HomeMy WebLinkAbout2008-068
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-068
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Lafarge
Paving and Construction Ltd., Oshawa, Ontario, to enter into
agreement for the Asphalt Resurfacing Contract 1.
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, Lafarge Paving and Construction Ltd., Oshawa, Ontario, and
said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 2151 day of April, 2008.
By-law read a third time and finally passed this 2151 day of April, 2008.
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
ASPHALT RE-SURFACING, PHASE I
VARIOUS STREETS - 2008
CONTRACT NO. CL2008-11
MARCH 2008
~~
architec'ts
planners
TSH NO. 12-2%99
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: LAF ARGE PAVING AND CONSTRUCTION LIMITED
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
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DESCRIPTION OF TIlE WORK AND LIST OF DOCUMENTS
Asphalt Resurfacing, Phase I , Various Streets - 2008, Contract No. CL2008-11, Municipality of Clarington.
Addendum No. I dated March 25, 2008
A. TENDER FORM: General
Itemized Bid
Bonds
Schedule of Tender Data
B. STANDARD TERMS AND CONDITIONS
C. SCHEDULE 'c' - CONTRACTOR'S SAFETY
D. INSTRUCTIONS TO TENDERERS
E. SPECIAL PROVISIONS - GENERAL
F. SPECIAL PROVISIONS - TENDER ITEMS
G. DESIGN GUIDELINES
H. STANDARD DRAWINGS
I. PLANS: Map I
J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications and Municipality of Clarington
Specifications.
OPSSNo. Date ()1'88 No. r- Date OPss No. Date OPSS No. Date
127 Current 314 Nov. 2004 353 Nov. 2006 532 June 1991
128 Anr. 2006 330 Mav. 1994 355 Nov. 2006 570 Nov. 2007
180 Nov. 2005 334 Nov. 2007 408 Nov. 2007 571 Nov. 2007
206 Nov. 2000 341 Nov. 2004 42\ Nov. 2007 572 Nov. 2003
310 Nov. 2004 351 Nov. 2005 510 Nov. 2006 577 Nov. 2006
312 Anr. 2004 350 Mar. 1998
K. GEOTECHNICAL INVESTIGATION (Borehole Logs)
H. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006)
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 August 1,2008.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor
for all work done, the unit prices on the Tender.
This agreement shall ensure 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
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IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED and sealed by the Contractor: LAFARGE PAVING AND CONSTRUCQON -LIMITED.
in the presence of
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SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
in the presence of
P:\Dept 12\12-29699\Specs\CL2008-II-AGR.doc
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e, Clerk
36 6{oog-
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Page 3 of 3
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CONTRACT NO. CL2008-11
MUNICIPALITY OF CLARINGTON
ASPHALT RE-SURFACING, PHASE 1, VARIOUS STREETS - 2008
ADDENDUM NO.1
Contractors are hereby advised ofthe following modification to Contract No CL2008-11
ITEMIZED BID
Section '1' - Price Adjusbnent - Asphalt Cement
In the 'Total' column for Item No. 11 insert UO,OOO.OO
STANDARD TERMS AND CONDITIONS
Page I - include the following bullets:
. Clause 8 of the "Standmd Terms and Conditions" shall be superceded by Clause 7, "Payments" of
the "Speciol Provisions - General" section of the Contract.
. Clause 16 of the "Standard Terms and Conditions" is not applkable to this Contract.
All tenders must be submitted on the basis of this modification.
This Addendum shall remain attached to and fonn part of all tenders submitted.
TSH
Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 5G6
March 25, 2008
P:\Dept 12\12-29699\SpecsIADD l.doc
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P:lD<pt 12\12-2%99\5pec,\29699- TF(SignDocs).doc
TENDER FOR CONTRACT NO. CL2OO8-11
ASPHALT RE-SURFACING, PHASE I,
VARIOUS STREETS - 2008
CORPORA nON OF THE MUNICIPALITY OF CLARINGTON
TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A5G6
Telephone: 905-372-2121 Fax: 905-372-3621
Lafarge Paving and Construction Limited
Name
1255 Wilson Road North. Box 305
Oshawa. Ontario L1H 7L3
Address (include Postal Code)
Tel: 905-728-4661 Fax: 905-728-0820
Telephone and Fax Numbers
Yves Mal!eau
Name of Person Signing
Construction Manager
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario.
LlC 3A6
Page 1 of 11 pages
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TENDER CONTRACT NO. CL2008-11
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2008-11
Asphalt Re-Surfacing, Phase I, Various Streets - 2008
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 II pages
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ITEMIZED BID
CONTRACT NO. CL2008-11
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2008-11 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of Clarington Design Guidelines and Standard Drawings
SECTION 'A' - JANE AVENUE - Westmore Street to Glenview Road, Courtice
AI MaC,310 Hot Mix, H.L.-3, (40 mm) Including Tack t 220 80.50 17,710.00
SP Coat
A2 MaC,353 Concrete Curb and Gutter (All Types) m 10 90.50 905.00
SP
A3 408 Adjust Maintenance Holes, Catchbasins ea 15 261.20 3,918.00
SP and Water Valves
A4 510 Removal of Curb and Gutter m 10 22.90 229.00
SP
Total Section 'A' (carried to Summary) 22,762.00
SECTION 'B' - WESTMORE STREET - Fourtb Avenue to Courtice Road, Courtice
BI MOC, 310 Hot Mix, H.L.-3, (40 mm) Including Tack t 450 78.10 35,145.00
SP Coat
B2 Mac, 353 Concrete Curb and Gutter (All Types) m 20 90.50 1,810.00
SP
B3 408 Adjust Maintenance Holes, Catchbasins ea 25 261.20 6,530.00
SP and Water Valves
B4 510 Removal of Curb and Gutter m 20 22.90 458.00
SP
Total Section 'B' (carried to Summary) 43,943.00
SECTION 'C' - BASELINE ROAD WEST - Waverly Road to Bowmanville Creek, Bowmanville
CI MaC, 310 Hot Mix, H.L.-3, (40 mm) Including Tack t 1,200 72.50 87,000.00
SP Coat
C2 310,510 Partial Depth Asphalt Removal (40 mm m2 7,700 3.00 23,100.00
SP Depth)
C3 SP Full Depth Crack Repair with Small m 124 28.50 3,534.00
Grinder
C4 Mac, 353 Concrete Curb and Gutter (All Types) m 15 90.50 1,357.50
SP
C5 408 Adjust Maintenance Holes, Catchbasins ea II 261.20 2,873.20
SP and Water Valves
C6 510 Removal of Curb and Gutter m 15 22.90 343.50
SP
Page 3 of 11 pages
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ITEMIZED BID
CONTRACT NO. CL2008-11
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2008-11 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable
Refers to Special Provisions
Plan Quantity Paymeut Item
Municipality of Clarington Design Guidelines and Standard Drawings
C7 532 Provisional Item
SP, MOC Pavement Markings - Durable
a) 100 mm Width - Yellow m 825
b) 100 mm Width - White - Solid m 300
c) 100 mm Width - White - Dashed m 400
d) 600 mm Stop Bars m 27
e) Traffic Symbols ea 14
7.60 6,270.00
7.60 2,280.00
7.60 3,040.00
65.00 1,755.00
189.50 2,653.00
134,206.20
Total Section 'C' (carried to Summary)
SECTION 'D' - DIVISION STREET - Wellington Street to Lowe Street, Bowmanville
01 MOC, 310 Hot Mix, H.L.-3, (40 mm) Including Tack t 140 85.90 12,026.00
SP Coat
02 MOC,353 Concrete Curb and Gutter (All Types) m 6 90.50 543.00
SP
D3 408 Adjust Maintenance Holes, Catchbasins ea 9 261.20 2,350.80
SP and Water Valves
D4 510 Removal of Curb and Gutter m 6 22.90 137.40
SP
Total Section 'D' (carried to Summary) 15,057.20
SECTION 'E' - TEMPERANCE STREET - Wellington Street to Lowe Street, Bowmanville
LOWE STREET - Temperance Street to Division Street, Bowmanville
EI MOC, 310 Hot Mix, H.L.-3, (40 mm) Including Tack t 210 85.00 17,850.00
SP Coat
E2 MOC,353 Concrete Curb and Gutter (All Types) m 12 90.50 1,086.00
SP
E3 MOC, 353 Concrete Crossovers m2 40 128.10 5,124.00
SP
E4 408 Adjust Maintenance Holes, Catchbasins ea 18 261.20 4,701.60
SP and Water Valves
E5 510 Removal of Curb and Gutter m 12 22.90 274.80
SP
E6 532 Provisional Item
SP, MOC Pavement Markings - Durable
a) 100 mm Width - Yellow m 15 7.60 114.00
Page 4 of II pages
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ITEMIZED BID
CONTRACT NO. CL2008-11
In accordance with the first paragraph ofthis Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2008-11 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable
Refers to Special Provisions
Plan Quantity Payment Item
Mnnicipality of Clarington Design Guidelines and Standard Drawings
t' o' '~': ~, -,' ,:~~ ~ 'f" :~~ ""~' .jl'''~''-~~''''r.;;~=''~,,%''.'.''- .:'"-~ 'O, r q'o , ~_~~~.
' - f .~<~ ~_
" "t'--,~}1Jf't'~"'~' ~> ~ -~ '~'".';':",/;. J~
~~";),t:.,{ '1:," ;' ,,,' ',- . , , . - ~;1 e;s":,; ~~'
,l, , _~A;" ~'r~_~' '.,...', l' , 5, > , ., ,If .' , " '.,'~.i'''t~ ~
ij: ~ - ~ ~ - '~\ ~
FI2 510 Removal of Curb and Gutter m 300 22.90 6,870.00
SP
FI3 510 Removal of Concrete Sidewalk m2 200 18.70 3,740.00
SP
FI4 MOC, 570 Topsoil (Imported) 2 300 3.80 1,140.00
m
SP
FI5 MOC,571 Sodding (Nursery, Unstaked) m2 300 4.30 1,290.00
SP
FI6 SP Remove and Replace Catchbasin Frame ea 14 393.60 5,510.40
and Grates (OPSD 400.010)
Total Section 'F' (carried to Summary) 138,090.40
SECTION 'G': GRAHAM CRESCENT - Orchard Heights Drive to West End Cnl-de-sac,
OATLEY COURT - Orchard Heights Drive to West End Cul-de-sac,
ORCHARD HEIGHTS DRIVE - Arthur Street to Andrew Street,
NEWCASTLE
GI MOC,310 Hot Mix, H.L.-3, (40 mm) Including Tack t 450 98.00 44,100.00
SP Coat and Padding as Required
G2 MOC,310 Provisional Item t 75 177.00 13,275.00
SP Hot Mix, H.L.-8, (50 mm) Base Course
Repair as Required
G3 310,510 Provisional Item m 350 25.00 8,750.00
SP Full Depth Crack Repair with Small
Grinder
G4 MOC, 310 Hot Mix, H.L.-3 - Driveways (50 mm) t 110 147.40 16,214.00
SP
G5 MOC,314 Provisional Item t 100 33.10 3,310.00
SP Granular 'A' Shouldering as Required
G6 MOC,314 Provisional Item t 100 48.70 4,870.00
SP Granular 'A' Base Repair as Required
G7 MOC, 314 Provisional Item m2 600 18.20 10,920.00
SP Full Depth Base and Subbase
Replacement, 150 mm Granular 'A' and
300 mm Granular 'B', Type I, Inc!.
Excavation and Disposal of Surplus
Material
G8 310,510 Partial Depth Asphalt Removal (40 mm) m2 4,300 2.90 12,470.00
SP
Page 6 of II pages
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ITEMIZED BID
CONTRACT NO. CL2008-11
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2008-11 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of Clarington Design Guidelines and Standard Drawings
~-.-~. ~ 'f'~'-!f,*-"=~'--_F ,cd . ,. ':' qw;,' '., '0i"''''('~'' ';i"'!'l"e..I~.IIT'""'lt~.~.~","....~1$'-ijl'i.
':'';','' ,:. .r, J,.~, .~, t>.,." , ~*-~~~. 7.<"'.~1'" '~"'- ,,,,'\,'~gfJt~~
~t;7,~rC"' i' <"'1~~';, "--~.t . '~'",4""jJC'~ '-1 ~~""Q'a 9{lJ~~'~ - .~ "~~'(!]1.'('. -~ ;:* M !:$i;"'~
i~':. p. r q~' -; ,'- '0,-'- . " , :.:~"r'-'ll_,,,,.~. '5i '" ,.. :r'~ ~~"f L< ,,,~t<;;', ':~,~;;i~:~'/ r,
, 1 r",_ < i':'" 'E:"...2~I.il.1;i)i~ ,j .., l' ;.r'~W 't.~',r \. ;' ;i;&~.t c' ,
'>< " , ~ . .~..., ,~" . _ r. ~ ,. .. ~"'~.'" t _ ,~<j_ < .. ,
G9 MOC, 353 Concrete Curb and Gutter (All Types) m 25 90.50 2,262.50
SP
GIO MOC, 408 Adjusting Maintenance Holes, ea 10 261.20 2,612.00
SP Catchbasins and Water Valves
GII 510 Removal of Curb and Gutter m 25 22.90 572.50
SP
GI2 MOC, 570 Topsoil (Imported) m2 1,600 3.80 6,080.00
SP
G13 MOC,571 Sodding (Nursery, Unstaked) 2 1,600 4.30 6,880.00
m
SP
GI4 MOC, 421 Provisional Item m 100 162.40 16,240.00
SP Remove and Replace 450 mm Dia. CSP,
2.0 mm Gauge, Culverts
GI5 206 Ditching:
SP a) Gradall hrs 20 176.80 3,536.00
b) Triaxle Dump Truck hrs 40 75.80 3,032.00
Total Section 'G' (carried to Summary) 155,124.00
SECTION 'H' - MILL STREET SOUTH - Metcalf Street to Boulton Street, Newcastle
HI MOC, 206 Excavation LS 30,000.00
SP
H2 MOC,310 Hot Mix H.L.-3, (40 mm) Surface Course, t 550 73.70 40,535.00
SP Including Tack Coat
H3 MOC,310 Provisional Item t 20 133.00 2,660.00
SP a) Hot Mix H.L.-3 - Driveways,
(40 mm)
H4 MOC,31O Hot Mix H.L.-8, (50 mm) Base Course t 700 68.70 48,090.00
SP
H5 330 In-Place Full Depth Reclamation of 2 4,700 1.70 7,990.00
m
SP Bituminous Pavement and Underlying
Granular
H6 MOC, 314 Granular 'A' Base (50 to 150 mm Depth) t 600 20.20 12,120.00
SP
H7 MOC, 314 Granular 'A', Shouldering t 300 23.60 7,080.00
SP
Page 7 of II pages
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ITEMIZED BID
CONTRACT NO. CLlOO8-11
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2oo8. II for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of Clarington Design Guidelines and Standard Drawings
H8 MOC, 314 Granular 'B', Type I t 1,600 12.80 20,480.00
SP
H9 MOC, 570 Topsoil (Imported) 2 3,000 3.30 9,900.00
m
SP
HIO MOC,571 Sodding (Nursery, Unstaked) 2 3,000 3.80 11,400.00
m
SP
HII 206 Ditching:
SP a) Gradall hrs 60 176.60 10,596.00
b) Triaxle Dump Truck hrs 120 75.80 9,096.00
HI2 577 Provisional Item m 100 15.60 1,560.00
SP Silt Fence Sediment Control
H13 532 Pavement Markings. Durable
SP 100 mm Width. Yellow Centre Line
a) m 750 7.60 5,700.00
b) 100 mm Width. White E.P. Line m 1,500 7.60 11,400.00
Hl4 MOC, 421 Provisional Item
SP Culverts
a) Remove and Replace 450 mm Oia. m 46 166.60 7,663.60
CSP, 2.0 mm Gauge
b) Placement of 450 mm Oia. CSP, m 20 170.40 3,408.00
2.0 mm Gauge
c) Placementof600 mm Oia. CSP, m 15 33 I.1 0 4,966.50
2.0 mm Gauge (Including Frost
Taper)
Total Section 'R' (carried to Summary) 244,645.10
SECTION 'I' - PRICE ADJUSTMENT - ASPHALT CEMENT
II SP Asphalt Cement Price Adjustment LS 40,000.00
Total Secliou 'I' (carried to Summary) 40,000.00
Page 8 of II pages
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ITEMIZED BID
CONTRACT NO. CL2008-11
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2008-11 for the following unit prices.
Spec. No.
SP
(P)
MOC
The numbers in this column refer to the applicable
Refers to Special Provisions
Plan Quantity Payment Item
Municipality of Clarington Design Guidelines and Standard Drawings
.. . '. ,. . , "'''."" '"-T''<'-r''' '. ..".~,.'[~...
i, " ..' . ". c.,.' :',L~~<';~:~,': :,', ';~,',;,: '.: '''''{~_;~if;
SUMMARY:
Section 'A' - Jane A venue, Courtice
Section 'B' - Westmore Street, Courtice
Section 'C - Baseline Road West, Bowmanville
Section '0' - Division Street, Bowmanville
Section 'E' - Temperance Street, Bowmanville
Lowe Street, Bowmanville
Section 'F' - Hillier Street, Bowmanville
Section '0' - Graham Crescent, Newcastle
Oatley Court, Newcastle
Orchard Heights Drive, Newcastle
Section 'H - Mill Street South, Newcastle
Section 'f - Price Adjustment, Asphalt Cement
22,762.00
43,943.00
134,206.20
15,057.20
29,572.40
138,090.40
155,124.00
244,645.10
40,000.00
Total (excluding GST)
GST (5% of Total)
823,400.30
41,170.02
Tenderer's GST Registration No. 100471598
P:\Dept 12\l2-29699\Specs\(ltemized Bid - SignDocs.x1sJSign Docs
Page 9 of II pages
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AGREEMENT TO BOND (to be comoleted bv Bondin!! Comoanv)
CONTRACT NO. CL2008-lt
Bond No.: TSS00376
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
Lafarl!e Pavine and Construction Limited
in a Performance Bond totaling ONE HUNDRED PERCENT (100"10) of the Total Tender amount, and a Labour
and Material Payment Bond totaling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and
conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or
described herein, if the Tender for Contract No. CL200S-1 I 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 Edmonton. AB
ISth
200S
this
day of March
The Guarantee ComDanv of North America
Name of Bonding Company
Michaela SimDson
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
Attornev-In-Fact
Position
(This Form shall be completed and attached to the Tender Submitted).
Page 10 of II pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2008-11
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 to 9
Agreement to Bond Page 10
Schedule of Tender Data Page 11
B. STANDARD TERMS AND CONDITIONS Pages I to 9
C. SCHEDULE 'C' - CONTRACTOR'S SAFETY Pages 1 to S
D. INSTRUCTIONS TO TENDERERS Pages I to 6
E. SPECIAL PROVISIONS - GENERAL Pages I to 13
F. SPECIAL PROVISIONS - TENDER ITEMS Pages I to 10
G. DESIGN GUIDELINES
H. STANDARD DRAWINGS
I. PLANS: Map 1
J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition ofthe following Ontario Provincial Standard Specifications and Municipality of Clarington
Specifications.
" OJ>SSl(o; "" D.tt" dPsSNQ. Date ... . " OJ'$S.NQ. Date <JPSSNo. Date..
127 Current 314 Nov. 2004 353 Nov. 2006 532 June 1991
128 Apr. 2006 330 May. 1994 355 Nov. 2006 570 Nov. 2007
180 Nov. 2005 334 Nov. 2007 408 Nov. 2007 571 Nov. 2007
206 Nov. 2000 341 Nov. 2004 421 Nov. 2007 572 Nov. 2003
310 Nov. 2004 351 Nov. 2005 510 Nov. 2006 577 Nov. 2006
312 Apr. 2004 350 Mar. 1998
K. GEOTECHNICAL INVESTIGATION (Borehole Logs)
H. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes
x
No
By my/our signature hereunder, I/we hereby identifY this as the Schedule of Tender Data, Plartl!-and Specifications,
for Contract No. CL200S-1 I, executed by melus bearing date the 27th day of March 2~.aHd we.have fully
'\. - - ~
readallrelateddo~cumentstotenderdata listed above. _-:: .' ....~.~..
SIGNATURE: ~ POSITION :: :Cons~ion M~iger
"- .;,....:...~ - --.
NAME OF FIRM Lafi ge ving and Construction Limited '-- ~c;oMPANYSEf\.L)
--'" ..-'~< -.~:--:; ::.;..".:;............
"- -
Privacy Lellislation
Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that we
have obtained the CONSENT of any and all employees whose personal infonnation we have supplied to the owner in this tender. This
personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional
designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent)
for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project
administration, for contact purposes.
This is Page II of II Pages to be submitted as the Tender Submission for Contract No. CL200S-II.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-11
STANDARD TERMS AND CONDITIONS
P:\Dept 12\12-29699\Specs\29699-T&C.doc
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STANDARD TERMS AND CONDITIONS
1
The Municipality of Clarington' s "Standard Terms and Conditions" shall apply to this Contract
except where noted below.
. Clause 15 of the "Standard Terms and Conditions" shall be superceded by Clause I,
"Guaranteed Maintenance" of the "Special Provisions - General" Section of the
Contract
. Clause 23 of the "Standard T enns and Conditions" shall be superceded by Clause
6.03.02 of the OPS General Conditions of Contract (November 2006) which requires a
$5,000,000.00 liability coverage.
. Clause 26 of the "Standard Tenns and Conditions" shall be superceded by Clause 17,
"W otkplace Hazardous Materials Information System (WHMIS)" of the ''Special
Provisions - General" Section of the Contract.
. Clause 8 of the "Standard Terms and Conditions" shall be superceded by
Clause 7, "Payments" of the "Special Provisions - General" section of the
Contract. (As per Addendum No.1)
. Clause 16 of the "Standard Terms and Conditions" is not applicable to this
Contract. (As per Addendum No.1)
.
STANDARD TERMS AND CONDITIONS
2
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1. DEFINITIONS
Municipality - The CoIporalion of the Municipality of CIarington, its successors and assigns.
Bidder - The person, finn or corporation submitting a bid to the Municipality.
Company - The person, contractor, finn or corporation to whom the Municipality has awarded the
contract, n successors and assigns.
Contract - The purchase order authorizing the company to perform the worl<, purchase order
atterations, the document and addenda, the bid, and surety.
Subcontractor - A person, ftnTI or corporation having a contract wnh the company for, or any part of,
the wor1<.
Document - The docurnent(s) issued by the Municipalily in response to which bids are invned to
perform tha wor1< in accordance with the specifications contained in the document.
Bid - An offer by a Bidder in response to tha document issued by the MunicipaUty.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be
done, furnished or pertonned by the company, which are subject to the Contract.
2. SUBMISSION OF BID
Bid invitation shall be in accordance with the Municipalily of Clarington Purchasing By~aw #2006-
127 and will apply for the catrlng, receiving, and opening of bids. The Municipaftty will be responsible
for evaluating bids, awarding and administering the eontract in accordance with the Purchasing By-
law.
The bid must be submitted on the Ionn(s) and in the envelope supplied by the Municipality unless
otherwise provided harein. The envelope must not be covered by any outside wrappings;i.e. courier
envelopes or other coverings.
The bid must be signed by a designated signing officer, of the Bidder.
If a joint bid is submitted, n must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewrilIen. Any Ionn of erasure, strikeout or over-writing
must be initialled by the Biddefs authorized signing ofIiosr.
Tha bid must not be restricted by a covering letter, a statement added, or by atterations to the
document unless otherwise provided herein.
Failure to return the document or invnation may resutt in the removal of the Bidder from the
Municipality's biddefs list.
A bid received after the closing date and time will not be considered and will be returned, unopened.
Should a dispute arise from the tenns and condnions of any part of the contract, regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
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STANDARD TERMS AND CONDITIONS
3
3. CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are narl'\9d above,
notwilhstanding the chronological order in which they are issued or executed.
The intent of the contract is that the Company shan supply work which Is fit and suitable for the
Municipality's intended use and oompIete for a parlicular purpose.
None of the conditions contained In the Bidde(s standard or general con<frtions of sale shaH be of
any eflecl unless expllciHy agreed to by the Municipality and specifically referred to in the purchase
order.
4. ClARIFICATION OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of Ks bid shall be
requested through the Municipality's contact iderrtified In the document. Any such clarification so
given shall not in any way aller the document and in no case shall oral arrangements be considered.
Every notice, advice or other communication pertaining thereto will be In the form of a written
addendum.
