HomeMy WebLinkAbout2009-008THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009-008
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Rutherford
Contracting Limited, Gormley, Ontario, to enter into agreement
for the Beech Avenue Reconstruction, Bowmanville, Ontario.
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, Rutherford Contracting Limited, Gormley, 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 12th day of January, 2009.
By-law read a third time and finally passed this 12th day of January, 2009.
.,~~ Via-
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
HIGHWAY 2, STREETSCAPE AND
STREET LIGHTING IMPROVEMENTS,
BOWMANVILLE
CONTRACT NO. CL2008-31
November 2008
AECf7~
Project No. 12-29701
LeadBng the Way
Vendor:
RUTH0001
RIJTHERFORD CONTRACTING LTD.
27 CARDICO DRIVE
GORMLEY ONTARIO LOH 1G0
^ Changed Since the Previous Revision
Pur~riase Order
Purchase Order No. 04795
Date 3/6/2009
Page 1
Ship To:
Municipality of Clarington
40 Temperance Street
Bowmanville Ontario L1C 3A6
Shi in Method Pa ment Terms Con#irm With
DEFAULT DUE ON RECEIPT
UN Item Number Descri tion Re 'd Date U/M Ordered Unit Price Ext. Price
Reference Number FOB
_.
_._,,__.... ~_ ......, m~nnn Qnnn
1 TERMS contract CL2008-31 or~~iLUUa cacn
TERMS Destination
Above in accordance with terms conditions and
specifications of contract #CL2008-31.
1 CL2008-31 St. Light(ng & St. Scape Improvement 5/31!2009 lot
CL2008-31 Destination
To cover all labour, material and equipment
required to complete the street lighting &
streetscape improvements as per specifications of
tender #CL2008-31.
Report: COD-001-09
Council: Approved; January 12, 2009
Req# 3Q52
UUU ~V.VVV Wv.v~
1.000 $1,047,296,930
NOTES:
1) THE VENDOR WILL SUPPLY AND DELIVER GOODS AND/OR SERVICES TO THE CORPORATION
OF THE MUNICIPALITY OF CLARINGTON IN ACCORDANCE WITH TERMS AND CONDITIONS ON
BOTH SIDES HEREOF.
2) NO CHARGES WILL BE ACCEPTED FOR PACKING, GRATING OR CARTAGE UNLESS OTHERWISE
SPECIFIED.
PST
$1,047,296,93
047
78
AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: RUTHERFORD CONTRACTING LTD.
of the Regional Municipality of York and Province of Ontario
hereinafter called the Contractor
~ THE PARTY OF THE FIRST PART
-and -
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
_~
l
hereinafter called the Purchaser
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the 1•irst part, for and in consideration of the payment or payments
~,
~ specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies,
-~ labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described
hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict
accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part
i
of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof
have been embodied herein.
Page 1 of 3
DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Highway 2, Streetscape and Street Lighting Improvements, Bowmanville, Contract No. CL2008-31
Addendum No. 1 dated November 14, 2008
Addendum No. 2 dated November 18, 2008
Addendum No. 3 dated November 19, 2008
A, TENDER FORM: General
Itemized Bid
Bonds
Schedule of Tender Data
B. STANDARD TERMS AND CONDITIONS
C. SCHEDULE'C' -CONTRACTOR SAFETY
D. INSTRUCTIONS TO TENDERERS
E. SPECIAL PROVISIONS -GENERAL
F, SPECIAL PROVISIONS -TENDER ITEMS
G, DESIGN GUIDELINES
H. STANDARD DRAWINGS
1 I. PLANS; Drawings No. L1 - L6, E1 - E6, L7 - L9
J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition
~ra of the following Ontario Provincial Standard Specifications, Region of Durham Standard Specifications
revised May 2005 and Municipality of Clarington Design Guidelines and Standard Specifications - 2004.
OPSS
No. Date OPSS
No. Date OPSS
No. Date OPSS
No. Date
127 A r. 2008 351 Nov. 2005 571 Nov. 2007 609 A r. 2003
128 A r. 2006 355 Nov. 2006 601 Nov. 2004 610 Nov. 2006
206 Nov. 2000 408 Nov. 2007 602 Mar. 1993 614 Se t. 1984
310 A r. 2008 510 Nov. 2006 603 Mar. 1993 615 Nov. 2007
314 Nov. 2004 570 Nov. 2007 604 Nov. 2004 616 Nov. 2001
617 Nov. 2005
K. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006)
All Plans and Documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in accordance
with this agreement on or before the expiration of 45 working days from the date of commencement.
IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor
for all work done, the unit prices on the Tender.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 of 3
IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED and sealed by the Contractor: RUTHERFORD CONTRACTING LTD.
RICt~IAR® HAWtUN~
~~~~~,.-, VICE-Pt~EStpENT
in the presence of
P
Date
`~
~~• ~i ~9
Date
SIGNED and sealed by the Purchaser: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
in the presence of
P:1Dapl 12112.29701\Specs\CL2008.81 -AGR.doc
Page 3 of 3
Date ~~ -~,-~r ~~ C7~`~
i'l'l cc„~ ~~~1~ ~
CONTRACT NO. CL2008-31
MUNICIPALITY OF CLARINGTON
HIGHWAY 2, STREETSCAPE AND STREET LIGHTING IMPROVEMENTS, BOWMANVILLE
ADDENDUM NO. 3
Contractors are hereby advised of the following modifications to Contract No. CL2008-31:
SPECIAL PROVISIONS -TENDER ITEMS
REMOVAL OF ELECTRICAL EQUIPMENT -ITEMS NO. B9 AND D7
On Page 16 under this Item with reference made to "Item B9";
Replace:
"(5) Decorative steel base mounted lighting pole
(10} Decorative luminaire and bracket arm."
with:
_ "(3) Decorative steel base mounted lighting pole
(6) Decorative luminaire and bracket arm."
Under this Item delete the following from Page 17:
"Payment shall also include removal and storage for use elsewhere in the contract of:
{1 ).Decorative steel base mounted lighting pole
(1) Decorative luminaire and bracket arm."
All tenders must be submitted on the basis of these modifications,
This Addendum shall remain attached to and form part of all tenders submitted.
AECOM
513 Division Street
Cobourg, Ontario K9A 5G6
November 19, 2008
P:1Dept 12\12-297011Specs\ADD 3.doc I A~C~"
CONTRACT NO. CL2008-3'1
MUNICIPALITY OF CLARINGTON
HIGHWAY 2, STREETSCAPE AND STREET LIGHTING IMPROVEMENTS, BOWMANVILLE
ADDENDUM NO. 2
Contractors are hereby advised of the following modifications to Contract No. CL2008-31:
ITEMIZED BID
Item No. B3 b) -the quantity shall be revised to read "56".
Item No. B10 c) - "Supply 'C' and Connection" shall be deleted.
Item No. B14 c) -the quantity shall be revised to read "16".
Item No. D8 a) -the description shall be revised to read "Supply `C' and Connection".
SPECIAL PROVISIONS -TENDER ITEMS
Page 16 -REMOVAL OF ELECTRICAL EQUIPMENT -ITEMS NO. B9 AND D7
Under this Item, reference made to "Item D9;" shall be revised to read "item D7:".
DRAWINGS
Drawing E2 -Note 1 -delete "Supply 'D"' and replace with "Supply C",
Drawing E5 - in the upper right table, delete "FLEX" and replace with "RIGID".
Drawing E6 -the last sentence of Note 1 - "Remove and dispose of existing pole. base", shall be deleted. Pole
bases will be reused for new poles.
Ail tenders must be submitted on the basis of these modifications.
This Addendum shall remain attached to and form part of all tenders submitted.
AECOM
513 Division Street
Cobourg, Ontario K9A 5G6
November 18, 2008
AECOM
P:\Depi 12\12-29701\Specs\ADD 2.doc
CONTRACT NO. CL2008-31
MUNICIPALITY OF CLARINGTON
HIGHWAY 2, STREETSCAPE AND STREET LIGHTING IMPROVEMENTS, BOWMANVILLE
ADDENDUM NO. 1
Contractors are hereby advised of the following modifications to Contract No. CL2008-31:
ITEMIZED BID
Pages 10 of 13 and 11 of 13 shall be replaced with the attached pages
DRAWINGS
Drawings No, L1 and L2 -The CTV cable shown in the south boulevard from 0+615 to 0+995 should be shown in
a joint trench with the traffic interconnect duct located 3.4 m from bag of curb.
Drawings No. L2, L3 and L4 - An existing 50 mm traffic interconnect duct is present 1.0 m from back of curb and
is to be added to the drawings.
Drawings L1, L2, L3 and L4 -The following note shall be added to the drawings referencing the existing traffic
ducts: "The Contractor shall locate and protect all existing ducts when excavating for tree trenches, street light
ducts and street light poles."
Drawings No. L7, L8 and L9 -Shall be replaced with attached Drawings L7, L8 and L9.
Drawing No. L1 of 1 (last drawings -Shall be deleted from the tender set.
All tenders must be submitted on the basis of this modification.
This Addendum shall remain attached to and form part of,all tenders submitted.
AECOM
513 Division Street
Cobourg, Ontario K9A 5G6
November 14, 2008
Encl.: Page 10 of 13 and 11 of 13 of Itemized Bid
Note: All replacement drawings will be sent via courier
P:\Dept 12\12-29701\SpecsWDD 1.doc
PROJECT: TENDER FOR CONTRACT NO, CL2008-31
HIGHWAY 2, STREETSCAPE AND STREET LIGHTING
IMPROVEMENTS, BOWMANVILLE
AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT ADMINISTRATOR: AECOM
513 DIVISION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
TENDERER: Rutherford Contracting Ltd.
Name
27 Cardico Drive
Gormley, Ontario LOH 1 GO
Address (include Postal Code)
Tel: 905-888-9444 Fax: 905.888-9445
.Telephone and Fax Numbers
Robert Stephenson
Name of Person Signing
t
Chief Estimator
Position of Person Signing
TENDERS RECEIVED BY: Ms. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1 C 3A6
P:\Dept 12\12-297011Specs\Incomplete\12-29701-TF.doc
Page 1 of 13 pages
TENDER CONTRACT NO. CL2008-31
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No, CL2008-31
Highway 2, Streetscape Improvements, Bowmanville
Dear Mayor and Members of Councit
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described
herein as part of the work to be done under this Contract. The Contractor understands and accepts the
said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender,
hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all
materials, except 'as otherwise specified in the Contract, and to ®mplete the work in strict accordance
with the said Plans, Provisions, Specifications and Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are
subject to increase, decrease, or deletion entirely if bund 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 13 pages
ITEMIZED BID
CONTRACT NO. CL2008-31
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No, CL2008-31 for the following unit prices.
Spec, - 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
MOC - Municipality of Clarington Design Guidelines and Standard Drawings
Item
No. Spec No. Description Unit Quantity Unit Price Total Cost
PART A -STREETSCAPE IMPROVEMENTS -Boswell Drive to Clarington Boulevard
Al 206 Earth Excavation (Grading} m3 1,116 23.00 25,668.00
SP, MOC
A2 510 Removal of Concrete Sidewalk m2 45. 63.09 2,839.05
SP
A3 351 Concrete in Sidewalk m2 1,996 68.72 137,165.12
SP, MOC
A4 355 Interlocking Brick Pavers
SP, MOC a) In Median (Supplied by Others) m2 270 35.28 9,525.60
b) In Median m2 126 85.63 10,789.38
(Supplied by Contractor)
c) Remove, Salvage and Reinstate m2 215 70.56 15,170.40
Existing Brick Pavers
d) Remove and Salvage rp2 98 32.81 3,215.38
Existing Brick Pavers
A5 510 Removal of Asphalt (50 mrn depth) m2 114 19.15 2,183.10
SP in Entrances
A6 314 Provisionalltem t 475 41.42 ~ 19,674.50
SP, MOC Granular'A' for Sidewalks &
Driveway Restoration
A7 310 Hot Mix H.L.-3 in Entrances t 59 203.96 12,033.64
SP, MOC
A8 570 Topsoil m2 5,550 3.12 .17,316.00
SP, MOC
A9 571 Sod (Unstaked) m2 5,550 3.92 21,756.00
SP, MOC
A10 408 Provisionalltem ea 5 365.12 1,825.60
SP, MOC Adjust Existing Water Valves
A11 SP Median Planter Retaining Walls m2 261 329.98 86,124.78
(face area)
A12 SP Supply and Installation of Boulevard
Trees
a) Autumn Brilliance Serviceberry ea 13 319.20 4,149.60
Amelanchierx grandiflora
`Autumn Brilliance ` (50 mm
W.B.)
Page 3 of 13 pages
ITEMIZED BiD
CONTRACT N0. CL2008-31
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2008-31 for the following unit prices.
Spec. - 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
~, MOC - Municipality of Clarington Design Guidelines and Standard Drawings
Item
No. Spec No. Description Unit Quantity Unit Price Total Cost
b) Tatarian Maple ea 19 268.80 5,107.20
Acer tataricum (45 mm W.B.)
c) Autumn Blaze Red Maple ea 10 319.20 3,192.00
Acer x freemanii 'Jeffersred'
(60 mm W.B.)
d) Turkish Hazel ea 8 312.48 2,499.84
Corylus colurna (60 mm
W.B.)
e) Skyline Locust ea 23 359.52 8,268.96
G/editsia triacanthos 'Skyline'
(70 mm W.B.)
f) Prairiefire Crabapple ea 6 267.68 1,606,08
Malux x `Prairiefire' (45 mm
W.B.)
g) Redmond Linden ea 5 299.04 1,495.20
Tilia americans 'Redmond'
(60 mm W.B.)
h) Japanese Zelkova ea 6 305.76 1,834,56
Zelkova serrata (&0 mm W.B.)
A13 SP Supply and Installation of Median
Planter Trees
a) Pyramidal European Hornbeam ea 8 319,20 2,553.60
Carpinus betulus 'Fastigiata'
(50 mm W.B.)
b) Dawcyk Purple Beech ea 5 304,64 1,523.20
Fagus sylvatica
(40 mm W.B.)
c) Princeton Sentry Ginkgo ea 7 389.76 2,728.32
Ginckgo biloba (60 mm W.B.)
d) Pyramidal English Oak ea 7 357.28 2,500.96
Quercus robur 'Fastigiata'
(60 mm W.B.)
A14 SP Supply and Installation of Boulevard
and Median Planter Perennials and
Grasses
a) Stella D'oro Day Lily ~. ea . 447 ~ .20.96 .9,01:1.52
Nemerbcallis x Stella D'oro
(7 gallon pot)
Page 4 of 13 pages
ITEMIZED BID
CONTRACT NO. CL2008-31
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2008-31 for the following unit prices.
Spec. - 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
MOC - Municipality of Clarington Design Guidelines and Standard Drawings
Item
No. Spec No. Description Unit Quantity Unit Price Total Cost
b) Sapphire Fountain Blue Oat ea 423 17.92 7,580.16
Grass, Helictotrichon
Sampervirens "Saphirspudel"
(1 gallon pot)
c) Hughes Juniper ea 172 47.04 8,090.88
Juniperus horizontalis 'Hughes'
(50 cm pot)
d) Dwarf Fountain Grass ea 350 20.16 7,056.00
Pennisetum alopecuroides
'Hameln' (1 gallon pot)
e) Red Switch Grass ea 321 20.16 6,471.36
Panicum virgatum
'Rotsrahlbusch' (1 gallon pot)
A15 SP Supply and Installation of Boulevard
and Median Planter Shrubs
a) Slowmound Pine ea 65 56.00 3,640,00
Pinus mugo 'Slowmound'
(40 cm pot)
b) Dwarf Pavement Rose ea 123 33.60 4,132.80
Rosa 'Zwerg' (50 cm pot)
c) Gold Mound Spirea ea 282. 35.84 10,106.88
Spirea x 'Gold Mound`
(50 cm pot)
A16 SP Triple Mix m3 1,600 50,17 80,272.00
A17 SP Mulch in Boulevard m2 46 7.71 354,66
A18 SP Bonds and Insurance LS 8,326.56 8,326.56
A19 SP Mobilization and Demobilization LS 2,738,40 2,738.40
A20 SP Traffic Control LS 20,104.00 20,104.00
Total Part'A' -Carried to Summary 570,631.29
PART B -LIGHTING IMPROVEMENTS -Boswell Drive to Clarington Boulevard
B1 602 Electrical Mandholes
.. SP a) 300 mm Dia. .~ea 1 3T4.50 374.50
Page 5 of 13 pages
ITEMIZED B!D CONTRACT NO. CL2008-31
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2008-31 for the following unit prices.
i
Spec. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
SP - Refers to Special Provisions
i (P) - Plan Quantify Payment Item
~ MOC - Municipality of Clarington Design Guidelines and Standard Drawings
~7
i
Item
No. Spec No. Description Unit Quantity Unit Price Total Cost
B2 603 Rigid Ducts, Direct Buried
SP a) 1-50 mm m 767 35.31 27,082.77
B3 603 Rigid Ducts, by Subsurface '
SP Installation
a) 2-100 mm m 12 46.01 552.12
b) 1-100 mm m 56 50.29 2,816.24
B4 604 Low Voltage Cables in Ducts
SP a) #4 AWG m 796 6.42 5,110.32
6) #6 AWG m 2,636 5.35 14,102.60
B5 604 Low Voltage Cables Aerial on
SP Messenger
a) #6 AWG m 750 6.42 4,815.00
B6 604 Messenger Cables m 375 5.35 2,006,25
SP
67 609 Ground Wires
a) #6 AWG Insulated (Supplied by m 637 5.35 3,407.95
Contractor)
b) #6 AWG Insulated (Supplied by m 796 4.28 3,406.88
Others)
c) #6 AWG Bare m 22 10.70 235.40
d) #6 AWG Insulated, Aerial m 375 6.42 2,407.50
B8 609 Ground Electrodes ea 15 133.75 2,006.25
B9 610 Removal of Electrical Equipment LS 1,230.50 1,230.50
SP
B10 614 Supply Control Cabinet Assembly
SP
a) Supply'A' and Connection ea 1 4,012.50 4;012.50
b) Connection to Existing Supply 'B' ea 1 1,257.25 1,257.25
'~ ea ~ 'deleted
.
Page 6 of 13 pages
ITEMIZED BID
CONTRACT NO. CL2008-31
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2008-31 for the following unit prices.
Spec. - 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
MOC - Municipality of Clarington Design Guidelines and Standard Drawings
Item
No. Spec No. Description Unit Quantity Unit Price Total Cost
B11 615 Concrete Poles, Direct Buried in
SP Earth
a) 18 ft Decorative (Provisional) ea 20 3,424.00 68,480.00
b) 42.5 ft Round Class'B' ea 10 2,568.00 25,680.00
B12 615 Aluminum Poles, Base Mounted ea 7 2,568.00 17,976.00
SP
B13 615 Guy Anchors ea 6 374.50 2,247.00
B14 617. Roadway Lighting Luminaires and
SP Bracket Assemblies
a) 70W HPS Decorative Street ea 20 1,230.50 24,610.00
Light c/w Decorative
Arm on Decorative Pole
(Provisional)
b) 70W HPS Decorative Median ea 14 1,551.50 21,721.00
Luminaire c/w Decorative Arm
c) 250W HPS Cobrahead c/w ea 16 1,016.50 16,264.00
2.4 m Elliptical Bracket Arm
B15 616 Concrete Footings for Lighting Poles ea 4 1,257.25 5,029.00
B16 SP Bonds and Insurance LS 3,210,00 3,210.00
B17 SP Mobilization and Demobilization LS 1,926.00 1,926.00
B18 SP Traffic Control LS 4,280.00 4,280.00
Total Part'B' ~ Carried to Summary 266,247.03
PART C -STREETSCAPE IMPROVEMENTS -Clarington Boulevard to 300 m East (Provisional)
C1 355 Interlocking Brick Pavers in Median m2 179 85.63 15,327.77
SP, MOC
C2 SP Median Planter Retaining Walls m2 52 329.98 17;158.96
(face area)
C3 SP Supply and Installation of Boulevard
and Median Planter Shrubs .
a) Princeton Sentry Ginkgo ea 6 389.76 2,338.56
Ginckgo blloba (60 mm W.8•)
Page 7 of 13 pages
ITEMIZED BID
CONTRACT NO. CL2008-31
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2008-31 for the following unit prices.
Spec. - 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
MOC - Municipality of Clarington Design Guidelines and Standard Drawings
Item
No. Spec No. Description Unit Quantity Unit Price Total Cost
C4 SP Supply and Installation of Boulevard
and Median Planter Perennials and
Grasses
a) Stella D'oro Day Lily ea 22 20.16 443.52
Hemerocallis x 'Stella D'oro'
(1 gallon pot)
b) Sapphire Fountain Blue Oat ea 28 17.92 501,76
Grass, Helictotrichon
sempervirens 'Saphirsprudel`
(1 gallon pot)
c) Red Switch Grass ea 32 20.16 645.12
Panicum virgatum
`Rotsrahlbusch' (1 gallon pot)
C5 SP Supply and Installation of Boulevard
and Median Planter Shrubs
a} Dwarf Pavement Rose ea 32 33.60 1,075,20
Rosa "Zwerg" (40 cm pot)
C6 SP Bonds and Insurance LS 840.00 840,00
C7 SP Mobilization and Demobilization LS 2,738.40 2,738.40
C8 SP Traffic Control LS 3,018.40 3,018.40
Total Part'C' -Carried to Summary 44,087.69
PART D -LIGHTING IMPROVEMENTS -Clarington Boulevard to 300 m East (Provisional)
D1 602 Electrical Handholes
SP a) 300 mm Dia. ea 1 374.50 374.50
D2 603 Rigid Ducts, Direct Buried
SP a) 1-50 mm m 449 39.59 17,775.91
D3 603 Rigid Ducts, by Subsurface
SP Installation
a)1-100 mm m 96 50.29 4,827.84
D4 .604 Low Voltage Cables in Ducts
SP a) #2 AWG m 15 8.56 128.4.0
Page 8 of 13 pages
ITEMIZED BID
CONTRACT NO. CL2008-31
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2008-31 for the following unit prices.
Spec. - 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
MOC - Municipality of Claringion Design Guidelines and Standard Drawings
Item
No. Spec No. Description Unit Quantity Unit Price Total Cost
b) #4 AWG m 576 6.42 3,697.92
c) #6 AWG m 460 5.35 2,461.00
D5 609 Ground Wires
5P a) #6 AWG Insulated m 518 4.28 2,217.04
b) #6 AWG Bare m 8 10.70 85.60
D6 609 Ground Electrodes ea 4 133.75 535.00
SP
D7 610 Removal of.Electrical Equipment LS 1,284.00 1,284.00
SP
D8 614 Supply Control Cabinet Assembly
SP
a) Supply'C'andConnection
ea
1
4,012.50
4,012.50
D9 615 Concrete Poles, Direct Buried in
SP Earth
a) 18 ft Decorative ea 7 3,424.00 23,968.00
D10 615 Aluminum Poles, Base Mounted ea 5 2,621.50 13,107.50
SP
D11 617 Roadway Lighting Luminaires and
SP Bracket Assemblies
a) 70W HPS Decorative Street ea 7 1,230.50 8,613.50
Light c/w Decorative
Arm on Decorative Pole
b) 70W HPS Decorative Median ea 10 1,551.50 15,515.00
Luminaire c/w Decorative Arm
D12 SP Bonds and Insurance LS 3,210.00 3,210.00
D13 SP Mobilization and Demobilization LS 1,926.00 1,926,00
D14 SP Traffic Control LS 3,959.00 3,959.00
Total Part'D' -Carried to Summary 107,698.71
Page 9 of 13 pages
ITEMIZED BID
CONTRACT NO. CL2008-31
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2008-31 for the following unit prices.
Spec. - 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
MOC - Municipality of Clarington Design Guidelines and Standard Drawings
Item
No. Spec No. Description Unit Quantity Unit Price Totai Cost
PART E -GREEN ROAD STREETSCAPE PLANTING -Baseline Road to Aspen Springs Drive
E1 SP Supply and Installation of Plantings
a) Autumn Blaze Maple, Acerx ea 19 319.20 6,064.80
Freemanii 'Jeffersred'
(60 mm W.B.)
b) Northwood Maple, Acer ea 15 324.80 4,872.00
rubrum 'Northwood' (60 mm
W.B.)
c) Skyline Honeylocust, ea 11 359.52 3,954,72
Gleditsia triacanthos 'Skyline'
(60 mm W.B.)
d) Green Mountain Sugar ea 9 331.52 2,983.68
Maple, Acer saccharum
Green Mountain ` (60 mm
W.B.)
e) Redmond Linden, Tilia ea 13 229.04 3,887.52
Americana 'Redmond' (60 mm
W.B.)
f) Hackberry, Celtis occidentalis ea 10 299.04 2,990.40
(60 mm W.B.)
g) Ivory Silk Lilac, Syringa ea 11 331.52 3,646.72
reticulata 'ivory Silk' (60 mm
W.B.)
h) Sunburst Honeylocusf, ea 2 319.20 638.40
Gleditsia triacanthos
'Sunburst' (75 mm)
i) Autumn Blaze Ornamental ea 10 344.96 3,449.60
Pear, Pyrus calleryana
'Autumn Blaze' (60 mm)
Frans Hals Daylilies, ea 200 20.16 4,032.00
Hemerocallis 'Frans Hals'
(pofted)
k) Hyperion Daylilies, ea 278 20.16 5,604.48
Hemerocallis 'Hyperion'
(potted)
/) Stella D'Oro Dwarf Daylilies, . ~ ea . 192 20.16 ~ ~ .3,870.72
Hemerocallis 'Stella D'Oro `
(potted)
Page 10 of 13 pages
ITEMIZED BID CONTRACT NO. CL2008-31
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified
for Contract No. CL2008-31 for the following unit prices.
Spec. - 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
j MOC - Municipality of Clarington Design Guidelines and Standard Drawings
Item
No.
Spec No.
Description
Unit
Quantity
Unit Price
Total Cost
m) Tufted Hair Grass,
Deschampsia caespitosa
(95 cm pot) ea 94 22.40 2,105, 60
n) Little Bunny Fountain Grass,
Panicum virgatum 'Little
Bunny' (95 cm pot) ea 900 20.16 2,016,00
E2 SP Bonds and Insurance LS 860.37 860.37
E3 SP Mobilization and Demobilization LS 2,738.40 2,738.40
E4 SP Traffic Control LS 4,916.80 4,916.80
Total Part'E' -Carried to Summary 58,632.21
SUMMARY
Part'A' -Streetscape Improvements
(Boswell Drive to Clarington Boulevard)
570,631.29
Part'B' -Lighting Improvements
(Boswell Drive to Clarington Boulevard)
266,247.03
Part'C' -Streetscape Improvements (Provisional)
Clarington Boulevard to 300 m East)
44,087,69
Part'D' -Lighting Improvements (Provisional)
(Clarington Boulevard to 300 m East)
107,698.71
Part 'E' -Green Road Streetscape Planting
{Green Road to Aspen Springs Drive)
58,632.21
Total (excluding GST) 1,047,296.93
GST (5% of Total) 52,364.85
TOTAL TENDER AMOUNT 1,099,661.78
Tenderer's GST Registration No. 8124580911
P:10ept 12\12-29701\Specs\(C1.2008-31-Item Bid (SlgnDocs).xlsjSign Docs
Page 11 of 13 pages
AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL2008-31
Bond No.: 831632-0113-08
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
Rutherford Contracting Ltd.
in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a
Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender
amount, and conforming to the Instruments of Contract attached hereto, for the full and due
performance of the works shown or described herein, if the Tender for Contract No.CL2008-31 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
this 17~" day of November 2008
Aviva Insurance Company of Canada
Name of Bonding Company
Linda Handy
Signature of Authorized Person
Signing for Bonding Company
Attorney-in-Fact
Position
(BONDING COMPANY SEAL)
(This Form shall be completed and attached to the Tender Submitted).
Page 12 of 13 pages
SCHEDULE OF TENDER DATA CONTRACT NO. CL2008-31
The work specified in the Contract shall be performed in strict accordance with the following Schedule;
A. TENDER FORM: General Pages 1 to 2
Itemized Bid
Agreement to Bond Pages 3 to 11
Page 12
Schedule of Tender Data Page 13
B. STANDARD TERMS AND CONDITIONS Pages 1 to 9
C. SCHEDULE `C' -CONTRACTOR SAFETY Pages 1 to 8
~ D. INSTRUCTIONS TO TENDERERS Pages 1 to 6
E. SPECIAL PROVISIONS -GENERAL Pages 1 to 12
~ F. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 27
G. DESIGN GUIDELINES
H. STANDARD DRAWINGS
I. PLANS; Drawings No. L1 - L6, E1 - E6, L7 - L9
J. STANDARD SPECIFICATIONS; It shall be the Contractor's responsibility to obtain the
applicable edition of the following Ontario Provincial Standard Specification$ Region of Durham
Standard Specifications revised May 2005 and M unicipality of Clarington Design Guidelines and
Standard Specifications - 2004.
OPSS
No. Date OPSS
No. Date OPSS
No. Date OPSS
No. Date
127 A r. 2008 351 Nov. 2005 571 Nov. 2007 609 A r. 2003
128 A r. 2006 .355 Nov. 2006 601 Nov. 2004 610 Nov. 2006
206 Nov, 2000 408 Nov. 2007 602 Mar. 1993 614 Se t. 1984
310 A r, 2008 510 Nov. 2006 603 Mar. 1993 615 Nov. 2007
314 Nov. 2004 570 Nov. 2007 604 Nov. 2004 616 Nov. 2001
617 Nov. 2005
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 all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes X No
By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and
Specifications, for Contract No. CL2008-31, executed by me/us bearing date the 20`h_ day of
November 2008 a we have fully read all related documents to tender data as listed above.
SIGNATURE: ~_-~ POSITION Chief Estimator
NAME OF FIRM Rutherford Contracting Ltd. (COMPANY SEAL)
Privacy Legislation
Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that we
have obtained the CONSENT of any and all employees whose personal infomation we have supplied to the owner in this tender. This
personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional designations
and qualifications. This CONSENT permits the ownerto disclose this personal information to the Engineer (owner or agent) for the purpose of
evaluating our bid. In the event that the tender is successful, this personal information may also be used in project administration, for contact
purposes.
This is Page 13 of 13 Pages to be submitted as the Tender Submission for Contract No.CL2008-31.
CORPORATION OF THE MUN1CiPALITY OF CLARINGTO,N
CONTRACT NO. CL2008-31
STANDARD TERMS AND CONDITIONS
P:\Dept 12\12-29701\Specs\Incomplete\12-29701-T&C.doc
STANDARD TERMS AND CONDITIONS i
The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract
except where noted below.
