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HomeMy WebLinkAbout2009-037. ,. ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW(2008-037) 2009-037 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Dig-Con International Ltd., Bolton, Ontario, to enter into agreement for Courtice Millennium Trail Bridge Construction, Courtice, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Dig-Con International Ltd., Bolton, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 24th day of March, 2009. By-law read a third time and finally passed this 24th day of March, 2009. _- "'~ Municipal Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON LION'S TRAIL PEDESTRIAN BRIDGE OVER BLACK CREEK, COURTICE CONTRACT NO. CL2009-1 January 2009 3 ~§ ~ i ~~t~ {i-n ~"~: L Project No. 12-29620 ~~~1I1~°`~OIl Leading the Way Municipality of Clarington EXECUTEDCONTRACT___ CORPORATION OF THE MUNICIPALITY OF CLARINGTON LION'S TRAIL PEDESTRIAN BRIDGE OVER BLACK CREEK, COURTICE CONTRACT NO. CL2009-1 January 2009 AECOM J Project No. 12-29620 AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: DIG-CON INTERNATIONAL LIMITED of the Regional Municipality of Peel and Province of Ontario hereinafter called the Contractor THE PARTY OF THE FIRST PART -and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called. the Purchaser THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. 1 Page 1 of 3 I~ ~~ ~~ DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Lion's Trail Pedestrian Bridge Over Black Creek, Courtice, Contract No. CL2009-1, Municipality of Clarington Addendum No. 1 dated January 20, 2009 A. TENDER FORM: General Itemized Bid Bonds Schedule of Tender Data B. STANDARD TERMS AND CONDITIONS C. SCHEDULE 'C'-CONTRACTOR SAFETY D. INSTRUCTIONS TO TENDERERS E. SPECIAL PROVISIONS -GENERAL F. SPECIAL PROVISIONS -TENDER ITEMS G. DESIGN GUIDELINES H. STANDARD DRAWINGS I. PLANS: Drawings No. Title Sheet, 1 and 2 J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications and Municipality of Clarington Design Guidelines and Standard Specifications - 2004. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 314 Nov. 2004 409 Nov. 2005 514 Nov. 2005 128 Current 350 Mar. 1998 410 Nov. 2006 515 Nov. 2005 180 Nov. 2005 351 Nov. 2005 501 Nov. 2005 516 Nov. 2005 201 Nov. 2007 353 Nov. 2006 503 Nov. 2005 518 Nov. 2006 206 Nov. 2000 355 Nov. 2006 504 Nov. 2005 570 Nov. 2007 212 Nov. 2004 405 Nov. 2005 506 Nov. 2005 571 Nov. 2007 310 Nov. 2004 407 Nov. 2007 507 Nov. 2005 701 Nov. 2006 311 A r.2004 408 Nov. 2007 510 Nov. 2006 702 Nov. 2006 312 A r.2004 908 Mar. 1998 K. GEOTECHNICAL INVESTIGATION L. PERMITS FROM CLOCA AND MOE M. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in ~~ ~~ l© l ~~ accordance with this agreement on or before June 1, 2009. INCONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 ~~ IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the in the presence of Date Date SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON in the presence of -- Date _a I `f~ 2G'C~ j _ P9Dep1 12?1 2-2 96 2015pecs1CL2009-1 - AGR doc Page 3 of 3 LIMITED /.t CONTRACT NO. CL2009-1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON LIONS TRAIL PEDESTRIAN BRIDGE OVER BLACK CREEK, COURTICE ADDENDUM NO. 1 Contractors are hereby advised of the following mod cation to Contract No. CL2009-1: SPECIAL PROVISIONS -TENDER ITEMS Page 7 - HANDRAIL AT PEDESTRIAN BRIDGE -ITEM NO. 14 -add the following: "The handrail shown in the drawings is not intended to be an accurate representation of fhe handrail The handrail shall be insfalled in panels with the top and bottom rails horizontal and the posts and pickets vertical. Panels sha0 6e stepped as required to meet the specifications in the Ontario Building Code and as required by the manufacturer. The handrail shall be forest green in colour." All tenders must be submitted on the basis of this modification. .This Addendum shall remain attached to and form part of all tenders submitted. AECOM 513 Division Street Cobourg, Ontario K9A 5G6 January 20, 2009 P:\Dept 12\72-29620\Specs129620.ADD t.doc I' I ~~ ~~ PROJECT: TENDER FOR CONTRACT NO. CL2009-1 LION'S TRAIL PEDESTRIAN BRIDGE OVER BLACK CREEK, COURTICE 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: Diq-Con International Limited Name 4 Holland Drive Units 8 & 9 Bolton Ontario L7E 7G1 Address (include Postal Code) Tel: 905-951-1616 Fax: 905-951-1617 Telephone and Fax Numbers Sam Digregorio Name of Person Signing President Position of Person Signing TENDERS RECEIVED BY: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 P:\Dept 12112-296205Specs1CL2009-1-TF(Sign Dods).doc ~ ~ - ~~ Page 1 of 5 pages TENDER CONTRACT NO CL2009-1 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2009-1 Lion's Trail Pedestrian Bridge Over Black Creek, Courtice Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forteited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. .Page 2 of 5 pages r ~~ ITEMIZED BID CONTRACT NO. CL2009-1 ~~ I~ ~~ In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-1 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP - Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings Item No. Spec No. Description Unft Quantity Unlt Price Total 1 201 Site Preparation LS 2,500.00 2,500.00 SP, MOC 2 201 Clearing, Grubbing, and Tree LS 1,500.00 1,500.00 SP, MOC Maintenance 3 206 Earth Excavation (Grading) m' 111 50.00 5,550.00 SP, MOC (p) 4 212 Earth Borrow m3 105 50.00 5,250.00 SP, MOC 5 310, 311 Provisional Item mz 75 Deleted SP, MOC Hot Mix H.L.-3 (50 mm) 6 314 19 mm Crushed Limestone t 54 29.00 1,566.00 SP, MOC 7 SP Armour Stone t 65 225.00 14,625.00 8 511 Rock Protection t 24 50.00 1,200.00 SP 9 511 Geotextile mz 14 10.00 140.00 SP Rock Protection - (360R) 10 518 Unwatering LS 6,000.00 6,000.00 SP 11 570, 572 Ecoblanket m2 200 10.00 2,000.00 SP, MOC 12 577 Light Duty Silt Fence m 50 20.00 1,000.00 SP, MOC 13 SP Pre-cast Concrete Pedestrian Bridge LS 19,000.00 19,000.00 Siab 14 908 Handrail at Pedestrian Bridge, m 18 364.00 6,552.00 SP Alternative 'A' 15 SP Bonds, Insurance and Maintenance LS 1,875.00 1,875.00 Security Total (excluding GST) 68,758.00 GST (5% of Total) 3,437.90 TOTAL TENDER AMOUNT $ 72,195.90 Tenderer's GST Registration Nd. 13781 5551 RT001 P:1Dept 12112-296201Specsl[CL2009-1 -Item Bid (Sign Docs).xls]Sign Docs Page 3 of 5 pages i AGREEMENT TO BOND tto be completed by Bonding Comoanv) CONTRACT NO CL2009 1 Bond No.: TCS0409003-09-07 WE, the Undersigned, HEREBY AGREE to become bound as Surety for Di -Con International Limited in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) 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.CL2009-1 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 Toronto this 21~ day of January 2009 Trisura Guarantee Insurance Comoanv Name of Bonding Company Elaine B. Maloney (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 4 of 5 pages I' SCHEDULE OF TENDER DATA CONTRACT NO. CL2009-7 The work specified in the Contract shall be pertormed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Page 3 Agreement to Bond Page 4 Schedule of Tender Data Page 5 B. STANDARD TERMS AND CONDITIONS Pages 1 to 9 C. SCHEDULE 'C'-CONTRACTOR SAFETY Pageslto8 D. INSTRUCTIONS TO TENDERERS Pages 1 to 5 E. SPECIAL PROVISIONS -GENERAL Pages 1 to 13 F. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 7 G. DESIGN GUIDELINES H. STANDARD DRAWINGS I. PLANS: Drawings No. Title Sheet, 1 and 2 J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications and Municipality of Clarington Design Guidelines and Standard Specifications-2004. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Curtent 314 Nov. 2004 409 Nov. 2005 514 Nov 2005 128 Current 350 Mar. 1998 410 Nov. 2006 515 . Nov 2005 180 Nov. 2005 351 Nov. 2005 501 Nov. 2005 516 . Nov 2005 201 Nov. 2007 353 Nov. 2006 503 Nov. 2005 518 . Nov 2006 206 Nov. 2000 355 Nov. 2006 504 Nov. 2005 570 . Nov 2007 212 Nov. 2004 405 Nov. 2005 506 Nov. 2005 571 . Nov 2007 310 Nov. 2004 407 Nov. 2007 507 Nov. 2005 701 . Nov 2006 311 A r.2004 408 Nov. 2007 510 Nov. 2006 702 . Nov 2006 312 A r. 2004 908 . Mar. 1998 K. GEOTECHNICAL INVESTIGATION L. PERMITS FROM CLOCA AND MOE M. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) The Contractor, by this tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax requirements, so that it is able to do business in Ontario. Yes By my/our signatur ereund /we here i ntify this as the Schedule of Tender Data, Plans and Specifications, fo ontra o. CL2009- ,exec d by me/us bearing date the 22"" day of January 2009 and we have fully r d all ated documents t tender data as listed above. SIGNATURE: POSITION President NAME OF P41~M Dig-Con International Limited ', {C¢MPANX~Fj~[~ 's ~. -. ~ - Privacv Legislation --_ Federal legislation governs the collection and use of personal information from individuals. We represent.anduGaTranT to the owner that we have obtained the CONSENT of any and all employees whose personal information we"hevesupplfed to the owner in this tender. This personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional designations and qualifications. This CONSENT permits the owner to disdose 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 5 of 5 pages to be submitted as the Tender Submission for Contract No. CL2009-1 ~~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-1 STANDARD TERMS AND CONDITIONS P:wea ~z~~z-zsszmspe«~cizdos-~-rac.doo STANDARD TERMS AND CONDITIONS 1 The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract except. where noted below. • Clause 8 of the "Standard Terms and cenditions" shall be superceded by Clause 8, "Payments" of the °Special Provisions -General" Section of the Contract. • Clause 15 of the "Standard Terms and conditions" shall be superceded by Clause 2, "Guaranteed Maintenance" of the "Special Provisions -General" Section of the Contract. • Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contrail. • Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause 6.03.02 of the OPS General Conditons of Contract (November 2006) which requires a $5,000,000.00 liability coverage. STANDARD TERMS AND CONDITIONS 2 1. DEFINITIONS Municipality -The Corporation of the Munidpatity of Cladngton, its successors and assigns. Bidder -The person, fine or corporation submitting a bid to the Municpality. Company -The person, contractor, fine or corporation to whom the Municpality has awarded the contrail, n successors and assigns. Contract -The purchase order authorizing the company to perform the work, purchase order aterations, the document and addenda, the bid, and surety. Sutuontractor - A person, firth or corporation having a contrail with the company for, or any part of, the work. Document -The document(s) issued by the Municipality in response to which bids ara invited to perform the work in accordance with the spedfiptxms contained in the docurent. Bid - An otter by a Bidder in response to the document issued by the Municpality. Work -All labour, matedals, products, articles, fixtures, services, supplies, and ads required to be done, famished or performed by the company, which are subject to the Contrail. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Claringlon Purchasing By-law r'f2p06- 127 and will'appiy for the piling, receiving, and opening of bids. The Municpality will be responsible for evaluating bids, awarding and administering the contrail in accordance with the Purchasing By- law. The bid must be submitted on the form(s) and in the enveope supplied by the Municipality unless otherwise provided herein. The envelope must rrot Ge covered 6y any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, n must be signed on behalf of each of the Bidders. The bid must be legible, wdtten in ink, or typewritten. Any form of erasure, strikeout orover-writing must be initialled by the Bidder's authorized signing offices The bid must not be restricted by a covering loner, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return fhe document or invitation may result in the removal of the Bidder from the Municlpality's bidder's list. A bid received after the dosing date and time wtll not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contrail, regarding meaning, intent or ambiguity, the derision of the Municlpality shall be final. STANDARD TERMS AND CONDITIONS 3 3. CONTRACT The contrail consffiffi d the documents aforemenl'roned The conirad and portions thereof take precedence in the order in wNch they are named above, notwithstanding the chrorrological order in which they are issued or executed. The intent of the centred is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions centained in the Bidders standard or general conditions of sale shall be d any effect unless explidtly agreed to by the Munidpality and speafically referred to in the purdrase order 4. CLARIFICATION OF THE DOCUMENT Any darification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's tooted identified in the document. Any such clarification so given shall not in any way after the document and in no case shall oral arcangemenis be considered. Every notice, advice or other communication pertaining thereto wAl be in the form of a written addendum. No officer, agent or employee of the MunidpaNty is authored to after orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of fts abiliy, as weN as that of any proposed suhcontrador, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work spedfied 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 exad quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the MunidpalNy to accept the work covered thereby, or the particulars of the delivery ticket or piece tatty thereof. Work shall be subjed to further inspedion and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contrail. Time shall be of the essence of the contrail. