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Home My WebLink About2008-119 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2008 -119 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and S & F Excavating Limited, King City, to enter into agreement for the Foster Creek Erosion Protection @ Roberts Street, Newcastle. 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, S & F Excavating Limited, King City, 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 23rd day of June, 2008. By-law read a third time and finally passed this 23rd day of June, 2008. ~~ .~. . - . ~ I I I I I I I I I I I I I I I I I , I CORPORATION OF THE MUNICIPALITY OF CLARINGTON FOSTER CREEK AT ROBERT STREET CULVERTS EROSION PROTECTION AND REMEDIAL WORKS, NEWCASTLE CONTRACT NO. CL2008-21 MAY 2008 []J~ architects planne...s TSH No. 12-29604 I I I I I I I I I I I I I I I I I I I AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: S & F EXCAVATING LIMITED of the Regional Municipality of York and Province of Ontario hereinafter called the Contractor THE PARTY OF THE FIRST PART - and -THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the Purchaser THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page I of 3 I I I I I I I I I I I I I I I I I I I DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Foster Creek at Robert's Street Culverts, Erosion Protection and Remedial Works, Newcastle, Contract No. CL2008-21 A. TENDER FORM: General Itemized Bid Bonds Schedule of Tender Data B. STANDARD TERMS AND CONDITIONS C. SCHEDULE C - CONTRACTOR SAFETY D. INSTRUCTIONS TO TENDERERS E. SPECIAL PROVISIONS - GENERAL F. SPECIAL PROVISIONS - TENDER ITEMS G. DESIGN GUIDELINES - SECTION 900 H. STANDARD DRA WINGS 1. PERMIT TO TAKE WATER J. G.R.CA WORK PERMIT K. PLANS: Drawings No. 1,2 and Ll L. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPPS No Date OPSS No. Date 127 ADr. 2007 351 Nov. 2005 570 Nov. 2007 128 Aor. 2006 511 Nov. 2004 572 Nov. 2003 182 Nov. 2000 512 Nov. 2004 577 Nov. 2006 201 Nov. 2007 518 Nov. 2006 1860 Mar. 1998 206 Nov. 2000 565 Nov. 2007 M. 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 October 17, 2008. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors ofthe Purchaser. Page 2 of 3 I I I I I I I I I I I I I I I I I I I 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: S & F EXCA VAT in the presence of ) ) ~ 5lJ L1.- 1-00.... ! ~ ti~ ) Jut. ) LIMITED '-- Date in the presence of SIGNED and sealed by the Purchaser: THE CORPORA nON OF THE MUNICIPALITY OF CLARINGTON !(~7~./( - ) Date ) ) ) ) ) ) DEPUTY MIi'/a!:. MUNII!-/ i'lL ei.-cRi< Date PIDept 12\ t 2-29604\Specs\CL2008-21-AGR.doc Page 3 of 3 I I I I I I I I I I I I I I I I I I I PROJECT: TENDER FOR CONTRACT NO. CL2008-2! FOSTER CREEK AT ROBERT STREET CULVERTS, EROSION PROTECTION AND REMEDIAL WORKS, NEWCASTLE AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET COBOURG, ONTARIO. K9A 5G6 Telephone: 905-372-2121 Fax: 905-372-3621 TENDERER: S & F Excavating Limited Name 3440 - 17'10 Sideroad King City. Ontario L 7B I K4 Address (include Postal Code) Tel: 905-713-0283 Fax: 905-713-0691 Telephone and Fax Numbers Paul Degli Angeli Name of Person Signing President Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. LlC 3A6 P:\DepII2\12-29604\Specs\CL2008-21-TF(S;gn Doo;).doc Page I of 6 pages I I I I I I I I I I I I I I I I I I I TENDER CONTRACT NO. CL20OS-21 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2008-21 Foster Creek at Robert Street Culverts Erosion Protection and Remedial Works, Newcastle Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely iffound 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 6 pages I ITEMIZED BID CONTRACT NO. CL2008-21 I In accordance with the first paragraph ofthis Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-21 for the following unit prices. I SPe<. No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item I 1 206,565 Site Preparation and Restoration LS 8,500.00 I SP 2 SP Safety Fencing m 190 12.00 2,280.00 (P) I 3 SP Temporary Stream Diversion LS 11,000.00 4 SP Unwatering LS 4,800.00 I 5 206 Earth Excavation, Grading ] 365 34.00 12,410.00 m I SP 6 206 Sediment Removal from West LS 7,000.00 SP Culvert I 7 SP i) Armour Stone t 273 170.00 46,410.00 ii) Armour Stone Weir Plug and LS 4,250.00 I Steel Plate Liner 8 511 Filter Stone t 110 85.00 9,350.00 I SP 9 511 Rock Protection t 47 100.00 4,700.00 SP I 10 SP River Stone t 50 90.00 4,500.00 11 1860 Geotextile I SP i) Armour Stone - (600R) m2 200 5.00 1,000.00 ii) Rock Protection - (360R) 2 80 3.00 240.00 I m iii) Live Crib Wall- (360R) 2 285 3.00 m 855.00 I 12 SP Live Crib Wall i) 7 Logs High m 31 725.00 22,475.00 I ii) 11 Logs High m 14 810.00 11 ,340.00 I 13 SP Plant Material i) Chokecherry (200cm hI.) ea 8 30.00 240.00 I ii) White Cedar (15Ocm ht.) ea 20 80.00 1,600.00 I iii) Black Chokeberry (60cm pot) ea 54 25.00 1,350.00 Page 3 of 6 pages I I I I I I I I I I I I I I I I I I I ITEMIZED BID CONTRACT NO. CL2OO8-21 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-21 for the following unit prices. Spec. No. SP (P) The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications Refers to Special Provisions Plan Quantity Payment Item e, ~''''';;;;1,,~".,:.\,,; _.. <,',. .., ;;i&i;;>;!'r';;"",Ji~.:C);$!"'c;.~ "A':"+'1I"!Wi'll!\liie""'.""~~}"'~"'J'""'.;,!,",!~_ ~_.~ -. _ 1,..,'l;;;J<<i ~.. ~~ if;::. -. 0. 'J" ~ ;p h'h~~1~;'1' ~ ~ ~.s:"li1' ;;K~o<+~z., ,l' ~ 4 'r' -:." ~,~~ f~:;" It: f.,tlc~I~~,~\ ~ F.~~~,,& l: '.,.....~:t ~ .< _'~, i"l.': y ^, "ft;, J;,'mi..1r.-,' '..r,' 0"" '," . ",: ~ +1', -... l"_':',€t?,,~. -., . ,l'.- .' < " ' NJ,~ r;", 1,,,< ". f' ,,,,1.'4 .~ -.;: ,~ ., ,;;,. " ,,'- ~"l':;- ,'", .;,;" ><~ w _ '.{~ .~, [;;' ,I'. _ ' "~;<+;..' ;;" \ '!'\'2!':llt~ iv) Gray Dogwood (60cm pot) ea 15 35.00 525.00 v) Red Osier Dogwood (50 cm ea 64 25.00 1,600.00 pot) vi) Snowberry (60cm pot) ea 18 25.00 450.00 vii) Pussywillow (80cm pot) ea 7 25.00 175.00 viii) Pussywillow (40 cm pot)- ea 45 25.00 1,125.00 Live Crib Wall ix) American High Bush ea 25 25.00 625.00 Cranberry (50cm pot) 14 570 Topsoil (imported) and Seed m2 500 4.50 2,250.00 572 15 577 Light Duty Silt Fence m 100 12.00 1,200.00 SP 16 SP Erosion Control Blanket m2 500 4.00 2,000.00 17 SP Vortex Weir m 6 500.00 3,000.00 18 512 Gabions 3 24 300.00 7,200.00 m SP 19 351 Sidewalk m2 18 75.0 1,350.00 SP 20 MOC Remove, Salvage and Reinstate 1.2 m 18 150.00 2,700.00 SP m High Galvanized Chain Link Fence 21 MOC, SP Miscellaneous Works LS 4,000.00 22 SP Bonds, Insurance and Maintenance LS 2,000.00 Security Tenderer's GST Registration No. 104810346 P:\Dept 12\12-29604\Specs\(CL2008-21 Item Bid(SignDocs).xls)Sign Docs Page 4 of 6 pages I I I I I I I I I I I I I I I I I I I AGREEMENT TO BOND (to be comoleted bv Boodiol!: Comoaov) CONTRACT NO. CL2008-21 Bond No.: 83-5954-08-13 WE, the Undersigned, HEREBY AGREE to become bound as Surety for S & F Excavatinl!: Limited in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) ofthe 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.CL2008-21 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 2nd 2008 this day of June A viva Insurance Comoany of Canada Name of Bonding Company Jacauie Miller 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 5 of 6 pages I I I I I I I I I I I I I I I I I I I - SCHEDULE OF TENDER DATA CONTRACT NO. CL2008-21 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 and 4 Agreement to Bond Page 5 Schedule of Tender Data Page 6 B. STANDARD TERMS AND CONDITIONS Pages 1 to 9 C. SCHEDULE C - CONTRACTOR SAFETY Pages I to 9 D. INSTRUCTIONS TO TENDERERS Pages I to 5 E. SPECIAL PROVISIONS - GENERAL Pages 1 to 14 F. SPECIAL PROVISIONS - TENDER ITEMS Pages I and 19 G. DESIGN GUIDELINES - SECTION 900 H. STANDARD DRAWINGS I. PERMIT TO TAKE WATER J. G.R.C.A. WORK PERMIT K. PLANS: Drawings No. 1,2 and LI L. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition ofthe following Ontario Provincial Standard Specifications. OPSS No. Date OPPS No Date OPSS No. Date 127 Apr. 2007 351 Nov. 2005 570 Nov. 2007 128 Apr. 2006 511 Nov. 2004 572 Nov. 2003 182 Nov. 2000 512 Nov. 2004 577 Nov. 2006 201 Nov. 2007 518 Nov. 2006 1860 Mar. 1998 206 Nov. 2000 565 Nov. 2007 M. 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, I1we hereby identitY this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2008-21, executed by me/us bearing date the L day of June 2008 and we have fully read all related docum ts to tender ta as listed above. POSITION President NAME OF F (COMPANY SEAL) Privacy Legislation Federal legislation governs the collection and use of personal infonnation from individuals. We represent and warrant to the owner that we have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project administration, for contact purposes. This is Page 6 of 6 Pages to be submitted as the Tender Submission for Contract No. CL2008-21. I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARlNGTON CONTRACT NO. CL2008-21 STANDARD TERMS AND CONDITIONS P:lDept 12\12-29604\SpecsIC12008-2J-T&C.doc I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS 1 The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract except where noted below. . Clause 8 of the "Standard Terms and Conditions" shall be superceded by Clause 8, "Payments" of the "Special Provisions - General" Section of the Contract. . Clause 15 of the "Standard Terms and conditions" shall be superceded by Clause 2, ''Guaranteed Maintenance" of the "Special Provisions - General" Section of the Contract. . Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract. . Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause 6.03.02 of1he OPS General Conditions of Contract (November 2006) which requires a $5,000,000.00 liability coverage. . Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 19, "Workplace Hazardous Materials Information System (WHMIS)" of the "Special Provisions - General" Section of the Contract.. ---_.__.~-~ STANDARD TERMS AND CONDITIONS 2 I I I I I I I I I I I I I I I I I I I 1. DEFINITIONS Municipality - The ColJlOration of the Municipality of Clarington, its SuccessolS and assigns. Bidder - The person, finn or colJlOration submilling a bid to the Municipality. Company - The person, contractor, finn or COIJlOration to whom the Municipality has awarded the conlracl, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and suretY. Subcontrac:tor - A person, finn or colJlOration having a conlracl with the company for, or any part of, the work. Document - The document(s) issued by the Municipality in response to which bids are invited to perfonn the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. Work - All labour, materials, products, articles, fixtures, servk:es, 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 Municipality of Clarington Purchasing By-law #2006- 127 and will apply for the caling, receiving, and opening of bids. The Municipally win be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By- law. The bid must be submitted on the fonn(s) and in the envelope suppled by the Municipality uniess otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any fonn of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by ailerations to the document unless otherwise provided herein. Failure to return the document or invitation may. result in the removal of the Bidder from the Municipality's bidder's 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 conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS 3 3. CONTRACT The contract consists of !he documents aforementioned. The contract and portions thereof lake precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shaD supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Biddefs standard or genemI con<itions of sate shaD be of any effect unless expliciUy agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's conlacl identified in the document. Any such clarification so given shaD not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto wiD be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated. 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 quantity of goods, materials, articles or equipment, shaD accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject 10 further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. 7. PRICING Prices shall be in Canadian Funds, quoted separately for each ilem stipulated, F .O.B. destination. Prices shall be firm for the duration of the contract. Prices bid must inciude all incidental costs and the Company shall be deemed to be satislied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point. iI must be obtained plior 10 the submission of the bid. Payment shall be fuil compensation for all costs related to the work. including operating and overhead costs to provide work to the satisfaction of the Municipality. STANDARD TERMS AND CONDITIONS 4 I I I I I I I I I I I I I I I I I I I All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and aD other charges of every kind allributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabric:aIe any part of the work outside of Canada, it shall arrange its shipping procedures so thai its agent or representative in Canada is the importer of record for customs purposes. Should any additional lax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become direcUy applicable to work specified in this doannent subsequent to its submission by the Bidder and ll!lfore the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compens~ for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, induding final payment shan not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and slillunsetlled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be suffICient to remedy any defed or deficiency in the work, pending correction ofil. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent. copyright or other proprietary right. and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and p~nt license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer intringes. 10. ALTERNATES Any opinion with regard to the use of a proposed altemate determined by the Municipality shall be final. Any bid proposing an altemate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS 5 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is enliIled 10 request of the Company 10 fumish reasonable evidence that financial arrangements have been made 10 fulfil the Company's obligations under the Contract. 14. LAWS AND REGUlATIONS The rompany shall comply with relevant Federal, Provincial and Municipal stalules, regulalions and by-laws pertaining 10 the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subconlractors. 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 \0 one year after the actual delivery date or complelion of the work (or specified . warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due \0 defect in design, material or workmanship, or otherwise fails 10 meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or faiure VIliIhoul cost 10 the MunlcipaUty. The company shaH. pay aU transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by iem, or part thereof, groups of ilerns, or parts thereof, or all ilerns of the bids and 10 award contracts 10 one or more bidders submitting identical bids as 10 price; 10 accept or reject any bids in whole or in part; 10 waive irregularities and omissions, if in so doing, the best interests of the Munlciparl\y wiD be served. No Iiabiliy shaH accrue 10 the MunicipaUty for its decision in this regard. Bids shaH be irrevocable for 90 days after the official closing time. The placing in the mail or delivery 10 the Bidders shown address given in the bid of a notice of award to a bidder by the Munlcipaliy shall conslilule notice of acceptance of contract by the Municipaliy 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 its credoors; then, in any such case, the Munidpaliy may, without notice; terminate the contract. b. If the company: fails 10 comply with any request, instruction or order of the Municipality; or fails 10 pay its accounts; or fails to comply with or persistently disregards staMas, regulations, by-laws or directives of relevant authorities relating 10 the work; or fails 10 prosecute the work with skill and dHigence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in defaull in carrying out its part of any of the tenos, 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 10 any other rights or remedies the Municipaliy may have and without incurring any fiabHiy whatsoever in respect therelo. STANDARD TERMS AND CONDITIONS 6 I I I I I I I I I I I I I I I I I I I d. If the Mun~lity tenninates the contract, it is enOOed to: i) take possession of aU work in progress, materials and construction equipment then at the project site (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 ciR:umstances; i1) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality by reason of the company's defauft (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 CANCEUATION The Municipality shal have the right, which may be exercised from time to time, to cancel any uncompleted or unpelformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a setUement. The Municipality shall not be rl8ble to the Company for loss of anticipated profit 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 acctr.lte, are fumished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unft complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submftted stricUy in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless addftional time is granted. Samples must be submftted free of charge and will be retumed at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Oata Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposft in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be retumed before the 60 days have elapsed providing satisfactory evidence is provided that allliabililies 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 shall, W the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS 7 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the ContradOf's personnel must be covered by the insurance plan under the Workplace Safely and Insurance Ad, 1997, or must provide an identification number from the WSIB verifying lheirstatus as an "Independent 0peraI0r". 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 10 the board have been made. Prior to final payment. a Certificate of Clearance must be issued illditatio IQ aH paymenls by the Company to the Board in conjunction with the subject ConIract have been made and lhaIthe Municipality wiD not be liable to the Board for fulure payments in connection with the Company's fulfilment of the contract. Fwlher Certificates of Clearance or other types of certificates shaD be provided upon request. For Independent contractors I Owners I Operators who do not have WSIB coverage, the foUowing shaH be provided upon request by the Calling Agency: Single Independent Contractors I Owners I Oparators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operalor status and identification number. To obtain this, contractors must complete the form "Determining workerllndepandent 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 Safety & Insurance Board confinning they have pun:hased the optional WSIB coverage. The Municipality of OarifIQton has the right to reject any bid ~ deems 10 provide insufficient coverage. 23. INSURANCE The company shall maintain and pay for Comprehensive General Uability insurance incIudifIQ premises and aU operations. This Insurance coverage shaH 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 respect 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 shall be provided upon request 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suils, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and aU damage 10 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 iIs employees. The Company agrees 10 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 iIs employees shall be made a party 10 any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefuHy examine the s~ and existifIQ buildifIQ and services affectifIQ the proper execution of the Work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment win be allowed for work or difficulties encountered due to con<:fdions of the ~e which were visible or reasonably inferable. prior to the date of submission of Tenders. Bidders shaU accept sole responsibility for any error or neglect on their part in this respect. STANDARD TERMS AND CONDITIONS 8 I I I I I I I I I I I I I I I I I I I 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulalions, Orders-in-CounciI and By-laws, which could in any way per1ain to the wall< ouUined in the Conllacl or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a COnllaclor, a ConstJuctor and'or Employer with r8Sp!lCIlo or arising out of the performance of the Company's obligations under this Conllacl. The Company shaH be aware of and conform 10 all governing regulations including those establshed by the Municipality relating 10 employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shan provide Material Safety Da1a Sheets (MSOS) to the Municipality for any suppUed Hazardous Materials. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the wall<. The Municipality shan have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, atlachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the company from time 10 time of any part or an of the wall< for such reasonable period of time as the Municipality may detennme. The resumption and completion of wall< after the suspension shan be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company 10 make changes 10 the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices 10 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 shan be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall seD goods or services to the Municipality in accordance with the MunicipaDty of C1aringlon Policy or have a direct or indirect interest in a Company or own a Company which sens goods or services 10 the Municipality. 