• Clause 8 of the "Standard Terms and conditions" shall be superceded by Ctause 8,
"Payments" of the "Special Provisions -General" Section of the Contract.
• Clause I S of the "Standard Terms and conditions" shall be superceded by Clause 2,
"Guaranteed Maintenance" of the "Special Provisions -General" Section of the
Contract.
• Clause t6 of the "Standard Terms and Conditions" is not applicable to this Contract.
• Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause
6.03.02 of the OPS General Conditions of Contract (November 2006) which requires a
$5,000,000.00 liability coverage.
• Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 17,
"Workplace Hazardous Materials Information System (WHMIS)" of the "Special
Provisions -General" Section of the Contract..
STANDARD TERMS AND CONDITIONS'.
z
1 • DEFINITIONS
Municipality -The Corporation of the Municipality of Clarington; its successors and assigns.
Bidder-The person; firm or corporation submitting. a bid to the Municipality.
Company -The person, contractor,. firm or corporation to whom the Municipality has awarded the
contract, it successors and assigns.
Contract -The purchase order authorizing the company to erform the work,
alterations, the document and addenda, the bid, and surety. p purchase order
Subcontractor -'A person, firm or corporation having a contract with the. companyfor, oran art of
the work, y p
Document -The document(s) issued by the Municipality in response to which bids are invited to
perform the work in accordance with the specifications contained in the document.
Bid -An offer by a Bidder in response to the documenfissued bythe Municipality.
Work -All labour, materials, products, articles; fixtures, services, su
pplies, and acts required to be
done, furnished or performed by the company, which are subject to the Contract.
2• SUBMISSION OE BID
Bid invitation shalt be in accordance with the Municipality of Clarington Purchasing By-law #2406-
127 and will apply forthe calling, receiving, and opening of bids. The Municipality will be responsible
for evaluating bids; awarding andadministering the contract in accordance with the Purchasing: By-
law.
The bid mush be submitted on the form(s): and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be coveredby any outside wrappings, i. e, courier
enve{oyes or other coverings.
The bid must be signed by a designated signing. officer of the Bidder.
If a joint bid is submitted, it must be signed on behalf of each of the Bidders..
The' bid must be legible,.. written in ink„ or typewritten. Any form of erasure, strikeout orover-writin
must be initialled by the Bidder's authorized signing officer.
9
The bid must not be restricted by a covering letter; a statement. added, or by alterations to the
document unless otherwise provided herein.
Failure to return. the document or invitation may. result in the removal of the Bidder from the
Municipality's bidder's list
A bid received after the closing date. and time will not be considered and will be returned, uno erred.
Should a dispute arise from the terms and conditions of an p
intenf or ambiguity, the decision of the Municipality shall be final of the contract, regarding meaning,
STANDARD TERMS AND CONDITIONS 3
3. CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are named above,
notwithstanding the chronological order in which they are issued or executed.
The intent of the contract (s that the Company shall supply work which is fit and suitable for the
Municipality's intended use and complete for a particular purpose.
None of the conditions contained in the Bidder's standard or general conditions of sale shall be of
any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase
order.
4. CLARIFICATION OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shall be
requested through the Municipality's contact identified in the document. Any such clarification so
given shall not in any way alter the document and in no case shall oral arrangements be considered.
Every notice, advice. or other communication pertaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5. PROOF OF ABILITY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date.
6. DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by
the Company as soon as possible and in any event within the period set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of
the delivery ticket or piece tally thereof.
Work shall be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shall be as specified in
the contract.
Time shall be of the essence of the contract.
7. PRICING
Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract.
Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as io
the full requirements of the bid. No claims for extra work will be entertained and any additional work
must be authorized in writing prior to commencement. Should the Company require more
information or clarification on any point, it must be obtained prior to the submission of the bid.
,Payment shall. be full compensation for all costs ,related to the work, including operating and
overhead costs to provide work to the satisfaction of the Municipality. '
STANDARD TERMS AND CONDITIONS
e
Ail prices quoted shall include applicable customs duty, exdse tax, freight, insurance, and all other
charges of every kind attributable to the work. Goods and Services lax and Provincial Sales Tax
sha[1 be extra and not shaven, unless otherwise spedfied herein.
ff the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall,
arrange its shipping procedures so that its agent or representative in Canada is the importer of
record for customs purposes.
Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of
Canada or the Province of Ontario become directly applicable to work specified in this document
subsequent to i#s submission by the Bidder and before the delivery of the work covered thereby
pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the
price of work shall be made to compensate for such changes as of the effective date thereof.
8. TERMS OF PAYMENT
Where required by the Construction Lien Ad appropriate monies may be held back until tat? days
after the complefion of the work.
Paymen#s made hereunder, including final payment shalt not relieve the company from its
obligations or liabilities under the contract.
Acceptance by the company of the final payment shall constitute a waiver of claims by the company
against the Municipality, except those previausiy made in writing in accordance with the contract and
still unsettled.
The Municipality shall have the right to withhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect ar defidency in the work, pending correctfan
of it.
Payment may be made 30 days after delivery pursuant to the Cidder submitting an invoice, contract
requirements being completed and work being deemed satisfactory.
9. PATENTS AND COPYRIGHTS
The company shall, at its expense, defend all claims, actions or proceedings against the Municpality
based on any allegations that the work or any part of the work constitutes an infringement of any
patent, copyright or other proprietary right, arid sktall pay to the Munidpality all costs, damages,
charges and expenses, including i#s lawyers' fees on a solidtor and his awn client basis occasioned
to the Municipality by reason thereof.
The company shall pay all royalties and patent license fees required far the work.
If the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forthwith efther secure for the Munidpality the right io continue using the work or shall
at the company's expense, replace the infringing work with non-infringing rrvork ar modify it sa that
the work no longer iMringes.
10. ALT„>sRNATES
Any opinion with regard to .the use of a proposed alternate determined by the Munidpality shall be
final. Any bid proposing an alternate wilt not be considered unless otherwise specified herein.
11. EQUIVALENCY
Any opinion determined by the Municipality witkrrespect to equirralency shall be final.
12. ASSIGNMENT AND SUBCONTRACTING
The company shall not assign or subcontract the "contract a~ any portion thereof without the .prior 1
written consent of the Municipality. ' ~' {
i
STANDARD TERMS AND CONDITIONS s
13. FiNANtrING INFORMATION REQUIR(=D OF THE COMPANY
The Munk~ality is entitled to request of the Company to furnish reasonable evidence that firrandal
arrangements have been made to fulfill the Company's obligations under the Contract.
14. lAW$ AND ~~Gt~
~TloNS
,
The company shall comply with relevant Federal, Provindal and Municipal statutes, regulations and
by-caws pertaining th the work and its performance. The company shall be responsible for enuring
similar compliance by suppilers and subcontractors.
The contract shall be governed by and interpreted in accordance with the laws of the Province of
Ontario.
15. CORRECTION OF DEF£fT5
if at any time prior to one year after the actual delvery date or comple#ion of the work (or specified
warranty/guararrtee period if longer than one year) any part of the work becomes defective or is
deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the
requkements of the contract, the company, upon request, shat! make good every such defect,
deficiency or failure without cost to the Municipality. The company shall pay all transportation costs
for work both ways between the wmpany's factory or repair depot and the point of use.
16. BID ACCirPTANCE
The MunidpaNty reservQs the right to award by item, or part thereof, groups of items, or parts
thereof, or aq Rams of the bids and to award contracts #o one or more bidders submitting iderstical
bids as to price; to acxept or reject any bids in whole or in. part; to waive irregularities and omissions,
if in so doing, the best interests of the Municipality will be served. No Nabgity shall acenae to the.
Muniapaiity for its derision in this regard.
Bids shag be irrevocable for 9l7 days after the off~ial dosing time.
The plating in the mail or delivery to the Bidder's shown address given in the bid of a notice of award
to a bidder by the Municipality shall constitute notice of acceptance of contract by the-Muniapality to
the extent described in the notice of award.
.~.
17. DEIrAIiLT i3Y GOMPANY _...
a. If the company: commits any act of bankruptcy; or if a receiver is appointed. on account of
its insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of its creditors; then, in any such case, the Munidpality may,
without notice: terminate the contract. _ .
b. !f the company: fails to comply with any request, instruction or order of the .Munidp~ity; or
fails to pay its accounts; or fails to comply with or persistently disregards statutes,
regulations, by-laws or directives of relevant authorities relating to the work; or fails tv
prosecute the work with skill and diligence; or assigns or sublets the contract or any portion
thereof without the Munidpafity's prior written conent; or refuses io correct defective work;
or is otherwise in default in carrying out its part of any of the terms; conditions and
obligations of the contract, then, in any such case, the Muniapality may, upon expiration of
ten days from the dale of written notice to the company, terminate the contract.
c. Any termination of the contract by the Municipality, as aforesaid, shall be.without prejudice
to any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto.
CI
,`':
STANDARD TERMS AND COND{TIONS 6
d. If the Municipality terminates the contract, it is entitled to:
i) take possession of all work ih progress, materials. and construction equipment
then at the project s{te (at no additional' charge for the retention or use. of the
construction equipment), and finish the work by whatever means the Municipality
may deem appropriate under the circumstances;
ii) ;withhold. any further payments to the company until the completion. of the work
and the expiryof all obligations under the Correction of Defects section;
iii) recover from the company loss,. damage and. expense incurred by the Municipality
by reason of the company's default (which may be deducted' from any monies due
or becoming due to the company, any balance to be paid: by the. company to the
Municipality):
18. CONTRACT CANCELLATION
The Municipality shall have. the right, which may be exercised. from time to time, to cancel any
uncompleted or unperformed: portion of the work or part thereof.. Ih' the event of such cancellation,
the Municipalityand the Company may negotiate a settlement: The Municipality shall not be liable to
the Company for loss of anticipated profit on the. cancelled portion. or portions of the work..
19. QUANTITIES
Unless otherwise specified herein, quantities are shown as approximate,. are: not guaranteed to be
accurate; are furnished-without any liability on behalf of the. Municipality. and: shall. be used as a basis
for comparison only.
Payment will be by the unit complete at the bid price om actual quantities deemed acceptable by the
Municipality,
20. SAMPLES
Upon request; samples must be submitted strictly in accordance with instructions. If samples are
requested subsequent to opening of bids, They shall be delivered within three (3) working days
following such regtaest; unless additional time is granted,. Samples must be submitted free of charge.
and will be returned'at the bidder's expense, upon request, provided they have not been destroyed
by tests, or are not required for comparison purposes>
The acceptance of samples by the Municipality shall be at its sole discretion and any such
acceptance shall in no way be construed to imply relief of the. company: from its obligations under the -
contract:..,
Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable;
21, SURETY
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to
satisfy surety requirements by providing.. a deposit in the form of a certified cheque, bank draft or
money order or other form of surety; in an amount determined by the Municipality.. This surety may
be held by the Municipalityuntii 60 days after the day on which all work covered by the contract has
been completed and' accepted. The surety may be returned before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out
the work have expired'or have been satisfied. and that. a Certificate of Clearance from the WSIB -
Workplace Safety Insurance Board has been received.
The company shall, if the Municipality in its absolute discretion so desires, be required 10 satisfy.
fidelity bonding requirements tiyproviding: such bonding in an amount and form determined by the
.. Municipality.
Failure to furnish required surety within two: weeks from date of request. thereof by the Municipality
shall make the award of the Contract by the Municipality subject to withdrawal.
STANDARD TERMS AND CONDITIONS
22. WORKPLACE SAFETY AND INSURANCE BOARD
All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety
and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status
as an "independent Operator". Upon request by the Municipality, an original Letter of Good Standing
from the Workplace Safety and Insurance Board shall be provided prior to the commencement of
work indicating ail payments by the Company to the board have been made. Prior to final payment, a
Certificate of Clearance must be issued indicating all payments by the Company to the Board in
conjunction with the subject Contract have been made and that the Municipality will not be liable to
the Board for future payments in connection with the Company's fulfilment of the contract. Further
Certificates of Clearance or other types of certificates shall be provided upon request.
For Independent contractors /Owners /Operators who do not have WSIB coverage, the following
shall be provided upon request by the Calling Agency:
Single Independent Contractors /Owners /Operators shall provide a letter from the Workplace
Safety & Insurance Board confirming independent operator status and identification number. To
obtain this, contractors must complete the form "Determining worker/Independent Operator status",
issued by the Workplace Safety & Insurance Board. (For more information, please contact your
local Workplace Safety & Insurance Board Office and refer to this clause.)
Single Independent Contractors /Owners /Operators must also provide a certificate from the
- Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage.
The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage.
23. INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance including
premises and all operations. This insurance coverage shall be subject to limits of not less than
$3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such
other coverage or amount as may be requested.
The policy shall include the Municipality as an additional insureds in respect of all operations
performed by or on behalf of the Company. A certified copy of such policy or certificate shall be
provided to the municipality prior to commencement of the work, Further certified copies shall be
provided upon request.
24. LIABILITY
The company agrees to defend, fully indemnify and save harmless the Municipality from all actions,
suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury
including death to any person and all damage to any property which may arise directly or indirectly
by reason of a requirement of the contract, save and except for damage caused by the negligence of
the Municipality or its employees.
The Company agrees to defend,. fully indemnify and save harmless the Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality
or any of its employees shall be made a party to any charge under the Occupational Health and
Safety Act in relation to any violation of the Act arising out of this contract.
25. VISITING THE SITE
The Company shall carefully examine the site and existing building and services affecting the proper
execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions.
.. No claim for extra payment will be allowed.for.work or difficulties encountered due to conditions of
. ' the site which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respect.
STANDARD TERMS AND CONDITIONS a
26. SAFETY
The Company shall obey aN Federat, Provincial and Municipal Laws, Act, Ordinances, Regulations,
Orders-in-Council and By-laws; which: could in any way pertain to the work outlined in the Coniract
or to the Employees of the Company:
Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements
imposed by the Occupational; Health and Safety Act and Regulations made thereunder, on a
contractor, a Constructor and/or' Employer with respect to or arising out of the performance of the
Company's obligations under, this Contract:
The Company shall be aware of and conform to all governing regulations including those established
by the Municipality relating to employee health and safety. The Company shall: keep employees and
subcontractors informed of such regulations.
The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied
Hazardous Materials.
27. UNPAID ACCOUNTS
The company shall: indemnify the Municipality from all claims arising out of unpaid accounts relating
to the work. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments; claims, demands, charges or other encumbrances.
28. SUSPENSION OF WORK
The Municipality `may, without invalidating the contract, suspend performance by the company from
time to time of any part yr all of the work for such reasonable period of time as the: Municipality may
determine:
The resumption 'and completion of work after the suspension shall be governed by the schedule
established by the Municipality,
29. CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the. application of Unit prices to the quantum of such increase or
decrease;: or in the absence of applicable unit. prices,. by an amount to be agreed upon between the
Municipality,, and, the Company.. All such. changes shall be in .writing and approved by the
Municipality,,
30. CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell' goods or services to the Municipality
in accordance with the Municipality of Clarington Policy or have. a direct or .indirect interest in a.
Company or own a Company which sells goods or services to the Municipality.
31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)
All correspondence, documentation, and' information. provided to staff of the Municipality of Clarington
by every offerer, ihcluding the submission of proposals, shall become the property of the Municipality,
and as such, is'subject to the Municipal Freedom of Information and Protection of Privacy Act, and
may be subject to release pursuant to the Act..
Offerers are reminded to identify in their proposal. material any specific. scientific, technical,
commercial, proprietary, or similar confidential information, the disclosure of which could cause them
injury. Complete proposals are not to be identified as confidential.
32: CRIMINAL BACKGROUND CHECKS
"The successful service provider covenants and agrees to provide the Municipality of Clarington, or
such other entity as the Municipality may designate,. with written consent to perform a criminal
STANDARD TERMS AND CONDITIONS
background check including Criminal Code (Canada) convictions, pardoned sexual offences,
records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and
Food and Drugs Act and all outstanding warrants and charges for every individual who may come
into direct contract with youth or who are permitted entrance to private or restricted areas or
residences. This will be done at no cost to the Municipality and any such requested document will
be submitted to the Municipality in its true form in advance of commencement of work.
The Municipal issued identification card must be worn when individuals are at a site where there is
direct contact with youth or where access to any private or restricted area is anticipated. The
Municipal identification card is valid for the term of the contract only or a one year term, whichever
comes first. Under the terms of the contract, the Municipality has the sole and unfettered discretion
to prohibit an individual from coming into direct contact with youth or entering a private or restricted
area on a regular basis and to terminafe the contract if the bidder/partner fails to obtain or renew
the Municipal identification cards according to Municipal policy and procedure.
The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately
and unilaterally and without penalty to the Municipality should the service provider fail to provide
the required documentation or otherwise adhere to this procedure. "The Chief Administrative
Officer has the final say in determining any final action."
CORPORATION OF THE MUNICIPALITY OF CIARINGTON
CONTRACT NO. CL2008-31
SCHEDULE `C'
P:\Dept 12\12-29701 \Specsllncomplete\CL-Schedule (C),doc
1
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE
POLICY:
Contractors and Sub-contractors are responsible to ensure that their personnel are
updated on all safety concerns of the workplace and are aware of the safety
requirements as required by the Con#ractor under the Occupational Health and Safety
Act. Safety performance will be a consideration in the awarding of contract, Under the
Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's
responsibility to ensure that:
• the measures and procedures prescribed by the Occupational Health and Safety
Act and the Regulations are carried out on the ro'ect;
• every employer and every worker performing work on the ro'ect complies with
the Occupational Health and Safety Act and the Regulations (under the Act); and
• the health and safety of workers on the rp oiect is protected,
I
• Where so prescribed, a constructor shall, before commencing any work on a
_ ~ project, give to a Director notice in writing of the project containing such
information as may be prescribed.
DEFINITIONS:
Contractor -any individual or firm engaged by the Municipality to do work on behalf of
the Municipality.
Project - means a construction project, whether public or private, including,
j the construction of a building, bridge, structure, industrial establishment, mining
plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway,
parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph,
i telephone or electrical cable, pipe line, duct or well, or any combination thereof,
i
• the moving of a building or structure, and
• any work or undertaking, or any lands or appurtenances used in connection with
construction.
Construction -includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, trenching,
digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant,
and any work or undertaking in connection with a project.
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 alt or part of a projectby himself or by more than ohe 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 alist`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 lisf of designated
substances/hazardous' 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 safetydata sheets.
d) Before awarding a contract, confractor(s) will be required to complete and sign
the Health and Safety i'ractice Form (Schedule"A"). The Purchasing Office. will
maintain all contractors safety performance records,
e) As part of the. tender/quotation conditions; before award.. of a contract, the
contracfor will be required to provide proof that all workers involved with the
project have the proper WHMIS training, as required by the Occupational Health
and Safety Act.
f} As part of the tender/quotation conditions,. before award of a contract, the
contractor must provide details of their Health and Safety program.
g) The project manager or delegate must provide the successful contractor with a
workplace orientation, which will include,. but not limited to identifying known
potential hazards; hazardous material inventory and material safety data sheets
for the sites; 'A workplace orientation/Job Safety Instruction-Checklist to be
completed (see' Compliance page 9).
h) Before the start of the assignment, the following documentation. will be provided
to the successful contractor; by the project manager or delegate.
i) Copies of the Municipal Corporate Health and Safety Program
i'i) Departmental health and safety policies
iii) Workplace procedures regarding health and safety practices.
3
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
i
i) The contractor has the responsibility to provide any and all prescribed personal
protective equipment for their own workers, to include as a minimum but not
limited to hard hats and safety boots. If a worker(s) fails to comply with any
program, policy, rule or request regarding health and safety, that person(s) is not
allowed on the site until the person(s) complies.
j) The Municipality will retain the right to document contractors for all health and
safety warnings and/or to stop any contractors' work if any of the previously
mentioned items are not in compliance. Similarly, the Municipality will have the
right to issue warnings and/or to stop work if there are any violations by the
contractor of the Occupational Health and Safety Act, Municipal Health and
Safety programs, policies, rules, and/or if the contractor creates an unacceptable
health and safety hazard. Written warnings and/or stop work orders can be given
to contractors using Contractor Health and Safety Warning/Stop Work Order
Form (Schedule "B").
k) Where applicable, the Municipality will retain the right to allow municipal
employees to refuse to work in accordance with the established policy and the
Occupational Health and Safety Act, in any unsafe conditions.
I) The Purchasing Department will maintain current certificates of clearance until all
monies owing have been paid. to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the
project manager or designs#e. This will include identification, evaluation and
control practices and procedures for, hazards and follow-up and issuing of
Contractor Health and Safety Warning/Stop Work Orders.
4
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued... FORM_
HEALTH AND SAFETY PRACTICE
To Contractor(s): environment for all
and safe working environment,
The Municipality of Clarington is committed to a healthy and safe working erate in
workers. To ensure the Ma dospbcontracltors must halve knowledge of and op ertaining to
contractors, constructo other legislation p
compliance with the Occupational Health and Safety Act and any
employee health and safety. erience, please provide the
our company's health and safety exp information noted
In order to evaluate y
accident/incident andlor Workplace. Safet and Insurance Board (WSIB)
below, where applicable.
erimental Experience Rating (NEER)
The New Exp s stem for non=construction rate groups
-The WS18 experience rating y
CAD-7) Rating.
The Council Amended Draft #7 (stem for construction rate. groups
-The WSIB experience rating sy
erformance for the last two years
Injury frequency p
-This may be available from the contractor's trade association
ntractor recewed any Ministry of Labour warnings or orders in the last wo
Has the co
years? (1f the answer is yes, please include the infraction).
Confirmation of Independent Operator Status.
endent operator number assigned:
-The WSIB indep
he letter confirming this status and number from WSIB: With their bid
(Bidders to include t
submission.)
5
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, I/we will comply with all
procedures and requirements of the Occupational Health and Safety Act, Municipal
safety policies, department and site specific policies and procedures and other
applicable legislation or regulations, 1/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, its
subcontractors and their employees,
a) are aware of their respective duties and obligations under the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the "Act"); and
b} have sufficient knowledge and training to perform all matters required
pursuant to this contract/tender safely and in compliance with the Acf.
2. In the performance of all matters required pursuant to this contract/tender, the
contractor/successful tenderer shall,
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act
safely and complying all respects with the Act.
3. The contractor/successful tenderer shall rectify any unsafe act or practice and
any non-compliance with the Act at its expense immediately upon being notified
by any person of the existence of such act, practice or non-compliance,
4. The contractor/successful .tenderer shall permit representatives of the
Municipality and the Health and Safety Committee on site at any time or times for
the purpose of inspection to determine compliance with this contractor/tender.
5. No act or omission by any representative of the Municipality shall be deemed to
be an assumption of any of the duties or obligations of the contractor/successful
tenderer or any of its subcontractors under the Acf.
6. The contractor/successful tenderer shall indemnify and save harmless the
Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which
may result from the contractor/successful tenderer or any of its
employees, its subcontractors or their employees failing to act safely or to
comply in all respects with the Actin the performance of any matters
required pursuant to this contract/tender;
6
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and costs related thereto, brought against the
Municipality by any person>arising out of any unsafe act or practice or any
non-compliance with the:Acf by the contractor/successful tenderer or any
of its employees; its subcontractors or their employees in the
performance of any matter required pursuant to this contract/tender; and
c) from any' and all charges, fines, penalties, and costs that may be incurred
or paid by the Municipality (or any of'its council members or employees)
shall be made a party to any charge-under the Act in relation to any
violation of the Acfarising out of this contract/tender.
Contractor Name of Person Signing for Contractor
.......,.~.J ....... ..............................................................~./.........,.,,
Signature Contr ctor Date
7
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
-,
CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER
The purpose of this form is to: (Issuer to check one of the following)
_ Provide warning to the contractor to immediately discontinue the unsafe work practice
described below
_ Direct the contractor to immediately cease all work being performed under this contract
due to the unsafe work practice described below.
FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A
BREACH OF CONTRACT.
PART "A" -DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
I NAME OF FIRM:
PART "B" -DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
i
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
SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME
WORK RESUMED, FURTHER ACTION-TAKEN, ETC,
i
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
{ CONTRACT NO. CL2008-31
INSTRUCTIONS TO TENDERERS
• P:\Dept 12\12-297011Specs\Incomplete\12-29701-IT.doc
INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-3'1
~ 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
a 10. EXECUTE CONTRACT DOCUMENTS ......................................... ......,......................, 4
11, COMMENCEMENT OF WORK .........................................................................................................4
12. LOCATION ................................................................................................................:...................... 4
13. TENDERERS TO INVESTIGATE ..................................................................................................... 4
14. INQUIRIES DURING TENDERING ................................................................................................... 5
15. AWARD OF THE CONTRACT ........... 5
~ 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR ............. 5
_~ 17. ADDENDA ........................................................................................................................................ 5
18. UTILITIES .........................................................................................................................................5
19. PROVISIONAL ITEMS ........................................................................................:.......................,...., 6
PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO, CL2008-31
1. GENERAL
SEALED Tenders plainly marked "Contract No. CL2008-31"will be received until:
2:00:00 P.M., LOCAL TIME, THURSDAY, NOVEMBER 20, 2008
and shall be addressed to; Ms. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1 C 3A6
Tenders must be time-stamped at the above noted location to be considered. Late
submissions will not be accepted and will be returned unopened without exception.
The use of the mail or courier services for delivery of a Tender will be at the risk of the.
Bidder. The Tender must .come into the possession of the above-mentioned
representative of the Municipality before the deadline for submission or the Tender will be
returned to the Bidder unopened.
In the event that the Tender is hand delivered and is received past the deadline for
submission, the lender envelope will be time stamped and returned unopened to the
deliverer immediately.
In the event that the Tender is received by a means other than `in person' and is received
past the submission deadline, it will be time stamped and returned unopened by courier.
Note: Since Tenders must be submitted in a sealed envelope, submissions by
facsimile or electronic delivery, secured or otherwise, are not acceptable.
The onus unequivocally remains with the Bidder to ensure that Tenders are delivered to
the Municipal Clerk, Clerks Office, 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 incurred, sustained or suffered by any
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-31
2,
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,
2. BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information
requested shall be shown in the tender, in the space provided.
3. TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum
amount defined below, made payable to the Authority, as a guarantee for the execution
of the Contract.
Total Tender Amount Minimum Deposit
Required
$ 20,000.00 or less $1,000.00
20, 000.01 to 50, 000.00 2, 000.00
50,000.01 to 100,000.00 5,000.00
100,000.01 to 250,000,00 10,000.00
250,000.01 to 500,000.00 25,000.00
500,000.01 to 1,000,000,00 50,000,00
1,000,000.01 to 100,000.00
2, 000, 000.00 200, 000.00
2,000,000.01 and over
All deposits will be returned within ten days after the Tenders have been opened except
those which the Authority elects to retain until the successful tenderer has executed the
Contract Documents.
The retained tender deposits will be returned when the successful Tenderer has fully
complied with the conditions outlined in the Contract Documents.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material
Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to
guarantee his faithful performance of this Contract and his fulfillment of all obligations in
respect of maintenance and payment for labour and materials used on this work.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-31
3.
_ Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada
or authorized to carry on business in Canada.
An Agreement to Bond must be submitted with the tender bid. Bonding company
standard "Agreement to Bond" forms are acceptable.
5. RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender
should it be deemed to be in its best interest to do so.
Tenders which are incomplete, conditional or obscure, or which contain additions not
called for, erasures, alterations, or irregularities of any kind, may be rejected as
informal.
Tenders will not be accepted unless submitted in the envelopes provided.
6. UNACCEPTABLE TENDERS
Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered, The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be
considered to be unbalanced, then it will be rejected by the Authority,
7. ABILITY AND EXPERIENCE OF TENDERER
The Authority reserves the right to reject any tender where satisfactory evidence of
sufficient capital, plant and experience to successfully prosecute and complete the work
in the specified time, is not furnished by the Tenderer.
8. PROVINCIAL SALES TAX
Provincial Retail Sales Tax shall be included in tendered prices for material supplied
under this Contract.
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.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-31 4.
10. EXECUTE CONTRACT DOCUMENTS
Tenders shall be open for acceptance for a period of 90 days after the closing date.
After this time the tender may only be accepted with. the consent of the successful
Tenderer.
The successful Tenderer shall execute the Contract Documents and furnish the required
bonds within 10 calendar days of receipt of notification of Acceptance of Tender.
Failure by the successful Tenderer to meet the above requirements will entitle the
Authority to cancel the award of the Contract and to retain the tender deposit as
compensation for damages sustained due to the successful Tenderer's default. The
Authority may then award the Contract to one of the other Tenderers or take such other
action as it chooses,
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site within 7 calendar days of the
official commencement date as specified in the written order issued in accordance with
GC7.01,02 of the General Conditions.
12. LOCATION
The work is located on Highway 2 and Green Road, Bowmanville, Municipality of
Clarington, The work limits are;
• From Boswell Drive. to the east end of the Highway 2 median island, located east of
the Fire Hall east of Clarington Boulevard; and ,.
• Green Road from Baseline Road to Aspen Springs Drive
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 carefully examine all plans and profiles so that the unit prices
tendered are commensurate with the nature of the work.
It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed
works, determine the location of any buried or obstructing services and make
satisfactory arrangements for interference with such service with the proper jurisdictional
agency.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2008-31
14. INQUIRIES DURING TENDERING
5.
The Tenderer is advised that inquiries. regarding the interpretation of the plans or
specifications shall be directed to the Contract Administrator, AECOM, Telephone: 905-
372-2121, attention: Ron Albright, P. Eng., Will McCrae, P. Eng, or John Breward
(Lighting) at 9Q5-668-4021, ext 2310.
15. AWARD OF' THE CONTRACT
The award of this Contract is subject to the approval of the Municipality of Clarington.
16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT
ADMINISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it
shall be interpreted as meaning the Corporation of the Municipality of Clarington.
Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean
the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of
Clarington".
Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it
shall be deemed to mean the Consultants, AECOM, or such other officers, as may be
authorized by the Authority to act in any particular capacity.
17. ADDENDA
The Contractor shall ensure that all addenda issued during the tendering period are
attached as part of the submitted bid, Failure to do so will result in disqualification of the
bid.
18. UTILITIES
For additional information regarding existing utilities the Contractor may contact the
following personnel:
Ms. Kimberly McLellan Mr. Jamie Rochford
Bell Canada Enbridge Consumers Gas
Tel: 905-433-3061 Tel: 1-416-758-7933
INSTRUCTIONS TO TENDERERS
CONTRACT NO. 0.2008-31
Ms. Cindy Ward
Roger Cable T.V. Ltd.
