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Home My WebLink About2009-024 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-024 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 Highway 2, Streetscape and Street Lighting Improvements, Bowmanville and to repeal By-law 2009-008 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; 2. THAT the contract attached hereto as Schedule "A" form part of this By-law; and 3. THAT By-law 2009-008 is hereby repealed. By-law read a first and second time this 2nd day of March, 2009. By-law read a third time and finally passed this 2nd day of March, 2009. Mayor r - , Patti _ ,arr ,icipal Clerk r Clarin, Leading the Way gon i Municipality of Clarington I EXECUTED CONTRACT r � r � r CORPORATION OF THE MUNICIPALITY OF CLARINGTON HIGHWAY 2, STREETSCAPE AND r STREET LIGHTING IMPROVEMENTS, BOWMANVILLE { r CONTRACT NO. CL2008-31 I1 tNovember 2008 � 1 � r i 1. , i � r rProject No. 12-29701 �r AGREEMENT ¢ ' THIS AGREEMENT made in quadruplicate ! ' BETWEEN: RUTHERFORD CONTRACTING LTD. of the Regional Municipality of York and Province of Ontario I! ' hereinafter called the Contractor r THE PARTY OF THE FIRST PART P ' and - CORPORATION OF THE MUNICIPALITY OF CLARINGTON ` i kk hereinafter called the Purchaser 1 THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments ' specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof ' have been embodied herein. i 1 j i ' Page t of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS ' Highway 2, Streetscape and Street Lighting Improvements, Bowmanville, Contract No. CL2008-31 i ' 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'—CONTRACTORSAFETY D. INSTRUCTIONS TO TENDERERS E. SPECIAL PROVISIONS-GENERAL F. SPECIAL PROVISIONS-TENDER ITEMS i' G. DESIGN GUIDELINES H. STANDARD DRAWINGS I. PLANS: Drawings No. L1 —L6, Et —E6, L7—L9 J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition q , 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. 9 OPSS Date OPSS Date OPSS Date OPSS Date 't{ No. No. No. No. a 127 Apr. 2008 351 Nov. 2005 571 Nov. 2007 609 Apr. 2003 128 Apr. 2006 355 Nov. 2006 601 Nov. 2004 610 Nov. 2006 206 Nov. 2000 408 Nov. 2007 602 Mar. 1993 614 Sept. 1984 310 Apr. 2008 510 Nov. 2006 603 Mar. 1993 615 Nov. 2007 314 Nov. 2004 570 Nov. 2007 604 Nov. 2004 616 Nov. 2001 1 1 1 1 1 617 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. i ' I 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 u 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. RICHARD HAWKINS Date - in the presence of ) _ �a9 Date i SIGNED and sealed by the Purchaser: CORPORATION OF THE MUNICIPALITY OF GLARINGTON ) Jim Ab y, Miay�r Date 200)in the presence of ) ) P ' a r' lark Date (r+ 5 I , j j , Page 3 of 3 i ;i V CONTRACT NO. CL2008-31 MUNICIPALITY OF CLARIN TON HIGHWAY 2, STREETSCAP AND STREET LIGHTING IMPROVEMENTS, BOWMANVILLE r ADDENDUM NO. 3 Contractors are hereby advised cif the following modifications to Contract No. CL2008-31: III SPECIAL PROVISIONS—TEN R ITEMS REMOVAL OF ELECTRICAL E( UIPMENT—ITEMS NO. 69 AND D7 On Page 16 under this Item with �eference made to"Item B9": Replace: "(5) Decorative steel base moun ad lighting pole (10) Decorative luminaire and br cket arm." with: "(3)Decorative steel base mor�ntad lighting pole (6)Decorative luminaire and bucket 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 i 1 ' P:\Dept 12\12-29701\Specs\ADD Idoc I I AECOM L ! III CONTRACT NO. CL200831 MUNICIPALITY OF CLARIN TON HIGHWAY 2, STREETSCAP AND STREET LIGHTING IMPROVEMENTS, BOWMANVILLE 1 II ADDENDUM NO. 2 Contractors are hereby advised f 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' an Connection"shall be deleted. Item No. 814 c)—the quantity shall be revised to read"16". Item No. D8 a)—the description hall 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"Si pply'D'"and replace with"Supply C'. Drawing E5—in the upper right ble, delete"FLEX" and replace with"RIGID". Drawing E6—the last sentence Note 1 —"Remove and dispose of existing pole base", shall be deleted. Pale bases will be reused for new pol s. All tenders must be submitted on the basis of these modifications. This Addendum shall remain attalched to and form part of all tenders submitted. AECOM 513 Division Street Cobourg, Ontario K9A 5G6 November 18, 2008 I i I ' PADept 12\12-297010pecsADD 2.doc ' AECOM I I CONTRACT NO. CL2008-31 MUNICIPALITY OF CLARIN TON HIGHWAY 2, STREETSCAP AND STREET LIGHTING IMPROVEMENTS, BOWMANVILLE ADDENDUM NO. 1 Contractors are hereby advised c�f 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 C cable shown in the south boulevard from 0+615 to 0+995 should be shown in a joint trench with the traffic inter nnect duct located 3.4 m from bag of curb. Drawings No. 1-2. 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 1-1. 1-2, L3 and L4—Th following note shall be added to the drawings referencing the existing traffic ducts: "The Contractor shall loc to and protect all existing ducts when excavating for tree trenches, street light ducts and street light poles." Drawings No. 1-7. L8 and L9—ShIall be replaced with attached Drawings L7, L8 and 1-9. Drawing No. L1 of 1 (last draw14—Shall be deleted from the tender set. All tenders must be submitted on the basis of this modification. This Addendum shall remain atta�hed 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 3 of Itemized Bid Note: All replacement drawings]will be sent via courier II I PADept 12112-297011SpecsWDD l.doc A E CO M l ' 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 1G0 Address (include Postal Code) Tel: 905-888-9444 Fax: 905-888-9445 Telephone and Fax Numbers Robert Stephenson Name of Person Signing Chief Estimator Position of Person Signing TENDERS RECEIVED BY: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 PADept 12112-297011Specsllncomplete\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. CL200 8-31 Highway 2, Streetscape Improvements, Bowmanville Dear Mayor and Members of Council The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease,,or deletion entirely if 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 'bnder. 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 Clartngton Design Guidelines and Standard Drawings Item No. Spec No. Description Unit I Quantity I Unit Price I 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 I� 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 m2 98 32.81 3,215.38 Existing Brick Pavers A5 510 Removal of Asphalt (50 mm depth) m2 114 19.15 2,183.16 SP in Entrances ' A6 314 Provisional Item 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 Provisional Item ea 5 365.12 1,825.60 SP, MOC Adjust Existing Water Valves All SP Median Planter Retaining Walls m2 261 329.98 86,124.78 (face area) Al2 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 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) Tatarian Maple ea 19 268.80 5,107.20 Acertataricum (45 mm W.B.) c) Autumn Blaze Red Maple ea 10 319.20 3,192.00 Acerx freemanii Veffersred' (60 mm W.B.) d) Turkish Hazel ea 8 312.48 2,499.84 Corylus columa (60 mm W B.) e) Skyline Locust ea 23 359.52 8,268.96 Gleditsia 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 americana 'Redmond' (60 mm W.B,) ' h) Japanese Zelkova ea 6 305.76 1,834.56 Zelkova serrata (60 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 Ginkgo 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 20.16 9,011.52 . Hemerocallis x Stella D'oro (1 gallon pot) Page 4 of 13 pages ' ITEMIZED BID CONTRACT NO. CL200831 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) rc) 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 1 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 Handholes SP a) 300 mm Dia. ea 1 374.50 374.50 Page 5 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 hem MOC Municipality of Clarington Design Guidelines and Standard Drawings ' 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 1 a) #6 AWG m 750 6.42 4,815.00 B6 604 Messenger Cables m 375 5.35 2,006.25 SP B7 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 610 614 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 6WPPIy 'G' APA GGARPGtiaR 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 25,680.00 812 615 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 char 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) 25OW HPS Cobrahead ctw 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 ' 817 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 Ginkgo biloba (60 mm W 8.) Page 7 of 13 pages ITEMIZED BID CONTRACT NO.CL200841 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 8.56 128.40 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 Clarington 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 SP 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 V and Connection 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 V -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 Total Cost t 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 Jcffersred' (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, Syringe ea 11 331.52 3,646.72 reticulata 'Ivory Silk'(60 mm W.B.) h) Sunburst Honeylocust, 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 Hats Daylilies, ea 200 20.16 4,032.00 Hemerocallis 'Frans Hals' (potted) k) Hyperion Daylilies, ea 278 20.16 5,604.48 Hemerocallis 'Hyperion' (potted) 1) 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 MOC Municipality of Clarington Design Guidelines and Standard Drawings ' Item No. Spec No. Description Unit Quantity Unit Price Total Cost M) Tufted Hair Grass, ea 94 22.40 2,105.60 Deschampsia caespitosa (15 cm pot) ' n) Little Bunny Fountain Grass, ea 100 20.16 2,016.00 Panicum virgatum 'Little Bunny'(15 cm pot) 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 in East) 107,698.71 Part'E' -Green Road Streetscape Planting ' (Green Road to Aspen Springs Drive) 58,632.21 ' Total (e%cluding GST) 1,047,296.93 GST (5% of Total) 52,364.85 TOTAL TENDER AMOUNT 1,099,661.78 Tenderer's GST Registration No. R124580911 PADept 12112-297011Specsl(CI-2008-31-Item Bid(SignD=).xlslSign Does Page 11 of 13 pages 1 AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO.CL200831 ' Bond No.: 83-1632-0113-08 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 anount, 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'h day of November 2008 ' Aviva Insurance Company of Canada Name of Bonding Company ' Linda Handy (BONDING COMPANY SEAL) Signature of Authorized Person ' Signing for Bonding Company Attorney-in-Fact Position (This Form shall be completed and attached to the Tender Submitted). Page 12 of 13 pages SCHEDULE OF TENDER DATA CONTRACT NO CL2008-31 tThe 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 Pages 3 to 11 Agreement to Bond Page 12 Schedule of Tender Data Page 13 t 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 ' 1. 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 Municipality of Clarington Design Guidelines and Standard Specifications—2004. OPSS Date OPSS Date OPSS Date OPSS Date No. No. No. No. 127 Apr. 2008 351 Nov. 2005 571 Nov. 2007 609 Apr. 2003 128 Apr. 2006 355 Nov. 2006 601 Nov. 2004 610 Nov. 2006 206 Nov. 2000 498 Nov. 2007 602 Mar. 1993 614 Sept. 1984 310 Apr. 2008 510 Nov. 2006 603 Mar. 1993 615 Nov. 2007 314 Nov. 2004 570 Nov. 2007 604 Nov. 2004 616 Nov. 2001 ' 1 617 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 Praincial 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 lariSrvd Specifications, for Contract No. CL2008-31, executed by me/us bearing date the, _day of` November 2008 an we have fully read all related documents to tender data as lifted above. SIGNATURE: ' /�'C'X�✓—` POSITION Ofiief Esdr&tor - NAME OF FIRM Rutherford Contracting Ltd. �C `,ISAP.AN -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 10 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 MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-31 STANDARD TERMS AND CONDITIONS P:Vept 12112=2970 %SomU 9112-29701-T&C.doc . STANDARD TERMS AND CONDITIONS i The Municipality of CIA ington's"Standard Terms and Conditions"shall apply to this Contract except where noted belo w. • Clause 8 of t ite"Standard Terms and conditions"shall be superseded by Clause 8, "Payments"of the"Special Provisions—General"Section of the Contract. • Clause 15 of the"Standard Terms and conditions"shall be superceded by Clause 2, "Guaranteed Maintenance"of the"Special Provisions—General"Section of the Contract. • Clause 16 of the"Standard Terms and Conditions"is not applicable to this Contract. ' Clause 23 Of the"Standard Terms and Conditions"shall be superceded by Clause 6.03.02 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.. i STANDARD TERMS AND CONDITIONS 2 4 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, fine or corporation to whom the Municipality has awarded the contract,it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order , alterations,the document and addenda,the bid,and surety. Subcontractor-A person,fine or corporation having a contract with the company for,or any part of, the work. Document- The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid-An offer by a Bidder in response to the document issued by the Municipality. Work -All labour, materials, products, articles,fixtures, services, supplies, and acts required to be done,furnished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#2006- 127 and will apply for the calling,receiving,and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By- law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings,i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted,it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing ' must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by 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 dosing date and time will not be considered and will be returned,unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity,the decision of the Municipality shall be final. ' r STANDARD TERMS AND CONDITIONS 3 3. CONTRACT The contrail com ists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding 0 e chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's inteided use and complete for a particular purpose. None of the conditions contained in the Bidders standard or general conditions of sale shall be of any effect unless: xplicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATI OF THE DOCUMENT Any darfti f the document required by the Bidder prior to submission of its bid shall be requested througli the Municipality's contact identified in the document. Any such clarification so given shall not in any way after 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 after orally any portion of the document. 5. PROOF OF ABlUTY 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 sha I not bind the Municipality to accept the work covered thereby,or the particulars of the delivery ticket or piece tally thereof. ' Work shall be su to further inspection and approval by the Municipality. The Company st II be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of die essence of the contract. 7. PRICING Prices shall be in anadian Funds,quoted separately for each item stipulated,F.O.B.destination. Prices shall be fin for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the 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 cla 'fication on any point, it must be obtained prior to the submission of the bid. Payment shah bp, full compensation for all costs related to the work, including operating and . overhead costs to provide work to the satisfaction of the Municipality. T STANDARD TERMS AND CONDITIONS 4 ' I All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other ' charges of every kind attributable to the work Goods and Services Tax and Provincial Sales Tax shall be extra and not shown,unless otherwise specified herein. If the Bidder intends to manufacture or 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 its 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 Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, inducting final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality,except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any skin otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work,pending correction of ft. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice,contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall,at its expense,defend all claims,actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement,the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed aftemate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY f Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior ' written consent of the Municipality. STANDARD TERMS ND CONDITIONS s 13. FINANCING F RMATION REQUIRED THE COMPANY ' The Municipality entitled to request of the Company to furnish reasonable evidence that financial arrangements he a been made to fulfill the Company's obligations under the Contrad. 14. LAWS AND R )LATIONS The company sh g comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertainiry to the work and its performance. The company shall be responsible for ensuring similar complanc i by suppliers and subcontractors. The contract she be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION DEFECTS If at any time p to one year after the actual delivery date or completion of the work(or specified warranty/guarantoe period if longer than one year) any part of the work becomes deflective or is deficient or fads due to defect in design, material or workmanship, or otherwise fails to meet the requirements of a contract, the company, upon request, shad make good every such defect, deficiency or fai a without cost to the Municipality. The company shall pay all transportation costs for work both way between the company's factory or repair depot and the point of use. 16. BID ACCEPT E The Municipality 'eserves the right to award by item, or part thereof, groups of items, or parts thereof, or all g s of the bids and to award contracts to one or more bidders submitting identical bids as to price;t accept or reject any bids in whole or in part;to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shag accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official dosing time. The placing 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 Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assign t for the benefit of its creditors; then, in any such case, the Municipality may, without ties:terminate the contract. b. If the coi ipany: fails to comply with any request, instruction or order of the Municipality; or faits to ay its accounts; or fails to comply with or persistently disregards statutes, regulaf s, by-laws or directives of relevant authorities relating to the work; or fails to prosecut the work with skill and diligence;or assigns or sublets the contract or any portion thereofv thout the Municipality's prior written consent;or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract,then,in any such case,the Municipality may,upon expiration of ten days from the date of written notice to the company,terminate the contract. C. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. ;1 STANDARD TERMS AND CONDITIONS 6 d. If the Municipality terminates the contract,it is entitled to: I) take possession of all work in progress, materials and construction equipment ' then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; it) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss,damage and expense incurred by the Municipality by reason of the company's 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 unperfom>ed portion of the work or part thereof. In the event of such cancellation, the Municipality and 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 on actual quantities deemed acceptable by the Municipality. 20. SAMPLE 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 request, unless additional time is granted. Samples must be submitted free of charge and will be retumed at the bidder's expense, upon request, provided they have riot 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 k 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 suety, in an amount determined by the Municipality. This surety may be held by the Municipality unfit 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 to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal 1 STANDARD TERMS AND CONDITIONS 7 ' 22. R AN INSURANCE D All of the s personnel must be covered by the insurance plan under the Workplace Safety and Insurance 1997,or must provide an identification number from the WSIB verifying their status as an"I Operamr".Upon request by the Municipality,an original Letter of Good Standing from the W Safety and Insurance Board shat be provided prior to the commencement of work Indicating aft xWments by the Company to the board have been made. Prior to final payment,a Certificate of Clea am must be issued indicating all payments by the Company to the Board in conjunction with subject Contract have been made and that the Municipality will not be liable to the Board for futuo P payments in connection with the Company's fulfilment of the contrail Further Certificates of Cie rance or other types of certificates shall be provided upon request. For Independent 4 ontractors/Owners/Operators who do not have WSIB coverage,the following shall be provided: pon request by the Calling Agency: Single Indepen Contractors/Owners/Operators shall provide a letter from the Workplace Safety& Insurani 9 Board confirming independent operator status and identification number. To obtain this,contri ctors,must complete the form"Determining worker/Independent Operator status", issued by the Wo kplace Safety&Insurance Board. (For more information, please contact your local Workplace S slaty&Insurance Board Office and refer to this clause.) Single Indepenclee 4 Contractors I Owners I Operators must also provide a certificate from the Workplace Safety&Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality o f Clarington has the right ro 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 provkled to the municipality prior to commencement of the work. Further certified copies shall be provided upon r est. 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 agees to defend,fully indemnify and save harmless the Municipality from any and all charges,fines,penardes 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 Heath and Safety Act in relation to any violation of the Ad 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 Gear and comprehensive knowledge of the existing conditions. No claim for extra payment wilt be allowed for work or diffrc uties 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. j STANDARD TERMS AND CONDITIONS a 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Ad, Ordinances, Regulations, Orders-in-Council and By-laws,which could in any way pertain to the work outlined in the Contract 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 Ad and Regulations made thereunder, on a contractor, a Constrictor 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. UNPAIDACCOUNTS 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 dear 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 or 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,including the submission of proposals,shall become the property of the Municipality, and as such,is subject to the Municipal Freedom of Information and Protection of Privacy Act,and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, , commercial, proprietary, or similar confidential information,the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. 