 905: 372-2121 Fax: 905: 372-3621 TENDERER: Brennan Paving & Constructin Ltd. Name P.O. Box 3459, Markham Industrial Park P.O. MARKHAM. Ontario UR 6G7 Address (include Postal Code) 905-475-1440 905-475-4805 Telephone and Fax Numbers E. Kalnins. P.Eng. Name of Person Signing Vice-President - Construction Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 16"3A/16n/c Page 1 of 7 pages TENDER CONTRACT NO. CL97-23 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL97-23, Part A: Sidewalk Replacement, Duke Street, Bowmanville Part B: Sidewalk Replacement and Extension, Centre Street, Orono 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 tender deposit in the amount specified in Clause 3 of the Instructions to Tenderers, in the name of 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 ITEMIZED BID CONTRACT NO. CL97-23 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL97-23 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions (P) - Plan Quantity Payment Item Item Spec. Description of Item Unit Quantity I Unit Price Total No. No. PART "A": SIDEWALK REPLACEMENT, DUKE STREET, BOWMANVILLE Al. 351 Concrete Sidewalk including SP Removal and Disposal of m2 910 63.00 57,330.00 Existing and Restoration Total - Part "A" 57,330.00 PART "B": SIDEWALK REPLACEMENT AND EXTENSION, CENTRE STREET, ORONO B1. 351 Concrete Sidewalk including SP Removal and Disposal of m2 132 55.00 7,260.00 Existing and Restoration B2. 351 Concrete in Sidewalk SP m2 54 55.00 2,970.00 Total - Part "B" 10,230.00 SUMMARY: Total, Part "A" 57,330.00 Total, Part "B" 10,230.00 Total (excluding GST) 67,560.00 GST (7% of Total) 4,729.20 T T1L '1'E, 1EI ; [1 "I" $9 2 Tenderer's GST Registration No. R100634872 Page 3 of 7 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL97-23 No. 234075-2027 WE, the Undersigned, HEREBY AGREE to become bound as Surety for BRENNAN PAVING & CONSTRUCTION LTD. in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No. CL97-23 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT Toronto this 19th day of September 1997. SEABOARD SURETY COMPANY OF CANADA Name of Bonding Company Ella Kalashnikov Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) Attorney-In-Fact Position (This Form shall be completed and attached to the Tender Submitted). Page 4 of 7 pages SCHEDULE OF TENDER DATA CONTRACT NO. CL97- 23 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 Agreement to Bond Page 4 Schedule of Tender Data Page 5 B. INSTRUCTIONS TO TENDERERS Pages 1 to 5 C. SPECIAL PROVISIONS - GENERAL Pages 1 to 24 D. SPECIAL PROVISIONS TENDER ITEMS Page 1 E. STANDARDS G. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No, Date OPSS No. Date OPSS No. Date 127 Current 310 Mar. 1993 501 Feb. 1996 570 Aug. 1990 128 Current 314 Dec. 1993 510 Oct. 1993 571 Aug. 1990 206 Dec. 1993 351 Sept. 1996 H. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL97-23, executed by me/us bearing date the 23 day of September 1997 op SIGNATURE E. Wins, P.Eng. POSITION Vice-President - Constru (COMPANY SEAL) NAME OF FIRM BRENNAN PAVING & CONSTRUCTION LID. This is Page 7 of 7 Pages to be submitted as the Tender Submission for Contract No. CL97-23. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL97-23 INSTRUCTIONS TO TENDERERS ts�aans�arc INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-23 i CLAUSE SUBJECT PAGE 1. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. BLANK FORM OF TENDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' 3. TENDER DEPOSITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 i5. RIGHT TO ACCEPT OR REJECT TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6. UNACCEPTABLE TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. ABILITY AND EXPERIENCE OF TENDERER . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. PROVINCIAL SALES TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9. GOODS AND SERVICES TAX (GST) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 i10. EXECUTE CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11. COMMENCEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' 13. SOILS INFORMATION AND CROSS-SECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . 3 14. TENDERERS TO INVESTIGATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 15. INQUIRIES DURING TENDERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' 17. ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 19. SITE MEETING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 20. EXTENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-23 1. GENERAL SEALED Tenders plainly marked "Contract No. CL97-23" will be received until: 2:00 P.M., LOCAL TIME, TUESDAY, SEPTEMBER 23, 1997 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street Bowmanville, Ontario. L1C 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer, in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender Amount Mani>irumpos�t Itecluired $ 20,000.00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. ' The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-23 2. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfilment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. 5. RIGHT TO ACCEPT OR REJECT TENDERS The Authority reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. ' Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. ' 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-23 3. ' 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 of the successful Tenderer. ' The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. 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 of ' the General Conditions. 12. LOCATION The work is located on the west side of Duke Street at various locations between Argyle Street and Park Street in Bowmanville and on the south side of Centre Street in Orono. 13. SOILS INFORMATION AND CROSS-SECTIONS A soils report has not been undertaken for this contract. 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means ' as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-23 4, 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, ' shall be directed to the Contract Administrator, Totten Sims Hubicki Associates, Telephone: 905-372-2121, attention: R.A. Kempton, P.Eng. or W. McCrae, P.Eng. ' 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington. ' Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. 17. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. 18. UTILITIES Plans illustrating proposals for the relocation of utilities are available for inspection at the office of the Contract Administrator. For additional information regarding existing utilities the Contractor may contact the following personnel: Ontario Hydro: Mr. Jim Hisson Consumers Gas: Mr. Cliff Clark Tel: 905-623-1071 Tel: 905-668-9341 Bell Canada: Ms. Wendy Martin Cable TV: Mr. Bernie Visser Tel: 905-433-3632 Tel: 905-579-1601 19. SITE MEETING A site meeting will be held on Thursday, September 18, 1997, at 10:00 a.m. to review the extent of work. The meeting will be convened at the corner of Duke and Park Streets in Bowmanville. Those bidding the work without attending the site meeting do so at their own risk. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-23 5. 20. EXTENT OF WORK Award of Part "B" is subject to financing approval from Consumers Gas. The Contractor is advised that pay quantities may be reduced to suit available budget. The Contractor shall have no claim as a result of such reductions. r ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL97-23 SPECIAL PROVISIONS - GENERAL 16445/15/8/C ' INDEX SPECIAL PROVISIONS-GENERAL ' CONTRACT NO. CL97-23 ' CLAUSE SUBJECT PAGE ' 1. GUARANTEED MAINTENANCE . . . . . . . . . . . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. CONTRACT TIME AND LIQUIDATED DAMAGES 1 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. OPS GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. REVISION TO OPS GENERAL CONDITIONS 3 6. LAYOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. LABOUR CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8. RESTRICTIONS ON OPEN BURNING 7 9. SUPPLY OF MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10. PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11. UTILITIES 8 12. HAUL ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' 13. DUST CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14. TRAFFIC CONTROL, FLAGGING 9 15. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16. MAINTENANCE OF TRAFFIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL . . . . . . . . . . . . . . . . . . . . . . . . 11 19. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES . . . . . . . 12 20. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) . . . . . . . . . . . . 13 21. SPILLS REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22. TRAFFIC AND STREET SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 23. GARBAGE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24. ASPHALT MIX DESIGNS 14 25. CONCRETE MIX DESIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26. APPLICABLE STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 27. AMENDMENT TO OPSS 353 17 28. AMENDMENT TO OPSS 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 29. AMENDMENT TO OPSS 570 . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . • • . . . . . . . . • 30. AMENDMENT TO OPSS 1820; CONCRETE PIPE 18 31. DELIVERY OF TEST SAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 32. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES : : . 19 33. CONFINED SPACE ENTRY . 20 34. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT . . . . . . . . . . . . . 20 35. GOVERNMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ' 36. ENGINEERING ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 37. ENTRY ONTO PRIVATE PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 38. STORAGE AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ' 39. GENERAL LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 40. CONSTRUCTION LIEN ACT 22 41. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR • • . . • • . . . . . . . . • • . . . . . . . . . . . . . . • • . . . . . . . . . . . 23 42. LIMITS OF CONTRACT 24 PAGE ONE SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL97-23 ' 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 the necessity for repairs or for any work to be done under this Section. 2. CONTRACT TIME AND LIQUIDATED DAMAGES ' (1) Time Time shall be the essence of this contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause ' GC 1.06. (2) Progress of the Work and Contract Time The charging of working days shall commence on Monday, October 20, 1997 and the Contractor shall diligently prosecute the work on this contract to completion on or before the expiration of thirty (30) working days from the date of commencement. If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to ' insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. Working days shall be charged until the date of completion of the work as set out in the Certificate of Completion issued in accordance with GC8.02.03.06. ' SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 2. ' (3) Worldng Day Working Day as defined in GC1.04 is modified by the addition of the following under Paragraph (a): The Contract Administrator will furnish to the Contractor for his signature a weekly "Statement of Record of Working Days". The Contractor will be allowed two weeks in which to file a written protest setting forth in what respects the said weekly statement is incorrect, otherwise, the statement shall be deemed to have been accepted by the Contractor as correct. (4) Liquidated Damages ' It is agreed by the parties to the contract that in case all the work called for under the contract is not completed within the number of working days as set forth in the special provisions or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority ' will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of FOUR HUNDRED DOLLARS ($400.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work in excess of the number of working days prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed number of working days. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.07 is defined as an employee of the ' Contractor. 4. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, August 1990. 1 SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 3. ' 5. REVISION TO OPS GENERAL CONDITIONS Payment on a Time and Material Basis: Section GC8.02.04.01, Definitions, is hereby revised by the addition of the following under "Payroll Burden": ' Payment in respect of payroll burden shall be made at the following rates currently in effect: (i) Road Work - 26 percent of the wages and salary portion of the labour costs. (ii) Structure Work - 30 percent of the wages and salary portion of the labour costs. ' 6. LAYOUT Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: The Contract Administrator shall lay out and establish the primary alignment and grade controls ' necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the ' trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. 7. LABOUR CONDITIONS General ' This Special Provision is to be read in conjunction with Section GC8.02.06, Payment of Workers, of the General Conditions of the Contract and is subject to The Industrial Standards Act, The Employment Standards Act, 1980 and the regulations made thereunder. The wage ' rates set out in the Roads and Structures Fair Wage Schedule are subject to change periodically. Any increase in costs incurred by a change in the wage rates shall be borne by the Contractor. ' Definitions For the purposes of this Special Provision, (a) "regular rate" means, (i) the hourly rate paid to an employee for their normal non-overtime work week, or; ' SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 4. (ii) in the case of an employee to whom sub-clause (i) does not apply, the amount obtained by dividing their total earnings for the week by the number of hours they worked in the week. ' (b) "work on roads" means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures; and; (c) "work on structures" means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge; tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto; provided, however, that the Minister of Labour, Ontario may at his/her sole discretion determine whether any particular work is to be classified as work on roads or as work on structures and such decision may be made notwithstanding the definitions herein contained. Hours of Work and Wages The regular work week for a person employed on work on roads being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 55 hours and all time worked by such person in excess of 55 hours a week shall be overtime except that part ' of the hours of work in excess of 55 hours a week which together with the hours worked in the preceding week do not exceed 55 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. The regular work week for a person employed on work on structures being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 50 hours and all time worked by such person in excess of 50 hours a week shall be overtime except that part of the hours of work in excess of 50 hours a week which, together with the hours worked in the preceding week do not exceed 50 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. Every person employed by the Contractor or a sub-contractor or other person to do any part of the work contemplated by this Contract shall be paid while employed on such work at not less ' than the wage rate set out in the Roads and Structures Fair Wage Schedule for the appropriate classification of such work or not less than such other wage rates as, during the continuance of the work, are fixed by the Minister of Labour, Ontario, for hours of work that are not overtime and shall be paid one and one half times his/her regular rate for all hours of work that are overtime. Notwithstanding that a Contractor pays wages in excess of the wage rates set out in the Roads ' and Structures Fair Wage Schedule, he shall not, in computing overtime wages payable to an employee, set off against such overtime wages any part of the wages earned by the employee in respect of their regular work period. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 5. ' Where a person is working on more than one Contract that is subject to these conditions, including any municipal Contract that contains similar labour conditions, the regular work week and the entitlement to overtime for that person shall be based upon the total hours worked on all such Contracts and if, on this basis, overtime is worked on this Contract the Contractor shall pay such person at the overtime rate and no waiver by that person of this entitlement to overtime wages and no interposition of a third party by way of an employment agency or as the nominal employer of that person shall relieve the Contractor of his/her obligation to pay that person the overtime wages. Decisions by Minister of Labour Where there is no appropriate classification set out in the Roads and Structures Fair Wage Schedule for any particular class of work, the Minister of Labour, Ontario, may designate or establish the appropriate classification and the wage rate. ' The Contractor, upon receipt of notice of any decision of the Minister of Labour, Ontario, made under this Contract, shall immediately adjust the wage rates, hours and classification of work so as to give the effect to such decision. Fair Wage Schedule The Contractor shall make applicable to this Contract and post, in accordance with Section GC7.11 of the General Conditions of the Contract, the current edition of the Ontario Ministry of Labour's Roads and Structures Fair Wage Schedule and any amendments thereto. Contractor to Keep Records Which are to be Open for Inspection The Contractor shall keep proper books and records showing the names, trades, addresses and ' hourly wage rates of all workers in his/her employ or employed on this Contract through an employment agency and the wages paid to and time worked by such workers both at regular wage rates and at overtime wage rates, and the books or documents containing such records t shall be open for inspection by officers of the Government at any time it may be expedient to the Minister of Labour to have the same inspected. Ministry Requirements Before Payments Made to Contractor The Contractor shall from time to time upon request furnish the Ministry with such detailed information and evidence as may be required in order to establish that these labour conditions have been complied with not only by him/her but by any sub-contractor or other person doing any part of the work contemplated by the Contract. Off Site Work The Labour Conditions are intended for application primarily to work on the Contract site. Work that is carried out on sites that are not in the immediate vicinity of the Contract site or that are not used exclusively for the purposes of Contracts including Municipal Contracts, containing similar labour conditions will not be subject to the Labour Conditions. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 6. Training Period for Equipment Operators (a) Employees, other than students, learning to operate equipment are classified as "Apprentice Equipment Operators" during, (i) their first three months operating equipment which does not require a licensed operator; ' or (ii) their first 18 months operating equipment which requires a licensed operator. (b) The wages for apprentice equipment operators are as follows: Windsor Zone The wage rate for Cement Improver Hamilton Zone The wage rate for Asphalt Raker Toronto Zone The wage rate for Asphalt Raker Ottawa Zone The wage rate for Skilled Labourer Provincial Zone The wage rate for Skilled Labourer. Pile Driver Employees other than an operator are to be classified as "Pile Driver Men" and shall be entitled to the wage rate for "Labourer" - Structure Section. Servicing of Equipment by Operator "On Site" The Operator shall be entitled to his/her wage rate for the work in accordance with the terms of the "Special Provisions - Labour Conditions." Travelling Time Travelling time will not be subject to the Fair Wage Schedule. The hours and wages or monies paid for travelling time are to be deleted from the wage record of an employee in computing his/her wage entitlement. Gravel and Chip Spreader - Provincial Zone Employees engaged in this classification of work shall be paid the wage rate of Equipment and Maintenance Operator, Group 'B'. Room and Board Allowance The amount of room and board allowance will be negotiated between the employer and employee but in no case will the net amount of wages due to an employee be less than such wages an employee in General Construction work would receive at the minimum wage and overtime at one and one-half times that rate for hours worked in excess of forty-four a week and the maximum deduction for Room and Board per week as allowed by Regulation under the Employment Standards Act. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 7. Farm or Industrial Tractors with Attachments The attachment must be power operated and be an integral part of the tractor. Wage Rates for Students (a) Students employed as FLAGPERSONS or WATCHPERSONS shall be entitled to the wage rate for these classifications. (b) Students performing work in positions that are classified in the Fair Wage Schedule, other than FLAGPERSONS or WATCHPERSONS, shall be entitled to receive the student rate, notwithstanding the rate set out in the Schedule for the classification applicable to the work. (c) Students employed for more than three months in a classified position shall then be entitled to the wage rate for that classification. (d) Students performing work in positions that are not classified in the Fair Wage Schedule shall be entitled to receive the student rate, regardless of the location of the Contract. 8. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 9. SUPPLY OF MATERIALS All materials necessary for the proper completion of the work shall be supplied by the Contractor, except as specifically noted, and the payment provided in the Contract shall be deemed to include full compensation for the supply of such materials. Materials listed in OPSS 128 and as amended from time to time, shall be supplied only from ' sources designated in the Ministry of Transportation Manual of Designated Sources for Materials. Amendment to OPSS 128 Section 128.05.02 of OPSS 128 is amended in that the list of materials to be supplied from designated sources is revised: (1) By the deletion of the following. 6.85.25 Flasher Beacon, Aluminum (121.310) 9.20.10 Coal Tar Epoxy SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 8. (2) By the addition of the following: 9.20.10 (Structural Steel) Coal Tar Epoxy 9.20.15 (Structural Steel) Coal Tar Epoxy 10. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 21/2 percent of the total value of work performed beyond the expiration of 45 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 2-112%, 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 GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. 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. 11. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL97-23 9. 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. 12. HAUL ROADS When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. 13. DUST CONTROL iAs a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of water and calcium chloride as are authorized by the Contract Administrator to restrict dust to acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. 14. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry of Transportation's District Office. Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL97-23 10. 15. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the "Manual of Uniform Traffic Control Devices", Division 5. Traffic controls shall be operational before work affecting traffic begins. 16. MAINTENANCE OF TRAFFIC Traffic flow can be restricted to one lane on both Centre Street and Duke Street during the construction of curb and gutter, sidewalk and boulevards but only in the immediate area of construction operations and with the prior approval of the Contract Administrator. Two lanes of traffic shall be in operation at the end of each working day. Access to local homes and businesses within the contract limits shall be maintained at all times. The Contract may present alternative approaches for traffic control for review provided the proposals meet the minimum intent of the above for traffic control. It is the intention of the Contract that every reasonable effort shall be made to provide vehicular access to homes and other properties within the limits of each phase at the end of each working day. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Engineer. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of one week in advance of such closure. The newspaper advertisement shall indicate the date of closing of the roadway and the length of time for which the road will be closed. This advertising is in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 11. 17. 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. 18. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows. 1 Section 180.03, 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 180.07.02, 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. 11us form to be used with Ontario Provincial Standard Spcaficatwn Is0 SITE SELECTION NOTIFICATION FOR MANAGEMENT AS DISPOSABLE FILL Contract Informwtion Contract No. Owner. The following describes the notification process between the Owner of the Contract and the Contractor. wherein the Contractor formally notifies the Owner that agreement has been reached with a third party property owner for the disposition of Contract generated excess material. Such excess material, managed as disposable fill shall be limited to one of or a combination of: earth;aggregate;swamp material; rock, natural wood and debris from open fires, provided the conditions on management are satisfied. Site Information Property Owner(s)for the subject property. The subject property- Lot ,Concession ,Township of County/Region/District or ,Quantity and Type of Excess Material used as fill: This is to notify you, as Owner, that permission has been obtained from the property owner(s) named herein for the management of excess materials from this Contract. The property owner has also been provided with a copy of this form and has been advised that a Property Owner's Release Form,OPSF 1803,will be required.The use of this management site will comply with the following. Conditions on Management Bituminous pavement,concrete,masonry,wood which has been treated,coated or glued,and metal,plastic,and polystyrene products will not be accepted for management as disposable fill. Swamp material managed as disposable fig will be top covered by a minimum of 300 mm of earth or topsoil.Swamp material managed as disposable fill may only be placed: a. a minimum of 2 m above the level of ground water. b. a minimum of 30 m from water bodies; C. a minimum of 100 m from any water wells;and d. a minimum of 100 m from residences. These conditions do not supersede any constraints Imposed on this property by Federal,Provincial or Municipal statute . or regulations and bylaws made thereto. Dated this_day of 19_ Print Contractor's Name & Field Representative's Name Contractor's Field Representative signature Property Owner(s)Signature(s) cc: Contract Administrator,Property Owner(s), Contracts OPSF 1800 December 1993 Ontario Provincial Standard Form This form to be used with Ontario Provincial Standard Specification 180 SITE SELECTION NOTIFICATION FOR MATERIALS STOCKPILING Coruinct Injomnation Contract No. Owacr: The following describes the notification process between the Owner of the Contract and the Contractor, wherein the Contractor formally notifies the Owner that agreement has been reached with a third party property owner for the stockpiling of Contract generated excess material.Such excess material,stockpiled for re-use, may be one of or a combination of: earth; aggregate; swamp material; rock: concrete; masonry, bituminous pavement; natural wood; metal, plastic,and polystyrene;wood which has been treated,coated or glued and debris from open fires, provided the conditions on management are satisfied. Site Infmwtron Property Owner(s)for the subject property. The subject property. Lot ,Concession ,Township of County/Region/District of Quantity and Type of Excess Material stockpiled: This is to notify you, as Owner, that permission has been obtained from the property owner(s) named herein for the management of excess materials from this Contract. The property owner has also been provided with a copy of this form and has been advised that a Property Ownees Release Form,OPSF 1803,will be required.The use of this management site will comply with the following: C indidons on Managern&w ' It is understood that materials are stockpiled to be re-toed or held for disposal at a certified waste disposal site.Stockpiles of natural wood,manufactured wood,debris from open fuss and Swamp material may only be located: a. a minimum of 2 m above the level of ground water. b. a minimum of 30 m from water bodies; C. a minimum of 100 m from any water wells;and d. a minimum of 100 m from residences. Stockpiles of bituminous pavement,concrete and masonry may only be located: a. a minimum of 30 m from Rater bodies;and b. a minimum of 100 m from residences unless 1. on property with a boundary common to a right-of-way,within the contract limits,for a period not exceeding 120 calendar days,or 2. such stockpiles are located within a provincial or municipal works yard or in a commercially licensed pit or quarry. These conditions do not supersede any constraints imposed on this property by Federal,Provincial or Municipal statute 1 or regulations and bylaws made thereto. Dated this day of 19 Print Contractor's Name&Field Representative's Name Contractor's Field Representative signature Property Owner(s)Signature(s) cc: Contract Administrator, Property Owner(s),Contractor OPSF 1801 December 1993 Ontario Provincial Standard Form This form to be used with Ontario Provincial Standard Specification 180 PROPERTY OWNER'S RELEASE Contract No. Work Description: I/We being the owner(s) of Lot , Concession Township of , and County/Region /District of , verify that the Contractor for the above noted work has placed excess material from the above noted Contract on my/our property with my/our permission. I/We have been advised by the Contractor of the "Conditions on Management" described in OPS Forms 1800 or 1801, " Site Selection Notification for Management as Disposable Fill, or'Site Selection Notification for Materials Stockpiling",respectively,or both, and have been assured by the Contractor that these conditions have been met. Where materials are managed as disposable fill, I/We agree to be responsible for any subsequent relocation and management of the material so placed. Where materials are to be stockpiled, I/We agree that the stockpile(s)will be removed by the date(s) herein noted. 1 Dated this day of 19 Print Contractor's Name & Field Representative's Name Contractor's Field Representative signature Property Owner(s) Signature(s) Copies to: Contract Administrator.Property Owner(s),Contractor OPSF 1803 December 1993 Ontario Provincial Standard Form Thts form to be used with Ontario Provincial Standard Specification 180 WASTE QUANTITY REPORT For Solid Non-hazardous Industrial and Commercial Waste Contras No. Contractor- Material Description Location of Disposal Site and Quantity of Materials Certificate of Approval Number OPSF 1805 December 1993 Ontario Provincial Standard Form SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 12. 19. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. lesigna t e l jd.ntified on this Site Location Substance 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 Regulations 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 and Energy at 7 Overlea Boulevard, Toronto, Ontario, M4H 1A8, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment and Energy has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment and Energy's concerns have been addressed. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 13. 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. 20. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, 1 a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 21. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 22. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 14. The Region of Durham Traffic Department is to be given a minimum of 48 hours notice before construction begins and following survey layout to allow for moving of all signs which are to be relocated. 23. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. Garbage pick-up is handled by BFI ' Disposal, McKnight Road, Courtice, at 905-433-5075. Recyclable material is handled by Miller Waste Systems at 905-475-6356. 24. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 25. CONCRETE MIX DESIGNS The Contractor shall be responsible for the concrete mix design except for low slump concrete overlays and latex modified concrete overlays which the Authority will design, and for providing concrete of the specified properties. Concrete shall conform to the requirements of OPSS 1350 except as noted below: (1) Sub-section 1350.07.07.01 is deleted and replaced by the following: 1350.07.07.01 Contractor Designed Mix Mix proportions shall be selected in accordance with A.C.I. Standard 211.8-81 "Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concretes" and the requirements of this special provision. The values given in Table 5.3.6 of the A.C.I. standard for the determination of the volume of coarse aggregate in the concrete mix shall be increased by not less than 10 percent except where the concrete is deposited using a pump. I � i SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 15. At least three weeks prior to the placement of concrete the Contractor shall submit to the Contract Administrator a statement indicating the source of coarse and fine aggregate to be used in the concrete work. The mix proportions and the required test data, for each class of concrete, shall be submitted to the Contract Administrator at least seven days prior to the placement of concrete. They shall be submitted in the standard Form PH-CC-433. Contractor Designed Concrete Mix Mix Proportions shall be expressed as follows: (i) Portland Cement - Type, Source and Content in kilograms per cubic metre of concrete. (ii) Cementitious - Percent Slag, Source and Content in Hydraulic Slag kilograms per cubic metre of concrete. (iii) Coarse Aggregate - Nominal maximum size, Relative Density (Dry) Source, Content in kilograms per cubic metre of concrete and Dry Rodded Density in kilograms per cubic metre of concrete. (iv) Fine Aggregate - Fineness Modulus, Relative Density (Dry), Source and Content in kilograms per cubic metre of concrete. (v) Water - Content in kilograms per cubic metre of concrete. (vi) Chemical - Source, Type and Dosage per 100 Admixture kilograms cement. (vii) Air Entraining- Source and Type. Admixture Mix proportions shall be based on an aggregate in an oven dry condition. aStrength Test Data 1 The contractor shall produce the following information with regard to the mix design. The information shall consist of test data from a laboratory or field mixed batch of concrete, or a summary of test data from previous work using similar concrete mix proportions, as follows: (i) Laboratory or Field Mixed Batch of Concrete The test data shall include compressive strength tests consisting of at least one set of standard cylinders tested at 7 days, and 1 set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag, the compressive strength tests 1 SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL97-23 16. shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. Note: The intent of the laboratory or field mixed batch of concrete is to indicate the ability of the proposed mix proportions to produce concrete of the required properties. (ii) Summary of Test Data The test data shall include at least ten consecutive 28 day strength tests from previous work. The data shall report individual strength tests and the average of all groups of three consecutive strength tests. The air content and slump of the samples of concrete used to fabricate the test cylinders shall be stated. The tests shall have been carried out within a period of two years prior to the award of the contract. (2) Sub-section 1350.08.01.02 is deleted and replaced by the following: 1350.08.01.02 Sampling of Mix Design Materials For Contractor designed mixed samples of acceptable aggregates, cement, water, chemical admixtures and air entraining admixtures representative of the materials to be used in the work shall be provided to the Contract Administrator when requested at the time the proposed mix proportions are submitted to the Authority. (3) Sub-section 1350.07.07.03, Part (b), is deleted and replaced by the following: 1350.07.07.03 High Strength Concrete (b) Contractor Design Mix The proposed mix proportions shall meet the requirements of revised Sub-section 1350.07.07.01 above and in addition shall be tested in a full size field trial batch of concrete. When the concrete is mixed within a ready mixed truck, the size of the trial batch shall be that volume of concrete normally mixed in the truck. When the Contractor elects to use a source of ready mix concrete, the trial batch of concrete shall originate from the same plant that will be used for the supply of high 1 strength concrete and the trial batch shall be delivered to the site of the work and tested. Where access to the site of the work is not possible the Contract Administrator will designate a suitable location for testing. The testing of the field trial batch of concrete shall be the responsibility of the Contractor. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 17. Strength test data from the field trial batch shall consist of at least one set of standard cylinders tested at 7 days and one set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag the strength test data shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. When approved by the Contract Administrator, the concrete from the trial batch may be incorporated into parts of the structure. Basis of Payment All costs for the above work shall be included in the contract price for the appropriate concrete item(s). 26. APPLICABLE STANDARD SPECIFICATIONS Ontario Provincial Standard Specifications (OPSS) governing the work of this Contract shall be as listed in the "Schedule of Tender Data", Section G, with the applicable date of issue as indicated for each Specification. With the exception of OPSS 127 and 128, these Specifications shall remain in effect throughout the duration of this Contract, whether or not they be modified or re-issued by the responsible agency subsequent to the tender advertising date. The issues of OPSS 127 and 128 which are current at the time the work is performed or material furnished, shall govern. 27. AMENDMENT TO OPSS 353 Air Content of Concrete 353.05.01 Concrete Subsection 353.05.01 of OPSS 353, September 1990, is amended by the addition of the following: The air content of concrete placed by extrusion methods shall not be less than 4.5% when tested in place in a plastic state. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 18, 28. AMENDMENT TO OPSS 102 Scale Accuracy Section 102.08.01 of OPSS 102 is amended by the addition of the following: Scale accuracy tolerances and Limits of Error are defined as 0.20% of the indicated load where "Indicated" load refers to the weight of the vehicle used in conducting the performance test when measured at the centre of the platform. 29. AMENDMENT TO OPSS 570 Sub-section 570.05.01 of OPSS 570, August 1990 is amended by the addition of the following: The topsoil shall be analyzed to ensure there are no deficiencies with respect to fertility levels. The soil shall consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm, f 2 ppm. The potassium level shall be 235 ppm, f 30 ppm. The soil shall have a base saturation of calcium of 75%, t 10%. The base saturation of sodium shall be a maximum of ' 0.5%. The pH level shall be between 6.0 and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. If the topsoil does not meet any or all of the fertility elements the soil shall be treated with the required amendments as recommended by the topsoil analysis report. ' 30. AMENDMENT TO OPSS 1820; CONCRETE PIPE Section 1820.02, References, of OPSS 1820 is deleted and replaced by the following: 1820.02 References This specification refers to the following standards, specifications, or publications: Ontario Provincial Standards Specifications (Material) CSA Standard A257-M1982 - Standards for Concrete Pipe Section 1820.07, Production, of OPSS 1820 is deleted and replaced by the following: 1820.07 Production 1820.07.01 General Production methods shall conform to the requirements of CSA A257.1 and CSA A257.2. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 19. 1820.07.02 Pipe for Sewers Up to and Including 900 mm Designated Internal Diameter Pipe for use in sewers up to and including 900 mm designated internal diameter shall be pipe of the size and class required, and shall conform to the MOEE Pre-qualification Requirements for Concrete Sewer Pipe Plants. The plant shall have a valid Pre-qualification Certificate at the time of production and delivery of the pipe. i1820.07.03 Marking Marking shall conform to the requirements of CSA Standard A257.IM or A257.2M. Pipe conforming to the MOEE Pre-qualification Requirements for Concrete Sewer Pipe Plants shall bear the letters "MOEE". Jacking Pipe shall be marked with the words "Jacking Quality". 31. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract the designated testing laboratory is TSH Inspection Testings Co., 300 Water Street, Whitby, Ontario. L1N 9J2. t32. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 20. 33. CONFINED SPACE ENTRY The Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: Mechanical Ventilation Equipment 1 . Gloves Gas Detector (C95-80) Full body harness securely attached to a rope Rope Gas mask or dust, mist or fume respirator (optional) 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily ' available to supply air for instant egress) 7 minute Escape Pack Explosion-proof temporary lighting Adequate clothing to ensure protection against abrasions and contamination. ' In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. ' 34. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT Clause GC7.01.06 of the OPS General Conditions of Contract is deleted and replaced by the following: 06) The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, RSO 1990, c.0.1 (the Act) and ' Ontario Regulation 213/91 (Construction Projects) and any other regulations under the Act (the Regulations) which may affect the performance of the Work, as the Constructor or Employer, as the case may be. The Contractor shall 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 Employee under the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; (c) a copy of the most current version of the Act and the Regulations are available at the Contractor'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; (d) workers 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; SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 21. (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 employed by the Contractor to perform part of the Work and their employees are properly protected from injury while they are at the work place. The Contractor when requested shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and ' inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. ' 35. GOVERNMENTAL REQUIREMENTS The Contractor shall obey all Federal, Provincial and Municipal laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. 36. ENGINEERING ARBITRATION The Contractor's attention is drawn to Clause GC3.15 of the General Conditions of Contract. In the event that dispute cannot be resolved by negotiation, arbitration procedures will be followed in this Contract. All parties shall agree to binding arbitration to resolve outstanding claims. 37. 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 istrictly enforced. 38. STORAGE AREAS Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the following: SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 22. 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. 39. GENERAL LIABILITY INSURANCE Clause GC6.03.02.01 is amended by the addition of the following: The Regional Municipality of Durham shall be added as an additional named insured. 40. 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 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 terms 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 indemnify 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 sauch 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 terms of the Contract Documents. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 23. 41. 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. S.A. Vokes, P.Eng., Director of Public Works ' Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL97-23 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Corporation of the Municipality of Clarington from further obligations. ' Yours very truly, .................................. Signature Property Owner's Name............................Lot......Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-23 24, ' 42. LIMITS OF CONTRACT In the event that funding for the entire contract as noted on the contract drawings is not available, the limits of the contract will be reduced to meet the available funding. Clause GC 8.01.02, Subsection(b) of the OPS General Conditions of Contract (August 1990) will not apply to this contract and unit prices bid will not be renegotiated for tender quantity reductions ' resulting from a change in the Limits of Contract. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL97-23 SPECIAL PROVISIONS - TENDER ITEMS ieaa��sis�c PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL97-23 CONCRETE IN SIDEWALK - ITEMS Al AND B1 Areas of private walkway to be constructed to match new sidewalk will be measured and paid for under this Item. Where sidewalk abuts existing sidewalk an expansion joint shall be constructed at these locations. The following works shall also be included under this item: • Removal and disposal of existing sidewalk. Supply and place 100 mm Granular "A" base Restoration of grassed areas with 100 mm of topsoil and sod Restoration of paved driveways and boulevards with 200 mm of Granular "A" and 50 mm of HL3-A • Restoration of gravel driveways with 200 mm of Granular "A" CONCRETE IN SIDEWALK ITEM NO. B2 Areas of private walkway to be constructed to match new sidewalk will be measured and paid for ' under this Item. Where sidewalk abuts existing sidewalk an expansion joint shall be constructed at these locations. The following works shall also be included under this item: Supply and place 100 mm Granular "A" base ed areas with 100 nun of to • Restoration o f grass soil and sod p . Restoration of paved driveways and boulevards with 200 mm of Granular "A" and 50 mm of HL3-A . Restoration of gravel driveways with 200 mm of Granular "A" Supply and placement of fill material as required to create a boulevard and sidewalk section that drains to the south curb line. ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL97-23 ' STANDARD DRAWINGS PAGE ONE ' STANDARD DRAWINGS CONTRACT NO. CL97-23 ' STANDARD NO. DESCRIPTION Dwg. No. 1 KEY PLAN Dwg. No. 2 LOCATION PLAN DUKE STREET Dwg. No. 3 LOCATION PLAN CENTRE STREET OPSD- 216.010 BOULEVARD TREATMENTS - URBAN SECTION ' 218.01 SODDING OF SIDE SLOPES 310.010 Mod. CONCRETE SIDEWALK 310.020 Mod. CONCRETE SIDEWALK ADJACENT TO CURB AND GUTTER ' 310.030 Mod. CONCRETE SIDEWALK RAMPS AT INTERSECTIONS 310.040 UTILITY ISOLATION IN SIDEWALKS 310.050 Mod. SIDEWALK DRIVEWAY ENTRANCE DETAILS 351.01 URBAN RESIDENTIAL ENTRANCE 561.010 INTERLOCKING CONCRETE PAVERS ON GRANULAR BASE 600.04 CONCRETE BARRIER CURB AND GUTTER 603.02 PRECAST CONCRETE CURB ' 608.01 METHOD OF TERMINATION i it O 1 i �❑ REC. ROM 4 TAU ROAD = a p Cl �❑ CONCESSi ST. �❑ CONCESSION ST O UPi WN A I Q 2 Mw. No. 2 O o � , o 00 ❑ a❑ � � c Z Qo Z F > 0a = i � � O ❑❑ KING ST. E. CENTRE ST. moo o d P �ac�� a � oar SITE SITE �� 0 1 BASELINE RD. ,� �❑ BASELINE RD. ❑ BASELINE RD. ❑ 0 0 0 z o CONCESSION RD. 5 Z � a 0 HWY. 401 1 ° ' KEY PLAN KEY PLAN PART "A" " PART V N.T.S. N.T.S. CONTRACT No CL97-23 OE9KOM W.G.M. oaw»c I.B. MUNICIPALITY OF CLARINGTON ° SEPT. 1�" totten ems hubicki associates .� 12_,06W MtNYCPAUTY w.GM. KEY PLAN owwiw ENGINEERS ARCHITECTS AND PLANNERS jQ /'j(� Q=� n O.R.B.WAM i' ' 8 513 Divistian street, P.O. 910, Cobourg, Ontario K9A 04 ONTM10 NO. WE By N.T.S. SIDEWALK CONSTRUCTION L I M M r AM m 4=6, MUNICIPAUTY OF CLARINGTON `' totten sims hubicki associates PART 'A' - DUKE ST. & ARGYLE ST. ENGINEERS ARCHITECTS AND PLANNERS BOWMANMLLE mom m m 513 DWm street, P.O. 910, Cobwr$ Ont(k K9A 04 SIDEWALK CONSTRUCTION 1 •8 - 2 .� co J •,6Q , 163• 16;3•/ CENTRE 163.2 • STREET CENTRE • 162.6 STREET t62•5• • ������� MOWN o D 162 • / • 1 62• LEGEND: ! o PROPOSED SIDEWALK � ~ • • • -- • 1 1s/• 3 •�•9 ,162 2 PARK STREET _ • 10q� 16l.4 . - .. E CONTRACT No CL97-23 o� W.G.M. MUNICIPALITY OF CLARINGTON OM SEPT. 1997 P"ET avm o totters sims hubicki associates "IaPAUTY OF w�M. PART 'B' — CENTRE STREET ,,;-'°��° o ENGINEERS ARCHITECTS AND PLANNERS �Q]/ tQ]j D.R.B. ORONO 8 ■ 513 Division street, P.O. 910, Cobour$ Ontora K9A 04 ONTARIO � O.TE By 1:1� SIDEWALK CONSTRUCTION Sidewalk 0.3m min Note 1 — --- 0.5 Criginoi grow Pavement Granular base Boulevard surface cr m ,� ' 27 27-min 87.max 2x Rounding _ ..•37.. •._ breakpoint 0.3m Granular Subgrade Typ ' suboase SOmm min Typ Pipe subdrain Typ • CUT AND FILL SECTION WITH BARRIER CURB �-- Sidewalk 0.3m min Note 1 Pavement surface . Granular base 0.5 `�gi'°' gr°'�' min —27min 87max 27. °f 713 2Depth as specified o Rounding ar Subgrade A• breakpoint subbase ' WITH MOUNTABLE CURB CUT AND FILL SECTION I ' NOTES: 1 Where steel beam guide rail is indicated, the minimum rounding shall be 1.0m, ' with 0.5m required from edge of sidewalk to rounding breakpoint. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1994 05 16 Rev � OP BOULEVARD TREATMENTS Date- URBAN SECTION OPSD 216.010 n 0.1 Slope$ �faceeDer, Sfpk/np(tl fj'SA witA s °d - r •� '� / / pnC drlyen - �- • ��- % i t`n • • • �• •� •• • / / Dpi do .: .•' •• otI 100. 100 ' , • • • •• • •;v - • Y• • •r 'i . • •-w -.•f•. • • • • • •• • •'• • /'• do mom too on j / Subgrade elevation on roadway fronhlope pi of i i NOTES: A For application to designated areas. 8 All dimensions are in millimetres unless otherwise shown I 'I ONTARIO PROVINCIAL STANDARD DRAWING Date 1990,09 14 Rev 2 Date SODDING OF SIDE SLOPES 0PSD - 218 .01 Varies min) • Varies m 190W, a 0.3m .` �. BOULEVARD Concrete min tAq* %%0 2R to 10 x S` lope 2% to 4% sidewalk 2� 10x ' 125mm RiSmm IOOmm Granular Note 1 ' 5� TYPICAL SECTION s DUMMY JOINT Curb and utter Expansion 9 joint material 5 1 r 0.25 T BOULEVARD R=0.5m Note I I Typ M c TYp Expansion joints CONTRACTION JOINT ' • R-5mm Typ 5 Dummy joints ` + Y Typ ' :t ,•�' r . Y Contraction o joints ... .. Y - • • u Typ --4 F--12mm expansion joint material JOINT LAYOUT EXPANSION JOINT NOTES: 1 Sidewalk thickness at residential driveways A All dimensions are in millimetres or and adjacent to curb shall be 125 mm. metres unless otherwise shown. At commercial and industrial driveways. ' the thickness shall be l5o mm. 2 Sidewalk width shall 'be increased to 2.4m at schools, bus'stops and other high pedestrian areas. ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 1Rev1 MOOIFIEO OP CONCRETE SIDEWALK Data •MaR.t1994 — S nPgn - l l n n i n 1.Sm Note 2 Expansion joint material Finished rood 510 • 2% to A% surface c •� •t• . . a 125 mm f. 0 ..1 •• •� .. �� f to 1 • '• Concrete R=Smm R=Smm sidewalk • �. ` ' � GRANULAR 'A' - IOOmm Curb and gutter as specified TYPICAL SECTION • r O -•' -•• r 1•• • ; j _•`' .r �. Exoonsion ' r joint material ° Curb and gutter DUMMY JOINT •--•i 1.5m ' S 1 0.25 r Typ w Y Contraction •� -:- _ r'�1-: - ; joint Expansion j• t.- r• Y v joints ° CONTRACTION JOINT R=St T5 Gummy joints .• Typ . _ Y , c , • � � Contraction • joint - -'�-. c ... —4 I-- 12mm expansion JOINT LAYOUT joint material EXPANSION JOINT NOTES: 1 Sidewalk thickness at residential driveways A All dimensions are in millimetres or and adjacent to curb shall be ffamm. metres unless otherwise shown. At commercial and industrial driveways, ' the thickness shall be 15o mm. 2 Sidewalk width shall be increased to: — 1.8m when adjacent to curb on major roadways — 2.4m at schools, bus stops and other high pedestrian areas. ' ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 Rev CONCRETE SIDEWALK _ _ — MODIFIED °sP ADJACENT TO Date _MAR.`1994 CURB AND GUTTER OPSD — 310.02- 10.020 ' Stop or-yield Stop or yield street street r 1 ` Expansion joints 2.5m Typ ramp Ramp slopes --- 8% max 1.5m ---- Typ o Typ I 1.5m it Typ s -------o --------of _ Expansion joint ' Curb and gutter material , Typ Curb and gutter Through street Through street -� UNSIGNALIZED INTERSECTIONS r • Ir - Bock of sidewalk Expansion joint Directional lines TO Crosswalk % Directional lines TYP o 0.3m apart and 1.5m long - min Typ Curb and gutter -------- 1.0- 1.5 1.0 ZGutter line Lp Full curb RAMP ELEVATION height 'o '•s 1.0� I Curb and gutter Finished road I surface Expansion joint material SIGNALIZED INTERSECTIONS 2.5m Back of sidewalk S100. 8%8% max 5% desirable - . min Curb and gutter Sidewalk ramp ' as specified TYPICAL RAMP SECTION NOTES: A Directional lines shall be 10x10mm made B All dimensions are in millimetres or with grooving tool having a 15mm radius. metres unless otherwise shown. ' ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 Of IRe v CONCRETE SIDEWALK RAMPS - - MOD-`- � AT INTERSECTIONS Date J�LY,�1995 OPSD F - 310.030 Sidewalk 1� I Typ 1 1 1 Note 1 I t Curb TYp Catch basin Face of curb Expansion joint TYp ' material CATCH BASIN ' Expansion joint Note 2 ' Expansion joint material Note 3 Maintenance hole UTILITY APPURTENANCE Expansion joint Note 2 41 Provide a minimum of 100mm clearance ' Pole Asphaltic concrete around pole Note 4 UTILITY POLE NOTES: 1 Expansion joint through sidewalk is 4 For portland cement concrete alternative required when curb and gutter is use expansion joint material around boxout. poured integral with sidewalk. A All dimensions are in millimetres or metres 2 Adjust joints to coincide with centre of unless otherwise shown. utility, with minimum slab length of 1m. ' 3 Expansion joint material shall be placed around maintenance holes flush with concrete surface. ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 011 Rev �,. O P UTILITY ISOLATION - - - - - - - - - - S IN SIDEWALKS Date .— - - - - _ OPSD - 310.040 Ilia• r r r Ir r r rr r r r iir Ir r i� r ilir it rr 1.0 Driveway varje` Driveway varies I t E. +n AL 'E C C D D I t �-�0.5m min Boulevard Curb and gutter A 1.5m min I Sidewalk depressed B Curb and gutter to match dropped curb for driveway entrance Sidewalk depressed FULLY DEPRESSED to match dropped curb for driveway entrance PARTIALLY DEPRESSED SIDEWALK AT DRIVEWAY ENTRANCE—PLAN - Transition section Sidewalk Transition Dropped sidewalk Dropped sidewolk ,_ Sr idewalk __ . section 4 SIDEWALK WITHOUT BOULEVARD SIDEWALK WITH BOULEVARD SECTION C—C SECTION D—D Curb and gutter •.-- 2% rnln 150mm r--Varies 4% 2% min ��- 47 � Note 1 TYP Varies SECTION B—B SECTION A—A MOD. NOTES: 1 At commercial and industrial ONTARIO PROVINCIAL STANDARD DRAWING 1993 10 01 Rev driveways the thickness shall be U501mm. — _ _ _ _ _ _ _ _ — OP A All dimensions are in millimetres SIDEWALK DRIVEWAY ENTRANCE S or metres unless otherwise shown. � Date - - - - - - DETAILS OPSD - 310.050 Ar ' [:4.09m min Sin le 6.Om min, Double j I Sidewalk 1 J. 6 o I E n t r a n c e Bculevard > ' -- Curb and gutter r Dropped curb ( Note 4 ' I 0.4 0.3m A 0.3rn 0.4 min min PLAN -- ' w lk 0.4 1 04 R ' ISOMETRIC VIEW 8y 3.0 3.0 --Jar N SW or SW and Blvd ofe SAG � SW I Blvd 6y Note 3 Note 7 4 ' � . Note ) /- Dropped curb I 47max 8� max CREST 6R� Nate 2 47., Note 2 2 B11— `'°te SECTION A—A NOTES: 1 Maximum upgrade shall be 10%. 2 Maximum downgrade shall be 8%. 3 Where boulevard width is less than 3.0m, a steeper boulevard slope is permissible. 4 Increase nearside taper to 0.8m min on 4 lane roads or wider. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1992 05 01 Rev URBAN RESIDENTIAL Date - - - _ - - ENTRANCE - - - - - - - - - - - - - - WITH BOULEVARD OPSD - 351 .01 It• � � � � � � I� l� � I� I� lllii� l� � � Illlllllil� � l� Boulevard/Sidewalk Concrete Curb and gutter, Note 2 edge restraint Concrete pavers, Note 1 Joint sand Typ ► ► 25-40mm , ► . . :�. . ► a o ' . .� '' bedding sand • . ' .° ° ' ' �. . as specified Granular base 'o and subbase as specified ° Subgrade Subdrain, Note 2 VEHICULAR NON—VEHICULAR NOTES: 1 Concrete paver thickness: — for vehicular traffic — 80mm min. — for non—vehicular traffic — 60mm min. 2 This drawing is to be read in conjunction with OPSD 200 and 600 series drawings. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev INTERLOCKING • CONCRETE PAVERS - - - - - - - - - - °sP Date _ _ ON " GRANULAR BASE . OPSD - 561 .010 a U w o Dropped curb at o 0 entrances U o Thickness U-o Typ Thickness IL of sidewalk i Finished 25 300 50 150--1 of sidewalk 25 -- 300 50 150 --{ road 0 **P N '7 T surface ?owe T1P -- �P, y —A s� o_ u P s�� t''1 M P L 3C .?, 1 .,P. 1 > Ln ' . . . •7 Note 3 N . Note ---- - 525 •- -.__.._.-- -i 50 525 50 • 1 TANGENT Additional width where sidewalk Is adjacent to curb SUPERELEVATED Typ NOTES: T Flexible pavement shall be 5mm above the adjacent edge of gutter. 2 Where sidewalk is continuously adjacent, reduce the dropped curb at entrances to 75mm. 3 For slipforming procedure, a 5% batter is acceptable. A Treatment at entrances shall conform with OPSD-351.01: LEGEND: B Outlet treatment shall conform with OPSD-610 Series. S — Rate of pavement superelevation in percent, y. C The length of transition from one curb type to another shall be 3.0m, except in conjunction with ONTARIO PROVINCIAL STANDARD DRAWING Data 71990 09 14 Rev guide rail, it shall conform to OPSD-900 Series. CONCRETE BARRIER CURB Date _ D All dimensions are millimetres WITH STANDARD GUTTER TT E R unless otherwise shown. — — — — — — — — — — — — — — FOR FLEXIBLE PAVEMENT OPSD - 600.04 r 3.8m Termination 150mm min Curb and z gutter t 0 ,i I ' o ° Gutter line I i If PLAN n � 225 �-- N END VIEW ELEVATION MOUNTABLE CURB AND GUTTER ' Curb and gutter 3.8m Termination 150mm I min 1 1 u � 1 Gutter or z lt' l curb line PLAN varies I-- N END VIEW ' ----------------------- f ' ELEVATION ' BARRIER AND SEMI—MOUNTABLE CURB AND GUTTER NOTES: 1 Slope to match existing shoulder. A This drawing is to be read in conjunction with OPSD-600 series curb and gutter drawings. ' B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 11991 12 161 Rev 1 2 i ' Date METHOD OF TERMINATION I FOR CONCRETE CURB AND GUTTER OPSD — 608.0 r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL97-23 ■ OPS GENERAL CONDITIONS OF CONTRACT (August 1990) ONTARIO Ontario PROVINCIAL_ ' STANDARDS August 1990 GENERAL CONDRIONS OF CONTRACT MEA TABLE OF CONTENTS ' Section Title Page Section Title GC 1 INTERPRETATION 1 GC 3.10 Subcontracting by the Contractor 11 GC1 .01 Captions .11 Changes In the Work, Extra .02 Abbreviations Work, and Additional Work 12 .03 Gender and Singular References 04 Definitions GC 3.11.01 Changes in the Work .05 Substantial Performance 4 .02 Extra Work .06 Completion .03 Additional Work .07 Final Acceptance 5 ' 08 Interpretation of Certain Words GC 3.12 Notices .13 Use and Occupancy of the Work Prior to Substantial GC 2 CONTRACT DOCUMENTS 7 Performance ' .14 Claims, Negotiations GC 2.01 Reliance on Contract Disputes 13 Documents 02 Order of Precedence GC 3.14.01 Claims Procedure .02 Negotiations GC 3 ADMINISTRATION OF .03 Continuance of the Work ' THE CONTRACT 9 .04 Record Keeping .05 Disputes GC 3.01 Contract Administrator's .06 Payment Authority .07 Rights of Both Parties 02 Working Drawings 10 .03 Right of the Contract GC 3.15 Engineering Arbitration 14 Administrator to Modify Methods and Equipment GC 3.15.01 The Conditions for .04 Emergency Situations Engineering Arbitration .05 Layout .02 Arbitration Procedure .06 Working Area .03 Form and Appointment of ' 07 Extension of Contract Arbitration Board Time 11 .04 Costs .08 Delays .05 The Award .09 Assignment of Contract .06 Hearing lection Title Page Section Too Page GC 4 OWNER'S RIGHTS AND GC 6.03.05.01 Property Insurance 20 RESPONSIBILITIES 15 .02 Boiler Insurance .03 Use and Occupancy of IC 4 .01 Working Area the Work Prior to .02 Disposal of Materials Completion 21 03 Construction Affecting .04 Payment for Loss or Railway Property Damage .04 Default by the Contractor .05 Notification of Default GC 6.03.06 Contractors' Equipment .06 Contractor's Right to Insurance Correct a Default .07 Insurance Requirements .07 Owner's Right to Correct and Duration ' Default .08 Termination of GC 6.04 Bonding 22 Contractor's Right to Continue the Work GC 7 CONTRACTOR'S RESPONSI- ' .09 Final Payment to BILITIES AND CONTROL Contractor 16 OF THE WORK 23 .10 Termination of the Contract GC 7.01 General .11 Continuation of .02 Layout Contractor's Obligations .03 Damage by Vehicles or .12 Use of Performance Bond Other Equipment 24 .04 Excess Loading of Motor �C 5 MATERIAL 17 Vehicles .05 Condition of the Working GC 5.01 Supply of Material Area .02 Quality of Material 06 Maintaining Roadways and .03 Rejected Material Detours .04 Substitutions .07 Access to Properties .05 Owner Supplied Material Adjoining the Work and Interruption of Utility 5.05.01 Ordering of Excess Services 25 Material .08 Approvals and Permits .02 Care of Material 18 .09 Suspension of Work .10 Contractor's Right to C 6 INSURANCE, PROTECTION Stop the Work or AND DAMAGE 19 Terminate the Contract .11 Notices by the Contractor 26 1 6.01 Protection of Work. .12 Obstructions Persons and Property .13 Limitations of Operations .02 Indemnification .14 Cleaning Up Before .03 Contractor's Insurance Acceptance .15 Warranty 27 C 6.03.01 General .02 General Liability Insurance 20 GC 8 MEASUREMENT AND .03 Automobile Liability PAYMENT 29 Insurance .04 Aircraft and Watercraft GC 8.01 Measurement Liability Insurance .05 Property and Boiler GC 8.01.01 Quantities Insurance .02 Variations In Tender Quantities ii Section Tithe Page Section Title Raw GC 8.02 Payment 29 .10 Interest for Negotiations ' GC 8.0201 Price for Worts and Claims .02 Advance Payments for .11 Owner's Setoff 33 Material .12 Delay in Payment .03 Certification and Payment 30 ' GC 8.02.04 Payment on a Time and Material Basis GC 8.0203.01 Progress Payment Certificate GC 8.0204.01 Definitions .02 Certification of Sub- .02 . Daily Work Records 34 contract Completion .03 Payment for Work .03 Subcontract Statutory .04 Payment for labour Holdback Release .05 Payment for Material ' Certificate and Payment .06 Payment for Equipment .04 Certification of Substantial Performance 31 GC 8.02.04.06.01 Working Time .05 Substantial Performance .02 Standby Time Payment and Statutory Holdback Release Payment GC 8.0204.07 Payment for Hand Tools 35 Certificates .08 Payment for Work by .06 Certification of Subcontractors Completion 32 .09 Submission of Invoices .07 Completion Payment and Statutory Holdback GC 8.0205 Final Acceptance Release Payment Certificate Certificates .06 Payment of Workers .08 Interest .07 Records .09 Interest for Late .08 Taxes and Duties 36 Payment .09 Liquidated Damages l� iii UOntario August iggo Ontario Provincial 1 Standard MEA GENERAL CONDITIONS OF CONTRACT SECTION GC1 INTERPRETATION 1.01 Captions GC1.04 Definitions captions appearing in these general conditions For the purposes of this Contract the following 3 been inserted as a matter of convenience and for definitions apply: 3 of reference only and In no way define, limit or rge the scope or meaning of the general conditions *Access Road" means a private road built or existing ny provision hereof. road used by the Contractor to gain access to the Work or to a source of material. ..OQ Abbreviations 'Adjusted Plan Quantity' means a Plan Quantity which abbreviations listed on the left below are has been adjusted for any-or all of the following: a imonly found in the Contract Documents and mistake in calculation, approved addition, or an asent the organizations and phrases listed on the approved deletion. *Actual Measurement" means the field measurement of ' 'HT01 -American Association of that quantity within the approved Limits of the Work -HO' I State Highway Transportation Officials ;i• - American National Standards Institute 'Additional Work' means work not provided for in the -0' - Association of Professional Engineers Contract and not considered by the Contract ' Ontario Administrator to be essential to the satisfactory lul• - American Society for Testing and completion of the Contract within its intended scope. Materials ' a - American Wire Gauge 'Base" means a layer of material of specified type and VHA• - American Water Works Association thickness placed-immediately-below, the pavemerft;' W - Canadian Engineering Standards driving surface, finished grade, curb and gutter or Association sidewalk ' 38" - Canadian General Standards Board V - Canadian Standards Association B• - Canadian Welding Bureau 'Change in the Work" means the deletion, extension, - General Conditions increase, decrease or alteration of lines, grades, - Ontario Provincial Standard dimensions,quantities,methods,drawings,changes in ;;S" - Ontario Provincial Standard the character of the work to be done or materials of the Specification Work or part thereof,within the intended scope of the D' - Ontario Provincial Standard Drawing Contract. - Ministry of the Environment (Ontario) Y` - Ministry of Transportation.