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contrail. 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 he enteRained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, K must be oWained prior to the submission 6f the bid. Payment shall be full compensation for all costs related to the work, including operating and . .. ovedread cgsffi to provide.work to the satisfadi~i of the Mu 'rvcrpality. .. .. STANDARD TERMS AND CONDITIONS 8. 9. 10. 11 All prices quoted shall include applicable customs duty, exdse tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provindal 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 went or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or arty variation in any tax or dory be imposed by the Government of Canada or the Province of Ontario beceme directly applicable to work spedfied in this document subsequent to Ns submission by the Bklder antl before the delivery of the work covered thereby pursuant to a purchase order issued by the Murridpaliry appropriate increase a decease in the pdce of work shah be made to compensate for such drenges as of the effective date thereof. TERMS OF PAYMENT Where required by the Constmction Lien Act appropriate monies may be held bads urfil 60 days after the completion of the work. Payments made hereunder, including final payrr~rit shah not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shah constitute a waiver of claims by the company against the Municlpality, except those previously made in writing in accordance with the centract and still unsettled. The Municipality shall have the dght to wfthhold from any sum otherwise payable to the company such amount as may be sutficlent to remedy any defector defidency in the work, pending comection of it Payment may be made 30 days after delivery pursuant to the Bidder submitting an invdce, centract requirements being completed and work beirg deemed safisfactory. 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 Municlpaliry all costs, damages, charges and expenses, including its lawyers' fees on a solicltor and his own client basis occasioned to the Munidpality by reason thereof The company shall pay all royalties and patent Ncense 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 efther secure for the Munidpality the right to continue using the work or shall at the company's expense, replace the infringing work wNh non-infringing work or modify it so that the work no longer infringes. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. EQUIVALENCY Any opinion determined by the Municipalitywith respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company .shall not assign or subcontract tt,e ~rtract or any portion thereof without the prior written consent of ttre MuriieipaNty. STANDARD TERMS AND CONDITIONS 5 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municpality is,enfitled to request of the Company to furnish reasonable evidence that finarxial arrangements have been made to fulfill the Company's obligations under the Contrail. 14. IAWS AND REGULATIONS The company shah compy with relevant Federal, Provindal and Munidpal statutes, regulations acrd by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subtyntredors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. If at any 6me prior to one year after the actual delivery date or completion of the work (or spedfied warrantyfguarantee period if bnger than one year) any part of the work becomes defedlve or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contrail, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municq~ality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municpality reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award tyntrads to one or more bidders submitgng identical bids as to price; to acceptor reject any bids in whole or in part; to waive irregularities and omissans, if in so doing, the best interests of the Municipality will be served. No Lability shall accrue to the Municpaliy for its derision in this regard. Bids shall be irrevocable for 90 days after the offidal dosing time. The plating in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute ndice of acceptance of contract by the Municpaliy to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the tympany: commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respell of any of its property; or 'rf the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municpality may, without notice: terminate the contrail. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay ds accounts; or fails to comply with or persistently disregards statutes, regulations, by-laws or directives of relevant authorities relatlng to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contrail or any portion thereof without the Munidpality's prior written consent; or refuses to correddefecfive work; w is otherwise in default in carrying out its part of any of the forms, txsrxlitions and obligafions of the contrail, then, in any such case, the Municipality may, upon expiratidn of ten days from the date of written notice to the company, terminate the contrail. c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municpaliy may have and without incurring any liability whatsoever in respect thereto. STANDARD TERMS AND CONDITIONS d. tt the Municipality terminates the contract, it s entitled to: take possession of all work in progress, matedals and construction equipment then at the project site (at no additional drarge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Coreclion of Defects section; till) recover from the company bss, damage and expense intoned by the Municipality by reason of ttur company's defaufi (which may be deducted from any rrgries due or becoming due to the company,. any balance to be paid by the company to the Municipality). 18. 19. 20. 21 CONTRACT CANCELLATION The Munidpality shall have the right, which may be exerdsed from time to time, to cencel any uncompleted or unperformed portion of the work or part thereof. In the event of such cencellafion, the Municipality and the Company may negotiate a settkmeM. The Municipality shaft not be liable to the Company for bss of anticipated profit on the cencefled portion or portions of the work. QUANTITIES Unless dtrenaise specified herein, quantities are shown as approximate, are nil guaranteed to be accurate, are furnished without any liability on beheH of the Municipality and shall be used as a basis for comparison onty. Payment will be by the unit complete at the bid price on actual quantifies deemed acceptable by the Municpaliy. SAMPLES Upon request, samples must be submitted strictly in accordance with instruilions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless addigonal time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison puryoses. The acceptance of samples by the Municipality shall be at its sole disaefian and any such acceptance shall in noway be censtrued to imply relief of the tympany from its obligations under the contrail. Samples submitted must be accompanied by curent Material Safety Data Sheets (MSOS) where applicable. SURETY The successful tenderer shaft, if the Municpality in its absolute discretion so desires, be required to satisfy surety requiremerds by providing a deposR in the forth of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Munidpaliy until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing safisfactory 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 companyshall, N the Municipality in iW absoute discretion so desires, be required to satisfy fidelity ixxufing requirements.bY provding such bonding in en amount and form determihed 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 Contrail by the Municgrality subject to withdrewal: STANDARD TERMS AND CONDITIONS 22. WORKPLACE SAFETY AND INSURANCE BOARD All of the Contractor's personnel must be covered by the insurance plan urxler the Workplace Safety and Insurance Ad, i1g97, or must provide an identification number from the WSIB veriryirtg their status as an "Independent Operator. Upon request by the Munidpafity, an original Letter d Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Comparry to the board have been made. Prior to firtal payment, a Certificate d Clearance must be issued indicetng all payments by the Company to the Board in conjunction with the subject Contrail have been made and that the Municipality will not be liable to the Board for Tulare payments in cennedion with the Compares fulfilment d the confrad. Further Cerfificetes of Clearance w other types of certificates shall be provided upon request For Independent contrailors /Owners !Operators who do not have WSIB coverage, the idbwirg shall be provided upon request by the Calling Agency: Single Independent Contractors 1 Owners 1 Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identficefion number. To obtain this, cerdradors must complete the form "Determining workerAndependent Operetorstatus", issued by the Workplace Safety & Insurance Board. (For more iMormation, please contact your local Workplace Safety & insurance Board Office and refer to this clause.) Single Independent Contractors /Owners /Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WS16 coverage. The Munidpality d Clarington has the right to reject any bid d 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 corerege or amount as may be requested. The policy shall include the Municipality as an additional insureds in respell of all operetions performed by or on behalf of the Company. A certified copy of such pdicy or certificate shah be provided to the munidpality prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnity and save harmless the Munidpality Trom all actions, suits, claims, demands, bsses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any properly which may arise directly or indirectly by reason of a requirement of the contrail, save and except for damage caused 6y the negligence of the Munidpality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from arty and all charges, fines, penalties and costs that maybe incurred or paid by the Municipality A the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Ad in relation to any violation of the Ad arising out d this contrail. 25. VISITING THE SITE The Company shall cerefully examine the site and existing building-and services.affeding the proper execution of the work, and obtain a dear and oomprohensiwe knowledge of the ekiating eoriditarrs. No claim for-extra payment will be albwed for work or difficulties encountered due to cenditions of the site which wee viaiWE or reasonably irtbrable; prior fo the dab of wbmission oT Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respell. STANDARD TERMS AND CONDITIONS 26. 27 28. 29. 30. 37 SAFETY The Company shall obey all Federal, Provir~ial and Murdcipel Laws, Ad, Ordinances, Regulations, Orden:-in-Coundl and By-laws, which could in any way pertain to the wodc outlined in the Contract or to the Employees of the Company. WUhoul limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Ocwpational Health and Safety Ad and Regulations rrs3de thereunder, on a contractor, a ConsVudor andlor Empbyer wUh rasped to or arising out of the performance of the Company's obligatrorms under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Murtidpality 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 Munidpality for any supplied Hazardous Matedals. UNPAID ACCOUNTS The company shah indemnify the Municipality frorn all claims arising out of unpaid accotmts relating to the work. The Municipality shall have the right et arty time to require satisfactory evidence that the work in rasped of which any payment has been made a is to be made by the Municlpaliy is free and dear of Dens, attachments, claims, demands, charges or other encumbrances. The Municipality may, without invalidating the camtrad, 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 Munidpality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Munidpality. 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 unU prices, by an amount to be agreed upon between the Municipality and the Company. All such dmanges shall be in writing and approved by the Municlpaliy. CONFLICT OF INTEREST No employee or member of Coundl of the Municipaliy shall sell goods or services to the Municipality in accordance with the Munidpality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Munidpality. MUNICIPAL FREEDOM OF INFORMATION ANO PROTECTION OF PRIVACY ACT fMFIPPA) All correspondence, documentation, and information provided to staff of the Munidpality of Cladngton by every offerer, including the submission of proposals, shall become the property of the Munidpality, and as such, is subject to the Munidpal Freedom of Informaton 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 sdentific, technical, commerdal, proprietary, or similar cehfldential information, the disclosure of which could cause them .injury. Complete proposals are not to be tderrtifled as confidential. 