31. MUNICIPAl FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT IMFIPPAI All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientifIC, technical, commercial, proprietary, or similar conIidential 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 C1arington, or such other entity as the Municipality may designate, with written consent to perform a criminal I I I I I I I I I I I I I I I I I I I STANDARD TERMS AND CONDITIONS 9 background check including Criminal Code (Canada) convictions, pardooed sexual offences, records or convictions under !he ControUed Drugs and Substances Act, Narcotics Control Act and Food and Drugs Act and at outstanding warrants and charges for every individual who may come into direct QOntract wilh youth or who are pennitted entrance to prival$ or reslricted areas or residences. This will be'done at no cost to the Municipality and any such requested document will be submitted to 1he Municipality in its true form in advance of commencement of worle The Municipal issued identification card must be wom when individuals are at a site where Ihere is direct contact with youth or where access to any prival$ or restricted area is anticipal$d. The Municipal identification card is valid for 1he l$rm of 1he contract only or a one year l$rm, whichever comes first Under 1he l$rms of !he contract, 1he MunicipalIty has the sole and unfettered discretion to prohibit an individual from coming into direct contact with youth or enl$ring a prival$ or restricted area on a regular basis and to terminate 1he contract if !he bidder/partner fails to obtain or renew the Municipal identification cards according to Municipal policy and procedure. The Municipality of ctarington reserves the right to cancel and/or suspend !he conlJact immediately and unilaterilUy and without penalty to 1he Municipality should !he service provider fail to provide the required documentation or o1herwise adhere to this procedure. "The Chief AdminislJative Officer has 1he final say in determining any final action: I" I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-21 SCHEDULE'C'-CONTRACTORSAFETY P:1Dep112\12-29604\Specs\3 -CL-8c:hedule (C).doc I" I I I I I I I I I I I I I I I I I I 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 perfonnance 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 oroiect; . every employer and every worker performing work on the oroiect 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 estabfishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parKing lot, cofferdam, conduit, sewer, watennain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, . the moving of a building or structure, and . any work or undertaking, or any lands or appurtenances used in connection with construction. Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in <;annection with a project. 2 I I I I I I I I I I I I I I I I I I I 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 oontract. 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 substancesJhazardous 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 and/or oontractors. c) The request for tender/quotations will require prospective oontraclors 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 oontract, oontractor(s) will be required to complete and sign the Health and Safety Praclice Form (Schedule "A"). The Purchasing Office will maintain all oontractors safety performance reoords. e) As part of the tender/quotation oonditions, before award of a contract, the oontractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part ofthe tender/quotation oonditions, before award of a oontract, 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. I" I I I I I I I I I I I I I I I I I I 3 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... i) The contractor has the responsibility to provide any and all presaibed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. I) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. 4 I I I I I I I I I I I I I I I I I I I '. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the 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.) I" I I I I I I I I I I I I I I I I I I 5 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, IIwe will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific policies and procedures and other applicable legislation or regulations. IIwe will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, a) . are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "Acr); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this conlractltender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractorltender. 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 contract/tender; 6 I I I I I I I I I I I I I I I I I I I SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... b) against any action or daim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contractltender; and c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contractltender. .....s.tf....~.~.~~...4.~:.\A.........................P~\..~\:....4y..................... Contractor Name of Person Signing for Contractor I' I I I I I I I I I I I I I I I I I I 7 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) Provide warning to the contractor to immediately discontinue the unsafe work practice described below . Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. PART "A" - DETAILS OF CONTRACT CONTRACT/P.O. # DESCRIPTION: NAME OF FIRM: PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) . . SCHEDULE (C) CONTRACTOR SAFETY DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE & TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART "CO - 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. 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-21 INSTRUCTIONS TO TENDERERS P:\Dept 12\12-29604\SpecsICL2008-21-lT.doc I I I I I I I I I I I I I I I I I I I INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-21 CLAUSE SUBJECT PAGE 1. GENERAL.................................................................................................................. 1 2. BLANK FORM OF TENDER............................................................................................ 2 3. TENDER DEPOSITS............ ......... ......... ...... ................ ..... .. ..... ........ ....... ... ....... .. ... . ....... 2 4. BONDS ...................................................................................................................... 2 5. RlGHT TO ACCEPT OR REJECT TENDERS ........................................................................3 6. UNACCEPTABLE TENDERS ........................................................................................... 3 7. ABILITY AND EXPERlENCE OF TENDERER...................................................................... 3 8. PROVINCIAL SALES TAX.............................................................................................. 3 9. GOODS AND SERVICES TAX (GST) .................................................................................3 10. EXECUTE CONTRACT DOCUMENTS ............. ........................ ...... ............... .............. ....... 3 11. COMMENCEMENT OF WORK ........................................................................................ 4 12. LOCATION. ....................... ......... ............. ................. ............. .................. .......... ......... 4 13. SOILS INFORMATION AND CROSS-SECTIONS ..................................................................4 14. TENDERERS TO INVESTIGATE ...................................................................................... 4 15. INQUIRlES DURlNGTENDERlNG.................................................................................... 4 16. AWARD OF THE CONTRACT ......................................................................................... 5 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR............. 5 18. ADDENDA..... ....... .................... ......... ...... ................. ............................. .............. ....... 5 19. UTILITIES ....... ....... ........ ....... .... ................ ..... ............ ......... ............ .... ... ......... ...... ..... 5 I I I I I I I I I I I I I I I I I I I PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-21 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2008-21" will be received until: 2:00:00 P.M., LOCAL TIME, WEDNESDAY, JUNE 4,2008 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington 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, 2'd Floor, 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 ejected 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. CL2008-21 2. I I I I I I I I I I I I I I I I I I I 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 Depo$it . Rilq!lired $ 20,000.00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his 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. I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-21 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 of 90 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-21 4. I I I I I I I I I I I I I I I I I I I Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of the General Conditions. 12. LOCATION The work is located on Foster Creek, at the Robert Street culverts. The culverts are located on Robert Street, Newcastle, Municipality of Clarington. The work is limited to a 20 m length immediately downstream of the Robert Street culverts, and a 25 m length immediately upstream of the Robert Street culverts 13. SOILS lNFORMA TION AND CROSS-SECTIONS Geotechnical investigations are not deemed necessary for the works undertaken by this Contract. Design cross-sections may be viewed for information purposes at TSH, Cobourg. 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: Stu Stanley, C.E.T. or Ron Albright, P. Eng. I I I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-21 5. I I I I I I I I I I I I I I 16. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Municipality of Clarington. 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 Municipa]ity of Clarington. Wherever the word "Ministry", "M.T.C.", "M.T.O." or "M.N.R." appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Ministry of Natural Resources" or the "Corporation of the Municipality of Clarington". Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. 18. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part ofthe submitted bid. Failure to do so will result in disqualification ofthe bid. 19. UTILITIES Plans illustrating proposals for the relocation of utilities are available for inspection at the office of the Contract Administrator. For additional information regarding existing utilities the Contractor may contact the following personnel: Ms. Kimberly McLellan Bell Canada Tel: 905-433-3061 Mr. Jamie Rochford Enbridge Consumers Gas Tel: 1-4]6-758-7933 Ms. Cindy Ward Roger Cable T.V. Ltd. Tel: 905-436-4138 Mr. Peter Petriw Veridian Connections Tel: 1-888-445-2881 Ext. 3252 I I I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-21 SPECIAL PROVISIONS - GENERAL P:\Dept 12\12-29604\Specs\CL2008-21-SPG.doc I I I I I I I I I I I I I I I I I I I INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2008-21 CLAUSE SUBJECT PAGE 1. PLAN QUANTITY ITEMS..................................................................................................................1 2. GUARANTEED MAINTENANCE .....................................................................................................1 3. CONTRACT TIME AND LIQUIDATED DAMAGES....................................................................... 1 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ..................................................................2 5. OPS GENERAL CONDITIONS......................................................................................... ..................2 6. LAYOUT BY CONTRACTOR............................................................................................................2 7. RESTRICTIONS ON OPEN BURNING .............................................................................................3 8. PAYMENTS .........................................................................................................................................3 9. UTILITIES ......................................... ................................. ..................................................................4 10. HAUL ROADS .....................................................................................................................................4 11. DUST CONTROL ................................................................................................................................4 12. TRAFFIC CONTROL, FLAGGING ....................................................................................................5 13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS............................................................... 5 14. MAINTENANCE OF TRAFFIC ..........................................................................................................5 15. EMERGENCY AND MAINTENANCE MEASURES........................................................................6 16 ENGINEERING FIELD OFFICE ............. ............................................................................................6 17. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL......................................................... 6 18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES ............ 7 19. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)........................8 20. SPILLS REPORTING .............................................................................. ............................................. 8 21. TRAFFIC AND STREET SIGNS......................................................................................................... 8 22. GARBAGE COLLECTION.................................................................................................................. 9 23. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES..9 24. CONFINED SPACE ENTRY ...............................................................................................................9 25. ENTRY ONTO PRIVATE PROPERTY ............................................................................................10 26. STORAGE AREAS ......... .................................................... ..... .......................................................... 10 27. GENERAL LIABILITY INSURANCE..............................................................................................10 28. CONSTRUCTION LIEN ACT ...........................................................................................................1 0 29. V ARlATIONS IN TENDER QUANTITIES......................................................................................11 30. PROPERTY OWNER'S RELEASE OF PRIV ATEL Y OWNED LAND USED BY THE CONTRACTOR..................................................................................................................................12 31. ENVIRONMENTAL PROTECTION PLAN .....................................................................................13 I. I I I I I I I I I I I I I I I I I I PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 l. PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.16 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 3. CONTRACT TIME AND LIQUIDATED DAMAGES (I) Time Time shall be the essence of this Contract. For purposes of this Contract, GC 1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC1.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion ofthis Contract as defined in GC 1.06 of the General Conditions on or before October 17,2008. All in water works must be completed by September 15,2008. 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 ofthe Contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the Contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 2. I I I I I I I I I I I I I I I I (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 DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for completion. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.0 1.1 0 is defined as an employee ofthe Contractor. 5. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, November 2006. 6. LAYOUT BY CONTRACTOR Prior to the commencement of any construction layout, the Contractor shall verify the vertical accuracy of all temporary and permanent benchmarks and primary horizontal 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. The Contractor shall provide a Summary Report of all aforementioned checks made to the Contract Administrator prior to the commencement of construction layout. Any discrepancies between the Contract Drawings and field checks shall be reported immediately to the Contract Administrator. The Contract Administrator shall provide construction layout information prior to construction commencement. Costs associated with field verification work undertaken by the Contractor shall be included in the Contractor's tender bid. I I I I II I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 3. 7. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 8. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1/2 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 ] 0% to 2-112%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07.03(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04.03. 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 release of the remaining holdback will be issued within ]20 days after the date for completion as specified under GC] .06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition ofthe final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. Acceptance by the company of the final holdback payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the Contract and still unsettled. 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. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 4. I I 9. UTILITIES I Sections GC2.0 I and GC7.13 02 of the General Conditions are deleted in their entirety and are replaced by the following: I "The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction." I The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. I I I The Contractor shall note that compliance with the Ministry of Labour's separation by "Time and Space" of separate Contractors working in the same general area, shall apply and shall require coordination of utility activities of both parties by the Contractor. I 10. HAUL ROADS I When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. I As a part ofthe work required under Section GC7.06 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. I I I 11. DUST CONTROL 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. I 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 I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 5. levels, shall be paid for by the Authority at the Contract prices for Application of Water or Application of Calcium Chloride. 12. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in 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. 13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 ofthe 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 ofthe "OTM Book 7". A Traffic Control Plan indicating all traffic signage layout and types in a neat legible manner shall be submitted for approval by the Contract Administrator a minimum of two weeks prior to construction commencement and shall be in accordance with the latest edition of the "OTM 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. Traffic controls shall be operational before work affecting traffic begins. 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. 14. MAINTENANCE OF TRAFFIC The following traffic maintenance arrangements shall be in effect during work on this Contract. It is the intention of the Contract that vehicular access to the properties on Robert Street be provided at all times except for short periods during the working day when construction equipment or material delivery may restrict access. It is understood that implementation oftraffic controls will require ongoing review and adjustment to suit construction operations. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 6. I I I I I I I I I I I I I I I I I I I No deviation from the above procedure will be allowed except with the approval of the Engineer. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. Robert Street shall be accessible to the public at all times excepting only short durations where off-loading of construction materials may cause minor pedestrian traffic delays. 15. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official ofthe 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. 16. 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. 17. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements ofOPSS 180 shall apply to this Contract, revised as follows: .1 Section 180.03, Definitions, shall be amended by the addition of the following: Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. .2 Subsection 180.07.02, Conditions on Management as Disposable Fill, 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. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 7. The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 180-1, OPSF 180-2, OPSF 180-3 and OPSF 180-4 and 180-5 for use where appropriate with respect to disposal of excess material. 18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a( I) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits ofthis 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 of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H lAB, of the location( s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns has been addressed. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 8. I I I I I I I I I I I I I I I I I I I 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. 19. 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. 20. 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. ]980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 21. TRAFFIC AND STREET SIGNS Regu]atory signs such as "Stop" and "Yield" must be maintained throughout. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 9. 22. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. 23. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.0 1.07 of the OPS General Conditions of Contract is amended by the addition of the following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. 24. CONFINED SPACE ENTRY Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: . Mechanical Ventilation Equipment . Gloves . Gas Detector (C95-80) . Full body harness securely attached to a rope . Rope . Gas mask or dust, mist or fume respirator (optional) . 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) . 7 minute Escape Pack . Explosion-proof temporary lighting . Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 10. I I I I I I I I I I I I I I I I I I I 25. ENTRY ONTO PRIVATE PROPERTY The Contractor shall not enter private property or property which is to be acquired to construct the works without the prior consent ofthe Contract Administrator. This requirement will be strictly enforced. 26. STORAGE AREAS Clause GC7.03.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. 27. GENERAL LIABILITY INSURANCE The Municipality ofClarington, Regional Municipality of Durham, Totten Sims Hubicki Associates (1997) Limited and the Ganaraska Region Conservation Authority shall be named as additional insureds. 28. 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 ofthe accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CLlOO8-21 11. 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 terms of the Contract Documents. 29. VARIATIONS IN TENDER QUANTITIES Clause GC.8.01.02 (b) of the General Conditions of Contract is amended as follows: The last sentence beginning "Alternatively" and ending "paid" is deleted and replaced by 'The Municipality shall not be liable to the Company for loss of anticipated profit". SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-2I 12. I I I I I I I I I I I I I I I I I I I 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 Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario LlC 3A6 Re: Contract No. CL2008-21 Dear Sir: 1 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 ofClarington 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. II I I SPECLlLPROVISIONS-GENERAL CONTRACT NO. CL2008-21 13. 