No officer, agent or employee of the Municipality Is authorized to alter oraRy any portion of the
document.
5. PROOF OF ABILITY
The bidder may be required to show, In terms of experience and facilijies, evidence of ijs abllijy, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date.
6. DELIVERY
Unless othefwise slated, the work specified In the bid shall be delivered or completely performed by
the Company as soon as possible and In any event within the period set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece lally, showing the exact quantijy of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shall not bind the Munlcipalijy to accept the work covered thereby, or the particulars of
the delivery ticket or piece taRy thereof.
Work shall be subject to further inspedion and approval by the Municipalijy.
The Company shall be responsible for arranging the work so that completion shall be as specified In
the contract.
Time shall be of the essence of the contract.
7. PRICING
Prices shall be In Canadian Funds, quoted separately for each lIem stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract.
Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to
the MI requirements of the bid. No claims for extra work will be entertained and any eddiIional work
must be authorized in writing prior to commencement. Should the Company require more
information or clarification on any point, II must be obtained prior to the submission of the bid.
Payment shall be full compensation for all costs related to the work, including operating and
overhead costs to provide work to the satisfaction of the Municipalijy.
10.
ALTERNATES
.....,
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STANDARD TERMS AND CONDITIONS
4
AU prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other
charges of every kind attributable to the woll(. Goods and Servlces Tax and Provincial Sales Tax
shall be extra and not shown, unless othelwise specified herein.
If the Bidder intends to manufacture or fabricate any part of the wot1< outside of Canada, n shall
arrange ns shipping procedures so that ns ~ or representative in Canada is the importer of
record for CUStoms purposes.
Should any additional tax, duty or any variation in any tax or duty be imposed by the Govemment of
Canada or the Province of Ontario become directly applicable to wot1< specified in this document
subsequent to ns submission by the Bidder and before the delivery of the work covered thereby
pursuant to a purchase order issued by the Municipalily appropriate increase or decrease in the
price of work shaH be made to compensate for such chenges as of the effective date thereof.
8. TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be hald back until 60 days
after the completion of the work.
Payments made hereunder, including final payment shall not relieve the company from ns
obligations or liabilities under the contract.
Acceptance by the company of the final payment shan constitute a waiver of daims by the company
against the Municipalny, except those previously made in writing in accordance with the contract and
still unsettled.
The Municipalny shall have the right to wilhhoId from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the wot1<, pending correction
ofn.
Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoiCe, contract
requirements being completed and wot1< being deemed satisfactory.
9. PATENTS AND COPYRIGHTS
The company shaH, at ns expanse, defend all claims, actions or proceedings against the Municipality
based on any allegations that the wot1< or any part of the wot1< constitutes an infringement of any
patent, copyright or other proprietary right, and shaH pay to the Municipalny all costs, damages,
charges and expenses, including ns lawyers' fees on a solicitor and his own dient basis occasioned
to the Municipality by reason thereof.
The company shall pay all royalties and patent license fees required for the wot1<.
If the wot1< or any part thereof is in any action or proceeding held to constiMe an infringement, the
company shall forthwith enher secure for the Municipality the right to continue using the work or shall
at the company's expense. replace the infringing work with non-infringing wot1< or modify n so that
the work no longer infringes.
Any opinion with regard to the use of a proposed altemate determined by the Municipalny shall be
final. Any bid proposing an alternate will not be considered unless otherwise specified herein.
11. EQUIVALENCY
Any opinion detennined by the Municipality with respect to equivalency shall be fmal.
12. ASSIGNMENT AND SUBCONTRACTING
The company shaH not assign or subcontract the contract or any portion thereof without the prior
written consent of the Municipalny.
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STANDARD TERMS AND CONDITIONS
5
13. FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to tequest of the Company to furnish reasonable evidence that financial
arrangements have been made to fulfil the Company's obligations under the Contract.
14. LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and its performance. The company shall be responsible for ensuring
sim~ar compliance by suppliers and subcontractors.
The contract shall be governed by and interpreted in accordance with the laws of the Province of
Ontario.
15. CORRECTION OF DEFECTS
If at any time prior to one year after the actual delively date or completion of the wor1< (or specified
warranty/guarantee period if longer than one year) any part of the wor1< becomes defective or is
deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the
requirements of the contract, the company, upon tequest, shall make good evely such defect,
deficiency or failure without cost to the Municipality. The company shall pay all transportation costs
for wor1< both ways between the company's factOIy or repair depot and the point of use.
16. 81D ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of ~erns, or parts
thereof, or all ~erns of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions,
if in so doing, the best interests of the Municipality witl be served. No liability shall acc:rue to the
Municipality for its decision in this regard.
Bids shall be irrevocable for 90 days aller the official closing time.
The placing in the mail or delively to the Bidde(s shown address given in the bid of a notice of award
to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to
the extent described in the notice of award.
17. DEFAULT BY COMPANY
a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of
its insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of ~s cred~ors; then, in any' such case, the Municipality may,
without notice: terminate the contract.
b. If the company: fails to comply with any tequest, instruction or order of the Municipal~y; or
fails to pay its accounts; or fails to comply w~ or persistently disregards statutes,
regulations, by-laws or directives of relevant authorities relating to the work; or fails to
prosecute the wor1< with skill and d~igence; or assigns or sublets the contract or any portion
thereof without the MunicipaJiIy's prior written consent; or refuses to correct defective work;
or is otherwise in default in carrying out its part of any of the terms, conditions and
obligations of the contract, then, in any such case, the Municipality may, upon expiration of
ten days from the date of written notice to the company, terminate the contract.
c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice
to any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect therek>.
STANDARD TERMS AND CONDITIONS
6
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d. If the Municipality tenninates the conln1cl, n is entiUed to:
i) take possession of all WOJ1< in progress, malerials and construction equipment
then at the project sne (at no additional charge for the retention or use of the
construction equipment), and finish the work by whatever means the Municipality
may deem appropriate under the drcumstances:
Ii) withhold any further payments to the company until the completion of the WOJ1<
and the expiry of all obligations under the Correction of Defects section;
iiQ I'llCOV<< from the company loss, damage and expense incurred by the Municipalily
by reason of the company's defauIl (which may be deducted from any monies due
or becoming due to the company, anY balance to be paid by the company to the
Municipality).
18. CONTRACT CANCELLATION
The Munidpality shall have the right, which may be exerdsed from time to time, to cancel any
uncompleted or unperformed portion of the WOJ1< or parlthereof. In the event of such cancellation,
the Munidpality and the Company may negotiate a settlement. The Municipality shaft not be iable to
the Company for loss of anticipated prom on the cancelled portion or portions of the work.
19. QUANTITIES
Unless otherWise specified herein, quantities are shown as approximate, are not guaranteed to be
ac:curate, are furnished without any iabllity on behalf of the Municipality and shall be used as a basis
for cornparison only.
Payment will be by the UM complete at the bid price on actual quantities deemed acceptable by the
Municipality.
20. SAMPLES
Upon request, samples must be submitted slriclIy in accordance with instructions. If samples are
requested subsequent to opening of bids, they shaD be deiivered within three (3) working days
following such request, unless additional time is granted. Samples must be submitted free of charge
and will be returned at the bidde(s expense, upon request, provided they have not been destroyed
by tests, or are not required for comparison purposes.
The acceptance of samples by the Municipality shall be at ns sole discretion and any such
acceptance shall in no way be construed to imply retiaf of the company from ns obligations under the
contract.
Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
21. SURETY
The successful tenderer shan, if the Municipality in ns absolute discretion so desires, be required to
satisfy surety requirements by providing a deposn in the form of a certified cheque, bank draft or
money order or other form of surety, in an amount determined by the Municipality. This surety may
be held by the Munidpality until 60 days after the day on which all work covered by the contract has
been completed and accepted. The surety may be returned before the 60 days have elapsed
providing satisfactory evidence is provided that aD. liabilities incurred by the company in carrying out
the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB -
Workplace Safety Insurance Board has been received.
The company shaH, if the Municipality in ns absolute discretion so desires, be required to satisfy
fidelity bonding requirements by providing sUCh bonding in an amount and form determined by the
Munidpality .
Failure to fumish required surety within two weeks from date of request thereof by the Municipality
shall make the award of the Conln1cl by the Municipality subjeclto withdrawal.
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STANDARD TERMS AND CONDITIONS
7
22. WORKPLACE SAFETY AND INSURANCE BOARD
AU of the Conlraclor's persomel must be covered by the insurance plan under the Workplace Safety
and Insurance I'D., 1997, or must provide an identification number from the WSIB verifying their status
as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing
from the Workplace Safety and Insurance Board shall be provided prior to the commencement of
work indicating all payments by the Company to the board have been made. Prior to final payment, a
Certificate of Clearance must be issued indicatilg all payments by the Company to the Board in
conjunction with the subject Conbact have been made and that the Municipality will not be liable to
the Board for future payments in connection with the Company's fulfilment of the contract. Further
Certificates of Clearance or other types of certificates shall be provided upon request.
For Independent contractors I Owners I Operators who do not have WSIB coverage, the following
shall be provided upon request by the Cal6ng Agency:
Single Independent Contractors I Owners , Operators shall provide a letter from the Worl<place
Safety & Insurance Board confirming independent operator status and identification number. To
obtain this, contractors must complete the form "Determining workerllndependent Operator status",
issued by the Workplace Safety & Insurance Board. (For more information, please contact your
local Workplace Safety & Insurance Board Office and refer to this clause.)
Single Independent Contractors I Owners I Operators must also provide a certificate from the
Workplace Safely & Insurance Board confirming they have purchased the optional WSIB coverage.
The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage.
23. INSURANCE
The company shall maintain and pay for ComprehenSive General Liability insurance including
premises and all operations. This insurance coverage shall be subject to limits of not less than
$3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such
other coverage or amount as may be requested.
The policy shall include the Municipality as an additional insureds in respecl of all operations
performed by or on behalf of the Company. A certified copy of such policy or certificate shall be
provided to the municipality prior to commencement of the work. Further certified copies shan be
provided upon request.
'-
24. LIABILITY
The company agrees to defend, fully indemnify and save harmless the Municipality from all actions,
suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury
including death to any person and all damage to any property which may arise directly or indirectly
by reason of a requirement of the contract, save and except for damage caused by the negligence of
the Municipality or its employees.
The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality
or any of its employees shall be made a party to any charge under the Occupational Heallh and
Safety I'D. in relation to any violation of the I'D. arising out of this contract.
25. VISITING THE SITE
The Company shall carefully examine the site and existing building and services affecting the proper
execution of the "work, and obtain a clear and comprehensive knowledge of the existing conditions.
No claim for extra payment will be allowed for work or difficullies encountered due to conditions of
the site which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respecl.
STANDARD TERMS AND CONDITIONS
8
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26. SAFETY
The Company shall obey aD Federal, Provincial and Municipal Laws, Ad, Ordinances, Regulations,
Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contrad
or to the Employees of the Company.
Without liIIliting the generality of the foregoing, the Company shaH satisfy aH statutory requirements
imposed by the Occupational Health and 5afety Ad and Regulations made thereunder, on a
contrador, a Constructor andIor Employer with respect to or arising out of the performance of the
Company's obligations under this Contract.
The Company shall be awB<<! of and conform to all governing regulations including those established
by the Municipality relating to employee health and safety. The Company shall keep employees and
subcontradors informed of such regulations.
The Company shaH provide Material 5afety Data Sheets (MSDS) to the Municipality for any supplied
Hazaldous Materials.
27. UNPAID ACCOUNTS
The company shall indemnify the Municipslity from aD claims arising out of unpaid accounts relating
to the work. The MuniclpaJity shall have the right at any time to require satisfactory evidence that the
work in rasped of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
28. SUSPENSION OF WORK
The Municipality may, without invalidating the contracI, suspend performance by the company from
time to time of any part or aD of the work for such reasonable period of time as the Municiparoty may
delermine.
The resumption and completion of work altar the suspension shall be governed by the schedule
established by the Municipality.
29. CHANGES IN THE WORK
The Municipality may, without invalidating the contracI, dired the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contrad price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
30. CONFLICT OF INTEREST
No employee or member of Council of the Municiparoty shaH seD goods or services to the Municipality
in accordance with the Municipality of Claringlon Policy or have a dired or indired interest in a
Company or own a Company which seDs goods or services to the Municipality.
31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT IMFIPPAl
All correspondence, documentation, and information provided to staff of the Municipality of Clarington
by every offerer, including the submission of proposals, shaH become the properly of the Municipality,
and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Ad, and
may be subject to release pursuant to the Ad.
Offerers B<<! reminded to identify in their proposal material any specific scientific, technical,
comrnercial, proprietary, or similar confidential information, the disclosure of which could cause them
injury. Complete proposals are not to be identified as confidential.
32. CRIMINAL BACKGROUND CHECKS
"The successful service provider covenants and agrees to provide the Municipality of Clarington, or
such other entity as the Municipality may designate, with written consent to perform a criminal
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STANDARD TERMS AND CONDITIONS
9
background check including Criminal Code (Canada) convictions, pardoned sexual offences,
records or convictions under the Controlled Drugs and Substances Act, Narcolics Control Act and
Food and Drugs Act and aU outstanding warrants and charges for every individual who may come
into direct contract with youth or who are permitted entrance to private or restricted areas or
residences. This will be done at no cost to the Municipality and any such requested document will
be submitted to the Municipality in its true form in advance of commencement of wor1<:.
The Municipal issued identilication card must be wom when individuals are at a site where there is
direct contact with youth or where access to any private or restricted area is anticipated. The
Municipal identification card is valid for the term of the contract only or a one year term, whichever
comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion
to prohibK an individual from coming into direct contact with youth or entering a private or restricted
area on a regular basis and to terminate the contrect if the bidderlpartner fails to Obtain or renew
the Municipal identification cards according to Municipal policy and procedure.
The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately
and unilaterally and wKhout penalty to the Municipality should the service provider faU to provide
the required documentation or otherwise adhere to this procedure. "The Chief Administrative
Officer has the final say in determining any final action.'
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-11
SCHEDULE 'c'
P:\Dept 12\12-29699\Spe<:sICL-8chedule (C).doc
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1
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE
POLICY:
Contractors and Sub-contractors are responsible to ensure that their personnel are
updated on all safety concerns of the workplace and are aware of the safety
requirements as required by the Contractor under the Occupational Health and Safety
Act. Safety performance will be a consideration in the awarding of contract. Under the
Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's
responsibility to ensure that:
. the measures and procedures prescribed by the Occupational Health and Safety
Act and the Regulations are carried out on the Droiect;
. every employer and every worker performing work on the Droiect complies with
the Occupational Health and Safety Act and the Regulations (under the Act); and
. the health and safety of workers on the oroiect is protected.
. Where so prescribed, a constructor shall, before commencing any work on a
project, give to a Director notice in writing of the project containing such
information as may be prescribed.
DEFINITIONS:
Contractor - any individual or firm engaged by the Municipality to do work on behalf of
the Municipality.
Project - means a construction project, whether publiC or private, including,
. the construction of a building, bridge, structure, industrial establishment, mining
plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway,
parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph,
telephone or electrical cable, pipe line, duct or well, or any combination ther~of,
. the moving of a building or structure, and
. any work or undertaking, or any lands or appurtenances used in connection with
construction.
Construction - includes erection. alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, trenching,
digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant,
and any work or undertaking in connection with a project.
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1
SCHEDULE(C
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Constructor - means a person who undertakes a project for an owner and includes an
owner who undertakes all or part of a project by himself or by more than one employer.
Project Manager - means the municipal management representative who has
responsibility for a contract.
PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
a) Before beginning a project, the project manager or delegate must determine
whether any designated substances/hazardous materials are (or will be) present
at the site and prepare a list of all these substances.
b) The project manager or delegate must include, as part of the request for
tender/quotations, a copy of the above-mentioned list. The list of designated
substances/hazardous materials must be provided to all prospective constructors
andlor contractors.
c) The request for tender/quotations will require prospective contractors to include a
list of the designated substances/hazardous materials that will be brought onto
the work site and material safety data sheets.
d) Before awarding a contract, contractor(s) will be required to complete and sign
the Health and Safety Practice Form (Schedule "An). The Purchasing Office will
maintain all contractors safety performance records.
e) As part of the tender/quotation conditions, before award of a contract, the
contractor will be required to provide proof that all workers involved with the
project have the proper WHMIS training, as required by the Occupational Health
and Safety Act.
1) As part of the tender/quotation conditions, before award of a contract, the
contractor must provide details of their Health and Safety program.
g) The project manager or delegate must provide the successful contractor with a
workplace orientation, which will include, but not limited to identifying known
potential hazards, hazardous material inventory and material safety data sheets
for the sites. A workplace orientation/Job Safety Instruction Checklist to be
completed (see Compliance page 9).
h) Before the start of the assignment, the following documentation will be provided
to the successful contractor, by the project manager or delegate.
i) Copies of the Municipal Corporate Health and Safety Program
ii) Departmental health and safety policies
iii) Workplace procedures regarding health and safety practices.
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SOHEDULE (e)
CONTRACTOR SAFETY
3
POLICY AND PROCEDURE Continued...
i) The contractor has the responsib~ity to provide any and all prescribed personal
protective equipment for their own workers, to include as a minimum but not
limited to hard hats and safety boots. If a worker(s) fails to comply with any
program, policy, rule or request regarding health and safety, that person(s) is not
allowed on the site until the person(s) complies.
j) The Municipality will retain the right to document contractors for all health and
safety warnings and/or to stop any contractors' work if any of the previously
mentioned items are not in compliance. Similarly, the Municipality will have the
right to issue warnings and/or to stop work if there are any violations by the
contractor of the Occupational Health and Safety Act, Municipal Heahh and
Safety programs, policies, rules, and/or if the contractor creates an unacceptable
health and safety hazard. Written warnings and/or stop work orders can be given
to contractors using Contractor Health and Safety Warning/Stop Work Order
Form (Schedule "8").
k) Where applicable, the Municipality will retain the right to allow municipal
employees to refuse to work in accordance with the established policy and the
Occupational Heahh and Safety Act, in any unsafe conditions.
I) The Purchasing Department will maintain current certificates of clearance until all
monies owing have been paid to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the
project manager or designate. This will include identification, evaluation and
control practices and procedures for hazards and follow-up and issuing of
Contractor Health and Safety Warning/Stop Work Orders.
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM
To Contractor(s):
The Municipality of Clarington is committed to a healthy and safe working environment for all
workers. To ensure the Municipal workplace is a healthy and safe working environment,
contractors, constructors and subcontractors must have knowledge of and operate in
compliance with the Occupational Health and Safety Act and any other legislation pertaining to
employee health and safety.
tn order to evaluate your company's health and safety experience, please provide the
accident/incident and/or Workplace Safety and Insurance Board (WSIB) information noted
below, where applicable.
. The New Experimental Experience Rating (NEER)
_ The WSIB experience rating system for non-construction rate groups
.............................................................................................
. The Council Amended Draft #7 (CAD-7) Rating
_ The WSIB experience rating system for construction rate groups
.............................................................................................
. Injury frequency performance for the last two years
_ This may be available from the contractor's trade association
.............................................................................................
. Has the contractor received any Ministry of Labour wamings or orders in the last two
years? (If the answer is yes, please include the infraction).
. Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
(Bidders to include the letter confirming this status and number from WSIB with their bid
submission.)
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SCHEDULE (C)
CONTRACTOR SAFETY
5
POUCY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, l/we wi" comply with an
proceclures and requirements of the Occupational Health and Safety Act, Municipal
safety policies, department and site spedfic policies and procedures and other
applicable legislation or regulations. IJwe will work safely with skill and care so as to
prevent an accidental injury to ourselves, fellow employees and members of the public.
1. The contractor/successful tenderer certifies that it, its employees, its
subcontractors and their employees,
a) are aware of their respective duties and obligations under the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the" Act"); and
b) have sufficient knowledge and training to perform all matters required
pursuant to this contractltender safely and in compliance with the Act.
2. In the performance of all matters required pursuant to this contractltender, the
contractor/successful tenderer shall,
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act
safely and complying all respects with the Act.
3.
The contractor/successful tenderer shall rectify any unsafe act or practice and
any non-compliance with the Act at its expense immediately upon being notifred
by any person of the existence of such act, practice or non-compliance.
4.
The contractor/successful tenderer shall permit representatives of the
Municipality and the Health and Safety Committee on site at any time or times for
the purpose of inspection to determine compliance with this contractorJtender.
5.
No act or omission by any representative of the Municipality shall be deemed to
be an assumption of any of the duties or obligations of the contractor/successful
tenderer or any of its subcontractors under the Act.
6.
The contractor/successful tenderer shall indemnify and save harmless the
Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which
may result from the contractor/successful tenderer or any of its
employees, its subcontractors or their employees failing to act safely or to
comply in all respects with the Act in the performance of any matters
required pursuant to this contractltender;
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and costs related thereto, brought against the
Municipality by any person arising out of any unsafe act or practice or any
non-compliance with the Act by the contractor/successful tenderer or any
of its employees, its subcontractors or their employees in the
performance of any matter required pursuant to this contract/tender; and
c) from any and all charges, fines, penalties, and costs that may be incurred
or paid by the Municipality (or any of its council members or employees)
shall be made a party to any charge under the Act in relation to any
violation of the Act arising out of this contractltender.
64?A?~u"/~=1~~t{;:6.
s;;;;~~..................m...m...m.........~<,4;:2q~
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7
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR HEALTH AND SAFETY WARNINGlSTOP WORK ORDER
The purpose of this form is to: (Issuer to. check one of the following)
Provide warning to the contractor to immediately discontinue the unsafe work practice
described below
Direct the contractor to immediately cease all work being performed under this contract
due to the unsafe work practice described below.
FAILURE TO COMPLY WITH THIS WARNINGlSTOP WORK ORDER SHALL CONSTITUTE A
BREACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
NAME OF FIRM:
PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
SCHEDULE (C)
CONTRACTOR SAFETY
DATE & TIME OF INFRACTION:
DESCRIPTION OF INFRACTION INCLUDING LOCATION:
ORDER GIVEN BY MUNICIPALITY:
DID THE CONTRACTOR COMPLY WITH THIS ORDER?
DATE & TIME OF COMPLIANCE:
ISSUED TO:
CONTRACTOR'S EMPLOYEE TITLE
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
PART "Cn - ADDITIONAL COMMENTS
THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS
SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME
WORK RESUMED, FURTHER ACTION TAKEN, ETC.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-Il
INSTRUCTIONS TO TENDERERS
P:\Dept 12I12-29699\Specs\29699-lT.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-11
CLAUSE
SUBJECT
PAGE
1. GENERAL... ..... ... ...... ..... ..... ..... ......... .......... ............. ......... ......... ......... .......... ............. 1
2. BLANK FORM OF TENDER............................................................................................2
3. TENDER DEPOSITS... .............. ................. ....... ........ .............. ........ ..... .................. ........ 2
4. BONDS...................................................................................................................... 2
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) ................................................................................ 3
10. EXECUTE CONTRACT DOCUMENTS... ......... ......... ....... .................... .......... .......... ........... 3
II. COMMENCEMENT OF WORK ........................................................................................ 4
12. LOCATION. ............ ..... ....... .................. ......... ............................ ....... ....... ...................4
13. SOILS INFORMATION AND CROSS-SECTIONS ..................................................................4
14. TENDERERS TO INVESTIGATE... ........ ........ ............................................ .......... ............. 5
15. INQUIRIES DURING TENDERING ....................................................................................5
16. AWARD OF THE CONTRACT ......................................................................................... 5
17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR............. 5
18. ADDENDA.... ..... ....... ............. .......... ........ ................ ....... ..................... .......... ............. 5
19. UTILITIES.. ....... ...... ....... ............... ........ ........ ........ ..... ............. .... ....... .... .... ................ 6
20. TENDER OPENING MEETING. ........ ................... ........................................ ..................... 6
21. PROVISIONAL ITEMS... ................................. .............. ..................... ....... ..................... 6
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-11
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2008-11" will be received until:
2:00:00 P.M., LOCAL TIME, THURSDAY, MARCH 27, 2008
and shall be addressed to:
Mrs. Patti Barrie, Clerk
Corporation of the Municipality ofClarington
40 Temperance Street
BOWMANVILLE, Ontario. LlC 3A6
Tenders must be time-stamped at the above noted location to be considered. Late submissions will
not be accepted and will be returned unopened without exception.
The use of the mail or courier services for delivery of a Tender will be at the risk of the Bidder.