(Ontario) •Change Order" means a written order to the f Contractor covering contingencies, Extra Work, ' TCD• - Manual of Uniform Traffic Control increase or decrease in Contract quantities and Devices, published by MTO additions or alterations to the plans or specifications, - Society of Automotive Engineers within the scope of the Contract and establishing the V - Structural Steel Painting Council basis of payment and the time allowed for the ' - Underwriters Laboratories adjustment of the Contract Time. Means also, written - Underwriters Laboratories Canada authorization covering Additional Work ' .03 Gender and Singular References 'Completion Certificate" means the certificate issued by the Contract Administrator at completion, renoes to the masculine or singular throughout the rad Documents shall be considered to include the 'Construction Signs" mean all traffic control devices Ane and the plural and vice versa as the context and signs, including vehicles, trailers, and the like, aes. provided to support signs, and equipment to supply l 'i,but excluding Contrail identification signs and description and quantities of material utilized. ry number markers,all as may be described CD. •Day' means a calendar day. x' means, for the purposes of, and within "Drawings•or•Plans• mean any Contract Drawings or ' g of the Occupational Health and Safety Act, Contract Plans or any Working Drawings or Working ;0, c. 321 and amendments thereto, the Plans, or any reproductions of drawings or plans ' who executes the Contract pertaining to the Work. dministrator"means the person,partnership 'Earth Grade, means the earth surface,whether in cut tion designated by the Owner to be the or fill, as prepared for the Base or Subbase. spresentative- for the purposes of the 'Engineer' means a professional engineer licensed by the Association of Professional Engineers of Ontario to means the undertaking by the Owner and practice in the Province of Ontario. Ictor to perform their respective duties, .ties and obngatiogs..-.as..prescdbed::in the . 'Equipment" means all machinery,and equipment used ocuments. for preparing, fabricating, conveying or erecting the Work and normally referred to as construction rocuments' mean the executed Agreement machinery and equipment. a Owner and the Contractor.the Tender,the and Lions of Contract, the Supplemental 'Estimate' means a calculation of the quantity or cost ' Conditions of Contract. Standard of the Work or part of it depending on the context. its,Special Provisions..Contract Drawings, corporatecd in a Contract Document before 'Extra Work' means work not provided for in the xt of the Agreement,such other documents Contract'as awarded but considered by the Contract ' listed In the Agreement and subsequent Administrator essential to the satisfactory completion of is to the Contrail Documents made the Contract within its intended scope. the provisions of the Agreement. 'Final Acceptance Certificate" means the certificate ' Drawings' or 'Contract Plans• mean issued by the Contract Administrator at Final r plans provided by the Owner for the Work Acceptance. t limiting the generality thereof may include , es. foundation Investigation reports, 'Final Detailed Statement" means a complete steel schedules, aggregate sources lists, evaluation prepared by the Contract Administrator :ets,cross-sections and standard drawings. showing the quantities, unit prices and final dollar amounts of all Items of work completed under the means the person, partnership or Contract,including variations In tender items and Extra undertaking the Work as Identified in the Work, and set out in the same general form as the monthly estimates. lme" means the: time stipulated in the 'Final.Quantity" means that quantity used in the Final ' )cements for Substantial Performance of the Detailed Statement. ding any extension of Contract Time made the Contract Documents. "Force Account' See'Time and Material". , Operation* means any component of the 'Grade* means the required elevation of work. I If delayed,will delay the completion of the *Grade Line• means a reference One representing the Grade in profile or longitudinal section established for See'Time and Material'. the control of work V means the date up to which payment 'Hand Tools• means tools that are commonly called •e for work performed. tools or Implements of the trade and include small power tools. Individually a tool win be considered as k Records• mean daily records kept a Hand Tool where the maximum cost is$250. a number and categories of workers and ad or on standby; types and quantities of 'Haul Road means any public road excluding the and number of hours in use or on standby; road under contract, which forms part of a materials i 1 ' 3 ' I route. 'Profile Grade' means the required elevation of the surface of the Base. ihway'. means a common and Iwo highway any : of which is Intended for or used by the general 'Quantity Sheet' means a kst of the quantities of work 4c for the passage of vehicles and Includes the to be done. a between the lateral property pr►es therect.- 'Rate(s) of Interest' means the rate(s) determined by ' pector' means any person, partnership or the Treasurer of Ontario and Issued by, and available 3oration appointed by the Contract Administrator to from,the Owner. ddpate In the inspection of the Work and the dal to be used In the Worts. 'Records' mean any books, payrolls, accounts or other information which relate to the Work or any Sour and Material Payment Bond' means the type : Change In the Work or claims arising therefrom security furnished to the Owner to guarantee merit of prescribed debts of the Contractor covered 'Road Allowance' means the lands acquired at any fie bond. time for use as a Highway. np Sum Item' .means_a.tender.Item:Indicating a *Roadbed' means that:•part-of .the..Work which is :ion of the Work for:which.payment will be made at designed to support the.wearing surface and shoulders ' ngle tendered price. Payment Is not based on a of the Roadway. inured quantity, although a quantity may be given to Contract Documents. 'Roadway' means that part of the Highway designed ' or intended for use by vehicular traffic and includes the shoulders. jor Item' means any tender Item that has a value, Mated on the basis of its actual or estimated tender 'Rock Grade' means the rock surface,whether In cut ntity whichever is the larger,multiplied by its tender or fill, which has been prepared for the Base or price,which Is equal to or greater than the lesser Subbase. 'Shoulder' means that portion of the Roadway ' $100,000, or between the edge of the wearing surface and the top inside edge of the ditch or fill slope. 5% of the total tender value calculated on the basis of the total of all the estimated tender 'Special Provisions- mean special directions quantities and the tender ur*prices containing requirements peculiar to the Work "Standard Specification' means a standard practice tedar means material,machinery, equipment and required and stipulated by the Owner for performance was forming part of the Work. of the work. ner' means the party to the Contract for whom the 'Subbase':means a layer of material of specified type k is being performed, as Identified In the and thickness between the Subgrade and the Base. cement,and includes,with the same meaning and ort,'Authority'. 'Subcontractor means a person, partnership or corporation undertaking the execution of a part of the mmenr means a wearing course or courses Work by virtue of an agreement with the Contractor. *d on the Roadway and consisting of asphaltic crate, hydraulic cement concrete, or plartt or road 'Subgrade'means the Earth Grade or Rock Grade. A mulch. `Substructure' means all of that part of a structure formance Bond" means the type of security below: the bearings of single and continuous spans, fished to the Owner to guarantee completion of the skewbacks of arches and tops of footings of rigid ' k In accordance with the Contract and to the extent frames, including backwails, wingwalis and wing sided In the bond. protection railings. ' n OuantW means that quantity as computed from in the boundary lines of the Work as shown In the 'Superintendent' means the Contractor's authorized :tract Documents. representative in responsible charge of the Work. xure' means all that part of a structure (i) non-delivery of Owner supplied materials } ' e bearing seat of single and continuous wbacks of arches and tops of footings of w any cause beyond the reasonable control s, excluding backwalls,wingwalis and wing of the Contractor which can be railings. substantiated by the Contractor to the satisfaction of the Contract Administrator. ears the person,partnership or corporation, the Contractor, executing a bond provided 'Working Drawings" or 'Working Plaits' means any ' nractor. Drawings or Plans prepared by the Contractor for the execution of-the Work and may, without limiting the Matedar means costs calculated according generality thereof, include falsework plans, roadway ' 3C8.02.04, Payment on a Time and Material protection plans, shop drawings, shop plans or 'sere 'Cost Plus' and 'Force Account' are erection diagrams. shall have the same meaning. GC1.05 Substantial Performance tans a facility maintained by a municipality, ity. authority or regulated authority and. 01). . The Work-Is-substantially-perfonmed,. 3nitary sewer, storm sewer, water, electric, telephone and cable television services. (a) when the Work to be performed under the ' Contract or a substantial part thereof is ready 'eriod' means the period of 12 months from for use or is being used for the purpose d substantial performance or such longer intended; and ' may be speed for certain materials or tre a date of substantial performance is not (b) when the Work to be performed under the J. the warranty period shall commence on Contract is capable of completion or, where completion. there is a known defect,corrWkm,at a cost of not more than tans the total construction and related quired by the Contract Documents. @ 3% of the first $500,000 of the contract ,area" means all the lands and easements price, acquired by the Owner for the construction (i) 2% of the next $500,000 of the contract K. price, and )ay'means any Day (110 1%of the balance of the contract price. !pt Saturdays, Sundays and statutory 02) For the purposes of this Contract where the says; Work or a substantial part thereof is ready for use or is ' being used for the purposes.•intended and the :pt a Day as determined by the Contract remainder of- the Work cannot be completed inistra lor, on which the Contractor is expeditiously for reasons beyond.the control of the ented by Inclement weather..or conditions Contractor or. where the Owner-and the.-Contractor itktg immediately therefrom,from proceeding agree not to complete the Work expeditiously,the price a Controlling Operation. For the purposes of the services or materials remaining to be supplied is definition,this will be a Day during which and required to complete the Work shall be deducted 'o(ttractor cannot proceed with at least 60% from the contract price in determining substantial rte normal labour and equipment force performance., Lively engaged on the Controlling Operation t least 5 hours; GC1.06 Completion .pt a Day on which the Contractor Is 01) The Work shall be deemed to be completed ented from proceeding with the Controlling and services or materials shall be deemed to be last ' ration, as determined by the Contract supplied to the Work when the price of completion, :inistrator by reason of: correction of a known defect or last supply is not more than the lesser of any breach of Contract or prevention by ' the Owner,by any other Contractor of the (a) 1% of the contract price;or Owner or by any employee of any one of y them, (b) $1,000, r 5 r 107 Final Acceptance GC1.08 la pretation of Certain Words 01) Thewords•acceptable'.'approval.%LdmdzeW, Final Acceptance shall be deemed to occur *considered necessary', •directed•, "required-. r m the Contract Administrator Is satisfied that to the 'satisfactory'. or words of Ike import, shag mean I of the Contract Administrators knowledge at that approvai of.directed, required. considered necessary 3,the Contractor has rectified all imperfect work and or authorized by and acceptable or satisfactory to the •discharged all of the Contractors obligations under Contract Administrator unless the context dearly Contract Indicates otherwise. r t r r r . r r r r r r r r r r ' 7 ' SECTION GC2 CONTRACT DOCUMENTS August 1990 X01 Reliance on Contract n Working Drawings Documents Later dates shall govern within each of the above 1 The Owner warrants that the information categories of documents. nished in the Contract Documents can be relied on with the following limitations or exceptions: 02) In the event of any conflict among or Inconsistency in the information shown on Drawings, ' The kxxdion of all mainline underground utilities the following rules shall apply: which will affect the Work will be shown to a tolerance of (a) Dimensions shown in figures on a Drawing 1 m horizontal and shall govern where they differ from dimensions 0.3 m vertical; scaled from the same Drawing; The Owner doesanot warrant-interpretations of (b) Drawings bf 1arger:scale:shall-govem over data or opinions expressed in°any°subsurface those of smaller scale; report available for the pens"of the Contractor and excluded from the Contract Documents;and (c) Detailed Drawings shall govern over general Drawings; and ' other information specifically excluded from this warranty. (d) Drawings of a later date shall govern over those of an earlier date in the same series. M.02 Omer of Precedence ' 03) In the event of any conflict in the contents of i In the event of any inconsistency or conflict in Standard Specifications the following order of : contents of the following documents, such precedence shall govern: cuments shall take precedence and govern in the 1 sowing order. (a) Ontario Provincial Standard Specifications;then Agreement (b) other standard specifications, such as those Addenda produced by CSA, CGSB, ASTM and ANSI, Special Provisions and referenced in the Ontario Provktclal Contract Drawings Standard Specifications. Standard Specifications Tender 04) The Contract Documents are complementary, Supplemental General Conditions and what is required by any one shall be as binding as General Conditions #required by alt. 9 SECTION GC:3 ADMINISTRATION OF THE CONTRACT August 1990 •01 Contract moors 09) The Contract Administrator will be. in the first Authority Instance.the Interpreter of the Contract Documents and the judge of the performance thereunder by both The Contract Administrator will be the Owners parties to the Contract.Interpretations and decisions of 3.sentative during construction and until the the Contract Administrator shall be consistent with the =e of the.Completion Certificate,or the issuance intent of the Contract Documents and in making these a Final Aceptance Certificate whichever Is later. decisions the Contract Administrator will not show rsMrdions to the Contractor Including instructions partiality to either party. the Owner will be issued by the Contrail inistrator. The Contract Administrator will have the 10) The Contract Administrator will have the 3rity to act on behalf of the Owner only to the authority to reject work or Material which does not it provided M the Contract Documents. conform to the Contract Documents. Ali claims.claims.disputes and other matters in question 11) Defective work, whether-the result of poor ng to the performance-and the quardy..4 M.Work workmanship, use.a-defective,materig'-nor damage,.,! a interpretation of the Contract Documents shall be through carelessness,or other act or-omission of the fly referred to the Contract Administrator In writing Contractor and whether incorporated In the Work or to Contractor. The Contract Administrator will give not, which has been rejected by the Contract cision in writing within a reasonable time. Administrator as failing to conform to the Contract Documents shall be removed promptly from the work The Contract Administrator will inspect the Work by the Contractor and replaced or r"xe Aed s conformity with the plans and specifications,and promptly in accordance with the Contract Documents cord the necessary data to establish payment at no additional cost to the Owner. es under the schedule of tender quantities and 3rices or to make an assessment of the value of 12) Any part of the Work destroyed or damaged by vork completed in the case of a lump sum price such removals,replacements or r"xecutkms shall be act made good, promptly, at no additional cost to the Owner. The Contract Administrator will determine the nits owing to the Contractor under the Contract vill issue certificates for payment in such amounts 13) If, in the opinion of the Contract Administrator, ' mulcted for to Section GC8. Measurement and it Is not expedient to correct defective work or work not lent. performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to The Contract Administrator will with reasonable the Contractor the difference in value between the work ip(ness review and take appropriate action upon as performed and that called for by the Contract .ontractoes submissions such as shop drawings, Documents,the amount of which will be determined in .rct data, and samples in accordance with the the first instance by the Contract Administrator. rail Documents. 14) Notwithstanding any inspections made by the The Contract.Administrator will investigate all Contract Administrator or the issuance of arty Works of a change in the character of the Work certificates or the making of any payment by the i by the Contractor and Issue appropriate Owner, the failure of the Contract Administrator to ictions. reject any defective work or Material shall not constitute acceptance of defective work or Material. The Contract Administrator will prepare Change rs for the Contractor's signature and the Owner's rral. 15) The Contract Administrator will have the authority to temporarily suspend the Work for such Upon written application by the Contractor, the reasonable time as may be necessary to facilitate the 'act Administrator and the Contractor will jointly checking of any portion of the Contractors uct an Inspection of the Work to establish the date construction layout or the Inspection of any portion of astantial performance of the Work and/or the date the Work There shall not be any extra compensation xnpletion of the Work, for this suspension of work. 1 ' 1 Working Drawings make alterations in the method. Equipment or work r force at any time the Contract Administrator considers ie Contractor shalt arrange for the preparation the Contractor's actions to be unsafe,or damaging to y Identified and dated Working Drawings as either the Work or existing facilities or the environment. x by the Contras Documents. The Contract or shall after the sequence of operations ie Contractor shall submit Working Drawings on the Contras, when requested in writing, so as to Contras Administrator with reasonable avoid interference with other work. Tess and in orderly sequence so as to not elay in the Work. If either the Contractor or the 02) Notwithstanding the foregoing, the Contractor t Administrator so requests they shall jointly shall ensure that all necessary safety precautions and a schedule fixing the dates for submission and protection are maintained throughout the Work. f Working Drawings. Working Drawings shall 'nitted in the form of prints. At the time of GC3.04 Emergency Skuatioru :loft the Contractor shall notify the Contras trator In writing-of any. deviations-from the 01).- The Contras Administrator•has-the .right -to t requirements_.that exist in. the: .Working determine the existenceV an emergency situation,and when such an emergency situation is deemed to exist, the Contras Administrator may tWrus the Contractor to Contras Administrator will review and return to take action to remedy the situation.If the Contractor i Drawings in accordance with an agreed upon does not take timely action, or if the Contractor is not e,or otherwise,with reasonable promptness so available,the Contract Administrator may direct others cause delay. to remedy the situation. rte Contras Administrator's review will be to 02) if the emergency situation was the fault of the x conformity to the design concept and for Contractor, the remedial work shall be done at the ' arrangement only and such review shall not Contractor's expense. If the emergency situation was fie Contractor of responsibility for errors or not the fault of the Contractor,the Owner will pay for ns in the Working Drawings or of responsibility the remedial work. ing all requirements of the Contras Documents ' deviation on the Working Drawings has been GC3.05 layout !d In writing by the Contras Administrator. 01) The Contract Administrator ' will provide -e Contractor shall make any changes in baselines and benchmarks for the general kxxtion, Drawings which the Contras Administrator alignment and elevation of the Work. The Owner will luire consistent with the Contras Documents be responsible only for the correctness of the rbrttit unless otherwise directed by the Contras information provided by the Contras Administrator. trator. When resubmitting,the Contractor shall ie Contras Administrator in writing of any other than those requested by the Contras GC3.06 Working Area trator. 01) The Contractor's sheds, site offices, toilets, 'ork related to the Working Drawings shall not other temporary structures and storage areas for until the Working Drawings have been signed material and equipment shall be grouped in a compact ed by the Contras Administrator and marked manner and maintained in a neat and orderly condition words 'Reviewed. Permission to construct at all times. 02) The Contractor shall confine his construction ie Contractor shall keep one set of the operations to the Working Area. Should the Contractor i Working Drawings, marked as above, at the require more space than that shown on the Contras I times. Drawings.the Contractor shalt obtain such space at no additional cost to the Owner. Right of the ContrM Admkrator to Modify Methods 03) The Contractor shall not enter upon or occupy and Equipment any tote Property for any purpose, unless the Contractor has received prior written permission from ie Contractor shall,when requested M writing, the property owner. 1 , 1 11 A Extension of Contract Time weather, the Contractor shall, with the Contractor's Envitawnent Canada An application for an extension of Contract Time in support of such appl�io�lxdension of Contras be made in writing by the Contractor to the Time will be granted in accordance with subsection act Administraor as soon as the need for such GC3.07. Extension of Contract Tine. slon becomes evkk"and at least 15 days prior expiration of the Contract Tame. The application 02) if the Work is delayed by labour disputes, extension of Contract Trine shall enumerate the strikes or lock-outs - including lock-outs decreed or ns, and state the length of extension required. recommended to Its members by a recognized contractor's association, of which the Contractor is a Circumstances suitable for consideration include member or to which the Contractor is otherwise bound tkowing: -which are beyond the Contractor's control,then the Contract Time shalt be extended In accordance with Delays; See subsection GC3.08. subsection GC3.07,Extension of Contract Time. In no Changes In the Work;See clause GC3.11.01. case shall the extension of Contract lime be less than Extra Work;See clause GC3.11.02. the time lost as the result of the event causing the Additional Work; See clause GC3.11.03. delay, unless a shorter extension.Is agreed to by the Contractor. The Contractor shall not be entitled to The Contract Administrator will,in considering an paymentfor costs incurred-as-the resutbof-such delays ation for an extension to the Contract Time.take unless such delays are-the result.of actions of the mount whether the delays,Changes in the Work, Owner. Work or Additional Work involve a Controlling ' iron GC3.09 Assignment of Contract The Contract Time shall be extended for such 01) The Contractor shall not assign the Contract, mal time as may be recommended by the either in whole or in part,without the written consent of ict Admin strator and deemed fair and reasonable the Owner. Owner. The terns and conditions of the Contract shall GC3.10 Subcontracting by the ue for such extension of Contract Time. Contractor �8 Delays 01) The Contractor may subcontrad any part of the Work, subject to these General Conditions and any If the Contractor Is delayed in the performance limitations established by the Owner. Work by 02) The Contractor shall notify the Contract war, blockades, and civil commotions,errors in Administrator,in writing,of the intention to subcontract the Contract Documents; an act or omission of Such notification shall Identify the part of the Work,and the Owner, Contract Administrates, other the Subcontractor with:whom.t Is intended contractors,or anyone employed or engaged by them directly or indirectly, contrary to the 03) The Contract Administrator wi(l, within 10 days provisions of the..Contract.Documents; or of receipt of such notification, accept.or reject the intended Subcontractor. The rejection will be in writing a stop work order issued by a court or public and will Include the reasons for the rejection. authority, provided that such order was not issued as the result of an act or omission of the 04) The Contractor shall not, without the written Contractor or anyone employed or engaged by consent of the Owner, change a Subcontractor who 1 the Contractor directly or indirectly; or has been engaged in accordance with this General Condition. Me Contract Administrator giving notice under subsection GC7.09, Suspension of Work;or 05) The Contractor shall preserve and protect the rights of the parties under the Contract with respect to abnormal Inclement weather; the work to be performed under subcontract and shall le Contractor shall be reimbursed by the Owner (a) enter Into agreements with the Intended sortable costs incurred by the Contractor as the Subcontractors to require them to perform their of such delay, provided that In the case of an work In accordance with the Contract jtion for an extension due to abnormal inclement Documents; and i ' i s fully responsible to the Owner for acts and Disputes or payment may be made according lions of the Contractor's Subcontractors conditions contained to c Payment GC8.02.04 ayrne�M pn of persons directly or indirectly employed a Time and Material Basis. em as for acts and omissions of persons My employed by the Contractor. GC3.11.03 Additional Work per a subcontracting, nor the Owner's 01) The Owner,or Contract Administrator where so a subcontracting by the Contractor,shall be authorized, may request the Contractor to perform o relieve the Contractor from any obligation Additional Work without invalidating the Contract, if the :ontract or to Impose any liability upon the Contractor agrees to perform Additional Work, the thing contained In the Contract Documents Contractor shall proceed with such work upon receipt e a contractual relationship between a of a Change Order. xor and the Owner. 02) The Contractor may apply for an extension of Changes In the Work, Extra Contract Time according to the terms of subsection Work and Adcltionai Work GC3.07, Extension of Contract Time. Changes in the Work 03) . Payment ..for. _the_.Additional. Work may, be negotiated pursuant to subsection.GC3.14, Claims, Jwner,or the Contract Administrator where Negotiations. Disputes, or payment may be made i ed,may,by order in writing,make Changes according to -the conditions contained in clause 1c without invalidating the Contract. The GC8.02.04, Payment on a Time and Material Basis. shall not be required to proceed with a , he Work until in receipt of a Change Order. GC3.12 Notices aceipt of such written order the Contractor ed with the work. 01) Any notice permitted or required to be given to the Contract Administrator or the Superintendent in Contractor may apply for an extension of respect of the Work shall be deemed to have been me according to the terms of subsection given to and received by the addressee on the date of tension of Contract Time. delivery It delivered by hand or by facsimile ' transmission and on the fifth day after the date of s Changes in the Work relate solely to mailing if sent by mail. payment for the work will be made to the conditions specified In clause 02) The Contractor and the Owner shall provide , Variations in Tender Quantities. If the each other with the mailing addresses, telephone the Work do not solely relate to quantities, numbers and facsimile terminal numbers for the gay be negotiated pursuant to subsection Contract Administrator and the Superintendent at the aims, Negotiations, Disputes or payment commencement of the Work. to according to the conditions contained in 3.02.04, Payment on a Time and Material 03) In the event of an emergency situation or other urgent matter the Contract Administrator or- the Superintendent may give a verbal notice,provided that Extra Work such notice Is confirmed In writing. 04) Any notice permitted or required to be given to 3wner, or Contract Administrator where so the Owner or the Contractor shall be given in may Instruct the Contractor to perform accordance with the notice provision of the Agreement without Invalidating the Contract. The shall not be required to proceed with the GC3.13 Use and Occupancy of the Work until In receipt of a Change Order. Upon Prior to Substantial Performance e written order the Contractor shall proceed Irk. 01) Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy :;&tractor may apply for an extension of the Work or any part thereof prior to substantial me according to the.terms of subsection - performance, provided that at least 30 days written tension of Contract Time. notice has been given to the Contractor sent for the Extra Work may be negotiated 02) The use or occupancy of the work or any part subsection GC3.14,Claims, Negotiations, thereof by the Owner prior to substantial performance 13 not constitute an acceptance of the Work or parts Material basis In accordance with clause CIM0204 xxupied. In addition,the use or occupancy of the Payment on a Time and Material Basis, the dispute shall not relieve the Contractor or the may be resolved as described In louse GC3.14.05, rector's Surety from any liability that has arisen,or Disputes. arise, from the performance of the Work In nlance with the Contract Doc umix . The Owner GC3.14.03 Continuance of the Work oe responsible for any damage that occurs use of the Owner's use or occupancy. Such use 01) The Contract Administrator will give such xxupancy of any part of the Work by the Owner instructions as are necessary for continuation of the not waive the Owner's right to charge the Work to prevent any delays. It is understood that by ractor liquidated damages in accordance with the so doing neither party to the Contract win jeopardize of the Contract. any claim it may have. 14 Claims, Negotiation% Disputes GC3.14.04 Record Keeping 14.01 Claims Procedure 01) Immediately..upon commencing work which The Contractor...shall_give..Dral..Aotice..of.any . .. .:.may result to a claim.the-Contractor�shan-keep-Daily.. Ion which may -lead•to a claim 4or•additional -Work Records,during the course of the work,sufficient rent immediately upon becoming aware of the to substantiate-the Contractor's lain%and the Contract ton. Administrator will keep Daily Work Records to be used In assessing the Contractor's corn. an in accordance The Contractor shall provide written notice in the with clause GC8.0207. Records. Mid form'Notice of Intent to Claim'within 7 days a commencement of any work which may be 02) The Contractor and the Contract Administrator -ed by the situation. shall reconcile their respective Daily Work Records on a weekly basis, to simplify review of the claim, when The Contractor shall submit claims not later than submitted. Ws-M exceptional cases this may be Increased naximum of 180 days, but subject to approval in 03) The keeping of Daily Work Records by the g from the Contract Administrator-after.the date Contract Administrator or the reconciling of such Daily 3stantial performance,identifying the tern or Items Work Records with-those of the Contractor shall not be sped of which the claim arises, stating the construed to be acceptance of the claim. ids upon which the claim is made and submitting acords maintained by the Contractor supporting GC3.14.05 Disputes claim. 01) Disputes may be settled by procedures already The Contract Administrator may request the established by the Owner or where both parties agree, actor to submit such further.and other particulars a dispute may be . submitted to arbitration In a Contract Administrator considers necessary to accordance with the provisions-of-subsection GC3.15, ;s the claim and the Contractor shall submit the Engineering Arbitration: Where--both:parties cannot csted Information within 30 days. agree,.then.the appropriate..judictal.tribunal may be used. Within 60 days of receipt of the detailed claim, all supporting documentation, the Contract GC3.14.06 Payment niWMor will advise the Contractor, In writing, of ortract Adminor's opinion with regard to the 01) Payment of the claim will be made not later than ,y of the claim. 30 days after the date of resolution'of the claim or dispute. Such payment will be made according to the 14.02 Negotiations terms of Section.GC8. Measurement and Payment. Should the Contractor disagree with the opinion GC3.14.07 Rights of Both Parties In paragraph 05) of clause GC3.14.01, Claims idure, with respect to any part of the claim, the 01) it is agreed that no action taken under this act Administrator will enter into negotiations with subsection by either party shall be construed as a ontractor to resolve the matters in dispute.,Where renunciation or waiver of any of the rights or recourses Iottiated settlement cannot be reached and it is available to the parties,provided that the requirements d that payment cannot be made on a lime and set out in this subsection are fulfilled. Engineering Arbitration the Contract nor In either t party's business and shall not be employed by either party. 11 The Conditions for Engineering Arbitration 04) The decisions of two arbitrators shall bind the third. Where there Is no agreement between two e following conditions must be established arbitrators the decision of the chairman will be final. r arbitration can proceed: , jispute between the parties must exist; 05) The board may appoint experts to assist it. 06) The board Is not bound by the rules of e parties must agree to refer the dispute for evidence which govem the trial of cases In court but cision according to the procedure following; may hear and consider any evidence which it d considers relevant. e parties must agree to be_bound by the _. GC3.15.04 Costs -ard of the arbitrators. 2 Arbitration P Oa) Each party shall.pay.the-cost of ks.appointee. ie following provisions are to be included in 02) The fee for the chairman will be shared equally. 1 !meat to arbitrate and are subject only to such 03) The fees of any experts appointed to assist the appeal as exist where the arbitrators have board shall be shared equally. I their jurisdiction or have otherwise 3d themselves: 04) The fees of any other person(s) appointed to ' existing actions in respect of the matters assist the board will be shared equally. der arbitration will be stayed pending 05) The Owner will provide accommodation for the Titration; hearing 16 the Owner's facilities, and where this Is not possible,will share in the cost of obtaining appropriate outstanding claims and matters to be settled facilities. +to be set out In a schedule to the agreement. dy such claims and matters as are in the 06) The board will have no power to award costs iedule will be arbitrated;and except where one of the parties fags to attend a hearing and it Is necessary to adjourn until another fore proceeding with the arbitration, the date. In such case,the board may require the absent ntractor shall confirm' that all matters In party to bear the costs of the adjourned hearing. pute are set out in the schedule. 3 Form and Appointment of GC3.15.05 The Award Arbitration Board 01) The award will.be made within 90 days of the ' 3 board shall. be...composed....of three conclusion of the hearing unless the board extends the time for making the award. The time shall not be extended beyond 180 days from the date of the a appointed by the Contractor. appointment without the consent of both parties. 3 appointed by the Owner, and Where the award is not made within these time limits 3 to be appointed by the first two and who the parties may proceed to court or continue their ill act as chairman. existing actions. , sole arbitrator may adjudicate the dispute xessly agreed by the Contractor and Owner. GC3.15.06 Hearing 01) The hearing will commence within 90 days of oointees shall not be Interested financially in the appointment of the chairman. - i i 15 ' SECTION GC4 OWNERS RESPONSIMMES AND RIGHTS August 1990 At Working Area the default within 5 Working Days. The Owner will acquire all property rights which GC4.06 Contractors Right to Correct a deemed necessary by the Owner for the Default inxxion of the Work Including temporary working ments and will indicate the full extent of the 01) The Contractor shall have the,right within the 5 Area on the Contract Drawings. full Working Days following the receipt of a notice of default to correct the default and provide the Owner .02 Management and Disposition of with satisfactory proof that appropriate corrective _ Materials measures have been taken. The Owner will identity In the Contract Document 02) If the correction of the default cannot be Materials to be moved within or_renxwed-.from the .•:completed •within.the'=5=fuq Wodd ng"-Days-following. Ong Area, and .any.:characteristics-.of.:those.•_ receipt of the notice'.71he-Contrac tor::shan:not Abe in-,w vials which will necessitate special materials default if the Contractor 3gement and disposition. (a) commences the correction of the default within The Owner will be responsible for any additional the 5 full Working Days following receipt of the of removing,management and disposition of any notice; vial not Identified in the Contract Documents, or e conditions exist that could not have been (b) provides the Owner with an acceptable mably foreseen at the time of tendering. schedule for the progress of such correction; and .03 Construction Affecting Railway Property (c) completes the correction in accordance with such schedule. The Owner will pay the costs of all flagging and traffic control measures required and provided by GC4.07 Owner's Right to Con+ect Default Away company. 01) If the Contractor fails to correct the default 1 within the time specified in subsection-GC4.06, 04 Default by the Contractor Contractor's Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other The Contractor shall be in default of the Contract right or remedy the Owner may have,may correct such default and deduct the cost thereof,as certified by the . Contract Administrator;;from!--any payment then or the Contractor falls to commence the Work or thereafter due to the Contractor. execute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree;or GC4.08 Termination of Contractor's Right to Continue the work If the.Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors 01) Where the Contractor fails to correct a default because of insolvency or If a receiver Is within the time speed in subsection GC4.06, appointed because of insolvency. Contractor's Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other 05 NoMation of Default right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or The Owner will give written notice of a default to in part by giving written notice to the Contractor. ontractor as soon as the Owner becomes aware 3 alleged default but failure to give such notice In 02) If the Owner terminates the Contractor's right to ely.way shall not constitute condonation of the continue with the Work in whole or In part,the Owner Ill. The notice will Include Instructions to correct will be entitled to i 1 ,Possession of the Working Area or that withheld from the Contractor under subsection GC4.08. ion of the Working Area devoted to that part Termination of the Contractor's Right to Continue the ie Work terminated; Work,the Owner will pay the balance to the Contractor as soon as the final accounting for the Contract is -e the Contractors Equipment and any complete. axial within the Working Area which Is coded to be irxorporated Into the Work, the fe subject to the right of third parties; GC4.10 Termination of the Contact hold further payments to the Contractor with 01) Where the Contractor Is In default of the sect to the Work or the portion of the Work Contract the Owner may,without prejudice to any other drawn from the Contractor until the Work or right or remedy the owner may have, terminate the ion thereof withdrawn is completed; Contract by giving written notice of termination to the Contractor, the Surety and arty trustee or receiver -ge the Contractor_the.additional.cost over. acting on behalf of the Contractor's estate or creditors. contract price of completing the Work. or .on thereof withdrawn from the Contractor, adirted by the Contract Administrator and 02) If the Owner elects to terminate the COMM the , additional compensation paid to the Owner will provide the Contractor and the trustee or tract Adrdntstrator for such additional receiver with a complete accounting to the date of ' ice arising from the correction of the default; termination. ' ge the Contractor a reasonable allowance, etermined by the Contract Administrator,to GC4.11 Continuation of Contractors Ir correction to the Work performed by the Obi Tactor that may be required under .action GC7.15,Warranty; 01) The Contractors obligation under the Contract as to quality. correction and warranty of the Work ge the Contractor for any damages the performed prior to the time of termination of the or may have sustained as a result of the Contract or termination of the Contractors right to ilt; and continue with the Work In whole or In part shall 2e the Contractor the amount by which the continue to be In force after such termination. Of corrections to the Work under ection GC7.15, Warranty, exceeds the GC4.12 Use of Pedormaixo Bond 'anoe provided for such corrections. 01) If the Contractor is in default of the Contract and Final Payrra3nt to Contractor the Contractor has.provideda Performance Bond,the Provisions of this Section shalt be exercised in Owners Cost to correct and complete the accordance with the conditions of the Performance ole or In part is less than the amount Bond. i i i 17 SECTION GC5 MATERIAL August 1990 5.01 Supply of Material work site expeditiously after the r0ificatim to that ' effect from the Contract Administrator Where the AN Material necessary for the proper completion Contractor fails to comply with such notice the ie Work,except that listed as being supplied by the Contract Administrator may cause the rejected Material ' ner, sW be supplied by the Contractor. The to be removed from the site and disposed of in what tract prices for the appropriate tender items shalt be the Contract Administrator considers to be the most +med to Include full compensation for the supply of appropriate manner and the Contractor shall pay the h Material, costs of disposal and the appropriate. overhead ' charges. 5.02 Quality of Material GC5.04 Substitutions Ali Material provided by the Contractor shall be r. 01) Where the specifications require the Contractor to supply a Material designated by a trade or other Material supplied. by .the..:Contractor...shall name, the tender shall-be based only upon supply of - form to the requirements of the Contract. the Material so designated,•which-shall be regarded as the standard of quality required by the spedfica Lion. As specified or as requested by the Contract After the acceptance of a tender, the Contractor may ninWrator,the Contractor shall make available for apply to the Contract Administrator to substitute section or testing a sample of any Material to be another Material identified by a different trade or other Aded by the Contractor. name for the Material designated as aforesaid. The application shall be in writing and shall state the price The Contractor shall obtain, for the Contract for the proposed substitute Material designated as ninistrator the right to enter upon the premises of aforesaid, and such other Information as the Contract Material manufacturer or supplier to carry out such Administrator may require. section, sampling and testing as specified or as jested by the Contract Administrator. 02) Rulings on a proposed substitution will not be made prior to the acceptance of a tender. The Contractor shall notify the Contract Substitutions shall not be made without the prior ninistrator of the sources of supply sufficiently in approval of the Contract Administrator. The approval ante of the Material shipping dates to enable the or rejection of a proposed substitution will be made at Bract Administrator to perform the required the discretion of the Contract Administrator. *ctkx% sampling and testing. 03) If the proposed substitution Is approved by the The Owner will not be responsible for any delays Contract Administrator,the Contractor shall be entitled he Contractors operations where the Contractor to the first $1000:af the-:aggregate.saving In cost by to give sufficient advance notice to the Contract reason of such substitution-and 'to 50% of any ' .1nistrator to enable-the Contract Administrator to additional saving in cost-Im-exc:ess:of such $1000. y out the required inspection,sampling and testing Each- such approval..shalt be=-conveyed to the we the scheduled shipping dates. Contractor In writing or by issuance ot a Certificate Of Equality on the Owners standard form of'Ceriifi XWM The Contractor shall not change the source of of Equality'and If any adjustment to the contract price ply of any Material without the written authorization is made by reason of such substitution a Contract ie Contract Administrator. Change Order shall be issued as well. ' Material which is not specified shall be of a GC5.05 Owner Supplied Material My best suited to the purpose required and the use uch Material shall be subject to the approval of the GC5.05.01 Ordering of Excess Material tract Administrator. 01) Where Material is supplied by the Owner and where this Material is ordered by the Contractor in i.03 Rejected Material excess of the amount specified to complete the Work, such excess Material shall become the property of the Rejected Material shall be removed from the Contractor on completion of the Work and shall be to the Contractor at cost plus applicable 04) The full amount of Material supplied by the S. Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the 2 Care of Material Contractor after taking delivery. Such Material shah not, except with the written permission of the Contract 3 Contractor shall, In advance of receipt of Administrator,be used by the Contractor for purposes of Material supplied by the Owner, provide other than the performance of the Work under the and proper storage facilities acceptable to Contract. , act Administrator, and on the receipt of such hall promptly place it M storage except where incorporated forthwith Into the Work. 05) Empty reels,crates,containers and other types ' of packaging from Material supplied by the Owner shall 3 Contractor shall be responsible for become the property of the Contractor when they are ce of Material supplied by the Owner, at the no longer required for their original purpose and shall delivery point and.for its safe handling and be disposed of by the Contractor unless..otherwise If such Material Is damaged while under the specified in the Contract Documents. 4 the Contractor it shall be replaced or ry the Contractor at no expense to the Owner, e satisfaction of the Contract Administrator. 06) The Contractor shall provide -the contract , Material is rejected by the Contract Administrator, immediately upon receipt of each ator for reasons which are not the fault of the shipment, copies of bills of lading, or such other w It shall remain In the care and at the risk of documentation the Contract Administrator may require actor until Its disposition has been determined to substantiate and reconcile the quantities of Material xitract Administrator. received. sere Material supplied by the Owner arrives at my point in a damaged condition or where 07) Where Material supplied by the'Owner is i'iscrepancies between the quantities received ordered and stockpiled prior to the award of the luantities shown on the bills of lading, the Contract, the Contractor shall, at no extra cost to the K shall immediately report such damage or Owner, immediately upon commencement of ties to the Contract Administrator who shall operations, check the Material, report any damage or ' x an Immediate inspection of the shipment deficiencies to the Contract Administrator and take de the Contractor with a written release from charge of the Material at the stockpile site. Where ft for such damage or dendenc km Where damage or deficiencies are not so recorded by.the x deficiencies are not so reported It will be Contractor It shall be assumed that the stockpile was that the shipment arrived 1n good order and in good order when the Contractor took charge of It ,go or deficiencies reported thereafter shall be and any damage or deficiencies reported thereafter xl by the Contractor at no extra cost to the shalt be made good by the Contractor at no extra cost to the Owner. 19 SECTION GC6 INSURANCE, PROTECTION AND DAMAGE August 1990 :06.01 Protection of Worts.Persons the failure to perform the Work, provided such claims ' and Property are 1) The Contractor, the Contractor's agents and all (a) attributable to bodily injury. sickness, disease, •orkers employed by or under the control of the or death or to damage to or destruction of :ontractor,including Subcontractors,shall protect the tangible property; fork. persons and property from damage or injury, nd shall be responsible for all losses and damage (b) caused by negligent acts or omissions of the ' fiich may arise as the result of the Contractor's Contractor or anyone for whose acts the perations under the Contract unless indicated to the Contractor may be liabie; and 3ntrary below. (c) made In writing within a period of 6 years from 2) The Contractor is responsible for:the tuff cyst of the date of.Substantial Performance of the Work 'ay necessary__temporary_, provisions::..and..the ..: as set out In the-Certificate of•Substantial. istoration of all damage, where the Contractor Performance of the Work or,where so specified ' amages the Work or property In the performance of in the Contract from the date of certification of le Contract If the Contractor Is not responsible for Final Acceptance. to damage that occurs to the Wok or property the ontractor shall restore such damage,and such work 02) The Contractor shall indemnity and hold Tall be administered according to these General harmless the Owner from all and every claim for onditions. damages, royalties or fees for the infringement of any patented Invention or copyright occasioned by the 3) The Contractor shall ImmedlWely inform the Contractor In connection with work performed or ontract Administrator of all damage and injuries which material fumished by the Contractor under the xur during the term of the Contract Contract t) The Contractor shall not be responsible for loss 03) The Owner expressly waives the right to id damage that occurs as a result of indemnity for claims other than those stated above in paragraphs 01) &02). :) war, �) blockades and civil commotion; 04) The Owner shaft Indemnify and hold harmless .) errors in the Contract Documents; the Contractor, his agents, officers and'employees 9 acts or omissions of the Owner. the from and against all claims, demands, losses, Contract Administrator, their agents and expenses, costs. damages, actions, suits, or employees, or others not under the proceedings arising out . of the Contractor's control of the Contractor, but within the performance of the Contract which are attributable to a Working Area with the Owner's lack of or defect in title or.an alleged lack of or defect ' permission. in title to the Working Area �) The Contractor and his Surety or Sureties will not 05) The Contractor expressly waives the right to 3 released from any term or provision of any indemnity for claims other than those stated above in sponsibility. obligation or liability under the Contract paragraph 04). waive or impair any of the rights of the Owner :cept by a release duty executed by the Owner. GC6.03 COnt MOBS insurance ' 06.02 Indemnification G06.03.01 General ) The Contractor shall Indemnify and hold 01) Without restricting the generality of subsection armless the Owner and_the Contract Administrator, GC6.02;Indemnification,the Contractor shall provide, eir agents,officers and employees from and against maintain and pay for the insurance coverages listed in claims. demands. losses, expenses, costs, this General Condition under clauses GC6.03.02 and images, actions, sults or proceedings by third .03. Insurance coverage In clauses GCS.03.04,.05 and uttes,hereinafter called•calms',directly or indirectly .06 WIN only apply when so specified in the Contract Ming or alleged to arise out of the performance of or Documents. 1 12 General liability Insurance licensed vehicles shall have ktnits of not less than 5 'i million dollars inclusive per occurrence for bodily 3nerai liability insurance shall be in the joint injury, death and damage to property, in the following f the Contractor,the Owner. and the Contract forms endorsed to provide the Owner with riot less , rator with limits of riot' less than 5 million than 30 days' written notice In advance of any ,clusive per occurrence for bodily injury,death, cancellation, change or amendment restricting Cage to property including loss of use thereof, coverage: noperty damage deductible of not more than The form of this insurance shall be the (a) standard non-owned automobile policy e-Bureau of Canada Form IBC 2100, dated Including standard contractual liability endorsement; and ' xKher form of insurance equal to or better than (b) standard owner's form automobile policy -fired in IBC Form 2100 may be used,provided providing third party liability and accident quirements listed In the Contract are einciuded. benefits insurance and coveft licensed , i of this Insurance mill.be cond'dional-uporvthe . . vehicles owned or operated by the-Contractor: or obtaining the services of a recognized e Consultant and obtaining the Consultant's a of equivalency to the required insurance. GC6.03.04 Aircraft and Waterrxaft Liability , Insurannce ! fie insurance shall be maintained continuously commencement of the Work until 12 months 01) Aircraft and watercraft liability insurance with ' the date of substantial performance of the respect to owned or non-owned aircraft and watercraft s set out In the certificate of Substantial if used directly or indirectly in the performance of the once of the Work,or until the certificate of Final Work, Iicluding use of additional promises, shad be ice of the Work is issued, whichever Is the subject to limits of riot less than 5 million dollars , id with respect to completed operations Inclusive per occurrence for bodily injury, death, and 3 for a period of not less than 24 months from damage to property including k).ss of use thereof, and of Final Acceptance of the Work as set out in limits of not less than 5 million dollars for aircraft icate of Final Acceptance of the Work, and passenger hazard. Such insurance shall be in a form !' r to be maintained for a further period of 4 acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 days'written notice a Contractor shag submit annually to the or amendment restricting coverage.advau cancellation,change proof of continuation of the completed is coverage and failure of the Contractor to do G06.03.05 Property and Boiler Insurance rsult in the cancellation by the Owner of the i the Contractor's Indemnification under GC6.03.05.01 Property Insurance )h 01) (c) of subsection GC6.02, (cation. 01) AN risks property-.Insurance shall be In the joint names of the Contractor,the Owner and the Contract , could the Contractor decide not to employ Administrator;.insuring not less than.the sum of the -actors for operations requiring the use of amount of the Contract Price and the full value,as may is for blasting,or pile driving or caisson work, be stated in the Supplemental General Cond tlorts,of val or weakening of support of property Material that Is specified to be provided by the Owner ' or land, IBC Form 2100 as required shall for Incorporation into the Work,with a deductible not ne appropriate endorsements. exceeding 1%of the amount insured at the site of the Work. This Insurance shall be in a form acceptable to ' e policies shall be endorsed to provide the the Owner and shall be maintained contiriuously until edh not less than 30 days written notice in 10 days after the date of Final Acceptance of the work, of canceilatiom change or amendment as set out In the certificate of Final Acceptance of the I coverage. Work. ' laims Made• insurance policies will not be G06.03.05.02 Boiler Insurance t. 01) Boller insurance Itstultg the interests of the t'3 Automobile Liability Insurance Contractor,the Owner and the Contract Administrator for not less than the replacement value of boilers and tornobile liability Insurance in respect of pressure vessels forming part of the Work,shall be in 21 rm acceptable to the Owner. This insurance shall responsibility by the terns of this Contract. ' maintained continuously from commencement of or operation of the property Insured urd 10 days 03) In the event of loss or damage to the Work -the date of Final Acceptance of the Work,as set arising from the action of others,the Owner shalt pay In the certificate of Final Acceptance of the Work. the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance 103.05.03 use and Occupancy of the work with the requirements of Section GCB, Measurement Prior to Completion and Payment. Should the Owner wish to use or occupy part or GC6.03.06 ContrackmV Equipment )f the Work prior to substantial performance, the k xxance ter will give 30 days, written notice to the tractor of the intended purpose and extent of such 01) All risks Contractors' equipment Insurance or occupancy. Prior to such use or occupancy the covering construction machinery and equipment used dractor shall notify the Owner In writing of the by the Contractor for the performance of the Work, ' dional premium cost. I any, to maintain property including boiler Insurance on temporary boilers and boiler Insurance,-,which.shall be:.at.the Owner's ... ., .., >pressure vessels,shall be in'a,form-aoceptabie-to the. anse. If because.of.such use..or.occupancy the ....Owne(and shall not-allow subrogation claims by-the- tractor is unable to.-provide coverage, the.-Owner. Insurer against the-Owner: .-The policies..shall..be n written notice from the Contractor and prior to endorsed to•provide the Owner with not less than 30 i use or occupancy shall provide,maintain and pay days'written notice in advance of cancellation,change xopeity and boiler insurance insuring the full value or amendment restricting coverage. Subject to he Work, including coverage for such use or satisfactory proof of financial capability by the .ipancy,and shall provide the Contractor with proof Contractor for self-insurance of the Contractor's uch insurance. The Contractor shall refund to the equipment,the Owner agrees to waive the equipment ter the unearned premiums applicable to the insurance requirement, and for the purpose of this tractor's policies upon termination of coverage. Contract, the Contractor shall be deemed to be insured. This policy-shall be amended to provide The policies shall provide that,in the event of a permission for the Contractor to grant prior releases or damage,payment shall be made to the Owner with respect to damage to the Contractor's equipment. the Contractor as their respective Interests may tar. The Contractor shall act on behalf of both the GC6.03.07 Insurance Requirements and per and the Contractor for the purpose of adjusting Duration ' w=nt of such loss or damage payment with the ners. When the extent of the foss or damage Is 01) Unless specified otherwise the duration of each rmined the Contractor shall proceed to restore the insurance policy shall be from the date of t. loss or damage shall not affect the rights and commencement of the Work until 10 days after the cations of either party under the Contract except date of Final Acceptance of the Work,as set out in the the Contractor shall be entitled to such reasonable certificate of Final Acceptance of the Work. nsion of Contract Time relative to the extent of the or damage as the Contract Administrator may 02) The Contractor shall provide the Owner, on a ' de in consultation with the Contractor. form acceptable-to the Owner,proof of insurance prior to commencement-of the Work; and signed by an .03.05.04 Payment for Loss..ioc:.Damage- officer of the Contractor-and either the underwriter or the broker. The Contractor shall be entitled to receive from 3wner, in addition to the amount due under the 03) The Contractor shall, on request, promptly tract, the amount at which the Owner's interest in provide the Owner with a certified trice copy of each )ration of the Work has been appraised, such insurance policy exclusive of information pertaining to unt to be paid as the restoration of the Work premium or premium bases used by the insurer to eeds and in accordance with the requirements of determine the cost of the insurance. The certified true ion GCB, Measurement and Payment. In addition copy shall include a signature by an officer of the 3ontraptor shall be entitled to receive from the Contractor and in addition, a signature by an officer of nents made by the Insurer the amount of the the insurer or the underwriter or the broker. :factor's interest in the restoration of the Work. 04) Where a policy is renewed the Contractor shalt The Contractor shall be responsible for provide the Owner,on a form acceptable to the Owner, rctible amounts under the policies except where renewed proof of Insurance immediately following amounts may be excluded from the Contractor's completion of renewal. 1 Bess speed otherwise the Contractor shall reimbursement of such costs the Owner may deduct >,sible for the payment of deductible amounts the costs thereof from monies which are due or may policies. become due to the Contractor. he Contractor falls to provide or maintain GC6.04 Bonding r as required In this General Condition or In the Contract Documents,then the Owner 01) The Contractor shall provide the Owner with the the right to provide and maintain such surety bonds in the amount required by the tender and give evidence thereof to the Contractor. documents. en's cost thereof shall be payable by the ,r to the Owner on demand. 02) Such bonds shall be Issued by a duly Icensed ' surety company authorized to transact a business of 're Contractor falls to pay the cost of the suretyship in the Province of Ontario and shall be placed by the Owner within 30 days of the maintained in good standing until the fulfilment of the ,hich the Owner made a formal demand for' Contract. , , 1 . r . 1 ; 1 1 1 r . 