31. ENVIRONMENTAL PROTECTION PLAN I The Contractor's attention is drawn to the following environmental protection requirements, which will impact construction activities within or in close proximity to the Foster Creek. These measures are in addition or complimentary to the works included for erosion and sediment control under other items in the Tender. I . Sediment and erosion control items included in this contract shall be implemented prior to any other construction in the vicinity of the creek, in order to prevent any sediment from entering the watercourse (including soil from exposed banks) and to prevent any downstream transport of resuspended sediment. All disturbed areas shall be stabilized upon completion of works or attainment of final grades. I I I . Temporary erosion and sedimentation works should be maintained until vegetation has been re- established to a sufficient degree so as to provide adequate protection to disturbed work areas. I I I I · All sediment traps, check dams and silt fence will be cleaned, as a minimum, when they are 50% filled. Maintenance of these devices is essential. Lack of co-operation on the part of the Contractor will be considered as a major violation to the Plan and the Contract and will result in a shut down of the project operations until maintenance is performed to the Engineer's satisfaction. . All disturbed areas shall be topsoiled (if necessary) and re-vegetated immediately after final grading is completed. . Construction procedures and handling/storage of toxic materials shall conform to Ontario Ministry of the Environment regulations. I · Stockpile or spoil materials shall be prevented from entering the creek. No grading or concrete pours shall occur over or close to the water without adequate barrier measures in place beforehand. The Contractor shall advise the Engineer in advance of placement of any stockpiled material so that the Engineer can determine what protective measure, if any, are necessary. I · Any in-water works (i.e. channel tie-ins, pumping, etc.) will only be permitted during the period from July I to September 15. I . All activities, including maintenance procedures, must be controlled to prevent the entry of petroleum product, silt, debris, rubble, concrete or other deleterious substances into the watercourse. Vehicular refueling and maintenance, including the storage of fuel containers, must be conducted 30 m away from the watercourse banks. I . Maintenance of all proposed vegetation, once established, will be a critical component of the contract during the guarantee period. All temporary erosion and sediment control structures constructed (except dewatering traps) will remain in place during this period unless the Engineer requests their removal. Prior to the end of the guarantee period, if all vegetation has I I I SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-21 I 14. I established successfully, these measures shall be removed (upon notification by the Engineer) as noted under their particular items in the Special Provisions - Tender Items. I . All dewatering discharges must be directed a dewatering trap. Materials from the excavation of the trap shall be removed from the site or controlled as the Engineer directs. The Contractor shall be wholly responsible for the adequate design and maintenance ofthe dewateriog system (ie., pumps, cofferdams, etc.). The design will be subject to the review and approval ofthe Engineer before any work proceeds. I . Maintain continuous and uninterrupted flow downstream of the construction site. Extreme reduction in stream discharge and water level above and below the site must be avoided. I I . No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of the creek shall be limited to the minimum required for construction. . All construction work in areas which in the Engineer's opinion may have adverse effects on the watercourse shall be monitored by a designated representative of the Contractor to ensure compliance with the Plan. I I . All clauses pertaining to the construction/placement of erosion and sediment controls in the Special Provisions-General and the Contract Items, will form an integral part of the project Environmental Protection Plan. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-21 SPECIAL PROVISIONS - TENDER ITEMS P:\Dept 12\12-29604\Spe<:sICL2008-21-SP-TI.doc I I I I I I I I I I I I I I I I I I I PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 ORDER OF PRECEDENCE Where a Specification or Standard exists in the Municipality ofClarington "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". SPECIAL PROVISIONS - TENDER ITEMS: PREFACE A. CONTRACT ITEMS: Items in the Schedule of Unit Prices are intended to cover and include the supply of all labour, equipment and materials necessary for the completion of the various works called for in this Contract. The prices set out in the said Schedule of Unit Prices for said Items shall be full compensation for labour, equipment, and materials supplied and necessary to complete and restore all the work covered by said Items and pertinent changes. B. GENERAL NOTES: CHANNELIZATION AND FISHERIES MITIGATION MEASURES I. WatercourseIFisheries Protection At all times, the Contractor's operations shall be controlled so as to prevent the entry of deleterious materials to the watercourse. Controls shall include, but not be restricted to, the following: a) Erosion and sedimentation control, and protection of environmentally sensitive areas, shall be in compliance with requirements that may be specified elsewhere in the Contract. Sediment and erosion control measures shall be implemented prior to work and maintained during the work phase. All disturbed areas are to be stabilized upon completion of work. b) Dewatering of the watercourse as required to complete the work shall not be constructed or utilized, unless otherwise approved by the Ganaraska Region Conservation Authority and the Engineer. c) Where the Contract does not require work in watercourses or on watercourse embankments, equipment shall not be operated within such areas. d) Where the Contract requires work in watercourses or on watercourse banks, operation of equipment within such areas shall: i) be kept to the minimum necessary to perform the specified work; ii) comply with operational constraints that may be specified elsewhere in the contract; and iii) otherwise proceed in a continuous fashion so as to minimize the duration of such work. SPECIAL PROVISIONS - TENDER ITEMS CONTRACf NO. CL2008-21 2. e) Construction material, excess material, construction debris, and empty containers shall be stored a minimum of 30 metres away from watercourses and watercourse embankments. f) All equipment maintenance, cleaning and refueling shall be controlled so as to prevent any discharge of petroleum products. Vehicular maintenance and refueling shall be conducted a minimum of 30 metres from watercourses and watercourse banks at a location or locations approved by the Engineer. g) Where the area enclosed by cofferdams is dewatered, the Contractor shall release any stranded fish to the watercourse, downstrealll of the work area. Dewatering effluent shall be discharged so as to prevent the entry of sediment to the watercourse. Construction of erosion protection works shall be conducted in the "dry" by using various dewatering structures and pumps. "Dry" means a condition wherein quality workmanship is possible and sedimentation does not occur in the active stream areas. h) No in-water construction will be permitted that may damage fish habitat. Any such damage may result in the Contractor being liable to charges under the Federal Fisheries Act. i) In-water construction will be permitted from July 1st to September 15th. There will be no exceptions to these timing guidelines. j) Motorized equipment shall not travel in the active portion of the stream. k) A settling/filtration basin or adequate silt bag arrangement will be required for processing all water from unwatering operations prior effluent re-entry to the creek. The material obtained from any cleaning-out of sediment traps (i.e. check dams or filter bags) shall become the property of the Contractor and shall be disposed of outside the limits of the Contract at the Contractor's expense and in accordance with the Environmental Protection Act and Regulations and as directed by the Engineer. Such work shall be deemed to be included in this Item and at no extra payment shall be made for it. In the event that the Engineer determines noncompliance with the environmental protection plan, the Contractor shall cease those operations as directed by the Engineer. Such operations shall remain suspended until otherwise directed by the Engineer in writing. 2. WatercourseslFisheries Protection Duriug Watercourse Chaunelization The requirements of this special provision are in addition to those which may be specified elsewhere in the Contract. The Contractor shall provide the Engineer written notice a minimum of 3 working days prior to the date that permission is required to remove the dewatering structure. The removal of the dewatering equipment/structure shall not commence until the Engineer has given approval, in writing, to proceed. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 3. Permission to proceed will be provided if the Engineer determines that: a) The specified surface treatment (stone, etc.) of the watercourse streambed has been completed between the upstream and downstream limits as specified, and that all crib work, armour stone and river stone materials are in place. b) All fisheries compensation/enhancement measures have been completed as specified; c) Sufficient measures are in place so as to prevent the entIy of sediment from areas disturbed by construction to the new watercourse channel; and d) All materials not associated with the completed structures, and all equipment and debris have been removed. 3. Refueling Areas Procedures for the interception and rapid clean-up and disposal of spillages that do occur shall be submitted to the Engineer for review prior to starting work. All materials required for clean-up of fuel spillages shall be maintained readily accessible on site. No fuelling of any equipment shall be carried out within thirty (30) metres of any watercourse. Similarly, all on-site fuel tanks shall be placed at minimum thirty (30) meters from the watercourse Any spills apt to cause impairment to the natural environment must be immediately reported by the Contractor to the Engineer and to the local MinistIy of the Environment and Energy District Office. General: It is intended that the works proposed be executed in such a manner which, to the fullest possible extent, minimizes any adverse effect on the cultural and natural environment of the project area. The environmental conditions of the contract stated herein must be complied with in all respects. It is the responsibility of the Contractor that all his personnel be sufficiently instructed so that the work is carried out in a manner consistent with minimizing environmental insult. Where, in the opinion of the approving Authority, any of the terms, conditions, undertakings and agreements herein have not been complied with or performed in a suitable manner, or at all, the Authority has the right to immediately withdraw its permission to continue the work but may renew its permission upon being satisfied that the defaults or deficiencies in the performance of this work by the Contractor have been remedied. No compensation will be made to the Contractor for the withdrawal of permission to do the work resulting from noncompliance with the requirements of approving authorities or for any delays incurred. General Restoration Restoration shall not be undertaken as a final project task but shall be initiated as soon as backfilling and compaction activities have been completed, except as otherwise approved by the Engineer. All existing grassed areas disturbed by the Contractor's operation for any reason, shall be repaired with a 100 mm depth of topsoil and placement of erosion control blankets with seed. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 4. I I I I I I I I I I I I I I I I I I I The Contractor shall not pennit any excavated materials or other material to be deposited in any watercourses except those materials indicated in the contract documents (i.e. rock protection). These specified materials to be placed in the dry. SITE PREPARATION AND RESTORATION -ITEM NO.1 Under this Item and for the Contract price, the Contractor shall supply all equipment, labour and materials required to complete the works in accordance with requirements of the Ministry of Natural Resources, the Ganaraska Region Conservation Authority and other governmental agencies having jurisdiction in the area of the proposed construction operations, and to the satisfaction of the Engineer. The Contractor must ensure that all required excavation is completed in the active streambed area by using suitable dewatering techniques which will allow the required works to be completed without sedimentation of the stream flow. All trees and shrubs shall be protected with fencing at the dripline. Any tree removal deemed necessary by the Engineer will be compensated for under the Miscellaneous Works Item. Access to the upstream side of the site will be granted through the west limit of the adjacent property (east of the contract limits), as indicated on the Contract Drawings. Access to the downstream side of the site will be granted through the adjacent property (west of the contract limits), as indicated on the Contract Drawings. The Contractor shall be responsible for the design of all temporary access routes and their adequacy to protect the surrounding conditions. Any damage resulting from construction or use of these temporary access routes will be repaired at the Contractor's expense. All materials, equipment and labour supplied by the Contractor for the construction, and subsequent removal of all temporary access routes shall be at the expense ofthe Contractor. Restoration of all area's disturbed by temporary access route construction, removal and use shall be completed using new materials. Restoration shall be completed to reinstate pre-construction conditions, at the expense of the Contractor. Subsequent to the completion of Contract Items, the Contractor shall restore any damage to the roadway, sidewalk, curbs, lawn, fences, landscape features, etc endured during the Contract. Restoration of such items shall be completed using new materials which are equivalent to the existing materials. They shall be placed in the same configuration as the existing materials, at the Contractor's expense. Areas disturbed by construction activity which are outside the proposed grading limits will be considered to be included in the lump sum price bid for this Item. To provide entrance from Robert Street to the proposed access routes, removal of existing steel beam guide rail and posts may be required. All labour, material and equipment required to remove and replace segments of guide rail and posts, to provide this access shall be considered for payment as a part of this Item. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 5. All removed guide rail and post segments are to be salvaged for reinstatement upon the Contract's completion. Work to remove any guide rail shall not be undertaken unless written approval has been obtained from the Contract Administrator. Upon removal of any guide rail, the contractor must supply and install concrete jersey barriers at all exposed end rail locations. Upon the Contract's completion, reinstatement of the guide rail shall be completed using the salvaged materials. They shall be placed in the same quantity and configuration as the existing layout and considered for payment as integral to the work in this item. \ SAFETY FENCING - ITEM NO.2 Work under this Item, and for the unit bid price, the Contractor shall to install and maintain the construction site fences. The fencing alignment shown on the Contract Drawings shall be considered as the minimum requirement. The safety fences shall be constructed at the locations, as shown on the Contract Drawings. The Contract Administrator shall approve the any proposed revisions to these locations on site during placement. The safety fences shall remain in place until the completion ofthe Contract. Fence material shall be typical 1200 mm high snow fence or plastic fence such as products manufactured by "Tenax Corp" and supplied by "Armtec Construction Products". TEMPORARY STREAM DIVERSION - ITEM NO.3 Under this Item for the Contract price bid, the Contractor shall complete the following works: . Divert the creek so that the channelization work can be completed in the "dry" (Reference, Special Provisions Tender Items: General Notes: Channelization and Fisheries Mitigation Measures), as shown on the Contract Drawings. The required diversion work shall be accomplished in four separate stages as follows: Stage I - Upstream. West Channel and Embankment . Construct a cofferdam from the upstream end of the east culvert to the upstream Contract limit. This coffer dam will be configured to divert water away from the proposed upstream west channel and bank area. This cofferdam shall allow creek flow to be conveyed, in its' entirety, by the east channel, and corrugated steel pipe (CSP). . Sandbags filled with pea gravel or other cofferdam materials, previously approved by the Engineer, SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 6. I I I I I I I I I I I I I I I I I I I shall be used for cofferdam construction. . Ensure a minimum freeboard of 0.3 m above existing water level is constructed, to eliminate the risk of overtopping. . Pumping operations shall be undertaken by the Contractor to unwater behind the coffer dam as required, to ensure channel and embankment Items are constructed in a dry condition. All effluent of the unwatering operations shall be discharged to a silt filter bag or sediment/filtration basin arrangement, in conformance with the Unwatering Item. . Complete proposed upstream sediment removal from the west culvert's approach. . Complete the construction of west embankment protection (including,testoration), and cbannel Items. Stal!e 2 - Downstream. West Channel and Embankment . Maintain the upstream cofferdam as originally constructed in Stal!e I for the duration of Stage 2. . Construct a second cofferdam from the downstream end of the west culvert to the downstream Contract limit. This coffer dam will be configured to divert water away from the proposed downstream west channel and bank area. This cofferdam shall allow creek flow to be conveyed, in its' entirety, by the east channel, and corrugated steel pipe (CSP). . Sandbags filled with pea gravel or other cofferdam materials, previously approved by the Engineer, shall be used for cofferdam construction. . Ensure a minimum freeboard of 0.3 m above existing water level is constructed, to eliminate the risk of overtopping. . Pumping operations shall be undertaken by the Contractor to unwater behind the coffer dam as required, to ensure channel and embankment Items are constructed in a dry condition. All effluent of the unwatering operations shall be discharged to a silt filter bag or sediment/filtration basin arrangement, in conformance with the Unwatering Item. . Complete proposed downstream sediment removal from the west culvert's discharge area and throughout its' length. . Complete the installation of west embankment protection (including restoration) and channel Items. . Disassemble the downstream cofferdam arrangement. Stage 3 Upstream. East Channel and Embankment . Slowly open the upstream and cofferdam constructed in Stal!e I to gradually allow flow into the newly completed west channel. . Construct a cofferdam from the upstream end of the west channel works which extend to the I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 7. upstream Contract limit. This coffer dam shall be configured to allow total flow to be conveyed by the newly constructed west channel. . Sandbags filled with pea gravel or other cofferdam materials, previously approved by the Engineer, shall be used for cofferdam construction. . Ensure a minimum freeboard of 0.3 m above existing water level is constructed, to eliminate the risk of overtopping. . Pumping operations shall be undertaken by the Contractor to unwater behind the coffer dam as required, to ensure channel and embankment Items are constructed in a dry condition. All effluent of the unwatering operations shall be discharged to a silt filter bag or sediment/filtration basin arrangement, in conformance with the Unwatering Item. . Complete the instaIlation of east embankment protection (including restoration) and channel Items. Stage 4 Downstream. East Channel and Embankment . Maintain the upstream cofferdam as originally constructed in Stage 3 for the duration of Stage 4. . Construct a second cofferdam from the downstream end of the east culvert to the downstream Contract limit. This coffer dam will be configured to divert water away from the proposed downstream east channel and bank area. This cofferdam shall allow creek flow to be conveyed, in its' entirety, by the west channel, and corrugated steel pipe (CSP). . Sandbags filled with pea gravel or other cofferdam materials, previously approved by the Engineer, shall be used for cofferdam construction. . Ensure a minimum freeboard of 0.3 m above existing water level is constructed, to eliminate the risk of overtopping. . Pumping operations shall be undertaken by the Contractor to unwater behind the coffer dam as required, to ensure channel and embankment Items are constructed in a dry condition. All effluent of the unwatering operations shall be discharged to a silt filter bag or sediment/filtration basin arrangement, in conformance with the Unwatering Item. . Complete the installation of east embankment protection (including restoration) and channel Items. . Disassemble the downstream cofferdam arrangement. . Slowly open the upstream cofferdam constructed in Stage 3. Construct Crossing Structure - (optional at Contractor's discretion) Requirements for crossing arrangement for temporary access across the Foster Creek at upstream and downstream locations are as follows: i) Flow conveyance through the temporary crossing structure is to be provided by two (2) 600mm SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 8. I I I I I I I I I I I I I I I I I I I (minimum) diameter pipes. ii) Pipe cover for the purposes of traversing the crossing shall be at minimum l50mm diameter rip-rap stone. iii) The Contractor shall be wholly responsible for his crossing scheme regarding the structure's adequacy and durability with respect to his intended loadings. Note: The opening size will discharge relatively low flows. Stream discharges may occur from large storm events which will flood the work area. The Contractor may provide a greater flow area, for conveyance purposes, however, any costs resulting from flooding of the work area will be the Contractor's responsibility. Once all of the works are completed under the Stage 2 diversion, the temporary crossing arrangement shall be dismantled. The crossing materials shall become the Contractor's property to be disposed of off site. UNW ATERING - ITEM NO.4 Under this Item and for the Contract price bid, the Contractor shall carry out all pumping works to ensure that the armour stone and crib walls are placed in a "dry" condition, to ensure satisfactory grades and alignment. A settling/filtration basin or adequate silt filter bag arrangement will be required for processing all water from unwatering operations, prior to allowing effluent re-entry to the creek. The Contractor may utilize sandbags to aid in unwatering efforts. All sandbags to be filled with clear pea stone. This Item shall include payment for all necessary pumping and c1eanout of settling/filtration basins, silt filter bags and check dams. Settling/filtration basins, silt filter bags and check dams shall not be allowed to become more than one-half full, and shall be cleaned at the Engineer's direction. EARTH EXCAVATION, GRADING - ITEM NO.5 Scope of Work: The Contractor shall excavate as required for the proposed live crib wall, armour stone walls, temporary gab ion wall removal and rock protection, as shown on the Contract Drawings. Work under this Item includes the excavation required to remove the existing silt sediments from the west culvert's approach and discharge. The work included with this Item includes disposal of all excavated earth and stone material at a site, arranged for by the Contractor at his expense. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 9. Earth Excavation: The excavation for the proposed structures shall not be outside of the neat lines as shown on the drawings unless directed by the Engineer. Backfilling with approved native material will be allowed to obtain required slopes. Fill materials shall not be stockpiled immediately adjacent to the watercourse. Storage areas are indicated on the Contract Drawings. Reference the "Unwatering" Item for pumping operation requirements, with respect to this Item. SEDIMENT REMOVAL FROM WEST CULVERT - ITEM NO.6 Under this Item and for the Contract price bid, the Contractor shall carry out the removal of silt sedimentation throughout the length of the west culvert. Removal of sedimentation shall be carried out to the surface of the existing river stone, which lines the invert of the culvert. The depth of the required sediment removal is approximately 300 mm. The work included with this Item will include disposal of all excavated sedimentation at a site arranged for by the Contractor, at his expense. ARMOUR STONE - ITEM NO.7 Under this Item and for the unit price bid, the Contractor shall complete the following work: Supply and Place Armour Stone Armour stone shall be quarried sound limestone or granite without fractures or "fossilized" segments. Stones shall be selected at the quarry site by the Contractor and the Engineer and marked for delivery. The Contractor shall notify the Engineer 48 hours in advance regarding a time to select the stone. Armour stone shall have a minimum volume of 1.35 m3 and a minimum weight of 3.6 tonnes. Stones shall be placed in conformance with the vertical and horizontal configuration indicated on the contract drawings. Stones shall be selected on the basis of the dimensions necessary to facilitate the design grades, and meet the foregoing requirements. Armour Stone Weir Plu!! and Steel Plate Liner The armour stone weir plug shall consist of the reinforced concrete, geotextile and impermeable membrane as shown on the drawings. The ends of the membrane shall be embedded into the concrete weir plug for a water tight seal. The membrane shall be a flexible HDPE material of 80 mil (2 mm) thickness. This material can be supplied by 'Ram Lining' (Tel: 1-519-524-1904). The HDPE membrane shall be "fish grade" material. The geosynthetic material shall be Terrafix 600 R. The concrete plug shall be 25 Mpa with 7% air entrainment and shall be poured tight to all armour stone surfaces. The steel plate for the plunge pool liner shall have 10 mm thickness and have two coats of galvanized paint. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CLZOO8-21 10. I I I I I I I I I I I I I I I I I I I The upstream vertical ends shall be sealed to the face of the annour stone using the HDPE geomembrane only. FILTER STONE - ITEM NO.8 Under this Item and for the unit price bid, the Contractor shall: . Supply and place filter stone as indicated on the Contract Drawings. The initial stone placement shall be conducted manually, as necessary, to ensure that gaps in annour stone walls are effectively blocked with stone sizes larger than the gaps. The remainder of the filter stone is to be placed after the Engineer has approved the blocker stone arrangement. The Contractor shall ensure that stone of sufficient size is available to block gaps and the remainder of the filter stone shall be sound quarried material in the 100 mm to 200 mm diameter range. ROCK PROTECTION - ITEM NO.9 Srope of Work: The work shall be performed in general compliance with the drawings, OPSS 511 and as directed by the Engineer. The contractor shall supply and place a protective covering of approved rock material at the following locations: . Upstream and downstream roadside embankments at culvert inlet and outlet. . Upstream and downstream limits of crib wall and annour stone wall structures. . Upstream east stream bank from the east culvert inlet to the upstream Contract limit. All locations are to extend to a lateral distance and elevation as noted on the Contract drawings, or as directed by the Contract Administrator. Rock protection shall consist of sound, clean quarried stone to form a protective upon placement. Work under this Item includes placement of geotextile beneath all Rock Protection locations. Placed geotextile shall be in conformance with the Geotextile Item, ofthis Contract. Rock Protection atop geotextile shall be placed without freefall. The quality of the stone shall be approved by the Engineer. Stone shall be ofan angular shape and clear of all fines. Stone shall satisfy the following gradation requirements: Gradation Limits for Stone Protection Maximum Allowable Maximum Allowable Maximum Allowable Maximum Allowable Minus 300 mm Minus 200 mm Minus 75 mm Minus 50 mm 80% 50% 20% 0"10 Placement shall be, carried out in such a manner that the surface of the fmished rock protection shall have a uniform plane/flat appearance, and be without segregation. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 11. NOTE: Payment for geotextile, excavation and dewatering is included under other Items. RIVER STONE-ITEM NO. 10 Under this Item and for the unit price bid, the Contractor shall complete the following work: i) Supply and place river stone of the following gradation: 16% - 300 mm dia. 20% - 250 mm dia. 34% - 200 mm dia. 15% - 100 mmdia. 15% - 75 mm dia. ii) Consult with the EngineerlBiologist prior to the supply of stone and obtain approval of quality. Also cooperate with the biologist to obtain the desired well-graded mix and configuration. iii) River stone shall be placed continuously throughout the channel invert area extending from the upstream Contract limit to the upstream culvert end, and from the downstream culvert end to the downstream Contract limit. iv) Place river stone at the base (outside face) ofarmour stone and crib wall locations as indicated on the Contract Drawings. Note: River stone shall be approved by the EngineerlBiologist prior to supply. GEOTEXTILE - ITEM NO. 11 Work included in this item for the unit bid price shall be as follows: a) Supply and place non-woven geotextile of the following type, or approved equal, in conformance with the lines and dimensions shown on the Contract Drawings, and as directed by the Engineer. i) Armour Stone (600R) ii) Rock Protection - 060R) iii) Live Crib Wall- (360R) b) Supply and installation of geotextile all geotextile under this Contract shall be paid under this Item. Structures where geotextile is measured for payment under this Item include: live crib wall, armour stone wall and rock protection. c) All seams to be overlapped 600 mm and the lap shall be considered as included in the contract unit price. SPECIAL PROVISIONS:- TENDER ITEMS CONTRACT NO. CL2008-21 12. I I I I I I I I I I I I I I I I I I I UVE CRIB WAIL - ITEM NO. 12 Under this Item and for the Contract price bid, the Contractor shall supply all labour, equipment and materials to complete this Item as sbown on the Contract Drawings, and as described herein. The Contractor sball obtain the Engineer's approval regarding the field location of the crib wall.structures prior to work commencing on the wall. The potted willows required to complete the works under this Item sball be supplied from nursery grade materials of type as specified at the end of this Item. Note: For the purpose of payment, the supply and placement of all plants associated with crib wall construction is included in the Plant Material Item. Plant material shall be planted in such a manner that the roots will not be restricted or destroyed. Do not compact soil around roots or hall. No planting shall be done in soil that is too wet or too dry, or otherwise unsatisfactory as determined by the Engineer. No payment will be made for such planting and all further planting work shall be suspended until the Contractor has complied. For container stock or root balls in non-degradable wrapping, remove entire container or wrapping without damaging root ball. The Contractor under this Item shall be responsible for the condition of all plant material as described for two years. During the warranty period, remove from site any plant material that has died, or failed to grow satisfactorily. Replace plant material with the same plants or an approved substitute in the next growing season. Extend warranty on replacement material for a period equal to the original warranty period. Plant material installed less than 90 days prior to frost will be accepted in the following spring, 30 days after the start of growing season provided acceptance conditions are fulfilled. Cedar material may be supplied in cut timber form of similar cross-section or as natural logs with the bark removed. The geotextile shall be carefully cut (minimum diameter) to allow openings for the lateral timbers as required. There shall be 6 willow potted plant bundles placed in each 1.5 m x 0.20 m opening in the crib above the waterline (Note: each bundle to contain 5 individual 15 mm diameter plants tied in two places with string). The bundles shall be placed in two layers alternating to higher and lower layer. The structure sball be positioned such that a horizontal timber runs parallel and embedded a minimum of 600 mm into the earth in the channel invert as shown on the Drawings. Crib wall height (7 or 11 log) locations are to be constructed as noted on the Contract drawings. The stone included within the confines of the crib wall and immediately below the crib wall as shown on the Drawings shall be 200 to 300 mm diameter. The cost for this rock material is included under this Item. Stone shall be clean, sound, quarried limestone. Care shall be exercised to ensure that the appropriate sized graded stone is placed at the wall openings so that the stone cannot be removed and that the plantings are not damaged. The stone used for chinking the openings should be varied gradation from 200 mm to 50 mm diameter and is included in this Item. NOTE: Stone, potted willow plantings and topsoil placement shall be commenced immediately after I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 13. sections of the crib wall are complete in all other respects. The excavation of the bank shall be restricted to a length of crib wall which can be completed each day in order to minimize the risks associated with bank failure, flooding and sedimentation of the watercourse. One layer of dead 10 - 15 mm diameter willow cuttings or evergreen boughs shall be placed throughout the rock fill material as indicated on the drawings. All topsoil required to complete the crib wall and potted willow planting is considered to be an integral part of this Item. Heavy-duty coir Gute net) material shall be fastened to the inside edge of log openings where topsoil is placed in order to protect the topsoil from high flow erosion. It will be necessary to cut small slots in the material to allow for the various plantings. The placement and compaction of topsoil will require care and shall not be undertaken without the authorization of the Engineer. PLANT MATERIAL - ITEM NO. 13 This work shall consist of furnishing all labour, equipment and materials to supply, install and maintain trees, shrubs, perennials and plantings inside the crib wall, and along embankment locations. All plant material is to be approved at its source by the Contract Administrator at least 7 days in advance of shipment. No work under this Section is to proceed without approval. Reference Contract Drawings for the "Plant List". Acceptance of plant material at its source does not restrict rejection on site prior to or after planting operations. Contractor shall schedule his operations so that the planting is done in the fall of 2008. Imported plant material must be accompanied by the necessary permits, import licenses, and conform to Federal and Provincial regulations. Mulch shall be a shredded bark mulch of various sizes. Mulch shall be free of any deleterious materials or diseased wood, and placed as per at planting locations as per the contract drawings. Submit samples of mulch for approval by the Contract Administrator prior to delivery of mulch to the site. Apply anti-desiccant spray to all plant material prior to being transported. Co-ordinate shipping of plants and excavation of holes to ensure minimum time lapse between digging and planting. Tie branches of trees and shrubs securely and protect plant material against abrasion, and exposure to extreme temperature change during transit. A void binding of planting stock with rope or wire which would damage bark, break branches or destroy natural shape of plant. Give full support to root ball or large trees during lifting. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 14. I I I I I I I I I I I I I I I I I I I Keep roots moist and protected from sun and wind. Trees and shrubs that cannot be planted immediately should be kept in shaded areas. The Contractor hereby warrants that plant material installed under this specification section will remain free of defects for 2 full growth seasons. The Contractor will be responsible for warranty of plant material and this warranty will not be conditional. An end-of-warranty inspection will be conducted. During the warranty period, any plant material that has died or failed to grow satisfactorily will be removed within two weeks of written notification by the Owner. Replace plant material in the spring or fall planting season as directed by the Owner. The following materials shall be used to complete the installation of the plant material: Water: Potable and free of minerals which may be detrimental to plant growth. Stakes: Round wooden stakes, 60 mm in diameter and a minimum 2400 mm long. Wire: Galvanized steel wire strand #10 gauge. Mulch should have varying particle size. Contractor shall water plant material as required at own expense. All plant material shall be watered immediately after planting. All plant material shall comply with standards outlined in the guide Specification for Nursery Stock, Third Edition (April 1984) of Canadian Nursery Trades Association referring to size and development of plant material and root baIl. Plant material is to be sized by measuring plants when their branches are in their natural position. Height and spread dimensions refer to main body of tree or shrub. These dimensions should not be taken from branch tip to branch tip. All trees and shrubs are to conform to No. I grade only. Caliper of deciduous trees 100 mm or less shall be measured 15 cm above grade. Caliper of deciduous trees greater than 100 mm shall be measured 30 cm above grade. Use trees that are structurally sound with strong fibrous root systems, free of disease, insects, defects and injuries. Use trees with straight trunks exhibiting branching patterns characteristic of the species being planted. Plants must have been root pruned regularly, but not later than one growing season prior to arriving on the site. Substitutions to plant material as indicated on Contract Drawings are not permitted unless written approval has been obtained from the Contract Administrator as to type, variety and size. Plant substitutions must be of similar species and of equal size or larger than those originally specified and at no additional cost to the Owner. Stake out location of trees and planting beds as per Contract Drawings. Make necessary adjustments in layout. Obtain approval of all tree and shrub locations in the field from the Contract Administrator prior to excavating and/or planting any material. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 15. Plant only under conditions that are conducive to the health and physical condition of the plants. Provide a planting schedule. Extending planting operations over a long period will not be accepted. All plant material to be planted in accordance with the planting details on the Contract Drawings. Provide drainage for planting pits in heavy soil if natural drainage does not exist. Have method approved. Protect bottom of planting pits against freezing. Remove water which enters an excavated area prior to planting. Ensure that the source of water is not ground water. Report immediately to Contract Administrator if groundwater seepage is observed. Tree pits excavated with a mechanical tree spade will not be accepted. For detailed description of topsoil, see Topsoil specification. Dig planting pits according to locations approved in the field by the Contract Administrator. Set the tree to ensure that the top of the root ball is 50 to 100 mm above proposed adjacent grade unless otherwise indicated or directed on site. Plant trees and shrubs vertically ensuring that the roots are arranged horizontally. Orient plant material to give the best appearance in relation to view from the surrounding structures, roads and walks. Plant trees with balled and burlapped root balls by loosening and cutting away a minimum of the top 1/2 of burlap without disturbing the root ball. Do not pull the burlap out from underneath the root ball. Any wrapping that is not bilHlegradable must be removed. Plant trees with balled and burlapped root balls by tamping planting soil around the root system with the butt end of a shovel in order to eliminate air voids. Frozen or saturated planting soil is unacceptable. Water only after the backfilling of planting soil has been completed. Cut binder twine from base of balled and burlapped root ball. Plant trees with frozen root ball material by mulching planting pit to prevent thawing/freezing cycle. Root ball shall sit on firm, unexcavated soil. Wire baskets to be cut away to the top 1/3 of the rootball. Dispose portions of wire basket off site. Remove all trunk wrapping from trees. Stake deciduous trees 40 mm to 100 mm caliper; using round wooden stakes, a minimum of 2400 mm in length, driven 750 mm into bottom of tree pit taking care not to damage the main roots. Fasten tree to stakes with tree ring; thread wire through metal grommet in webbing strip, and fasten securely to metal stake. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-2I 16. I I I I I I I I I I I I I I I I I I I For trees larger than 100 mm caliper: provide guy wire and spanflX fasteners with appropriate anchor support where required by top heavy trees or as requested by the Contract Administrator. Prune trees and shrubs after planting, removing only dead, dying or weak branches. Employ clean sharp tools and make cuts 6 mm from main branch, smooth and sloping as to prevent accumulation of water. Remove branches that rub causing damage to bark. Do not damage led branches or remove smaller twigs along main branches. Obtain approval of planting before mulching material is applied. Loosen soil in planting pits and remove debris and weeds. Spread the mulch to a minimum thickness of 100 mm. When mulch is placed in the spring, place after the soil has warmed up and no frost is present. Remove excess topsoil and mulch from the site and repair damage to sodded and existing plant material caused by the planting operation. Soil or debris that spills onto pavement is to be cleaned up immediately. Payment for tree planting will include acquiring utility stake-outs, plant material, field location approvals, excavation of the pits, supply and placement of planting soil mix (as required), backfilling, fertilizing, mulching, staking, watering, pruning, and a 2 year guarantee. At the end of the two-year warranty period, the Contract Administrator will conduct a final inspection of all trees, perennials and shrubs including any replacements made during the warranty period. The Contractor shall ensure the following: . All tree replacement obligations have been completed, as identified by the Contract Administrator. . All plant material will be exhibiting healthy growth, free of diseases and/or insect infestations. . All tree pits shall be free of weeds. . All tree stakes, wires and tree rings shall be removed from the plant material and disposed of off- site. During the warranty period, remove from the site any plant material that has died or failed to grow satisfactorily as determined by the Contract Administrator. Replace this plant material immediately with plant material ofthe same size species as originally specified. Measurement for payment will be by each plant installed. TOPSOIL (IMPORTED) AND SEED-ITEM NO. 14 Under this Item and for the bid unit price, the Contractor shall supply and place imported topsoil at all areas to be seeded, to a minimum consolidated depth of 100 mm. The quality of topsoil provided by the Contractor will be subject to the Contract Administrator's approval. Native Seed shall be distributed manually, and contain a mix consistency: 25% Canada Wild Rye (Elymus canadensis) 25% Switchgrass (Panicum virgatum) II I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 17. 25% Big Blue Stem (Andropogon getardii) 15% Little Blue Stem (Schizachyrium scoparium) 10";' Tall Mana Grass (Glyceria grand is) Completion of this Item is to be performed immediately upon the completion ofan area's disturbance. Watering shall be carried out to ensure proper germination and subsequent growth to a height of 75 mm. Water supply and application necessary to achieve the desired growth is the Contractor's responsibility under the unit price for this Item. Measurement for the purpose of payment under this Item shall be made by the square metre, in place. Payment for this Item at the Contract unit price shall be full compensation for the supply and placement of the topsoil, and seed to the satisfaction of the Contract Administrator. LIGHT DUTY SILT FENCE - ITEM NO. 15 The Contractor shall be paid for his sediment control fencing on the basis of the unit price for this Item, including all maintenance necessary to keep the fence fully operative. The unit price bid shall include for the removal of all fence once vegetation has established. . Light duty silt fence shall be constructed in accordance with OPSD 219.110. EROSION CONTROL BLANKET - ITEM NO. 16 Under this Item and at the bid unit price, the Contractor shall protect all seeded areas with a staked Erosion Control Blanket (North American Green - S150, Tel.: 1-800-448-2040). Erosion Control Blankets shall be secured in accordance with suppliers/manufacturers directions, with particular concentration on the staking of the blanket to secure on slopes using wooden or steel pins. VORTEXWEIR-ITEMNO.17 Under this Item and at the bid unit price, the Contractor shall supply all labour, equipment and materials to construct the vortex weir as shown on the Contract Drawings and stipulated herein. The Contractor shall place 1000 to 1200 mm cubicle armour stone (approximately 3 t to 4.5 t each) in the configuration indicated on the drawings. The weir shall have a minimum of 5 armour stones, which shall be interspersed with river stone in the 200 mm to 300 mm diameter size. The armour stone pieces shall be embedded 600 mm into the channel invert. The weir's stones shall be unfragrnented quarry stone approved at the quarry by the Engineer, prior to delivery. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-21 18. I I I I I I I I I I I I I I I I I I I Each stone shall protrude 250 to 300 mrn above the stream invert. Smaller river stone (ISO - 200 mm diameter) shall be placed in the vicinity of the armour stone gaps. GABIONS - ITEM NO. 18 Under this item and for the contract unit price, the Contractor shall supply all equipment, labour and materials to complete the following (to enable the installation of the armour stone retaining wall and repair of existing gabion retaining wall at the west culvert inlet): i) Temporarily remove gabion stone from the upper two rows of the existing gabion wire baskets for a length of 12 meters, as indicated on the Contract drawings. Note: Removed stone shall be preserved for the purposes of refilling the wire baskets upon armour stone retaining wall completion. ii) Replacement of gabion stone and sections of wire basket (may require splicing) as necessary. iii)Provide backfill for the gabion wire baskets with native earth backfill. Work to be paid under this Item shall not be undertaken unless written approval has been obtained from the Contract Administrator. The Contractor may provide an alternative method for the Contract Administrator's approval at the time of construction. However, the bid price for this Item shall include only the removal and reinstatement works specified herein. SIDEW ALK- ITEM NO. 19 Where new sidewalk abuts existing sidewalk an expansion joint shall be constructed at these locations. Every joint shall be a contraction joint except where expansion joints are indicated. The unit price bid shall include for all minor excavation required where existing sidewalk is being replaced. All sidewalks shall be constructed in accordance with Standard Drawing C-307. Under this Item and for the contract unit price, the Contractor shall supply all equipment, labour and materials to remove and replace 12 meters of concrete sidewalk to accommodate installation of the armour stone retaining wall and repair of existing gabion retaining wall at the west culvert inlet. Vertical and horizontal alignment shall match that of the existing sidewalk. REMOVE, SALVAGE AND REINSTATE 1.2 m mGH CHAIN LINK FENCE - ITEM NO. 20 Payment made under this item for the Contract unit price shall include for all equipment, labour and materials required to remove, salvage and reinstate the existing chain link fence between the existing sidewalk and gab ion retaining wall west of the proposed work and as shown on the Contract Drawings. I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CLlOO8-21 19. This shall also include for the safe storage of all rails, posts, post caps, chain link fencing and hardware removed as part of the fence salvage operation and provision of additional materials as required to reinstate the chain link fence as per C-501. MISCELLANEOUS WORKS - ITEM NO. 21 Payment shall be made under this Item for miscellaneous work on a time and material basis. Work under these Items shall include, but is not limited to, the following: . Transplanting of trees and shrubs. . Removal and disposal of trees and tree stumps. . Removal and replacement of existing chain-link fence at west Contract limit. . Supply and placement of 19mm clear stone bedding material with geotextile wrap if native earth subgrade is deemed unsuitable by the Contract Administrator for the placement of armour stone walls. Work to be paid under this Item shall not be undertaken unless written approval has been obtained from the Contract Administrator. BONDS, INSURANCE AND MAINTENANCE SECURITY - ITEM NO. 22 Include: .1 .2 .3 100% Performance and Guaranteed Maintenance Bond for 24 months. 100% Labour and Materials Payment Bond Liability Insurance based on the Contract Price 100% payment of this Item shall be made on the first Payment Certificate. I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-21 DESIGN GUIDELINES SECTION 900 INSPECTION/CONSTRUCTION I I f I I I I I I I I I I I I !I I I I I SEmON 9<<1 INSPECllON, MATERIALS AND CONSTRUCllON-J6 UI GENERAL 1.01 These guidelines aft: to fie ascd in ClOIIjundioa wid! 1bc c:oaditioos set Old .. lhe Subdivision ~ in pllticuiar ScbeduIe 'T' -Duties of Owna's P..pca and Schedule "L "--RepIaIioes tor ConsIruclion. 1.02 The Owner's COIISIIIhqg ~ shaI1 provide full-time iaspection and ~ of all Worts. 1.03 The Consulting Eupnea shall Cake extensive prcoo...lllldion photos of -..-_tio'8 lands, and shall provide daledldescribed c.opies of such photographs 10 lite MaoicipIIily. 1.04 Conslruclion siles ICe to be maintained to prevenl ~ ponding of water. 1.05 Prior 10 requesliug the inspections (or re-inspeaioos) liom the Municipality, the Consulliug Engineer shall vaifY lhe proper completion of lite Worb, and sulJmil a written request. 1.06 All equipment, nulerials and methods involved in lrendt backfill, filling, gJlIDlIbrs, COncrele and asphaIl shall be monilored and Calificd as acceptable by lhc __s Geotechnical Engineer (see attached form). Unless ued CChawise, lhe leon "OOIIIplICled" shall mean 95% Standard Proctor or higba- (nalive nulerials) and 98% Slaodard Pmdor or higher (granular nulerials). Such certification shall be in a lOon acceptable 10 lbe Dim:tor and shall include aU supporting documenIation and test results. Mix designs for c:oocme and asphalt shall be 00fained and approved by lbe Geotechnical F..g;.- The GeolechnicaI Engineci sbaIJ ensure Chat lbe type, lTequency, location and results of aU tests is sufficient to ensure certification. Furlbennore, lhe Geotechnical Engineer shall easun: all results for a given stage of conslruction are acttptable prior 10 conunencing lbe next stage of construction. 2.0 STORM SEWERS 2.01 All malaials shall be visually inspected by the Consulting Engineer upon delivery, 10 ensure conformity wilh speci Iications and lhc approved engineering drawings, and to ensure any damaged/substandard material is maded and removed lTom lbe site irrunediately. 2.02 lnstallation of stonn sewers shall be continually monitored for adherence to proper bedding, pipe laying, backfilling and compaction procedures. All stonn sewers, catchbasins and manholes shall be <:onstructed true to line and grade. Street catcNlasiru; are to be installed in precise aligrunent with curb lines, and no tolerances will be permitted Rear,...d catchbasins $hall be accurately surveyed and verified by the Consulting Engineer for correct location prior to the issuance of a Certificale of Completion The precast tops of manholes and catchbasins shall be checked for excess brickwork prior to roadbuilding. ( . INSPEC110N, MATERIALS AND CONSTRUCTlON-37 I I I I I I I I I I I I I I I I I I I 2.03 Trench widtbs sbd be kept at a minimUlll, wbiIe pnnicbg proper wickhs to aubIe mcc:hauK:al ~ AD lrP.nr-h~ must adJee to NiIimy of Labour ~. 2.04 Manholes arc to be hsMilled with COlI~ saod, CItaIding miD. 1.0 m '- die outside face ofdieslnlc:Clft. (c.dab..., miD. 300mm '-lhe face oflhe*.4."). 2.05 House COlIIWiGIIS sbd Qtead I.S m iuto die Iols .... be plugpd with approved removable plugs. Beddiug shall be as per approved staDIIInI bwing. Tees sIuII lie pre_ manufactuml for pipes 450mm dilll1der and smaII<<, comI (00 sile) if S250UD di-w.,. or Iarga-, and shall be ~ and walertipt. The ioVal of all lees shaD be locIted Ibove the springIine of lhe -- main and IbaII be a miaimum of 600mm liom die IIearesl adjacent tee or joUat, unless approved otherwise. 2.06 Concrete pipes iutwoo( of manboIes sball be ooncrele aadIcd precisely to 1he fusl joint 2.07 All $loon sewers, including slreel and n:ar yanI ("~ leads (and individual service laterals where dim:ted), shall be inspected using 3ppIOYed high quality video mlOI'ding equipment and procedures. The inspe..t;oo sball be canied out in a manner acceplable 10 tbe Municipality and aU video tapes IbaII be submitted Co 1he Municipality for review and penDanenl slorage. Video re-inspections may also be R:qUCStat 2.08 Infiltration sball not be permitted into the slonn sewer system. All leaks shall be investigated 10 determine lbeir source and shall be COIRCIed to the satisfaction of the Municipality. 2.09 Pipes which have failed in any mannec. including crackiog (O.3mm design loading cracks eXcepled), exposed reinforcing or other defecls, shaIlllt removed and replaced 10 1he satisfaction of 1he Director. No repairs shall be underlakCII without the consent and the direct supervision of the Municipality. 3.0 BACKnLLlNG, GRADING AND GRANULAR ROAD BASE J.OI Backfill containing organic or frozen material, or excessively moist material which cannot support conventional compaction equipment, shall be deemed unsuitable and sball not be used. The initiallifl of native backfill shall nol exceed 1.0 m in depth above the compacted sand cover over the storm sewer and each additional Ii ft shall be placed in layers not exceeding JOOmm loose measurement (unl= pre-authorized by the Geotel:bnical Engineer). Each lift shall be compacted lIIItil it has achieved the specified density before any additional lifts are placed. J .02 Backfilling operations shall follow pipe installation as closely as possible and be limited to 75 metres of Qpeu trench maximum. I I I I I I I I I I I I I I I I I I I ( lNSPECI10N, MATERIALS AND CONSTRUCTlON-J' 3.03 The Gcof~1lu;,;aJ Eapacer sbaII do.......... all tats, including failura and __ in sequeotil1 Older, CGIIliauousIy dJrouchoat die ~ A (lOJJ)' of all fest reslIhs sW be kept at the lite tniIa', in addition to proYic1ing daily plotting of all fest results 011 die plan and profile ..... 3.04 The O""'1IiDg F~i~er sbaII aISlft that the subgnde is fine graded to the ClOII'CCt width, and that lbe miDimum J% crossfall is c:oasisleatly mllinb"""l, _ DO Iongitudioa1l111s pmnitted. The GcotedJnic:a1 F~...... sbaII employ 4Iwo.....~ Iesting measun:s to assess die suitability of lite MIgrad.;, intoJndU.g proof-rolliug. and sIIaIm*e appropriate ~ to lbe 0JnsaItiag F...,__ and Municipality. WhmeTer possible, w..lized soft areas in lbe subgnde sbaII be RpIaccd with suibIJIe utive material, not ~ lIIlIkrial. When additioaa1 paoubrs must be used, they should be considered 011 a $1m:t by street basis. SliNIraios must then be lowered a<:coIIIin&IY, and 10: I liost tapers must be provided. 3.05 Subdnins shaII be installed only after lhe subgrade has been proof-rolled and lhe road stnactun: bas been filDli7M. Subdr3ins sball be installed tJUe to line and grade, in a trench condition, and shall be backfilled with 3pprOved granular material having aggregates not exccediog 19mm. All subdmns sha11 be supplied with a filter sod. 3.06 The Geotechnical Engineer shall confum fm a funn accqHable to the Municipality) the acceptability of each stage of roadbuilding prior to subsequent stages coomencing. Subsequent stages of road construction shall not proceed without approval from Municipal staff. 3.07 After base curbs lire installed, all GnnuIar B must be regraded and verified by Mllllicipal staff prior to placing Granular A (Any Granular A placed prior to base curbs shall be considered Granular B). 3.08 Granular material shall be tested in acconlance with the latest O.P .s.s. specifications. Material shall be tested at the pit and also as it arrives on site. Material oot conforming to the specifications shall be rejected and removed from site. 4.0 CONCRETE WORKS 4.01 Concrete to be supplied by MTO. approved sources only. All concrete shall be monitored and all applicable tests (compressive strength, slump, air entrainment, etc.) shall be carried out by the Geotechnical Engineer as specified in accordance with the applicable OPSS and ASTM specifications. Any material oot meeting speciflC3tions shall be rejecled inunediate\y 4.02 All concrete to be placed as per the MWlicipality's Standard Drawings. Contraction joints shall be in accordance with the Municipality's slandard drawings and shall be completed as early as practical and before any initial cracking occurs. Large cracks or several INSPECTION, MATERIALS AND CONSTRUCTlON-n I I I I I I I I I I I I I I I I I I I (" smaller cracb bdw<<a CiOoitl-cioo joints in curbs wit RqIim RlIDOYllIIId n:pIarQDad of that sectioa of curb. Sidewab with cIistiad aacb wiD IIso teqUiR RpIICUlIedl 4.03 Curing ~ IbaU lie &maoosly applied to all ""POSCd COIU..tc _~ RpRIJcss of ambieat t-.-<lNres or season, between IIIId 21lO1r8 of finnhj~ 4.04 All cwiIs to be p1IIced IISiag lIpproVed curb ~ Excess concme formed duriog curb ~ pIacau...t IbaU be promptly ..~ _ RIIJOVed prior to settiIIg. Tbe minimum IeugtIJ of curb to be RlIDOved and tqJIacc:d sbaII be 1.5 m. No COIICRte P*h repairs sbaII be permitted. 4.05 Prior to placemc:al of top curb, base aab shall be cleancd and then inspected by Municipal staff Base curb and stirrups IbaU be rcpaimI aodIor rqI1ac:c:d as dm:tc:d. 4.06 The depth oftopa&b at lhecdge of pavement shaU nOl be less than 100mm and shall be continually verified by the Consulting F~i""'T. 4.07 Immediately prior to the placement of top curb or sidewalk, Ihe existiug snrface shall be dampened with W3ter to pteVeDtleac:hiug of moistun: fium lhe fiesb c:oocme. 4.08 Driveways to be as per lIpproved house sitiDg plans, with minimlUD widlhs of 4.610 for single detached homes. s.O ASPHALTPAVEMI:NT 5.0 I All asphalt pavement materials shall be supplied by MTO approved SOUR:eS, in aoconlanc:e with OPSS 310, 1003 and 1150 (latest revisions thereof). MarshaJllexlrac:tiooIdensity tests shall be carried out by the GeotedJnical Engineer in accordance with OPSS and relating to the 3pproved D1ix design. Note: ProviDcial and Municipal projects differ with respect to CODtr3ct administration, paving project sizes, Quality ControllQuality Assurance procedures and testing frequencies. As such, several OPSS specifications are not appropriate fOr Mwticipal use and shall not apply, as determined in the sole discretion of the Director. Since currenttestmg methods do not enableongoing monitoring (and therefore corrective action) of the asphalt, the onus shall be on the asphalt suppliers and contractors kJ ensure, through their own Quality Control methods, that their product meets the basic standards with no exceptions for 'borderline' test results pennilted. Any reference to 'borderline' or to taking 'immediate corrective action' based on notification of laboratory test results shall be deleted and the product deemed unacceptable. Ie. OPSS OJ 10.0804.02 which permits air voids beyond acceptable limits, provided the contractor lakes ' immediate corrective action' shall not apply. Unacceptable wort shall be immediately removed. Financial compensation using MIO fOnnulas (to offset service life reduction in b<!rderline wolk) may be considered, at the sole discretion of Ibe Director, provided such amount is calculated by the Consulting Engineer, and all parties are in agreement. I I I I I I I I I I I I I I I I I I I - i 6.0 6.01 6.02 6.03 INSPEC110N, MATEllLaS AND CONSTRUC110N-4tJ 5.02 Prior to pllciag .race aspbah, base aspWt sbaII be swept dean of all dirt, ddJris .. dust Areas ofbase.... man be .__...d'" /qJIIced IS dim:tcd.1ISiag I Ya1icaI sawcut at all pe.~~ The use of I Geo-Grid <<approved equiYllenc IIIaJ also be directed by the MIWipality. Low an:as sbaII be padded 10 ensure a SlriIce .. of uniform thkbcss. 5.03 Each manhole is 10 be pm:iscIy nised 10 final grade, and verified by the Devdopcr's Consulting f.ogioea-.. Municipal stafl . 5.04 Tack coat sbaU be lIpplied just prior 10 sur&ce paving opcntions and sball be allowed to dry until it is in a proper condition of t-kiaess. The Ieugtb of roadway ..._a1 sWI be limited to the imutcdiate paving section, to mIuce lrackiog. It sba1I be evealy lIpptied at the rate of 0.4 ~. m taking care DOt to spray ClUbs, sidewalks 01" any other ~t surfaces. 5.05 Driveway paving sbaI1 be fully inspected and verified for depths of stone and asphalt, and the compaction d1ereof, and ensuring lbat aspha\t is at a sufficieol teo......._" fOr placement IIL3A (HL3F) wiD DOt be pennitted, except in specia) cases with lhe <lpproval of the DiRdor. Crowning or rounding of the limestone will DOt be permitted. Materials testing may be required for driveway apron gnvel and asphalt, as directed. TOPSon., SODDING AND SEEDING All areas r~ sod shall flfSt be rme gJ<Ided, inspected by the Coosulting Eupoea-, then prepared with 100mm of good quality topsoil. Topsoil and soddingshalllllCd lhe ..equirements of OPSS 570 and 571, in addition to meeting any additional requi.-cmcms set out in these specificatiollS. Boulevards shaI1 have 2"/0 positive drainage towanIlhe cu.-b and shall be fuUy sodded. except in areas covered by driveway aprons or sidewalk. All topsoil shall be he Iiom native till or clay, roots, vegetation, weeds or debris, stones and clods over 50mm in diameter. Imported topsoil, if required, shall be fertile, loamy, screened material of a quality acceptable to lhe Director (containing approximately 4% organic matter for clay Ioarns and 2"/0 minimum organic matter for sandy Ioams wilh acidity range of 6.0 PH). Topsoil infested by the seeds of noxious weeds wiD not be acceptable. All sod shall meet the requirements of Ontario Sod Grower's Association No. I 8iuegJass Fescue NlUSeJy sod. The sod shall be taken trom good loamy soil and shaIl be heaIlby, well penneated wilh roots, have unifonn texture and appearance and be tree ti-om weeds. Sod musl be laid wilhin thirty-six (36) hours of being cut. Care must be taken during its transportation and placement to prevent any dl}'ing out. Sod shall match Oosh wilh all adjacent surfaces and shall have no open gaps, overlapping edges or uneven joints. \\'here adjacent Or fronting lands have already been sodded, care must be taken to ensure 0" I INSPECl10N, MATERIALS AND CONSTRUC110N-41 I I I I I I I I I I I I I I I I I I I drainage is moill/.;j,..,d aod II smooch lnasilioo is achieved 00 slopes 3:1 aod steeper, sod shaU be stated as ~ 6004 Laid sod ... be iRllnf'llilldy rolled to procIuoe .. CYC:U swfac::e aad waleriag Iba1I COIIlIIJence in......,..dy lheIeafter aod ... mIlliaue OIl II rquIar basis lIItiIlJeakby roots are well esbilolidied aad JIClIIDaaaIt. If 80d WIs to tStabIish immediatdy, it sbaI1 be removed aad ~ No attempt shaU be IIIlIde to lay to ~.. weat!dead 80d through cootiuuaI1VlIIaia& UDIess specific pamissioo is P*d by die Director. The entire wort sbaU be doac in II tboroaghly wOJtm...lile mamcr wilb an CYC:U SIIIface, and professioaal in ...~ Any sod deemed uolit by lbe Dinx:tor sIJaII be immediately I'eIDOvcd fium site and Rplaccd. In Ibis n:ganI, it is in lbe best inteccst of the <:oIllrac:toc to commllllicate wilb n:sideats ~ die needs of -'y laid sod over the lint year. 6.05 Where approved by tile MlIDicipality, bydmdic _'lg and mukhing may be perfonned provided Ibat it ooofonus to die Ootario Provincial Standard Specification No. sn I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-21 STANDARD DRAWINGS I I I I I I I I I I I I I I I I I I I STANDARD NO. OPSD: 218.oJ 219.01 219.110 219.220 220.010 C-307 C-501 PAGE ONE ST ANDARD DRAWINGS CONTRACT NO. CL2008-21 DESCRIPTION SODDING OF SIDE SLOPES EROSION CONTROL BLANKETS LIGHT DUTY SILT FENCE BARRIER EXCAVATED SEDIMENT TRAP BARRIER FOR TREE PROTECTION STANDARD CONCRETE SIDEWALK 1.8 m/1.2 ill CHAIN LINK FENCE I I I I I. I I I I I I I I [^ I I I I I- t I N I I I I ~8. > I -- 0 .. I o_ n: I >~ I .. c I .,g ~ I 0 -3~ ~ e ~ 0 I . "'-0 Ol Cl 00 "'0 0 I "0 - U)L 0 (\J c I 0 Ol Ol I \ I a I- I en .. I a.. - 0 0 0 .:: .. " ~~ ~o ..~ 0" " ~~ .. "'" 00 ..~ --<< .. - I.'\i-i ~~ -" ~- ,,- ~~ -,. "'-. .~~ ..." ~~ '" ., - -'\ \ -\ \ \ '\ .r.~o~ ' -0 ,':;' I .\ \ , \ \ c: ~ o .c: .. .. .. "3 '- .. .c: - o .. .. .; '" 0<, .. ::> '- o .. '" -0 '- ~ Q; o E c: __ 0> = Ui -f '" -0 .: o .. - '- o c: .. o c: ".;: 0 8 .~ = ~ .. ~ E tno:o w,-_ 1-0:;;: 0"- Z<tm o 0:: ~ Z o C> Z ~ 0:: o o 0:: C! Z ~ (I) ...J <t U z 5> o 0:: a.. CJ) W CL o ...J en W C - en I.L. o C) z - o o o en I (J1 .l>U1N - Z (j)U1O'"rcc(j)~ I - 0-0 III ..." _ ',. 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".". . 0 <t> .' : ....\ -I 3 <D~ I z CD ' , . - 0.." en G) ... <t> 0 .., .. '". \ .. ... 0 . . ' C <t> . '. . 0 0 " ?' I <t> ' . "'tI 0 .. 0 .. (J) - 0 - CD - , " 0 ;:r I CD ... , . , I ~ <D .. N <D CD 0 'Ul .. Oc - 0" I <D 0 0 ::J' 0., 0 ~ , 0 <D ~ 00 - ~o. . CD " _m 0 .I> 'm 0_ ~m I -< ",0 :0 o~. CD ",0 < m~ 0 ~ I I I I I I I I I I I I I I I I I I I I Area under construction . - ,. w ~ ~~"" Area under construction PERSPECTIVE VIEW Direction of flow ==> Silt fence barrier Area under protection . SECTION '" ,~ . I Direction of flow n A r+ A ~, . I . 2.3m max, Typ I // // . Main run PLAN '+ A Stake Direction of flow ==> 1 Geotextile o 'E 300mm min E of geotextile E in trench o o <0 Trench to be I backfilled and ~pocted NOTE: A All dimensions are in millimetres unless otherwise shown. SECTION A-A Earth surface o o '" L200 o o <D LIGHT -DUTY SILT FENCE BARRIER OPSD ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 Rev 1 A ., r Rock flow check dam Direction of flow =:> st js ..J "' o Excavated basin Top of slope .-J A PLAN Top of slope Direction of flow =:> L=20m max Rock flow check dam Ditch invert O.5H:1V Excavated basin SECTION B-B Original ground O.5H:1V O.5L =J NOTES: SECTION A-A A Ditch cross-section upstream or downstreom of sediment trap may be flot bottom or V-shaped. Flat bottom shown. B This OPSD to be read in conjuction with OPSD 219.210 or 219.211. C All dimensions are in metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 Rev 1 EXCAVATED SEDIMENT TRAP IN DITCH OPSD 219.220 I I I I I I I I I I I I I I I I I I I Barrier at dripline, Typ I I I I I I I I I I I I I I I I I I I Limit of grading l Limit of grading rT ~ ,- I J PLAN Existing fence or right-of-way R' ~~~ ( ... ... -'" t r-, ~ 1 A -7---~ff \. .. ~ ~ --' ~""" .f Existing fence or right-of-way <r<rr't"'>...... ~~ Tree or \ t" woodlot.Jo 1.5m min cf.... "" ). beyond limit I ~ .... .,.). I of grading -----l , .... I I I I I I I I , , Barrier at dripline SECTION A-A ONTARIO PROVINCIAL STANDARD DRAWING Original ground line Nav 2007 BARRIER FOR TREE PROTECTION OPSD 220.010 !::lQIE.S bUNt MAXIllUII SP~ or 30m lIEIWEEN EXPANSION =\ JOIfJS AND WHERE SIOEWALK ABUTS Nt( RIGIO SlRUCTURE - - 1.' !II 1.8 CONlRACl1ON JOINIS (TYP.) 1.' 0.75 w z ::J "" ~ ~ .. . ...... , . . . :..:'.:..... . . ..... -:,.. . . "~: . ! .. . .' . ..... ~ JOmm 150mm AT ORNEWAVS COUPACTED NATM IlIATERIAl (SEE NOm> 1 AND 2) 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 ta pouring sidewalk. 3 Concrete shall conform to OPSS specifications (30MPa. 7% x 1.5% air). 4 Curing compound to be sprayed on sidewalk within 1 hour of finishing. 5 Exponsion joints to be be placed full depth of sidewalk. 