The Tender must come into the possession of the above-mentioned representative of the
Municipality before the deadline for submission or the Tender will be returned to the Bidder
unopened.
In the event that the Tender is hand delivered and is received past the deadline for submission,
the Tender envelope will be time stamped and returned unopened to the deliverer immediately.
In the event that the Tender is received by a means other than 'in person' and is received past the
submission deadline, it will be time stamped and returned unopened by courier.
Note: Since Tenders must be submitted in a sealed envelope, submissions by facsimile or
electronic delivery, secured or otherwise, are not acceptable.
The onus unequivocally remains with the Bidder to ensure that Tenders are delivered to the
Municipal Clerk, Clerks Office, 200 Ploor, before the deadline for submission, in accordance with
the submission instructions. Requests for adjustments to submitted Tenders by telephone, fax or
electronically will not be considered.
The Municipality shall not be liable for any cost of preparation or presentation of Tenders, and all
Tenders and accompanying documents submitted by the Bidder become the property of the
Municipality and will not be returned. There will be no payment to Bidders for work related to and
materials supplied in the preparation, presentation and evaluation of any Tender, nor for the
Contract negotiations whether they are successful or unsuccessful.
The Municipality, its elected officials, employees and agents shall not be responsible for any
liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Bidder, prior or
subsequent to, or by reason of the acceptance, or non-acceptance by the Municipality of any
Tender, or by reason of any delay in the acceptance of any Tender.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL20OS-11
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 in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
Total Tender Amount Minimum Deposit
Required
$ 20,000.00 or less $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
500,000.0 I 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.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material Payment
Bond, each in an amount equal to 100 percent ofthe Total Tender Amount, to guarantee his
faithful performance of this Contract and his fulfillment of all obligations in respect of
maintenance and payment for labour and materials used on this work.
Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
2.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-1I
3.
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 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 of30 days after the closing date. Afterthis
time the tender may only be accepted with the consent of the successful Tenderer.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-11
4.
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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 T enderers 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 GC7.0I.02 ofthe
General Conditions.
12. LOCATION
Courtice
Section A - Jane Avenue, Westmore Street to Glenview Road
Section B - Westrnore Street, Fourth Avenue to Courtice Road
Bowmanville
Section C - Baseline Road West, Waverly Road to Bowmanville Creek
Section D - Division Street, Wellington Street to Lowe Street
Section E - Temperance Street, Wellington Street to Lowe Street
Lowe Street, Temperance Street to Division Street
Section F - Hillier Street, Spry Avenue to Quinn Drive
Newcastle
Section G - Graham Crescent, Orchard Heights Drive to West End Cul-de-sac
Oatley Court, Orchard Heights Drive to West End Cul-de-sac
Orchard Heights Drive, Arthur Street to Andrew Street
Section H - Mill Street South, Metcalf Street to Boulton Street
13. SOILS INFORMATION AND CROSS-SECTIONS
A geotechnical investigation has been undertaken on behalf of the Authority. The results
provided are for information only and are not guaranteed by the Authority. A copy ofthe
Geotechnical Report is included with the Tender Documents as listed in the "Schedule of Tender
Data".
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-11
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, TSH, Telephone: 905-372-2121, attention: Troy
MacArthur, C.E.T. or Ron Albright, P.Eng.
16. AWARD OF THE CONTRACT
The award of this Contract is subject to the approval ofthe Municipality ofClarington.
17. 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 ofClarington".
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 ofClarington".
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.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-Il
6.
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19. UTILITIES
For additional information regarding existing utilities the Contractor may contact the following
personnel:
Veridian Hydro:
Mr. Peter Petriw, P.Eng.
Tel: (888)-445-2881
Bell Canada:
Ms. Kimberly MacLellan
Tel: (905) 433-3061
Enbridge/Consumers Gas:
Mr. Chris Sorichetti
Tel: 416-758-7936
Cable TV
Ms. Cindy Ward
Tel: 905-436-4138
Hydro One
Mr. Jim Hisson
Tel: (905) 623-1071
20. TENDER OPENING MEETING
The tender opening meeting is scheduled to take place at 2:15:00 P.M. after the closing time and
date in Meeting Room No. I, Main Floor, 40 Temperance Street, Bowmanville, Ontario and
interested bidders are invited to attend.
21. PROVISIONAL ITEMS
After the Tender Closing the Items or Sections in the Itemized Bid noted as being "Provisional"
may have quantities modified or may be deleted from the Contract at the sole discretion of the
Owner without negotiating with the bidders regardless of the percentage of the Tender the
individual or combined "Provisional Items" represent. No consideration for loss of overhead
costs will be considered should these Items be deleted from the Contract.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-11
SPECIAL PROVISIONS - GENERAL
P:\Dept 12\12-2%99\Specs\29699-SPG _doc
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2008-11
CLAUSE
SUBJECT
PAGE
I. GUARANTEED MAINTENANCE...................................................................................................1
2. CONTRACT TIME AND LIQUIDATED DAMAGES .................................................................... I
3. CONTRACTOR'S AUTHORIZED REPRESENTATNE ...............................................................2
4. OPS GENERAL CONDITIONS ........................................................................................................ 2
5. LAYOUT BY CONTRACTOR.........................................................................................................2
6. RESTRICTIONS ON OPEN BURNING ....................................................... ................. ...................2
7 . PAYMENTS ......................................................................................................................................2
8. UTILITIES ......... .................................................................. ............................ ................ .................. 3
9. DUST CONTROL..............................................................................................................................4
10. TRAFFIC CONTROL, FLAGGING .................................................................................................4
II. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS............................................................4
12. MAINTENANCE OF TRAFFIC .......................................................................................................5
13. EMERGENCY AND MAINTENANCE MEASURES .....................................................................5
14. ENGINEERING FIELD OFFICE ......................................................................................................5
15. MANAGEMENT AND DISPOSAL OF EXCESS MATERlAL......................................................5
16. OCCUPA TlONAL HEALTH AND SAFETY ACT 1991 - DESIGNA TED SUBSTANCES .........6
17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)..................... 7
18. SPILLS REPORTING ............ ........................................................ .................................................... 7
19. PROTECTION OF WATER QUALITY ...........................................................................................8
20. TRAFFIC AND STREET SIGNS .............................................................................. ... ..................... 8
21. GARBAGE COLLECTION ...............................................................................................................8
22. ASPHALT MIX DESIGNS ...............................................................................................................9
23. TEST SAMPLES ....... ...... .......................................................................... .... ...... ....... .................... ... 9
24. ENTRY ONTO PRN A TE PROPERTY ...........................................................................................9
25. STORAGE AREAS ........ ...... ............... .................. .......................................... ...... ........... ............... 10
26. GENERAL LIABILITY INSURANCE .............................. ......... .............. ................... ..... .............. 10
27. CONSTRUCTION LIEN ACT ........................................................................................................10
28. PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S
PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX .............................................11
29. VARIATION IN TENDER QUANTITIES .....................................................................................12
30. PROPERTY OWNER'S RELEASE OF PRlV A TEL Y OWNED LAND USED BY THE
CONTRACTOR...............................................................................................................................13
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-Il
1. GUARANTEED MAINTENANCE
Section GC7.16.02 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 ofthe 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 ofthis Contract.
For purposes of this Contract, GCl.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
GCl.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GCl.06 of the
General Conditions on or before August 1, 2008.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift basis,
it is expected that additional and/or augmented daylight shifts will be required throughout the
life of the contract to the extent deemed necessary by the Contractor to insure that the work
will be completed within the contract time specified. Any additional costs occasioned by
compliance with these provisions will be considered to be included in the prices bid for the
various items of work and no additional compensation will be allowed therefor.
(3) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract
is not completed by the date specified, or as extended in accordance with Section GC3 .06 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 ONE THOUSAND
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-11
2.
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DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in
achieving completion of the work beyond the date prescribed. It is agreed that this amount is
an estimate of the actual loss or damage to the Authority which will accrue during the period in
excess ofthe prescribed date for completion.
The Authority may deduct any amount under this paragraph from any moneys that may be due
or payable to the Contractor on any account whatsoever. Tbe liquidated damages payable under
this paragraph are in addition to and without prejudice to any other remedy, action or other
alternative that may be available to the Authority.
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.0 1.1 0 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, November 2006.
5. LAYOUT BY CONTRACTOR
Prior to the commencement of any construction layout, the Contractor shall veritY the accuracy of
all temporary and permanent benchmarks and primary alignment control shown on the Contract
Drawings. The Contractor shall also perform random checks on all survey control points and
existing centre line road profiles. Tbe Contractor shall provide a Summary Report of all
aforementioned checks made to the Contract Administrator prior to the commencement of
construction layout. Any discrepancies between the Contract Drawings and field checks shall be
reported immediately to the Contract Administrator.
Costs associated with field verification work undertaken by the Contractor shall be included in the
Contractor's tender bid
6. RESTRICTIONS ON OPEN BURNING
Open fires will not be permitted within the limits ofthis 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.
7. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 ofthe General Conditions.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-11
3.
Notwithstanding the provisions ofthe General Conditions respecting certification and payment, the
Authority may withhold 2-112 percent of the total value of work performed beyond the expiration
of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the
Contract Administrator to produce the final detailed statement of the value of all work done and
material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%,
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.
As a condition of Progress Payment Certificate processing, the Contractor must provide a current
WSIB Clearance Certificate and a Statutory Declaration in support of each Progress Payment
Certificate.
All interim monthly certificates are not conclusive as to the value or quality of services provided
and payment certificates are subject to reopening and readjustment.
The Completion Payment Certificate to include statutory holdback release will be issued within 120
days after the date for completion as specified under GCI.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.
8. UTILITIES
Sections GC2.01 and GC7.13.02 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 ofthis Contract.
Utility relocation requirements, if any, are to be done prior to or concurrent with construction. It
may be incumbent upon the Contractor to work congruently with any relocation works.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-1I
4.
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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.
9. DUST CONTROL
As a part of the work required under Section GC7.07 ofthe 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.
10. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in
OTM Book 7 (Ontario Traffic Manual).
Each flagman shall, while controlling traffic, wear the following:
(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat.
11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
In accordance with Section GC7.07 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, detour signage, etc., required on the work.
Traffic controls shall be provided in general accordance with the latest edition of the "OTM
Book 7".
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-11
5.
A Traffic Control Plan indicating all traffic signage layout and types in a neat legible manner shall
be submitted to the Contract Administrator a minimum of two weeks prior to construction
commencement and shall be in accordance with the latest edition of the "om Book 7". Revisions
to the Traffic Control Plan shall be made to reflect ongoing changes on the project as needed and
shall be approved by the Contract Administrator.
TC-67 signs shall be supplied and erected by the Contractor at all street closure limits with
approved text as directed by the Contract Administrator.
Traffic controls shall be operational before work affecting traffic begins.
12. MAINTENANCE OF TRAFFIC
The Contractor will be required to maintain traffic in both directions on the street to be resurfaced.
The Contractor may wish to temporarily close one lane of traffic to facilitate construction of the
improvements.
13. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract Administrator
in case emergency or maintenance measures are required regardless whether the emergency or
requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause
whatsoever.
Should the Contractor be unable to carry out immediate remedial measures required, the Authority
will carry out the necessary repairs, the costs for which shall be charged to the Contractor.
14. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
15. 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:
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-11
6.
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Work area: means the road allowance, right-of-way, and property with a boundary common to
the road allowance or right-of-way within the Contract limits.
.2 Subsection ISO.07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding.
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The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF ISO-I,
OPSF ISO-2, OPSF ISO-3, OPSF ISO-4 and OPSF ISO-5 for use where appropriate with respect to
disposal of excess material.
16. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES
In accordance with the requirements of Section ISa(l) ofthe 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 Identified 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 ofthis specification, where Designated Substances are identified
as being present at the site of the work.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-11
7.
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 at 7 Overlea Boulevard, Toronto, Ontario, M4H lA8
of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall
be provided to the Contract Administrator a minimum of two weeks in advance of work starting.
In the event that the Ministry of the Environment has concerns with any proposed disposal location,
further notification shall be provided until the Ministry ofthe Environment's concerns have been
addressed.
All costs associated with the removal and disposition of Designated Substances herein identified,
shall be deemed to be included in the appropriate tender items.
Should a Designated Substance not herein identified be encountered in the work, then management
of such substance shall be treated as Extra Work.
The requirements of Section GC4.03 of the General Conditions of the Contract shall apply.
17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a
list of those products controlled under WHMIS which he expects to use on this Contract. Related
Material Safety Data Sheets shall accompany the submission. All containers used in the application
of products controlled under WHMIS shall be labeled.
The Contractor shall notifY the Contract Administrator of changes to the list in writing and provide
the relevant Material Safety Data Sheets.
18. 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 ofthe Contractor, and all
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-11
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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.
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This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills
or discharges.
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19. PROTECTION OF WATER QUALITY
At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
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No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from
the watercourse. Where this measure is not sufficient or feasible to control sediment entering the
watercourses, sedimentation traps or geotextile coverage will be required.
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If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
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No machinery shall enter the creek bed of any watercourse. Movement of construction equipment
in the vicinity of any creeks shall be limited to the minimum required for construction.
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The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
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20. TRAFFIC AND STREET SIGNS
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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.
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Scheduling for sign removal shall be as approved in advance by the Contract Administrator.
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Regulatory signs such as "Stop" and "Yield" must be maintained throughout.
21. GARBAGE COLLECTION
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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
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL200S-1I
9.
Waste Services, at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at
1-800-461-1582.
22. 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.
23. 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 Soil Eng., Bowmanville.
The Contractor will be responsible for providing samples for Quality Assurance (QA) at random
locations throughout the site as required by OPS 310 or as directed by the Contract Administrator.
At each location the Contractor shall take:
I. A sample for QA.
2. A referee sample to be kept and stored by the Contract Administrator.
3. A QC samp Ie to be retained and tested by the Contractor.
OPS 310 is amended in that compaction testing for this project will be undertaken with a nuclear
testing device. Core sampling will only be undertaken if there is a need to confirm nuclear testing
results outside of specifications.
A pre-pave site meeting will be conducted to review testing procedures with the Contractor, the
paving Sub-Contractor, the Contract Administrator and the Geotechnical Sub-Consultant for the
project.
24. ENTRY ONTO PRIV ATE 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.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-11
10.
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2S. STORAGE AREAS
Clause GC7.03.01 ofthe General Conditions of Contract is amended by the addition of the
following:
The use of the road right-of-way as a long tenn storage area is not allowed under this Contract. The
storage of materials and movement of equipment will only be allowed for nonnally accepted
construction practices.
26. GENERAL LIABILITY INSURANCE
General Liability insurance shall be in the name ofthe Contractor, with the Owner and the
Contract Administrator named as additional insureds (See Clause GC6.03.02.0 I).
27. 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 tenns of the Contract Documents.
Where an application is brought to a judge of a competent jurisdiction to compel production of any
particular document to a lien claimant, the Contractor further agrees to 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 such judge, and the Contractor
further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be
properly deductible from monies otherwise payable to the Contractor under the tenns of the
Contract Documents.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-11
11.
28. PAYMENT ADJUSTMENT FOR CHANGES IN THE MINISTRY OF
TRANSPORTATION'S PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX
The Owner will adjust the payment to the Contractor based on changes to the Ministry of
Transportation's (MTO) performance graded asphalt cement price index unless the Contractor opts
out by notifYing the Municipality in writing within 5 business days of receiving permission to start
work. Once the Contractor has opted out of payment adjustments based on the index, the
Contractor will not be permitted to opt back in. The price index will be published monthly by the
MTO. The MTO price index will be used to calculate the amount of the payment adjustment per
tonne of new asphalt cement accepted into the Work.
The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area, of
asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate
the payment adjustment for all grades.
A payment adjustment per tonne of new asphalt cement will be established for each month in
which paving occurs when the price index for the month differs by more than 10% from the price
index for the month in which tenders were opened for the Contract. When the price index
differential is less than 10%, there will be no payment adjustment established for that month.
Payment adjustments due to changes in the price index are independent of any other payment
adjustments made to the hot mix tender items.
The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix
accepted into the Work during the month for which it is established. However, a payment
adjustment will not apply to paving work done after the approved time for completion ofthe
Contract has expired, including the expiration of any extensions of time that have been granted.
The payment adjustment for the month will be calculated from the following formulae:
1. When Ip is greater than 1.10 ITa, the payment adjustment per tonne of asphalt cement is (Ip-
1.10 ITa) and the Contractor receives additional compensation of:
P A = (Ip - 1.10 ITa) x quantity of new asphalt cement in tonnes
2. When Ip is less than 0.90 ITa, the payment adjustment per tonne of asphalt cement is (0.90
ITa - Ip) and the Owner receives a rebate of:
PA = (0.90 ITa - Ip) x quantity of new asphalt cement in tonnes
Where:
P A = payment adjustment for new asphalt cement, in dollars
ITa = performance graded asphalt cement price index for the month in which tenders were
opened for the Contract
Ip = performance graded asphalt cement price index for the month in which paving occurs
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-11
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The quantity of new asphalt cement includes all grades of asphalt cement supplied by the
Contractor with and without polymer modifiers. For each month in which a payment adjustment
has been established, the quantity will be calculated using the hot mix quantity accepted into the
Work and its corresponding asphalt cement content as required by the job mix formula except for
mixes which contain reclaimed asphalt pavement.
For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be
determined from the difference between the asphalt cement content required by the job mix
formula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the
hot mix, as calculated by the Contract Administrator.
For mix containing a liquid anti-stripping additive, the quantity of anti-stripping additive will be
deducted from the quantity of new asphalt cement. No other deductions will be made for any other
additives.
For progress payment purposes, payment adjustments will be made on the monthly progress
payment certificates for the months in which hot mix paving occurs.
29. VARIATION IN TENDER QUANTITIES
Clause GC.8.01.02 (b) of the General Conditions of Contract is amended as follows:
The last sentence beginning "Alternatively" and ending "paid" is deleted and replaced by "The
Municipality shall not be liable to the Company for loss of anticipated profit".
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2008-1I
13.
30. PROPERTY OWNER'S RELEASE OF PRIV A TEL Y OWNED LAND USED BY THE
CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of
a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works stipulated
in the Contract:
Date .......................
To: Mr. A. S. Cannella, C.E.T.
Director of Engineering Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario. LlC 3A6
Re: Contract No. CL2008-ll
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 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.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-11
SPECIAL PROVISIONS - TENDER ITEMS
P:lDept 12\12-2%99\Specs\29699-SP-TLdoc
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-11
ORDER OF PRECEDENCE
Where a Specification or Standard exists in the Municipality of Clarington "Design Guidelines and
Standard Drawings" for any element of the works, the Municipality ofClarington Specification or
Standard shall take precedent over the contract "Special Provisions - Tender Items" or the "Ontario
Provincial Standards".
For Sections A, B, C, D and E, the work generally involves adjusting maintenance holes, catchbasins and
water valves and placement of 40 mm ofH.L.-3.
For Section H, the work typically involves the pulverization of the existing bituminous base and the
addition of recommended granular material and finally Hot Mix. Sections F and G will be similar to
operations outlined above with the exception of the pulverizing.
The intended rehabilitation works, in general, include:
Section A - Jane Avenue
Pavement Width - 7.9 m
. H.L.-3 - 40 mm depth, including tack coat
. Adjust catch basins, maintenance holes and water valves as required
. Remove temporary asphalt curb at catch basins and replace with concrete curb to match adjacent curb
type
Section B - Westmore Street
Pavement Width -7.9 m
. H.L.-3 - 40 mm depth, including tack coat
. Adjust catchbasins, maintenance holes and water valves as required
. Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb
type
Section C - Baseline Road
Pavement Width - 15.5 m
. H.L.-3 - 40 mm depth, including tack coat
. Cold milling 40 mm depth
. Adjust catchbasins, maintenance holes and water valves as required
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-11
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. Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb
type
. Line painting and traffic symbols
Section D - Division Street
Pavement Width - 6.0 m
. H.L.-3 - 40 mm depth, including tack coat
. Adjust catchbasins, maintenance holes and water valves as required
. Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb
type
Section E - Temperance StreetlLowe Street
Pavement Width - Average = 7.0 m
. H.L. -3 - 40 mm depth, including tack coat
. Adjust catchbasins, maintenance holes and water valves as required
. Remove temporary asphalt curb at catchbasins and replace with concrete curb to match adjacent curb
type
. Line painting
. Concrete sidewalk
Section F - Hillier Street
Pavement Width -7.8 m
. H.L.-3 - 40 mm depth, including tack coat and padding
. H.L.-3 - 50 mm depth, driveways
. H.L.-8 - 50 mm base asphalt repair as required (Provisional)
. Granular 'A' - 50 mm depth base repair (Provisional)
. Full depth base and subbase replacement, 150 mm Granular 'A', 300 mm Granular 'B', Type I
(Provisional)
. Full depth crack repair
. Removal and replacement of sidewalk
. Removal and replacement of curb and gutter
. Removal and replacement of brick pavers and placement of new brick pavers
. Adjustment of structures and valve boxes
. Cold milling 40 mm depth
. Topsoil and sodding with imported topsoil, as required
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-11
3.
Section G - Graham Crescent, Oatley Court and Orchard Heights Drive
Pavement Width 7.0 m -7.8 m
. H.L.-3 - 40 mm depth, including tack coat and padding
. H.L.-3 - 50 mm depth, driveways (Provisional)
. H.L.-8 - 50 rom base asphalt repair as required (Provisional)
. Granular' A' - 50 mm depth base repair (Provisional)
. Full depth base and subbase replacement, 150 rom Granular 'A', 300 mm Granular 'B', Type I
(Provisional)
. Full depth crack repair
. Removal and replacement of sidewalk
. Removal and replacement of curb and gutter
. Removal and replacement of brick pavers and placement of new brick pavers
. Adjustment of structures and valve boxes
. Cold milling 40 mm depth
. Topsoil and sodding with imported topsoil, as required
Section H - Mill Street South
Pavement Width - Average = 6.2 m
. H.L.-3 - 40 mm depth, including tack coat
. H.L.-3 - 50 mm depth, driveways (Provisional)
. H.L.-8 - 50 mm depth
. Granular 'A' - 50 mm depth base repair (Provisional)
. Full depth base and subbase replacement, 150 rom Granular 'A', 300 rom Granular 'B', Type I
(Provisional)
. Pulverize existing bituminous pavement and underlying granular
. Granular' A' - 50 mm depth for fine grading
. Topsoil and sodding with imported topsoil, as required
. Ditching, gradall and triaxle dump truck
. Remove and replace entrance culvert (Provisional)
. Line painting and traffic symbols
HOT MIX, H.L.-3 - ITEMS NO. AI, BI, CI, DI, EI, FI, GI AND H2
HOT MIX, H.L.-3 - DRIVEWAYS - ITEMS NO. F4, G4 AND H3
HOT MIX, H.L.-8 - ITEMS NO. F2, G2 AND H4
The Contractor shall supply all materials required for the proper execution of the paving work in
accordance with Municipality of Clarington specifications, OPSS 310 as amended, and at the depths as
specified in the Itemized Bid. Asphalt cement supplied shall be performance grade 58-28.
The unit price bid shall also include for tack coat where paving over top of asphalt and grinding at fit
points not specifically covered offby other Items.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-11
4.
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Note: When replacing the curb or sidewalk at driveway locations or when grade dictates partial driveway
restoration, the following conditions will apply, unless otherwise directed by the Contract Administrator:
. Driveways are to receive new asphalt across width and back as far as directed by the Contract
Administrator.
. Costs for placement of asphalt in driveways are to also include: removal and disposal of asphalt, fine
grading of existing granulars as required and saw cutting of asphalt driveways.
Base repairs will be done at locations as directed by the Contract Administrator and will include saw
cutting a clean edge around areas of repairs, removal of asphalt, tack coating of edges and placement of
H.L.-8 base asphalt to match existing or 50 mm minimum thickness. Repairs will typically be done at
locations where, after grinding has been completed, the base is severely deteriorated and/or gravel base
material is visible.
H.L.-8 will also be used for padding.
Note the contractor is responsible for providing test samples as outlined in Clause 23 - Test Samples, of
the Special Provisions - General.
GRANULAR 'A' -ITEMS NO. F5 (a), F5 (b), G5, GO, H6 AND H7
Included under these Items are the supply, placement, and compaction of Granular 'A' to 100% of the
Standard Proctor maximum dry density. Granular' A' used in shouldering shall be graded at 6% away
from the edge of pavement.