1 1 1 r 1 . r r ' 23 ' SECTION GGT CONTRACTOR'S iRESPONS181UTiES AND CONTROL OF THE WORK August 1990 ' r.01 General shall notify the Contract Administrator of the name(s) address(es). position(s) and telephone numbqr(s) . The Contractor warrants that the site of the Work the Contractor's representative(s) w an be been visited during the preparation of the tender Contacted at any time to deal with matters relating to ' the character of the Work and all local conditions the Contract. ::n may affect the performance of the Work are wn. 08) The Contractor shall,at no additional cost to the Owner. furnish all reasonable aid, facilities and The Contractor shall not commence the Work assistance required by the Contract Administrator for deliver anything to the Working Area until the the proper inspection and examination of the Work or itractor has received a written order to commence the taking of measurements for the purpose of ' Work,signed by the Contract Administrator. payment. The Contractor-shall.have.complete-control of,. ._ ,...._09) The Contractor.shall.:prepare,..and•update.as work and shall effectively-direct and supervise the required,a construction.schedule Irldicating the timing k so as to ensure conformity with the Contract of the major and critical activities of the Work. The -uments. The Contractor shall be responsible for schedule shall be designed to ensure conformity with struction means,methods,techniques,sequences the speed Contract Time. The sc:heduie shalt be ' procedures and for coordinating the various parts. submitted to the Contract Administrator within 14 days ie Work. from the date of the contract award. The Contractor shall have the sole responsibility 10) Where the Contractor finds any errors, ' Me design, erection, operation, maintenance and inconsistency or omission relating to the Contract,the oval of temporary structures and other temporary Contractor shall prompty report it to the Contract Ries and the design and execution of construction Administrator and shall not proceed with the activity nods required in their use. affected until receiving direction from the Contract ' Administrator. Notwithstanding paragraph 04) of subsection %01, General, where the Contract Documents 11) The Contractor shall promptly notify the ide designs_for temporary structures and other Contract Administrator In writing if the subsurface ' oorary facWes or specify a method of conditions observed in the Working Area differ hole or part, such facilities and methods shaft be materially from those indicated In the Contract sidered to be part of the design of the Work, and Documents. Contractor shall not be hell responsible for that of the design or the specified method of 12) The Contractor shall arrange with the struction. The Contractor shah, however, be appropriate utility;authorities.for the stake out of all *risible for the execution of such design or underground utilities and service connections which ' cifred method of construction in the.same.mariner. may be affected by the Work.The Contractor shall-be the Contractor is.responsible.:for:the.execution of .:responsible for any damage done to the underground Work. utilities by the Contractor's forces during construction If the stake out locations are within the tolerances given The Contractor shah be - responsible for In subsection GC2.01, Reliance on Contract struction health and safety within the working areas Documents. The Contractor shall be responsible for for Compliance with the Occupational Health and any damage done to the service connections. ' ty Act and Regulations. So as to avoid any inderstanding as to the extent of the Contractor's ►onsibility,the Contractor,by executing the Contract GC7.02 Layout Tuivocally acknowledges that the Contractor is the ' strxtor within the meaning of the Act. 01) Prior to commencement of construction, the Contract Administrator and the Contractor will locate on The Contractor shall have an authorized site those property bars, baselines and benchmarks esentative Qn the site while any work is .being which are necessary to delineate the working Area and armed, to act for or on the Contractor's behalf. to lay out the Work, all as shown on the Contract rto commencement of construction,the Contractor Drawings. r to Contractor shall be responsible for the GC7.04 BODM Loading or Motor Vehicles tion of an property bars while the Work is In except those property bars which must be 01) Where a vehicle Is hauling material for use on ' to facilitate the Work. Any property bars the Work. In whole or in part upon a Highway. , 1, damaged or removed by the Contractors where motor vehicle registration is required for such is shall be replaced under the supervision of vehicle,the Contractor shall not cause or permit such io Land Surveyor, at no extra cost to the vehicle to be loaded beyond the legal limit specified in Me Highway Traffic Act, whether such vehicle is , registered In the name of the Contractor or otherwise, no extra cost to the Owner, the Contractor except where there are designated areas within the wide the Contract Administrator with such Working Area where overloading Is permitted. The and devices as may be necessary to lay out Contractor shall bear the onus of weighing disputed aline and benchmarks, and as may be loads. y for the inspection of the Work. a Contractor shall provide..qualified personnel. . GC7.05 Conddton of the'Working Area and establish all Tines and grades:necessary tnuction. The Contractor shall notify the 01) The Contractor shall maintain the Working Area Administrator of any layout work canted out in a tidy condition and free from the accumulation of ' ie same may be checked by the Contract debris other than that caused ator. by the Owner or others. , 1 Contractor shall install and maintain GC7.06 Maintaining Roadways mid Detours rl alignment markers and secondary ics as may be required for the proper 01) Where an existing Roadway is affected by of the Work The Contractor shall supply construction, it shall be kept open to traffic, and the ' of all alignment and grade sheets to the Contractor shall, except as otherwise provided In this kdministrator. subsection, be responsible for providing and maintaining for the duration of the Work, a road Contractor shall assume full responsibility through the Work,whether along an existing Highway, ' ent, elevations and dimensions of each and Including he road under co I 9 nstruction, or on detours ' of the Work, regardless of whether the within or adjacent to the Highway, in accordance with 's layout work has been checked by the the Manual of Uniform Traffic Control Devices Administrator. (MUTCD). ' cakes,marks and reference points provided 02) The Contractor shall not be required to maintain 3ontract Administrator shall be carefully a road through the Working Area until such time as the by the Contractor. In the case of their Contractor has commenced operations- or during , i or removal, such stakes, marks and seasonal shut down or on any part of the Contract that points will be replaced by the Contract has been accepted In accordance with these General for at no extra cost to the Owner. Condidions. 03) Where localized and separated sections of the Damage� Vehicles or Other Highway only are affected by the Contractors operations, the Contractor will not be required to ' maintain intervening sections of the Highway until such any time, in the opinion of the Contract times as these sections are located within the limits of :or, damage is being done or Is likely to be the Highway affected by the Contractor's general -ry roadway or any improvement thereon, operations under the Contract. The Contractor shall ' Working Area,by the Contractors vehicles not be required to apply deicing chemicals or 1ulpment, whether licensed or unlicensed abrasives or carry out snowplowing. the Contractor shall,on the direction of the , dministrator, and at no extra cost to the 04) Where the Contract Document provides for or ake changes or substitutions for such the Contract Administrator requires detours at specific equipment, and shall after loadings, or in kxations,payment for the construction of the detours, w manner, remove the cause of such and N required, for the subsequent removal of the o the satisfaction of the Contract detours, will be made at the Contract pdoes or appropriate to such work 25 The Owner will bear the cost of maintaining,In a 02) The Contractor shall provide at an times and at 4actory condition for traffic, a road through the no extra cost to the Owner access to fire hydrants and icing Area The road through the Work will include water and gas valves located In the Working Area, detour wed in accordance with the r<ract Documents or required by the Contract 03) Where any Interruptions in the supply of utility for. Compensation for all labour.equipment services are required and are authorized by the materials to do this work shag be at the Contract Contract Administrator, the Contractor shag give the as appropriate to the work and,where there are no affected property owners notice in accordance with ' i prkxm at negotiated prices. Notwithstanding the subsection GC7.11. Notices by the Contractor and going.the cost of blading required to maintain the shall arrange such interruptions so as to create a ace of such roads and detours shag be deemed to minimum of Interference to those affected. ncluded In the prices bid for the various tender s and no additional payment will be made. GC7.08 Approvals and Permits Where work under the Contract Is discontinued ' my extended period including seasonal shutdown. 01) Except as specked in paragraph 02) of this Contractor shall,.wchen.directed.by�the._Contract -.subsection. the-Contractor shalUl obtain any,permits,- dnistrator, open and-.place---the.-roadway. -and. ....:-licenses,and certificates-required-for thwperformance curs in a passable, safe and satisfactory condition of the Work which are in force at the date of tender ' xwblic travel. dosing. Where the Contractor constructs a detour which 02) The Owner will obtain and pay for the rot specifically provided for in the Contract necessary plumbing and building permits. ument, or required by the Contract Administrator. construction of the detour and, if required, the 03) The Contractor shall arrange for all necessary Sequent removal shall be performed at the inspections. ' "Clor's expense. The detour shall be constructed maintained to structural and geometric standards GC7.09 Suspension of Work oved by the Contract Administrator. Removal shall performed as directed by the Contract 01) The Contractor shall, upon written notice from inistrator. the Contract Administrator,discontinue or delay any or all of the Work and work will not be resumed until the Where.with the written approval of the Contract Contract Administrator will. In writing, so direct. ' inistrator. the Highway is dosed and the traffic Delays, In these circumstances, win be administered ted entirely off the Highway to any other Highway, according to subsection GC3.08, Delays. :ontractor shag, at no extra cost to the Owner, rly and erect traffic control devices in accordance the MUTCD. GC7.10 Contractor's Right to Stop the .Work or Tem>inate The Contract Compliance with the foregoing provisions shall way relieve the Contractor of obligations.under 01) if the Owner is adjudged bankrupt or makes a ' ection GC6.01. Protection of..Work,.Persons.and .. . general assignment for the benefit d creditors because... . Orly.dealing with the.Contractor's responsibility for of insolvency or I.a receiver is appointed because'of ege Bairns, except for claims arising on.sections. . insolvency, the Contractor may, without prejudice to ' lghway within the Working Area that are being any other right or remedy the Contractor may have,by Mbled by others.. giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. (F7 Access to Properties Adjoining the Work and Interruption of 02) If the Work is stopped or otherwise delayed for Utility Services a period of 30 days or more under an order of a court or other public authority and provided that such order The Contractor shag provide at all times, and at was not issued as the result of an act or fault of the ' dra cost to the Owner Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without Prejudice to any other right or remedy the Contractor adequate pedestrian and vehicular access; and may have.by giving the Owner written notice,terminate co the Contract. continuity of utility services to properties adjoining the Working Area 03) The Contractor may notify the Owner In writing, l )py to the Contract Administrator, that the not make any claim against the Owner for any loss, , In default of contractual obligations If damage or expense occasioned thereby. Contract Administrator fails to Issue 02) Where the obstruction Is an underground utility ' tificates in accordance with the provisions of such as a telephone cable, watermain, gas main or lion GC8, Measurement and Payment; sewer or other man-made object,the Contractor shall not be required to assume the risks and responsibttdles , Owner fails to pay the Contractor, within 30 arising out of such obstruction, unless the location of is of the due date, the amounts certified by the obstruction Is shown on the plans or described in Contract Administrator or awarded by the specifications and the location so shown is within dration or court;or the tolerance specified in paragraph ol)(a) of subsection GC2.01.Reliance on Contract Documents, Owner violates the requirements of the or unless the presence and location of the obstruction ntract. has otherwise been made known to the Contractor or could have been determined by the visual site ' 3 Contractor's.written notice.to_the.Owner. investigation made by thWContractor In•accordance se that if the default is not corrected in the 7 with these General Conditions. ieddiately following the receipt of the written 3 Contractor may, without prejudice to any 03) During the course of the Contract, it is the , it or remedy the Contractor may have, stop Contractor's responsibility to consult with utility or terminate the Contract. companies or other appropriate authorities for further information in regard to the exact location of these ' ie Contractor terminates the Contract under utilities,to exercise the necessary care in construction :ions set out in this subsection,the Contractor operations,and to take such other precautions as are entitled to be paid for all work performed necessary to safeguard the utility from damage. I to the Contract Documents and for any ' damage as the Contractor may sustain as a GC7.13 Umitations of Operations he termination of the Contract 01) Except for such work as may be required by the Notices by the Contractor Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not -ore work Is carried out which may affect the carry on operations under the Contract on Sundays or operations of any Ministry or agency of without permission in writing from the Contract , xt< or any person, company, partnership or Administrator. x,%.including a municipal corporation or any commission thereof, and in addition to such 02) The Contractor shall cooperate with other 'the commencement of specified operations Contractors,utility companies and the owner and they :scribed elsewhere in the Contract Document, shall be allowed access to their work or plant at all -actor shall give at least 48 hours advance reasonable times. dlce of the date of commencement of such e person,company,partnership,corporation, , commission so affected. GC7.14 Cleaning Up Before Acceptance :he case of damage to, or interference with 01) Upon attaining Substantial Performance of the ' rs, pole tines, pipe Ines. conduits,farm tiles, Work, the Contractor shall remove surplus materials, xwbtic or privately owned works or property, tools, construction machinery and equipment not actor shall Immediately notify the Owner and required for the performance of the remaining work. act Administrator of the location and details of The Contractor shall also remove all temporary works , Cage or interference. and debris other than that caused by the owner, or others and leave the work and Working Area dean and Obstructions suitable for occupancy by the Owner unless otherwise specified. ' x" as otherwise noted In these General s, the Contractor assumes all the risks and Cities . arising out of any obstruction 02) The Work shag not be deemed to have reached red in the performance of the Work and any Completion until the Contractor has removed surplus idltions. kx*x" traffic conditions on any materials, tools, construction machinery and X road giving access to the Working Area equipment. The Contractor shall also have removed r such obstructions.and the Contractor shag debris,other than that caused by the Owner,or others. 1 27 Warranty Performance of the Work, or where there is no Substantial Performance certificate.12 months from the The Contractor shall be responsible for the date of Completion of the Work as set out In the per performance of the Work only to the extent that Completion Certificate or such longer periods as may resign and specifications permit such performance. be specified for certain materials or work The Contract Administratorwill promptly give the Contractor Subject to the previous paragraph the Contractor written notice of observed defects or deficiencies. I correct promptly, at no additional cost to the ier, defects or deficiencies in the Work which ear prior to and during the period of 12 months 03) The Contractor shall correct or pay for damage i the date of Substantial Performance of the Work, resulting from corrections made under the A out in the Certificate of Substantial requirements of paragraph 02) of this subsection. i SECTION GCS MEASUREMENT AND PAYMENT August 19.90 Dt Measurement (b) in the case of a Major Item where the quantity of work performed and/or material supplied by ' 31.01 Quantities the Contractor is less than 85% of the tender quantity,either party to the Contract may make The Contract Administrator will make an estimate a written request to the other party to negotiate a month, in writing, of the quantity of work a revised unit price for that portion of the Work rmed. The first estimate will be the quantity of the performed and/or material supplied. The performed since the Contractor commenced mmenced the negotiation shall be carried out as soon as act and every subsequent estimate, except the reasonably possible. Any revision of the unit ' one, will be of.the quantity of work performed price shall be based on the actual cost.of the preceding estimate was made. The Contract performing the Work and/or supplying the nistrator will provide the copy of each estimate to material under the tender Item plus a ontractor within 10 days of the Cut-Off Date. reasonable allowance for prord and applicable ' overhead. Attematively, where both parties Such quantities far.progress payments shall_be: agree, an allowance equal:to 10% of the unit rued and held to be approximate. The final price on the amount of the underrun which is ' hies for the issuance of the Completion Payment less than 85% of the tender quantity will be icate shall be based on the measurement of the paid. completed. GC8.02 Payment ' Measurement of the quantities of the work will be by Actual Field Measurement or by Plan Quantity GC8.02.01 Price for Work pies as indicated In the Contract. Adjustments to Quantity measurements will normally be made 01) Prices for the Work shall be full compensation Plan Quantity principles but may, where for all labour, Equipment and Material.required in its 3pdate, be made using Actual Field performance. The term 'all labour, Equipment and urements. Materiar shall include Hand Tools,supplies and other incidentals. ' 01.02 Variations In Tender Quantities 02) Payment for work not specifically detailed as part of any one Item and without specified details of ' Where It appears that the quantity of work to be payment wig be deemed to be included in the Item(s) and/or Material to be supplied by the Contractor with which It is associated. a unit price tender Item will exceed or be less ire tender quantity,the Contractor shall proceed G08.02.02 Advance Payments for Material ' the work and/or supply the material required to Mete the tender Item and payment will be made for 01) The Owner will make advance payments for mctual amount of work done and/or materials material intended for incorporation in'the Work upon .led at the unit prices stated in the tender except the written request of the Contractor and according to ovided below: the following terms and conditions: .__.- (a) The Contractor shall, in advance of receipt of ' in the case of a Major item where the amount of the shipment of the material, arrange for work performed and/or material supplied by the adequate and proper storage facilities and Contractor exceeds the tender quantity by more notify the Contract Administrator of their than 15%.either party to the Contract may make location(s). ' a written request to the other party to negotiate a revised unit price for that portion of the Work (b) The value of aggregates, processed and performed and/or material supplied which stockpiled, shall be assessed by the following ' exceeds 115% of the tender quantity. The procedure: negotiation shall be carried out as soon as reasonably possible. Any revision of the unit (i) Sources Other Than Commercial price shall be based on the actual cost of doing the work and/or supplying the material under the (A) Granular'A','B'and'M'shall be tender Item plus a reasonable allowance for assessed at the rate of 60% of prord and applicable overhead. the contract price. Coarse and fine aggregates for hot mix GC8.01.01, Ouantities. ' asphaltic concrete,surface treatment and Portland cement concrete shall be 02) The progress Payment Certificate win show assessed at the rate of 25% of the ' contract price for each aggregate (a) the quantities of work performed; stockpiled. (b) the value of work performed; Commercial Sources ' (c) the amount of statutory holdback,liens,owners Payment for separated coarse and. fine set-off;and aggregates will be considered, at the above rate, when. such materials are (d) the amount due the Contractor. ' stockpiled at a commercial source where further processing Is to be carried out 03) One copy of the progress Payment Certificate before incorporating such materials into a will be sent to the Contractor. final product. Advance payments for other materials located at a commercial 04) r Payment will be made within 30 days of the Cut_ source will not be made. off Date. yment for all other materials,unless otherwise ' armed elsewhere in the Contract, shall be GC8.0203.02 Certification of Subcontract 3ed on the invoice price, and the Contractor Completion ail submit proof of cost to the Contrail ministrator before payment can be made by •01) Before the Work has reached the stage of Owner. substantial performance,the Contractor may notify the Contract Administrator, in writing that a subcontract is ' 9 payment for all materials shall be prorated completed satisfactorily and ask that the Contract ainst the appropriate tender item by paying for Administrator certify the completion of the subcontract. fiicient units of the item to cover the value of material. Such payment shall not exceed 02) The Contract Administrator will Issue a ' Y. of the Contract price for the Item. Certificate of Subcontract Completion if the subcontract has been completed satisfactorily, and all required materials for which the Contractor wishes to inspection and testing of the works covered by the :eive advance payment shall be placed In the subcontract have been carried out and the results are , signtated storage location immediately upon satisfactory. :eipt of the material and shall thenceforth be d by the Contractor in trust for the Owner as 03) Within 7 days of the date the subcontract is lateral security for any monies advanced by certified complete the Contract Administrator will give ' Owner and for the due completion of the a copy of the certificate.to the Contractor and to the )rk. The Contractor shall not exercise any act Subcontractor concerned, ownership Inconsistent with such security,or ' move any material from the storage locations, rapt for inclusion in the Work, without the GC8.0203.03 Subcontract Statutory Holdback cent,In writing,of the Contract Administrator. Release Certificate and Payment t1.h materials shall remain at the risk of the 01) Following receipt of the Certificate of , ntractor who shall be responsible for any Subcontract Completion, the Owner will release and s,damage,theft,improper use or destruction pay the Contractor the statutory holdback retained in the material however caused. respect of the subcontract. Such release shall be , made after 45 days from the date the subcontract was certified complete anal providing the Contractor 3 Certification and Payment submits the following to the Contract Administrator. , 3.01 Progress Payment Certe (a) a document satisfactory to the Contract I value of the work performed and material Administrator that will release the Owner from win be Calculated once a month by the an further claims relating to the subcontract, 4dmi9strator In accordance with the Contract qualified by stated exceptions such as { its and the quantities described in cause holdback monies; 31 ' evidence satisfactory to the Contract GC8.0203.05, Substantial Performance Payment and Administrator that the Subcontractor has Statutory Holdback Release Payment Certi iMes,shall discharged all Incurred liabilities in carrying out commence from the date of publication of the the subcontract; Certificate of Substantial Performance as provided for above. a satisfactory clearance certificate or letter from the Workers'Compensation Board relating tothe GC8.0203.05 Substantial Performance subcontract; and Payment and Statutory Holdback ' a copy of the contract between the Contractor Release Payment Certificates and the Subcontractor and a satisfactory 01) When the Contract Administrator Issues the statement showing the total amount due the Certificate of Substantial Performance the contract Subcontractor from the Contractor. Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Paragraph(d)will only apply to Lump Sum items Performance Statutory Holdback Release Payment then only when the Contract Administrator Certificate or where appropriate,a combined payment -icaly requests it. certificate. Upon receipt..-of-the-statutory -holdback,-the - 02) The Substantial---Performance— -Payment ' actor shall forthwith give the Subcontractor the Certificate will show ent due under the subcontract. (a) the value of work performed to the date of Release of statutory holdback by the Owner In Substantial Performance; ct of a subcontract shall not relieve the actof, or the Contractor's Surety. of any of their (b) the value of outstanding or incomplete work; nsibilities. ' (c) the amount of the statutory holdback,allowing 12.03.04 Certification of Substantial for arty previous releases of statutory holdback Performance to the Contractor in respect of completed subcontracts and deliveries of pre-selected ' Upon application by the Contractor and where equipment; :ortract has been substantially performed the act Administrator will issue a Certificate of (d) the amount of maintenance security required; ' antial Performance. and The Contract Administrator will set out In the (e) the amount due the Contractor. sate of Substantial Performance the date on the Contract was substantially performed and 03) The Substantial Performance Statutory 7 days after signing the said certificate the Holdback Release Payment Certificate will be a act Administrator will provide a copy to the payment certificate releasing to.the .Contractor the actor. statutory holdback due In-respect of work performed ' up to the date of substantial performance. Payment of Upon receipt of :a:copy of-the. Certificate.of . . such statutory holdback shall be made after 45-days antial Performance,.the.Contractor shall forthwith, from the date of publication of the -Certificate of quired by Section,32(1) Paragraph 5 of•the Substantial Performance but subject to,the provisions ruction lien Act, publish a copy of the certificate of the Construction Lien Act and the submission by the onstruction trade newspaper. Such publication Contractor of the following documents: -dude placement in the Daily Commercial News. ' (a) a release by the Contractor in a form Where the Contractor fails to publish a copy of satisfactory to the Contract Administrator *tificate of Substantial Performance as required releasing the Owner from all further claims within 7 days after receiving a copy of the relating to the Contract, qualified by stated ' :ate signed by the Contract Administrator, the exceptions such as outstanding work or matters r may publish a copy of the certificate at the arising out of subsection GC3.14. Claims, actors expense. Negotiations, Disputes; Except as otherwise provided for in Section 31 (b) a statutory declaration in a form satisfactory to construction Lien Act, the 45-day ken period the Contract Administrator that all liabilities o the release of holdback as referred to in clause incurred by the Contractor and the Contractors i' 6contractors in carrying out the Contract have (b) a statutory declaration In a form satisfactory to en discharged except for statutory holdbacks the Contract Administrator that al liabilities 4*rly retained; incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract Satisfactory Certificate of Clearance from the have been discharged, qualified by stated xkers'Compensation Board; and exceptions where appropriate; and 30f of publication of the Certificate of (c) a satisfactory Certificate of Clearance from the ' ibstantial Performance. Workers' Compensation Board. 13.06 CMWK:8dM or Completion GC8.02.03.08 Interest )on application by the Contractor, and when 01) Interest due the Contractor is based on simple itract reaches Completion, the Contract interest and Is calculated using the applicable Rates of rator will issue a Completion Certificate. Interest. ' e Contract Admin.istrator..will.:set:ou.An.-the GC8.02.03.09 Interest for Late Payment on Certificate the date on which the Work was :d and within 7 days of signing the said 01) When.the Contractor has compiled with the , 1 the Contract Administrator will provide a requirements of the Contract and when payment by the he Contractor. Owner to the Contractor for work performed, or for release of statutory holdback.Is delayed by the Owner, 13.07 Completion Payment and then the Contractor shall be entitled to payment for Statutory Holdback Release Work performed at the Rate(s) of interest from a date Payment Certificates or dates derived from the following: ien the Contract Administrator issues the ' on Certificate, the Contract Administrator will (a) Progress Payment: a date 30 days after the e the Completion Payment Certificate and the Cut-off Date; Holdback Release Payment Certificate or ' )propriate, a combined payment certificate. (b) Subcontract Completion and Subcontract Statutory Holdback a date 75 days after the e Completion Payment Certificate will show date the subcontract is certified complete; 3asurement and value of work at completion; (c) Substantial Performance and Statutory Holdback: a date 75 days after the date the amount of the further statutory holdback Certificate of Substantial Performance Is ' sod on the value of further work completed published; or and above the value of work completed awn in the Substantial Performance Payment (d) Completion and Holdback: a date 75 days rtificate referred to above; and after the date the Contract is certified complete. , amount due the Contractor. GC8.0203.10 Interest for Negotiations and a Completion Statutory Holdback Release Claims Certificate will be a payment certificate 01) Except as hereinafter provided,where a notice to the Contractor the further statutory of negotiation, notice of intent to claim and the Payment of such statutory holdback shall subsequent claims are submitted in accordance with after 45 days from the date of completion of the time limits and/or procedure described by , as established by the Completion Certificate subsection GC3.14,Negotiations,Claims,Disputes,the ct to the provisions of the Construction Lien Owner will pay the Contractor the Rate(s)of interest on the submission by the Contractor of the the amount of the negotiated price for the work or on , documents: the amount of the settled claim. Such Interest will not commence until 30 days after the satisfactory alease by the Contractor in a form satisfactory completion of the work. the Contract Administrator releasing the aner from all further claims relating to the 02) Where the Contractor does not attempt to Mack qualified by stated exceptions where resolve the negota<ion or the claim, In an expeddlous :)ropdate; manner, Interest shall be negotiable. Where the Contractor fails to give notice of a 'Cost of Material" means the cost of material ' tr within the time limit prescribed by subsection purchased. or supplied from stock, and valued at 114. Negotiations, Claims, Disputes, interest shall current market prices,for the pcupose of carrying out be paid. extra work by the Contractor.or by others when such arrangements have been made by the Contractor for Where a Contractor fails to comply with the completing the Work, as shown by itemized Invoices. lay time emit and the procedures prescribed by section GC3.14,Negotiations,Claims,Disputes,for 'Payroll Burden' means the payments in respect of ' 'nisslon of claims, Interest shall not be paid for the Workers'compensation,vacation pay, unemployment iy plod• insurance, public liability and property damage insurance, sickness and accident Insurance. pension fund and such other welfare and benefit payments 1.0203.11 Owners Set-off forming part of the Contractor's normal labour costs and shall include any cost or expense as the Contract Pursuant to Section 12 of the Construction Lien Administrator may approve, which has been incurred 1983 - Set-off by Trustee, the Owner may retain by the Contractor for travel, travel time, food, lodging i monies owing to the Contractor.underthis.or any or similar items. r contract an amount sufficient to cover any tanding or dispctted fcabilitles Including.the=st-to - :Rented Equipment" .,means equipment,that is'rented 3dy deficiencies, the reduction in value of or leased for the special purpose d Work on a Time Aandatrd potions of the Work,claims for damages and Material Basis from a person,firm or corporation nird parties which have not been determined in that is not an associate or affiliate of the lessee as ig by the Contractor's insurer, undetermined defined by the Securities Act, RSO 1980,Chapter 466, ' ns by the Owner under paragraph (a) of clause _ acid is approved by the Contract Administrator. .01.02, Variations In Tender Quantities, any ssment due the Workers' Compensation Board 'Operated Rented Equipment" means Rented any monies to be paid to the workers in Equipment rented or leased for the special purpose of irdance with clause GC8.0206, Payment of Work on a Time and Material Basis for which an cars. operator Is provided by the supplier of the equipment and for which the rent or lease Includes the cost of the Under these circumstances the Owner will give operator. ' :ontractor appropriate notice of such action. 'Road Work' means the preparation, construction, .0203.12 Delay in Payment finishing and construction maintenance of roads, streets. highways and parking lots and includes all The Owner shag not be deemed to be In default work Incidental thereto other than work on structures. 3 Contract provided any delay In payment does -xceed 30 days from the normal due date. "Sewer and Watermain Work" means the preparation, ' construction,finishing and construction maintenance of sewer systems and watermain systems, and includes 02.04 Payment on a Time and Material all work incidental thereto other than work on Basis structures. ' 0204.01 Definitions. "Standby Time"means any period of time which is not considered working time and which together with the For the purposes of this clause the following working time does not exceed 10 hours in any one tkxts apply: working day and during which time a unit of equipment cannot practically be used on other work but must of Labour" means the amount of wages, salary remain on the site in order to continue with its assigned 'ayroll Burden paid or incurred directly by the task and during which time the unit is in fully operable actor to or in respect of labour and supervision condition. ,ly and necessarily engaged on the Work based 3 recorded time and hourly rates of pay for such 'Structure Work' means the construction, ' r and supervision, but shall not include any reconstruction, repair, alteration, remodelling, ent or costs incurred for general supervision, renovation or-demolition of any bridge,building,tunnel iistration or management time spent on the entire or retaining wall and Includes the preparation for and or any wages,salary or Payroll Burden for which the laying of the foundation of any bridge, building, xitractor Is compensated by any payment made tunnel or retaining wall and the Installation of i Owner for equipment. equipment and appurtenances Incidental thereto. Rate'means the rate for a unit of equipment used on each Time and Material project at 120%of the , in OPSS 127, Schedule of Rental Rates for Cost of the Material up to$3,000,then at 115%of any xion Equipment Including Model and portion of the Cost of Material in excess of$3,000. rtion Reference,which is current at the time the aarried out or for equipment which is not so GC8.02.04.06 Payment for Equip Txo ie rate which has been calculated by the using the same principles as used in GCB.02.04.06.01 Working Time ing the 127 Rates. ' 01) The Owner will pay the Contractor for the i a Time and Material Basis'means Changes Working Time of all equipment other than Rented xk,Extra Work and Additional Work approved Equipment and Operated Rented Equipment used on :ontract Administrator for payment on a time the Work on a Tome and Material basis at the 127 Rates ' aria)basis. The Work on a Time and Material with a cost adjustment as follows: call be subject to all the terms, conditions, Lions and provisions of the Contract. (a) Cost$10,000 or less-no adjustment; Time' means.each:-pedod of time during (b) Cost'greater than $10,000 but not exceeding unit of equipment--is--actively-and of-necessity $20,000"= payment''$10,'000 Plus-90% .of the on a specific operation and the first 2 hours portion in excess of$10,000; and mmediately following period during which the A so engaged but during which the operation (c) Cost greater than$20,000-$19,000 plus 80% ise proceeding and during which time the unit of the portion in excess of$20,000. radically be transferred to other work but must ' n the site in order to continue with its assigned 02) The Owner will pay the Contractor for the d during which time the unit is in a fully Working Time of Rented Equipment used on the Work condition. on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a ' 14.02 Daily Work Records maximum of 110%of the 127 Rate. This constraint will be waived when the Contract Administrator approves dly Work Records prepared as the-case.may ... the invoice price prior to the use of the Rented , ither the Contractor's representative or the Equipment. Administrator and reporting the labour and nt employed and the material used on each 03) The Owner will pay the Contractor for the I Material project, shag be reconciled and Working Time of Operated Rented Equipment use on each day by bath the Contractor's the Work on a Time and Material Basis at 110%of the ;ative and the Contract Administrator.' Operated Renter)Equipment invoice price approved by the Contract Administrator prior to the use of the 14.03 Payment for Work equipment on the work on a Time and Material Basis. , yment as herein provided shall be full .ation for all labour,Equipment and Material to GC8.0204.06.02 Standby Time ' wk on a Time and Material basis except where agreement to the contrary prior to the 01) The Owner will pay the Contractor for Standby mment of the work on a Time and Material Time of Equipment at 35% of the 127 Rate or 35% of le payment adjustments shall apply to each the invoice price whichever is appropriate. The Owner ' Change Order authorized by the Contract will pay reasonable costs for Rented Equipment where this is necessarily retained in the Work Area for extended periods agreed to by the Contract 4.04 Payment for Labour Administrator. This will include Rented Equipment , Intended for use on other work,but has been Idled due 3 Owner will pay the Contractor for labour to the circumstances giving rise to the Work on a Time I on each Time and Material project at 135% and Material Basis A of Labour up to$3000,then at 12096 of any , 'the.Cost.of Labour In-excess of$3000, 02). In addition;-the Owner-will include-the Cost of Labour of operators or associated labourers who 4.05 Payrrlent for Material cannot be otherwise employed during the standby ' Period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and i Owner will pay the Contractor for material Material Basis The Contract Administrator may require Rented Work. ment idled by the circumstances giving rise to ork on Time and Material Basis to be returned to 02). Separate summaries shall be completed by the issor until the work requiring the equipment can Contractor according to the standard form'Summary aumed. The Owner will pay such costs as result for Payment of Accounts on a Time and Material ly from such return. Basis'. Each summary shall include the order number and covering dates of the work and shall Itemize When equipment is transported, solely for the separately labour, materials and equipment. invoices se of the Work on a Tune and Material Basis,to for materials, Rented Equipment and other charges m.the Working Area on_a Time and Material incurred by the Contractor on the Work on a Time and payment will be made by the Owner only in Material Basis shall be included with each summary. I of the transporting units. When equipment Is t ' t under its own power it shall be deemed to be 03) Each month the Contract Administrator will hg. The method of moving equipment and the include with the monthly progress payment certificate, shall be subject to the approval of the Contract the costs of the Work on a Time and Material Basis �is1rator, incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and 2-04.07 Payment for Hand Tools Material Basis. Notwithstanding any other provision of this 04) The final"Summary for Payment of Accounts on n, no payment shall be made to the Contractor a Time and Material Basis` shall be submitted by the in respect of hand tools or equipment that are Contractor within 60 days after the completion of the ' if the trade. work on a Time an Material Basis. 204.08 Payment for Work By ' Subcontractors GC8.0205 Final Acceptance Certificate Where the Contractor arranges for work on a 01) After the acceptance of the Work the Contract and Material Basis, or a part of it, to be Administrator will Issue the Final Acceptance Certificate, ' ned by Subcontractors on a Time and Material or, where applicable, after the Warranty Period has and has received approval prior to the expired. The Final Acceptance Certificate will not be encement of the work, In accordance with the issued until all known deficiencies have been adjusted sments of subsection GC3.10,Subcontracting by or corrected, as the case may be, and the Contractor ntractor,the Owner will pay the cost work on has discharged all obligations under the Contract. e and Material Basis by the Subcontractor ded as if the Contractor had done the work bn a GC8.02.06 Payment of Workers nd Material Basis, plus a markup calculated on owing basic: 01) The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in 20% of the first$3,000; plus accordance with the labour conditions set out In the Contract and at intervals of not less than twice a 15%of the amount from$3,000 to$10,000;plus month. i% of the amount in excess of$10,000. 02) The Contractor shall require each Subcontractor doing any part of the Work to pay the workers 4o further markup will be applied regardless of employed by the Subcontractor on the Work in ent to which the work is assigned or sublet to accordance with this clause. If work is assigned or sublet to an associate, ned by the Securities Act, RSO 1980, Chapter 03) Where any person employed by the Contractor markup whatsoever will be applied. or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in =04.09 Submission of Invoices accordance with clause GC8.02.03.11,Owner's Set-off. U the start of the work on a Time and Material the Contractor shall provide the applicable GC8.02(Y7 Records and equipment rates not already submitted to ntract Administrator during the course of the 01) The Contractor shall maintain and keep � S i 9 Records relating to the Work,Changes in the fuels, materials and services, except for refundable jdra Work and claims arising therefrom. Such taxes and duties, shall be included in the Contract shall be of sufficient detail to support the total price. the Work, Changes in the Work, and Extra "he Contractor shall preserve all such original until 12 months after the Final Acceptance 02) The Contractor shall pay all taxes, customs ite is issued or until all claims have been duties,and excise taxes on all fuels and materials with whichever Is longer. The Contractor shall respect to the Contract. Where applicable, the ' that Subcontractors employed by the Contractor shall apply for any refunds of taxes and for preserve all original Records pertaining to duties to the appropriate tax levying authority. k,changes in the work, Extra Work and claims - therefrom for-a similar period of time. ' 03) Any increase or decrease in costs of materials , In the opinion of the Contract Administrator, and fuels incorporated into the Work due to changes ork Records are required, such records shall in such taxes and duties after the date of the tender he labour and equipment employed and the closing shall increase or decrease the Contract price used on any specific portion of the Work. The accordingly. Both parties to the Contract-shall assist fork Records shall be reconciled with and the other in applying for refunds,where appropriate,by by the Contractor's representative each day. providing receipts, records or other help. he Owner may inspect and audit the :tor's Records relating to the Work, Extra Work 3nges in the Work at any time during the period ' :ontract in accordance with paragraph 01) of GC8.02.09 Liquidated Doges Ise.The Contractor shall supply certified copies part of his Records required whenever ' ad by the Owner. 01) When liquidated damages are specified in the Contract and the Contractor fails to complete the Work .08 Taxes and Duties in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contras axes, customs duties and excise taxes on all Documents. 1 � ;2 -7 MUNICIPALITY OF aria ton ONTARIO totten sims hubicki associates engineers architects and planners r r r r r CORPORATION OF THE MUNICIPALITY OF CLARINGTON DARLINGTON SOCCER FIELD LIGHTING r CONTRACT N0. CL97-22 r 1 SEPTEMBER 1997 r r r r r r totten sims hubicki associates Engineers, Architects and Planners TSH No. 22 13681 1 1 Standard Construction Document—CCDC 2—1982 1 AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forms the basis of payment and to be used only with the General Conditions of the Stipulated Price Contract. ' This Agreement made on the. . . . . . . . . . . . . .Wth . . . . . . . . . . . . day of. . . . . . . .Ocir9ber, , , , , , , , , , , in the year nineteen hundred and. . . . . . . 19.9.7, , , , , , , , , , , , , , , , , , , , , by and between . . . . . . . . . . . .THF .GORPORATIOX .4F .TU.MUNI.C.TPALITY.OF. CLARINGTON. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' hereinafter called the"Owner" and LANGLEY UTILITIES CONTRACTOR LIMITED hereinafter called the"Contractor" . . . • . . . . . . . . . ' . . . . • • . . . . . . . . . . . . . . . . . . . • • . , . • • • . . . • . . . . . . . . . . witnesses:that the parties agree as follows ARTICLE A-1 THE WORK ' The Contractor shall: (a) perform the Work required by the Contract Documents for . .the Darlington Soccer Field, , ' lighting, Contract CL97-22. .. .... (insert here the tide of the Work and the Project) .... . .. ..................................... ............................ .. .... . which have been signed by the parties,and which were prepared by -To-tten•Sims• Hubickf, . . . . . . . . . . Associates (1997) Ltd: , , . , . . ,acting as and hereinafter called the"Consultant"and (b) do and fulfill everything indicated by this Agreement,and (c) commence the Work by the . . . ?0th ,day of . , ,October . . . 19,9,7 .and attain Substantial Performance of the Work,as certified by the Consultant,by the. . .20th . .day of. . . . . Aec.ember. . . . . . . ' 19. 7. . CCDC 2—1982 File 00610 1 ARTICLE A-2 CONTRACT DOCUMENTS The following is an exact list of the Contract Documents referred to in Article A-1 of this Agreement and as defined ' in item 2 of DEFINITIONS. This list is subject to subsequent amendments in accordance with the provisions of the Contract and agreed upon between the parties. Terms used in the Contract Documents which are defined in the attached DEFINITIONS shall have the meanings designated in those DEFINITIONS. (Insert here, attaching additional pages if required, a list identifying the Contract Documents including: The Agree- ment, General Conditions, Supplementary Conditions, Definitions, drawings, giving drawing number, title, date, revision date or mark, and specifications, giving a list of contents with section numbers and tides, number of pages, and date or revision marks. Clearly identify modifications to the Contract Documents.) — Instructions to Tenderers — Form of Tender — The General Conditions of the Contract — Standard Construction Document CCDC2 — 1982, Stipulated Price Contract — Supplementary General Conditions — Specifications and Drawings as set forth in the Table of Contents — The Project Site r 2 CCDC 2—1%2 File 00510 ' ARTICLE A-3 CONTRACT PRICE The Contract Price is . thousgt}d ,01rOP, hundred , , 7777 , 7777 , , , , . - . . . . .------. . . . . . .�_. _�_. . . . . . . . . . . . . . . . . .�-. . . . . . . . -. . . . . . . . . . . .7-. . . .�_7 dollars ($ , I�4300.9, , , , , , , , , , , , , ) in Canadian funds, which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. ARTICLE A4 PAYMENT (a) Subject to applicable legislation and the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regula- tions do not exist or apply, subject to a holdback of r_en percent( 10 the Owner shall: (1) make monthly payments in Canadian funds to the Contractor on account of the Contract Price. The amounts of such payments shall be as certified by the Consultant,and (2) upon Substantial Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of holdback monies then due,and (3) upon Total Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of the Contract Price then due. L (b) In the event of loss or damage occuring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 20 — INSURANCE. (c) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or in an award by arbitration or court, interest of five & three quarters percent ( 5.75%)per annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly. ARTICLE A-5 RIGHTS AND REMEDIES (a) The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. (b) No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract,nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder,except as may be specifically agreed in writing. CCDC 2— 1982 File 00510 3 ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES 1 Communications in writing between the parties or between them and the Consultant shall be considered to have been received by the addressee on the date of delivery if delivered by hand to the individual or to a member of the firm or to an officer of the corporation for whom they are intended or if sent by post or by telegram, to have been delivered within five(5)working days of the date of mailing, dispatch or of delivery to the telegraph company when addressed as follows: The Owner at. . .40 Terlperancg Street , , , , , , , , , , , , , , , , , , , , , , street and number and postal box number if applicable Bowmanville, Ontario L1C 3A6 post office or district province,postal code The Contractor at . . . I6�. AAEA OP. Road a. .P,4,. PpX 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . street and number and postal box number if applicable .$Q nAP,villq,, .IZs3rio . . .&4q. X9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . post office or district,province,postal code The Consultant at . . .5V. Diva, 94. $.Meet;,, .P,Q,. PpX. 9JQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . street and number and postal box number if applicable G09m.,. 41%t;4rtQ. . . X.9A .4W4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . post office or district,province,postal code ' ARTICLE A-7 LAW OF THE CONTRACT The law of the Place of the Work shall govern the interpretation of the Contract. ARTICLE A-8 LANGUAGE OF THE CONTRACT ' When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the „ English language shall French prevail. This Agreement is drawn in English at the request of all parties hereto; ce marchd est an en r6di 6 lais A la 9 9 demands de toutes les parties. `Complete this statement by striking out inapplicable term if the Contract Documents have been prepared and issued in both official languages of Canada. 4 CCDC 2— 1982 File 00510 ' ARTICLE A-9 SUCCESSION The General Conditions of the Stipulated Price Contract hereto annexed, and the other aforesaid Contract Documents, are to be read into and form part of this Agreement and the whole shall constitute the Contract be- tween the parties and subject to law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs,legal representatives,successors and assigns. In witness whereof the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers thereunto duly authorized. SIGNED, SEALED AND DELIVERED in the presence of: OWNER name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature Mane amre, Mayor name and tide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature witness atti . . . . . . . . . . . . . . . . . . . .. Barrie. Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . name and title name and title CONTRACTOR V. ,,s. . . . . e.�►fi name . . . . . . . . . . . . . . . . . signature name and tide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Gl. . . . . . . . . . . . . . . . . . . . . . . . . signature witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JO �� . . . � . . . . . . . . . . . . name and title name and tide N.B. Where legal jurisdiction,local practice, or Owner or Contractor requirement calls for proof of authority to ex- ecute this document, proof of such authority in the form of a certified copy of a resolution naming the person or persons in question as authorized to sign the Agreement for and on behalf of the corporation or partnership,parties to this Agreement,should be attached. CCDC 2— 1962 File 00510 5 CONTRACT No. CL 97-22 Section 00010 TABLE OF CONTENTS Page 1 SPECIFICATIONS FOR CONTRACT NO. CL 97-22 Section Title Division No. No. of a es CONTRACT DOCUMENTS DIVISION 00 00010 Table of Contents 1 00100 Instructions to Tenderers 6 00200 Form of Tender 4 00300 General Conditions 1 00400 Supplementary General Conditions 4 00900 List of Drawings 1 ELECTRICAL DIVISION 16 16010 Electrical Requirements 12 APPENDIX Geotechnical Investigation by Alston Associates Inc. CONTRACT No. CL 97-22 Section 00100 INSTRUCTIONS TO TENDERERS Page 1 INDEX CLAUSE SUBJECT PAGE 1. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. BLANK FORM OF TENDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. TENDER DEPOSITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. RIGHT TO ACCEPT OR REJECT TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. UNACCEPTABLE TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. ABILITY AND EXPERIENCE OF TENDERER . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8. PROVINCIAL SALES TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9. GOODS AND SERVICES TAX (GST) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10. EXECUTE CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11. COMMENCEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12. LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 13. SOILS INFORMATION AND CROSS-SECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 14. TENDERERS TO INVESTIGATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 15. INQUIRIES DURING TENDERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 16. AWARD OF THE CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 r17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 18. ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 19. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 i 1 CONTRACT No. CL 97-22 Section 00100 INSTRUCTIONS TO TENDERERS Page 2 1. GENERAL SEALED Tenders plainly marked "Contract No. CL 97-22" will be received until: 2:00 P.M., Local Time, Friday September 19th, 1997 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance St., Bowmanville, Ontario L1C 3A6 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer, in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender Atuount Minirrtum Deposit Required $ 20,000.00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. CONTRACT No. CL 97-22 j Section 00100 INSTRUCTIONS TO TENDERERS Page 3 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Stipulated Price plus GST, to guarantee his faithful performance of this Contract and his fulfilment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. ' 5. RIGHT TO ACCEPT OR REJECT TENDERS The Authority reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. CONTRACT No. CL 97-22 Section 00100 INSTRUCTIONS TO TENDERERS Page 4 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 of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. 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 of the General Conditions. 12. LOCATION tThe work is located at the Darlington Soccer Fields, on the East side of Solina Road, Part of Lot 24, Broken Front Concession, Township of Darlington in the Municipality of Clarington. 13. SOILS INFORMATION AND CROSS-SECTIONS Where a foundation investigation has been undertaken on behalf of the Authority, the report and other findings will be available for review at the office of the Contract Administrator. The information provided is for guidance only and is not guaranteed by the Authority. Design cross-sections may also be viewed for information purposes at the same location. CONTRACT No. CL 97-22 Section 00100 INSTRUCTIONS TO TENDERERS Page 5 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 15. INQUIRIES DURING TENDERING ' The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Contract Administrator, Totten Sims Hubicki Associates, Telephone: 905 668 4021 Ext 273, attention: Mr Greg Pargetter P.Eng. 16. AWARD OF THE CONTRACT jThe award of this Contract is subject to the approval of Ontario Hydro. r17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR 1 Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning 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. 18. 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. CONTRACT No. CL 97-22 Section 00100 INSTRUCTIONS TO TENDERERS Page 6 19. UTILITIES Known utilities are shown on the drawings. ' For additional information regarding existing utilities the Contractor may contact the following personnel: Ontario Hydro, Ray Bester 1905 623 6670 ext 3519. Contractor shall contact Mr Bester before work commences. ' CONTRACT No. CL 97-22 Section 00200 FORM OF TENDER Page 1 TO: Ms. Patti Barrie Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street Bowmanville, Ontario L1C 3A6 Re: Darlington Soccer Field Lighting Contract No. CL 97-22 WE, LANGLEY UTILITIES CONTRACTING LTD. [Name of Company] P.O. Box 218, 163 Baseline Rd.E., Unit#2, Bowmanville, Ontario L1C 3K9 905-623-8625 [Address] [Telephone] Having carefully examined the: - Instructions to Tenderers - The General Conditions of the Contract - Standard Construction Document CCDC 2, 1982, Stipulated Price Contract ' - Supplementary General Conditions - Specifications and Drawings as set forth in the Table of Contents - The Project Site - Addenda up to and including Addendum No. Dated [insert number of last Addendum received] as prepared by Totten Sims Hubicki Associates (1997) Limited. 1. 1, the Undersigned, hereby offer to furnish labour, tools, plant, services and materials including applicable taxes and duties in force at the time of Tender submission required to complete the Work in accordance with the requirements of the Tender Documents for the Total Stipulated Price of ' One hundred twenty one thousand three hundred -------------------__________ -----------------------—----------------------------------------------------------- and 00 /100 Dollars [$ 121,300.00 1 in lawful money of Canada if awarded a Contract on acceptance of this Tender within thirty (30) days from the time set for the Tender submission. The above amount does not include any amount for the Goods and Services Tax (GST). ' CONTRACT No. CL 97-22 Section 00200 FORM OF TENDER Page 2 3. And also agree th t this Tender a d r shall remain open for acceptance for the said time whether any other tender has previously been accepted or not. 4. And also agree that in submitting this Tender, we recognize the Owner's right to accept any Tender or Tender prices submitted or to reject all Tenders. S. And also agree that the awarding of a Contract, based on this Tender, shall constitute an acceptance of this Tender or such portion thereof as contained in the award, as soon as a letter ' of notification of award of the Contract thereof is posted. 6. And also agree that we will execute the Agreement Contract, within Ten(10) working days after presentation of the Contract for execution, by the General Contractor or by anyone acting on behalf of the Owner. 7. COMPLETION OF THE WORK OF THIS CONTRACT And also agree to substantially complete the Work of this Contract to the requirements of the Contract Documents by the following date: Substantial Completion December 20. 1997 ' 8. CONTRACTOR'S FEES The Bidder shall state in the space provided, the fees they will charge for additions to or 1 deductions from the work. These fees include the cost of clean-up associated with the change. [a] On his own work 10 % Overhead plus 10 % Profit [b] On subcontractor's work 15 % for Overhead and Profit ' CONTRACT No. CL 97-22 Section 00200 FORM OF TENDER Page 3 9. ALTERNATE PRICES ' The following are our prices for the alternate work for the owners consideration. Such alternate work and amounts ARE NOT included in our Stipulated Price. ' Item Price Deduction Addition i i i r i t ' CONTRACT No. CL 97-22 ' Section 00200 FORM OF TENDER Page 4 STATEMENT "A" ' PROPOSED SUBCONTRACTORS ' We list the names of Subcontractors we/I propose to employ for portions of the Work designated below. Harold Laird & Sons Excavating Sig ature SEAL Signature 905-623-8625 Langley Utilities Contracting_Ltd. Telephone Numbers of Signing Officers Name of Company September 19, 1997 P.O. Box#218, Bowmanville, Ontario ' Date Address L1C 3K9 1 0020OA/16/7/C CONTRACT No. CL 97-22 Section 00300 GENERAL CONDITIONS Page 1 ' 1.1 GENERAL The Agreement, Definitions and General Conditions of the Stipulated Price Contract shall be the Canadian Standard Construction Document CCDC-2, 1982, Stipulated Price Contract, except as amended by Supplementary General Conditions, Section 00400. CONTRACT No. CL 97-22 Section 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 1 1.0 GENERAL ' The following conditions supplement or amend the General Conditions of the Standard Construction Document CCDC 2, 1982 Edition of the Stipulated Price Contract incorporating Agreement between Owner and Contractor, Definitions, and The General Conditions. All parts of the Contract are complementary and shall be read together, and govern the work, subdivision, or Section of the work. ' 2.1 ARTICLE A-4. PAYMENT The interest rate for unpaid amounts shall be the Bank of Canada lending rate at Contract signing plus 2%. 