32. CRIMINAL BACKGRQUND 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 5 background including Criminal Code (Canada) convictions, pardoned sexual offences, records or con ' s under the Controlled Drugs and Substances Ad, Narcotics Control Ad and Food and Drugs and all outstanding warrants and charges for every Wdvidual who may come into direct con tr with youth or who are permitted entrance to private or restricted areas or residences. This II be done at no cost to the Municipality and any such requested document will ' be submitted to Municipality in its true form in advance of commencement of work. The Municipal iss identification card must be wom when individuals are at a site where there is direct contact ' youth or where access to any private or restricted area is anticipated. The Municipal idenlifi ' n card is valid for the term of the contract only or a one year tens,whichever ' comes first. Uncle,the terms of the contract,the Municipality has the sole and unfettered disctelion to prohibit an inch 'dual from coming into direct contact with youth or entering a private or restricted area on a regulai basis and to terminate the contrad if On bidder/partner fails to obtain or renew the Municipal ider Vficafion cards according to Municipal policy and procedure. The Municipality c I Clarington reserves the right to cancel andlor suspend the contract immediatety and unilaterally id without penalty to the Municipality should the service provider fall to provide ' the required documentation or otherwise adhere to this procedure. 'The Chief Administrative Officer has the final say in determining any final action' j i i f ■ .. i M r r r ''fir t t SCORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-31 SCHEDULE `C 0:0W 12\12-297011Specsln 1CGSche"(C).doc- r C t ',� � . SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDU E POLICY: Contractors and Sib-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety perfor nance will be a consideration in the awarding of contract. Under the Occupational Hea th and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ei sure that: • the meanu es and procedures prescribed by the Occupational Health and Safety Act and tho i Regulations are carried out on the r° °watt; • every empl Dyer and every worker performing work on the rp oiect complies with the Occup4 tional Health and Safety Act and the Regulations (under the Act); and • the health I ind safety of workers on the oroiect is protected. • Where so rescribed, a constructor shall, before commencing any work on a project, gi 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 onstruction project, whether public or private, including, ' the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, • the moving of a building or structure, and ;r any work or undertaking, or any lands or appurtenances used in connection with constructio n. 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 u dertaking in connection with a project. i z r SCHEDULE (C CONTRACTOR SAFETY ' POLICY AND PROCEDURE Continued... Constructor- means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. ' Project Manager-means the municipal management representative who has responsibility for a contract. ' PROCEDURE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate must determine ' whether any designated substancesthazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors ' and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substancesthazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s)will be required to complete and sign } ' the Health and Safety Practice Form (Schedule "N'). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health ' and Safety Act. 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 ii) Departmental health and safety policies' iii) Workplace procedures regarding health and safety practices. r3 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCED E Continued... r i) The contra or has the responsibility to provide any and all prescribed personal r protective i quipment for their own workers, to include as a minimum but not limited to h rd 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 rallowed on the site until the person(s)complies. j) The Munic' ality will retain the right to document contractors for all health and ' safety warr ings and/or to stop any contractors' work if any of the previously mentioned; ems are not in compliance. Similarly, the Municipality will have the right to isst a 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 contract rs using Contractor Health and Safety Waming/Stop Work Order Form (Schedule"B"). k) Where appi icable, the Municipality will retain the right to allow municipal ,r employees.to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. 1) 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 ma ager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Waming/Stop Work Orders. 1 r r r I 1 4 ' SCHEDULE (C) CONTRACTOR SAFETY , POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all , workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accidentfincident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. The New Experimental Experience Rating (NEER) -The WSIB experience rating system for non-construction rate groups ............................................................................................. • The Council Amended Draft#7 (CAD-7) Rating , -The WSIB experience rating system for construction rate groups ............................................................................................. • Injury frequency performance for the last two years -This may be available from the contractor's trade association ............................................................................................. • Has the contractor received any Ministry of Labour warnings or orders in the last two t years? (If the answer is yes, please include the infraction). • Confirmation of Independent Operator Status , -The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid ' submission.) i 5 SCHEDULE (C) CONTRACTOR SAFETY' POLICY AND PROCEDU E 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 speck policies and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contrailortsuccessful 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 Act. ' 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 safety and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-cornpliance with the Act at its expense immediately upon being notified by any per on 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 contractorttender. 5. No act or o ission by any representative of the Municipality shall be deemed to be an ass ption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; 6 , SCHEDULE (C) CONTRACTOR SAFETY , POLICY AND PROCEDURE Continued... , b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any , non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and , C) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality(or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contracthender. ..Q�� .�... T.Q u.�N�... .:...........:...,6�T SWN ............ 1 Contractor Name of Person Signing for Contractor 1 ......................... :.¢/...... °1............... Signature of ontra r Date , it t SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... i CONT CTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER tThe purpose of this form is to: (Issuer to check one of the following) Provide warning tc the contractor to immediately discontinue the unsafe work practice described below ' Direct the contractDr to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A ' BREACH OF CONTRACT. PART"A"- DETAILS OF CONTRACT CONTRACT/P.O. # DESCRIPTION: NAME OF FIRM: PART "B"- DETAILS OF NFRACTION (TO BE COMPLETED BY ISSUER) 8 SCHEDULE (C) CONTRACTOR SAFETY ' DATE &TIME OF INFRACTION: ' DESCRIPTION OF INFRACTION INCLUDING LOCATION: f 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. f i ! ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-31 ,'III q � I I i INSTRUCTIONS TO TENDERERS P:1Dept 12V 2-297014Spec511ncomplete112-29701-iT.doc - i i, INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2008-31 ' CLAUSE SUBJECT PAGE I ' 1. GENERAL......................................................................................................................................... 1 2. BLANK FORM OF TENDER.............................................................................................................2 3. TENDER DEPOSITS........................................................................................................................2 4. BONDS.............................................................................................................................................2 5. RIGHT TO ACCEPT OR REJECT TENDERS ..................................................................................3 6. UNACCEPTABLE TENDERS ...........................................................................................................3 7. ABILITY AND EXPERIENCE OF TENDERER.................................................................................. 3 ' 8. PROVINCIAL SALES TAX................................................................................................................ 3 9. GOODS AND SERVICES TAX (GST) .............................................................................................. 3 ' 10. EXECUTE CONTRACT DOCUMENTS ............................................................................................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 w I ' 16, DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR.... 5 q17. ADDENDA................................................... .................................................................................... 5 II 18. UTILITIES......................................................................................................................................... 5 19. PROVISIONAL ITEMS......................................................................................................................6 r 'u I 1 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 ' L1C 3A6 Tenders must be time-stamped at the above noted location to be considered. Late submissions will not be accepted and will be returned unopened without exception. The use of the mail or courier services for delivery of a Tender will be at the risk of the ' Bidder. The Tender must come into the possession of the above-mentioned representative of the Municipality before the deadline for submission or the Tender will be returned to the Bidder unopened. ' In the event that the Tender is hand delivered and is received past the deadline for submission, the Tender envelope will be time stamped and returned unopened to the deliverer immediately. In the event that the Tender is received by a means other than 'in person' and is received past the submission deadline, it will be time stamped and returned unopened by courier. Note: Since Tenders must be submitted in a sealed envelope, submissions by facsimile or electronic delivery, secured or otherwise, are not acceptable. The onus unequivocally remains with the Bidder to ensure that Tenders are delivered to the Municipal Clerk, Clerks Office, 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 a 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. I, 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 i ' 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. 1 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 t 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. i i 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. I ' 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. I , 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) I 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 'i affect the Contract unit prices. 9 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 5. ' 14. INQUIRIES DURING TENDERING 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 905-668-4021, ext 2310. 15. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Municipality of Clarington. I ' 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 I ' 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. CL2008-31 6. Ms. Cindy Ward Mr. Jim Hisson ' Roger Cable T.V. Ltd. Hydro One Tel: 905-436-4138 Tel: 1-905-623-1071 ' Ext. 3318 Mr. Peter Petriw Mr. Joel Walker , Veridian Connections Region of Durham (Traffic) Tel: 1-888-445-2881 Tel: 1-866-786-8116 Ext. 3252 Ext. 226 Orono Depot , Region of Durham (Water and Sewer) Tel: 905-983-5116 ' 19. PROVISIONAL ITEMS , After the Tender Closing the Items or Sections in the Itemized Bid noted as being "Provisional" may have quantities modified or may be deleted from the Contract at the ' sole discretion of the Owner without negotiating with the bidders regardless of the percentage of the Tender the individual or combined "Provisional Items" represent. No consideration for loss of overhead costs will be considered should these Items be deleted from the Contract. 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-31 !� t I � SPECIAL PROVISIONS - GENERAL P:\Dept 12112-29701\Spec \lncomplete\12-29701-SPG.doc - i 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 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 r i PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2008-31 j 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 ail 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 I ' identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. i The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. ' 3. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time '! Time shall be 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. 1 (2) Progress of the Work and Contract Time The charging of working days shall commence on (to be filled 'I 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 i 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. I � SPECIAL PROVISIONS -GENERAL ' CONTRACT NO. CL2008-31 2. 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): Except any day from inclusive, even though the Contractor may elect to carry out any approved work as called for under this Contract during this period. The Contract Administrator will furnish to the Contractor for his signature a weekly "Statement of Record of Working Days". The Contractor will be allowed two weeks in which to file a written protest setting forth in what respects the said weekly statement is incorrect, otherwise, the statement shall be deemed to have been accepted by the , Contractor as correct. (4) Liquidated Damages It is agreed by the parties to the contract that in case all the work called for under the contract is not completed within the number of working days as set forth in the special , provisions or as extended in accordance with Section GC3.06 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 3. 5. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, 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 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 2-112 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07.03(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04.03. 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 specked elsewhere, as appropriate. Acceptance by the company of the final holdback payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the Contract and still unsettled. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and , Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. 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 r on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2008-31 5. The Contractor shall note that compliance with the Ministry of Labour's separation by "Time and Space" of separate Contractors working in the same general area, shall apply and shall require coordination of utility activities of both parties by the Contractor. 10. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual). Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. I ' 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". I , L i. A Traffic Control Plan indicating all traffic signage layout and types in a neat legible y ' 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 II 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. i . 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 maintain the roadway surface within the Contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the Contract limits and within the Contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. It is the responsibility of the Contractor to visit the site to become 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 all detour signing outside the Contract limits. , 13. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 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. r The Contract Administrator's office shall have a minimum of 17 mZ 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 r 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 a built-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 !, f Contract Administrator so requires, for a period of up to two months after the completed work is accepted by the Authority. ! ' 15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ' The requirements of OPSS 180 shall apply to this Contract, revised as follows: .1 Section 180.03, Definitions, shall be amended by the addition of the following: r' 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. ri .2 Subsection 180.07.02, Conditions on Management as Disposable Fill, shall be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. 'i r SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL2008-31 8• 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 Identified on this Site Location Substance Acrylonitrile No Arsenic No Asbestos No , Benzene No Coke Oven No Emissions Ethylene Oxide No Isocynates No ' Lead No Mercury No Silica No Vinyl Chloride No It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated , Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H 1AB, 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. r 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 Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labeled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. I ' 18. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to ! the Contract Administrator. Such spills or discharges and their adverse effects shall be as r; defined in the Environmental Protection Act R.S.O. 1980. f ' All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to ry 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. F � I� SPECIAL PROVISIONS -GENERAL , CONTRACT NO. CL200 8-31 10. 19. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the , Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. 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 1 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". i 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. 1 t i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-31 II i SPECIAL PROVISIONS-TENDER ITEMS _ P.U)W 12112-29701%Sp8cocL200"1-SRTj. - I i PAGE ONE PECIAL PROVISIONS—TENDER ITEMS CONTRACT NO. CL2008-31 ORDER OF PRECEDEN E Where a Specification or tandard 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 dispo l of all material off site at a location arranged for by the Contractor. The estimated quantities under this Item are as follows: Under Iteml Al - Individual Pits 29 m' Tree Trenches _ 1 087 m' Totl Trench Excavation 1,1— 1 REMOVAL OF CONCRETE SIDEWALK— ITEM NO. A2 Payment shall be made under this Item at the unit price bid for the following work: rRemoval 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 resultingrom removals shall be disposed of off the site at a location arranged for by the Contractor. I CONCRETE IN SIDEWALK—ITEM NO. A3 Payment shall be made fdr 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 Oil excavation required for sidewalk. All excavated material shall be disposed of off-site, at a location arranged by the Contractor. I!I SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO. CL2008-31 2. 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 Drawing 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 will 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 200 x 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 existing interlocking concrete pavers in median. Installation of salvaged concrete pavers, tSPECIAL PROVISIONS +TENDER ITEMS CONTRACT NO.CL2001-31 3. Ili I I A4 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 area different style and are not suitable for re-use on this Contract All pavers will be installer{ in accordance with manufacturer's recommendations. All work specified for this jitem shall be performed by a specialist paving stone/landscaping firm using workers experience d in interlocking concrete paver installations. Measurement for payme t 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 om 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. I 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 de sity to the following depths: I ' • 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 ENTI�ANCES—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 alsphalt shall be applied: • Private entrances, 59 mm HL-3 1 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. j 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 571). Clarington is considered to be in the 'Southern Ontario' area and the winter dormant 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. r SPECIAL PROVISIONS TENDER ITEMS CONTRACT NO. CL200I�131 5. MEDIAN PLANTER RETAINING WALLS—ITEMS NO. A11 AND C2 The proposed planter re imng walls shall be Roman Pisa (colour—Nevada), as manufactured by Unilock, with Standar Tapered, Comer& 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 de its (see L5), including disposal of all surplus excavated materials off site at a location rranged for by the Contractor. If after excavating to the elevation shown on the dra ngs, the material encountered should prove unacceptable to the Engineer as a fou ation, the contractor shall perform additional excavation as directed by the Engineer. j b) Supply, placemen t and compaction of Granular OK base (600 x 200 mm) as directed by Engineer to not I s than 98% Standard Proctor Maximum Dry Density. The Granular 'A' base is to be p aced on undisturbed native soiU 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 comer and 600 m 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 iiust 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 to ensure m imum connection between geogrid and wall facing. • The Geogrid 's to be placed on a flat level surface and pulled tight prior to placing backfill on tol i of the geogrid. d) Supply and placement of the precast concrete stone units, as shown on the drawings and as directed b the Engineer with Unilock concrete adhesive or approved equivalent being used for securely fastening the top three (3) courses on the wall. INSTALLATION F PRECAST UNITS: ' • The precast stone units shall be installed as per the manufacturer's recommendat ons. • The bottom cc iurse of units are to be leveled to meet the tolerances specked 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 of chipped units are to be installed. Any damaged units are to be removed if rec luested by the Engineer. • The Joints beeen adjacent units should align with the middle of the unit above and below to crea e a running bond. • The Contract r shall check the level of the wall with each lift to ensure that no gaps are formed be successive lifts. Care shall be taken to ensure that the precast concrete sto-6 units and geotextile are not broken or damaged during handling and placement. Tie units shall be installed as shown on the drawings. i 1 '� SPECIAL PROVISIONS—TENDER ITEMS , CONTRACT NO. CL2008-31 8, i CONSTRUCTION TOLERANCES • Vertical Control: t 30 mm maximum over a 3 metre distance; 75 mm maximum. • Horizontal Control:-Straight Lines: t 30 mm over a 3 metre distance; 75 mm , maximum. • Rotation: t 2.00 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 shall 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 standard fittings for bends, caps and intersections shall be used. The unit price shall include labour, equipment and materials to connect the free ends to the roadway sub-drains, catchbasin i leads or catchbasins at stations 0+805, 1+212 and 1+580 as shown on Detail 8, Drawing L5 or as directed by the engineer. f) Supply and placement of geotextile filter(Terrafix 270R) against retained soil. Geotextile