Tel: 905-436-4138
Mr, Peter Petriw
Veridian Connections
Tel: 1-888-445-2881
Ext. 3252
Orono Depot
Region of Durham (Water and Sewer)
Tel: 905-983-5116
19. PROVISIONAL ITEMS
Mr. Jim Hisson
Hydro One
Tel: 1-905-623-1071
Ext. 3318
Mr. Joel Walker
Region of Durham (Traffic)
Tel: 1-866-786-8116
Ext. 226
6.
After the Tender Closing the Items or Sections in the Itemized Bid noted as being
"Provisional" may have quantities modified or may be deleted from the Contract at the
sole discretion of the Owner without negotiating with the bidders regardless of the
percentage of the Tender the individual or combined "Provisional Items" represent. No
consideration for loss of overhead costs wiH be considered should these Items be
deleted from the Contract.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-31
SPECIAL PROVISIONS -GENERAL
P:IDept ~12\12-297011$pecs\Incompletel12-29701-SPG.cloc
INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2008-31
CLAUSE SUBJECT PAGE
1. PLAN QUANTITY ITEMS ................................................................................................. ...1
2. GUARANTEED MAINTENANCE ...................................................................................... ...1
3. CONTRACT TIME AND LIQUIDATED DAMAGES ........................................................... ...1
~ 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
....................................................
... 2
5. OPS GENERAL CONDITIONS ......................................................................................... ...3
6. LAYOUT BY CONTRACTOR ........................................................................................... ... 3
~ 7. RESTRICTIONS ON OPEN BURNING ............................................................................ ...3
I
8.
PAYMENTS ......................................................................................................................
...3
9. UTILITIES ........................................................................................................................ ...4
10. TRAFFIC CONTROL, FLAGGING .................................................................................... ...5
11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ............................................... ...5
12. MAINTENANCE OF TRAFFIC .......................................................................................... ...5
13. EMERGENCY AND MAINTENANCE MEASURES ........................................................... ...6
14. ENGINEERING FIELD OFFICE ....................................................................................... ... 6
15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ............................................. ...7
16, OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES .., ...8
17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)..... ........... ...9
18. SPILLS REPORTING ....................................................................................................... ...9
19. TRAFFIC AND STREET SIGNS ....................................................................................... .10
20. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE ........................................... .10
21. ENTRY ONTO PRIVATE PROPERTY ............................................................................. .10
22. STORAGE AREAS ........................................................................................................... .10
23. GENERAL LIABILITY INSURANCE ................................................................................. .10
24. CONSTRUCTION LIEN ACT ............................................................................................ .10
25. VARIATIONS IN TENDER QUANTITIES .......................:................................................. .11
26. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR ................................................................................................................ .12
PAGE ONE
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31
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
I necessity for repairs or for any work to be done under this Section.
3. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be of the essence for this contract.
It is anticipated that work will commence in 2009.
For purposes of this Contract, GC1.04 of the General Conditions is revised, in that
Contract Time means the time stipulated herein for Completion of the Work as defined
in Clause GC1.06.
(2) Progress of the Work and Contract Time
The charging of working days shall commence on (to be filled
in upon award of contract) and the Contractor shall diligently prosecute the work on this
contract to completion on or before the expiration of 45 working days from the date
of commencement.
If the contract time above specified is not sufficient to permit completion of the work by
the Contractor working a normal number of hours each day or week on a single
daylight shift basis, it is expected that additional and/or augmented daylight shifts will
be required throughout the life of the contract to the extent deemed necessary by the
Contractor to ensure that the work will be completed within the contract time specified.
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31
Any additional.costs occasioned by compliance with these provisions will be
considered to be included in the prices bid for the various items of work and no
additional compensation will be allowed therefore.
Working days shall be charged until the date of completion of the work as set out in
the Certificate of Completion issued in accordance with GC8.02.03.06.
(3) Working Day
Working Day as defined in GC1,04 is modified by the addition of the following under
Paragraph {a):
2.
Except any day from inclusive, even though the Contractor
may elect to carry out any approved work as called for under this Contract during this
period.
The. Contract Administrator will furnish to the Contractor for his signature a weekly
"Statement of Record of Working Days", The Contractor will be aNowed two weeks in
which to file a written protest setting forth in what respects the said weekly statement
is incorrect, otherwise, the statement shall be deemed to have been accepted by the _
Contractor as correct.
(4) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the
contract is not completed within the number of working days as set forth in the special
provisions or as extended in accordance with Section GC3,06 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 in excess of the number of
working days prescribed, It is agreed that this amount is an estimate of the actual loss
or damage to the Authority which will accrue during the period in excess of the
prescribed number of working days,
The Authority may deduct any amount under this paragraph from any moneys that
may be due or payable to the Contractor on any account whatsoever. The liquidated
damages payable under this paragraph are in addition to and without prejudice to any
other remedy, action or other alternative that may be available to the Authority,
4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.01.10 is defined as an employee of the
Contractor.
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31
5. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be
interpreted as meaning the OPS General Conditions of Contract, November 2006.
6. LAYOUT BY CONTRACTOR
Prior to the commencement of any construction layout, the Contractor shall verify the
vertical accuracy of all temporary and permanent benchmarks and primary horizontal
alignment control shown on the Contract Drawings. The Contractor shall also perform
random checks on all survey control points and existing 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.
7. RESTRICTIONS ON OPEN BURNING
3.
Open fires will not be permitted within the limits of this Contract. Brush and debris may as
an alternative to burning, be disposed of outside the Contract Limits and in compliance
with the requirements specified elsewhere for Management and Disposal of Excess
Material
8. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with
Section GC8.02.03 of the General Conditions.
Notwithstanding the provisions of the General Conditions respecting certification and
payment, the Authority may withhold 2-1/2 percent of the total value of work performed
beyond the expiration of 46 days from the date of publication of the Certificate of
Substantial Performance, to enable the Contract Administrator to produce the final
detailed statement of the value of all work done and material furnished under the
Contract. As a condition of holdback reduction from 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.
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31
4.
As a condition of Progress Payment Certificate processing, the Contractor must provide a
current WSIB Clearance Certificate and a Statutory Declaration in support of each
Progress Payment Certificate.
All interim monthly certificates are not conclusive as to the value or quality of services
provided. and payment certificates are subject to reopening and readjustment.
The Completion Payment Certificate to include release of the remaining holdback will be
issued within 120 days after the date for completion as specified under GC1.06. The date
for interest due to late payment shall commence following 180 days after the date of
completion of the work.
As a condition of the final holdback payment, the Contractor shall provide the required
Property Owner's Releases as specified elsewhere, as appropriate. 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
Pertormance. Publication is mandatory whether Contractor requests Substantial
Pertormance or not.
The Contractor is advised that the Authority may withhold payment on Interim and
Holdback Release Certificates up to 30 calendar days from the date of receipt of the
executed Payment Certificates.
9. UTILITIES
Sections GC2.01 and GC7.13 02 of the General Conditions are deleted in their entirety
and are replaced by the following:
"The Contractor shall be responsible for the protection of all utilities at the job site during
the time of construction."
The Authority will be responsible for the relocation of utilities where required. However, no
claims will be considered which are based on delays or inconvenience resulting from the
relocation not being completed before the start of this Contract.
The location and depth of underground utilities shown on the Contract drawings are based
on the investigations made by the Authority, It is, however, the Contractor's responsibility
to contact the appropriate agencies for further information in regard to the exact location of
all utilities, to exercise the necessary care in construction operations and to fake such
other precautions as are necessary to safeguard the utilities from damage,
SPECIAL PROVISIONS -GENERAL
CONTRACT NO, CL2008-31
The Contractor shall note that compliance with the Mihistry 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:
5.
(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 Book 7". Revisions to the Traffic Control Plan shall be made to reflect
ongoing changes on the project as needed and shall be approved by the Contract
Administrator.
Traffic controls shall be operational before work affecting traffic begins.
TC-67 signs shall be supplied and erected by the Contractor at the east and west limits of
construction with approved text as directed by the Contract Administrator.
12. MAINTENANCE OF TRAFFIC
The Contractor will be required to maintain traffic in both directions.
For work which is in the boulevard and median of Durham Hwy. 2 (Hwy. 2), a Traffic
Management Plan is required as part of the Durham Region Road Occupancy Permit
Application which the Contractor will be responsible for. It should be noted that due to the
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31 6
importance of Hwy, 2 as a commuter route, lane closures will not be permitted on
weekdays prior to 9:00 a,m, for west bound lanes, and after 3:00 p,m. for east bound
lanes. Weekend lane closures will be subject to review and approval by the Region of
Durham staff.
Notwithstanding the preceding, the Contractor shall at all times maihtain 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 respohsibility 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 familiar 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 area as will occur during regular working hours.
No claims for delays due to traffic will be considered for compensation,
The Contractor shall be responsible for ail 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,
14. ENGINEERING FIELD OFFICE
The Contractor, shall, at no additional expense to the Authority, supply an office for the
exclusive use of the Contract Administrator. This office shall be located as directed by the
Engineer, but in no case shall be more than one kilometre from the Contract limit.
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31
7.
The Contract Administrator's office shall have a minimum of 17 m2 of floor area, with a
clear ceiling height of not less than 2.3 m, weatherproof, insulated walls and roof and a
tight wooden floor raised at least 0.3 m clear of the ground. The office shall be fitted with
a minimum of two glazed windows, both of which can be opened and are fitted with
screens. The door shall have a reliable lock, all keys for which shall be in the care of the
Contract Administrator. The Contractor shall supply electric light, heat when required, and
an air conditioner of 8,000 BTU minimum when required, to the Contract Administrator's
satisfaction and shall furnish the office with a minimum of one desk with drawers, one
drafting table, five chairs, two drafting stools, one filing cabinet, a fax machine, a waste
paper basket and a broom.
Where the Contractor elects to supply a combination office for the use of the Contract
Administrator and his own staff, the minimum requirements for the Contract
Administrator's accommodation as outlined shall be met. In addition, separate outside
access for each office shall be provided and the Contract Administrator's office shall be
partitioned off from that of the Contractor, on the inside. Any inside connecting door
between the two offices shall be fitted with a lock or closer on the Contract Administrator's
side.
Where the field office is situated remote from abuilt-up area and where alternate toilet
facilities are not available, the Contractor shall also supply an acceptable chemical or
equivalent dry toilet, in a location convenient to the Contract Administrator's office,
The field office and other facilities shall be provided at the site within 14 days of the Date
of Notification to Commence Work or on the date of the Contractor's actual
commencement of work, whichever date occurs first, and shall remain at the site, if the
Contract Administrator so requires, for a period of up to two months after the completed
work is accepted by the Authority.
16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The requirements of OPSS 180 shall apply to this Contract, revised as follows:
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.
SPECIAL PROVISIONS -GENERAL
CONTRACT NO, CL2008-31
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.
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
8.
It is the responsibility of the Contractor to ensure that all sub-contractors performing work
under this Contract have received a copy of this specification, where Designated
Substances are identified as being present at the site of the work.
The Contractor shall comply with the governing Ministry of Labour Regulations respecting
protection of workers, removal, handling and disposition of the Designated Substances
encountered on this Contract. -
Prior to commencement of this work, the Contractor shall provide written notification to the
Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H 1A6, of the
location(s) proposed for disposal of Designated Substances. A copy of the notification
shall be provided to the Contract Administrator a minimum of two weeks in advance of
work starting.
In the event that the Ministry of the Environment has concerns with any proposed disposal
location, further notification shall be provided until the Ministry of the Environment's
concerns has been addressed.
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31 9
All costs associated with the removal and disposition of Designated Substances herein
identified, shall be deemed to be included in the appropriate tender items.
Should a Designated Substance not herein identified be encountered in the work, then
management of such substance shall be treated as Extra Work.
The requirements of Section GC4.03 of the General Conditions of the Contract shall apply.
17. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS]
Reporting
Section GC4.03.06 is deleted and replaced with the following:
Prior to the commencement of work the Con#ractor shall provide, to the Contract
j 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.
I
The Contractor shall notify the Contract Administrator of changes to the list in writing and
provide the relevant Material Safety Data Sheets.
18. SPILLS REPORTING
Spills or discharges of pollutants or contaminants under the contt'ol of the Contractor, and
spills or discharges of pollutants or contaminants that are a result of the Contractor's
operations that cause or are likely to cause adverse effects shall forthwith be reported to
the Contract Administrator. Such spills or discharges and their adverse effects shall be as
defined in the Environmental Protection Act R.S.O. 1980.
All spills or discharges of liquid, other than accumulated rain water, from luminaires,
internally illuminated signs, lamps, and liquid type transformers under the control of the
Contractor, and all spills or discharges from this equipment that are a result of the
Contractor's operations shall, unless otherwise indicated iri the Contract, be assumed to
contain PCB's and shall forthwith be reported to the Contract Administrator.
This reporting will not relieve the Contractor of his legislated responsibilities regarding
such spills or discharges.
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31
19. TRAFFIC AND STREET SIGNS
10.
The Contractor will be responsible for the removal and salvage of existing traffic and street
signs, and their delivery to the Authority's Works Department Yard, for re-erection by the
Authority following completion of the work.
Scheduling for sign removal shall be as approved in advance by the Contract
Administrator,
Regulatory signs such as "Stop" and "Yield" must be maintained throughout.
20. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE.
The Contractor will be responsible for ensuring that garbage collection, including
recyclables, is maintained and when necessary, the Contractor shall make arrangements
directly with the collecting agency, to permit and coordinate pick-up.
21. ENTRY ONTO PRIVATE PROPERTY
The Contractor shall not enter private property or property which is to be acquired to
construct the works without the prior consent of the Contract Administrator, This
requirement will be strictly enforced,
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 Clarington, Regional Municipality of Durham, Hydro One and AECOM
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.
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31
11.
When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment
renter acting under the Contractor, and proceedings are commenced by the Authority to
vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition
to their reasonable legal fees therefore, all interest costs and expenses incurred by the
Authority and an additional sum equal to ten percent (10%) of the sum found to be owing
as liquidated damages, and such remedy shall be in addition to any other remedy
available to the Authority under the Contract Documents.
Where any lien claimant asks from the Authority the production for inspection of the
Contract Documents or the state of the accounts between the Authority and the
Contractor, ,the Contractor shall be liable for an administration fee of Two Hundred Dollars
($200.00) for each request made as compensation for the preparation of such accounting
or for the preparation of the Contract, or both, as the case may be, and the Contractor
acknowledges that such administrative fee shall be properly deductible, if the Authority
should so choose, from monies otherwise payable to the Contractor under the terms of the
Contract Documents.
Where an application is brought to a judge of a competent jurisdiction to compel
production of any particular document to a lien claimant, the Contractor further agrees to
indemnify the Authority from reasonable legal fees incurred in appearing on such an
application and in addition agrees to pay to the Authority its reasonable costs incurred in
producing such documents to the extent that the same is made necessary under the
disposition of the matter by such judge, and the Contractor further agrees that such
reasonable costs and fees incurred by the Authority as stated herein may be properly
deductible from monies otherwise payable to the Contractor under the terms of the
Contract Documents.
25. VARIATIONS IN TENDER QUANTITIES
Clause GC.8.01.02 (b) of the General Conditions of Contract is amended as follows:
~} The last sentence beginning "Alternatively" and ending "paid" is deleted and replaced by
--{ "The Municipality shall not be liable to the Company for loss of anticipated profit".
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2008-31 12,
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 Clarington
Municipal Administration Centre, 40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
Re: Contract No. CL2008-31
Dear Sir:
I hereby certify that
(Name of Contractor)
have fulfilled the terms of our agreement and have left my property in a satisfactory
condition.
I have accepted their final payment and release
(Name of Contractor)
and the Municipality of Clarington from further obligations.
Yours very truly,
............................
Signature
Property Owner's Name ............................Lot......Concession..........
Municipality of ........................................ ;
(Please complete above in printing)
Final payment will not be released to the Contractor until all the applicable forms of release
have been signed by the property owners and received by the Authority,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-31
SPECIAL PROVISIONS -TENDER ITEMS
P:\Depl 12\12-29701 \Specs1CL2008-31-SP-Tl.doc
PAGE ONE
SPECIAL PROVISIONS -TENDER ITEMS
- CONTRACT NO. CL2008-31
ORDER OF PRECEDENCE
Where a Specification or Standard exists in the Municipality of Clarington "Design Guidelines
and Standard Drawings" for any element of the works, the Municipality of Clarington
Specification or Standard shall take precedent over the contract "Special Provisions -Tender
Items" or the "Ontario Provincial Standards".
EARTH EXCAVATION (GRADING) -ITEM NO. Al
Payment under this Item shall include:
- Excavation of boulevard tree trenches and tree pits as detailed on the contract drawings.
- Removal and disposal of all material off site at a location arranged for by the Contractor.
The estimated quantities under this Item are as follows:
Under Item Al -
Individual Pits - 29 m3
Tree Trenches - 1.087 m3
Total Trench Excavation - 1,116 m3
REMOVAL OF CONCRETE SIDEWALK -ITEM NO. A2
Payment shall be made under this Item at the unit price bid for the following work:
- Removal of existing sidewalk at locations designated on the Contract Drawings
(including at the Burger King entrance), The extent of removal shall be verified by the
Contract Administrator, prior to removal.
Sidewalk deemed for removal shall be sawcut at the removal limits designated by the Contract
Administrator,
Concrete rubble resulting from removals shall be disposed of off the site at a location arranged
for by the Contractor.
CONCRETE IN SIDEWALK -ITEM NO. A3
Payment shall be made for the supply of all materials, labour and equipment to construct
concrete sidewalk in accordance with Municipality of Clarington Specifications C-307, The unit
price bid shall include for all excavation required for sidewalk. All excavated material shall be
disposed of off-site, at a location arranged by the Contractor.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 Z.
Where new sidewalk abuts existing sidewalk or other concrete surface an expansion joint shall
be constructed. Every joint shall be a contraction joint except where expansion joints are
indicated on C-307.
Sidewalk through commercial entrances, as shown on the Contract Drawings, shall be
reinforced with 152 mm x 152 mm plain mesh MW 11.1 x MW 11.1.. Joints. shall be overlapped
300 mm and tied. Mesh shall be placed 50 mm above the bottom of the slab and sidewalk
thickness shall be increased to 150 mm.
INTERLOCKING BRICK PAVERS -ITEMS NO. A4 AND C1
The unit price bid shall include for the following:
• All excavation required for interlocking brick pavers. All excavated material shall be disposed
of off-site, at a location arranged by the Contractor.,.
• Supply, place and compact 250 mm depth Granular `A' base and 30 mm depth bedding
sand.
• All necessary cutting of pavers in boulevards and medians as'per the detailed drawings.
• Thoroughly wash surface of pavers and seal with two (2) coats. of acrylic sealer applied in
accordance with the manufacturer's specifications with regard,to'condition of surface of
pavers, rate and method of application. (Region of Durham Specification)
• Brick pavers are to be placed as shown in Detail 5 on Dravuing L5 including a soldier course
adjacent to all curb, placed perpendicular to the curb..
• In addition, the following details apply for each section:
A4 a) In Median (Supplied by Others) -Unit price under this item shall include:
• Installation of concrete pavers to be supplied by others.
• Handling of pavers as required. Pavers wilt be stored on skids adjacent to the job
site.
A4 b)
C1 In Median (Supplied by Contractor)-- Unit price under this item. shall include:
• Supply and installation of 100 x 200 x 60 mm Single Holland and 200 x 200x 60
mm Double Holland concrete pavers, as required; by Unilock (Yorktown. Blend} or
reviewed equivalent.
• Estimated quantities are: Single Holland - 100'm2
Double Holland = 26 m2
A4 c) Remove, Salvage and Reinstate Existing Brick Pavers -Unit price under this item.
shall include:
• Remove, salvage, clean and store exis#ing interlocking concrete pavers in
median.
• Installation of salvaged concrete pavers,.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31
3.
A~4 d) Remove and Salvage
- Remove, salvage, clean and deliver to Clarington's Hampton Depot.
• Salvaged bricks are to be stacked neatly on a skid,
• Bricks to be removed under this Item are a different style and are not suitable for
re-use on this Contract
All pavers will be installed in accordance with manufacturer's recommendations.
All work specified for this item shall be performed by a specialist paving stone/landscaping firm
using workers experienced in interlocking concrete paver installations..
Measurement for payment shall be made for the actual area of unit pavers installed in
accordance with subsection 355.09.01.01 of OPSS 355.
REMOVAL OF ASPHALT IN ENTRANCES -ITEM NO. A5
Payment under this Item shall be made for the removal of existing asphalt in entrances to
accommodate the installation of the proposed concrete sidewalk, including the existing entrance
at Burger King.
Asphalt rubble resulting from sidewalk removal shall be disposed of off the site at a location
arranged for by the Contractor. The unit price bid shall include for sawcutting at limits of
removal as directed by the Contract Administrator.
Any damaged asphalt beyond the sawcutting limits shall be replaced at the cost of the
contractor.
GRANULAR `A' (Provisional) -ITEMS NO. A6
Payment shall be made under this Item for supply, placing and compacting to 98% of the
Proctor maximum dry density to the following depths:
• Restoration of Residential and Commercial entrances, 150 mm
® Sidewalks (where the Contract Administrator deems that the native material is
unacceptable), 100 mm
HOT MIX H.L.-3 IN ENTRANCES -ITEM NO. A7
The Contractor shall supply all materials required for the proper execution of paving in
accordance with OPSS 310. Asphalt shall be PGAC 58-28 as a minimum.
The following depths of asphalt shall be applied:
• Private entrances, 50 mm HL-3
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 4.
• Commercial entrances, 40mm HL-3
Refer to the drawings for standards and construction limits for each entrance
TOPSOIL -ITEM NO. A8
SOD {UNSTAKED) -ITEM NO. A9
Screened topsoil shall be placed to a minimum depth of 100 mm in disturbed grass areas.
Subsection 570.05.01 of OPSS 570, August 1990 is amended by the addition of the following:
The topsoil shall be tested by a certified Agronomist to ensure there are no deficiencies with.
respect to fertility levels for sod growth. A copy of the topsoil testing report shall be provided to
the Contract Administrator. Payment for this testing shall be included in'payment under the
respective topsoil items.
If the topsoil does not contain all the necessary fertility elements the soils shall be treated as
recommended by the topsoil analysis report. -
Subsections 571.07.05, 571.08.01 and 571.08.02 of OPSS 571; November 2007 is amended by
the following:
Replace "30 day maintenance period" with "120 consecutive day maintenance period".
Contractor should note that for the purpose of calculating the length`of the maintenance period,
the winter dormant period shall be excluded (see Table No: 1; OPSS 57'1). Clarington is
considered to be in the `Southern Ontario' area and the winter dormanf period is`from November
1 to April 30, inclusive. Should the 120 consecutive day maintenance period not be complete by
November 1, 2008, then the maintenance period shall be complete 120 days. after April 30 of
the following year,
Payment shall be made for 50% of the quantity placed once'deficiencies have been corrected
from initial inspection and the remaining 50% shall be paid once all deficiencies have been
corrected following final inspection at the end of the maintenance period.
The Contractor shall be responsible for the full cost of replacing deficient sod as determined by
the Contract Administrator.
ADJUST EXISTING WATER VALVES -ITEM NO. A10
Payment under this item shall be for adjustment of water valves to finished grade in boulevards
and medians.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 5,
MEDIAN PLANTER RETAINING WALLS -ITEMS NO. A11 AND C2
The proposed planter retaining walls shall be Roman Pisa (colour -Nevada), as manufactured
by Unilock, with Standard, Tapered, Corner & Coping units. Face area includes approximately
417 m of coping units.
The unit price shall include for the following:
a) All necessary excavation to the lines and grades required for the median planters as per
the landscape details (see L5), including disposal of ail surplus excavated materials off
site at a location arranged for by the Contractor. If after excavating to the elevation
shown on the drawings, the material encountered should prove unacceptable to the
Engineer as a foundation, the contractor shall perform additional excavation as directed
by the Engineer.
b) Supply, placement and compaction of Granular "A" base (600 x 200 mm) as directed by
Engineer to not less than 98% Standard Proctor Maximum Dry Density. The Granular
`A' base is to be placed on undisturbed native soil/ bedrock with an allowable bearing
capacity not less than 150 kPa.
c) Supply and. placement of a 600 mm x 600 mm Geogrid (Stratagrid 200) in each planter
corner and 600 mm x varied width strip at the tapered ends of the planters. The grid
shall be placed under the second full wall stone below the coping.
• The Geogrid must be pre-cut to the length shown on the retaining wall design
drawings and must be placed within 25mm of the front face of the precast wall units
#o ensure maximum connection between geogrid and wall facing.
• The Geogrid is to be placed on a flat level surface and pulled tight prior to placing
backfill on top of the geogrid.
d) Supply and placement of the precast concrete stone units, as shown on the drawings
and as directed by the Engineer with Unilock concrete adhesive or approved equivalent
being used for securely fastening the top three (3) courses on the wall.
INSTALLATION OF PRECAST UNITS;
• The precast stone units shall be installed as per the manufacturer's
recommendations.
• The bottom course of units are to be leveled to meet the tolerances specified herein.
The bottom course of units are not to be installed until the compaction of the
Granular `A' base has been deemed acceptable by the Engineer,
• No cracked or chipped units are to be installed. Any damaged units are to be
removed if requested by the Engineer,
• The Joints between adjacent units should align with the middle of the unit above and
below to create a running bond.
• The Contractor shall check the level of the wall with each lift to ensure that no gaps
are formed between successive lifts. Care shall be taken to ensure that the precast
concrete stone units and geotextile are not broken or damaged during handling and
placement. The units shall be installed as shown on the drawings.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 g,
CONSTRUCTION TOLERANCES
• Vertical Control: t 30 mm maximum over a 3 metre distance; 75 mm maximum.
• Horizontal Control:- Straight Lines: ± 30 mm over a 3 metre distance; 75 mm `
maximum.
• Rotation: t 2.0° from design wall batter.
• Bulging: 25 mm over a 3 metre distance.
e) Supply and installation of a drainage layer with a perforated sub-drain pipe complete
with filter cloth. The sub-drain pipe shall be HPDE or PVC perforated'pipe with a
minimum diameter of 100 mm, protected with geotextile filter-cloth to prevent the
migration of soil particles in the pipe. The sub-drain pipe shalt be placed behind the
retaining wall face, accurately aligned and securely coupled and' laid at`a minimum
gradient of 0.5% to ensure adequate drainage to free outlets: Only staridard`fittingsfnr
bends, caps and intersections shall be used. The uni#' price shall' include labour,
equipment and materials to connect the free ends to the roadway sub-drains, catchbasin
leads or catchbasins at stations 0+805, 1+212 and 1+580 as shown on Detaif 8, Drawing
L5 or as directed by the engineer.
f) Supply and placement of geotextile filter (Terrafix 270R) against retained soil. Geotextile
filter cloth shall be placed from the lowest point upward:
g) Supply and placement of 1'/z "rigid polystyrene insulation along the perimeter of the
inside face of the retaining wail as shown on the contract' drawings.
SUPPLY AND INSTALLATION OF PLANT MATERIAL: =ITEMS NO. A12 - A15, C3 - C5
AND E1
Payment shad be made under this Item for the supply and installation of plants in locations
throughout the project limits as indicated on the Tree Planting De#ail of'the Contract Drawings
(see L5 and L1 of 1) and as directed by the Contract Administrator. Finial'layout shall be
approved on site with the Contract Administrator and be checked against utility locates prior to
excavation of planting pits. Layout adjustments at time of construction shad>be of no additional
cost to the Owner,
Excavation for the boulevard trenches shall be paid under Item A1. Excavation for median.
planters shall be paid under Items A11 and C2:
Excavation for tree pits for Part `E' shall be included in the unit price bid for Item E1.
Placement of 100 mm of mulch within tree trenches; planters and around individually planted
tress shall be included in the respective plant items.
All planting and related work shall be done by experienced; qualified personnel under the
direction and supervision of Foremen with at least five (5) years of horticultural and planting
experience.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 7,
All trees shall be nursery grown, true to type and structurally sound, with straight trunks and
leaders intact,. and be well and characteristically branched for the species. Root balls shall not
_ be cracked, broken, or damaged. All plants shall be free of disease, insect infestation, rodent
damage, sun scald, frost cracks and other abrasions or scars to the bark. They shall be densely
foliated when in leaf and have healthy, well developed root systems. Plant names shall be in
conformity with that accepted in the nursery trade.
Substitutions for the specified plants will not be accepted unless approved in writing by the
Contract Administrator. The Contract Administrator reserves the right to reject any plant
material, whether planted or not, which does not conform to the specifications: Do not remove
any labels from plants until they have been inspected and approved by the Contract
Administrator.
All debris, clay lumps, roots and stones over 50 mm in diameter and other extraneous matter
shall be removed from excavated soil and disposed of off site.
Maintain all plant material and assume full responsibility for protection of all planted areas until
final acceptance of all project work. Keep planted areas free of weeds at all times. Remove all
debris, broken branches, etc., and maintain planted areas in neat condition at all times. Water
plants as necessary with sufficient quantities to moisten the entire root system.
All materials and workmanship shall be guaranteed for a period of two (2) years following
project completion, All plants that are dead, or not in a healthy, satisfactory growing condition,
or which in any way do not meet the requirements of the specifications, shall be replaced by the
Contractor at the Contractor's expense. All required replacements shall be as originally
specified. The warranty on replacement plant material shall be extended for a period equal to
the original warranty period.
Final inspection of all plantings shall be made at the end of the specified warranty period.
Stakes and all staking material shall be removed at the end of the warranty period. The
Contract Administrator or Owner reserves the right to extend Contractor's warranty
responsibilities for an additional year if, at end of initial warranty period, plant condition is not
sufficient to ensure future health.
TRIPLE MIX -ITEM NO. A1S
The boulevard trenches and median planters shall be supplied with commercially prepared
Triple Mix placed in 150mm lifts and compacted to 85% SPD, Planting medium shall be free of
all debris, clay lumps, roots and stones over 50 mm in diameter and other extraneous matter,
Topsoil shall be fertile, friable, natural loam containing not less than 4% organic matter, capable
of sustaining vigorous plant growth. It shall be free of any admixture of subsoil, clay lumps or
weeds, acid free of stones and roots over 50 mm in diameter and other extraneous matter.
MULCH IN BOULEVARD -ITEM NO. A17
Payment shall be made under this Item for supply and placing of mulch to match existing behind
the sidewalk as shown on the Contract Drawings and as directed by the Contract Administrator.