32: CRIMINPI. BACKGROUND CHECKS "The successful service provider covenants and agrees to provide the Munidpality of Clarington, or such other eritity as the Municipality may designate; with wrthen consent to perform a criminal ~~ STANDARD TERMS AND CONDITIONS 9 background check including Criminal Code (Canada) convidans, pardoned sexual offences, records or convictions under the Controlled Orugs and Substances Ad, Narcotics Control Ad and Food and Drugs Ad and all outstanding warrants and charges for every individual who may come into dived contrail with youth or who are permitted entrance to private or restricted areas or residences. This will be done at no cost to the Municipality and any such requested dowment will s be submitted to the Municpality in tts true form in advance of commencement of work. The Municpal issued identirxation card must be wom when individuals are at a site where there is dived coMad witk youth or where access to any private or restrded area is anticipated The Municipal identfcation cerd is valid for the term of the contrail only or a one year term, whichever comes first. Under the terms of the contred, the Municipality has the sole and unfettered discretion to prohibit an individual from Doming iMO dived contact with youth or entering a private or restricted area on a regular basis and to terminate the contred ff the bidderlpartner fails to obtain or renew the Municipal identification cards according to Municpal policy and procedure. The Municipality of Clarington reserves the right to cancel and/or suspend the contrail immediately and unilaterally and without penalty to the Municipality should the service provider fail to provide the required documentation or otherwise adhere to this procedure. "The Chief Administrative Officer has the final say in determining any final action " CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-1 SCHEDULE `C' a:ioe~ iz~~s-ssearns~e~soos-~scnec~~ tc).aoc SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (t ), (2)), it is the constructor's responsibility to ensure that: • the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the rp oiect; • every employer and every worker performing work on the rpP oject complies with the Occupational Health and Safety Act and the Regulations (under the Act); and • the health and safety of workers on the rp oiect is protected. • Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor- any individual or firm engaged by the Municipality to do work on behalf of the Municipality. Project - means a construction project, whether public or private, including, the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe Tine, duct or well, or any combination thereof, the moving of a building or structure, and any work or undertaking, or any lands or appurtenances used in connection with construction. Construction -includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. 2 SCHEDULE (C CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Constructor- means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himseff or by more than one employer. Project Manager- means the muniapal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for tender/quotations will require prospective contractors to include a list of the designated substancesmazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation 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 H.ealkh and Safety Program ii) Departmental health and safety policies iii) Workplace procedures regarding health and safety practices. 3 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue wamings 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 heath and safety hazard. Written wamings and/or stop work orders can be given to contractors using Contractor Health and Safety blaming/8top Work Order Form (Schedule "B"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Heakh and Safety Act, in any unsafe conditions. The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of ,~ Contractor Health and Safety blaming/Stop Work Orders. r 4 SCHEDULE (C) GONTRACTOR SAFETY POLICY AND PROCEDURE Continued... To Contractor(s): HEALTH AND SAFETY PRACTICE FORM The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a heathy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational HeaRh 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 accidentfincidentond/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. • The New Experimental Experience Rating (NEER) -The WSIB experience rating system for non-construction rate groups The Council Amended Draft #7 (CAD-7) Rating -The WSIB experience rating system for construction rate groups Injury frequency performance for the last two years -This may be available from the contractor's trade association Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). • Confirmation of Independent Operator Status -The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipalty of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site speafic 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. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "AcY'); and r b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tendersafety and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the confrador/successful tenderer shall, a) act safely and comply in all respects to the Act, and r b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The confractor/successful tenderer shall indemnrfy and save harmless the Municipality, a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Actin the performance of any matters required pursuant to this contract/tender•, . 6 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractodsuccessful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contracUtender; 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 Actin relation to any violation of the Act arising out. of this contractltender. SG~2• ~ Name of Person Signing for Contractor Date I, SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this fomt is to: (Issuer to check one of the following) _ Provide warning to the contractor to immediately discontinue the unsafe work practice described below ~~ _ Direct the contractor to immediately cease all work being performed under this contrail 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 I CONTRACT/P.O. # DESCRIPTION: I NAME OF FIRM: PART "B" -DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) ~' 8 SCHEDULE (C) CONTRACTOR SAFETY DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE 8 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. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-1 INSTRUCTIONS TO TENDERERS P:1Dept 12\1 2-2 96 2 01,Spea1CL2009-1-IT.doc '~ ~' '', INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-1 CLAUSE SUBJECT PAGE 1. GENERAL .......................................................................................................................................... ..................1 2. BLANK FORM OF TENDER .............................................................................................................. .................. 1 3. TENDER DEPOSITS ......................................................................................................................... .................. 2 4. BONDS ............................................................................................................................................... ..................2 5. RIGHT TO ACCEPT OR REJECT TENDERS ................................................................................... .................. 2 6. UNACCEPTABLE TENDERS ............................................................................................................ ..................3 7. ABILITY AND EXPERIENCE OF TENDERER .................................................................................. .................. 3 8. PROVINCIAL SALES TAX ................................................................................................................. .................. 3 9. GOODS AND SERVICES TAX (GST) ............................................................................................... .................. 3 10. EXECUTE CONTRACT DOCUMENTS ............................................................................................ ................... 3 11. COMMENCEMENT OF WORK ........................................................................................................ ................... 3 12. LOCATION............__.........._......_ ..........................................___...._._..._...._...._.........._.._....... ..... _.__.._..4 13. SOILS INFORMATION .__..._..__..._.___..__.__._.._ ... . ..........._...._.... ....._............_................. ...__............4 14. TENDERERS TO INVESTIGATE ..................................................................................................... ...................4 15. INQUIRIES DURING TENDERING .................................................................................................. ................... 4 16. AWARD OF THE CONTRACT ......................................................................................................... .................. 4 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR ........ ..............._. 4 18. ADDENDA ......................................................................................................................................... ...................5 19. UTILITIES .......................................................................................................................................... ...................5 PAGE ONE INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2009-1 ' 1. GENERAL ' SEALED Tenders plainly marked "Contract No. CL2009-1" will be received until: 2:00:00 P.M., LOCAL TIME, Friday, January 23, 2009 ' 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, 2ntl Floor, before the deadline for submission, in accordance with the submission instructions. Requests for adjustments to submitted Tenders by telephone, fax or electronically will not be considered. The Municipality shall not be liable for any cost of preparation or presentation of Tenders, and all Tenders and accompanying documents submitted by the Bidder become the property of the Municipality and will not be returned. There will be no payment to Bidders for work related to and materials supplied in the preparation, presentation and evaluation of any Tender, nor for the Contract negotiations whether they are successful or unsuccessful. The Municipality, its elected officials, employees and agents shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any 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 infotmation requested shall be shown in the tender, in the space provided. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-1 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender Amount Minimum Deposit Required $ 20,000.00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,OOO.OD 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 4. 5. All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. BONDS L I 2. 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, td guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment far labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An Agreement to Band must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. RIGHT TO ACCEPTOR 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, alteratiohs, or irregularities of any kind, may be rejected as informal. ' INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-1 3. ' Tenders will not be accepted unless submitted in the envelopes provided. ' 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no ' circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. ' 7. ABILITY AND EXPERIENCE OF TENDERER ' The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specifed ' time, is not furnished by the Tenderer. 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. ' 9. GOODS AND SERVICES TAX (GST) ' The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certifcate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 90 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. 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 dati: as specified in the written orderissued in accordance with GC7.01.02 of the General Conditiohs. II INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-1 4. 12. LOCATION ' The work is located north of Highway No. 2 between Courtice Road and Trulls Road in Courtice, Municipality of Clarington. ' 13. SOILS INFORMATION Geotechnical investigations have been undertaken on behalf of the Municipality of Clarington. ' The results provided are for information only and are not guaranteed by the Authority. A copy of the Geotechnical Report is included with the Tender Documents as listed in the "Schedule of Tender Data". ' 14. TENDERERS TO INVESTIGATE ' Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractors responsibility to thoroughly inspect the site of the proposed works, ' determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. , 15. INQUIRIES DURING TENDERING ' The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications shall be directed to the Contract Administrator, AECOM, Telephone: 905-372-2121, attention: Ron Albright, P. Eng. or Sean Bagshaw, P. Eng. ' 16. AWARD OF THE CONTRACT t The award of this Contract is subject to the approval of the Municipality of Clarington. DEFINITION OF OWNER/AUTHORITYRND ENGINEER/CONTRACTRDMINISTRATOR 17 ' . 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". - ' INSTRUCTIONS TO TENDERERS CONTRACT N0. CL2009-1 1 Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, AECOM, or such other officers, as may be authorized by the Authority to act in any particular capacity. 18. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. ' 19. 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 Ms. Cindy Ward Mr. Jim Hisson Roger Cable T.V. Ltd. Hydro One ' Tel: 905-436-4138 Tel: 905-623-1071 Ext: 3318 5. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-1 SPECIAL PROVISIONS -GENERAL P:\Dept 12\1 2-2 9 6201Specs1CL2009-t-SPG.dpc INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2009-1 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. 