6 Contraction joints to be 25% of full depth of sidewalk. 7 Surface of sidewolk to hove a broom finish. Il All dimension. orw 1n mMne un.... 0"""" noted.. Clarin on Services De artD1ent __ 2004 -.... ..........., STANDARD CONCRETE SIDEWALK C-307 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 88.9nwn 0.0. END POST COAHER POST OR GATE POST 3.om IlRACE PAHfl. 3.Om 6O.Jmm 0.0. lJNE POSTS KNUCKlED 101' EDGE fASTENERS -... C.c. 50mm lIIAE IIESH ""0_ 1 .8m fENCE e "! 42.9mm 0.0. BRACE 42...... 0.0. PIPE _ STm. STRE1l:HER IINl 5 x 1..... (.....j SIRETCHER BNl BAN JOOmm c.c. (SlED.. 3 x 19mm min.) LL- ... .-~ ..;. ~'. . .... .... NO. 9 _ WIRE KNUCKlBl IIOTlOIA ~ 8 :;; ~.' .,. .".: t :.~.- " " DROP I'ORGED lURNIlUCKU: 250 '. t:~:. .": . :-:..0.:... JOO 3.Om 3.Om 38mm WIRE MESH No.9GAUCE e 1.2m fENCE "! " ;. END POST. CORNER POST OR GATE POST rooT1NG "~!' :;.. 101' or RlOTlNGS 10 BE SlOPED -!-. :.~. lJNE POST fOOl1NG ~.:''-' . ~.:~ '.~ r~. l:lQIES 1 All posts and pipe roils to be galvanized. 2 Wire mesh to be on the public side of the fence with the posts and rails on the private side. 3 Fasteners sholl be 6 go. aluminum or heavier, all rails and posts gouge to be schedule 40. 4 Sonotubes ore to be used far 011 footings. Atl dimensiON an In mllllrnetret unl... otherw... noted. M Clarin n Engineering Services De artment -.... -""" 1.8m/l.2m CHAIN LINK FENCE -." .... APRll 2004 C-SOl I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-21 PERMIT TO TAKE WATER I I I I I I I I I I I I I I I I I I I ...w-05-2liIlilB 09: 3'i' tlE TEO! Slf'P(RT 416 32S 6347 P.B1 @ Ontario MiniStry of Ihe Environment Central Region Technical Support Section Mini$l~e de l'Envlronnemenl RegiOn du Centre SecliOn d'appui lechnique ST7SV.....S_ Ilhfklar _V....OnIono _.." r_I''''32N7IlO F. (."') 32504347 "75. rue YOtIO' -... ..,,, VM, COneario) 1M2..4J1 FAX COVER SHEET DATE: N\~ S Ib~ TO: I ~. 1:a~'l.hal.U - \O-ttev\ ~i,v\S FAX Number: <\O~ '3"4'2. '3fc"Z. } lh,j)\ct. \ FROM: LOCATION: PHONE; C . Du\'be l',\ .::'.. Tech Support, CENTRAL REGION l...\ \ '" ?52 '" '3323 SUBJECT: I Pi'" vU COMMENTS: -it- 334- 2 - :JE 9 Nt'..'vV... - C! ~"B ~ f\ NO OF PAGES: r=lro ~1ioIcIuG1"a"""P.geol ~ If you do not receive the total number of pages specified, or if you have trouble reading the copy, please contact above sender. 1'JlY-05-2008 09' ~ M:E TEa-! Sl.l'f'CRT 416 32S 6347 P.02 I I I I I I I I I I I I I I I I I I I _nifty of !he Env:tor.ment CenlrII Rtglon T.....""""'rt- w.ter ReIc._"'" 8lh Floor 6776 V... St To_ON M2M4Jl FIlC(41~7 Tel' (el8) 328-3323 "d.QI.der~ DileclIon .... cIU eenn SeclIon'" -. TectuliqUe _tn_ Ie 6lIlte mSrue V.... T_ON M2M4Jl T6II:ap', "': (Ct8)325.a3C7 TtI:(el6) 32H323 E> Ontario May S, 2008 The Corporation of the MuuiQpality ofClarington 40 Temperance 8t Bowmanville, Ontario, Ll C 3A6 Canada Dear Mr. Bruno Bianco: RE: PERMIT TO TAKE WATER FOR: CONSTRUCTION DEWATERING Lot:28129,~non: I Clarinaton, Regional Municipality ofDurbam Reference Number: 1042-7DSNNA Please find attacl1ed Permit No. 3341- 7E9NRW issued to The Corporation of the Municipality of Clarinaton which authorizes the withdmwal of water fOl' construction dewatering in accordance with the application for this Permit to Take Water, and Schedule" A' which is attached to and fonus part of this PenniL This Permit exp~ on N01'ellIber 30,1008. The Permit must be kept available for inspection by Ontario Ministry of the Environment staff at all times. Take notice that in issuing this Pennit to Take Water, tcnns and conditiOllS petUining to the taking of water and to the results of the taking have been imposed on The ColpOration of the Muuicipality of Clarington. The tenns and conditions have been dwgned to allow for the development of water resources for beneficial purposes, wbile providing mlSOnable protection to existing water uses and users. Ol\e of the purposes of the issuance of a Pennit is to ensure that the pennitted takiDg(s) will not cause negative impacts to the environment or other waR:r supplies which were in use prior to the date of this Permit. If the takini of Wlltet should result in any negative impacts, the Permit Holder will be required to restore the water supplies of those affected in a manner ~le to the Ontario Ministry of the Enviromncnt or to reduce the rate and amount of taking until any negative impacts are eliminated. Any change of address or ownership of the property for which this Permit is issued must be reported immediately to the Director. I I I I I I I I I I I I I I I I I I I 11'lY-0S-2008 09: 37 KE TECH SlJ'P(Rf 416 325 6347 The issuance of this Pennit To Take Watcr docs not ICIieve you from compliance with the legislatlve rcquircmcna of this or any other agencies. You must flIISIUe that all legislated requirements relating to any use that may be made of this water have been ruet. It is the respomibility of The Corporation of 1hc MlIIlicipality of C1arington to co.sun: that any pe:t'SOD ta11n& water wiler the authority oftbis Permit is familiar with IIIId l;OlDplies with the tenns and conditions. Youn truly, ~e'Sa..._~- Oircctor, Section 34, OWRA D Central Reaion File StoJage Number: 51- YD-CL-C1-220 CD c. Sean Bagshaw, Totten Sims Hubiclci, F8X: (905)372-3621 Dave Fumerton, Yorlc-DurlIam District Office P.0J 11'iY-05-2lil0El 09: ~ I1E TEO! Sl.f'P(Rf 416 325 6347 P.04 I I I I I I I I I I I I I I I I I I I t> Ontario ....1etIy or.... ~ Mi....... de /'EnvIronn_nt PERMIT TO TAKE WATER Sulface Water NUMBER 3342-7E9NRW PurSUlJ7lt to Section 34 of the Ontf11'to Water 1Wources AeI 1..8.0. 1990 this Permit To Take Wat,r is hereby is~d to: The Corporation of the Municipality of Clarington 40 T ..wpQance St Bowmanville, Ontario, L1 C 3A6 CanAdA For th, water talcJng from: !<<ated at: Foster Creek Lot 28129, Conl:ession 1 C1arinJfon, Regional MWlicipality of Durham For the purposes of this Perml~ and the terms and conditions 5]JIcified below, 1he following definitions apply: DEFINITIONS (a) "Director" means any person appointed in writing as a Director pursuant to section 5 of the OWRA for the pmposes of section 34, OWRA. (b) "Provincial Officer" means any pecton designated in writing by the Minister as a Provincial Officer pllISuantto section S of the OWRA, (c) "Ministry" means Ontario MinistIy of the Environment. (d) "District Office" means the Yod-Durbam District Office. (e) "Permit" means this Pamit to Take Water No. 3342-7E9NRW including its Schedules, if any, issued in accordance with Section 34 of the OWRA. (f) "Permit Holder" means The Corporation of the Mlll\icipality of Clarington. (g) "OWRA. means the Ontario Wat,,. Resources AeI, R.S.O. 1990, c. O. 40, as amended. Page I - NUMBER 3342-7E9NRW I I I I I I I I I I I I I I I I I I I J1:jy-0S-2008 09: 37 ME TECH Sl.f'f'(RT 416 325 6347 P. 05 You are hereby nottfted that this Permit is issued subject to the tt1'1ll8 and conditions outlined below: nRMS AND CONDmO~ 1. COlllpliuee witIa PmIIk 1.1 Except where modified by this Pamit, the walm' taking shall be in acoordance with the application for this Penuit To Take Water, dated Februmy 26, 2008111d signed by Bruno Bianco , and all Schedules included in this Permit. 1.2 The Permit Holder sball eJIS\II'C that any penon authorized by the Permit Holder to take water under this Permit is provided with a copy of this Permit and shall take all fQSomIb1e II1e8SUnlS to ensure that any such person complies with the COIIditions of this Permit. 1.3 Any person authorized by the Permit Holder to take water under this Permit shall COInpIy with the conditions of this Permit 1.4 This Permit is Dot transferable to another penon. 1.5 This Permit provides the Permit Holder with permission to take water in accordance with the conditions of this Permit, up to the dete of the expiry of this Pennit. This Permit does not constitute a legal right, vested or otherwise, to a water allocation, and the issuance of this Permit does not gusrantee that, upon its cxpily, it will be ~. 1.6 The Permit Holder shall keep this Permit available at all times at or near the site of the takine. and sball produce this Permit immediately for inspection by a Provincial Officer upon his or her request. 1.7 The Permit Holder shall report any changes of address to the ~or within thirty days of any such change. The Permit Holder shall report any c~ of ownership of the p1op.;dy for which this Permit is' issued within thirty days of any such change. A change in Ownership in the property shall cause this Pennit to be cancelled. 2. Genel'lll Conditions ..d Interpretation 2.1 InBpections The Permit Holder must forthwilh, upon ptesentation of credentials. permit a Provincial Officer to carry out any and all inspections authorized by the OWRA, the Environmental Protection Act, RS.O. 1990, the Pesticides A.ct . RS.O. 1990. or the &ifeJJrinking Water Act, S. O. 2002. 2.2 Other Approvals The issuance of, and compliance with this Permit, docs DOt: (a) relieve the Permit Holder or any other penon from any obliption to comply with any otber applicable legal requirements, including the provisions of the Ontario W mer Resources Act . and the Envil'onmenlal Prottlction Act , and any regulatiollS made thereunder; or (b) limit in any way any authority of the Ministry, a Director, or a Provincial Officer, including Page 2 - NUMBER 3342-7E9NRW M'lY-05-2la08 09: 37 tIE TEOl SI.J'f'l:RT 416 325 6347 P.06 I I I I I I I I I I I I I I I I I I I the authority to require certain steps be taken or to xeqm the Pmoit Holder to furnish any further infOl1lllltlon related to this Permit. 2.3 Information The receipt of any informalion by the Ministry, the fIil~ of the MinistIy to take any action or require any person to take any action in mation to the information, or the failure of a Provincial Officer to prosecute any person in Rllation to the information, shall not be COIISII\Illd as: (a) an approval, waiver or justificatiOll by the MinistJy of any act or omission of any person that contravenes this Pemrlt or other legal requirement; or (b) acceptance by the Ministry of the information's IlODlplctcness or accuracy. 2.4 Rights of Action The imlance ot; and compliance with this Permit sball not be construed as precludbla or limiting any legal claims or rights of action that any person, including the Crown in right of Ontario or any agency thereot; has or may have against the Permit Holder, its officers, employees, agents, and contractors. 2.5 Severability The requirements of this Pennit are severable. If any requirements of this Pemrlt, or the application of any n:quirements of this Permit to any citcumstaDQC, is held invalid or unenforceable, the application of such requirements to other circumstances and the remainder of this Permit !ball not be affected thereby. 2.6 Conflicts Where there is a coDf1iet between a provision of any submitted document referred to in this Permit, including it! Schedules, and the conditions of this Permit, the conditions in this Permit shall take precedence. 3. Water TaIdnp A.tJaerized by Thil Permit 3.1 Expiry This Permit expire! on November 30, 1008. No water shall be taken under authority of this Pennit after the expny date. 3.2 Amounts of Taking Permined The Pennit Holder shall only take water from the source, dming the periods and 81 the rates and amounts of tsldng Specified in Table A. Watcr takines are authorized only for the purposes specified in Table A. Page 3 - NUMBER 3342-7E9NRW I I I I I I I I I I I I I I I I I I I f'Rv-05-2008 09: 38 I'lE TEOl 9..J'f'ffiT 416 32S 6347 P.07 Table A ;{~S :;~].:~, '. :' . , ",,1\ ' ., ~ .t__" _.~,...., -;" ...,-: ~ 4. Mol1itoring 4.1 The Permit Holder shall maintain arecord of all water takinas. This record shall include the dates and funes ofwater no~s, and the totaI measured amounts ofwater pwnped "I . per day for each day that water is taken under the authorization of this Permit. ----'f\:: A SCplIrate record shall be: maintained for each source. The Pennit Holder shaJl keep all required records up to date and available at or near the site of the taldna and shall produce the records immediately for inspection by a Provincial Oftice.t upon his or her request. S. Impaeta of tile WaterTakiac 5.1 Notification The Pennit Holder sball iI11nwtl"tely notify the local District Office of any COlDplaint arising from the taking of water authorized under this Permit and sball report any action wbich has been taken or is proposed with regard to such complaint The Permit Holder shall immediately notify thelocaJ District Office if the taking of water is observed to bave any significant impact on the SIIJTOunding waters. After hours, ca1Is sllall be: directed to the Ministry's Spills Action Centre at 1-800-268-6060. 5.2 For Surface-Water Takings The taking of water (including the taking ofwatcr into stora&e and the subsequent or simultaneous withdrawal from storage) shall be carried out in such a IDlIIIIIer that streamflow is not stopped and is not reduced to a rate that will cause interference with downstream uses of water or with the natursI functions of the stream. 5.3 The Permit Holder and their agents shall be responsible for ensuring that no undesirable effects occur as a result of water taking under the authority of this Pemrit. A record of complaints relating to the Permit liolder's water taking strategy and actions taken to address these complaints must be maintained by the Permit lioldet and kept available for review by Ministty staff. Page 4 - NUMBER 3342-7E9NRW i'RY-05-2008 09:38 I'I:E lEOl 5l.l'f'CRr 416 32S 6347 P.08 I I I I I I I I I I I I I I I I I I I 5.4 The quality of water ~ to the watr:r body sba11 be substantially tb8 same as the quality ofwater' withdrawn. Flliration facilities shal1 be provided to ad1ieve this if necessary. S.5 The rate of disclwge shal1 not exceed the initial rate ofwithdrawal. The cIiscbaQIed water sha1l be disdJargcd to a stabilized area '- Director May AmeDd Permit The Director may amend this Permit by letter n:quiring the Permit Holder to suspend or reduce the taking to an amount or thresbo1cI ~jfied by the Director in the leUer. The suspension or reduction in taking shall be efrectM immediately and may be revoked at any time upon notification by the Director. TbiJ condition does not affect your right to appeel the 8\JlIIlCIlSion or redlK1tion in talcin8 to the Envirolllllcatal Review Tribunal under the Ontario Water Resourcu Act, Sec:tion 100 (4). TIre reasons for tM imposition of these terms I11Id conditions are asfolluws: 1. Condition 1 is included to ensure that tb8 conditions in this Permit are complied with and can be enforct:d. 2. Condition 2 is included to clarify the legal inte,p.etation of aspects of this PcmUt. 3. Conditions 3 through 6 are included to protect the quality of the natural environment so as to safeguard the ecosystem end human health and foster efficient use and conscrvation of waters. These conditions allow for the beneficial use of waters while ensuring the fair shariDg. conservation and sustainable use of the waters of OlItario. The conditions also specify the water takings that are authori2ed by this Permit and the scope of this Permit. Page 5 - NUMBER 3342.7E9NRW I I I I I I I I I I I I I I I I I I I 1'l'lY-05-2l1l08 09:38 I1E TEO! Sl.J'P(RT 416 32S 6347 P.09 In accordance with Section 100 of the Ontario Water Resources Act. R.9.0. 1990, you may by written Notiu served upon me and the Environmental Review Tribunal within IS days qfterreuipt of this Notiu, require a hearing by the Trlbrmol Secti()1I101 olthe Ontmin Water R&JOUI'cn Act. R.9.0. 1990. as amended, provides that the Notice requiring the hearing shall state; 1. The portions of the Pcnnit or each tenn or condition in the Pcnnit in respect of wbich the hearing is required, and; 2. The groWlds on which you inWnd to rely at the hearing in relation to each portion appealed. In additioh 10 tIlese legtl/ nqWemenl3, fhe Nolice should also include; 3. The name: of the appellant; 4. The address of the appellant; S. The Permit to Take Waternumbc:r; 6. The date of the Permit to Take Water; 7. The name of the Director; 8. The municipality within wbich the wow arc: 1~ This Mtice mwt be served upon: TIw&CI'OJary EmlIr_lIIa11lnl4w '!l1b1/1lQ1 655/Jay Suv". I5t1r FI_ T orDIIlD ON M5GIE5 TIw DIr6:/.".. S<<tIDII :u Mlniwyoftlw~_ 81h F"Ioo. 5775 r...St TorDlllO ON M2M (,/1 F6JI: (4/6)315-6347 Furlllu /tIformetloll Oil IIu ~ RelMW l'ribIlMl'. ~.t-r" "",..J ..... H obltlitrd 4lredfy fro", III. T'ibI6nal, dIiIJ. 6)' tdephtlll~ tit (416) 31U6IJ{J IJy fu. (416) 31USfJ6 by e-M4Jl. ""...CI1.H.......C.. ~ at :~dayqfMaY, 2008. ScIuiWje: tj- Director, Section 34 Ontarw Wafer Resources Act, R.S.O. 1990 Page: 6 - NUMBER 3342-7E9NRW mv-05-2008 09:38 I'(E TE~ Sl..f'l'(m 416 325 634? P.10 Seheclale A This Schedule ~A" forms part ofPennit To Take Water 3342.7B9NRW, dated May 5, 2008. 1. Application for Pennit to Take Water signed by Sean Bagshaw and dated Febluary 26, 2008. 2. Letter from Totten Sims Hubicki Associates entitled "Foster CHek Erosion ProtectioD' Remedial. Works, New<:astle Municipality of C1arington TSIi Project No. 12.29604.. and dated March 25, 2008, Page 7 - NUMBER 3342-7E9NRW TOTI't.. P. HI I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-21 GANARASKA REGION CONSERVATION AUTHORITY WORK PERMIT I I I I I I I I I I I I I I I I I I I ~- "Ganaraska ~~ CONSERvATION Ganaraska Region Conservatioo Authority Box 328, Port Hope, Ontario L lA 3W4 (905) 885 - 8173 FAX (905) 885-9824 e-mail: infow.hrrca.on.ca ~o:94~ PERMIT Development, Interference with Wetlands, Alteration to Shorelines and Watercourses Regulation (Ontario Regulation 168106) PERMISSION HAS BEEN GRANTED TO: Owner: MuniciDalitv of Clarinoton Address: 40 Temoerance Street Bowmanville. ON. L 1C 3AC Phone No: 19051 623-3379 Applicant: Address: Phone No: Totten Sims Hubicki Associates 513 Division Street Cobourg, ON. K9A 5G6 /9051 372-2121 Location: Part Lots 28 & 29, Concession 1 - Municipality of Clariogton West of 31 and 32 Robert Street West, Newcastle To undertake the following work: Erosion protection I remedial works, as shown on attached plans. Durin9 the period of: July 1. 2008 to September 30. 2008, and at midnight of the date last mentioned after which this permit becomes null and void; Subject to the following conditions: 1. That silt controls be placed, as shown on the attached plan, and maintained until the area has been adequately re-vegetated to prevent the release of sediment from the site. 2. That all areas of exposed soil be re-graded and stabilized with vegetative cover immediately following construction. 3. That all works be carried out in accordance with Letter of Advice LOA 2008-002 issued for this permit. . see reverse side for general conditions a BUILDING INSPECTOR a PROPERTY OWNER r./ AGENT a OTHER: Date of Issue: Ma. 23. 2008 COPIES TO: Enlorc.ment01flc.r:~ ~/ Sjgning OffICer: I 'f; j 1k ~- ,<- ~G.a~~~~~ General Conditions 1. That all works are subject to provincial. federal and municipal statues, regulations, and by-laws. 2. That this permit does not confer upon you any right to occupy, develop, or flood lands owned by other persons or agencies without permission. 3. That the applicant maintains and complies with the local drainage requirements of the Municipality. 4. That nothing herein authorizes any person to carry on any work or undertaking, which may result in the harmful alteration, disruption or destruction of fish habilat or any fishery. Note: It is the responsibility of the owner and their agent(s)/contractors to lake all reasonable steps to minimze any potential hazards and risks that may occur during the proposed works. Note: It is the responsibility of the owner and/or their agents to carry out the works in accordance with the above conditions. Failure to do so may result in action laken in accordance with the provisions under Section 28 of the Conservation Authorities Act. Caution: The G.R.CA. assumes no liability for any losses or damages associated with these works or that may occur as a result of failure to carry out the above noted conditions. NotIee: sectiOii 28 of the Conservation Authorities Ad. Chapter C27, RSO 1990 provkles the folklwing penalties: (16) Every person who contravenes a regulation made under subsection (1) is guiIly otan offence and on conviction is liable to a fine of not more than $10.000 or to a term of impnsormenlofnol: more than three months. (17) In addition to any other remedy 01 penalty provkted by law, the court, upon making a conviction under subsection (16) may order the person convicted to, c) remove, at that person's expense. any development within such reasonable time as the court orders: and d} rehabilitate any watercourse or wedand m the manner and within the time the court orders. (20) If a person does not comply with an order made under subsection (11), the atdhority having jurisdiction may. in the case of a development. have it removed and, In the case of a watercowse OJ wetland. have it rehabilitated. (21) The person convicted is liable for the cost of a removal or rehabilitation under subsection and the amount is recoverable by the authority by action in a court of competent jurisdiction. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARlNGTON CONTRACT NO. CL2008-21 OPS GENERAL CONDITIONS OF CONTRACT (November 2006) I I I I I I I I I I I I I I I I I I I . ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS GENERAL CONDITIONS OF CONTRACT (September 20(6) I I I ~ I I I I I I I I I I I I I I I I Ontario Provincial Standards for Roads and PUblic Works METRIC OPSS.MUNI 100 November 2006 OPS GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0 -INTERPRETA noN GC 1.01 CaptiOll$ ............ .............. ................ ........... ......... ........... ....................... ............ ..... 6 GC 1.02 Abbreviations .........................................................................................................6 GC 1.03 Gender and Singular References .......................................................................... 6 GC 1.04 DefinitiOll$ ..............................................................................................................6 GC 1.05 Substantial Performance......................................................................................11 GC 1.06 Completion ........................................................................................................... 11 GC 1.07 Final Acceptance .................................................................................................11 GC 1.08 Interpretation of Certain Words............................................................................ 11 SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents ........................................................................12 GC 2.02 Order of Precedence............................................................................................ 12 SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority ....................................................................... 14 GC 3.02 Working Drawings................................................................................................ 15 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment.............. 16 GC 3.04 Emergency SiluatiOll$.......................................................................................... 