Minimum depth of mulch shall be 100 mm.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CLZ00$-31 g, ~~
BONDS, INSURANCE AND MAINTENANCE SECItRITY- ITEMS NO. A18, 814, C6, D11
AND E2
Included under these items are the following:
a) 100% Performance and Guaranteed Maintenance Bond for 24 months.
b) 100% Labour and Materials Payment Bond.
c) Liability Insurance
100% payment of this item shall be made on the first Payment Certificate.
MOBILIZATION AND DEMOBILIZATION -ITEMS NO. A19, 815, C7, D12 AND E3
The unit price for this item shall be compensation forthe following:
.1 Security protection of the Contractor's office, plant and socked materials during the
course of the Con#ract.
.2 Moving onto the site and sei#ing up the Contractor`s office, s#orage facilities, plant, etc.
.3 Providing all necessary access to the project including haul roads as required and the
restoration of the surtaces to their original condition after the haul roads are removed.
.4 Moving off the site and removal of the Contractor's office, storage facilities, plant, etc.
Payment will be made as follows:
50% of the lump surn stated in the Tender Form for this Item will be paid on the first
Payment Certificate; and,
the 50% balance will be paid on the Payment Certificate following issuance of the
Certificate of Substantial Performance.
TRAFFIC CONTROL -ITEMS NO. A20, B1$, C8, D14 AND E4
Reference: OPSS 543, OTM Book 7, March 2001
Special Provisions -General Requirements, Clause 6
OPSS 543 is amended by the deletion of alt references to °M.U.T,C.D." and its replacement with
"Ontario Traffic Manual, Book 7, March 2001".
Include:
.1 Supply and maintain traffic control and signing as specified in the Special Provisions - ri
General Requirements, Clauses 10, 11 and 12 and the Ontario Traffic Manual, Book 7, -
March 2001 as well as the provisions of Ontario Construction Regulations 67, 68 and 69.
,,
.2 Submit the detailed Traffic Control and Staging Pian and the Traffic Protection Plan no _;~
la#er than two weeks prior to the commencement of construction activities and material ~
. .deliveries. .' . ,
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1
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SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31
.3 Co-ordinate and communicate with abutting property owners to minimize impacts on use
of and access to these properties.
9.
Basis of Payment;
.1 The lump sum price bid far this item shall include all labour, equipment and materials to
do the work as specked.
.2 Progress payments will be made on a pro-rated basis as work progresses.
ELECTRICAL HANDHOLES -ITEMS NO. B1 AND D1
Amendment to OPSS 602, March 1993
602.06 MATERIALS
602.05.03 Prefabrication of Electrical Chambers
Subsection 602.05.03 of C~PSS 602 is amended by the addition of the following paragraph.
Other pre#abricated electrical handholes shall be according to the Material Specification for
Electrical. Handhole included in this Special Provision.
602.07 CONSTRUCTION
602.07.02.01 Installation
Clause 6D2.07.02.01 of OPSS 602 is amended in that the firs# paragraph is deleted and
replaced with the following:
The handholes shag be cast-in-place concrete handholes, precast concrete handholes, or
prefabricated handholes made of semi-concrete or non-concrete materials.
Prefabricated Handholes
The prefabricated unit shall be installed plumb, true to alignment and grade, and firmly bedded
on the drainage pocket backftll.
During installation, the duct entry holes shall be oriented in the required direction. The enlarging
of duct entry holes is prohibited.
802.07.02.03 Frames and Covers
Clause 602.07.02.03 of 4PSS 602 is amended in that the clause number at the end of the
sentence of the first paragraph is changed from 602.07.01.02 to 602A7.D1.09.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31
10.
602.07.02.04 Backfill
Clause 602.07.02.04 of OPSS 602 is amended in that the clause number at the end of the
sentence of the first paragraph is changed from 602.07.01.11 to 602.07.01.10.
Section 602.07 of OPSS 602 is amended by the addition of the following subsection:
602.07.05 Quality Control
Pre-installation Testing and Inspection
The Contractor shall inspect the electrical chambers and chamber drain components prior to
installation to ensure that they meet the requirements of the contract.
The Contractor shall submit to the Contract Administrator certification from the Manufacturer
that the product complies with the Contract requirements...
Strength Testing of Handholes
Ten percent of the handholes shall be selected for strength testing: For each handhole selected,
the handhole shall be placed on a flat surface with only the bottom of the'handhole in contact
with the ground. No external support shall be providedfor the sides of the handhole. A weight of
2,000 kg shall be placed on top of the handhole for ten minutes: Af the ehd of each test,. the
handhole shall be inspected. The handhole shall not exhibit any signs of`cracking or
deformation. If the handhole is deformed, cracked, or damaged ih any way; it shall. be
considered failed and shall be replaced in full. If one or more handholes fail, then another ten
percent of the handholes shall be selected and tested. If one or more of those handholes fail,
then all of the handholes shall be tested:
The results of the strength testing shall be submitted to the' Contract Administrator,
Proof of Performance Testing and Inspection.
The Contractor shall inspect all electrical chambers to ensure thatthey meet the contract
requirements. In particular, and without limiting the foregoing; the Contractor shall inspect all
electrical chambers to ensure that; they are properly seafed and aligned to a plumb position;
backfill is placed in accordance with the type of material indicated'in the Contract Documents;.
the backfill complies with compaction as indicated in the Contract Documents;: all unused holes
and spaces are filled; waterproofing has been correctly applied (where applicable), and all
frames and covers are secured and adjusted to grade as indicated in the Contract Documents.
For cast-in-place units, concrete shall be tested in conformahce with the requirements of OPSS
904.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31
MATERIAL SPECIFICATION FOR ELECTRICAL HANDHOLES
2.0 REFERENCES
This specification refers to the following standards, specifications or publications:
ANSI/SCTE Standards:
ANSI/SCTE 77 -Specification for Underground Enclosure Integrity
ASTM Standards:
ASTM C-857 -Standard Practice for Minimum Structural Design Loading for Underground
Precast Concrete Utility Structures
ASTM F593 -Stainless Steel bolts, hex cap screws and studs.
CSA Standards:
CAN/CSA A23.1-M90 -Concrete Materials and Methods of Concrete Construction
CAN/CSA A23.2-M90 -Methods of Test for Concrete
11.
CANJCSA-G40.20-04/G40.21-04 -General Requirements for Rolled or Welded Structural Quality
Steel /Structural Quality Steel
CANJCSA-G164-M92 (R2003) -Hot Dip Galvanizing of Irregularly Shaped Articles
3.0 MATERIALS
All material shall have a minimum compressive strength of 135MPa and shall be suitable for
installation and use through a temperature range of -40 C to -~70 C. All concrete shall be
according to CSA A23.1-M90 and CSA A23.2-M90. All handholes shall be according to ASTM
C857 and ANSI/SCTE 77.
Each electrical handhoie cover shall be galvanized steel according to CAN/CSA-G40.20/G40.21
and CAN/CSA-G164M92 (R2003). The top side of each handhoie cover shall have a checkered
tread. As a minimum, the thickness of each handhoie cover shall be 10 mm.
3.01 Fastening. Material
All bolts, studs, screws, nuts, washers and other fastening material shall be stainless steel and
shall be according to ASTM F593.
4.0 PRODUCTION
4.01 Marking
Each handhoie shall have identification markings embedded on the outside vertical surface of the
handhoie, showing the manufacturer's name or trade mark, and the date of manufacture. The top
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 12.
surface of the handhole cover shall be permanently marked, showing the manufacturer's' name or
trade mark, and the date of manufacture. This marking shall be embedded into the top surface of
the handhole cover, or it shall be embedded into acorrosion-resistant metal plate securely
cemented to the top surface of the handhole cover.
4.02 Dimensions
Each handhole shall have dimensions as indicated in the Contract Documents
RIGID DUCTS, DIRECT BURIED -ITEMS NO, B2 AND D2
RIGID DUCTS, BY SUBSURFACE INSTALLATION -ITEMS NO, B3 AND D3
The ducts between Green Road and Boswell Drive along Hwy.`2 are to be installed by others
prior to this Contract. Some additional duct work will be required through this area at proposed
pole and power/supply locations. Where duct termination does not coincide with pole location,
duct shall be made continuous with filler piece and appropriate couplings.:
Installation of duct outside of landscaping works will be deemed Co included restoration of any
surface disturbed as a result of the duct installation, unless directed otherwise by the Contract
Administrator.
Amendment to OPSS 603, March 1993
603.02
REFERENCES
Section 603.02 of OPSS 603 is amended by the addition of the fallowing
United Laboratories
UL 6518 -Standard Specification for Continuous Length HDPE'Conduit
American Society for Testing and Materials International' '
ASTM F2160 -Standard Specification for Solid Wall High Density Polyethylene. Conduit Based
on controlled Outside Diameter
National Electrical Manufacturers Association"'
NEMA TC 7-2005 -Smooth-Wall Coilable Electrical Polyethylene Conduit
603.05.08 Ducts and Fittings
Subsection 603.05.08 of OPSS 603 is amended in that the term"50 mm" of the last paragraph
is replaced by "50 m".
SPECIAL PROVISIONS - TENDER ITEMS i
CONTRACT NO. CL2008-31 fe1,
a
LOW VOLTAGE CABLES 1N DUCTS -ITEMS NO. 64 AND D4
LOW VOLTAGE CABLES AERIAL ON MESSENGER -ITEM NO. B5
MESSENGER CABLES -ITEM NO. 66 ~
A
mendment to OPSS 604 dated November 2004 "+
604.07 CONSTRUCTION ,~
4~
604.07.07 Quality Control :.
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~
604.07.07.0'1 General `
~
Sub-section &04.07.07.01 is amended by the addition the following: ~~
Pre-installation Testing and Inspection ::
Th
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a
nspect the cables, splicing and connection components prior to installation
to ensure that they meet the requirements of the contract.
Proof of PerFonmance 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 -ITEMS NO. B7 AND D3 ~
{~~
GROUND ELECTRODES -ITEMS NO. 68 AND D6
All work shall be rried out in accordance wifh OPSS 609
Ground wire su lied by others will be available for pick-up at the Municipality of Clarington's
Hampton Depot. j
Amendment to OPSS 609 dated November 200'i
~,
609.02 REFERENCES ~
;~~,
Sub-section 609.02 is amended by the addition of the following:
~~
IEEE 837 Standard for Qualif in Permanent Cannections Used in Substat'o G o d'
y g ~ n run mg
UL 467 Grounding and Bonding Equipment
f
~
603.05.06 Ground Connectors
j
Sub-section`609.05.05 is amended by the addition of the following: ,
. ~ . ~ ~ ~':
1 SPECIAL PROVISIONS -TENDER ITEMS
3
CONTRACT NO. CL2008-31 15.
High pressure irreversible compression connectors shall be:
- made of pure wrought copper extrusion
- made of the same material as the conductors
- according to CSA 22.2 No. 41, UL 467, and IEEE 837.
- connected according to the manufacturer's recommendations
- connected using a minimum compressive force of 100 KN and a minimum
compressive pressure of 70 MPa.
High pressure irreversible compression connectors shall have crimp verification for the
inspection and verification of CSA and UL compliance markings.
609.07A3As Groand Wire Connections
The second paragraph of clause 609.07.03.05 is deleted and replaced with the following:
Moulded type ground connectors or high pressure irreversible compression connectors shall be
used at pad mounted electrical-electronic equipment, power supply locations, and all locations
where the ground connectors are direct buried or inaccessible.
609.07 GONSTRUCTION
Section 609.07 is amended by the addition of the following:
609.07.10 Quality Control
Pre-installation Testing and Inspection
The Contractor steal! ins ect the roundin cables, bondin 'um ers, round. electrodes and
p g g 9J p g
connection 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 particular, and without limiting the foregoing, the Contractor shall inspect the
ra work to ensure that all electrica! connections and splices have been properly installed in
accordance with the requirements of the contract. The Contractor shat! .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
f.
f~ rods, ground plates and ground wires shall be added as required. Readings shat! not exceed 25
ohms. These measurements shall be undertaken when fros# penetra#ion does not exceed 150
mm. Copies of all documentation shall be included in the Service Manual.
4'
1
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SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CLZOOS-31
REMOVAL OF ELECTRICAL E{~tlIPMENT -ITEMS NO. B9 AND D7
Amendment to OPSS 610 dated November ?006
GENERAL
610.07,09A3 SFeipping of Salvaged Electrical Equipment and Materials
1s.
The second paragraph of clause 610.47.09.03 of OPSS 610 is deleted and replaced with the
following:
The following equipment shall be removed, salvaged and delivered to the Muniapality of
Ciarington Hampton Operations Yard, 2320 Taunton Road, contact Susan D. Arends -tel. no.
(905} 263-2291. 3~4.
Item B9:
The following equipment shall be salvaged and retumed to the Hampton works yard:
"(3j Decorative steel base mounted lighting pale
{6) Decorative luminaire and bracket arm." (As per Addendum No. 3}
Item "D7": (As per Addendum No. 2}
The following equipment shall be salvaged and returned to the Hampton works yard:
(5} Decorative steel base mounted lighting pole
(10) Decorative luminaire and braGcet arm.
Section 610.47 of OPSS 610 is amended by the addition of the following subsection:
610.07.12 Quality Control
Pre-ins#allatian 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 Inspection
The Contractor sha11 inspect the work to ensure #hat 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 sha11 be done in accordance with the
requirements of the contract, and all applicable laws.
610,10.01 Payment
Subsection 614.14.41 is amended by the addition of the following:
. "Compensation for costs associated with the removal, salvage and storage requirements of ..
~- ~ ~ ~ ~ .~ ~ ~ I.
SPECIAL PROVISIONS -TENDER ITEMS-
CONTRACT NO. CL2008-31
,.~ 610.Q7.05 shall be deemed to be included in the con#ract prices for those items requiring the
work. .
. Sentence deleted as per Addendum No. 3}
SUPPLY CONTROL CABINET ASSEMBLY W ITEMS NO. B14 AND D8
This Special Provision replaces OPSS 614 dated September 1984 in its entirety.
C NSTRUCTION SPECIFICATION FOR TWE INSTALLATION OF POWER SUPPLY
O
EQUIPMENT
TABLE OF CONTENTS
614.41 SCOPE
614.02 REFERENCES
614.03 DEFINITIONS -Not Used
614.04 SUBMISSION AND DESIGN REQUIREMENTS
614.05 MATERIALS
614.06 EQUIPMENT -Not Used
614.07 CONSTRUCTION
614.48 QUALITY ASSURANCE -Not Used
614.09 MEASUREMENT FOR PAYMENT
614.10 BASIS OF PAYMENT
614.01 SCOPE
This specification covers the requirements for the installation of Distribution Assembly, and
Supply Control Cabinet Assembly.
The requirements of UPSS 601 shall apply to this work.
`~ .614.02 REFERENCES
This specification refers #o the following standards, specifications ar publications:
~~
s?
17.
s
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 18,
Ontario Provincial Standard Specifications, 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
Others:
CSA Standard C 22.2 No. 211.2 - 1984, -Rigid PVC (Unplasticized) Conduit
614.04 SUBMISSION AND DESIGN REQUIREMENTS
The following information shall be submitted to the Contract Administrator:
a. actual breakdown cost of Utility Work, such as 'hook'up', `transformation', etc.
b. Utility company contact person's name, address and telepi~one number.
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:
At Supply `A' the Contractor shah supply and install equipment for the power supply on the
service pole in accordance with the Power Supply `A' fnstallation Detail on drawing E4 and as
follows.
Supply Control Cabinet Assembly `A' shall be a load centre -Square `D' Model CQO18M100RB
or approved equal complete with top and bottom entry hubs and IocRable hasp.
The Contractor shall supply circuit breakers at the supply location`as:follows;
1 2 pole -common trip circuit breaker (100 Amp.). This shall be the main circuit breaker:
6 30 Amp single pole breakers for the illumination circuits.
2 30 Amp single pole breaker as a spare.
Supply "B" is an existing cabinet in an.existing supply. The.Contracfor`will supply and install,
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 19.
additional circuit breakers for new lighting circuits as follows:
2 30 Amp single pole breakers for the illumination circuits.
1 30 Amp single pole breaker as a spare.
At Supply `C' the Contractor shall supply and install equipment for the power supply on the
service pole in accordance with the Power Supply 'C' Installation Detail on drawing E4 and as
follows.
Supply Control Cabinet Assembly 'C' shall be a load centre -Square `D' Model CQ018M100R6
or approved equal complete with top and bottom entry hubs and lockable hasp.
The Contractor shall supply circuit breakers at the supply location as follows;
1 2 pole -common trip circuit breaker (100 Amp.). This shall be the main circuit breaker.
3 30 Amp single pole breakers for the illumination circuits.
5 30 Amp single pole breaker as a spare.
614,05.03 Photoelectric Controllers
Photoelectric controllers shat( 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.
614.05.06 Conduit and Fittings
Rigid PVC conduit and fittings for the installation of pole-mounted equipment shall meet the
requirements of CSA Standard C 22.2 No. 211,2.
614.07 CONSTRUCTION
614.07.02 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 pip 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
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 20.
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 scorch marks.
Section 614.07.02 is amended by the addition of the following:
The Contractor shall leave sufficient wire coiled, ducts, etc. for the Supply Authority to make -
final connections to secondary feed.
The Contractor shall contact the Supply Authority two weeks before the power to the service is
required and request a "Service Layout". The Contractor will meet the Supply Authority
representative on site and coordinate the requirements to complete the services.
At Supply Location `B' the Municipality of Clarington shall be contacted to gain access to the
inside of the existing enclosure.
Clarington Contact: John Maloney - 905-623-3379
At Supply Location `A' and 'C' Hydro One shall be contacted for coordination of the secondary
connections,
Hydro One Business Office: 7-(888) 871-35?4
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 thaf 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 shalt be approved by the Supply Authority prior to installation.
614.07.04 Grounding
All pad mounted equipment shall be grounded by means ofiground 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
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31
614.07.05 Photoelectric Controllers
21.
Photoelectric controllers shall be installed on poles with twist lock mounting adapters and
brackets. Brackets shall be mounted on metal or concrete poles with stainless steel strapping
or on wood poles with galvanized lag screws. The photo-conductive cell window shall be set to
face in a northerly direction but away from any nearby light sources.
614.07.06 Quality Control
Pre-installation Testing and Inspection
The Contractor shall inspect the power supply equipment to ensure that it meets the
requirements 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:
General Appearance
Insulation
Transformers
Wires and Connectors
Labeling
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 MEASUREMENT FOR PAYMENT
614.09.01 Actual Measurement
Distribution Assemblies
Supply Control Cabinet Assemblies
The unit of measurement is each.
614.09.02 Plan Quantity Measurement
Measurement is by Plan Quantity as may be revised by Adjusted Plan Quantity. The unit of
measurement is each.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 22.
614.10 BASIS OF PAYMENT __
614.10.01 Supply 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.
-------------------------00000------------------------
AMENDMENT TO OPSS 2414 FEBRUARY 1996
2414.04 SUBMISSION AND DESIGN REQUIREMENTS
Section 2414.04 of OPSS 2414 is amended by the addition of the following subsection:
2414.04.02 Shop Drawings
The shop drawings shall contain, at a minimum, the following information:
(a) plans, elevations, sections and de#ails 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 ihsulation type RWU90 and shall
conform to CSA C22.2#38.
Sections 2414.08 and 2414.09 of OPSS 2414 are 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:
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 23.
2480.04 SUBMISSION AND DESIGN REQUIREMENTS
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 exact weight;
(b) detailed bill of materials;
(c) wiring diagrams;
(d) details of equipment nameplates.
The Contractor shall submit shop drawings to the Contract Administrator.
2480.05 MATERIALS
2480.05.01,01 General
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; fhe barrier for the photoelectric controller cables must completely separate the cables
from the service section.
2480.05,08 Panelboard
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 Marking
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.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 24.
CONCRETE POLES, DIRECT BURIED IN EARTH -ITEMS NO. B11 AND D9 -
ALUMINUM POLES, BASE MOUNTED -ITEMS NO. B12 AND D10
615.05 MATERIALS
615.05.03 Poles
Subsection 615.05.03 of OPSS 615 is deleted and replaced by the addition of the following:
Decorative Pedestrian Scale Concrete Poles:
Decorative concrete poles shall be Municipality of Clarington starular•d 18 ft':' `Canterbury' direct
buried as manufactured by Stresscrete, Catalogue Number KYC18-G-E11 c/vV!140-15/30, BA,
FPH and 4" ball cap or approved equal. Banner arms, flower pot holders aracl ball caps shall be
charcoal grey in colour as per Municipality of Clarington standard. Poles shall be round etched
finish, colour -eclipse (no acrylic). Pole centres are to be placed 0:5'm from sidewalk.
Round Class `B' Poles
Concrete poles shall be 42.5ft, Class `B' direct buried poles as manufactured by Stresscrete,
Catalogue Number E425-BPR-G-MOD S/F 120 c/w capseal or approved equal:' Poles shalt be
round standard mold finish and are to be supplied with zinc alloy handhole covers and
weatherproof pole caps.
Decorative Aluminum Base Mounted Poles:
Decorative aluminum poles shall be 20 ft. `Modified Canterbury' base mounted as manufactured
by Stresscrete, Catalogue Number KSS90RE-20-BA-FPH with 6" ball cap or approved equal.
Banner arms, flower pot holders and ball caps shall be charcoal grey in colour as per
Municipality of Clarington standard. Poles shah "Black" in colour:
ROADWAY LUMINAIRES AND BRACKET ASSEMBLIES -ITEMS NO. B13 AND D10
617.05 MATERIALS
617.05.01 Luminaires
Subsection 617.05.01 of OPSS 617 is deleted and replaced by the `addition of the following:
Decorative Luminaires
Each decorative luminaire shall be a 70 Watt High Pressure Sodium complete with 70` Watt
Auto-transformer or isolated secondary transformer type integral ballast for grounded systems,
Type 111 Distribution. For 120 Volt operation per OPSS 2432, Photometric file No: Kirig`(fiat
glass) VL3HGFL3.ies or approved equal. King « Aurora » Luminaire Catalogue Number: K829-
HGFL-III-70(MOG)-HPS-120-KPL10-PBC-BK. The luminaire shall`be complete with 100 Watt
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 25.
high pressure sodium lamp ANSI designation S62-70. Each luminaire shall be equipped with
individual photoelectric controller and receptacle.
Each decorative luminaire shall be equipped with a 2.4m aluminum truss arm, colour charcoal
grey as per Municipality of Clarington standard and Drawing 206A4505 by King Luminaire.
Decorative Pedestrian Scale Luminaires
Each decorative luminaire shall be a 70 Watt High Pressure Sodium complete with 70 Watt
Auto-transformer or isolated secondary transformer type integral ballast for grounded systems,
Type III Distribution. For 120 Volt operation per OPSS 2432, Photometric file No. King (flat
glass) CB047P.ies or approved equal. King « Aurora Jr. »Luminaire Catalogue Number:
K729-RFL-III-70(MOG)-HPS-120-KPL10-PBC-BK. The luminaire shall be complete with 70 Watt
high pressure sodium lamp ANSI designation S62-70. Each luminaire shall be equipped with
individual photoelectric controller and receptacle.
Each decorative Pedestrian Scale luminaire shall be equipped with a decorative aluminum arm
KA51-S "Marina Arm (MOD)" by King Luminaires as per Drawings No. 206A4970-2 or
206A4301-3. Colour charcoal grey as per Municipality of Clarington standard.
Cobrahead Luminaires
Each luminaire shall be 400 Watt High Pressure Sodium complete with 250 Watt Auto-
transformer or isolated secondary transformer type integral ballast for grounded systems, Type
I) Distribution-Medium Cut-off. For 120 Volt operation per OPSS 2432, Photometric file No.
Cooper OVF (flat glass) 766641.ies or approved equal. Cooper Catalogue Number:
OVF15SW22D, The luminaire shall be complete with 250 Watt high pressure sodium lamp ANSI
designation S50VA-250. Each luminaire shall be equipped with individual photoelectric
controller and receptacle.
Each luminaire shall be equipped with a 2.4m aluminum single tapered elliptical bracket arm.
For further information regarding luminaires or poles, please contact: Mr. Vern Hamlton,
Illumination Design Group, Tel: 905-473-6204,
617.05.03 Low Voltage Cables
Subsection 617.05.03 of OPSS 617 is amended with the addition of the following:
The conductors which connect the luminaire shall be RWU-90 cross link, #12 AWG. Include a
one metre coil for connection to the luminaire.
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
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2008-31 26.
Contractor satisfies the specific requirements of this Contract.
if the luminaire supplier(s) is unable to deliver the luminaires required by the Contract in a timely
manner, the Contractor shall only seek its damages from the suppliers}.
617.05.12 Marking
A permanent label shall be provided and attached to the interior of the luminaire indicating the
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 tramp so that it is clearly visible during maintenance operations.
A label including a wiring diagram shall be attached to each ballast showing the ballast
schematic wiring diagram and shall be visible during main#enance 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.
~.aa~%~°:tf .
CONCRETE FOOTING FOR.LIGHTING POLES - ITEIIA NO. B1;;
Amendment to OPSS 616 dated November 2001
616.05
MATERIALS
Sub-section 616.05.Q6 is amended by the addition of the following sentence.
The contractor shall obtain the anchorage assembly {4) from the Decorative Aluminum Pole
supplier to ensure the mounting bolt circle is compatible with the proposed pole.
616.07 CONSTRUCTIQN
616.07.01 .Concrete Footings in Earth
616.07.01,06 Concrete
Clause 616.07.41.06 of OPSS 696 is amended by deletion of the first paragraph and replacing it
with the following:
Concrete shall be placed, finished, cured and protected according to OPSS 904.' Concrete shall
be sampled and tested according to OPSS 1350.
616.07.06 Quality Control
Pre-installation Testing and Inspection
The Contractor shall inspec# the anchorage assemblies, studs or baits and connection
components_ prior.to installation to ensure that they, meet the requirements of the contract. ,
~s
~;;
~_~
~`a SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL200g-3"I
Z7.
Proof of Performance Te$ting ansf Inspection
The Contractor shall inspect the work to ensure tha# it campiies with the requirements of the
~s,' contract. In particular, and without limiting the foregoing, the Contractor shall inspect the work to
' ensure that all components are installed as indicated in the Contract Documents and that all
footings and pads, including anchorage assemblies, are properly oriented and in working order.
~I
_~I
J
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-31
DESIGN GUIDELINES
SECTION 900
INSPECTION/CONSTRUCTION
SECTION 900
MATERIALS' A1v~
1.0 GE
36
1.01 These guidelines arc to be used in conjuacUioa xith the coaditioas sd out in the
Subdivision Agt, in p~'tiicular Schedule "I"--Duties of Owneu's Egginoa ~d
Schedule "L"-Rioas far Construction.
l .®2 The C;vvrrex's Consulting Engineer shall provide full-bare inspection aad supavisiar of
all Works.
1.03 The Coasut
ttng Engineer shalt take extensive precorrstnretion photos of surrounding
lands, and shall provide dated/described copies of such photographs to the Mtrtricipality.
1.04 Constaucbion sites are to be maintained to prevart urweeessary ponding of water.
1.05 Prior to requesting the inspections (or re_inspedions) from the Municipality, lire
Consulting Engineer shall verify the proper completion of the Works, and submit a
written request.
t .Ott All equipment, materials and mettrods involved in tr+erri~r baclcfill, biting, gxanulars,
concrete and asphalt shall be monitored and Certified as acceptable by the owner's
Geoteclurical F~rgineer (see attached form). Unless noted otherwise, the terns "compacted"
shall mean 95% Standard Proctor or higher.(native materials) and 98% Standard Proctor or
higher (granular materials). Such certification strap be in a form acceptable to fhe 1)iroctor
and shall include all supporting documentation and test results. Mix designs for concrete
and asphalt shall be obtained and approved by the Geotectnucal
Geotectrnica) En ~ ~ ~~. The
gureer shall ensure that the type, freque~y, ~ fron and results of all tests
is suffiieient to ensure certification. Furthem~ore, the Geotechnicat Engineer shall ensure all
results for a given stage of construction are acceptable prior to commencing the next stage
of construction.
2.0 STORM SEWERS
2.01 All materials shall be visually inspected by the Consulting Engineer upon delivery, to
ensure conformity with specifications and the approved engineering drawings, and to
ensure any damaged substandard material is marked and removed from the site
immediately.
2.02 Installation of storm sewers shall be continually monitored for adherence to proper
bedding, pipe laying, backfilling and cornpactioa procedures. Ail storm sewers,
catchbasins and manholes shall be constructed hue to line and grade. Street catchbasins
are to be installed in precise alignment with curb lines, and no tolerances will be
permitted. Rear yard catchbasins shall be accurately surveyed and verified by the
Consulting Engineer for correct location prior to the issuance of a Certificate of
Completion. The precast tops of manholes and catchbasins shall be checked for excess
brickwork prior to roadbuilding.
2.44 Manholes are to be baclcfilkd with
outside fact of the struetuhe. (Catehbas~300 from the face of the m ~° the
~•
2.45 House connections shall extend 1.5 m into the lots and be plugged with ved
removable plugs. Bedding shall be as per approved stardarD drawing. Tees shutll be pre-
manufactur~ecl far pipes 45p~ ~~~~. ~ ~~,~ mod (on site) if 52Sa~m diameter
or larger, and shaU•be secure and watertight. The anvut of all tees shall be locatod above
the springlinc of the sower main and shat! be a minimum of 60thnm f~ the nearest
adjacent tee or joint, unless approved otl~eiwise.
2.06 Concrete pipes into/out of manholes shall be concrete cradled precisely to the first joint. I)
2.07 All storm sewers, including street and rear yard catchbasin leads (and individual service
laterals where directed), shall be inspected using approved high quality video recording i
equipment and procedures. The inspection shall be carried out in a manner acccptabie to
the Municipality and all video tapes shall be subautted to tht Municipality foe review and ~
permanent storage. Video re-inspections may also be requested.
2.08 Infiltration shall not be permitted into the storm sewer system, A11 leaks shall be
investigated to ddennine their source and shall be corrected to the satisfaction of the .
Municipality.
2.09 Pipes which have failed in any manner, including cracking (0.3mm design loading cracks
excepted), exposed reinforcing or other defects, shah tt:; removed and replaced to the
satisfaction of the Director. No repairs shall be undertaken without the consent and the
direct supervision of the Municipality.