2.2 GC 1 DOCUMENTS Delete Article 1.7 and insert the following: ' 1.7 The Consultant will issue to the Contractor: - 5 sets of drawings and specifications upon which the Contract is based. - Additional copies of drawings and specifications will be issued to the Contractor at the Contractor's expense. Add: ' 1.11 The Contractor shall study carefully drawings, specifications, and other instructions, and shall notify the Consultant of any discrepancy, omission or errors, and request clarification and instruction. If noticed during construction, work shall stop on the portion affected until it has been clarified, and instruction to proceed obtained from the Consultant. ' 2.3 GC 7 DISPUTES 7.5 Delete present text and substitute the following: ' Parties to this Contract, in the first instance in the settlement of disputes shall submit disputes to arbitration in accordance with the provisions of the Arbitration Act of the Place of Work. 7.6 Delete. r rCONTRACT No. CL 97-22 r Section 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 2 1 2.4 GC 10 SUBCONTRACTORS ' Add: 10.8 The responsibility as to which Contractor, Subcontractor, trades or supplier provides labour, material and services for the work or parts of the work, rests solely with the Contractor. ' 2.5 GC 12 VALUATION AND CERTIFICATION OF CHANGES OF WORK ' Add: 12.1 : The percentage fee shall be as stated by the Contractor on the ' Form of Tender. Add. 12.7: In computing accounts for extras and credits, all credits shall be deducted from the total sum of the extras before charges for overhead and profit are added. ' 2.6 GC 13 APPLICATIONS FOR PAYMENT Add: r13.7: Applications for payment shall be accompanied by a duly signed Statutory Declaration on CCA Form 9B. ' 2.7 GC 14 CERTIFICATES AND PAYMENT Refer Article 14.2 - change (5) to read (30) Refer Article 4.5 - delete and replace with: ' 14.5 Holdback monies will not be released until 46 days after substantial performance of the Contract excluding any monies held in reference to Article 14.15. Refer Article 14.7 - change (5) to read (30). i r rCONTRACT No. CL 97-22 Section 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 3 r 2.7 GC 14 CERTIFICATES AND PAYMENT (Cont'd) Add: 14.15: The Owner may withhold or nullify the whole or any extent as may be necessary to protect himself from loss on account of the following: ' - Defective work not remedied. Delay in performance of the work. - Delay in submission of documentation, certificates, samples shop drawings, ' and record drawings. - Claims filed or reasonable evidence indicating probable filing of claims. - Failure of Contractor to make payments properly to subcontractors, trades or ' suppliers for material or for labour. - Contract cannot be completed for the unpaid balance. - Damaged work(by Contractor, Subcontractors, trades or suppliers). ' When evidence of the above grounds has been removed, the Consultant will immediately issue certificates for the proper amounts withheld. r2.8 GC 16 LAWS. NOTICES. PERMITS AND FEES Delete Article 16.2 and insert the following: rThe Owner will arrange and pay for the Building Permit and Ministry of Labour approvals. Any other permits, licences and certificates required shall be provided ' by the Contractor. Add 16.6 The Contractor shall comply with all municipal and provincial by-laws, laws and regulations regulating construction, erection and maintenance of any hoisting equipment, booms and derricks and submit to the authorities, when required, ' information concerning sequence of erections, details and timing of permanent erections, shoring and temporary bracing and location of lifting equipment and save harmless the Owner or his agent from causes or claims for failure to comply with the ' above. 1 r r CONTRACT No. CL 97-22 ' Section 00400 SUPPLEMENTARY GENERAL CONDITIONS Page 4 i 2.9 GC 19 INDEMNIFICATION Article 19.1: (b) becomes "caused by negligent acts or omissions of the Contractor, any subcontractor or supplier or anyone for whose acts the Contractor may be liable and" Article 19.2 is deleted 2.10 GC 20 INSURANCE ' Add to Paragraph 20.1: Contractor shall be required to pay any deductible portions for insurance policies and claims to said policies. Paragraph 20.1 Sub-Paragraph (d) revise to read: ' Owner shall provide and maintain Property Insurance. 2.11 GC 29 USE OF THE WORK Add: To 29.3: The Owner shall have the right to enter upon and take possession of the work in whole or in part for purposes of placing fittings and equipment or other use before ' completion of the Contract. Such entry and taking possession shall not be considered as acceptance of the Work nor in any way relieve to Contractor of his responsibility to complete the Contract. CONTRACT No. CL 97-22 Section 00900 LIST OF DRAWINGS Page 1 TITLE DRAWING NO. Site Plan E1 ' Details E2 ' Schedules and Schematics E3 i i CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 1 PART l: GENERAL 1.1 GENERAL REQUIREMENTS ' This Division shall conform to all the requirements of the General Requirements Division. 1.2 OTHER WORK ' Note that this contract also involves a water supply to the pond, see drawings. ' 1.3 PERMITS AND ALLOWANCES Submit drawings to OHEPC &Ontario Hydro Darlington for approval prior to commencement. Pay all OHEPC permit and inspection costs. 1.4 VISIT SITE ' Visit and examine the site. Review other Division's documents. No compensation will be allowed for difficulties arising from failure to do so. 1.5 ALTERNATES ' Should a bidder wish to propose alternates for the items included in the Tender amount, a separate list of such alternates and the cost changes to the aforesaid Tender amount shall be submitted for the Consultant's consideration. This list must be submitted with the tender, and alternates will be considered after the close of tendering time only if specified items are restricted with respect to availability. ' With this list of alternates, submit manufacturer's name, catalogue numbers, and sufficient details to enable the Consultant to properly evaluate the proposal. Alternates submitted without this information will not be considered. The contractor shall assume full responsibility for all ' additional subsequent installation, equipment and related costs to the entire system which may result from the acceptance of an alternative piece of equipment or system. ' Alternates shall only be included in the Agreement upon written authority of the Consultant and the Tender amount shall be adjusted in accordance with the cost changes in the submitted alternative list. ' CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 2 ' 1.6 TENDS The electrical contractor shall refer to Instruction to Bidders and Tender Form for ' tender submission requirements. Upon award of contract submit a detailed construction schedule. ' Upon award of Contract the contractor shall submit a cost break down of the major portions of the work, including but not restricted to: - Permit, Set-up, Temporary power& Lights. ' - Underground secondary feeders, - Panels, - Sub Feeders, ' - Rough-in, -Light Fixtures, - Poles, - Pole bases, ' - Miscellaneous. - Pond water system, ' 1.7 REGULATIONS Comply with the latest Ontario Building Code and amendments & the requirements of the ' Municipal Building Department. Comply with the latest regulations of the electrical safety codes and the requirements of the ' local Ontario Hydro-Electric inspection department, the requirements of the local hydro commission, the recommended standards of the Canadian Standards Association, the Ontario Ministry of Labour, the Health and Safety Act and any other applicable authority. 1.8 SCOPE ' Generally, the work includes, in the time frame set out or implied, the provision of complete interfaced operating electrical systems shown, implied, described or required, including but not limited to all labour; equipment; confirmations, coordination of equipment; spare parts; fees; ' permits; inspections; investigations; studies; acceptance tests, including 3rd party; reports; bonds; insurance; warranties; notices; declarations; administration; liaison, reviews, meetings, correspondence and travel. ' Contractor shall contact the engineer so that the pole base structure may be inspected before backfilling. ' CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 3 Contractor to pay for all costs associated with security guard requirements as applicable to the ' project. Supply and install, including the payment of all permits, a sufficient temporary electrical distribution system, for use by all, for the duration of the project. Pay all energy costs. The electrical drawings are generally schematic and indicate major equipment and intended ' overall arrangement. Exact sizes, locations, devices and arrangements shall suit site conditions and requirements. The Contractor shall review shop drawings for sizes and requirements of equipment and ensure compatibility of all systems specified and installed; report problems, concerns and variations. The engineer shall review shop drawings of equipment prior to installation. ' Drawings and specifications are to be read in conjunction with all other design and engineering documents. Provide all equipment after co-ordinating and reviewing all Division 16 work required by other trades, service companies and jurisdictional authorities. Ensure all ' equipment is installed correctly and sequentially. In case of conflict among the above authorities or trades, the most stringent requirements shall apply. ' All work and material shall be installed by competent tradesmen, to the manufacturer's and engineer's recommendations and satisfaction, as applicable. ' 1.9 CONSTRUCTION RESTRAINTS Sodding and surfaces, trees and any other item damaged as a result of performance under this Agreement shall be replaced/restored to a similar quality of the surrounding area. ' 1.10 ADMINISTRATION Submit a list of delivery dates for each type of equipment, within 30 days of awarding of the ' contract. The list shall include the manufacturers name. Submit 6 copies of shop drawings for each relevant item of electrical equipment. Also, submit shop drawings to other engineering disciplines as required. Drawings shall indicate conformity with all items of the equipment specifications. ' Claims for extras shall be submitted with a complete breakdown of material and labour. ' CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 4 1.11 CERTIFICATES Provide copies of all required certificates of approval. 1.12 RECORD DRAWINGS White prints shall be provided for record purposes. Keep a careful record on these ' drawings of all variations between the installation and the drawings, including change orders and site instructions. At the completion of the installation provide two sets of final "as built" drawings, including all installed equipment, devices and conduit. 1.13 MAINTENANCE MANUAL ' At completion of project provide four type written manuals containing operating, performance and maintenance information for all supplied electrical equipment; including shop drawings, reports, certificates, warranties, spare parts lists and any other pertinent information. The Binders shall be hard covered, three ring type and information shall be formatted to include a ' table of contents and section tabs. ' 1.14 GUARANTEE ' As a minimum provide 1 year guarantee for entire installation from date of acceptance. Provide manufacturers' standard guarantee if greater than one year. ' PART 2: PRODUCTS ' 2.1 MATERIAL All material shall be specification grade, where applicable, new and carry C.S.A. ' approval or special hydro inspection approval. Similar devices and items shall be from one manufacturer throughout the project. 1 2.2 GROUNDING ' Provide all grounding to the authorities approval. Provide appropriately sized ground or bond wire in all conduit systems; including EMT, steel, ' PVC and ENT types. CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 5 Provide grounding straps to equipment as required. Install 20 X 3000mm long copper clad steel rod electrodes and make grounding connections. ' A resistance measurement shall be performed on rods prior to termination and backfill. A log of measurements shall be provided if required. Notify Engineer if the resistance of any rod is greater than 5 ohms. ' 2.3 LOCATIONS. ACCESS AND CLEARANCES ' Install all equipment according to manufacturers recommendations with adequate access and clearances. ' 2.4 EXCAVATION &BACKFILL Provide all excavating, backfilling, restoration and concrete work required for the electrical work. In any case, it shall be the electrical contractor's responsibility to ensure that all costs for such work are included in the total contract amount. Before commencing work establish location and extent of under and above ground utilities in ' the area of excavation. If there is a conflict or misinformation notify, in writing, the Engineer, Utility Companies and Municipal authorities of findings. Submit copies of all notifications to Engineer. Provide adequate sand encasement and protection for all direct buried conduit and cables. ' The contractor shall ensure that the soils engineer inspect all excavation before backfilling and that a written report is available upon request. ' 2.5 EQUIPMENT Disconnects, panels, meter sockets, etc. shall be by Group Schneider, Cutler-Hammer, ' Siemens or approved equal. Service equipment and other relevant systems to be rated for 100% loading. ' Selector Switches: maintained, 2 positions, of heavy duty construction, standard operator handle, contact block arrangement, unless otherwise specified herein or as shown on Drawings. ' Provide splitter boxes and or troughs as required, stelpor or approved equivalent. ' CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 6 Switches, receptacles and cover plates etc. shall be specification grade and manufactured by Hubbell, Bryant, Smith& Stone or approved equal. Device body shall be grey and covers grey. Provide Class A Ground Fault receptacles and weather proof cover as indicated. ' Transformers shall be as indicated and manufactured by Hammond, Rex, Marcus or approved equal. ' Provide required control boxes, lockable if required, as necessary. All equipment shall operate without objectional noise or vibrations to owner's satisfaction. 2.6 SPARE PARTS Provide three (3) spare fuses of each size and type used. Provide two spare field lighting ballasts, two spare lamps and two spare lens assemblies to the ' Owner at completion of the project. 2.7 PANELBOARDS Provide new lighting and power panels, as noted, complete with lockable doors. Provide circuit breakers for all loads and devices wired under the contract. Provide 3 spare 15A, S.P. Breakers in each lighting panel. 2 and 3 pole breakers shall have common trip. ' 2.8 CONTROL STATIONS ' Control station shall be supplied and installed as indicated on the drawings. Control station enclosure shall be complete with a hinged door, CSA Encl. 4 construction and provision for padlock. Key operated maintained on-off selector switches shall be inside enclosures. Enclosure shall be finished in ASA 61 grey baked enamel. Control stations shall be complete with maintained press button devices as shown on the drawings and manufactured by Allen Bradley, Square 'D' or Westinghouse. Control stations shall be banded to galvanized steel pole with 13 mm stainless steel banding ' straps. CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 7 2.9 FUSES ' All fuses shall be bussman HRC I or equal and as required by manufacture. ' Fuses 600 ampere or less for in-rush circuits (motor or primary of transformer etc.) shall be class "J" hi-cap time delay. ' 2.10 WIRING Wiring shall be RW90. All conductors, unless specifically noted otherwise, shall be copper with 600 volt insulation. All feeders shall be run in continuous length between power supply point and the load with no splices. ' Branch circuit wiring shall be #12 AWG minimum. Size wiring to maintain a maximum of 2% voltage drop, also on a 15 amp single pole breaker: ' - Use#12 AWG RW90 up to 100 feet (30m), - Use#10 AWG RW90 up to 150 feet(45m). ' 2.11 CONDUIT Unburied conduit shall be EMT or rigid PVC as permitted by Code unless stated ' otherwise. Direct buried conduit shall be rigid PVC conduit or ENT, with ground, as permitted by Code. ' Provide all pull boxes,junction boxes, terminal boxes, fittings, seals, drains, plugs, cover plates, bushings, clips, rods and accessories as required for a complete job. ' Fill voids between conduits and sleeves with material and caulking sealants to suit application. Cutting and patching for holes created, located incorrectly or too late shall be performed and paid by contractor. ' Co-ordinate and record exact routing of underground ducts and conduits wit site work contractor. Establish elevation of ducts, schedule of work etc.. before installation. ' All conduit and wiring within the building shall be run neatly and parallel to the building structure, above finished ceilings, within finished walls or below the floor. Conceal conduits as ' much as practical. It shall be supported from the building structure. Minimize horizontal runs along walls. Nails or tie wires will not acceptable. Do not caddie clip to ceiling hangers. Provide fish wire in all empty conduit. CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 8 ' 2.12 LIGHTING FIXTURES & LAMPS Provide and install complete lighting fixtures and lamps, as designated in the fixture schedule. 2.13 LIGHTING POLES. FIXTURES AND RELATED HARDWARE ' Provide poles, base, fixture and lamps as designated and or required. Aim fixtures as required. Submit applicable photometric test results. Fixtures to be complete with the following: polycarbonate shield, remote aiming sight, 6 ft SO ' cord and safety cable. The Contractor shall co-ordinate with the manufacturer's representative to ensure installation ' procedures and adjustments are in accordance with manufacturer's recommendations. The Contractor shall co-ordinate time of arrival and be responsible for off-loading and storage ' of all materials. All materials shall be stored in a secure, dry storage facility until installation is undertaken. Poles shall be handled using suitable slings at the pole pick up points specified by the pole manufacturer. Reflectors, glassware and lamps shall not be installed until the pole has been erected and the brackets and luminaires mounted and levelled. ' Luminaires shall not be exposed to conditions where moisture can damage the insulation and reflecting surfaces of the optical system, and when removed from cartons during the process of ' installations, they shall be protected with a covering acceptable to the Engineer until the reflector, glassware and lamps are installed. ' Install fixtures on cross arm and lamp. Each pole shall have a number of fixtures as indicated on the drawings. ' Fixtures are to be as stated or approved alternate. Fixtures shall have suitable beam cut off properties to be considered. ' Supply and install cross arms as recommended by the manufacturer and approved by the Consultant. CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 9 Acceptable alternate manufacturers are Hubbell, Lithonia, Cooper and Holophane. tLamps shall be General Electric or Philips or as required by Manufacturer. ' 2.14 LIGHTING LEVEL ' The Contractor shall obtain from the flood lighting manufacturer, an aiming chart and shall submit this chart as a shop drawing to the Consultant. Revised aiming charts shall be submitted, as required, to reflect 'as-built' conditions before and after the aiming of the ' fixtures. The Contractor shall co-ordinate and assist the fixture manufacturer in the taking of readings of ' the light intensities obtained over the playing area using a cosine corrected light meter of a type approved by the Consultant and operated by an experienced and qualified operator. Readings shall be taken at aiming points every 9 metres, recorded and submitted to the Consultant in drawing form for approval. Readings shall not vary more than 2.5 to 1 max./min and 1.7 to 1 average/min. If readings taken are not acceptable, the Contractor shall adjust aiming angles as recommended by the manufacturer which shall not exceed 60 degrees from pole. The Contractor shall repeat this procedure as often as necessary, to obtain the desired light distribution without additional ' costs to the Owner. The Contractor shall read the final settings of the floodlights as shown on the horizontal and vertical scales of the floodlights, record the readings and submit them to the Owner. ' Before light intensity readings are taken the light fixtures shall be "burned in" for 100 hours. ' 2.15 CONTACTORS & TIMERS All lighting contactors to be Square D No. 8903 series electrically held, complete with ' enclosure and control transformer etc. Timer control and hand-off-auto switch to suit installation. Remote pushbutton control shall be Square D 9001 series or equal, 120 single pole. Supply and install Tork programmable time as indicated on drawings. The control shall have power outage battery carry-over. r ' CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 10 1 2.16 CONTROLS ' Standard contact cartridges: normally-open- convertible to normally-closed in field. rTimed contact cartridges: timed off, on- as indicated on drawings. Mounting strips: indexed strips easily cut to required length and bolted, rivetted, or spot-welded in place. Relays are installed in rows on strip with captive mounting screws. Rows of relays on mounting strip shall form their own wiring trough. Appropriately sized terminal strips are to be provided as splice points, butt splices are not rallowed. Control circuit breakers shall be rail mounted, thermal magnetic, toggle operated type. ' Heavy duty water tight, integral transformer, lens colour: as indicated on drawings, supply voltage: 120 V, all led type lamps. rElapsed timer module to be manufactured by Cramer or equal. ' Acceptable manufacturers for pushbuttons, selector switches etc: Allen Bradley Ltd. series 800T, Klockner Moeller RMQ System, Square D Co. Ltd. class 9007, Siemens Canada Ltd. Type 3SB1, or approved alternative. ' 2.17 SERVICE ENTRANCE& FEEDERS r Arrange for a new 200 ampere, 600 volt, 3 phase, 60 hertz, 4 wire electrical service with the Ontario Hydro. Hydro service charges will be paid by the Owner. ' Provide secondary duct banks and service entrance equipment as indicated. Supply and install meter base and meter protection as shown on the drawings and as per local ' Hydro specifications. On a three phase service the unbalance due to single phase loads shall not exceed 20% of the customers total demand in kilowatts. Contractor shall submit results to the engineer for review. ' Balance all circuits and sub-feeders to within 5%. Contractor shall submit results to the engineer for review. r r r ' CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 11 2.18 SURGE SUPPRESSION ' Provide lightning arresters, metal oxide type, as shown on the drawings. Mount the lightning arresters in the cable entrance compartment, suitably supported. PART 3: EXECUTION ' 3.1 EQUIPMENT INSTALLATION Install and or program/set-up all equipment as indicated and/or required and complete all commissioning. If required provide hard copies of all programs for review before and after commissioning of equipment. ' Before start up coordinate and confirm all electrical equipment and systems are compatible, shall work safely, sized correctly and shall work as intended. Electrical work is indicated generally on the Drawings by Standard symbols as per the legend. The letters in the symbol indicate the type of device as per the schedules. The letters and ' numbers outside and adjacent to the symbols indicate the panel and circuit number. If no circuit identify is indicated utilize available circuit and load to acceptable practises. ' Switches shall operate vertically with 'ON' being the upper position. Devices on three way switches shall be off when all toggles are down. ' Correct installed work as directed by authorized inspector of such authorities. 3.2 IDENTIFICATION ' Identify all panels, starters, disconnect switches etc. with approved screwed on lamicoid name plates. Disconnects and contactors: indicate equipment being controlled and voltage. Also ' indicate "Equipment to be off before Isolation" on all disconnects. Terminal cabinets and pull boxes: indicate system and voltage. Transformers: indicate capacity, primary and secondary voltages. Use white colour background with 3mm (1/8") high black letters. Use client eequipment numbers as required. Update all directory information, to be type written. ' All wiring shall be colour coded and shall be identified at each end with brady self-sticking permacode wire markers. CONTRACT No. CL 97-22 ' Section 16010 ELECTRICAL REQUIREMENTS Page 12 Provide warning signs, as specified or to meet requirements of Inspection Department and ' Consultant. Use porcelain enamel for outdoor and decal for indoor signs, minimum 175 x 250 mm size. ' 3.3 CONTACTORS & TIMERS Connect coil of the programmable time control as required. Programme timing schedule for each circuit as per manufacture and tenant instructions. 3.4 EQUIPMENT MOUNTING HEIGHTS Mounting height of equipment is from ground to centreline of equipment unless indicated otherwise. Verify unspecified heights and dimensioned locations before installation. Install electrical equipment at following heights unless indicated otherwise. 3.5 CLEAN-UP Continuously remove surplus and waste material generated by the electrical work and finally clean all equipment and material supplied. 3.6 TEST ' Furnish labour, materials, instruments and bear other costs in connection with all tests, including third parry and factory tests, obtain required certificates of approval, acceptance, and compliance with regulations of agencies having jurisdiction and as specified. ' The owner reserves the right of trial or temporary usage prior to accepting the installation. Insulation resistance testing. Megger circuits, feeders and equipment up to 350 V with a 500 V instrument. - Megger 350-600 V circuits, feeders and equipment with a 1000 V instrument. ' - Check resistance to ground before energizing. (Disconnect lightning arresters and withdraw potential transformers when carrying out these tests.) 3.7 INSPECTIONS ' Work shall not be deemed complete and final certificate of acceptance will not be issued, until all indicated certificates of approval have been'delivered to the Engineer. End Section MUNICIPALITY OF arrin ton ONTARIO a ■ totten sims hubicki associates engineers architects and planners 1 i CORPORATION OF iTHE MUNICIPALITY OF CLARINGTON FOSTER CREEK CULVERT EXTENSION, ROBERT STREET, NEWCASTLE CONTRACT NO. CL97-20 i ' SEPTEMBER 1997 1 i i 1 1 totten sims hubicki associates ' Engineers, Architects and Planners TSH No. 12-10599 i 1 t t AGREEMENT ' THIS AGREEMENT made in triplicate this 7th day of October, 1997. P Y ' BETWEEN: B.N. FENTON CONSTRUCTION LTD. ' of the Regional Municipality of Durham and Province of Ontario ' hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - the CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Purchaser" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, ' equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to ' complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and ' purposes as though all the stipulations thereof have been embodied herein. ' Page I of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Municipality of Clarington Contract No. CL97-20, Foster Creek Culvert Extension, Robert Street, Newcastle. ADDENDUM NO. 1 dated September 10, 1997 A. TENDER FORM: General Pages 1 and 2 ' Itemized Bid Page 3 Agreement to Bond Schedule of Tender Data Page 5 B. INSTRUCTIONS TO TENDERERS Pages 1 to 4 C. SPECIAL PROVISIONS - GENERAL Pages 1 to 23 D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 6 E. STANDARDS F. PLANS: Drawing No. 1 G. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications ' OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 351 Sept. 1996 510 Oct. 1993 570 Aug. 1990 128 Current 421 Jan. 1995 511 Feb. 1990 571 Aug. 1990 314 Dec. 1993 501 Feb. 1996 565 April 1988 902 Dec. 1983 I. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) All plans and documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in ' accordance with this agreement on or before the expiration of twenty (20) working days from the commencement date of Monday, October 20, 1997. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. ' Page 2 of 3 IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor -/ ) in the presence of ) ) SIGNED and sealed by the Purchaser PF ) ) in the presence of ) r a e, ayor ) rye, Clerk 1 16431A116MC 1 Page 3 of 3 CONTRACT NO. CL97-20 MUNICIPALITY OF CLARINGTON FOSTER CREEK CULVERT EXTENSION, ROBERT STREET, NEWCASTLE ' ADDENDUM NO. 1 Contractors are hereby notified of the following modifications to Contract No. CL97-20 ITEMIZED BID Revised Itemized Bid (Page 3 of 5) attached which includes one additional Item No. 15 "Environmental Protection". Remove page 3 from documents and replace with revised Itemized Bid. ' SPECIAL PROVISIONS - TENDER ITEMS Special Provision for Item No. 15 is attached. STANDARD DRAWINGS The following Standard Drawings are attached: • Siltation Fence Detail • Rock Check Dam • On Stream Sediment Trap All tenders must be submitted on the basis of this modification. This Addendum shall remain attached to and form part of all Tenders submitted. Totten Sims Hubicki Associates 513 Division Street, P.O. Box 910 Cobourg, Ontario. K9A 4W4 September 10, 1997 1 16453/15/E/C ITEMIZED BID CONTRACT NO. CL97-20 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL97-20 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions ' Item Spec. Description of Item Unit Quantity Unit Price Total No. No. 1. 510 902 Removal and Disposal of LS SP Existing Structure 2. 902 Excavation of Materials for m3 15 SP Culvert Extension 3. 314 902 Clear Stone Bedding to Culvert m3 10 SP Extension 4. 421 Twin 1800 mm dia. x 8000 SP mm long, CSP Culvert LS Extension, 3.5 mm thick P.G. 5. 314 501 Granular `A' Backfill to LS 902 SP Culvert 6. 421 SP Clay Seal LS 7. 511 SP Rock Protection LS 8. 511 SP River Run Stone LS 9. 421 600 mm Dia. Corrugated Steel SP Pipe Culvert, Plain in 3.5 Galvanized, 1.6 mm Gauge including Excavation, Bedding and Backfill 10. 351 SP Concrete in Sidewalk m2 55 11 570 571 Topsoil (imported) and ' SP Nursery Sod(Staked) m2 60 12. 541 SP Chain Link Fence. m 3 13. 552 SP Steel Beam Guiderail in 16.4 14. 212 SP Earth Borrow m3 t 300 15. 577 SP Environmental Protection LS Total (excluding GST) GST (7% of Total) TOTAL TENDE1 R �t T Tenderer's GST Registration No. Page 3 of 5 pages - SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL97-20 1 of 2 ENVIRONMENTAL PROTECTION - ITEM NO. 15 Work to be Performed Under this Item and for the lump sum contract price, the Contractor shall supply all labour, equipment and materials etc., required to complete the installation, maintenance and subsequent removal of the siltation control devices, inclusive of but not limited to the following: • Installation and Removal of Silt Control Fences • Installation and Removal of Rock Check Dams • Installation and Removal of On Stream Sediment Trap All as required to accommodate and construct the work shown on the Contract Drawings and specified herein. The Contractor shall submit six (6) copies of his detailed showing his proposed location(s)of siltation control devices, to the satisfaction of the Engineer, the Ministry of Natural Resources and the Ganaraska Region Conservation Authority. The Contractor shall be wholly responsible for the adequacy of his method of minimizing siltation. Payment for this Item will be made at the rate of 50% upon installation of the protection schemes and 50% after removal. Part a) Silt Control Fence rThe Contractor shall, prior to commencing work on the site, supply and install silt control fences. The Contractor will be responsible for the installation and maintenance of the silt fence within the Contract Limits. If necessary the Contractor will be required to supply and install additional silt control fences at locations as directed by the Engineer. Silt control fences shall be installed in accordance with the attached detail drawing, to prevent sedimentation from the construction area entering the adjacent property and/or waterways, and as directed by the Engineer. Any accumulated sediment shall be removed at the direction of the Engineer and be disposed of off the site in accordance with OPSS 510. The silt control fences shall be left in place until growth has been successfully established in revegetated areas. Part b) Rock Check Dams The Contractor shall supply and install rock check dams in accordance with the attached detail drawing, and as ' directed by the Engineer. Rock check dams shall normally be required in ditchlines as soon as rough grading is complete. ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL97-20 2 of 2 ' ENVIRONMENTAL PROTECTION - ITEM NO. 15 (cont'd.) The Contractor shall clean and maintain the rock check dams as required. The dams shall be cleaned when approximately 50% filled with sediment as directed by the Engineer. Sediment material removed from the dams shall be hauled and disposed of outside the contract limits in areas arranged for by the Contractor. ' Rock, filter cloth and any accumulated sediments shall be removed at the direction of the Engineer and disposed of off the site in accordance with OPSS 510. This will normally be required once permanent ground cover is established. The site shall be graded to conform to surrounding contours without damaging adjacent ground cover. Part c) On Stream Sediment Trap The Contractor shall supply and install an on stream sediment trap in accordance with the attached detail drawing, and as directed by the Engineer. The Contractor shall clean and maintain the sediment trap as required. The trap shall be cleaned when approximately 50% filled with sediment as directed by the Engineer. Sediment material removed from the traps ' shall be hauled and disposed of outside the contract limits in areas arranged for by the Contractor. The sediment traps shall be maintained until embankment slopes and ditches in the area are sodded. The trap shall then be removed and the area restored to its original grade or as shown on the drawings. The Contractor shall not permit any excavated materials or other material to be deposited in the watercourse except that indicated in the contract documents such as rock protection. 1 50mm x 50mm x 1.2m LONG WOOD STAKES @ I.Om o/c OR FILTER APPROVED OTHER FABRIC Z_ OV <O�4� BACKFILL GROUND LINE O 0.3 DETAIL SILTATION FENCE ^T OFQI R-? A A -- 50mm CRUSHED LIMESTONE = ( FLOW ' - __ _-- OF DITCH RIP RAP STONE �---- FILTER CLOTH RI TO ONE I TER RAFIX 27OR I R IN SIZE PLAN VIEW OR EQUAL) RIP-RAP STONE //-FILTER CLOTH 0.6m MIN. AT CENTRE -_ FLOW 50mm CRUSHED LIMESTONE ' SECTION A - A ROCK CHECK DAM i A A « .♦ 50mm CRUSHED LIMESTONE . 1V� 1�f•JI IV•w1 1 v M•�n�V�...M Am �+;w rNr'+i�i��+'w+�-� 1.0 FLOW M N. I.O¢ OF CREEK 11r w.rl�f.ai T err•w r I. 'III.0 Y'�rR LL'lllr Y' 1{.i�w r l�f'Jr T I V•w r 1 r Y' IR LL•. 1V�N r 'R 1 Y.. MIV' RIP-RAP STONE FILTER CLOTH IOOmm TO 200mm (TERRAFIX 270R IN SIZE PLAN VIEW OR EOUAL) RIP-RAP STONE 2.5m MIN. FILTER 'CLOTH 0.6m MIN. FILTER AT CENTRE CLOTH FLOW w- 50mm CRUSHED 300mm LIMESTONE RIP-RAP BACKPITCH STONE SECTION A - A DETAIL ON STREAM SEDIMENT TRAP CTR62211_1 PROJECT: TENDER FOR CONTRACT NO. CL97-20 FOSTER CREEK CULVERT EXTENSION, ROBERT STREET, NEWCASTLE AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES ' ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET, P.O. BOX 910 COBOURG, ONTARIO. K9A 4W4 Telephone: 905: 372-2121 Fax: 905: 372-3621 TENDERER: B.N. Fenton Construction Ltd. Name Gold pine Avenue COURTICE, Ontario LIE 1N7 Address (include Postal Code) 905-436-3553 905-436-0002 Telephone and Fax Numbers Barry N. Fenton Name of Person Signing Vice-President Position of Person Signing ' TENDERS RECEIVED BY: Mrs. Patti Barrie Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 16431A/16n/c 1 1 Page 1 of 5 pages r TENDER CONTRACT NO. CL97-20 To: The Mayor and Members of Council Corporation of the Municipality of Clarington ' Re: Contract No. CL97-20, Foster Creek Culvert Extension, Robert Street, Newcastle ' 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 5 pages ITEMIZED BID CONTRACT NO. CL97-20 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL97-20 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions Item Spec. Description of Item Unit Quantity Unit Price Total No. No. 1. 510 902 Removal and Disposal of LS 3,500.00 3,500.00 SP Existing Structure 2. 902 Excavation of Materials for m3 15 18.00 270.00 SP Culvert Extension 3. 314 902 Clear Stone Bedding to Culvert m3 10 60.00 600.00 SP Extension ' 4. 421 Twin 1800 mm dia. x 8000 SP mm long, CSP Culvert LS 16,000.00 16,000.00 Extension, 3.5 nun thick P.G. r5. 314 501 Granular `A' Backfill to LS 3,600.00 3,600.00 902 SP Culvert 6. 421 SP Clay Seal LS 1,800.00 1,800.00 7. 511 SP Rock Protection LS 2,000.00 2,000.00 8. 511 SP River Run Stone LS 1,400.00 1,400.00 r9. 421 600 mm Dia. Corrugated Steel SP Pipe Culvert, Plain in 3.5 400.00 1,400.00 Galvanized, 1.6 mm Gauge including Excavation, Bedding and Backfill ' 10. 351 SP Concrete in Sidewalk 1112 55 50.00 2,750.00 11 570 571 Topsoil (imported) and 7.00 420.00 SP Nursery Sod (Staked) m2 60 12. 541 SP Chain Link Fence. m 3 40.00 120.00 13. 552 SP Steel Beam Guiderail in 16.4 100.00 1,640.00 14. 212 SP Earth Borrow m3 1 300 20.00 6,000.00 15. 577 SP Environmental Protection LS 1 5,000.00 5,000.00 Total (excluding GST) 46,500.00 GST (7% of Total) 3,255 00 TC)'TAL �' tD �►U111T 497 t)fi Tenderer's GST Registration No. 138376298RT Page 3 of 5 pages AGREEMENT TO BOND to be com leted b Bonding o l w y B� g C mZany) CONTRACT NO. CL17-20 BOND NO. 304117-13 WE, the Undersigned, HEREBY AGREE to become bound as Surety for B.N. FENTON CONSTRUCTION LTD. in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No. CL97-20 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT TORONTO this 17th day of SEPTEMBER 1997. ' THE GUARANTEE COMPANY OF NORTH AMERICA Name of Bonding Company Sharon Burns Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) Attorn -in-fact Position (This Form shall be completed and attached to the Tender Submitted). Page 4 of 5 pages SCHEDULE OF TENDER DATA CONTRACT NO. C 97-20 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Page 3 Agreement to Bond Schedule of Tender Data Page 5 ' B. INSTRUCTIONS TO TENDERERS Pages 1 to 4 C. SPECIAL PROVISIONS - GENERAL Pages 1 to 23 D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 6 E. STANDARDS F. PLANS: Drawing No. 1 1 G. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications ' OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 351 Sept. 1996 510 Oct. 1993 570 Aug. 1990 ' 128 Current 421 Jan. 1995 511 Feb. 1990 571 Aug. 1990 314 Dec. 1993 501 Feb. 1996 565 April 1988 902 Dec. 1983 ' I. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) iThe Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL97-20, executed by me/us bearing date the 19th day of September 1997. SIGNATURE POSITION Vice-President J (COMPANY SEAL) NAME OF FIRM B.N. FENTON CONSTRUCTION LTD. ' This is Page 5 of 5 Pages to be submitted as the Tender Submission for Contract No. CL97-20. ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL97-20 E iINSTRUCTIONS TO TENDERERS 16432/15/8/C INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-20 CLAUSE SUBJECT PAGE 1. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. BLANK FORM OF TENDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. TENDER DEPOSITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. RIGHT TO ACCEPT OR REJECT TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6. UNACCEPTABLE TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. ABILITY AND EXPERIENCE OF TENDERER . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. PROVINCIAL SALES TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9. GOODS AND SERVICES TAX (GST) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10. EXECUTE CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11. COMMENCEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 13. SOILS INFORMATION AND CROSS-SECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . 3 14. TENDERERS TO INVESTIGATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 15. INQUIRIES DURING TENDERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17. ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-20 1.= GENERAL SEALED Tenders lainl marked "Contract No. CL97-20" will be received until: P Y 2:00 P.M., LOCAL TIME, FRIDAY, SEPTEMBER 19, 1997 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street Y Bowmanville, Ontario. L1C 3A6 ' 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer, in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender Amount:: Mitt,WUM Deport ltequrre�t $ 20,000 00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 1 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 ' All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. ' INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-20 2. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfilment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. j5. 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. 1 ' INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-20 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 of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. 1 Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. 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 of ' the General Conditions. ' 12. LOCATION The work is located on Robert Street, Village of Newcastle. 13. SOILS INFORMATION AND CROSS-SECTIONS Where a foundation investigation has been undertaken on behalf of the Authority, the report and other findings will be available for review at the office of the Contract Administrator. The information provided is for guidance only and is not guaranteed by the Authority. A copy of the Soils Report is attached to these documents for the Contractor's assistance. 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL97-20 4. 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. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Contract Administrator, Totten Sims Hubicki Associates, Attention: ' R.A. Kempton, P.Eng. at 905-372-2121, or M. Shallhorn, P.Eng. at 905-668-9363. 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word Owner or Authority or Corporation 11 appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington. tWherever 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. 18. UTILITIES Plans illustrating proposals for the relocation of utilities are available for inspection at the office of the Contract Administrator. For additional information regarding existing utilities the Contractor may contact the following personnel: Clarington Hydro: Mr. Ken Li, P.Eng. Consumers Gas: Mr. Cliff Clark Tel: 905-623-4451 Tel: 905-668-9341 ' Bell Canada: Ms. Wendy Martin Cable TV: Mr. Bernie Visser Tel: 905-433-3632 Tel: 905-579-1601 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL97-20 1 SPECIAL PROVISIONS - GENERAL 16433/15/8/C INDEX ' SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL97-20 CLAUSE SUBJECT PAGE ' 1. PLAN QUANTITY ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. GUARANTEED MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. CONTRACT TIME AND LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5. OPS GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. REVISION TO OPS GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. LAYOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8. LABOUR CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9. RESTRICTIONS ON OPEN BURNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10. SUPPLY OF MATERIALS . . . . • • . . . . . . . . • . . • . . . . • . . • . . . . . . . . . • • . . . . . . . . . 7 11. PAYMENTS 8 12. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13. HAUL ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14. DUST CONTROL 9 15. TRAFFIC CONTROL, FLAGGING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS . . . . . . . . : . . . . . : . . . . . . : 10 17. MAINTENANCE OF TRAFFIC 10 18. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19. ENGINEERING FIELD OFFICE . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . 11 20. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL . 12 21. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES . . . . . . . 13 22. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) . . . . . . . . . . . . 14 23. SPILLS REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24. TRAFFIC AND STREET SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25. GARBAGE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ' 26. CONCRETE MIX DESIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27. APPLICABLE STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28. AMENDMENT TO OPSS 353 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 29. AMENDMENT TO OPSS 102 • . • . . . • . . . . . . . . . .. . . . . . . . . . . . " ' • • • . • • . . . . . . 18 30. AMENDMENT TO OPSS 570 18 31. DELIVERY OF TEST SAMPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 32. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES . . . 19 33. CONFINED SPACE ENTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 34. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT . . . . . . . . . . . . . 20 35. GOVERNMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 36. ENGINEERING ARBITRATION 21 37. ENTRY ONTO PRIVATE PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 38. STORAGE AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 39. CONSTRUCTION LIEN ACT 21 40. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PAGE ONE ' SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 1. PLAN QUANTITY ITEMS (Not Applicable) ' Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE 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 the necessity for repairs or for any work to be done under this Section. 3. CONTRACT TIME AND LIQUIDATED DAMAGES ' (1) Time ' Time shall be the essence of this contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause ' GC 1.06. (2) Progress of the Work and Contract Time The charging of working days shall commence on Monday, October 20, 1997 and the Contractor shall diligently prosecute the work on this contract to completion on or before the expiration of twenty (20) working days from the date of commencement. If the contract time above specified is not sufficient to permit completion of the work by the ' Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. r SPECIAL PROVISIONS -GENERAL ' CONTRACT NO. CL97-20 2. Working days shall be charged until the date of completion of the work as set out in the Certificate of Completion issued in accordance with GC8.02.03.06. r (3) Worldng Day Working Day as defined in GC 1.04 is modified by the addition of the following under Paragraph (a): Except any day from ...................................... inclusive, even though the Contractor may elect to carry out any approved work as called for under this Contract during this period. The Contract Administrator will furnish to the Contractor for his signature a weekly "Statement of Record of Working Days". The Contractor will be allowed two weeks in which to file a written protest setting forth in what respects the said weekly statement is incorrect, otherwise, the statement shall be deemed to have been accepted by the Contractor as correct. (4) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the ' contract is not completed within the number of working days as set forth in the special provisions or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and ' extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of FOUR HUNDRED DOLLARS ($400.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work in excess of the number of working days prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed number of working days. ' The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. r4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.07 is defined as an employee of the Contractor. r r 1 SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL97-20 3. ' 5. OPS GENERAL CONDITIONS ' Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, August 1990. ' 6. REVISION TO OPS GENERAL CONDITIONS Payment on a Time and Material Basis: Section GC8.02.04.01, Definitions, is hereby revised by the addition of the following under "Payroll Burden": Payment in respect of payroll burden shall be made at the following rates currently in effect: ' (i) Road Work - 26 percent of the wages and salary portion of the labour costs. (ii) Structure Work - 30 percent of the wages and salary portion of the labour costs. 7. LAYOUT Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and ' by the addition of the following: The Contract Administrator shall lay out and establish the primary alignment and grade controls ' necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. ' The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the ' trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. S. LABOUR CONDITIONS ' General This Special Provision is to be read in conjunction with Section GC8.02.06, Payment of Workers, of the General Conditions of the Contract and is subject to The Industrial Standards Act, The Employment Standards Act, 1980 and the regulations made thereunder. The wage rates set out in the Roads and Structures Fair Wage Schedule are subject to change periodically. Any increase in costs incurred by a change in the wage rates shall be borne by the Contractor. 1 SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL97-20 4. Definitions _ For the purposes of this Special Provision, (a) "regular rate" means, (i) the hourly rate paid to an employee for their normal non-overtime work week, or; 1 (ii) in the case of an employee to whom sub-clause (i) does not apply, the amount obtained by dividing their total earnings for the week by the number of hours they worked in the week. (b) "work on roads" means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures; and; ' (c) "work on structures" means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, tunnel or retaining wall and includes the preparation ' for and the laying of the foundation of any bridge; tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto; ' provided, however, that the Minister of Labour, Ontario may at his/her sole discretion determine whether any particular work is to be classified as work on roads or as work on structures and such decision may be made notwithstanding the definitions herein contained. Hours of Work and Wages The regular work week for a person employed on work on roads being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 55 hours and all time worked by such person in excess of 55 hours a week shall be overtime except that part of the hours of work in excess of 55 hours a week which together with the hours worked in the preceding week do not exceed 55 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. The regular work week for a person employed on work on structures being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 50 hours and all time worked by such person in excess of 50 hours a week shall be overtime except that part of the hours of work in excess of 50 hours a week which, together with the hours worked in the preceding week do not exceed 50 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. Every person employed by the Contractor or a sub-contractor or other person to do any part of the work contemplated by this Contract shall be paid while employed on such work at not less than the wage rate set out in the Roads and Structures Fair Wage Schedule for the appropriate classification of such work or not less than such other wage rates as, during the continuance of SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 5. the work, are fixed by the Minister of Labour, Ontario, for hours of work that are not overtime and shall be paid one and one half times his/her regular rate for all hours of work that are overtime. Notwithstanding that a Contractor pays wages in excess of the wage rates set out in the Roads and Structures Fair Wage Schedule, he shall not, in computing overtime wages payable to an employee, set off against such overtime wages any part of the wages earned by the employee in respect of their regular work period. Where a person is working on more than one Contract that is subject to these conditions, including any municipal Contract that contains similar labour conditions, the regular work week and the entitlement to overtime for that person shall be based upon the total hours worked on all such Contracts and if, on this basis, overtime is worked on this Contract the Contractor shall pay such person at the overtime rate and no waiver by that person of this entitlement to overtime wages and no interposition of a third party by way of an employment agency or as the nominal employer of that person shall relieve the Contractor of his/her obligation to pay that person the overtime wages. Decisions by Minister of Labour Where there is no appropriate classification set out in the Roads and Structures Fair Wage ' Schedule for any particular class of work, the Minister of Labour, Ontario, may designate or establish the appropriate classification and the wage rate. ' The Contractor, upon receipt of notice of any decision of the Minister of Labour, Ontario, made under this Contract, shall immediately adjust the wage rates, hours and classification of work so as to give the effect to such decision. Fair Wage Schedule The Contractor shall make applicable to this Contract and post, in accordance with Section ' GC7.I I of the General Conditions of the Contract, the current edition of the Ontario Ministry of Labour's Roads and Structures Fair Wage Schedule and any amendments thereto. ' Contractor to Keep Records Which are to be Open for Inspection The Contractor shall`keep proper books and records showing the names, trades, addresses and hourly wage rates of all workers in his/her employ or employed on this Contract through an employment agency and the wages paid to and time worked by such workers both at regular wage rates and at overtime wage rates, and the books or documents containing such records shall be open for inspection by officers of the Government at any time it may be expedient to the Minister of Labour to have the same inspected. Ministry Requirements Before Payments Made to Contractor The Contractor shall from time to time upon request furnish the Ministry with such detailed information and evidence as may be required in order to establish that these labour conditions SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL97-20 6. have been complied with not only by him/her but by any sub-contractor or other person doing any part of the work contemplated by the Contract. Off Site Work The Labour Conditions are intended for application primarily to work on the Contract site. Work that is carried out on sites that are not in the immediate vicinity of the Contract site or that are not used exclusively for the purposes of Contracts including Municipal Contracts, containing similar labour conditions will not be subject to the Labour Conditions. Training Period for Equipment Operators (a) Employees, other than students, learning to operate equipment are classified as "Apprentice Equipment Operators" during, (i) their first three months operating equipment which does not require a licensed operator; or (ii) their first 18 months operating equipment which requires a licensed operator. (b) The wages for apprentice equipment operators are as follows: Windsor Zone The wage rate for Cement Improver Hamilton Zone The wage rate for Asphalt Raker Toronto Zone The wage rate for Asphalt Raker Ottawa Zone The wage rate for Skilled Labourer Provincial Zone The wage rate for Skilled Labourer. Pile Driver Employees other than an operator are to be classified as "Pile Driver Men" and shall be entitled to the wage rate for "Labourer" - Structure Section. Servicing of Equipment by Operator "On Site" ' The Operator shall be entitled to his/her wage rate for the work in accordance with the terms of the "Special Provisions - Labour Conditions." Travelling Time ' Travelling time will not be subject to the Fair Wage Schedule. The hours and wages or monies paid for travelling time are to be deleted from the wage record of an employee in computing his/her wage entitlement. SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL97-20 7. Gravel and Chip Spreader - Provincial Zone Employees engaged in this classification of work shall be paid the wage rate of Equipment and Maintenance Operator, Group 'B'. ' Room and Board Allowance The amount of room and board allowance will be negotiated between the employer and ' employee but in no case will the net amount of wages due to an employee be less than such wages an employee in General Construction work would receive at the minimum wage and overtime at one and one-half times that rate for hours worked in excess of forty-four a week and ' the maximum deduction for Room and Board per week as allowed by Regulation under the Employment Standards Act. Farm or Industrial Tractors with Attachments The attachment must be power operated and be an integral part of the tractor. Wage Rates for Students (a) Students employed as FLAGPERSONS or WATCHPERSONS shall be entitled to the wage rate for these classifications. (b) Students performing work in positions that are classified in the Fair Wage Schedule, other than FLAGPERSONS or WATCHPERSONS, shall be entitled to receive the student rate, notwithstanding the rate set out in the Schedule for the classification applicable to the work. (c) Students employed for more than three months in a classified position shall then be entitled to the wage rate for that classification. (d) Students performing work in positions that are not classified in the Fair Wage Schedule shall be entitled to receive the student rate, regardless of the location of the Contract. 9. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an ' alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 10. SUPPLY OF MATERIALS All materials necessary for the proper completion of the work shall be supplied by the Contractor, except as specifically noted, and the payment provided in the Contract shall be deemed to include full compensation for the supply of such materials. SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL97-20 8. ' Materials listed in OPSS 128 and as amended from time to time, shall be supplied only from sources designated in the Ministry of Transportation Manual of Designated Sources for ' Materials. Amendment to OPSS 128 Section 128.05.02 of OPSS 128 is amended in that the list of materials to be supplied from designated sources is revised: ' (1) By the deletion of the following: 6.85.25 Flasher Beacon, Aluminum (121.310) 9.20.10 Coal Tar Epoxy (2) By the addition of the following: 9.20.10 (Structural Steel) Coal Tar Epoxy 9.20.15 (Structural Steel) Coal Tar Epoxy 11. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 21h percent of the total value of work performed beyond the expiration of 45 days from the date of 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%, 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 of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 9. ' 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. ' 12. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. tThe Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other ' precautions as are necessary to safeguard the utilities from damage. 13. HAUL ROADS When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. 14. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor ' shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. ' Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. ' The cost of all such preventative measures shall be borne by the Contractor except however where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of ' water and calcium chloride as are authorized by the Contract Administrator to restrict dust to SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL97-20 10. acceptable levels, shall be paid for by the Authority at the contract prices for Application of Water or Application of Calcium Chloride. 15. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry of Transportation's District Office. Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and ' (iii) an approved fluorescent blaze orange or fluorescent red hat. 16. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the "Manual of Uniform Traffic Control Devices", Division 5. As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: Stgn Number Sign Message Number ........... .... Lil TC-1 CONSTRUCTION 6 TC-3R LANE CLOSED AHEAD 2 ' TC-3tR RIGHT LANE CLOSED 2 TC41A CONSTRUCTION ZONE BEGINS 2 TC41B CONSTRUCTION ZONE ENDS 2 Traffic controls shall be operational before work affecting traffic begins. 17. MAINTENANCE OF TRAFFIC ' Traffic in the area of construction activity may be reduced to one lane with two lanes restored at the end of each working day. Pedestrian traffic shall be maintained on Lions Trail. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 11. The Contractor must submit a work schedule indicating traffic maintenance procedures for approval by the Contract Administrator prior to commencement of work. No deviation from the approved procedure will be allowed except with the approval of the Engineer. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of or adjacent to this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of one week in advance of such closure. The newspaper advertisement shall indicate the date of closing of the roadway and the length of time for which the road will be closed. This advertising is in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above. ' 18. 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 1 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 1 Contractor. 19. 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. SPECIAL PROVISIONS - GENERAL 1 CONTRACT NO. CL97-20 12. 20. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL IThe requirements of OPSS 180 shall apply to this Contract, revised as follows:, 1 Section 180.03, 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 180.07.02, Conditions on Management by Re-Use, shall be amended by the addition of the following: 1 Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. 1 j 1 1 1 1 t This form to be used 01h Ontario Prcnincial Standard SpccnficatKn ISO ' SITE SELECTION NOTIFICATION FOR MANAGEMENT AS DISPOSABLE FILL ' Contract Information Contract No. Owner. The following describes the notification process between the Owner of the Contract and the Contractor, wherein the Contractor formally notifies the Owner that agreement has been reached with a third party ' property owner for the disposition of Contract generated excess material. Such excess material, managed as disposable fill shall be limited to one of or a combination of.earth;aggregate;swamp material; rock; natural wood and debris from open fires, provided the conditions on management are satisfied. tSite Information Property Owner(s) for the subject property. The subject property. ' Lot ,Concession ,Township of Cownty/Region/District or ,Quantity and Type of Excess Material used as fill: This is to notify you, as Owner, that permission has been obtained from the property owner(s) named herein for the ' management of excess materials from this Contract. The property owner has also been provided with a copy of this form and has been advised that a Property Owner's Release Form,OPSF 1803,will be required.The use of this management site will comply with the following: Conditions ort Management Bituminous pavement,concrete,masonry,wood which has been treated,coated or glued,and metal,plastic,and polystyrene ' products will not be accepted for management as disposable fill. Swamp material managed as disposable fill will be top covered by a minimum of 300 mm of earth or topsoil.Swamp material managed as disposable fill may only be placed: a. a minimum of 2 m above the keel of ground water. ' b. a minimum of 30 m from water bodies; C. a minimum of 100 m from any water wells; and d. a minimum of 100 m from residences. These conditions do not supersede any constraints imposed on this property by Federal, Provincial or Municipal statute ' or regulations and bylaws made thereto. ' Dated this_day of 19_ Print Contractor's Name & Feld Representative's Name Contractor's Feld Representative signature Property Owner(s) Signature(s) ' cc: Contract Administrator,Property Owner(s), Contractor OPSF 1800 December 1993 Ontario Provincial Standard Form ' This form to be used with Ontario Provincial Standard Specification 180 SITE SELECTION NOTIFICATION FOR MATERIALS STOCKPILING Conmact Infomwfion Contract No. Owner: The following describes the notification process between the Owner of the Contract and the Contractor. wherein the Contractor formally notifies the Owner that agreement has been reached with a third party property owner for the stockpiling of Contract generated excess material.Such excess material,stockpiled for ' re-rue, may be one of or a combination of: earth; aggregate; swamp material; rock concrete; masonry, bituminous pavement; natural wood; metal, plastic,and polystyrene;wood which has been treated,coated or glued and debris from open fires, provided the conditions on management are satisfied. ' Site Information ' Property Owner(s) for the subject property. The subject property: Lot ,Concession ,Township of County/Region/Disuict of ,Quantity and Type of Excess Material stockpiled This is to notify you, as Owner, that permission has been obtained from the property owner(s) named herein for the management of excess materials from this Contract The property owner has also been provided with a copy of this form ' and has been advised that a Property Owner's Release Form,OPSF 1803,will be required.The use of this management site will comply with the following: Conditions on Management ' It is understood that materials are stockpiled to be re-used or held for disposal at a certified waste disposal site.Stockpiles of natural wood,manufactured wood,debris from open fires and swamp material may only be located a a minimum of 2 m above the level of ground water. ' b. a minimum of 30 m from water bodies; C. a minimum of 100 m from any water wells;and d. a minimum of 100 m from residences. Stockpiles of bituminous pavement,concrete and masonry may only be located: a. a minimum of 30 m from water bodies;and b. a minimum of 100 m from residences unless ' 1. on property with a boundary common to a right-of-way,within the ooatract limits,for a period not exceeding 120 calendar days,or 2. such stockpiles are located within a provincial or municipal works yard or in a commercially licensed pit or quarry. These conditions do not supersede any constraints imposed on this property by Federal,Provincial or Municipal statute or regulations and bylaws made thereto. Dated this day of 19_ Print Contractor's Name fit Field Representative's Name Contractor's Field Representative signature Property Owner(s)Signature(s) ' cc: Contract Administrator, Property Owner(s),Contractor OPSF 1801 December 1993 Ontario Provincial Standard Form ' This form to be used with Ontario Provincial Standard Specification 180 PROPERTY OWNER'S RELEASE Contract No ' Work Description: I/We being the owner(s) of Lot , Concession Township of , and County/Region /District of verify that the Contractor for the above noted work has placed excess material from the above noted Contract on my/our property with my/our permission. ' I/We have been advised by the Contractor of the "Conditions on Management" described in OPS Forms 1800 or 1801, " Site Selection Notification for Management as Disposable Fill,or"Site ' Selection Notification for Materials Stockpiling",respectively,or both, and have been assured by the Contractor that these conditions have been met. Where materials are managed as disposable fill, I/We agree to be responsible for any subsequent relocation and management of the material so placed. ' Where materials are to be stockpiled, L(We agree that the stockpile(s)will be removed by the date(s) herein noted. ' Dated this day of 19 ' Print Contractor's Name & Field Representative's Name Contractor's Field Representative signature Property Owner(s) Signature(s) Copies to: Contract Administrator, Property Owner(s), Contractor OPSF 1803 December 1993 Ontario Provincial Standard Form ' This form to be used ,,th Ontario Provincial Standard Specification 180 WASTE QUANTITY REPORT ' For Solid Non-hazardous Industrial and Commercial Waste Contract No. Contractor* Material Description Location of Disposal Site and Quantity of Materials ' Certificate of Approval Number OPSF 1805 1 December 1993 Ontario Provinciai Standard Form SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 13. 21. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. Designated Substance Tdenfified 61:1 19 Site Location 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 Regulations 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 and Energy at 7 Overlea Boulevard, Toronto, Ontario, M4H 1A8, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment and Energy has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment and Energy'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. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 14. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. 22. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 23. SPILLS REPORTING ' Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that I 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. 24. TRAFFIC AND STREET SIGNS 1 The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 15. 25. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. Garbage pick-up is handled by Canadian Waste Services, R.R.#1, Orono, at 1-800-263-6305. Recyclable material is handled by Miller Waste Systems, 69 Taunton Road W., Oshawa, at 1-800-461-1582 or 1-905-723-8588. 26. CONCRETE MIX DESIGNS The Contractor shall be responsible for the concrete mix design except for low slump concrete overlays and latex modified concrete overlays which the Authority will design, and for providing concrete of the specified properties. Concrete shall conform to the requirements of OPSS 1350 except as noted below: (1) Sub-section 1350.07.07.01 is deleted and replaced by the following: ' 1350.07.07.01 Contractor Designed Mix Mix proportions shall be selected in accordance with A.C.I. Standard 211.8-81 "Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concretes" and the requirements of this special provision. The values given in Table 5.3.6 of the A.C.I. standard for the determination of the volume of coarse aggregate in the concrete mix shall be increased by not less than 10 percent except where the concrete is deposited using a pump. At least three weeks prior to the placement of concrete the Contractor shall submit to the Contract Administrator a statement indicating the source of coarse and fine aggregate to be used in the concrete work. The mix proportions and the required test data, for each class of concrete, shall be submitted to the Contract Administrator at least seven days prior to the placement of concrete. They shall be submitted in the standard Form PH-CC-433. Contractor Designed Concrete Mix Mix Proportions shall be expressed as follows: (i) Portland Cement - Type, Source and Content in kilograms per cubic metre of concrete. (ii) Cementitious - Percent Slag, Source and Content in Hydraulic Slag kilograms per cubic metre of concrete. SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL97-20 16. (iii) Coarse Aggregate - Nominal maximum size, Relative Density (Dry) Source, Content in kilograms per cubic metre of concrete and Dry Rodded Density in kilograms per cubic metre of concrete. (iv) Fine Aggregate - Fineness Modulus, Relative Density (Dry), Source and Content in kilograms per cubic metre of concrete. (v) Water - Content in kilograms per cubic metre of concrete. (vi) Chemical - Source, Type and Dosage per 100 Admixture kilograms cement. (vii) Air Entraining- Source and Type. Admixture Mix proportions shall be based on an aggregate in an oven dry condition. Strength Test Data The contractor shall produce the following information with regard to the mix design. The information shall consist of test data from a laboratory or field mixed batch of concrete, or a summary of test data from previous work using similar concrete mix proportions, as follows: (i) Laboratory or Field Mixed Batch of Concrete The test data shall include compressive strength tests consisting of at least one set of standard cylinders tested at 7 days, and 1 set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag, the compressive strength tests shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. Note: The intent of the laboratory or field mixed batch of concrete is to indicate the ability of the proposed mix proportions to produce concrete of the required properties. (ii) Summary of Test Data The test data shall include at least ten consecutive 28 day strength tests from previous work. The data shall report individual strength tests and the average of all groups of three consecutive strength tests. The air content and slump of the samples of concrete used to fabricate the test cylinders shall be stated. The tests shall have been carried out within a period of two years prior to the award of the contract. • SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 17. (2) Sub-section 1350.08.01.02 is deleted and replaced by the following: 1350.08.01.02 Sampling of Mix Design Materials For Contractor designed mixed samples of acceptable aggregates, cement, water, chemical admixtures and air entraining admixtures representative of the materials to be used in the work shall be provided to the Contract Administrator when requested at the time the proposed mix proportions are submitted to the Authority. (3) Sub-section 1350.07.07.03, Part (b), is deleted and replaced by the following: 1350.07.07.03 High Strength Concrete (b) Contractor Design Mix The proposed mix proportions shall meet the requirements of revised Sub-section 1350.07.07.01 above and in addition shall be tested in a full size field trial batch of concrete. When the concrete is mixed within a ready mixed truck, the size of the trial batch shall be that volume of concrete normally mixed in the truck. When the Contractor elects to use a source of ready mix concrete, the trial batch of concrete shall originate from the same plant that will be used for the supply of high strength concrete and the trial batch shall be delivered to the site of the work and tested. Where access to the site of the work is not possible the Contract Administrator will designate a suitable location for testing. The testing of the field trial batch of concrete shall be the responsibility of the Contractor. Strength test data from the field trial batch shall consist of at least one set of standard cylinders tested at 7 days and one set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag the strength test data shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. When approved by the Contract Administrator, the concrete from the trial batch may be incorporated into parts of the structure. Basis of Payment All costs for the above work shall be included in the contract price for the appropriate concrete item(s). SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 18. 27. APPLICABLE STANDARD SPECIFICATIONS Ontario Provincial Standard Specifications (OPSS) governing the work of this Contract shall be as listed in the "Schedule of Tender Data", Section G, with the applicable date of issue as indicated for each Specification. iWith the exception of OPSS 127 and 128, these Specifications shall remain in effect throughout the duration of this Contract, whether or not they be modified or re-issued by the responsible agency subsequent to the tender advertising date. The issues of OPSS 127 and 128 which are current at the time the work is performed or material furnished, shall govern. 28. AMENDMENT TO OPSS 353 Air Content of Concrete 353.05.01 Concrete Subsection 353.05.01 of OPSS 353, September 1996, is amended by the addition of the following: The air content of concrete placed by extrusion methods shall not be less than 4.5% when tested in place in a plastic state. 29. AMENDMENT TO OPSS 102 Scale Accuracy Section 102.08.01 of OPSS 102 is amended by the addition of the following: Scale accuracy tolerances and Limits of Error are defined as 0.20% of the indicated load where "Indicated" load refers to the weight of the vehicle used in conducting the performance test when measured at the centre of the platform. 30. AMENDMENT TO OPSS 570 Sub-section 570.05.01 of OPSS 570, August 1990 is amended by the addition of the following: The topsoil shall be analyzed to ensure there are no deficiencies with respect to fertility levels. The soil shall consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm, t 2 ppm. The potassium level shall be 235 ppm, f 30 ppm. The soil shall have a base saturation of calcium of 75%, f 10%. The base saturation of sodium shall be a maximum of SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 19. 0.5%. The pH level shall be between 6.0 and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. If the topsoil does not meet any or all of the fertility elements the soil shall be treated with the required amendments as recommended by the topsoil analysis report. 31. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract the designated testing laboratory is TSH Inspection Testings Co., 300 Water Street, Whitby, Ontario. LIN 9J2. ' 32. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the following: ' Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. 33. CONFINED SPACE ENTRY The Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: Mechanical Ventilation Equipment Gloves Gas Detector (C95-80) Full body harness securely attached to a rope Rope Gas mask or dust, mist or fume respirator (optional) SPECIAL PROVISIONS -GENERAL ' CONTRACT NO. CL97-20 20. 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) ' . 7 minute Escape Pack Explosion-proof temporary lighting Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. 34. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT ' Clause GC7.01.06 of the OPS General Conditions of Contract is deleted and replaced by the following: 06) The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, RSO 1990, c.0.1 (the Act) and Ontario Regulation 213191 (Construction Projects) and any other regulations under the Act (the Regulations) which may affect the performance of the Work, as the Constructor or Employer, as the case may be. The Contractor shall 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 Employee under the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; (c) a copy of the most current version of the Act and the Regulations are available at the Contractor'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; (d) workers 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 employed by the Contractor to perform part of the Work and their employees are properly protected from injury while they are at the work place. The Contractor when requested shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work SPECIAL PROVISIONS - GE NERAL CONTRACT NO. CL97-20 21. ' performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. S35. GOVERNMENTAL REQUIREMENTS The Contractor shall obey all Federal, Provincial and Municipal laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality ' of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. , 36. ENGINEERING ARBITRATION rThe Contractor's attention is drawn to Clause GC3.15 of the General Conditions of Contract. In the event that dispute cannot be resolved by negotiation, arbitration procedures will be ' followed in this Contract. All parties shall agree to binding arbitration to resolve outstanding claims. ' 37. 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. 38. STORAGE AREAS Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. 1 The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. 39. 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, r SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-20 22. ' 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 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 terms 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 indemnify 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 sauch 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 terms of the Contract Documents. SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL97-20 23. ' 40. 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. S.A. Vokes, P.Eng., Director of Public Works ' Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL97-20 Dear Sir: 1 I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) - and the Corporation of the Municipality of Clarington from further obligations. Yours very truly, ............................... Signature Property Owner's Name............................Lot......Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. r CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL97-20 SPECIAL PROVISIONS - TENDER ITEMS 1643VISIIVC r PAGE ONE ' SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL97-20 REMOVAL AND DiSPOSAL OF EXISTING STRUCTURE - I TEM NO. 1 ' Under this Item and for the Contract price, the Contractor.shall demolish and completely remove the existing concrete headwall and gabion retaining wall at the culvert inlet and shall perform all the necessary excavation, unless provided otherwise in the Tender, to accommodate the construction of the new culvert extensions, including backfill and rock protection, as directed by the Engineer. Any over excavation shall be backfilled with approved materials and compacted, at the Contractor's expense and as directed by the Engineer. rUnder this Item and for the Contract price, the Contractor shall also perform all the necessary excavation and/or fill in the channel for the stream improvement,as shown on the drawings and as required to provide proper hydraulic flow conditions at the structure site to the satisfaction of the Engineer. The surrounding area shall upon completion of the work be graded and trimmed in a manner satisfactory to the Engineer and the Authority. rThe Contractor shall take all necessary precautions to prevent any debris from falling into the Foster Creek. Any material which falls into the creek shall be located and removed. The Contractor shall observe all safety laws and regulations in carrying out the work of this Item. All removals from the existing headwall and retaining wall, shall remain the property of the Contractor to be disposed of by the Contractor off the limits of the Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Engineer. The Contractor is advised that existing gabion stone meeting the specified gradation requirements may be salvaged and used as Rock Protection. Surplus or unsuitable stone shall be removed from the site. Blasting will not be permitted for any work under this Item. Work under this Item shall not commence without prior approval in writing from the Engineer. rEXCAVATION OF MATERIALS FOR CULVERT EXTENSION - ITEM NO. 2 Under this Item and for the Contract unit price, the Contractor shall excavate all materials of whatever nature that may be encountered, including all loose material and/or organic materials, to permit the construction of the new culvert extensions, including the bedding and backfill, to the lines and grades shown on the plans or set by the Engineer. If after excavating to the lines and elevations shown on the drawings, the material encountered should prove to be unacceptable to the Engineer as a foundation, the Contractor shall perform additional excavation as directed by the Engineer, payment for which will be made under this Item. Only that excavation below the final streambed elevation to ' the dimensions of the limits of the bedding and cut-off wall, or to such additional depth as directed by the Engineer, will be paid under this Item. The Contract price for the applicable structure items included in the tender, will be full compensation for all other excavation which may be required for the structure, including excavation necessary to r r SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL97-20 2. construct granular backfill and stream improvements as shown on the drawings and as directed by the Engineer. The Contractor shall dispose of all excavated materials which are unsuitable for or in excess of the fill requirements under this Contract off the site, at a location arranged for by the Contractor at his own ' expense and to the satisfaction of the Engineer. CLEAR STONE BEDDING TO CULVERT EXTENSION - ITEM NO. 3 Under this Item and for the Contract unit price, the Contractor shall supply and place 19mm clear stone required for the culvert bedding, including sufficient quantities to backfill any additional ' excavation authorized by the'Engineer below theoretical bedding level, as shown on the Drawings. The extern of the Contract unit price Item for placing clear stone bedding under the culvert shall be as shown on the Drawings or as revised in the field by the Engineer. Where, however, the Contractor has excavated beyond these limits, he shall supply and place, to the satisfaction of the Engineer, clear stone material as required to fill the resulting excess volume. All costs of supplying and placing such additional material shall be deemed to be the responsibility of the Contractor and no additional payment shall be considered. Measurement for payment of this Item shall be made in cubic metres based on the neat plan dimensions of the bedding between the limits of the cut-off walls and to the depth as shown on the Drawings, or as revised in the field by the Engineer. TWIN CSP CULVERT EXTENSION- ITEM NO. 4 Under this Item and for the Contract price, the Contractor shall supply all labour and equipment as necessary to complete the corrugated steel pipe culvert extension, including the supply of sheet piles, ' bent angles, and unbalanced channels, all as shown on the Drawings. Corrugated steel pipe and couplers shall be supplied and delivered to the site by the Municipality of Clarington. Under this Item and for the Contract price, the Contractor shall assemble and install the pipe ' extensions including sheet piles, bent angles, unbalanced channels and corrugated couplers at the location and elevations shown on the Drawings and as directed by the Engineer. The assembly and installation of the structure, including any temporary bracing required under this Item, shall be in accordance with OPSS 421 and the manufacturer's instructions, and shall be performed by personnel experienced in this work. The Contractor shall arrange, at his own expense, for a representative of the material supplier to be on the site to supervise the assembly and installation of the structure, ' including the placing of the bedding and backfill. The Contractor shall provide a letter from the culvert manufacturer, certifying that the culvert and bedding and backfill have been installed in accordance with the culvert manufacturer's instructions and to their satisfaction. SPECIAL PROVISIONS -TENDER ITEMS ' CONTRACT NO. CL97-20 3. Included under this Item at the Contract price, the Contractor shall also supply all labour, equipment and materials required to install the sheet piles to the elevations as shown on the drawings, and perform all placing and cutting off of piles which may be required to complete the steel sheet pile cut- off walls. GRANULAR 'A' BACKFILL TO CULVERT - ITEM NO. 5 Under this Item and for the Contract unit price, the Contractor shall supply, place-.and compact in accordance with OPSS 501, the Granular `A' material required for the backfill to the pipe, as shown on the Drawings, and as directed by the Engineer. Under this Item and for the Contract price, the Contractor shall also carry out all work, as outlined in OPSS 902, to ensure that the granular backfill to the culverts is placed and compacted in the dry. The operation of placing and compacting the granular backfill shall be performed such that the designed shape and position of the structure is maintained. If pipe deflections exceed 2% of the culvert design dimension, the Contractor will be required to restore the pipe to the design dimensions ' at his expense and modify his backfill operations. The Contractor shall exercise care at all times when placing and compacting the backfill to ensure that the designed shape of the pipe is not deformed. The Contractor shall be responsible for maintaining the shape and configuration of the ends of the culvert during the backfilling operations. The Contractor shall supply and install, at his own expense, any temporary supports required. The Contractor shall advise the Engineer, not less than 3 weeks before starting any granular backfill operations, of the equipment and all details of the operation which he proposes to use, and the Engineer may make such changes as he may deem necessary, both at this time and during the progress of the work. ' The placing and compaction operation shall proceed in strict accordance with the method approved by the Engineer. The granular backfill material shall be compacted throughout to a minimum dry density of 95% of the maximum dry density as determined by the current Ministry of Transportation Ontario procedure, or to such greater density as may be required by the Engineer. The Contractor shall supply and use such hand-operated mechanical tamping equipment, or towed or ' self-propelled roller, or combination thereof, as will adequately compact the material throughout. The type and quantity of compacting equipment, and all details of the placing and compaction operation, including the rate, method and sequence, and the lift thickness, shall be subject to the ' approval of the Engineer. The extent of the contract unit price item for placing granular ball to the structure shall be as shown on the Drawings. Where, however, the Contractor has excavated beyond these limits, or has failed to place earth fill to the limits shown,he shall supply, place and compact, to the satisfaction of the Engineer, either earth or granular material, whichever the Engineer shall direct, as required to fill the resulting excess volume. All costs of supplying and placing such additional material shall be SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL97-20 4. deemed to be the responsibility of the Contractor and no measurement for payment of such material will be made. Water shall be applied to the material to assist compaction, as directed by the Engineer, and shall also be included in the Contract price. CLAY SEAL - ITEM NO. 6 The contract price for the above Tender Item shall include all excavation and trimming required for placing the impermeable material as shown on the Drawings. The clay material shall meet the requirements of OPSS 1205, and shall be well compacted as per current MTO Standards. ROCK PROTECTION - ITEM NO. 7 The work shall be performed in general compliance with the plans, OPSS 511 and as directed by the Engineer, and shall consist of constructing a protective covering of approved rock on the streambanks and approach embankments to the new structure as shown on the Contract Drawings. The Contractor shall supply all materials for this Item. Rock shall be an imported quarry or field stone material; the quality of the rock approved by the Engineer. Rock subject to marked deterioration by water or weather will not be accepted. Rock shall fulfil the following gradation requirements: Gradation Limits for Rock Protection Minus 450 nun 95% Maximum Allowable Minus 300 nun 60% Maximum Allowable Minus 100 mm 30% Maximum Allowable Minus 50 mm 0% Placing shall-be done in such a manner that the surface of the finished rock protection shall have a uniform appearance and be without segregation. The rock protection shall be 600 mm minimum thickness in the streambed and on the streambanks and approach embankments, and shall extend along the streambed , streambanks and approach embankments as indicated on the Drawings. The Contract price for the rock protection shall constitute full compensation for the supply of rock, ' any excavation or trimming required for the bedding of the rock, the supply and placing of the geotextile filter fabric, the hauling and placing of the rock, and all items incidental to the completion of the work in accordance with the Specifications. i SPECIAL PROVISIONS -TENDER ITEMS ' CONTRACT NO. CL97-20 5. RIVER RUN STONE - ITEM NO. 8 ' The work shall be performed in general compliance with the Plans, OPSS 511, and as directed by the Engineer, and shall consist of supplying and placing a covering of approved River Run Stone over the rock protection placed in the streambed at the structure and inside the new culverts to the limits shown on the Drawings and as directed by the Engineer. The Contractor shall supply all materials for this Item. The River Run Stone shall be sound material, of a natural, rounded shape and clear of all fines. The quality of the stone shall be approved by the i Engineer. Rock subject to marked deterioration by water or weather will not be accepted. Stone shall satisfy the following gradation requirements. Minus 150 mm 95% Maximum Allowable Minus 100 mm 50% Maximum Allowable Minus 50 mm 30% Maximum Allowable Minus 25 mm 0% Placing shall be carried out in such a manner that the surface of the finished stone protection shall have a uniform plane/flat appearance, and be without segregation and the top surface shall be flush with the streambed and shall extend for the limits as indicated on the Drawings or as directed by the Engineer. The River Run Stone shall have a minimum thickness of 300 mm over the rock protection in the streambed upstream of the culvert and shall be placed inside the new culverts as indicated on the Contract Drawings. Voids in the River Run Stone layers are to be filled with pea gravel, washed and containing no fines, and with a diameter in the range of 10 mm or less. The contract unit price for the River Run Stone shall constitute full compensation for the supply of the rock and pea gravel, any excavation or trimming required, the hauling and placing of the rock and pea gravel, and all Items incidental to the completion of the work in accordance with the Specification. 600 mm DIA. PIPE CULVERT -ITEM NO. 9 ' Payment shall be made under this Item for the supply of all labour and pipe materials and fittings to connect existing 600 mm dia. culvert pipe to new 1800 mm Dia. culvert extension. CONCRETE IN SIDEWALK - ITEM NO. 10 Payment shall be included in the unit price bid for this Item for the removal of the existing sidewalk and concrete pads and for disposal of rubble material off the site of the works. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL97-20 6. TOPSOIL AND SOD - ITEM NO. 11 Payment shall be made under this Item for the supply and placing of a minimum depth of 100 nun of topsoil and nursery sod in disturbed grass areas. The Contractor shall include in the unit price bid under this item for topsoil testing as required by Clause 31 of the Special Provisions - General and for treatment of topsoil as necessary to meet fertility requirements. CHAIN LINK FENCE - ITEM NO. 12 Payment shall be made under this Item for the removal and disposal of existing chamhnk fence as indicated on Drawing No. 1. Top rail shall be salvaged from fence on east side of Foster Creek for use on the west side fence. The unit price bid shall include for installing top rail to fence on the west side. STEEL BEAM GUiDERAIL - ITEM NO. 13 The unit price bid under this Item shall include for the removal and salvage of existing steel beam guiderail and pasts and for delivery of materials to the Municipal Works located on Taunton Road at Hampton. EARTH BORROW- ITEM NO. 14 Payment for earth borrow shall be by truck box measure loose. Trucks shall be monitored to ensure that full loads are delivered. ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL97-20 ' STANDARD DRAWINGS 1 ' PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL97-20 STANDARD NO. DESCRIPTION ' Fig. 1 EXISTING FOSTER CREEK SECTIONS OPSD- 218.01 SODDING OF SIDE SLOPES ' 310.010 Mod. CONCRETE SIDEWALK 802.010 FLEXIBLE PIPE EMBEDMENT AND BACKFILL 900.01 CHAIN LINK FENCE 902.01 STEEL BEAM GUIDE RAIL. RAIL DETAIL ' 902.03 STEEL BEAM GUIDE RAIL. ASSEMBLY DETAIL 1 lMlRE1.DM M M M M M M M M M M M M M M d in 40 x a 89 _,. -- r _ _,�._. z 89 m Z f f es , 87 87 i P- as ErXIS}NG ( { �- O 85 88 u tAn 84 84 iT) 83 83 —16 —14 —12 —10 —8 —6 —4 —2 0 2 4 ic C Z In C) 89 89 CAI 88 _ �W } M 0 r 87 Vi —i 86 �1 ss 87 1'fl 85 0 GABU]N 8AA�5K6 f5- 85 m O 117 GAHION B KE f ' -n rn 84 # ¢ b —x1 n 7C 83 Z r rn -16 -14 -12 -10 -8 -6 -4 -2 0 2 4 6 8 10 12 14 16 z (D 0 EXISTING GROUND ca z O z { 88 87 86 c 1 F ss GA¢t0N BA KE fS �' EXfS71lJ , t S GAf$ION 8A$KEls } 85 85 gg XI TINC# P i�S g 84 t ..+ R€7111�G +Af # _ .,. _ _. 84 82 ' _ _.__.d . .___, _>_ .. EISTIIG fpROUND, __L. _.__!_. i.. _ __, _a._. 10 _ 82 . .. .___._.v_ __,__.._. _ _ .. . _. j3 C —14 —12 —10 —8 —6 —4 —2 0 2 4 6 8 10 12 14 16 C 117 m n ri m v on 2:! slopesuafo�eePer� r Sfokin9 with sod _ .� drive"'1 flush • "; _ and -•, — •.• •�, i i v• w '• - .. '� /% O't`h 100 100 - • _ ~ �' - - o` ' irectio ' ' ' • Subgrode elevation - _ on roadway frontsiope ' - pitch NOTES: A for application to designated areas. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1990 09 14 Rev 2 Date SODDING OF SIDE SLOPES ------------ OPSD- 218 . 01 CVaries 2 m min) o e 0.3m BOULEVARD min �oP c ' Concrete 2% to 10% 2% to 10 X Slope 2X to 4X sidewolk r_ , L 125mm R=5mm IOOmm Granular W Note 1 5-�� TYPICAL SECTION 5 O DUMMY JOINT curb and gutter Expansion ' — joint motQriol 5 5 T BOULEVARD R=O.Sm N01Q I ;. YP .. 1.5m • �- ~ TyP Expansion joints ' CONTRACTION JOINT R=5mm Typ 5 Dummy ' joints TYP ' a r �: Y o Contraction . Tints Y o yP f; °+4 �- 12mm expansion joint material JOINT LAYOUT EXPANSION JOINT ' NOTES: 1 Sidewalk thickness at residential driveways A All dimensions are in millimetres or ' and od jocent to curb shall beFi-25-1 mm. metres unless otherwise shown. At commercial and industrial driveways, the thickness shall be 15o mm. ' 2 Sidewalk width shall 'be increased to 2.4m at schools, bus'stops and other high pedestrian areas. ONTARIO PROVINCIAL STANDARD DRAWING 1993 to OI Rev ' MODIFIED OP CONCRETE SIDEWALK Date - ^ S MAR.�1994 0PSD - 31 0 010 rr lrr r it IIr IIr �r Ir IIr rr ■rr r Ir r r r IIr IIIIIr Ir PIPE IN SUPPORTED PIPE IN UNSUPPORTED PIPE IN SUPPORTED EXCAVATION EXCAVATION 0 Subgrade EXCAVATION Note 3, Typ 2 Support system ?R 1 1 TYP 1 ' Backfill material. Clearance, For culvert frost treatment 1 • see table, Typ • 300mm min. '• Note 2 1.5 �`^ •Typ Clearance, see table 300mm min .� 0 o B : 150 E v p o ' O o E ' W TYPE 1 OR 2 TYPE 3 •, , SOIL SOIL o • 2 150 M 0.50 0.50 Bedding grade Note 1 Note 1 PIPE IN SUPPORTED PIPE IN UNSUPPORTED LEGEND: EXCAVATION EXCAVATION D — Inside diameter 1 0 2 Subgrade NOTES: ' •: -a 1 1 The pipe bed shall be shaped to receive the bottom of the pipe. •.r o ' , 3ackfill material. 2 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. • •, ' For culvert frost treatment 3 Condition of trench is symmetrical about centreline of pipe. — Note 2 A Granular material placed under the haunches must be compacted 150. Bedding grade CLEARANCE TABLE prior to continued placement and compaction of embedment material. 2 Pipe 0.5 D � TYPE 4 Clearance B Embedment material shall be homogeneous granular material, and Inside Diameter shall be placed and compacted uniformly around the pipe. Note 1 SOIL mm mm C Soil types as defined in the Health & Safety Act and 900 or less 300 Regulations for Construction Projects. Over 900 500 D Protection against heavy ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev construction equipment according to OPSD-808.010. FLEXIBLE PIPE - - - - - - - - - SP E All dimensions are t millimetres EMBEDMENT AND BACKFILL or metres unless otherwise shown. Date _._ _ _ _ _ EARTH EXCAVATION 0PSD_ - 802.010 3.0 3.0 -----� 60.3mm post Post Post Terminal post ' Barbed top edge ' 88.9 mm post C46E Ground line 42.9 mm OD top roil fasteners 500 mm OC 114.3 mm post k Stretcher— Fence fabric Overburden bar bonds Brace rail r` Rock line 400 mm OC 42.9 mm OD Concrete ,� (� N o Llne post Line post a, M ,_� If driiloo use 0 s•; ' non shrink feel ' Fasteners at ' stretcher bar 400 mm OC Vor 50 -_ cement grout 5xI9 mm ml 0'``' If excavated or Drop forged Knuckled Tt z 250 OD*25mm_I 1 blasted-concrete turnbuckie ' bottom edge 350 See detail A X B : IN SHALE,LOOSE or FRIABLE See footing--J l 3.5 mm dia 7,1 40 to 75 mm j Ground line 4X0 ROCK or SOLID ROCK WITH details bottom wire I I clearance i I MORE THAN 450 mm I l fastened j1 I I A: IN EARTH OVERBURDEN 500 mm OC ., u CHAIN LINK FENCE WITH TOP RAIL Post Post IOmm flat surface i Top of wall fordrilling _®_ Ground line _:_:� :. ' --, ': ' Sleeve Rock 450 mm —Overburden Line post cop ,0 0 line max see detail ,�o• .a Non shrink d LINE POST CAP,62 mm I D v cement grout 380 Non shrink DETAIL 0.51 mm thick cement grout t - 3.0 3.0 steel plate cap Terminal post Barbed top edge 5.0 mm dia top wire :'�;'; . welded to sleeve --{ i-- OD+ 25 mm Turnbuckle I fasteners 500mm OC C: ON RETAINING WALL D : IN SOLID ROCK (OVERBURDEN LESS THAN 450mm) Stretcher . Fence fabric bar bands Brace roil FOOTING DETAILS A, B,C and D 400 mm OC 42.9mm OD Line post Line post Co g Steel Fasteners at stretcherbar 400 mm OC POST DETAILS 5xl9mm min , Drop forged Knuckled OD Post length Sleeves turnbuckle bottomedge Post type Standard Retaining OD (mm) (m) walls(m) (mm) See footing I 3.5 mm dia 40 to 75 mm I Ground line Line post 60.3 2.6 2.0 88.9 details. I I bottom wire II clearance I I fastened Il I I End, corner,or 88.9 2.9 2.3 114.3 v 500 mm OC U U straining post CHAIN LINK FENCE WITH TOP WIRE NOTE : ONTARIO PROVINCIAL STANDARD DRAWING Dote 1 1988 05 II 1 Rev 3 A All dimensions are in millimetres CHAIN LINK FENCE Date or metres unless otherwise shown. FOR ROADWAY INSTALLATIONS OPSD - 900. 01 - -- - -I 905 3.810 POST BOLT AND HOLE t� 3 810 1905 --1905 1.905 --~j Hole Post bolt Dla and nut Washer Post 1 mm mm Channel Post ® 18 16 x 460 Rect CZ7-i - ��I Guide Rail--\ Offset block Plate a Offset block © 18 16x 310 lock PLAN Guide Rail PLAN Lop in direction of traffic Rnd Sh 40 Sh Rnd Lap in direction F_ 40� of traffic • bI - T� «I - o L - y T- - OO ; Rectan ulor washer Rectangular M� m o„ rn a wosher 'nz ,a2 i _ I71777r Steel base OPSD-908.01 :� ;,.r. Steel base 05 0.9 OPSD-908.01 STRUCTURE DECK ccv E a E STRUCTURE DECK OR FOOTING E � OR FOOTING ELEVATION SIDE VIEW SIDE YIEW ELEVATION SINGLE RAIL SINGLE RAIL WITH CHANNEL NOTES: I Where guide rail is adjacent to curb, mounting height shall B Wooden posts to be set by instrument for alignment and grade, be measured : with tops parallel to pavement grade. a Verticall y at face of guide rail when face of guide rail C To produce on even alignment, shim beam element where necessary. is more than 300 mm beyond gutter line. D This standard to be read in conjunction with OPSD-902.01 and 902.02 b Verticolly_QLgutter line when face of guide rail is E All dimensions are in millimetres or metres unless otherwise shown. 300mm or less beyond gutter line. A Wooden posts and offset blocks: Size 200 x 200 mm nominal, 190 x 190 mm t 1.5 mm dressed, tops to have 25 mm chamfer. ONTARIO PROVINCIAL STANDARD DRAWING Date 11990 11 15 1 Rev 3 STEEL BEAM GUIDE RAIL Date ASSEMBLY DETAIL ---- --------- SINGLE RAIL WITH OR WITHOUT CHANNEL rOPSD - 902.03 4.128 32 and 38 33 —1 32 �18� 1.905 1.905 �� — A III II L 0 .,+ --' , � 6 � SPLICE BOLT AND NUT 76 108 108 F38 —f—38 A ' -\\-16-23x 29mm 3- 19 x63 mm r 7 �— 51 slotted holes FRONT ELEVATION slotted holes `" N - �c Splice bolt and nut �� N1 at post —I6 x 32 mm'___ N at structure Slotted hole 18x25mm, anchors —16x38 mm 725 ± Post bolt, nut and RECTANGULAR 160 — 565 washers as directed r'� WASHER on assembly Note I drawings I OP S D—902.03, i 902.04 I I I M I (L --- N --- - Rectangular ao 1 41 — ODD I washer see _ D �, E T 108 108 detail above L 25 13 0 x! E 52� I II 13 ARRANGEMENT AT POST SHIM E I-J Note I z I NOTES: O I Thickness of rail to be 2.5 mm, rectangular washer 4.0 mm , i -- A shim 2 mm . 4-23x 29 mm slotted holes B All dimensions subject to manufacturing tolerances unless otherwise indicated. oM TERMINAL SECTION C All dimensions ore in millimetres or metres unless otherwise shown. E Ip o u E ' v ONTARIO PROVINCIAL STANDARD DRAWING Date 1986 04 07 Rev 2 -- 81 2 STEEL BEAM GUIDE RAIL Date _____ �— --- 83 ENLARGED SECTION A—A RAIL DETAIL Note I FqPSD - 902 . 0 1 i CORPORATION OF THE MUNICIPALITY OF CLARINGTON iCONTRACT NO. CL97-20 1 = iOPS GENERAL CONDITIONS OF CONTRACT ' (August 1990) i ' ONTARIO Ontario PROVINCIAL STANDARDS August 1990 GENERAL CONDRTONS OF CONTRACT ' MEA TABLE OF CONTENTS Section Title Page Section Title Page GC 1 INTERPRETATION 1 GC 3.10 Subcontracting he 9 by Contractor 11 GCt .01 Captions .11 Changes in the Work, Extra .02 Abbreviations Work, and Additional Work 12 .03 Gender and Singular References .04 Definitions GC 3.11.01 Changes in the Work .05 Substantial Performance 4 .02 Extra Work .06 Completion .03 Additional Work .07 Final Acceptance 5 .08 Interpretation of Certain Words GC 3.12 Notices .13 Use and Occupancy of the Work Prior to Substantial GC 2 CONTRACT DOCUMENTS 7 Performance ' .14 Claims, Negotiations GC 2.01 Reliance on Contract Disputes 13 Documents ' 02 Order of Precedence GC 3.14.01 Claims Procedure .02 Negotiations GC 3 ADMINISTRATION OF .03 Continuance of the Work 1 THE CONTRACT 9 .04 Record Keeping .05 Disputes GC 3.01 Contract Administrator's .06 Payment Authority .07 Rights of Both Parties 1 .02 Working Drawings 10 .03 Right of the Contract GC 3.15 Engineering Arbitration 14 Administrator to Modify 1 Methods and Equipment GC 3.15.01 The Conditions for .04 Emergency Situations Engineering Arbitration .05 Layout .02 Arbitration Procedure .06 Working Area .03 Form and Appointment of 07 Extension of Contract Arbitration Board Time 11 .04 Costs .08 Delays .05 The Award 09 Assignment of Contract .06 Hearing 1 Section Title Page Section Tdie Page GC 4 OWNER'S RIGHTS AND GC 6.03.05.01 Property Insurance 20 RESPONSIBILITIES 15 .02 Boiler Insurance .03 Use and Occupancy of GC 4 .01 Working Area the Work Prior to .02 Disposal of Materials Completion 21 1 .03 Construction Affecting .04 Payment for Loss or Railway Property Damage .04 Default by the Contractor 05 Notification of Default GC 6.03.06 Contractors' Equipment ' .06 Contractor's Right to Insurance Correct a Default .07 Insurance Requirements .07 Owner's Right to Correct and Duration ' Default 08 Termination of GC 6.04 Bonding 22 Contractor's Right to Continue the Work GC 7 CONTRACTOR'S RESPONSI- 09 Final Payment to BAJTIES AND CONTROL Contractor 16 OF THE WORK 23 .10 Termination of the Contract GC 7.01 General 11 Continuation of .02 Layout Contractor's Obligations .03 Damage by Vehicles or .12 Use of Performance Bond Other Equipment 24 .04 Excess Loading of Motor GC 5 MATERIAL 17 Vehicles .05 Condition of the Working GC 5.01 Supply of Material Area .02 Duality of Material .06 Maintaining Roadways and .03 Rejected Material Detours .04 Substitutions .07 Access to Properties .05 Owner Supplied Material Adjoining the Work and Interruption of Utility t GC 5.05.01 Ordering of Excess Services 25- Material .08 Approvals and Permits 02 Care of Material 18 .09 Suspension of Work .10 Contractor's Right to GC 6 INSURANCE, PROTECTION Stop the Work or AND DAMAGE 19 Terminate the Contract .11 Notices by the Contractor 26 GC 6.01 Protection of Work, .12 Obstructions Persons and Property .13 Limitations of Operations .02 Indemnification .14 Cleaning Up Before .03 Contractor's Insurance Acceptance .15 Warranty 27 GC 6.03.01 General .02 General Liability Insurance 20 GC 8 MEASUREMENT AND .03 Automobile Liability PAYMENT 29 Insurance .04 Aircraft and Watercraft GC 8.01 Measurement Liability Insurance .05 Property and Boiler GC 8.01.01 Quantities Insurance .02 Variations In Tender Ouantities • n • l Section 1160 Page Section Tine PAP GC 8.02 Payment 29 .10 Interest for Negotiations GC 8.0201 Price for Work and Claims .02 Advance Payments for .11 Owner's Setoff 33 Material .12 Delay in Payment .03 Certification and Payment 30 GC 8.02.04 Payment on a Time and Material Basis GC 8.02.03.01 Progress Payment Certificate GC 8.02.04.01 Definitions .02 Certification of Sub- .02 . Daily Work Records 34 contract Completion .03 Payment for Work .03 Subcontract Statutory .04 Payment for Labour Holdback Release .05 Payment for Material 1 Certificate and Payment .06 Payment for Equipment .04 Certification of Substantial Performance 31 GC 8.02.04.06.01 Working Time .05 Substantial Performance .02 Standby Time Payment and Statutory Holdback Release Payment GC 8.02.04.07 Payment for Hand Tools 35 Certificates .08 Payment for Work by .06 Certification of Subcontractors Completion 32 .09 Submission of Invoices .07 Completion Payment and Statutory Holdback GC 8.02.05 Final Acceptance Release Payment Certificate Certificates .06 Payment of Workers .08 Interest .07 Records .09 Interest for Late .08 Taxes and Duties 36 Payment .09 Liquidated Damages 1 . UVOntario August 1990 Ontario Provincial 1 Standard MEA GENERAL CONDMONS OF CONTRACT SECTION GC1 INTERPRETATION 1.01 Captions GC1.04 Definitions captions appearing in these general conditions For the purposes of this Contract the following 3 been inserted as a matter of convenience and for definitions apply: 3 of reference only and in no way define, limit or rge the scope or meaning of the general conditions "Access Road" means a private road built or existing ny provision hereof. road used by the Contractor to gain access to the Work or to a source of material. Abtxeviations 'Adjusted Plan Quantity" means a Plan Quantity which abbreviations listed on the left below are has been adjusted for any-or all of the following: a imoniy found in the Contract Documents and mistake in calculation, approved addition, or an esent the organizations and phrases listed on the approved deletion. 'Actual Measurement" means the field measurement of ;HTO"l -American Association of that quantity within the approved limits of the Work. 3,HO" ( State Highway Transportation Officials il" - American National Standards Institute "Additional Work" means work not provided for In the :O" - Association of Professional Engineers Contract and not considered by the Contract Ontario Administrator to be essential to the satisfactory lN' - American Society for Testing and completion of the Contract within its intended scope. Materials G" - American Wire Gauge "Base" means a layer of material of specified type and WA" - American Water Works Association thickness immediate laced• low the p ly..be ..pavement;-... .. .. .. - Canadian Engineering Standards driving surface, finished grade, curb and gutter or Association sidewalk. 38' - Canadian General Standards Board V - Canadian Standards Association B" - Canadian Welding Bureau 'Change in the Work' means the deletion, extension, - General Conditions increase, decrease or alteration of lines, grades, - Ontario Provincial Standard dimensions,quantities,methods,drawings,changes In ;S" - Ontario Provincial Standard the character of the work to be done or materials of the Specification Work or part thereof,within the intended scope of the �D" - Ontario Provincial Standard Drawing Contract. - Ministry of the Environment (Ontario) r` - Ministry of Transportation (Ontario) "Change Order" means a written order to the y f Contractor covering contingencies, Extra Work, rCD' - Manual of Uniform Traffic Control increase or decrease in Contract quantities and Devices, published by MTO additions or alterations to the plans or specifications, - Society of Automotive Engineers within the scope of the Contract and establishing the 'C" - Structural Steel Painting Council basis of payment and the time allowed for the - Underwriters Laboratories adjustment of the Contract Time. Means also, written - Underwriters Laboratories Canada authorization covering Additional Work. .03 Gender and Singular References "Completion Certificate' means the certificate issued by the Contract Administrator at completion. rences to the masculine or singular throughout the fact Documents shall be considered to include the "Construction Signs" mean all traffic control devices ' iine and the plural and vice versa as the context and signs, including vehicles, trailers, and the like, +res• provided to support signs, and equipment to supply l t,but excluding Contract identification signs and description and quantities of material utilized. y number markers,all as may be described CD. 'Dar means a calendar day. rr means, for the purposes of, and within 'Drawings"or'Plans• mean any Contract Drawings or g of the Occupational Health and Safety Act, Contract Plans or any Working Drawings or Working A, c. 321 and amendments thereto, the Plans, or any reproductions of drawings or plans who executes the Contract. pertaining to the Work. dministrator'means the person,partnership "Earth Grade' means the earth surface,whether in cut tion designated by the Owner to be the or fill, as prepared for the Base or Subbase. apresentative• for the purposes of the 'Engineer' means a professional engineer licensed by the Association of Professional Engineers of Ontario to means the undertaking by the Owner and practice in the Province of Ontario. .ctor to perform their respective duties, ties and obligatiorls,•.as.,prescribed.:in the : "Equipment" means all machinery and equipment used xuments. for preparing, fabricating, conveying or erecting the Work and normally referred to as construction Documents" mean the executed Agreement machinery and equipment. 3 Owner and the Contractor,the Tender,the 3ndkions of Contract, the Supplemental "Estimate" means a calculation of the quantity or cost Conditions of Contract. Standard of the Work or part of it depending on the context. ins,Special Provisions,Contract Drawings, corporated in a Contract Document before "Extra Work" means work not provided for in the m of the Agreement,such other documents Contract,as awarded but considered by the Contract listed In the Agreement and subsequent Administrator essential to the satisfactory completion of is to the Contract Documents made the Contract within its intended scope. the provisions of the Agreement. 'Final Acceptance Certificate" means the certificate Drawings' or "Contract Plans' mean issued by the Contract Administrator at Final plans provided by the Owner for the Work Acceptance. limiting the generality thereof may include es, foundation investigation reports, "Final Detailed Statement" means a complete steel schedules, aggregate sources lists, evaluation prepared by the Contract Administrator aets,cross-sections and standard drawings. showing the quantities, unit prices and final dollar amounts of all items of work completed under the means the person, partnership or Contract,including variations in tender items and Extra undertaking the Work as identified in the Work. and set out in the same general form as the monthly estimates. ime" means the: time stipulated in the *Final Quantity* means that quantity used in the Final xruments for Substantial Performance of the Detailed Statement. ding any extension of Contract Time made the Contract Documents. *Force Account" See Time and Material*. Operation' means any component of the *Grade" means the required elevation of work. i,if delayed,will delay the completion of the "Grade tine* means a reference line representing the Grade in profile or longitudinal section established for See'Time and MatedaP. the control of work. e" means the date up to which payment "Hand Tools" means tools that are commonly called e for work performed. tools or Implements of the trade and include small power tools. Individually a tool win be considered as , K Records• mean daily records kept a Hand Tool where the maximum cost is$250. a number and categories of workers and ad or on standby; types and quantities of 'Haul Road" means any public road excluding the and number of hours in use or on standby; road under contract, which forms part of a materials 3 I route. -Profile Grade' means the required elevation of the surface of the Base. thway". means a common and public highway any of which is intended for or used by the general •Quantity Sheet' means a list of the quantities of worts gic for the passage of vehicles and Includes the to be done. 3 between the lateral property lines thereof. -Rate(s) of Interest means the rate(s) determined by pector" means any person, partnership or the Treasurer of Ontario and issued by and available aoration appointed by the Contract Administrator to from,the Owner. Icipate In the inspection of the Work and the erial to be used In the Work. •Records' mean any books, payrolls, accounts or other information which relate to the Work or arty )our and Material Payment Bond" means the type Change in the Work or claims arising therefrom. security furnished to the Owner to guarantee merit of prescribed debts of the Contractor covered "Road Allowance" means the lands acquired at any be bond. time for use as a Highway. np Sum Item" ..means a.tender.Item:indicating a "Roadbed" means that part of the-Mork which is :ion of the Work for:which.payment will be.made at designed to support the wearing surface and shoulders ngle tendered price. Payment Is not based on a of the Roadway. isured quantity, although a quantity may be given ie Contract Documents. "Roadway' means that part of the Highway designed or intended for use by vehicular traffic and includes the shoulders. jor Item" means any tender item that has a value, xilated on the basis of its actual or estimated tender 'Rock Grade' means the rock surface,whether in cut Miry whichever is the larger,multiplied by its tender or fill, which has been prepared for the Base or price, which is equal to or greater than the lesser Subbase. "Shoulder' means that portion of the Roadway $100,000, or between the edge of the wearing surface and the top inside edge of the ditch or fi!!slope. 5% of the total tender value calculated on the basis of the total of all the estimated tender `Special Provisions" mean special directions quantities and the tender unit prices. containing requirements peculiar to the Work. "Standard Specification" means a standard practice teria!" means material, machinery, equipment and required and stipulated by the Owner for performance +res forming part of the Work. of the work. ner" means the party to the Contract for whom the "Subbase":means a layer of material of specked type is is being performed, as identified in the and thickness between the Subgrade and the Base. cement, and includes,with the same meaning and ort, "Authority-. 'Subcontractor* means a person, partnership or corporation undertaking the execution of a part of the cment" means a wearing course or courses Work by virtue of an agreement with the Contractor. :ed on the Roadway and consisting of asphaltic Crete, hydraulic cement concrete, or plarit or road "Subgrade" means the Earth Grade or Rock Grade. -3d mulch. "Substructure" means all of that part of a structure formance Bond" means the type of security below: the bearings of single and continuous spans, ished to the Owner to guarantee completion of the skewbacks of arches and tops of footings of rigid k in accordance with the Contract and to the extent frames, Including backwalis, wingwalls and wing 4ded in the bond. protection railings. n Quantity" means that quantity as computed from in the boundary lines of the Work as shown in the 'Superintendent" means the Contractor's authorized :tract Documents. representative in responsible charge of the Work. i 1 Aura" means all that part of a structure a non-delivery of Owner supplied materials, ie bearing seat of single and continuous wvbacks of arches and tops of footings of (Hi) any cause beyond the reasonable control s, excluding backwalis,wingwalls and wing of the Contractor which can be railings. substantiated by the Contractor to the satisfaction of the Contract Administrator. sans the person,partnership or corporation, the Contractor, executing a bond provided "Working Drawings" or "Working Plans* means any Aractor. Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the Material" means costs calculated according generality thereof, include falsework plans, roadway 3C8.0204, Payment on a Time and Material protection plans, shop drawings, strop plans or sere 'Cost Plus" and •Force Account" are erection diagrams. shall have the same meaning. GC1.05 Substantial Performance , sans a facility maintained by a municipality, ity authority or regulated authority and 01). The Work-is-substantially,performed,.. 3nitary sewer, storm sewer, water, electric, telephone and cable television services. (a) when the Work to be performed under the Contract or a substantial part thereof is ready 'eriod" means the period of 12 months from for use or is being used for the purpose .f substantial performance or such longer intended; and may be specified for certain materials or ire a date of substantial performance is not (b) when the Work to be performed under the J, the warranty period shall commence on Contract Is capable of completion or, where completion. there is a known defect,correction,at a cost of not more than - Sans the total construction and related quired by the Contract Documents. () 3% of the first $500,000 of the contract. price, area" means all the lands and easements acquired by the Owner for the construction (ii) 2% of the next $500,000 of the contract K. price, and )ay" means any Day (li) 1%of the balance of the contract price. r apt Saturdays, Sundays and statutory 02) For the purposes of this Contract where the Jays; Work or a substantial part thereof is ready for use or is being used for the purposes intended and the :pt a Day as determined by the Contract remainder of the Work cannot be completed �inistrator, on which the Contractor is expeditiously for reasons beyond the control of the ented by inclement weather.or conditions Contractor or, where the Owner-and the Contractor rting immediatelytherefrom,from proceeding agree not to complete the Work expeditiously,the price a Controlling Operation. For the purposes of the services or materials remaining to be supplied is definition,this will be a Day during which and required to complete the Work shall be deducted :ontractor cannot proceed with at least 60% from the contract price In determining substantial -ie normal labour and equipment force performance. .lively engaged on the Controlling Operation t least 5 tours; GC1.06 Completion pt a Day on which the Contractor is 01) The Work shall be deemed to be completed ented from proceeding with the Controlling and services or materials shall be deemed to be last a ion, as determined by the Contract supplied to the Work when the price of completion, inistrator by reason of: correction of a known defect or last supply is not more than the lesser of any breach of Contract or prevention by the Owner,by any other Contractor of the (a) 1%of the contract price;or Owner or by any employee of any one of ) them, (b) $1,000. l � i 5 1.07 Final Acceptance GC1.08 Interpretation of Certain Words 01) Thewords•acceptable m.%pprovar,'autttorized', Final Acceptance shall be deemed to occur 'considered necessary% 'directed•, •required', 3n the Contract Administrator is satisfied that,to the •satisfactoy, or words of like knpork shag mean t of the Contract Administrator's knowledge at that approval of, directed, required, considered necessary a,the Contractor has rectified all imperfect work and or authorized by and acceptable or satisfactory to the discharged all of the Contractor's obligations under Contract Administrator unless the context dearly Contract. indicates otherwise. i 1 r 7 SECTION GC2 CONTRACT DOCUMENTS August 1990 M01 PAWance on Contract () Working Drawings Documents Later dates shall govern within each of the above i The Owner warrants that the information categories of documents. nished in the Contract Documents can be relied on with the following limitations or exceptions: 02) In the event of any conflict among or inconsistency in the Information shown on Drawings, The location of all mainline underground utilities the following rules shall apply: which will affect the Work will be shown to a tolerance of (a) Dimensions shown in figures on a Drawing 1 m horizontal and shall govern where they differ from dimensions 0.3 m vertical, scaled from the same Drawing; The Owner does::not warrant .interpretations of': (b) Drawings of.larger-scale-shalt.govern over data or opinions expressed in any,subsurface - those of smaller scale; 1 report available for the perusal of the Contractor and excluded from the Contract Documents;and (c) Detailed Drawings shall govern over general Drawings; and other information specifically excluded from this warranty. (d) Drawings of a later date shall govern over those of an earlier date in the same series. M02 Order of Precedence 03) In the event of any conflict in the contents of i In the event of any inconsistency or conflict in Standard Specifications the following order of contents of the following documents, such precedence shall govern: cuments shall take precedence and govern in the towing order. (a) Ontario Provincial Standard Specifications;then Agreement (b) other standard specifications, such as those Addenda produced by GSA, CGSB, ASTM and ANSI, Special Provisions and referenced in the Ontario Provincial Contract Drawings Standard Specifications. Standard Specifications Tender 04) The Contract Documents are complementary, Supplemental General Conditions and what is required by any one shall be as binding as General Conditions if required by all. 9 SECTION GC3 ADMINISTRATION OF THE CONTRACT August 1990 :.01 Contract Administratoes 09) The Contract Administrator will be, in the first Authority instance,the Interpreter of the Contract Documents and the judge of the performance thereunder by both The Contract Administrator will be the Owners parties to the Contract.Interpretations and decisions of asentative during construction and until the the Contract Administrator shall be consistent with the 3nce of the Completion Cenificate.or the issuance Intent of the Contract Documents and in making these +e Final Acceptance Certificate whichever is later. decisions the Contract Administrator will not show Gtructions to the Contractor including instructions partiality to either party. the Owner will be issued by the Contract ,inistrator. The Contract Administrator will have the 10) The Contract Administrator will have the ority to act on behalf of the Owner only to the authority to reject work or Material which does not it provided In the Contract Documents. conform to the Contract Documents. All claims,disputes and other matters in question 11) Defective work, whether the result of poor ng to the performaace•and the quality-of;the Work workmanship, use of•defective,material;,tor'damage a interpretation of the Contract Documents shall be through carelessness tor other act or omission of the Ity referred to the Contract Administrator in writing Contractor and whether Incorporated in the Work or +e Contractor. The Contract Administrator will give not, which has been rejected by the Contract aision in writing within a reasonable time. Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work The Contract Administrator will inspect the Work by the Contractor and replaced or re-executed conformity with the plans and specifications,and promptly in accordance with the Contract Documents ;cord the necessary data to establish payment at no additional cost to the Owner. itities under the schedule of tender quantities and prices or to make an assessment of the value of. 12) Any part of the Work destroyed or damaged by vork completed in the case of a lump sum price such removals,replacements or re-executions shall be "act• made good, promptly, at no additional cost to the Owner. The Contract Administrator will determine the rots owing to the Contractor under the Contract +vial issue certificates for payment in such amounts 13) If, in the opinion of the Contract Administrator, rovided for in Section GC8, Measurement and it is not expedient to correct defective work or work not -rent. performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to The Contract Administrator will with reasonable the Contractor the difference in value between the work iptness review and take appropriate action upon as performed and that called for by the Contract %ontractors submissions such as shop drawings, Documents,the amount of which will.be determined in ct data, and samples In accordance with the the first instance by the Contract Administrator. ract Documents. 14) Notwithstanding any•inspections made by the The Contract.Administrator will investigate all Contract Administrator or the issuance of any ations of a change in the character of the Work certificates or the making of any payment by the ) by the Contractor and issue appropriate Owner, the failure of the Contract Administrator to ictions. reject any defective work or Material shall not constitute acceptance of defective work or Material. The Contract Administrator will prepare Change rs for the Contractor's signature and the Owners )val. 15) The Contract Administrator will have the authority to temporarily suspend the Work for such Upon written application by the Contractor, the reasonable time as may be necessary to facilitate the -act Administrator and the Contractor will jointly checking of any portion of the Contractor's uct an inspection of the Work to establish the date construction layout or the inspection of any portion of ostantial performance of the Work and/or the date the Work. There shall not be any extra compensation xnpletion of the Work. for this suspension of work. Working Drawings make alterations in the method. Equipment or work force at any time the Contract Administrator considers -is Contractor shall arrange for the preparation the Contractor's actions to be unsafe,or damaging to ry identified and dated Working Drawings as either the Work or existing facilities or the environment. , x by the Contract Documents. The Contract or shall after the sequence of operations -is Contractor shall submit Working Drawings on the Contract, when requested in writing, so as to Contract Administrator with reasonable avoid interference with other work. less and in orderly sequence so as to not elay In the Work. If either the Contractor or the 02) Notwithstanding the foregoing, the Contractor t Administrator so requests they shall jointly shall ensure that all necessary safety precautions and a schedule fixing the dates for submission and protection are maintained throughout the Work. r Working Drawings. Working Drawings shall Witted in the form of prints. At the time of GC3.04 Emergency Situations 4on the Contractor shall notify the Contract trator in writing.of any. deviations from the 01), The Contract Administrator-has the right to t requirements_that exist in. the Working determine the existence of an emergency situation.and Z. when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor ie Contract Administrator will review and return to take action to remedy the situation.If the Contractor Drawings in accordance with an agreed upon does not take timely action, or if the Contractor is not e,or otherwise,with reasonable promptness so available,the Contract Administrator may direct others :)cause delay. to remedy the situation. is Contract Administrator's review will be to 02) If the emergency situation was the fault of the ar conformity to the design concept and for Contractor, the remedial work shall be done at the arrangement only and such review shall not Contractor's expense. If the emergency situation was :he Contractor of responsibility for errors or not the fault of the Contractor,the Owner will pay for ns In the Working Drawings or of responsibility the remedial work. ing all requirements of the Contract Documents deviation on the Working Drawings has been GC3.05 Layout d In writing by the Contract Administrator. 