16 GC 3.05 layout ..................................................................................................................18 GC 3.08 Extension of Contract Time.................................................................................. 16 GC 3.07 Delays ..................................................................................................................17 GC 3.08 Assignment of Contract........................................................................................ 17 GC 3.09 Subcontracting by the Contractor ........................................................................18 Pagel Rev. Date: 1112006 OPSS.MUNI.l00 GC3.10 GC 3.10.01 GC 3.10.02 GC 3.10.03 GC3.11 GC 3.12 GC 3.13 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 GC3.14 GC 3.14.01 GC 3.14.02 GC 3.14.03 GC 3.14.04 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 Condnions for Arbnration .....................................................................................21 Arbitration Procedure. .......... ....... ...... ................... ................ ............... ......... ........ 22 Appointment of Arbitrator ..................................................................................... 22 Costs. ............. ............ ................. ...... ............................ ..... ................ ......... ......... 22 The Decision ........................................................................................................23 Archaeological Finds....... ..... ....... ............................. ............ ......... ......... ...... ........ 23 I I I I I I ,I I I I I' I I I I I I I I SECTION GC 4.0 - OWNER'S RESPONSIBILmES 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 Defautt................................................................ 25 Page 2 Rev. Dale: 11/2006 OPSS.MUNll00 I I I I I I " I I I I I I I I I I I I GC 4.07 GC 4.08 GC 4.09 GC4.10 GC4.11 GC4.12 GC4.13 Owners Right to Correct a Default...................................................................... 26 Termination of Contractor's Right to Continue the Work ..................................... 26 Final Payment to Contractor ..............................................................................., 26 Termination of the Contract................................................................................. 26 Continuation of Contractor's Ob~gations ............................................................. 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 Qua~ty of Material................................................................................................ 28 Rejected Material......... ................... ....... ........... ........ ............. ............. ............. .... 28 Substitutions........................................................... ............. ........................ ......... 29 Owner Supp~ed Material..... .... ...... .... ......... ......... ....................... ..... ..................... 29 Ordering of Excess MateriaL.............................................................................. 29 Care of Material......... ......... ................. ..... .......... .......... .................. ......... ..... ........ 29 GC 6.01 SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE 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 Aircraft and Watercraft liability Insurance ........................................................... 33 Aircraft liab~ity 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. Dale: 1112006 OPSS.MUNII00 Page 4 Rev. Dale: 1112006 OPS$.MUNll00 I I I I' I I " I I I f I I I I I I I I GC 6.03.06 GC 6.03.07 GC 6.04 GC 6.05 Contractor's Equipment Insurance....................................................................... 35 Insurance Requirements and Duration ........nnn....n...n...............nnnnnnn.......... 35 Bonding ............n.......................n...n........n.............................n........................... 35 Workplace Safety and Insurance Board .....................n...................n.................. 36 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIUTlES AND CONTROL OF THE WORK GC 7.01 General ..................................n.......nn.....................................n............................37 GC 7.02 layout ..............................n...................................n....n.........................................39 GC 7.03 Working Area n........................n...n......nn...............................n.............................39 GC 7.04 Damage by Vehicles or Other Equipment n.........................................n................40 GC 7.05 Excess Loading of Motor Vehicles.n...nn.......................................n..n..................40 GC 7.06 Condition of the Working Area .........................................n..............................nn..40 GC 7.07 Maintaining Roadways and Detours..................................n..........................nnnn40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .....n41 GC 7.09 Approvals and Permits.................................n...........................................n...........41 GC 7.10 Suspension of Work.................................................................................nn..........42 GC 7.11 Contractor's Right to Stop the Work or Terminate the COntract..n........nnn..........42 GC 7.12 Notices by the Contractor .............n.............n...n.n..............................................n42 GC 7.13 Obstructions .................. ......... ............ .......................... .............. .................... ....... .43 GC 7.14 limitations of Operations .....n.........................................................n..n.................43 GC 7.15 Cleaning Up Before Acceptance.....n.............n..............................n.........n.nn......43 GC 7.16 Warranty...........................................................................n....................................43 GC 7.17 Contractor's Workers ............................................n..n...........................................44 GC 7.18 Drainage.................................................................................................................44 SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement ...................................................................................n..n..n..........45 GC 8.01.01 Quantities ........n...n.............................................................................................. 45 GC 8.01.02 Variations in Tender Quantities......................................................n.......n.nn...... 45 I I I , I I I I , I I I I I I I I I I 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 Perfonnance 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 Payment..................................................................................... 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 Paymem 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 Uquidated Damages ............................................................................................ 56 Page 5 Rev. Dale: 1112006 OPSS.MUNJ 100 I I I I I I I I I I I I I I I I I I I ;i' 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, limit, 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 isted on the right "AASHTO" "ACI" "ANSI" "ASTM" "AWG" "AWWA" "CCll" "CESA" "CGSB" "CSA" "CWB" "GC" "ISO" "MOE" "MTO. "MUTCD" OOPS" "OPSD" "OPSS" "OTM" "PEON "SAE" "SCC" "SSPC" NUL" "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 International Organization for Standardization Ontario Minisby of the Environment Ontario Ministry of Transportation Manual of Uniform Traffic Control Devices (Replaced by OTM) Ontario Provincial Standard Ontario Provincial Standard Drawing Ontario Provil'lcial 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 Slngutar References .01 References to the rnascuUne 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 Contraclthe 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 closing. PageS Rev. Oate: 11/2006 OPSS.MUNllOO Page 7 Rev. Date: 1112006 DPSS.MUNll00 I I I I I J I I I I I' I I I I I I I I Additional Work means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory 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. Certificate 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 Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the ONner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Ex1ra Work be performed. Change In the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes 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, Ex1ra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed 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 Ac~ R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the . Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership, or corporation designated by the Owner to be the ONner'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 soil 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. , I I I I I I , I I I I I I I I I I I I <<. 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." Cut.off Date means the date up to which payment shaU be made for work performed. Daily Work Records mean daily Records delailing the number and categories of workers.. and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Day means a calendar day. Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Specification 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 an 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 quantily 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 Datalled 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 "Tune and Material." 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 properly lines thereof. Lot means a specific quantily of material or a specific amount of construction normally from a single source and produced by the same process. "-8 Rev. Dale: 1112006 OPSS.MUNI100 Page 9 Rev. Date: 1112006 OPSS.MUNI100 I I I I I , I I I I I I I I t I I I I 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 tender 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 includes, 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 fumished 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 contemplated by this Contract. Quantity Sheet means a list of the quantities 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. I I I I I I I I I I I I II I I I I I I 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 shan 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 Work. 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 Controlling Operation. For the purposes of this definition, this shan 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. Page 10 Rev. Dale: 1112006 OPSS.MUNll00 Page 11 Rev. Date: 1112006 OPSS.MUNll00 I I I I I I I I I I I I I I I I I I I Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the WorK and may, without limiting the generalitY thereof, include foonwork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. GC 1.05 Substantial Performance .01 The Work 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 10 complete the WorK expeditiously, the price of the selVices or materials remaining to be supplied and required 10 complete the Work shaH 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 defect, 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 Rnal 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 10 the Contract Administrator, unless the context clearly indicates otherwise. I I I I I I I I I I I I I I I I I I I SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the information furnished 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 foHowing documents, such documents shall take precedence and govern 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 fogures on a Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; Page 12 Rev. Dale: 1112006 OPSS.MUNll00 P_13 Rev. Dale: 1112006 OPSS.MUNll00 I I I I I I I I I I I I I I I I I I I c) Detailed Drawings shall 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. I I I I I I I I I I I: I I I I I I I I SECTION GC 3.0 . ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Admlnl$trator's Authority .01 The Contract Administrator shall be the Owne(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 10 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 10 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 Contracto(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 10 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 10 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 10 conform to the Contract Documents, then the Contractor shall if directed by the Contract Administrator prompUy remove the Work and replace. make good. or re-execule 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 shall be made good. prornpUy, at no additional cost to the Owner. ~14 Rev. 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Date: 11/2006 OPSS.MUNll00 I I I I I I I I I I I I I I 1 I I I I .13 If, in the opinion of the Contract Administrator. it is not expedient to correct defective work or work not perfonned 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 inspections 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-cornpliance 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 right to terminate the Contract for wilful or persistent violation by the Contractor or its wort<ers of the Occupational Heallh 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 dete.rmines that any wort<er 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 shaD immediately remove the worker from the Working Area. Such worker shall not retum 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 shall 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 joinUy prepare a schedule fixing the dates for submission and retum of Working Drawings. Working Drawings shall be submitted in printed fonn. At the time 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 shaD be to check for conformity to the design concept and for general arrangement only and such review shaD 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. I I I I I I I I I I I I I I I I I I I .05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may require to make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall 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 Equlpm8flt .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment. 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 Sltuattons .01 The Contract Administrator has the right to determine the existence of an emergency situation and, whan such an emergency situation 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 TIIl1ll 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. Page 16 Rev. Dale: 1112006 OPSS.MUNll00 - Page 17 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I 1 I I I I d) Additional Work, clause GC 3.10.03. .03 The Contract Administrator shall, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Contromng Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The tenns and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 . Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor direclly or indireclly; d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or f) archaeological finds in accordance with subsection GC 3.15, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such application. Extension of Contract Time may be granted in accordance with subsection GC 3.06, Extension of Contract Time. .02 If the Work is delayed by labour disputes, strikes or Iock-outs, including lock-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound, are beyond the Contractor's control, which then the Contract Time shall be extended in accordance with subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entillEld to payment for costs incurred as the result of such delays unless such delays are the result of actions by the Owner. .03 The Contractor shall not be entilled to payment for the cost of delays incumed as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, Mediations. GC 3.08 Assignment of Contract .01 The Contractor shall not assign the Contract. either in whole or in part, without the prior written consent of the Owner. I I I I I I I I I I I I I I I I I I I GC 3.09 Subcontracting by the Contractor .01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. .03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall include the reasons for the rejection. .04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with this subsection. .05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectfy employed by them as for acts and omissions of persons direcUy employed by the Contractor. .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liabiHly upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC3.10 Changes GC 3.10.01 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shaD proceed with the Change in the 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 If the Change in the Work relates solely to quantities, payment for that part of the Work shall be made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Change in the Work does not solely relate to quantities, then either the Owner or the Contractor may initiate negotiations upwards or downwards for the adjustment of the Contract price In respect of the Change in the 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. Page 18 Rev. Dale: 1112006 OPSS.MUNII00 ...;oj Page 19 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I J I I I I I I I I GC 3.10.02 Extra Work .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perfomn 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 initiate 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 Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Payment for the Additional 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 pemnilted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall 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 Owner shall provide each other with the mail and emall addresses; pager, cell phone, and telephone numbers; and facsimile temninal 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 confimned in writing within 2 Days. .04 Any notice pemnitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to Substantial Perfonnance .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner 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 perfomnance of the Work in accordance with the Contract - - I I I I I I I I I I I I I I I I I I I 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 tiquidated 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 situetion. .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. Page 20 Rev. Dale: 1112006 OPSS.MUNll00 ... ~21 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I' f I I I I I t I I I I I .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 parlies 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 shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated setUement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in aocordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parlies shall proceed in aocordance 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 Contractor wishes to pursue the issue further, the parlies 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 parlies together or separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parlies in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, a non-binding reoommendation for setUemenl. .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 oosts 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 aocording 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 aclion taken under subsection GC 3.13, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or reoourse 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 subseclion GC 3.14, Arbitration, by giving written notice to the other party. . . I I I I I I I I I I I I I I I I I I I .02 Notification that arbitration shall be implemented to resolve the issue shaH 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.Cf5. .03 The parties shaH 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 foHowing 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 shaH 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 shaH be arbitrated; and c) Before proceeding with the arbitration, the Contractor shaH confirm that aH matters in dispute are set out in the schedule. GC 3.14.03 Appointment of Arbitrator .01 The arbitrator shaH 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 shaH each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutuaHy agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shaH 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 shaH 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 equaHy shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shaH be shared equaHy by the Owner and the Contractor. Page 22 Rev. DaI8: 1112006 OPSS.MUNll00 """"' ... Page 23 Rev. Date: 1112006 OPSS.MUNll00 I I I I I I I I I I I I I I I I I I I .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 Contrac/or'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 immediately noIify 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 thet 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 autho.rized 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 result of any work stoppage. . I I I I I J I I I I I I I I I I I I I 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 Management 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, asphalt, 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, drining, 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 slop 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. An work under this paragraph shall be deemed to be Extra Work. Page 24 Rev. Date: 1112006 OPSS.MUNll00 - oil Page 25 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I .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 ONner shall 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 ONner 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 function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or otherwise, on which construction operations are to take place in accordance with 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 in 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 ONner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the ONner 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 ONner may, without prejudice to any other right or remedy the ONner may have, by gMng the Contractor or receiver or trustee in bankruptcy notice 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 correction of the defaull 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. - I I I I I I I , I I I I I I I I I I I ",.. GC 4.07 Owner's Right to Correct Default .01 If the Contractor fails to correcl the default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequenUy agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may correct such defauU and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractot . GC 4.08 Termination of Contractor's Right to Continue the Work .01 Where the Contractor faUs 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 wUh 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 pottion 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 defauU; 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. GC4.10 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. Page 26 Rev. Date: 1112006 OPSS.MUNll00 -.'