3-0 BACICFII.GINC GRADING AND GRpNUI,gR ROAD BASE
3.01 Backfill containing organic or frozen material, or excessively moist material which
cannot support conventional compaction equipment, shall be deemed unsuitable and shall
not be used. The initial lift of native backfili shall not exceed 1.0 rn in depth above the
compacted sand cover over the storm sewer and each additional lift shall be placed in
layers not exceeding 300mm loose measurement unless
Geotechnical Engineer). Each lift shall be compacted unlit it has noble ed t h specified
density before any additional lifts are placed.
3.02 Baclc#illing operations shall follow pipe installation as closely as possible and be limited
to 75 metres of open trench maximum.
IN~'PEC?70N, ~4fATERIALS' AND CONSTRUCTI0IV-38
~ ~
i
3.03 The Gootecturical Enginecx shall doamnatt all tests, including failures and n~s1s, in
sequential order, coatiuuously throughout the projcd. A copy of all test results ahaq be
-- kept at the site tndler, in addition to providing daily Plotting of all test results on the plan
and pm6k drawings.
-~ 3.04 The Consulting F,nginecr shall er~ore that the sub a is 6mc
wrdth, and that the minimum 3% crossfaA is consistead ~~ to the correct
! lon 'hrdinai ruts Y ~~~ '~ no
~ pemritted. Tie Geotoclenicat Eaginoer shall employ appropriate testing
measures to assess the suitability of the srebgrade, including proof-rolling, and dull make
~Pt'oPriate rocoaunendations to the Consulting Enginar and MunicipaGry. Wharever
possible, localized soft areas in the subgrade shall be replacai with suitable native
material, not granular material. When additional granulars must be used, they should be
considered as a strrct by street basis. Subdrains must then be lowered accordingly, and
~ 10: i frost tapers must be
~ provided.
3.05 Subdrains shall be installed only after the subgrade has been proof-rolled and the road
structure has been finali7,eci. Subdrains shall be installed tnre to line and grade, io a
trench condition, aad shall be backfilled with approved granular material having
aggregates not exccediag 19rnrn. Alt subdrains shall be suppUed with a biter sock.
3.46 The Geotechnical Engineer shall confine (m a form acceptable to the Municipality) the
acceptability of each stage of roadbuiiding prior to subsequent stages conur~rrcing.
Subsequent stages of road construction shall not proceed without approval Gorr
Municipal staff.
3.07 After base. curbs are installed, all Granular B must be regraded and verified by Municipal
staff prior to placing Granular A. (Any Granular A placed prior to base curbs shall be
considered Granular B).
3.08 Granular material shall be tested in accordance with the latest O.P_S.S. specifications.
Material shall be tested at the pit and also as it arrives on site. Material not conforming to
the specifications shall be rejected and removed Gom site.
4.0 CONCRETE WORKS
4.01 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be
monitored and all applicable tests (compressive strength, slump, air entrainment, etc.)
shall be carved out by the Geotechnicai Engineer as specified in accordance with 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 early as practical and before any initial cracking occurs. Large cracks or several
INSI',E (1N, TE C®S' iIC774.~1 39
t .
4A5 Prior to placement of top curb, base curb shall be cleaned and
Muunicipal stag: Banc curb aad stirttq~s shall be repairrad urdlor t+eplaced asas direded~ by
4.Ob The depth of top curb at the edge of pavement shall not be less than IOOrnnr and shalt be
continually verified by the Consulting Eagirteex.
4.07 Immediately prior to the placement of top curb or sidewalk, the existing surface shalt be
dampened with water to prevent leaching of moisture &ntni the fresh concrete.
4.08 Driveways to be as per approved house siting plans, with minimum widths of 4.tim for
single detached homes.
5.0 ASPHALT PAVEMENT
5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in
accordance with OF$S 310, 1003 and 1150 (latest revisions thereof).
MarshalUextractivnldensity tests shall be carried out by the Geoteclu»ca1 Engineer in
accordance with OPSS and relating to the approved mix design. Note: Provincial and
Municipal projects differ with respect to contract administration, paving project sizes,
Quality ControUQuality Assurance procedures and testing tiequencies. As such, several
OPSS specifications are not appropriate for Municipal use and shall not apply, as
determined in the sole discretion of the Director_
Since current testing methods do not enableongoing monitoring (and therefore corrective
action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure,
through their own Quality Control methods, that their product meets the basic standards
with no exceptions for `borderline' test results permitted. Any reference to `borderline'
or to taking `immediate corrective action' based on notification of laboratory test results
shall be deleted and the product deemed unaceeplabie_ le_ OPSS D310.08.04.OZ which
permits air voids beyond acceptable limits, provided the contractor lakes `immediate
corrective action' shall not apply. Unacceptable work shall be immediately removed.
Financial compensation using MTO formulas (to offset service life reduction in
borderline work) may be considered, at the sole discretion of the Director, provided such
amount is calculated by the Consulting Engineer, and ail parties are in agreement.
nvs~EC~oN, ,~ ~R~s A1vn co~vsr~UCrtoN--~o
..
5.02 Prior to placing surface asphalt, base asphalt shall be sw clean of all
dust, Areas of base asphalt shall be r+eriwved and ~ ~, debris and
sawcut at all painieters. T'he u~ of a ~ ~ 0d' a vertical
directed by the M i Gko-Gr+d or apptovod equivalent tray also be
umicipal ty. Low arras shall be padded to etts~u+e a surface tnat of
wuforni thicirness,
5.03 Each manhok is to be precisely raised to final grade, and verified by the Devclopcr's
Consulting Eagirtoa and Municipal staff:
5-~ Tack coat shall be appGe~! just prior to surface paving operations and shall be allowod to
dry until it is in a proper condition of tackiness. The lengW of roadway preparrd shall be
limited to the inuuediate paving section, to reduce tracking. It shall be event
the rate of 0.41itreslsq. m taking care not to Y apph~ at
surfaces. ~aY curbs, sidewalks or nay other adjacent
5.05 Driveway paving shat! be fully inspected and verified for depths of stone and asphalt, and
the compaction thereof, and ensurin that
placement. HL3A g asphalt ~ at a sufficient tture for
(EII.,3~ will not be permitted, except in special cases with the
approval of the D'uedor. Crowning or rounding of the limestone will not be permitted.
Materials testing maybe required for driveway apron gravel and asphalt, as directed.
6.0 TOPSOIL, SODDING AND SEEDING
6.Oi All areas requiring sod shall fast be fine graded, inspected by the Consulting Engineer,
then prepared with 10(hnm of good quality topsoil. Topsoil and soddwg~shall meet the
requirements of OPSS 570 and 571, in addition to meeting any additional requirements
set out in these specifications. Boulevards shall have 2% positive drainage toward the
curb and shall be fully sodded; except in areas covered by driveway aprons or sidewalk.
6.02 All topsoil shall be flee Gom native till or clay, tools, vegetation, weeds or debris, stones
and clods over SOmm in diameter, Imported topsoil, if r air
eq ed, shall be fertile, loamy,
screened material of a quality acceptable to the Director (containing approximately 4%
organic matter for clay foams and 2% minimum organic matter for sandy foams with
acidity range of 6.0 PH)_ Topsoil infested by the seeds of noxious weeds will not be
acceptable_
6.03 All sod shall meet the requirements oC Ontario Sod Grower's Association No. 1 Bluegrass
Fescue Nursery sod. The ~ shall be taken from good loamy soil and shall be healthy,
well permeated with roots, have uniform textwe 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 flush with all
adjacent surfaces and shall have no open gaps, overlapping edges or uneven joints.
Where adjacent or fronting lands have already been sodded, care must betaken to ensure
revs ®~, ~°.~ LsA~ c®r~s v ---~r
i
CORPORATION OF THE MUNICIPALITY Of CLARINGTON
CONTRACT NO. CL2008-31
STANDARD DRAWINGS
PAGE QNE
STAiVDAR® D~tAW1t~GS
-~~=' CONTRACT i~4. CL2008-3'i
STANDARD NO. DESCRIPTION
{ C 307 Standard Concrete Sidewalk
309 Standard Approach for Residential Driveways
OPSD 2000.010 Electrical Abbreviations and Symbols
2001,010 Electrical Legend !
2001.020 Electrical Legend it
2001.030 Electrical Legend III
2001.080 Electrical Legend VIII
2001.090 Electrical Legend tX
2101.01 Duct Installs#ion in trenches
2103.02 Duct Installation Profiles
2103.05 Duct Installation at Utility Crossings
~;
2112.01
Electrical Handhole Precast Concrete with Cover 300mm Dia.
~~
2123.03
Electrical Handholes Entry of Direct Buried and Encased Ducts
2200,01 Concrete Footing far Base Mounted Lighting and Signal Pales
t
~ 2210.020 Installation of Direct Buried Poles in Stapes
~. 2220.01 Pole Handhole Locations
2235.01 Pole Guying Details
`~~ 2245.01 Installs#ion of Aerial Cable Systems
2250.01 Aluminum Tapered Elliptical Brackets on Metal and Concrete
~~ Poles, Mounting Details
'-~ 2255.010 Pole Wiring Diagram 120V System
2255.020 Poie Wiring Diagram 120J240V System
2420.01 1.8m or 2.4m Aluminum Tapered Elliptical Bracket
2421.010 Larnp Wattage Label for Luminaire
t")
~
~
MTOD 2117.02 Electrical Handholes General Installs#ion Requirements
2245.020 Minimum Vertical Clearances for Aerial Cable Systems
`~~ 2250.020 Truss Brackets Mounting Details
;,.
~,,;
,,
King Luminaire Shop Drawings:
~.~~
~-: 206A4970-2 Ped estrian Scale Light (Aurora} Mounted on New Pedestrian Pale
206A4505-3 Decorative Median Lights
ii:.
e°-'1
t>~!
DIRECTIONAL ONES:
MIN. 0.3m APART
AND 1.5m LONG
•
MAXIMUM SPACING OF 30m BETWEEN D(PANSION
JOINTS AND WHERE SIDEWAUC ABUTS ANY RIGID
STRUCTURE
0.75
PROPERTY UNE
1.8 1.5
w 1
CONCRETE
INFlLL CONTRACTION JOINTS {TYP.)
DEPRESSED CURB-~'~
1.5
OJ5 w
~
1 a
~
2X ~ a
• ~••
~
\, i
130mm
150mm AT DRIVEWAYS COMPACTED NATNE MATERIAL
(SEE NOTES 1 AND 2)
NOTES
1 Use 100mm compacted granular 'A' if native material is deemed unacceptable by the Municipality.
2 Subgrade material to be well compacted, then dampened immediately prior to po uring sidewalk.
3 Concrete shall conform to OPSS specifications (30MPa, 7 % X1.5% air).
4 Curing compound to be sprayed on sidewalk within 1 hour of finishing.
5 Expansion joints to be be placed full depth of sidewalk.
6 Contraction joints to be 25% of full depth of sidewalk.
7 Surface of sidewalk to have a broom finish.
All dlmonalona aro in motroa unioaa othonvlao notod.
M ieipality of Clarin ton Engineering Services Department
~~ Renswa tw.
• wa:a~n wn:
'"~`°~° :
,
STANDARD CONCRETE SIDEWALK
C-307
APRIL 2004
REFER TO APPROVED
HOUSE SfT1NG PLAN
(MAX. 6.Om)
STREET
UNE
UMR OF.
APPROACH PAVING
2X TO 8% CONCRETE SIDEWAU(
MIN. 5Omm HL3 ASPHALT
MIN. 15Gmm GRANULAR A" OR
CRUSHER RUN UMESTONE(COMPACTEO)
COMPACT® SUBGRADE
SIDEWALK SIDE OF STREET
stREEr
UNE
2X TO BX
~--MIN. 15Omm GRANULAR "A" OR
CRUSHER RUN UMESTONE(COMPACTED)
COMPACTED SUBGRADE
NON-SIDEWALK SIDE OF STREET
All dlmanalona ars In millimetres unioas othenvla® noted.
~ Mu 1C1pa11L~ OI c;larington En ineerin Services De artment
cNEacm
REVwa~ No.
..
DRIVEWAY APPf~OACH FOR °^~
o~~ RESIDENTIAL DRIVEWAYS 0_309
APRIL 2004
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
B~K Black ITS
BLU 81ue
JB
CCT Circuit
CE CODE Canadian Electrical Code ICS
CMS Changeable Message Sign lV
CCTV Closed Circuit Television
COMM Communication MH
C/W Complete With
COND Conductor NEUT
CONT Control NIC
COT Conduit
CSA Canadian Standards Association OESC
CTMS Corridor Traffic Management System
PCS
be Direct Buried PUC
DC Direct Current PXO
EC Electrical Chamber RF
EMI Electromagnetic Interference RFI
EQPT Equipment RMS
ELV Extra low Voltage
TS
FO Fibre Optic
FTMS ,Freeway Traffic Management XFMR
System
GRN Green UPC
GRD Ground VDS
WHT
YEl
Electrical Handhole
Nigh Voltage
Hydro Electric Commission
Insulated Ground (green)
Impedance
Inductance
Intelligent Transportation Systems
Junction Box
lane Control Sign
Low Voltage
Electrical Maintenance Hole
Neutral
Nat 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
White
Ysllow
SYMBOLS
AI Aluminum S1 Ohm
A Ampere PVC Polyvinyl Chloride
Cu Copper V Volt
F Farad VA Volt Ampere
H Henry W Watt
Hz Hertz Wh Watt Hour
ONTARIO PROVINCIAL STANDARD DRAWING ~ 1996 09 15 ~ Rev
ELECTRICAL ---------- v s
Date _-__--
A EEVIATIO ND SY BOLS OPSD - 2000.01®
DUCTS AND CABLES
--~- 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
~~q gr~q Existing Cables and/or Ducts to Remain in Place
-~LCU-~~~CU# Existing Cables and/or Ducts to be Removed
~-~cA-~~cA-~- Existing Cables and jar Ducts to be Abandoned
Identification Codes For Existing Duct or Coble 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.
ONTARIO PROVINCIAL STANDARD DRAWING
L I
1996 09 15 I Rev
Date. _ _ _ - - - I
OPS® -- 2001.010
MANHOLES, JUNCTION 60XES
® MH32 Electrical Maintenance hole with Identification Code
p J636 Junction Box, Embedded or Surface Mounted with
Identification Code
HH21 Electrical Handhole, Underground with Identification Code
PADS AND FOOTINGS
Q CP33
Q F43
,.QQ F44
SF3
POLES
P24
O EP32
is
R33
Concrete Pad with Identification Code
Footing i,n Earth or Rock with Identification Code
Footing on Structure with Identification Code
Sign Footing with Identification Code
Pole with Identi#ication Code
Existing Pole to Remain with Identification Code
Identification Codes for Existing Pole Usage:
A Authority Owned Pole
t3 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
ONTARIO PROVINCIAL STANDARD DRAWING
ELECTRICAL LEGEND II
1996 09 15 I Rev
--------~~ 5
OPSD - 2001.02®
Lurr«inaire
Luminaire with Shield
~(
~~~~~
L18
SUPPLY `A'
12o/240V, 1~ 3W
4NTAR44 PRflV4NCIAL STANDARD DRAWING ___- 1 s96 09 ~ ~ Rev ,
Floodlighting Luminaire
Underpass or Surface Mounted Luminaire
Luminaire, Number Shown Indicates Luminaire
Location on High Mast Ring with Respect to
Pole Nandhole, Note 1
Luminaire with Bracket, Note 1
Existing Luminaire to be Removed. Bracket to Remain, Nate 1
Existing Luminaire and Bracket . #o be Removed. Note 1
Future Luminaire and Bracket, Nate 1
Luminaire identification Code
Power Supply Equipmen#
Transformer
Generator
Power Supply Equipment, Pad and/or Footing Mounted, Note 2
Power Supply Equipmen# lden#ification Code
Other applicable description may be used for
transformer, generator, etc..
Photoelectric Controller
NOTES:
1 Luminaire symbol shown is for illustration. only, other Luminaire
symbols may be used.
2 Power supply equipment symbol shown is for illustration only,
other equipment symbols such as generator, transformer, etc.,
may be used.
L I ` 4~
aP
,j
Date - - - - =
w,
c
e
r
h
MISCEU.ANEOUS
~ ~
R1~
Ground Etectrode(s~
Cable Protection Bricks, Concrete Cap, or Marker Tape
in Trench
Identification Code for Removal Equipment
WIRING DIAGRAMS
Conductors, Single or Multiple, identified by Note
Indicates Cables to be tnstaged in the Same Duct
Indicates Spare Duct far Future Use
14 TS-75mm Wiring Identification Note
T `~`~•~ Duct Size, Aerial, ar Direct Buried
Type of Cable:
TS -Traffic Signal
• HV -High Vol#oge
LV --~ low Voltage
ELV -Extra Low Voltage
CONT -Control
BGRD - Bare Ground
lGRI7 - 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
-$-
3
/'"
~ J OR ` ~
OR
In-Line Cable Splice; Number Denotes Number of Cables
Tap Cable Splice; Number Denotes Number of Cables
Wiring Enclosure, Manhole, Junction Box, etc.,
Identification Code Matches Layout Drawings
Equipment item; Identification Code Matches
Layout Drawings
O~iTAR10 PR®V1NCIAL STANDARD DRAWING _ - y 1 sss os ,~ ~ Rev 1. -~ ~~ ~
LCT ~ L L G P~ Y1i1
Date _ _ ~~
a~s~ - 2oa~.o
WIRING DIAGRAPAS "CONT'D"
Single Phase 2 Wire System:
BLK Black, Line
WMT 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.
8 Symbols for 'Existing' and 'Future' items are included only for wider used
items. In general, existing features are shown in screened or light lines and/or
shown with a letter `E' ; new construction is shown in bold or heary 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".
ONTARIO PROVINCIAL STANDARD DRAWING
~L~ L 1
1996 09 151Rev
---------- J
Date•______
0~'SD - 2001.090.
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
0 1 N/A 150 205 300 460 610 N/A N/A N/A N/A N/A
2 N/A N/A N/A N/A 205 300 350 460 460 610 610
1 1 150 255 460 610 610 N/A N/A N/A N/A N/A N/A
2 N/A N/A 205 255 300 460 460 610 610 610 N/A
2 1 300 460 610 N/A N/A N/A N/A N/A N/A N/A N/A
2 150 255 255 460 460 610 610 610 N/A N/A N/A
3 1 460 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A
2 300 300 460 460 610 610 610 N/A N/A N/A N/A
4 1 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
2 300 460 460 610 610 N/A N/A N/A /A N/A N/A
NOTES:
1 Install ground wire in the duct, or trench as indicated in the contract.
A Install cable brick, or concrete slab, marker tape, concrete duct marker
.where indicated in the contract. See OPSD-2100.05.
B This drawing is used in conjunction with OPSD-2103.02.
C Contractor has the option of installing one, or two layer duct arrangement.
D N/A -Not Applicable, undesirable, or exceeding equipment limits.
E All dimensions are in millimetres or metres unless otherwise shown.
Rock line
Finished grade Backfill material finished grade
0 to 700mm
.. ~T ~ .. .. •. ~
c ..
U U
Backfill o cv .
materiol c` ~ ~ o ~ ~ '
50mm min ~ 'o ~ ° ~ •• •E ' :•
rYP :•~ • ,~. v w ~ .., .. E •• Duct
Duct o a `p ' ' `p '
<t d- .
Ground ::l ~ °m ° •• ~ ~ Duct ••Q •
wire 'n w ••
Note 1 ~ ~ .O. O ~ SOmm min
Sand bedding 50mm min TYP
Ground wire 'O
50mm -I 1-- --I F-- 5 mm Ground wire
0 Note 1 ONE LAYER Note 1 TWO LAYER
min min ARRANGEMENT ARRANGEMENT
IN ROCK IN EARTH IN EARTH
ONTARIO PROVINCIAL STANDARD DRAWING Date 1992 12 15 Rev
DUCT INSTAL TIO Date ______
TRENCHES ~ OPSD - 2 0 .01
1 1
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Duct or outer edge
of cone encasement
TYPE ,~+~:
Loose -~
Styrofoam fill
Typ.
450mrn min Utility depth
,~,~:~, X' ~,
,~ ,
150 ~ ~ , 45'
~~--i F--150
Utility depth
X45' ~'~
Depth of
150 duct or
encase duct
CROSSING OVER UTILITY
Finished grade
Typ
~_~__~~~
.. f___. 300
Slope to avoid low point mm
where elevations permit min
CROSSING UNDER UTILITY
CROSSING OVER CONCRETE
ENCASED UTILITY
150 ~
150 {~"~ ~ '~
.. ~s0 45•
~_ 300
Slope to ovoid low point mm
where elevations permit min
CROSSING UNDER CONCRETE
ENCASED UTILITY
NOTES:
A The required clearance 'x' between the utility B Trench widths shall be kept to the
and the ducts or concrete encasement is: minimum required for working space.
UTILITY 'x' mm min Manual excavation and backfill methods
shall be used, with the utility supported
Ducts, Direct in place where required, where crossing
Buried or 100 - under a utility is necessary.
Encased C All dimensions are in millimetres or
All other pipes 300 metres unless otherwise shown.
High Voltage cables 300
All other cables 300
W N ~ Z
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Note
75mm minim
concrete cove
god template
evel. Remove to
concrete after
I set.
ri chamfer
Finished grade lir
3e
Fibre tubing
formwork, 6
minimum de
4-10M ties
® 150mm c
See table fc
of 10M ties
450mm c/c
m rigid
sleeve
2
r
o~er~°p
10M
PLAN
~„__ ... ~_ .. ^5mm
sped
age
8-20M rod:
NOTES:
1 For anchorage assembly see OPSD-2215.02.
2 Minimum of two sleeves required for each
concrete footing. Three sleeves as specified.
3 Top of footing sholl be iristalied at 40mm
f15mm above finished grade in paved or
concrete areas and 75mm f25mm above
finished grade in earth or granular areas.
A For pole mounting details see OPSD-2215.03.
B Ali dimensions are in millimetres unless
POLE
LENGTH BURIAL
DEPTH ROD
LENGTH
A
NO.. OF 10M BOLT CIRCLE bIA
FOR METAL POLES
m N
m
m
mm TIES ~ 450
c/c
Aluminum
Steel Sectional
Steel
5, 6 2.15 2.00 100 3 N/A N/A 449
7.0 2.15 2.00 100 3 N/A N/A 449
7.5 2.15 2.00 100 3 406 406 N/A
8.7 2.45 2.30 250 3 N/A N/A 449
9.0 2,45 2.30 0 4 406 406 N/A
10.5 2.60 2.45 100 4 406 406 449
12.0 2.75 2.60 150 4 406 406 N/A
13.6 2.90 2.75 0 5 406 406 N/A
i5.1 3.05 2,90 100 5 406 406 N/A
Nov 2005 Rev
/c~'0gC- i~\
~PSD 22®0.® ~
ELEVATION
REINl-ORCEMENT
ELEVATION
LAYOUT
Offset _
Note 1
~ Pole
Edge of
travelled way - ~
+~~
L~
Burial depth
Note 2
DIRECT BURIED POLE IN CUT
Offset
Edge of Note 1
travelled way ~ Pole
I~l
I~i
I I
I'I
LIB
Burial depth
Note 2
DIRECT BURIED. POLE IN FILL
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 ~, srago
0 P
INSTALLATION OF ---------- ~~ S,~`~
- C'~pq`- f""
DIRECT BURIED .POLES IN ~~ SLOPES ~ OPSD 2210.020
~ °
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ground wire to luminaires)
Note 1
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copper to copper with
insulating covers
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I ILJ IL.1
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cables
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ground wire
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as indicated on lighting
layout drawings
NOTE:
1 Broken lines indicate additional conductors for double luminaire installation.
# 12 AWG stranded copper -- # 12 AWG low voltage
ground wire to luminaires) I I I riser wires
Note 1 ~
I I ~
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1
II
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ground wire
Ground electrode located
Cable to cable ground connection as indicate on lighting
layout drawings
NOTE:
1 Broken .lines indicate additional conductors for double luminaire installation.
1996 09 15 1 Rev
----------, 5
Date ______.
~PSD - 2255.020
L
\~ S6. _,_._~ 5.
r '
Circular section
60mm OD
H
/' 4.775mm wall thickness
Elliptical section
Detail A
DETAIL A
25mm dia hole
32mm dia hole
A
DIMENSION 6RACK~7
1.8m 2.4n~
L 1.8m 2.4n, __
H 0.9m j,lni
Elliptical
Section 64x108
mm 00 70x1l'a
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25mm min
BOTTOM VIEW
Lamp wattage lobe!
25mm min
SIDE VIEW
Background colour
Note 1
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.
ONTARIO PROVINCIAL STANDARD DRAWING
LAMP WATTAGE LABEL
FOR ~ LUMINAIRE
Nov 2005 IRev
OPSD 2421.010
Handhole cover
Handhole frame
0
u~
Note 4 ~-Finished grade
I Flexible duct
Ground lug attached to
metal frame mounting bolt
Note 2 ~
Ground lug welded
to metal cover
Note 3 ~
Coiled 1.Sm o f
#6 AWG
stranded ground
wire
0
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°o
cp
1000 -
#6 AWG system
ground wire
Rigid duct
Duct entry hole
Typ, Note 1
Flexible duct
~ Ground rod where required -
Rigid duct
•} 19mm clear crushed stone
I drainage pocket and foundation
------J
T ~~
is I
.~ (
(
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o (
M l
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L___°_°
NOTES;
1 For duct entry details see OPSD-2123.03.
2 For handholes with metal frames, ground wire shall be attached to frame using a
ground lug suitable for #6 AWG stranded copper wire.
3 For handholes with metal covers and non metallic frames, the ground wire shall be
attached to the handhole cover using a ground lug suitable for #6 AWG copper wire.
4 In raised traffic islands, install 12mm expansion board at back of curb.
A For specific handhole details see OPSD-2112.01, 21 12.02, 2112.030, 2112.040
2112.05, 2113.010 and 2115.01.
B All dimensions are in millimetres unless otherwise shown.
I MINISTRY OF TRANSPORTATION ONTARIO DRAWING I February 2006 I Rev I I
ELECTRICAL HANDH®LES ---------------
GENERAL INSTALLATION REQUIREMEWTS ~-r®® 2117.®2
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her and nut, 4 required
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40x6mm min thick steel
hot dip galvanized
Rubber gromment
20mm ID
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~~`~ o
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~ ; ~----- Concrete pole
TRUSS BRACKET'
is stainless steel he>
t, flat washer,
her and nut, 8 requ
Bracket clamp plate
40x6mm min thick :
hot dip galvanized
Rubber gromment
20mm ID
Brocket mounting plate
DETAIL `A'
D
O
1
SECTION A-A
FOR SINGLE MOUNTING
REV
KA51-5 MARINA ARM (MOD)
PAINT: RAL 7012
PHOTO BUTTON CELL
K729 AURORA JR.
LUMINAIRE
PAINT: BLACK
(2) FLOWER POT HOLDERS
x 18'L C/W DECORATNE
SCROLL dt 1/4"-20 EYEBOT
WITH 1/2" LD. EYELET
PAINT; CHARCOAL GRAY MATCH
- ~„~J 1g"
/1 t\ ''1
** ND ACRYLIC REQ 111 RED **
ZINC.
OVERPLATE
iWIRE
N SCREWS
ALTERATION {DATE { BY
LUMINAIRE GPECIFlO ATION~S
CATALOGUE NO.: K729-RFl.-III-100(MOG)
-HPS-120-PBC
QUANTfIY:
OPTICAL SYSTEM: REFLECTOR FLAT LENS
IFS CLASS.: TYPE III
WATTAGE: 100W
SOCKET TYPE: MOGUL
LIGHT SOURCE: HIGH PRESSURE SODIUM
LINE VOLTAGE: 120V
PAINT: BLACK
OPTIONS:
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OTHERS
BALLAST INFORMATI
BALIAST TYPE: ON:
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HX-HPF HX-PIPE'
BALLAST MANU.; UNNERSAI. ADVANCE
CATALOG NUMBER: 5100MLTLC3M 71A8091
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CATALOGUE NO.: S
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CATALOGUE NO.: NS
KYC18-G-E11 C/W 1A0-1B/30
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QUANTTIY:
SECTION: ROUND
COLOUR: ECLIPSE (NO ACRYLIC)
FlNISH: ETCHED
POLE TOP: 914 3/4"
POLE BUTT: 911 Q"
P01E LENGTH: 22' 6"
APPROX WEIGHT: 965 Tbs.
MIN. RACEWAY: 1 1/4" fs
1" COUPLING
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H.H.SOX
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ORDER No: PROJECT C STOMER:
CLARINGTON
ORDER No:
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M.L. AT:
SC1 CHECKED BY:
~ DATE:
5/5/08. REVISION:
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2008-31
OPS GENERAL CONDITIONS OF CONTRACT
(November 2006
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\\~~y~ s~ Roads and Public Works November 2006
OPS GENERAL CONDITIONS OF CONTRACT
Table of Contents
' SECTION GC 1.0 -INTERPRETATION
GC 1.01 Captions .................................................................................................................6
~ GC 1.02 Abbreviations ....................................................................................................... .. 6
GC 1.03
f Gender and Singular References ........................................................................ :. 6
~ GC 1.04 Definitions ,,,,,,,,,,,,,,,,,,,,,,,
..................................................................................... ,, g
I GC 1.05
I Substantial Performance ...................................................................................... 11
,
~ GC 1.06
Com letion ...
p ........................................................................................................
11
'~ GC 1.07 Final Acceptance ................................................................................................. 11
GC 1.08 Interpretation of Certain Words ............................................................................ 11
' SECTION GC 2.0 -CONTRACT DOCUMENTS
~ GC 2.01 Reliance on Contract Documents .....................................................................:..12
I
GC 2.02 Order of Precedence ............................................................................................12
SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT
~ GC 3.01 Contract Administrator's Authority ..: .................................................................... 14
' GC 3.02 Working Drawings ................................................................................................ 15
GC 3.03. Right of the Contract Administrator to Modify Methods and Equipment .............. 16
GC 3.04 Emer enc Situations .......................
9 Y ................................................................... 16
GC 3.05 Layout ....................:............................................................................................. 16
GC 3.06 Extension of Contract Time .................................................................................. 16
GC 3.07
i
Delays ..................................................................................................................