i filter cloth shall be placed from the lowest point upward. g) Supply and placement of 1 Y2" rigid polystyrene insulation along the perimeter of the inside face of the retaining wall as shown on the contract drawings. SUPPLY AND INSTALLATION OF PLANT MATERIAL— ITEMS NO. Al2—A15, C3—C5 AND E1 Payment shall be made under this Item for the supply and installation of plants in locations throughout the project limits as indicated on the Tree Planting Detail of the Contract Drawings (see L5 and L1 of 1) and as directed by the Contract Administrator. Final 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 shall be of no additional cost to the Owner. Excavation for the boulevard trenches shall be paid under Item Al. Excavation for median i 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 trees 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. CL2004-31 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 racks 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 spa ied plants will not be accepted unless approved in writing by the Contract Administrator. Tie 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 unt I they have been inspected and approved by the Contract Administrator. All debris, clay lumps, rooks and stones over 50 mm in diameter and other extraneous matter shall be removed from exdavated 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 pro act 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 i ufficient quantities to moisten the entire root system. All materials and workmar ship shall be guaranteed for a period of two (2) years following project completion. All pie nts that are dead, or not in a healthy, satisfactory growing condition, or which in any way do no 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 o replacement plant material shall be extended for a period equal to the original warranty perio J. Final inspection of all plan ings shall be made at the end of the specified warranty period. Stakes and all staking mai erial shall be removed at the end of the warranty period. The Contract Administrator or ner reserves the right to extend Contractor's warranty responsibilities for an add' Tonal year if, at end of initial warranty period, plant condition is not sufficient to ensure future iealth. TRIPLE MIX—ITEM NO. �16 The boulevard trenches and median planters shall be supplied with commercially prepared Triple Mix placed in 150mrh 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, and free of stones and roots over 50 mm in diameter and other extraneous matter. I MULCH IN BOULEVARD 'r 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. I I SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO. CL2008-31 8• BONDS, INSURANCE AND MAINTENANCE SECURITY-ITEMS NO. A18, B14, 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. i MOBILIZATION AND DEMOBILIZATION —ITEMS NO. A19, B15, C7, D12 AND E3 , The unit price for this Item shall be compensation for the following: .1 Security protection of the Contractor's office, plant and sorted materials during the course of the Contract. .2 Moving onto the site and setting up the Contractor's office, storage facilities, plant, etc. .3 Providing all necessary access to the project including haul roads as required and the restoration of the surfaces 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 sum 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, B18, 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 all 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 — 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 Plan and the Traffic Protection Plan no later than two weeks prior to the commencement of construction activities and material deliveries. SPECIAL PROVISIONS TENDER ITEMS CONTRACT NO. CL200� 1 9. li .3 Co-ordinate and co municate with abutting property owners to minimize impacts on use of and access to th se properties. Basis of Payment: ' .1 The lump sum priceII bid for this item shall include all labour, equipment and materials to do the work as specified. .2 Progress payments will be made on a pro-rated basis as work progresses. ELECTRICAL HANDHOl ES - ITEMS NO. B1 AND D1 Amendment to OPSS 6d2, March 1993 602.05 MA�ERIALS 602.05.03 Prefabrication of Electrical Chambers Subsection 602.05.03 of OPSS 602 is amended by the addition of the following paragraph. Other prefabricated 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 602.07.02.01 of 9PSS 602 is amended in that the first paragraph is deleted and replaced with the following: ' The handholes shall be st-in-place concrete handholes, precast concrete handholes, or prefabricated handholes ade of semi-concrete or non-concrete materials. Prefabricated Handhole The prefabricated unit sh ll be installed plumb, true to alignment and grade, and firmly bedded on the drainage pocket b4ckfill. During installation, the d entry holes shall be oriented in the required direction. The enlarging of duct entry holes is prohibited. 602.07.02.03 Frres and Covers Clause 602.07.02.03 of PSS 602 is amended in that the clause number at the end of the sentence of the first pama raph is changed from 602.07.01.02 to 602.07.01.09. I 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 provided for the sides of the handhole. A weight of 2,000 kg shall be placed on top of the handhole for ten minutes. At the end 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 in 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 that they meet the contract requirements. In particular, and without limiting the foregoing, the Contractor shall inspect all electrical chambers to ensure that: they are properly seated 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 conformance with the requirements of OPSS 904. ------------00000------------- fSPECIAL PROVISIONS TENDER ITEMS CONTRACT NO. CL2001ii-31 11. it 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 i Practice for Minimum Structural Design Loading for Underground Precast C ncrete Utility Structures ASTM F593 - Stainless S Ieel 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 CAN/CSA-G40.20-04/G49.21-04—General Requirements for Rolled or Welded Structural Quality Steel/Structural Quality Steel CAN/CSA-G164-M92 (R*03)—Hot Dip Galvanizing of Irregularly Shaped Articles 1 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 handhole over shall be galvanized steel according to CAN/CSA-G40.20/G40.21 and CAN/CSA-G164M921(112003). The top side of each handhole cover shall have a checkered tread. As a minimum, the thickness of each handhole 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 AST M F593. 4.0 PRODUCTION 4.01 Marking Each handhole shall have identification markings embedded on the outside vertical surface of the handhole, showing the monufacturees name or trade mark, and the date of manufacture. The top 1 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 a corrosion-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 02 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 to included restoration of any surface disturbed as a result of the dud installation, unless directed otherwise by the Contract Administrator. Amendment to OPSS 603, March 1993 603.02 REFERENCES i Section 603.02 of OPSS 603 is amended by the addition of the following: United Laboratories UL 651 B— 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 CONTRACT NO. CL200 -31 13. III Table 1 is deleted and re laced with the following: TABLE 1 •DUCTS AND FITTINGS Duct&Fitting Di ml Concrete Subsurface Embedded Surface Description Type Bu led Encased Installation Work Mounted Standard In In Liner Ground Polyethylene Flexible CSA B137.1 Series 75 Electrical Non- Flexible X X X X CSA C22.2 No. metallic Tubing 227.1 High Density Flexible X UL 6510;ASTM Polyethylene F2160;Schad 40 (HDPE)` and NEMA TC 7- 2005 for type EPEC PVC Rigid X X X X X CSA C22.2 No. 211.2 Polymeric PVC Rigid X X X CSA C222 No. type type DB2 type 211.1 EB1/DB2 EB1/DB2 RE Rigid X X X X X CSA C22.2 No. heavy thin,std., heavy Std., thin,std., Std.,heavy 2113 ' w III heavy wall wall heavy heavy wall wall wall Galvanized Steel Rigid X X X CSA C22.2 No.45 'HDPE duct may be used fors b-surface installation for ELV cables where ducts are 50 mm diameter or smaller. Where flexible ducts are indica,ed,the Contractor shall have the option of using rigid ducts of the same inside diameter. 603.07 CONSTRUCTION 603.07.09 Quality Control iPre-installation Testing and Inspection The contractor shall inspect all ducts to ensure that they meet the requirements of the contract. The contractor shall ensure that all ducts are stamped with the appropriate CSA Standard number and strength and'type (where applicable) as required in Section 603.05. During installation, the contractor shall ensure that all duds are properly bedded, have sufficient depth of cover and are coupled or connected to electrical chambers, poles or other devices in conformance with the requirements of the contract. Proof of Performance T�sting and Inspection The Contractor shall inspect and test all ducts to ensure that they meet the contract requirements. In particula , and without limiting the foregoing, the Contractor shall test all ducts to ensure that they are fr a of debris, water, breakage or distortion. i i SPECIAL PROVISIONS—TENDER ITEMS , CONTRACT NO. CL2008-31 14. LOW VOLTAGE CABLES IN DUCTS -ITEMS NO. B4 AND D4 LOW VOLTAGE CABLES AERIAL ON MESSENGER -ITEM NO. B5 MESSENGER CABLES -ITEM NO. B6 Amendment to OPSS 604 dated November 2004 604.07 CONSTRUCTION S 604.07.07 Quality Control , 604.07.07.01 General Sub-section 604.07.07.01 is amended by the addition the following: Pre-installation Testing and Inspection The Contractor shall inspect the cables, splicing and connection components prior to installation to ensure that they meet the requirements of the contract. Proof of Performance Testing and Inspection The Contractor shall ensure that all cables are installed, tested and spliced as indicated in the Contract Documents and that all cables are energized and in working order. GROUND WIRES - ITEMS NO. B7 AND D5 GROUND ELECTRODES -ITEMS NO. B8 AND D6 All work shall be carried out in accordance with OPSS 609 1 Ground wire supplied by others will be available for pick-up at the Municipality of Clarington's Hampton Depot. Amendment to OPSS 609 dated November 2001 609.02 REFERENCES , Sub-section 609.02 is amended by the addition of the following: , IEEE 837 Standard for Qualifying Permanent Connections Used in Substation Grounding UL 467 Grounding and Bonding Equipment 609.05.05 Ground Connectors ' Sub-section 609.05.05 is amended by the addition of the following: SPECIAL PROVISIONS TENDER ITEMS CONTRACT NO. CL2001-31 15. II�I High pressure irreversible compression connectors shall be: - made of pure wrought copper extrusion - made of the same material as the conductors ' - according to C A 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. 609.07.03.05 Ground 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 elrical-electronic equipment, power supply locations, and all locations where the ground connectors are direct buried or inaccessible. 609.07 CONSTRUCTION Section 609.07 is amend d by the addition of the following: ' 609.07.10 Quality Control Pre-installation Testing and Inspection The Contractor shall inspect the grounding cables, bonding jumpers, ground electrodes and 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's and without limiting the foregoing, the Contractor shall inspect the work to ensure that all lectrical connections and splices have been properly installed in accordance with the requirements of the contract. The Contractor shall test all system and components grounding. rhe Contractor shall test the resistance to ground between the equipment enclosures anJ the grounding grid. In soils of low conductivity, additional ground rods, ground plates and g ound wires shall be added as required. Readings shall not exceed 25 ohms. These measureme is shall be undertaken when frost penetration does not exceed 150 mm. Copies of all docume itation shall be included in the Service Manual. I SPECIAL PROVISIONS—TENDER ITEMS , CONTRACT NO. CL2008-31 16. REMOVAL OF ELECTRICAL EQUIPMENT—ITEMS NO. B9 AND D7 Amendment to OPSS 610 dated November 2006 GENERAL 610.07.09.03 Shipping of Salvaged Electrical Equipment and Materials The second paragraph of clause 610.07.09.03 of OPSS 610 is deleted and replaced with the following: , The following equipment shall be removed, salvaged and delivered to the Municipality of Clarington Hampton Operations Yard, 2320 Taunton Road, contact Susan D. Arends-tel. no. , (905) 263-2291. 344. Item B9: The following equipment shall be salvaged and returned to the Hampton works yard: "(3) Decorative steel base mounted lighting pole (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 bracket arm. Section 610.07 of OPSS 610 is amended by the addition of the following subsection: 610.07.12 Quality Control Pre-installation Testing and Inspection t 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 shall inspect the work to ensure that all electrical removals have been carried , out and that all components requiring disposal at approved sites have been done such that no such materials remain on the Owner's lands. The removals shall be done in accordance with the requirements of the contract, and all applicable laws. 610.10.01 Payment Subsection 610.10.01 is amended by the addition of the following: r "Compensation for costs.associated with the removal, salvage and storage requirements of rSPECIAL PROVISIONS}TENDER ITEMS CONTRACT NO. CL200>341 17. r 610.07.05 shall be deem d to be included in the contract prices for those items requiring the work. Paymeinit shall ge 10. use eisewheFe in the GentFast 4. (1) DeGOFatiVS r {1}Oesecat+ye lava► aGkat a;(Senttence deleted as per Addendum No. 3) SUPPLY CONTROL CABINET ASSEMBLY—ITEMS NO. B10 AND D8 This Special Provision replaces OPSS 614 dated September 1984 in its entirety. CONSTRUCTION SPECIFICATION FOR THE INSTALLATION OF POWER SUPPLY EQUIPMENT r TABLE OF CONTENTS ' 614.01 SCOPE 614.02 REFERENCES r614.03 DE INITIONS - Not Used 614.04 SUBMISSION AND DESIGN REQUIREMENTS 'r 614.05 MATERIALS 614.06 EQUIPMENT -Not Used 614.07 CONSTRUCTION 614.08 QU LITY ASSURANCE - Not Used 614.09 ME SUREMENT FOR PAYMENT 614.10 BASIS OF PAYMENT r614.01 SCOPE This specification covers t e requirements for the installation of Distribution Assembly, and Supply Control Cabinet Assembly. The requirements of OPS 601 shall apply to this work. 614.02 REFERENCES This specification refers to the following standards, specifications or publications: I SPECIAL PROVISIONS—TENDER ITEMS ' CONTRACT NO. CL200831 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 'hookup', 'transformation', etc. , b. Utility company contact person's name, address and telephone 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 shall supply and install equipment for the power supply on the ' service pole in accordance with the Power Supply 'A' Installation 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 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. 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 Contractor will supply and install. , SPECIAL PROVISIONS TENDER ITEMS CONTRACT NO. CL2001-31 19. I ' additional circuit breakers for new lighting circuits as follows: 2 30 Amp single pol breakers for the illumination circuits. 1 30 Amp single pol 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 sembly 'C' shall be a load centre - Square 'D' Model CQ018M100RB or approved equal complete with top and bottom entry hubs and lockable hasp. I ' The Contractor shall supply y circuit breakers at the supply location as follows: ' 1 2 pole-common ip circuit breaker(100 Amp.). This shall be the main circuit breaker. 3 30 Amp single poll breakers for the illumination circuits. ' 5 30 Amp single poll breaker as a spare. 614.05.03 Photoelectric Controllers ' Photoelectric controllers shall meet the requirements of OPSS 2485. 614.05.04 Call)les and Cable Connectors Cables and cable connedtors shall meet the requirements of section 604.05 of OPSS 604. I ' 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 fitl ings shall be installed on wood poles using PVC coated pip straps with galvanized lag screws at .5 m maximum centres. Installation on metal or concrete poles shall be done using stainless stee 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 Offlce: 1-(888)871-3514 It will also be the Contractor's responsibility to obtain an "Inspection Clearance" from the Electrical Safety Association Inspection Department. The "Inspection Clearance" must be , obtained at least 48 hours in advance of the power turn on to ensure that the appropriate Supply Authority will receive it prior to turn on. 614.07.03 Cable and Fuse Cables, terminations and connections shall be installed in accordance with the requirements of ' OPSS 604. Service cables, from the point of service connection to the main disconnecting means shall meet the requirements of the Code. High voltage fuses shall be approved by the Supply Authority prior to installation. , 614.07.04 Grounding All pad mounted equipment shall be grounded by means of ground wire jumpers connected ' between the equipment ground bus and the exterior ground grind. Lighting arrestors shall have the ground cable connected securely to the equipment ground bus. The neutral bus of the main disconnecting means or the secondary neutral terminal of the transformer shall be grounded. In supply control cabinet assemblies, the system ground wire and the service ground wire shall be , connected to the neutral bus. All grounding work shall be carried out in accordance with the requirements of OPSS 609. ' SPECIAL PROVISIONS TENDER ITEMS CONTRACT NO. CL200 -31 21. ' 614.07.06 Photoelectric Controllers Photoelectric controllers s iall be installed on poles with twist lock mounting adapters and brackets. Brackets shall t a 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 Qu#lity Control Pre-installation Testing add 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 Grounding Connections Panelboards Insulation Grounding and Bonding Materials Contactors Transformers Enclosures Materials Thermostats ' Wires and Connectors Cabinet Materials Exhaust Fans Labeling Doors and Latching Mechanisms Barriers/Raceways Switches Conduits and Tubings Photoelectric Controllers ' Breakers Any other components Proof of Performance Toing and Inspection 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 I�s 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. -------------oo0o0 ---- 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 details to show enclosure, structural details, equipment layout and mounting arrangement, anchor bo@ locations and overall weight; ' (b) detailed bill of materials; (c) wiring diagrams; (d) details of equipment nameplates and notices. , The Contractor shall submit shop drawings to the Contract Administrator. 2414.05 MATERIALS 2414.05.03 Thermoset Insulated Wires and Cables ' Subsection 2414.05.03 of OPSS 2414 is deleted and replaced with the following: All interconnecting wires and cables shall be copper of insulation type RWU90 and shall t 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 "#210 AWG" to "#3/0 AWG". , ----------------00000--___------- AMENDMENT TO OPSS 2480, FEBRUARY 1996 ' Section 2480.04 of OPSS 2480 is deleted and replace with the following: ' i ' SPECIAL PROVISIONS TENDER ITEMS CONTRACT NO. CL200 -31 23. 2480.04 SUBMISSION AND DESIGN REQUIREMENTS 2480.04.01 De#ign ' The supply control cabin assembly shall conform to the details shown in the Contract Documents. The complet assembly shall be "Service Entrance Ready". The complete assembly shall pass Elec rical Safety Authority (ESA) equipment inspection, and shall be issued ' with an ESA label of appr 3val. These approvals shall be obtained before the unit is shipped. 2480.04.02 Shp Drawings rThe shop drawings shall contain, at a minimum, the following information: ' (a) detailed dimensio ed layout shop drawings including sections and details to show enclosure, equip ent layout and mounting arrangement and exact weight; (b) detailed bill of materials; (c) wiring diagrams; (d) details of equipmerit 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; the barrier for the photoelectric controller cables must completely separate the cables ' from the service section. 2480.05.08 Parielboard ' 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 Making Subsection 2480.07.02 ofiiOPSS 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 manufaCtL re. The marking shall be on a corrosion-resistant metal plate permanently attached with adhesive to the inside of the door, and be located in a highly visible location. ' The manufacturer must pt�t the label "SERVICE ENTRANCE READY" on the dead front panel." Sections 2480.08 and 240.09 of OPSS 2480 are deleted in their entirety. I I 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 standard, 18 ft. 'Canterbury' direct , buried as manufactured by Stresscrete, Catalogue Number KYC18-G-E11 c/w 140-15/30, BA, FPH and 4" 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 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 shall 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 shall "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 III Distribution. For 120 Volt operation per OPSS 2432, Photometric file No. King (flat 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. CL2004i-31 25. 1 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 ol Clarington standard and Drawing 206A4505 by King Luminaire. Decorative Pedestrian S ale Luminaires ' Each decorative luminaire shall be a 70 Watt High Pressure Sodium complete with 70 Watt Auto-transformer or isolat d secondary transformer type integral ballast for grounded systems, ' Type III Distribution. For 1 0 Volt operation per OPSS 2432, Photometric file No. King (flat glass) CB047P.ies or ap oved equal. King a Aurora Jr. » Luminaire Catalogue Number. K729-RFL-III-70(MOG)-H S-120-KPL10-PBC-BK. The luminaire shall be complete with 70 Watt ' high pressure sodium lam ANSI designation S62-70. Each luminaire shall be equipped with individual photoelectric co troller and receptacle. ' Each decorative Pedestrian Scale luminaire shall be equipped with a decorative aluminum arm KA51-S "Marina Arm (11111913)" by King Luminaires as per Drawings No. 206A4970-2 or 206A4301-3. Colour char oal grey as per Municipality of Clarington standard. ' Cobrahead Luminaires Each luminaire shall be 4 0 Watt High Pressure Sodium complete with 250 Watt Auto- ' transformer or isolated se ndary transformer type integral ballast for grounded systems, Type II Distribution-Medium Cut off. For 120 Volt operation per OPSS 2432, Photometric file No. Cooper OVF (flat glass) 7 6641.ies or approved equal. Cooper Catalogue Number. OVF15SW22D, The lumin 3ire shall be complete with 250 Watt high pressure sodium lamp ANSI designation S50VA-250. E ach 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 reg rding luminaires or poles, please contact: Mr. Vern Hamlton, Illumination Design Group,�Tel: 905-473-6204. 617.05.03 Lov Voltage Cables Subsection 617.05.03 of CPSS 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 6f I 7 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 requi ed by the Contract, and to ensure that all material supplied by the SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO. CL2008-31 26• Contractor satisfies the speck 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 supplier(s). 