This Item shall also include excavating driveway base materials and supplying, placing and compacting
Granular' A' to a depth of 150 mm minimum for driveways and driveway aprons.
GRANULAR 'B', TYPE I-ITEM NO. H8
Payment shall be made under this Item for supply, placing and compacting Granular 'B', Type I for
depths ranging from 150 mm to 300 mm as directed by the Contract Administrator.
EXCAVATION - ITEM NO. HI
Payment under this Item shall also include grading existing granulars, removal and disposal of existing
granulars or native material as directed by the Contract Administrator. Payment for this Item will be on a
time basis for use of equipment and operator(s) and will include for, but not be limited to the following:
. Excavator and Operator
. Packer and Operator
. Grader and Operator
. Tri-axle Dump Truck and Operator
. GradaIl and Operator
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-11
5.
Rates will be in accordance with OPSS 127.
It is anticipated that the work will include, but not be limited to, grading of existing material in the
location of B.H. Nos. I, 2, 3 and 4 and the use of excavation type equipment at the location ofB.H. Nos.
5,6,7,8,9 and 10.
Placement of granular materials will be paid for under Items No. H6 and H8.
In order to ascertain methodology of proposed excavation, payment shall also include for the use of
equipment and operator to perform test digs at locations directed by the Contract Administrator.
FULL DEPm BASE AND SUBBASE REPLACEMENT (provisional) - ITEMS NO. F6 AND G7
Payment shall be made under these Items for the excavation and removal of existing road base and base
material and underlying material to a depth sufficient to allow for the supply, placing and compaction of
150 mm Granular 'A' and 300 mm of Granular 'B', Type I. The unit prices bid shall include for disposal
of excavated material off the site of the works at a location arranged for by the Contractor.
No work will be carried out under these items without the written authorization of the Contract
Administrator.
FULL DEPTH CRACK REPAIR WIm SMALL GRINDER - ITEMS NO. C3, F3 AND G3
Included under this Item, is the full depth grinding of cracks 0.5 m wide with a small grinder and placing
and compacting H.L.-8 in accordance with the specifications for Hot Mix asphalt, including tack coat.
Payment for asphalt shall be included in the crack repair items.
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IN-PLACE FULL DEPTH RECLAMATION OF BITUMINOUS PAVEMENT AND
UNDERLYING GRANULAR - ITEM NO. H5
Included under these Items, are the costs associated with grading, compacting, removal and disposal of
excess material in order to meet existing grade elevations where new pavement meets existing pavement.
The cost for stripping, removal and disposal of existing organic material on the existing road
shoulder/platform is to be included in the Items.
There may be a possibility to dispose of grinding material at the Operations Depot at Regional Road 42
(Darlington/Clarke Town Line), south of Highway #2. Contact Larry Postill of the Operations
Department, Municipality of Clarington at 905-263-2292 for further information.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-11
6.
PARTIAL DEPm ASPHALT REMOVAL-ITEMS NO. C2, F7 AND G8
Payment shall also be made under these Items for grinding of asphah as necessary to allow for the
placement ofH.L.-3, to a maximum depth of 40 mm at the face of the curb or gutter. All milled material
shall be disposed of by the Contractor. [See Special Provisions for "Full Depth Asphalt Removal"]
There may be a possibility to dispose of grinding material at the Operations Depot at Regional Road 42
(Darlington/Clarke Town Line), south of Highway #2. Contact Larry Postill of the Operations
Department, Municipality of Clarington at 905-263-2292 for further information.
CONCRETE IN SIDEWALK - ITEM NO. F9
All sidewalks shall meet the Municipality of Clarington Specifications.
The unit price bid under this Item shall include for the following:
. Sawcutting, excavation for sidewalk, proof rolling subgrade, minor grading (including fill) as
required to provide positive 2% drainage over the back of curb or to match land at existing sidewalk
locations, and disposal of surplus material off site.
. Supply and placing 30 MPa concrete to specified width or to match existing width of sidewalk and
private walkway.
. Isolation of utilities, poles, manholes and hand holes.
. Adjustment of water service curb stops, water valves, hand wells, gas valves, and any other
appurtenances to be flush with the top of sidewalks, or the sloping beyond the sidewalks.
. Clean up site and removal and disposal of debris.
All sidewalks to be constructed in accordance with Standard Drawing C-307. It is generally intended that
replacement sidewalk be constructed to a width of 1.2 m but this may be reduced or increased depending
on site conditions.
All contraction joints shall be a minimum depth of 25% oftotal sidewalk depth. Expansion joints shall be
full depth of sidewalk and be placed at a maximum spacing of30 m or where sidewalk is placed against a
rigid structure.
Curing compound shall be applied with uniform colour and thickness immediately after finishing.
It will be the Contractor's responsibility to preserve any layout markings provided by the Contract
Administrator.
The Contract Administrator shall determine the location of new sidewalk where this is not located to
match existing walk. New sidewalk will be constructed in the same location as existing walk where
sidewalk is to be replaced.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-11
7.
All forms shall be inspected by the Contract Administrator before the concrete is ordered. The Contractor
shall give the Contract Administrator adequate notice (at least 2 hours) that the forms are ready to be
inspected.
Locations for new sidewalk shall be identified by the Contract Administrator within the limits of
rehabilitated road sections.
CONCRETE CROSSOVERS - ITEM NO. E3
Payment shall be made under this Item for the supply of labour and materials to construct concrete
crossovers at location identified by the Contract Administrator.
Concrete shall be 200 mm thick, 30 MPa and joints shall be spaced as per C- 307.
Welded wire mesh shall also be provided at the bottom of the crossovers with a minimum cover of
25mm.
Finishing and texturing of surface shall be carried out in accordance with OPSS 350, Sections
350.07.03.02 and 350.07.03.03. Placement shall be in accordance with OPSD 310.060.
Payment shall also include for supply and placement of base asphalt used as filler between excavated area
and proposed concrete walk, sawcutting and removing existing asphalt and removal of granular material
as required.
BRICK PAVERS IN SIDEWALK-ITEM NO. FIO (a)
RELA y SALVAGED BRICK PAVERS - ITEM NO. FIO (b)
Payment shall be made under this Item for the following work:
a) Supply and placing of grey brick pavers in running bond pattern in sidewalk adjacent to trees or
at other locations as directed by the Contract Administrator. A single soldier course shall be laid
on each side. The unit price bid shall include for the supply and placing of bedding sand.
Granular' A' base shall be paid for under the Granular' A' Item. Base depth may be reduced if
there is conflict with tree roots.
b) Relay bricks salvaged under "Sidewalk Removal" Item, including supply and placing of bedding
sand. Granular 'A' base shall be supplied under the Granular 'A' Item to a minimum depth of
200 mm or as directed by the Contract Administrator.
Where bricks are broken or otherwise damaged during removal, these shall be supplied in matching
colour and cut to match existing, at the Contractor's expense.
The unit prices bid for parts (a) and (b) shall include for cutting pavers as required.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-11
8.
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CONCRETE CURB AND GUTIER - ITEMS NO. A2, 82, C4, D2, E2, F8 AND G9
All curb and gutter shall meet the Municipality of Clarington specifications and shall match existing
adjacent curb and gutter.
The unit price bid under these Items shall include for the following:
o Saw cutting of asphalt and curb, excavation, and disposal of surplus material off site.
o Supply and placing 30 MPa concrete to match existing curb and gutter.
ADJUST MAINTENANCE HOLES, CATCHBASINS AND WATER VALVES-
ITEMS NO. AJ, 83, CS, D3, E4, Fll AND GIO
The unit price bid for adjustment of structures shall include for the saw cutting of existing asphalt,
disposal of debris off site, placement of granular base and hot mix asphalt. The unit price bid for this
Item shall also include for the adjustment of water valves as required. This may also include placement
of new upper sleeve and cap (supplied by others). Adjustment shall be such that structures sit flush with
cross-fall of final pavement elevation. Structures will be identified by the Contract Administrator prior to
commencement of the work.
REMOVAL OF SIDEWALK - ITEM NO. F13
REMOVAL OF CURB AND GUTIER- ITEMS NO. A4, 84, C6, D4, ES, F12 AND Gll
Payment shall be made under these Items for the removal of all concrete and asphalt curb (all types) and
sidewalk not covered elsewhere in the Contract. Asphalt and concrete rubble shall be disposed of off the
site of the works at a location (s) arranged for by the Contractor.
The Contractor shall protect all trees, shrubs, hedges, fences, utility markers and poles from damage.
The unit price bid shall include for all saw cutting as required at the limits of removal as well as any
minor excavations required where existing curb is being replaced.
Payment shall also be made under this Item for the removal of patio stones, private concrete walkway and
interlocking brick pavers. As directed by the Contract Administrator, bricks shall be salvaged for reuse.
The Contractor shall note the laying pattern of brick walkways for reinstatement.
TOPSOIL (IMPORTED) - ITEMS NO. F14, Gl2 AND H9
SODDING (NURSERY, UNSTAKED) - ITEMS NO. FlS, G13 AND HIO
Screened topsoil shall be placed to a minimum depth of 100 mm in disturbed grass areas.
Subsection 570.05.01 ofOPSS 570, August 1990 is amended by the addition of the following:
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-11
9.
The topsoil shall be tested 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 +/- 2 ppm. The
potassium level shall be 235 ppm +/- 30 ppm. The soil shall have a base saturation of calcium of 75%,
+/_ 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. Payment
for this testing shall be included in payment under the respective topsoil items.
If the topsoil does not meet all of the fertility elements the soils shall be treated with the required
amendments as recommended by the topsoil analysis report.
Subsections 571.07.05, 571.08.01 and 571.08.02 ofOPSS 571, November 2007 is amended by the
following:
Replace "30 day maintenance period" with "120 day maintenance period". Contractor should note that
for the purpose of calculating the length of the maintenance period, the winter dormant period shall be
excluded (see Table No.1, OPSS 571). Clarington is considered to be in the 'Southern Ontario' area and
the winter dormant period is from November I to April 30, inclusive.
Payment shall be made for 50% of the quantity placed once deficiencies have been corrected from initial
inspection and the remaining 50% shall be paid once all deficiencies have been corrected following final
inspection at the end of the maintenance period.
The Contractor shall be responsible for the full cost of replacing deficient sod as determined by the
Contract Administrator.
REMOVE AND REPLACE CATCHBASIN FRAME AND GRATES - ITEM NO. FI6
Payment shall be made under this Item for the removal, salvage and delivery to the Municipality of
Clarington Operations yard in Hampton of existing catchbasin grates and for the supply and placing of
new grates in accordance with OPSD 400.0 I 0 as directed by the Contract Administrator.
The unit price bid for catchbasin adjustment shall include for replacement of catchbasin grates within
existing frames. Should the frame also require replacement, a price for this will be negotiated with the
Contractor.
DITCHING - ITEMS NO. GIS AND H11
The unit price bid shall include for full compensation for all labour, equipment and material necessary to
do the work, including provision of traffic control as per OTM Book 7.
The location of ditching will be identified on site prior to commencing the work. All surplus graded
material shall be disposed of off the site at a location arranged for by the Contractor.
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2008-Il
10.
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SILT FENCING (provisional) - ITEM NO. H12
Payment shall be made under this Item for the supply, erection, maintenance and removal of silt fencing
for siltation control on Mill Street. Fencing shall be located as directed by the Contract Administrator.
PAVEMENT MARKINGS - DURABLE -ITEMS NO. C7, E6 AND H13
Durable line pavement markings shall be screed applied thermoplastic type. Parking stalls shall be
delineated with 100 mm wide x 2.5 m long white lines with 300 mm returns. Railway "X" shall be in
accordance with Figure 46 of Book II of the Ontario Traffic Manual.
The Contract Administrator shall provide drawings designating the location of the parking stalls and
regulatory line delineation and symbols.
REMOVE AND REPLACE ENTRANCE CULVERT AND PLACEMENT OF PROPOSED OF
CULVERT, 600 mm DIA. (2.0 mm GAUGE) (provisional) - ITEM NO. Hl4 (c)
450 mm DIA. ENTRANCE CULVERT (2.0 mm GAUGE) (provisional) - ITEMS NO. G14, Hl4 (a)
AND HI4(b)
Payment shall be made under these Items for the removal of entrance culverts, disposal of pipe materials
off the site and the supply and placing of 450 mm to 600 mm plain galvanized corrugated culvert pipe.
Restoration of entrances shall be paid for under the respective Items for such work. The unit price bid
shall include for supply and placing of granular backfill, as required.
The cross culvert shall also include for the provision of frost tapers including excavating, disposal of
excess material and granular backfill.
All culverts shall be riveted and have a wall thickness of a minimum of2.0 mm.
ASPHALT CEMENT PRICE ADJUSTMENT - ITEM NO. II
Payment shall be made under this Item for payment adjustment for asphalt cement placed in the Contract
in accordance with Clause No. 28 of the Special Provisions - General.
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2008-11
DESIGN GUIDELINES
SECTION 900
INSPECTION/CONSTRUCTION
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SECllON 900 INSPECTION, MATERIALS AND CONSTRUCTION-J6
Ul GENERAL
I . (JI These guidelines ~ to be used in conjllllCtion with the condilions set out in the
Subdivision Agrecmcm, in partic;ular Schedule "... -Duties of Owner's FJ1gineer and
Schedule "l "-ReguIatioos fOr Construdion.
I .02 The Owner's Consulting Engineer shall provide fuU-time inspection and supervision of
all Worts.
1.03 The Consulting Eugineer shall take extensive JlRCOII$tructioo pholos of surro.Jding
lands, and shall provide daledfdescnOed copies of such pholographs 10 the Municipality.
1.04 Construction siles ~ 10 be mainlained to prevenl llnocr...sny poDding of water.
1.05 Prior to requesting the inspections (or re-inspectioos) from the MlIlIicipalily, the
Consulting Engineer shall verifY the proper completion of the Wods, and sulJmil a
written request.
1.06 All equipment, materials and methods involved in trenCh backfill, filling, gtamlars,
COncrete and asphalI shall be monitored and Certified as acceptable by the OWDeI's
Geolechnical Engineer (see alt3ched fonn). Unless noted othenvise, lite lenn "compacted"
shall mean 95% Slandanl Proctor or higba- (native materials) and 98% Slaodard Proctor or
higher (granular materials). Such certification shall be in a IOrm acceptable to the Director
and shall include all supporting documenlalion and test results. Mix designs lOr roncrete
and asphaIl shall be oblaioed and "PProved by the Geolechnical Engineer. The
Geoledmical Engineer shall ensure lItal the type, frequency, location and results of alllests
is sufficienllo ensure certification. Furthennore, the Geoteclmical Engineer shall ~ all
resulls for a given slage of conslruclion are acceptable prior 10 commencing the next slage
of construclion.
2.0 STORM SEWERS
2.01 All malerials shall be visually inspected by the Consulting Engineer upon delivery, 10
ensure conformity with specificalions and the approved engineering drawings, and to
ensure any damaged/substandard material is maIled and removed from the sile
immedialely
2.02 Installalion of slonn sewers shall be conlinually monilored for adherence 10 proper
bedding, pipe laying, backfilling and compaclion procedures. All slorm sewers,
calchbasins and manholes shall be construcled true 10 line and grade. Street catchbasins
are 10 be installed in precise alignmenl with cwtJ lines, and no lolerances will be
permitted Rear yard calchbasins shall be accuralely surveyed and verified by the
Consulting Engineer for correct location prior 10 lite issuance of a Certificate of
Completion The precasllops of manholes and catchbasins shall be checked for excess
brickwork prior 10 roadbuilding.
(
INSPECTION, MATERIALS AND CONSTRUCTlON-37
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2.0] Trench widths shaD be lept at a minimum, wbile JIIQlidiag proper widths to eaable
mechanical COIIIplIction. AD trenching must adhere to MiDisUy of Labour~.
2'()4 Manholes arc to be baclfillcd with <:ompacted sand, ex1codiog miD. 1.0 m ..... the
outside face of the sCructIm:. (Catchbasins miD. 300mm fiom the face of the A......,,).
2.05 House COIIJ1C:Ctioq; shall maid U m ioto the lots and be plugged with approved
removable plugs. 8eddiog shaU be as per approved sl.anIbnI4nwing. T ces sballIe In-
manufactumJ for pipes 450mm diameter and smaller, ClOICd (on site) if S2.5DUD diameter
or larger, and shaD be SCCIIR: and watertight. The invat of alItces sbalI be located above
the springlioe of the sewer maio and sbalI be a minimum of 600mm from the aearcst
adjacent tee or joiut, unless approved otherwise.
2.06 Concrete pipes iotwout of maohoIes shall be concrete cradIcd precisely to the firnt joint.
2.07 All storm sewers, iocluding street and rear yanl catchbasin leads (and individual service
laterals where directed), sball be inspected using approved high quality video recording
equipment and procedwes. The inspectioo sball be carried out in a manner acceptable to
the Municipality and all video tapes shall be submitted to the Municipality fur review and
permanent storage. Video re-inspections may also be requested.
2.08 Infiltration sball not be permitted into the stonn sewer system. All leaks shall be
investigated to determine their source and shall be corrected to the satisfaction of the
Municipality.
2.09 Pipes which have failed in any manner, including cnctiog (O.3mm design loading cracks
excepted), exposed reinforcing or other defects, shall lit removed and replaced 10 the
satisfaction of the Director. No repairs shall be undertaken without the consent 3Dd the
direct supervision of the Municipality_
3_0 BACKFILLING, GRADING AND GRANULAR ROAD BASE
3.01 Backfill containing organic or frozen material, or excessively moist material which
cannot support conventional compaction equipmenl, shall be deemed unsuitable and shall
nol be used. The iniliallift of nalive backfill shall not exceed 10 m in depth above the
compacted sand cover over the storm sewer 3Dd each additional lift shall be placed in
layers nol exceeding 300mm loose measurement (unless pre-authorized by the
Geotechnical Engineer). Each lift shall be compacted until it has achieved the specified
density before any additional lifts are placed.
3.02 Backfilling operations shall follow pipe installation as closely as possible and be limited
to 75 melres of open trench maximum.
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INSPECTION, MATERlA.LS AND CONSTRUCTION-18
3.03 The GeotecIuaiaI Eogineer sbaII docImeot all lesls, including failllRS and mests, in
sequenlia1 on1cr, COlIliDuousIy throughout lbc project. A copy of all test results sIIa11 be
kept at lbc site lniIer, in addition to providing daily plotting of all test n:sults on Ibc plan
and profile drawings.
3.04 The CoosuIcing P'lgi....,. sbaU ensure lbat <<be subgrade is fine graded to <<be com:ct
width, and lbat <<be minimum J% aossfall is consisteady maiutained, willi DO
longitudinal ruts pc:IDIitted. The Geotecbnical Eagincer shall employ 1pJn"",i3le testing
measures to assess lbc suitability of lbc 5Iilgrade, inc1uding proof-rollin& and sbaU ma1ce
appropriate recommend.ation to lbc Consulting F.ugineQ- and Municipality. Whcoever
possible, 1or~1;7.ed soft 3re3S in <<be subgrade slWl be RpIaccd with suitable native
material, not granular material. When 3dditiooal gI3nUbrs must be used, they shou1d be
considemd 00 a street by street basis. Subdrains ~ then be loweml acconl~Iy, and
I 0: I frost tapers must be provided.
3.05 Subdrains shall be installed only after <<be subgrade has been proof-rolIed and lite road
structure has been fmaJized. Subdrains shall be installed true to line and grade, in a
trench condition, and shalt be bacldilIed wilh 3pproved granular material having
aggregates not ellN>Mi"g 19mm. All subdrains shalI be supplied with a filte.- sock.
3.06 The Geotechnical Engineer shall confinn (in a form acceptable to the Municipality) the
acceptability of each stage of roadbuilding prior to SUbsequenl stages commencing.
Subsequent stages of road construction shall oot proceed without approvol from
Mtmicipal slat[
3.07 After base curbs are iDSlalled, all Granular B must be regraded and verified by Municipal
staff prior to placing Granular A. (Any Granular A placed prior to base curbs shall be
considered Granular B)
3.08 Granular material shall be tested in accordance wilh the latest O.P.S.S. specifications.
Material shall be tested at the pit and also as il arrives on site. Materialoot confonning to
the specifications shall be rejected and removed from sileo
4.0 CONCRETE WORKS
401 Concrete to be supplied by MTO approved sources only. All concrete shall be
monilored and all applicable tests (compressive strength. slump, air entraimnent, etc.)
shall be carried out by the Geotechnical Engineer as specified in accordance with the
applicable OPSS and ASTM specifications Any malerialoot meeting specifications
shall be rejected immediately
4.02 All concrete to be placed as per the Municipality's Standard Drawmgs. Contraction joints
shall be in accordance with the Municipality's standard drawings and shall be completed
as early as practical and before any initial cracking occurs. Large cracks or several
INSPEmON, MATERIALS AND CONSTRUmON-39
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(
smaller aacks between COOlradiOll joiots in aabs wiI n:quiJe removal and rcpIacaocnt
of that sectioa of curb. Sidewalb with cIistinct aacb will a1so require Rplacemc:ut
4.03 Curing COIIIpOlIDd shall be generously applied to all exposed coacrete surfaces, n:pdless
of ambient t~..lftS or seasoa, between I and 2 bolIn of finishing.
4.04 All cwbs to be placed IISiog approved curb IJlaCbines. Excess coacrete formed during
curb machine placelDent shall be promptly trimmed and mnoved prior to settiag. 11le
minimum length of cwb to be removed and Rp1aced shall be 15 m. No COlICRte patch
repairs sba1I be permitted.
4. OS Prior to placaueot of lop curb, base cwb shall be cleaned and then inspected by
Municipal staff. Base cwb and stirrups shall be repaired utdIor replaced as directed.
4.06 The depth of top cwb at the edge of pavement shall not be less than 100mm and shall be
continually verified by the Consulting Engineer.
4.07 Immediately prior to the placement 0 f lop curb or sidewalk, the existing surface shall be
dampened with water to ptnenlleaching of moistare &om the fiesh concrete.
4.08 Driveways to be as per approved house siting pl3IJS, with minimum widths of 4.6m for
single detached barnes.
5.0 ASPHALT PAVEMENT
5.0 I All asphalt pavement materials shall be supplied by MTO approved sources, in
3C<:ordance with OPSS 310, 1003 and 1150 (latest revisions thereof).
Marshall/extraction/density tests shall be carried out by !be Geotechnical Engineer in
accordance with OPSS and relating to !be approved mix design. Note: Provincial and
Municipal projects differ with respect to contract administration, paving project sizes,
Quality Control/Quality Assur.mce procedures and testing freA:Juencies. As such, several
OPSS specifications are not appropriate for Municipal use and shall not apply, as
determined in the sole discretion of the Director.
Since currenttesling methods do not enable ongoing monitoring (and therefore corrective
action) of the asphalt, !be onus shall be on the asphalt suppliers and contractors to ensure,
through their own Quality Control methods, that their product meets the basic standards
with no exceptions for 'borderline' test results permitted Any reference to 'borderline'
or to taking 'immediate corrective action' based on notification of laboratory test results
shall be deleted and the product deemed unacceptable. le.OPSS OJ 1008.04.02 which
permits air voids beyond acceptable limits, provided the contractor takes 'immeaiilte
corrective action' shall not apply. Unacceptable work shall be immediately removed.
Financial compensation using MTO formulas (to offset service life reduction in
borderline work) may be considered, at !be sole discretion of the Director, provided such
amount is calculated by the Consulting Engineer, and all pallies are in agreement.
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INSPECl10N, MATERIALS AND CONSTRUC110N--40
5.02 Prior to placing SlBface asphalt, b3se asphalt shaIJ be swept dean of all dirt, debris and
dust Areas of base aspbaIt shaU be ranoved and IqlIICed as dim:tcd, using a vaticaI
sawcut at all peo~ers. The use of a Geo-Grid or lIpproved equivalent IlIaJ also be
directed by the MlIIicipaIity. Low areas sbaD be padded to ensure a surface mal of
unifonn thidmcss.
5.03 Each manhole is to be precisely raised to final grade, and verified by the Developer's
Consulting Eugioecr and Municipal staff
5.04 Tack coat shall be lIpplied just prior to surface paving opmtions and shall be aDowed to
dry until it is in a JlIUpec condition of bclUoess. The Ieogth of roadway fII"JH1..d shall be
limited to the immediate paving section, to reduce Iractiog. It shaII be evcoly lIppIicd at
the rate of 0.4 lilreslsq. m taking care DOt to spny cwbs, sidewalks or any odter adjacent
surfaces.