17
GC 3.08
' Assignment of Contract .....................................................................:.................. 17
,
' GC 3.09 Subcontractin b the Contractor ..
g y ...................................................................... 18
' Page 1 Rev. Date: 11/2006 OPSS.MUNI 100
,
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 Negotiations::..: ...:.:.:: ..::.........................:......................:............................... 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 Procedure ...:....: .................................................................................. 22
GC 3.14.03 Appointment of Arbitrator .:................................................................................... 22
GC 3.14.04 Costs.... ......:.: ...: .:...........................:....:.......:,....................................:........:... 22
GC 3.14.05 The Decision:::...,::.: ....:.............................................:.......................................... 23
GC 3.15 Archaeological Finds ............................................:....:.....:.................................... 23
SECTION 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 Contractor.::..: .:............................................................................. ?.5
GC 4.06 Contractor's Righf to Correct a Default ................................................................ 25
Page 2 Rev. Date: 1112006 OPSS.PAUNI 100
GC 4.07 Owner's Right to Correct a Default ...................................................................... 26
' GC 4.08
i Termination of Contractor's Right to Continue the Work ..................................... 26
GC 4.09 Final Payment to Contractor ................................................................................. 26
i GC 4.10 Termination of the Contract ................................................................................. 26
~ GC 4.11 Continuation of Contractor's Obligations .........................:................................... 27
i
GC 4.12
Use of Performance Bond ....................................................................................
27
GC 4.13 Payment Adjustment ............................................................................................ 27
SECTION GC 5.0 -MATERIAL
i GC 5.01 Supply of Material .................................................... ............. 28
...............................
GC 5.02 Quality of Material .............................. .............. 28
GC 5.03 Rejected Material ................................................................................................. 28
i GC 5.04 Substitutions .........................................................................................................29
I
' GC 5.05 Owner Supplied Material ...................... ........,.......................... 29
GC 5.05.01 Ordering of Excess Material ................................................................................. 29
I
GC 5.05.02 Care of Material .................................................................................................... 29
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01 Protection of Work, Persons, and Property .........................~................................ 31
GC 6.02 Indemnification ........................... .................
......................................................... 31
t GC 6.03
i Contractor's lnsurance ......................................................................................... 32
' GC 6.03.01 General ................................................................................................................ 32
GC 6.03.02 General Liability Insurance .................................................................................. 32
GC 6.03,03 Automobile Liability Insurance ............................................................................. 33
', GC 6.03.04 Aircraft and Watercraft Liability Insurance ........................................................... 33
GC 6.03.04.01 Aircraft Liability Insurance .....................:.............................................................. 33
GC 6.03.04.02 Watercraft Liability Insurance .......................................................:....................... 33
' GC 6.03.05 Property and Boiler Insurance ............................................................................. 33
GC 6.03.05.01 Property Insurance ............................................................................................... 33
GC 6.03.05.02 Boiler Insurance ................................................................................................... 34
GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .............. 34
GC 6.03.05.04 Payment for Loss or Damage .............................................................................. 34
Page 3 Rev. Date: 11/2006 OPSS.MUNI 100
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 RESPONSIBIkiTIES AND CONTROL OF THE WORK ~~
~
GC 7.01
General .......:. ..:........ .......:...:........,...,.................,..............:.....................,. ,
.....37
GC 7.02
y .............. ......... ........................................
La out ........................................ .....39 i
GC 7.03 Working Area.....: .........:.::::...:.........................,......................,:.......................,. .....39
GC 7.04 Damage by Vehicles or Other Equipment ...............................,......................,. .....40 ~~
GC 7.05 Excess Loading of Motor Vehicles ....................................:...,........................... ....,40
GC 7.06 Condition of the Working Area :.............................:.......................................... .....40 I
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
i
GC 7.10 Suspension of Work .......................................................................................... ..::.42
GC 7.11 Contractor's Righf fo Stop the Nlork or Terminate the Contract ........................ :...42 ~
GC 7.12 Notices by the Contractor ................................................................................. .....42
GC 7.13 Obstructions ....:.::...................... ..........,,.... ....43
GC 7.14 Limitations of Operations ................................................................................... ....43
GC 7.15 Cleaning Up Before Acceptance ........................................................................ ....43
GC 7.16 Warranty:,::.....::.:: ............................................................................................... ....43
GC 7.17 Contractor's Worfcers ..........................................................:......:....................... ....44
GC 7.18 Drainage: ......:...:................................................................:...:............................ ....44
SECTION GC 8.0 - MEASUREMENT AND' PAYIIflENT
GC 8.01 Measurement .............:....:.:..............:.........:................:...................................... .. 45
GC 8.01.01 Quantities:..' ...................:......................................:............................................. .. 45
GC 8.01.02 Variations in Tender Quantities ..........................................:............................:,. .. 45
Page4 Rev. Date: 1112006 OPSS.MUNI 140
GC 8.02 Payment ...............................................................................................................46
GC 8.02.01 Price for 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 Certificate .............................................................................. 47
GC 8.02.03.02 Certification of Subcontract Completion .......................:...................................... 47
GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .................... 47
GC 8.02.03.04 Certification of Substantial Performance ............................................................. 48
GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates ............................................................. 48
GC 8.02.03.06 Certification of Completion ................................................................................... 49
GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release
Payment Certificates ............................................................................................ 49
GG 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 Payment for Work ................................................................................................ 53
GC 8.02.04.04 Payment for Labour ............................................................................................. 53
GC 8.02.04.05 Payment for Material ............................................................................................ 53
GC 8.02.04.06 Payment for Equipment ....................................................................................... 53
GC 8.02.04.06.01 Working Time ....................................................................................................... 53
GC 8.02.04.06.02 Standby Time .................................................................... ..................
................. 53
GC 8.02.04.07 Payment for Hand Tools ............................................................:..:.::...:............... 54
GC 8.02.04.08 Payment for Work by.Subcontractors .................................................................. 54
GC 8.02.04.09 Submission of Invoices ...................................................................................:.... 54
GC 8.02.04.10 Payment Other Than on a Time and Material Basis ............................................ 55
.GC 8.02.04.11 Payment lnclusions ...................................................................................:.......... 55
GC 8.02.05 Final 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 Damages ............................................................................................ 56
Page 5 Rev, Date: 11/2006 OPSS.MUNI 100
SECTION GC 1.0 -INTERPRETATION
I
GC 1.01 Captions
! .01 The captions appearing in these General Conditions have been inserted as a matter of convenience
and for ease of reference only and in no way define, limit, or enlarge the scope or meaning of the
General Conditions or any provision hereof.
GC 1.02 Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organ
i izations and phrases listed on the right:
"AASHTO" - American Association of State Highway Transportation Officials
"ACI" - American Concrete Institute
"ANSI" - American National Standards Institute
"ASTM" - American Society for Testing and Materials
"AWG" - American Wire Gauge
"AWWA" American Water Works Association
~
"CCIL" _
Canadian Council of Independent Laboratories
i "CESA" - Canadian Engineering Standards Association
"CGSB" - Canadian General Standards Board
"CSA" - Canadian Standards Association
"CWB" - Canadian Welding Bureau
"GC" - General Conditions
"1S0" - International Organization for Standardization
~ "MOE" - Ontario Ministry of the Environment
~ "MTO" - Ontario Ministry of Transportation
"MUTCD" - Manual of Uniform Traffic Control Devices {Replaced by OTM)
"OPS" - Ontario Provincial Standard
j "OPSD" - Ontario Provincial Standard Drawing
i "OPSS" - Ontario Provincial Standard Specification
"OTM" - Ontario TrafilC Manual
i "PEO" - Professional Engineers Ontario
"SAE" - Society of Automotive Engineers
' "SCC" - Standards Council of Canada
"SSPC" - Structural Steel Painting Council
"UL" - Underwriters Laboratories
' "ULC" - Underwriters Laboratories Canada
GC 1.03 Gender and Singular References
.01 References to the masculine or singular throughout the Contract Documents shall be considered to
include th e feminine and the plural and vice versa, as the context requires.
GG 1.04 Definitions
.01 For the purposes of this Contract the following definitions apply:
Actual 1tAeasurement means the field measurement of that quantity within the approved limits of the
Work.
Addendum means an addition or change in the tender documents issued by the Owner prior to tender
closing.
Page 6 Rev. Date: 1112006 OPSS.MUNI 100
Additional Work means work not provided' for in the Contract and not considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope.
Agreement means the agreement between the Owner' and' the Contractor for the performance of the
Work that is included in the Contract Documents:
Base means a layer of material of specified type and thickness placed immediately below the pavement
wearing surface layers, curb and gutter; or sidewalk.
Business Day means any Day except Saturdays, Sundays, and statutory holidays.
Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion..
Certificate of Substantial Performance: means the certificate issued by the Contract Administrator at
Substantial Performance.
Change Directive means any written instruction signed by the 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; grados;
dimensions; quantities; methods; drawings;'substantial changes in geotechnical, subsurface, surface, or
other conditions; changes in the character of the Work to be done; or materials of the Work or part
thereof, within the intended scope of the Contract.
Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or
the Contract Administrator where so authorized, covering. contingencies, a Change in the Work, Extra
Work, Additional Work, and changed'subsurface conditions; and establishing the basis for payment and
the time allowed for the adjustment of the Contract Time.
Completion Certificate-means the certificate issued by the Contract Administrator at completion.
Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act, R.S.O. 1990, c.0,1, 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 obiigatloris as prescribed in the Contract Documents.
Contract Administrator means. the person,. partnership, or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract.
Contract Documents mean the- executed Agreement between the Owner. and the Contractor, Tender,
General Conditions of Contract; Supplemental General Conditions of Contract, Standard. Specifications,
Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the
execution of the Agreement; such other documents as may be listed: in the Agreement, and subsequent
amendments to the Contract Documents made pursuant to the provisions of the Agreement.
Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report,. any
Subsurface Report, and any other reports and information provided by the Owner for the Work, and
without limiting the generality thereof;: may include soil profiles,. foundation investigation reports,
reinforcing steel schedules, aggregate sources lists; Quantity Sheets, and cross-sections.
Contract Time means the time stipulated in the: Contract Documents for Substantial Performance of the
Work, including any extension of Contract!Time'made pursuant to the Contract Documents,
Page 7 Rev. Date: 11/2006 OPSS.MUNI 100
Contractor means the person, partnership, or corporation undertaking the Work as identified in the
Agreement.
Controlling Operation means any component of the Work that, if delayed, may delay the completion of
the Work.
Cost Plus has the same meaning as "Time and Material."
Cut-Off Date means the date up to which payment shall be made for work performed
' Daily Work Records mean daily Records detailing the number and categories of workers and hours
worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and
I description and quantities of Material utilized.
I
Day means a calendar day.
Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working
Plans, or any reproductions of drawings or plans pertaining to the Work.
End Result Specification means specifications that require the Contractor to be responsible for
supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price
adjustment that is commensurate with the degree of compliance with the specification.
'I Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting
~ the Work and normally referred to as construction machinery and equipment.
Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context.
~.
Extra Work means work not provided for in the Contract as awarded but considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope,
~ including unanticipated work required to comply with legislation and regulations that affect the Work.
Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final
Acceptance of the Work.
I Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing
the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract,
including variations in tender items and Extra Work, all as set out in the same general form as the
monthly estimates.
Force Account has the same meaning as "Time and Material."
Geotechnical Report means a report or other information identifying soil, rock, and ground water
conditions in the area of any proposed Work.
Grade means the required elevation of that part of the Work.
Hand Tools means tools that are commonly called tools or implements of the trade and include small
power tools.
Highway means a common and public highway any part of that is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines thereof.
Lot means a specific quantity of material or a specific amount of construction normally from a single
source and produced by the same process.
Page 8 Rev. Date: 1 U2006 OPSS.MUNI 100
Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment is not based on ameasured-quantity, although a quantity may be given
in the Contract Documents.
Major Item means any tender item that has a value, calculated on the basis of its actual or estimated
tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal. or greater than
the lesser of,
a) $100,000, or
b) 5% of the total tender value calculated on the basis of the total of all the estimated tender
quantities and the tender unif prices.
Material means material, machinery, equipment and fixtures forming part of the Work.
Owner means the party to the Contract for whom the Work is being performed, as identified irr the
Agreement, and includes, with the same meaning and import, "Authority."
Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch.
Performance Bond means the' type of security furnished to the Owner to guarantee completion of the
Work in accordance with the Contractarid to the extent provided in the bond.
Plan Quantity means that"quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
Project means the construction of the Work as contemplated by this Contract.
Quantity Sheet means a list of the quantities of Work to be done.
Quarried Rock means material` removed from an open excavation made in a solid mass of rock that,
prior to removal, was integral with the parent mass.
Quarry means a place where Aggregate has been or is being removed from an open excavation made in
a solid mass of igneous, sedimehtary; or metamorphic rock or any combination of these that, prior to
removal, was integral with the parentareas.
Rate of Interest means the-rate of interest as determined. under the Financial Administration Act by the
Minister of Finance of Ontario and issued by, and available from,.. the Owner.
Records mean any books, payrolls; accounts, or other information that relate to the Work or any Change
in the Work or claims arising therefrom:
Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes
the Shoulders;
Shoulder means that portion of the Roadway between the edge of the travelled portion. of the wearing
surface and the top inside edge of the ditch or fill slope.
Special Provisions mean directions containing requirements specific to the Work.
Standard Drawing or Standard Specification means a standard practice required and. stipulated by the
Owner for performance of the Work. ;'
Subbase means a layer of material of specified type and thickness between the Subgrade and the Base.
Page 9 Rev. Date: 1U2006 OPSS.MUNI 100
Subcontractor means a person, partnership or corporation undertaking the execution of a part of the
Work by virtue of an agreement with the Contractor.
Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement
structure, consisting of Base, Subbase, and Pavement,
Subsurface Report means a report or other information identifying the location of Utilities, concealed and
adjacent structures, and physical obstructions that fall within the influence of the Work.
Superintendent means the Contractor's authorized representative in responsible charge of the Work.
Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided
by the Contractor.
Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to
complete the Work.
Time and Material means costs calculated according to clause GC 8.02.04, Payment on a Time and
Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning.
Utility means an aboveground or underground facility maintained by a municipality, public utility authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil,
steam, data transmission, telephone, and cable television.
Warranty Period means the period of 12 months from the date of Substantial Performance or such
longer period as may be specified in the Contract Documents for certain Materials or some or all of the
Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence
on the date of Completion.
Work means the total construction and related services required by the Contract Documents.
Working Area means all the lands and easements owned or acquired by the Owner for the construction
of the Work.
Working Day means any Day,
a) except Saturdays, Sundays and statutory holidays;
i.
i b) excep# a Day as determined by the Contract Administrator, on which the Contractor is prevented by
inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling
Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot
proceed with at least 60% of the normal labour and Equipment force effectively engaged on the
.Controlling Operation for at least 5 hours;
c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as
determined by the Contract Administrator by reason of,
i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another
contractor hired by the Owner, or an employee of any one of them, or by anyone else acting on
behalf of the Owner.
ii. non-delivery of Owner supplied Materials. '
iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the
Contractor to the satisfaction of the Contract Administrator.
i
Pags 10 Rev. Date: 1112006 OPSS.MUNI 100
Working Drawings or Working Plans means any Drawings'or Plans prepared by the Contractor for the
execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and
shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams.
GC 1.05 Substantial Performance
.01 The Work is substantially performed,
a) when the Work to be performed under the Contract or a substantial part thereof is ready. for use
or is being used for the purpose intended; and '
b) when the Work to be performed under the Contract is capable of completion or; where there is a
known defect, the cost of correction, is'not more than ,
i. 3% of the first $500,000 of the Contract price,
ii. 2% of the next $500,000 of the Contract price, and
iii. 1% of the balance of the Contract price.
.02 For the purposes of this Contracts where the Work or a substantial part thereof is ready for use or is '
being used for the purposes.: intended' and the remainder of the Work cannot be completed
expeditiously for reasons beyond the control of the Contractor or, where the Owner and the ~
Contractor agree not to complete the Work expeditiously; .the price of the services or materials.
remaining to be supplied and .required to complete the Work shall be deducted from the. Conh~act
price in determining Substantial Performance.
GC 1.06 Completion j
.01 The. Work shall be deemed to be completed and services or Materials shall be deemed to be last ~
supplied to the Work when the price of completion, correction of a known defect, or last supply is not.
more than the lesser of, -
a) 1 % of the Contract price; or
b) $1,000.
GC 1.07 i=inaFAcceptance
.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect
work and has dischargedall of the Contractor's obligations under the Contract,
GC 1.08 Interpretation of Certain Words
.01 The words "acceptable," "approval," "authorized," "considered necessary," "directed," "required,"
"satisfactory," or words of like import, shall mean approval of, directed,. required, considered
necessary, or authorized by'arid acceptable or satisfactory to the Contract Administrator, unless the
context clearly indicates otherwise:
Rev, Date: 11/2006 OPSS.MUNI 100
SECTION GC 2.0 -CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents
.01 The Owner warrants that the information furnished in the Contract Documents can be relied upon
with the following limitations or exceptions:
i
I
a) The location of all mainline underground Utilities that may affect the Work shall be shown to a
tolerance of:
i. 1 m horizontal, and
ii. 0.3 m vertical
~ .02 The Owner does not warrant or make any representation with respect to:
i
a} interpretations of data or opinions expressed in any Subsurface Report available for the perusal
of the Contractor, whether or not such report is included as part of the Contract Documents, and
I
b} other information specifically excluded from this warranty.
GC 2.02 Order of Precedence
.01 In the event of any inconsistency or conflict in the contents of the following documents, such
documents shall take precedence and govern in the following descending order:
I
a) Agreement
b} Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Standard Drawings
g} Instructions to Tenderers
i 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 they differ from dimensions
scaled from the same drawing;
b) Drawings of larger scale shall govern over those of smaller scale;
Page 12 Rev. Date: 11/2006 OPSS.MUNI 100
c) Detailed Drawings shall govern over general Drawings; and
d) Drawings of a later date shalE govern over those of an earlier date in the same series.
.fl3 In the event of any inconsistency or conflict in the contents of Standard Specifications the following
descending order of precedence shalt govern:
a) Owner's Standard Specifications
b) Ontario Provincial Standard Specifications
c} Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and
referenced In the Ontario Provincial Standard Specifications
.04 The Contract Documents are complementary, and what is required by any one shall be as binding
as if required by all.
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SECTtOP6 GC 3.0 -AD~AIPIISTF~ATtOt~ OF THE COfdTRACT
GC 3,01 Contract Administrator's Authority
.01 The Contract Administrator shall be the Owner's representative during construction and until the
~/= ~~ issuance of the Completion Certificate or the issuance of the Final Acceptanoe Certificate, whidiever
,~~:
~~ fs later. Al# instructions to the Contractor, including instructions from the Owner, shalt be issued by
the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of
the Owner only to the extent provided in the Contract Documents.
.02 A#1 claims, disputes and other matters in question slating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator
~ ~ ~ in writing by the Contractor.
{'~`;'
,41
.03 The Contract Administr•atof may inspect the Work for its conformity with the PEans and Standard
Specifications, and to record the necessary data th establish payment quantities under the schedule
of tender quantities and unit prices or to make an assessment of the value of the work completed in
the case of a lump sum price Contract.
.04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract
and shall issue cert#ficates for payment in such amounts as provided for in Section GC 8.0,
Measurement and Payment.
r .05 The Contract Administrator shat#, with reasonable promptness, review and take approprfa#e action
upon -the Contractor's submissions such as shop drawings, product data, and samples #n
accordance with the Contract t?oc:uments.
.Ott The Contract Administrator shall investigate alt allegations of a Change in the Work made by thss
Contractor and issue appropriate instructions.
`~ ,07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's
approva#,
.08 Upon written application by the Contractor, the Contract Administrator and the Contractor shalt jo#ntty
conduct an inspection of the Work to establish the date of Substantial Pertonnance of ttte Work or
the date of Completion of the Work or both.
~ ` .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents
4~~, and the judge of the performance thereunder by both parties tn~ the Contract. interpretations and
decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and, in making these decisions, the Contract Administrator shall not show partiality to either party.
.10 The Contract Administrator shah have the authority to reject part of the Work or Material that does
not conform to the Contract Documents.
i=~.
~~~ .11 to the event that the Contract Administrator determines that any part of the Work performed by the
~~ ~ Contractor is defective, whether the result of poor wor~mansh;p; the use of defective material; or
damage through carelessness or other act or omission of the Contractor and whether or not
incorporated 1n the Work; or otherwise fails to conform to floe Contract Documents; then the
Contractor shalt if direcked by the Contract Administrator promptly remove the Work and replace,
make good, or s~xecute the Work at no additior3ai cost to the Owner,
~ ' ~ .12 Any part of the Work destroyed or damaged by such removals, replacements, ar re-executions sha#i
be made good, promptly, at no additional cost to the Owner.
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~.'
13 If, in the opinion of the Contract Administrator; if is not expedient to correct defective work or work
not performed in accordance with the Contractbocuments, 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 Contact Administrator or the issuance.. of any
certificates or the making of any paymentby. the Owner, the failure of the Contract Administrator to
reject any defective work or Material shall not constitute acceptance of defective work or Material.
.15 The Contract Administrator shall' have the authority to temporarily suspend the Work. for such
reasonable time as may be necessary:
a) to facilitate the checking of any portion of the Contractor's construction layout;
b} to facilitate the inspection of any portion of the Work; or
c) for the Contractor to remedy non-compliance in the case of such non-compliance with the
provisions of the Contract by the Contractor.
The Contractor shall not be entitled to any compensation. for suspension of the Work in these.
circumstances.
.16 The Owner has the right to terminate the Contract for wilful or persistent violation by the.. Contractor
or its workers of the Occupationah Health and. Safety Act legislation and: regulations, Workplace
Safety and Insurance Board Acf and Regulation 309 of the Environmental Protection Act.
.17 If the Contract Administrator deter•tnines that any worker employed on the Work is incompetent, as
defined by the Occupational'Health and Safety Act; or is disorderly,. then the .Contract Administrator
shall provide written notice to the 'Contractor and the Contractor shall immediately remove the
worker from the Working Area. ,Such worker shall not retum to the Working Area without the prior
written consent of the Contract'Administrator.
GC 3.02 Working Drawings
.01 The Contractor shall arrange for the preparation of clearly identified and dated Working. Drawings as
called for by the Contract Documents.
.02 The Contractor:. shall .submit Working Drawings to the Contract Administrator with reasonable
promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or
the Contract Administrator: so requests, they shall 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 of submission the Contractor shall notify the Contract Administrator in writing of any
deviations from the Contract requirements that exist in the Working Drawings.
.03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed
upon schedule, orbtherwise; with reasonable promptness so as not to cause delay.
.04 The Contract Administrator's review shall be to check for conformity to the design concept and for
general arrangement only and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requirements of the
Contract Documents, unless a deviation on the Working Drawings has been approved in writing by
the Contract Administrator.
Page 15 Rev. Date:. 11/2006 OPSS,MUNI 100
05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may
require to make the Working Drawings consistent with the Contract Documents and resubmit, unless
otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the
Contract Administrator in writing of any revisions other than those requested by the Contract
Administrator.
06 Wark related to the Working Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission
to construct granted."
.07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site
at ail times.
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or
~' damaging to either the Work or existing facilities or the environment.
.02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract
so as to avoid interference with work being performed by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
j 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 Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
I
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
_ Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall
j pay for the remedial work.
GC 3.05 Layout
S
.01 The Contract Administrator shall provide baseline and benchmark information for the genera!
;~ location, alignment, and elevation of the Work. The Owner shall be responsible only for the
correctness of the information provided by the Contract Administrator.
GC 3.06 Extension of Contract Time
.01 An application for an extension of Contract Time shall be made in writing by the Contractor to the
Contract Administrator as soon as the need for such extension becomes evident and at least 15
Days prior to the expiration of the Contract Time. The application for an extension of Contract Time
shall enumerate the reasons, and state the length of extension required.
.02 Circumstances suitable for consideration of an extension of Contract Time include the following:
a) Delays, subsection GC 3.07.
b) Changes in the Work, clause GC 3.10.01.
c) Extra Work, clause GC 3.10.02.
Page 16 Rev. Date: 11/2006 OP5S.MUNI 100
d) AdditionaE 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
Contract Administrator and deemed fair and reasonable by the Owner.
.OS The terms and conditions of the Contract shall continue far such extension of Contract Time.
GC 3.0T Delays
.01 If the Contractor is delayed in the performance of the Work by,
a} war, blockades, and civil commotions, errors in the Contract Documents;
b} an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by
them directly or indirectly, contrary to the provisions of the Contract Documents;
c} a stop work order issued by a court or public authority, provided that such order was not issued
as the result of an act or omission of the- Contractor or anyone. employed or engaged by the
Contractor directly or indirectly;
d} the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work;
e} abnormal inclement weather, or
f}. archaeological finds in accordance witty subsection GC 3.95, Archaeological Finds,'
then the Contractor shalt be reimbursed by the Owner for reasonable casts incurred by the
Contractor as the result of such delay, provided that in the case of an application for an extension of
Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's
application, submit evidence from Environment Canada in support of such application. Extension of
Contract Time may be granted in accordance with subsection GC 3.06, Extension of Contract Time.
.02 If the Work is delayed by labour disputes, strikes or cock-outs, induding lock-outs decreed or
recommended to its members by a recognized contractor's association, of which the Contractor is a
member ar 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 shalt the. extension of Contract Time be less than the time lost as the
result of the event causing the delay, unless a shorter extension~is agreed to by the Contractor. The
,Contractor shall not be 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, Mediations.
GC 3.06 Assignment of Contract
.01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written
consent of the Owner.
Page 17 Rev. Dots: 11/20 OPSS.MUNt t0U
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GC 3.09 Subcontracting ay the Contractor
.01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any
limi#ations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in
writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the
Subcontractor with whom it is intended.
.03 The Contract Administrator shall, wi#hin 8 Days of receipt of such notification; accept or reject the
intended Subcontractor. The rejection shall tae in writing and steal{ include the reasons for the
rejBCtiOn.
.04 The Contractor shall net, without the written consent of the Owner, change a Sutaccontnsetor who has
been engaged in accordance with this subsection.
.05 The Contractor shalt preserve arid protect the rights of the parties under the Contract with.respsct to
that part of the Work to be performed under subcontract and shall,
a) enter in#o agreements with the intended Subcontractors to require them to perform their work in
accordance with the Contract poc:uments; and
b) be as fully responsible to the Owner for acts and omissions of the Contractors Subcontractors
and of persons directly or indirectly employed by them as for acts and omissions o€ persons
directly employed by the Contractor.
.pti The Owner's consent to subcon#ractirtg by the Contractor shalE not tae constrr~ed to relieve the
Contractor from any obligation under the Contract and shalt not impose any liability upon the Owner.
Nothing contained in the. Contract Documents shah create a conhactuai relationship between a
.Subcontractor and the Owner.
;,v
GC 3.10 Changes
GC 3.11),01 Changes th the Vltork
,01 The Owner, or the Contract Administrator where sa authorized, may. by order in writing, make a
=,~ Change in the Work without invalidating the Contract. The Contractor shall not tie required to
proceed with a Change to the Work until in receipt of a Change Order or Change Directive. Upon `
~~ ~ the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change
t`~~,~ in the Work.
~J
.02 The Contractor may apply for an extension of Contract Time according to the tenms of subsection
GC 3A6, Extension of Contract Time.
.03 1f the Change in the Work relates solely to quantities, payment for that. parf of the Work shalt be
made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If
the Change in the Work does not solely relate to quantities, then either the Owner or. the Contractor
~;.;<'~ may initiate, negotiations upwards or downwards far the adjustmenE of the Contract price in respect
of the Change in the Work pursuant to subsection GC 3.13, Claims, Negotiations, f'+fedtation or
payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a
~!~ Time and Ma#erfal Easis.
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GC 3.10.02 Extra Work
.01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform
Extra Work without invalidating the Contract: The`Contractor shalt not be required to proceed with
the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change.
Order or Change Directive the Contractor shall proceed with the Extra Work.
.02 The Contractor may apply for an extension of Contract Time according. to the terms of subsection
GC 3.06, Extension of Contract Time:
.03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for
the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may
be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and
Materia- Basis.
GC 3.10.03 Additional Work
.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional
Work, the Contractor shalt proceed with such Additional Work upon receipt of a Change Order.:
.02 The Contractor may apply for an' extension of Contract Time according to the. terms of subsection
GC 3.06, Extension of Contract Time.
.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3.11 Notices
.01 Any notice permitted or required. to be given to the Contract Administrator or the Superintendent in
respect of the Work shall be deemed to have been given to and received by the addressee on the
date of delivery if delivered by hand, email, or by facsimile transmission and on the fifth Day after the
date of mailing, if sent by mail.
.02 The. Contractor and the Owner shall provide each other with the mail and email addresses,. pager,
cell phone, and telephone numbers; and facsimile terminal numbers for the Contract Administrator
and the Superintendent of 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 Prior to Substantial Performance
.01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy
the Work or any part thereof pnie to Substantial Performance,. provided that at least 30 Days written
notice has been given to the Contractor.
A2 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance
shall not constitute an acceptance of the, Work or parts so occupied In addition, the use or
occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability
that has arisen, or may arise, from the performance of the Work. in accordance with the Contract
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Rev. Date:. 11/2006 OPSS:MUNI 100
Documents. The Owner shall be responsible for any damage that occurs because of the Owner's
use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the
Owner's right to charge the Contractor liquidated damages in accordance with the terms of the
Contract.
GC 3.13 Claims, Negotiations, Mediation
GC 3.13.01 Continuance of the Work
01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after
serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with
the Work with due diligence and expedition. It is understood by the parties that such action shall not
jeopardize any claim it may have.
GC 3.13.02 Record Keeping
.01 Immediately upon commencing work that may result in a claim, the Contractor shall keep Daily Work
Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the
Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's
claim, all in accordance with clause GC 8.02.07, Records.
02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work
Records on a daisy basis, to simplify review of the claim, when submitted. If the Contractor and the
Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall
submit its Daily Wark Records as part of its claim, whereby the resolution of the dispute about the
Daily Work Records shall not be resolved until there is a resolution of the claim.
03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the Contractor shall not be construed to be acceptance of the claim.
GC 3.13.03 Claims Procedure
~I
' .01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional
payment immediately upon becoming aware of the situation.
.02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within
' 7 Days of the commencement of any part of the Work that may be affected by the si#uation.
.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no
later than 30 Days after completion of the work affected by the situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises;
b) state the grounds, contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in
writing from the Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request.
Page 20 Rev. Date: 11!2006 OPSS.MUNI 100
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the
Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
GC 3.13.04 Negotiations
.01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant- facts, information, and
documents to facilitate these negotiations.