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 ANSUIES photometric classification and distribution type, the suitable supply voltage and frequency, the lamp type, the lamp wattage and the nominal operating voltage of ' the lamp so that it is clearly visible during maintenance operations. A label including a wiring diagram shall be attached to each ballast showing the ballast ' schematic wiring diagram and shall be visible during maintenance operations. For asymmetrical luminaires with adjustable optical systems, an externally embossed , identification mark shall be located in line with the horizontal axis of the lamp. CONCRETE FOOTING FOR LIGHTING POLES— ITEM NO. B15 , Amendment to OPSS 616 dated November 2001 616.05 MATERIALS Sub-section 616.05.06 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 CONSTRUCTION 616.07.01 Concrete Footings in Earth ' 616.07.01.06 Concrete Clause 616.07.01.06 of OPSS 616 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 inspect the anchorage assemblies, studs or bolts and connection components prior to installation.to ensure that they meet,the requirements.of the contract. ' SPECIAL PROVISIONS TENDER ITEMS CONTRACT NO. CL2001-31 Y7, ' Proof of Performance Testing and Inspection The Contractor shall inspect the work to ensure that it complies with the requirements of the ' 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, includii ig anchorage assemblies, are properly oriented and in working order. I I' I I' III I, I I I I. t i 1 1 1 t , t � t CORPORATION OF THE MUNICIPALITY OF CLARINGTON tCONTRACT NO. CL2008-31 ' t t DESIGN GUIDELINES SECTION 900 INSPECTION/CONSTRUCTION t ' SECHoNgm INSPECTION MATERLlLS.lND CONSTRUCTION-36 i 1.0 GEIVERAi, 1.01 These guidelines are to be used in Subdivision �Jtu>ctioa with the conditions set oM in the - "—D of O Sc tedule OV—Regulations for wnds Eogbtea sod i.02 The Owner's Comvhi,lg Engimotr shall i all Works, Proms 1i0° sltptzvision of 1.03 The Consulting Engineer shall take extensive log l ands,and shall provide dated/descnw copies of photos the M umcipriity. 1-04 Construction sites are to be maintained to Prevent uroeoessaty Pending of water. t-05 Prior to requesting the inspections (or re-inspectious) fium the Municipality, the Consulting est. shall verify the Proper completion of the Works, and submit a written inquest. 1.01 All equipment, materials and methods involved in herein back611, filling, grandars, concrete and asphak shall be monitored and Certified as acceptable by the owner's Geotechnical Engineer(see attached form). Udess muted otherwise, the tern"compacter ' shall mean 95%Standard Proctor or higher(native materials)and 98%Standard Proctor or higher(granular materials). Such certification shall be in a form acceptable to the Director and shall include all supporting documentation and test results. Mix designs for concret e and asphalt shall be otNaimed and approved by the Gootechnical Engineer. The Geotechnical Engineer shall ensure that the type,freyuen y, location and results of an tests is sufficient to ensure certification. Furdmmre,the Geeteclurical Engineer shall ensure all results for a given stage of construction are acceptable Prior to commencing the meal stage i 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. N 2-OZ Installation of storm sewers shall be continually monitored for adherence to proper �'.. bedding, pipe laying, backfilling and compaction procedures. All storm sewers, catchbasins and manholes shall be constructed true to line and grade. Street catchbasins i' are to be installed in precise alignment with curb lines, and no tolerances will be permitted. Rear yard catchbasinas 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 madbuilding. i 'I I , INSPECTION,MATERIALT AND CONSTRUCTION-37 � M 2.03 Trtmch widths shall be kept at a minimmat, while mechanical t�chon. All benching must adhere topes P� wre a enft. ' Afmistry of Labour rogttiaemlats. 2.04 Manholes are to be bact611ed with compacted sired, , outside face of the slnacttre. �8 n� lA an ium the (Gtl'bbasios mia 300rnm Eva the face of the sht,dtae). 2.05 House connections shall amend 1.5 m into the lots and be plugged with approved removabk plugs nodding shall be as per approved standard drawing Tea slratl be pre- manuf chi ed for pipes 450mm diameter ad smaller,cued(on site)if 525m diameter or larger,and shall be secure and watertight. The invat of all tees shall be located above the spr'[19"ne of the sewer main and shall be a minimm of 600mm from the nearest adjacent tee or joint,unless approved Whawise. 2.06 Concrete pipes idolout of manholes shall be concrete aadled precisely to the first joint. 2.07 All storm sewers,including street and rear yard catchbasin leads(and individual service lateals where duocted� shall be inspected asiog approved high quality video recording equipment and procedures. The inspection shall be carried out in a manner acceptable to the Municipality and all video tapes shall be submitted to the Municipality for renew and permanent storage- video re-inspections may also be requested. 2.08 Infiltration shall sot be permitted into the slam sewer system. All leaks shall be , investigated to determine their source and stall 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 be 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 BACKFO LING GRADING AND GRANULAR 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 backfiil shall not exceed 1 A m 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 pre-authorized by the Geotechnical Engineer)_ Each lift shall be compacted until it has achieved the specified density before any additional lifts are placed 3.02 Back-filling operations shall follow pipe installation as closely as possible and be limited to 75 metres of open trench maximum. , ' INSPECTTON,MATERMLSAND CONSTR - UCTION 38 3.03 The Geotedtoical Fagineu shall dowmau all tests, including failum aid tom. in SNUCiW orilery DIY 111111MIAM the project. A copy of all test mitts due be kept at 6c she hula.in addition to Ptoviding daily plotting of all test nsnits on&e plat and prollile dnwiW 3.04 The Caoatkiog F.agiiea shall mom Ihat the subgrade is fuse graded to the"acct width, and dud the minimum 3% aossfall is consistently maintained, with no longitudinal rats pe antted The GeotetdtOical Fagiioa shall employ appropriate testmg measures b assess die suitability of due subgrade,irmliding proof-rolling,aid shall make VProPn*c reoomma datiois b the Cmwlliog EWN= and Municipality. Whatever possible, localized soft seas is the sabgrsde shall be PWWced material.not granular material. When additional with suitable native gramdars natal be used, they sltoaW be considered on a shed by stied basis. Sabdrams must then be lowered acco diibly, and 10.1 fiat tapers must be provided. 3.05 Subdtains shall be installed only after the subgrade has been proof-rolled and die road ' structure has been finalized. Subdrains shall be installed true to line and grade, im a treirch condition, and shall be baciSlled with approved granular material having aggregates not exceeding l9mm. All subdwins shall be supplied with a filter sock 3.06 The Geotechaical Engineer shall confirm (m a torn acceptable to the Municipality) the acceptability of each stage of roadbuilding prior to subsequent stages commencing. Subsequent stages of road construction shall not proceed without approval from 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 fiom 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 entrain ment, etc.) shall be carried out by the Gcotechnieal 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 INSPECTION,MATERIALS AND CONSTRUC7ION--39 , f smaller aac ks between welra hm jtmb a dabs will require mnoval and rowemettl of that section of curb. Sidenalb with diStind cracks will also require replace , 4.03 Caring couPmed shall be of ambient t g�+arsly��tO� ooutxete smfaoes,regardless empeatum or season,between l and 2 hoots of finishing. 4-04 All curbs to be placed ring approved cmb curb machine placement shall be °trimmed and Excess concrete (armed�g minimum PPUY trinuued and removed prior b setting The length of curb to be removed and replaced shall be 1.5 m. No concrete patch repairs shall be permitted. 4.05 Prior to plat of top curb, base curb shall be clemed and then ' Municipal staff Base curb and stumps shall be repaired amdlor replaced as dirocteded by 4.06 The depth of top curb at the edge of pavement shall mot be less than 100mm and shall be continually verified by We Consulting Engineer. 4.07 Immediately prior to the placement of top curb or sidewalk,the existing surface shall be dampened with water to prevent leaching of moist,"lium the frrsh concrde. 4.08 Driveways to be as per approved house siting Plans,with minimum widths of 4.6m for single detached homes. 5.0 ASPHALT PAVEMENT 5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in accordance with OPSS 310, 1003 and 1150 (latest revisions Arereo . MarshalUextrxtiowdensity tests shall be carried out by the Geotechnical Engineer in accordance with OPSS and relating to the approved mix design. Note- Provincial and Municipal projects differ with respect to contract administratio n' . sues, Quality ty Assurance procedures and testing fiecuenciP easvin Ag s muotseveral ' 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(he basic standards with no exceptions for `borderline' test results Permitted. Any reference to `borderlme' or to taking `immediate corrective action' based on notification of laboratory test results shall be deleted and the product deemed unacceptable le. OPSS D310.08.04.02 which permits air voids beyond acceptable limits, provided the contractor takes '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 all parties are in agreement ' PUPEC 70Nr MATERUrs AND CONSTRUCTION—I0 5-02 Prior to Pis*surface aV611, base UPW shall be swept clew of all dirl,debris and wing dust. Areas of base asphalt shall be removed and replaced sawcut at all paimetem The use of a Geo-Qid or � �' a vertical MaY also be directed hi the municipality. Low seas shall be pad 10 a urn �� o uniform thidtarxs. 5.03 Each manhole is to be procisdy raised to final grade. and verified by the Developer s Consulting Engineer and Municipal staff. ' 5.04 Tack coat shall be applied just Prior to surface paving operations and shall be allowed b dry until it h i a ediaJl prBper cortdilioa of tadoioar.The�gth of roadway prepared shall be limited Ate to the irrwediate paving section, to reduce tom. It shall be evenly applied at surfaces. 0.4 litreslsq. m taking awe not to spray curbs,sidewalks or any other adjacent 5.05 Driveway paving shall be fully inspected and verified !, the compaction thereof, and ensuring for depths of stone and asphalt,and placement III3A gt at a sufficient taupaatme for (W 3F) will not be petmitkd. except in special cases with the approval of the Director. Cro Materials t wring of 1°On�g of the limestone will not be permitted. �rng may be required for driveway apron gavel and asphalt,as directed. 6.0 TOPSpUi SODDING AND SEEDING 6.01 All areas requiring sod shall just be fine then prepared with 100nun of good &�' hated by the Consulting Engineer, requirements of OPSS 570 and 571 quality a dition for an��s��l meet the set out in these specifications Boulevards etoward the curb and dull be full shall have 2'/. positive drainage toward the Y sodded,except in areas covered by driveway aprons or sidewalk. 6.02 All topsoil shall be free from native till or clay,roots, vegetation weeds or debris,stones and clods over 5%m in diameter. Imported screened material opsoil, if required shall be feriik, loamy, al of a quality acceptable to the Director(containing approximately 4% P ' organic matter for clay barns and 2% minim nic acidity range of 6.0 PH). To mu orga matter for sandy looms with acceptable. psoil infested by the seeds of noxious weeds will not be a6.03 All sod shall meet the requirements of Ontario Sod Grower's Association No. 1 Bluegrass Fescue Nursery sod. The sod shall be taken from good loamy soil and shall be healthy, well Permeated with roots, have uniform texture and 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 be taken to ensure I � I � INSPECTION, MATERULSAND CONSTRUC7ION-41 dminage t is utaitt� sod shalt be and a smooth transition is achieved On slopes 3:I sod steeper, , 6.04 Laid sod don be commeuoe y rolled to prodaoe an even surface and are me wafter and shall WOUM oo a reOw basis mots removed and s P�aotak If sod fads so aaia" immediately, it " be attempt shall be made to try b rem WeWdead sod entire through M unless 6c permission a gated by the Director. The be dow'n professional im gblY w'alumanUe a Om with m even srface,and Any sod deemed unfit by the Director shall be immediatel ' removed from site and replaced. In this regard, it is le the best interest of&c wMacta to communicate with residents regatdiug the needs of newly laid sod ova due first year 6.05 Where approved by the Mwicipalih,hydraulic soedimg and mulching mray be perforrrred provided dust it comfoums b the Ontario Provincial Standard Speci6cabon M.572. ■ CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-31 I STANDARD DRAWINGS PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2008-31 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 1 2001.020 Electrical Legend II 2001.030 Electrical Legend III 2001.080 Electrical Legend VIII 2001.090 Electrical Legend IX 2101.01 Duct Installation in trenches 2103.02 Duct Installation Profiles 2103.05 Duct Installation at Utility Crossings 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 for Base Mounted Lighting and Signal Poles 2210.020 Installation of Direct Buried Poles in Slopes 2220.01 Pole Handhole Locations 2235.01 Pole Guying Details 2245.01 Installation of Aerial Cable Systems 2250.01 Aluminum Tapered Elliptical Brackets on Metal and Concrete 1 Poles, Mounting Details 2255.010 Pole Wiring Diagram 120V System I ' 2255.020 Pole Wiring Diagram 120/240V System 2420.01 1.8m or 2.4m Aluminum Tapered Elliptical Bracket 2421.010 Lamp Wattage Label for Luminaire MTOD 2117.02 Electrical Handholes General Installation Requirements 2245.020 Minimum Vertical Clearances for Aerial Cable Systems 2250.020 Truss Brackets Mounting Details King Luminaire Shop Drawings: 206A4970-2 Pedestrian Scale Light (Aurora) Mounted on New Pedestrian Pole 206A4505-3 Decorative Median Lights ' DIRII:IIONAL ONES: MIN. 0.3m MART AND 1.51n LONG MAXM1A1 SPACING OF 30m BETWEEN EXPANSION JOPnS AND MERE SIDEWALK ABUTS ANY ROM STRUCTURE 0.75 PROPERTY LINE 7Z 1.8 1-5 N CONCRETE V I I CONTRACTION JOINTS (TYP.) DEPRESSED CURB' W 1.5 0.75 Z.[ a 130mm ..' 150mm AT DRIVEWAYS COMPACTiD NAME MNlltui ' (SEE NOTES 1 AND 2) NOTES i 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 pouring sidewalk. 3 Concrete shall conform to OPSS specifications (30MPo, 7% t1.5% 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 dimensions an In metms union otherwise noted. MulLicipality of Clarington Engineering Services Department CHWC n RERSONNO. 4-PO aae . STANDARD CONCRETE SIDEWALK ,AIL C-307 2004 - 3m VERTICAL TAPER _ PROPERTY LME REFER TO APPROVED I , HOUSE SITING PLAN (MAX. 6.0m) I n n z Z r STREET LINE STREET ' LINE i OF , APPROACH PAVING 24 TO 81 CONCRETE SIDEWALK MIN. 50mm Ha3 ASPHALT MIN. 150mm GRANULAR 'A' OR CRUSHER RUN LIMESTONE(COMPACTED) , COMPACTED SUBGRADE SIDEWALK SIDE OF STREET STREET utE 2% TO 6% .�: MN 150mm GRANULAR A' OR CRUSHER RUN UMESTDNE(COMPACTED) COMPACTED SIIBGRADE NON—SIDEWALK SIDE OF STREET All dimensions an in millimetres unless otherwise noted. Mulgicipality of Clarington Engineering Services Department aNLaan Reaax No. -DRIVEWAY APPROACH FOR OPPROWIM aTE RESIDENTIAL DRIVEWAYS C-309 APRIL 2004 ABBREVIATIONS AFG Above Finish Grade HH Electrical Hondhole AC Alternating Current HV High Voltage AWG American Wire Gauge HEC Hydro Electric Commission AMS Amber IGRD Insulated Ground (green) BFG Below Finish Grade IMPD Impedance BGRD Bare Ground IND Inductance BLK Black ITS Intelligent Transportation Systems BLU Blue JB Junction Box ' CCT Circuit CE CODE Canadian Electrical Code LCS Lane Control Sign CMS Changeable Message Sign LV Low Voltage CCTV Closed Circuit Television ' COMM Communication MH Electrical Maintenance Hole C/W Complete With COND Conductor NEUT Neutral CONT Control NIC Not Included In Contract CDT Conduit CSA Canadian Standards Association OESC Ontario Electrical Safety Code CTMS Corridor Traffic Management System PCS Permanent Counting Station DB Direct Buried PUC Public Utilities Commission DC Direct Current PXO Pedestrian Crossover EC Electrical Chamber RF Radio Frequency EMI Electromagnetic Interference RFI Radio Frequency Interference EQPT Equipment RMS Ramp Metering Station ELV Extra Low Voltage FO Fibre Optic TS Traffic Signal FTMS Freeway Traffic Management XFMR Transformer System GRN Green UPC Underpovement Crossing GRD Ground VDS Vehicle Detector Station WHT White YEL Yellow SYMBOLS Al Aluminum 11 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 - - - °sP Date - — — - — — ABBREVIATIONS AND SYMBOLS OPSD - 2000.010 DUCTS AND CABLES , Ducts and/or Cables, Underground Ducts and/or Cables, Surface Mounted Exp 9166651"Me ago Ducts and/or Cables Embedded. "Exp" Indicates ITT Expansion Joint ' Cables, Installed in Existing Ducts Cables, Aerial Cables, in Pavement Slot 0 0 o Ducts and/or Cables. Future by Others 23 Underpovement Crossing Identification Code, Note 1 3 Reference Point with Identification Code, Note 1 Duct Stub with Plug, Note 1 —g Existing Cables and/or Ducts to Remain in Place -X-LCu-)(--LCu-x- Existing Cables and/or Ducts to be Removed --tY-LCA-4L-LCA-7F- Existing Cables and/or Ducts to be Abandoned Identification Codes For Existing Duct or Cable Usage: IDENTIFICATION CODES, Note 2 BCU Bell Cable, Underground CCA Communications Cable, Aerial DC Extra Low Voltage Detector Cable ' GC Guy Cable HC Hydro Cable LC Lighting Cable PC Power Cable TS Traffic Signal Cable TV Television Cable NOTES: 1 The duct symbol shown is for illustration only, other duct and/or cable symbols may be used. 2 Add suffix U for Underground or suffix A for Aerial. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev ELECTRICAL LEGEND I Date 0PSD - 2001 .010 MANHOLES, JUNCTION BOXES ® F MH32 Electrical Maintenance hole with Identification Code ❑ FJ-B-361 Junction Box, Embedded or Surface Mounted with ' Identification Code O FH-H2-11 Electrical Hondhole, Underground with Identification Code PADS AND FOOTINGS Q FCP,33 Concrete Pad with Identification Code Q F-F-43--1 Footing in Earth or Rock with Identification Code AON FF44-1 Footing on Structure with Identification Code ■ FS-F-3 I Sign Footing with Identification Code POLES FP-24-1 Pole with Identification Code II , 0 F-EP-3-2-] Existing Pole to Remain with Identification Code LS `! Identification Codes for Existing Pole Usage: A Authority Owned Pole I ' B Bell Pole C Communications Pole GP Guy Pole H Hydro Pole HM High Mast Lighting Pole LS Lighting Pole TS Traffic Signal Pole TV Television Pole LS R33 Existing Pole to be Removed with Identification Code j ' ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev i OP ELECTRICAL LEGEND 11 Date=_ ___ _ S ' 0PSD - 2001 -020 LUMINAIRES , OLuminaire , C1 Luminaire with Shield a Floodlighting Luminaire ' DUnderpass or Surface Mounted Luminaire , OLuminaire, Number Shown Indicates Luminaire Location on High Most Ring with Respect to Pole Handhole, Note 1 _O Luminaire with Bracket, Note 1 Existing Luminaire to be Removed, Bracket to Remain, Note 1 Existing Luminaire and Bracket to be Removed, Note 1 ' --��F Future Luminaire and Bracket, Note 1 L78 Luminaire Identification Code POWER SUPPLY M Power Supply Equipment ' QTransformer OGenerator ® Power Supply Equipment, Pad and/or Footing Mounted, Note 2 , SUPPLY A' Power Supply Equipment Identification Code 120 240V, 14 3W 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. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev , OP - - - - - - - - - - S ELECTRICAL LEGEND III Date - - — — - — OPSD - 2001 .030 t ' MISCELLANEOUS --> Ground Electrode(s) ' / Cable Protection Bricks, Concrete Cap, or Marker Tape in Trench ' FR-1-2-1 Identification Code for Removal Equipment WIRING DIAGRAMS Conductors, Single or Multiple, Identified by Note Indicates Cables to be Installed in the Some Duct Indicates Spare Duct for Future Use 2-19 C 14 TS-775mm Wiring Identification Note Duct Size, Aerial, or Direct Buried Type of Cable: TS — Traffic Signal HV — High Voltage LV — Low Voltage ELV — Extra Low Voltage ! ' CONT — Control BGRD — Bare Ground IGRD — Insulated Ground (Green) CSA designations, may also be used AWG Size of Conductor Number of Conductors in Cable; Not Required for Single Conductor !� Number of Cables 4 In—Line Cable Splice; Number Denotes Number of Cables i3 Tap Cable Splice; Number Denotes Number of Cables ' L J OR � 1 Wiring Enclosure, Manhole, Junction Box, etc., J Identification Code Matches Layout Drawings 1-1 OR O Equipment Item; Identification Code Matches Layout Drawings ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 Rev - - - - - - - SP ELECTRICAL LEGEND VIII Date - - - - _ _ - OPSD - 2001 .080 WIRING DIAGRAMS 'CONTV Single Phase 2 Wire System: BLK Black, Line WHT White, Neutral , GRN Green, Ground Single Phase 3 Wire System: RED Red, Line 1 BLK Black, Line 2 WHT White, Neutral GRN Green, Ground Three Phase 4 Wire System: RED Red, Line 1, Phase A BLK Black, Line 2, Phase B BLU Blue, Line 3, Phase C WHT White, Neutral GRN Green, Ground A RED 7 Circuit Identification Code: 'A' denotes Supply Location 'A' 'RED' denotes Red, Line 1 '7' denotes Breaker or Switching Device No. 7 NOTES: A Wiring Diagrams use Electrical and Electronic symbols common to industry practice. Refer to CSA Standard Z99 for symbols not included in this Legend. B Symbols for 'Existing' and 'Future' items are included only for widely used items. In general, existing features are shown in screened or light lines and/or , shown with a letter 'E' ; new construction is shown in bold or heavy lines; and future work by others is shown in light dashed lines and/or shown with a letter F'. Prefix `E' or F' in identification code indicates 'existing or 'future' respectively C Where Quantity Sheets are not used, location, size, quantity and type of equipment to be installed may be indicated by notation on the Layout drawings. D Symbols crossed out with an 'X' indicates 'for removal'. Symbols crossed out with a double stroke "// " indicates "to be abandoned". ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 1 Rev OP s - - - - - - - - - - S ELECTRICAL LEGEND IX Date - - - - - - OPSD - 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 mrr DUCTS LAYERS 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 /A N/A 205 300 350 460 460 610 610 1 1 150 255 60 610 610 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 55 460 460 610 610 610 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 60 460 610 610 610 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 r 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. ,I D N/A — Not Applicable, undesirable, or exceeding equipment limits. E All dimensions are in millimetres or metres unless otherwise shown. Finished grade Rock line 0 to 700mm Backfill material Finished grade � '. ' . a i c iT > Backfill . . o ¢ material E 50P m min 'o ' Duch a E N of E Duct E d N Ground wire v Duct -O Note 7 - - � ( Sand bedding • "O O '-'1 50mm min Graund wire ""O IF- 50mm min TYp SOmm 50mm Note 1 Ground wire min min ONE LAYER Note t TWO LAYER ARRANGEMENT ARRANGEMENT IN ROCK IN EARTH IN EARTH ONTARIO PROVINCIAL STANDARD DRAWING Date 1992 12 15 1 Rev DUCT INSTALLATION Date IN TRENCHES OPSD — 2101 .01 O O N 09 N O D N ' N D N p N 3 m333 m333 ° 033 3 ° 33 33 l d°. 3 N m o o 5 r o 03 - o o g ° O x C: r m m m Z O O o z ,A 11 a w m 3 0 ° O O 3 C mo O ° C 3 � � C O 2 �. 3 3 o p ca D ' a m 3 n C3 °_ \ o° o 03 m m o >> � N a 0 - _ r— —� o o m, I NN 00 PN C L J 333 �---- 0033 0033 0 a 3 �3 m333 o � 0 33 O x x O x nrn to w N -• Z ZZ DPI *w -n oow -nw n --n ON n — o moo �� m D o l o I o f fA Z 7 7 woo 00 Nj "j ='p_ ° o V N rt 0 D Q 0 3 CO o L4 o w m w O " o A R 3 7 n� O Ort N RI ° 3 O .C. 3 a Z W 3 Z 1 2m Z C• 3 N j•j w ' 0 j 0 w w o_ m m O O 3 0 3 A cs m z Zw o av 00 CD N( = o 0 � m w . -< W , rt (A n .n w w O - pn 3'0 N� o z '° �° , 03rt �a 0 3 CT O m o . 3 .w. cwi � o ° DA 00 V I w i O- OXO .+ O > wZ1 33 n I ° y !n ? o c 0 w y zT 33 _ o _ v v l f � rn m O �• m m f0 ,� 3 3 1 J j 0? a p -im Nm x , 3 I (D w C) (D a O pv � N w (.A CL � 6Z O _ 0 OIDa 0 OO I N N =r ai0 w Dno ,•_ < ° N I I c f o 3 " 3 oa v — 3.3 . w an r 33 1 I o w 33 O I I O L-- x ' (V I I 7 450mm min Utility depth 4mn tility depth Duct or outer edge of cone encasement TYp , 'x; X, 45 Loose Dia/3 Depth of 45'styrofoom fill 1-150 duct or --I t 150 Typ. encase duct C CROSSING OVER CONCRETE CROSSING OVER UTILITY ENCASED UTILITY Finished grade TYp � 1 150- I" E 150 E {f o Dia/3 i Quo .mayE 150 }r}te� �° c I t!