5.05 Driveway paving sIuIl be fully inspected and verified for depths of stone and asphalt, and
the compaction thereof, and ensuring that asphalt is at a sufficient lemperature lOr
placement. Hl..3A (HLJF) wiD not be penniUed, except in special cases with the
approval of the Director. Crowning or rounding of the limestone will not be permitted.
Materials testing may be required ror driveway apron gravel and asphatt, as directed.
6.0 TOPSOIL, SODDING AND SEEDING
6.01 All areas requiring sod shall fIrSt be fme graded, inspected by the Consulting Engineer,
then prepared with lOOnun o'f good quality topsoil. Topsoil and sodding shall meet the
requirements ofOPSS 570 and 571, in addition to meeting any additional requirements
set out in these specificatiollS. Boulevards shall have 2% positive drainage towanllhe
curb and shall be fully sodded, except in areas covered by driveway aprons or sidewalk.
6.02 All topsoil shall be &ee from native till or clay, roots, vegetation, weeds or debris, stones
and clods over 50mm in diameter. Imported topsoil, if required, shall be fertile, loamy,sscreened material of a quality acceptable to the Director (containing approximately 4%
organic matter for clay Ioams and 2% minimum organic matter for sandy loarns with
acidity range of 6.0 PH) Topsoil infested by the seeds of noxious weeds will not be
acceptable
6.0J All sod shall meet the requirements of Ontario Sod Grower's Association No. I Bluegrass
Fescue Nursery sod. The sod shall be taken from good loamy soil and shall be healthy,
well permeated with roots, have uniform texture and <lppearance and be free from weeds.
Sod must be laid within thirty-six (36) hours of being cut. Care must be taken during its
transportation and placement to prevent any drying out. Sod shall match nush with all
adjacent surfaces and shall have no open g<lps, overl<lpping edges or uneven joints.
Where adjacent or fronling lands have already been sodded, care must be taken to ensure
..
\
INSPECllON, MATERIALS AND CONSTRUrnON-41
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drainage is 1P3int~ aad a $I11OOtb transition is achieved On slopes 3: I and steeper,
sod shall be stated as mpred.
6.04 Laid sod shall be Unm..tialely rolled to produce an eveu SI8face and ~ sbaII
commence immcdiafely daereafta- and sbaII COOCiuue 011 a repJ.- basis IIIIliI beaIlhy roots
are well estabIisIacd and JIQIIUDeut. If sod fails to eslabIim immediately, it sbaU be
removed and RpIaced. No attempt sbaII be made to by to R:-eQab1ish weak/dead sod
through continual w3tering, unless specific penuissioo is granted by the Dim:tor. The
entire wort shall be done in a lhorougbly wodnwilile manner with an even surface, and
professional in lIppCao-..;. Any sod deemed unfit by the Director sh.aII be immediately
removed from site and replaced. In this regard, it is in lhe best interest of the oootractor
to conlDlllllicate with n:sidents regarding the needs of newly laid sod ova- the first year.
6.05 Where approved by lhe Municipality, hydnulic seeding and mulching may be perfonoed
provided that it coofonos to the Ontario Provincial Sbodard Specification No. 572.
II
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-11
STANDARD DRAWINGS
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STANDARD NO.
OPSD- 310.060
400.010
803.030
803.031
C- 302
305
307
309
311
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2008-11
DESCRIPTION
CONCRETE PEDESTRIAN CROSSOVER
CAST IRON, SQUARE FRAME WITH SQUARE OVERFLOW TYPE DISHED
GRATE FOR CA TCHBASINS, HERRING BONE OPENINGS
FROST TREATMENT - PIPE CULVERTS FROST PENETRA nON LINE
BELOW BEDDING GRADE
FROST TREATMENT - PIPE CULVERTS FROST PENETRA nON LINE
BETWEEN TOP OF PIPE AND BEDDING GRADE
STANDARD CURB AND GUTTER
CURB AND GUTTER AT CA TCHBASIN
STANDARD CONCRETE SIDEWALK
DRIVEWAY APPROACH FOR RESIDENTIAL DRIVEWAYS
SURFACE PAVEMENT JOINT TREATMENT
P:\Dept 12\ 12-29699\Specs\29699-StandDraw.doc
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Composite pavement
At
Rubberized asphalt
joint sealer
Hot mix asphalt
Joint spacing
3.0m mox
Curb and gutter, Typ
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,
--+--
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flexible pavement
j8
PLAN
. """ "'. t
. ."' '.. .. . "..
: '. ", ":l'G;anUlar SUbb~~~ j , :.-
as specified
- . l"
A"'. ".- - . oJ'..
Concrete
Expansion joint with
dowel bar and cap
Notes 1 and 2
. & .'
COMPOSITE PAVEMENT
SECTION A-A
Rubberized osphait
joint sea ler
Hot mix asphalt
.....
:<(. .",' . ......: ~..~
. . .. \ ,. ......
" '".
Granular
FLEXIBLE PAVEMENT
SECTION B-B
NOTES:
1 For expansion joint detail, see OPSD-552.020.
2 Dowel bar with cap shall be installed ot 300mm centres.
A All dimensions are in millimetres unless otherwise shawn.
ONTARIO PROVINCIAL STANDARD DRAWING
CONCRETE PEDESTRIAN
CROSSOVER AT
SIGNALIZED INTERSECTIONS
Noy 2005
OPSD
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17
25
DRIVEWAY DEPREssION
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STANDARD CURB AND GUTTER
R-2 17
DRN'EWAY DEPRESSION
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NOTES
1 Concrete sholl conform to OPSS specifications (30MPo, 7% :1:1.5% air).
2 Contraction joints every 3.0m (maximum). Sow-cuts to be 25% of totol depth.
3 Curing compound is to be sprayed on within one hour of finishing.
4 Additional width required where curb is adjacent to sidewalk.
All dlmenalont: al1l In mlUImetr.s un.... othwwl.. noted.
Serrices De ~ent
-NO.
-.....
-
STANDARD CURB AND GUTTER
--
APRIL 2004
C-302
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CURB ENOS TO BE W<lE VERI1CAl (fUlSH)
AT lIME Of ~ lOP CURB TO BE
J.UGHED ACCURATaY WfTH BASE CURB.
~..
...TOP AND
8CJT1OU ROWS OII..Y
(..........AC1URER'S -....r TAPE ;,'
IIEIWEEN ROWS)
1.2m
FUll. 0EP1M
EXPANSION JOINT
\ CD FlWlE TO BE CORREcn:7
AUGNED WfTH PRECAST
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SECTION B-B
NOTES
1 For grate specifications see OPSD 400,010,
2 Stage I - temporary asphalt filler around cotch basin including full curb,
3 Stage II - remove aspholt filler and complete curb in one pour.
Mu
a<m<m
All dlmenslomi ore In mIIHmetru unl... otherw'" noted.
on
-
--
APRIl 2004
_II>
--
Services De artment
CURB AND GUTTER DEl AIL
AT CATCH BASIN
C-305
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JOINTS AND WHERE SIJ<W.\U( AIlUTS _ RIGlO
SIR\JClURE
- -
1.8
1.5
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t:mES
1 Use 100mm compacted granular 'A' if native material is deemed unacceptable by the Municipality.
2 Subgrade material to be well compacted, then dampened immediately prior to pauring sidewalk.
3 Concrete shall conform to OPSS specifications (30MPa, 7% :t 1.5% air).
4 Curing compound to be sprayed on sidewalk within 1 hour of finishing.
5 Expansion joints to be be placed full depth of sidewalk.
6 Contraction joints to be 25% of full depth of sidewalk.
7 Surface of sidewalk to have a broom finish.
All dlmenalonl GA In mehw un.... otherwfH not".
Clarin on
Services De artment
-...
--
STANDARD CONCRETE SIDEWALK
__ 2004
C-307
REFER TO APPR<MD
HOUSE smNG PlNI
(lIAX. 6.0m)
~.3m WRIICM. TAPER
/ ~. 1.Om _ PROPOllT UN[
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..... 150mm CfW<<.Jl..NI: -A- OR
CRUSHER .... LIMESIllNE:(~>CIEO)
COIlPACTEO SU8GAAOE
SIDEWALK SIDE OF STREET
:c.C';;~;';''''i';'<''-::;:~;~~'~;:'''::'':'"'''';'V;(''';'''- :':':;;:i..'~:~" ,,;,.,,<~
COIlPACTEO SUIlllRAllE:
NON SIDEWALK SIDE OF STREET
M
All dlmem:lon8 an In mUJlmet,... un.... otherwlM noted.
Clarington
....
APRIl 2004
DRIVEWAY APPROACH FOR
RESIDENTIAL DRIVEWAYS
S1REEf
UN[
S1REEf
UN[
Sernces De ~ent
""""'NO.
""""'DO<;
C-309
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BASE ASPtW...T JOINJ
EXISONG SURFACE ASPH.tLT
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PROPOsED PAVEWEHT
100
TO BE ROlO'I'EIl
<Omm HL:I
AU. EDGES TO BE
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BflUllNOUS DlUl.SION
SECTION A-A
All dlmenalOM 0,.. In mUllmefret u...... otherwise noted.
--
EXISTlNG PAVEtAENT
EXISJIlIG PA\IEWEHT
Sernces De arbnent
-lOll
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SURFACE PAVEMENT JOINT TREATMENT
--
__ 2004
C-311
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PHASE ONE
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OAAwmG
SITE LOCATIONS
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CHECKElJay
PIlOJECTNo.
JUNRtJI1
OESIGNEll8v
12-29699
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-11
GEOTECHNICAL INVESTIGATION
(Borehole Logs)
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PHASE ONE
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DRAWING,
~~
architects
planners
TOllel1Sims HubickiAssociatos (1997) Lirniled
BOREHOLE LOCATIONS
r-1~)
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Metcalf Street
Queen Victoria Street
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Sou Iton Street
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PREPARED BY CKECKEOBV' PROJECT 1<0
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OESIGNED&Y' APPAOVEOBY' MAP 1\10
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1.5.000 MAACii.2008
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2~ F@b 2008 16:06
V.A.Wood Assoc. Ltd.
416-292-5375
p.6
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Ihfernce No : S255.7~1211 Borehole No . 1 IEadoIUI'C' No: 2
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cu.. : M..lclpality of <:I...... clo TSII
Projcrt : PfA'ement Re..biUtJIIllio. Mtdlod : A~u
LDaition : MDt Street s..t", Jl&w1llAln'iJk ......dtr : 110IIIDI
D.hlm Klnal_ : Dale: ).'una" 15~ 1008
SUBSURFACE PROnLE SAMPLE
E Sqacsard Water %
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a.m._ No : S25S-7-IZH Borehole No . 2 E.doAIrt No : J
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Client: M.aldplllltJ ufClarblcto_ c/o TSIl
Project : P~emetlt Re..bilitldGa. Mcthd : Allier
l..oeatiua : Mill Street S..t., Bow_anvil.. IN....r : 110..
DatYm ElnatiOll : Date :"'~br..ry 15.2008
SUBSURFACE nOmE SAMPLE
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2~ Feb 2008 16:06
V.A.Wood Assoc. Ltd.
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Rcfenacc N.: 5Z5~7-1ZH
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416-292-5375
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28 Feb 2008 16:07
V.A.Wood Assoc. Ltd.
p.9
RderftCC No : S25~1-I1H
CIi... : M..ld....iIJ of 0........ <10 TSII
Projed : hn~nt ...biII.....
Locatio: Mill StJ'<<t So...., BowIlUlDville
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416-292-5375
p.l0
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Rcfrrclltt No: 5155-7-12H Borehole No . 5 EMIosve N. :,
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Datu. tlevatlo. : Dale: J'tb....ry 25., MI
SU &SURF ACE PROfiLE SAMPLE
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SUIISURJ;ACE PROI'II.I: SAMPLE
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lAcrioa : Mill Stn!d ~ HcnrlllMlwllc
Datu. E&c"atioe :
SlLTYCLAY
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bro..... wet
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416-292-5375
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Borehole No : 6
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Mdhod : .J\"I{lf'r
DiMI... : 110...
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Date: February J5, 2001
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Feb 2008 16:08
V.R.Wood Assoc. Ltd.
416-292-5375
p.12
a.......... N.: SZ55-7-IlH Borehole No: 7
Clitat : M.nkipaUty of Cbrinctoll do Tsn
....jut : Panmeat RmabiJit.tien
Location: Mill Street Soutll, JkrwllWlviUe
Dahl. BIev......:
E_ckNiure No : 8
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2008-11
OPS GENERAL CONDITIONS OF CONTRACT
(November 2006)
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,
ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
(September 2006)
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Ontario Provincial Standards
for
Roads and Public Works
METRIC
OPSS.MUNI100
November 2006
OPS GENERAL CONDITIONS OF CONTRACT
Table of Contents
SECTION GC 1.0 -INTERPRETATION
GC 1.01 Captions ................................................................................................................. 6
GC 1.02
GC 1.03
GC 1.04
GC 1.05
GC 1.06
GC 1.07
GC 1.08
Abbreviations............................................................. ............ ............ .................... 6
Gender and Singular References .......................................................................... 6
Definitions ................ .......... ....................... ....... ........ .......... ..... ............................... 6
Substantial Performance............... .......... ........... ........... ...... ...... .............. ............. 11
Completion................ ............. ...... ........................... .............. ......................... ...... 11
Final Acceptance ................................................................................................. 11
Interpretation of Certain Words............................................................................ 11
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
GC 2.02
Reliance on Contract Documents ........................................................................ 12
Order of Precedence......... ................. ............ ............ ..... ... ................. ................. 12
SECTION GC 3.0 -ADMINiSTRATION OF THE CONTRACT
GC3.01
GC 3.02
GC 3.03
GC 3.04
GC 3.05
GC 3.06
GC 3.07
GC 3.08
GC 3.09
Contract Administrator's Authority ....................................................................... 14
Working Drawings ..................... ........ ..... ....... ............ ...... ...... ....... ........................ 15
Right of the Contract Administrator to Modify Methods and Equipment.............. 16
Emergency Situations ....... ............................ ............. ........... ........ .................. ..... 16
Layout ........ ..... ............... ........ ............................. ............ ........ ............................. 16
Extension of Contract lime.................................................................................. 16
Delays. ........ ...... ...... .......... ......................... ....... ......... ........ .............. .................... 17
Assignment of Contract........................................................................................ 17
Subcontracting by the Contractor ........................................................................18
Pagel
Rev. Date: 1112006 OPSS.MUNll00
GC3.10
GC 3.10.01
GC 3.10.02
GC3.10.03
GC3.11
GC 3.12
GC3.13
GC 3.13.01
GC 3.13.02
GC 3.13.03
GC 3.13.04
GC 3.13.05
GC 3.13.06
GC 3.13.07
GC 3.14
GC 3.14.01
GC 3.14.02
GC3.14.03
GC3.14.04
GC 3.14.05
GC3.15
Changes.. ......... ... ...... ... ...................... .......... ............. ..... ..................... ................. 18
Changes in the Work ........................................................................................... 18
Extra Work ........................................................................................................... 19
Additional Work .................................................................................................... 19
Notices ................................... ............ ........... .................. ............ ......................... 19
Use and Occupancy of the Work Prior to Substantial Performance.................... 19
Claims. Negotiations. Mediation ..........................................................................20
Continuance of the Work ..................................................................................... 20
Record Keeping ................................................................................................... 20
Claims Procedure. ................... ................... ......... ...... .................... ...................... 20
Negotiations. .......... ......... ............. .......... ............ ........... ......... .............................. 21
Mediation.......... ......... ...... ......... .................... ......... ......... ...... .............. .................. 21
Payment ............................................................................................................... 21
Rights of Both Parties .......................................................................................... 21
Arbitration................ ......... .................. ........ ............ ...... ........... ............................. 21
CondRions for Arbitration .....................................................................................21
Arbnration Procedure ........... ................. ........ .......... .................... ..... .................... 22
Appointment of Arbitrator ..................................................................................... 22
Costs.............. ................... .................. ............. ............. ................................ ....... 22
The Decision .......... ............... ................. .............. ......... ...... ................................. 23
Archaeological Finds. ...... ...... ..... .................... ...... ..................... .......... ................. 23
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SECTION GC 4.0 - OWNER'S RESPONSIBllmES AND RIGHTS
GC 4.01 Working Area ....................................................................................................... 24
GC 4.02 Approvals and Permits......................................................................................... 24
GC 4.03 Management and Disposition of Materials........................................................... 24
GC 4.04 Construction Affecting Railway Property ............................................................. 25
GC 4.05 Default by the Contractor ..................................................................................... 25
GC 4.06 Contractor's Right to Correct a DefauR................................................................ 25
Page 2
Rev. Date: 1112006 OPSS.MUNI100
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GC 4.07
GC 4.08
GC 4.09
GC4.10
GC4.11
GC4.12
GC4.13
Owners Right to Correct a DefauIL.................................................................... 26
Tennination of Contractor's Right to Continue the Work ..................................... 26
Final Payment to Contractor ................................................................................ 26
Tennination of the Contract................................................................................. 26
Continuation of Contractor's Obligations ............................................................. 27
Use of Performance Bond.................................................................................... 27
Payment Adjustment............................................................................................27
SECTION GC 5.0 - MATERIAL
GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
Supply of Material................................................................................................28
Quality of Material................................................................................................ 28
Rejected Material. .......................... .................... ........... ..... ....... ..... ......... ,............ 28
Substitutions..... ................ ................... ................................................... ..............29
Owner Supplied Material. ........ ..... ................................................ ........................29
Ordering of Excess Material.................................................................................29
Care of Material... .......................... ..... .................... .............................................. 29
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.04.01
GC 6.03.04.02
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.04
Protection of Work, Persons. and Property .........................................................31
Indemnification .................... ..... ........ ............ ..... ........... .............. ........ .................. 31
Contractor's Insurance .......... ....... ....... ........................... .............. ............... ......... 32
General......... ..... .......... ............... ......................... ................. ........ "..... ................. 32
General Liability Insurance .................................................................................. 32
Automobile Liability Insurance ............................................................................. 33
Airaafl and Watercraft Liability Insurance ........................................................... 33
Airaafl Liability Insurance.... ............. ......... ................ ................... ................. ...... 33
Watercraft Liability Insurance............................................................................... 33
Property and Boiler Insurance ............................................................................. 33
Property Insurance. .................. ........... ...... ...... ........ ....... ......... ..... ........ ...... .......... 33
Boiler Insurance....... ..... ........ ..... ......... ........... ............. .............. ................... ........ 34
Use and Occupancy of the Work Prior to Completion ......................................... 34
Payment for Loss or Damage .............................................................................. 34
Page 3
Rev. Date: 1112006 OPSS.MUNI100
Page 4
Rev. Date: 1112006 OPSS.MUNll00
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GC 6.03.06
GC 6.03.07
GC 6.04
GC 6.05
Contraclor's Equipment Insurance........ .......... ........... ....... ......... ... ... .................... 35
Insurance Requirements and Duration ....................:........................................... 35
Bonding ... ... ... ...... ..... ...... ........ .......... ... ......... ......... ..... ..... ..... ...................... ... ....... 35
Workplace Safety and Insurance Board .............................................................. 36
SECTION GC 7.0 - CONTRACTOR'S RESPONSlBllmES AND CONTROL OF THE WORK
GC 7.01 General..................................................................................................................37
GC 7.02 Layout.........................................,..........................................................................39
GC 7.03 Working Area ...........................................,.............................................................39
GC 7.04 Damage by Vehicles or Other Equipmenl.............................................................40
GC 7.05 Excess Loading of MoIor Vehicles.........................................................................40
GC 7.06 Condition of the Working Area...............................................................................40
GC 7.07 Maintaining Roadways and Detours ......................................................................40
GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .......41
GC 7.09 Approvals and Permits...........................................................................................41
GC 7.10. Suspension of Work...............................................................................................42
GC 7.11 Contractor's Right to Stop the Work or Terminate the Conlract........................:...42
GC 7.12 Notices by the Contractor ......................................................................................42
GC 7.13 Obstructions ...........................................................................................................43
GC 7.14 Limitations of Operations .......................................................................................43
GC 7.15 Cleaning Up Before Acceptance............................................................................43
GC 7 .16 Warranty.................................................................................................................43
GC 7.17 Contractor's Workers .............................................................................................44
GC 7.18 Drainage.................................................................................................................44
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01 Measurement....................................................................................................... 45
GC 8.01.01 Quantities .............................................................................................................45
GC 8.01.02 Variations in Tender Quantities............................................................................ 45
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GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 8.02.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8.02.03.06
GC 8.02.03.07
GC 8.02.03.08
GC 8.02.03.09
GC 8.02.03.10
GC 8.02.03.11
GC 8.02.03.12
Payment ...............................................................................................................46
Price for Work ...................................................................................................... 46
Advance Payments for Material...........................................................................46
Certification and Payment .............. ....... ............... ............ ......... ... ............. ... ........ 47
Progress Payment Certificate .............................................................................. 47
Certification of Subcontract Completion ..............................................................47
Subcontract Statutory Holdback Release Certificate and Payment ....................47
Certification of Substantial Performance ............................................................. 48
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates .............................................................48
Certification of Completion...................................................................................49
Completion Payment and Completion Statutory Holdback Release
Payment Certificates............................................................................................ 49
Interest .... ........... ..... ............... ............ ....... ............. ........ .................... .... .............. 50
Interest for Late PaymenL..................................................................................50
Interest for Negotiations and Claims.................................................................... 51
Owner's Set-Off....................................................................................................51
Delay in Payment.................................................................................................51
GC 8.02.04 Payment on a Time and Material Basis ............................................................... 51
GC 8.02.04.01 Definitions ........... ...... ...................................... ... .......... ............................ ....... ..... 51
GC 8.02.04.02 Daily Work Records ............................................................................................. 52
GC 8.02.04.03 Payment for Work ................................................................................................53
GC 8.02.04.04 Payment for Labour ............................................................................................. 53
GC 8.02.04.05 Payment for Material............................................................................................53
GC 8.02.04.06 Payment for Equipment .......................................................................................53
GC 8.02.04.06.01 Working Time .................................................. ..................................................... 53
GC 8.02.04.06.02 Standby Time ....................................................................................................... 53
GC 8.02.04.07 Payment for Hand Tools ...................................................................................... 54
GC 8.02.04.08 Payment for Work by Subcontractors .................................................................. 54
GC 8.02.04.09 Submission of Invoices ........................................................................................54
GC 8.02.04.10 Payment Other Than on a Time and Material Basis............................................ 55
GC 8.02.04.11 Payment Inclusions ..............................................................................................55
GC 8.02.05
GC 8.02.06
GC 8.02.07
GC 8.02.08
GC 8.02.09
Final Acceptance Certificate ................................................................................ 55
Payment of Workers ............................................................................................55
Records............. ...... ................ ....... ..... .................... ..... ... ... ................. .... ............. 55
Taxes ................................................................................................................... 56
Liquidated Damages... ..... .......................... ......... ........ ...... .................. .......... ....... 56
Page 5
Rev. Dale: 1112006 OPSS.MUNI100
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GC 1.01
SECTION GC 1.0 -INTERPRETATION
Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience
and for ease of reference only and in no way define, Iim~, or enlarge the scope or meaning of the
General Conditions or any provision hereof.
GC 1.02
Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organizations and phrases listed on the right:
"AASHTO"
"ACI"
"ANSI"
"ASTM"
"AWG"
"AWWA"
"CCiL"
"CESA"
"CGSB"
"CSA"
"CWB"
"GC"
"ISO"
"MOE"
"MTO"
"MUTCD"
OOPS"
"OPSD"
"OPSS"
"OTM"
"PEO"
"SAE"
"SCC"
"SSPC"
"UL"
"ULC"
GC 1.03
American Association of State Highway Transportation Officials
American Concrete Institute
American National Standards Institute
American Society for Testing and Materials
American Wire Gauge
American Water Works Association
Canadian Council of Independent Laboratories
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards Association
Canadian Welding Bureau
General Conditions
Intemational Organization for Standardization
Ontario Ministry of the Environment
Ontario Ministry of Transportation
Manual of Uniform Traffic Control Devices (Replaced by OTM)
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Ontario Traffic Manual
Professional Engineers Ontario
Society of Automotive Engineers
Standards Council of Canada
Structural Steel Painting Council
Underwriters Laboratories
Underwriters Laboratories Canada
Gender and Singular References
.01 References to the masculine or singular throughout the Contract Documents shall be considered to
include the feminine and the plural and vice versa. as the context requires.