6 OPS GENERAL CONDITIONS ....................................................................................................... LAYOUT BY CONTRACT ADMINISTRATOR ......2 . ................................................................................. ......2 7 RESTRICTIONS ON OPEN BURNING 2 L 8. PAYMENTS ..................................................................................................................................... ......2 9. UTILITIES ........................................................................................................................................ ......3 ' 10. DUST CONTROL ............................................................................................................................ ......4 11. TRAFFIC CONTROL, FLAGGING .................................................................................................. ......4 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ............................................................. ......4 13. MAINTENANCE OF TRAFFIC ........................................................................................................ ......5 14. 15 EMERGENCY AND MAINTENANCE MEASURES ......................................................................... ENGINEERING FIELD OFFICE ......5 . ...................................................................................................... ......5 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ........................................................... ......6 ' 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES ................ ......6 18. SPILLS REPORTING ...................................................................................................................... ......7 1 19 PROTECTION OF WATER QUALITY _ _ _ _ __ 20. TRAFFIC AND STREET SIGNS ...._.__..._.._ ............................._ ....._....................._......-___...._ __.8 21. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE ......................__............................... ._...8 22. ASPHALT MIX DESIGNS ................................................................................................................ ......8 23. 24 PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES.... CONFINED SPACE ENTRY ......8 . ........................................................................................................... ......9 25. ENTRY ONTO PRIVATE PROPERTY ............................................................................................ ......9 ~, 26. STORAGE AREAS .......................................................................................................................... ......9 27. ENVIRONMENTAL PROTECTION PLAN ....................................................................................... ....10 28. GENERAL LIABILITY INSURANCE ................................................................................................ ....11 29. CONSTRUCTION LIEN ACT .......................................................................................................... ....11 30. VARIATIONS INTENDER QUANTITIES ..._...._ ..................._..._................................._...__ .._....._12 31. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR .............................:.........................................:.............................................:.............13 ~. PAGE ONE SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2U09-1 PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.16 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be f nal 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. r 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 GC 1.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defned in GC1.06 of the General Conditions on or before June 1, 2009. If the Contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the Contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to he included in the prices bid far the various items of work and no additional compensation will be allowed therefore. (3) Liquidated Damages It is agreed by the parties to the Contract that in case all the work called for under the Contract is not gompleted by the date specified, or as extended in accordance with Section GC3.06 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 2. ~' the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for !~ completion. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.10 is def ned as an employee of the Contractor 5. OPS GENERAL CONDITIONS '~ Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, November 2006. 6. LAYOUT BY CONTRACT ADMINISTRATOR ~ Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the -' addition of the following: The Contract Administrator shall layout and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. RESTRICTIONS ON OPEN BURNING Open f res 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. S. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 3. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1/2 percent of the total value of work pertormed 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 2-112%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07.03(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04.03. As a condition of Progress Payment Certifcate processing, the Contractor must provide a current WSIB Clearance Certificate and a Statutory Declaration in support of each Progress Payment Certifcate and an updated project schedule as directed by the Contract Administrator. 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 specifed under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. Acceptance by the company of the final holdback payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the Contract and still unsettled. The Contractor shall include in his price for the publication of the Certificate of Substantial 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. Payments made hereunder, including final payment shall not relieve the Contractor from its obligations or liabilities under the contract. The Authority shall have the right to withhold from any sum otherwise payable to the Contractor such amount as may be sufficient to remedy any defect or deficiency in the work pending correction of it. 9. UTILITIES ~T Sections GC2.01.01 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 jab 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 inconvehience resulting from the relocation not being,completed before the start of this Contract. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 4. The location and depth of underground utilities shown on the Contract drawings are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 10. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor. 11. 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. 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.07 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, detour signage, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the "OTM Book 7". A Traffic Control Plan indicating all traffic signage layout and types in a neat legible manner shall be ~~ submitted for approval by the Contract Administrator a minimum of two weeks prior to construction commencement and shall be in accordance with the latest edition of the "OTM Book 7". Revisions to the Traffic Control Plan shall be made to reflect ongoing changes on the project as needed and shall be approved by the Contract Administrator. Traffic controls shall be operational before work affecting traffic begins. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 13. MAINTENANCE OF TRAFFIC 5. For access off of Highway No. 2, the Contractor will be responsible for obtaining a Road Occupancy Permit from the Region of Durham. Due to the importance of Highway No. 2 as a commuter route, lane closures will not be permitted on weekdays prior to 9:00 a.m. on west bound lanes and after 3:D0 p.m. for east bound lanes. Weekend lane closures will be subject to review and approval by the Region of Durham. The Contractor is responsible for confirming if other restrictions are required by the Region of Durham. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Engineer. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the Contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the Contract limits and within the Contract limits. The Contractor shall ensure the signing is properly maintained while in use. 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 traffc will be considered for compensation. 14. 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 far maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. It shall be the Contractor's responsibility to ensure that erosion and sedimentation control measures within the limits of the Contract are in place and fully operational to the satisfaction of the Contract Administrator, should the onset of severe inclement weather be forecast. 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. 15. ENGINEERING FIELD OFFICE. A separate field offce for the Contract Administrator will not be required on this Contract The SPECIAL PROVISIONS -GENERAL CONTRACT N0. CL2009-1 6. Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL w The requirements of OPSS 180 shall apply to this Contract, revised as follows: 1 Section 180.03, Definitions, shall be amended by the addition of the following: Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. 2 Subsection 180.07.02, Conditions on Management as Disposable Fill, shall be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 180-1, OPSF 180-2, OPSF 180-3 and OPSF 180-4 and 180-5 for use where appropriate with respect to disposal of excess material. 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. Designated Substance Identified on this Site Location Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No Mercury No Silica No Vinyl Chloride No 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. L SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 7. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H 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. All costs associated with the removal and disposition of Designated Substances herein identifed, 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 18. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 19. PROTECTION OF WATER QUALITY At all times, the Contractor shall maintain existing stream flows and shall control all construction work so as not to allow sediment or other deleterious materials to enter streams. No waste or surplus organic material including topsoil is to be stored or disposed of within 30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required.. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 a• If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction. The Contractor shall not carry out equipment maintenance or refueling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits. 20. 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. 21. 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. 22. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 23. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.07 of the OPS General Conditions of Contract is amended by the addition of the following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213191, shall be clearly posted at the project site and available to all personnel, including the Conttactors workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 9. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel ftom an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. 24. CONFINED SPACE ENTRY Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: • Mechanical Ventilation Equipment • Gloves • Gas Detector (C95-80) • Full body harness securely attached to a rope • Rope • Gas mask or dust, mist or fume respirator (optional) • 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) • 7 minute Escape Pack • Explosion-proof temporary lighting • Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. 25. ENTRY ONTO PRIVATE PROPERTY The Contractor shall not enter private property or property which is to be acquired to construct the works without the prior consent of the Contract Administrator. This requirement will be strictly enforced. 26. STORAGE AREAS Clause GC7.03.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. Under no circumstances will material storage be permitted within areas delineated with tree protection fencing. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 27. ENVIRONMENTAL PROTECTION PLAN 10. The Contractor's attention is drawn to the following environmental protection requirements, which will impact construction activities within or in close proximity to the Black Creek. These measures are in addition or complimentary to the works included for erosion and sediment control under other items in the Tender. • Sediment and erosion control items included in this contract shall be implemented prior to any other construction in the vicinity of the creek, in order to prevent any sediment from entering the watercourse (including soil from exposed banks) and to prevent any downstream transport of resuspended sediment. All disturbed areas shall be stabilized upon completion of works or attainment of final grades. • Temporary erosion and sedimentation works should be maintained until vegetation has been re- established to a sufficient degree so as to provide adequate protection to disturbed work areas. • All sediment traps, check dams and silt fence will be cleaned, as a minimum, when they are 50% filled. Maintenance of these devices is essential. Lack of co-operation on the part of the Contractor will be considered as a major violation to the Plan and the Contract and will result in a shut down of the project operations until maintenance is pertormed to the Engineer's satisfaction. • All disturbed areas shall be topsoiled (if necessary) and re-vegetated immediately after fnal grading is completed. • Construction procedures and handling/storage of toxic materials shall conform to Ontario Ministry of the Environment regulations. • Stockpile or spoil materials shall be prevented from entering the creek. No grading or concrete pours shall occur over or close to the water without adequate barrier measures in place beforehand. The Contractor shall advise the Engineer in advance of placement of any stockpiled material so that the Engineer can determine what protective measure, if any, are necessary. • Any in-water works (i.e. channel tie-ins, pumping, etc.) will only be permitted during the period from July 1 to September 15. • All activities, including maintenance procedures, must be controlled to prevent the entry of petroleum product, silt, debris, rubble, concrete or other deleterious substances into the watercourse. Vehicular refueling and maintenance, including the storage of fuel containers, must be conducted 30 m away from the watercourse banks. • Maintenance of all proposed vegetation, once established, will be a critical component of the contract during the guarantee period. All temporary erosion and sediment control structures constructed (except dewatering traps) will remain in place during this period unless the Engineer requests their removal. Prior to the end of the guarantee period, if all vegetation has established successfully, these measures shall be removed (upon notification by the Engineer) as noted under their particular items in the Special Provisions -Tender Items. • All dewatering discharges must be directed to a dewatering trap. Materials from the excavation of the trap shall be removed from the site or controlled as the Engineer directs. The Contractor shall be wholly responsible for the adequate design and maintenance of the dewatering system SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 11. (ie., pumps, cofferdams, etc.). The design will be subject to the review and approval of the Engineer before any work proceeds. • Maintain continuous and uninterrupted flow downstream of the construction site. Extreme ' reduction in stream discharge and water level above and below the site must be avoided. • No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of the creek shall be limited to the minimum required for construction. • All construction work in areas which in the Engineer's opinion may have adverse effects on the watercourse shall be monitored by a designated representative of the Contractor to ensure compliance with the Plan. • All clauses pertaining to the constructionlplacement of erosion and sediment controls in the Special Provisions-General and the Contract Items, will form an integral part of the project Environmental Protection Plan. 28. GENERAL LIABILITY INSURANCE The Municipality of Clarington, Courtice Lion's Club and AECOM shall be named as additional insureds. (See Clause GC6.03.02.Ot) 29. CONSTRUCTION LIEN ACT The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the 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 Gosts 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. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 30. 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". 12. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-1 13. 31. 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. CL2009-1 Dear Sir: I hereby certify that (Name of Contractor) have fulf Iled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Municipality of Clarington from further obligations. Yours very truly, Signature Property Owner's Name ............................Lot......Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-1 SPECIAL PROVISIONS -TENDER ITEMS P:IDept~12\72-296201Spee5\CL20031 -SP-Tl.dac PAGE ONE SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-1 ORDER OP PRECEDENCE Where a Specification or Standard exists in the Municipality of Clarington "Design Guidelines and Standard Drawings" for any element of the works, the Municipality of Clarington Specification or Standard shall take precedent over the contract "Special Provisions -Tender Items" or the "Ontario Provincial Standards°. SITE PREPARATION -ITEM NO. 1 Payment shall be made under this Item for the following work: • Provide access to the site as required. Works may include the supply and placement of any temporary granular material or culverts as required including removal upon completion and restoration of any disturbed areas. • Protection of existing sidewalk and curbs where heavy equipment will be crossing. The Contractor shall be responsible for the design of all temporary access routes and their adequacy to protect the surrounding conditions. Any damage resulting from construction or use of these temporary access routes will be repaired at the Contractor's expense. All materials, equipment and labour supplied by the Contractor for the consVuction, and subsequent removal of all temporary access routes shall be at the expense of the Contractor. Restoration of all areas disturbed by temporary access route construction, removal and use shall be completed using new materials. Restoration shall be completed to reinstate pre-construction conditions, at the expense of the Contractor. ~, Areas disturbed by construction activity which are outside the proposed grading limits will be considered to be included in the lump sum price bid for this Item. ' CLEARING AND GRUBBING -ITEM NO. 2 Under this Item and at the lump sum bid, the Confractor shall include for the removal and disposal off site 1 of any trees, shrubs, stumps and vegetation within the grading limits, or as agreed upon with the Contract Administrator. EARTH EXCAVATION (GRADING) -ITEM NO. 3 Payment under this Item shall include: Removal and disposal of excess material off sRe at a location arranged for by the Contractor. Proof rolling of subgrade. Stripping of topsoil. Stripped topsoil can be stockpiled and used to re-vegetate the disturbed banks adjacent to the trail. Surplus topsoil shall be disposed of at a location arranged for by the contractor. It is not expected that excavated material will be suitable for use as fill. SPECIAL PROVISIONS-TENDER ITEMS CONTRACT NO. CL2009-1 y. Should it be required to remove deleterious material below theoretical subgrade, this quantity will be measured and paid for by the cubic metre under this Item. The extent of this additional sub-excavation will be agreed to on site with the Contract Administrator. Backfill for the sub-excavation shall be paid for under the Earth Borrow Item. Where trees are in close proximity to the proposed path, the Contractor shall pertorm his operations so as to protect trees from damage, including roots and overhead branches. EARTH BORROW -ITEM N0.4 Under this Item and at the unit price bid, the Contractor shall supply, place and compact borrow material in accordance with OPSS 212. HOT MIX H.L: 3 (Provisional) -ITEM NO.S 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 Marshall Stability for HL-3 surface course shall be a minimum 5800. Section 310.09.01.03 of OPSS 310, Hot Mix Asphalt Miscellaneous, is hereby deleted in that all costs associated with the supply and placing of miscellaneous asphalt shall be paid by the tonne. Note: 1. The Contractor is responsible for providing test samples. 2. The Contractors attention is drawn to Municipality of Clarington's Design Guideline Section 900. 19 mm CRUSHED LIMESTONE -ITEM NO. 6 Payment shall be made under this Item for the supply, placement and compaction of 19 mm crusher run limestone trail base to a depth of 200 mm. ARMOUR STONE -ITEM NO. T Under this Item and for the unit price bid, the Contractor shall complete the following work: Supply and Place Armour Stone Armour stone shall be quarried sound limestone or granite without fractures or "fossilized" segments. Stones shall be selected at the quarry site by the ConVactor and the Contract Administrator and marked for delivery. The Contractor shall notify the Contract Administrator 48 hours in advance regarding a time to select the stone. Armour stone shall have minimum dimensions as shown on the contract drawings. Stones shall be placed in conformance with the vertical and horizontal configuration indicated on the contract drawings. Stones shall be selected on the basis of the dimensions necessary to facilitate the design grades, and meet .the foregoing requirements. LJ SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2tm9-1 3• ROCK PROTECTION -ITEM N0.8 Rock protection shall consist of sound, Gean quarried stone to form a protective covering upon placement. Work under this Item includes placement of geotextile beneath all Rock Protection locations. Placed geotextile shall be in conformance with the Geotextile Item of this Contract. Rock Protection atop geotextile shall be placed without freefall. The quality of the stone shall be approved by the Contract Administrator. Stone shall be of an angular shape and clear of all fines. Stone shall be placed to a minimum thickness of 500 mm and shall satisfy the following gradation requirements: Gradation Limits for Stone Protection Maximum Allowable Minus 300 mm 80°k Maximum Allowable Minus 200 mm 50% Maximum Alowable Minus 75 mm 20% Maximum Allowable Minus 50 mm 0% Placement shall be carried out in such a manner that the surface of the finished rock protection shall have a uniform planeJflat appearance, and be without segregation. NOTE: Payment for geotextile, excavation and dewatering is included under other Items. GEOTEXTILE -ITEM NO. 9 Work included in this Rem for the unit bid price shall be as follows: a) Supply and place non-woven geotextile of the following type, or approved equal, in conformance with the lines and dimensions shown on the Contract Drawings, and as directed by the Contract Administrator. Rock Protection - (360R1 b) Supply and installation of all geotextile under this Contract shall be paid under this Item. c) All seams to be overlapped 600 mm. No payment shall be made for the additional material used in the lapped joints. UNWATERING -ITEM NO. 10 Under this Item and far the Contract price, the Contractor shall carry out all work to ensure that all granular materials are placed in the dry. Discharge points of all pumps utilized in unwatering shall be located away from any watercourse to permit the natural filtration of the sediments by the soil and vegetation, as directed by the Contract Administrator. .. The Contractor is advised that all unwatering schemes shall be subject to review by the Central Lake Ontario Conservation Authority and the Contract Administrator and shall be in accordance with the Permit to Take Water included in Section 'L'. The Contractor shall submR six (6) copies of his detailed drawings SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-1 4 and specifications for his proposal method of unwatering. The ConVactor shall be wholly responsible for the adequacy of this method of unwatering. ECOBLANKET -ITEM N0.11 To be installed by: Hermanns Contracting Limited 1510 Hwy. 27 Schomberg, ON LOG 1T0 (905)939-1230 OR Landsource Organix Ltd. 100 Britannia Road East Milton, Ontario, Canada LOP 1E0 , 1 877 548-8558 Web: www.landsourceorganix.com OR Approved Equal. The Contractor shall maintain the surface in a functional condition for a period of one year. Contractor shall make periodic inspections of the Ecoblanket for effectiveness and shall immediately correct all deficiencies. Where deficiencies exist, additional material shall be installed immediately to required depth. Method of Measurement: All surtaces shall be measured by the square metre, complete in place. QUALITY ASSURANCE: , Performance Measure: All Ecoblanket areas will be inspected to ensure compliance with this ~ specification at the thirty day period following the operation. At the thirty day inspection within the seeded earth area, the surface shall be visually intact and shall form a uniform cohesive mat. Failure to Meet Performance Measure: If the completed work does not meet the Pertormance Measure after the thirty-day inspection, the areas shall be documented, and the Contractor shall be notified of those areas, and re-inspected at sixty days. If the completed work does not meet the Performance Measure after the sixty-day inspection, the Contractor shall re-apply the specified materials in accordance with this specification within 14 calendar days of receiving the notfication. The Contractor shall maintain the site until conditions permit application or re-application of Ecoblanket. All replaced Ecoblanket shall be subject to the Quality Assurance section of this specification. Only areas disturbed as a result of necessary working operations shall be measured and paid for under ' this Item. Areas disturbed as a result of negligent or unnecessary operations by the Contractor, shall be restored at the Contractor's expense. 