+ v E 45* X'x . . 6a0 45. X, 300 ——————— Slope to avoid low point mm 300 where elevations permit min Slope to avoid low point mm where elevations permit min CROSSING UNDER UTILITY 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 Ducts, Direct shall be used, with the utility supported Buried or 100 in place where required, where crossing Encased under a utility is necessary. All other pipes 300 C All dimensions are in millimetres or High Voltage cables 300 metres unless otherwise shown. All other cables 300 ONTARIO PROVINCIAL STANDARD DRAWING Date 1992 12 15 Rev DUCT INSTALLATION Date - - - - - - AT UTILITY CROSSINGS - - - - - - - - - - - - - OPSD - 2103.05 L4 N ZZ 750 D r , s 0 n 0 T1 -{ 450 O �rt 3x ° NO m DO O W O QOO � m 78 ° moo o33 N m w4 -ni o°c� woo 00 °w0 O O - -- -- J N vW«a c I oy3 e 0 a o D W a- Co W m + v 0 I O p O y T (.4(O� Co W 09 W o Z--0N R ? D N n m 00 3 I W �.Wo 3 m o.3 C7 o-c—3 W 3 a A n Ln o a ��T-71 a 1 ' 1 0 0 OO x - ? 0 m r v W 3w° MO a o o0 3 W ° m30 qc n 0 m 3 o " p m > ° CI O D 0 D O'er ° 7 N a, .Z7 W 0=° 9N Z j-1 c ° m v 3 OZ 3 54 \TJ > o o o n DZ X00 0 0o_a IV r O my ?m I t - ❑ � ❑ 9 S 'nom 140 < d� W C � n -� w 9 n °� N3 IM Z r 3 rt° W 0 ° W I v =12 D aQ o I Zt _ - ? ' O I --- �- s p o a3 Co a p r pOm v � ' o m I m mX D a) D m _ B 300 � nc D O� - - Z ;I= -v o, O 320 D m ° 00� 'l N 3 I j n I 350 , 00 —W O 0o = M f Oj F p 0 N I m ° 0 22 '^ W m <° o 5 V' I p • (n Z o m w 2020 , D 1 Co rNn n c0 3. m n " 3 T3 u p 3 W No N Z a ?3rn n'Ji 140 W CD Z n 3 a 1 1 N W 1 0 J 1 (T W 0 CD I I n o- � 0 I fw 10 N I 1 3 8 = N--i 75 p 1 W. 11 m 14 W i ON 1 I N �- I N I ° � I I I I I 1 � I o I N I I N ' a c o O I I O o Z � v ° I I ° _ c d -a ] « v 5 u � 1 9 0 �..� Z D (if W p p J w V) 1 xow wwOSbL p C Q = W E Q Z p a V = Q i J p ---------� t 'O Q W Q G J oo z Q L 00 j U m 0 �— 0 � p3 o W v N U Q� ° Z { —lost a EC0 W p o o 1 0 E2 Q J li 0 3 z W o L L m n n y O } 1 o v L n NO O � m — c c C Z r t N� aua m W _ s N j CZ �m d LO aFT da � E �,OE y m _ a E ° c 0 E O Vl �v 0 C O 0 O Q) O ._ •' C_ � y N c _ C ; 1 uiw wwoog r � : j N V - C c C', N 01 � cc E _ _ -0 C W R o- O I . O c OLL Q Z .- N ¢ m 3p0 Plywood template 75mm minimum see OPSD-2215.02 concrete cover er�Op IOM Plywood template PLAN set level. Remove to PLAN finish concrete after 760 initial set. , 75 20mm chamfer Note 3 Note 3 75 deep eep wide x 25mm groove sloped o Finished grade fine to provide drainage 77/ zrr i ei i i n Q Anchorage ' °o 'p6 a'�` '�� Note 1 Fibre tubing formwork. 600mm minimum depth 4-10M ties ' I 0 150mm c/c toomm—{ ' See table for number TYP of IOM ties 0 , 450mm c/c 2 75mm rigid duct sleeve ' Note 2 B-20M rods ELEVATION ELEVATION LAYOUT REINFORCEMENT POLE BURIAL ROD N0. OF 10M BOLT CIRCLE DIA , LENGTH DEPTH LENGTH A TIES 0 450 FOR METAL POLES 'y c/c Pluminum Steel Sectional m m m mm Steel 5.6 2.15 2.00 100 3 N/A N/A 449 , NOTES: 7.0 2.15 2.00 100 3 N/A N/A 449 1 For anchorage assembly see OPSD-2215.02. 7.5 2.15 2.00 100 3 406 406 N/A 2 Minimum of two sleeves required for each 8.7 2.45 2.30 250 3 N/A N/A 449 concrete footing. Three sleeves as specified. 3 Top of footing shall be installed at 40mm 9.0 2.45 2.30 0 4 406 406 N/A ±15mm above finished grade in paved or 10.5 2.60 2.45 100 4 406 406 449 concrete areas and 75mm ±25mm above 12 0 2.75 2.60 150 4 406 406 N/A finished grade in earth or granular areas. ' A For pole mounting details see OPSD-2215.03. 13.6 2.90 2.75 0 5 4D6 406 N/A B All dimensions are in millimetres unless 15.1 3.05 2.90 100 5 1 40 1 406 1 N/A otherwise shown. N/A — Not applicable ONTARIO PROVINCIAL STANDARD DRAWING Nov 2005 1 Revi 1 sTnv CONCRETE FOOTING _ _ — — _ _ — — — — o P N FOR BASE MOUNTED - - — LIGHTING AND SIGNAL POLES OPSD — 2200.01 Offset ' Note 1 Pole Edge of travelled way I I I I Burial depth Note 2 DIRECT BURIED POLE IN CUT ' Offset Edge of Note 1 travelled way Pole , ' I I I�l I I I I L Burial depth Note 2 j DIRECT BURIED POLE IN FILL I NOTES: 1 Offset dimension as specified. y 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. i ONTARIO PROVINCIAL STANDARD DRAWING April 2007 Rev 1 Cc INSTALLATION OF - - - - - DIRECT BURIED POLES IN SLOPES OPSD 2210.020 o ( ( o M N I o M a 1 2 1 A` ? n " I I I , U 0 I m m 4 O a a Q R I Ito a 0 .. 30 A 0 ' o c 00 CL o o n 0 1 11 (A o < O O � 0 ^= m 0 m N 3 a 0 3 rc-) °a rc 0 n rF °0 r0 0 m 0 m < 0 ,o < v o w v° 0 3 0 °^ m o 3 0 0 o m 0 0 o m a 0 a a 3 0 m 0 m a D m D m ' O O ° n Z n o 0 L Z O = p o =r --4 D oaa(D m Z oo'° v O n m;° 0 Z a O D o00 _ o r r o o < » m0 3 $, o m o D � Q= 3 � o c ' W n_O a 0 D ..r 0 s A OOl O p N = 0 Z 9E3ddd d d ddd N O co CL f f x x x W3 C)(v f <` x ::En a s a n x f n A a > > > > o N { o o N { O O N { > > Q N { a O . aunn an , N { NN { � 0 0 0 o N { o .n-.. O ZE rp 02 , co a m m o a7: oovm0 vmo cl N W ? m S 0 0 v a O N I N D � aa � ao mm - z ov � Z mm n ° nn � 0 0 I OWN 0 0 0 v v v v O M U m m Z p Z � p 0 ° 1 < u ...Z . z - G . . � .. O o V v V c N a ° ° o � t >a 2 E w ° £ co Ea+ £° rn - > £ o°_ n> n a I I O OE O 2 'O J° < m T Z O £ x V w Mom I � I I •• ' Z � O VI OIU _ OUTd OJ y0 0- 3 Y p I L O N« N so. OIF N d rn N M N ofob d2 O m N O Y1 I I Uu O < 200 41u L _�___ _ « 1.« ° — o.m.o — ----- v °Dom ° o Er O E x E U mZ �u1W WQ'£ 7LN N O o a6 m E°m ay n 5 y3¢ t 00 £N O I ° £ °D i EmJL (E- o ° mNm dvULm° Cm 00 u > o ow E >°-- ° u ° x!_1 nu ` D = O �L OI O r.j4m G OOOC J O ° Ea N c d °, 4^� Oo r- °' 'O ti Nrnu°1m LT EE« °- ° J 0 c oo iN Mo' fO� c moo° Q m o °`o Cc I V/ Q1` c I ^ �- 8E ° % n y D o m m m o'H u J G 6L N «3 m _ I O O U £ d U U N 0 C U U m 20 C MCI m n-p o o O i r ao ¢ m J >> 0,0 , ° `° r Eo x tn* C9 n3 x rn o rn Mo °a ' o 0 U' '< -° N L v O Z Z E q O N O O 3 Go« Y r N 01 Oi EO £ x m O d f m�O to 2= i ° .L. °-°u E - o 0 E 'o 'omj ° aH Etma`oo> E Q ¢ .- o m rn m -° n °1 rn v Eo ono a O1 E > " OZ ° ` E. z °d m u F E mO W o00 no , Do O Q °� EOC y [O P wr 00 COc Q v _ W I/1'�" K U^9 L �m 0 m E E ° a 0< Z z c c E N C« 0 -6 L% m d Z p C d m W OM o ° wo ' E m o 00 \�Y'" c E L°' o V ° mE N JN , C9 C^ C > Z c ' SEE o a Ha=' O V Z ; 7jj �a - W --Co f .° y L E c ay ;uawy°o};o al°d O - W T1 O . Y d O O«O O « O-0 Zy NO Z CJ L ' o d J °1Ev z ° m cEry oam C p d O E L T'0 0 01 �E a° �J Q] ° oO £� orn° E j ° p rn - T 9F m o °n W Oo n' Y n o -m ma C a i� a c E y o ;gEEaHC m z O V V m mJ�w^ v o.O� CN�L owl E a 3:: �04C Q z0vo _°009 u ° �o o ° oaC° 6 Eo o. m LENm Z o E O a w a E v O'c c o w a L d ° - o o o d u c °_ C � O o I E a x >m ° ° ¢•- rnn v z oEd ac uo ° m m° OL o a r = m ZQ MM3 Nd m- 0 15 C�N u 0 o c m E ` , J q- E. .° _E o' J "t a C m N -- cL °z 0£Z c O m ° EE N Ob m E = 00 «°aN 'c 0 u vE v o c o W ° - 3 =m9 a}oN W m _ - 0v 0 M a E m o c -0 4 dap ° - ¢ o O " a 3 v.r a O N o 6ugyas alod Z N n a 1n D ? u N Z ' D 5 o ° o b p o o m o o C. o- X.0 ' 3, S.o-3 m 3 o v W 0 M ° ' m 430 °3 ca3 33 5.00 N j p Q N 3 % j O % p = 0 0 0 o v 0 i0 0 0 0 v0 O W m o b ° o °�w Attachment h eight- ^�v azn p M 0 3 e 0 3 =0_o_ Note 2 00 w v 'Zo 0 O 6 o O b < 1 n om'n nNi 00 p l n o i-+a•0n b Wb moo W o ' 3p o- 'E 0 ry no- 9 * -0,0- 0 ° c°io mo m ° 0 0 ' o iF 0 woo 3 m e-o o � m3� ° � o 00 ' F O c o ° b N mn n3n �° 307 3t, < ao� ' b _ p _ 0 o °i00 nn 0 n Qv 0 0 0 0 0 D n op n p o 0 moo 3o N 0 0 0 0 0 v0 o o 3 D o o ND om 0 < on 60 00� m 3 O F r < ° , m Op o ° o n See OPSD- 0 0 ° , Z t- n '° » n°•� .D-t 2245.020 Sag, Note 3 Q? a° � O 1-5m 0f Np D n Z min mv Note 5, ' D ;0 y� Note 4 N m .00 rn • 03» N a m F-300m min D Z Note 5 I I I I 0 N N N �VZI °A o M O ` N O W 0 0 0 0 0 0 Z 00 0000 0 Z' j o D p no �m 2 , a m (n I I N 0 0 0 0 0 °o w °a Z See OPSD- >? Q I I O o 0 a O 2245.020 0 £ O I -TI 0 ° 3 0 ' 30 1 vcwo � mmm 3 m m 3 ❑ 0v j (p 0000 U0 Wit/ � ° I 1 < 00000C) 7 N D N z O p N I I ro o � D �m m Ln � M W w 3 O U l 0 00000 0 0 0 N - ° f l] O ' a 1 O w Q u n t aI°N v 1 I N ci � a 'u O 1 \1 10 I I m� °a W 00 I I ' vp m o [_________7i Y N I I Q. f0 ili m i 1 i u U > I 1 O 111 MII 1 1 Z I I 11 Z MI ■ 1 in I 1 111 W Ali W i�o ili J U VI Z O W W a `u W in 0 M u x o m z°r -� W G o V W W 0; z d U < E a N J OZ o E —I W U ii oM '9 Q Z 11 o Z W Z Z O J 0: Q O t r W m ° d E O W ' - o Y L a)ON Q1 Q :2 m F- d Z Z Z HT a I J 6 O 0 U Ho ' O U a° O 1 (— O n ycv o [-'-- - -- Y O �' t Q --1 UI p V N 1 1 1 1 1 1 U OC C 2N 11 Q- 11 I I Ix N V Oa -� 11— 1 11 C 7 FO m Z 11 14 1'I 4) � to W E u . a 6 CD N Ld 0 .2 rn V) O -60 0 Q. y N y L U 1 O a O y x O Cr 0 u u o O 0 O ` a V 3� ho E '.� wow E O lL lL Z N #12 AWG stranded copper #12 AWG low voltage , ground wire to luminaire(s) I I I riser wires Note 1 Note 1 1 I j I II I Fuse holder kit Compression connectors, II with 600V, t0A copper to copper with II I I I KTK fuse insulating covers I I Ground stud I LJ L I 1 I- Pole Handhole ' L I--J I I �--- --------- Tap run where required I Line Low voltage Neutral l cables -J Cable to ground ' ------ electrode connection ' #6 AWG bare stranded copper ground wire Ground electrode located Cable to cable ground connection as indicated on lighting t layout drawings NOTE: , 1 Broken lines indicate additional conductors for double luminaire installation. ' ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 jRevj , OP POLE WIRING . DIAGRAM Date._ _ _ _ - 2ov SYSTEM OPSD — 2255.010 f ' #12 AWG stranded copper #12 AWG low voltage ground wire to luminaires) I I riser wires Note 1 Note 1 rfI I I I I I II Fuse holder kit II I I with 600V, 10A ' Compression connectors, 11 1 j KTK fuse copper to copper with 11 I I I insulating covers I I I n , I ILJ I ICJ I Ground stud I I I Pole Handhole I I L__—__— I L—_ — II, ' Tap run where required Line Low voltage Line I cables Neutral Cable to ground -----J electrode connection #6 AWG bare stranded copper ground wire Ground electrode located Cable to cable ground connection as indicate on lighting layout drawings 7 i NOTE: ' 1 Broken lines indicate additional conductors for double luminaire installation. i ' ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 1 Rev OP POLE WIRING DIAGRAM Date 120/240V SYSTEM OPSD — 2255.020 � i L s61 _1 s Y / BRACKET ' Circular section DIMENSION 60mm OD 1.8m 2.4m / H L 1.8m 2.4m ' H 0.9m 1.2m 4.775mm wall thickness Elliptical 64x108 70025 Section mm OD mm OD , c�0 Elliptical section � 108 --{ Iro Detail A �{ SECTION A—A 17 ' I I / I t , Ir - 32mm dio hole t thPI 27 a \ I I i n t1 I L I I N N \ 25mm dia hole I I 5o A I I A I1 I IZ — I nI II � 1—.171 � I T ,I I DETAIL A NOTES: BRACKET BASE PLATE A For mounting details, see OPSD 2250.01. , B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING April 2007 1 Rev 14 srayo ' 0 P 1 .8m AND 2.4m ALUMINUM - - - - - - - - � s �� TAPERED . ELLIPTICAL BRACKET OPSD 2420.01 I ' 4h. t Lo7— b9 :25mm min ' BOTTOM VIEW ' La7wottage el Ll 25mm min SIDE VIEW j Background colour Note 1 F TYPICAL LAMP WATTAGE CODES Black numerals IDENTIFYING LAMP Note 2 c NUMERAL WATTAGE £ 7 70 W E 10 100 W E 40 n 15 150 W 25 250 W 35 350 W ' I I 40 400 W I— 75mm min —i LABEL DIMENSIONS ' 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 Nov 2005 jRev1 J0 (.5TA I,LA MP WATTAGE LABELFOR LUMINAIRE ' OPSD - 2421 .010 1 Handhole cover Ground lug attached to ' metal frame mounting bolt Handhole frame Note 2 Note 4 Finished grade ' Ground lug welded D ' to metal cover Note 3 Coiled 1.5m of #6 AWG 0 ' stranded ground wire J- 1000 —{ , Flexible duct #6 AWG system ground wire Rigid duct ' Duct entry hole Typ, Note 1 ' Flexible duct C i i Ground rod where required E I Rigid duct ' E I I oE 119mm clear crushed stone o L2---------------J drainage pocket and foundation cd I o , 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, 2112.02, 2112.030, 2112.040 2112.05, 2113.010 and 2115.01. ' B All dimensions are in millimetres unless otherwise shown. MINISTRY OF TRANSPORTATION ONTARIO DRAWING February 2006 Rev , ELECTRICAL HANDHOLES - - - - - - - - - - - - - - - GENERAL INSTALLATION REQUIREMENTS MTOD — 2117.02 ° I I I O ) I I N n m N I I O < n N N m O n I I r I I LO O 1 I ° N C-4 I I N W � n vi 16 1 I I Q f f I 1 v > I I () O I 1 Q Z I I F- 00 0 0 N m m m o I I O O O O m O N O = W U) J /� Z (Qj >> Z VI l.L 00 of m M rn a m Q N W mo m m N Lil Q n m m ro m m m U O J Z Z m > ss O � FW— (n S A m 6 m �o Sri <o v of Q Q W 0 n N th U > Q = > W z (n z oo 0 a O J _j w n N ro m vi 6 of Z U W U J .v m �ri vi v o O o 0 0 o m FQ o n H ao d Q U J Q m U J Q a U U N O O O N u1 m N O r ry CK z n N i(i m U w W Q ' W > > air Q' 1 LLJ > nN o '� n m O ° H > n N m m m C N M n G O W Q Q > C O M Z pmN o n n n n O it c ai F- ` O 3 O o o in o z Z LL- OZ u za _ c Oa as ' Z z w V C 2w O n n n M O m m Da3 6 v v �i v N w in E«n O U E a N > I N W E v E W Q YN QY m0}S mY Q u `Ov ` ,. 0 Nf3 z O w owe>w z 0 J N Z vi on zw> O Ozm ? VDe 1 l I 11 12mm dia stainless steel hex ��head bolt, flat washer, lock washer and nut, 4 required � Bracket clamp plate ' 40x6mm min thick steel TRUSS BRACKET , hot dip galvanized Rubber gromment , 20mm ID Bracket mounting plate I � � II SECTION A—A , FOR SINGLE MOUNTING I I � o A 1 12mm dia stainless steel hex head bolt, flat washer, I o0 lock washer and nut, 8 required i Bracket clamp plate min thick steel hot dip ' hot dip galvanized � � i Rubber gromment 20mm ID ' Bracket mounting plate DETAIL 'A' SECTION A—A NOTES: , FOR DOUBLE MOUNTING A Bracket mounting plate to be aluminum alloy 6063 — T6. B All dimensions are in millimetres unless , otherwise shown. MINISTRY OF TRANSPORTATION ONTARIO DRAWING November 2007 Rev 1 1 , TRUSS BRACKETS _ - - - - , MOUNTING DETAILS MTOD - 2250.020 ' REV. ALTERATION DATE BY ' 0' BALL CAP PANT: BLACK U eu.iRE cP mONc CATALOGUE NO.: K729-RFL-III-100(MOO) -HPS-120-PBC QUANTITY- OPTICAL SYSTEM: REFLECTOR FIAT LENS FEE CLASS.: TYPE 01 9. WATTAGE: 10OW KA51-S MARINA ARM (MOD) SOCKET TYPE MOGUL z0 7J/18' 1 PANT: PAL 7012 LIGHT SOURCE HIGH PRESSURE SODIUM 19 s/1d RA VOLTAGE BLACK 1 PABIF: BLACK PHOTO BUTTON C111. OPTIONS: PHOTO BUTTON CELL 9' ANSI S54 LAMP BY OTHERS LUMINAIRE K729 AURORA JR. BALLAST INFORMATION: ' - 17 5/0' PANT. BLACK TE A�TE BALLAST TYPE: HX-HPF HX-HPF BALLAST MANU.: UNIVERSAL ADVANCE • 9/18' I1M� CATALOG NUMBER: S100LLTLC3M 71AB097 19 I 1 I � QUICK DISCONNECT HPLEASE SELECT ONE TERMINAL BLOCK pj OTHER ' (2) ROWER DECORATIVE CATALOGUE SCROLL k 1/4'-20 EE Q BOT K451-S (NOD) WITH 1/2'I.D. EYELET QTY' PANT: CNRCOAL OKAY MATCH MATERIAL ALUMINUM III ' 171' [— PANT. RAL 7072 ' POLE SPECIFICATIONS 1 CATALOGUE NO.: KYC18-G-E11 C/W 140-15/30 M i \ QUANTIFY: & FPH S/F KA51-S 78' 0' 1 SECTION: ROUND ��Q� COLOUR: ECLIPSE (NO ACRYLIC)\ - 08 pf� POLEHTOP: 043/4' ��-�• �� POLE BUTT: 010' ' POLE LENGTH: 22' 6' VIEW A APPROX WEIGHT: 965 Ibs. MIN. RACEWAY: 1 1/4' 0 ' ,D' o' ** NO ACRYLIC R 0 IR D }* 1' COUPLING I (REEL) i ' NAMEPLATE _ ARM - - —_ DIRECTION 00 2 1/2' x 8' ZIN& H.H.BOX & COVERPIATE ^ ' Fj C/W GROUNDWIRE & ROBERTSON SCREWS 1' COUPLING THRU APERTURE H.H.BOX NAMEPLATE GRADE TOP VIEW Bwthgtaa. Ontario 1-800-269-7809 AWMps� Alsexnm 1-800-135-6WJ ' 4' 6' qn9 WmMaln Sh*nC•A Est. 1953 CUSTOMER ORDE No: S T R E S S C R E T E Atchison, Kansan 1-800-637-1024 G R O U P ✓eRaisan, ONO 1-8W-268-7809 STRESSCRETE ORDER No: PROJECT/CUSTOMER: CLARINGTON 10, KING CANADA ORDER No: DRAWN B AT: CHECKED Y: DATE: REVISION: - M.L. SC7 /� 5/5/08 - DRA 0 : - - DRA UMBER: CONCEPT DRAWING 206A4970-2 � k � \ � � , { � I � a | � |■ | � @ ■ l 7 � � �! �. rig | \ $ 2 goo m • � �, ,� U � m i ! � |■r §�F«§ §. ;� ° Ke q�{ {\ §, n �q/ § ^§ > \ | | j& ( 7 k �§§ §\��§ | 77 | 7§ !%§|2■_§` �§ § } � § a , § "00(■ ( . 7 ° co ■ 7 ! , ; , � ° ) §§ ■ ( y } § Z § | ( § § § $ 0 $ \ § § . ■ § !§ ) � i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2008-31 OPS GENERAL CONDITIONS OF CONTRACT (November 2006) i ON T 'RIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS �p STq H 2�P� 09 �O o O P N J G $ Q pqL-PRp 1 GENERAL CONDITIONS OF CONTRACT ' (November 2006) O"'•¢�` Ontario Provin al Standards . _ METRIC s( o P �i fo OPSS.MUN1100 Roads and P blic Works November 2006 OPS GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0-INTERPRETATION i GC1.01 Captions.................................................................................................................6 GC1.02 Abbreviations.........................................................................................................6 GC 1.03 Gender and Singular References..........................................................................6 GC1.04 Definitions..............................................................................................................6 GC 1.05 Substantial Performance......................................................................................11 GC1.06 Completion...........................................................................................................11 GC 1.07 Final Acceptance.................................................................................................11 GC 1.08 Interpre lion of Certain Words............................................................................11 ' SECTION GC 2.0-CONTRACT DOCUMENTS ' GC 2.01 Reliance on Contract Documents........................................................................12 GC 2.02 Order ol Precedence............................................................................................12 SECTION GC 3.0-ADMINISTROLTION OF THE CONTRACT ' GC 3.01 Contract Administrator's Authority.......................................................................14 GC3.02 Working Drawings................................................................................................15 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment..............16 GC 3.04 Emerge cy Situations..........................................................................................16 ' GC 3.05 Layout. ................................................................................................................16 GC 3.06 Extension of Contract Time..................................................................................16 GC3.07 Delays.. ...............................................................................................................17 GC 3.08 Assignm ant of Cont ract........................................................................................17 ' GC 3.09 Subcontracting by the Contractor........................................................................18 Page 1 Rev.DOW. 1112006 OPSS.MUN1100 GC3.10 Changes...............................................................................................................18 GC 3.10.01 Changes in the Work ..................................................... .....................................18 GC3.10.02 Extra Work...........................................................................................................19 GC 3.10.03 Additional Work....................................................................................................19 GC3.11 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 GC3.13.03 Claims Procedure....... .................................................... ...................................20 GC3.13.04 Negotiations.........................................................................................................21 GC3.13.05 Mediation..............................................................................................................21 GC3.13.06 Payment........ ................... ......................... ........................................................21 GC 3.13.07 Rights of Both Parties..........................................................................................21 GC3.14 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 GC3.14.04 Costs....................................................................................................................22 GC 3.14.05 The Decision........................................................................................................23 GC 3.15 Archaeological Finds............................................................................................23 SECTION GC 4.0-OWNER'S RESPONSIBILITIES AND RIGHTS GC4.01 Working Area............... .......................................................................................24 GC 4.02 Approvals and Permits.........................................................................................24 GC 4.03 Management and Disposition of Materials...........................................................24 GC 4.04 Construction Affecting Railway Property.............................................................25 GC 4.05 Default by the Contractor.....................................................................................25 GC 4.06 Contractor's Right to Coned a Default..................................................... ..........25 Page 2 Rev.Date: 1112006 OPSS.MUNI 100 GC 4.07 Owne 9 Right to Correct a Default......................................................................26 GC 4.08 Termin ation of Contractor's Right to Continue the Work.....................................26 GC 4.09 Final P 3yment to Contractor................................................................................26 GC 4.10 Termination of the Contract.................................................................................26 GC 4.11 Continuation of Contractor's Obligations.............................................................27 GC 4.12 Use of erformance Bond....................................................................................27 GC4.13 Payment Adjustment............................................................................................27 SECTION GC 5.0-MATERIAL GC 5.01 Supply of Material................................................................................................28 GC5.02 Quality of Material................................................................................................28 GC 5.03 Rejected Material.................................................................................................28 GC5.04 Substi t ions.........................................................................................................29 GC 5.05 Owner applied Material......................................................................................29 GC 5.05.01 Ordering of Excess Material.................................................................................29 GC5.05.02 Care of Material....................................................................................................29 SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protec' n of Work.Persons.and Property.........................................................31 GC6.02 Indemnification.....................................................................................................31 GC6.03 Con es Insurance.........................................................................................32 GC6.03.01 Gen ................................................................................................................32 GC 6.03.02 Generai Liability Insurance..................................................................................32 GC 6.03.03 Autonno Sle Liability Insurance.............................................................................33 GC 6.03.04 Aircraft d Watercraft Liability Insurance...........................................................33 GC 6.03.04.01 Aircraft jability Insurance....................................................................................33 GC 6.03.04.02 Watercr 3ft 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 Ir surance...................................................................................................34 GC 6.03.05.03 Use anc Occupancy of the Work Prior to Completion.........................................34 GC 6.03.05.04 Payment for Loss or Damage..............................................................................34 Page 3. .. Rev.Date: 1 W" OPSS.MUNI 