01) The Contract Administrator " will provide is Contractor shall make any changes in baselines and benchmarks for the general location, Drawings which the Contract Administrator alignment and elevation of the Work. The Owner will lucre consistent with the Contract Documents be responsible only for the correctness of the ,bmit unless otherwise directed by the Contract information provided by the Contract Administrator. trator. When resubmitting,the Contractor shall is Contract Administrator in writing of any other than those requested by the Contract GC3.06 Working Area trator. 01) The Contractors sheds, site offices, toilets, 'ork related to the Working Drawings shall not other temporary structures and storage areas for until the Working Drawings have been signed material and equipment shall be grouped in a compact ad by the Contract Administrator and marked manner and maintained In a neat and orderly condition words 'Reviewed. Permission to construct at all times. 02) The Contractor shall confine his construction is Contractor shall keep one set of the operations to the Working Area Should the Contractor i Working Drawings, marked as above, at the require more space than that shown on the Contract H times. Drawings,the Contractor shall obtain such space at no additional cost to the Owner. Right of the Contract Adrninistrator to Modly Methods 03) The Contractor shall not enter upon or occupy and Equipment any private property for any purpose. unless the Contractor has received prior written permission from is Contractor shall,when requested in writing, the property owner. 11 V Extension of Contract Time weather, the Contractor shall, with the Contractors application,submit evidence from Environment Canada An application for an extension of Contract Time in support of such application. Extension of Contract be made in writing by the Contractor to the Time will be granted in accordance with subsection act Administrator as soon as the need for such GC3.07, Extension of Contract Time. Sion becomes evident and at least 15 days prior expiration of the Contract Tune. The application 02) If the Work is delayed by tabour disputes, extension of Contract Time shall enumerate the strikes or lock-outs - including lock-outs decreed or ns, and state the length of extension required. recommended to its members by a n(zed contractor's association, of which the Contractor is a Circumstances suitable for consideration include member or to which the Contractor is otherwise bound flowing: -which are beyond the Contractor's control, then the Contract Time shall be extended in accordance with Delays; See subsection GC3.08. subsection GC3.07,Extension of Contract Time. In no Changes in the Work; See clause GC3.11.01. case shall the extension of Contract Time be less than Extra Work; See clause GC3.11.02. the time lost as the result of the event causing the Additional Work; See clause GC3.11.03. delay, unless a shorter extension,is agreed to by the Contractor. The Contractor shall not be entitled to The Contract Administrator will,in considering an -_.payment for costs incurred-as the result of such delays ation for an extension to the Contract Time,take unless such delays are-the result of actions of the =unt whether the delays,Changes In the Work, Owner. Work or Additional Work involve a Controlling lion. GC3.09 Assignment of Contract The Contract Time shall be extended for such 01) The Contractor shall not assign the Contract, xiai time as may be recommended by the either in whole or in part,without the written consent of tat Administrator and deemed fair and reasonable the Owner. Owner. The terms and conditions of the Contract shall GC3.10 Subcontracting by the ue for such extension of Contract Time. Contractor �8 Delays 01) The Contractor may subcontract any part of the Work, subject to these General Conditions and any If the Contractor is delayed in the performance limitations established by the Owner. Work by 02) The Contractor shall notify the Contract war, blockades, and civil commotion,errors in Administrator,in writing,of the intention to subcontract. the Contract Documents; an act or omission of Such notification shalt identify the part of the Work,and the Owner, Contract Administrator, other the Subcontractor with whom.1t is intended. contractors,or anyone employed or engaged by them directly or indirectly, contrary to the 03) The Contract Administrator will, within 10 days provisions of the Contrail.Documents; or of receipt of such notification, accept.or reject the intended Subcontractor. The rejection will be in writing a stop work order issued by a court or public and will include the reasons for the rejection. ' authority, provided that such order was not issued as the result of an act or omission of the 04) The Contractor shall not, without the written Contractor or anyone employed or engaged by consent of the Owner, change a Subcontractor who the Contractor directly or Indirectly; or has been engaged in accordance with this General Condition. the Contract Administrator giving notice under subsection GC7.09, Suspension of Work; or 05) The Contractor shall preserve and protect the rights of the parties under the Contract with respect to abnormal inclement weather; the work to be performed under subcontract and shall ie Contractor shall be reimbursed by the Owner (a) enter into agreements with the intended sonable costs incurred by the Contractor as the Subcontractors to require them to perform their of such delay, provided that In the case of an work in accordance with the Contract ration for an extension due to abnormal inclement Documents; and fully responsible to the Owner for acts and Disputes or payment may be made according to the , sions of the Contractor's Subcontractors conditions contained in clause GC8.02.04,Payment on of persons directly or Indirectly employed a Time and Material Basis. tem as for acts and omissions of persons *. employed by the Contractor. GC3.11.03 Additional Work )er a subcontracting, nor the Owner's 01) The Owner,or Contract Administrator where so a subcontracting by the Contractor,shall be authorized, may request the Contractor to perform o relieve the Contractor from any obligation Additional Work without invalidating the Contract. if the 3ontract or to impose any liability upon the Contractor agrees to perform Additional Work, the 4hing contained in the Contract Documents Contractor shall proceed with such work upon receipt e a contractual relationship between a of a Change Order. xor and the Owner. 02) The Contractor may apply for an extension of Changes in the Work, Extra Contract Time according to the terms of subsection Work and Additional Work GC3.07, Extension of Contract Time. Changes In the Work 03) Payment ..for. -the .,Additional Work may, be negotiated pursuant to subsection GC3.14, Claims, owner,or the Contract Administrator where Negotiations, Disputes, or payment may be made ed,may,by order in writing,make Changes according to the conditions contained in clause is without invalidating the Contract. The GC8.02.04, Payment on a Time and Material Basis. shall not be required to proceed with a he Work until in receipt of a Change Order. GC3.12 Notices eceipt of such written order the Contractor ed with the work. 01) Any notice permitted or required to be given to the Contract Administrator or the Superintendent in Contractor may apply for an extension of respect of the Work shall be deemed to have been me according to the terms of subsection given to and received by the addressee on the date of tenslon of Contract Time. delivery If delivered by hand or by facsimile f transmission and on the fifth day after the date of 3 Changes in the Work relate solely to mailing If sent by mail. payment for the work will be made to the conditions specified in clause 02) The Contractor and the Owner shalt provide Variations in Tender Ouantities. If the each other with the mailing addresses, telephone the Work do not solely relate to quantities, numbers and facsimile terminal numbers for the gay be negotiated pursuant to subsection Contract Administrator and the Superintenndent at the .aims, Negotiations, Disputes or payment commencement of the Work. Je according to the conditions contained in 3.02.04, Payment on a Time and Material 03) In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice,provided that such notice is confirmed in writing. Extra Work 04) Any notice permitted or required to be given to 3wner, or Contract Administrator where so the Owner or the Contractor shall be given in may instruct the Contractor to perform accordance with the notice provision of the Agreement. without invalidating the Contract. The shall not be required to proceed with the GC3.13 Use and Occupancy of the Work until in receipt of a Change Order. Upon Prior to Substantial Perligpnancg a written order the Contractor shall proceed )rk. 01) Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy ;ontractor may apply for an extension of the Work or any part thereof prior to substantial me according to the terms of subsection - - - performance,-provided that at least 30 days written tension of Contract Time. notice has been given to the Contractor. lent for the Extra Work may be negotiated 02) The use or occupancy of the Work or any part ) subsection GC3.14,Claims, Negotiations, thereof by the Owner prior to substantial performance ' 13 not constitute an acceptance of the Work or parts Material basis in accordance with clause GC8.02.04, ,cupied. M addition,the use or occupancy of the Payment on a Time and Material Basis, the dispute shall not relieve the Contractor or the may be resolved as described In clause GC3.14.05, rectors surety from any liability that has arlsen,or Disputes. arise, from the performance of the Work In rdance with the Contract Documents. The Owner GC3.14.03 Continuance of the work oe responsible for any damage that occurs use of the Owners use or occupancy. Such use 01) The Contract Administrator will give such xupancy of any part of the Work by the Owner instructions as are necessary for continuation of the not waive the Owners right to charge the Work to prevent any delays. it Is understood that by ractor liquidated damages In accordance with the so doing neither party to the Contract will jeopardize of the Contract any claim it may have. 14 Claims, Negotiations„ Disputes GC3.14.04 Record Keeping 14.01 Claims Procedure 01) Immediately upon commencing work which The Contractor shall.give,.Dral..Aotice_:of.any . ,. .:.may result in a claim.the Contractor shall-keep-Daily ion which may:lead-to. a claim-for-additional —Work Work Records,,duringthe.course of the work,sufficient rent immediately upon becoming aware of the to substantiate the Contractors claim,and the Contract ion. Administrator will keep Dally Work Records to be used in assessing the Contractors claim, all in accordance The Contractor shall provide written notice in the with clause GC8.02.07, Records. ' lard form'Notice of Intent to Claim'within 7 days e commencement of any work which may be 02) The Contractor and the Contract Administrator ,ad by the situation. shall reconcile their respective Dally Work Records on a weekly basis, to simplify review of the claim, when The Contractor shall submit claims not later than submitted. iys-in exceptional cases this may be increased naximum of 180 days, but subject to approval in 03) The keeping of Daffy Work Records by the g from the Contract Administrator-after the date Contract Administrator or the reconciling of such Daily istartial performance,identifying the item or items Work Records with those of the Contractor shall not be spect of which the claim arises, stating the construed to be acceptance of the claim. tots upon which the claim Is made and submitting 3cords maintained by the Contractor supporting GC3.14.05 Disputes claim. 01) Disputes may be settled by procedures already The Contract Administrator may request the established by the Owner or where both parties agree, actor to submit such further-and other particulars a dispute may be submitted to arbitration In a Contract Administrator considers necessary to accordance with the provisions-of subsection GC3.15, ;s the claim and the Contractor shall submit the Engineering Arbitration. Where*both"parties cannot fisted information within 30 days. agree,.then.the appropriate.judicial tribunal may be used. Within 60 days of receipt of the detailed claim, all supporting documentation, the Contract GC3.14.06 Payment nistrator will advise the Contractor, in writing, of ontract Administrators opinion with regard to the 01) Payment of the claim will be made not later than y of the claim. 30 days after the date of resolution of the claim or dispute. Such payment will be made according to the 14.02 Negotiations terms of Section.GC8, Measurement and Payment. Should the Contractor disagree with the opinion GC3.14.07 Rights of Both Parties In paragraph 05) of clause GC3.14.01, Claims idure, with respect to any part of the claim, the 01) It is agreed that no action taken under this act Administrator will enter Into negotiations with subsection by either party shall be construed as a antractor to resolve the matters in dispute. Where renunciation or waiver of any of the rights or recourses lotiated settlement cannot be reached and it is available to the parties,provided that the requirements d that payment cannot be made on a Time and set out in this subsection are fulfilled. l �Engineering Arbitration the Contract nor in either party's business and shah not be employed by either party. 11 The Conditions for Engineering Arbitration 04) The decisions of two arbitrators shall bind the third. Where there Is no agreement between two e following conditions must be established arbitrators the decision of the chairman will be final. i arbitration can proceed: 05) The board may appoint experts to assist IL dispute between the parties must exist; 06) The board is not bound by the rules of e parties must agree to refer the dispute for evidence which govern the trial of cases in court but c islon according to the procedure following; may hear and consider any evidence which it d considers relevant. e parties must.agree to be,bound by the . GC3.15.04 costs ,ard of the arbitrators. 01) Each.party shall pay-the costa its appointee. 2 Arbitration Procedure 02) The fee for the chairman will be shared equally. e following provisions are to be included in ' iment to arbitrate and are subject only to such 03) The fees of any experts appointed to assist the appeal as exist where the arbitrators have board shall be shared equally. I their jurisdiction or have otherwise ad themselves: 04) The fees of any other person(s) appointed to assist the board will be shared equally.existing actions in respect of the matters der arbitration will be stayed pending 05) The Owner will provide accommodation for the nitration; hearing in the Owner's facilities, and where this is not possible,will share in the cost of obtaining appropriate outstanding claims and matters to be settled facilities. s to be set out In a schedule to the agreement. jy such claims and matters as are in the 06) The board will have no power to award costs iedule will be arbitrated;and except where one of the parties fails to attend a hearing and it is necessary to adjourn until another fore proceeding with the arbitration, the date. In such case,the board may require the absent retractor shall arm that all matters in party to bear the costs of the adjourned hearing. pute are set out in the schedule. 3 Form and Appointment of GC3.15.05 The Award Arbitration Board 01) The award Will be made within 90 days of the 3 board shall. be composed of three conclusion of the hearing unless the board extends the time for making the award. The time shall not be extended beyond 180 days from the date of the a appointed by the Contractor; appointment without the consent of both parties. 3 appointed by the Owner, and Where the award Is not made within these time limits 3 to be appointed by the first two and who the parties may proceed to court or continue their 311 act as chairman. existing actions. sole arbitrator may adjudicate the dispute xessly agreed by the Contractor and Owner. GC3.15.06 Hearing 01) The hearing will commence within 90 days of oointees shall not be Interested financially in the appointment of the chairman. 15 SECTION GC4 OWNERS RESPONSIBUTIES AND RIGHTS August 1990 .01 Working Area the default within 5 Working Days. The Owner will acquire all property rights which GC4.06 Contractors Right to Correct a deemed necessary by the Owner for the Default truction of the Work Including temporary working ments and will IndK;ate the full extent of the 01) The Contractor shall have the right within the 5 :ing Area on the Contract Drawings. full Working Days following the receipt of a notice of default to correct the default and provide the Owner .02 Management and Disposition of with satisfactory proof that appropriate corrective . Materials measures have been taken. The Owner will identify in the Contract Document 02) If the correction of the default cannot be Materials to be moved within or-removed-.from-the- completed within the;5 full Working..Days following :ing Area, and .-.any- characteristics-of those, receipt of the notice:the Contractor:shall not-be in. dais which will necessitate special materials default if the Contractor igement and disposition. (a) commences the correction of the default within The Owner will be responsible for any additional the 5 full Working Days following receipt of the of removing,management and disposition of any notice; ■ rial not Identified in the Contract Documents, or e conditions exist that could not have been (b) provides the Owner with an acceptable mably foreseen at the time of tendering. schedule for the progress of such correction; and ai Construction Affecting Rau'iway Property (c) completes the correction in accordance with such schedule. ' The Owner will pay the costs of all flagging and traffic control measures required and provided by GC4.07 Owner's Right to Correct Default 3ilway company. 01) If the Contractor fails to correct the default within the time specified In subsection GC4.06, 04 Default by the Contractor Contractors Right to Correll a Default,or subsequently agreed upon,the Owner,without prejudice to any other The Contractor shall be in default of the Contract right or remedy the Owner may have,may correct such default and deduct the cost thereof,as certified by the . Contract Administrator, from--any payment then or the Contractor fails to commence the Work or thereafter due to the Contractor. execute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree; or GC4.08 Termination of Contractors Right to Continue the Work If the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors 01) Where the Contractor fails to correct a default because of insolvency or t a receiver is within the time specified in subsection GC4.06, appointed because of insolvency. Contractor's Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other 05 Notification of Default right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or The Owner will give written notice of a default to in part by giving written nonce to the Contractor. ontractor as soon as the Owner becomes aware alleged default but failure to give such notice in 02) If the Owner terminates the Contractors right to ely.way shall not constitute condonation of the continue with the Work in whole or In part, the Owner A. The notice will include instructions to correct will be entitled to 1,Possession of the Working Area or that withheld from the Contractor under subsection GC4.08, ion of the Working Area devoted to that part Termination of the Contractor's Right to Continue the ie Work terminated; Work,the Owner will pay the balance to the Contractor as soon as the final accounting for the Contract is , *e the Contractor's Equipment and any complete. 3rial within the Working Area which is ided to be incorporated into the Work, the ,le subject to the right of third parties; GC4.10 Termination of the Contract hold further payments to the Contractor with 01) Where the Contractor Is In default of the sect to the Work or the portion of the Work Contract the Owner may,without prejudice to any other ' drawn from the Contractor until the Work or right or remedy the Owner may have, terminate the 'On thereof withdrawn is completed; Contract by giving written notice of termination to the Contractor, the Surety and any trustee or receiver ge the Contractor the additional.cost over acting on behalf of the Contractor's estate or creditors. contract price of completing the Work. or on thereof withdrawn from the Contractor, :ertified by the Contract Administrator and 02) If the Owner elects to terminate the Contract the additional compensation paid to the Owner will provide the Contractor and the trustee or tract Administrator for such additional receiver with a complete accounting to the date of ice arising from the correction of the default; termination. ge the Contractor a reasonable allowance, etermined by the Contract Administrator,to GC4.11 Cor>tirxration of Contractor's tr correction to the Work performed by the Obligations YactOr that may be required under :action GC7.15, Warranty; 01) The Contractor's obligation under the Contract as to quality, correction and warranty of the Work ge the Contractor for any damages the performed prior to the time of termination of the er may have sustained as a result of the Contract or termination of the Contractor's right to ift; and continue with the Work in whole or in part shall 3e the Contractor the amount by which the continue to be in force after such termination. of corrections to the Work under ection GC7.15, Warranty, exceeds the GC4.12 Use of Performance Bond •ance provided for such corrections. 01) If the Contractor is In default of the Contract and Final Payment to Contractor the Contractor has provided..a Performance Bond,the Provisions of this Section shall be exercised in Owner's cost to correct and complete the accordance with the conditions of the Performance Ole or in part is less than the amount Bond. 17 SECTION GCS MATERIAL August 1990 SA1 Supply of Material work site expeditiously after the notification to that effect from the Contract Administrator. Where the All Material necessary for the proper completion Contractor fails to comply with such notice the -ie Work,except that listed as being supplied by the Contract Administrator may cause the rejected Material nor, shall be supplied by the Contractor. The to be removed from the site and disposed of in what *act prices for the appropriate tender items shall be the Contract Administrator considers to be the most imed to Include full compensation for the supply of appropriate manner and the Contractor shall pay the .h Material. costs of disposal and the appropriate. overhead charges. 5.02 Quality of Material GC5.04 Substitutions All Material provided by the Contractor shall be +. 01) Where the specifications require the Contractor to supply a Material designated by a trade or other Material supplied. by .the...:Contractor._.shall name, the tender shah be based only upon supply of iform to the requirements of the Contract the Material so designated,-which shall be regarded as ' the standard of quality required by the specification. As specified or as requested by the Contract After the acceptance of a tender, the Contractor may ninistrator,the Contractor shall make available for apply to the Contract Administrator to substitute Section or testing a sample of any Material to be another Material identidied by a different trade or other vided by the Contractor. name for the Material designated as aforesaid. The application shall be In writing and shall state the price The Contractor shall obtain for the Contract for the proposed substitute Material designated as ninistrator the right to enter upon the premises of aforesaid, and such other information as the Contract Material manufacturer or supplier to carry out such Administrator may require. )ection, sampling and testing as specified or as jested by the Contract Administrator. 02) Rulings on a proposed substitution will not be made prior to the acceptance of a tender. The Contractor shall notify the Contract Substitutions shall not be made without the prior ninistrator of the sources of supply sufficiently in approval of the Contract Administrator. The approval ante of the Material shipping dates to enable the or rejection of a proposed substitution will be made at tmct Administrator to perform the required the discretion of the Contract Administrator section, sampling and testing. 03) If the proposed substitution is approved by the The Owner will not be responsible for any delays Contract Administrator,the Contractor shall be entitled he Contractor's operations where the Contractor to the first $1000:o[the-:aggregate saving in cost by to give sufficient advance notice to the Contract reason of such substitution and to 50% of any ' ninistrator to enable the Contract Administrator to additional saving in cost-Im-excess:of such $1000. y out the required inspection,sampling and testing Each, .such approval shall be= conveyed to the me the scheduled shipping dates. Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of Tertificca Lion The Contractor shall not change the source of of Equality'and if any adjustment to the contract price ply of any Material without the written authorization is made by reason of such substitution a Contract ie Contract Administrator. Change Order shall be issued as well. Material which is not speed shall be of a GC5.05 Owner Supplied Material city best suited to the purpose required and the use uch Material shall be subject to the approval of the GC5.05.01 Ordering of Excess Material aract Administrator. 01) Where Material is supplied by the Owner and where this Material is ordered by the Contractor in S.03 Rejected Material excess of the amount specified to complete the Wok, such excess Material shall become the property of the Rejected Material shall be removed from the Contractor on completion of the Work and shall be 1 to the Contractor at cost plus applicable 04) The full amount of Material supplied by the s. Owner in each shipment shaft be accounted for by the Contractor and such Material shall be at the risk of the L Care of Material Contractor after taking delivery. Such Material shall not except with the written permission of the Contract 3 Contractor shall, in advance of receipt of Administrator,be used by the Contractor for purposes s of Material supplied by the Owner, provide other than the performance of the Work under the and proper storage facilities acceptable to Contract. act Administrator, and on the receipt of such .hall promptly place it in storage except where Incorporated forthwith into the Work. 05) Empty reels,crates,containers and other types of packaging from Material supplied by the Owner shall 3 Contractor shall be responsible for become the property of the Contractor when they are ce of Material supplied by the Owner, at the no longer required for their original purpose and shall delivery point and,for its safe handling and be disposed of by the Contractor unless.otherwise If such Material is damaged while under the specified in the Contract°Documents: t the Contractor it shall be replaced or iy the Contractor at no expense to the Owner, ,e satisfaction of the Contract Administrator. 06) The Contractor shall provide -the contract Material is rejected by the Contract Administrator, immediately upon receipt of each 'ator for reasons which are not the fault of the shipment, copies of bills of lading, or such other )r it shall remain in the care and at the risk of documentation the Contract Administrator may require actor until its disposition has been determined to substantiate and reconcile the quantities of Material mtract Administrator. received. rere Material supplied by the Owner arrives at 3ry point in a damaged condition or where 07) Where Material supplied by the Owner is 1'iscrepancies between the quantities received ordered and stockpiled prior to the award of the quantities shown on the bills of lading, the Contract, the Contractor shalt, at no extra cost to the )r shall immediately report such damage or Owner, immediately upon commencement of , utes to the Contract Administrator who shall operations, check the Material, report any damage or ' x an immediate Inspection of the shipment deficiencies to the Contract Administrator and take de the Contractor with a written release from charge of the Material at the stockpile site. Where tlity for such damage or deficiencies. Where damage or deficiencies are not so recorded by.the 3r deficiencies are not so reported it will be Contractor it shall be assumed that the stockpile was that the shipment arrived in good order and in good order when the Contractor took charge of it tge or deficiencies reported thereafter shall be and any damage or deficiencies reported thereafter A by the Contractor at no extra cost to the shall be made good by the Contractor at no extra cost to the Owner. i 1 f I 1 19 SECTION GC6 INSURANCE.PROTECTION AND DAMAGE August 1990 106.01 Protection of Work.Persons the failure to perform the Work, provided such claims and Property are 1) The Contractor,the Contractor's agents and all (a) attributable to bodily injury, sickness, disease, •orkers employed by or under the control of the or death or to damage to or destruction of :ontractor,Including Subcontractors,shall protect the tangible property; fork, persons and property from.damage or injury, nd shall be responsible for all losses and damage (b) caused by negligent acts or omissions of the Bich may arise as the result of the Contractor's contractor or anyone for whose acts the Aerations under the Contract unless indicated to the Contractor may be Gable; and 3ntrary below. (c) made in writing within a period of 6 years from 2) The Contractor:Is responsible for.the full-cost of the date of.Substantial Performance of the Work- iy necessary.....temporary_ provisions and .the _ _ as set out -in the -Certificate of -Substantial xtoration of all damage, where the Contractor Performance of the Work or,where so specified amages the Work or property in the performance of in the Contract from the date of certification of * Contract. If the Contractor is not responsible for Final Acceptance. ie damage that occurs to the Work or property the ontractor shall restore such damage,and such work 02) The Contractor shall indemnify and hold iail be administered according to these General harmless the Owner from all and every claim for onditions. damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the 3) The Contractor shall immediately Inform the Contractor In connection with work performed or ontract Administrator of all damage and injuries which material furnished by the Contractor under the xur during the term of the Contract. Contract. t) The Contractor shall not be responsible for loss 03) The Owner expressly waives the right to id damage that occurs as a result of indemnity for claims other than those stated above in paragraphs 01) &02). war, �) blockades and civil commotion; 04) The Owner shall indemnify and hold harmless errors in the Contract Documents; the Contractor, his agents, officers and `employees acts or omissions of the Owner, the from and against all claims, demands, losses, Contract Administrator, their agents and expenses, costs, damages, actions, suits, or employees, or others not under the proceedings arising out of the Contractor's control of the Contractor, but within the performance of the Contract which are attributable to a Working Area with the Owners lack of or defect in title or an alleged lack of or defect permission. in title to the Working Area i) The Contractor and his Surety or Sureties will not 05) The Contractor expressly waives the right to 3 released from any term or provision of any indemnity for claims other than those stated above in sponsibility. obligation or liability under the Contract paragraph 04). waive or impair any of the rights of the Owner :cept by a release duty executed by the Owner. GC6.03 Contractors Insurance ' C6.02 Indemnification GC6.03.01 General ) The Contractor shall indemnify and hold 01) Without restricting the generality of subsection umless the Owner and the Contract Administrator, GC6.02, indemnification, the Contractor shall provide, eir agents.officers and employees from and against maintain and pay for the insurance coverages listed In claims. demands, losses, expenses, costs, this General Condition under clauses GC6.03.02 and images. actions, suits or proceedings by third .03. Insurance coverage in clauses GC6.03.04,.05 and uties,hereinafter called•claims',directly or indirectly .06 will only apply when so speed in the Contract ising or alleged to arise out of the performance of or Documents. 1 32 General Liability insurance licensed vehicles shall have knits of not less than 5 million dollars inclusive per occurrence for bodily 3neral liability insurance shall be in the joint injury, death and damage to property, in the following f the Contractor,the Owner, and the Contract forms endorsed to provide the Owner with not less rator with limits of not less than 5 million than 30 days' written notice in advance of any ,elusive per occurrence for bodily injury,death, cancellation, change or amendment restricting cage to property including loss of use thereof, coverage: roperty damage deductible of not more than The form of this insurance shall be the (a) standard non-owned automobile policy e Bureau of Canada Form IBC 2100, dated including standard contractual liability endorsement; and mother form of insurance equal to or better than (b) standard owner's form automobile policy ,fired in IBC Form 2100 may be used,provided providing third parry liability, and accident auirements fisted in the Contract are-Included. - benefits insurance and c*overing licensed i of this Insurance.will.be conditional-upon the vehicles owned or operated by the Contractor. or obtaining the services of a recognized e Consultant and obtaining the Consultant's 3 of equivalency to the required insurance. GC6.03.04 Aircraft and Watercraft Liability Insurance ►e insurance shall be maintained continuously commencement of the Work until 12 months 01) Aircraft and watercraft liability insurance with the date of substantial performance of the respect to owned or non-owned aircraft and watercraft s set out in the certificate of Substantial if used directly or indirectly in the performance of the vice of the Work,or until the certificate of Final Work, including use of additional premises, shall be ice of the Work is issued, whichever Is the subject to limits of not less than 5 million dollars id with respect to completed operations inclusive per occurrence for bodily injury, death, and for a period of not less than 24 months from damage to property including loss of use thereof,and of Final Acceptance of the Work as set out in limits of not less than 5 million dollars for aircraft icate of Final Acceptance of the Work, and passenger hazard. Such insurance shall be in a form r to be maintained for a further period of 4 acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 days'written notice in advance of cancellation,change fie Contractor shall submit annually to the or amendment restricting coverage. proof of continuation of the completed is overage and failure of the Contractor to do GC6.03.05 Property and Bor'ler Insurance 3sult In the cancellation by the Owner of the the Contractor's indemnification under GC6.03.05.01 Property insurance )h 01) (c) of subsection GC6.02, ,cation. 01) All risks property insurance shall be in the joint names of the Contractor,the Owner and the Contract i1 touid the Contractor decide not to employ Administrator, insuring not•less than the sum of the :actors for operations requiring the use of amount of the Contract Price and the full value,as may is for blasting,or pile driving or caisson work, be stated in the Supplemental General Conditions, of val or weakening of support of property Material that is specified to be provided by the Owner or land, iBC Form 2100 as required shall for Incorporation into the Work, with a deductible not no appropriate endorsements. exceeding 1%of the amount insured at the site of the Work. This insurance shall be In a form acceptable to , e policies shall be endorsed to provide the the Owner and shall be maintained continuously until dth not less than 30 days written notice in 10 days after the date of Final Acceptance of the Work, of cancellation, change or amendment as set out in the certificate of Final Acceptance of the I overage. Work. ' lamms Made' insurance policies will not be GC6.03.05.02 Boiler Insurance i. 01) Boller insurance insuring the Interests of the x3 Automobile Liability Insurance Contractor,the Owner and the Contract Administrator for not less than the replacement value of boilers and �tomoblle liability insurance in respect of pressure vessels forming part of the Work shall be In 21 (m acceptable to the Owner. This Insurance shall responsibility by the terms of this Contract. maintained continuously from commencement of or operation of the property insured until 10 days 03) In the event of loss or damage to the work *the date of Final Acceptance of the Work, as set arising from the action of others,the Owner shall pay In the certificate of Final Acceptance of the Work. the Contractor the cost of restoring the Work as the restoration of the Work proceeds and In accordance 103.05.03 Use and Occupancy of the Work with the requirements of Section G08, Measurement Prior to Completion and Payment. Should the Owner wish to use or occupy part or GC6.03.06 Contractors'Egrdpment if the Work prior to substantial performance, the Insurance ' ier will give 30 days, written notice to the dractor of the intended purpose and extent of such 01) All risks Contractors' equipment insurance or occupancy. Prior to such use or occupancy the covering construction machinery and equipment used dractor shall notify the Owner in writing of the by the Contractor for the performance of the Work, itional premium cost, I any, to maintain property including boiler insurance on temporary boilers and boiler insurance,%which,shall be:at.the Owner's , . pressure vessels,shall be in'a•form-acceptable to the anse. If because.of such use:.or..occupancy the _Owner and shall not-allow subrogation claims by the dractor is unable to..provide coverage,.the..Owner. Insurer against the-Owner: .•The-policies shall be ' n written notice from the Contractor and prior to endorsed to•provide the Owner with not less than 30 i use or occupancy shall provide,maintain and pay days'written notice in advance of cancellation,change )roperty and boiler insurance insuring the full value or amendment restricting coverage. Subject to he Work, including coverage for such use or satisfactory proof of financial capability by the ' ipancy,and shall provide the Contractor with proof Contractor for self-insurance of the Contractor's uch insurance. The Contractor shall refund to the equipment, the Owner agrees to waive the equipment ier the unearned premiums applicable to the insurance requirement, and for the purpose of this tractor's policies upon termination of coverage. Contract, the Contractor shall be deemed to be insured. This policy-shall be amended to provide The policies shall provide that,in the event of a permission for the Contractor to grant prior releases or damage,payment shall be made to the Owner with respect to damage to the Contractor's equipment. ' the Contractor as their respective Interests may aar. The Contractor shall act on behalf of both the GC6.03.07 insurance Requirements and ier and the Contractor for the purpose of adjusting Duration amount of such loss or damage payment with the rers. When the extent of the loss or damage is 01) Unless specified otherwise the duration of each rmined the Contractor shall proceed to restore the insurance policy shalt be from the date of k. Loss or damage shall not affect the rights and commencement of the Work until 10 days after the lations of either party under the Contract except date of Final Acceptance of the Work,as set out in the the Contractor shall be entitled to such reasonable certificate of Final Acceptance of the Work. nsion of Contract Time relative to the extent of the or damage as the Contract Administrator may 02) The Contractor shall provide the Owner, on a de in consultation with the Contractor. form acceptable-to the Owner,proof of Insurance prior to commencement-of the Work, and signed by an .03.05.04 Payment for.Loss-ou.Damage. officer of the Contractor,and either the underwriter or the broker. The Contractor shall be entitled to receive from Owner, in addition to the amount due under the 03) The Contractor shall, on request, promptly tract, the amount at which the Owner's interest in provide the Owner with a certified true copy of each ' )ration of the Work has been appraised, such insurance policy exclusive of information pertaining to unt to be paid as the restoration of the Work premium or premium bases used by the insurer to eeds and in accordance with the requirements of determine the cost of the insurance. The certified true ion GC8, Measurement and Payment. In addition copy shall Include a signature by an officer of the ontractor shall be entitled to receive from the Contractor and in addition, a signature by an officer of vents made by the Insurer the amount of the the insurer or the underwriter or the broker. sactor's interest in the restoration of the Work. 04) Where a policy is renewed the Contractor shall The Contractor shall be responsible for provide the Owner,on a form acceptable to the Owner, )ruble amounts under the policies except where renewed proof of insurance immediately following amounts may be excluded from the Contractor's completion of renewal. l Tess specified otherwise the Contractor shall reimbursement of such costs the Owner may deduct isible for the payment of deductible amounts the costs thereof from monies which are due or may policies. become due to the Contractor. ne Contractor faits to provide or maintain GC6.04 Bonding as required in this General Condition or in the Contract Documents,then the Owner 01) The Contractor shall provide the Owner with the the right to provide and maintain such surety bonds in the amount required by the tender and give evidence thereof to the Contractor. documents. er's cost thereof shall be payable by the r to the Owner on demand. 02) Such bonds shall be issued by a duly licensed , surety company authorized to transact a business of ie Contractor fails to pay the cost of the suretyship in the Province of Ontario and shall be placed by the Owner within 30 days of the maintained in good standing until the fulfilment of the ,hich the Owner made a formal demand for' Contract. j r SECTION GC7 CONTRACTOWS RESPONS181UilES AND CONTROL OF THE WORK August 1990 1 7 01 General shall notify the Contract Administrator of the name(s), address(es), posklon(s) and telephone number(s) of The Contractor warrants that the site of the Work the Contractor's representatives) who can be been visited during the preparation of the tender contacted at any time to deal with matters relating to ' the character of the Work and all local conditions the Contract �h may affect the performance of the Work are wn. 08) The Contractor shalt,at no additional cost to the Owner, furnish all reasonable aid, facilities and The Contractor shall not commence the Work assistance required by the Contract Administrator for deliver anything to the Working Area until the the proper inspection and examination of the Work or aractor has received a written order to commence the taking of measurements for the purpose of ' Work, signed by the Contract Administrator. payment. The Contractor-shall.have.complete-control of , .......09) The Contractor shall prepare,-and,update..as work and shall effectively direct and supervise the required,a.construction schedule indicating the timing so as to ensure conformity with the Contract of the major and critical activities of the Work. The :uments. The Contractor shall be responsible for schedule shall be designed to ensure conformity with struction means, methods,techniques,sequences the specified Contract Time. The schedule shall be procedures and for coordinating the various parts, submitted to the Contract Administrator within 14 days ie Work. from the date of the contract award. The Contractor shall have the sole responsibility 10) Where the Contractor finds any errors, fie design, erection, operation, maintenance and inconsistency or omission relating to the Contract,the oval of temporary structures and other temporary Contractor shall promptly report it to the Contract hies and the design and execution of construction Administrator and shall not proceed with the activity nods required in their use. affected until receiving direction from the Contract Administrator. Notwithstanding paragraph 04) of subsection .01, General, where the Contract Documents 11) The Contractor shall promptly ratify the ide designs for temporary structures and other Contract Administrator in writing If the subsurface aorary facilities or specify a method of construction Lion conditions observed in the Working Area differ ttole or part, such facilities and methods shall be materially from those Indicated in the ,Contract sidered to be part of the design of the Work, and Documents. Contractor shall not be held responsible for that ' of the design or the specified method of 12) The Contractor shall arrange with the struction. The Contractor shalt, however, be appropriate utility:_authorities for the stake out of all )onsible for the execution of such design or underground utilities and service connections which , ified method of construction in the-same-manner. - may be affected by the Work.The Contractor shall be the Contractor is.responsible.for the,execution of responsible for any damage done to the underground Work. utilities by the Contractor's forces during construction 9 the stake out locations are within the tolerances given ' The Contractor shall be - responsible for in subsection GC2.01, Reliance on Contract struction health and safety within the working areas Documents. The Contractor shall be responsible for for compliance with the Occupational Health and any damage done to the service connections. .ty Act and Regulations. So as to avoid any mderstanding as to the extent of the Contractor's onsibility,the Contractor,by executing the Contract GC7.02 Layout Tuivocally acknowledges that the Contractor is the structor within the meaning of the Act. 01) Prior to commencement of construction, the Contract Administrator and the Contractor will locate on The Contractor shall have an authorized site those property bars, baselines and benchmarks asentative on the site while any work Is being which are necessary to delineate the Working Area and xmed, to act for or on the Contractor's behalf. to lay out the Work, all as shown on the Contract to commencement of construction,the Contractor Drawings. r ' 1 e Contractor shall be responsible for the GC7.04 Emm 1-0a ft of Mabor Vctvdlas tion of ail property bars while the Work Is in except those property bars which must be 01) Where a vehicle is hauling materiai for use on ` to facilitate the Work. Any property bars the Work, in whole or in part upon a Highway, and ' i, damaged or removed by the Contractor's where motor vehicle registration is required for such >s shall be replaced under the supervision of vehicle,the Contractor shall not cause or permit such io Land Surveyor, at no extra cost to the vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, whether such vehicle is , registered in the name of the Contractor or otherwise, no extra cost to the Owner, the Contractor except where there are designated areas within the vide the Contract Administrator with such Working Area where overloading Is permitted. The and devices as may be necessary to lay out Contractor shall bear the onus of weighing disputed ' dine and benchmarks, and as may be loads. y for the inspection of the Work. e Contractor shall provide..qualified personnel. . GC7.05 Condition of the Working Area and establish all lines and grades necessary ,ruction. The Contractor shall notify the 01) The Contractor shall maintain the Working Area Administrator of any layout work carried out, in a tidy condition and free from the accumulation of ie same may be checked by the Contract debris,other than that caused by the Owner or others. ator. GC7.06 Maintaining Roadways and Contractor shall install and maintain Detours it alignment markers and secondary -ks as may be required for the proper 01) Where an existing Roadway is affected by of the Work. The Contractor shall supply construction, it shall be kept open to traffic, and the ' of all alignment and grade sheets to the Contractor shall, except as otherwise provided in this 4dministrator. subsection, be responsible for providing and maintaining for the duration of the Work, a road Contractor shall assume full responsibility through the Work,whether along an existing Highway, ' ent, elevations and dimensions of each and including the road under construction, or on detours i of the Work, regardless of whether the within or adjacent to the Highway, in accordance with -'s layout work has been checked by the the Manual of Uniform Traffic Control Devices kdministrator. (MUTCD). :takes,marks and reference points provided 02) The Contractor shall not be required to maintain :ontract Administrator shall be carefully a road through the Working Area until such time as the by the Contractor. In the case of their Contractor has commenced operations. or during I or removal, such stakes, marks and seasonal shut down or on any part of the Contract that points will be replaced by the Contract has been accepted in accordance with these General for at no extra cost to the Owner. Conditions. CO) Where localized and separated sections of the Damage by Vehictes or Other Highway only are affected by the Contractor's Equip operations, the Contractor will not be required to ' maintain intervening sections of the Highway until such any time, in the opinion of the Contract times as these sections are located within the limits of :or, damage is being done or is likely to be the Highway affected by the Contractor's general ' 'Y roadway or any improvement thereon, operations under the Contract. The Contractor shall Working Area, by the Contractor's vehicles not be required to apply deicing chemicals or 1ulpment, whether licensed or unlicensed abrasives or carry out snowplowing. the Contractor shall,on the direction of the ' dministrator, and at no extra cost to the 04) Where the Contract Document provides for or 31(e changes or substftutkm for such the Contract Administrator requires detours at specific equipment, and shall after loadings, or in locations,payment for the construction ofthe detours, +r manner, remove the cause of such and if required, for the subsequent removal of the o the satisfaction of the Contract detours, will be made at the Cor#W prices x appropriate to such work, l The Owner will bear the cost of maintaining,in a 02) The Contractor shall provide at all times and at factory condition for traffic, a road through the no extra cost to the Owner access to fire hydrants,and king Area The road through the Work will include water and gas valves located in the Working Are& detour constructed in accordance with the Bract Documents or required by the Contract 03) Where any interruptions in the supply of utility Inistrator. Compensation for all labour,equipment services are required and are authorized by the materials to do this work shall be at the Contract Contract Administrator, the Contractor shall give the as appropriate to the work and,where there are no affected property owners notice In accordance with I prices.at negotiated pries. Notwithstanding the subsection GC7.11. Notices by the Contractor, and going,the cost of blading required to maintain the shall arrange such interruptions so as to create a ace of such roads and detours shall be deemed to minimum of interference to those affected: ,ncluded In the prices bid for the various tender s and no additional payment will be made. GC7.08 Approvals and Permits Where work under the Contract is discontinued ' my extended period including seasonal shutdown, 01) Except as specified in paragraph 02) of this Contractor shall-whert.directed.by::the_.Contract _subsection, the-Contractor shall,obtain any°permits, iinistrator, open and...place-•.the-nroadway and licenses, and certificates-required-for the performance )urs In a passable,safe and satisfactory condition of the Work which are in force at the date of tender ' xabiic travel. closing. Where the Contractor constructs a detour which 02) The Owner will obtain and pay for the KA specifically provided for in the Contract necessary plumbing and building permits. ' ument. or required by the Contract Administrator, construction of the detour and, if required, the 03) The Contractor shall arrange for all necessary :equent removal shall be performed at the inspections. tractor's expense. The detour shall be constructed maintained to structural and geometric standards GC7.09 Suspension of Work oved by the Contract Administrator. Removal shall Performed as directed by the Contract 01) The Contractor shah, upon written notice from Jnistrator. the Contract Administrator,discontinue or delay any or all of the Work and work will not be resumed until the Where.with the written approval of the Contract Contract Administrator will, in writing, so direct. inistrator, the Highway Is closed and the traffic Delays, in these circumstances, will be administered led entirely off the Highway to any other Highway, according to subsection GC3.08, Delays. 30ntractor shall, at no extra cost to the Owner, dy and erect traffic control devices in accordance the MUTCD. GC7.10 Contractor's Right to Stop the Compliance with the foregoing provisions shall Work or Terminate The Contract a way relieve the Contractor of obligations.under 01) If the Owner is adjudged bankrupt or makes a ' ection GC6.01, Protection of.Work,.Persons.and general assignment for the benefit of creditors because arty,dealing with the.Contractor's responsibility for= of insolvency or it.a receiver is appointed because of age claims, except for.claims arising on sections Insolvency, the Contractor may, without prejudice to ighway within the Working Area that are being any other right or remedy the Contractor may have,by tarried by others, giving the Owner or receiver or trustee In bankruptcy written notice, terminate the Contract. CF7 Access to Properties Adjoining the Work and Interruption of 02) If the Work is stopped or otherwise delayed for Utility Services a period of 30 days or more under an order of a court or other public authority and provided that such order The Contractor shall provide at all times, and at was not issued as the result of an act or fault of the Ctra cost to the Owner Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without Prejudice to any other right or remedy the Contractor adequate pedestrian and vehicular access; and may have,by giving the Owner written notice,terminate the Contract. continuity of utility services to properties adjoining the Working Area 03) The Contractor may notify the Owner In writing, 1 1 Spy to the Contract Administrator, that the not make any claim against the Owner for any loss, ' In default of contractual obligations If damage or expense occasioned thereby. Contract Administrator fails to Issue 02) Where the obstruction Is an underground utii'ity ' tificates in accordance with the provisions of such as a telephone cable, watermain, gas main or pion GCB, Measurement and Payment; sewer or other man-made object,the Contractor shall not be required to assume the risks and responsibilities ' Owner fails to pay the Contractor,within 30 -arising out of such obstruction, unless the location of is of the due date, the amounts certified by the obstruction Is shown on the plans or described in Contract Administrator or awarded by the specifications and the location so shown is within titration or court; or the tolerance specified in paragraph 01)(a) of subsection GC2.01, Reliance on Contract Documents, Owner violates the requirements of the or unless the presence and location of the obstruction ntract. has otherwise been made known to the Contractor or could have been determined by the visual site 3 Contractor's written notice to-the..Owner investigation made by the Contractor in•accordance se that if the default is not corrected in the 7 with these General Conditions. tediately following the receipt of the written 3 Contractor may, without prejudice to any 03) During the course of the Contract, it is the ' 4 or remedy the Contractor may have, stop Contractor's responsibility to consult with utility or terminate the Contract. companies or other appropriate authorities for further information in regard to the exact location of these ie Contractor terminates the Contract under utilities, to exercise the necessary care in construction :ions set out in this subsection,the Contractor ' operations, and to take such other precautions as are entitled to be paid for all work performed necessary to safeguard the utility from damage. I to the Contract Documents and for any ' damage as the Contractor may sustain as a GC7.13 Limitations of Operations he termination of the Contract. 01) Except for such work as may be required by the Notices by the Contractor Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not `ore work is carried out which may affect the carry on operations under the Contract on Sundays or operations of any Ministry or agency of without permission in writing from the Contract ant or any person, company, partnership or Administrator. xn, including a municipal corporation or any commission thereof, and in addition to such 02) The Contractor shall cooperate with other 'the commencement of specified operations Contractors,utility companies and the Owner and they !scribed elsewhere in the Contract Document, shall be allowed access to their work or plant at all actor shall give at least 48 hours advance reasonable times. )tire of the date of commencement of such e person,company,partnership,corporation, commission so affected. GC7.14 Cleaning Up Before Acceptance :he case of damage to, or interference with 01) Upon attaining Substantial Performance of the 3s, pole lines, pipe lines, conduits,farm files, Work, the Contractor shall remove surplus materials, xiblic or privately owned works or property, tools, construction machinery and equipment not actor shalt immediately notify the Owner and required for the performance of the remaining work. Act Administrator of the location and details of The Contractor shall also remove all temporary works , rage or Interference. and debris other than that caused by the Owner, or others and leave the Work and Working Area clean and Obstructions suitable for occupancy by the Owner unless otherwise specified. :ept as otherwise noted in these General s, the Contractor assumes all the risks and dities flog out of any obstruction 02) The Work shall not be deemed to have reached 'ed in the performance of the Work and any Completion until the Contractor has removed surplus iditlons, including traffic conditions on any materials, toots, construction machinery and X road giving access to the Working Area equipment. The Contractor shall also have removed i such obstructions,and the Contractor shall debris,other than that caused by the Owner,or others. ' :15 Warranty Performance of the Work, or where there is no Substantial Performance certificate,12 months from the The Contractor shall be responsible for the date of Completion of the Work as set out in the ier performance of the Work only to the extent that completion Certificate or such longer periods as may ' iesign and specifications permit such performance. be specified for certain materials or work The Contract Administrator will promptly give the Contractor Subject to the previous paragraph the Contractor written notice of observed defects or deficiencies. I correct promptly, at no additional cost to the ' mer, defects or deficiencies in the Work which ear prior to and during the period of 12 months 03) The Contractor shall correct or pay for damage i the date of Substantial Performance of the Work, resulting from corrections made under the :et out In the Certificate of Substantial requirements of paragraph 02) of this subsection. r t SECTION GC8 MEASUREMENT AND PAYMENT August 1990 01 Measurement b in the case of a M hem where the ( ) � quantity of work performed and/or material supplied by 01.01 CAXIIntitias the Contractor is less than 85% of the tender quantity,either party to the Contract may make The Contract Administrator will make an estimate a written request to the other party to negotiate a month, in writing, of the quantity of work a revised unit price for that portion of the work rmed. The first estimate will be the quantity of the performed and/or material supplied. The performed since the Contractor commenced the negotiation shall be carried out as soon as act, and every subsequent estimate, except the reasonably possible. Any revision of the unit one, will be of the quantity of work performed price shall be based on the actual cost of the preceding estimate was made. The Contract performing the Work and/or supplying the nistrator will provide the copy of each estimate to material under the tender Rem plus a ontractor within 10 days of the Cut-Off Date. reasonable allowance for profit and applicable overhead. Alternatively, where both parties Such quantities.fouprogress:payments shall.be: agree, an allowance equal to 10% of the unit rued and held to be approximate. The final price on the amount of the underrun which is tides for the issuance of the Completion Payment less than 85% of the tender quantity will be ' icate shall be based on the measurement of the paid. completed. GC8.02 Payment Measurement of the quantities of the work will be by Actual Field Measurement or by Plan Quantity GC8.02.01 Price for Work pies as Indicated in the Contract Adjustments to Quantity measurements will normally be made 01) Prices for the Work shall be full compensation Plan Quantity principles but may, where for all labour, Equipment and Material.required in its 3priate, be made using Actual Field performance. The term 'alt labour, Equipment and urements. Material"shall include Hand Tools, supplies and other incidentals. 01.02 Variations In Tender Quantities 02) Payment for work not specifically detailed as part of any one item and without specified details of Where R appears that the quantity of work to be payment will be deemed to be included in the Rem(s) and/or Material to be supplied by the Contractor with which R Is associated. a unit price tender Rem will exceed or be less he tender quantity,the Contractor shall proceed GC8.02.02 Advance Payments for Material the work and/or supply the material required to Mete the tender item and payment will be made for 01) The Owner will make advance payments for actual amount of work done and/or materials material intended for incorporation in:the Work upon iied at the unit prices stated in the tender except the written.request of the Contractor and according to ovided below: the following terms and conditions: (a) The Contractor shall, in advance of receipt of ' In the case of a Major Item where the amount of the shipment of the material, arrange for work performed and/or material supplied by the adequate and proper storage facilities and Contractor exceeds the tender quantity by more notify the Contract Administrator of their than 15%,either party to the Contract may make location(s). ' a written request to the other party to negotiate a revised unit price for that portion of the Work (b) The value of aggregates, processed and performed and/or material supplied which stockpiled, shall be assessed by the following exceeds 115% of the tender quantity. The procedure: negotiation shall be carried out as soon as reasonably possible. Any revision of the unit (i) Sources Other Than Commercial price shall be based on the actual cost of doing the work and/or supplying the material under the (A) Granular'A', 'B'and'M' shall be tender Rem plus a reasonable allowance for assessed at the rate of 60% of profit and applicable overhead. the contract price. 