1.0 Description: This work shall consist of famishing, consUucting and maintaining ah EcoBlanket (to Rexius SPECIAL PROVISIONS-TENDERITEMS CONTRACT NO. CL2009-1 5• specifications. EcoBlanket is a ground cover (surface blanket) of the Rexius specified compost/muk:h (Erosion Blend) combined with a special additive (Microblend) constructed with a pneumatic blower to control and reduce soil erosion. An EcoBlanket stabilizes the soil, prevents splash, sheet and rill erosion, and removes suspended soil particles and contaminates from moving off the site and into adjacent waterways or storm conveyance systems. EcoBerm is a water permeable window (berm~of the Rexius specified composUmulch (Erosion Blend) combined with a special additive (Microblend ) consfructed with a berm forming machine (BermBuilder'"") and pneumatic blower to control sediment by removing suspended soil partices and contaminants from water moving off of the site and into adjacent waterways or stormwater conveyance systems 2.0 Material: The EcoBlanket and EcoBerm filtering material consists of the Rexius Erosion Blend of compost and mulch materials, according to the Rexius particle sizing spec~cetions, in combination with the Rexius Microblend additive. Particle size must meet exact specifications of the Rexius EcoBlanket Erosion Blend material and Rexius EcoBerm Erosion Blend material supplied by a certified supplierfinstaller. The compost portion of EcoBlanket and EcoBerm shall be derived from well-decomposed organic matter source produced by controlled aerobic (biological) decomposition that has been sanitized through the generation of heat and stabilized to the point that it is appropriate for this particular application. Compost material shall be processed through proper thermophilic composting, meeting the Canadian Council of Ministers of the Environment's (CCME) definition fora 'process to further reduce pathogens' (PPRP). The compost portion shall meet the chemical, physical and biological properties (as outlined in the chart on reverse). These and ail other required properties for the performance of the EcoBlanket are included in the Rexius EcoBlanket Manufacture Guidelines followed by certified suppliers/installers. Rexius Microblend additive shall be injected into Erosion Blend material at time of EcoBlanket and EcoBerm construction. A proof of certification as an EcoBlankeUEcoBerm supplier shall be submitted to the EngineerlLandscape Architect for approval prior to installation. Test results for EcoBlanket and EcoBerm performance shall be made available upon request. Erosion Blend Material must meet Rexius' minimum specification requirements for seeding purposes. 3.0 Construction: The EcoBlanket shall be placed as shown on the plans or as directed by the Engineer. On areas with a slope of 2:1 or less, the EcoBlanket shall be uniformly applied directly at the soil surface with a pneumatic blower as specified by Rexius. EcoBlanket shall be applied at a depth of 50 mm and approximately 90 cm over the top of the slope, or overlap it into existing vegetation. For EcoBlanket, Rexius Microblend shall be appliedlinjected at a minimum rate of 615 kgs per hectare (or as specified by Rexius), to be confirmed by inspectorlproject manager. EcoBlanket application depth may be modified based on specific site (e.g., soil characteristics, existing vegetation) and climate conditions, as well as particular project related requirements. Erosion blend material will be injected with seed during application. Seed Mix shall be Standard Roadside Mix as specified in Table 1 of OPSS No. 572. The compost !mulch component shall abide by the minimum standards set by Rexius for seeding. Do not use EcoBlankets in ~, areas of concentrated flow (ie. ditches, streams, etc.): Unless otherwise allowed by Engineer; seeding i shall be performed within the local region's seeding deadlines. i SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-1 g. 4.0 Maintenance: The Contractor shall maintain the EcoBlanket and EcoBerm in a functional condition at all times. Contractor shall make periodic inspections of the EcoBlanket and EcoBerm for effectiveness and shall immediately corcect all deficiencies. Where deficiencies exist, additional EcoBlanket and EcoBerm material shall be installed immediately to required depth. 5.0 Performance: Place EcoBlanket on denuded are i di t l di d as mme a e y or as recte by Engineer. Seed shall be applied as indicated on the Contract Drawings for additional erosion and sediment control. The work specified in the Section consists of designing, providing, and maintaining erosion and , sedimentation controls as necessary. All existing and foreseeable future conditions that affect the work inside and outside the site limits must be acknowledged as the Contractor's responsibility. Contractor is responsible for rovidin effective sedime t tr l b d r p g n con o measures ase on pe ormance. Contractor may, with approval from the Engineer, work outside the minimum construction requirements to establish a working erosion control system. LIGHT DUTY SILT FENCE -ITEM N0.12 The Contractor shall be paid for his sediment control fencing on the basis of the unit price for this Item, including all maintenance necessary to keep the fence fully operative. The unit price bid shall include for the removal of all fence once vegetation has been established. Light duty silt fence shall be constructed in accordance with OPSD 219.110. PRE-CAST CONCRETE PEDESTRIAN BRIDGE -ITEM NO. 73 Work under this Item shall include the following: • Grout the top of the armour stone abutments to produce a smooth bearing surface. Joints between stones are to be grouted. • Supply and install pre-cast concrete slab, as supplied by Coreslab. For information on the precast concrete slab contact Mr. Brian Maillet at 905.589-3993. Length of deck is to be 9.0 m. Connections to stone abutments, and connections between slabs are to be constructed as per manufacturers specifications and as indicated on Contract Drawings. The supplier has indicated that the bridge can be delivered as one solid piece. The Contractor has the option of placing the bridge in 2 pieces and joining the sections as shown on the Contract Drawings or placing the bridge as one piece. No extra payment shall be made for extra costs to place the bridge or construct the joint. The bridge is to be supplied with anon-slip surtace in case asphalt is not included as part of this Contract ' due to budget constraints. ~. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-1 7. HANDRAIL AT PEDESTRIAN BRIDGE -ITEM NO. 14 Under this Item and for the unit price bid the Contractor shall supply all labour and materials to install "Guard" rail on the pre-cast pedestrian bridge as identified on the Contract Drawings. The "Guard" railing shall be Iron Eagle II Series, Elegant Eagle 11 fence panels complete with ball post caps as supplied by: Iron Eagle Industries Inc. ' 1256 Cardiff Boulevard Mississauga, Ontario Canada L5S 1R1 PH: (905) 670-2558 FAX: (905) 670 2841 info@ironeagleind.com or equivalent equal. Posts shall be flange mounted in accordance with OPSD 980.101. Length of panels shall be adjusted to suit the construction. The railing shall meet the requirements of a "Guard" as defined in Section 9.8.8 of the Ontario Building Code. Shop drawings for the "Guard" will have to be submitted for approval prior to fabrication. "The handrail shown in the drawings is not intended to be an accurate representation of the handrail. The handrail shall be installed in panels with the top and bottom rails horizontal and the posts and pickets vertical. Panels shall be stepped as required to meet the spec cations in the Ontario Building Code and as required by the manufacturer. ' The handrail shall be forest green in colour." (As per Addendum No. 1) BONDS, INSURANCE AND MAINTENANCE SECURITY -REM NO. 15 i~ i~ -~ Include: 1 100% Performance and Guaranteed Maintenance Bond for 24 months. 2 100% Labour and Materials Payment Bond. 3 Liability Insurance based on the Contract Price. 100% payment of this Item shall be made on the first Payment Certificate. ~, CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-1 DESIGN GUIDELINES SECTION 900 INSPECTION/CONSTRUCTION t r~ 1.0 GENERAL 1 Al These guidelines are to tie need in conjuaetion ivilh We conditions sd out in the Subdivision Agrermeat, m patticutar Srhtdtrk "1"-Duties of Ownds Eagioorr and Schedule "L"-Rc~ul~ions [orConslntdiott. 1.02 The Owner's Consulting Ettginou shall provide full-time inspection and supervision of all Wottks_ ' i .03 The Consulting Eogioea sha11 take extensive pvooonstruclion photos of sunoandiog lands, atd shall provide dated/descn-bed cppies of such photographs to the Municipality. I.04 Constnrction sites are to be maintained to preveat tronecessary porrding of waler- i -OS Prior to requestrrrg the tnspoctions (or re-inspoctions) (ram the Municipality, the Consulting Engincer shall verify Ure proper completion of the Works, and sabnit a written request. 1.06 All egtupmart, rrraterials and methods involved io herreh backfill, filling. granulate. concrete and asphah strap be monitored and Certified as acceptable by the ownds Geotechnical Engineer (sce anachcd form). Unless rroled oUrerwise, the term "cotgracted" strap mean 95Y° Stardard Proctor or higher (native materials) and 98°/. Standard Proctor or higher (granulaz materials). Such certification shall be in a form acceptable to tlrc Director and stall itrclude all supporting documentation and test results- Mix designs for concrete and asphalt shall be obtained and approved by We Geotechnical Eogitreer. 7Le Geoteclurical Engineer shall ensure that the type, fioquency, location and resuts of all tests is sufficient to ensure certificatior. Furthermore, Ure Geotechnical Engineer shall eawre all results for a given stage of consWction are acceptable prior to commencing the next stage of construchoa 2.0 STORM SEWERS 2.01 All materials shall be visually inspected by the Consulting Engineer upon delivery, Io ensure conformity with specifications and the approved engmeenng drawings, and to ensure any damaged/substandard material is marked and removed from die site immediately. 2.02 [nstallation oC storm sewers shall be continually monitored for adherence to proper bedding, pipe laying, backfilling and compaction procedures. All stone sewers, catchbasins and manholes shall be constructed true to line and grade. Street calchbasins are to be installed in precise ahgrunent with curb lines, and no tolerances will be permitted.. Rear yard catchbasins shall be accurately surveyed and verified by the Consulting Engineer for. correct location prior to the issuance of a Certificate of Completion. The precast tops of manholes and catchbasins shall be checked for excess brickwork poor to roadbuilding. INSPECTION, AfATERULSANp CONSTRUCTI011~37 2.03 Trench witkhs shall be kept at a minimum, while Providing P~ ~vidms to embk mechaorcal oompat~on. All treacLing must adhere to Ministry of Labour requirements. ' 2.04 Manlwks are to fie backfilkd with outside face of the strurAUre. {Gtcltbased seed, extadrng °~, l.0 m from the 300nmr Born the face of the stroave). 2.05 House court dull extead l.5 m i~o the lots atd be plugged with approved , manufatxw,od for BMdrng shall be as per approved strndtrnd drawing. Tees shall be pte- pyus dsOmm diameter and smaller, need (on site) if 525rmr diameter or larger, and shall be suave and watertight. The invert of all tees shall be located above , the springline of the sewer main and shall be a mioimtttn of 600trrrn from the nearest adjacent tee or joint, unless approved Wlrerwise, 2.06 Concrete pyres iMdom of manholes shall be concrete cradled precisely to the first joint. 2.07 All storm sewers, includutg street and rear yard catchbuin leads (and individual service equ pi merit andd~~)• shall be inspected using approved high quality video recording ~~" The h°° shall be carried out in a moaner acceptable to the Municipality and all rideo tapes shall be submitted to the Municipality for review and permanent storage. Video re-inspections may also be requested. 2.08 Infiltration shall not be permitted into the storm sewer system- All leaks shall be , investigated to determine tbeir source and shall be corrocted to the satisfaction of the Municipality. 2.09 Pipes which have failed in any manner, including cracking (03mm design boding cracks excepted), exposed reinforcing or other defects, shall 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 BACKFQ,LRVG GRADDVG AND GRANULAR ROAD BASE 3A! Backfill containing organic or hozen 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 backfill shall not exceed LO 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 Backfilling operations shall follow pipe installation as closely as possible and be limited to 75 metres of open trench maximum: INSPECTION, MATERIALS AND CONSTRUCTI011~38 f 3.03 The Gootechoical shall dotameat all kqs, including failures and atesia, in soqueutial order, twatiarotrsly Uuoughout We projoq. A Dopy of all test resuth tihdl be kept at the site hails, ffi addition to providing daily plotting of all test results ~ the plan and pm6le drawings. 3.04 The Caosvlting Pagiooa shall ermrre the We subgrade is (me graded to the eotrect width, and that the minimum 3•/. croufall is eoosisteatly rtaiatanMd. wilt no longitudinal ruts permittad The Geotodtaical En i i ~1 . g neer S r empty appropriate Us~g measures to assess the suitability of tltc subgtade, incltrdirtg proof-rolling, and shall mike ' appropriate rooommwda6ons to the Carrsulting Eoginar sad Municipality. Whenever possible localized soft anal in the sub d h ll b , gra e s a e replatxd with suitable native material, not granular material. When additional grantdars owst be used, they should be considered oa a sheet by street basis. Snbdrairts mast tlko be lowered aeemdingly, and 10:1 &ust tapes ~ be providod. 3.05 Subdnins shall be installed only after the subgrade has been proof-rolled and the road stnrcture has been 5nalized. Subdrains shall be installed true to line and grade, in a trerrch condition, and shall be badrfilled with approved granular material having aggregates not exceodmg 19rnm. All subdnins stall fie supplied with a 5lter sods. 3.06 The Geotechnical Engineer shall confirm (m a form acceptable to the Municipality) the acceptability of each stage of roadbuilding prior to subsequent stages conanertcing. Subsequent stages of road wnsWction shall not procead witlwut approval from Municipal staff. 