.02 Should the Contractor disagree with the opinion. given in paragraph GC 3.13.03.05, with respect to
any part of the claim, the Contract Administrator 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 accordance with clause
GC 3.13.05, Mediation, or subsection GC'3,14, Arbitration,
GC 3.13.05 Mediation
.01 If a claim is not resolved: satisfactorily- through the negotiation stage noted in clause GC 3.13.04,
Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05, and
the Contractor wishes to pursue the issue: further, the parties may, upon mutual agreement, utilize
the services of an independent third party mediator.
.02 The mediator shall. be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall
meet with the parties together or separately, as necessary, to review all aspects of the issue. In a
final attempt to assist. the: parties in resolvir-g the issue themselves prior to proceeding to arbitration
the mediator shall provide, without prejudice,. anon-binding recommendation for settlement.
.04 The review by the mediator shall be completed within 90 Days following the opinion given in
paragraph GC 3.13.03.05.
.05 Each party is responsible for its own. costs related to the use of the third party mediator process.
The cost of the third party mediator shall be equally shared by the Owner and Contractor.
GC 3.13.06 Payment
.01 Payment of the claim shall be made no later than 30 Days after the date of resolution of the claim or
dispute.. Such payment shall be made according to the terms of Section GC 8.0, Measurement and
Payment.
GC 3.13.07 Rights of Both Parties
.01 It is agreed that no action taken under subsection GC 3.13, Claims, Negotiations, Mediation, by
either party shall be construed as a renunciation or waiver of any of the rights or recourse available
to the parties, provided thatthe requirements set out in this subsection are fulfilled.
GC 3.14 Arbitration
GC 3.14.01 Conditions of Arbitration
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04,
Negotiations, or the mediation stage noted in clause GC 3.13.05, Mediation, either party may invoke
the provisions of subsection GC 3.14, Arbitration; bygiving written notice to the other party.
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Rev. Date: 11/2006 OPSS.MUNI 100
02 Notification that arbitration shall be implemented to resolve the issue shall be communicated in
writing as soon as possible and no later. than 60 Days following the opinion given in paragraph
GC 3.13.03,05. Where the use of a third party mediator was implemented, notification shall be
within 120 Days of the opinion given in paragraph GC 3.13.03.05.
!, .03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to
any arbitration conducted hereunder except to the extent that they are modified by the express
-~ provisions of subsection GC 3.14, Arbitration.
GC 3.14.02 Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
' right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;
b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement.
Only such claims and matters as are in the schedule shall be arbitrated; and
c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are
set out in the schedule.
I
GC 3.14.03 Appointment of Arbitrator
'; .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute.
.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
_ of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
i
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall, refer the matter to the Arbitration and Mediation Institute
' of Ontario Inc., which may select an' arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitrator shall not be interested financially in the Contract nor in either party's business and
shall not be employed by either party.
.05 The arbitrator may appoint independent experts and any other persons to assist him or her.
~, .06 The arbitrator is not bound by the rules of evidence that 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 90 Days of the appointment of the arbitrator.
GC 3.14.04 Costs
.01 The arbitrator's fee shall be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall
be shared equally by the Owner and the Contractor.
Page 22 Rev. Date: 11!2006 OPSS.MUNI 100
.03 The arbitration hearing shall be held in a'place mutually agreed upon by both parties or in the event
the parties do not agree, a site shall be chosen' by the arbitrator. The cost of obtaining. appropriate
facilities shall be shared equally by the Owner and the Contractor.
,04 The arbitrator may, in his or her discretion; award seasonable costs, related. to the arbitration.
GC 3.14.05 The Decision
.01 The reasoned decision shall be' made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be grarited with consent of both parties. Payment shall be
made in accordance with clause GC 3.13.06, Payment.
GC 3.15 Archaeological Finds
.01 If the Contractor's operations expose any items that may indicate an archaeological find, such as
building remains, hardware, accumulations of bones, pottery, or arrowheads,. the Contractor shall
immediately notify the Contract Administrator and suspend operations within. the area identified by
the Contract Administrator.. Notification may be'verbal provided. that such notice is confirmed in
writing within 2 Days. Work shall remain suspended within that area. until. otherwise directed by the
Contract Administrator in writing; in accordance with subsection GC 7.10, Suspension of Work.
.02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01.
.03 Any work directed or authorized in connection with an archaeological find shall be considered as
Extra Work in accordance with clause GC 3.10.02, Extra Work.
,04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a
result of any work stoppage.
Page 23 Rev. Date: 11/2006 OPSS.MUNI 100
SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area
.01 The Owner shall acquire alt property rights that are deemed necessary by the Owner for the
construction of the Work, including temporary working easements, and shall indicate the full extent
i of the Working Area on the Contract Drawings.
.02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings.
i
GC 4.02 Approvals and Permits
.01 The Owner shat) pay for all plumbing and building permits.
.02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the
'~ design of the Work.
GC 4.03 Management and Disposition of Materials
.01 The Owner shall identify in the Contract Documents the materials to be moved within or removed
` from the Working Area and any characteristics of those materials that necessitates special materials
management and disposition.
.02 In accordance with regulations under the Occupational Health and Safety Acf, R.5.0. 1990, c.0.1,
as amended, the Owner advises that,
i a) the designated substances silica, lead, and arsenic are generally present throughout the
Working Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestos may be present in cement products, asphalt, and conduits
for Utilities;
c) the following hazardous materials are ordinarily present in construction activities: limestone,
? gypsum, marble, mica, and Portland cement; and
i
' d) exposure to these substances may occur as a result of activities by the Contractor such as
sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting.
.03 The Owner shall identify in the Contract Documents any designated substances or hazardous
materials other than those identified above and their location in the Working Area.
.04 If the Owner or Contractor discovers or is advised of the presence of designated substances or
hazardous materials that are in addition to those listed in paragraph. GC 4.03.02, or not clearly
identified in the Contract bocuments according to paragraph GC 4.03.03, then verbal notice shall be
provided to the other party immediately with written confirmation within 2 Days. The Contractor shall
stop work in the area immediately and shall determine the necessary steps required to complete the
work in accordance with applicable legislation and regulation.
.05 The Owner shall be responsible for ahy reasonable additional costs of removing, managing and
disposing of any material not identified in the Contract Documents, or where conditions exist that
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
Page 24 Rev. Date: 11/2006 OPSS.MUNI 100
,06 Prior to commencement of the Work, the Owner shall `provide to the Contractor a list of those.
products controlled under the Workplace Hazardous Materials. Information System (WHMIS), that
the Owner may supply or use on the Contract, together; with 'copies of the Materials Safety Data
Sheets for these products. All containers used in fhe' application. of products controlled under
WHMIS shall be labelled... The Owner shall notify the Contractor- in writing of changes tothe listand
provide relevant Material Safety Data Sheets:
GC 4.04 Construction Affecting Railway Property
.01 The Owner shall pay the costs of alf flagging.. and other traffic control. measures required and
provided by the railway company unless suchcosts are solely a function of the Contractor's chosen
method of completing the Work.
.02 Every precaution shall be taken by the Contractor to'protect all railway property at track crossings; or
otherwise, on which construction operations are io take place in accordance with the terms of this
Contract.
,03 The Contractor shall be required to conduct the construction operations in such a manner as to
avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable
precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors,. and
Equipment, as well as railway property throughout the duration of the Contract.
GC 4.05 Default by the Contractor
.01 If the Contractor fails to commence.:the Work. within 14 Days of a format order to commence work
signed by the Contract Administrator- or, upon commencement of the Work, should neglect to
prosecute the Work properly or otherwise fails to comply with the requirements. of the Contract and,
if the Contract Administrator' has; given;'a written statement to the Owner and Contractor that
sufficient cause exists to justify'such action,'the Owner may,. without prejudice to any other right or
remedy the Owner may have, notify. the Contractor in writing that the Contractor is in default of the
Contractor's contractual obligations and`'irstruct the Contractor to correct the default. in the
5 Working Days immediately following the receipt of such notice.
.02 if the Contractor is adjudged bankrupt, or makes a general assignment for the benefit. of creditors
because of the Contractor's- insolvency or if a receiver is appointed because of the Contractor's
insolvency, the Owner may; Without prejudice to any other right or remedy the Owner may have, by
giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract.
GC 4.06 Contractor's Right to Correct a Default
.01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of
default to correct the default and provide the Owner with satisfactory proof that appropriate
corrective measures have been taken.
.02 If the correction of the default cannot be completed within the 5 full. Working Days following receipt of
the notice, the Contractor shall not be in default if the Contractor,
a) commences the correction of the default within the 5 full .Working Days following receipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correction; and
c} completes the correction in accordance with such schedule.
Page 25 Rev. Date: 11/2006 OPSS.MUNI 100
GC 4.07 Owner's Right to Correct Default
01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06,
Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice
to any other right or remedy the Owner may have, may correct such default and deduct the cost
thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the
Contractor.
GC 4.08 Termination of Contractor's Right to Continue the Work
.01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06,
Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice
to any other right or remedy the Owner may have, may terminate the Contractor's right to continue
the Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner terminates the Contractor's right to continue with the Work in whole or~ in part, the
'~ Owner shall be entitled to,
a) take possession of the Working Area or that portion of the Working Area devoted to that part of
the Work terminated;
~ b) use the Equipment of the Contractor and any Material within the Working Area that is intended to
be incorporated into the Work, the whole subject to the right of third parties;
i
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;
d) charge the Contractor the additional cost over the Contract price of completing the Work or
portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any
additional compensation paid to the Contract administrator for such additional service arising
from the correction of the default;
e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to
cover correction to the Work performed by the Contractor that may be required undersubsection
GC 7.16, Warranty;
f) charge the Contractor for any damages the Owner sustained as a result of the default;. and
g) charge the Contractor the amount by which the cost of corrections to the Work under subsection
j GC 7.16, Warranty, exceeds the allowance provided for such corrections.
GC 4.09 Final Payment to Contractor
01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount
withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to
Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final
accounting for the Contract is complete.
GC 4.10 Termination of the Contract
.01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other
right or remedy the Owner may have, terminate the Contract by giving written notice of termination to
the Contractor, the Surety, and any trustee or receiver acting on behalf of the Contractor's estate or
creditors.
Page 26 Rev. Date: 11!2006 OPSS.MUNI 100
.02 If the Owner elects to terminate the Contract, the OvVner may provide the Contractor and. the trustee
or receiver with a complete accounting to the date of termination.
GC 4.11 Continuation of Contractor's Obligations
,01 The Contractor's obligation under the Contract as to quality, correction, and. warranty of the. Work
performed prior to the time of termination of the Contract or termination of the Contractor's right to
continue with the Work in whole or in part shat{ continue to be in force after such tenrrination.
GC 4.12 Use of Performance Bond
.01 If the Contractor is in defaulf of the Contract 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.
Rev. Date: 11/2006 OPSS.MUNI 100
Page 27
SECTION GC 5.0 -MATERIAL
GC 5.01 Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to include full compensation for the supply of such Material.
GC 5.02 Quality of Material
.01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract
Documents.
.02 Material supplied by the Contractor shall conform to the requirements of the Contract.
.03 As specified in the Contract Documents or as requested by the Contract Administrator, the
Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by
the Contractor.
.04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the
Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in
the Contract Documents or as requested by the Contract Administrator.
.05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance
of the Material shipping dates to enable the Contract Administrator to perform the required
inspection, sampling, and testing.
.06 The Owner shall not be responsible for any delays to the Contractor's operations where the
Contractor fails to give sufficient advance notice. to the Contract Administrator to enable the Contract
Administrator to carry out the required inspection, sampling, and testing before the scheduled
shipping date.
.07 The Contractor shall not change the source of supply of any Material without the written
authorization of the Contract Administra#or.
.08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of
such Material shall be subject to the approval of the Contract Administrator.
.09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance
with the standard inspection or testing methods required for the Material. Any approval given by the
Contract Administrator for the Materials to be used in the Work based upon the random method shall
not relieve the Contractor from the responsibility of incorporating Material that conforms to the
Contract Documents into the Work or properly performing the Contract and of any liability arising
from the failure to properly perform as specified in the Contract Documents.
GC 5.03 Rejected Material
.01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that
effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
disposed of, in what the Contract Administrator considers to be the most appropriate manner, and
the Contractor shall pay the costs of disposal and the appropriate overhead charges.
Page 28 Rev. Date: 11/2006 OPSS.MUNI 100
GC 5.04 Substitutions
.01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or
other name, the Tender shall be based only upon supply of the Material so designated, that shall be
regarded as the standard of quality required by the Contract Documents. After the acceptance of
the Tender, the Contractor may apply to the Contract Administrator to substitute another Material
identified by a different trade or other name: for Ehe 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 informatiorras the Contract Adrninistratorrnay require.
.02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
approval or rejection of a proposed substitution shall be at the discretion of the Contract
Administrator.
.03 If the proposed substitution is approved, by;the: Contract Administrator, the Contractor shall be
entitled to the first $1,000 of the aggregate saving. in cost by reason of such substitution and to 50%
of any additional saving in cost in excess of'such $1',000. Each such approval shall be conveyed to
the Contractor in writing or by issuance of'a Certificate of Equality on the Owner's standard form of
"Certification of Equality" and; if any' adjusfinerif 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 5.05A1 Ordering of F~ccess 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
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads::,
GC 5.05.02 .Care of Material
.01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide
adequate and proper storage facilities accepfabie to the Contract Administrator, and on the receipt of
such Material shall promptly place it irr storage, except where it is to be incorporated forthwith into
the Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the
specified delivery point and for. its safe. handling and storage. If such Material is damaged while
under the control of the`Contractor, it shall be replaced or repaired by the Contractor at no expense
. to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the
Contract Administrator for reasons that are not the fault of the Contractor, it shall remain: in the care
and at the risk of the Contractor until its disposition has peen determined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are discrepancies between the quantities received and the quantities shown. on the bills of
lading, the Contractor shall immediately, report such damage or discrepancies to the Contract
Administrator who shall arrange for art immediate inspection of the shipment and provide the
Contractor with a written release from -responsibility for such damage or deficiencies. Where
damage or deficiencies are not so reported, it shall' be assumed that the shipment arrived in good
condition and order; and any damage or deficiencies reported thereafter shall be made good by the
Contractor at no extra cost to the Owner..
Page 29 Rev. Date: 11!2006 OPSS.MUNI 100
04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking .delivery. Such
fvlaterial shall not, except with the written permission of the Contract Administrator, be used by the
Contractor for purposes other than the performance of the Work under the Contract.
.05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract
Documents.
.06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator
copies of bills of lading, or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.0~ Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor, it shall be assumed that the stockpile was in good condition and order when the
Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good
by the Contractor at no extra cost to the Owner.
Page 30 Rev. Date: 11!2006 OPSS.MUNI 100
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01 Protection of Work, Persons and Property
.01 The Contractor, the Contractor's agents; and all'vvorkers employed by or under the control of the
Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or
injury. The Contractor shall be responsible for all losses and damage that may arise as the result of
the Contractor's operations under the Contract; unless iridlcated to the contrary below:
.02 The Contractor is responsible for the full-cost of. any necessary temporary: protective work or works
and the restoration of all damage where° the.. Contractor damages the Work or property in the
performance of the Contract. If the Contractor is riot responsible for the damage that occurs to the
Work or property, the Contractor shall restore such damage, and. such work and payment shall be
administered according to these General Coriditians.
.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 eccurrence of incident, or as soon as possible.
.04 The Contractor shall not be responsible for loss and damage that occurs as a result of,
a) war;
b) blockades and civil commotions
c) errors in the Contract Documents; or
d) acts or omissions of the Owner, the Contract. Administrator, their agents and employees; or
others not under the control of the Contractor, but within the Working Area with the. Owner's
permission.
.05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any
responsibility, obligation, or liability under the Contract. or waive or impair any of the rights of the
Owner, except by a release duly executed by the Owner.
GC 6.02 Indemnification
Al The Contractor shall indemnify and'hold harmless the Owner and the Contract Administrator, their
elected officials;. agents, officers; and- employees from and. against all claims, demands, losses,
expenses, costs, damages; actions, suits, or proceedings by third parties, hereinafter called "claims",
directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the
Work, provided such claims are,'
a) attributable to bodily injury; sickness, disease, or death or to damage to or destruction of tangible
property;.
b} caused. by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor
may be liable; and
c) made in writing within a period of 6 years: from the date of Substantial Performance of the Work
as set out in the Certificate of Substantial Performance of the Work or; where so specified in the
Contract Documents, from the date of certifrcation of Final Acceptance.
Page 31 Rev. Date: 11/2006 OPSS.MUNI 100
02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material furnished by the Contractor under the
Contract.
03 The Owner expressly waives the right to indemnity for claims other thari those stated in paragraphs
GC 6.02.01 and GC 6.02.02.
04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers,
and employees from and against all claims, demands, losses, expenses, costs, damages, actions,
suits, or proceedings arising out of the Contractor's performance of the Contract that are attributable
to a lack of or defect in title or an alleged lack of or defect in title to the Working Area.
05 The Contractor expressly waives the right to indemnity for claims other than those stated in
paragraph GC 6.02.04.
GC 6.03 Contractor's Insurance
GC 6.03.01 General
.01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall
provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and
GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only
apply when so specified in the Contract Documents.
.02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for
each type of insurance coverage that is required by the Contract Documents. The Contractor- shall
ensure that the Contract Administrator is; at all times in receipt of a valid Certificate of Insurance for
each type of insurance coverage, in such amounts as specified in the Contract Documents. The
Contractor will not be permitted to commence work until the Contract Administrator is in receipt of
such. proof of insurance. The Contract Administrator may withhold payments of monies due to the
Contractor until the Contractor has provided the Contract Administrator with original valid Certificates
of Insurance as required by the provisions of the Contract Documents.
GC 6.03.02 General Liability Insurance
.01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract
Administrator named as additional insureds, with limits of not less than five million dollars inclusive
per occurrence for bodily injury, death, and damage to property including loss of use thereof, with a
property damage deductible of not more than $5,000. The form of this insurance shall be the
Insurance Bureau of Canada Form IBC 2100.
.02 Another form of insurance equal to or better than that required in IBC Forrn 2100 may be used,
provided all the requirements listed in the Contract are included. Approval of this insurance shall be
conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance
in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required
insurance.
.03 The Contractor shall maintain in force such policies of insurance specified by the Contract
Documents at ail times from the commencement of the Work until the end of any Warranty Period or
as otherwise required by the Contract bocuments.
.04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations
coverage and, if the Contractor fails to do so, the limitation period for claiming indemnity described in
paragraph GC 6.02.01 c), shall not be binding on the Owner.
Page 32 Rev. Date: 11/2006 OP5S.MUN1 100
.05 Should the Contractor decide not to employ. Subcontractors for operations requiring the use of
explosives for blasting, pile driving or caisson work,: removal or weakening of support of property
building or land, IBC Form 2100 as required shall include the appropriate endorsements.
.06 The policies shall be endorsed to provide the Owner with not less than 30 Days. written notice in
advance of cancellation, change or amendment restricting coverage.
.07 "Claims Made" insurance policies shall not be permitted.
GC 6.03.03 Automobile Liability Insurance
.01 Automobile liability insurance in respect of licehsed vehicles shall have limits of not less than five
million dollars inclusive per occurrence for bodily Injury, death and damage to property,.. in the
following forms endorsed to provide the Owner with not less than 30 Days written notice ih advance
of any cancellation, change, or amendment restricting coverage:
a) standard non-owned automobile policy including standard contractual liability endorsement, and
b) standard owner's forme automobile policy providing third party liability and accident. benefits
insurance and covering licensed vehicles owned' or operated by the Contractor,
GC 6.03.04 Aircraft and Watercraft Liability Insurance
GC 6.03.04.01 - Aircraft Liability Insurance
.01 Aircraft liability insurance with respectao owned or non-owned' aircraft. used. directly or indirectly in
the performance of the Work,,includirg use of additional premises, shall be subject to limits of not
less than five million dollars. inclusive per.`occurrence for bodily: injury, death, and damage to property.
including loss of use thereof, 'and limits of note less. than five million dollars for aircraft passenger
hazard. Such insurance shall 6e irr'a form acceptable to the Owner. The policies shall be endorsed
to provide the Owner with not less than. 30 bays written notice in advance of cancellation,. change, or
amendment restricting coverage.
6.03.04.02 Watercraft Liability Insurance
.01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or
indirectly in the performance of'the Work, including use of additional premises, shall be subject to
limits of not less than five'' million:`dollars inclusive per occurrence for bodily injury, death, and
damage to property including foss?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 ofcanceilation, change, or amendment restricting coverage.
GC 6.03.05 Property and Boiler Insurance
GC 6.03.05.01 Property Insurance
.01 All risks property insurance shall be in the name of the ConU~actor, with the Owner and the Contract
Administrator named as additional insureds,.: insuring not less than the sum of the amount of the
Contract price and the full value, as may be stated in the Contract Documents, of Material that is
specified to be provided' by the' Owner for incorporation into the Work, with a deductible not
exceeding 1% of the amount. insured at'the site of the Work. This. insurance shalt be in a form
acceptable to the Owner and shall be maintained contihuously until 10 Days after the date of Final
Acceptance of the Work, as set ouf in the Final Acceptance Certificate..
Page 33 Rev. Date: 11/2006 OPSS.MUNI 100
GC 6.03.05.02 Boiler Insurance
.01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator
for not less than the replacement value of boilers and pressure vessels forming part of the Work,
shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Final
Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion
.01 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance, the
Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such
use or occupancy, Prior to such use or occupancy, the Contractor shall notify the Owner in writing of
the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the
Owner's expense. If because of such use or occupancy the Contractor is unable to provide
coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy
shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work,
including coverage for such use or occupancy, and shall provide the Contractor with proof of such
insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the
Owner and the Contractor as their respective interests may appear. The Contractor shall act on
behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or
damage payment with the insurers. When the extent of the loss or damage is determined, the
Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and
obligations of either party under the Contract, except that the Contractor shall be entitled to such
reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract
Administrator may decide in consultation with the Contractor.
GC 6.03.05.04 Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds, and in accordance with the
requirements of Section GC 8.0, Measurement and Payment. In addition, the Contractor shall be
entitled to receive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies, except where such
amounts may be excluded from the Contractor's responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment.
Page 34 Rev. Date: 11!2006 OPSS.MUNI 100
GC 6.03.06 Contractor's Equipment Insurance
.01 All risks Contractor's equipment. insurance covering construction machinery and equipment used by
the Contractor for the performance of the Work,. including: boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner and sha0 not allow subrogation claims
by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less
than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage.
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant prior releases with respectto damage to
the Contractor's Equipment.
GC 6.03.07 Insurance Requirements and Duration
.01 Unless specified otherwise, the duration of each insurance policy shall be from the date of
commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out
in the Final Acceptance Certificate.
.02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior
to commencement of the Work and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shall, om 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 form acceptable to the
Owner, renewed proof of insurancelmmediately following completion of renewal
.05 Unless specified otherwise,. the Contractor shall be responsible for the payment of deductible
amounts under the policies.
:06 If the Contractor fails: to_ provide or maintain insurance as required in subsection GC 6.03,
Contractor's Insurance; or elsewhere in the Contract Documents, then She Owner shall have the right
to provide and maintain such ihsurance and give evidence thereof to the Contractor. The Owner's
cost thereof shall be payable by the Contractor to the Owner on demand.
.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the
date on which the Owner made a formal demand for reimbursement of such costs, the Owner may
deduct the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04 'Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender
documents.
.02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall
be maintained in good standing until the fulfilment of the Contract.
Page 35 Rev. Date: 11/2006 OPSS.MUNI 100
GC 6.Q5 Workplace Safety and Insurance Board
.01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance
indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as
follows:
I a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work.
b) Prior to issue of the Certificate of Substantial Performance.
~ c) Prior to expiration of the Warranty Period.
d) At any other time when requested by the Contract Administrator.
Page 36 Rev. Date: 11!2006 OPSS.MUNI 100
SECTION GC 7.0 -CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01 General
.01 The Contractor warrants that the site of the Work has been visited during. the preparation. of the
Tender and the character of the Work and all local conditions that may affect the performance of the
Work are known.
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
Contractor has received a writter} order to commence the Work, signed by the .Contract
Administrator.
.03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Documents, The Contractor shall be responsible
for construction means, methods, technii~ues, sequences, and. procedures and for coordinating the
various parts of the Work.
.04 The Contractor shall provide adequate labour, Equipment, ancf Material to ensure the completion. of
the Contract in accordance with the Contract Documents. The Work shall be performed as
vigorously and as continuously as weather conditions or other interferences may permit.
.05 The Contractor shall have the sole responsibility for the design, erection, operation,. maintenance,
and removal of temporary structures and other temporary facilities and the design and execution of
construction methods required in their use..
.06 Notwithstanding paragraph GC 7,01.05, where the Contract Documents include designs for
temporary structures and' other temporary facilities or specify a method: of construction in whole or
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 cohstruction 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,gct,,R:S.O. 1990, c.0.1, as amended, (the "Act") and Ontario
Regulation 213191; as amended,'(that regulates Construction Projects) and any other regulations as
amended under the Act (the "Regulations") that may affect the performance of the Work, as the
"Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure
that:
a) worker safety, is given first priority in planning, pricing, and performing the Work;
b) its officers and supervisory employees have a working knowledge of the duties of a
"Constructor" and "employer" as defined by the Act and the provisions of the Regulations
applicable to the Work, and. a personal commitment to comply with them;
c) a copy of the most, current version of the Act and the Regulations are available at the
Contractor's office within the Working Area, or, in the absence of an office, in the possession of
the supervisor responsible for the performance of the Work;
d) workers employed to carry out the Work possess the knowledge, skills, and protective devices
required by law or recommended for use by a recognized industry association to allow them to
work in safety;_
e) its supervisory employees carry out their. duties in a diligent and responsible manner with due
consideration for the health and safety of the workers; and
Page 37
Rev. Date: 11/2006 OPSS.MUNI 100
f) ail Subcontractors and their workers are properly protected from injury while they are at the
Work Area.
.08 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy
and program at the' pre-start meeting and shall respond promptly to requests from the Owner for
~ confirmation that its methods and procedures for carrying out the Work comply with the Act and
i Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors
appointed to enforce the Act and the Regulations in any investigations of worker health and safety in
_ the performance of the Wark. The Contractor shall indemnify and save the Owner harmless from
any additional expense that the Owner may incur to have the Work performed as a result of the
Contractor's failure to comply with the requirements of the Act and the Regulations.
.09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list
of those products controlled under the Workplace Hazardous Materials Information System or
WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets
shall accompany the submission. All containers used in the application of products controlled under
WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator in writing of
changes in the products to be used and provide relevant Material Safety Data Sheets.
i .10 The Contractor shall have an authorized representative oti the site while any Work is being
performed, to supervise the Work and act for or on the Contractor's behalf. Prior to commencement
~ of construction, the Contractor shall notify the Contract Administrator of the names; addresses;
positions; and cell phone, pager, and telephone numbers of the Contractor's representatives who
i can be contacted at any time to deal with matters relating to the Contract, and update as necessary.
i
.11 The Contractor shall designate a person to be responsible for traffic control and work zone safety.
The designated person shat{ be a competent worker who is qualified because of knowledge, training,
~ and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has
knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of
construction, the Contractor shall notify the Contract Administrator of the name; address; position;
- i cell phone, pager, and telephone numbers of the designated person, and update as necessary. The
designated person may have other responsibilities, including other construction sites, and need not
be present in the Working Area at all times.
~ .12 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities, and
'~ assistance required by the Contract Administrator for the proper inspection and examination of the
' Work or the taking of measurements for the purpose of payment.
1!, .13 The Contractor shall prepare and update, as required, a construction schedule of operations,
indicating the proposed methods of construction and sequence of work and the time the Contractor
proposes to complete the various items of work within the time specified in the Contract Documents.
The schedule shall be submitted to the Contract Administrator within 14 Days from the Contract
award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an
updated construction schedule, if requested by the Contract Administrator, within 7 Days of the
request. This updated schedule shall show how the Contractor proposes to perform the balance of
the Work, so as to complete the Work within the time specified in the Contract Documents.
' .14 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the
Contractor shall promptly report it to the Contract Administra#or and shall not proceed with the
activity affected until receiving direction from the Contract Administrator.
.15 The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions
observed in the Working Area differ materially from those indicated in the Contract Documents.
Page 38 Rev. Date: 11/2006 OPSS.MUNI 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 locations shown on the Contract
Documents, that may affect the. Work, the Contractor shall immediately notify the Contract
Administrator and the affected Utility companies, in'order-to resolve the discrepancy. The Contractor
shall be responsible for any damage done to the underground Utilities and service connections by
the Contractor's forces during construction if the stake out locations are within .the tolerances given
in paragraph GC 2.01.01 a).
GC 7.02 Layout
.01 Prior to commencement of construction; the Contract Administrator anti 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, alias 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 to lay out and establish. all lines and grades
necessary for construction. The Contractor shall notify the Contract Administrator of any layout work
carried out, so that the same may be checked by the Contract Administrator.
.05 The Contractor shall install and maintain substantial alignmenf markers and secondary benchmarks
as may be required for the proper execution of the Work. The.. Contractor shall supply one copy. of all
alignment and grade sheets to the Contract Administrator.
.06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each
and all parts of the Work; regardless of whether the Contractor's layout work has been checked by
the Contract Administrator:'
.07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of
their destruction. or removal', such stakes, marks, and. reference points shall be replaced at the
Contractor's expense.
.08 Benchmarks and survey monuments identified in the Contract' Documents shall be protected by the
Contractor.. In the case. of their destruction or removal, such benchmarks and survey monuments
shall be replaced by the Owner at the Contractor's expense.
GC 7.03 Working Area
.01 The Contractor's. sheds,. site offices, toilets,. other temporary structures, and storage areas for
Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly
condition at all times:.
.02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor
require more space than that shown on the Contract Drawings, the Contractor shall obtain such
space at no additional cost to the Owrier.
Page 39 Rev. Date: 11!2006 OPSS.MUNI 100
.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the
Contractor has received prior written permission from the property owner.
GC 7.04 Damage by Vehicles or Other Equipment
01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be
done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's
vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the
direction of the Contract Administrator, and at no extra cost to the Owner, make changes or
substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner,
remove the cause of such damage to the satisfaction of the Contract Administrator.
GC 7.05 Excess Loading of Motor Vehicles
01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and
where motor vehicle. registration is required for such vehicle, the Contractor shall not cause or permit
such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S,O. 1990,
c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise,
except where there are designated areas within the Working Area where overloading is permitted.
The Contractor shall bear the onus of weighing disputed loads.
GC 7.06 Condition of the Working Area
.01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of
debris and prevent dust nuisance, mud, and ponding water, other than that caused by the Owner or
others.