100 GC 6.03.06 Contractor's Equipment Insurance:......................................................................35 GC 6.03.07 Insurance Requirements and Duration................................................................35 , GC6.04 Bonding................................................................................................................35 GC 6.05 Workplace Safety and Insurance Board..............................................................36 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC7.01 General..................................................................................................................37 GC7.02 Layout....................................................................................................................39 GC7.03 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 GC 7.07 Maintaining Roadways and Detours......................................................................40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .......41 i GC'7.09 Approvals and Permits...........................................................................................41 GC 7.10 Suspension of Work...............................................................................................42 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract........................:...42 GC 7.12 Notices by the Contractor......................................................................................42 GC7.13 Obstructions..........:................................................................................................43 GC 7.14 Limitations of Operations.......................................................................................43 GC 7.15 Cleaning Up Before Acceptance............................................................................43 GC7.16 Warranty.................................................................................................................43 GC7.17 Contractor's Workers.............................................................................................44 GC7.18 Drainage.................................................................................................................44 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC8.01 Measurement.......................................................................................................45 GC8.01.01 Quantities—..........................................................................................................45 GC 8.01.02 Variations in Tender Quantities.....:......................................................................45 Pop 4 Rev.Date: 1112006 OPSS.MUNI 100 _� GC8.02 Payme t...............................................................................................................46 GC8.02.01 Price far Work......................................................................................................46 GC 8.02.02 Advance Payments for Material.......... .......... .....................................................46 GC 8.02.03 Certification and Payment....................................................................................47 GC 8.02.03.01 Progre s Payment Certificate.................................. ......................... .................47 GC 8.02.03.02 Cerfii tion of Subcontract Completion ................. .......................................47 GC 8.02.03.03 Subcon ract Statutory Holdback Release Certificate and Payment....................47 GC 8.02.03.04 Cerfificj bon of Substantial Performance.............................................................48 GC 8.02.03.05 Substar hat Performance Payment and Substantial Performance Statutory Holdbalk Release Payment Certificates.............................................................48 GC 8.02.03.06 Certifice bon of Completion...................................................................................49 GC 8.02.03.07 Comple ion Payment and Completion Statutory Holdback Release Paymer it Certificates................................................ ............ ..............................49 GC8.02.03.08 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 GC8.02.03.12 Delay ir Payment.................................................................................................51 GC 8.02.04 Paymer it on a Time and Material Basis...............................................................51 GC 8.02.04.01 Definific ns............................................................................................................51 GC 8.02.04.02 Daily W:)rk Records.............................................................................................52 GC 8.02.04.03 Paymer t for Work................................................................................................53 GC 8.02.04.04 Paymer t for Labour............ ................................................................................53 GC 8.02.04.05 Paymer t for Material............................................................................................53 GC 8.02.04.06 Paymer t for Equipment.......................................................................................53 GC 8.02.04.06.01 Worldril; Time.......................................................................................................53 GC8,02*04,06,02 Standb) Time.............................. ......................................................... ..............53 GC 8.02.04.07 Paymer t for Hand Tools....................... ..............................................................54 GC 8.02.04.08 Paymer t for Work by Subcontractors..................................................................54 GC 8.02.04.09 Submi ion of Invoices................................................................... ....................54 GC 8.02.04.10 Paymer t Other Than on a Time and Material Basis............................................55 GC 8.02.04.11 Paymer It Inclusions..............................................................................................55 GC 8.02.05 Final Ac ceptance Certificate..................... ..........................................................55 GC 8.02.06 Payment of Workers.................................... ................ ......................................55 GC8.02.07 Record$................................................................................................................55 GC8.02.08 Taxes.. ............... ...................................... ...................................... ..................56 GC 8.02.09 Liquids t-d Damages............................................................................................56 Page 5 Rev.Date: I MODS OPSS.MUNI 100 SECTION GC 1.0 -INTERPRETATION GC 1.01 Captions 01 The captions appearing in hese General Conditions have been inserted as a matter of convenience and for ease of reference my 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 I ft below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" American As iation of State Highway Transportation Officials "ACI" - American Concrete Institute "ANSI" - American National Standards Institute "ASTM" - American Soc ety for Testing and Materials "AWG" - American Wir i Gauge "AWWA" - American We er Works Association "CCIL" Canadian Coi ncil of Independent Laboratories "CESN' Canadian Enl 'neering Standards Association "CGSB" - Canadian Gei eral Standards Board "CSA" Canadian Sta idards Association "CWB" Canadian We Jing Bureau - "GC' General Cond lions "ISO" - International rganization for Standardization 'MOE" _ Ontario Minis of the Environment "MTO" Ontario Minist y of Transportation "MUTCD" - Manual of Un'orm Traffic Control Devices(Replaced by OTM) "OPS" - Ontario Provir cial Standard "OPSD" - Ontario Provir ciall Standard Drawing "OPSS" - Ontario Provir cial Standard Specification "OTM" - Ontario Traffic Manual "PEO" - Professional gineers Ontario "SAE Society of Autx motive Engineers "SCC" Standards Cot ncil of Canada "SSPC" - Structural Stef I Painting Council "UL" _ Underwriters boratories "ULC" Underwriters oratories Canada GC 1.03 Gender nd Singular References .01 References to the masculin or singular throughout the Contract Documents shall be considered to include the feminine and the plural and vice versa,as the context requires: GC 1.04 Definitions 01 For the purposes of this Contract the following definitions apply: Actual Measurement means t a 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. Pape 6 Rev.Date: 1 MM OPSSNUM 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 Wok or Extra Work be performed. Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes in 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.O.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities,and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership, or corporation designated by the Owner to be the 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 fisted in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contrail Plans mean drawings or plans, any Geotechnical Repot, 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 repots, 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 Wok,including any extension of Contract Time made pursuant to the Contract Documents. Page 7 Rev.Date: 1112016 OPSS.MUNi I DO 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 meanii ig as"Time and Material." Cut-Off Date means the date u to which payment shall be made for work performed. Daily Work Records mean daily Records detailing the number and categories of workers and hours worked or on standby,types and quantities of Equipment and number of hours in use or on standby, and description and quantifies of Material utilized. Day means a calendar day. Drawings or Plans mean any Contract Drawings or Contract Plans,or any Working Drawings or Working Plans,or any reproductions of awings or plans pertaining to the Work. End Result Specification ans specifications that require the Contractor to be responsible for supplying a product or part of it e Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensura a with the degree of compliance with the specification. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context �- Extra Work means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential lib the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract, including variations in tender Items and Extra Work, ail 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 pr posed 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 arid 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 sai ne process. tPage 8 Rev.Date: 1112008 OPSS.MUNI 100 f Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000,or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material means material,machinery,equipment and fixtures forming part of the Work. Owner means the party to the Contract for whom the Work is being performed, as identified in the Agreement,and includes,with the same meaning and import,"Authority." Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete,hydraulic cement concrete, Portland cement concrete,or plant or road mixed mulch. Performance Bond means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project means the construction of the Work as contemplated by this Contract Quantity Sheet means a list of the quantities of Work to be done. Quarried Rock means material removed from an open excavation made in a solid mass of rock that, prior to removal,was integral with the parent mass. Quarry means a place where Aggregate has been or is being removed from an open excavation made in a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to removal,was integral with the parent areas. Rate of Interest means the rate of interest as determined under the Financial Administration Act by the Minister of Finance of Ontario and issued by,and available from,the Owner. Records mean any books, payrolls,accounts,or other information that relate to the Work or any Change in the Work or claims arising therefrom. Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions mean directions containing requirements specific to the Work. Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owner for performance of the Work. r Subbase means a layer of material of specified type and thickness between the Subgrade and the Base. Page 9 Rev.Date: 11/2006 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, S,bbase,and Pavement. Subsurface Report means a r rt 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 writin from the Contractor,submitted in the format prescribed by the Owner, to complete the Work. Time and Material means coss calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where"Cost Plt ie 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 incluc as 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 specilled 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 la ids and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day, a) except Saturdays,Sundays end statutory holidays; b) except a Day as determin 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 I east 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, L any breach of the Con t by the Owner or if such prevention is due to the Owner, another contractor hired by the Dwner, or an employee of any one of them, or by anyone else acting on behalf of the Owner. ii. nondelivery of Owners upplied Materials. Iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator. Page 10 Rev.Date: 11/2006 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 L 3%of the first$500,000 of the Contract price, ii. 2%of the next$500,000 of the Contract price,and iii: I%of the balance of the Contract price. .02 For the purposes of this Contract,where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion,correction of a known defect,or last supply is not more than the lesser of, a) 1%of the Contract price;or I b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time,the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words .01 The words "acceptable," "approval," "authorized," "considered necessary," "directed," "required," "satisfactory; or words of like import, shall mean approval of, directed, required, considered necessary, or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates otherwise. Page 11 Rev.Date: 1112006 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: a) The location of all ma' line underground Utilities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and H. 0.3 m verfical 02 The Owner does not warrant or make any representation with respect to: a) interpretations of data r opinions expressed in any Subsurface Report available for the perusal of the Contractor,whet er or not such report is included as part of the Contract Documents, and b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take prec(dence and govern in the following descending order: a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specification f) Standard Drawings g) Instructions to Tende rs h) Tender i) Supplemental Generat 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 confl among or inconsistency in the information shown on Drawings, the followng 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 shah govern over those of smaller scale; Page 12 Rev.Date: 1112006 OPSS.MUNI 100 c) Detailed Drawings shall govem over general Drawings;and d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following descending order of precedence shall govern: a) Owner's Standard Specifications b) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincial Standard Specifications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Page 13 Rev.Dale: 1112006 OPSSAUNI 100 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority 01 The Contract Administrator shall be the Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate,whichever is later. All instructions to a Contractor, including instructions from the Owner, shall be issued by the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor .03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard Specifications, and to recoi d the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the case of a lump sum price Contract. 04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. 05 The Contract Administrato, shall, with reasonable promptness, review and take appropriate action upon the Contractor's si bmissions such as shop drawings, product data, and samples in accordance with the Contr ct Documents. 06 The Contract Administrato, shall investigate all allegations of a Change in the Work made by the Contractor and issue apprc priate instructions. .07 The Contract Administrat shall prepare Change Directives and Change Orders for the Owner's approval. 08 Upon written application by the Contractor,the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both. .09 The Contract Administrato shall be, in the first instance, the interpreter of the Contract Documents and the judge of the pert mrance thereunder by both parties to the Contract. Interpretations and decisions of the Contract A dministrator shall be consistent with the intent of the Contract Documents and,in making these decis ons,the Contract Administrator shall not show partiality,to either party. .10 The Contract Administra shall have the authority to reject part of the Work or Material that does not conform to the Contrac Documents. 11 In the event that the Conh act Administrator determines that any part of the Work performed by the Contractor is defective, wl iether the result of poor workmanship; the use of defective material; or damage through careless,ess or other act or omission of the Contractor and whether or not incorporated in the Work or otherwise fails to conform to the Contract Documents, then the Contractor shall if directec by the Contract Administrator promptly remove the Work and replace, make good,or re-execute i he Work at no additional cost to the Owner. 12 Any part of the Work destroyed or damaged by such removals, replacements,or re-executions shall be made good, promptly,a no additional cost to the Owner. Page 14 Rev.Date: 1112006 OPSS.MUNI 100 G .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents,the amount that will be determined in the first instance by the Contract Administrator. .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner,the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. .15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work;or c) for the Contractor to remedy non-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 Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act,and Regulation 309 of the Environmental Protection Act. AT If the Contract Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act,or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contract Administrator. GC 3.02 Working Drawhhgs .01 The Contractor shall arrange for the preparation of dearly 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 riot 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 retum of Working Drawings. Waking Drawings shall be submitted in printed torn. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed upon schedule,or otherwise,with reasonable promptness so as not to cause delay. .04 The Contract Adnrnistrator's review shah be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or anissions in the Waking Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Wonting Drawings has been approved in writing by the Contract Administrator. Page is Rev.Date: 1112006 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 Work related to the W g 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 Dne set of the reviewed Working Drawings, marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment 01 The Contractor shall,when requested in writing, make alterations in the method, Equipment, or work force at any time the Cor tract Administrator considers the Contractors 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 Nith work being performed by others. .03 Notwithstanding the forego ng, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Situations 01 The Contract Administrator has the right to determine the existence of an emergency situation and, when such an emergency,situation is deemed to exist, the 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 avail le,the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If th emergency situation was not the fault of the Contractor,the Owner shall pay for the remedial work. GC 3.05 Layout 01 The Contract Administraf shall provide baseline and benchmark information for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the informag Dn 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 OPSS.MUNI 100 d) Additional Work,clause GC 3.10.03. .03 The Contract Administrator shall,in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions,errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor 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 with subsection GC 3.15,Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor stall, 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 lock-outs, including lock-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound, are beyond the Contractor's control, which then the Contract Time shall be extended in accordance with subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be 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 3.08 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written consent of the Owner. Page 17 Rev.Date: 1112006 OPSS.MUNI 100 GC 3.09 Subcoi tracting by the Contractor 01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents. 02 The Contractor shall notiN the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. 03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall include the reasons for the rejection. 04 The Contractor shall not,without the written consent of the Owner,change a Subcontractor who has been engaged in accordance with this subsection. 05 The Contractor shall presei ve and protect the rights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements ith the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractors Subcontractors and of persons direct or indirectly employed by them as for acts and omissions of persons directly employed by th a Contractor. .06 The Owner's consent to i ubcontracting by the Contractor shall not be construed to relieve the Contractor from any oblige on under the Contract and shall not impose any liability upon the Owner. Nothing contained in the ontract Documents shall create a contractual relationship between a Subcontractor and the Owr er. GC 3.10 Changes GC 3.10.01 Changqs in the Work 01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in The Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change in the Work. 02 The Contractor may apply an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contact Time. .03 If the Change in the Work relates solely to quantities, payment for that part of the Work shall be made according to the conc itions specified in clause GC 8.01.02,Variations in Tender Quantifies. If the Change in the Work does not solely relate to quantities,then either the Owner or the Contractor may initiate negotiations upwards or downwards for the adjustment of the Contract price in respect of the Change in the W&i pursuant to subsection GC 3.13, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. Page 18 Rev.Date: 11/1008 OPSSAUNI 100 GC 3.10.02 Extra Work .tit The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations. Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work,the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, . Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04,Payment on a Time and Material Basis. GC 3.11 Notices .01 Any notice permitted or required to be given to time 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 at the commencement of the Work,and update as necessary. .03 In the event of an emergency situation or other urgent matt er 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 .tit Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance,provided that at least 30 Days written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of time Work in accordance with the Contract Page 19 Rev.Date: 11/2006 OPSS.MUNI 100 Documents. The Owners all 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 Contin ance 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 difigencA 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 commen ing work that may result in a claim, the Contractor shall keep Daily Work Records during the coursi of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator sh 1 keep Daily Work Records to be used in assessing the Contractor's claim,all in accordance wil i clause GC 8.02.07,Records. .02 The Contractor and the Cc itract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail reconcile their respective Daily Work Records,then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. 03 The keeping of Daily Wo Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure .01 The Contractor shall give verbal notice of any situation that may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provicle written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work that may be affected by the situation. 03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds,contractual or otherwise,upon which the claim is made;and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator, .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to a4 sess the claim. The Contractor shall submit the requested information within 30 Days of receipt such request. Page 20 Rev.Date: 11/2006 OPSS.MUNI 100 f I; I h .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 resolving the issue themselves prior to proceeding to arbitration the mediator shall provide,without prejudice,a non-binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.13.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally sham 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 that the requirements set out in this subsection are fulfilled. GC 3.14 Arbitration GC 3.14.01 Conditions of Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations,or the mediation stage noted in clause GC 3.13.05, Mediation,either party may invoke the provisions of subsection GC 3.14,Arbitration,by giving written notice to the other party. Page 21 Rev.Dare: 1120M OPSS.MUNI 100 .02 Notification that arbitrati 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 3.14,Arbitration. GC 3.14.02 Arlo Ion Procedure 01 The following provisions a to be included in the agreement to arbitrate and are subject only to such right of appeal as exist w ere the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in r spect of the matters under arbitration shall be stayed pending arbitration; b) All outstanding claims nd matters to be settled are to beset out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated;and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule GC 3.14.03 Appoi ant of Arbitrator 1 01 The arbitrator shall be mutt ally agreed upon by the Owner and Contractor to adjudicate the dispute. .02 Where the Owner and Con ractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in parai raph GC 3.14.01.02,the Owner and the Contractor shall each choose an appointee within 37 Days the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc., which may select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. 04 The arbitrator shall not be interested finarx:ially in the Contract nor in either party's business and shall not be employed by either party. .05 The arbitrator may appoint ndependent 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 evid nce that the arbitrator considers relevant. .07 The hearing shall commerx a 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 01 vner and the Contractor. Page 22 Rev.Date., 1 V2006 OPSS.MUN1 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 reasonable costs,related to the arbitration. GC 3.14.05 The Decision .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06,Payment GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall 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 Contractors 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. li Page 23 Rev.Date: 11/2006 OPSS.MUNI 100 r SECTION Gr.4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area 01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the construction of the Work, Including temporary working easements, and shall indicate the full extent of the Working Area on the Contract Drawings. 02 The Geotechnical Report d Subsurface Report that may be provided by the Owner as part of the tender documents shall Ion i part of the Contract Drawings. GC 4.02 Approy kis and Permits .01 The Owner shall pay for all alumbing and building permits. .02 The Owner shall obtain ai d pay for all permits, licences, and certificates solely required for the design of the Work. GC 4.03 Managament 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 regulati Dns under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended,the Owner ad 'sea that, a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substarce asbestos may be present in cement products, asphalt, and conduits for Utilities; c) the following hazardo materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, ind Portland cement;and d) exposure to these sub tances may occur as a result of activities by the Contractor such as sweeping,grinding,cru hing,drilling,blasting,cutting,and abrasive blasting. .03 The Owner shall identify i the Contract Documents any designated substances or hazardous materials other than those' entitled above and their location in the Working Area. 04 If the Owner or Contract discovers or is advised of the presence of designated substances or hazardous materials that re in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract ments according to paragraph GC 4.03.03,then verbal notice shah be provided to the other party' mediately with written confirmation within 2 Days. The Contractor shall stop work in the area i .ately and shall determine the necessary steps required to complete the work in accordance with a ficable legislation and regulation. 05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material rot identified in the Contract Documents, or where conditions exist that could not have been reasoiably 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 the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property .01 The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or otherwise, on which construction operations are to take place in accordance with the terms of this Contract. .03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers,Subcontractors,and Equipment, as well as railway property throughout the duration of the Contract. GC 4.05 Default by the Contractor .01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator has given a written statement to the 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 Contractors contractual obligations and Instruct the Contractor to correct the default in the 5 Waking Days immediately following the receipt of such notice. A2 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or it 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 Walking 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: 7 V2006 OPSS.MUNI 100 . GC 4.07 Owner' 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 Corre ct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remeJy 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. i GC 4.08 Termin iffion 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 Com ct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or reme y the Owner may have, may terminate the Contractor's right to continue the Work in whole or in pa 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 die Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor,as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor reasonable allowance, as determined by the Contract Administrator, to cover correction to the ork performed by the Contractor that may be required under subsection GC 7.16,Warranty; f) charge the Contractor fix any damages ft Owner sustained as a result of the default;and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.16,Warranty,exceedis the allowance provided for such corrections. GC 4.09 Final P yment to Contractor .01 If the Owner's cost to corn 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 Teffnination 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 i nay have,terminate the Contract by giving written notice of termination to the Contractor,the Surety, and any trustee or receiver acting on behalf of the Contractor's estate or creditors. Page 26 Rev.Date: 1112006 OPSS.MUNI 100 i .02 If the Owner elects to terminate the Contract, the Owner may provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.11 Continuation of Contractor's Obligations .01 The Contractors 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 Contractors right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.12 Use of Performance Bond .01 If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of Section GC 4.0, Owners 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. i Page 27 Rev.Date: 1112008 OPSS.MUNI 100 i SECTION GC 5.0-MATERIAL GC 5.01 Suppy of Material .01 All Material necessary for he proper completion of the Work, except that listed as being supplied by the Owner, shall be suppl'3d by the Contractor. The Contract price for the appropriate tender items shall be deemed to includo full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by lie 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 eve lable, for inspection or testing,a sample of any Material to be supplied by the Contractor. 04 The Contractor shall obta' 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 I esting. 06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give stificient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. 08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of such Material shall be subjact 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 inspecUcn or testing methods required for the Material. Any approval given by the Contract Administrator for tie 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 a Wok 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 planner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. ,� Page 28 Rev.Date: 11 @006 OPSSAUNI 100 i GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid,and such other information as the Contract Administrator may require. .02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first$1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such$1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owners standard form of "Certification of Equality" and, if any adjustment to the Contract price is made by reason of such substitution,a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator,and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor,it shall be replaced or repaired by the Contractor at no expense to the Owner,and to the satisfaction of the Contract Administrator. if such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery pant in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shag be made good by the Contractor at no extra cost to the Owner. Page 29 Rev.Dale: 1 VAN 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 Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes otter 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 proi of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents_ .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. .07 Where Material supplied b the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no 4 xtra cost to the Owner, immediately upon commencement of operations, check the Material, report a ny damage or deficiencies to the Contract Administrator and take charge of the Material at the stoo cpile site. Where damage or deficiencies are not so recorded by the Contractor, it shall be a&umed 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 extr 3 cost to the Owner. Page 30 Rev.Date., 11/2006 OPSS.MUNI 1W I r SECTION GC 6.0-INSURANCE,PROTECTION AND DAMAGE GC 6.01 Protection of Work,Persons and Property .01 The Contactor, the Contractor's agents, and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below. .02 The Contractor is responsible for the full cost of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of 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 commotion; 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 pernission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the Owner,except by a release duly executed by the Owner_ GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses,costs,damages,actions,suits,or proceedings by third parties,hereinafter called"claims", 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 party; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable;and c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or,where so specified in the Contract Documents,from the date of certification of Final Acceptance. Page 31 Rev.Date: 1120W OnSWUNI 100 .02 The Contractor shall inde nify and hold harmless the Owner from all and every claim for damages, royalties or fees for the i fringement 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 than those stated in paragraphs GC 6.02.01 and GC 6.02.0 2. 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 Contra ors Insurance GC 6.03.01 Genera .01 Without restricting the ga ierality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pal for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance erage in causes GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in a Contract Documents. 02 The Contractor shall provi: the Contract Administrator with an original Certificate of Insurance for each type of insurance co rage that is required by the Contract Documents. The Contractor shall ensure that the Contract At ministrator is; at all times in receipt of a valid Certificate of Insurance for each type of insurance w arage, in such amounts as specified in the Contract Documents. The Contractor will not be pern tted to commence work until the Contract Administrator is in receipt of such proof of insurance. I ie Contract Administrator may withhold payments of monies due to the Contractor until the Contrac or has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 Genera Liability Insurance 01 General liability insurance all be in the name of the Contractor, with the Owner and the Contract Administrator named as ac ditional insureds, with limits of not less than five million dollars inclusive per occurrence for bodily ir jury, death, and damage to property including loss of use thereof, with a property damage deductib e of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100. .02 Another forth of insurance equal to or better than that required in IBC Form 2100 may be used, provided all the requirements fisted 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 m . fain in force such policies of insurance specified by the Contract Documents at all tines from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contract Documents. 04 The Contractor shall submit annually to the Owner,proof of continuation of the completed operations coverage and,if the Contractor fails to do so,the limitation period for claiming indemnity described in paragraph GC 6.02.01 c),sliall not be binding on the Owner. Page 32 Rev.Date., 112008 OPSSAUNI 100 i .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change or amendment restricting coverage. .07 "Claims Made"insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days written notice in advance of any cancellation,change,or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement,and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.04.01 Aircraft Liability Insurance .01 Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury,death,and damage to property including loss of use thereof, and limits of not less than five million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation,change,or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance .01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation,change,or amendment restricting coverage. GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor,with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the full value, as may be stated in the Contract Documents, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a forth acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work,as set out in the Final Acceptance Certificate. Page 33 Rev.Date: 1112008 OPW.MUNI 100 GC 6.03.05.02 Boiler nsurance .01 Boiler insurance insuring Is interests of the Contractor, the Owner and the Contract Administrator for not less than the reph cement value of boilers and pressure vessels forming part of the Work, shall be in a form accepU ble to the Owner. This insurance shall be maintained continuously from commencement of use a operation of the property insured until 10 Days after the date of Final Acceptance of the Work,a set out in the Final Acceptance Certificate. GC 6.03.05.03 Use ar I Occupancy of the Work Prior to Completion .01 Should the Owner wish to se or occupy part or all of the Work prior to Substantial Performance, the Owner shall give 30 Days nitten 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 co t, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If be ause of such use or occupancy the Contractor is unable to provide coverage, the Owner upo i written notice from the Contractor and prior to such use or occupancy shall provide,maintain,an I pay for property and boiler insurance insuring the full value of the Work, including coverage for suc i 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 I armination 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 aid 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 nder the Contract, except that the Contractor shall be entitled to such reasonable extension of 0 intract Time relative to the extent of the loss or damage as the Contract Administrator may decide ij consultation with the Contractor. GC 6.03.05.04 Paymei I for toss or Damage .01 The Contractor shall be an'tled to receive from the Owner, in addition to the amount,due under the Contract, the amount at wi ich the Owner's interest in restoration of the Work has been appraised, such amount to be paid s the restoration of the Work proceeds, and in accordance with the requirements of Section 0 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 pa f the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in a dance 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 shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation,change,or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractors Equipment GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner,on a form acceptable to the Owner, proof of insurance prior to commencement of the Work and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, 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 insurance immediately following completion of renewal. .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents,then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owners 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 futfilment of the Contract. Page 35 Rev.Oaw 1112006 OPSS.MUNI 100 GC 6.05 Workplace Safety and Insurance Board .01 The Contractor shall provkle the Contract Administrator with a copy of a Certificate of Clearance indicating the ContractorE good standing with the Workplace Safety and Insurance Board, as follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. b) Priorto issue of the Ce 'ficate of Substantial Performance. c) Prior to expiration of Warranty Period. d) At any other time when requested by the Contract Administrator. 1 t Page 36 Rev.Date: 112006 OPSSAUNI 100 f SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .011 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. .05 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary 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 construction in the same manner that the Contractor is responsible for the execution of the Work. .07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1090, 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 Woking Area, or, In the absence of an office, in the possession of the supervisor responsible for the performance of the Wok; 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 wok 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: 1112006 OPSS.MUNI 100 f) all Subcontractors an 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 Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the AA and the Regulations in any investigations of worker health and safety in the performance of the W)rk. The Contractor shall indemnify and save the Owner harmless from any additional expense # it the Owner may incur to have the Work performed as a result of the Contractor's failure to corn ily 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 contro ad under the Workplace Hazardous Materials Information System or WHMIS,which the Contra tor 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 a used and provide relevant Material Safety Data Sheets. 10 The Contractor shall he an authorized representative on the site while any Work is being performed,to supervise th Work and act for or on the Contractor's behalf. Prior to commencement of construction, the Con ctor shall notify the Contract Administrator of the names; addresses; positions; and cell phone, pager, and telephone numbers of the Contractor's representatives who can be contacted at any t' to deal with matters relating to the Contract,and update as necessary. .11 The Contractor shall desk iate a person to be responsible for traffic control and work zone safety. The designated person sh 11 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 actual danger to workers and motorists. Prior to the commencement of construction, the Contrail r shall notify the Contract Administrator of the name; address; position; cell phone,pager,and tele ihone numbers of the designated person,and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Working Area at all times. 12 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities, and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. 13 The Contractor she# prepare and update, as required, a construction schedule of operations, indicating the proposed me thods of construction and sequence of work and the time the Contractor proposes to complete the Y arious items of work within the time specified in the Contract Documents. The schedule shall be sut mitted to the Contract Administrator within 14 Days from the Contract award. If the Contractor's 4 chedule is materially affected by changes,the Contractor shall submit an updated construction sche Jule, if requested by the Contract Administrator, within 7 Days of the request This updated sch idule shall show how the Contractor proposes to perform the balance of the Work,so as to complet 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 Administrator and shall not proceed with the activity affected until recei 'ig direction from the Contract Administrator. .15 The Contractor shall propp Jy notify the Contract Administrator in writing if the subsurface conditions observed in the Working An ia differ materially from those indicated in the Contract Documents. Page 38 Rev.Date: 1112006 OPSS.MUNI 100 i .16 The Contractor shall arrange with the appropriate Utility authorities for the stake out of all underground Utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs prior to commencing the Work and in the event that there is a discrepancy between the location of the 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 and the Contractor shall locate ' on site time property bars, baselines,and benchmarks that are necessary to delineate the Working Area and to lay out the Work,all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged, or removed by the Contractor's operations shall be replaced under the supervision of an Ontario Land Surveyor,at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks,and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out,so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 AN 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 Contractors sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. Page 39 Rev.Date: 1172006 OPSS.MUNI 100 .