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Home My WebLink About2008-198THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008-198 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and A-Line Utility.com, Dunsford, Ontario, for the 2008 Street Lighting Improvements -Various Locations. 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, A-Line Utility.com, Dunsford, 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 10~h day of November, 2008. By-law read a third time and finally passed this 10~h day of November, 2008. ~~ ~ ~....,.~ y, _~.,~ _ -- - . ~ ~_ i ~ Clerk ~~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 2008 STREET LIGHTING IMPROVEMENTS VARIOUS LOCATIONS CONTRACT NO. CL2008-26 August 2008 ^ engi architects planners TSH No. 12-29720/12-29721 ~~~' AGREEMENT THIS AGREEMENT made in triplicate t BETWEEN: ALINEUTILITY.COM of the County of Peterborough and Province of Ontario 1 hereinafter called the Contractor ' THE PARTY OF THE FIRST PART -and- 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 famish 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 1 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 1 all the stipulations thereof have been embodied herein. ' Page I of 3 u i DESCRIPTION OF TIIE WORK AND LIST OF DOCUMENTS 2008 Street Lighting Improvements, Various Locations, Contract No. CL2008-26, Municipality of Clarington A. TENDER FORM: General Itemized Bid 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 H. STANDARD DRAWINGS I. PLANS: Drawings No. Title, Ll - LS and E 1 - E6 J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications, Region of Durham Standard Specifications revised May 2005 and Municipality of Clazington Design Guidelines and Standard Specifications - 2004. ' K. OPSS No. Date OPSS No. Date OPSS No. Date 127 Curren[ 604 Nov. 2004 614 Se t. 1984 128 Current 609 A r.2003 615 Nov. 2007 601 Nov. 2004 610 Nov. 2006 617 Nov. 2005 603 Mar. 1993 GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) Al] 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 December 31, 2008. IN CONSIDERATION WHEREOF said party of the second pazt agrees to pay to the Contractor for all work done, the unit prices on the Tender. ' This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. ' Page 2 of 3 IN WTTNESS 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: ALINEUTILIT OM ,d` or/ 24 . boo ~ Date /^ /~' ) in the presence of ) ~ ~`~~ i',%i ~/ ) ~ ~, - ,-'J~~JU~ Date SIGNED and sealed by the Purchaser: CORPORATION OF THE MUPiICIPALITY OF CLARINGTON in the presence of P:\Dept 12\12-29'120\Specs\CL2006-26 - AGR.AOc Date ) ) ~i L~rrie, Clerk Date nC1`l. ~~ 2Cc~~, Page 3 of 3 CONTRACT NO. CL2008-26 Psge 1 of 2 MUNICIPALITY OF CLARINGTON 2008 STREET LIGHTING IMPROVEMENTS -VARIOUS LOCATIONS ADDENDUM NO.1 Contractors aze hereby advised of the Following modifications to Contract No. CL2008-26: INSTRUCTIONS TO TENDERERS Clause No. 4 -BONDS Add the following paragraph: "As an akernative to bonding, the Contractor sha!! provide an irrevocable Letter ojCredit issued by a recognized Canadian fmanctal institution and in a format, both acceptable to the Town, in an amount equal to 100% of the total tender price. The Letter of Credit shall contain a clause to allow for automatic extension an an annual basis. If this option will be chosen, bidders must provide, with their submission a signed Letter of Intent, attached, from their banking institution certtjying capability." A sample of the "Letter of Intent" is attached. ,~ SPECIAL PROVISIONS -TENDER ITEMS WOODPOLES, DIRECT BURIED INEARTH - ITEMS NO. A6, B6 AND C6 The following shall be added to the specification of the wood poles under Part A, Part B and Part C • "All wood poles to be Class 3. " DRAWINGS Drawing No. ES The "Pole Identification Table" shall be revised as follows: 1. "Offset from EP of Roadway" column -revise all 3.15 m offsets to read "4.15 m °. 2. "Pole Length" column -revise all 12.5 m pole lengths to read "14.0 m': All tenders must be submitted on the basis of these modifications. This Addendum shall remain attached to and form part of all tenders submitted. TSH Engineers Architects Planners 513 Division Street Cobourg, Ontario K9A SG6 October 1, 2008 P:\Dept 12112-29720LSpxsWDD. i.doc Attachment: Letter of Intent LETTER OF INTENT TO ISSUE AN IRREVOCABLE STANDBY LETTER OF CREDIT FOR PERFORMANCE SURETIES (Financial Instftution Letterhead) Date: TO: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 RE: CL2008-26 - 2008 STREET LIGHTING IMPROVEMENTS. VARIOUS LOCATIONS We the undersigned, hereby agree to issue an Irrevocable Standby Letter of Credit conforming to the standard format required by The Corporation of the Municipality of Clarington, drawn upon the account of (Name of contractor), in an amount totalling One Hundred Per Cent (100%) of the Contract amount for the Tender not to exceed ($ amount) and conforming to the instruments of Contract attached hereto, for the full and due performance and maintenance of the works shown as described therein. We, the undersigned, agree that 'rf the Tender is accepted, that the above mentioned Irrevocable Standby Letter of Credit shall be issued within fourteen (14) days of acceptance ^ of the Tender related thereto. ^ Dated this day of , 20_ (Name of Financial Institution) (Signature of Authorized person signing for the Financial Company) (Title) (This form shall be completed and attached to the fender submitted.) C:\Documenk and Settirgslymelbum\Local Settings\Temponry Internet FilesWLK68LLET7lER OF INTENT TO ISSUE AN IL of C.DOC Page 2 of 2 PROJECT: TENDER FOR CONTRACT NO. CL2008-26 2008 STREET LIGHTING IMPROVEMENTS, ~, VARIOUS LOCATIONS AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES ENGINEERS, ARCHITECTS and PLANNERS 513 DNISION STREET COBOURG, ONTARIO. K9A SG6 Telephone: 905-372-2121 Fax: 905-372-3621 ' TENDERER: Alineutility.com Name 1792 Heiehts Road Dunsford, Ontario KOM 1L0 Address (include Postal Code) Tel: 705-793-9302 Fax: 705-793-9319 Telephone and Fax Numbers Lairn Allin Name of Person Signing I Owner/Operator Position of Person Signing ! TENDERS RECEIVED BY: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 P9Dept I2\12-297201Specs\CI1008-26-TF(Si~Docs).doc Page 1 of 7 pages TENDER CONTRACT NO. CL2008-26 i 1 I~ li 1~ 11 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2008-26 2008 Street Lighting Improvements, Vazious Locations Deaz 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, famish 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 aze approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 7 pages ' ITEMIZED BID CONTRACT NO. CL2008-26 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-26 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment Item I '~ Item No. Spec No. Description Unit Quanti Unit Price Total PART A: INTERSECTION LIGHTING -TAUNTON ROAD (REG. RD. 4) AND REGIONAL ROAD 42 A 1 604 Low Voltage Cables Aerial on m 120 6.50 780.00 SP Messenger Cable, #6 AWG Copper A2 604 Steel Messenger Cable, Aerial, m 60 I.00 60.00 SP 9 mm A3 609 Ground Wires SP a) #6 AWG Insulated m 40 2.50 100.00 b) #6 AWG Baze m 4 2.00 8.00 A4 609 Ground Electrodes ea 2 50.00 100.00 SP AS 614 Supply `A' and Connection ea 1 1,200.00 1,200.00 SP A6 615 Wood Poles (12.5 m), Direct Buried in ea 1 800.00 800.00 SP Earth A7 615 Guy Mchors ea 3 300.00 900.00 SP A8 617 Roadway Luminaires and Bracket SP Assemblies a) 250W HPS Luminaire, 2.4m ea 2 350.00 700.00 Bracket Total Part'A' (carried to Summary) $ 4,648.00 PART B: INTERSECTION LIGHTING -CONCESSION ROAD 7 AND REGIONAL ROAD. 57, INTERSECTION LIGHTING B 1 604 Low Voltage Cables Aerial on m 148 6.50 962.00 SP Messenger Cable, #6 AWG Copper B2 604 Steel Messenger Cable, Aerial, m 37 I.00 37.00 SP 9 mm B3 609 Ground Wires SP a) #6 AWG Insulated m 37 2.50 92.50 b) #6 AWG Baze m 4 2.00 8.00 Page 3 of 7 pages ' ITENIIZED BID CONTRACT NO. CL2008-26 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-26 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment Item '~ '~ ~I Item No. Spec No. Description Unit Quantity Unit Price Total B4 609 Ground Electrodes ea 2 50.00 100.00 SP BS 614 Supply `B' and Connection ea 1 1,000.00 1,000.00 SP B6 615 Wood Poles (12.5 m), Direct Buried in ea 1 800.00 800.00 SP Earth B7 615 Guy Anchors ea 2 300.00 600.00 SP B8 617 Roadway Luminaires and Bracket SP Assemblies a) 250W HPS Luminaire, 2.4m ea 2 350.00 700.00 Bracket Total Part'B' (carried to Summary) $ 4,299.50 PART C: STREET LIGHTING -LAKE ROAD, BOWMANVILLE CI 604 Low Voltage Cables Aerial on m 1,308 6.50 8,502.00 SP Messenger Cable, #6 AWG Copper C2 604 Steel Messenger Cable, Aerial, m 436 1.00 436.00 SP 9 mm C3 609 Ground Wires SP a) #6 AWG Insulated m 436 2.50 1,090.00 b) #6 AWG Bare m 8 2.00 16.00 C4 609 Ground Electrodes ea 4 50.00 200.00 SP CS 614 Supply `C' and Connection ea 1 1,000.00 1,000.00 SP C6 615 Wood Poles (14.0 m), Direct Buried in ea 6 800.00 4,800.00 SP Earth C7 615 Guy Anchors ea 5 300.00 1,500.00 SP C8 617 Roadway Luminaires and Bracket SP Assemblies a) ISOW HPS Luminaire, 2.4m ea 8 300.00 2,400.00 Bracket Page 4 of 7 pages '~ I'~ TfEMTZED BID CONTRACT NO. CL26~-26 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2008-26 for the following unit prices. Spec. No. - The numbers m this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions (P) - Plan Quantity Payment Item Item No. Sec No. Descri tioo Unit Quantity Unit Price Total C9 610 SP Removal of Electrical Equipment LS 600.00 600.00 Total Part'C' (carried to Summary) $ 20,544.00 SUMMARY - Total Part'A' $ 4,648.00 Total Part'B' $ 4,299.50 TotalPart'C' $ 20,544.00 Total (eacludiug GST) $ 29,491.50 GST (5% of Total) 1,474.58 TOTAL TENDER AMOUNT $ 30,966.08 Tenderer's GST Registration No. 134176288 P1peps 12\12-2912USpecs\[CL2W836Low Bid (Si~nasJxlsl~-~' Bid-A-LiM Page 5 of 7 pages .-sr .wz fir. ..,.~. ~.,~.,y~. ,.,,.. AGREEMENT TO BOND (to be completed by Bonding Comoanvl CONTRACT NO CL2008-26 ' WE, the Undersigned, HEREBY AGREE to become bound as Surety for in a Performance Bond totalling ONE HUNDRED PERCENT { 100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No.CL2008-26 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 a '~ ~~ Name of Bonding Company Signature of Authorized Person Signing for Bonding Company Position this day of 2008 (BONDING COMPANY SEAL) (This Form shall be completed and attached to the Tender Submitted). Page 6 of 7 pages `t°....-.q,.. ° -S ~.~,.-.rn, •r ^[+izt . .~;".e"..xJ59P ~: ° ,. .. `r~.m •, r. .. -,. ..m,y ~x,.a~n .~. f+gy".-`Tv,~`'.ry `-o,.. wx~ ; x.uv- ~; ~~ SCHEDULE OF TENDER DATA CONTRACT NO. CL2008-26 The work specified in the Contract shall be performed in strict accordance with the following Schedule: i r I~~ I~ A. TENDER FORM: General Itemized Bid Agreement to Bond Schedule of Tender Data STANDARD TERMS AND CONDITIONS SCHEDULE `C' -CONTRACTOR SAFETY INSTRUCTIONS TO TENDERERS SPECWL PROVISIONS -GENERAL SPECIAL PROVISIONS -TENDER ITEMS DESIGN GUIDELINES STANDARD DRAWINGS Pages 1 to 2 Pages 3 to 5 Page 6 Page 7 Pages 1 to 9 Pages 1 to 8 Pages 1 to 5 Pages I to I1 Pages 1 to 13 B. C. D. E. F. G. H. PLANS: Drawings No. Title, L1 - LS and El - E6 STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications, Region of Durham Standazd Specifications revised May 2005 and Municipality of Clarington Design Guidelines and Standard Specifications - 2004. OPSS No. Dste OPSS No. Date OPSS No. Date 127 Current 604 Nov. 2004 614 Se t. 1984 128 Current 609 A r.2003 615 Nov. 2007 601 Nov. 2004 610 Nov. 2006 617 Nov. 2005 603 Mar. 1993 K. 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 al] 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, Uwe hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2008-26, executed by elus bearing date the 3`~ day of October 2008 and we have fully read all related documents to to r a listed above. SIGNATURE: POSITION Owner/O~erator NAME OF FIRM Alineutility.com (COMPANY SEAL) L-l5R G+~2pEni~, ~~o ~ Private I.eeislatiao / l lJ P Q, `^ o~ Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner That we have obtained the CONSENT of any and all empbyees whose personal information we have supplied to the owner in this tender. This personal information, which includes, but is not limited tq the employees' names, education, work andproject history, professional designations and qualifications. This CONSENT permits the owner to disclose [his personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. N the event that the rerrder is successful, this personal inforration rosy also be used in project adminishation, for contact purposes. This is Page 7 of 7 Pages to be submitted as the Tender Submission for Contract No. CL2008-26. i' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-26 STANDARD TERMS AND CONDITIONS P:~Dep[ 12112-297201Specs~CL2~8-26-T&C.doc _ _ 1 STANDARD TERMS AND CONDITIONS 1 The Municipality of Chutingto»'s "Standard Tetras and Conditions" shall apply tq this Contract except where noted below. Clause 8 of the "Standard Terms and conditions" shall be superoeded by Clause 8, "Payments" of the "Special Provisions -General" Section of the ContracK. • Clause I S of the "Standard Terms and conditions" shall be supetceded 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 Tetras and Conditions" shall be superseded by Clause 6.03.02 of the OPS General Conditions of Contract (November 2006) which requires a $5,000,000.00 IiabiGty coverage. • Clause 26 of the "Standard Tertns and Conditions" shall be superseded by Clause ! 7, "Workplace Hazardous Materials Information System (WHMIS)" of the "Spacial ~ Provisions -General" Section ofthe Contract.. ~~ ~~ !f STANDARD TERMS AND CONDITIONS 2 1. DEFINITIONS Municipality -The Corporation of the MurddpaWy of Clarington, its successors and assigns. Bidder -The person, firm w corporation aubmilfing a bid to the Municipality. Company -The person, contractor, fine w corporation to whom the Municipality has awarded the contract, tt successors and assigns. Contract -The purolrase order authorizing the company to perform the work, purdrase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, firm or corporation having a contract with the company fw, w any part of, , the work. f~tument -The document(s) issued by the Munidpapty in response to which bids are invited to perform the work in accordance vrith the sperificafiorra contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. Work -All labour, mater~ls, products, argdea, fixtures, services, supplies, and acts rer~ired to be done, furnished w performed by the oorrrpany, which are subject to the Contrail. 2. SUBMISSION OF BID Bid nvitation shall be in accordance with ttre Munidpalil of Clarington Purchasing By-law #2lRlfr 127 and wiH apply for fife taping, receiving, and. opening of bids. The Municipality vriq be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing BY- law. r The bid must be submitted on the form(s) and in the enrvelope supplied by the Municipality unless w otherwise provided herein. The envelope must not be covered by arty outside wrappings, i.e. courier r envelopes or otFrer coverings. ' The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, tt must be signed on behaN of each of the Bidders. The bid must be legide, written in ink, or typewritten. Arty forth of erasure, strikeout wooer-writing must be initialled by the Biddel's authorized agning officer. The bid must not be resiriiled by a covedrg letter, a statement added, or by atteratiwrs tc the ~, document unless otherwise provided herein. Failure to return the dowment or invitation may result in the removal of the Bidder from the Municipality's biddel's list. A bid received after the dosing date and time will rat be considered and will be returned, unopened. Should a dispute arse from the terms and conditions of any part of the contrail, regarding meaning, intent or ambiguity, the derision of the Municpaityy shall be final. ~ L_.J ~ STANDARD TERMS AND CONDITIONS a 3. CONTRACT The conUail cau(sts of the documents ~. The contract andipartions thereof take precedence in the order ~ wiritdr they are named above, noiwilhstandingtha duonobgical order in which they are issued or exeadad. The intent of the contract is that the Comparry shah soppy work vrhidt is fd and auitable for the Municipaliya intended use and complete for a particular purpose. None of the twrrditions contained in dre Bidder's standani or generel catrditions of sek strai be of any effeil unless expfialy agreed to by the Mumapalily and spedficaly referred to In the purctrese oMer. 4. CLARIFICATION OF THE DOCUMENT Any dadfication of the documentrt required by the Bidder prior to submission of its bid stmt be requested through the Municipaliys contact identified in ti,e doarrtrent. Arty such darificalfon so given ahall not in arty way attar the document arts in no case shah orb arrangemerds be carsidered. Every reties. advice or other cornmuntcetimr pertaining thereto wit be m -the form of a written addendrsn. No ofifoer, agent or employee of the Munidpality is authorized To alter oreiy any portion of the docurtrent. 5. PROOF OF ABILITY The bidrkr may be required to show. in terms of experience and fatalities, evktence of its abiiy, as weN as that of any Proposed suboontrador, to perform the work by the spedied detivary date. s. pEL VERY Untess otherwise stated, the work specified in the bid shall be delivered or cwnpletely performed by the Company as soon as possible and in any event within the period set out herein as the guar~rteed period of deivery or oompietion after receipt of a purchase order therefor. A detaibd delivery tidtet a piece tally, showlrg the exact quantity of goods. materials, articles or equipment, stroll accornparry each delivery ttrereof. Receiving by a foreperaon, storekeeper or otirer such receiver sturN not bind the Munidpality to accept the worir covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shat be subject to further inspection and. approval by the Muniq>nliy. The Company shat be responsible for arranging the work so that completion shat be as specified in the contrect. Time shall be of the essence of the contract PRICING Prices stroll be in Canadian Funds, quoted separately for each item stipulated, F.0.8. destkration. Prices shall be fine for the duration of the contrail. Prices bid must include ati inddental costs and the Company shall be deemed to be satisfied as to the tut requirements of the bid. No claims for extra work will be entertained. and arty addibnal work must be auttxxtaed in writing prior to commencement. Shouts the Company .require more information or clarification on any point, it must be obtained prior to tits submission of the bid. Payment shall be fui compensation for all costs related to the work, inducting :operating arxt ovefiead costs to provide work to the satisfaction of the Munidpafity. STANDARD TERMS AND CONDITIONS All prices quoted shall irrdude applicable a duly, exdse tax, insight, insurance, and aN other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, antes. otherwise specfied herein. If the Bidder intends to manufacture or fabricate arty part of the work outside of Canada, N shall artange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty of any variation in any tax or duty be inposed by the Govertxrrcet of Canada or the Province of Ontario become directly applicable to work spectfied in this doasrrent subsequent to its submission by the Bidder and before the delivery of the work covered tirereby pursuant m a purchase orcler issued by the Munkapalily appropriate increase a decrease in the price of work shah be made to compensate for such dranges as of fhe effeilive date thereof. 8. TERMS OF PAYMENT Where required by the Construilion Lien Ail-appropriate monies may be held bads until 60 days attar the completion of the work. Payments made hereunder, inckding final payment shall not relieve the company .from Ns obligations or li~ilities under the corrtrad. Acceptance by the company ~ the final payment shall constitute a waiver of daims by the company against the Municipality, except those previously made in vxiting in accordance with the conbaU and still unsettled. The Municipality shall have the right to withheld from any sum otherwise payable to the company such amount as may be suffident t0 remedy any defeil or defidency n the work, pending coredion of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contrail requirements being completed and work being deermed satisfadory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all daims, ad'wns or proceedings against the Munidpality based on any allegations that the work or any part of the work constitutes an infringem~rt of any patent, copyright or other proprietary right, and shah pay to the Municipality all costs, damages, charges and expenses, including its lawyers' lees on a solicitor and his own diem basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work Or arty part thereof is in any action or proceeding held to constitute an infingement, the cormpany shah forthwith effher secure for the Munidpelily the right to continue using the work or shall at the company's expense, replace the infringing work with non-infinging work or modiy ti so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municpality shall be final. Any bid proposing an atiemate wNl not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality wish respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall nil assign or subcontract the contrail or any portion thereof wrthoul the prior written consent of the Munidpality. ~~~~. STANDARD TERMS AND CONDITIONS s. 13. FINANCING INFORMATION REQUIRED OF THE r.AMppNV The Municipality q entitled b request of the Company to famish reasonable eviderax Mat Mencial anangertaer[s ham been made W tultiil the Company's obligations urrdor the Contrail. 14. LAWS AND REGULATIONS The company shat oompty wiM relevant Federal, Provmdal and Municipal statutes, regulations and by-laws pertaining to the work and its performarxxi. The company shall be reaponsibb for enswing similar compliance by suppliers and subcontadors. The contail shell be governed by and interpreted in accordance wiEh the laws of the Province of Ontario. 15. CORRECTION OF DEFECTS It at any time prior to one year after the atUrai delivery date w completion of the work (w apaafied warranty/guaranMa period if longer Man one Yom) anY ~ of the work baorxnes :defective w is defiderrt w fads due to defied in design, material w workmanship, w oMerwiae fails to meet the regrdrements of the contract, the company, upon request. shaA make good every such dated,. deficiency w Tailuae witlcorrt cost to the Municipality. The comPanY pay. aN traruportation costs for work boM ways between tlce company's fadory w repot depd and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to awaM by item, w part thereof, groups of Renrs, w parts thereof, or aN items of Me bids and to award contracts to one w more bidders submitling iderNicel bids as ~ price; t0 accept w reject any bids in while w in part; to waive irregularftt~ and.omissions, if in so doing the best interests of the Municipality will be served. No liability shah accrue to the Muncipalty for its dedaron in Mis regard. 8i~ shall be irrevocable for g0 days after the otrxial dosing lime. The placing m the maN or delivery to Me Biddefs shown address gives in the bk! of a notice of award to a bidder by the ~lunidpalily shall constitute ndice of acceptance of contact by the Mrarapelitlr to the extent describeed in tlce notice of award. 17. DEFAULT BY COMPANY a. If the company: rrornrrdts any act of bantcn~tcy; or if a receiver is appilnted on account of its insolvency w in reaped of any of its property; w if the company makes a general assignment for Me benefit of its aetiltors; then, in any such , the Mutwilpa&ty may, without notice: terminate the centract. b. If Me company: fails to compty with any request, inshuction w order of the Munidpatity; or tails to pay its accounts; or fails to comply with w persistenty disregards statutes, regulations, by-laws or directives of relevant authorities rntating to the work; w Mils to prosearle the work with skill and diligence; or assigns w sublets the eonfrad or any portion thereof without Me Munidpalig+s prior written consent w refaces to correct defective work; or is otherwise in default in carrying out its part of any of the terms; corrditiorrs and obligations of Me tooted, then, in any such case, the Munidpaliy may, upon expiration d ten days from the date of written notice to the company. tem+inate the oontrect. c. Any termination of the contrail by the Municipality, as aforesaid, shall be without prejudice to any other rights w remedies the Municpality may nave and withautinaaring any liability whatsoever n rasped thereto. i _,.. , , STANDARD TERMS AND CONDITIONS d. It the Municpally temrinatea the contract, ft is entitled to: mice possession of all worts in progress, materials and constnx:fion equipment then at Ure project site (at no adddronal charge for the retention or use of the oonstmdion equipment), and ftnkh the work by whatever means the Municipality may deem appropriate underthe droumstances; g) withhold any further paymerds to the axnparry until the completion of the work and tine expiry of all obligatiare under tine Corecfion of Defects section; iii) recover from the company bss, damage and expense incurred by the Munidpagly by reason of the canparys demcit (which may be deducted from any monies due or becoming due to the oonrpany, any balance to be paid by the comparry to the Municpality): 18. CONTRACT CANCELLATION The Munictpality shall have the right, which may be exerdsed from time to time, to cerncel any uncompleted or unperformed portion of the work or part thereof. In the evert of such cancellation, the Municipality ant the Company may negotia6e a aelllement. The Municpality shall not be fiaDle to the Company for bss of anticipated profit on the cancelled porton or portions of the work. 79. QUANTITIES Unless dherwise specified herein, quantgies are shown as approximate, are not guaranteed to be accurate, are famished without arty liability on behalf of the Municpality and shaA be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municpality. 20. SAMPLES Upon request, samples must be submitted stdctly in accordance with instructions. ff samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days fogowing such request, unless additlanal time is granted. Samples must be submitted free otcharge and will be returned at the bidders expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the MunidpaGty shall be at its acts discretion and any such acceptance shall kr ra way be construed to knpiy relief of the company from its obligations under the contract. Samples submitted must be accompanied by cumeM Material Safety Dam Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, 'd the Munidpagly in im absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order ar other form of surety, in ~ amount demrmined by the Municpality. This surety may be held by the Municipality until 00 days after the day on which all waft covered by the cordrect has been canpleted and accepted. The surely may be returned before the 60 days have elapsed providing satismdory evidence is provided that ag liabigties inwrred by the company in cermn9 out the wodc have expred or have been satisfied and that a Certficete of Clearence from the WSIB - Workplace Safety Insurance Board has been received. The company shag, 'd the Municipality en its absokrte discretion so desires, be required to satisfy fidelity bonding requirements by providkg such boncSng in an amount and forth demrminecl by the Municipality. ~~ Failure to famish required surely wihin iwo weeks from dam of request thereof by the Municipalty shall make the award of the Contract by the Munictpalty subject to wghdrawal. STANDARD TERMS AND CONDITIONS 22. WORKw_4CE SAfETYAND INSURANCE BOARD Ali of the Conlradmt's personnel mcet be covered by the insurance pkn under the Worl~kce Saf~y and Insrrance Act 1997, err must provide an identificeAan ntsrrber fiom the WSIB verifying their siaWs as an'Independegt Operator. Upon reque~ by the MunkipaNty, ~ original Lefler d Good from Me Wodgrlaca Safety and Insurance Board ahaM be provided prior to the oarvrrenoenreM of work indicating ~ payments by the Company to the board have been made.. Prior b find psymerd, a Certificate of Ckavance must be issued irWicatlrg all payments by the Company b the. Boerd n conjunctbn widr the subjed Centred have been made and tlnat the MtrnidpoWy wifi tqt be Hebb b the Board for futuro paymerds in connection wtlh the Comperes fi~iknerrt d the corrtraet Frsdrer Certlficates of Cl~ranoe or other types of certificates shall be provided upon request For lndepervient oontradora /Owners /Operators who do not have WSIB coverage. tine idbwing shah be Provided upon ~~ by ~ Ca1ig ASencY~ Single Independerd Contractors /Owners /Operators shall provide a letter from the Wodplace Safety & Insurance Board oonfirrning independent operator status and identification number. To obtain giis, corrtraetoro must complete the form °Detertnining vrorker/lndeperMent Operator ', issued by the WoAcpkce Safety & Insurance Board. (For mare krforrrvatiorr, please cooled your bcal Workplace ~fdY 8 Insurance Board Office and refer to this louse.) Single Independent Contradors /Owners /Operators must also provide a oettif~Qe from the Workplace Safety & Insurance Board confirming they have purdrased the optional WSIB coverage. The Mrariclpafity of Clanngton has the right m reject any bid rt deerrra to provide krsuflkknt oovaage. 