3.07 After base curbs are installed, all Granular B muss be regraded and verified by Municipal staff prior to placing Granulaz A. (Any Granular A placed prior to base subs shall be considered Granular B). 3.08 Granulaz 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 from 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 entrairm~ent, etc.) shall be carried out by the Geotechnical 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. COntracUOn joints shall be in accordance with the Municipality's statdard drawings and shall be completed as early as practical and before any initial cracking occurs. Large cracks or several r INSPECTION, MATERIALS AND CONSTRU CTION-34 I smatter aadts between caohadion joists in tombs will of that stx4ion of crab. Sidewalks with distinct ~m ttatoval and replacptteat sacks wiU also roquire teplacet,mt. ' 4.03 Ctuiag ~q-atud tttall tie genotouslY appliod to all e~osed tie surfacas, t~atdless of ambient temptzatttres or sasoq between 1 and 2 hotta of finishing. 4.04 All stubs to tie placed sing approved wib curb machine plaatueat shall be machines. Erttxss concrUe formed during Pi'n~Y trimmed surd removed i pr or to setting. The minimum length of comb to be rattoved and replied a6aU be l.5 m. No coacrde patdr repairs shall be petiriitted. 4 05 ' . Mato placetueat of top club, base sub shall tie cloned and then inspected by ipal staff Base wrb surd stiirtr p b h ps a a e «pairodand/or replaced as direaYCd. , 4.06 The depth of top stub at the edge of pavemuit shall mot be less than i00mm and shall be continually verified by the Cottsuhing Eoginoer 4 07 . . Immediately prior to the placement oCtop sub or sidewalk, the existing strdacc shall be dampened wiW watu to prevent le hi f ac ng o moisture Dorn the fresh concrete. , 4.08 Driveways to be as per approved house siting Plans, with minimum widths of 4.bm for single detached hormes. 5.0 ASPHALT PAVEII>EM'I 5 01 . All asphalt pavememt materials shall be supplied by MTO approved sources, in accordance with OPSS 310 1003 , and 1150 {latest revisions thereof)- MarshalVeztraction/density tests shall b e carried out by the Geotecin»cal Engineer in accordance with OPSS and relating to the approved mix desi n N t P g . o e: rovincial and Municipal projects differ with respect to conh t d i ac a m nistration, paving project sizes, Quality ControVQuality Assurance procedures and testing Ge uencie A q s_ s such, several OPSS specifications are not appropriate for Municipal use and shall not apply, as determined in the sole discretio f th n o e Director. Since current testing mcthods do not enable ongoing monitoring {and therefore corrective action) of the asphalt, the onus shall be on the asphalt s~pliers and contractors to ensure h t rough tfieu own Quality Control methods, drat their product meets the basic standard s with no exceptions for 'borderline' test results permitted. Any reference to `bordetiine' ` or to taking immediate corrective action' based on notification of laboratory test results shall be deleted d th ' an e 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 irrmtediately removed. Financial c i ompensat on using MTO formulas (to offset .service life reduction m borderline work) may be consid d ere , at the sole discretion of the Director, provided such amount is calculated by the Consulting Engineer, and all parties are in agreement. , INSPEC770N, MATERULSANp CpN~UCTION--IO 5.02 Prior to placing sttrixx asphalt, base asphalt stall ~ kept clean of all diA, debris and dust. Areas of batx asphalt shall be rratttnrcd and replaced as dirceted. using a vertical sawcut at all peritnetets. 71re use of a Geo1irid or approved equivalent may also be directed by the Municipality- Low arcs ahaU be padded b ensure a surfatx nat of uniform dricltaess. 5.03 Each manhole is b 6e precisely raised to 6oa1 grade, and verified by the Developer's Consulting Euginea and Municipal staff. 5.04 Tack coat shall be applied just prior to surface paving operations and shall be albwed to dry until it a m a pmptx condition of tackiness. The length o f roadway prepaed shall be limited to the ia®ediate paving section, to reduce tradong. >t shall 6e event the rate of 0.4 filreslsq. m taking care no( to Y aPP~ at surfaces. ~' ~. sidewalks or any other mdjaoatt S.OS Driveway paving stall be fully inspected and verified for depths of stoce and asphalt, and the compaction thereok and ensuring that asphalt is ~ a sufficient tetopetanQe for placement. tIIJA (fB,3F) will not be permitted, except in spxial cases wAh the approval oC Ute Director. Crowning or rounding of the limestone will not be pemtined. Materials testing may be required for driveway apron gravel and asphalt, as directed. 6.0 TOPSOQ„ SODDING A1VD SEEDB~IG !~ 6.01 All areas requiring sod shall fast be fine then prepared with IOOmm oC nod ~~' mspect~ by the Cotrsultmg Eargiocer, g 9~tY topsoil- Topsoil and sodding-shall meet the requirements of OPSS 570 and 571, in addition to meding any additional requirements set out in Were specifications. Boulevazds shall have 2% positive drainage toward the curb and shall be fully sodded, except in areas covered by driveway aprons or sidewalk- 6.02 Alt topsoil shall be Gee tram native till or clay, roots, vegetation, weeds or debris, stones and clods over SOmm in diameter. Imported topsoil, i(required, shall be fertile, bamy, screened material of a quality acceptable to the Director (containing approximately 4% organic matter for clay hams and 2% minimum organic matter for sandy loarttc wiW acidity range of 6.0 PH) Topsoil infested by the seeds oC noxious weeds will not be acceptable. 6.03 All sod shall meet Ute requirements of Ontario Sod Growers Association No. I Bluegrass Fescue Nursery sod. The sod shall be taken fiom good loamy soil and shall be healthy, well permeated wiW roots, have uniform texture and appearance and be Gee Gom 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 tlusfi with aq adjacent surfaces. and shall have no open gaps, overlapping edges or uneven joints. Where adjacent or framing lands have already been sodded, care must betaken to ensure INSPECTION, MATERI,~I,S~~ CONSTRUCTION-41 t.. , drunage rs u-tiotained trod a sttrooth traasi4on is achieved. Oa slopes 3:1 and stoepet, sod shall be sttitod u req. 6.04 Laid sod shall ~ ~~ commence . Y rolled to Produce >4 even surface and w"~B shall mrmediatdy thaaRer trod shall continue on a IteahhY,oWs re+novecd ~ Pelt [f sod fails b estab~ basis ttofil through c~hnwq, ~ ~~ shall be made b try to ro wak/dad sod , entire wort shatl 6e done in thomug4ly orlnoanlike a ~~ by the Dnocbr. The rev ~msiteA°Y M ~deemod wfi1 by Director shall be ~mediate~jy ' to communiate with residents ~~~ it is in the best interest of the c~tractor regarding ~ needs oCnewly laid sod over the first year. 6.05 Where approved 6y the Municipality, hydraulic siding sad mulching may 6e petiorrtted provided that it oonfomu to the /~ttario Provincial Standard SPedficatiat No. 572. ~I i [~ 1 1 1 i 1 r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-1 STANDARD DRAWINGS '~ ', '~ '~ ,' 'i 1 PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2009-1 STANDARD NO. DESCRIPTION OPSD- 219.110 LIGHT-DUTY SILT FENCE BARRIER 980.101 PEDESTRIAN BARRICADE INSTALLATION P:1Dept 12112-296201Specs\CL2009-1-StandDraw.doc Area under ~~ construction ~~ Area under '> i ~£ e~~ ~ End ~` t ~ run rr^~ Barrier ~ main run ~ ; ~"~ ~ i1 `Y~ V ~' } End run - ~ °W'~ va. i ari Area under protection ii •.- w w ! t w PERSPECTIVE VIEW Direction of flow Silt fence bonier ~-- Area under protection SECTION /~? Direction of flow e"o •,.~~ y 2.3m max, Typ Main run - PLAN `-- A Stake Geotextile c E 300mm min E of geotextile~ E in trench 0 Direction `O Trench to be of flow backfilled and compact» 0 0 ~ N O O b NOTE: SECTION A-A A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING LIGHT-DUTY SILT FENCE BARRIER Nov 2006 Rev OPSD 219.1 10 Earth surface = m N x.o mz 0140 ~ D ~~ r~a o o.. oNN Z r^ ~ ------ ~ Z ~ ~ D `~ I ~-- ~ ^~' ~ _ O v - - ~' I ~v ----- 3 0 i D 3^ _ zm yI*1u, m~~~33 a °~ `°~ Z<~ ~~.0~033 u; ~~ ~ ~ mo m o m aa ~m ~ 3 ~ n~Om 0 > o ° ~ ~ooaooo 3 ~ ~ 0 ~Zm 3 - 3° f~l~no ,per sa°foo o A a C m a o~o':<m ~ O ~ _ ~ -~ ~ m o = ~ W o s O O o~ -~ n o m m Z ~ N D r Z D O ~ Z ~ v fTl I I I N i vl I I I 1 I O i ~ '° ~ 150mm with sidewalk I . 300mm with footing N ~ R7 I ~. e~": .i ~ 12S . ~ I f--10 I , O ~ Z _ O ~ `.; I D Z I ~ ,» i. .~ 3 m '~ D I ~ .. o0 I ~ ~ O 1 3 ':.'s ': aim" O ~r ~ ` < `~ 3 - A o ~ Z v'3 ^o 3 C7 n, y oo > r GJ r. 450 ---;^ 450 •D ~~IN E_= ~--- I bAD o ^, - 000 ~ o N y N_ QOM ~ A ~o a 3 ~3 m ~ v m m r m < -i O Z 3 3 0 v° 175 0 0 m O !~ 0 .o a mn o - ao o- n a e1 m o v3 03 m _ 0 0 0 3 3 3 e x a 600mm max ~ o ~ c w D n 175 Z D D V1 " < _ ~: ~ ~ U~ =o ,: o a J~ `~ _- i ~ Z ~o . I' I O Z .a.~~ OD mOD~D~O~o SC7 W_O~ W rt= 3n. -- N 0 0 ~`O 00 T I j 'r ~ a - ~ O_ to ~` O ~ N ` ~ ~ l~ y J ~ . f n n ~ ° ~ ~ S o ~ N 0 0 m ~ a N j Q~ fl U c ~ D~ ry m 6m m (A ~O O ~ A ,~ O O Xom O"O O o0j W D- N JNF N U v o > ~ 3~~ ~ ~s v~3 ~ ~ O ~ n o o rn> 7~ rt ~. A 7 lp 3 rt N 1 ~ 3 i ~ ~ p_ ~ A ffl t0 ~ N ~ ]. (D _ W p ~ N O ° wn ~~ ~ `D~ w O ~p ~ -' o o Omo a~ p a o Z ~ -,.~ p Oa N 30°~ ~ NN' a~o vm•.. hN ~, D ~ D ~ Nom ~ 0 - ~~a ~ d~O~ O u7QO 07 . D I u. ~~ m p? ~ °. rn ~ J N A - W N . ~ o m , O~ N (n N - w-~N ~ 03 c aDa~~ ..D . ~~ O p ~\ ' W. i i a 3 m _ , o m W~ 3 ~ a I ~ ~ d (n .~ 3 ~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-1 GEOTECHNICAL INVESTIGATION '~ '~ 01 March 2007 Ref. No. 5027-6-11 Fax: (905) 372-3621 V. A. WOOD ASSOCIATES LIMITED ~a-Z5~ CONSULTING GEOTECHNICAL ENGINEERS 6?A 1080 TAPCOTT ROAD, UNIT 24, SCARBOROUGH, ONTARIO M1X 1E7 TELEPHONE: (416)292.2868 • fAX NO.: (416) 2925375 Totten Sims Hubicki Associates 513 Division Street Cobourg, Ontario K9A 5G6 Attention: Ron Albright Re: Proposed Pedestrian Bridge Lion's Traif Courtiee Community Centre Courtice. Ontario Dear Sir: iz- MAR 0 81007 70Ti EN Sih1S I;UBICI4 ASSOCIATES ~QB~URG - OMAFlita' We understand that the EverArch bridge will require a reinforced concrete slab on both sides of the bridge. It is also understood that the bridge approach will be raised by 0.9 metre (3 ft) and this will be carried out using an embankment of granular material. Based on the email, the applied pressure will be less than half of the typical allowable bearing pressure for soft clay, and is assumed not to exceed 2~ kN/mZ. Additional load will came from the granular embankment and the concrete slab, but these will be able to spread the load over a wider area. However, signifcant settlement will still likely occur from consolidation of the soft clay, probably of the order of 75 mm (3 inches) immediaiely under the slab and decreasing towards the edge of the embankment. Burgess Engineering should confirm that the structure can accommodate this movement with no adverse effect on the integrity and usability of the structure. The embankment should be properly compacted and sloped such that it is stable under the surcharge from the bridge and the anticipated `live'surcharge, and should be protected against erosion and scouring during high creek flows. As discussed in our geatechnical report, the very loose surficial alluvial sand should be removed together with the vegetation and topsoil, before placement of the embankment. V:. ASSOCIATE OFFICE: V.A. WOOD (GUELPH) INC., 405 York Road, Guelph, Ontado, N1E 3H3 TELEPHONE: (579) 763-3101 f Ref. No. 5027-6-11 Totten Sims Hubicki Associates March 1. 2007 page 2 Should you have any questions or concerns regarding this letter, please do not hesitate to contact this office. Yours very truly, Y.A. WOOD ASSOCL4TES LIMITED ~~ x-751 Rene Quiambao, B. Sc. Reviewed by: ~'~/ V. Wood, P. Eng., MEng. RQ/VW /pROF^E.SS~pN~ N/e~p~_ \ FyG' V. WOOD m a ~p~ 4~N~e or~SP o t J V. A. WOOD ASSOCIATES LIMITED CONSULTING GEOTECHNICAL ENGINEERS 108(1 TAPSCOTT ROAD, UNIT 24, SCARBOROUGH, ONTARIO MIX 1E7 TELEPHONE: (416) 292-2868 FAX No: (416) 292-5375 GEOTECHNICAL INVESTIGATION PROPOSED SKATEBOARD PARK AND LION'S TRAIL PEDESTRL4N BRIDGE CO URTICE COMMUNITY CENTRE COURTICE, ONTARIO IL-'-Y~LC, Ref. No. 5027-6-11 December 2006 Prepared for: Municipality ofClarington c% Totten Sims Hubicki Associates 513 Division Street Cobourg, Ontario K9A SG6 DISTRIB UTIOr~'. ~• ~ ~ E 1 7' E D (4) Copies - Municipality of Clarington c% Totten Sims Hubicki Associates SAN ~ 0 2UU7 (2) Copies - V.A. WoodAssaciates Limited -~CI(i riSiivl;ia)-ES COBOURG-ONTARIO S A ®- - ASSOCIATE OFFICE VA~ WOOD (G't1ELPII) 84C., 106 Yak ROaA, Guaph. Orl~b, N1E 3N3 TEI.EPlIONE: (519) 7833101 . , CONTENTS Paee 1.0 INTRODUCTION ........................................... 1 2.0 FIELD WORK ............................................. 2 3.0 SUBSURFACE CONDITIONS ................................. 4 -I.0 GROUNDWATER CONDITIONS ............................. 10 S.0 DISCUSSION AND RECOMMENDATIONS .................... 12 6.0 STATEMENT OF LIMITATION .............................. 23 APPENDIX APPENDIX 'A' Statement of Limitation ENCLOSURES r~ro BOREHOLE LOCATION PLAN ...............:.............. I BOREHOLE LOGS ...................................... 