1 Coarse and fine aggregates for hot mix GC8.01.01, Quantities. , asphaltic concrete,surface treatment and Portland cement concrete shall be 02) The progress Payment Certificate will show assessed at the rate of 25% of the ' contract price for each aggregate (a) the quantities of work performed; stockpiled. (b) the value of work performed; Commercial Sources ' (c) the amount of statutory holdback,liens,owners Payment for separated coarse and, fine set-off; and aggregates will be considered, at the above rate, when such materials are (d) the amount due the Contractor. stockpiled at a commercial source where further processing is to be carried out 03) One copy of the progress Payment Certificate before incorporating such materials into a will be sent to the Contractor. final product. Advance payments for other materials,located at a commercial 04) Payment will be made within 30 days of the Cut- source will not be made. off Date. yment for all other materials,unless otherwise ' 3ctfied elsewhere in the Contract, shall be GC8.02-03.02 Certification of Subcontract 3ed on the invoice price, and the Contractor Completion 311 submit proof of cost to the Contract ' ministrator before payment can be made by •01) Before the Work has reached the stage of Owner. substantial performance,the Contractor may notify the Contract Administrator, In writing that a subcontract is 3 payment for all materials shalt be prorated completed satisfactorily and ask that the Contract 3inst the appropriate tender item by paying for Administrator certify the completion of the subcontract. f'icient units of the item to cover the value of material. Such payment shall not exceed 02) The Contract Administrator will issue a �6 of the Contract price for the item. Certificate of Subcontract Completion if the subcontract has been completed satisfactorily, and all required materials for which the Contractor wishes to inspection and testing of the works covered by the .elve advance payment shall be placed in the subcontract have been carried out and the results are , 4nated storage location Immediately upon satisfactory. sipt of the material and shall thenceforth be d by the Contractor in trust for the Owner as 03) Within 7 days of the date the subcontract is lateral security for any monies advanced by certified complete the Contract AdminIstratQr will give ' Owner and for the due completion of the a copy of the certificate to the Contractor and to the )rk. The Contractor shall not exercise any act Subcontractor concerned. 3wnership inconsistent with such security,or ' love any material from the storage locations, mpt for inclusion in the Work, without the GC8.02.03.03 Subcontract Sta Mory Holdback 3sent,in writing,of the Contract Administrator. Release Certificate and Payment :�t materials shall remain at the risk of the 01) Following receipt of the Certificate of , ntractor who shall be responsible for any Subcontract Completion, the Owner will release and s,damage,theft,improper use or destruction pay the Contractor the statutory holdback retained in :he material however caused. respect of the subcontract. Such release shall be , made after 45 days from the date the subcontract was certified complete and providing the Contractor 3 Certification and Payment submits the following to the Contract Administrator. ' 3.01 Progress Payment Certificate (a) a document satisfactory to the Contract 3 value of the work performed and material Administrator that will release the Owner from will be calculated once a month by the all further claims relating to the subcontract, %dministmior in accordance with the Contract qualified by stated exceptions such as Is and the quantities described in clause holdback monies; 31 evidence satisfactory to the Contract GC8.02.03.05, Substantial Performance Payment and ' Administrator that the Subcontractor has Statutory Holdback Release Payment Certificates,tes,shag discharged all incurred liabilities in carrying out commence from the date of publication of the the subcontract; Certificate of Substantial Performance as provided for ' above. a satisfactory clearance certificate or letter from the Workers'Compensation Board relating to the GC8.02.03.05 Substantial Performance subcontract; and Payment and Statutory Holdback Release Payment Certificates a copy of the contract between the Contractor and the Subcontractor and a satisfactory 01) When the Contract Administrator issues the statement showing the total amount due the Certificate of Substantial Performance the Contract ' Subcontractor from the Contractor. Administrator will also issue the Substantial Performance Payment Certificate and the Substantial Paragraph(d)will only apply to Lump Sum items Performance Statutory Holdback Release Payment then only when the Contract Administrator Certificate or where appropriate, a combined payment ically requests it. certificate. Upon receipt of-the-statutory•Holdback,-the 02) The Substantial—Performance- •Payment ' actor shall forthwith give the Subcontractor the Certificate will show ern due under the subcontract. (a) the value of work performed to the date of Release of statutory holdback by the Owner in Substantial Performance; I of a subcontract shall not relieve the actor, or the Contractor's Surety, of any of their (b) the value of outstanding or incomplete work; nsibilities. (c) the amount of the statutory holdback, allowing 12.03.04 Certification of Substantial for any previous releases of statutory holdback Performance to the Contractor in respect of completed subcontracts and deliveries of pre-selected ' Upon application by the Contractor and where equipment; contract has been substantially performed the act Administrator will issue a Certificate of (d) the amount of maintenance security required; antiai Performance. and The Contract Administrator will set out in the (e) the amount due the Contractor. ;ate of Substantial Performance the date on the Contract was substantially performed and 03) The Substantial Performance Statutory ' 7 days after signing the said certificate the Holdback Release Payment Certificate will be a act Administrator will provide a copy to the payment certificate releasing to the Contractor the actor. statutory holdback due in respect of work performed up to the date of substantial performance. Payment of Upon receipt of a:_copy of the Certificate of such statutory holdback-.shall be made after 45-days antial Performance,..the.Contractor shall forthwith, from the date of publication of the -Certificate of quired by Section 32(1) Paragraph 5 of,the Substantial Performance but subject to the provisions ruction Lien Act, publish a copy of the certificate of the Construction Uen Act and the submission by the onstruction trade newspaper. Such publication Contractor of the following documents: iclude placement in the Daily Commercial News. (a) a release by the Contractor in a form ' Where the Contractor fails to publish a copy of satisfactory to the Contract Administrator 3rtificate of Substantial Performance as required releasing the Owner from all further claims within 7 days after receiving a copy of the relating to the Contract, qualified by stated ' ;ate signed by the Contract Administrator, the exceptions such as outstanding work or matters may publish a copy of the certificate at the arising out of subsection GC3.14, Claims, actor's expense. Negotiations, Disputes; Except as otherwise provided for in Section 31 (b) a statutory declaration in a form satisfactory to Construction Uen Act, the 45-day lien period the Contract Administrator that all liabilities the release of holdback as referred to in clause incurred by the Contractor and the Contractor's ibcontractors in carrying out the Contract have (b) a statutory declaration In a form satisfactory to ' en discharged except for statutory holdbacks the Contract Administrator that an liabilities Very retained; incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract ' Satisfactory Certificate of Clearance from the have been discharged, qualified by stated .3rkers' Compensation Board; and exceptions where appropriate; and 3of of publication of the Certificate of (c) a satisfactory Certificate of Clearance from the ibstantiai Performance. Workers' Compensation Board. 13.06 Cer6'fxmtion of Completion GC8.02.03.08 Interest )on application by the Contractor, and when 01) Interest due the Contractor is based on simple ' Arad reaches Completion, the Contract interest and is calculated using the applicable Rates of rator will issue a Completion Certificate. Interest. ' e Contract Administrator mill.set:out.in--the GC8.02.03.09 Interest for Late Payment on Certificate the date on which the Work was td and within 7 days of signing the said 01) When the Contractor has complied with the , 3 the Contract Administrator will provide a requirements of the Contract and when payment by the he Contractor. Owner to the Contractor for work performed, or for release of statutory holdback,is delayed by the Owner, 13.07 Completion Payment and then the Contractor shall be entitled to payment for ' Statutory Holdback Release Work performed at the Rate(s) of Interest from a date Payment Certificates or dates derived from the following: den the Contract Administrator issues the ' on Certificate, the Contract Administrator will (a) Progress Payment: a date 30 days after the e the Completion Payment Certfcate and the Cut-off Date; Holdback Release Payment Certificate or ' )propriate, a combined payment certificate. (b) Subcontract Completion and Subcontract Statutory Holdback: a date 75 days after the e Completion Payment Certificate will show date the subcontract is certified complete; 3asurement and value of work at completion; (c) Substantial Performance ;and Statutory Holdback: a date 75 days after the date the amount of the further statutory holdback Certificate of Substantial Performance is ' sed on the value of further work completed published; er and above the value of work completed awn In the Substantial Performance Payment (d) Completion and Holdback: a date 75 days rtificate referred to above; and after the date the Contract is certified complete. ' amount due the Contractor. GC8.02.03.10 interest for Negotiations and Claims a Completion Statutory Holdback Release Certificate will be a payment certificate 01) Except as hereinafter provided, where a notice to the Contractor the further statutory of negotiation, notice of intent to claim and the Payment of such statutory holdback shall subsequent claims are submitted in accordance with ' after 45 days from the date of completion of the time limits and/or procedure described by as established by the Completion Certificate subsection GC3.14,Negotiations,Claims,Disputes,the ct to the provisions of the Construction Uen Owner will pay the Contractor the Rate(s)of Interest on the submission by the Contractor of the the amount of the negotiated price for the work or on ' documents: the amount of the settled claim Such interest will not commence until 30 days after the satisfactory 3lease by the Contractor in a form satisfactory completion of the work. the Contract Administrator releasing the mer from all further claims relating to the 02) Where the Contractor does not attempt to ntract, qualified by stated exceptions where resolve the negotiation or the claim, in an expeditious iropriate; manner, interest shall be negotiable. Where the Contractor fails to give notice of a •Cost of Material" means the cost of material ' 'n within the time limit prescribed by subsection purchased, or supplied from stock, and valued at 3.14. Negotiations, Claims, Disputes, interest shall anent market prices. for the purpose of carrying out be paid. extra work,by the Contractor,or by others when such arrangements have been made by the Contractor for ' Where a Contractor fails to comply with the completing the Work, as shown by itemized invoices. lay time limit and the procedures prescribed by section GC3.14,Negotiations,Claims,Disputes,for *Payroll Burden" means the payments in respect of mission of claims, interest shall not be paid for the Workers'compensation,vacation pay,unemployment y period. insurance, public liability and property damage insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments 1.0203.11 Owner's Set-off forming part of the Contractor's normal tabour costs and shall include any cost or expense as the Contract Pursuant to Section 12 of the Construction Lien Administrator may approve, which has been incurred 1983 - Set-off by Trustee, the Owner may retain by the Contractor for travel, travel time, food, lodging i monies owing to the Contractocunder this,or any or similar items. r contract an amount sufficient to cover any tanding or dispt4ed,liabilities Including.the:costIo Equipment" means equipment that'is'rented 3dy deficiencies, the reduction in value of or leased for the special purpose of Work on a Time ' dandard portions of the Work,claims for damages and Material Basis from a person, firm or corporation nird parties which have not been determined in that is not an associate or affiliate of the lessee as ig by the Contractor's Insurer, undetermined defined by the Securities Act, RSO 1980, Chapter 466, ' 3s by the Owner under paragraph (a) of clause and is approved by the Contract Administrator. .01.02, Variations in Tender Quantities, any ssment due the Workers' Compensation Board "Operated Rented Equipment" means Rented any monies to be paid to the workers in Equipment rented or leased for the special purpose of ' irdance with clause GC8.02.06, Payment of Work on a Time and Material Basis for which an ters. operator is provided by the supplier of the equipment and for which the rent or lease Includes the cost of the Under these circumstances the Owner will give operator. :ontractor appropriate notice of such action. 'Road Work' means the preparation, construction, .02-03.12 Delay in Payment finishing and construction maintenance of roads, streets, highways and parking lots and includes all The Owner shall not be deemed to be in default work incidental thereto other than work on structures. 3 Contract provided any delay in payment does !xceed 30 days from the normal due date. "Sewer and Watermain Work' means the preparation, ' construction,finishing and construction maintenance of sewer systems and watermain systems, and includes 02.04 Payment on a Tune and Material all work incidental thereto other than work on Basis structures. ' 0204.01 Definitions. "Standby Time'means any period of time which is not considered working time and which together with the For the purposes of this clause the following working time does not exceed 10 hours in any one tions apply: working day and during which time a unit of equipment cannot practically be used on other work but must of Labour' means the amount of wages, salary remain on the site in order to continue with its assigned ' 'ayroll Burden paid or incurred directly by the task and during which time the unit is in fully operable actor to or In respect of labour and supervision condition. ,ly and necessarily engaged on the Work based 3 recorded time and hourly rates of pay for such 'Structure Work" means the construction, r and supervision, but shalt not include any reconstruction, repair, alteration, remodelling, ent or costs incurred for general supervision, renovation or demolition of any bridge,building,tunnel iistration or management time spent on the entire or retaining wall and includes the preparation for and or any wages,salary or Payroll Burden for which the laying of the foundation of any bridge, building, 3Mractor is compensated by any payment made tunnel or retaining wall and the installation of +Owner for equipment. equipment and appurtenances incidental thereto. Rate'means the rate for a unit of equipment used on each Time and Material project at 12096 of the ' In OPSS 127, Schedule of Rental Rates for Cost of the Material up to$3,000,then at 115%of any lion Equipment Including Model and portion of the Cost of Material In excess of$3,000. rtion Reference,which is current at the time the carried out or for equipment which is not so GC8.0204.06 Payment for Equipment ie rate which has been calculated by the using the same principles as used in GC8.02.04.06.01 Working Time ing the 127 Rates. 01) The Owner will pay the Contractor for the i a Time and Material Basis'means Changes Working Time of all equipment other than Rented A.Extra Work and Additional Work approved Equipment and Operated Rented Equipment used on :ontract Administrator for payment on a time the Work on a Time and Material basis at the 127 Rates aria)basis. The Work on a Time and Material with a cost adjustment as follows: call be subject to all the terms, conditions, tions and provisions of the Contract. (a) Cost$10,000 or less-no adjustment; Time` means .each:-period of time during (b) Cost'greater than $10,000 but not exceeding ' unit of equipment is-activey.and of necessity $20,000 payment $10;000 plus 90% of the on a specific operation and the first 2 hours portion in excess of$10,000; and ' mmediatey following period during which the A so engaged but during which the operation (c) Cost greater than$20,000 - $19,000 plus 80% ,Ise proceeding and during which time the unit of the portion in excess of$20,000. racticaly be transferred to other work but must , n the site in order to continue with its assigned 02) The Owner will pay the Contractor for the .d during which time the unit is In a fully Working Time of Rented Equipment used on the Work condition. on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a ' )4.02 Daily Work Records maximum of 110%of the 127 Rate. This constraint will be waived when the Contract Administrator approves dly Work Records prepared as the case. the invoice price prior to the use of the Rented ' ither the Contractor's representative or the Equipment. Administrator and reporting the labour and It employed and the material used on each 03) The Owner will pay the Contractor for the 9 Material project, shall be reconciled and Working Time of Operated Rented Equipment use on ' each day by both the Contractor's the Work on a Time and Material Basis at 110%of the cative and the Contract Administrator.' Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the 14.03 Payment for Work equipment on the work on a Time and Material Basis. ' yment as herein provided shall be full +ation for all labour,Equipment and Material to GC 8.0204.06.02 Standby Time ' A on a Time and Material basis except where agreement to the contrary prior to the 01) The Owner will pay the Contractor for Standby moment of the work on a Time and Material Time of Equipment at 35% of the 127 Rate or 35% of -)e payment adjustments shall apply to each the invoice price whichever is appropriate. The Owner ' Change Order authorized by the Contract will pay reasonable costs for Rented Equipment where ator. this is necessarily retained in the Work Area for extended periods agreed to by the Contract 4.04 Payment for Labour Administrator. This will include Rented Equipment ' Intended for use on other work,but has been idled due 3 Owner will pay the Contractor for labour to the circumstances giving rise to the Work on a Time I on each Time and Material project at 135% and Material Basis ' A of labour up to$3000,then at 12096 of any 'the Cost.of.labour in excess of$3000. 02) In addition;.the Owner will include-the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby 4.05 Payment for Material period or during the period of Idleness caused by the circumstances giving rise to the Work on a Time and ) i Owner will pay the Contractor for material Material Basis The Contract Administrator may require Rented Work. )meat idled by the circumstances giving rise to 'ork on Time.and Material Basis to be returned to 02). Separate summaries shall be completed m until the work requiring the equipment can Contractor according to the standard form'Summary the mm ' scimed. The Owner wig pay such costs as result for Payment of Accounts on a Time and Material ly from such return. Basis`. Each summary shall Include the order number and covering dates of the work and shall itemize When equipment is transported, solely for the separately labour, materials and equipment, invoices )se of the Work on a Time and Material Basis,to for materials, Rented Equipment and other charges ,m.the Working Area on a Time and Material incurred by the Contractor on the Work on a Time and payment will be made by the Owner only in Material Basis shag be included with each summary. ct of the transporting units. When equipment Is,, d under its own power it shag be deemed to be 03) Each month the Contract Administrator will ig. The method of moving equipment and the include with the monthly progress payment certificate, shall be subject to the approval of the Contract the costs of the Work on a Time and Material Basis iistrator. incurred during the preceding month all in accordance with the contract administrative procedures and the Contractors invoice of the Work on a Time and V204.07 Payment for Hand Tools Material Basis. Notwithstanding any other provision of this 04) The final"Summary for Payment of Accounts on n, no payment shall be made to the Contractor a Time and Material Basis` shall be submitted by the in respect of hand tools or equipment that are Contractor within 60 days after the completion of the :)f the trade. work on a Time an Material Basis. 204.08 Payment for Work By Subcontractors GC8.0205 Final Acceptance Certificate Where the Contractor arranges for work on a 01) After the acceptance of the Work the Contract and Material Basis, or a part of it, to be Administrator will issue the Final Acceptance Certificate, ned by Subcontractors on a Time and Material or, where applicable, after the Warranty Period has and has received approval prior to the expired. The Final Acceptance Certificate will not be encement of the work, in accordance with the issued until all known deficiencies have been adjusted )meats of subsection GC3.10,Subcontracting by or corrected, as the case may be, and the Contractor mtractor,the Owner will pay the cost of work on has discharged all obligations under the Contract. e and Material Basis by the Subcontractor ited as if the Contractor had done the work on a GC8.02.06 Payment of Workers ind Material Basis, plus a markup calculated on owing basis: 01) The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in 20% of the first$3,000; plus accordance with the labour conditions set out In the ' Contract and at intervals of not less than twice a 15%of the amount from$3,000 to$10,000;plus month. 5% of the amount in excess of$10,000. 02) The Contractor shall require each Subcontractor ' doing any part of the Work to pay the workers Vo further markup will be applied regardless of employed by the Subcontractor on the Work in ent to which the work Is assigned or sublet to accordance with this clause. If work is assigned or sublet to an associate, ' ned by the Securities Act, RSO 1980, Chapter 03) Where any person employed by the Contractor markup whatsoever will be applied. or any Subcontractor or other person on the Work is paid less than the amount required to be paid under ' the Contract, the Owner may set off monies in 104.09 Submission of Invoices accordance with clause GC8.02.03.11,Owner's Set-off. V the start of the work on a Time and Material the Contractor shall provide the applicable GC8.0207 Records and equipment rates not already submitted to ntract Administrator during the course of the 01) The Contractor shag maintain and keep 9 Records relating to the Work,Changes in the fuels, materials and services, except for refundable ' Ara Work and claims arising therefrom. Such taxes and duties, shall be included in the Contract shall be of sufficient detail to support the total price. the Work, Changes in the Work, and Extra ' `he Contractor shall preserve all such original until 12 months after the Final Acceptance 02) The Contractor shall pay all taxes, customs rte is issued or until all claims have been duties,and excise taxes on all fuels and materials with whichever is longer. The Contractor shall respect to the Contract. Where applicable, the ' that Subcontractors employed by the Contractor shall apply for any refunds of taxes and for preserve all original Records pertaining to duties to the appropriate tax levying authority. k,changes in the work, Extra Work and claims therefrom for-a similar period of time. ' 03) Any increase or decrease in costs of materials , In the opinion of the Contract Administrator, and fuels incorporated into the Work due to changes ork Records are required, such records shall in such taxes and duties after the date of the tender he labour and equipment employed and the closing shall increase or decrease the Contract price ' used on any specific portion of the Work. The accordingly. Both parties to the Contract-shall assist fork Records shall be reconciled with and the other in applying for refunds,where appropriate,by by the Contractor's representative each day. providing receipts, records or other help. ' he Owner may inspect and audit the Ices Records relating to the Work, Extra Work inges in the Work at any time during the period ' :ontract in accordance with paragraph 01) of GC8.02,09 Liquidated Damages ise.The Contractor shall supply certified copies part of his Records required whenever ' ad by the Owner. 01) When liquidated damages are specified In the Contract and the Contractor fails to complete the Work .08 Taxes and Duties in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract ' axes, customs duties and excise taxes on all Documents. V...- Canadian construction documents committee SUMMARY OF IMPORTANT DIFFERENCES BETWEEN THE 1994 AND THE 1982 EDITIONS OF CCDC 2 • The Articles of the Agreement and General Conditions of the CCDC 2 - 1994 are reordered. • Article A-4 of the Agreement-CONTRACT PRICE Value Added Taxes are excluded from the Contract Price. • Article A-5 of the Agreement-PAYMENT 'Final certificate for payment' is used as a milestone event in the life of the Contract. GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER • The Contractor is entitled to request the Owner to furnish reason evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. `�/ • GC 5.5 - PAYMENT OF HOLDBACK UPON SUBSTANI IAL PERFORMANCE OF days prior The Owner is required to place the holdback amount in a separate the expiry of the holdback period- GC 6.3 - CHANGE DIRECTIVE e owner • Introduces a new administrative d here thlere has been no agreementhon thesvaluedof aTchange or and authorizes the change to p j the valuation method. • GC 6.4 - CONCEALED OR UNKNO\;N CONDITIONS The scope is expanded to include concealed physical conditions as well as underground conditions_ he } procedure and time period for the giving of written notices are specified. l • Part 8 of the General Conditions -DISPUTE RESOLUTION reach of negotiation, The dispute resolution procedures are amended to mandate the seque�es may refer the unresolved I mediation,and arbitration.If neither parr`elects to use arbitration,the p dispute to the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use. • GC 9.3 - TOXiC AND HAZARDOUS SUBSTANCES AND MATERIALS res ing New General Condition outlines the procedures to apply and the obligations of the par-d es Pe'M the presence of toxic or hazardous substances or materials at the Place of the Work_ • GC 11.1 - INSURANCE licy forms endorsed The insurance conditions are revised to refer the prevailing standard insurance policy by the Insurance Bureau of Canada tTBC) rather than the current o visions o the IBC Policies mandatory endorsements, however, are required by the CCDC pr • GC 12.3 - WARRANTY a guarantees in excess of 1 year shall be issued New provision states that Product warranties requrnnD g by the manufacturer to the benefit of the Owner and they are to be acquired by the Contractor on behalf of the Owner. In the Committee's continuing effort to keep the wording of the standard documents clear and consistent, minor editorial changes have been made. These editorial changes do not change the intent of the document. June, 1994 TABLE OF CONCORDANT ARTICLES 1982/1994 EDITIONS OF CCDC 2 1982 1994 1982 1994 Edition Edition Edition Edition ARTICLES OF AGREEMENT GC 14.3 GC 5.4 Substantial Performance of A-1 A-1 The Work the Work New A-2 Agreements and Amendments GC 14.4 GC 5.5 Payment of Holdback upon A-2 A-3 Contract Documents Substantial Performance of A-3 A4 Contract Price the Work A4 A-5 Payment GC 14.5-.6 GC 5.6 Progressive Release of Holdback A-6 A-6 Receipt of and Addresses for notices GC 14.7 GC 5.7 Final Payment A-7 A-7 Language of the Contract GC 14.9 GC 5.8 Withholding of Payment A-8 A-8 Succession GC 14.10 GC 5.9 Non-conforming Work PART 6 CHANGES IN THE WORK GENERAL CONDITIONS GC 11 GC 6.1 Changes PART 1 GENERAL PROVISIONS GC 12.2 GC 6.2 Change Order GC 1 GC 1.1 Contract Documents New GC 6.3 Change Directive A-7 GC 1.2 Law of the Contract GC 28 GC 6.4 Concealed or Unknown A-5 GC 1.3 Rights and Remedies Conditions GC 8 GC 1.4 Assignment GC 4 GC 6.5 Delays PART 2 ADMINISTRATION OF THE PART 7 DEFAULT NOTICE CONTRACT GC 5 GC 7.1 Owner's Right to Perform GC 3 GC 2.1 Authority of the Consultant the Work, Stop the Work, GC 2.1 & 3 GC 2.2 Role of the Consultant or Terminate the Contract GC 32 GC 2.3 Review and Inspection of the GC 6 GC 7.2 Contractor's Right to Stop the Work Wort;or Terminate the Contract GC 33 GC 2.4 Defective Work PART 8 DISPUTE RESOLUTION PART 3 EXECUTION OF THE GC 7.1-3 GC 8.1 Authority of the Consultant WORK New GC 8.2 Negotiation, Mediation, and GC 25.1 GC 3.1 Control of the Work Arbitration GC 9 GC 3.2 Construction by Owner or GC 7.4 GC 8.3 Retention of Rights Other Contractors PART 9 PROTECTION OF PERSONS GC 25.3-.4 GC 3.3 Temporary Supports, AND PROPERTY Structures, and Facilities GC 21 GC 9.1 Protection of Work and Property GC 25.5 GC 3.4 Document Review GC 22 GC 9.2 Damages and Mutual GC 25.6 GC 3.5 Construction Schedule GC 25.2 GC 3.6 Construction Safety Responsibility New GC 9.3 Tonic and Hazardous GC 26 GC 3.7 Supervisor GC 10 GC 3.8 Subcontractors and Suppliers Substances and Materials GC 27 GC 3.9 Labour and Products PART 10 GOVERNING GC 1.8 GC 3.10 Documents at the Site REGULATIONS GC 34 GC 3.11 Shop Drawings GC 15 GC 10.1 Taxes and Duties GC 29 GC 3.12 Use of the Work GC 16 GC 10.2 Laws, Notices, Permits, GC 31 GC 3.13 Cutting and Remedial Work and Fees GC 30 GC 3.14 Cleanup GC 17 GC 10.3 Patent Fees PART 4 ALLOWANCES GC 18 GC 10.4 Workers' Compensation GC 35 GC 4.1 Cash Allowances PART 11 INSURANCE-BONDS GC 36 GC 4.2 Contingency Allowance GC 20 GC 11.1 Insurance PART 5 PAYMENT GC 23 GC 11.2 Bonds s New GC 5.1 Financing Information PART 12 INDEMNIFICATION- Required of the Owner WAIVER-WARRANTY GC 13 GC 5.2 Applications for Progress GC 19 GC 12.1 Indemnification Payment GC 14.12-.15 GC 12.2 Waiver of Claims GC 14.1-.2 GC 5.3 Progress Payment GC 24 GC 12.3 Warranty Standard Const*uctioa Document-CCDC 2- 1994 AGREEMENT BETWEEN OWNER AND CONTRACTOR For use when a stipulated price is the basis of payment This Agreement made on the Twenty-second day of �Pptemher Nineteen Hundred and Ninety-Seven - ---------------------------------------- m e year --- - - - --- --- ------- -- ---------——— ---- -- ------------------------ by and between The Corporation of the Municipality of Clarin ton hereinafter called the "Owner„ and "Kraco" Carpentry Services Ltd. - ------- - ---- hereinafter called the "Contractor" The Owner and the Contractor agree as follows: ARTICLE A-1 THE WORK The Contractor shall: 1.1 perform the Work required by the Contract Documents for Renovations to the Fire and _ Court Building --------- -'— — insert above the title of the Work- located at 132 Church Street, Bowmanville, Ontario insert above the Place of the 11'orlc which have been signed by the parties, and for which Greer Galloway Architects & Engineers -------------- --- insert above the name of the Consultant is acting as and is hereinafter called the "Consultant" and 1.2 do and fulfill everything indicated by this Agreement, and 1.3 commence the Work by the _ day of in the year i and subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial Performance c f the Work, by the day of in the year 1 CCDC 2- 1994 File 00502 ARTICLE A-2 AGREEMENTS AND AMENDMENTS 2.1 The Contract supersedes all prior negotiations,representations,or agreements,either written or oral,relating in any manner to the Work,including the bidding documents that are not expressly listed in Article A-3 of the Agreement-CONTRACT DOCUMEN'T'S. 2.2 The Contract may be amended only as provided in the Contract Documents. ARTICLE A-3 CONTRACT DOCUMENTS 3.1 The following are the Contract Documents referred to in Article A-1 of the Agreement- THE WORK: • Agreement Between Owner and Contractor • Definitions • The General Conditions of the Stipulated Price Contract * Supplementary Conditions of Tender CL97-21 r t * (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. Supplementary Conditions;Specifications,giving a list of contents with section numbers and titles,number of pages, and date; Drawings, giving drawing number, title, date, revision date or mark,Addenda, giving title, number, date) CCDC 2- 1994 File 00502 2 ARTICLE A-4 CONTRACT PRICE 4.1 The Contract Prue, which excludes Value Added Taxes, is: Thirty-five Thousand, Five Hundred and Ninety-Seven __ dollars and zero cents. S -_35,-597.00---._---. — 4.2 Value Added Taxes(of 7 %) payable by the Owner to the Contractor are: Two Thousand Five Hundred and Sixty One -- dollars and Zero cents. S __2,561 ,-QO_-_-_-_-- 4.3 Total amount payable by the Owner to the Contractor for the construction of the Work is: Thirty-nine Thousand, One Hundred and Fifty Eight dollar-, and Zero cents. S 39-.158_-OD--------- 4.4 All amounts are in Canadian funds. 4.5 These amounts shall be subject to adjustments as provided in the Contract Documents. t r 3 CCDC 2- 1994,File 00502 ARTICLE A-5 PAYMENT 5.1 Subject to the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of___ ten____ __ percent ( 10 %), the Owner shall in Canadian funds: 1 make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the Consultant together with such Value Added Taxes as may be applicable to such payment. and .2 upon Substantial Performance of the Work,pay to the Contractor the unpaid balance of the holdback amount when due together with such Value Added Taxes as may be applicable to such payment, and .3 upon the issuance of the final certificate for payment,pay to the Contractor the unpaid balance of the Contract Price when due together with such Value Added Taxes as may be applicable to such payment. 5.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 11.1 - INSURANCE. 5.3 Interest 1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by arbitration or court, interest at Prime _ percent (_ 2 9c) per annum above the bank rate on such unpaid amounts shall also become due and payable until payment. Such interest shall be compounded on a monthly basis. The bank rate shall be the rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the chartered banks. .2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.3.1 of this Article on the amount of any claim settled pursuant to Part 8 of the General Conditions - DISPUTF' RESOLUTION from the date the amount would have been due and payable under the Contract, had it Pot been in dispute. until the date it is paid. c CCDC 2- 1994 File 00502 4 ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES 6.1 Notices in writing between the parties or between them and the-'Consultant shall be considered to have been received by the addressee on the date of delivery if delivered to the individual, or to a member of the firm, or to an officer of the corporation for whom they are intended by hand or by registered post: or if sent by regular post,to have been delivered within 5 Working Days of the date of mailing when addressed as follows: The Owner at 40 Temperance Street Bowmanvi l le Ontari n J-1C 'anti street and number and postal box number if applicable post office or district,province,postal code The Contractor at Box 14, Bowmanvi l le, Ontario UC 3K8 street and number and postal box number if applicable post office or district,province,postal rode The Consultant at 973 Crawford Drive, Peterborough, Ontario K9J 3X1 street and number and postal box number if applicable post office or district,province,postal code ARTICLE A-7 LANGUAGE OF THE CONTRACT 7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any apparent discrepancy between the English and French versions, the EnglishfFrench* language shall prevail. Complete this statement by striking out inapplicable term. 7.2 This Agreement is drawn in English at the request of the parties hereto. La presente convention est r8digee en anglais A la demande des parties. ARTICLE A-8 SUCCESSION 8.1 The Contract Documents are to be read into and form part of this Agreement and the whole shall constitute the Contract between the parties, and subject to the law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, sucr--essors, and assigns. 5 CCDC 2- 1994 File 00502 In witness whereof the parties hereto have executed this Agreement and by the hands of their duly authorized representatives. SIGNED AND DELIVERED in the presence of: OWNER CORPORATION OF IHF MUNICIPALITY OF WRINGTON ' name of owner signature WITNESS Dia _ amre, Mayor name and Fi a of pens signing Sig nature signature Patti L Barrie, Clerk _ name and title of person signing name and title of person signing CONTRACTOR 1 name of contractor ��Z signat WITNESS name 7d,_P11e of person signing signature signature name and title of person signing name and title of person signing N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for. (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s)authorized to sign the Agreement for and on behalf of the corporation or partnership; or (b) the affixing of a corporate seal, this Agreement should be properly sealed. CCDC 2- 1994 File 00502 6 Standard Consi ucfion Document-CCOC 2- 1994 DEFINITIONS The following Definitions shall apply to all Contract Documents. 1. Contract The Contract is the undertaking by the parties to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. 2. Contract Documents s listed in Article A-3 of the Agreement - CONTRACT The Contract Documents consist of those document DOCUMENTS and amendments agreed upon between the parties. 3. Owner The Owner is the person or entity identified as such in the Agreement. The term Owner means the Owner or the Owner's authorized agent or representative as designated to the Contractor in writing, but does not include the Consultant. 4. Contractor The Contractor is the person or entity identified as such in the Agreement. The term Contractor means the Contractor or the Contractor's authorized representative as designated to the Owner in writing. 5. Subcontractor a direct contract with the Contractor to perform a part or parts A Subcontractor is a person or entity having of the Work, or to supply Products worked to a special design,for the Work. 6. Supplier A Supplier is a person or entity having a direct contract with the Contractor to supply Products not worked to a special design for the Work. 7. Consultant The Consultant is the person or entity identified as such in the Agreement. The Consultant is the Architect, the Engineer, or entity licensed to practice in the province or territory of the Place of the Work. The term Consultant means the Consultant or the Consultant's authorized representative. 8. Project The Project means the total construction contemplated of which the Work may be the whole or apart. 9. Work The Work means the total construction and related services required by the Contract Documents. 10. Place of the Work The Place of the Work is the designated site or location of the Work identified in Article A-I of the Agreement - THE WORK, 11. Product Product or Products means material, machinery, equipment, and fixtures forming the Work, but does not include machinery and equipment used to prepare, fabricate,convey,or erect the Work, which are referred to as construction machinery and equipment. r 12. Provide Provide means to supply and install. 7 CCDC 2- 1994 File 00602 13. Contract Price The Contract Price is the amount stipulated in Article A-4 of the Agreement - CONTRACT PRICE. 14. Contract Time The Contract Time is the time stipulated in paragraph 1.3 of Article A-1 of the Agreement-THE WORK from commencement of the Work to Substantial Performance of the Work. 15. Working Day Working Day means a day other than a Saturday,Sunday,or a holiday which is observed by the construction industry in the area of the Place of the Work. 16. • Supplemental Instruction A Supplemental Instruction is an instruction,not involving adjustment in the Contract Price or Contract Time, in the form of specifications,drawings,schedules,samples,models or written instructions,consistent with the intent of the Contract Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the Work. 17. Change Order A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the Contractor stating their agreement upon: - a change in the Work; - the method of adjustment or the amount of the adjustment in the Contract Price, if any; and - the extent of the adjustment in the Contract Time, if any. 18. Change Directive A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing a change in the Work within the general scope of the Contract Documents. 19. Substantial Performance of the Work Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Consultant. 20. Value Added Taxes Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales Tax and any similar tax, the payment or collection of which_.is by the legislation imposing such tax an obligation of the Contractor. t CCDC 2 - 1994 File 00602 8 Standard Construction Document-CCDC 2- 1994 GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT PART I GENERAL PROVISIONS GC 1.1 CONTRACT DOCUMENTS 1.1.1 The intent of the Contract Documents is to include the labour, Products, and services necessary for the performance of the Work by the Contractor in accordance with these documents. It is not intended, however,that the Contractor shall supply products or perform work not consistent with, not covered by,or not properly inferable from the Contract Documents. 1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between: .l the Owner and a Subcontractor,a Supplier,or their agent,employee,or other person performing any of the Work. .2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any of the Work. 1.1.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. 1.1.-1 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.1.5 References in the Contract Documents to the singular shall be considered to include the plural as the context requires. 1.1.6 The specifications are that portion of the Contract Documents, wherever located and whenever issued. consisting of the Nvritten requirements and standards for Products, systems, workmanship, and the services necessary for the performance of the Work. 1.i.7 The drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work. generally including plans, elevations, sections, details, schedules, and diagrams. 1.1.5 Neither the organization of the specifications into divisions, sections, and parts nor the arrangement of drawings shall control the Contractor in dividing the work among Subcontractors and Suppliers or in establishing the extent of the work to be performed by a trade. 1.1.9 If there is a conflict within Contract Documents: 1 the order of priority of documents, from highest to lowest, shall be • the Agreement between the Owner and the Contractor, • the Definitions, • Supplementary Conditions, t • the General Conditions. c • Division 1 of the specifications, • Divisions 2 through 16 of the specifications, • material and finishing schedules, • drawings. 9 CCDC 2- 1994 File 00712 .2 drawings of larger scale shall govern over those of smaller scale of the same date. .3 dimensions shown on drawings shall govern over dimensions scaled from drawings. .4 later dated documents shall govern over earlier documents of the same type- 1.1.10 The Owner shall provide the Contractor, without charge, sufficient copies of the Contract Documents to perform the Work. 1.1.1 l Specifications, drawings, models,and copies thereof furnished by the Consultant are and shall remain the Consultant's property,with the exception of the signed Contract sets, which shall belong to each party to the Contract. All specifications,drawings,and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other work. These specifications,drawings,and models are not to be copied or altered in any manner without the written authorization of the Consultant. 1.1.12 Models furnished by the Contractor at the Owner's expense are the property of the Owner. GC 1.2 LAW OF THE CONTRACT 1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract. GC 1.3 RIGHTS AND REMEDIES 1.3.1 Except as expressly provided in the Contract Documents,the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 1.3.2 No action or failure to act by the Owner, Consultant,or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. GC 1.4 ASSIGNMENT 1.4-1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. PART 2 ADMINISTRATION OF THE CONTRACT GC 2.1 AUTHORITY OF THE CONSULTANT 2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written agreement as provided in paragraph 2.1-2. 2.1.2 The duties, responsibilities, and limitations of authority of the Consultant as set forth in the Contract Documents shall be modified or extended only with the written consent of the Owner,the Contractor, and the Consultant. i 2.1.3 If the Consultant's employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against whom the Contractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former Consultant. CCDC 2- 1994 File 00712 10 GC 2.2 ROLE OF THE CONSULTANT 2.2.1 The Consultant will provide administration for payment, subjecttto GCn2.lc!AUTHORITY OF construction until issuance of the final P Y THE CONSULTANT and with the Owner's concurrence, from time to time until the completion of any correction of defects as provided in paragraph 12.3.3 of GC 12.3 - WARRANTY. The Consultant will visit the Place es of the uaW y of thetwork andptopdetermineefpthe Work is proceed ng in become familiar with the prof q general conformity with the Contract Documents. 2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work,one or more project representatives to assist in carrying out the Consultant's responsibilities. The duties,responsibilities, and limitations of authority of such project representatives shall be as set forth in writing to the Contractor. 2.2.4 Based on the Consultant's observations and evaluation of yr under the Contract ws fos ea e ent. the s Consultant will determine the amounts owing to the Contra for payment as provided in Article A-5 of the Agreement-PAYMENT,GC 5.3-PROGRESS PAYMENT, and CC 5.7 - FINAL PAYMENT. 2.2.5 The Consultant will not u responsible, equences,00r procedurest,orvfor control, afety precautions and programs required in means, methods,techniques, q connection with the Work in accordance with the applicable construction safety legislation,ocher regulations, or general construction practice. The Consultant will not be responsible for the Contractor's failure to carry control over, out the Work in accordance with the Contract Documents. The Consultant will not have ontractors,Suppliers,or their charge of.or be responsible for the acts or omissions of the Contractor,Subc agents. employees, or any other persons pet.orming portions of the Work. 2.2.6 The Consultant will be, in the first instance, interpreter of the requirements both parties toothe Contract,tk except with and shall make findings as to the NFO respect to GC 51 - FINANCING INFORMATION REQUIRED OF THE OWNER. Interpretations and f the Contract Documents- findings of the Consultant shall be consistent with the intent o When making such interpretations and findings the Consultant will not show partiality to either the Owner or the Conrractor. relating k or the 2.2.7 Claims.disputes.and other matters t for GC 5 1 FINANCING INFORMATIONoREQUIRED OF interpretation performance of the of the Contract Documents, p OWNTER.shall be referred initially to the Consultant by notice in writing given to the Consultant and tot e i and finding which will be given by notice in writing to the other party for the Consultant's interpretation parties within a reasonable time. 2.2.S The Consultant will have authority to reject work which in the Consultant's opinion does not or advisable, ble, the requirements of the Contract Documents. Whenever the Consultant considers it necessary the Consultant will have authority to require inspection or testing of work, whether or not such work is fabricated,installed.or completed. However,neither the authority of the Consultant to act nor any decision of the either to exercise or not to exercise torsh Suppliers. or their agents, employees. or other ype sons Consulrant to the Contractor, S performing any of the Work. 2.2.9 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable promptness or in accordance wit'i, a schedule for such instructions agreed to by the Consultant and the Contractor. such appropriate n the Cotton u Doctunentonnactor's submittals as shop drawings, 2.2.10 The Consultant will review and take Product data, and samples, as pro I1 CCDC 2- 1994 Fik 00712 2.2.1 1 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE. 2.2.12 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work as provided in GC 5.4 - SUBSTANTIAL PERFORMANCE OF THE WORK. 2.2.13 All certificates issued by the Consultant shall be to the best of the Consultant's knowledge, information,and belief. By issuing any certificate, the Consultant does not guarantee the Work is correct or complete. 2.2.14 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the Contractor and will forward such warranties and documents to the Owner for the Owner's acceptance. GC'2.3 REVIEW AND INSPECTION OF THE WORK 2.3.1 The Owner and the Consultant shall have access to the Work at all times_ The Contractor shall provide sufficient, safe, and proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies. If parts of the Work are in preparation at locations other than the Place of the Work,the Owner and the Consultant shall be given access to such work whenever it is in progress. 2.3.2 If work is designated for tests, inspections,or approvals in the Contract Documents,or by the Consultant's instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notice of when the work will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notice of the date and time of inspections by other authorities_ 2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work. 2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections,or approvals before such special tests,inspections,or approvals are made,given or completed, the Contractor shall,if so directed,uncover such work,have the inspections or tests satisfactorily completed, and make good covering work at the Contractor's expense. 2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents, the Contractor shall correct the Nvork and pay the cost of examination and correction. If the work is in accordance with the requirements of the Contract Documents, the Ott tier shall pay the cost of examination and restoration. GC 2.4 DEFECTIVE WORK 2.4.1 The Contractor shall promptly remove from the Place of the Work and replace or re-execute defective work that has been rejected by the Consultant as failing to conform to the Contract Documents whether or not the defective work has been incorporated in the Work and whether or not the defect is the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor. 2.4.2 The Contractor shall make good promptly other contractors' work destroyed or damaged by such removals or replacements at the Contractor's expense. 2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract CCDC 2- 1994 File 00712 12 Documents. If the Owner and the Contractor do not agree on the difference in value, they shall refer the matter to the Consultant for a determination. PART 3 EXECUTION OF THE WORK GC 3.1 CONTROL OF THE WORK 3.1,1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. 3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co-ordinating the various parts of the Work under the Contract. GC 3.2 CONSTRUCTION BY OWNER OR OTHER CONTRACTORS 3,2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to other contractors and to perform work with own forces. 3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Owner shall: 1 provide for the co-ordination of the activities and work of other contractors and Owner's own forces with the Work of the Contract: .2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the Place of the Work, .3 enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of the Contract-, 4 ensure that insurance coverage is provided to the same requirements as are calved for in GC 11.i - INSURANCE and co-ordinate such insurance with the insurance coverage of the Contractor as it affects the Work. and .5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from- the work of other contractors or the Owner's own forces. 3.23 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner's own forces, the Contractor shall: 1 afford the Owner and other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; .2 co-ordinate and schedule the Work with the work of other contractors and Otis rer's own forces and connect as specified or shown in the Contract Documents; wner in reviewing their construction schedules when directed 3 participate with other contractors and the O ' to do so; and .4 where part of the Work is affected by or depends upon for its proper execution the work of other contractors or Owner's own forces,promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any apparent deficiencies in such work. Failure by the Contractor to so 13 CCDC 2- 1994 File 00712 report shall invalidate any claims against the Owner by reason of the deficiencies in the work of other contractors or Owner's own forces except those deficiencies not then reasonably discoverable. 3.2.4 Where a change in the Work is required as a result of the co-ordination and connection of the work of other contractors or Owner's own forces with the Work,the changes shall be authorized and valued as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER,and GC 6.3 - CHANGE DIRECTIVE. 3.2.5 Claims,disputes,and other matters in question between the Contractor and other contractors shall be dealt with as provided in Part 8 of the General Conditions - DISPUTE RESOLUTION provided the other contractors have reciprocal obligations. The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owner contains a similar agreement to arbitrate. GC 3.3 TEMPORARY SUPPORTS,STRUCTURES, AND FACILITIES 3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary supports, structures, and facilities and the design and execution of construction methods required in their use. 3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases where such temporary supports, structures, and facilities and their method of constnrction are of such a nature that professional engineering skill is required to produce safe and satisfactory results. 3.3.3 Notwithstanding the provisions of GC 3.1 - CONTROL OF THE WORK, paragraph 3.3.1, and paragraph 3.3.2 or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary supports, structures, and facilities or specify a method of construction in whole or in part, such facilities and methods shall be considered to be part of the design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner as for the execution of the Work. GC 3.4 DOCUMENT REVIEW 3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency,or omission the Contractor may discover. Such review by the Contractor shall be to the best of the Contractor's knowledge,information, and belief and in making such review the Contractor does not assume any responsibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents, which the Contractor did not discover. If the Contractor does discover any error, inconsistency, or omission in the Contract Documents, the Contractor shall not proceed with the work affected until the Contractor has received corrected or missing information from the Consultant. GC 3.5 CONSTRUCTION SCHEDULE 3.5.1 The Contractor shall: 1 prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter-relationship to demonstrate the Work will be performed in conformity with the Contract Time, CCDC 2- 1994 File 00712 14 .2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as stipulated by the Contract Documents; and .3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided in Part 6 of the General Conditions - CHANGES IN THE WORK. GC 3.6 CONSTRUCTION SAFETY 3.6.1 Subject to paragraph 3.2.2.2 of Gres -CONSTRUCTION for RUCTION B safety OWNER R the OR OTHER of the Work and for the Contractor shall be solely Po applicable construction health and compliance with the rules, regulations, and practices required by the app safety legislation and shall be responsible for initiating,maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. GC 3.7 SUPERVISOR 3.7.1 The Contractor shalt employ a competent supervisor ormed. The supervisor shall not be beachanged except for at the Place of the Work while work is being, perform valid reason. 3.7.2 The supervisor shall represent the Contractor at the Place of the Work and notices and instructions given to the supervisor by the Consultant shall be held to have been received by the Contractor. GIC 3.8 SUBCONTRACTORS AND SUPPLIERS 3.8.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract, and shall: .1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as provided in the Contract Documents; .2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Subcontractors and Suppliers; and .3 be as fully responsible to the Owner for acts and omissions of Subcontractors,Suppliers,and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 3,8,2 The Contractor shall indicate in writing, at the request of the Owner, those Subcontractors aor Suppliers whose bids have been received by the Contractor which the Contractor would be prepared performance of a portion of the Work. Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies. the 3.8.3 The Owner may,for reasonable cause,Suat pplier er time and before require e the Contractor to employ ones of,the tother use of a proposed Subcontractor or pp subcontract bidders. i 3.8.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time shall be adjusted by the differences occasioned by such required change. 3.8.5 The Contractor shall not be required to employ as a Subcontractor or Supplier,a person or firm to whom the Contractor may reasonably object. is CCDC 2- 1994 File 00712 3.8.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the Subcontractor's or Supplier's work which has been certified for payment. GC 3.9 LABOUR AND PRODUCTS 3.9.1 The Contractor shall provide and pay for labour, Products, tools, construction machines and equipment, water,heat, light, power, transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract. 3.9.2 Products provided shall be new. Products which are not specified shall be of a quality consistent with those specified and their use acceptable to the Consultant. 3.9.3 The Contractor shall maintain good order and discipline among the Contractor's employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned. GC 3.10 DOCUMENTS AT THE SITE 3.10.1 The Contractor shall keep one copy of current Contract Documents, submittals, report_&. and records of meetings at the Place of the Work, in good order and available to the Owner and the Corsultant. GC 3.11 SHOP DRAWINGS 3.1 1.1 Shop drawings are drawings,diagrams,illustrations,schedules,performance charts.brochLzs.Product,and other data which the Contractor provides to illustrate details of a portion of the Work. 3.11.2 The Contractor shall provide shop drawings as described in the Contract Documents or as the Consultant may reasonably request. 3.11.3 The Contractor shall review all shop drawings prior to submission to the Consultant. The Contractor represents by this review that: the Contractor has determined and verified all field measurements and field construction conditions,or will do so; Product requirements;catalogue numbers: and shn-1.117 data and that the Contractor has checked and co-ordinated each shop drawing with the requirements of dte Work and of the Contract Documents. The Contractor shall confirm this review of each shop drawin_ by stamp, date, and signature of the person responsible. At the time of submission the Contractor shall notify the Consultant in writing of any deviations in the shop drawings from the requirement of the Contract Documents. 3.11.4 The Contractor shall submit shop drawings to the Consultant to review in orderly sequenot and sufficiently in advance so as to cause no delay in the Work or in the work of other contractors. Up,� request of the Contractor or the Consultant, they jointly shall prepare a schedule of the dates for submsion and return of shop drawings. Shop drawings which require approval of any legally constituted authority having jurisdiction shall be submitted to such authority by the Contractor for approval. 3.11.5 The Contractor shall submit shop drawings in the form specified or as the Consultanr may direct. The Consultant will review and return shop drawings in accordance with the schedule agreed uron,or otherwise with reasonable promptness so as to cause no delay. The Consultant's review is for oonformity to the design concept and for general arrangement only. The Consultant's review shall not relieve the Contractor of responsibility for errors or omissions in the shop drawings or for meeting all requiremer:s of the Contract Documents unless the Consultant expressly notes the acceptance of a deviation on the shop drawings. 3.11.6 Upon the Consultant's r°quest,the Contractor shall revise and resubmit shop drawings which the Consultant rejects as inconsistent with the Contract Documents unless otherwise directed by the Consultant. The CCDC 2- 1994 File 00712 16 Contractor shall notify the Consultant in writing of any revisions to the resubmission other Than those requested by the Consultant. GC 3.12 USE OF THE WORK 3.12.1 The Contractor shall confine construction machinery and equipment, storage of Products, and operations of employees to limits indicated by laws, ordinances, permits, or the Contract Documents and shall not unreasonably encumber the Work %with Products. 3.12.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger the safety of the Work. GC 3.13 CL-T'TING AND REMEDIAL WORK 3.13.1 The Contractor shall do the cutting and remedial work required to make the several parts of the Work come together properly. 3.13.2 The Contractor shad co-ordinate the Work to ensure that this requirement is kept to a minimum- 3.13.2 responsible for ill- 3.13.3 Should the Owner, the Consultant, other contractors or any employed tthcost of su he cutting or remedial timed work necessitating cutting or remedial work to be performed, work shall be valued as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. 3.13.4 Cutting and remedial work shall be perfot;r_ed by specialists familiar wi*,h the Products affected and shall be performed in a manner to neither damage nor endanger the Work. GC 3.14 CLEANUP 3.14.1 The Contractor shall maintain the Work in atid coed ,ttio r ° f waste free from the accumulation contractors or their employees. products and debris, other than :hat caused by t 3.14.2 Tl e Contractor shall remove waste products and debris, other than t lean and suitable for occupancy by Owner,other contractors or their employees.and shall leave the Work c the Owner before attainment of SubstaandlePerformanot required for kthe performanaetof the remaining of the products, tools.construction machmer}. 9 P Nv ork. hall remove products,prior to application for the final certificate for payment, Contractor 3.14.3 nd debris, other that e ltinfro the construction machinery and equipment. and wasp \wrk of the Owner, other contractors or their employees. PART 4 ALLOWANCES GC 4.1 CASH ALLOWANCES 4.1.1 The Contract Price includes cash allowances stated in the Contract Documents,which allowances shall be expended as the Owner directs through the Consultant. 4.1.2 Cash allowances cover the net cost to the Contractor of servicesd oP�oe uauthorized expen se equipment, incurred in equipment, freight, unloading, handling, storage, installation, an 17 CCDC 2- 1994 File 00712 performing the work stipulated under the cash allowances but do not include any Value Added Taxes payable by the Owner to the Contractor. 