GC 1.04
Definitions
.01 For the purposes of this Contract the following definitions apply:
Actual Measurement means the field measurement of that quantity within the approved limits of the
Work.
Addendum means an addition or change in the tender documents issued by the Owner prior to tender
dosing.
Page 6
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Additional Work means work not provided for In the Contract and not considered by the Contract
Administrator 10 be essential to the satisfaclory completion of the Contract within Its intended scope.
Agreement means the agreement between the Owner and the Contractor for the performance of the
Work that is included in the Contract Documents.
Base means a layer of material of specified type and thickness placed immediately below the pavement
wearing surface layers, curb and gutter, or sidewalk.
Business Day means any Day except Saturdays, Sundays, and statutory holidays.
Certlfk:ate of Subcontract Completion means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion.
Certificate of Substantial Perfonnance means the certificate issued by the Contract Administrator at
Substantial Performance.
Change Directive means any written instruction signed by the Owner, or by the Contract Administrator
where so authorized, directing that a Change in the Work or Extra Work be performed.
Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades;
dimensions; quantities; methods; drawings; substantial char\ges in geotechnical, subsurface, surface, or
other conditions; changes in the character of the Work to be done; or materials of the Work or part
thereof, within the intended scope of the Contract.
Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or
the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra
Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and
the time aOowed for the adjustment of the Contract Time.
Completion Certificate means the certificate issued by the Contract Administrator at completion.
Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contraclor who executes the
Contract.
Contract means the undertaking by the Owner and the Contractor to perform their respective duties,
responsibilities, and obligations as prescnbed in the Contract Documents.
Contract Administrator means the person, partnership, or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract
Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender,
General Conditions of Contract, Supplemental General Conditions of Contract, Standard Specifications.
Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the
execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent
amendments to the Contract Documents made pursuant to the provisions of the Agreement.
Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any
Subsurface Report, and any other reports and information provided by the Owner for the Work, and
without limiting the generality thereof; may include soD profiles, foundation investigation reports,
reinforcing steel schedules, aggregate sources lists, Quantity Sheets, and cross-sections.
Contract TIme means the time stipulated in the Contract Documents for Substantial Performance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
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Contractor means the person, partnership, or corporation undertaking the Work as identified in the
Agreement.
Controlling Operation means any component of the Work that, if delayed, may delay the completion of
the Work.
Cost Plus has the same meaning as "Time and Material."
Cul-otf Date means the date up to which payment shall be made for work performed.
Daily Work Records mean daily Records detailing the number and categories of workers and hours
worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and
description and quantities of Material utilized.
Day means a calendar day.
Dr_ings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working
Plans, or any reproductions of drawings or plans pertaining to the Work.
End Result SpecificaUon means specifications that require the Contractor to be responsible for
supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price
adjustment that is commensurate with the degree of compliance with the specification.
Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construction machinery and equipment.
Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context.
Extra Work means work not provided for in the Contract as awarded but considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope,
including unanticipated work required to comply with legislation and regulations that affect the Work.
Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final
Acceptance of the Work.
Final Detailed Statement means a complete evaluation prepared by the Contract Administrator shOWing
the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract,
including variations in tender items and Extra Work, all as set out in the same general form as the
monthly estimates.
Force Account has the same meaning as "Time and Materia!."
Geotechnical Report means a report or other information identifying soil, rock, and ground water
conditions in the area of any proposed Work.
Grade means the required elevation of that part of the Work.
Hand Tools means tools that are commonly called tools or implements of the trade and include small
power tools.
Highway means a common and public highway any part of that is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines thereof.
Lot means a specific quantity of material or a specific amount of construction normally from a single
source and produced by the same process.
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Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment is not based on a measured quantity, although a quantity may be given
in the Contract Documents.
Major Item means any tender item that has a value, calculated on the basis of its actual or estimated
tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than
the lesser of,
a) $100,000, or
b) 5% of the total tender value calculated on the basis of the total of all the estimated tender
quantities and the lender unit prices.
Material means material, machinery, equipment and fixtures forming part of the Work.
Owner means the party to the Contract for whom the Work is being performed, as identified in the
Agreement, and indudes, with the same meaning and import, "Authority."
Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch.
Performance Bond means the type of security furnished to the Owner to guarantee completion of the
Work in accordance with the Contract and to the extent provided in the bond.
Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
Project means the construction of the Work as conlemplated by this Contract
Quantity Sheet means a list of the quanlilies of Work to be done.
Quarried Rock means material removed from an open excavation made in a solid mass of rock that,
prior to removal, was integral with the parent mass.
Quarry means a place where Aggregate has been or is being removed from an open excavation made in
a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to
removal, was integral with the parent areas.
Rate of Interest means the rate of interest as determined under the Financial Administration Act by the
Minister of Finance of Ontario and issued by, and available from, the Owner.
Records mean any books, payrolls, accounts, or other information that relate to the Work or any Change
in the Work or claims arising therefrom.
Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes
the Shoulders.
Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing
surface and the top inside edge of the ditch or fill slope.
Special Provisions mean directions containing requirements specific to the Work.
Standard Drawing or Standard SpecificatIon means a standard practice required and stipulated by the
Owner for performance of the Work.
Subbase means a layer of material of specified type and thickness between the Subgrade and the Base.
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Subcontractor means a person, partnership or corporatiOn undertaking the execution of a part of the
Work by virtue of an agreement with the Contractor.
Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement
structure, consisting of Base, Subbase, and Pavement.
Subsurface Report means a report or other information identifying the location of Utilities, concealed and
adjacent structures, and physical obstructions that fall within the influence of the Work.
Superintendent means the Contractor's authorized representative in responsible charge of the Work.
Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.l.8, as amended, executing a bond provided
by the Contractor.
Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to
complete the Work.
Time and Material means costs calculated according to clause GC 8.02.04, Payment on a Time and
Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning.
Utility means an aboveground or underground facility maintained by a municipality, public utility authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil,
steam, data transmission, telephone, and cable television.
Warranty Period means the period of 12 months from the date of Substantial Performance or such
longer period as may be specified in the Contract Documents for certain Materials or some or all of the
Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence
on the date of Completion.
Work means the total construction and related services required by the Contract Documents.
Working Area means all the lands and easements owned or acquired by the Owner for the construction
of the Worle
Working Day means any Day,
a) except Saturdays, Sundays and statutory holidays;
b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by
inclement weather or conditions resulting immediately therefrom, from proceeding with a ControlUng
Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot
proceed with at least 60% of the normal labour and Equipment force effectively engaged on the
Controlling Operation for at least 5 hours;
c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as
determined by the Contract Administrator by reason of,
i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another
contractor hired by the Owner, or an employee of anyone of them, or by anyone else acting on
behalf of the Owner.
ii. non-delivery of Owner supplied Materials.
iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the
Contractor to the satisfaction of the Contract Administrator.
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Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the
execution of the Worl< and may, without limiting the generality thereof, include formwork, falseworl<, and
shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams.
GC 1.05
Substantial Performance
.01 The Worl< is substantially performed,
a) when the Work to be performed under the Contract or a substantial part thereof is ready for use
or is being used for the purpose intended; and
b) when the Work to be performed under the Contract is capable of completion or, where there is a
known defect, the cost of correction, is not more than
i. 3% of the first $500,000 of the Contract price,
ii. 2% of the next $500,000 of the Contract price, and
iii. 1 % of the balance of the Contract price.
.02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is
. being used for the purposes intended and the remainder of the Work cannot be completed
expeditiously for reasons beyond the control of the Contractor or, where the Owner and the
Contractor agree not to complete the Work expeditiously, the price of the services or materials
remaining to be supplied and required to complete the Work shall be deducted from the Contract
price in determining Substantial Performance.
GC 1.06
Completion
.01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correction of a known defec~ or last supply is not
more than the lesser of,
a) 1 % of the Contract price; or
b) $1,000.
GC 1.07
Final Acceptance
.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract
GC 1.08
Interpretation of Certain Words
.01 The words "acceptable," "approval," "authorized," "considered necessary," "directed," "required,"
"satisfactory" or words of like import, shall mean approval of, directed, required, considered
necessary, or authorized by and acceptable or satisfactory to the CorItract Administrator, unless the
context clearly indicates otherwise.
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SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the information fumished in the Contract Documents can be relied upon
with the following limitations or exceptions:
a) The location of all mainline underground Utilities that may affect the Work shall be shown to a
tolerance of:
i. 1 m horizontal, and
ii. 0.3 m vertical
.02 The Owner does not warrant or make any representation with respect to:
a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal
of the Contractor, whether or not such report is included as part of the Contract Documents, and
b) other information specifically excluded from this warranty.
GC 2.02
Order of Precedence
.01 In the event of any inconsistency or conflict in the contents of the following documents, such
documents shall take precedence and govem in the following descending order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Standard Drawings
g) Instructions to T enderers
h) Tender
i) Supplemental General Conditions
j) General Conditions
k) Working Drawings
Later dates shall govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a Drawing shall govem where they differ from dimensions
scaled from the same drawing;
b) Drawings of larger scale shall govem over those of smaller scale;
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c) Detailed Drawings shaH govern over general Drawings; and
d) Drawings of a later date shall govern over those of an earlier date in the same series.
.03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following
descending order of precedence shall govern:
a) Owner's Standard Specifications
b) Ontario Provincial Standard Specifications
c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and
referenced in the Ontario Provincial Standard Specifications
.04 The Contract Documents are complementary, and what is required by anyone shall be as binding
as if required by all.
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SECTION GC 3.0 . ADMINISTRATION OF THE CONTRACT
GC 3.01
Contract Administrator's Authority
.01 The Contract Administrator shall be the Owner's representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate, whichever
is later. All instructions to the Contractor, including instructions from the Owner, shall be issued by
the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of
the Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator
in writing by the Contractor.
.03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard
Specifications, and to record the necessary data to establish payment quantities under the schedule
of tender quantities and unit prices or to make an assessment of the value of the work completed in
the case of a lump sum price Contract.
.04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract
and shall issue certificates for payment in such amounts as provided for in Section GC 8.0.
Measurement and Payment.
.05 The Contract Administrator shall, with reasonable promptness, review and take appropriate action
upon the Contractor's submissions such as shop drawings, product data, and samples in
accordance with the Contract Documents.
.06 The Contract Administrator shall investigate all allegations of a Change in the Work made by the
Contractor and issue appropriate instructions.
.07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's
approval.
.08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly
conduct an inspection of the Work to establish the date of Substantial Performance of the Work or
the date of Completion of the Work or both.
.09 The Contract Administrator shall be. in the first instance, the interpreter of the Contract Documents
and the judge of the performance thereunder by both parties to the Contract. Interpretations and
decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and, in making these decisions, the Contract Administrator shall not show partiality to either party.
.10 The Contract Administrator shall have the authority to reject part of the Work or Material that does
not conform to the Contract Documents.
.11 In the event that the Contract Administrator determines that any part of the Work performed by the
Contractor is defective, whether the result of poor workmanship; the use of defective material; or
damage through carelessness or other act or omission of the Contractor and whether or not
incorporated in the Work; or otherwise fails to conform to the Contract Documents, then the
Contractor shall if directed by the Contract Administrator promptly remove the Work and replace,
make good, or re-execute the Work at no additional cost to the Owner.
.12 Any part of the Work destroyed or damaged by such removals, replacements, or re-executions shan
be made good, prompUy, at no additional cost to the Owner.
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.13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work
not performed in accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the Contractor the difference in value between the work as performed and that
called for by the Contract Documents, the amount that will be determined in the first instance by the
Contract Administrator.
.14 Notwithstanding any inspecijons made by the Contract Administrator or the issuance of any
certifICates or the making of any payment by the Owner, the failure of the Contract Administrator to
reject any defective work or Material shall not constitute acceptance of defective work or Material.
.15 The Contract Administrator shall have the authority to temporarily suspend the Work for such
reasonable time .as may be necessary:
a) to facilitate the checking of any portion of the Contractor's construction layout;
b) to facilitate the inspection of any portion of the Work; or
c) for the Contractor to remedy non-compliance in the case of such non-compliance with the
provisions of the Contract by the Contractor.
The Contractor shall not be entitled to any compensation for suspension of the Work in these
circumstances.
.16 The Owner has the light to terminate the Contract for wilful or persistent violation by the Contractor
or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace
Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act.
.17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as
defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator
shall provide written notice to the Contractor and the Contractor shall immediately remove the
worker from the Working Area. Such worker shall not return to the Working Area without the prior
written consent of the Contract Administrator.
GC 3.02
Working Drawings
.01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Documents.
.02 The Contractor shalf submit Working Drawings to the Contract Administrator with reasonable
promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or
the Contract Administrator so requests, they shall jointly prepare a schedule fixing the dates for
submission and return of Working Drawings. Working Drawings shall be submitted in printed form.
Al the tirne of submission the Contractor shall notify the Contract Administrator in writing of any
deviations from the Contract requirements that exist in the Working Drawings.
.03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed
upon schedule, or otherwise, with reasonable promptness so as not to cause delay.
.04 The Contract Administrator's review shall be to check for conformity to the design concept and for
general arrangement only and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requirements of the
Contract Documents, unless a deviation on the Working Drawings has been approved in writing by
the Contract Administrator.
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',';>(0:-:'
.05 The Contractor shall make any changes in Working.Drawings that the Contract Admillistrator may
require to make the Workillg Drawings consistent with the Contract Documents and resubmit, unless
otherwise directed by the Contract Administrator. When resubmitting, the Contractor shaH notify the
Contract Administrator in writing of any revisions other than those requested by the Contract
Administrator.
.06 Work related to the Working Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission
to construct granted..
.07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site
at all times.
GC 3.03
Right of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shall, when requested in writing, make aHerations in the method, Equipmen~ or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment.
.02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract
so as to avoid interference with work being performed by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
GC 3.04
Emergency Situations
.01 The Contract Administrator has the right to determine the existence of an emergency situation and,
when such an emergency sHuation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action or. if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall
pay for the remedial work.
GC 3.05
Layout
.01 The Contract Administrator shall provide baseline and benchmark information for the general
location, alignment, and elevation of the Work. The Owner shall be responsible only for the
correctness of the information provided by the Contract Administrator.
GC 3.06
Extension of Contract Time
.01 An application for an extension of Contract Time shall be made in writing by the Contractor to the
Contract Administrator as soon as the need for such extension becomes evident and at least 15
Days prior to the expiration of the Contract Time. The application for an extension of Contract Time
shall enumerate the reasons, and state the length of extension required.
.02 Circumstances suitable for consideration of an extension of Contract Tune include the following:
a) Delays, subsection GC 3.07.
b) Changes in the Work, clause GC 3.10.01.
c) Extra Work, clause GC 3.10.02.
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GC 3.10.02
Ex1ra Work
.01 The Owner, or Contract Administrator Where so authorized, may instruct the Contractor to perform
Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with
the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change
Order or Change Directive the Contractor shall proceed with the Extra Work.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection
GC 3.06. Extension of Contract Time.
.03 Either the Owner or Contractor may in~iate negotiations upwards or downwards for the payment for
the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation. or payment may
be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and
Material Basis.
GC 3.10.03
Additional Work
.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional
Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract TIIlle according to the terms of subsection
GC 3.06, Extension of Contract Time.
.03 Payment for the Add~ional Work may be negotiated pursuant to subsection GC 3.13, Claims,
Negotiations, Mediation. or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3.11
Notices
.01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in
respect of the Work shaH be deemed to have been given to and received by the addressee on the
date of delivery if delivered by hand, email. or by facsimile transmission and on the fifth Day after the
date of mailing, if sent by mail.
.02 The Contractor and the OoNner shall provide each other with the mail and amail addresses; pager,
cen phone, and telephone numbers; and facsimile terminal numbers for the Contract Administrator
and the Superintendent at the commencement of the Work, and update as necessary.
.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 within
2 Days.
.04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in
accordance with the notice provision of the Contract.
GC3.12
Use and Occupancy of the Work Prior to Substantial Performance
.01 Where it is not contemplated elsewhere in the Contract Documents, the OoNner may use or occupy
the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance
shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or
occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability
that has arisen, or may arise, from the performance of the Work in accordance with the Contract
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Documents. The Owner shall be responsible for any damage that occurs because of the Owner's
use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the
Owner's right to charge the Contractor liquidated damages in accordance with the terms of the
Contract.
GC 3.13
Claims, Negotiations, Mediation
GC 3.13.01
Continuance of the Work
.01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after
serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with
the Work with due diligence and expedition. It is understood by the parties that such action shall not
jeopardize any claim it may have.
GC 3.13,02
Record Keeping
.01 Immediately upon commencing work that may result in a claim, the Contractor shall keep Daily Work
Records during. the course of the Work, sufficient to substantiate the Contractor's claim, and the
Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's
claim, all in accordance with clause GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work
Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the
Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall
submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the
Daily Work Records shall not be resolved until there is a resolution of the claim.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the Contractor shall not be construed to be acceptance of the claim.
GC 3.13.03
Claims Procedure
.01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional
payment immediately upon becoming aware of the situation.
.02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within
7 Days of the commencement of any part of the Work that may be affected by the situation.
.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no
later than 30 Days after completion of the work affected by the situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises;
b) state the grounds. contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in
writing from the Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim. the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request.
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.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the
Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
GC 3.13.04
Negotiations
.01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and
documents to facilitate these negotiations.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.13.03.05, with respect to
any part of the claim, the Contract Administrator shaH enter into negotiations with the Contractor to
resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed
that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04,
Payment on a Time and Material Basis, the parties shall proceed in accordance with clause
GC 3.13.05. Mediation, or subsection GC 3.14, Arbitration.
GC 3.13.05
Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04,
Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05, and
the Conlraclor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize
the services of an independent third party mediator.
.02 The mediator shall be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall
meet with the parties together or separately, as necessary, to review all aspects of the issue. In a
fmal allemptto assist the parties in resolving the issue then1Selves prior to proceeding to arbitration
the mediator shall provide, without prejudice, a non-binding recommendation for settlement.
.04 The review by the mediator shall be completed within 90 Days following the opinion given in
paragraph GC 3.13.03.05.
.05 Each party is responsible for its own costs related to the use of the third party mediator process.
The cost of the third party mediator shall be equally shared by the Owner and Contractor.
GC 3.13.06
Payment
.01 Payment of the claim shall be made no later than 30 Days after the date of resolution of the claim or
dispute. Such payment shall be made according to the terms of Section GC 8.0, Measurement and
Payment.
GC 3.13.07
Rights of Both Parties
.01 It is agreed that no action taken under subsection GC 3.13, Claims. Negotiations, Mediation, by
e~her party shall be construed as a renunciation or waiver of any of the rights or recourse available
to the parties, provided that the requirements set out in this subsection are fulfilled.
GC 3.14
Arbitration
GC 3.14.01
Conditions of Arbitration
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04.
Negotiations, or.the mediation stage noted in clause GC 3.13.05. Mediation, either party may invoke
the provisions of subsection GC 3.14, Arbitration, by giving written notice to the other party.
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.02 Notification that arbitration shall be implemented to resolve the issue shall be communicated in
writing as soon as possible and no later than 60 Days following the opinion given in paragraph
GC 3.13.03.05. Where the use of a third party mediator was implemented, notification shall be
within 120 Days of the opinion given in paragraph GC 3.13.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures of the Arbitration Act, 1991,8.0. 1991, c.17, as amended, shall apply to
any arbitration conducted hereunder except to the extent that they are modified by the express
provisions of subsection GC 3.14, Arbitration.
GC 3.14.02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;
b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement.
Only such claims and matters as are in the schedule shall be arbitrated; and
c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are
set out in the schedule.
GC 3.14.03
Appointment of Arbitrator
.01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute.
.02 Where the Owner and Contractor cannot agree on.a sole arbitrator within 30 Days of the notification
of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute
of Ontario Inc., which may select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitrator shall not be interested financially in the Contract nor in either party's business and
shall not be employed by either party.
.05 The arbitrator may appoint independent experts and any other persons to assist him or her.
.06 The arbitrator is not bound by the rules of evidence that govem the trial of cases in court but may
hear and consider any evidence that the arbitrator considers relevant.
.07 The hearing shall commence within 90 Days of the appointment of the arbitrator.
GC 3.14.04
Costs
.01 The arbitrator's fee shall be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall
be shared equally by the Owner and the Contractor.
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.03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event
the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate
facilities shall be shared equally by the Owner and the Contractor.
.04 The arbitrator may, in his or her discretion. award reasonable costs, related to the arbitration.
GC 3.14.05
The Decision
.01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be granted with consent of both parties. Payment shall be
made in accordance with clause GC 3.13.06, Payment.
GC 3.15
Archaeological Finds
.01 If the Contractor's operations expose any items that may indicate an archaeological find, such as
building remains. hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall
irnrne<!iately notify the Contract Administrator and suspend operations within the area identified by
the Contract Administrator. Notification may be verbal provided that such notice is confirmed in
writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the
Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work.
.02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01.
.03 Any work directed or authorized in connection with an archaeological find shall be considered as
Extra Work in accordance with clause GC 3.10.02, Extra Work.
.04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a
resull of any work stoppage.
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SECTION GC 4.0 . OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01
Working Area
.01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the
construction of the Work, including temporary working easements, and shall indicate the full extent
of the Working Area on the Contract Drawings.
.02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings.
GC 4.02
Approvals and Pennits
.01 The Owner shall pay for all plumbing and building permits.
.02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the
design of the Work.
GC 4,03
Managl>ment and Disposition of Materials
.01 The Owner shall identify in the Contract Documents the materials to be moved within or removed
from the Working Area and any characteristics of those materials that necessitates special materials
management and disposition.
.02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1,
as amended, the Owner advises that,
a) the designated substances silica, lead, and arsenic are generally present throughout the
Working Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestos may be present in cement products, asphall, and conduits
for Utilities;
c) the following hazardous materials are ordinarily present in construction activities; limestone,
gypsum, marble, mica, and Portland cement; and
d) exposure to these substances may occur as a result of activities by the Contractor such as
sweeping, grinding, crushing, drifting, blasting, cutting, and abrasive blasting.
.03 The Owner shall identify in the Contract Documents any designated substances or hazardous
materials other than those identified above and their location in the Working Area.
.04 If the Owner or Contractor discovers or is advised of the presence of designated substances or
hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly
identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be
provided to the other party immediately with written confirmation within 2 Days. The Contractor shall
stop work in the area immediately and shall determine the necessary steps required to complete the
work in accordance with applicable legislation and regulation.
.05 The Owner shall be responsible for any reasonable additional costs of removing, managing and
disposing of any material not identified in the Contract Documents, or where conditions exist that
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
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.06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those
products controlled under the Workplace Hazardous Materials Information System (WHMIS), that
the Owner may supply or use on the Contract, together with copies of the Materials Safety Data
Sheets for these products. All containers used in the application of products controlled under
WHMIS shall be labelled. The Owner shaH notify the Contractor in writing of changes to the list and
provide relevant Material Safety Data Sheets.
GC 4.04
Construction Affecting Railway Property
.01 The Owner shall pay the costs of all flagging and other traffic control measures required and
provided by the railway company unless such costs are solely a funclion of the Contractor's chosen
method of completing the Work.
.02 Every precaution shall be taken by the Contractor to protect aH railway property at track crossings; or
otherwise, on which construclion operations are to take place in accordance wijh the terms of this
Contract.
.03 The Contractor shall be required to conduct the construction operations in such a manner as to
avoid a possibility of damaging any railway property ill the vicinity of the works. Every reasonable
precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and
Equipment, as well as railway property throughout the duration of the Contract.
GC 4.05
Default by the Contractor
.01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work
signed by the Contract Administrator or, upon commencement of the Work, should neglect to
prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and,
if the Contract Administrator 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.
.02 If the Contractor is 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 notioe in writing, terminate the Contract.
GC 4.06
Contractor's Right to Correct a Default
.01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of
default to correct the default and provide the Owner with satisfactory proof that appropriate
corrective measures have been taken.
.02 If the correclion of the default cannot be completed within the 5 full Working Days following receipt of
the notice, the Contractor shall not be in default if the Contractor,
a) commences the correction of the default within the 5 full Working Days following receipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correction; and
c) completes the correction in accordance with such schedule.
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GC 4.07
Owner's Right to Correct Default
.01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06,
Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice
to any other 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 thereafter due to the
Contractor.