23. INSURANCE The company shall maintain and pay for Comprehensive General l.ial>iity insurance kxiuding premises and atl operations. 7Tia insurance coverage shat be subject b of trot teat Bran 53,000,000.00 inclusive per occurrence for third party Bodfiy Injury and Property Damage or such otlrer coverage or amount as rcey be requested. The policy shall include the Munkapefily as an additional instaeds in rasped of atl operations performed by or on behalf of the Company. A certified copy of such policy or certficate shag be provided to die munidpalily prior to carmrencement of the work. Further erfified espies shall be provided upon request 24. LIABILITY The corrpanY agrees to defend, fulty indemnity and save harmless the Murridpalily from afi actions, soils, claims, demands, bases, costs, charges ant expenses whatsoever for atl damage. or injury including death b~any person and ant damage to any propeAy which may arise drolly or indirectly by reason of a requirement of the centred, save and except for damage caused by the negligence of the Municipality or its ampbyees. The Company agrees to defend, fWly indemrpfy and save hamrkss the AMrnicipafity from arty and afi charges. fines, penatlies and ccets Ural maybe iraurred or paid by the Munidpaity if die Municipality or any of its empbyees shall be made a party b any charge under tine Ocwpatiorral Heatlh and Safety Ad in rektion to any vitiation of the Ad arising out of tMs ceMrod. 25. VISITING THE SffE The Company shah prefulty examine the sik and existing building and services atfedng the proper execution of the work, and. obtain a dear acrd comprehensive knowledge of the existing conditions. No claim far extra payment will be albwed for work or difficulties enaounterfld due to cond"Aions of the site which wore visible or reasonabty inferable, prior to the date of subrrvsaion of .TerMers. Bidders'shall accept sole responsibility for any ertor or negkd on their part in this rasped. .y., ,. ... _ ..,. .. ..-.,, .. ,,, STANDARD TERMS AND CONDITIONS 26. SAFETY +. , 8 The Company shall obey aN Federal, Provirx9al and Municpal Laws, Ad, Ordinances, Regulations, Orders-lrCouncil and Byaaws, which could in any way pertain to ttre work outlined in the Contract or to the Empbyees of the Company. Without limiting the generelpy of the foregoing, the Company shall satisfy all statutory requirements imposed by the Ocwpational Health and Safety Act and Regulations made thereunder, on a wntrador, a Constnrdor andlor Employer with rasped to or arising out of the performance of the Comparrys obligations under this Contrail. The Company shop be aware of and conform to ail governing regulations including those established by the Municipality relating to employee health and safety. The Company shag keep employees arM subconUactors informed of such regulators. The Comparry shall provide Matedai Safely Data Sheets (MSOS) to the Municipality for any suppped Hazardous Materials. 27. UNPAID ACCOUNTS The mmpany shall indemrtify the Mundpality fran all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at arty time to require satisfactory evidence that the work in respect of which arty payment has berxr made ar is to be made by the Munidpality is free and dear of pens, attachments, claims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without irnalidating the contrail, suspend performance by the company from tirrre to time of any part or aA of the work for sudr reasonable period of time as the Municpality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contrail, direct the Company to make dranges to the work. When a change causes an increase or decrease in the work, the contrail price shall be increased or decreased. by the application of unp prices to the quantum of such increase or decrease, a in the absence of apppcaWe unp paces, by an amount to be agreed upon between the Munidpapty and the Company. Ap such changes shall be in writing and approved by the Munidpapty. 30. CONFLICT OF INTEREST No employee or member of Coundl of the Munidpapty shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Pdicy or have a direct or indireil interest in a Company or ovm a Company which sells goods or services to the Munidpaliy. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA) All corespondence, documentation, and ldwmation provided to staff of the Muntdpapty of Clarirrgton by every offerer, including the submission of proposals, shah become the property of the Munidpality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Ad, and may be subject to release pursuant to the Ail. Offerers are reminded to identify in their proposal material any spedfic scientific, technical, commercial, proprietary, or similar confWential krfortnafion, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidenfial. 32. CRIMINAL BACKGROUND CHECKS "The successful service provider covenants acrd agrees to provide the Munidpality of Clarington, or such other entity as the Municipality may designate, with written consent to perform a criminal m STANDARD TERMS ACID CONDITIONS background check inducting Criminal Code (Canada) moons, pardoned sexuah dferxxs, records a eonviglons under the ControNed Dugs and Sk~tances Ad, I~anootikx Cord Ad aM Food and Dogs 14ct and all outstandtirg warreMs and charges for every indivdual who may come into direct eadreG with youtik a who are permitted entrance to prhrate or res4ided arses w residences. This witi be dale at no coffi to the Muridpality and any such requested dacumeM will be sutxraQed to this Municpafity in ks frue form in advance of commencerneM of ureic. The Muncpal issued identification card must be wom when individuals are at a site where there is direct tooted with youtir a where access to any private or restricted area is anticpated. The Municpal identifcation card ~ valid for the tens of the oontred only ar a are year tens, whichever comes test. Under the terms of the contract, the Munidpatiry has the sob and unfettered discretion to prohibit an individual from Doming into direct contact with youth or entering a private or restdcted area ar a reguhar basis and to terminab the contract ff the bidder/paMer faib to obtain w renew the Municipal hdentification cards according to Municipal pdicy and procedure. The Murricpalily of Cladngtan reserves tire right to cancel and/or suspend tire contract immediably and unilaterally and witlwut penalty to Uka Munik;ryality should the service provider fad to provide the required documentation or otherwise adhere to this procedure. 'The Chief Administrative Officer has the fines say in determining any final ad'an." A 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-26 SCHEDULE `C' P:1Dept (2112-297201SpecslCL-ScLeduk (G).doc J u SCHEDULE (C) CONTRACTOR SAFETY! POLICY AND PROCEDURE POLICY: Contractors and Sub-cordradors are n~sponsible 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 Ad. Safety pertormrance will be a consideration in the awarding of contrail. Under the Occupational Health and Safety Ad (Section 23 (1), (2)), it is the constructors responsibility to ensure that: • the measures and procedures prescribed by the Occupational Health and Safety Act and ttie Regulations. are carried out on the orgieil; • every employer and every worker performing worts on the pSQjec. complies with the Occupational Health and Safety Ad and the Regulations (under the Act); and • the health and safety of workers on the aroiect is protected. • Where so prescribed, a constrictor 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: k'. Contractor- any individual or firm engaged by the Municipality to do work on behalf of the Municipality. Project - means a construction project, whether public or private, including, the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, expvation, highway, raiMray, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe Tine, dud 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, aReration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating; trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. 2 SCHEDULE (C CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Constructor- means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer Project Manager- means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substancesRiazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation condRions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Ail. f) As part of the tender/quotation cond'Rions, before award of a contrail, 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 orientationlJob 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 prailices. i SCHEDULE (C) POLICY AND PROCEDURE Continued... ~,, . a. 3 ' i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limked 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 albwed on the site until the person(s) complies. j) The Munic~ality 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 ff there are any violations by the cortractor of ills 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 orcters can be given to contractors using Contractor Health and Safety Waming/Stop Work Order Form (Schedule "B"). k) Where applicable, the Municipality wAl retain the right to aNow municipal empbyeesto refuse to work in accordance with the estabNshed policy and the Occupational Health and Safety Act, in any unsafe conditions. I) The Purchasing Department wiU 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 incude ident~cation, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Waming/Stop Work Orders. 4 SCHEDUI~ (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 Muniapal 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 accide~ncident 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 warnings 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.) .. ,.,.. .. 5 SCHEDULE (C} CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S;STATEMENT OF RESPONSIBILITY As a contractor worlvrtg for the Municipality of Clarington, I/we will compy with all procedures and requirements of the Occupational Health and Safety Ad, Municipal safety polices, department and site specific polices and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. The contractor/successful tenderer certifies that it, its employees, i~ subrwntradors and their employees, a) are aware of their respective duties and obligations. under the Occupational Health and Safety Ad, as amended from time to time, and all f~egulations thereunder (the "Acf~; and b) have sufficient knowledge and training to perform all matters. required pursuant to this contrad/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contrad/tender, the contractor/successful tenderer shall, a} act safely and comply in all respects to the Act, and b} ensure that its em~oyees, it subcontractors and their empbyees ad safety and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe ad or practice and any non-compliance with the Act at its expense immediately upon beirg notfied by any person of the existence of such ad, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Heafih and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contradorRender. 5. No act or omission by any representative of the Municipality shall tie deemed to ba an assumption of any of the duties or obligations of the corrtractorisuccessful tenderer or any of its subcontractors under the Ad. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, a) from any loss, inconvenience, damage or cost to the Munidpality which may:resuR from the contractor/successfuttenderer orany of its employees, its subcontractors or their employees failing to ad safely or to comply in all respects with the Act in the perfomtance of any matters required pursuant to this contract/tender, ,.. s SCHEDULE (C) ~ ' CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe ad or practice or any non-compliance with the Act by the contractorlsuccessful tenderer or any of its employees, its subcontractors or their empbyees in the performance of any matterrequired pursuant to this wntracUtender; and c) from any and all charges, fines, penalties, and costs that may be incured or paid by the Municipality (or any of its council members or employees) shat be made a party to any charge under the Actin relation to any vi ati of the Act arising out of this contrad/tender. n// Contractor Name of Person Signing for Contractor ..............~..... .........................................~.~..~....~0.8.. Signat re of Contractor Date R Y SCHEDULE (C) CONTRACTOR SAFtTC. POLICY ANO PROCEDliRE Continued... CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ~R The purpose of this form 's3 to: (Issuer to check one of the following) _ Provide warning to the contractor to immediately discontinue the unsafe. work practice described below _ Direct the corrtrador to immediately cease all work being performed under this contract due to the unsafe work practice described bek>w. PART "A" -DETAILS OF CONTRACT CONTRACT/P.O. # DESCRIPTION: NAME OF FIRM: PART "B" -DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) r 8 SCHEDULE (C) CONTRACTOR SAFETY DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE & TIME OF COMPLIANCE ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART "C" -ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENTTO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. 1 ~1 Ii CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-26 INSTRUCTIONS TO TENDERERS P:1Dept 12112-29720\Specs\CL2008-26-IT.doc I I'''' INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-26 CLAUSE SUBJECT PAGE 1. GENERAL .................. .. . ............................................................................................................................ ..........1 2. BLANK FORM OF TENDER .................................................................................................................. .......... 2 3. TENDER DEPOSITS ........ ......................................................................................................................... ......... 2 4. BONDS ............... ........................................................................................................................................ .........2 5. RIGHT TO ACCEPT OR REJECT TENDERS ......................................................................................... ......... 3 6. UNACCEPTABLE TENDERS .................................................................................................................. ......... 3 7. ABILITY AND EXPERIENCE OF TENDERER ...................................................................................... ......... 3 8. PROVINCIAL SALES TAX ...................................................................................................................... ......... 3 9. GOODS AND SERVICES TAX (GST) .............. ....................................................................................... ......... 3 10. EXECUTE CONTRACT DOCUMENTS .................................................................................................. ......... 3 1 I. COMMENCEMENT OF WORK ............................................................................................................... ......... 4 12. LOCATION ......... ....................................................................................................................................... .........4 13. TENDERERS TO INVESTIGATE ............................................................................................................ ......... 4 14. INQUIRIES DURING TENDERING ........................................................................................................ ......... 4 15. AWARD OF THE CONTRACT ................................................................................................................ ......... 5 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTR ATOR ......... ......... 5 17. ADDENDA ............ . . .................................................................................................................................... ........5 18. UTILITIES ............... . .. ................................................................................................................................. ........5 PAGE ONE ' INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-26 I• GENERAL SEALED Tenders plainly marked "Contract No. CL2008-26" will be received until: 2:00:00 P.M., LOCAL TIME, FRIDAY, OCTOBER 3, 2008 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Muuicipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Tenders must be time-stamped at the above noted location to be considered. Late submissions will `' ~ not be accepted and will be retumed 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 came into the possession of the above-mentioned representative of the Municipality before the deadline for submission or the Tender will be retumed to the Bidder unopened. 'i 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. 1n 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, 2nd 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 elected officials, employees and agents shall not be responsible for any liabilities, costs, expenses, loss or damage incun•ed, 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 2, CONTRACT NO. CL2008-26 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 DEPOSTI'S 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 Minmtum Deposit Required 20,000.00 or less $1,000.00 000.00 2 20,000.01 to 50,000.00 , 000.00 5 50,000.01 to 100,000.00 , 000.00 10 100,000.01 to 250,000.00 , 000.00 25 250,000.01 to 500,000.00 , 000.00 50 500,000.01 to 1,000,000.00 , 000.00 100 1,000,000.01 to 2,000,000.00 , 000.00 200 2,000,000.01 and over , whichthetA tho rtyrele tseto retain untilthe successful tenderer ha sexecuted the Con lactose 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. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-26 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. i Tenders which are incomplete, conditional or obscure, or which contain additions not called far, 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. ABILTTY 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. INSTRUCTIONS TQ TENDERERS CONTRACT NO. CL2008-26 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. 4. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the awazd 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 awazd the Contract to one of the other Tenderers or take such other action as it chooses. 11. COD'IMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendaz 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 Part A: The intersection of Taunton Road (Reg. Rd. 4) and Regional Road 42. Part B: The intersection of Concession Road 7 and Regional Road 57. Part C: Lake Road, from Liberty Street to Port Darlington Road, Bowmanville 13. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall cazefully 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 properjurisdictional agency. 14. INQUII2IES 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: 905-668-4021, Ext. 2310, attention: John Breward or Will McCrae, P. Eng., Tel: 905-372-2121, Ext. 244. In LJ r "' ~ INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-26 15. AWARD OF THE CONTRACT 5. The awazd of this Contract is subject to the approval of the Municipality of Clazington. 16. DEFINITION OF OWNER/AUTHORTTY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the Corporation of the Municipality of Clazington. Wherever the word "Ministry", "M.T.C." or "M.T.O" appeazs it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". Wherever the word "Contract Administrator" or "Engineer" appeazs in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. 17. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. 18. UTILTTIES For additional information regarding existing utilities the Contractor may contact the following personnel: Ms. Kimberly McLellan Bell Canada Mr. Jamie Rochford Enbridge Consumers Gas Tel: 905-433-3061 TeI: 1-416-758-7933 Ms. Cindy Ward Mr. Jim Hisson Roger Cable T.V. Ltd. Hydro One Tel: 905-436-4138 Tel: 1-905-623-1071 Ext. 3318 Mr. Peter Petriw Veridian Connections Tel: 1-888-445-2881 L Ext. 3252 'y~ s '4$ CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-26 SPECIAL PROVISIONS -GENERAL 1 p;\Dept 12U 2-29720~Specs\CL2008-26-SPG.doc i .~ ', INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2008-26 r ~' ~r ~~ ~` CLAUSE SUBJECT PAGE 1. PLAN QUANTITY ITEMS ............................................................................................................. .....1 2. GUARANTEED MAINTENANCE ................................................................................................ .....1 3. CONTRACT TIME AND LIQUIDATED DAMAGES .................................................................. .....1 4. CONTRACTOR'S AUTHORIZED REPRESENTATNE ............................................................. .....2 5. OPS GENERAL CONDITIONS ...................................................................................................... .....2 6. LAYOUT BY CONTRACTOR ...................................................................................................... ......2 7. RESTRICTIONS ON OPEN BURNING ....................................................................................... ......3 8. PAYMENTS ................................................................................................................................... ...... 3 9. UTILITIES ...................................................................................................................................... ......4 10. TRAFFIC CONTROL, FLAGGING .............................................................................................. ......4 11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ......................................................... ......4 12. MAINTENANCE OF TRAFFIC .................................................................................................... ......5 13. EMERGENCY AND MAINTENANCE MEASURES ................................................................. .......5 14. ENGINEERING FIELD OFFICE .................................................................................................. .......6 15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .................................................. .......6 16. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES ..... .......6 17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ................. .......8 18. SPILLS REPORTING .................................................................................................................... .......8 19. TRAFFIC AND STREET SIGNS .................................................................................................. .......8 20. GARBAGE COLLECTION AND MAIL DELNERY SERVICE .............................................. ........9 21. ENTRY ONTO PRIVATE PROPERTY ...................................................................................... ........9 22. STORAGE AREAS ...................................................................................................................... ........9 23. GENERAL LIABILITY INSURANCE ........................................................................................ ........9 24. CONSTRUCTION LIEN ACT ..................................................................................................... ........9 25. VARIATIONS IN TENDER QUANTITIES ................................................................................ ......10 26. PROPERTY OWNER'S RELEASE OF PRNATELY OWNED LAND USED BY THE CONTRACTOR ........................................................................................................................... ....... I 1 PAGE ONE SPECLAL PROVISIONS -GENERAL CONTRACT NO. CL2008-26 s 1. PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.16 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 (1) 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. t Time t k d C h W on rac or an e (2) Progress of t The Contractor shall accomplish completion of this Contract as defined in GC 1.06 of the General Conditions on or before December 31, 2008. If the Contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to insure that the work 1 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. LJ SPECL4I. PROVISIONS -GENERAL CONTRACT NO. CL200&26 2 (3) Liquidated Damages It is agreed by the parties to the Contract that incase 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. 5. 6. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.10 is defined as an employee of the Contractor. OPS GENERAL CONDTTIONS 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. 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 centreline road profiles. The Contractor shall provide a Summary Report of all aforementioned checks made to the Contract Administrator prior to the commencement of construction layout. Any discrepancies between the Contract Drawings and field checks shall be reported immediately to the Contract Administrator. 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. C~ ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2008-26 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. N 8. PAYMENTS 3. 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 ceRification and payment, the Authority may withhold 2-]/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 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07.03(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04.03. t id e a curren As a condition of Progess Payment Certificate processing, the Contractor must prov W SIB 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 120 days after the date for completion as specified under GC 1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. 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. CL2008-26 9. UTILITIES Sections GC2.01 and GC7.13 02 of the General Conditions aze deleted in their entirety and are replaced by the following: 4. "The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction." The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which aze 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 regazd 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 safeguazd the utilities from damage. 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. 10. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual). Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. 