GC 7.07 Maintaining Roads and Detours
.01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by
construction, it shall be kept open to both vehicular and pedestrian traffic,
.02 Subject to the approval of the Contract Administrator, the Contractor shall, at no additional cost to
the Owner, be responsible for providing and maintaining for the duration of the Work an alternative
route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM,
whether along the existing Highway under construction or on a detour road beside or adjacent to the
Highway under construction.
.03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short
periods of time to facilitate construction of the Work in accordance with the OT`M. Any temporary
lane closures shall be kept to a minimum. .
04 The Contractor shall not be required to maintain a road through the Working Area until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply de-icing chemicals or abrasives or carry out snowplowing.
.05 Where localized and separated sections of the Highway are affected by the Contractor's operations,
the Contractor shall not be required to maintain intervening sections of the Highway until such times
as these sections are located within the limits of the Highway affected by the Contractor's general
operations under the Contract.
.06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the construction of the detours and, if required, for the subsequent removal of
the detours, shall be made at the Contract prices appropriate to such work.
Page 40 Rev. Date: 11/2006 OPSS.MUNI 100
0~ Compensation for ail labour, Equipment, and Materials to d,o this Wor[c. shalt be at the Conb-act
prices appropriate to the Work and, where there are nod such prices, at nego#iated prices:
Notwithstanding the foregoing, the cost of biading required to maintain the surface of such roads and
detours shall be deemed to be included in the prices bid for the various tender items and no
additional payment shall be made.
.08 Where work under the Contract is discontinued for any extended period, ,including seasonal
shutdown, the Contractor shall, when directed by the Contract Administrator, open .and place the
Roadway and detours in a passable, safe, and satisfactory condition for public travel.. ~ .
.09 Where the Contractor constructs a detour tha# is not specifically provided for in the Contract
Documents or required by the Contract Administrator, the construction of the detour and, if required,
the subsequent removal shall be performed at the Contractor's expense. The detour shelf 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 dosed and fhe
traffic diverted entirely off the Highway to any other Highway;;tt~e Contractor shall, at no extra cost to
the Owner; supply, erect, and maintain traffic control devices irl;accordance with the 4TH. .
.11 Compliance with the foregoing provisions shall iri no way relieve the Contractor of obtigations under
subsection GC fi.01, Protection of Work, Persons, and Property, dealing with the Contractor's
responsibility for damage claims, except for claims arising on sections of highway.within the Working
Area that are being maintained by others.
GC 7.08 Access to Properties Adjoining the Work and interruption of utility
Services
.01 The Gontractor shall provide at all times and at na extra cost to the Owner,
a} adequate pedestrian and vehicular access; and
b) continuity of Utility services
to properties adjoining the Working Area.
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.02 The Contractor shall provide at ail times and at no extra cost #o the Owner access to fire hydrants,
water and gas valves, and aH other Utilities located in the Worftfng Area.
.03 Where any interruptions in the supply of Utility .services are required and are. authorized by the
Contract Administrator, the Contractor shall give the affected property owners notice in accordance
with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to
create a minimum of interference to those affected.
GC 7.49 Approval and. Permits
.01 Facet as specified in subsection GC 4.02, Approval and Permits, the Contractor shah obtain and
pay for any perrnits, licences, and certificates, which at the date of tender closing, are required for
the performance of the Work.
.Q2 The Contractor shall errange for all necessary inspections required by the approvals and permits
spedfied in paragraph GC 7.[}9.01.
Page.41. Rev. Date: 1t/2006 OPSS.MUNf 100
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GC 7.10 Suspension of Work
.01 The Gontractor shall, upon written notice from the Contract Administrator, discontinue or delay any
or all o€ the Work and work sha8 not be resumed until the Contrac# Administrator- so directs in writing.
Delays, in these circumstances, shall 6e administered according to subsection GC 3.07; Delays,
GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract
01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency, the Contractor may,
without prejudice to any other right or remedy the Contractor may have, by giving the Owner or
receiver or trustee to bankruptcy written notice, terminate the Contract.
.02 If the Work is stopped or otherwise decayed for a period of 30 t?ays or more under an order of a
court or other public authority and provided that such order was not issued as the result of an act or
fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor
may, 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 Con#ract Administrator, that the
Owner iS In default of GantractUai ObllgationS If,
a} the Contract Administrator fails to issue certficates in accordance with the previsions of Section
GC'8.0, hheasurement and Payment;
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bj the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause
GC 8.02.03, Certi#ication and payment, the amounts certified by the Contract Administrator ar
within 30 Days of an award by an arbitrator ar court; or
c) the Owner violates the requirements of the Contract.
.04 The Contractor's written notice to the Owner shall advise that if the defauit.is not corrected in the 7
Days immediately following receipt of the written notice, the Contractor may, wig prejudice to any
other right ar remedy the Contractor may have, stop the Work or terminate the Cdntract.
.05 If the Contractor terminates the Contract under the conditions set out in subsection GC 7.11, the
Contractor shall be entitled to be paid for all worts performed according to the Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the termination of the
Contract.
GC 7.12 itdatices ~y the Contractor
.01 Before work is carried out tha# may affect the properly or operations of any Ministry or agency of
government or any person; company; partnership; ar corporation, inducting a muniapai corporation
or any board or commission thereof, and in addition to such notices of the commencement of
specified operations as are prescribed elsewhere in .the Contract Documents, titre Contractor shah
give at least 4S hours advance written notice of the date of cormnerx:ement of such work to the
person, company, partnership, corporation, board, or commission sa affected.
42 In the case of damage to or in#erference with any Utilities, pole lines, pipe lines, cor~rduits, farm tiles,
dr other public or privately owned warns ar property, the Contractor shalt immediately notify the
Owner, Contract Admdnistrator, and the owrner of the works of the location and details of such
damage or intent®renca.
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Page 42 Rev. Date: 11/2tK16 OPSS.MUtd! 1Q0
GC 7.13 Obstructions
.01 Except as otherwise noted in these General' Conditions,. the Contractor assumes all tfie risks and
responsibilities arising out of any obstruction encountered in the performance of the Work and any
traffic conditions, including traffic conditions on-any Highway or road giving access to the Working
Area caused by such obstructions, and the Contractor shall not make any claim against the Owner
for any loss, damage, or expense occasioned thereby.
.02 Where the obstruction is an underground Utility or other man-made object,. the Contractor shall not
be required to assume the risks and responsibilities arising out of such obstruction, unless the
location of the obstruction is shown on the. Plans or described in the Contract Documents and the
location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the
presence and location of the obstruction has otherwise been made known to the Contractor or could
have been determined by the visuaf si#e investigation made by the Contractor in accordance. with
these General Conditions.-
A3 During the course of the Contract; it is the Contractor's responsibility to consult with Utility
companies or other appropriate authorities for further information in regard to the exact location of
these Utilities, to exercise the necessary: care in construction. operations, and to take such other
precautions as are necessary to safeguard the Utilities from damage.
GC T:14 Limitations of Operations
.01 Except for such work as may be required by the Contract Administrator to maintain the Work in a
safe and satisfactory condition; the Contractor shall not carry out operations under the Contract on
Saturdays, Sundays,: and `Statutory Holidays without permission in writing. from the Contract
Administrator..
.02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies,
and the Owner and they shall be allowed access to their work or plant at all reasonable times,
GC 7.15 Cleaning Up Before Acceptance
.01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials,
tools, construction machinery: ahd equipment not required: for the performance of the remaining
Work. The Contractor shale also remove all temporary works and debris other than chat caused by
the Owner or others and leave'the Work and 4~Jorking Area clean and suitable for occupancy by the
Owner, unless otherwise specified.
.02 The Work shall not be deemed to have reached Completion until the Contractor has removed
surplus materials, tools, construction machinery, and equipment. The Contractor shall also have
removed debris, other than that caused by the Owner, or others.
GC 7.16 Warranty
.01 Unless otherwise specified in the Contract Documents for certain Materials or components of the
Work, the Contractor shall be responsible for the proper performance of the Work only to the extent
that the design and standards permit such perfom~ance.
.02 Subject to the previous paragraph fhe Contractor shall correct promptly, at no additional cost to the
Owner, defects or deficiencies in the:. Work that appear,
a) prior to and' during the period of 12 months from the date of Substantial Performance of the
Work, as set out in the Certificate`of Substantial Performance of the Work,
Page 43 Rev. Date: 11/2006 OPSS.MUNI 100
b) where the work is completed after the date of Substantial Performance, 12 months after
' Completion of the Work,
c) where there is na Certificate of Substantial Performance, 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
d) such longer periods as may be specified in the Contract Documents for certain Materials or
some of the Work.
The Contract Administrator shall promptly give the Contractor written notice of observed defects or
deficiencies.
03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.16.02.
GC 7.17 Contractor's Workers
.01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and
whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers
involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly
such worker or workers shall be removed from the work and shall not be employed on the work
again without the consent in writing of the Contract Administrator.
GC 7.18 Drainage
.01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts
to keep all portions of the Work properly and efficiently drained, to at least the same degree as that
of the existing drainage conditions.
Page 44 Rev. Date: 11/2006 OPSS.MUNI 100
SECTtQtd GC 8.0 - MFr4SU12EMENT AtdD PAYMENT
GC 8.01 Measurement
GC 8.01.09 Quantities
.tat The Contract Administrator shall make an Estimate once a month,.in writing, of the quantity of.Woric
performed. The first Estimate shah be the quantity of Work performed since the Contractor
commenced the Contract, and every subsequent.Estimate, except the final one, shalt tee of the
quantity of Work performed since the preceding Estimate was made. The Contract Administrator
shall provide the copy of each F..stimate to the Contractor within 10 Days of the Cut-Off f3a#e.
.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
measuremen# of Work completed.
A3 Measurement of the quantities of the Work performed may be either by Actual Measurement ar by
Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements
shall nam3aNy be made usingPian Quantity principles but.may, where appropriate, be made using
Actua! Measurements. Those items identified on the Tender by the notation (P) in the unit column
sha11 be paid according to the Pian Quantity. Items where the notation (P} does not occur shall be
paid according to Actual Measurement or lump,sutii:
GC 8.01.Oa Variations in Tender Quantities
01 .Where it appears that the quantity of Work to be done or Material to be supplied or both by Etta
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 bQ complete the
tender item and payment shall be made for the actual amount of Work done or Materia! supplied or
both a# the unit prices stated in the lender except as provided below:
a} In the case of a Major ttem where the quantity of Work performed or Material supplied or both by
. the Contractor exceeds the tender quantity by more than 15°k, either party to the Contract may
make a written request to the other party to negotate a revised unit price for that portion of the
..Work performed. or Material supplied or both which exceeds 115% of the tender quantity. The
negot{ation shall be carried out as soon as reasonably possible. Any revision of the unit price
shall be based on the actual cost of doing the Work or supplying the Material or both under the
tender item Pius a reasonable allowance 4or profit and applicable overhead.
b) in the case of a Major Item where the quantity of~Work performed ar Material, supplied or both by
the Contractor is .less #han 85°k of the tender quantity, the Contractor may make a written
request to negotiate for She portion of tyre actual overheads and fixed costs applicable to the
amount of the urxlerrun in excess of 15% of the #ender quantity. For purposes of the
negotiation, the overheads and fixed casts applicable to the item are deemed to have been
prorated uniiiiormiy over 100°fo of the tender quantity for the item. Ovefiead costs shah be
confirmed by a statement certified by the ContracWr's senior financial officer or auditor and may
be audited by the Owner. Altemativeiy, where both parties agree, an allowance equal to 10°!° of
the unit price on the amauni of the underrun in excess of 15% of the tender quantity shall be
paid.
Written requests far compensation must be received na later than 60 Days af#er the issuance of the
Completion Payment Certificate.
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GC 8.A2 Payment
tyC 8.02.01 Prcce for Work
,41 Prices for the Work shall be foil compensation for ail labour, Equipment and Matera4 required in its
performance. The term "a!I labour, Equipment, and Material" shall include Hand Tools, supplies, and
other incidentals.
.A2 Payment for worst not specifically 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 associated.
GC 602.02 Advance Payments far Material
01 The Owner shall make advance payments far Material intended far incorporation in the Work upon
the written request of the Contractor and according to the fallowing terms and conditions:
a} The Contractor shall deliver the Material to a site approved by the Contract Administrator and
the Contractor shall, in advance of receipt of the shipment of the Material, arrange for. adequate
and proper storage facilities.
b) The value of aggregates, processed and stockpiled, shag be assessed by the following
procedure:
i. Sources Other Than Commercial
(1}Granular A, B, BI, Bil, BIII, M, and O shall be assessed at the rate of 60°1a of the
Contract price.
{2} Coarse and tine aggregates for hot mix asphaltic concrete, surface treatment and
Portland cement concrete shall be' assessed at the rate of 25% of the Cb-ltratt price for
each aggregate stockpiled.
ii. Commercial Sources
Payment for separated coarse and fine aggregates shall be considered at the above rate
when such materials are stockpiled at a commercial source where further processing is to
be carried out before incorporating such ma#eriais into a final product. Advance payments
for other materials located at a commercial source shall not be made.
c) Payment for all other materials, unless otherwise specified elsewhere in the Contract'
t3arximents, shall be based on the invoice pride, and the Contractor shall submit proof of cast to~
the Contract Administrator before payment sari be made by the Owner.
d) The payment for all Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material. Such payment shall not exceed
80°Io of the Contract price for the Item.
e) Ail Materials for which the Contractor wishes to receive advance payment shall be placed in the
designated storage location. immediately upon receipt of the material and shall thenceforth be
held by the Contractor in trust far the Owner as collateral security for any monies advanced by
the Owner and for the due completi~ of the Worts. The Contractor shat! not exerdse any act of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for inclusion in the Work, without the consent, in writing, of the Contract Administrator.
f} Such- materials shall remain at the risk of the Contractor who shall be responsible for any loss,
damage, the#t, improper use, or destruction of the material however caused,
.02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC
8.02.02.49, such payment shall not constitute acceptance of the Material by the Owner. Atxeptance
shall only be determined when the materia! meets the requirements of the appropriate specification.
~, ; p~$ q~, Rev. Date: 11/20Q6 QPSS.Mtlf~11~
GC 8.02.03 Certification and Payment
GC 8.02,03.01 Progress Payment Certificate
.01 . The value of the Work performed and Material supplied shall be calculated once a month by the
Contract Administrator in accordance with.'. the Contract Documents and clause GC 8.01.01,
Quantities.
.02 The progress Payment Certificate shall show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Material;
d) the amount of statutory holdback, liens, Owner's set-oft;
e) the amount of GST, as applicable; and -
f) the amount due to the Contractor.
,03 One copy of the progressPaymerit Certificate shall be senfto the Contractor.
.04 Payment shall be made within 30 Days of the Cut-Off Date.
GC 8.02.03.02 Certification of Subcontract Completion
.01 Before the Work has reached the -stage of Substantial Performance, the Contractor may notify the
Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the
Contract Administrator certify the completion ofsuch subcontract.
.02 The Contract Administrator shall issue a Certificate of Subcontract Completion,. if the subcontract ~.
has been completed satisfactorily~l and all required inspection and testing of the works covered by
the subcontract have been carried'out and the results are satisfactory.
,03 The Con#ract Administrator shall set out in the Certificate of Subcontract Completion the date on
which the subcontract was completed and, within. 7 Days of the date the subcontract is certified
complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the
Subcontractor concerned.
GC 8,02.03,03 Subcontract Statutory Holdback Release Certificate and Payment
.01 Following receipt of the Certificate of. Subcontract Completion, the Owner shall release and pay the
Contractor the. statutory holdback retained in respect of the subcontract. Such release shall be
made 46 Days after the date the subcontract was certified complete and' providing the Contractor
submits the following. to the Contract Administrator:
a) a document satisfactory to the Contract Administrator that. shall release the Owner from all
further claims relating to the subcontract, qualified by stated` exceptions such as holdback
monies;
b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all
liabilities incurred in carrying out the subcontract;
Page 47 Rev. Date: 11/2006 OPSS.MUNI 100
c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and
d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory
statement showing the total amount due the Subcontractor from the Contractor.
.02 Paragraph GC 8.02;03.03.01 d), shall only apply to Lump Sum Items and then only when the
Contract Administrator specifically requests it.
.03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the
payment due under the subcontract.
.04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the
Contractor, or the Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04 Certification of Substantial Performance
.01 Upon application by the Contractor and when the Contract Administrator has verified that the
Contract has been substantially performed, the Contract Administrator shall issue a Certificate of
-, Substantial Performance.
i .02 Upon verifying that the Contract has been substantially performed, the Contract Administrator shall
issue a certificate of Substantial Performance and shall set out in the Certificate of Substantial
Performance the date on which the Contract was substantially performed and, within 7 Days after
~~ signing the said certificate, the Contract Administrator shall provide a copy to the Contractor.
.03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith,
as required by Section 32(1) Paragraph 5 of the Construction Lien Aef, R.S.O. 1990, a.C.30, as
amended, publish a copy of the certificate in a construction, trade newspaper. Such publication shall
include placement in the Daily Commercial News.
.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as
required above within 7 Days after receiving a copy of the certificate signed by the Contract
Administrator, the Owner may publish a copy. of the certificate at the Contractor's expense.
.05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45 Day lien period
' prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance
Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
I
GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Certificate of Substantial Performance, the Contract
Administrator shall also issue the Substantial Performance Payment Certificate and the Substantial
Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined
payment certificate.
.02 The Substantial Performance Payment Certificate shall show,
a) the value of Work performed to the date of Substantial Performance;
b) the value of outstanding or incomplete Work;
c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to
the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment;
Page 48 Rev. Date: 11/2006 OPSS.MUNI 100
d) the amount of maintenance security required; and
e) the amount due the Contractor.
.03 Paymeht of the amount certified shall be made withih 30 Days of the date. of issuance of the
payment certificate.
.04 The Substantial Performance Statutory Holdback Release.. Payment Certificate shall be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantial Performance; Payment of such statutory holdback shall be due 46 Days after
the date of publication of the Certificate of Substantial Performance but subject to the provisions of
the Construction Lien Act and the submission by the` Contractor of the following documents:
a) a release by the Contractor in a forme 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 ofisubsection GC 3.'13, Claims, Negotiations, Mediation;.
b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities
incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have
been discharged except for statutory holdbacks' properly retained;.
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
d) proof of publication of the Certificate of Substantial Performance.
GC 8.02.03.06 Certification of Completion
.01 Upon application by the Contractor and': when the Contract Administrator has verified that the
Contract has.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, withirn 7 Days of signing the said certificate, the Contract Administrator shall
provide a copy to the Contractor.
GC 8.02.03A7 Completion Payment and Completion Statutory Holdback.. Release. Payment
Certificates
.01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall
also issue the Completion' Payment Certificate and the Completion Statutory Holdback Release
Payment Certificate or where appropriate, a combined payment certificate.
.02 The Completion Payment Certificate shall show,
a) measurement and value of Work at Completion;
b) the amount of the further statutory holdback based on the value. of further work completed over
and above the value of work` completed shown in the Substantial Performance Payment
Certificate referred to above; and'
c) the amount due the Contractor.
.03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate
releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall
be due 46 Days after the date of Completion of the Work as established' by the Completion
Certificate but subject to the provisions: of the Construction Lien Act and the submission by the
Contractor of the following documents:
Page 49 Rev. Date: 11!2006 OPSS,MUNI 100
a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the
i Owner from all further claims relating to the Contract, qualified by stated exceptions where
appropriate;
b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities
incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have
been discharged, qualified by stated exceptions where appropriate; and
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board.
' GC 8.02.03.08 Interest
01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of
Interest.
GC 8.02.03.09 Interest for Late Payment
01 Provided the Contractor has complied with the requirements of the Contract, including all
documentation requirements, when payment by the Owner to the Contractor for Work performed, or
for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to
receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days after the Cut-Off Date;
b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the
subcontract was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which
the subcontract was completed;
d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the
i certificate;
e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after
'publication of the Payment Certificate of Substantial Performance;
f) Completion Payment Certificate: 30 Days after the date certified as the date on which the
Contract reached Completion; and
g) Completion Statutory Holdback Release Payment Certificate; 76 Days after the date certified as
~ the date that the Work was completed.
i .02 If the Contractor has not complied with the requirements of the Contract, including ail documentation
requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01,
interest shall only begin to accrue when the Contractor has completed those requirements.
Page 50 Rev. Date: 11/2006 OPSS.MUNI 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 claim and the
subsequent claims are submitted in accordance with` the time limits or procedure or both described
by subsection GC 3.13, Claims, Negotiations; Mediation, the Owner shall pay. the Contractor the
Rate of Interest on the amount of the negotiated price for:that part of the Work or on the amount of
the settled claim. Such interest shall. noficommence until 30 Days after the satisfactory completion
of khat part of the Work.
.02 Where the Contractor does not attempt to resolve the negotiation or the claim ih an expeditious
manner, interest shall be negotiable.
.03 Where the Contractor fails to give notice of a claim within the time. limit proscribed by subsection
GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid.
A4 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in
paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period.
GC 8.02.03.11. Owner's Set-Off
.01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the
Contractor under this Contract an amount- sufficient to cover any outstanding or disputed liabilities,
including the cost to remedy deficiencies, the: reduction in value of substandard portions of the Work,
claims for damages by third parties than. have not been determined' in writing by .the Contractor's
insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board; and any monies to be paid to the workers in accordance
with clause GC 8,02.06, Payment of Workers:'
.02 Under these circumstances the Owner will give the Contractor appropriate notice. of such action.
GC 8.02.03.12 Delay in Payment
.01 The' Owner shall not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04 Payment on a Time and Material Basis
GC 8.02.04.01 Definitions
.01 For the purpose of clause GC 8,02.04 the following definitions apply:
Cost of Labour means the amount of'wages, salary, travel, travel: time, food, lodging, or similar items
and Payroll Burden paid or incurred directly by the Contractor to or in respecf of labour and supervision
actively and necessarily engaged ort the' Work based on the recorded time and hourly rates of pay for
such labour and supervision but shall 'Hilt include. any payment or costs incurred for general supervision,
administration, and management time spent on the entire Work or any wages, salary,. or Payroll Burden
for which the Contractor is compensated by any payment made by the Owner for Equipment
Cost of Material means the cost of Material purchased or supplied from„ stock and valued at current
market prices for the purpose of canying out` Extra Work by the Contractor or by others, when. such
arrangements have been made by the Contractor for completing the Work, as shown by itemized
invoices.
Operated Rented Equipment means Rented Equipment for which an operator is provided by the
supplier of the equipment and for which the rent or lease includes the cost of the operator.
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Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment
i insurance, public liability and property damage insurance, sickness and accident insurance, pension fund,
and such other welfare and benefit payments forming part of the Contractor's normal labour costs.
Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word
"associate" is defined by the Securities Act, R.S.O. 1990, c.S.S, as amended, and is approved by the
Contract Administrator,
Road Work means the preparation, construction, finishing, and construction maintenance of roads,
streets, Highways, and parking lots and includes all work incidentals thereto other than work on
structures.
Sewer and Watermain Work means the preparation, construction, finishing, and construction
maintenance of sewer systems and watermain systems, and includes all work incidental thereto other
than work on structures.
Standby Time means any period of time that is not considered Working Time and which together with the
Working Time does not exceed 10 hours in any one Working Day and during which time a unit of
equipment cannot practically be used on other work but must remain on the site in order to continue with
its assigned task and during which time the unit is in fully operable condition.
Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or
demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying
of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and
appurtenances incidental thereto.
The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates
for Construction Equipment, Including Model and Specification Reference, that is current at the time the
work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner,
using the same principles as used in determining The 127 Rates.
Work on a Time and Material Basis means Changes in the Work, Extra Work, and Additional Work
approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time
and Material Basis shall be subject to all the terms, condit(ons, Standard Specifications and provisions of
the Contract.
Working Time means each period of time during which a unit of Equipment is actively and of necessity
engaged on a specific operation and the first 2 hours of each immediately following period during which
the unit is not so engaged but during which the operation is otherwise proceeding and during which time
the unit cannot practically be transferred to other work but must remain on the site in order to continue
with its assigned tasks and during which time the unit is in a fully operable condition.
GC 8.02.04.02 Daily Work Records
,01 Daily Work Records, prepared as the case may be by either the Contractor's representative or the
Contract Administrator reporting the labour and Equipment employed and the Material used on each
Time and Material project, should be reconciled and signed each Day by both the Contractor's
representative and the Contract Administrator. If it is not possible to reconcile the baily Work
Records, then the Contractor shall submit the un-reconciled Daily Work Records with its claim,
whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there
is a resolution of the claim.
Page 52 Rev. Date: 1112006 OPSS.MUNI 100
GC 8.02.04.03 Payment for Work
.01 Payment as herein provided shall be full compensation for all labour, Equipment, and Material. to do
the Work on a Time and Material Basis except where there is agreement to the contrary prior to the
commencement of the Work on a Time and Material`-Basis. The payment adjustments on a Time
and Material basis shall apply to each individual Change Order authorized by the Contract
Administrator,
GC 8.02.04.04 Payment for Labour
.01 The Owner shall pay the Contractor for labour employed on each Time and Material project at 135%
of the Cost of Labour up to $3,000, then at 120°/a of any portion of the Cost of Labour in excess of
$3,000,
.02 The Owner shall make payment ih respecfiof Payroll Burden for Work on a Time and Material Basis
at the Contractor's actual cost of Payroll Burden.
.03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so
determined shall be applied to all Time and. Material work on the Contract.
GC 8.02.04.05 Payment for Material
.01 The Owner shall pay the Contractor for Maferial 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 8.02.04.06.01. 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 adjustmentas follows:
a) Cost $10,000 or less - no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 -payment $10,000 plus 90% of the
portion in excess of $10,000;: and
c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess. of $20,000,
.02 The Owner shall pay the Contractor for the Working Time of Rented Equipment. used on the Work on
a Time and Material Basis of 110% of the invoice price approved by the Contract Administrator up to
a maximum of 110% of The 127-Rate. This constraint shall be waived when the Contract
Administrator approves the invoice price.prior to the use of the Rented Equipment.
.03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on
the Work on a Time and Material' Basis at 110% of the Operated Rented Equipment invoice price:
approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and
Material Basis.
GC 8.02.04.06.02 Standby Time
..01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35%
of the invoice price whichever is appropriate. The Owner shall: pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by
Page 53 Rev. Dale: 11/2006 OPSS.MUNI 100
the Contract Administrator. This shall include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.
02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the Work on a Time and Material Basis.
03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to
the Work on Time and Material Basis to be returned to the lessor until the work requiring the
equipment can be resumed. The Owner shall pay such costs as a result from such return.
.04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to
or from the Working Area on a Time and Material basis, payment shall be made by the Owner only
in respect of the transporting units. When Equipment is moved under its own power it shall be
deemed to be working. The method of moving Equipment and the rates shall be subject to the
approval of the Contract Administrator.
GC 8.02.04.07 Payment for Hand Tools
.01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for
or in respect of Hand Tools or equipment that are tools of the trade.
GC 8.02.04.08 Payment for Work.By Subcontractors
.01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be
performed by Subcontractors on a Time and Material basis and has received approval prior to the
commencement of such work, in accordance with the requirements of subsection GC 3.09,
Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material
Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and
Material Basis, plus a markup calculated on the following basis:
a) 20% of the first $3,000; plus
b) 15% of the amount from $3,000 to $10;000; plus
c) 5% of the amount in excess of $10,000.
02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to
others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup
whatsoever shall be applied.
GC 8.02.04.09 Submission of Invoices
01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable
labour and Equipment rates not already submitted to the Contract Administrator during the course of
such work.
' .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary
for Payment of Accounts on a Time and Material Basis." Each summary shall include the Change
' Directive or Change Order number and covering dates of the work and shall itemize separately- the
labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges
incurred by the Contractor on the Work on a Time and Material Basis shall be included with each
summary.
~ Page 54 Rev. Date: 11!2006 OPSS.MUNI 100
.03 Each month the Contract Administrator shall include with the. monthly progress payment certificate,
the costs of the Work on a Time and Material Basis incurred during the preceding month all in
accordance with the contract administrative procedures and tfie Contractor's invoice of the Work on
a Time and Material Basis.
.04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall. be submitted by
the Contractor within 60 Days after the 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 tfle Contractor as compensation' in full for profit and all costs and expenses
arising out of the work, including all cost of general supervision, administration, and management
time spent on the work, and no other payment or allovvahce 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;: aftee'the Warranty Period has expired: The Final Acceptance
Certificate shall not be issued until' all known deficiencies have. been adjusted or corrected, as the
case may be, and the Contractor has discharged all obligations under the Contract.
GC SA2.06 Payment of Workers
.01 The Contractor shall, in addition to any fringe benefits, pay the. workers employed on the Work in
accordance with the labour conditions set out ih the Contract and at intervals of not less than twice a
month.
.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers
employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01,
.03 Where any person employed by the Contractor or any Subcontractor or other. person on the Work is
paid less than the amount" required to be paid under the Contract, the Owner may set off monies in
accordance wish clause GC 8.02:03,11; Owner's Set-Off.
GC 8.02.07 Records
.01 The Contractor shall maintain> artd 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
such original Records untie 12 months after the Final Acceptance Certificate is issued: or until all
claims have been settled; whichever: is longer, The Contractor shall require that Subcontractors
employed by the Contractor preserve ail< original Records pertaining to the Work, Changes in the
Work, Extra Work, and claims arising therefrom'for a similar period of time.
,02 The Owner may inspect and- audit the Contractor's Records relating to the Work, Extra Work, and
Changes in the Work at any time during the period of the Contract. The Contractor shall supply
certified copies of any part of its Records required; whenevor requested by the Owner.
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GC 8.02.08 Taxes
01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for
this Contract, and this change could not have been anticipated at the time of bidding, the Owner
shall increase or decrease Contract payments to account for the exact amount of tax change
involved.
.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the
Contractor shall submit to the Contract Administrator, on forms provided by the Contract
Administrator, a statement of such benefits. This statement shall be submitted not later than 30
Days after Final Acceptance.
j .04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in
_ ~, place foml part of the finished Work, or the provision of services, where such services form part of
the Work and where the manufacture or supply of such commodities or the provision of such
services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as
detailed above. Services in the latter context means the supply and operation of equipment, the
provision of labour, and the supply of commodities that do not form part of the Work.
~ GC 8.02.09 Liquidated Damages
~ .01 When liquidated damages are specified in the Contract and the Contractor fails to complete the
Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the
I Contract Documents.
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