GC 4.08
Termination of Contractor's Right to Continue the Work
.01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06,
Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner. without prejudice
to any other right or remedy the Owner may have, may terminate the Contractor's right to continue
the Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the
Owner shall be entitled to,
a) take possession of the Working Area or that portion of the Working Area devoted to that part of
the Work terminated;
b) use the Equipment of the Contractor and any Material within the Working Area that is intended to
be incorporated into the Work, the whole subject to the right of third parties;
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;
d) charge the Contractor the additional cost over the Contract price of completing the Work or
portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any
additional compensation paid to the Contract administrator for such additional service arising
from the correction of the default;
e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to
cover correction to the Work performed by the Contractor that may be required under subsection
GC 7.16, Warranty;
f) charge the Contractor for any damages the Owner sustained as a result of the default; and
g) charge the Contractor the amount by which the cost of corrections to the Work under subsection
GC 7.16, Warranty, exceeds the allowance provided for such corrections.
GC 4.09
Final Payment to Contractor
.01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount
withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to
Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final
accounting for the Contract is complete.
GC 4.10
Termination of the Contract
.01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other
right or remedy the Owner may have, terminate the Contract by giving written notice of termination to
the Contractor, the Surety, and any trustee or receiver acting on behalf of the Contractor's estate or
creditors.
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.02 If the Owner elects to terminate the Contract. the Owner may provide the Contractor and the trustee
or receiver with a complete accounting to the date of termination.
GC 4.11
Continuation of Contractor's Obligations
.01 The Contractor's obligation under the Contract as to quality, correction, and warranty of the Work
performed prior to the time of termination of the Contract or termination of the Contractor's right to
continue with the Work in whole or in part shall continue to be in force after such termination.
GC 4.12
Use of Petformance Bond
.01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond,
the provisions of Section GC 4.0, Owner's Responsjbi5ties and Rights, shall be exercised in
accordance with the conditions of the Performance Bond.
GC4.13
Payment Adjustment
.01 If any situation should occur in the performance of the Work that would result in a Change in the
Work, the Owner shaH be entitied to an adjustment and those adjustments shaH be managed in
accordance with subsection GC 3.10.01, Changes in the Work.
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SECTION GC 5.0 - MATERIAL
GC 5.01
Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to include full compensation for the supply of such Material.
GC 5.02
Quality of Material
.01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract
Documents.
.02 Material supplied by the Contractor shall conform to the requirements of the Contract.
.03 As specified in the Contract Documents or as requested by the Contract Administrator, the
Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by
the Contractor.
.04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the
Material manufacturer or supplier to carry out such inspection. sampling, and testing as specified in
the Contract Documents or as requested by the Contract Administrator.
.05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance
of the Material shipping dates to enable the Contract Administrator to perform the required
inspection, sampling, and testing.
.06 The Owner shall not be responsible for any delays to the Contractor's operations where the
Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract
Administrator to carry out the required inspection, sampling, and testing before the scheduled
shipping date.
.07 The Contractor shall not change the source of supply of any Material without the written
authorization of the Contract Administrator.
.08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of
such Material shall be subject to the approval of the Contract Administrator.
.09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance
with the standard inspection or testing methods required for the Material. Any approval given by the
Contract Administrator for the Materials to be used in the Work based upon the random method shall
not relieve the Contractor from the responsibility of incorporating Material that conforms to the
Contract Documents into the Work or properly performing the Contract and of any liability arising
from the failure to properly perform as specified in the Contract Documents.
GC 5.03
Rejected Material
.01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that
effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
disposed of, in what the Contract Administrator considers to be the most appropriate manner, and
the Contractor shall pay the costs of disposal and the appropriate overhead charges.
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GC 5.04
Substitutions
.01 Where the Contract Documents require the Contraclor to supply a Material designated by a trade or
other name, the Tender shall be based only upon supply of the Material so designated, that shall be
regarded as the standard of quality required by the Contract Documents. After the acceptance of
the Tender, the Contractor may apply to the Contract Administrator to substitute another Material
identified by a different trade or other name for the Material designated as aforesaid. The
application shall be in writing and shall state the price for the proposed substitute Material
designated as aforesaid, and such other information as the Contract Administrator may require.
.02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
approval or rejection of a proposed substitution shall be at the discretion of the Contract
Administrator.
.03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be
entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50%
of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to
the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard fonn of
"Certification of Equality" and, if any adjustment to the Contract price is made by reason of such
substitution, a Change Order shall be issued as well.
GC 5.05
Owner Supplied Material
Ordering of Excess Material
GC 5.05.01
.01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in
excess of the amount specified to complete the Work, such excess Material shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 5.05.02
Care of Material
.01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide
adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of
such Material shall promplly place it in storage, except where it is to be incorporated forthwith into
theWor1<.
.02 The Contractor shall be responsibla for acceptance of Material supplied by the Owner, at the
specified delivery point and for its safe handling and storage. If such Material is damaged while
under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expanse
to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the
Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care
and at the risk of the Contractor until its disposition has been determined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are discrepancies between the quantities received and the quantities shown on the bills of
lading, the Contractor shall immediately report such damage or discrepancies to the Contract
Administrator who shall arrange for an immediate inspection of the shipment and provide the
Contractor with a written release from responsibility for such damage or deficiencies. Where
damage or deficiencies are not so reported, it shaH be assumed that the shipment arrived in good
condition and order, and any damage or deficiencies reported thereafter shaH be made good by the
Contractor at no extra cost to the Owner.
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.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor afler taking delivery. Such
Material shall not, except with the written permission of the Contract Administrator, be used by the
Contractor for purposes other than the performance of the Work under the Contract
.05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract
Documents.
.06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator
copies of bills of lading, or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor, it shall be assumed that the stockpile was in good condition and order when the
Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good
by the Contractor at no extra cost to the Owner.
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SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
Protection of Work, Persons and Property
.01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the
Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or
injury. The Contractor shall be responsible for all losses and damage that may arise as the result of
the Contractor's operations under the Contract, unless indicated to the contrary below.
.02 The Contractor is responsible for the full cost of any neceSllary temporary protective work or works
and the restoration of all damage where the Contractor damages the Work or property in the
performance of the Contract. If the Contractor is not responsible for the damage that oocurs to the
Work or property, the Contractor shall restore such damage, and such work and payment shall be
administered according to these General Conditions.
.03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that
oocur during the term of the Contract. The Contractor shall then investigate and report back to the
Contract Administrator within 15 Days of occurrence of incident, or as soon as possible.
.04 The Contractor shall not be responsible for loss and damage that oocurs as a result of,
a) war;
b) blockades and civil commotions;
c) errors in the Contract Documents; or
d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or
others not under the control of the Contractor, but within the Working Area with the Owner's
permiSSion.
.05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any
responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the
Owner, except by a release duly executed by the Owner.
GC 6.02
Indemnification
.01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their
elected officials, agents, officers, and employees from and against all claims, demands, losses,
expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims",
direcUy or indirectly arising or alleged to arise out of the performance of or the failure to perform the
Work, provided such claims are,
a) allribu1able to bodily injury, sickness, disease, or death or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor
may be liable; and
c) made in writing within a period of 6 years from the date of Substantial Performance of the Work
as set out in the Certificate of Substantial Performance of the Work or, where so specified in the
Contract Documents, from the date of certification of Final Acceptance.
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.02 The Contractor shall indemnify and hold harmless the Owner from all and every claim lor damages,
royalties or lees lor the infringement 01 any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material furnished by the Contractor under the
Contract.
.03 The Owner expressly waives the right to indemnity lor claims other than those stated in paragraphs
GC 6.02.01 and GC 6.02.02.
.04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers,
and employees from and against all claims, demands, losses, expenses, costs, damages, actions,
suits, or proceedings arising out 01 the Contractor's performance 01 the Contract that are attributable
to a lack 01 or defect in title or an alleged lack 01 or delect in title to the Working Area.
.05 The Contractor expressly waives the right to indemnity lor claims other than those stated in
paragraph GC 6.02.04.
GC 6.03
Contractor's Insurance
GC 6.03.01
General
.01 Without restricting the generality 01 subsection GC 6.02, Indemnification, the Contractor shall
provide, maintain, and pay lor the insurance coverages listed under clauses GC 6.03.02 and
GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only
apply when so specified in the Contract Documents.
.02 The Contractor shall provide the Contract Administrator with an original Certificate 01 Insurance lor
each type 01 insurance coverage that is required by the Contract Documents. The Contractor shall
ensure that the Contract Administrator is, at all times in receipt 01 a valid Certificate of Insurance lor
each type 01 insurance coverage, in such amounts as specified in the Contract Documents. The
Contractor wm not be permitted to commence work until the Contract Administrator is in receipt 01
such prool 01 insurance. The Contract Administrator may withhold payments 01 monies due to the
Contractor until the Contractor has provided the Contract Administrator with original valid Certificates
01 Insurance as required by the provisions of the Contract Documents.
GC 6.03.02
General Liability Insurance
.01 General liability insurance shall be in the name 01 the Contractor, with the Owner and the Contract
Administrator named as additional insureds, wilh limits of not less than five million dollars inclusive
per occurrence lor bodily injury, death, and damage to property including toss 01 use thereof, with a
property damage deductible 01 not more than $5,000. The lorm 01 this Insurance shall be the
Insurance Bureau 01 Canada Form IBC 2100.
.02 Another lorm 01 insurance equal to or better than that required in IBC Form 2100 may be used,
provided all the requirements listed in the Contract are included. Approval 01 this insurance shall be
conditional upon the Contractor obtaining the services 01 an insurer licensed to underwrite insurance
in the Province 01 Ontario and obtaining the insurer's certificate 01 equivalency to the required
insurance.
.03 The Contractor shall maintain in force such policies 01 insurance specified by the Contract
Documents at all times from the commencement 01 the Work until the end 01 any Warranty Period or
as otherwise required by the Contract Documents.
.04 The Contractor shall submit annually to the Owner, prool 01 continuation 01 the completed operations
coverage and, if the Contractor fails to do so, the limitation period lor claiming indemnity described in
paragraph GC 6.02.01 c), shall not be binding on the Owner.
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.05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of
explosives for blasting, pile driving or caisson work, removal or weakening of support of property
building or land, IBC Form 2100 as required shall include the appropriate endorsements.
.06 The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in
advance of cancellation, change or amendment restricting coverage.
.07 .Claims Made. insurance policies shall not be permitted.
GC 6.03.03
Automobile Liability Insurance
.01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five
million dollars inclusive per occurrence for bodily injury, death and damage to property, in the
following forms endorsed to provide the Owner with not less than 30 Days written notice in advance
of any cancellation, change, or amendment restricting coverage:
a) standard non-owned automobile policy including standard contractualliabHity endorsement, and
b) standard owner's form automobile policy providing third party liability and accident benefits
insurance and covering licensed vehicles owned or operated by the Contractor.
GC 6.03.04
GC 6.03.04.01
Aircraft and Watercraft Liability Insurance
Aircraft Liability Insurance
.01 Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in
the performance of the Work, including use of additional premises, shall be subject to limits of not
less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property
including loss of use thereof, and limits of not less than five million dollars for aircraft passenger
hazard. Such insurance shall be in a form 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, or
amendment restricting coverage.
6.03.04.02
Watercraft Liability Insurance
.01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or
indirectly in the performance of the Work, including use of additional premises, shall be subject to
limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and
damage to property including loss of use thereof. Such insurance shall be in a form 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, or amendment restricting coverage.
GC 6.03.05
GC 6.03.05.01
Property and Boll,.- InSurance
Property Insurance
.01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract
Administrator named as additional insureds, insuring not less than the sum of the amount of the
Contract price and the full value, as may be stated in the Contract Documents, of Material that is
specified to be provided by the Owner for incorporation into the Work, with a deductible not
exceeding 1 % of the amount insured at the site of the Work. This insurance shall be in a form
acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final
Acceptance of the Work; as set out in the Final Acceptance Certificate.
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GC 6.03.05.02
Boiler Insurance
.01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator
for not less than the replacement value of boilers and pressure vessels fonning part of the Work,
shall be in a fonn acceptable to the Owner. This insurance shall be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Final
Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.03
Use and Occupancy of the Work Prior to Completion
.01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the
Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such
use or occupancy. Prior to such use or occupancy, the Contractor shall notify the Owner in writing of
the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the
Owner's expense. If because of such use or occupancy the Contractor is unable to provide
coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy
shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work,
including coverage for such use or occupancy, and shall provide the Contractor with proof of such
insurance. The Contractor shall refund to the Owner the uneamed premiums applicable to the
Contractor's policies upon tennination of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the
Owner and the Contractor as their respective interests may appear. The Contractor shall act on
behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or
damage payment with the insurers. When the ex1ent of the loss or damage is detennined, 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 such
reasonableex1ension of Contract Time relative to the ex1ent of the loss or damage as the Contract
Administrator may decide in consultation with the Contractor.
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract. the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds, and in accordance with the
requirements of Section GC 8.0, Measurement and Payment. In addition, the Contractor shall be
entitled to receive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 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 tenns of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
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GC 6.03.06
Contractor's Equipment Insurance
.01 All risks Contractor's 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 30 Days written notice in advance of cancellation, change, or amendment restricting coverage.
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant prior releases with respect to damage to
the Contractor's Equipment
GC 6.03.07
Insurance Requirements and Duration
.01 Unless specified otherwise, the duration of each insurance policy shall be from the date of
commencement of the Work untR 10 Days after the date of Final Acceptance of the Work, as set out
in the Final Acceptance CerliflCate.
.02 The Contractor shall provide the Owner, on a form aoceptable to the Owner, proof of insurance prior
to commencement of the Work and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shall, on request, pronlplly provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the
insurer to determine the cost of the insurance. The certified true copy shall include a signature by an
officer of the Contractor and, in addition, a signature by an officer of the insurer or the underwriter or
the brOker.
.04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the
Owner, renewed proof of insurance immediately following completion of renewal.
,05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible
amounts under the policies.
:06 If the Contractor falls to provide or maintain insurance as required in subsection GC 6.03,
Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right
to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's
cost thereof shall be payable by the Contractor to the Owner on demand.
.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the
date on which the Owner made a formal demand for reimbursement of such costs, the Owner may
deduct the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender
documents.
.02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall
be maintained in good standing until the fulfilment of the Contract.
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GC 6.05
Workplace Safety and Insurance Board
.01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance
indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as
follows:
a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work.
b) Prior to issue of the Certificate of Substantial Performance.
c) Prior to expiration of the Warranty Period.
d) At any other time when requested by the Contract Administrator.
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SECTlON GC 7.0 - CONTRACTOR'S RESPONSlBlLmES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions that may affect the performance of the
Work are known.
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
Conlraclor has received a written order to commence the Work, signed by the Contract
Administrator.
.03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible
for construction means, methods, techniques, sequences, and procedures and for coordinating the
various parts of the Work.
.04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of
the Contract in accordance with the Contract Documents. The Work shall be performed as
vigorously and as continuously as weather conditions or other interferences may permit.
.05 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance,
and removal of temporary structures and other temporary facililies and the design and execution of
construction methods required in their use.
.06 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of construction in whole or
part, such facilities and methods 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 that the Contractor is responsible for the
execution of the Work.
.07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of
the Occupational Health and Safety Act, R.S.O. 1990, c.O.l, as amended, (the "Act") and Ontario
Regulation 213/91, as amended, (that regulates Construction Projects) and any other regulations as
amended under the Act (the "Regulations") that may affect the performance of the Work, as the
"Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure
that
a) worker safety is given first priority in planning, pricing, and perfonning the Work;
b) its officers and supervisory employees have a working knowledge of the duties of a
"Constructor" and "employer" as defined by the Act and the provisions of the Regulations
applicable to the Work, and a personal commilrnent to comply with them;
c) a copy of the most current version of the Act and the Regulations are available at the
Conlraclor'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) Us supervisory employees carry out their duties in a dUigent and responsible manner with due
consideration for the health and safety of the workers; and
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f) all Subcontractors and their workers are prope~y protected from injury while they are at the
Work Area.
.08 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 promplly 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 the 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 that 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.
.09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list
of those products controlled under the Workplace Hazardous Materials Information System or
WHMIS, which the Contractor expects to use on the Contract. Related Materials 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 Contractor Administrator in writing of
changes in the products to be used and provide relevant Material Safety Data Sheets.
.10 The Contractor shall have an authorized representative on the site while any Work is being
perfonned, to supervise the Work and act for or on the Contractor's behalf. Prior to commencement
of construction, the Contractor shall notify the Contract Administrator of the names; addresses;
positions; and cell phone, pager, and telephone numbers of the Contractor's representatives who
can be contacted at any time to deal with matters retating to the Contract, and update as necessary.
.11 The Contractor shall designate a person to be responsible for traffic control and work zone safety.
The designated person shall be a competent worker who is qualified because of knowledge, training,
and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has
knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of
construction, the Contractor shall notify the Contract Administrator of the name; address; position;
cell phone, pager, and telephone numbers of the designated person, and update as necessary. The
designated person may have other responsibilities, including other construction sites, and need not
be presem in the Working Area at all times.
.12 The Contractor shall, at no additional cost to the Owner, fumish all reasonable aid, facilities, and
assistance required by the Contract Administrator for the proper inspection and examination of the
Work or the taking of measurements for the purpose of payment.
.13 The Contractor shall prepare and update, as required, a construction schedule of operations,
indicating the proposed methods of construction and sequence of work and the time the Contractor
proposes to complete the various items of work within the time specified in the Contract Documents.
The schedule shall be submitted to the Contract Administrator within 14 Days from the Contract
award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an
updated construction schedule, if requested by the Contract Administrator, within 7 Days of the
request. This updated schedule shall show how the Contractor proposes to perform the balance of
the Work, so as to complete the Work within the time specified in the Contract Documents.
.14 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the
Contractor shall prornplly report it to the Contract Administrator and shall not proceed with the
activity affected until receiving direction from the Contract Administrator.
.15 The Contractor shall prornplly notify the Contract Administrator in writing if the subsurface conditions
observed in the Working Area differ materially from those indicated in the Contract Documents.
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.16 The Contractor shall arrange with the appropriate Utility authorities for the stake out of all
underground Utilities and service connections that may be affected by the Work. The Contractor
shall observe the location of the stake outs prior to commencing the Work and in the event that there
is a discrepancy between the location of the stake outs and the locations shown on the Contract
Documents, that may affect the Work, the Contractor shall immediately notify the Contract
Administrator and the affected Utility companies, in order to resolve the discrepancy. The Contractor
shall be responsible for any damage done to the underground Utilities and service connections by
the ContractOf's forces during construction if the stake out locations are within the tolerances given
in paragraph GC 2.01.01 a).
GC 7.02
Layout
.01 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate
on site those property bars, baselines, and benchmarks that are necessary to delineate the Working
Area and to layout the Work, all as shown on the Contract Drawings.
.02 The Contractor shall be responsible for the preservation of all properly bars while the Work is in
progress, except those properly bars that must be removed to facilitate the Work. Any other
properly bars disturbed, damaged, or removed by the ContractOf's operations shall be replaced
under the supervision of an Ontario Land Surveyor, at the Contractor's expense.
.03 At no extra cost to the Owner, the Contractor shaD provide the Contract Administrator with such
materials and devices as may be necessary to layout the baseline and benchmarks, and as may be
necessary for the inspection of the Work.
.04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades
necessary for construction. The Contractor shall notify the Contract Administrator of any layout work
carried out, so that the same may be checked by the Contract Administrator.
.05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The Contractor shall supply one copy of all
alignment and grade sheets to the Contract Administrator.
.06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each
and all parts of the Work, regardless of whether the ContractOf's layout work has been checked by
the Contract Administrator.
.07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of
their destruction or removal, such stakes, marks, and reference points shall be replaced at the
ContractOf's expense.
.08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the
Contractor. In the case of their destruction or removal, such benchmarks and survey monuments
shall be replaced by the Owner at the ContractOf's expense.
GC 7.03
Working Area
.01 The ContractOf's sheds, site offICeS, toilets, other temporary structures, and storage areas for
Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly
condition at all times.
.02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor
require more space than that shown on the Contract Drawings, the Contractor shall obtain such
space at no additional cost to the Owner.
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.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the
Contractor has received prior written permission from the property owner.
GC 7.04
Damage by Vehicles or Other Equipment
.01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be
done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's
vehicles or other Equipment, whether licensed or unlicensed Equipment. the Contractor shall, on the
direction of the Contract Administrator, and at no extra cost to the Owner, make changes or
substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner,
remove the cause of such damage to the satisfaction of the Contract Administrator.
GC 7.05
Excess Loading of Motor Vehicles
.01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and
where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit
such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990,
c.H.8, as amended, whether such vehicle is registered in the name of lhe Contractor or otherwise,
except where there are designated areas within the Working Area where overloading is permitted.
The Contractor shall bear the onus of weighing disputed loads.
GC 7.06
Condition of the Working Area
.01 The Contractor shall maintain the Working Area in a tidy condition and free from lhe accumulation of
debris and prevent dust nuisance, mud, and ponding water, other lhan that caused by the Owner or
others.
GC 7.07
Maintaining Roads and Detours
.01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by
construction, it shall be kept open to both vehicular and pedestrian traflic.
.02 Subject to the approval of the Contract Administrator, the Contractor shall, at no additional cost to
the Owner, be responsible for providing and maintaining for the duration of the Work an alternative
route for both pedestrian and vehicular traffic lhrough the Working Area in accordance wilh lhe OTM,
whether along lhe existing Highway under construction or on a detour road beside or adjacent to the
Highway under construction.
.03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short
periods of time to facilitate construction of the Work in accordance wilh lhe aTM. Any temporary
lane closures shall be kept to a minimum.
.04 The Contractor shall not be required to maintain a road through lhe Working Area until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of lhe
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply de-icing chemicals or abrasives or carry out snowplowing.
.05 Where localized and separated sections of the Highway are affected by the Contractor's operations,
the Conlrac1or shall not be required to maintain intervening sections of lhe Highway until such times
as these sections are located within lhe limits of lhe Highway affected by lhe Contractor's general
operations under lhe Contract.
.06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the construction of the detours and, if required, for lhe subsequent removal of
lhe detours, shall be made at the Contract prices appropriate to such work.
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.07 Compensation for all labour, Equipment, and Materials to do this WorX shall be at the Contract
prices appropriate to the Work and, where there are no such prices, at negotiated prices.
Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and
detours shall be deemed to be included in the prices bid for the various tender items and no
additional payment shall be made.
.08 Where work under the Contract is discontinued for any extended period, including seasonal
shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the
Roadway and detours in a passable, safe, and satisfactory condition for public travel.
.09 Where the Contractor constructs a detour that is not specifically provided for in the Contract
Documents or required by the Contract Administrator, the construction of the detour and, if required,
the subsequent removal shall be performed at the Contractor's expense. The detour shall be
constructed and maintained to structural and geometric standards approved by the Contract
Administrator. Removal and site restoration shaI1 be performed as directed by the Contract
Administrator.
.10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the
traffic diverted entirely off the Highway to any other H91way, the Contractor shall, at no extra cost to
the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM.
.11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under
subsection GC 6.01, Protection of worX, Persons, and Property, dealing with the Contractor's
responsibility for damage claims, except for claims arising on sections of Highway within the WorXing
Area that are being maintained by others.
GC 7.08
Access to Properties Adjoining the Work and Interruption of Utility
Services
.01 The Contractor shall provide at all times and at no extra cost to the Owner,
a) adequate pedestrian and vehicular access; and
b) continuity of Utility services
to properties adjoining the Working Area.
.02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants,
water and gas valves, and all other Utilities located in the Working Area.
.03 Where any interruptions in the supply of Utility services are required and are authorized by the
Contract Administrator, the Contractor shall give the affected property owners notice in accordance
with subsection GC 7.12, Notices by the Contractor. and shall arrange such interruptions so as to
create a minimum of interference to those affected.
GC 7.09
Approvals and Permits
.01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and
pay for any permits, licences, and certifICates, which at the date of tender closing, are required for
the performance of the Work.
.02 The Contractor shan arrange for atl necessary inspections required by the approvals and permits
specified in paragraph GC 7.09.01.
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GC 7.10
Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any
or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing.
Delays, in these circumstances, shall be administered according to subsection GC 3.07, Delays.
GC 7.11
Contractor's Right to Stop the Work or Terminate the Contract
.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency, the Contractor may,
without prejudice to any other right or remedy the Contractor may have, by giving the Owner or
receiver or trustee in bankruptcy written notice, terminate the Contract.