11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, detour signage, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the "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 r ~~ J I SPECIAL PROVLSIONS -GENERAL CONTRACT NO. CLZ00&26 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. r Traffic controls shall be operational before work affecting traffic begins. 12. MAINTENANCE OF TRAFFIC 5. The Contractor will be required to maintain traffic in both directions on all streets, at all locations. The Contractor will also be required to take out Road Occupancy Permits with the Municipality of Clazington and the Region of Durham for all locations Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the Contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the Contract Limits and within the Contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. It is the responsibility of the Contractor to visit the site to become familiaz with existing traffic volumes and patterns. No specific AADT (Average Annual Daily Traffic) is available at this time. However, the Contractor shall take into consideration all traffic into and out of the job site azea as will occur during regulaz working hours. No claims for delays due to traffic will be considered for compensation. The Contractor shall be responsible for all detour signing outside the Contract limits. 13. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor s negligence, act of God, or any cause whatsoever. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. SPECIAL PROVLSIONS -GENERAL , CONTRACT NO. CL2008-26 6. 14. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The r Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. 15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ' The requirements of OPSS 180 shall apply to this Contract, revised as follows: .1 Section 180.03, Definitions, shall be amended by the addition of the following: 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. 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. 16. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. ~J SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2008-26 f r Designated Substance Identified on this Site Location Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No Mercury No Silica No Vinyl Chloride No 7. 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. 1 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 Boulevazd, Toronto, Ontario M4H IAB, 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. 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. SPECIAL PROVISIONS -GENERAL ' CONTRACT NO. CL2008-26 g, 17. WORKPLACE uazallnOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Section GC4.03.06 is deleted and replaced with the following: i Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labeled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 18. SPII.LS REPORTING Spills or dischazges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that aze a result of the Contractor's operations that cause or aze likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. All ill sp s 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 aze 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 regazding such spills or discharges. 19. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, r and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling far sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. ' SPECIAI. PROVISIONS -GENERAL CONTRACT NO. CL2008-26 20. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE •~ The Contractor will be responsible for ensuring that garbage collection, including recyclables, is ',j ~ maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. 21. ENTRY ONTO PRIVATE PROPERTY 9. The Contractor shall not enter private property or property which is to be acquired to construct the works without the prior consent of the Contract Administrator. This requirement will be strictly enforced. 22. 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. 23. GENERAL LIABILITY INSURANCE The Municipality of Clazington, Regional Municipality of Durham, Totten Sims Hubicki Associates (1997) Limited and shall be named as additional insureds. 24. 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 far Tien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2008-26 properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agees 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. 25. VARIATIONS IN TENDER QUANTTTIES 10. 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. CL2008-26 r 11. 26. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated ' in the Contract: Date ....................... To: Mr. A.S. Cannella, C.E.T., Director of Engineering Services Corporation of the Municipality of Clazington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL2008-26 Deaz Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Municipality of Clarington from further obligations. Yours very truly, .................................. Signature Property Owner's Name ............................LoL.....Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released [o the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. It CORPORATION OF THE MUNIICIPALITY OF CLARINGTON CONTRACT NO. CL2008-26 SPECIAL PROVISIONS -TENDER ITEMS P:\Dept 12\12-29720VSPecs\CL2008-26-SP-Tl.doc ~' fr r i r i PAGE ONE SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL200&26 LOW VOLTAGE CABLES, AERIAL ON MESSENGER - TI'EM NO. Al, Bl, AND Cl STEEL MESSENGER CABLE, AERIAL- ITEM NO. A2, BZ, AND C2 All work shall be carried out in accordance with OPSS 604 Amendment to OPSS 604 dated November 2004 604.07.07 Quality control 604.07.07.01 General Sub-section 604.07.07.01 is amended by the addition the following: Pre-installation Testing and Inspection The Contractor shall inspect the cables, splicing and connection components prior to installation to ensure that they meet the requirements of the contract. Proof of Performance Testing and Inspection The Contractor shall ensure that all cables are installed, tested and spliced as indicated in the Contract Documents and that all cables are energized and in working order. GROUND WIRES -ITEM NO. A3, B3, AND C3 GROUND ELECTRODES - TTEM NO. A4, B4, AND C4 All work shall be carried out in accordance with OPSS 609 Amendment to OPSS 609 dated November 2001 609.02 REFERENCES Sub-section 609.02 is amended by the addition of the following: IEEE 837 Standazd for Qualifying Permanent Connections Used in Substation Grounding UL 467 Grounding and Bonding Equipment 609.05.05 Groaad Connectors Sub-section 609.05.05 is amended by the addition of the following: High pressure i>reversible compression connectors shall be: - made of pure wrought copper extrusion - made of the same material as the conductors - according to CSA 22.2 No. 41, UL 467, and IEEE 837. ., .~, ,. SPECIAL PROVLSIONS - TENDER ITEMS CONTRACT NO. CL2008-26 2 - connected according to the manufacturer's recommendations , - connected using a minimum compressive force of 100 KN and a minimum compressive pressure of 70 MPa. High pressure irreversible compression connectors shall have crimp verification for the inspection and verification of CSA and UL compliance markings. 609.07.03.05 Ground Wire Connections The second pazagaph of clause 609.07.03.05 is deleted and replaced with the following: Moulded type ground connectors or high pressure irreversible compression connectors shall be used at pad mounted electrical-electronic equipment, power supply locations, and all locations where the ground connectors are direct buried or inaccessible. 110 609.07 CONSTRUCTION Section 609.07 is amended by the addition of the following: 609.07.10 Quality Control Pre-installation Testing and Inspection The Contractor shall inspect the grounding cables, bonding jumpers, ground electrodes and conncetion components prior to and during installation to ensure that they meet the requirements of the contract. Proof of Performance Testing and Inspection The Contractor shall inspect and test the grounding to ensure that it meets the requirements of the contract. In particulaz, and without limiting the foregoing, the Contractor shall inspect the work to ensure that all electrical connections and splices have been properly installed in accordance with the requirements of the contract. The Contractor shall test all system and components grounding. The Contractor shall test the resistance to ground between the equipment enclosures and the grounding grid. In soils of low conductivity, additional ground rods, ground plates and ground wires shall be added as required. Readings shall not exceed 25 ohms. These measurements shall be undertaken when frost penetration does not exceed 150 mm. Copies of all documentation shall be included in the Service , Manual. SUPPLY CONTROL CABINET ASSEMBLY -ITEMS NO. A5, BS AND CS This Special Provision replaces OPSS 614 dated September 1984 in its entirety. 1 SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2008-26 CONSTRUCTION SPECIFICATION FOR THE INSTALLATION OF POWER SUPPLY EQUIPMENT TABLE OF CONTENTS 614.01 SCOPE 614.02 614.03 614.04 614.05 614.06 614.07 614.08 614.09 614.10 614.01 REFERENCES -Not Used SUBMISSION AND DESIGN REQUIREMENTS MATERIALS EQUIPMENT -Not Used CONSTRUCTION QUALITY ASSURANCE -Not Used MEASUREMENT FOR PAYMENT BASIS OF PAYMENT SCOPE This specification covers the requirements for the installation of Distribution Assembly, and Supply Control Cabinet Assembly. The requirements ofOPSS 601 shall apply to this work. 614.02 REFERENCES This specification refers to the following standards, specifications or publications: Ontario Provincial Standard Specifcations, Construction: OPSS 601 Electrical Work -General OPSS 603 Underground Ducts OPSS 604 Cable Installation OPSS 609 Grounding Ontario Provincial Standard Specifications, Material: OPSS 2414 Distribution Assembly -Single Phase and Three Phase OPSS 2480 Supply Control Cabinet Assembly OPSS 2485 Photoelectric Controllers 3. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2008-26 Others: CSA Standard C 22.2 No. 211.2 - 1984, -Rigid PVC (Unplasticized) Conduit 614.04 AND DESIGN REQUIItEMENTS The following information shall be submitted to the Contract Administrator: a. actual breakdown cost of Utility Work, such as `hook up', `transformation', etc. b. Utility company contact person's name, address and telephone number. Note: Connection fees at all sites will not be the responsibility of the Contractor. 614.05 MATERIALS 614.05.02 Supply Control Cabinet Assembly Supply control cabinet assemblies shall be according to OPSS 2480, February 1996, its amendment and the specific requirements as described below: 4. Supply '`A", "B", and '`C" shall each consist of 2 load centres by Square D, Model Q02L70RB or an approved equal complete with top and bottom entry hubs and mounted directly above and below one another. One toad centre will be used to house the main breaker and one load centre will be used to house the lighting circuits. For each of the supply control cabinet assembly locations the Contractor shall supply circuit breakers as follows: 1 60 amp 2 Pole -common trip circuit breaker. This shall be used as the main circuit breaker. 2 30 amp single pole breakers for the illumination circuits The Contractor shall ensure that the Supply Control Cabinet Assemblies are "Service Entrance Ready" prior to installation. 614.05.03 Photoelectric Controllers Photoelectric controllers shall meet the requirements of OPSS 2485. 614.05.04 Cables and Cable Connectors Cables and cable connectors shall meet the requirements of section 604.05 of OPSS 604. 614.05.05 Grounding Materials Grounding materials shall meet the requirements of section 609.05 of OPSS 609. t SPECIAL PROVLSIONS - TENDER ITEMS CONTRACT NO. CI.2008-26 614.05.06 Condnit and Fittings Rigid PVC conduit and fittings for the installation ofpole-mounted equipment shall meet the requirements of CSA Standard C 22.2 No. 211.2. 614.07 CONSTRUCTION 614.07.01 Distribution Assembly Equipment enclosures shal- be installed squarely and symmetrically on the concrete pad. 5. A neoprene gasket shall be attached squarely and symmetrically on the bottom channel of the enclosure prior to installation, with holes for mounting bobs drilled where necessary. Anchor bolts shall be secured in place in the locations shown in the manufacturer's instmctions or where bolt holes have been provided. 614.07.02 Supply Control Cabinet Assembly Supply control cabinet assemblies shall be mounted securely on poles using stainless steel strapping. Rigid PVC conduit and fittings shall be installed on wood poles using PVC coated pipe straps with galvanized lag screws at 1.5 m maximum centres. Installation on metal or concrete poles shall be done using stainless steel strapping at 1.5 m maximum centres. The conduit system shall be installed in straight lengths to follow the taper of the pole. Offset bends shall be used where required to avoid pole attachments and shall be kept free of kinks or scotch marks. Section 614.07.02 is amended by the addition of the following: The Contractor shall leave sufficient wire coiled, ducts, etc. for the Supply Authority to make final connections to secondary feed. The Contractor shall contact the Supply Authority two weeks before the power to the service is required and request a "Service Layout". The Contractor will meet the Supply Authority representative on site and coordinate the requirements to complete the services. Hydro One Networks Inc. shall be contacted for coordination of the secondary connections at the following contract locations: Part A: The intersection of Taunton Road (Reg. Rd. 4) and Regional Road 42. Part B: The intersection of Concession Road 7 and Regional Road 57. Hydro One Representative: 1-(800) 337-8422 Ext .3317 (Rob McClashan) Veridian Connections shall be contacted for coordination of the secondary connections at the following contract location: Part C: Lake Road, from Liberty Street to Port Darlington Road, Bowmanvffie SPECIAL PROVISIONS -TENDER ITEMS CONTRACT' NO. CL2008-26 6. Veridian Representative: l-(888) 445-2881 Iixt.32S2 , (Peter PetriwJ It will also be the Contractor's responsibility to obtain an "Inspection Clearance" from the Electrical Safety Association Inspection Department. The "Inspection Clearance" must be obtained at least 48 hours in advance of the power turn on to ensure that the appropriate Supply Authority will receive it prior to turn on. ' 614.07.03 Cable and Fuse Cables, terminations and connections shall be installed in accordance with the requirements of OPSS 604. Service cables, from the point of service connection to the main disconnecting means shall meet the requirements of the Code. High voltage fuses shall be approved by the Supply Authority prior to installation. 614.07.04 Grounding All pad mounted equipment shall be grounded by means of ground wire jumpers connected between the equipment ground bus and the exterior ground grind. Lighting arrestors shall have the ground cable , connected securely to the equipment ground bus. The neutral bus of the main disconnecting means or the secondary neutral terminal of the transformer shall be grounded. In supply control cabinet assemblies, the system ground wire and the service ground wire shall be connected ' to the neutral bus. All grounding work shall be carried out in accordance with the requirements of OPSS 609. 614.07.05 Photoelectric Controllers h P otoelectric controllers shall be installed on poles with twist lock mounting adapters and brackets. Brackets shall be mounted on metal or concrete poles with stainless steel strapping or on wood poles with galvanized lag screws. The photo-conductive cell window shall be set to face in a northerly direction but away from any nearby light sources. 614.07.06 Quality Control Pre-installation Testing and Inspection The Contractor shall inspect the power supply equipment to ensure that it meets the requiremerrts of the contract. In particular, and without limiting the foregoing, the Contractor shall perform a visual inspection of all the power supply equipment prior to its delivery. The Contractor shall inspect the following components to ensure that they meet the requirements of the contract: , ~~ r r r w ~ ....~ ._ Y _~. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2008-26 General Appearance Insulation Transformers Wires and Connectors Labelling Switches Breakers Grounding Connections Grounding and Bonding Materials Enclosures Materials Cabinet Materials Doors and Latching Mechanisms Conduits and Tubings Any other components Proof of Performance Testing and Inspection Panelboards Contactors Thermostats Exhaust Fans Barriers/Raceways Photoelectric Controllers The Contractor shall perform visual inspection on the installed power supply equipment, inspecting all components, as listed under Pre-installation Testing and Inspection. in addition, the Contractor shall perform Low Voltage System tests on wiring of the equipment in conformance to OPSS 604. The Contractor shall perform all tests on grounding of equipment in conformance to OPSS 609. 614.09.01 Actual Measuremeut 614.09 MEASUREMENT FOR PAYMENT Distribution Assemblies Supply Control Cabiuet Assemblies The unit of measurement is each. l_~ r ~~ 614.09.02 Plao Qnantity Measurement 7. Measurement is by Plan Quantity as may be revised by Adjusted Plan Quantity. The unit of measurement is each. 614.10 BASIS OF PAYMENT 614.10.01 Snpply Control Cabinet Assemblies Payment at the contract price for the above tender item(s) shall be full compensation for all labour, equipment and materials required to do the work. AMENDMENT TO OPSS 2414. FEBRUARY 1996 2414.04 SUBMISSION AND DESIGN REQUIItEMENTS Section 2414.04 of OPSS 2414 is amended by the addition of the following subsection: I 2414.04.02 Sbop Drawings The shop drawings shall contain, at a minimum, the following information: SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-26 8. (a) plans, elevations, sections and details to show enclosure, structural details, equipment layout and mounting arrangement, anchor bolt locations and overall weight; (b) detailed bill of materials; (c) wiring diagrams; (d) details of equipment nameplates and notices. The Contractor shall submit shop drawings to the Contract Administrator. 2414.05 MATERIALS 2414.05.03 Thermoset Insulated Wires and Cables Subsection 2414.05.03 of OPSS 2414 is deleted and replaced with the following: All interconnecting wires and cables shall be copper of insulation type RWU90 and shall conform to CSA C22.2#38. Sections 2414.08 and 2414.09 of OPSS 2414 aze deleted in their entirety. Table 2, Total Systems Ratings of OPSS 2414 is amended by changing the "Service Cable Size" for 150 KVA Distribution Assembly Rating, from "#2/0 AWG" to "#310 AWG". -----------------00000-----------°-------- AMENDMENT TO OPSS 2480, FEBRUARY 1996 Section 2480.04 of OPSS 2480 is deleted and replace with the following: 2480.04 SUBMISSION AND DESIGN REQUIItEMENTS 2480.04.01 Design The supply control cabinet assembly shall conform to the details shown in the Contract Documents. The complete assembly shall be "Service Entrance Ready". The complete assembly shall pass Electrical Safety Authority (ESA) equipment inspection, and shall be issued with an ESA label of approval. These approvals shall be obtained before the unit is shipped. 2480.04.02 Shop Drawings The shop drawings shall contain, at a minimum, the following information: (a) detailed dimensioned layout shop drawings including sections and details to show enclosure, equipment layout and mounting arrangement and enact weight; (b) detailed bill of materials; (c) wving diagrams; (d) details of equipment nameplates. The Contractor shall submit shop drawings to the Contract Administrator. r 1 u r rou ._ . -.. + r rs «. ,... fm~ ....., ,~ ..rv T y ..._na, v.- . SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL200~8-26 2480.05 2480.OS.01.01 9. MATF.RiAi C Ge~ral Clause 2480.05.01.01, paragraph (d) of OPSS 2480 is amended by the addition of the following: The barrier for the service cables must completely separate the cables from the branch circuit section; the barrier for the photoelectric controller cables must completely separate the cables from the service section. 2480.05.08. Paoelboard Subsection 2480.05.08 of OPSS 2480 is amended in that the reference to CSA C22.2 No. 12 is changed to CSA 22.2 No. 0.12. 2480.07.02 A'I~rking Subsection 2480.07.02 of OPSS 2480 is deleted and replaced by the following: '~ Each supply control cabinet shall have identification marking showing the assembler's name or trade mark, enclosure manufacturer's name or trade mark, the number OPSS 2480/SP614F01 and the date of manufacture. The marking shall be on acorrosion-resistant metal plate permanently attached with adhesive to the inside of the door, and be located in a highly visible location. The manufacturer must put the label "SERVICE ENTRANCE READY" on the dead front panel." Sections 2480.08 and 2480.09 of OPSS 2480 are deleted in their entirety. WOOD POLES, DIRECT BURIED IN EARTH ITEM NO. A6, B6, AND C6 GUY ANCHORS -ITEM NO. A7, B7 AND C7 615.05.03 Poles Subsection 615.05.03 of OPSS 615 is amended by the following addition: Wood Poles Part A -The intersection of Taunton Road (Reg. Rd. 4) and Regional Road 42: Wood poles shall be 12.Sm direct buried poles. Part B -The intersection of Concession Road 7 and Regional Road 57: Wood poles shall be 12.Sm direct buried poles. Y' Y Y=. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2008-26 10. Part C -Lake Road, from Ia'berty Sheet to Port Darlington Road, l3owmanville: Wood poles shall be 14.Om direct buried poles. Amendment to OPSS 615 dated September 1993 615.05.05 Pole Hardware and Accessories r Subsection 615.05.05 of OPSS 615 is amended by the addition of the following: The hardware and accessories for wood pole anchors installed in rock shall be manufactured by the following: ManufaMurer Product Identity Model Assembly # Product Notes Locweld Inc Anchor for Pole Butt P-9UT Assembly 9- Rock Dri1150 mm. Use 50 Iberville Diameter 200 to 305 mm 3 for 3 drilling template for 3- Candiac, QC Anchor Con- Anchor Configuration. JSR 1J5 figuration Tel: 450.659.9661 Fax: 450.444.3111 OR 2159 Vincent Anchor for Pole Butt P-9UT Assembly 9- Rock Drill 50 mm. Use Massey Drive Diameter 280 to 406 mm 4 for 4 drilling template for 4- P.O. Box 1900 Anchor Con- Anchor Configuration Cornwall, Ontario, figuration K6H 6N6 Tel: 613.936.9190 Fax: 613.936.9217 Email: sales @locweld.ca Homepage: www.locweld.ca OR Canadian Source: Anchor for Pole Butt P-9UT Assembly 9- Rock Dri1150 mm. Use Poltec Industries Diameter 355 to 508 mm 5 for 5 drilling template for 5- Ltee Anchor Con- Anchor Configuration 10, 440 Henault, figuration Montreal, QC H1G SR4 Te1:514.326.6030 ax: 514.326.9923 ' r , , SPECIAL PROVLSIONS -TENDER ITEMS CONTRACT NO. CL2008-26 11. 615.07 CONSTRUCTION Section 615.07 of OPSS 615 is amended by the addition of the following subsection: r 615.07.09 Quality Control Pre-installation Testing and Inspection The Contractor shall inspect poles focany obvious flaws, prior to erection. ' Proof of Performance Testing and Inspection The Contractor shall inspect the work to ensure that it complies with the requirements of the contract. in particulaz, and without limiting the foregoing, the Contractor shall inspect the work to ensure that: all poles and appurtenances have been properly installed. ROADWAY LUMINAIRES AND BRACKET ASSEMBLIES - TI'EMS NO. A8, BS, CS ' OPSS 601 and 617 shall apply except as amended or extended herein. 617.05 MATERIALS 617.05.01 Lu®inaires Subsection 617.05.01 of OPSS 617 is amended by the addition of the following: Luminaires shall be according to OPSS 2432 and the information as described below: ' The conductors, which connect the luminaire, shall be RWU-90 cross link, #12 AWG. Include a one metre coil for connection to the luminave. Luminaires and bracket arms for the various contract locations shall be as follows: Part A -The intersection of Taunton Road (Reg. Rd. 4) and Regional Road 42: Each luminaire shall be 250 Watt High Pressure Sodium complete with 250 Watt Auto-transformer or isolated secondary transformer type integral ballast for grounded systems, Type tI Distribution-Median Cut-off. For 120 Volt operation per OPSS 2432, Photometric file No. Cooper OVF (flat glass) 766641.ies, Catalogue Number: OVF25SXX2D, or approved equal The luminaire shall be complete with 250 Watt high pressure sodium lamp ANSI designation SSOVA-250. Each luminaire shall be equipped with individual photoelectric controller and receptacle. Each luminaire shall be equipped with a 2.4m aluminum single tapered elliptical bracket arm. Part B -The intersection of Concession Road 7 and Regional Road 57: Each luminaire shall be 250 Watt High Pressure Sodium complete with 250 Watt Auto-transformer or isolated secondary transforrrter type integral ballast for grounded systems, Type II Distribution-Median -'-'m :r v.u 9+di f .. -...iy.. S. SPECIAI. PROVISIONS -TENDER ITEMS CONTRACT NO. CLZ008-26 12. , Cut-off. For 120 Volt operation per OPSS 2432, Photometric file No. Cooper OVF (flat glass) , 766641.ies, Catalogue Number: OVF25SXX2D, or approved equal. The luminaire shall be complete with 250 Watt high pressure sodium lamp ANSI designation SSOVA-250. Each luminaire shall be equipped with individual photoelectric controller and receptacle. , Each luminaire shall be equipped with a 2.4m aluminum single tapered elliptical bracket arm. Part C -Lake Road, from Liberty Street to Port Darlington Road, , Bowmanville: Each luminaire shall be 150 Watt High Pressure Sodium complete with 150 Watt Auto-transformer or isolated secondary transformer type integral ballast for grounded systems, Type II Distribution-Median Cut-off. For 120 Volt operation per OPSS 2432, Photometric file No. Cooper OVH (flat glass) , OVHI5SXX2D.ies, Catalogue Number: OVHI5SXX2D, or approved equal. The luminaire shall be complete with 150 Watt high pressure sodium lamp ANSI designation S56SC--150. Each luminaire shall be equipped with individual photoelectric controller and receptacle. Each luminaire shall be equipped with a 2.4m aluminum single tapered elliptical bracket arm. Payment at the contract price shall be full compensation for all labour, equipment and material to do the , work. Section 617.05 of OPSS 617 is amended by the addition of the following subsections: , 617.05.11 Disclaimer The Contractor must make such independent investigations and inquiries of the luminaire suppliers, as it ' deems necessary, to satisfy itself as to the quality, quantity and timeliness of delivery of luminaires required by the Contract, and to ensure that all material supplied by the Contractor satisfies the specific requirements of this Contract. , If the luminaire supplier(s) is unable to deliver the luminaires requved by the Contract in a timely manner, the Contractor shall only seek its damages from the supplier(s). 617.05.12 Marking luminaire indicatin the i i f th h d t th t id d d l r g n er or o e e o e be prov e an attac A permanent label shal manufacturer's name or trademark, catalogue number, date of manufacture, photometric curve number and the ANSI/IES photometric classification and distribution type, the suitable supply voltage and ' frequency, the lamp type, the lamp wattage and the nominal operating voltage of the lamp so that it is clearly visible during maintenance operations. A Zabel including a wiring diagram shall be attached to each ballast showing the ballast schematic wiring ' diagram and shall be visible during maintenance operations. For asymmetrical luminaires with adjustable optical systems, an externally embossed identification mark ' shall be located in line with the horizontal axis of the lamp. ~~ ,: 'ar~'-s,«,,Q;.-~wst~ m~."°~`-yh°'~?•?3p'.ty'°~''?e"~'.~"~`~'E"' '3x ~r.T 5LwA'~ M•,'"~` ~ ,~.. +~9P''~m~"xfR ~w"~~g. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2008-26 13. REMOVAL OF ELECTRICAL EQUIPMENT - ITEM NO. C9 Amendment to OPSS 610 dated November 2006 610.07.09.03 Shipping of Salvaged Electrical Egnipment and Materials The second paragraph of clause 610.07.09.03 of OPSS 610 is deleted and replaced with the following: The following equipment shall be removed, salvaged and delivered to the Municipality of Clarington Hampton Operations Yard, 2320 Taunton Road, contact Susan D. Arends -tel. no. (905) 263-2291.344). ' (2) Wood Poles, Luminaires and Brackets from Lake Road site Section 610.07 of OPSS 610 is amended by the addition of the following subsection: 610.07.12 Quality Control ' Pre-installation Testing and Inspection The Contractor shall inspect the components to be removed. If the components are to be salvaged for reuse within the contract or for storage at the Owner's premises, the Contractor shall make a list of any imperfections of those components and shall submit the list to the Contract Administrator. Proof of Performance Testing and Insp~tion The Contractor shalt inspect the work to ensure that all electrical removals have been carried out and that ' all components requiring disposal at approved sites have been done such that no such materials remain on the Owner's lands. The removals shall be done in accordance with the requirements of the contract, and all applicable laws. ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-26 DESIGN GUIDELINES SECTION 900 INSPECTION/CONSTRUCTION ,~ ' ~~:•-.«.~. rrv uwrct,~w~r ni,~[~~fIA4SANpCONSTRUCT7O11~36 i~ ' ><.o cam, . 1.01 Thtxe gaidt~ins are b be treed io conjunction .rim the conditions set oW is me S l d i ' tt - tv ssoo APB. n P SdredWe T-fluties of Owna's Fagitea end Schodttk "L•-Re~ulatiotts for Construction. ' 1.02 The Owner's Cotrsidtatg shall provide fW4time inspection and supervision of all Works. ' 1.03 The Cottsultiog Engineer stall take ezteusive prooorrstngion photos oC sturoomding lands, and shall provide datod/descn'badcopies of sudt phobgraplrs to the Mtmicipality. ' 1.04 Construction sites are b be maintained b prcveut ranecessuy pending of water. i.05 Prior to rcgrrestiog the inspections (a re-inspection) hem the Munr~ality, the Consuhirtg Engineer shall verif the y proper compktiorr of the Works, and suMnit a written request. ' 1.06 Ail cquipmrnt, materials and methods involved m bench back611, 61Gmg, graadars, concrete and asphah shall be monitored and Certified as acceptable by Ure owner's Geotedmical Engjneer (see attached form). lhrless noted othuwise, the term "oornpacted" shall mean 95% Standard Proctor or hi h ti e g a.(rra v materials) and 98% Strmdud Proctor or higher (i~ulaz materials). Such cerfi6ation shall be in a forrrr acceptable b Hre Director and shall include all supporting doctrmenWtion and test resuhs. Mix designs for carcrele ' and asphalt dull be obtained and approved by the Geotectrrrical Emginea. The Geotocirnical Engirraer shall ensure that the type, froyueacy. location and results of all tests ' is sufficient b ertstrre certification. Fratharrtore, the Geoteclurical Engineer shall ea~ue all results for a given singe oCconstruction ar bl e accepta e prior b commencing the rrexl sUge of construction. ' 2.0 STORM SEWERS 2.01 All materials shall be visually inspected by the Consulting Engineer upon delivery, to ensure conformity with specifications and the approved engineering drawings, and to ensure any damaged/subslandard material is marked and removed from the site ' immediately. ' 2.02 [nstallation of storm sewers shall be continually monitored for adherence to proper bedding, pipe laying, backfilling and compaction procedures. All storm sewers, catchbasins and manholes shall be constructed true to Tine and grade. Street catchbasins are to be installed in precise alignment with curb lines, and rro tolerances will be permitted- Rear yard catchbasins shall be accurately surveyed and verified by the Consulting Engineer (or cored location prior b fhe issuance of a Certificate of ' Completion. The precast tops of manholes and catchbasiru shall be checked for excess brickwork prior to roadbuikling. r~ INSPECTION,IKATERIALSAIYD COIVSTRI/CT1011~ 37 0 2.03 Trench width shad be kept at a mechanical ooutpadion. Ad trracLing must adhere b t~f'slry of L~a1-ar rngn k 2.04 Mtuthoks aro b be baedc6ged with oompactled ~. outside fittx of the shuexta+e. (Gte~tby~ ®io. °~°~ mia 10 m from the 30Qmm from We face e-f the tttudtBe). 2.05 House cooaectiems shall extemd 1.5 m into the lots and be plugged with approved removable plugs goddiog tdud be as per approved Badwa ~awirtg. Teas shall kpre- rrtanufaclurod ~ PiPa 450iom ~ and muds, cored on site tf 525mm d'amtxer or larger, and shad 6e setaue and watertight. Tile overt of all tees shall he located above ~ springline of be sewer maim and shad be a miomrunt of 600rnrn from We aexrest adjacent tee or jaial, trdess approved otltp~wisa 2.06 Concrete pryres into/out of manholes shall be concrete eaadlod precisely to me first joint. 2.07 All storm sewers, including street and rear yard extchbaso leads (and individual service laterals where directed), shall be mspeded asiog approved high; quality video recording ~P~t and procedures. The inspection shall be carried out o a roamer k to the Municipality and all video tapes shad Ire svbmiued b the Municipality for and Permanent storage. video re-irupcefions may also be regaested. 2.08 Infiltration shall not be permiaed into the storm sewer system. All leaks shall be investigated b ddemriree thdr source and skull be corrected to the satisfaction of the Municipality. 2.09 Pipes which have failed in any rtrarrrrex, including g (03mm design loadirg cracks excepted), ezposed reinforcing ~ otlter defects, shad he removed and replaced b the satisfaction of the Director. No repairs shall he rrrrdeRaken without the consent and the direct supervision of the Memicipality_ 3.0 BACKFIIA,I]VG GRADING AND GRANULAR ROAD BASE 3.01 Backfill containing organic a frozen material, or excessively moist material which cannot support conventional compaction equipment, shall be deemed unsuitable and shall not be used. the wrist lift of native backfiil shall nW exceed I.0 m in depth above the compacted sand cover over the storm sewer and each additional lift shall be placed o layers not exceeding 300mm loose measurement (unless pre-auUrorized by the Geotexhnical Engineer)_ Each lift shall be compacted eaetil it has achieved the spexified density before any additional lifts are placed- 1 3.02 Backfilling operations shall follow pipe installation az cbsely az possible and be fimiled , to 75 metres of open trench maximum. ' INSPECTION, MATERlALSA1VD C01ySTRUCTl011f' ~d 3.03 T~ ~bhtaa shall dotattntat all 1 soquearoial otda, ~• °a~ 6ihnrs and tekslt, in kept at the site ttat7et, >~ubt~tout ~ ~ A Dopy of all test re>.dls slutl be ' sad profile dtawioss. ~5' PAS of ap lest tesaks a the plan 3.04 The ConsuNiog shall costae that We width, and that the ~~ ~ ~ t'~ed to the eared ' minimum 3Y. crossfall is ewgy maintained, wilt no longittdiaal tub permitted. The Geotedtoical ~ employ appropriate ~8 ' measures to assess the suitability of ~e subgrade, ioc~ proof-rolling, sad shall make aPPe ~mmcadatioos to the ConaMtiog and Municipalty. Whenever Posst~blq balizod soft aru in the subErade stall 6e roplaced with suit~k trove ' material, Dot grarttrlar rnataial. When additional gtaaulas atnst be used, Uky should be considered an a atrat by strew basis. Subdtairrs must Wen be bwaed aciwrdiobly sad 10:1 frost tapers nnrst 6e provided, ' 3.05 Srdrdraias shall be installed ply after the structwt haz bow fimliud. S subgrade ~ be0° Ptoof-rolled sad the toad ubdraias shall be installed true to Tine and grade, is a _,' trench condition, and shall be backfiltod with appoved granular aataial having aggregates Dot exceeding l9tmr. All subdrains shah 6e applied with a fiher sods. 3.06 The Geotechnicat Fngirroer stall confimr m a loon !' ~ acceptable to the Municipality) the acceptability of each stage of roadbuildrng Poor to subsequent stages coaraerrcing. Martineat stages of road construction shall not proceed without approval from s ~~ '~ 3.07 ARer base curbs art installed, all Granular B must be r staff trot to I artd verified by Municipal P P ~g Granular A. (Any Granular A placed prior to base curbs shall be a'~ consideeod Granular B)_ 3.08 Granular material shall be tested in accordance wilt the latest O.P.S.S. sprxifications. ~' Material shall be tested at the pit and also az it arrives on site. Material tat conforming to the specifications shall be rejected and removed from site. 4.0 CONCRETE WORKS 4.O1 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be monitored and all applicable tests (compressive strength, slump, air entrainmertt, etc ) shalt be carried out by the Geotechnical Engineer az specified in accordance wi0t the applicable OPSS and ASTM specifications. Any material not meeting specifications shall be rejected immediately. '® 4.02 All concrete to be placed as per the Municipality's Standard Drawings. Contraction joints shall be in accordance with the Municipality's standard drawings and shall be completed as earl y as practical and before any initial cracking occurs. Large cracks or several INSPECTION, MATER(,ILSAIyp CONSTRUCTI011~39 f smalls txatdra bettveea twadatdioa joints in orbs wir regaire iranoval and replact~ent of that section of taub. Sidewa9rs with dirrinct txaclts wip also reyttire teplat 4.03 Cttting coapotud shall be gettetolisly applied b all talposed ooncitte surfaces, regardless of ambient temperatunx or saisott, 6etwan 1 and 2 6otr: of finishing. 4.04 All twbs b be phced trsmg approved curb machma. ~~ canaete [orroed ~g crab machine placpneat shall be promptly triouned and removed prior b setting. The miaimtmt latgtti of cmb b be rattoved and rephtoed shall fie LS m. No concrek patch repairs shall be permitted. 4.05 Prior b phroement of top cwb, base tarrb shall be cleaned and then it~speaxed by Municipal staff Base wrband atirrrrps sllt>>I be repaeedand/or replaced as directed. 4.06 The depth of top urrb at the edge of pavemart shall sot fie less than 100mm and shall be continually verified by the Consulting Engineer. 4.07 Immediately P~* b ~ Phraroeat of top sub or sidewaUc, the existing surface stud) be dampened with water b prevent leaching of moisstae from ffie flesh concrete. 4.08 Driveways b be as per approved house siting plans, with minimum widths of 4.6m for single detached homes. 5.0 ASPHA[,T PAVF,11fEN'f 5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in accordance with OPSS 310, 1003 and II50 (latest revisions Urereot). MarshalUexltactiodderrsity tests shall be carried out by the Geotedioical Engineer in accordance with OPSS and relating to the approved mix design. Note: Proviadal and Murricrpal Projects dill'er with respect to contrail administration, paving Prof sue, Quality ControUQualrty Assurance Procedures and testing fioquencies. As such, several OPSS specifications aze not approprrate for Municipal use and shall not apply, as determined in Itre sole discretion of the Director- Since current testing methods do not enable-ongoing monitoring (and therefore corrective action) of the asphalt, the onus shall be on the asphah suppliers and contractors b ensure, through their own Quality Control methods, that then product meets the basic standards with no exceptions for 'borderline' test results permitted- Any reference to `bardertine' of to taking `immediate corrective action' based on notification of laboratory tell results shall be deleted and the product deemed unacceptable. [e. OPSS D310.08-04.02 which permits air voids beyond acceptable limits, provided the contractor takes `immediate corrective action' shall rrot apply. Unacceptable work shall be immediately removed. Finazrcial compensation using MTO formulas (lo offset service life reduction m borderline work) may be considered, at the sole discretion of the Director, provided such amount is calculated by the Consulting Engineer, and all parties are in agreement. INSPECTION, ALlTEB-~yS',l1yp CONSTRUCTION-IO 5.02 Prior to placing s~faa asphaN, base shall ~ swt~t clean of all dirt, debris and dust Areas of bme asphalt shall be restored and replaced as ~~, using a watical sawcnt at all pvinetgs. The ttse of a Gen-Cxid or approved equivakatt may also 6e ' ~ 1~itipalitY. how mess shall be padded to ettatre a stafia mat of ' 5.03 Each rtunhole is b be precisely raisod to foul grade, and verified by the Devebrpa's Consulting E and Mtmicgnl stag; 5.04 Tack coat shall fie appliod just prior to surface pavmg operations and shall be allowed to dry tuttil it is in a proprx corrdition of taddness. The length of roadway prepared shall be ' limited io the mate paving section, to reduce Itaciamg. It shall be evedy appliod at the raft of 0.4 GhasJsq. m taking came not to spray Dubs, sidcwalks a my other adjacent surfaces. ' 5.05 Driveway paving shall be fully inspected and verified for depths of stone and asphalt, and the compaGron Wereo~ and eosruing that asptrah is at a suffici t t ' en placement. IlI.3A (lII,3F) will not be for Pied' except in spacial cases with 16e approval of the Dimctor Crow i . n ng Materials t °r rO~ng of Ure limatilone will not be permitted. esting maybe required for drivewa el d n grav an y ~ asphalt, as directed. ' 6.0 TOPSOIL, Spl)DpHG AND SEEDWG 6.01 All areas requiring sod shall first be fine graded, itupocled by the Consulting Eogiocer, then prepared wig 100mm of good qualit to s il T y p o . opsoil and sodding-shall meet the requirements oCOPSS 570 and 571, in additiar to mating any additional requirandrts ' set out in these spaitications_ Boulevards shall have 2'/. positive drainage toward the curb arrd shall be SOY sodd~ ex t i cep n areas covered by driveway aprons or sidewalk. 6.02 All topsoil shall be lice from native till or clay, roots, vegetation, wads or debris, stones and clods over SOimn in di ameter. Imported topsoil, if roquired, shall be fertile, kramy, screened material of a quality acceptable to the Director (containin roximatel a 4% ' g pp y organic matter Cor clay hams and 2% minimum organic marier for sandy barns with acidity range of 6.0 PN). Topsoil infested by the seeds of i ' nox ous weeds will not be acceptable. 6.03 All sod shall meet the requirements of Ontario Sod Growers Association No. 1 Bluegrass ' Fescue Nursery sod. The sod shall be taken from good bamy soil and shall be hcalth y, well permeated with roots, have uniform texture and appearance and be free from weeds - Sod must be laid within Thirty-six (36) hours of being cut. Care must be taken during its ' transportation and placement to prevent any drying out Sod shall match push with all adjacent surfaces d h ll an s a have no open gaps, overlapping edges or unevar joints. Where adjacent or fronting lands have alread bee dd d i y n so e , care must betaken to ensure INSPECTION, M.! TERLlLT ANp CONSTRUCTION-II ' i.. ~8e ~ Tamed haaition is adreved. On slopes 3:1 and stoePer, sod ahaA 6e :fated as 6.04 Laid sad shall 6e immediately rolled b produce au eves sur6x and watering shau , maafta and anll con6mae on a ~* basis until healthy roofs rerrroved ad r' ~ If sod fans to eslabGsfi ~e~Y, ~ shat be , atipt s6a116e mde b fry to re-esta64ah wpm sod ~~ ~ unless apeca5c P~oa is gaited by IYe Daecloc 'ILe Professional is done m a tlroroughly a mama with m erect mrtacq and , ~ ~ d0e~ utr6t by ~ Director shall be ' y removed !roar ate ad mrmediatel to commuaic:ate with mod. in Wis rrgard, it is er the bell interest of tl~e oootragor ~idaus roP>ading the needs o[uewly laid sod ova the 6not year. ' 6.OS P~ dedthatn booof«ms ~~ty, hydraulic soedrog and mulching my be pa[q~ Ontario Provincial standard specification No. sit. ' 1 0 C~ 1 1 1 1 L i 1 1 1 1 1 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-26 STANDARD DRAWINGS PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2008-26 STANDARD NO. OPSD: DESCRIPTION 2000.010 Electrical Abbreviations and Symbols 2001.010 Electrical Legend I 2001.020 Electrical Legend II 2001.030 Electrical Legend III 2001.040 Electrical Legend N 2001.080 Electrical Legend VIII 2001.090 Electrical Legend IX 2101.01 Duct Installation in Trenches 2103.02 Duct Installation Profiles 2103.05 Duct Installation at Utility Crossings 2210.020 Installation of Direct Buried Poles in Slope 2220.01 Pole Handhole Locations 2225.010 Concrete Lighting Pole Direct Buried 2235.01 Pole Guying Details 2238.01 Wood Pole in Earth 2240.01 Wood Pole with Elliptical Brackets 2242.02 Wood Poles with Aerial Cables Lashed on Messenger 2245.01 Installation of Aerial Cable Systems 2245.020 Minimum Vertical Clearances for Aerial Cable Systems 2250.01 Aluminum Tapered Elliptical Brackets on Metal and Concrete Poles 2255.010 Pole Wiring Diagram 120V System 2420.01 1.8m or 2.4m Aluminum Tapered Elliptical Bracket 2421.010 Lamp Wattage Label for Luminaire ~1 ABBREVIATIONS AFG Above Finish Grade HH AC Alternating Current HV AWG American Wire Gauge HEC AMB Amber IGRD BFG Below Finish Grade IMPD BGRD Bare Ground IND BLK Black ITS BLU Blue JB CCT Circuit CE CODE Canadian Electrical Code LCS CMS Changeable Message Sign LV CCTV Closed Circuit Television COMM Communication MH C/W Complete With COND Conductor NEUT CONT Control NIC CDT Conduit CSA Canadian Standards Association OESC CTMS Corridor Traffic Management System PCS DB Direct Buried PUC DC Direct Current PXO EC Electrical Chamber RF EMI Electromagnetic Interference RFl EOPT Equipment RMS ELV Extra Low Voltage TS FO Fibre Optic FTMS Freeway Traffic Management XFMR System GRN Green UPC GRD Ground VDS Electrical Handhole High Voltage Hydro Electric Commission Insulated Ground (green) Impedance Inductance Intelligent Transportation Systems Junction Box Lane Control Sign Low Voltage Electrical Maintenance Hole Neutral Not Included In Contract Ontario Electrical Safety Code Permanent Counting Station Public Utilities Commission Pedestrian Crossover Radio Frequency Radio Frequency Interference Ramp Metering Station Traffic Signal Transformer Underpavement Crossing Vehicle Detector Station WHT YEL i~ White Yellow SYMBOLS AI Aluminum ft Ohm A Ampere PVC Polyvinyl Chloride u ader V Volt F Far VA Volt Ampere z W Watt Hz Hert Wh Watt Hour 1996 09 151Rev ELECTRICAL ---------- A86REVIATIONS AND SYMBOLS Date _ _ _ _ _ _ OPSD - 2C DUCTS AND CABLES Ducts and/or Cables, Underground ~~w Ducts and/or Cables, Surface Mounted Exp uanunnon}}u~ Ducts and/or Cables Embedded. "Exp" Indicates TT Expansion Joint iiiiiiiiiiii Cables, Installed in Existing Ducts Cables, Aerial Cables, in Pavement Slot 0 0 o Ducts and/or Cables, Future by Others 23 Underpavement Crossing Identification Code, Note 1 3 Reference Point with Identification Code, Note 1 ~~ Duct Stub with Plug, Note 1 -~-~- Existing Cables and/or Ducts to Remain in Place -~-LCU~~LCU~ Existing Cables and/or Ducts to be Removed ~LCA-~fLLCA7fL Existing Cables and/or Ducts to be Abandoned Identification Codes For Existing Duct or Cable Usage: IDENTIFICATION CODES, Note 2 BCU Bell Cable, Underground CCA Communications Cable, Aerial DC Extra Low Voltage Detector Cable GC Guy Cable HC Hydro Cable LC Lighting Cable PC Power Cable TS Traffic Signal Cable TV Television Cable NOTES: 1 The duct symbol shown is for illustration only, other duct and/or cable symbols may be used. 2 Add suffix U for Underground or suffix A for Aerial. 1996 09 151Rev ELECTRICAL LEGEND I Date _ _ _ _ _ _ OPSD - 2C r MANHOLES, JUNCTION BOXES ® MH32 Electrical Maintenance hole with Identification Code ^ JB36 Junction Box, Embedded or Surface Mounted with Identification Code QQ HH21 Electrical Handhole, Underground with Identification Code PADS AND FOOTINGS 0 CP33 QQ F43 ~ F44 ^ SF3 POLES • P24 ~ EP32 R33 Concrete Pad with Identification Code Footing in Earth or Rock with Identification Code Footing on Structure with Identification Code Sign Footing with Identification Code Pole with Identification Code Existing Pole to Remain with Identification Code Identification Codes for Existing Pole Usage: A Authority Owned Pole B Bell Pole C Communications Pole GP Guy Pole H Hydro Pole HM High Mast Lighting Pole LS Lighting Pole TS Traffic Signal Pole N Television Pole Existing Pole to be Removed with Identification Code 1996 09 151'Rev ELECTRICAL LEGEND II (Date _ _ _-_ _ - 20~ LUMINAIRES ' O Luminaire a Luminaire with Shield , a Floodlighting Luminaire Mounted Luminaire rf S U d , D u ace erpass or n O Luminaire, Number Shown Indicates Luminaire , Location on High Mast Ring with Respect to Pole Handhole, Note 1 -~ Luminaire with Bracket, Note 1 -~ Existing Luminaire to be Removed, Bracket to Remain, Note 1 --~~ Existing Luminaire and Bracket to be Removed, Note 1 1 N t B k t , --~~F o e rac e , Future Luminaire and L18 Luminaire Identification Code , POWER SUPPLY ' m Power Supply Equipment 8 Transformer O Generator ® Power Supply Equipment, Pad and/or Footing Mounted, Note 2 SUPPLY 'A' Power Supply Equipment Identification Code , Other applicable description may be used for 120 240V, 10 3W transformer, generator, etc.. ' ® Photoelectric Controller NOTES: ' 1 Luminaire symbol shown is for illustration only, other luminaire symbols may be used. 2 Power supply equipment symbol shown is for illustration only, other equpment symbols such as generator, transformer, etc., may be used. ONTARIO PROVINCIAL STANDARD DRAWING 1996 O9 15 Rev ' OP S ELECTRICAL LEGEND III gate - - - _ _ _ ~ OPSD - 2001.030 ' ~1 i GUYING CONTROL EQUIPMENT ~ Single Guy with Single Anchor =3 Double Guy with Single Anchor ~) Double Guy with Double Anchor ~ Single Guy with Sidewalk Strut and Single Anchor ~ Controller Cabinet, Front Door Opens on Side Indicated ~i Controller Cabinet with Adjacent Power Supply Cabinet on Side as Indicated. Front Door Opens on Side Indicated Controller Cabinet with Attached External Communications Interface Box on Side as Indicated. Front Door Opens on Side Indicated Q Controller Cabinet, Pad and/or Footing Mounted, Note t Two Controller Cabinets, Pad and/or Footing Mounted, Side by Side Type, Note 1 ~ ~ Two Controller Cabinets, Pad and/or Footing Mounted, In-Line Type, Note 1 TC2 Identification Code for Traffic Signal Controller Cabinet NOTE: 1 Controller cabinet symbol shown is for illustration only, other controller cabinet symbols may be used. 1996 09 151Rev !~ ELECTRICAL LEGEND IV (Date _ _ _ _ _- _ - 2001 MISCELLANEOUS -® Ground Electrode(s) ~ ~ Cable Protection Bricks, Concrete Cap, or Marker Tope in Trench R12 Identification Code for Removal Equipment WIRING DIAGRAMS Conductors, Single or Multiple, Identified by Note Indicates Cables to be Installed in the Same Duct - - - Indicates Spare Duct for Future Use TS-75mm Wiring Identification Note T T Duct Size, Aerial, or Direct Buried Type of Cable: TS -Traffic Signal HV -High Voltage LV -Low Voltage ELV -Extra Low Voltage CONT -Control BGRD -Bare Ground IGRD -Insulated Ground (Green) CSA designations, may also be used AWG Size of Conductor Number of Conductors in Cable; Not Required for Single Conductor Number of Cables 4 -~ In-Line Cable Splice; Number Denotes Number of Cables ~3 Tap Cable Splice; Number Denotes Number of Cables r ~ oR L J ~ ~ ` J Wiring Enclosure, Manhole, Junction Identification Code Matches Layout Box, etc., Drawings Equipment Item; Identification Code Matches ^ OR O Layout Drawings 1996 09 15 I Rev ELECTRICAL LEGEND VIII Date _ _ _ _ _ _ - OPSD - 2001. WIRING DIAGRAMS ' CONT'D" Single Phase 2 Wire System: BLK 81ack, Line WHT White, Neutral GRN Green, Ground Single Phase 3 Wire System: RED Red, Line 1 BLK Black, Line 2 WHT White, Neutral GRN Green, Ground Three Phase 4 Wire System: RED Red, Line 1, Phase A BLK Black, Line 2, Phase B BLU Blue, Line 3, Phase C WHT White, Neutral GRN Green, Ground A RED 7 Circuit Identification Code: A' denotes Supply Location 'A' 'RED' denotes Red, Line 1 '7' denotes Breaker or Switching Device No. 7 NOTES: A Wiring Diagrams use Electrical and Electronic symbols common to industry practice. Refer to CSA Standard Z99 for symbols not included in this Legend. B Symbols for 'Existing' and 'Future' items are included only for widely used items. In general, existing features are shown in screened or light Imes and/or shown with a letter 'E'; new construction is shown in bold or heavy lines; and future work by others is shown in light dashed lines and/or shown with a letter F'. Prefix ' E' or F' in identification code indicates 'existing' or 'future' respectively C Where Quantity Sheets are not used, location, size, quantity and type of equipment to be installed may be indicated by notation on the Layout drawings. D Symbols crossed out with an 'X' indicates 'for removal'. Symbols crossed out with a double stroke "// indicates "to be abandoned°. 1996 09 151Rev ELECTRICAL LEGEND IX (Date _ _ _ _ _ _ D - 2001. 1 TABLE 1 ^ MINIMUM TRENCH WIDTH FOR ONE LAYER AND ^ TWO LAYER DUCT ARRANGEMENT No OF No OF NUMBER OF 50 mm DUCTS 100 mm DUCTS LAYERS 0 1 2 3 4 5 6 7 8 9 10 1 N/A 150 205 300 460 610 N/A N/A N/A N/A N/A 0 2 N/A N/A N/A N/A 205 300 350 460 460 610 610 1 150 255 460 610 610 N/A N/A N/A N/A N/A N/A 1 2 N/A N/A 205 255 300 460 460 610 610 610 N/A 1 300 460 610 N/A N/A N/A N/A N/A N/A N/A N/A 2 2 150 255 255 460 460 610 610 610 N/A N/A N/A 1 460 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A 3 2 300 300 460 460 610 610 610 N/A N/A N/A N/A 1 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 4 2 300 460 460 610 610 N/A N/A N/A N/A N/A N/A NOTES: 1 Install ground wire in the duct, or trench as indicated in the contract. ' A Install cable brick, or concrete slab, marker tape, concrete duct marker B where indicated in the contract. See OPSD-2100.05. This drawing is used in conjunction with OPSD-2103.02. ' C Contractor has the option of installing one, or two layer duct arrangement. D N/A -Not Applica ble, undesirable, or exceeding equipment limits. E All dimensions are in millimetres or metres unless otherwise shown. Finished grode Rock line 0 to 700mm / •. ~'''. .. ~ ~ • E Backfill ~ ~ °c ' c material . ~ ~ ~ E r SOmm min _ a 'o °c c ~ TYP ~ u E Duct ' v Ground -~ ~°o ~ wire , ~ '~ 1 N t ~~~' ~ v o e Sand bedding ~ ~ ~ Ground 50mm SDmm Note 1 min min IN ROC K Backfill material Finished grade , i / .. ~. .. ~ ~ u o . . , ~ ~ ~ ~ E _.. E . " _ ~ E . ~ Duci E .... . ~ ' . ~ .. , ~ ~ ~ ~ a -~ ~~ ~ ~ ~ ~ ~ Duct a ~~ ~~0 . O .. _ ~ ~ SDmm min ' • O T SD i O YP mm m n ' e ONE LAYER Ground Note t wire TWO LAYER ARRANGEMENT IN EARTH DUCT INSTALLATION IN TRENCHES ARRANGEMENT ' IN EARTH Date 1992 12 15 Rev , Date ______ OPSD - 2101.01 . o I N E E -T-I o i i E E _ m~ ~ m I I O 0 0 ~ co ai a~ ~ I I °oa r~ ~ N I I 0 pN ~o~ ~3 ~ I I r ~~ i o.p+ 3 N O W t N ~ I N 1 .Yz v °-° d o r0 '_ I E u~ ~p w ~'~ O O ~° t` m M to N O I > c° ° K L -° r m C~ N °) I o EE "=' v o a> c°~N c I d EE jz O N a d ~ o~~ai % I c °o a U y «~ L U ~° .°. O ., rv I Q~ ~ C ~° i ~ ~r N E O O c a Oo r E s v.~c~~NQ ~ 5 v ~Z V ON ~ ° y 410 L N N p o ~ UD V QE £In O= N o in U V N N N O V a.'O y 0 E Z 0 o w d m ~ "c mc~ u-_ 3 m v ~ V1 u ~' N rtO, C ~°,, W C W T£ ~ Z a`» ~ w ° Cw = C ° r ~ O n c O - _ Z Eop W m °^ OM >U C~N ~ t~ d N ...0 r0 p~C ° E r i ~ a~`~ p~ O ~N Vl N N u N ~ ~ ~ m °° Q 1"" N V O .O+ r m ~ .^ .pz ~'3 UN VN V O ~p0 N N O Z g vI WrT - ~~rN{,~,~a %~-o E'~ ~ JW' Tr 7a ~a or 7~ n N N ~ = +' 7 'G O V O t p 01 w +~+ ~ Q ~ O rr T N Otis liNli ~Op001i 41 yt.+liQ Z Z ~ N M d' N [O Q ~ x O 0 `Ea`r cxp x`o d EE~o EE.o ~~~ Eoun E Eo?' EEE _Q V E __ oe„'-.-.