4.1.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. 4.1.4 Where costs under a oath allowance exceed the amount of the allowance, the Contractor shall be compensated for any excess incurred and substantiated plus an amount for overhead and profit as set out in the Contract Documents. 4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the actual cost and each cash allowance. 4.1.6 The value of the work performed under a cash allowance is eligible to be included in progress payments. 4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the Consultant and Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work. GC 4.2 CONTINGENCY ALLOWANCE 4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents. 4.2.2 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. 4.2.3 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under paragraph 4.2.2 and the contingency allowance. PART 5 PAYMENT GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER 5.1.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement, and/or promptly from time to time thereafter,furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 5.1.2 The Owner shall notify the Contractor in writing of any material change in the Owner's financial arrangements during the performance of the Contract. GC 5.2 APPLICATIONS FOR PROGRESS PAYMENT 5.2.1 Applications for payment on account as provided in Article A-5 of the Agreement - PAYMENT may be made monthly as the Work progresses. 5.2.2 Applications for payment shall be dated the last day of the agreed monthly payment period and the amount ` claimed shall be for the value,proportionate to the amount of the Contract,of work performed and Products delivered to the Place of the Work at that date. 5.2.3 The Contractor shall submit to the Consultant, at least 14 days before the first application for payment, a schedule of values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications for payment. CCDC 2- 1994 T=ile 00712 18 5.2.4 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may reasonably direct and when accepted by the Consultant,shall be used as the basis for applications for payment, unless it is found to be in error. 5.2.5 The Contractor shall include a statement based on the schedule of values with each application for pad ment. 5.2.5 Claims for Products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products. GC 5.3 PROGRESS PAYMENT 5.3.1 The Consultant will issue to the Owner.no later than 10 days after the receipt of an application for payment from the Contractor submitted in accordance with GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT, a certificate for payment in the amount applied for or in such other amount as the Consultant determines to be property due. If the Consultant amends the application,the Consultant will promptly notify the Contractor in writing giving reasons for the amendment. 5.3.2 The Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement- PAYMENT no later than 5 days after the date of a certificate for payment issued by the Consultant. GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK 5.4.1 V�Then the Contractor considers that the Work is substantially performed. or if permitted by the lien legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately is substantially performed, the Contractor shall prepare and submit to the Consultant a comprehensive list of items to be completed or corrected and apply for a review by the Consulrant to establish Substantial Performance of the Work or substantial performance of the designated portion of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract. 5.4.2 No later than 10 days after the receipt of the Contractor's list and application,the Consultant will review the Work to verify the validity of the application, and no later than 7 days after completing the review.will notify the Contractor whether the Work or the designated portion of the Work is substantially performed. 5.4.3 The Consultant shall state the date of Substantial Performance of the Work or designated portion of the Work in a certificate. 5.4.4 Immediately following the issuance of the certificate of Substantial Performance of the Work. the Contractor, in consultation with the Consultant, will establish a reasonable date for finishing the Work. GC 5.5 PAYMENT OF HOLDBACK UPOIN SUBSTANTIAL PERFORMANCE OF THE WORK 5.5.1 After the issuance of the certificate of Substantial Performance of the Work, the Contractor shall: .1 submit an application for payment of the holdback amount, 6 .2 submit a sworn statement that all accounts for labour, subcontracts, Products,construction machinery and equipment, and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full,except for amounts properly retained as a holdback or as an identified amount in dispute. 19 CCDC 2- 1994 File 00712 5.5.2 After the receipt of an application for payment from the Contractor and the sworn statement as provided in paragraph 5.5.1, the Consultant will issue a certificate for payment of the holdback amount. 5.5.3 Where the holdback amount has not been placed in a separate holdback account, the Owner shall, 10 days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the Contractor. 5.5.4 The holdback amount authorized by the certificate for payment of the holdback amount is due and payable on the day following the expiration of the holdback period stipulated in the lien legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in accordance with other legislation, industry practice, or provisions which may be agreed to between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the Work,other third party monetary claims against the Contractor which are enforceable against the Owner. GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK 5.6.1 Where legislation permits and where, upon application by the Contractor, the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the Contractor the holdback amount retained for such subcontract work,or the Products supplied by such Supplier, on the day following the expiration of the holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. 5.6.2 Notwithstanding the provisions of the preceding paragraph, and notwithstanding the wording of such certificates, the Contractor shall ensure that such subcontract work or Products is protected pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not performed regardless of whether or not such was apparent when such certificates were issued. GC 5.7 FINAL PAYMENT 5.7.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment. 5.7.2 The Consultant will, no later than 10 days after the receipt of an application from the Contractor for final payment,review the Work to verify the validity of the application. The Consultant will.no later than 7 days after reviewing the Work. notify the Contractor that the application is valid or give reasons why-it is not valid. 5.7.3 When the Consultant finds the Contractor's application for final payment valid, the Consultant will issue a final certificate for payment. 5.7.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 - WORKERS' COMPENSATION, and any lien legislation applicable to the Place of the Work, the Owner shall, no later than 5 days after the issuance of a final certificate for payment, pay the Contractor as provided in Article A-5 of the Agreement - PAYMENT. GC 5.8 WITHHOLDING OF PAYMENT 5.8.1 If because of climatic or other conditions reasonably beyond the control of the Contractor,there are items of work that cannot be performed,payment in full for that portion of the Work which has been performed as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold, until the remaining portion of the Work is finished, only such an amount that the Consultant determines is sufficient and reasonable to cover the cost of performing such remaining work. CCDC 2- 1994 file 00712 20 GC 5.9 NON-CONFORMING WORK 5.9.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract Documents. PART 6 CHANGES IN THE WORK GC 6.1 CHANGES 6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make changes in the Work consisting of additions, deletions, or other revisions to the Work by Change Order or Change Directive. 6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive. GC 6.2 CHANGE ORDER 6.2.1 When a change in the Work is proposed or required, the Consultant shall provide a notice describing the proposed change in the Work to the Contractor. The Contractor shall present, in a form acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract Time, if any, for the proposed change in the Work. 6.2.2 When the Owner and the Contractor agree to the adjustments in t'te Contract Price and Contract Time or to the method to be used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order, signed by Owner and Contractor. The value of the work performed as the result of a Change Order shall be included in applications for progress payment. GC 6.3 CHANGE DIRECTIVE 63.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing upon the adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work. The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis of the cost of expenditures and savings to perform the work attributable to the change. If a change in the Work results in a net increase in the Contract Price, an allowance for overhead and profit shall be included. 6.3.3 If a change in the Work results in a net decrease in the Contract Price.the amount of the credit shall be the net cost,without deduction for overhead or profit. When both additions and deletions covering related work or substitutions are involved in a change in the Work, the allowance for overhead and profit shall be calculated on the basis of the net increase, if any. with respect to that change in the Work. 6.3.4 'Be Contractor shall keep and present, in such form as the Consultant may require,an itemized accounting Hof the cost of expenditures and savings referred to in paragraph 6.3.2 together with supporting data. The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of all of the following: 1 wages and benefits paid for labour in the direct employ of the Contractor under applicable collective bargaining agreements,or under a salary or wage schedule agreed upon by t1he Owner and Contractor, 21 CCDC 2- 1994 Fite 00712 .2 salaries, wages,and benefits of the Contractor's office personnel engaged in a technical capacity and other personnel at shops or on the road, engaged in expediting the production or transportation of materials or equipment, .3 contributions, assessments, or taxes incurred for such items as unemployment insurance, provincial health insurance,workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries,or other remuneration paid to employees of the Contractor and included in the cost of the work as provided in paragraphs 6.3.4.1 and 6.3.4.2; .4 travel and subsistence expenses of the Contractor's personnel described in paragraphs 6.3.4.1 and 6.3.4.2; .5 the cost of all Products including cost of transportation thereof; .6 the cost of materials,supplies,equipment, temporary services and facilities, and hand tools not owned by the workers, including transportation and maintenance thereof, which are consumed; and cost less salvage value on such items used but not consumed, which remain the property of the Contractor, .7 rental cost of all tools, machinery, and equipment, exclusive of hand tools, whether rented from or provided by the Contractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery cost thereof; .8 deposits lost; .9 the amounts of all subcontracts; .10 the cost of quality assurance such as independent inspection and testing services; .11 charges levied by authorities having jurisdiction at the Place of the WorL-, .12 royalties, patent license fees, and damages for infringement of patents and cost of defending suits therefor subject always to the Contractor's obligations to indemnify the Ox�ner as provided in paragraph 10.3.1 of GC 10.3 - PATENT FEES; .13 any adjustment in premiums for all bonds and insurance which the Contractor is required, by the Contract Documents, to purchase and maintain; .14 any adjustment in taxes and duties for which the Contractor is liable; .15 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash items incurred; .16 the cost of removal and disposal of waste products and debris; .17 cost incurred due to emergencies affecting the safety of persons or property; 6.3.5 Pending determination of the final amount of a Change Directive, the undisputed value of the work performed as the result of a Change Directive is eligible to be included in progress payments. 6.3.6 If the Owner and Contractor do not agree on the proposed adjustment in the Contract Trme or the m7thod of determining it, the adjustment shall be referred to the Consultant for determination. 6.3.7 If at any time after the start of the work directed by a Change Directive, the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time; this agreement shall be recorded in a Change Order signed by Owner and Contractor. CCIK 2- 1994 File 00712 22 GC 6.4 CONCEALED OR UNKNOWN CONDITIONS 6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are'. 1 subsurface or otherwise concealed physical conditions the ich Contract existed before Documents; o mmencement of the Work which differ materially from those indicated ' .2 physical conditions of a nature which differ materially of the character se O prroavided for n the Contract and generally recognized as inherent in construction activities Documents; shall notify other party in writing before conditions are disturbed and in no then the observing party Y event later than 5 Working Days after first obsery ance of the conditions. is that the 6.4.2 The Consultant will promptly investigate such conniincnrease o decrease in the Contractor's cost or time conditions differ materially and this would cause a royal, shall issue appropriate instructions for a to perform the Work,the Consultant,with the Owner's app change in the Work as provided in GC 6.2 - CHANGE ORDER or GC 6.3 - CHANGE DIRECTIVE- change If the Consultant finds that the conditions at the T elase �he Consul amaterially t shall lreport the reasons t for change in the Contract Price or the Contract justified, this finding to the Owner and the Contractor in writing. GC 6.5 DELAYS rformance of the work by an action or omission of the Owner, 6.5.1 If the Contractor is delayed in the pe to the provisions of the Consultant,or anyone employed or engaged by them directly or indirectly,contrary o Contract Documents,then the Contract Time Contractor. The Contractor shall be reimbursed by the Owner be extended for such reasonable time as the consultant may recommend in consultation with the for reasonable costs incurred by the Contractor as the result of such delay. 6.5.2 If the Contractor is delayed in the performance of the nork.bs ed slop work issued bt or fault oot other public authority and providing that such order Contractor or any person employed or engaged by the Contractor directly or indirectly,then the Contract Time shall be extended for such reasonable time sed b Consultant t ner for reasonable costs incurred by the Contractor. The Contractor shall be reimburse y Contractor as the result of such delay. 6.5.3 If the Contractor is delayed in the performance the�Wo�bolnr�contractors,sites,strikes,associat onuo`hich the lock-outs decreed or recommended for its members Y common Contractor is a member or to which the Contractor is otherwise bound), oin unusuaal cause by the carriers or unavoidable casualties, or without limit to any of the foregoing. by Contractor's control,then the Contract Time shall be extended en ion such of time shall be lessh than.the time may recommend in consultation with the Contractor. nractor agrees to a shorter lost as the result of the event causing the delay,osts incurred bytsuch delays unles such delays result from Contractor shall not be entitled to payment fo actions by the Owner. 6.5.4 No extension shall be made for delay unless notice in writing of claim is given to the Consultant not later than 10 Working Days after the commencement of delay,providing however,that in the case of a continuing cause of delay only one notice of claim shall be necessary. 6.5.5 If no schedule is made under paragraph 2.2.9 of GC 2.2- ROLE OF THE CONSULTANT,no claim,for delay shall be allowed because of failure of the Consultant and ot to furnish n rose claim is trea�n reasonable. Days after demand for such instructions has been made 23 CCDC 2- 1994 File 00712 PART 7 DEFAULT NOTICE GC 7.1 OWNER'S RIGHT TO PERFORM THE WORK, STOP THE WORK, OR TERMINATE THE CONTRACT 7.1.1 If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency,or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. 7.1.2 If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. 7.1.3 If the default cannot be corrected in the 5 Working Days specified, the Contractor shall be in compliance with the Owner's instructions if the Contractor. .1 commences the correction of the default within the specified time, and .2 provides the Owner with an acceptable schedule for such correction, and .3 corrects the default in accordance with such schedule. 7.1.4 If the Contractor fails to correct the default in the time specified or subsequently agreed upon, without prejudice to any other right or remedy the Owner may have, the Owner may_ .1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor provided the Consultant has certified such cost to the Oti.-ner and the Contractor, or .2 terminate the Contractor's right to continue with the Work in whole or in part or terminate the Contract. 7.1.5 If the Owner terminates the Contractor's right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner shall be entitled to: .1 take possession of the Work and Products; utilize the construction machinery and equipment; subject to the rights of third parties, finish the Work by whatever method the Owner may consider expedient, but without undue delay or expense; and .2 withhold further payment to the Contractor until a final certificate for payment is issued. and .3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including compensation to the Consultant for the Consultant's additional services and a reasonable allowance as determined by the Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 - WARRANTY,exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference; and .4, on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor's work under GC 12.3 - WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Contractor the difference. CCDC 2- 1994 File 00712 24 e 7.1.6 The Contractor's obligation under the Contract as to quality, correction, and warranty of the work performed by the Contractor up to the time of termination shall continue in force after such termination. GC 7.2 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE THE CONTRACT 7.2.1 If the Owner should be adjudged bankrupt, or makes a ge need because ofttherOwnbenefit s solvency,tthe al because of the Owner's insolvency, or if a receiver is appo ivin the Contractor may, without prejudice to any other right or remedy the ConrTacrOr may have, by g g Owner or receiver or trustee in bankruptcy notice in writing, terminate the Contract. 7.2.2 If the Work should be stopped or otherwise delayed for a period of 3D days or snore under an order of a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone directly or indirectly employed or engaged by the Contractor,the Contractor b_ 2 may, without prejudice to any other right or remedy the Contractor may have, i�inQ the Owner notice in writing, terminate the Contract. 7.2.3 The Contractor may notify the Owner in writing,with a copy to the Consultant,that the Owner is in default of the Owner's contractual obligations if- 1 the Owner fails to furnish, when so requested wnerts Contractor,goon under the Cor r evidence that financial arrangements have been made to fulfill 2 the Consultant fails to issue a certificate as provided in GC 5.3 PROGRESS PAYMENT,or .3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by arbitration or court, or exce .4 the Owner violates the requirements of the ContracrUIRED OF tTHEeOZ�'�ER�hcenfirmstby,writt n for GC 5.1 - FINANCING INFORMATION REQ statement to the Contractor that sufficient cause exists. 7,2.4 The Contractor's notice in writing to the Owner provided under paragraph 7.23 shall advise e Contractor default is not corrected within 5 Working Days following the receipt of the notice in a rein, may, without prejudice to any other right or remedy the Contractor may ha ve. stop the Work or terminate the Contract. 7.2.5 If the Contractor terminates the Contract inc udinatreason cond;tions set fob los esus sustained Corractor shall be entitled to be paid for all work performe construction machinery and equipment, and such other damages as the Contractor may have sustained as a result of the termination of the Contract. PART 8 DISPUTE RESOLUTION GC 8.1 AUTHORITY OF THE CONSULTANT ct as to the 8.1.1 Differences between the parties to the Contra between the parties s called for.herein administration ollecvely of alled Contract or any failure to a�reef whey agreement disputes, which are not resolved in the first settledeln by findings accordance with of Part 8 of the ROLE OF THE CONSULTANT, shall General C,)nditions - DISPUTE RESOLUTION. 8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has lnog 2tho ityy u g er of ing, the procedures set out in paragraph 8.1.3 and parag p the Contract to make a find 25 CCDC 2- 1994 File 00712 GC 8.2 - NEGOTIATION, MEDIATION, AND ARBITRATION, and in GC 8.3 - RETENTION OF RIGHTS apply to that dispute with the necessary changes to detail as may be required. 8.1.3 If a dispute is not resolved promptly, the Consultant shall give such instructions as in the Consultant's opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents, the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including costs resulting from interruption of the Work. GC 8.2 NEGOTIATION, MEDIATION,AND ARBITRATION 8.2.1 In accordance with the latest edition of the Rules for Mediation of CCDC 2 Construction Disputes, the parties shall appoint a Project Mediator .1 within 30 days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 30 day period, within 15 days after either party by notice in writing requests that the Project Mediator be appointed. 8.2.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 - ROLE OF THE CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a notice in writing of dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant provisions of the Contract Documents. The responding party shall send a notice in writing of reply to the dispute within 10 Working Days after receipt of the notice of dispute setting out particulars of this response and any relevant provisions of the Contract Documents. 8.2.3 The parties shall make ail reasonable efforts to resolve their dispute by amicable negotiations and agree to provide,without prejudice,frank,candid and timely disclosure of relevant facts,information,and documents to facilitate these negotiations. 8.2.4 After a period of 10 Working Days following receipt of a responding party's notice in writing of reply under paragraph 8.2.2,the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated negotiations shall be conducted in accordance with the latest edition of the Rules for Mediation of CCDC 2 Construction Disputes. 8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 or within such further period agreed by the parties,the Project Mediator shall terminate the mediated negotiations by giving notice in writing to both parties. 8.2.6 By giving a notice in writing to the other party,not later than 10 Working Days after the date of termination of the mediated negotiations under paragraph 8.2.5,either party may refer the dispute to be finally resolved by arbitration under the latest edition of the Rules for Arbitration of CCDC 2 Construction Disputes. The arbitration shall be conducted in the jurisdiction of the Place of the Work. 8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and,if a notice is not given under paragraph 8.2.6 within the required time,the parties may refer the unresolved dispute to the courts or to any other form of dispute resolution,including arbitration, which they have agreed to use. CCDC 2- 1994 He 00712 26 8.2.8 If neither party requires by notice in writing given within 10 Working Days of the date of notice requesting arbitration in paragraph 8.2.6 that a dispute be arbitrated immediately,all disputes referred to arbitration as provided in paragraph 8.2.6 shall be .l held in abeyance until (1) Substantial Performance of the Work, (2) the Contract has been terminated, or (3) the Contractor has abandoned the Work, whichever is earlier, and .2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6. GC 8.3 RETENTION OF RIGHTS 8.3.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the party has given the notices required under Part 8 of the General Conditions - DISPUTE RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3. 8.3.2 Nothing in Part 8 of the General Conditions -DISPUTE RESOLUTION shall be construed in any way to limit a party from asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have under paragraph 8.2.6 to proceed by way of arbitration to adjudicate the merits of the claim upon which such a lien is based. PART 9 PROTECTION OF PERSONS AND PROPERTY GC 9.1 PROTECTION OF WORK AND PROPERTY 9.1.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the Work from damage which may arise as the result of the Contractor's operations under the Contract, and shall be responsible for such damage, except damage which occurs as the result of: .I errors in the Contract Documents; .2 acts or omissions by the Owner, the Consultant, oiher contractors, their agents and employees. 9.1.2 Should the Contractor in the performance of the Contract damage the Work, the Owner's property, or property adjacent to the Place of the Work, the Contractor shall be responsible for the making good such damage at the Contractor's expense. 9.1.3 Should damage occur to the Work or Owner's property for which the Contractor is not responsible, as provided in paragraph 9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner's property. The Contract Price and Contract Time shall be adjusted as provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. s GC 9.2 DAMAGES AND MUTUAL RESPONSIBILITY 9.2.1 If either party to the Contract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone for whom the other party is responsible in law, then that party shall be reimbursed by the other party for such damage. The reimbursing party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if it be that of a third party. 27 CCDC 2- 1994 File 00712 9.2.2 Claims for damage under paragraph 9.2.1 shall be made in writing to the party liable within reasonable time after the first observance of such damage and if undisputed shall be confirmed by Change Order. Disputed claims shall be resolved as set out in Part 8 of the General. Conditions- DISPUTE RESOLUTION. 9.2.3 If the Contractor has caused damage to the work of another contractor on the Project,the Contractor agrees upon due notice to settle with the other contractor by negotiation or arbitration. If the other contractor makes a claim against the Owner on account of damage alleged to have been so sustained,the Owner shall notify the Contractor and may require the Contractor to defend the action at the Contractor's expense. The Contractor shall satisfy a final order or judgment against the Owner and pay the costs incurred by the Owner arising from such action. 9.2.4 If the Contractor becomes liable to pay or satisfy a final order,judgment,or award against the Owner,then the Contractor, upon undertaking to indemnify the Owner against any and all liability for costs, shall have the right to appeal in the name of the Owner such final order or judgment to any and all courts of competent jurisdiction. GC 9.3 TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS 9.3.1 For the purposes of applicable environmental legislation, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions. 9.3.2 Prior to the Contractor commencing the Work, the Owner shall I take all reasonable steps to determine whether any toxic or hazardous substances or materials are present at the Place of the Work, and .2 provide the Consultant and the Contractor with a written list of any such substances and materials. 9.3.3 The Owner shall take all reasonable steps to ensure that no person suffers injury,sickness,or death and that no property is injured or destroyed as a result of exposure to, or the presence of. toxic or hazardous substances or materials which were at the Place of the Work prior to the Contractor commencing the Work. 9.3.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance with legal requirements, to dispose of, store or otherwise render harmless toxic or hazardous substances or materials which were present at the Place of the Work prior to the Contractor commencing the Work. 9.3.E If the Contractor .1 encounters toxic or hazardous substances or materials at the Place of the Work, or .2 has reasonable -rounds to believe that toxic or hazardous substances or materials are present at the Place of the Work, which were not disclosed by the Owner, as required under paragraph 9.3.2, or which were disclosed but have not been dealt with as required under paragraph 9.3.4, the Contractor shall .3 take all reasonable steps, including stopping the Work,to ensure that no person suffers injury,sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of the substances or materials, and .4 immediately report the circumstances to the Consultant and the Owner in writing. CCDC 2 - 1994 File 00712 28 93.6 If the Contractor is delayed in PerfOrm�orttract work extended) costs as a reasonable tirkr�egassteps he required under paragraph 9.3.5.3, the Consultant may recommend in consultation with the Contractor and the Contractor shall be reimbursed for reasonable costs incurred as a result of the delay and as a result of taking those steps. 9.3.7 Notwithstanding paragraphs 2.2.6 and 2.2.7 of GC 2.2-ROLE OF THE CONSULTANT,or paragraph 8.1.1 of GC 8.1 - AUTHORITY OF THE CONSULTANT,der paragraph t9 3 6oand, in that case,the ea pen shall be deemed of an independent expert in a dispute under to have been jointly retained by the Owner and the Contractor and shall be jointh paid by them. 9.3.8 T'he Owner shall indemnify and hold harmless ts� damagesractions, suits, their oult of or from and against claims, demands, losses,cos toxic resulting from exposure to,or thepresence co,mmencoi g 11te hazardous WorkUbThis obligation shall no which t be construed Place of the Work prior to the Contractor to negate, abridge, or reduce other rights or obligations of it party described in this paragraph. INDEMNIFICATION or which otherwise exist respecting a person or party the provisions CES 9.3.9 GC 9.3-TOXIC AND HAZARDOUS BSpND REMEDIES A or GC 29 MATERIALS S DAMAGES ArND MUTUAL of paragraph 1.3.1 of GC 1.3 RIGHTS RESPONSIBILITY. PART 10 GOVERNING REGULATIONS GC 10.1 TAXES AND DUTIES 10.1.i The Contract Price shall include taxes Owner customs to duties in effect stipulated f in the le A 4 of he for Value Added Taxes payable y Agreement- CONTRACT PRICE. 10.1.2 Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordin2l�. GC 10.2 LAWS, NOTICES, PERMITS, AND FEES 10.2.1 The laws of the Place of the Work shall govern the Work. 10.2.2 The Owner shall obtain and pay for the building permit,permanent easements,and rights of servitude. The Contractor shall be responsible for permits, licenses, or certificates necessary for the performance of the Work which were in force at the date of bid closing. 10.2.3 The Contractor shall give e i required for e d during the performance of the Work ordinances. rules, regulations, or h relate to the Work, o codes which are or become in fort g the preservation of the public health, and to construction safety. 10.2.4 The Contractor shall not be responsible for ationso verifying odestrelatingtto the Wo Documents If the Contract Documents the applicable laws,ordinances,rules,regulations, are at variance therewith,or if, subsequent to which e of bid closing,modification the are act Documents, applicable he laws, ordinances, rules, regulations, or Contractor shall notify the Consultant in writing requesting directs°nuiredetora the vConotract Documents as change becoming known. The Consultant will make the changes req provided in GC 6.1 - CHANGES, GC 6.2 - CHANGE ORDER, and GC 6.3 - CHANGE DIRECTIVE. 29 CCDC 2- 1994 File 00712 10.2.5 If the Contractor fails to notify the Consultant in writing and fails to obtain direction as required in paragraph 10.2.4; and performs work knowing it to be contrary to any laws,ordinances,rules,regulations, or codes; the Contractor shall be responsible for and shall correct the violations thereof; and shall bear the costs, expenses, and damages attributable to the failure to comply with the provisions of such laws, ordinances, rules, regulations,or codes. GC 10.3 PATENT FEES 10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor shall hold the Owner harmless from and against claims,demands, losses, costs,damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone for whose acts the Contractor may be liable. 10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract,the model,plan,or design of which was supplied to the Contractor as part of the Contract Documents. GC 10.4 WORKERS' COMPENSATION 10.4.1 Prior to commencing the Work,Substantial Performance of the Work,and the issuance of the final certificate for payment, the Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Work, including payments due thereunder. 10.4.2 At any time during the term of the Contract, when requested by the Owner,the Contractor shall provide such evidence of compliance by the Contractor and Subcontractors. PART 11 INSURANCE— BONDS GC 11.1 INSURANCE 11.1.1 Without restricting the generality of GC 12.1 - INDEMNIFICATION, the Contractor shall provide, maintain, and pay for the insurance coverages specified in GC 11.1 - INSURANCE- Unless otherwise stipulated,the duration of each insurance policy shall be from the date of commencement of the Work until the date of the final certificate for payment. Prior to commencement of the %'ork and upon the placement, renewal,amendment,or extension of all or any part of the insurance,the Contractor shall promptly provide the Owner with confirmation of coverage and, if required,a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements. 1 General Liability Insurance: General liability insurance shall be in the joint names of the Contractor,the Owner.and the Consultant, with limits of not less than $2,000,000 per occurrence and with a property damage deductible not exceeding $2,500. The insurance coverage shall not be less than the insurance required by IBC Form 2100, or its equivalent replacement, provided that IBC Form 21001shall contain the latest edition of the relevant CCDC endorsement form. To achieve the desired limit, umbrella.or excess liability insurance may be used. All liability coverage shall be maintained for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Permrmance of the Work,on an ongoing basis for a period of 6 years'following Substantial Performance of the'Work. Where the Contractor maintains a single,blanket policy,the addition of the Owner and the Consultant is limited CCDC 2- 1994 File 00712 30 to liability arising out of the Project and all operations necessary or incidental thereto. The policy shall be endorsed to provide the Owner with not less than 30 days notice in writing in advance of any cancellation, and of change or amendment restricting coverage. .2 Automobile Liability Insurance: Automobile liability insurance in respect of licensed vehicles shall have rtlimits°ering all licensed vehicles inclusive per occurrence for bodily injury,death,and damage to property, owned or leased by the Contractor,and endorsed to provide the Owner with not less than 15 days notice in writing in advance of any cancellation,change or amendment restricting coverage. Where the policy has been issued pursuant to a government-opera insurance automobile coverage for all system, shall automobiles registtered provide the Owner with confirmation of automobile the name of the Contractor. .3 Aircraft and Watercraft Liability Insurance: if Aircraft and watercraft liability insurance f respect to owned r non-owned includong use of additional prem sesteshalitbe used directly or indirectly in the performance subject to limits of not less than$2,000,000 inclusive per occurrence for bodily injury,death,and damage to property including loss of use thereof and limits of not less than $2,000,000 ohai cr endorsed passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policiesto provide the Owner with not less than 15 days notice in writing in advance of cancellation, change, or amendment restricting coverage. .4 Property and Boiler and Machinery Insurance: (1) "All risks" property insurance shall be in the join: names of the Contractor, the Owner, and the Consultant,insuring not less than the sum of the amount of the Contract Price and the full value,as stated in the Supplementary Conditions,of Products that are specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding $2,500• The insurance coverage shall not be less than the insurance required by IBC Form 4042 or its equivalent replacement, provided that IBC Form 4042 shall contain the latest edition of the relevant CCDC endorsement form. The coverage shall be maintained continuously until 10 days after the date of the final certificate for payment. (2) Boiler and machinery insurance shall be in the joint names of the Contractor, the Owner, and the Consultant for not less than the replacement value of the boilers, pressure vessels, and other insurable objects forming part of the Work. The insurance provided shall not be less than the insurance provided by the"Comprehensive Boiler and Machinery Form"and shall be maintained continuously from commencement of use or operation of the property until 10 days after the date of the final certificate for payment. (3) The policies shall allow for partial or total use or occupancy of the Work. If because of such use or occupancy the Contractor is unable to provide coverage,the Contractor shall notify the Owner in writing. prior to such use or occupancy the Owner shall provide,maintain,and pay for property and boiler insurance insuring the full value of the fork,as in sub-paragraphs(1) and including coverage or occupancy and shall refund o the Ow er the unearned premiums proof f o of such insurance. applicable to the Contractor's policies upon termination of coverage. (4) The policies shall provide that, in the case of a loss or damage,payment rr`tall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of tine loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to 31 CCDC 2- 1994 F+k 0)712 such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may recommend in consultation with the Contractor. (5) The Contractor shall be entitled to receive-fr9m the„Owner, in addition to the amount due under the Contract, the amount at which the Owner' interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and as provided in GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT and GC 5.3 - PROGRESS PAYMENT. In addition the Contractor shall be entitled to receive from the payments made by the insurer the amount of the Contractor's interest in the restoration of the Work. (6) In the case of loss or damage to the Work arising from the work of another contractor, or Owner's own forces,the Owner,in accordance with the Owner's obligations under paragraph 3.2.2.4 of GC 3.2-CONSTRUCTION BY OWNER OR OTHER CONTRACTORS,shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as provided in GC 5.2 - APPLICATIONS FOR PROGRESS PAYMEN-1' and GC 5.3 - PROGRESS PAYMENT. .5 Contractors' Equipment Insurance: "All risks"contractors' equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work,including boiler insurance on temporary boilers and pressure vessels,shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 15 days notice in vaiting in advance of cancellation,change,or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance, the Owner agrees to waive the equipment insurance requirement. 11.1.2 The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 9.1 -PROTECTION OF WORK AND PROPERTY and GC 9.2 - DAMAGES AND MUTUAL RESPONSIBILITY. 11.13 Where the full insurable value of the lVork is substantially less than the Contract Price, the Owner may reduce the amount of insurance required or waive the course of construction insurance requirement. 11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay the cost thereof to the Owner on demand or the Owner may deduct the amount which is due or may become due to the Contractor. 11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. GC 11.2 BONDS 11.2.1 The Contractor shall, prior to commencement of the Work or within the specified time, provide to the Owner any surety bonds required by the Contract. 11.2.2 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the province or territory of the Place of the Work and shall be maintained in good standing until the fulfilment of the Contract. The form of such bonds shall be in accordance with the latest edition of the CCDC approved bond forms. CCDC 2- 1994 File 00712 32 PART 12 INDEMNIFICATION — WAIVER— WARRANTY GC 12.1 INDEMNIFICATION 12.1.1 The Contractor shall indemnify and hold harmless the Owner and the Consultant, their agents and employees from and against claims, demands, losses, costs, damages, actions, suits, or proceedings ,,hereinafter called "claimsl, by third parties that arise out of, or are attributable to, the Contractor's performance of the Contract provided such claims are: to injury to or destruction of tangible .1 attributable to bodily injury, sickness, disease, or death, or property, and .2 caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable, and .3 made in writing within a period of 6 years from the date of Substantial Per of the Work as set out in the certificate of Substantial Performance of the Work,or within such shover period as may be prescribed by any limitation statute of the province or territory of the Place of the Work. The Owner expressly waives the right to indemnity for claims other than those stated above. 12.1.2 The obligation of the Contractor to indemnify hereunder shall be limited to 52,000,000 per occurrence from the commencement of the Work until Substantial Performance of the Work and thereafter to an aggregate limit of 52,000,000. 12.1.3 The Owner shall indemnify and hold harmless them es.aaction esuits ortproceed proceedings ansing out eof zhe and against claims, demands, losses, Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. 12.1.4 GC 12.1 - INDEMNIFICATION shall govern over the provisions of paragraph 1.3.1 of GC 13 - RIGHTS AND REMEDIES or GC 9.2 - DAMAGES AND M' L�t� RESPONSIBILITY. GC 12.2 WAIVER OF CLAIMS 12.2.1 Waiver of Claims by Owner As of the date of the final certificte for Pa`including the Owner limitation lwthose that might arise from Contractor the from all claims against the Contractor negligence or breach of contract by the Contractor except one or more of the following: 1 those made in writing prior to the date of the final certificate for payment and still unsettled: .2 those arising from the provisions of GC 12.1 - L`7EMNIFICATION or GC 12.3 - WARRA-�IT�C' .3 those arising from the provisions of paragraph eaans 3 from the Contractor bringing br ngin ntr�Oany SUBSTANCES AND MATERIALS and those toxic or hazardous substances and materials to the Place of the Work after the Contractor commences the Work. In the Common Law provinces GC 12.2.1.4 shall read as follows: 4 those made in writing within a period of 6 years from the date of Substantial Performance of the Work, as se[ out i the certificate of Substantial Performance of the Work, or within such shorter period as 33 CCDC 2- 1994 File 00712 may be prescribed by any limitation statute of the province or territory of the Place of the Work and those arising from any liability of the Contractor for damages resulting from the Contractor's performance of the Contract with respect to substantial defects or deficiencies in the Work for which the Contractor is proven responsible. As used herein"substantial defects or deficiencies"means those defects or deficiencies in the Work which affect the Work to such an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents. In the Province of Quebec GC 12.2.1A shall read as follows: .4 those arising under the provisions of Article 2118 of the Civil Code of Quebec. 12.2.2 Waiver of Claims by Contractor As of the date of the final certificate for payment,the Contractor expressly waives and releases the Owner from all claims against the Owner including without limitation those that might arise from the negligence or breach of contract by the Owner except: A . those made in writing prior to the Contractor's application for final payment and still unsettled: and .2 those arising from the provisions of GC 9.3 - TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS or GC 103 -PATENT FEES. 12.2.3 GC 12.2-WAIVER OF CLAIMS shall govern over the provisions of paragraph 1.3.1 of GC 1.3-RIGHTS AND REMEDIES or GC 92- DAMAGES AND MUrI'UAL RESPONSIBILITY. GC 12.3 WARRANTY 12.3.1 The warranty period with regard to the Contract is one year from the date of Substantial Performance of the Work or those periods specified in the Contract Documents for certain portions of the Work or Produ-ts. 12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract Documents permit such performance. 12.3.3 Except for the provisions of paragraph 12.3.6'and subject to paragraph 123.2,the Contractor shall correct promptly,at the Contractor's expense,defects or deficiencies in the Work which appear prior to and during the warranty periods specified in the Contract Documents. 12.3.4 The Owner,through the Consultant,shall promptly give the Contractor notice in writing of observed defects and deficiencies that occur during the warranty period. 12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.3. 12.3.6 The Contractor shall be responsible for obtaining Product warranties in excess of one year on behalf of the Owner from the manufacturer. These Product warranties shall be issued by the manufacturer to the benefit of the Owner. r CCIC 2- 1994 File 00712 34 Page 7 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS TO CCDC 2, 1994. SC.5 ARTICLE A-5 PAYMENT 5.1 Delete present text and substitute the following: 5.1 Payment equal to 90% of the value of the Work completed shall be made within 30 days following receipt by the Owner of the Consultant's Certificate for Payment. 5.3.1 Delete present text and substitute the following: Interest does not accrue until the expiry of the 30 day period noted above. Interest payable shall be one percentage point more than the Bank Prime rate at Contract date. PART 1 GENERAL CONDITIONS Sc.10 GC1 DOCUMENTS 1.1.9 Add after .4: .5 "and, in general, where discrepancies occur among various parts of the drawings or specifications, the Contractor shall provide the greatest amount of labour and/or materials referred to," 1.1.10 Delete present text and substitute the following: 1.1.10 The Owner shall provide the Contractor, without charge: Six (6) sets of the drawings and specifications upon which the Contract is based. Sets issued for permits and the Contractor's Contract signing set are included in this amount. Two (2) copies of detail drawings (drawings issued after the signing of the Contract). All other copies of drawings and specifications will be furnished to the Contractor at the cost of printing. PART 2 ADMINISTRATION OF THE CONTRACT SC.11 GC2.2 ROLE OF THE CONSULTANT 2.2.3 Add to the last sentence: "....and to the Owner". Page 8 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS (continued) SC.12 GC2.3 REVIEW AND INSPECTION OF THE WORK 2.3.2 Add in the 2nd line and in the 4th line after "the Consultant": "....and the Owner". 2.3.3 Add second sentence: "Such certificates and reports are to be reviewed by the Consultant and one copy is to be forwarded for the Owner's review and acceptance". SC.14 GC3.4 DOCUMENT REVIEW 3.4.1 Delete the words "and in making such review, the Contractor does not assume any responsibility to the Owner or Consultant for the accuracy of the review" - in the second sentence, and delete the third sentence which reads: "The Contractor shall not be liable for damages or costs resulting from such errors, inconsistencies or omissions in the Contract Documents which the Contractor did not discover." SC.16 GC3.13 CUTTING AND REMEDIAL WORK 3.13.1 Delete present text and substitute the following: The General Contractor shall be responsible for all cutting and remedial work that may be required to make the several parts of the work come together properly except as noted thereafter. Add fifth sentence: "Cutting and patching for electrical and mechanical work shall be done by the trade involved, under the supervision of the Contractor." Add six sentence: "The trade(s) responsible for ill-time work shall also be responsible for the cost of any resulting cutting or remedial work". SC.21 GC5.3 PROGRESS PAYMENT 5.3.2 Delete present text and substitute the following: Page 9 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS (continued) 5.3.3 The Owner shall within thirty (30) days of receipt of the Consultant's Certificate for Payment on the Owner's Combined Form, make payment to the Contractor on Account in accordance with the provisions of Article A-4 of the agreement. Add sentence: In the event of construction lien action affecting the project, the Contractor agrees to indemnify and compensate the Municipality of Clarington for any expenses incurred. The Municipality reserves the right to secure the possible cost of construction liens by retaining from the amount of the next payment certificate a sum equal to the amount of any lien claim plus the usual 25% increased amount for future possible claim expenses, plus the sum of$5,000.00 to compensate the Municipality for its legal and professional consultant expenses, as may be necessary to protect the Municipality's interest in having any liens removed from the Municipality's project. GC5.5 - delete in its entirety. SC.25 GC6.5 DELAYS 6.5.1 in the fourth line - after the words "with the Contractor" Add: "and as formally accepted by the Owner". 6.5.2 in the fifth line after the words "with the Contractor" Add: "and as formally accepted by the Owner". 6.5.3 in the sixth line after the words "with the Contractor" Add: "and as formally accepted by the Owner". 6.5.4 in the first line - after the words "to the Consultant" Add: "and the Owner" PART 7 DEFAULT NOTICE SC.26 GC7.2 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE THE CONTRACT 7.2.4 In the second line, delete " 5 working days " and replace with 10 working days" Page 10 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS (continued) 7.2.5 Delete the words "and such other damages as the Contractor may have sustained as the result of the termination of the Contract". Add a new paragraph as follows: 7.2.6. "The provisions of this GC7.2 shall not apply to the withholding of certificates and/or payments because of the Contractor's failure to pay all just claims promptly, or because of the registration of a lien against the place of the work". PART 8 DISPUTE RESOLUTION SC.27 GC8.2 NEGOTIATION, MEDIATION AND ARBITRATION Add the following articles 8.2.9 to 8.2.15 inclusive after article 8.2.8: 8.2.9 Within five days of receipt of the notice of arbitration by the responding party under paragraph 8.2.6, the Owner and the Contractor shall give the Consultant a written notice containing: a) a copy of the notice of arbitration b) a copy of paragraphs 8.2.9 to 8.2.15 of this Contract, and; C) any claims or issues which the Contractor or the Owner, as the case may be, wishes to raise in relation to the Consultant arising cut of the issues in dispute in the arbitration. 8.2.10 The Owner and the Contractor agree that the Consultant may elect, within ten days of receipt of the notice under paragraph 8.2.9 to become a full party to the arbitration under paragraph 8.2.6 if the Consultant: a) has a vested or contingent financial interest in the outcome of the arbitration; b) gives the notice of election to the Owner and the Contractor before the arbitrator is appointed; C) agrees to be a party to the arbitration within the meaning of the rules referred to in paragraph 8.2.6, and, d) agrees to be bound by the arbitral award made in the arbitration 8.2.11 If the Consultant is not given the written notice required under paragraph 8.2.9, both the Owner and the Contractor are stopped from pursuing an action, counterclaim or other proceeding or making an application against the Consultant arising out of the issues in dispute in the arbitration between the Owner and the Contractor under paragraph 8.2.6. Page 11 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS (continued) 8.2.12 If an election is made under paragraph 8.2.10, the Consultant may participate in the appointment of the arbitrator and, notwithstanding the rules referred to in paragraph 8.2.6, the time period for reaching agreement on the appointment of the arbitrator shall begin to run from the date the Owner receives a copy of the notice of arbitration. 8.2.13 The arbitrator in the arbitration in which the Consultant has elected under paragraph 8.2.10 to become a full party may: a) on application of the Owner or the Contractor, determine whether the Consultant has satisfied the requirements or paragraph 8.2.10, and; b) make any procedural order considered necessary to facilitate the addition of the Consultant as a party to the arbitration. 8.2.14 The provisions of paragraph 8.2.9 shall apply mutatis mutandis to written notice to be given by the Consultant to any sub-consultant; 8.2.15 In the event of notice of arbitration given by a Consultant to a sub-consultant, the sub-consultant is not entitled to any election with respect to the proceeding as outlined in 8.2.10, and is deemed to be bound by the arbitration proceeding. PART 10 GOVERNING REGULATIONS SC.29 GC10.2 LAWS, NOTICES, PERMITS AND FEES 10.2.2 Add: "The Owner shall apply and pay for the Building Permit.. The Contractor shall sign for and pick up the Building Permit at the Municipal Office". Note however, that the Contractor shall pay any construction damage deposits directly related to the formula of cost for the Building Permit. The Contractor shall be responsible for removing mud and other debris that accumulates on the public street during construction. If the Contractor does not comply with notification from the Municipality to clean the affected street within twenty-four (24) hours, then the Municipal Public Works Department shall have the right to clean the affected street at the sole expense of the Contractor. Page 12 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS (continued) "The "Building Permit Copy" of the drawings and specifications as approved by the Building Department and issued as part of the Building Permit shall be reviewed by the Consultant for any requirements which could affect the Contract Documents. It shall then be kept on the job and maintained in good condition from commencement to completion of the Work. On completion of the work, this Building Permit copy shall be delivered in good condition to the Consultant". PART 11 INSURANCE - BONDS SC.30 GC11.1 INSURANCE Delete present text and substitute the following: The Contractor shall protect himself and indemnify and save the Owner harmless from any and all claims which may arise from the Contractor's operations under the Contract where bodily injury, death or property damage is caused and for this purpose shall, without restricting and generality of the foregoing, maintain insurance acceptable to the Owner to the following minimum limit: $1,000,000.00 inclusive for bodily injury and property damage. A certificate shall be lodged with the Owner describing the operations insured and the exclusions applicable prior to the start of any work on the site. All receipts for premium payments shall be forwarded to the Consultant for inspection. In default of payment of any renewal premiums by the Contractor, the Owner shall be at liberty to pay such premiums and deduct the amounts from any monies due the defaulting Contractor. The Contractor shall furnish evidence of compliance with all requirements of the applicable Workers' Compensation Act including payments due thereunder. The Contractor shall maintain comprehensive general liability insurance covering premises and operations liability, elevators (if applicable), Contractor's contingency liability with respect to the operations of subcontractors, completed operations liability contractual liability, and automobile liability insurance (owned, non-owned, or hired units). All liability insurance policies shall be written in such terms as will fully protect the Contractor not withstanding his assumption of liability and his indemnity covenants under the Contract. h Page 13 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS (continued) Prior to the commencement of any work hereunder, the Contractor shall file with the Owner a copy of each insurance policy and certificate required. All such insurance shall be maintained until issuance of the Consultant's final certificate for payment under the Contract and payment by the Owner to the Contractor of the final payment under the Contractor including the making good of faulty work or materials; except that coverage of completed operations liability shall in any event be maintained for twelve (12) months from date to Total Performance as certified by the Consultant. FIRE INSURANCE The Owner shall maintain Fire Insurance acceptable to the Contractor,with standard Extended Coverage Endorsement, in the joint names of the Owner and Contractor for the full amount of the contract, payable to the Owner and Contractor as their respective interests may appear, and protecting each in such terms as will preclude subrogation claims by the Insurer against anyone insured thereunder. The insurance coverage shall provide for the standard Fire and Extended Coverage Peril Endorsement K and Malicious Damage Endorsement. The Contractor and Subcontractors shall be responsible for Fire Insurance on their own plant and equipment. In the event of a loss, the Contractor shall act on behalf of the Owner and himself for the purpose of adjusting the amount of such loss with the Insurer. On completion of such adjustment the Contractor shall repair the damage and complete the work, and shall be entitled to receive from the Owner (in addition to any sum due under the Contract) the amount at which the Owner's interest has been appraised in the adjustment, to be paid as the work of restoration proceeds in accordance with the Consultant's certificates. Damage shall not affect the rights and obligations of either party under the contract except as aforesaid, and except that the Contractor shall be entitled to such reasonable extension of time for completion of the work as the Consultant may decide. In the event that the Owner occupies the building or any part thereof prior to the date of issuance of the Consultant's final certificates for payment, as noted above, any increase in cost of insurance arising out of such occupancy shall be at the Owner's expense. Page 14 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS (continued) SC.31 GC11.2 BONDS 11.2.1 Delete present text and substitute the following: The Contractor shall arrange, pay for, execute and furnish to the Owner, through the Consultant, a clearly stated Performance Bond or security in the amount stated in Instructions to Bidders. In addition to the above requirements the Bond shall cover payment of all obligations incurred in the event of the Contractor's default, including the following: Payment of all legal, architectural, mechanical, electrical and structural engineering expenses incurred by the Owner in determining the extent of work executed and work still to be executed and any additional work required as a result of the interruption of the work. Payment of additional expenses to the Owner in the form of Watchmen's services, light, heat, power, etc., payable over the period between the default of the original contract and commencement of the new contract. PART 12 INDEMNIFICATION- WAIVER - WARRANTY SC.32 GC12.1 INDEMNIFICATION GC12.1.1 Delete paragraph 12.1.1 entirely and replace it with the following: The Contractor shall to the full extent permitted by law defend, indemnify and save harmless the Owner and the Consultant or their respective directors, officers, partners, employees and agents, from and against any and all claims, demands, losses, costs, damages, actions, suits or proceedings directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, or out of the condition of the Work, the job site, adjoining land, driveways, streets or alleys used in connection with the performance of the Work. The indemnification, provided for in this paragraph 12.1.1 shall specifically include, but shall not be limited to, all claims, demands, losses, costs, damages, actions, suits or proceedings directly or indirectly arising or alleged to arise as a result of or in connection with any scaffolding, structural work or safe place law or any law with respect to the protection of adjacent landowners, but shall not include any claims arising solely from negligence of the party asking to be defended, indemnified or saved harmless. Page 15 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS (continued) GC12.1.2 Delete the amount "$2,000,000."in the second and third lines and substitute: "$1,000,000." Add sentences: "The Contractor also expressly warrants and guarantees to the owner and the Consultant that the Work performed by the Contractor and by all workmen, suppliers and subcontractors of the Contractor shall conform to the requirements of the Contract Documents and shall be performed in a safe and careful manner." "The foregoing shall not deprive the Owner or Consultant of any other action, right or remedy otherwise available to them at common ;aw or otherwise." 12.1.4 Delete this article in its entirety. SC.33 GC12.2 WAIVER OF CLAIMS WAIVER OF CLAIMS BY OWNER Add: "The issuance of the Consultant's Final Certificate for Payment shall constitute a waiver of all claims by the Owner against the Contractor, except one or more of the following: a) Those previously made in writing and still unsettled b) Those arising from the provisions of GC12.1, Indemnification and GC12.3, Warranty C) Those arising from any liability of the Contractor for damages under any law of the Province of the Place of Work d) Subject to the time limitations of (c) above, those arising from the failure of the Work to comply with the requirements of the Contract Documents". SC.34 GC12.3 WARRANTY 12.3.2 Delete this paragraph in its entirely and replace it with the following: The Contractor before signing the Contract shall carefully examine the drawings and specifications to satisfy himself that there is no material or method of application or installation shown or specified to which he has any objection or reservations. The signing of the Contract shall signify his acceptance of materials and methods and that no liability shall subsequently be attached to the Owner or the Consultant to relieve the Contractor from this obligation. h Page 16 of 25 Tender CL97-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE "B" - SUPPLEMENTARY CONDITIONS (continued) 12.3.3 Add: second sentence: "Warranty period shall recommence on remedied work". PART 13 MISCELLANEOUS SC.35 GC13.1 NO CLAIMS FOR ANTICIPATED PROFIT Add: "If any change or deviation in, or omission from the Work is made by which the cost of Work to be done is decreased, or if the whole or any portion of the Work is dispensed with, or if the Contractor should stop work or terminate the Contract in accordance with the provisions of GC7.2 - CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE CONTRACT, no compensation shall be claimable by the Contractor or Subcontractor for any loss of anticipated profits in respect thereof'. SC.36 GC13.2 USE OF THE WORK BEFORE ACCEPTANCE Add: "The Owner, its agents, the Other Contractors shall have the right to enter upon, and the Owner shall have the right to take possession of the Work in whole or part for the purpose of placing fittings and equipment or for other use before the completion of the Contract, if, in the opinion of the Consultant, such entry and taking of possession does not prevent or interfere with the Contractor's work to complete the Work within the time specified. Such entry and taking of possession shall not be considered as acceptance of the Work nor in any way shall it relieve the Contractor of his responsibility to complete the Contract."