- .. Page'll Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I .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 Performance 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 ResponsibiUties 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 shall be entiUed to an adjustment and those adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. "-""'- I I I I I I I I I I I I I I I I I I I j.~ 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 confol1l'l$ 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. Page 28 Rev. Date: 1112006 OPSS.MUNII00 ~ .jj Page 29 Rey. Date: 11/2006 OPSS.MUNll00 I I I I I I I I I I I I I I I I I I I GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor 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 form 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 GC 5.05.01 Owner Supplied Material Ordering of Excess Material .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 properly 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 promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. 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 shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. , "_. I I I I I I I I I I I I I I I I I I I .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 after 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 s~e. Where damage or deficiencies are not so recorded by the Contractor, ~ 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. Page 30 Rev. Date: 1112006 OPSS.MUNI100 - Page 31 Rev. Date: 1112006 OPSS.MUNII00 I I I I I I I I I I I I I I I I I I I SEcnON 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 oontrol of the Contractor, including Suboontractors, 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 necessary 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 occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered acoording to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur 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 occurs as a result of, a) war; b) blockades and civil oommotions; 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 pennission. .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, oosts, damages, actions, suits, or proceedings by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable 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. I I I I I I I I I I I I I I I I I I I it{, .02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, rOyalties or fees for the infringement of 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 o,...ner expressly waives the right to indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. .04 The o,...ner 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 of the Contractor's performance of the Contract that are attributable to a lack of or defect in title or an alleged lack of or defect in tille to the Working Area. .05 The Contractor expressly waives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6.03 GC 6.03.01 Contractor's Insurance G_ral .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. .02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The Contractor will not be permitted to commence work until the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Llabirlty Insurance .01 General liability insurance shall be in the name of the Contractor, with the o,...ner and the Contract Administrator named as additional insureds, with limits of not less than five mDIion dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100. .02 Another form of 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 of this insurance shall be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contract Documents. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and, if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), shall not be binding on the o,...ner. Page 32 Rev. Dale; 11/2006 OPSS.MUNI100 -.- ... Page 33 Rev. Date: 1112006 OPSS.MUNll00 I I I I I I I I I I I I I I I I I I I .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 Fonn 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 pennitted. 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 fonns 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 contractual liability endorsement, and b) standard owner's fonn automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.04.01 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 minion 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 perfonnance 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 fonn 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 Boiler 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 fonn acceptable to the Owner and shall be maintained oontinuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. . .,-. I I I I I I I I I I I I I I I I I I I ;::;; GC 6.03.05.02 Boller 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 forming part of the Work, shall be in a form 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 Owne~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 unearned premiums applicable to the Contracto~s poiicies upon termination of coverage. .02 The poiicies 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 extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract, except that the Contractor shall be entiUed to such reasonable extension of Contract Tune relative to the extent 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 entiUed to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owne~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 poiicies, except where such amounts may be excluded from the Contractor's responsibility by the terms of this Conlracl .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. ~34 Rev. Date: 1112006 OPSS.MUNll00 ~ ..di Page 35 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I 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 shaH 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 until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable 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, prompUy 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 fails 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 Own~ within 30 Days of the date on which the Owner made a fonnal 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. ~ I I I I I I I I I I I I I I I I I I I b<;. GC 6.05 Workplace Safety and Insurance Board .01 The Contractor shafl 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. Page 36 Rev. Date: 1112006 OPSS.MUNll00 -. .II Page 37 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES 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 Contractor 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 wilh 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 facilities 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 parl, 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.1, 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 performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; d) workers employed to carry out the Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and - . I I I I I I I I I I I I I I I I I I I ~. f) all Subcontractors and their workers are property 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 prompUy 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 performed, to supervise the Work and act for or on the Contractor's behalf. Prior to commencement of conslruction, 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 relating 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 Manuat, 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 present in the Working Area at all times. .12 The Contractor shall, at no additional cost to the Owner, furnish 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 prompUy 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 prompUy notify the Contract Administrator in writing if the subsurface conditions observed in the Working Area differ malerially from those indicated in the Contract Documents. Page 38 Rev. Date: 11/2006 OPSS.MUNI100 ........ ct Page 39 Rev. Date: 1112006 QPSS.MUNI100 I I I I I I I I I I I I I I I I I I I .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 slake 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 Contractor's forces during construction if the stake ou1locations 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 lay oulthe Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged, or removed by the Contractor'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 shaH provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay ou1 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 afignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractor'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 Contractor'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 Contractor's expense. GC 7.03 Working Area .01 The Contractor'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 cast to the Owner. ..>lIliio:oi. I I I I I I I I I I I I I I I I I I I tc .03 The Contractor shaD 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 shaD, 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 shaD 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 hau~ng Malerial for use on the Work, in whole or in part; upon a Highway; and where molor 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.S, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, exoapt 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 the accumulation of debris and prevent dust nuisance, mud, and ponding water, other than that caused by the Owner or others. GC 7.07 Maintaining Roads arid Detours .01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by construction, ~ shall be kept open to both vehicular and pedestrian traffic. .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 through the Working Area in accordance ~ the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construction. .03 Subject 10 the approval of the Contract Administrator. the Contractor may block traffic for short periods of time to faci~tate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept 10 a minimum. .04 The Contractor shall not be required 10 maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been acoapIed 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 Contractor shall not be required 10 maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the 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 the subsequent removal of the detours, shall be made at the Contract prices appropriate to such work. Page 40 Rev. Date: 1112006 OPSS.MUNI100 ~. 'A Page 41 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I .07 Compensation for all labour, Equipment. and Materials to do this Work 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 induded 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 slrudural and geometric standards approved by the Contract Administrator. Removal and site restoration shall 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 Highway, 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 Work, Persons, and Properly, dealing with the Contractor's responsibility for damage daims, except for daims arising on sections of Highway within the Working 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 cast 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 properly 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 dosing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.09.01. '''- ,"""'" I I I I I I I I I I I I I I I I I I I L< 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 INriting. 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 INritten 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 directly employed or engaged by the Contractor, the Contractor may, withou1 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 INritten notice to the Owner shall advise that if the default is not correc1ed in the 7 Days immediately following receipt of the written notice, the Contractor may, withou1 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 ou1 in subsection GC 7.11, the Contractor shall be enlilted 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 c;lrried 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 c;lse of damage to or interference with any Utilities, pole lines, pipe Hnes, 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. Page 42 Rev. Dale: 1112006 OPSS.MUNI100 ......... ,j Page 43 Rev. Date: 1112006 OPSS.MUNII00 I Ii I I I I I I I I I I I I I I I I I 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 encountered 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 malH1lade 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 Contractor 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 Contractor 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 previous paragraph the Contractor shaH correct promptly, at no additional cost to the Owner, defects or deficiencies 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, ..-., I I I I I I I I I I I I I I I I I I I 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 promptly 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 orderty, competent, and skillful workers to do the Work and whenever the Contract Administrator shall inform the Contractor in writinllthat any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderty 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 property and efficiently drained, to at least the same degree as that of the existing drainage conditions. Page 44 Rev. Date: 1112006 OPSS.MUNll00 Page 45 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I SECTION 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 performed 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 request to 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 65% 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 beentprorated uniformly over 100% of the lender quantity for the item. Overhead costs shall be confirmed by a statement cerlified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, 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. ......... ... I I I I I I I I I I I I I I I I I I I GC 8.02 GC 8.02.01 Payment Price for Work .01 Prices for the Work shaD be full compensation for all labour, Equipment and Material required in its perfOl"lTJance. The term "aU 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 commeroal 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 prorated 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 coUateral 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 Contract 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 listed 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. Page 46 Rev. Date: 11~ OPSS.MUNI100 Page 47 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I 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 shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate shall show, a) the quantities of Work performed; b) the 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 Before the 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 the . Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator shall issue a CertifICate of Subcontract Completion, if the subcontract has been completed satisfactorily, and an 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 the Certificate of Subcontract Completion the date on which the subcontract was completed and, within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Releue Certificate and Payment .01 FoDowing receipt of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory holdback retained in respect of the 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 claims 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; ~- - I I I I I I I I I I I I I I I I I I I 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 Perfonnance .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 substantially performed and, within 7 Days after signing the said certilicate, the Contract Administrator shan 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.30, 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 Lien 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 pu~ication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Perfonnance Payment and Substantial Performance Statutory Holdback Release Payment Certlflcates .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 subcontracls and deliveries of pre-selected equipment; Page 48 Rev. Date: 1112006 OPSS.MUNI100 Page 49 Rev. Date: 11/2006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I 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 perfonned up to the date of Substantial Perfonnance. Payment of such statutory 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 fonn satisfactory to the Contract Administrator releasing the Owner fron1 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 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 except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d) . proof 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 Rlached 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 Completton 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 appropriate, 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 Perfonnance 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 Construction Lien Act and the submission by the Contractor of the following documents: -.- ... II , I I I I I I I I I I I I I I I I I I I 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 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, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest .01 Interest due the Contractor is based on simple inlerest 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 documentetion 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. P_SO Rev. Date: 1112006 OPSS.MUNll00 Page 51 Rev. Date: 1112006 OPSS.MUNI100 I I I I I I I I I I I I I I I I I I I 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 ONner 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 comply 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-Off .01 Pursuant to Section 12 of the Construction Uen Act, the ONner 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 reduction 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 assessmeht 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 ONner will give the .Contractor appropriate notice of such action. GC 8.02.03.12 Delay In Payment .01 The ONner 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 GC 8.02.04.01 Payment on a TIme and Material Basis 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 direcUy by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision but shall not 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 ONner 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. ,..:,~~ I I I I I I I I I I I I I I I I I I I -. Payroll Burdan 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 Contracto(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 conslruclion maintenance of roads, streets, Highways, and parking lots and includes all 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 any one 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 taying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. Th. 127 Rat. 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 tisted, the rate that has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a TIm. 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 rlfl1E! and Material Basis shall be subject to aU 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 DaUy Work Records, prepared as the case may be by either the Contractofs 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 Contracto(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. Page 52 Rev. Date: 1112006 OPSS.MUNII00 - '/~" -.a Page 53 Rev. Date: 1112006 OPSS.MUNll00 I I I I I I I I I I I I I I I I I I I 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 detennined shall be applied to all Time and Material work on the Contract. 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 peridds agreed to by ,,""" - ,..... I I I I I I I I I I I I I I I I I I I the Contract Administrator. This shall include Rented Equipment intended for use on other wOl1<, 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 othlllWise 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 10 be retumed to the lessor until 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 WOI1< on a TIme and Material Basis, to or from the WOI1<ing 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 10 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, 10 be performed by Subcontractors on a Time and Material basis and has received approval prior 10 the commencement or 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 or the extent 10 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 shatI be applied. GC 8.02.04.09 Submission of Invoices .01 At the start or the WOI1< 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 10 the standard form .Summary for Payment or Accounts on a TIme and Material Basis.. Each summary shall include the Change Directive or Change Order number and covering dates or 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. Page 54 Rev. Date: 1112006 OPSS.MUNI100 Page 55 Rev. Dale: 1112006 OPSS.MUNll00 I I I I I I I I I I I I I I I I I I I .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, the costs 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 Work on a Time 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 cornpIetion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time 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 Work, Extra Work, and Additional Work. 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 all costs and expenses arising out of the work, including all cost of general supervision, administration, and management time spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate I .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 an obligations under the Contract. GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set oft monies in aocordance with clause GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep aocurate Records relating to the Work, Changes in the Work, Extra Work, and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance 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 Work, Changes in the Work, Extra Work, and claims arising therefrom for a similar period of time. .02 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work, and Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required, whenever requested by the Owner. ... ;;.~ - I I I I I I I I I I I I I I I I I I I GC 8.02.08 Taxes .01 Where a change in Canadian Federal or Provincial taxes occurs aller 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 submitted 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 submitted not less than 30 Days aller the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shaH submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shaD be submitted not later than '30 Days aller Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when Iell 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 latter 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 to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. Page 56 Rev. Date: 11/2006 OPSS.MUNll00