.02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order Of a
court or other public authority and provided that such order was not issued as the result of an act or
fault of the Contractor or of anyone direcUy employed or engaged by the Contractor, the Contractor
may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner
written notice, terminate the Contract.
.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
Owner is in default of contractual obligations if,
a) the Contract Administrator fails to issue certifICates in accordance with the provisions of Section
GC 8.0, Measurement and Payment;
b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause
GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or
within 30 Days of an award by an arbitrator or court; or
c) the Owner violates the requirements of the Contract.
.04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7
Days immediately following receipt of the written notice, the Contractor may, without prejudice to any
other right or remedy the Contractor may have, stop the Work or terminate the Contract.
.05 If the Contractor terminates the Contract under the conditions set out in subsection GC 7.11, the
Contractor shall be entiUed to be paid for all work performed according to the Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the termination of the
Contract.
GC 7.12
Notices by the Contractor
.01 Before work is carried out that may affect the property or operations of any MinistrY or agency of
government or any person; company; partnership; or corporation, including a municipal corporation
or any board or commission thereof, and in addition to such notices of the commencement of
specified operations as are prescribed elsewhere in' the Contract Documents, the Contractor shall
give at least 48 hours advance written notice of the date of commencement of such work to the
person, company, partnership, corporation, board, or commission so affected.
.02 In the case of damage to or interference with any Utilities, pole lines, pipe lines, conduits, farm tiles,
or other public or privately owned works or property, the Contractor shall immediately notify the
Owner, Contract Administrator, and the owner of the works of the location and details of such
damage or interference.
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GC 7.13
Obstructions
.01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and
responsibilities arising out of any obstruction llIlC()l!Illere in the performance of the Work and any
traffic conditions, including traffic conditions on any Highway or road giving access to the Working
Area caused by such obstructions, and the Contractor shall not make any claim against the Owner
for any loss, damage, or expense occasioned thereby.
.02 Where the obstruction is an underground Utility or other man-made object, the Contractor shall not
be required to assume the risks and responsibilities arising out of such obstruction, unless the
location of the obstruction is shown on the Plans or described in the Contract Documents and the
location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the
presence and location of the obstruction has otherwise been made known to the Contractor or could
have been determined by the visual site investigation made by the Contractor in accordance with
these General Conditions.
.03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility
companies or other appropriate authorities for further Information in regard to the exact location of
these Utilities, to exercise the necessary care in construction operations, and to take such other
precautions as are necessary to safeguard the Utilities from damage.
GC 7.14
Limitations of Operations
.01 Except for such work as may be required by the Contract Administrator to maintain the Work in a
safe and satisfactory condition, the Contraclor shall not carry out operations under the Contract on
Saturdays, Sundays, and Statutory Holidays without permission in Writing from the Contract
Administrator.
.02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies,
and the Owner and they shall be allowed access to their work or plant at all reasonable times.
GC 7.15
Cleaning Up Before Acceptance
.01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials,
tools, construction machinery and equipment not required for the performance of the remaining
Work. The Contractor shall also remove all temporary works and debris other than that caused by
the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the
Owner, unless otherwise specified.
.02 The Work shall not be deemed to have reached Completion until the Contractor has removed
surplus materials, tools, construction machinery, and equipment. The Contractor shall also have
removed debris, other than that caused by the Owner, or others.
GC 7.16
Warranty
.01 Unless otherwise specified in the Contract Documents for certain Materials or components of the
Work, the Contraclor shall be responsible for the proper performance of the Work only to the extent
that the design and standards permit such performance.
.02 Subject to the PfllVious paragraph the Contractor shaD correct promptly, at no additional cost to the
Owner, defects ordeficjencies in the Work that appear,
a) prior to and during the period of 12 months from the date of Substantial Performance of the
Work, as set out in the Certificate of Substantial Performance of the Work,
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b) where the work is completed after the date of Substantial Performance, 12 months after
Completion of the Work,
c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
d) such longer periods as may be specified in the Contract Documents for certain Materials or
some of the Work.
The Contract Administrator shall promplly give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.16.02.
GC 7.17
Contractor's Workers
.01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and
whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers
involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly
such worker or workers shall be removed from the work and shall not be employed on the work
again without the consent in writing of the Contract Administrator.
GC 7.18
Drainage
.01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts
to keep all portions of the Work properly and efficiently drained, to at least the same degree as that
of the existing drainage conditions.
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SECl1QN GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
Measurement
GC 8.01.01
Quantities
.01 The Contract Administrator shall make an Estimate once a month, in writing, of the quantity of Work
performed. The first Estimate shall be the quantity of Work performed since the Contractor
commenced the Contract, and every subsequent' -Estimate, except the final one, shall be of the
quantity of Work performed since the preceding .Estimate was made. The Contract Administrator
shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut-Off Date.
.02 Such quantities for progress payments shall be construed ,and held to approximate. The final
quantities for the issuance of the Completion Payment Certificate shall be based on the
measurement of Work completed.
.03 Measurement of the quantities of the Work perfonned may be either by Actual Measurement or by
Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements
shall normally be made using Plan Quantity principles but may, where appropriate, be made using
Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column
shall be paid according to the Plan Quantity. Items where the notation (P) does not occur shall be
paid according to Actual Measurement or lump sum.
GC 8.01.02
Variations In Tender Quantities
.01 Where it appears that the quantity of Work to be done or Material to be supplied or both by the
Contractor under a unit price tender item may exceed or be less than the tender quantity, the
Contractor shall proceed to do the Work or supply the Material or both required to complete the
tender item and payment shall be made for the actual amount of Work done or Material supplied or
both at the unit prices stated in the Tender except as provided below:
a) In the case of a Major Item where the quantity of Work performed or Material supplied or both by
the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may
make a written requeslto the other party to negotiate a revised unit price for that portion of the
Work performed or Material supplied or both which exceeds 115% of the tender quantity. The
negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price
shall be based on the actual cost of doing the Work or supplying the Material or both under the
tender item plus a reasonable allowance for profit and applicable overhead.
b) In the case of a Major Item where the quantity of Work performed or Material supplied or both by
the Contractor is less than 85% of the tender quantity, the Contractor may make a written
request to negotiate for the portion of the actual overheads and fixed costs applicable to the
amount of the underrun in excess of 15% of the tender quantity. For purposes of the
negotiation, the overheads and fixed costs applicable to the item are deemed to have been
prorated uniformly over 100% of the tender quantity for the item. Overhead Costs shall be
confinned by a statement certified by the Contractor's senior financial officer or auditor and may
be audited by the Owner. Alle""atively, where both parties agree, an allowance equal to 10% of
the unit price on the amount of the underrun in excess of 15% of the tender quantity shall be
paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Payment Certificate.
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GC 8.02
Payment
GC 8.02.01
Price for Work
.01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its
performance. The term "all labour, Equipment, and Material" shall include Hand Tools, supplies, and
other incidentals.
.02 Payment for work not specifically detailed as part of anyone item and without specified details of
payment shall be deemed to be included in the items with which it is associated.
GC 8.02.02
Advance Payments for Material
.01 The Owner shall make advance payments for Material intended for incorporation in the Work upon
the written request of the Contractor and according to the following terms and conditions:
a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and
the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facilities.
b) The value of aggregates, processed and stockpiled, shall be assessed by the following
procedure:
i. Sources Other Than Commercial
(1) Granular A, B, BI, BII, Bill, M, and 0 shall be assessed at the rate of 60% of the
Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and
Portland cement concrete shall be assessed at the rate of 25% of the Contract price for
each aggregate stockpiled.
ii. Commercial Sources
Payment for separated coarse and fine aggregates shall be considered at the above rate
when such materials are stockpiled at a commercial source where further processing is to
be carried out before incorporating such materials into a final product. Advance payments
for other materials located at a commercial source shall not be made.
c) Payment for all other materials, unless otherwise specified elsewhere in the Contract
Documents, shall be based on the invoice price, and the Contractor shall submit proof of cost to
the Contract Administrator before payment can be made by the Owner.
d) The payment for all Materials shall be proraled against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material. Such payment shall not exceed
80% of the Contract price for the item.
e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of the material and shall thenceforth be
held by the Contractor in trust for the Owner as collateral security for any monies advanced by
the Owner and for the due completion of the Work. The Contractor shall not exercise any act of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for inclusion in the Work, without the consent, in writing, of the Contracl Administrator.
f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss,
damage, theft, improper use, or destruction of the material however caused.
.02 Where the Owner makes advance payments subject to the conditions Hsled in paragraph GC
8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
shall only be determined when the material meets the requirements of the appropriate specification.
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GC 8.02.03
GC 8.02.03.01
Certification and Payment
Progress Payment Certificate
.01 The value of the Work performed and Material supplied shaD be calculated once a month by \he
Contract Administrator in accordance with the COntract Documents and dause GC 8.01.01,
Quantities.
.02 The progress Payment Certificate shall show,
a) the quantities of Work performed;
b) \he value of Work performed;
c) any advanced payment for Material;
d) the amount of statutory holdback, liens, Owner's set-off;
e) the amount of GST, as applicable; and
f) the amount due to the Contractor.
.03 One copy of the progress Payment Certificate shall be sent to the COntractor.
.04 Payment shall be made within 30 Days of the Cut-Off Date.
GC 8.02.03.02
Certification of Subcontract Completion
.01
\
,
. .02
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Before \he Work has reached the stage of Substantial Performance, the Contractor may notify the
COntract Administrator, in writing that a subcontract is completed satisfactorily and ask that \he
Contract Administrator certify the completion of such subcontract.
The Cootract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract
has been completed satisfactorily, and all required inspection and testing of the works covered by
the subcontract have been carried out and the results are satisfactory.
.03 The Contract Administrator shall set out in \he Certificate of Subcontract Completion the date on
which \he subcontract was completed and, within 1 Days of \he date the subcontract is certified
complete, \he Contract Administrator shall give a copy of \he certificate to the Contractor and to the
Subcontractor concerned.
GC 8.02.03.03
Subcontract Statutory Holdback Rel_e Certtflcate and Payment
.01 Following receipt of the Certificate of Subcontract Completion, the Owner shaD release and pay the
COntractor the statutory holdback retained in respect of \he subcontract. Such release shall be.
made 46 Days after the date the subcontract was certified complete and providing the Contractor
submits the following to the Contract Administrator:
a) a document satisfactory to the Contract Administrator that shall release the Owner from all
further dairns relating to the subcontract, qualified by stated exceptions such as holdback
monies;
b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all
liabilities incurred in carrying out the subcontract;
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c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and
d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory
statement showing the total amount due the Subcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the
Contract Administrator specifically requests it.
.03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the
payment due under the subcontract.
.04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the
Contractor, or the Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04
Certification of Substantial Performance
.01 Upon application by the Contractor and when the Contract Administrator has verified that the
Contract has been substantially performed, the Contract Administrator shall issue a Certificate of
Substantial Performance.
.02 Upon verifying that the Contract has been substantially performed, the Contract Administrator shall
issue a certificate of Substantial Performance and shall set out in the Certificate of Substantial
Performance the date on which the Contract was slJbstantlally performed and, within 7 Days after
signing the said certificate, the Contract Administrator shall provide a copy to the Contractor.
.03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith,
as required by Section 32(1) Paragraph 5 of the Construction Uen Act, R.S.O. 1990, c.C.3D, as
amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall
include placement in the Daily Commercial News.
.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as
required above within 7 Days after receiving a copy of the certificate signed by the Contract
Administrator, the Owner may publish a copy of the certificate at the Contractor's expense.
.05 Except as otherwise provided for in Section 31 of the Construction Uen Act, the 45 Day lien period
prior to the release of holdback as referred to In clause GC 8.02.03.05, Substantial Performance
Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above. .
GC 8.02.03.05
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Certificate of Substantial Performance, the Contract
Administrator shall also issue the Substantial Performance Payment Certificate and the Substantial
Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined
payment certificate.
.02 The Substantial Performance Payment Certificate shall show,
a) the value of Work performed to the date of Substantial Performance;
b) the value of outstanding or incomplete Work;
c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to
the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment;
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d) the amount of maintenance security required; and
e) the amount due the Contractor.
.03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the
payment certificate.
.04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantial Performance. Payment of such staMory holdback shall be due 46 Days after
the date of publication. of the Certificate of Substantial Performance but subject to the provisions of
the Construction Lien Act and the submission by the Contractor of the following documents:
a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions such as
outstanding work or matters arising out of subsection GC 3.13. Claims. Negotiations. Mediation;
b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities
incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have
been discharged except for statutory holdbacks Pf"operly retained;
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
d) Pf"OOf of publication of the Certificate of Substantial Performance.
GC 8.02.03.06
Certification of Completion
.01 Upon application by the Contractor and when the Contract Administrator has verified that the
Contract has reached Completion. the Contract Administrator shall issue a Completion Certificate.
.02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work
was completed and. within 7 Days of signing the said certificate. the Contract Administrator shall
provide a copy to the Contractor.
GC 8.02.03.07
Completion Payment and Completion Statutory Holdback Release Payment
Certificates
.01 When the Contract Administrator issues the Completion Certificate. the Contract Administrator shall
also issue the Completion Payment Certificate and the Completion Statutory Holdback Release
Payment Certificate or where apPf"opriate. a combined payment certificate.
.02 The Completion Payment Certificate shall show.
a) measurement and value of Work at Completion;
b) the amount of the further statutory holdback based on the value of further work completed over
and above the value of work completed shown in the Substantial Performance Payment
Certificate referred to above; and
c) the amount due the Contractor.
.03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate
releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall
be due 46 Days after the date of Completion of the Work as established by the Completion
Certificate but subject to the provisions of the ConsI1lJction Lien Act and the submission by the
Contractor of the following documents:
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a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions where
appropriate;
b) a statutory declaration in a fonn satisfactory to the Contract Administrator that all liabilities
incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have
been discharged, qualified by stated exceptions where appropriate; and
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board.
GC8.02.03.08
Interest
.01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of
Interest.
GC 8.02.03.09
Interest for Late Payment
.01 Provided the Contractor has complied with the requirements of the Contract. including all
documentation requirements, when payment by the Owner to the Contractor for Work performed, or
for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to
receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days after the Cut-Off Date;
b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the
subcontract was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which
the subcontract was completed;
d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the
certificate;
e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after
publication of the Payment Certificate of Substantial Performance;
f) Completion Payment Certificate: 30 Days after the date certified as the date on which the
Contract reached Completion; and
g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as
the date that the Work was completed.
.02 If the Contractor has not complied with the requirements of the Contract. including all documentation
requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01,
interest shall only begin to accrue when the Contractor has completed those requirements.
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GC 8.02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the
subsequent claims are submitted in accordance with the time limits or procedure or both described
by subsection GC 3.13, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the
Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of
the sellled claim. Such interest shall not commence until 30 Days after the satisfactory completion
of that part of the Work.
.02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
.03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection
GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid.
.04 Where a Contractor fails to COO1pIy with the 30 Day time limit and the procedures prescribed in
paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period.
GC 8.02.03.11
Owner's Set.()ff
.01 Pursuant to Seclion 12 of the Construction Uen Act, the Owner may retain from monies owing to the
Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities,
including the cost to remedy deficiencies, the reduclion In value of substandard portions of the Work,
claims for damages by third parties that have not been determined in writing by the Contractor's
insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance
with clause GC 8.02.06, Payment of Workers.
.02 Under these circumstances the Owner will give the .Contractor appropriate notice of such action.
GC 8.02.03.12
Delay in Payment
.01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
Payment on a Time and Material Basis
GC 8.02.04.01
DefInitions
.01 For the purpose of clause GC 8.02.04 the following definitions apply:
Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, or similar items
and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision
aclively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for
such labour and supervision but shall not include any payment or costs incurred for general supervision.
administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden
for which the Contractor is compensated by any payment made by the Owner for Equipment.
Cost of Material means the cost of Material purchased or supplied from stock and valued at current
market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such
arrangements have been made by the Contractor for completing the Work, as shown by itemized
invoices.
Operated Rented Equipment means Rented Equipment for which an operator is provided by the
supplier of the equipment and for which the rent or lease includes the cost of the operator.
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Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment
insurance, public liability and property damage insurance, sickness and accident insurance, pension fund,
and such other welfare and benefit payments forming part of the Contractor's normal labour costs.
Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word
"associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the
Contract Administrator.
Road Work means the preparation, construction, finishing, and construction maintenance of roads,
streets, Highways, and parking lots and includes aU work incidentals thereto other than work on
structures.
Sewer and Watermain Work means the preparation, construction, finishing, and construction
maintenance of sewer systems and watermain systems, and includes all work incidental thereto other
than work on structures.
Standby Time means any period of time that is not considered Working Time and which together with the
Working Time does not exceed 10 hours in anyone Working Day and during which time a unit of
equipment cannot practically be used on other work but must remain on the site in order to continue with
its assigned task and during which time the unit is in fully operable condition.
Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or
demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying
of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and
appurtenances incidental thereto.
The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates
for Construction Equipment, Including Model and Specification Reference, that is current at the time the
work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner,
using the same principles as used in determining The 127 Rates.
Work on a Time and Material Basis means Changes in the Work, Extra Work, and Additional Work
approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time
and Material Basis shall be subject to all the terms, conditions, Standard Specifications and provisions of
the Contract.
Working Time means each period of time during which a unit of Equipment is actively and of necessity
engaged on a specific operation and the first 2 hours of each immediately following period during which
the unit is not so engaged but during which the operation is otherwise proceeding and during which time
the unit cannot practically be transferred to other work but must remain on the site in order to continue
with its assigned tasks and during which time the unit is in a fully operable condition.
GC 8.02.04.02
Dally Work Records
.01 Daily Work Records, prepared as the case may be by either the Contractor's representative or the
Contract Administrator reporting the labour and Equipment employed and the Material used on each
Time and Material project, should be reconciled and signed each Day by both the Contractor's
representative and the Contract Administrator. If it is not possible to reconcile the Daily Work
Records, then the Contractor shall submit the un-reconciled Daily Work Records with its claim,
whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there
is a resolution of the claim.
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GC 8.02.04.03
Payment for Work
.01 Payment as herein provided shall be full compensation for all labour, Equipment, and Material to do
the Work on a Time and Material Basis except where there is agreement to the contrary prior to the
commencement of the Work on a Time and Material Basis. The payment adjustments on a Time
and Material basis shall apply to each individual Change Order authorized by the Contract
Administrator.
GC 8.02.04.04
Payment for labour
.01 The Owner shall pay the Contractor for labour employed on each Time and Material project at 135%
of the Cost of labour up to $3,000, then at 120% of any portion of the Cost of Labour in excess of
$3,000.
.02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis
at the Contractor's actual cost of Payroll Burden.
.03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so
determined shall be applied to all Time and Matenal work on the ContracL
GC 8.02.04.05
Payment for Material
.01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of
the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess
of $3.000.
GC 8.02.04.06
GC 8.02.04.06.01
Payment for Equipment
Working Time
.01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented
Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The
127 Rates with a cost adjustment as follows:
a) Cost $10,000 or less - no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the
portion in excess of $10,000; and
c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on
a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to
a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract
Administrator approves the invoice price prior to the use of the Rented Equipment.
.03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on
the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price
approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and
Material Basis.
GC 8.02.04.06.02
Standby Time
.01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35%
of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by
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the Contract Administrator. This shall include Rented Equipment intended for use on other work. but
has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.
.02 In addition. the Owner shall include the Cost of Labour of operators or associated labourers who
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 Material Basis.
.03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to
the Work on Time and Material Basis to be returned to the lessor unbl the work requiring the
equipment can be resumed. The Owner shall pay such costs as a result from such retum.
.04 When Equipment is transported. solely for the purpose of the Work on a Time and Material Basis, to
or from the Working Area on a Time and Material basis. payment shall be made by the Owner only
in respect of the transporting units. When Equipment is moved under its own power it shall be
deemed to be working. The method of moving Equipment and the rates shall be subject to the
approval of the Contract Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 Notwithstanding any other provision of this Section. no payment shall be made to the Contractor for
or in respect of Hand Tools or equipment that are tools of the trade.
GC 8.02.04.08
Payment for Work By Subcontractors
.01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be
performed by Subcontractors on a Time and Material basis and has received approval prior to the
commencement of such work. in accordance with the requirements of subsection GC 3.09,
Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material
Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and
Material Basis, plus a markup calculated on the following basis:
a) 20% of the first $3,000; plus
b) 15% of the amount from $3,000 to $10,000; plus
c) 5% of the amount in excess of $10,000.
.02 No further markup shall be applied regardless of the ex1ent to which the work is assigned or sublet to
others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup
whatsoever shall be applied.
GC 8.02.04.09
Submission of Invoices
.01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable
labour and Equipment rates not already submitted to the Contract Administrator during the course of
such work.
.02 Separate summaries shall be completed by the Contractor according to the standard form 'Summary
for Payment of Accounts on a Time and Material Basis.' Each summary shall include the Change
Directive or Change Order number and covering dates of the work and shall itemize separately the
labour, Materials. and Equipment. Invoices for Materials, Rented Equipment, and other charges
incurred by the Contractor on the Work on a Time and Material Basis shall be included with each
summary.
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.03 Each month the Contract Administrator shall include with the monthly progress payment certificate.
the cosls of the Work on a Time and Material Basis incurred during the preceding month all in
accordance with the contract administrative procedures and the Contractor's invoice of the Worn on
a TII'TlEl and Material Basis.
.04 The final .Summary for Payment of Accounts on a Time and Material Basis. shall be submitted by
the Contractor within 60 Days after the completion of the Work on a Time and Material Basis.
GC 8.02.04.10
Payment Other Than on a Tlma and Material Basis
.01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor
negotiating a Lump Sum Item or unit price payment for Change in the Worn. Extra Worn. and
Additional Worn.
GC 8.02.04.11
Payment Inclusions
.01 Except where there is agreement in writing to the contrary, the compensation, as herein provided,
shall be accepted by the Contractor as compensation in full for profit and aU costs and expenses
arising out of the worn, including all cost of general supervision, administration. and management
time spent on the worn, and no other payment or allowance shaH be made in respect of such worn.
GC 8.02.05
Final Acceptance Certificate
.01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance
Certificate. or, where applicable, after the Warranty Period has expired. The Final Acceptance
Certificate shall not be issued until all known deficiencies have. been adjusted or corrected, as the
case may be. and the Contractor has discharged all obligations under the Contract.
GC 8.02.06
Payment of Workers
.01 The Contractor shall, in addition to any fringe benefits, pay the worners employed on the Work in
accordance with the labour conditions set out in the Contract and at intervals of not less than twice a
month.
.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the worners
employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is
paid less than the amount required to be paid under the Contract, the Owner may set off monies in
accordance with clause GC 8.02.03.11, Owner's Set-Off.
GC 8.02.07
Records
.01 The Contractor shall maintain and keep accurate Records relating to the Worn, Changes in the
Worn, Extra Work, and claims arising therefrom. Such Records shall be of sufficient detail to support
the total cost of the Worn. Changes in the Worn. and Extra Work. The Contractor shall preserve all
such original Records until 12 months after the Final Acceptance Certificate is issued or until all
claims have been settled, whichever is longer. The Contractor shall require that Subcontractors
employed by the Contractor preserve all original Records pertaining to the Worn. Changes in the
WorI<. Extra Worn, and claims arising therefrom for a similar period of time.
.02 The Owner may inspect and audit the Contractor's Records relating to the Worn, Extra Worn, and
Changes in the Worn at any time during the period of the Contract. The Contractor shall supply
certified copies of any part of its Records required, whenever requestl1d by the Owner.
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GC 8.02.08
Taxes
.01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for
this Contract, and this change could not have been anticipated at the time of bidding, the Owner
shall increase or decrease Contract payments to account for the exact amount of tax change
involved.
.02 Claims for compensation for additional tax cost shall be submilted by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shall be submilted not less than 30 Days after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the
Contractor shall submit to the Contract Administrator, on forms provided by the Contract
Administrator, a statement of such benefits. This statement shall be submitted not later than 30
Days after Final Acceptance.
.04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in
place form part of the finished Work, or the provision of services, where such services form part of
the Work and where the manufacture or supply of such commodities or the provision of such
services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as
detailed above. Services in the lalter context means the supply and operation of equipment, the
provision of labour, and the supply of commodities that do not form part of the Work.
GC 8.02.09
Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor fails tocomplele the
Work in accordance wilh the Contract, the Contractor shall pay such amounts as are specified in the
Contract Documents.
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Rev.Dale: 1112006 OPSS.MUNI100