~ - oE~un ----I Eot r 1 ~' n ~ o n _ O a C_ C ' d N F- o E n o o° ~ ~ O h ° E a_ a ° O ~ p v o E E Z ~ v~ E Z o'n "' u 7 O ° O w a° v O K n o E ~ 'c ~ U' F z of C7 ~ p U a Z H ~ W oc~i ii o ° a o ~ p o c o o ° II o`r0. y N x ~ ~£ E ~ p ~ c ~ EEC ~ .E EEa noun ~ E Qoun £Eto n~ oo n`roo ~~o`o _ _~ I _J I I ---J L__J 450mm min-I rUtility depth Duct or outer edge of conc encasemen TYP -~ / 450mm minim I-Utility depth ~~Dia/3 ~ ~ I X45' _ " th of 1 ~J 150 , ~~, I Loose F^150 duct or 150 f~-' styrofoom fill encase duct Typ. CROSSING OVER UTILITY CROSSING OVER CONCRETE ENCASED UTILITY finished grade Typ 150 --{ r p 150 -{ ~--- ~ ~.o Dia/3 ~ E 150 I ~ oc a E I „ ( j~ " ~}~ ,,T, , , , 45' ~ ~,T " ;, .x. 43 ; ; x L , ; , ____~ _ , - _ 300 - - 300 Slope to avoid low point mm Slope to avoid low point min where elevations permit min where elevotions permit CROSSING UNDER UTILITY CROSSING UNDER CONCRETE ENCASED UTILITY NOTES: A The required clearance 'x' between the utility and the ducts or concrete encasement is: t1TILITY 'x' mm min Ducts, Direct Buried or 100 Encased All other pipes 300 High Voltage cables 300 All other cables 300 B Trench widths shall be kept to the minimum required for working space. Manual excavation and backfill methods shall be used, with the utility supported in place where required, where crossing under a utility is necessary. C All dimensions are in millimetres or metres unless otherwise shown. nNTARlO PROVINCIAL STANDARD DRAWING ~ Date ~ 1992 12 15 ~ Rev ~ ~ DUCT INSTALLATION AT UTILITY CROSSINGS Date ______ OPSD - 2103.0 _._ Offset Note 1 CE Pole Edge of travelled way I I I I I I II' LI Burial depth Note 2 DIRECT BURIED POLE IN CUT Offset Edge of Note 1 trovelled way CE Pole ~~I I I I I I~ I I L Burial depth DIRECT BURIED POLE IN FILL Note 2 NOTES: 1 Offset dimension as specified. 2 Burial depth shall be measured from the lowest grade elevation at pole. 3 This OPSD to be read in conjunction with OPSD 2225.010, 2232.010, and 2238.01. ONTARIO PROVINCIAL STANDARD DRAWING April 2007 Rev 1 sr INSTALLATION OF ~' ---------- ~~,~s~~ DIRECT BURIED POLES IN SLOPES ---------- OPSD 2210.020 O z z ^ ~ ~~z ' ' ~z u ~ d o o v nn ° nn ° o z z o m ¢ o `o ¢ v m m zs o o zs ~ g a o ¢ ¢ p ¢ m o o ~ `o o m ~ ¢ t ` ` ` ` `0 0 ~ °mo °mo C m m ¢ U O 2 ~ N N N N N Y 0 a a a 9 a a O r ~ O > N O O O O y N N } 3 3 X 3 X X ~ V Y N O a C s C } N O O } N O C ~' N ~ a p a O a O o O 0 0 V Y 3 x Y Y Y a N a 3 x 3 3 w o a a o o c a c c 0 c 0 O 0 ~ x x 3 x 3 3 d % O .. .. 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For cable arrangement, riser conduit and junction box requirements, refer to OPSD-2240.01, 2540.01, 2552.01, layout or detail drawings. 2 Lashing wire to be installed in a one wire spiral lay using a mechanical cable lusher. A Pole attachment height shall be at 600mm min from pole top and as high as possible. For minimum attachment heights see 0 OPSD-2245.01 8 Steel messenger cable shall be installed to tension as shown on OPSD-2245.01, size and grade as indicated in the contract. C For non-permanent installations of 70m span or shorter, nylon cable ties at 450mm c/c may be used in lieu of lashing wire for cable support. D All dimensions are in millimetres or metres unless otherwise shown. 3-bolt guy clamp, or preformed guy grip Compression connector Plastic cable spacer, and nylon cable tie Lashing wire clamp Note 1 Jumper 1mm dio stainless steel lashing wire Note 2 3-bolt guy clamp or preformed guy grip Compression connector Lashing wire clamp Steel messenge~ Note 1 Plastic cable spacer, and nylon cable tie i See gu 100 75 75 75 300mm OPSD-', Nylon cable spacer, 16mm dia galy and nylon cable tie steel thimble ey bolt, with 75 x ~6 AWG s stem round bore 75mm square Y 9 washer and nut wire in protective moulding DEAD END ATTACHMENT ~~~.~.+ ~ ,.vvn~~,~nL JIiYIVUAKU Uf(AWING Date 1992 12 15 Rev 1 WOOD POLES WITH Date _ _ _ AERIAL CABLES _ - - - LASHED ON MESSENGER OPSn - ~~e.~ n~ 1 m a ~ '; N i ca ` nu m a~ N N e o I 1 N ° V > I I m C ~ 1 I m I a o~ I I r° of I I i I Q % o u ~ o OZO'S4ZZ ~ 0 N I I (n o ~ -OSdO aaS I I Yo ; m Z I l O z I I ~ v Q O c v °' m m v . \ c ~ Z n -~ I Q S a}ory ~ ww ww00F~{ p W a q a}ory ~ O W Q ~ ~ }ory O i N i d . ulw Z m °m (% 3 wS't O ~~~ J Z $o '6 OZO'S4ZZ Q m o o ~ ~ `o Q O % u o a o £ } N S -OSdO aaS ~ a ° m % ;~ U u c m W "_ m a s a s r Z a° o W a°ito v ° N r V O ° OO a3m o ° crn O m rn~ a u~a r > ~' m ~ d 1 o m ° omo °' ~ • 1 U O O U ~ y ~ ~ U O O L~ ONN 9 y 0 ~ ° m O n~ ~ r N J °OO L r %y O ~ O O U ~~ Q O 2 7 % m .. 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Jw~° N W wa QZ p°o F z UN ¢Q } ~¢ O O N O Em % ` n ¢ ~ ° „ ` U w3 0 0 ? ~w ? w ° Z w~~ °- ~~ as o v ; o ;~~ L" Q W -J ~ KN wW y0! Y¢ KjNI- ¢¢~w ( p ~ n s p~W N¢a W> ~¢ N a=w Q° p0:~ F Z q m m y o> c a ° 3 ~~ w ~3w o x :~oo or zia o ~ z~~ 3 o!j w ~a wave m t ~ oD ~ vNC-- a >x w x >~?F w =~ >www ~UO ~> > > > ow oxo om>~ ¢~a w ¢om 0' o° O o~ ¢~~ (n o rno~ ~ ~ c O o c t- U > > ti Q ~ Z am o° a ~ I S 0 _ u ° 1 x ° a ~ I I 1 N ~ a~ I~ ' ~' - r ~ ~ I I I I N m ~ $ ~ n° o n ~ I I 1 0 . ~ I ~i Io O I m~ N o ~ O I I I I u ` m o° ['___ . l u __T__ .3 "" Y N I I Q oN [L 11 II" I r Y I 1 1 U > O d 0 1-O 'Ij 11 Q •Y Z I I l u ~ I I __ ;~- _ O ~ 1 11 f.. ~ i tl4 ' i ~ 1. W J 1/1 iIi U 11 11 U F- 1 Z ~ tn I N Z Y N 1 _ 3 U Q W i m ~ ~ O i~ a N ~ m d Z ~ ~ a ~ ~ p U W J Z ~"' ~ Q ~ Q a U ~ J ~ E n O E., J W U U ~ 'S Q Z N ~' U 0 ~ H II o Z W Z Z a c~ O W 0 ~ d Q J ~ -vl Q ~ a E -.' O W m ~ ~ ~ s L a~ory c 1= y ~ O o---~ t ~ = E " Z Z Z a T H d ~ I _ J ° O n g O ~ O ~ ` I ' ~ J ~ o I H II ~ v °a n __ W O ~ t Q ~ P p Q ~ ___ PC____ I __ __ ~q (, C Q an nn I 11 11 Q C N oo ~ - 2 Q 1 1 Q. N U O N • tl 1 1 1 _ m N CT r0 _ n 0 - Z I~1 rl E C N un O 11 11 W J :a o ~ nn n„ H 1 1 1 1 m ~+ m y "" W 11 _ t____ _ __ _ __ ~ 1 __ 0 . m O O N . n y 0 N ~ - 1 ~ ~ N d ~ v ~ E ~ t h a r a C 3 0 ~ ~ Ot s . ~ O ~ O ~ v v rn N O S ~_ ~ `o U m 3r Uj o E w~~ E ~ O~~ Z ~ N #12 AWG stranded copper ground wire to luminaires) Note 1 ~i12 AWG low voltage riser wires Note 1 I I I -r, Compression connectors, copper to copper with insulating covers Ground stud j-- Fuse holder kit I with 600V, 10A I KTK fuse I I I j- Pole Handhole } Tap run where required Low voltage cables #6 AWG bare stranded copper - ground wire Cable to cable ground connection Cable to ground electrode connection Ground electrode located as indicated on lighting layout drawings NOTE: 1 Broken lines indicate additional conductors for double luminaire installation. 1996 09 15 IRev POLE WIRING DIAGRAM Date - -_- - - _ - ~2ov sYSr~ OPSD - 2~ 1 L 5' I Ci~r section J 60mm OD H 4.775mm wall thickness Elliptical section Detail A DETAIL A I NOTES: A For mounting details, see OPSD 2250.01. B All dimensions are in millimetres unless otherwise shown. 1.8m AND 2.4m ALUMINUM TAPERED ELLIPTICAL BRACKET BRACKET BASE PLATE April 2007 Rev 4 sTa .~ ---------- s ,~ ---------- ' -A OPSD 2420.01 DIMENSION BRACKET 1.Bm 2.4m L 1.Bm 2.4m H 0.9m 1.2m Ellipticol Section 64x108 mm OD 70x125 mm OD SECTION A-A n I I N N N I * Y I I I N I 32mm dia hole I -"~ 27 ~ I N I I I I ~ 1 ~ N N hole I I N N A ~ ~ A I I I I Ix171 ~ f ~!' ~';' Lamp wattage label Lamp wattage label 25mm min SIDE VIEW Background colour Note 1 ~~ ~1 Black numerals Note 2 ~ ~E E E N n F- 75mm min -I LABEL DIMENSIONS TYPICAL LAMP WATTAGE CODES IDENTIFYING NUMERAL LAMP WATTAGE 7 70 W 10 100 W 15 150 W 25 250 W 35 350 W 40 400 W NOTES: 1 A gold background shall be used for high pressure sodium and fluorescent red background for the metal halide labels. Labels shall be made using high visibility reflective sheeting. 2 All numerals on the labels shall be black and made from 9mm wide line and numerals shall be minimum of 50mm high. A Do not cover manufacturer's label. B Labels shall be the peel and stick type. C All dimensions are in millimetres unless otherwise shown. I ONTARIO PROVINCIAL STANDARD DRAWING I Nov 2005 I Rev 1 0 LAMP WATTAGE LABEL ---------- FOR LUMINAIRE OPSD - 24 I--~ 25mm min BOTTOM VIEW 1 1 i ~, CORPORATION OF THE MiTNICIPALITY OF CLARINGTON CONTRACT NO. CL200&26 ~' ~r OPS GENERAL CONDITIONS OF CONTRACT (November 2006) ~1 3 ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS /P~~O 0 .c STgH\ 099 ~~ Pa' (September 2006) GENERAL CONDITIONS OF CONTRACT r~`O "'"a, Ontario Provinolal Standards ~ e ~ ~ fo- .~ Roadr and Pyblic works '+'a OP3 GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0 -INTERPRETATION METRIC OPSS.MUNi"100 November 2!108 GC 1.01 Captions .................................................... ...............................:. .....6 ....................... GC 1.02 Abbreviations ............................................ .............................................................6 GC 1.03 Genderand Singular References ............. .........:.............. .....6 ................................ GC 1.04 Definitions ................................................. .......................:.......................:............ 6 GC 1.05 Substantial Perforrnarxe ........................... ...........................................................11 GC 1.06 Completion ................................................ ...........................................................11 GC 1.07 Finai Aeceptance ...................................... .............................:.............................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 ~ Precedence ............................................................................................12 ~ SECTION GC 3.0 -ADMMISTRATWN OF THE CONTRACT GC 3.01. Contrail Administrator's Authority ............................................................. .._....:.14 GC 3.02 Working Drawings ...................................................................................:.. ..........15 GC 3.03 Right of the Contract Administrator to Modify Methods arxf Equipment .... ..........16 GC 3.04 Emergency Situations ................................................................................ .......... t6 ' GC 3.05 .Layout ........................................................................................................ ..........16 GC 3.06 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 Page i Rev. Dab: t ird00ti OPS3.MtRe t00 GC 3.10 Changes ................................................................................................. ..............18 GC 3.10.01 Changes in the Work ............................................................................. ..............18 GC 3.10.02 Extra Work ............................................................................................. .............:19 GC 3.10.03 Additional Work ...................................................................................... ..............19 GC 3.11 Notices ................................................................................................... ..............19 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance ...... ..............19 GC 3.13 Claims. Negotiations. Mediation: ........................................................... ..............20 GC 3.13.01 Continuance of the Work ....................................................................... .............. 20 GC 3.13.02 Record Keeping ..................................................................................... ..............20 GC 3.13.03 Claims Procedure .................................................................................. ..............20 GC 3.13.04 Negofiations ........................................................................................... ..............21 GC 3.13.05 Mediation ..........:..................................................................................... ..............21 GC 3.13.06 Payment ................................................................................................. ..............21 GC 3.13.07 Rights of Both Parties ............................................................................ ..............21 GC 3.14 Arbitration ............................................................................................... ..............21 GC 3.14.01 Conditions for Arbitration ....................................................................... .............. 21 GC 3.14.02 Arbitration Proc~lure ............................................................................. ..............22 GC 3.14.03 Appointment of Arbihator ....................................................................... ..............22 GC 3.14.04 Costs ...................................................................................................... ..............22 GC 3.14.05 The Deasion .......................................................................................... ..............23 GC 3.15 Archaeological Finds .............................................................................. .............. 23 SECTKNd GC 4.0 -OWNER'S RESPONSIBILITIES 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 Contrador ....................................... .............................................. 25 GC 4.06 Contractor's Right to Correct a Default .................. .............................................. 25 Page 2 Rev. Date: 11Y1008 OPSSMUNI 100 ~~ GC 4.07 Owner'$ Right to Correct a Default .....:........................:.........:............................. 26 GC 4.08 Tennu~tion of Contractor's Right to Continue the Work ...................................:.26 GC 4.09 Fnal Payment to Contractor ....................................................................--........ 26 GC 4.10 Tenninatlon of the Contract .................................................................................26 GC 4.11 Continuation of Contractor's Obli~4ons ............................................................. 27 GC 4.12 Use of Rerformance Bond .................................................................................... 27 GC 4.13 Payment Adjustment ............................................................................................27 SECTION GC S.0 -MATERIAL GC 5.01 Supply of Material .............................:. ................... ................................. ............. 28 GC 5.02 duality of Material ................................................... ...........................................:. 28 GC 5.03 Rejected Material .................................................... .............................................28 GC 5.04 Substihr0ons ............................................................ ...............:.............................29 GC 5.05 Owner Supplied Materiel ......................................... ............................................. 29 GC 5.05.01 Ordering of Excess Material .................................... .........................................:...29 GC 5.05.02 Care of Material ....................................................... ..........................................:.. 29 SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 GC 6.02 GC 6.03 GC 6.03.01 GC 6.03.02 GC 6.03.03 Protection of Work. Persons. and PmP~Y ......................................................... 31 IndemniPrcation ..................................................................................................... 31 Contradpr's Insurance .............................................................................. ........... 32 General Genera Liability Insurance Automobile Liability Insurance 32 GC 6.03.04 Aircxaft and Watercraft Liability Insurence ...........................................................33 GC 6.03.04.01 Ainxaft Liability Insurance ....................................................................................33 GC 6.03.04.02 Watercxaft Liability Insurance ...............................................................................33 GC 6.03.05 Properly and Barer Insurance ........................................................................:.:..33 GC 6.03.05.01 Propalyrlnsurance ...............................................................................................33 GC 6.03.05.02 Baler Insurance ................................................................................................... 34 GC 6.03.05.03 Use and Occupancy of the Work Prbr to Completion ......................................... 34 GC 6.03.05.04 Paymen[ for Loss or Damage .............................................................................. 34 Fagg 3 - t2ev. Orate: 1112008 OP38.MWN1100 GC 6.03.06 Contractor's Equipment Insurance ..................................................................... .. 35 GC 6.03.07 Insurance Requirements and Duration .............................................................. ..35 GC 6.04 Bonding ...........................................................................................................:.. ..35 GC 6.05 Workplace Safety and Insurance Board ............................................................ .. 36 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBIlIT1ES AND CONTROL OF THE WORK GC 7.01 General .............................................................................................................. ....37 GC 7.02 Layout ................................................................................................................ ....39 GC 7.03 Working Area ..................................................................................................... ....39 GC 7.04 Damage by Vehicles or Other Equipment ......................................................... ....40 GC 7.05 Excess Loading of Motor VehiGes ................................................:.................... ....40 GC 7.06 Condi4on of the Working Area ........................................................................... ....40 GC 7.07 Maintaining Roadways and Detours :................................................................. ....40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services ... ....41 GC 7.09 Approvals and Permits ........................:.............................................................. ....41 GC 7.10 Suspension of Work .......................................................................................... .....42 GC 7.11 Contractor's Right to Stop the Wark or Terminate the Contract ........................ :...42 GC 7.12 Notices by the Contractor ....................:............................................................ .....42 GC 7.13 Obstructions ...................................................................................................... .....43 GC 7.14 Limitations of Operadons .................................................................................. .....43 GC 7.15 Cleaning Up Before Acceptarn:e ....................................................................... .....43 GC 7.16 Warrenty ............................................................................................................ .....43 GC 7.17 Contrector's Workers ........................................................................................ ....:44 GC 7.18 Drainage .................................................:.......................................................... .....44 SECTK)N GC 8.0 - MEASUREMENT AND PAYMENT GC 6.01 Measurement ....................................:............................................................... ...45 GC 8.01.01 Quantities .......................................................................................................... ...45 GC 8.01.02 Variations in Tender Quantities ..........................:.............................................. ...45 ~~ L_ Page 4 Rev. Date: 11!2006 OPSS.MUNI 100 GC 5.02 PaYmerrt ...........................................:.......................:.........:........................... ......46 GC 8.02.01 Price fat Work ....................................................:.....................................:..... .::..:46 GC 8.02.02 Advance Payments for Material ....................................... ..... 46 GC 8.02.03 Certification and Payment ............................................................................... .....47 GC 8.02.03.01 Progress Payment Certficate ......................................................................... .:...47 GC 8.02.03.02 Certification of Subcontract Completion ......................:.................................. .....47 GC 8.02.03.03 Subcortract Statutory Holdback Release Certificate and Payment ............... .:...47 GC 8.02.03.04 Certification of Subshantial Performance .............................................:.......:.. .....48 GC 8.02.03.05 Substantial Pertonnance Payment and Substantial Performance Statutory Holdback Release Payment Certificates ................................................. ....... ..... 48 GC 8.02.03.06 Certfication of Completion .............................................................................. ..... 49 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Rele~e Payment Certificates ....................................................................................... .....49 GC 8.02.03.08 Interest ............................................................................................................ .....50 GC 8.02.03.09 Interest for Late Payment ................................................................................ ..... 50 GC 8.02.03.10 Interest for Negotiations and Claims ............................................................... ..... 51 GC 8.02.03.11 Owner's Set-Off ............................................................................................... ..... 51 GC 8.02.03.12 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 Paymerk for Work ........................................................................................... ..... 53 GC 8.02.04.04 Payment for Labour ........................................................................................ ..... 53 GC 8.02.04.05 Paymerk 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 Paymera for Hand Tools ................................................................................. ..... 54 GC 8.02.04.08 Paymerd for Work by Subcontrectors ............................................................. .....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 Flnal Acceptance Certificate ........................................................................... .....55 GC 8.02.06 .Payment of Workers ....................................................................................... ..... 55 GC 8.02.07 Records ............................................................................................................ .... 55 GC 8.02.08 Taxes ............................................................................................................... .... 56 GC 8.02.09 Liquidated Dama9es ........................................................................................ ....56 Page s Rev. ~: 11/2006 OPSS.MIXiI 100 li 'SECTION GC 1.0 • INTERPRETATION GC 1.01 Captious .01 The captions. appearing in these General Conditions have been inserted as a matter of convenience and fw ease of reference :only and in no way define, limit, w enlarge the scope w meaning of the General Conditons w any provision hereof. GC 1.02 Abbroviationa .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right "AASHTO" - American Association of State Highway Transportation Officials "ACI" - American Concrete Institute "ANSI" - AmericanNational Standards Institute "ASTM" - American Soaety for Testlng and Materials "AWG" - American VWre Gauge AW WA" - American Water Works Association "CCIL' - Canadian Council of Independent Laboratories "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Assocation "CWB' - Canadian Welding Bureau "GC" - General Conditions "ISO" - Intemafionat Organization fw Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Urrifonn Traffic Contrd Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specificafion "OTM" - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Soaety of Automotive Engineers "SCC" - Standards Courxil of Canada "SSPC' - Structural Steel Painting Counc~7 "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the mascuine w singular throughout the Contract Documents shag be considered to indude fhe feminine and the plural and vice versa, as Ure context requires. GC 1.04 DefinWons .01 Fw the purposes of this Contract the foNowing definitions apply: Actual Measurement means the field measurement of that quantity within. the approved firnits of the Work. Addendum means an addition w change in the tender documents issued by the Owner error b terxder Dosing. t~ s tiev. one: ttrtoos oPSS.taura too Additional Work means wait 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 pertormance of the Work that is included in the Contract Documents. Base means a layer of material of speafied 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. Cerdflcate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with douse GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance means the certifipte issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Extra Work be performed. Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades: dimensions; quantities; methods; drawings; substantial changes in geotechnicai, subsurface, surface, or other conditions; changes in the character of the Work to be done; or matedals 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 authorzed, covering oorttingendes, a Change in the Work, F~rtra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Conbact Time. Compieflon Certificate means the certificate issued by the Contract Administrator at completion Constructor means, for the purposes of, and within the meankrg of the Occupatfona! Health and Safety Ack 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. Contrail Administrator means the person, partnership, or corporetion designated by the Owner to be the Owner's representative for the purposes of the Contract Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of Contract, Standard Speafications, Spedal Provisions, Contract Drawings, addenda incorporated in a Contract Document beforb the execution. of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendrrents to the Contract Documents made pursuant to the provisions of the Agreement. Corrtrad: Drawings or Contract Plans mean drawir~s or plans, any Geotechnical Report, any Subsurface Report, and any other repots and information provided by the Owner for the Work, and without limiting the generality thereof, may include sal profiles, foundation investigation reports, reinfordng steel schedules, aggregate sources fists, Quantity Sheets, and cxoss-sections. Contract Time means the time stipulated in the Contract Documents for Substantial Pertornance of the Work, including any extension of Contract Torte made pursuant to the Contract Documents. Page 7 Rev. Date: t1Y2008 OPSS.MlNJ11g0 u Contractor means the persom partnership, a corporation undertaking the Work as identified in:ihe Agreement. Corrhoiling Operation means iNny component of the Work that, N delayed, may delay the canpietion of the Work. Cost Plus has the same meaning as Time and Material.' Cut-Off Date means the date up to which payment shall be made for work performed. Dally Work Rer:ords mean daily Reconls detailing the number and categories of workers and hours worked or on standby, types and quantifies of Equipment and number of hors in use or on standby, and description and quantities of Material utilized. Day means a calendar day. Drawings a Plans mean any Contract Drawings a Contrecl Plans, a any Working Drawings a Waking Plans, a any reproductions of drawings or plans pertaining to the Work. End Resuk Specification means specifications that require the Contractor to be responsible fa supplying a product or part of the Work. The Owner accepts a rejects the f6tal product a applies a price adjustment that is commensurate with the degree of compliance with the specification. Equipment means aN machineryy and equipment used for preparing, fabricating, conveying a erecting the Work acrd normally referted to as construction machinery and equipment. Estimatemeans a cekrNation of the quantity a cest of the Work or part of it depending on fhe context. Extra Work means work not provided fa in the Contract as awarded but cortsidered by the Contract Administrate to be essential to the satisfactory copnprtion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations tltat affect the Work: Final Aaxptance Certificate means the certificate issued by the Contract Administrate at Final Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrate showing the quantities, unk prices, and final dollar amounts of ail 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 soma meaning as Time and Material.