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received pilorwritten 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 ny improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment,whether licensed or unlicensed Equipment,the Contractor shall,on the i' 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, I. 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 haulin Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle regist ation 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, whet or such vehicle is registered in the name of the Contractor or otherwise, except where there are di signaled areas within the Working Area where overloading is permitted. The Contractor shall bear I ie onus of weighing disputed loads. ' GC 7.06 Condit on of the Working Area .01 The Contractor shall maintain the Working Area in a fidy 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 ke t 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 aid 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 oonstructiort. 03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilita construction of the Work in accordance with the OTM. Any temporary lane closures shall be kepi to a minimum. .04 The Contractor shall not b 3 required to maintain a road through the Working Area until such time as the Contractor has comn,enced 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 icing chemicals or abrasives or carry out snowplowing. .05 Where localized and saps ted 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 loci led within the limits of the Highway affected by the Contractors general operations under the Cont at .06 Where the Contract Docur ients provide for or the Contract Administrator requires detours at specific locations,payment for the construction of the detours and,9 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.MUM 100 i .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable,safe,and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator,the constriction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. .10 Where,with the prior written approval of the Contract Administrator, the Highway is closed and the traffic diverted entirely off the Highway to any other Highway,the Contractor shall, at no extra cost to the Owner, supply,erect, and maintain traffic control devices in accordance with the OTM. .11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, 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 Contractor shall provide at all times and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves,and all other Utilities located in the Working Area. .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.09 Approvals and Permits .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.09.01. � r Page 41 Rev.Date: 11/2006 OPSSALINI 100 t t GC 7.10 Suspension of Work .01 The Contractor shall, upor written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances,shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract I .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice,terminate the Contract. .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or o 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 Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administritor fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement nd Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certificaf and Payment, the amounts cerfified by the Contract Administrator or within 30 Days of an a' and by an arbitrator or court or c) the Owner violates the requirements of the Contract 04 The Contractor's written n Lice to the Owner shall advise that if the default is not corrected in the 7 Days immediately followirx receipt of the written nofice,the Contractor may,without prejudice to any other right or remedy the tractor may have,stop the Work or terminate the Contract 05 If the Contractor terminate 5 the Contract under the conditions set out in subsection GC 7.11, the Contractor shall be entitlec to be paid for all work performed according to the Contract Documents and for any losses or clary age as the Contractor may sustain as a result of the termination of the Contract. GC 7.12 Notices by the Contractor 01 Before work is carried out that may affect the property or operations of any Ministry or agency of government or any person company; partnership; or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as a prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person,company,partnership,corporation,board,or commission so affected. 02 In the case of damage to interference with any Utilities, pole lines, pipe tines,conduits,farm tiles, or other public or private) owned works or property, the Contractor shall immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such damage or interference. Page 42 Rev.Date: 112008 OPSSAL NI 100. GC 7.13 Obstructions .01 Except as otherwise noted in these General Conditions,the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss,damage,or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man-made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in constriction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a , safe and satisfactory condition, the Contractor shall not cant'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 7.16 Cleaning Up Before Acceptance j .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the Owner,unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, constriction 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 pemut such performance. .02 Subject to the previous paragraph the 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 f Work,as set out in the Certificate of Substantial Performance of the Work, Page 43 - Rev.Date: 11/2006 OPSS.MUNI 100 j�w b) where the work is c plated after the date of Substantial Performance, 12 months after Completion of the Wo , c) where there is no Certi icate 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 Administratoi shall promptly give the Contractor written notice of observed defects or deficiencies. 03 The Contractor shall cc ct or pay for damage resulting from corrections made under the requirements of paragraph.GC 7.16.02. GC 7.17 Contra or'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 stall be removed from the work and shall not be employed on the work again without the consent ii i writing of the Contract Administrator. GC 7.18 Drain e .01 During construction and unit the Work is completed,the Contractor shall make all reasonable efforts to keep all portions of the I Vork property and efficiently drained, to at least the same degree as that of the existing drainage cot ditions. r r t Rage 44 Rev.Date: 1112006 OPSS.MUNI 100- SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities , .01 The Contract Administrator shall make an Estimate once a month, in writing,of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut-Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of Work completed. .03 Measurement of the quantifies of the Work performed may be either by Actual Measurement or by Plan Ouanfity principles as indicated in the Contract. Adjustments to Plan Quantity measurements shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column shall be paid according to the Plan Quantity. Items where the notation (P)does not occur shall be paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tender Quantities ' .01 Where it appears that the quantity of Work to be done or Material to be supplied or both by the Contractor under a unit price tender item may exceed or be less than the tender quantity, the Contractor shall proceed to do the Work or supply the Material or both required to complete the tender item and payment shall be made for the actual amount of Work done or Material supplied or both at the unit prices stated in the Tender except as provided below. a) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed or Material supplied or both which exceeds 115% of the tender quantity. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the actual cost of doing the Work or supplying the Material or both under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major item where the quantity of Work performed or Material supplied or both by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the urderrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively,where both parties agree,an allowance equal to 10%of the unit price on the amount of the undernm in excess of 15% of the tender quantity shall be paid. Written requests for compensation must be received no later than 80 Days after the issuance of the Completion Payment Certificate. Page 45 Rev.Date: 112006 OPSSA IN1 100 . GC 8.02 Payment GC 8.02.01 Price fx Work .01 Prices for the Work shall tie full compensation for all labour, Equipment and Material required in its performance. The term"all labour,Equipment,and Material'shall include Hand Tools,supplies,and other incidentals. .02 Payment for work not s ifically detailed as part of any one item and without specified details of payment shall be deemed o be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material i� .01 The Owner shall make a ance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall liver the Material to a site approved by the Contract Administrator and the Contractor shall, ir advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities. b) The value of aggregites, processed and stockpiled, shall be assessed by the following procedure: L Sources Other The n Commercial (1)Granular A, B BI, Bit, Bill, M, and O shall be assessed at the rate of 60% of the Contract price. (2)Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland came it concrete shall be assessed at the rate of 25%of the Contract price for each aggregate stockpiled. ii. Commercial Sources Payment for sepa led coarse and fine aggregates shall be considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product. Advance payments for other materials ocated at a commercial source shall not be made. c) Payment for all oth4 r materials, unless otherwise specified elsewhere in the Contract Documents, shall be b sed on the invoice price,and the Contractor shall submit proof of cost to the Contract Administr,itor before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the Item to cover the value of the material. Such payment shall not exceed 80%of the Contract pr ce for the item. e) All Materials for which he Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shag thenceforth be held by the Contractor in trust for the Owner as cdlateral security for any monies advanced by the Owner and for the ue completion of the Work. The Contractor shall not exercise any act of ownership inconsisteril 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 shag be responsible for any loss, damage,theft, improper use,or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01,such payment hall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined wt en the material meets the requirements of the appropriate specification. Page 46 Rev.Date: 112006 DPSSAUN1100 1 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-off; e) the amount of GST,as applicable;and f) the amount due to the Contractor. r .03 One copy of the progress Payment Certificate shall be sent to the Contractor. .04 Payment shall be made within 30 Days of the Cut-Off Date. GC 8.02.03.02 Certification of Subcontract Completion i .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. .03 The Contract Administrator shall set out in 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 inther 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; Page47 Rev.Date: 11/2006 OPSS.MUNI 100 , c) a satisfactory cleara a 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 8.02.03.0 .01 d), shall only apply to Lump Sum Items and then only when the Contract Administrator spievifically requests it. .03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the sut contract. .04 Release of statutory hold ack by the Owner in respect of a subcontract shall not relieve the Contractor,or the Contractors Surety,of any of their responsibilities. ' GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has been substantially performed, the Contract Administrator shall issue a Certificate of Substantial Performance. .02 Upon verifying that the Contract has been substantially performed, the Contract Administrator shall issue a certificate of Substantial Performance and shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially perfomled and, within 7 Days after signing the said certificate, a Contract Administrator shall provide a copy to the Contractor. .03 Upon receipt of a copy of a Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32 1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy c the certificate in a construction trade newspaper. Such publication shall. include placement in the D ily Commercial News. ' 04 Where the Contractor fail to publish a copy of the Certificate of Substantial Performance as required above within 7 1 lays after receiving a copy of the certificate signed by the Contract Administrator,the Owner m y publish a copy of the certificate at the Contractor's expense. 05 Except as otherwise pro ' for in Section 31 of the Construction Lien Act, the 45 Day lien period prior to the release of ho back as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Ho back Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdbac k Release Payment Certificates .01 When the Contract Admini trator issues the Certificate of Substantial Performance, the Contract Administrator shall also issi ie the Substantial Performance Payment Certificate and the Substantial Performance Statutory Ho back Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial Performaric a 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 status ry holdback,allowing for any previous releases of statutory holdback to the Contractor in respec t of completed subcontracts and deliveries of pre-selected equipment; Page 48 Rev.Date: 112006 OPSS.MUNI 100 I d) the amount of maintenance security required; and e) the amount due the Contractor. , .03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the ' payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work 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 form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13,Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks 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, within 7 Days of signing the said certificate, the Contract Administrator shall ' provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall ' also issue time 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 reusing 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 Conn Lien Act and the submission by the Contractor of the following documents: Page 49 Rev.Date: 1112006 OPSS.MUNI 100 i' a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged,qual tied 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 finteres 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 compl ted; c) Subcontract Statutory I ioldback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performa Payment Certificate: 30 Days after the date of issuance of the certificate; e) Substantial Performa Statutory Holdback Release Payment Certificate: 76 Days after publication of the Pa nt Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Com etion;and g) Completion Statutory H Didback Release Payment Certificate: 76 Days after the date certified as the date that the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest shall only begin to accrue when the Contractor has completed those requirements. Page 50 Rev.Date: 1112006 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 not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.13,Claims,Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in , paragraph GC 3.13.03.03 for submission of claims,interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set-Off .01 Pursuant to Section 12 of the Construction 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 that have not been determined in writing by the Contractor's , insurer,undetermined claims by the Owner under paragraph GC 8.01.02.01 a),any assessment due the Workplace Safety and Insurance Board,and any monies to be paid to the workers in accordance 4 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 folkyMng definitions apply: Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision but shall not include any payment or costs incurred for general supervision, administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden ' for which the Contractor is compensated by any payment made by the Owner for Equipment Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such t arrangements have been made by the Contractor for completing the Work, as shown by itemized pl invoices. Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 51 Rev.Date: 11/2006 OPSS.MUNI 100 Payroll Burden means the yments in respect of workplace insurance, vacation pay, employment insurance, public liability and pr perly damage insurance,sickness and accident insurance, pension fund, and such other welfare and bar efit payments forming part of the Contractor's normal labour costs. Rented Equipment means eqt ipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a pe ' n, firm, or corporation that is not an associate of the lessee as the word °associate" is defined by the scurides Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. ' Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking lots and includes all work incidentals thereto other than work on structures. Sewer and Watermain Wook 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 peric d 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 r 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 Admir istrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subj ad to all the terms,conditions, Standard Specifications and provisions of the Contract. Working Time means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operatior opera ' and the first 2 hours of each immediately following period during which the unit is not so engaged but d iring which the operation is otherwise proceeding and during which time the unit cannot practically be nsferred to other work but must remain on the site in order to continue with its assigned tasks and durir g which time the unit is in a fully operable condition. GC 8.02.04.02 Daily M,,ork Records 01 Daily Work Records, prep d as the case may be by either the Contractor's representable or the Contract Administrator re ng the labour and Equipment employed and the Material used on each Time and Material project should be reconciled and signed each Day by both the Contractor's representative and the Contract Administrator. If it is not possible to reconcile the Daily Work Records, then the Contractor shall submit the un-reconciled Daily Work Records with its claim, whereby the resolution of tire dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. i Page 52 Rev.Date: 1112006 OPSSAUN1 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%of any portion of the Cost of Labour in excess of $3,000. , .02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so , determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material .01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120%of the Cost of the Material up to$3,000, then at 115% of any portion of the Cost of Material in excess of$3,000. GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 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 adjustment as follows: I 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 , •Time and Material Basis at 110%of the invoice price approved by the Contract Administrator up to • maximum of 110% of The 127 Rate. This constraint shag 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.Date: 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 1 the Work on Time and aterial Basis to be returned to the lessor until the work requiring the equipment can be resume . The Owner shall pay such costs as a result from such return. .04 When Equipment is trans rted, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area n a Time and Material basis, payment shall be made by the Owner only in respect of the transpor Ing units. When Equipment is moved under its own power it shall be deemed to be working. he method of moving Equipment and the rates shall be subject to the approval of the Contract A ministrator. GC 8.02.04.07 Paym t 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 101 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontrac on a Time and Material basis and has received approval prior to the commencement of such Atork, 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 mark ip calculated on the following basis: a) 20%of the first$3,000;plus b) 15%of the amount fr $3,000 to$10,000; plus c) 5%of the amount in ex s of$10,000. ,02 No further markup shall be 3pplied regardless of the extent to which the work is assigned or sublet to others. If work is assignec or sublet to an associate, as defined by the Securitres Act, no markup whatsoever shall be appliec. 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 he 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 lumber and covering dates of the work and shall itemize separately the labour, Materials, and Equ pment. Invoices for Materials, Rented Equipment, and other charges incurred by the Contractor n the Work on a Tim and Material Basis shall be included with each summary. Page 54 Rev.Date: t VP0g6 ons.mum too I 1 , r .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time and Material Basis .01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the work,including all cost of general supervision, administration, and management time spent on the work,and no other payment or allowance shall be made in respect of such work. , GC 8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as the case may be,and the Contractor has discharged all obligations under the Contract. GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers , employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or otter person on the Work is paid less than the amount required to be paid under the Contract,the Owner may set off monies in accordance with clause GC 8.02.03.11,Owner's Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the 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 unfit 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the ' Work, Extra Work,and claims arising therefrom for a sirnilar period of time. .02 The Owner may inspect and audit the Contracto's Records relating to the Work, Extra Work, and Changes in the Work at any time during the period of the Contract The Contractor shall supply certified copies of any part of its Records required,whenever requested by the Owner. Page 55 Rev.Date: 1112006 OPSS.MUNi 100 i GC 8.02.08 Taxes `i .01 Where a change in Canad an Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this ch4 nge could not have been anticipated at the time of bidding, the Owner shall increase or decreasD 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 shah submit to the Contract Administrator, on fors provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. i 04 Changes in Canadian Federal or Provincial taxes that impact upon commodities,which when left in place for part of the finished Work, or the provision of services, where such services for part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by he 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 th 3 Contract,the Contractor shall pay such amounts as are specified in the Contract Documents. 1 i Page 56. Rev.Date: 11/2006 OPSS.MUNI 100