° Oeotechnical Report means a report a other information identifying soil, rode, and ground water cxxtditions in the area of any proposed Work. tirade means the required elevation of that part of the Work. Hand Toils means tools that are commonly called toils a implemerNs of the trade and include small power toils. Highway means a common and public highway any part of that is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property Noes thereof. Lot means a specific quantity of material a a spedtic amount of construction ronnaNy from a single source and produced by the same process. Palma Rev. Deb: 11/2006 OPSS.MIxtl tee. Lump Sum kem means a tender item indicating a portion of he 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) 5100.000, 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 pertormed, 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. Ptafiormanee Bond means the type of security fumishad 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 o_ f rock that, prior to removal, was integral with the parent mass. Quarry means a place where Aggregate has been or is being remand from an open excavation made in a solid mass of igneous, sedimentary, or metamorphic rode or arty 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 Adminisbetion Act by the Minister of Finance of Ontario and issued by, and available from, the Owner. Records mean any books, payrdis, accounts, or other infomtation that relate to the Work or any Change in the Work or claims arising therefrom. Roadway means that part of the Highway designed w intended far 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 surtace and the top inside edge of the ditch or fill slope. Special Provisions mean directions containing requirements spedfic to the Work. Standard Drawing or Standard Spaeification 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. Page9 Rev. Gate: 71/2006 OPSS.MUNI 700 Subcontractor means a person!; partnership ar corporation undertaking die exeeutiort of apart of the Work by virtue of an agreement with the Contractor. Subgrads means the earth or rock surface, whether in cut ar fill, as prepared to support the pavement sWcture, consisting of Base, Subbase, and Pavement. ~ Subsurface Report means a report ar oilier information identifying the location of Utilities, concea~d and adjacent structures, and physical obstructions that fall within the influence of the Work. Supertntendent means the Contractor's authored representative in responsit~le d7arge of the Work. Surety means the person, partnership ar corporation, other than the Contractor, dcensed in Ontario to transact business under the lnsBrence Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by the Contractor. ' Tender means an offer in writing from the Contractor, submitbd in the format prescribed by the Owner, to complete the Work. Time and Material means cossls caiddated according to clause GC 8.02.04, Paymerrt on a Time and Material Basis. Where "Cost Pluis" and'Force Account' are used they shall have the same meaning. Utility means an aboveground er under~ound faality maintained by a municlpatity, public utility aut#xxity 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 Substarrtial Performance ar such longer period as may be specified in the Contract Documents for certain Materials or some ar all of the Work. Where a date of Substantial Performance is Trot established, the Warranty Period shad commence on the date of Completion. Work means the total construction and related services required by the Contract Documents. Working Arsa means all the lands and easements owned ar acquired by the Owner for the constriction of the Work. Working Day means any Day. a} except Saturdays, Sundays land statutory holidays; b) except a Day as detertninetl by the Contract Administrator, on which the Contractor is-prevented by inclement weather ar carrditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this shah be a Day during which the Contracbr cannot proceed with at least (i0% of dre 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 Controdirrg Operation, as determined by the Contrail Administre~r by reason of, i. any breach of the Contract by the Owner ar if such prevention is due to the Owner, another contractor hired by the Owner, ar an employee of any one of them, ar by anyone else acting on behalf of ti7e Owner. ii. rron-delivery of Owner supplied Materials. iii. any cause beyond the reasonable control of the Contractar that can be substantiated by the Contractor to the satisfaction of the Contrail Administrator. page W Rev. Dare: 17/2006 OP33:NlA~N.t00 Working Drawings or Working Plarq means any Drawings w Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. GC 1.05 Substantial Performance .Ot The Work is substantially performed, a) when the Work to be perfarned 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 contrd of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials rernaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. GC 1.08 Completion Al 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) 51,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the !test of the Contr~t Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations urxter Ore Contract. GC 1.08 Interpretation of Certain Words .01 Tire words "acceptable," "approval," "authorized " "considered necessary," "directed," "required," "satisfactory," or words of like import, shall mean approval of, directed, required, considered necessary, or authorised by and acceptable or satisfactory to the Contract Administrator, unless the context Geady indicates otherwise. ~ee+t R~.oare: ttnoos oass.rYturutoo SECTION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliandt on CoMroet Documents .01 The Owner warrants that the information furnished in the Contrad Documents can be retied upon with the following limitations or exceptions: a) The location of all mainline underground Utilities that may affed the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3 m vertical .02 The Owner does not warrantor make any representation with respect to: a) interpretations of data or opinions expressed in any Subsurtace Report available for the perusal of the Contrador, whether or not such report is induded as part of the Contract Documents, and b) other information spedficelly exduded from this waranly. GC 2.02 OMer of Precedence 3 .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the fdlowing descending order. a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications f) Standard Drawings g) InsWdionstoTenderers h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govern where ntey differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; Pape 12 Rev. Date: 17/2006 OPSS.MUlO 70t? 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 followin g 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 Provinaal Standard Specifications .04 The Contrect Documents are corn I p ementary, and what is required 6y any one shall be as binding as if required 6y all. Page 13 Rev. Dale: 11f2006 OPSS.MUNI tOD f 1 1 1 1 1 f 'I SECTIOI~E'GC 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01 ContraEt Adminletrator's Authority .Ot The Contract Administrator shall be the Owners representative during construction and'until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate, whichever is later. AN 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 oMy to the extent provided in the Contract Documents. .02 All ilaims, disputes and odter matters in question relating to the perfomrarrce and the quaNiy of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. .03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard Specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price Contrail. .04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. .05 The Contract Administrator shall, with reasonable promptness, review and take appropriate aetbn upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract DoaRmerHs. .06 The Contract Administrator shall investigate all aNegations of a Change in the Work made by ihe. Contractor and issue appropriate ir~tructions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owners approval .08 Upon written application by the Contractor. the Contract Administrator and the Contractor shah jointly corrduil an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Wok or both. .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Cturtract Documents 1 and, in making these deci~ons, the Contract Administrator shah not shave partiality to aitlrerparty. .10 The Contract Administrator shall have the authority to reject par! of the Work or Material that does not canforrrt to the Contract DocumerNS. .11 In the event that the Contract Administrator determines that any part of the Work perfomred 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 ar trot incorporated in the Work; or otherwise fails to conforn to the Contrail Doarenents, then the Contracts shall if directed by the Contract Administrator promptly remove the Work and replace. make good, or re-execute the Work at ra additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements, arts-exeaidons shalt be made good, promptly, at no additional cost to the Owner. Page 14 _ Rev. Dare:.tt/2006 OFSS.MUW100 13 If, in the opinion of the Contrail Administrator, it is not expedient to coned defective work or work not performed in accordance with the Contrail 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 faclitata the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy non-compliance in the case of such non-compliance with the provisions of the Contract by the Contractor. The Contractor shall not be entitled to any compensation for suspension of the Work in these crcumstances. 16 The Owner has the right to terminate the Contrail for wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Ad, and Regulation 309 of the Environmental Protection Act .17 If the Contrail Administrator determines that any worker empbyed on the Work is incompetent. as defined by the Occupational Health and Safety Ad, or is disordedy, then the Contrail Administrator shall provide written notice to the. Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contrail Administrator. GC 3.02 Working Drawings .Ot The Contractor shall arrange for the preparation of dearly identified and dated Working Drewings 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. tl either the Contractor or the Contrail Administrator so requests, they shat) jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time d submission the Contractor shall notify the Contrail Administrator in writing of any deviations from the Contrail requirements that exist in the Working Drawings. .03 Tire 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 shah be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contrail Documents, unless a deviation on the Working Drawings has been approved in writing by the Contrail Administrator. Page 16 Rev. Date: 11!2006 OPSS.MUNI 100 .05 The Contractor shall mak9 any changes in Working Drawings that the Contract Administrator-may require to make the Working Drawings consistent with the Contract Dotxxrrents and resubmit, unless otherwise directed by the Contract Administrator. When resubmitting, Ote Contractor shall notify the Contract Administrator in' venting of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shalt not proceed until Ore Working Drawings have been sic,~ed aril dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shell keep one set of the reviewed Working Drawings, marked as above, at the site at all limas. i tr t t M dif M th d t E ment h Ad i GC m a or o o y e o s arx qu e Contract nis p 3.03 Rightof t .01 The Contr~tor shall, when requested in wntlng, make alterations in the method, Equipmen4 or work force at any time the Contract Administretor considers the Contractor's actions to be unsafe, or damaging to eitlrer the Wank or existing facilities or the environment. .Q2 The Contractor shah, whoa requested in venting, alter the sequence of its operations on the Contract so as to avoid interferem~i with work being performed by others. .03 Nolwithst~rding Ore foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency situation and, when such an emergency+situation is deemed to exist, the Contrect Administrator may instruct Ote Contractor to take action trr remedy the situation. It the Contractor does nottake timely acikxr or, it 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 Confrectot's expense. N Ote emergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work.' GC 3.OS Layout .Ot The Contract Administrator shall provide baseline and benchm~k information for Ore general location, alignment, and elevation of the Work: The Owner shall be responsible only for the correctness of Ore information provided by Ore Contract Administrator. GC 3.06 Exterwtwr of Contract TYns .01 An application for an extension of Contract Time shall be made in writing by the Contractor b the Contract Administrator as-soon as Ore 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 Ore reasons, and state the length of extension required. .02 Grcumstarrces suitable for consideration of an extension of Contract Time include Ore following: ~ a) Delays, subsection GC 3.07. b) Changes in the Work, Cause GC 3.10.01. c) Extra Work, clause GC 3.10.02. Pape 16 lieu. Date: 11!2006 oPSS.unxit tlxl 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 Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contrail Administrator and deemed fair and reasonable by the Owner. .OS The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .Ot If the Contractor is delayed in the pertormance of the Work by, a) war, blockades, and civil comnwOons, errors in the Contract Documents; b) an ail or omission of the Owner or Contract Administrator, or anyone employed or engayed 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 directly or indirectly; d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal incement weather; or f) archaeological finds in accordance with subsecton GC 3.15, Archaeological Finds, then the Contractor shall be reimbursed by the Owner far reasonable costs incurred by the Contracts as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnomtal 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 axordance with subsection GC 3.06, Extension of Contrail Time. .02 If the Work is delayed by labour disputes, strikes or lock-outs, inGuding lock-outs decreed or recommended to its members by a recognized contractor's assoaation, 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 Oran the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by Ole Contractor. The Contrailor shall not be entitled 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 entitled to payment for the cost of delays incurred 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, MediaOons. GC 3.08 Assignment of Contract .Ot The Contractor shall not assign the Contract, either in whole or in part, without the prior written consent of the Owner. Papa 17 Rev. Date: 112006 OPSS.MUNI 100 a GC 3.09 Subcolatractin9 by the Contractor .Ot The Contractor may subcgEttr~t any part of the Work, subject to these Gerterai Conditions and any limitations spedfied in the ~ontrad Documents. .02 The Contractor shah notify the Contract Administrator 10 Days. prior to the start of construction, in writing, ~ the intention to sutmAntract. Such notificaton shall identify the part of the Work, and the Sulontractor witlt 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 indude the reasons for the rejection. .04 The Contractor shall not, wvthout the written carsent of the Owner, change a Subcontractor who has been engaged in accordance with this subsedion. .OS The Contractor shah preserve and prated 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 there to perform their wait in accordance with the Contrad Documents; and b) be as fully responsible to the Owner for ads and omissions of the Cogtrador's Subcontractors and of persons directly or indiredly empbyed by them as for ads and omissions of persons directly empbyed by the Contractor. .O6 The Owner's consent to subcontrading by the Contractor shah noE be construed to relieve the Contracbr from any obligation under the Centred and shall not impose any liability upon the Owner. Nothing contained in the Contrad Documents shah create a contractual relatiorrahip between a Subcontractor and the Owner. GC 3.10 Changes GC 3.10.01 Charrpes 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 Mall not be required ~ proceed with a Change in the Work until in receipt. of a Change Order or Change Directive. Upon the receipt of such Chang@ Order or Change Directive the Contrada• shah proceed with the Change in the Work. .02 The Contrador may apply for an extension of Cartrad Time according to the ternu< of subsectiar GC 3.06, F~ctension of Contract Time. .03 If the Change in the Work relates solely to quantities, payment for that part of the Work shah be made according to the conditions spedfied in louse 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 Contrador may initiate negotiations upwards or downw~ds for the adjustment of the Contrad price in respect 1 of fhe Change in the Work pursuant to subsection GC 3.13, Claims, Negotiatlars, Mediation or payment may be made according to the conditions contained in louse GC 8.02,04, Payment on a Time and Material Basis. ~ ~e Rov. fps: 11120oft oPSS.AMAN1 qua t~ GC 3.10.02 F_lttra Work .01 The Owner, or Contract Administrator where so authored, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time accorcling 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 ro the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .Ot 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 Wark, 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, F~ctension 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 ro the conditions contained in Gause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11 Notkes .Ot Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shah be deemed to have been given to and received by the addressee on the date of delivery 'If delivered by hand, email, or by facsimile transmission and on the fifth Day after the date of mailing, 'rf sent by mail. .02 The Contractor and the Owner shall provide each other with the mail and email addresses; pager, cell phor~, and telephone numbers; and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work, and update as necessary. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract GC 3.12 Use and Occupancy of the Work Prlor to Substantial Performance .Ot Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior ro 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 arty part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. M addition, the use or occupancy of the Work shall not relieve the Contracror or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract Page 19 Rev. Date: 112006 OPSS.MUNI 100 L~ ~ O ~' Doatments. The Owner !hall be responsible for any damage that Decals because of the Owners use a occupancy. Such use a occupancy of any part of the Work by the Owner does not waive the f th d i h th ance w t e terms o e Owners right to drarge the Contractor liquidated damages in accer Contrad. GC 3.13 Claims; Nsgotlatbns, Mediation GC 3.13.01 Contimuance of the Work :Ot Unless the Contract has been terminated or completed, the Contractor shall in every case, aft serving a receiving any notification of a claim a dispute, verbal a 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 map have. GC 3.13.02 Record Keeping .01 Immediately upon cornmenang work that may resuN in a Gaim, the Confrede shall keep Daily Work Records during the coursd of Ore Work, suffident to substantiate the Contrador's claim, and the Confrad Administrator shell keep Daily Work Records to be used in assessing the Contractor's claim, aN in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contrad Administrator shall attempt to recondle their respective Daily Work Records on a daily basis, to simplify review of Ole claim, when submitted. tt the Contrador arM the Contrad Administrator fail to recondle their respective Daily Work Records, then the Contractor shah submit its Daily Work Records as part of its claim, whereby the resolution of the dispute abort the DaNy Work Records shah not be resolved until there is a resduton of the claim. .03 The keeping ~ Daily Work Records by the Confred Administrator or the recertaling of such Daily Work Records wish those of the Contrador shall not be construed to be acceptance of the claim. GC 3.13.03 Clairrte, Procedure .Ot The Contrade shalt give, verbal notice of any situation that may lead to a claim for additional payment immediately upon becoming swan: of the situation. .02 The Contractor shah provide written notice in Ore standard forth "Notice of Intent to Claim" within 7 Days of the commencement of arty part of the Work that may be affeded by the situation.. .03 The Confrede shall submit detailed claims as soon as reasonably possible and in arty event no later than 30 Days after cempletion of the work affected by the situation. The detaNed claim shall: a) identity the item a items in respect of which the claim arises; b) state the grounds, oontradual a 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 Administrate. :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 Contrede shall submit the requested information within 30 Days of receipt of such request Page ZO Rev. Date: t V200a OPSS.MINN 14f1 .05 Within 90 Days of receipt of the detailed daim, the Contrad Administretw shall advise the Contrador, in writing, of the Contract Administrators opinion with regard to the validity of the daim. GC 3.13.04 Negotiations .01 The parties shall make all reasonable efforts to resolve Oteir dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant fads, information, and documents to fadlitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragreph GC 3.13.03.05, with respect to any part of the claim, the Contrad Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in aa~rdance 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 satisfadorily through the negotiation stage noted in dause GC 3.13.04, Negotiations, within a period of 30 Days following Ote opinion given in paragraph GC 3.13.03.05, and the Contrador wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contrador. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resaMng the issue themselves prior to proceeding to arbitrefion the mediator shall provide, without prejudice, anon-binding recommendation for settlement. .04 The review by the mediator shall be completed witttin 90 Days following the opinion given in paregraph GC 3.13.03.05. .O5 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contrador. GC 3.13.06 Payment .Ot Payment of the daim shall be made no later than 30 Days after the date of resolution of the daim or dispute. Such payment shall be made according to the terms of Sedion GC 8.0, Measurement and Payment GC 3.13.07 Rights of Both Parties .01 It is agreed that no action taken under subsecton GC 3.13, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiverof any of the rights or recourse available to ttte parties, provided that the requirements set out in this subsedion are fulfilled. GC 3.14 AfiRratlon GC 3.14.01 Condklons of Arbltratlon .01 If a claim is not resolved satisfadorily through the negotiation stage noted in clause GC 3.13.04, Negotiations, or the mediation stage noted in dause GC 3.13.05, Mediation, eitlter party may invoke the provisions of subsedion GC 3.14, Arbitration, by giving written notice to the other parry. Page 21 Rev. Date: it/t00t1 OPSS.MUNt 100 r E~ .02 Notification that arbitratia~I shalt be implemented to resolve the issue shall be cemmunicated in writing as soon as possit~le and no later than 00 Days following the opinion given in paragraph GC 3.13.03.05. Where 111e use of a third party mediator was implemented, notification shall be within 120 Days of the opinion given in paragraph GC 3.13.03.05. .03 The parties shall be bound by the deasion of the arbitrator. .04 The rules and procedures of Ote Arbitration Ad, 1991, S.O. 1991, a17, as amended, sha0 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 Arbttration t~rocedure .01 The following provisions are to be tnduded 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 ~ have otherwise disqualified him or herself: a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration; b} AN outstanding claims and matters to be settled are lb be set out in a schedule to the agreement. Only such Gaims and matters as are in the schedule shall be arbitrated; and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.14.03 AppoiMmeM of Arbitrator .01 The arbitrator shall be mutuaNy agreed upon by the Owner and Contractor to adjudicate the dispute, .02 Where the Owner and Contactor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days attar the last appointee was chosen or they stroll refer the matter to the Arbitration and Mediation institute of .Ontario Inc., which may select an arbitrator to adjudicete the dispute within T Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be empbyed by either party. .OS The arbitrator may appoint independent experts and any other persons to assist him or her. .(~ The arbitrator is not bound by the rules of evidence that govern the trial of cases in court but may hear and consider any evidence that the arbitrator considers relevant. .07 The hearing shall commence within ~ Days of the appointment of the arbitrator. GC 3.14.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. PB~j° ~ ~. ~: ~ irsiwa ovss.r~na wo .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 fadlities 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 derision shall be made ~ 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 Gause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .Ot If the Contractor's operetions expose arty items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contrect 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 Conlract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. .02 Any delay in the cmnpletion of the Contrect that is caused by such a suspension of Work shall be considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01. .03 Any work directed or authorized in connection witty an archaedogical 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. Page 23 Rev. Date: 1112006 OPSS.MUNI 100 f SECTION laic 4.0 -OWNER'S RESPONSIBILITIES AND RiGNTS GC 4.01 Workirq Area .Ot The Owner shall acquirei.all property rights that are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and shall indicete the full extent of the Working Area on the Contract Drawings. .02 The Geotedmicel 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 Permits .Ot The Owner shall pay for aN.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 Diepositlon of Materials .Ot 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 Occupatyonal 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 Oae Working Area occurring nattually or as a result of vehicle emissions; b) the designated substa~tce 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, cnshing, dnNing, blasting, cutting, and abrasive blasfing. .03 The Owner shall identify in the Contract Documents any designated substances a hazardous materials other than those identified above and tfieir location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazaMa~s materials that are in addition to those listed in paragraph GC 4.03.02, or not dearly identified in the Contract Doaxnents 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 Contredor shall stop work in the area immediately and shall determine Ole necessary steps required to complete the work in accordance with applicable legislation ark regulation. .05 The Owner shall be responsible for arty reasonable additional costs of removing, managing and disposing of any material not identfied in the Contrail Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shill be deemed to be Extra Work. Psge24 Rev. Date: 1112006 OPSS.bK1/dtt00 .O6 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting RalMray Property .01 The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are sdely 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 opere0ons 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 Defauh by the Contractor .Ot If the Contractor fails to commence the Work within 14 Days of a fomral order to commence work signed by the Contract Administrator or, upon commencement of Ote Work, should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator has given a written ,statement to the Owner and Contractor that sutfiaent cause exists to justrfy such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such no0ce. .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or 'rf a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. GC 4.06 Contractor's RIgM to Correct a Defauk .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 corectlve measures have been taken. .02 If the cerection of the default cannot be completed within the 5 full Working Oays folowing 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 correcfion; and c) completes the correction in accordance with such schedule. pg9e 2,5 Rev. Date: 1112006 OPSS.MUNI 100 i' GC 4.07 Ow77srfs Right to Correct Dafauk .Ot If the Contractor fails to= corect the default within the time speafied in subs~fion GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, 8x Owner, wittrout prejudice to any other right or remedy the Owner may have, may correct such defauk and deduct the cost thereof, as cert~ed by the Contract Admirstrator, from any payment then or thereafter due to the Contractor. GC 4.08 Termlrpkion of Contractor's Right to Continue tM Work .Ot Where the Contractor fails to correct a default within the time specified in subsection GC 4.06, Contractor's Right. to Correct a Defauk, or subsequently agreed upon, tl7e Owner, withottt prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to cortinue the Work in whole or in part by giving written notce to Ore Contractor. .02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner shale be entitled to, a} take possession of theNforkkrg Area or that portion of the Working Area devoted to that part of the Work tertrdnated; b) use the Equipment of 1pe Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the whole subject to the right of third parties; c} withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawr7 is completed; d) charge the Contrecror the additional cost over the Contract price of completing the Work or 'portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the cortection of the default; e) charge the Contractor a reasonable alk>,wance, as detemrined by the Contract administrator, to cover correcfton to the 1~Vork performed by the Contractor that may be required under subsecton GC 7.16, Wartanty; f} charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge 8ie Contractor 81e amount by wtrich the. cost ct corrections to the Work under subsection GC 7.16, Warranty, e7CC@edS the allowance provided for such c>orections. GC 4.09 Final Paymsnt 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, Terminafion of Contractor's Right to Continue Bra Work, the yawner shall pay the balance to Me Contrac~r as soon as the ftnal accounting for the Contract is complete. GC 4.10 Termination of the Contract .01 Where the Contractor is in def~k of the Contract the Owner may, without prejudice to any other right or remedy the Owner rrrey have, terminate the Contract by giving written notice of termination to the Contractor, the Surety, and any Wstee or receiver acting on behalf of the Contractor's estate or creditors. Page 26 Rev. F~7e:. 172006 OPSS.MUNI 100 .02 If the Owner elects b 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 Corrtlnuatbn of Contractor's Obligatbns .01 The Contractor's obligation under the Contract as to quality, correctan, 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 .Oi N the Contractor is in default of the Cantrell and the Contractor has provided a Performance Bond, the provisions of Section GC 4.0, Owner's Responsibilities and Rights, shall be exercised in accordance with the conditions of the Performance Bond. GC 4.13 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 entitled to an adjustment and those adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. Pape 27 Rev. Date: 11!1006 OPSS.MUNI 100 I' 14 secrtort Gc s.o - MATERIAt_ GC 5.01 Supplyaf Material .Ot All Material necessary for the proper compFeGon 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 fuN canpensation for the supply of such Material. GC 5.02 Qwxty of Material .O7 AN Material supplied by qre Contractor shall be new, unless otherwise specified in the Contract _, _ .Documents. ~' .02 Material supplied by the Contractor shalt conform to the requirements of the Contract. .03 As specified in the Contract Documents w as requested by ttre Contract Administrator, the Contractor shah make avaGable, for inspection w testng, a sample of any Material to be supplied by the Contractor. .04 The Contractor shah obteirt for the Contract Adrrrnistrator the right to enter onto the premises of the Material manufacturer w supplier to carry out such inspection, sampling, and testing as speafied 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 in perform the required inspection, sampling, and testing. .08 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, samping, and testing before the scheduled I shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorizatiorof the Contract Administrator. 08 Material that is not s ecified sh ll b f lit b t i . p a e o a qua y es su ted to the purpose required, and the use of such Material shall be subject to the approval of the Contract Administrator. .08 AN Material inspection, sampling, and testing shall be carried out on random basis in accordance with the standard inspection w testing methods regained for the Material. Any approval given by the Contract Administrator for Ore Materials to be used in the Work based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that. conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to property perform as speafied in the Contract Documents. GC 5.03 Rejected Material .Of Rejected Material shah be removed from the Workng Area expeditiously otter the rwtificafion to that effect from the Contract Administrator. Wtrere 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 af, in what the Contract Administrator rbnsiders to be the most appropriate marnrer, and the Contractor shah pay the costs of disposal aril the appropriate overhead chars. Pe9e2a.. Rev. Oats: 772006 t>PSa.ldlNa tOD GC 5.04 SubstRutbna .01 Where the Contract Oocuments 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, fhat 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 Certficate of Equality on the Owner's standard form of "Certifx:ation of Equality" and, if any adjustrnent to the Contract price is made by reason of such substitution, a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 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 ttre Contractor al 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 pant and for its safe handling and storege. 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 fhe Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the tauR of the Contractor, it shall remain in the. care and at the risk of the Contractor until its dispo~itlort 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 quantifies shown on the bills of lading, the Contractor shall immediately report such damage or discrepances to the Contract Administrator who shall artange for an immediate inspection of the shipment and provide the Contractor with a written release from resporlsibaity for such damage or deficiencies. Where damage or deficierxties are not so reported, ft shall be assumed that the shipment arrived in goad condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 29 Rev. DMe: 11/2008 OPSS.MlxJ1100 '~ .04 The full amount of MeteriBi supplied by the Owner in each shipment shalt be accounted for by the Contractor and such Material shall be at the risk of the Contractor after takutg deNvery. Such Material shall not, except with the written permission of the Contract Adtrtinistretbr, be used by the Contractor for purposes Diller than the performance of the Work under the Contract .05 Empty reels, crates, containers, and ottter type of Packaging from Material supplied by the. Owner shall become the properly of the Contractor when they are no longer required for tlteir original purpose and shah be disposed of by the Contractor, un~ss otherwise specified in the Contract Documents. .O6 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bibs of lading, or such other doarmentation the Contrail Administrator may require to substantiate and reconcile the quantifies of Material received. .07 Where Material suppNed by the Owner is ordered and stockpiled pear to the award of tfte Contract, the Contractor shall, at ra extra cast to the Owner, immediately upon cornrtencement of operations, check the Material, report arty damage or deficencies to the Contract Administrator and take charge of the Material at the stookpile site. Where damage w deficiences are not so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and order when fhe Contractor took charge of it, and any damage or deficiences repotted thereafter shall be made good by the Contractor at no extra cost to the Owner. ~° 30 rtes. orro: t tnoos ~. tso SECTION GC B.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persona and Property .01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the Contractor, inducting Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all bsses and damage that may arise as the result of the Contractors operations under the Contract, unless indicated to the contrary below. .02 The Contractor is responsible for the fuA cost of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work w property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or properly, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that 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 inddent, 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 commofions; c) erors in the Contract Documents: or d) acts or omissions of the Owner, the Contract Administrator, their agents and empbyees, or others not under the control of the Contrector, but within the Working Area with the Owner's permission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contrail or waive or impair any of the rights of the Owner, except by a release duty executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected offidals, agents, officers, and employees from and against all daims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "daims", directly or indirectly arising or alleged to arise out of Ote performance of or the failure to pertain the Work, provided such daims are, a) attributable to bodily injury, sickness, disease, w death or to damage to or destruction of tangible properly: b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contrector 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 Rnal Acceptance. Page 3i Rev. Date: 11!2006 OPSS.MUNI 100 .02 The Contractor shah indemmiry and hold harmless the Owner from all and every claim-for damages, royakies or fees for the ktfingement of any patented invention or copyright ocpsioned by the _ Conrailor in connection with the Work perfom~d or Material famished by the Contractor under the Contrail. .03 The Owner expressly wars the right to indertvtiry for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnity and hold harmless the Contractor, their elected offidats, agents, officers, and employees from and against all claims, demands, bsses, expenses, costs, damages, actions, suits, or proceed'mgs arising out of the Contractor's performance of the Contract that are attributable to a lade of a defect in title or an alleged tad< of or defect in title to the Working Area. .05 The Contractor expressry waives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6.03 .Contractor's Insurance GC 6.03.01 General .Ot Without restricting the generality of subsection GC 6.02, Indemnification, the Contrector shall provide, maintain, and pay for the insurance coverages listed under c~usss GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.08 shall only apply when so specified in ttte Contrail Documents. .02 The Contractor shah provide the Contrail Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contrail Documents. Tha Contractor shall ensure that the Contrail 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 Contrail Documents. Tha Contractor will not be penrwted to commence work until the Contrail Administrebr is in receipt of such proof of insurance. The Contrail Administretor may withheld payments of mortise due to the Contractor until the Contractor has provided the Contract Administrator wi0t original valid Certificetes of Insurance as required by the provisions of the Contract Documents, GC 6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contrail Administrator named as additional insureds, with limits of not less than five million doNare inclusive per occurrence for bodiry injury. death, and damage b property including kiss of use thereof, wilt a property damage deduilil~e of not more than 55,000. The forth of this ktsurence 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 regWrerrtertts listed in the Contract are included. Approval of this insurance shall b@ 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 marntakt in force such pdicies of insurance specified by the Contrail Documents at aR times from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contrail Documents. .04 The Contractor shall submit annualry ~ the Owner, proof of continuation.of the comple~cl operations coverage and, if tits Contractor fails to do so, ttte Iknitation period for claiming indemnity described. in paragraph GC 6.02.01 c), shall not be binding on the Owner. Pis.: ~ Rev. DaU: i V2006 OPSS.MU1e t0e .05 Should the Contractor deride not to employ Subcontractors for operations requiring the use of explosives for blasfing, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The polices shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change or amendment restricting coverage. .07 "Claims Made" insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five million dollars inclusive per occurtence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days written notice in advance of any cancellation, change, or amendment restricting coverage: a) standard non-owned automobile poky including standard contractual liability endorsement, and b) standard owner's form automobile policy providing third party liability and axident 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 million dolars inclusive per occurrence for bodily injury, death, and damage to properly including bss 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 pdicles shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance .01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dolars inclusive per occurrence for bodily injury, death, and damage to properly including loss of use thereof. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. GC 6.03.05 Property and Boller Insurance GC 6.03.05.01 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 spedfied to be provided by the Owner for irtcorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shah be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. page 33 Rev. Date: 7 if2006 OPSS.MUNI 700 GC 6.03.05.02 Bailer Insurance .01 Baler insuance insuring the interests of the Contrrector, the Owner and the Contract Administretor for not less lfian the replacement value of balers and pressure vessels fomNng part. of Ote Work, shill be in a form acceptable to the Owner. This insurance shall be maintained continuousty from commencement of use or operetion of the properly insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6,03.OS.03 Use and Occupancy of the Work prior to Completion .01 Should the Owner wish to vise w orx:upy part w aN of the Work prior to Substantial Performance, the Owner shall give 30 Days written notice to the Cantractw of the intended purpose and extent of such use w occupancy. Prior to.such use or occupancy, the Contractor shall notify the Owner in writing of the additional premium cent, if any, to maintain property and boiler insurance, which shall be at the Owners expense. If because of such use w occupancy the Contractor is unable 1b provide coverage, the Owner upon written notice from the Confreilor and pries to such use w occupancy shall provide, maim, and pay for property and tx>iler insurance insuring the -ull value of the Work, including coverage for such use or occupancy, and shah provide the Contractor with proof of such insurance. The Contractor shall rettxrd to the Owner the unearned premiums appdcable to the Contractor's pdicies upon 6emiination of coverage. .02 The pdicies shall provide that, in the event of a loss w damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contreilor 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 fhe:insurers. When the extent of the loss or damage is determined, the Contractor shall proceed, to restore tl~ Work. Loss w damage shall not affect Ox rights and obligations of either party render the Contract, except that the Contradw shall. be entitled ~ such reasonable extension of Contract Time relative to the extent of the Ices w damage as the Contract Administrator may dedde in consultation with Ore Contractor. GC 6.03.05.04 Payrnert! for Loss or Damage .01 The Contractor shall be entldled to receive from the Owner, in addition to Ore amount due under the Contrail. the amount at whifch the Owner's interest in restoretion of the Work has been appraised, such amount to be pad ~ the restoration of the Work proceeds, and in accordance with the requirements of Section GG 8.0, Measurement and Payment. In addition, the Contractor shad be entitied to receive from the payments made by Ole insurers the amount of the CoMractor's interest in the restoration of the Work. .02 The Contractor shad be responsible for deductible amounts under the podcies, except where such amounts may be exduded fawn the Contredor's responsibility by the terms of this Contract. .03 In the event of a loss w damage to the Work arising from the action w omission of the Owner w others. the Owner shad pay the Conirailw the ccet of restoring Ore Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment. ~~ Rev. ate: 11x2006 OPSS.MUNI 700 GC 8.03.06 CoMroctor's Equipment Insurortca .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, incktding boiler insurance on temporary boilers: and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by Cte insurer against the Owner. The pdiiles 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 Contrail, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. GC 8.03.07 Insurance Requkements 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, promptly 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 forth acceptable to the Owner, renewed proof of insurance immediatety following completion of renewal. :05 Unless spedfied otherwise, the Contactor 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 shaii have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cwst thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shaA 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 shaii be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the fulfilment of the Contract. Page ~ Rev. Oats: 11/2006 OPSS.MUNI 100 r C,C 8.05 Workptsca Safety and Insurance Board .01 The Contractor shau provjde the Contract Administrator with a copy of a Certificate of Clearance indicating the Contractor's good standing with the Workplace Safety and Insuranoe Board, as fouows; 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. Ppa ~ Rev. Date: t 1!2006 OP3S:MUpN t06 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 Wark are known. .02 The Contractor shall not commerxx 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 with the Contrect Documents. The Contractor shall be responsible for constnucton 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 pertortned 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. .O6 Notwithstanding paragraph GC 7.01.05, where the Contract Documents indude designs for temporary structures and other temporary fadlities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of censWdion 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.0.1, 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 thaC 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 commitrnent 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 ceny out the Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recegnized industry association to allow them to work in safety; e) its supervisory employees tarty out their duties in a diligent. and responsible manner with due consideretion for the health and safety of the workers: and Papa 37 Rev. Date: 1112006 OPSS.MUNI 100 f) all Subcontractors and their workers are property protected from injury while they are at the Work Area. ' .OU The Contractor, e~fien requested, shall provide the Owner with a copy of its health and safety policy and program at the pre-,sort meeting and shaA respond promptly to requests from the Owner for confirmation the! its methods and procedures for cartying out the Work comply with. the Act and Regulations. The Contredor 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 shaA indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work pertortned 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 c~ntroUed 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. AA containers used in the application of products controged 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 Safely Data Sheets. .10 The Contractor shall havlp an authored representative on the ske while any Work is being performed, to supervise 1tM Work and act for or on the Contractors behalf. Prior to commencement of construction, the Contractor shaA notify the Contract Administrator of the names; addresses,. positions; and cell phone, pager, and telephone numbers of the Contractor's representatives wlw 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 shaA be a competent worker who is qualified because of knowledge, traintng, and experience W perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of consWction, the Contracts 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, indud'mg other construction sites, and not be present in the Working Area at all times. .12 The Contractor shall, at rw additional cost to the Owner, furnish alt reasonable aid, fadAties, 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 prepltre and update, as required, a construction schedule of operations, indicating the proposed metlwds of consWction and sequence of work and the time the Contractor Proposes to complete the various items of work within the time specified in the Conduct Documents. The schedule shall be submitted to the Contract Adminislretor within 14 Days from the Contrect award. If the Contractor's spFredule is materially affected by changes, the Contractor shall su~rrit an updated consfnretion schedule, if requested by the Contract Administrator, within 7 Days of the request. This updated sdredule shall show how the Contractor proposes to pertorm the balance of the Work, so as to complete the Work within the time specified in the Contract Documents. 14 Wtrere the Contractor finds any error, inconsistency, w omission relating to the Contract, the Contractor shall promPUY report it to the Contract Administrator and shall not proceed with the activity affected until receivtrg direction from the Contract Administrator. 15 The Contractor shall promppy notify the Contract Administrator in writing if the subsurface conditions observed in the Working Area differ materially from those indigted in the Contract Documents. P~8 ~ lieu. ~t$: t 1/2006 OPSS.MI#tl 100 .16 The Contractor shall arrange with the appropriate Utility authorities for the stake out of all underground Utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs prior to commencing the Work and in the event that there is a discrepancy between the location of the stake outs and the locatons shown on the Contract Documents, that may affect the Work, the Contractor shall immediately notify the Contract Administrator and the affected Ufility 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 consWction if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). GC T.02 Layout .Ot 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 out the 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 shall 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 W lay out and establish all lines and grades necessary for construction. The Contractor shall notify. the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .O6 The Contractor shall assume full responsibility for alignment, 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 AA stakes, marks, and reference pants shall be carefuNy preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference pants 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 tthe Owner at the Confraaol's expense. GC 7.03 Working Area .01 The Contractors sheds, site offices, toilets, other temporery sWctures, and storage areas for Material and Equipment shall be grouped in a oompaa manner and maintained in a neat and orderly condition at all limes. .02 The Contractor shall confine the constriction operations i4 the Working Area. Shouts the Contractor require more space Uhan that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. Paged ~ Rev. Date: 112006 OPSS.MUNI 100 .03 The Contractor shall not enter upon or occupy any private property for any purpose, uMess the. Contractor has received prior written permission from the Properly owner. GC 7.114 Daman by Vehicles or Other Equipment ... .01 ff at any time, in the opingn of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on Me direction of the ContractAdrtrrristretor, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the saGSfacfion of the Contract Administrator. GC 7.05 Exosss Load(ng of Motor Vehicles .Ot Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle registration is required for such vehicle, the Contractor shaft not cause or permit such vehicle to be loaded treyond the legal limit speclfied in the Highway Traffic Ad, R.S.O. 1990, c.H.B, as amended, whethsr such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within Me Working Area where overloading is pemritted. The. Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condkipn of the Working Area .01 The Contractor shall maingiin the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nulirance, mud, and ponding water, other Man that caused by the Owner or others. GC 7.07 Maintaining Roads and Detoure .Ot Unless otherwise spedfied in the Contract Documents, if an existing Roadway is affected by cwnsWction, it 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 Me duration of the Work an aftemafive route for both pedestrian and vehicular traffic through Me Working Area in accordance with Me OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to Me Highway under construction, :03 Subject to Me approval of Me Contract Administrator. the Confractor may block traffic for short periods of time to fadtitate,consWdkm of Me Work in acoordanp with the OTM. Any temporary lane cbsures shaft be kepttb a minimum. .04 The Contractor shelf not be`required to maintain a road thrargh the Working Area unfit such time as the .Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in accordance with these General Condifions. The Contractor shay not be required to appy de-Ickrg chemicals or abrasives or pry out snowplowing. .05 Where loplized and separeted sections of the Highway are affected by Me Contractor's operetiora, Me Contr~tor shall not be required to maintain intervening sections of the Highway until such times as these sections are krcated within Me limits of the Highway affected by the Contractor's generel operetrons under the Contract. .O6 Where the Contract Documents provide for or Me Contract Administrator requires detours at speclfic IopGons, payment for the construcfion of the detours and, if required, fa the subsequent removal of Me detours, shall be made at the Contract prices appropriate to such work. Pape 10... Rev. Date: t 1/2006 OPSS.61UPq 100 .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. Notwithstandrrg the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the vadous tender items and no additional payment shall be made. .Ofi 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 constmcts a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the constnicfion of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration 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 mo way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Properly, dealing with the Contrectols responsibility for damage claims, except for Gaims arising on sections of Highway within the Working Area that are being maintained by others. GC T.OS Access to Properties Adjoining the Work and Interruption of Utility Services .01 The Contractor shall provide at all limes and at no extra cost to the Owner. a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves, and all other Utilifies 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 intertuptions so as to create a minimum of interference to Orose 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 cbsing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits speafied in paragraph GC 7.09.01. Page 41 Rev. Date: 112008 OPSS.rdUNl 100 i GC T.10 Suspaltaion of Work .Oi The Contractor shall, upory write notice from the Contract Administrator, discontinue or delay any or all of the Work and work;shaA not be resumed until the Contract Administrator so directs in writing. Delays, in these ctrcumstatDt>as, shall be admktistered according to subsecttia~ GC 3.0T, Delays. GC 7.11 CoMratttor's Right to Stop the Work or Terminate: the Contract .01 ff the Owner is adjudged bankrupt or makes a general assignment for the. ber~fit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Gontrailor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. .02 If the Work is stopped or Otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was riot issued as the result of an act or fault of the Contractor or of anyone directly empbyed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Cdtificafipn and Paymen4 the amounts certified by the Contract Administrator or within 30 Days of an avlerd by an arbitrator or court; or c) the Owner violates the gequirements of the Contract. .04 The Contractofs written notice to the Owner stroll advise that if the defaultis not corrected in the 7 Days immediately following receipt of the written notice. the Contractor may. without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .OS if the Contractor terminates the Contract under the con~tions set out in st~seilion GC 7.11, the Contractor shah be entitled to be paid for all work pertormed according to the Contrail Doarments and for any tosses or damage as the Contractor may sustain as a result of the ternlnation d' the Contract. t3C 7.12 Notices py the Contractor .01 Before work is carried out !hat 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 boar! or corrtmissiort thereof, and in addition to such notices of the cemrnencement of specfied opere~rts as are prescribed elsewhere in the Contrail Documents, the Contractor shah give at least 48 hours advance written notice of the date of commenc~nent of such work to the person, company. ~rtnership, corporation, board, or commission so affected. .02 in the case of damage to or interference with any WtiNties, pole lines, Pipe lines, conduits, farm tiffs, or other public or privately owned works or property, the Contractor shah immediately notity tits Owner, Contract Administrator, and the owner of the works of the location and details of such damage or iMerterence. PaOs 42 Rev. Date: 17/2006 OPSSMtNII'tOp GC T.13 Obstrudiorrs .Ot Except as otherwise noted in these Generet 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 ariy Highway or-road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any daim against the Owner for any loss, damage, or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man-made object, the Contractor shall not t1e required to assume the risks and responsibilities arising out of such obstruction, unless the Iocetion of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within tl1e tolerance specified to 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, tt 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 tl1e necessary care in COnstnJdion operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .Ot 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 cerry out operations under the Contract on Saturdays, Sundays, and Statutory Hdidays .without permission in writing from the Contract Administrator. .02 The Contractor shall cooperete and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be alkrvued access to their work or plant at all reasonable times. GC T.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus ma~dals, toils, construction machinery and equipment not required for the performance of the remaining Worts. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and have the Work and Working Area dean and suitable far occupancy by the Owner, unless otherwise spedfied. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery, and equupment. The Contractor shall also have removed debris, other than that caused by ti1e Owner, or others. GC T.16 Warranty .01 Unless otherwise spedfied 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 pertntt such perfomrance. .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or defidendes in the Work that appear, a) prior to and during fhe period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Perfom>arrce of the Work, Page 43 Rev. Date: 11/2006 OPSS.MUNI 100 b) where the work is completed after the date of Substantial Pertormance, 12 .months- after Completion of the Work, c) where there is no Certificate of Substantial Pertormance, 12 months from fhe date of Completion of the Work as set out in the Completion Certificate, or d) such longer periods as may be specified in the ConfraG Documents for certain Materials or some of the Work. The Contract Administrator shalt promptly give the Contractor written notice of observed defects or defiaencies. .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 orderiy, competent, and skilNul workers to do the Work and whenever the Contract Administrator shah inform the Contractor in writing that any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shell be removed from the work and shall not be empbyed on the work again without the consent in writing of the Contract Administrator. GC 7.18 Drainage .01 During construction and unW the Work is completed, the Contractor shall make all r~sonabte efforts to keep all portions of the Work properly and efficiently drained, to at leasE the same degree as that of the existing drainage conditions. X44 rx~r.uaro: ttrzoos owss.Mtxatoo I; SECTION GC 8.0 -MEASUREMENT AND PAYMENT GC 8.D7 Measurement GC 8.01.01 Quantities , .Ot The Contract Administrator shall make an Estimate once a rtwnth, 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 I 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 pertomied may be either by Actual Measurement or by '~I Plan Quantity principles as indicated in the Contr~t. 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 AcWal 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 kem 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 cese 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 reastmably 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 profR and applicable overhead. b) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor is less than 85% of the tender quantity, the Contractor may make a written .request to negotiate for the portion of the actual overheads and fixed costs applicable to the , amount of the underun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100°k of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may , be audited by the Owner. Altemativety, 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 page 45 Rev. Date: 1112006 OPSS.MUNI 100 d GC 8.02 Paymatt GC 8.02.01 Price for Work .01 Prices for the Work shah be full compensation for all tabour, Equipment and Material required in its performance. The term "ant labour, Equipment, and MateriaP shall include Hand Tools, supplies, and other inddentals. .02 Payment for work not specificelty detailed as part of any one item and without specified. details of payment shall be deemed to be included in the items with which it is assocated. GC 8.02.02 Ativankte Payments for Malarial .Ot The Owner shall make advance payments for Material intended for incrxporefion in the Work upon the written request of the Contractor and according to the following terms and condi0ons: 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 storm fadlities. b) The value of aggregates, processed and stockpiled, shall be assessed by Ste folowing procedure: i. Sources Other Than Commerce! (1) Grenular A, B, BI, BII, BIII, M, and O shall be assessed at the rate of 80% 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 stocl~iled. ii. Commercial Sourps Payment for separated coarse and fine aggregates shall be considered at the above. retie when such materials are stockpiled at a commercial source where furtlter processing is to be carried out before incorporating such materials into a final product Advance payments for other materials Joceted at a commercial source shall not be made. c) Payment for all other materials, unless otherwise specfied 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 Mailerials shall be prorated against the appropriate terWer item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80% of the Confrad price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage locafion immediatety upon receipt of the material and shall thenceforth be held by the Contrador in trust for the Owner as oollaterel security for any monies advances! by the Owner and for the due completion of the Work. The Contractor shall not exerctiae any act of ownership inconsistent.with such security, ar rerrwve any Material from the s~rage bca8ons, except for inclusion in fhe Wark, without the consent. in wri0ng, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for arty ices, damage, theft, improper use, or destntdion of the material however caused. .02 Where the Owner makes tadvartce payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute akx~eptance of the Material by the Owner. Acceptance shall only be determined when the material meeffi the requirements of the appropriate specification. Page ~ Rev. Date: 17!2008 OPBS.MtX~a 400 GC 8.02.03 Certification and Payment GC 8.02.03.07 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 Contred Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate shah show, a) the quantities of Work performed: b) the value of Work performed; c) any advanced payment for Material; d) the amount of statutory hctdbadc, liens, Ownet's setoff; 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 Subcadraet Completbn .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontred is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator shall issue a CertifKxte of Subcontract Completion, iF the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subconlrect have been certied out and the results are satisfactory. .03 The Contract Administrator shall set out in the Certficete 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 sha0 give a copy of the certficete to the Contractor and to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .Ot Fopowing receipt of the Certficete of Subcontract Completion, the Owner shaft 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 Ownar from all furOrer claims relating to the subrAntrad, 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; Page 47 Rev. Date: 1tf2006 OPSS.rrtt1N1100 c) a satisfactory clearen~e certificate or letter from the Workplace Safety and Insurance Board relating ro 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 appty to lump Sum Items and then only when the Contract Adminisfretar speafically requests it. .03 Upon receipt of the statutory holdback, the Confrecor shall forthwith give Ore Subcontractor the payment due under the subcontrec: .04 Release of statutory holdback by the Owner in respect of a subcorttrec shall not relieve the Contractor, or the Conractor's Surety, of any of their responsibilities. GC 8.02.03.04 Cert'rfication of Sutrstantisl Psrtormancs .01 Upoh application by the Contractor and when the Contract Administrator has verified that the Contract has beat substahtiaUy performed, the Contract Administrator shall issue a Certificate of Substantial Performance. .02 Upon verifying that the Contract has been substantially performed, the. Contract Administrator shay issue a certificate of Substantial Performance and shag set out in the Certificate of Substantial Performance the date on wrtich the Confrec was substantially perforated and, within 7 Days after signing the said certificate, Ste Contract Administretor shall provide a copy ro the Contradror. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contracror shall forthwith, as required by Section 32j1} Paragraph 5 of the Construct/at Lien Act, R.S.O. 1990, c.C.30, as amended, publish a cloy of the certificate in a construction trade newspaper. Such publication shalt include placement in the DaNy 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. .OS 6kcept as otherwise provided for in Sedrort 31 of the Constnrction Lien Ad, the 45 Day lien period prior ro the release of hot~ack as referred ro in louse GC 8.02.03.05, Substantial Performance Paymant and Statutory Holdback Release Payment Certificates, shay commence from Ore date of publ~ation of the Certificateaof Substantial Performance as provided for above. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Perfornartce, the Contract Administretor 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 ro the date of Substantial Performance; b) Ore value of outstanding or incomplete Work; c) the artount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respectof completed subcontracts and deliveries of pre•selecNd equipment; ~ ~ a.v. bate: ttnaos oass:eturs too d) the amount of maintenance sewrily required; and e) the amount due the Contractor. .03 Payment of the arrount certified shall be made within 30 Days of the date of issuance of the payment cert'fiicete. .04 The Substantial Pertortnance Statutory Hddback Release Payment Certificate shall be a payment certificete releasing to the Contractor the statutory hddback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory hddbadk shall be due 46 Days after the date d publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13, Claims, Negotiatlons, Mediation; b) a staWtory decaration in a form satisfactory to the Contrail Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory hddbacks properly retained; c) a satisfactory Certificate of Gearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Perfomwnce. GC 8.02.03.06 Certification of Completion .07 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has.reached Completion, the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdt7adk Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate. the Contrail Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Hddback 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 hddback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Hddback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory hddback. 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 fdbwirtg documents: Page t9 Rev. Date: 17!2006 OPSS.MUN1100 a} a release by the Contractor in a form satisfactory to the Contracl A~ninistrator 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 Adrrdnistrator that all liabilities incurred by the Contractor and the Contractor's SubrTontractors in cenYin9 out the Contract have been discharged, quagYied 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 .Ot Interest due the Contractor is based on simple. interest and is calculated using the applicable Rate of Interest GC 8.02.03.09 Interest for Late Payment .Ot Provided the Contractor 'has complied with the requirements of the Contract; including afi documentation requiremenfs, when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by fhe Owner, then the Contractor shah be enti0ed to receive interest on the outstanding payment at the Rate of Interest, if payment is rrot received on the dates set out below: a) Progress Payment CerBficates: 30 Days after the Cut-OTf Date; b) Certificate of Subkxmtrac 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 subcontrac was corpleted; d) Substantial Pertormance Payment Certificate: 30 Days after the date of issuance of the certificate; e) Substantial Performar~ 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 Cerlficete: 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, irtdud'mg ail documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest sha0 only begin to ackxue when the Contracor has completed those requirements. Page ~- Rev. Date: 11/2006 OPSS.MUM 100 GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to daim and the subsequent claims are submitted in accordance with the time limits or procedure or both described by subsectan GC 3.13, Claims, Negotiations, Mediation, the Owner shalt pay the Contractor the Rate of interest on the amount of Ote negotiated price for that part of the Work or on the amount of the settled 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 daim within the time limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to cerrply with the 30 Day time limit and Ole procedures prescribed in paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for Ole delay period. GC 8.02.03.11 Owner'a Set-Off .01 Pursuant to Section 12 of the Construdart Lien Act, Ole Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities, including the cost to remedy deficiendes, the reduction in value of substandard portions of Ole Work, claims for damages by third parties That have not been determined in writing by the Contractor's insurer, undetermined Gaims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these dreumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Tlme and Malarial Basis GC 8.02.04.01 Definitions .01 For the purpose of clause GC 8.02.04 the following definitions apply: Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and howdy 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 enfire Work or any wages, salary, or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices far the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for compleOng the Work, as shown by itemrlized 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. Page 51 Rev. Date: 11/2008 OPSS.MUNI 100 Payroll Burden means the .payments in respect of workplace insurance, vacation pay, empbyment insurance, public Nability and property damage insurance, sickness and accident insurance, pension fund, and such other welfare and benefit payments funning part of the Contractor's normal labour ousts. 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 "assocate" is defined by the Securities Act, R.S.O. 1990, c.S.S, as amended, and is approved by the Contract Administrator: Road Work means the preparation, construction, finishing, and constructai maintenance of roads, streets, Highways, and parking lots and indudes aN work incidentals thereto oOier than work on structures. Sewer and Watermain Work means the preparetion, construction, finishing, and construction maintenance of sewer systems and watermain systems, and inGudes all work incidental thereto other than work on structures. Standby Time means any pendd of time that is not considered Working Time and which togeOuer with Oue Working Time does not exceed 10 hairs in any one Working Day and during whidi 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 opereble condition. Structure Work means Ole construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of arty bridge, building, tunnel, or retaining waN and indudes Ole preparation for and Ore laying of the foundation of any bridge, building, tunnel, or retaining wall and the instaNation of equipment and appurtenances incidenral thereto. The 127 Rate means the rate fray a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Ganstruuction Equipment, Including Model and Specifxxtion Reference, that is current at Ore time Ore work is carried out or for Equipment Oust is not so listed, the rate that has. been ca~ulated by the Owner, using the same principles as usetl in detemtining The 127 Rates. Work on a Time and Material Basle means Changes in the Work, Extra Work, and Additional Work approved by the Contract Admirdstrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to aN the terms, conditions, Standard Specifications and provisans of Ole 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 immediatety folbwing period during which the unk is not so engaged but during which the operation is oOuerwise proceeding and during wh~h time tfue unit cannot practicalty be transferred to other work but nwst 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 Daily Work Recede .01 Daily Work Records, prepared as the case may be by Ether the Contractor's representative or the Contract Administrator reporting the labour and Equipment employed and the Mater~l used on each Time and Material project, should be reconciled and signed u~du Day by both the Contractor's representative and Ore Contrail AdminisTretar. If it is not possible to reconcile the Dairy Work Records, then the Contractor shah suMNt the un-reconcNed Daily Work Records with its claim, whereby the resoluuticn of Ora dispute about the Daily Work Records shall not be resolved until there is a resdution of the Gaim. ~B ~ txe~,. wt~: t moos oPSS.trxrntt too Gc s.o2.oao3 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 Cartrecta 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 Payrctl Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and 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 Payment for Equipment GC 8.02.04.06.07 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 folbws: a) Cost $10,000 or Tess - no adjustment: b) Cost greater than $10,000 but not exceeding 520,000 -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 Ole 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 Ore invoice pdce prior to the use of the Rented Equipment. .03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used ~ Ore Work on a Tune 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 .Ot The Owner shall pay the Contractor for Standby Timm of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shalt pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by Pape 53 Rev. Dab: 7112006 OPSS.MUNI 100 the Contract Administrator{, This shah incude Rented Equipment intended for use on otherwork,-but has been idled due to the ~iroumstances giving rise to the Work on a Tune and Material Basis: .02 In addition, the Owner shah include the Cost of labour of operators or associated labourers who cannot be otherwise empbyed during the standby period or during the period of idleness caused by the arcumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the arcumsfances giving rise to the Work an Time and Material Basis to be returned to the lessor until the work requking the equipment can be resumed The Owner shall pay such costs as a result from such return. .04 When Equipment is transpprted, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Materiel basis, payment shah 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 shah be subject to the approval of the Contract Administrator. GC 8.02.04.07 Paymartt for Hand Tools .01 Notwithstanding any other provision of this Section, no payment shall ba made to the Contractor for or in respect of Hand Tools. or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, m be perfonned by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Tetra and Material Basis by the Subcontractor calculated as ff 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 ~ $10,000. .02 No further markup shah be applied regardless of the extent to which the work is assi~ed or sublet to others. If work is assignad;or sublet to an assodate, as defined by the Securities Acf, no markup whatsoever shall be applied. taC 8.02.04.09 Submbsion of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the appNcable labour and Equipment rates not already submitted to the Contract Administrator during the course of such work. .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Accounts on a Time and Material Basis." Each summary shah include the Change Directive or Change Order rwmber and. rrovering dates of the work and shah itemize separately Ura labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges inrxrrred by the Contracts on the Work on a Time and Material Basis shall be included with each summary. P89B 54 Rev. tam: t trtoos oPSS.MUrtr too .03 Each month the Contrect 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 Contractors 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 completion 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 Contrector 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 .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 ali known deficiendes have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. GC 8.02.00 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 ddng any part of the Work to pay the workers en~loyed by the Subcontrector on the Work in accordance with paregraph GC 8.02.06.01. .03 Whera any person employed by the Contractor or arry Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in accordance with clause GC 8.02.03.11, Owner's Set-Olt. GC 6.02.07 Records .01 The Contractor shall maintain and keep accurate 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 suds original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is kxrger. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Wor1c, 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. pie r~r Rev. Dare: 1712006 OPSS.MUNI 100 GC 8.02.08 Tars .Ot Where a change in Canadian Federal w Provindal taxes ocrxus after the date of tender dosing for this Contract, and this dtange could not have been antidpated at the time of bidding, the Owrter shall increase or decrease Contrail payments to account for the. enact amount of tax change invohred. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor ib 1he Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such daims for addifiatal tax costs shall ba; submitted rat less than 30 Days after the date of Final Acceptance. .03 Where the Contractor benefits from a change in Canadian Federal or Provindal taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shag be submitted not later ttran 30 Days after Final Acceptance. .04 .Changes in Canadian Federal w Provindal taxes that impact upon commodities, which when left in place form part of Ote finished Work. w 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 w a Subcentr~tor, are subjeil to a claim w benefit as detaged above. Services in the fitter context means the supply and operation of equipment, the provision of labour, and the supply of commodities that do not form part of Cre Work. GC 8.02.09 Llquldafpd Damages .01 When liquidated damages ere specified .in the Contract and the Contractor fails to complete the Work in accordarxe with the Contract, the Contractor shag pay such anaunts as are spedfied in the Contract Documents. Page ~ Rev. Date: t 712006 OPS.R.tAUNI t00