2 - 9 II II II II II I1 II II Ref No: 5027-6-11 1.0 INTRODUi 1 V.A. Wood Associates Limited was retained by Totten Sims Hubicki Associates on behalf of the Municipality of Clarington to carry out a geotechnical investigation for a proposed skateboard park and pedestrian bridge in Courtice, Ontario. It is understood that the skateboard park will be comprised of a variety of curved slabs-on- grade, retaining walls and strip footings, and that the pedestrian bridge will be a single span structure across Black Creeksouthwest of the Courtice Community Centre. It is understood II II II II II II II that there are two alternative locations for the park, and for purposes ofthis report these are named Site A (the grassed area east ofthe Soarth Courtice Arena parking lot), and Site B (the volleyball court of the Courtice Community Centre complex). The proposed bridge will cross Black Creek on Lion's Trail just southwest of the Courtice Community Centre Complex. The purpose of the investigation was to reveal the subsurface conditions and to determine the relevant soil properties for the design and construction of the foundations and the paved areas of the skate board park and the foundation of the pedestrian bridge. II II I1 I1 Ref..No: 5027-6-11 2.0 FIELD WORK 2 The feld work was carried out on December 13 and 18, 2006 and January 3, 2007 and consisted of eight boreholes at the locations shown on Enclosure 1. All of the boreholes, except Borehole 8 (which was drilled using a motorized tripod) were advanced to the sampling depths by means of a power-auger machine, equipped for soil sampling. Standard Penetration tests were carried out at frequent intervals of depth and the results are shown on the Borehole Logs as N-values. The field work was supervised by a soils technician and the soil samples were logged by a soils engineer. All samples were transported to our laboratories for further examination, classification and testing. The ground elevation at each borehole location at parkSite Awas referred to a temporary benchmark located on top ofthe baseplate ofthe hydro pole west afthe site. This benchmark was given an assumed elevation of 100.00 m. The ground surface at the volleyball area is generallyJlat, and the borehole elevation at the borehole locations may be considered the same jor the purpose of this report. Ref. No:.i027-6-11 3 The ground elevation at the two borehole location at the proposed bridge site was referred to a temporary benchmark located on top of the corrugated steel culvert across the dirt trail just east of the bridge site. This benchmark was given an assumed elevation of 100.00 m. Ref Na: 5027-6-11 3.0 SUBSURFACE CONDITIONS Full details of the soils encountered in each borehole are given on the Borehole Logs, Enclosures 2 to 9 inclusive, and the following notes are intended to summarize this data. Site A Boreholes 1. 2 and 3) All three boreholes encountered a surf:cial deposit ofd which extended to depths of between 0.7 and 2.1 metres below grade. This fill generally consisted of mixed silty sand and topsoil, which contained traces of organics and fine gravel in places. Standard Penetration tests in the fill gave N-values between 2 and 10 blows/300mm. Based on the testresults, together with a visual and tactile examination, the fill is considered to be in a very loose to loose condition. The fill in all three boreholes was underlain by a deposit ofsilty sand till which extended to depths ofbehveen 2.1 and2.9 metres belotiv grade. Standard Penetration tests in this deposit gave N-values ranging from 30 to more than 100 blows/300mm. Based on the test results. the silty sand till is considered to have a dense to very dense relative density: 9 I I 1 t Ref No: 5027-6-11 5 The silty sand till in Boreholes 1 and 3 was underlain by a deposit of sand which extended to a depth of 2.9 f metres below grade in Borehole 3 and at least 3.5 metres below grade in Borehole 1. This sand is well graded and contains traces of silt or gravel in places. Standard Penetration tests in this deposit gave IJ-values of more than 100 blows/300mm. Based on the test results, the sand is considered to have a very dense relative density. 1 1 The silty sand till in Borehole 2 and the (well graded) sand in Borehole 3 were underlain by the sand which extended to the maximum depth of the Boreholes (i. e., 3.5 metres below grade). Standard Penetration tests in the stratum gave N-values of 88 to more than 100 blows/300mm. Based on the test results, the fine sand deposit is considered to have a very dense relative density. Site B (Boreholes d 5 and 6) 1 t Borehole 5 encountered a surftcial deposit of sand tff which extended to a depth of 0.3 metre below grade. Borehole 6 encountered a surftcial deposit of toDS011, which.extended to a depth of 0. S metre below grade. Ref No:.i027-6-11 6 ' The ground surface in Borehole =1, the sand fill in Borehole .i and the topsoil in Borehole 6 , were underlain by a layer ofd which extended to depths of between 0.8 and 1. d metres ' below grade. This fill generally consisted of mixed silty sand and topsoil, which contained traces of organics and fne grave! in places. Standard Penetration tests in this fill gave N- , values between 6 and 10 blows/300mm. ' Based on the test restdts, together with a visual and tactile examination, the frfl is considered , to be in a generally loose condition. ' The fill in all three boreholes was underlain by a deposit of silty sand till which extended to ' the maximum depth of the boreholes (i. e., 3.5 metres below grade). Standard Penetration tests in this deposit gave N-values ranging from 11 to more than 100 blows/300mm. Based on the test results, the silty sand till is considered to have a compact to very dense , relative density. ' Pedestrian Bridge Site (Boreholes "and 8) Both boreholes encountered a surTcial deposit ojtonsoif, 1 SO to 250 mm thick. The topsoil was underlain by a deposit ofsandy silt which extended to a depth of between , 0.6 and 1 metre below grade. This deposit contains organics and appears to be alluvial in ' Ref. No: 5027-6-11 7 origin. Standard Penetration tests in this deposit gave N-values between 2 and 3 blows/300mm. Based on the test results, the sandy silt alluvium is considered to have a very loose relative density. The topsoil in Borehole 7 was underlain by a deposit of silty clav till which extended to a depth of behveen 2.1 metres below grade. This till is comprised of silty clay matrix which contained traces of fine gravel. Standard Penetration tests in this deposit gave 1V-values between 5 and 6 blows/300mm. Based on the test results, together with a visual and tactile examination, the silty clay till is considered to have a stiff consistency. The silty clay till in Borehole 7 and the silty sand alluvium in Borehole 8 were underlain by a deposit of clay which extended to depths of between 3.9 and -1 metres below grade. This deposit is composed of highly plastic clay and contains occasional gravel, and is possibly a till deposit Standard Penetration tests in this deposit gave N-values between 1 and S blows/300mm. Ref No:.5027-6-11 s Based on the test results, together with a visual and tactile examination, the clay is considered to have a soft to frrm consistency. The clay was underlain by a deposit of clayey sand till which extended to a depth of behveen 6 and I I metres below grade. This till grades to sandy clay till and is comprised of a clayey sand matrix which contained traces of fne to medium gravel. Standard Penetration tests in this deposit gave N-values ranging from 4 to 9 blows/300mm. Based on the test results, the clayey sand till/sandy clay till is considered to have a loose relative density or firm to stiff consistency. i The clayey sand till was underlain by a deposit of sandy silt till which extended a depth of 7.6 metres below grade. This till is comprised ofa sandy silt matrix which contained traces of fine to medium gravel. Standard Penetration tests in this deposit gave N-values behveen 16 and 18 blows,'300mm. Based on the test results, the sandy silt till is considered to have a compact relative density. The clayey sand till in Borehole 7 and the sandy silt till in Borehole 8 tivere underlain by a deposit of silty sand till which extended to the maximum depth of the boreholes (i. e , 9.2 to 17 metres below grade). This till is comprised of a silty sand matrix which contained traces '. Ref No: X027-6-11 9 of fine to medium gravel Standard Penetration tests in this deposit gave N-values ranging from 8 to ~8 blows/300mm. Based on the test results, the silty sand till is considered to have a loose to very dense relative density. Ref No: 5027-6-11 -1.0 GROUNDWATER CONDITIONS Site A (Boreholes 1. 2 and 3) 10 All three boreholes did not encounter a free water surface, and they were all open and dry to the full depth upon completion ofthe f eldwork Examination ofthe samples revealed that the fll was generally wet, and the native till and sands were generally moist to damp and have a brown colour to the full depth of the boreholes. Based on these, the permanent ground water table was considered to be located at a depth of at least 3.5 metres below grade. Perched rovater table may occur within the f 11, on the surface of the relatively impervious till, and possible west sand seams in till. Site B /Boreholes 4 5 and 6) A free water surface was encountered in Borehole ~ at a depth of 2. d metres below grade. The two remaining boreholes did not encounter a free water surface, and they were both open and dry to the full depth upon completion ofthe f eldwork Examination of the samples revealed that the fill was generally moist to wet. and the native till was generally moist to damp and have a brown colour to the full depth of the boreholes. Ref rVo: 5027-6-11 I1 Based on these, the permanent ground water table was considered to be located at a depth of at least 3.5 metres below grade. Perched water table may occur within the f 11, on the surface of the relatively impervious till, and possible west sand seams in till. Pedestrian Bridge Site (Boreholes 7 and 8) A free water surface was encountered in Boreholes 7 and 8 at a depth of 0.9 to 5.5 metres below grade. Examination of the samples revealed that the native till deposits were wet to saturated, and were grey in colour to the full depth of the Boreholes. Based on these, the permanent ground water table was considered to 6e located within 0. S metre below grade, and will likely be controlled by the water level in the creek . Ref. No: 5027-6-11 ~.0 S.1 12 DISCUSSIONAND RECOMMENDATIONS General L~ The boreholes at the alternative locations for the skateboard facility encountered 0.7 to 2. I metres of very loose to loose fill, followed by competent deposits of glacial till and sand deposits. At both sites, the permanent groundwater table is considered to be located at a depth of at least 3.S.metres below grade, although perched water conditions may occur within the fill, on top of the till, and within possible wet sand seams in the till. The boreholes at the pedestrian bridge site encountered 1 SO to l.i 0 mm of topsoil, followed by 0. =7 to 0.8 metres ofsandy silt alluvium, then soft to stiff or loose deposits of clay, silty clay till and clayey sand till, followed by compact to very dense deposits ofsandy silt till and silty sand till. The permanent groundwater table is considered to be located at a depth of not more than 0. ~ metre below grade, and tivill likely be controlled by the water level in the creek. It is understood that the skateboard park will be comprised of a variety of curved slabs-an- grade, retaining walls and strip footings, and that the pedestrian bridge will be a single span, probably pre fabricated steel structure, with access ramps. Full details of the proposed structures were not available at the .time of this report, and the following recommendations should be reviewed when these are available. Ref No: 5027-6-11 ~.2 Skateboard Park Features Retaining Walls and Footings 13 The st~rficia! deposit of fill is not considered to be a suitable bearing stratum. The foundations for the proposed retaining walls and footings should, therefore, be extended to the surface of the dense to very dense silty sand till, which are capable of supporting base slabs designed to an allowable bearing pressure of up to 300 kPa. This bearing stratum was encountered in the borehole at Site A at a depth of 0.7 to 2.1 metres below grade, and at Site B at 0.9 to 1.4 metres below grade. All exterior footings and slabs or footings in unheated areas should be located at least 1.2 metres below fnished grade for adequate frost protection. The retaining walls should be designed to resist lateral earth pressures, the magnitude of which can be obtained from: P _ K(Y d+9) where p earth pressure kN/mz K = earth pressure co-efficient = 0.35 for a free cantilever wall Y unit weight of backfill - 20 !uU/m' for granular fill d depth below finished grade -metres q = surcharge due to live load Ref No: 5027-6-11 14 ' The walls should be designed to resist overturning with a factor ofsafety of at least 2 during all stages of construction. At Site A, it is noted that the surficial deposit of fill extended to depths of up to 2.1 metres ' in the 6oreholes. To minimize the amount of excavation and height of foundation wall, an alternative solution would be to remove the existing fll from within the proposed retaining wall envelope and then use approved imported granular material to form a foundation pad for the wall. In this case, the wall foundation can be designed using an allowable bearing pressure of up to 150 kPa. The procedure would consist of the following: 1. All topsail, fill and any other deleterious material from beneath the proposed base slabs should be removed. 1 2. The exposed subgrade should be inspected and approved by qualified geotechnical personnel prior to the placement of approved granular material. Any soft/loose zones which are encountered should be removed and replaced with approved imported granular material compacted to at least 98% Standard Proctor maximum dry density. 3. The area should be brought up to fnal subgrade level with approved imported granular material placed in horizontal lifts not exceeding 200 mm thick and compacted to at least 98% Standard Proctor maximum dry density. -1. The granular pad under the base slabs should extend to at least 0..5 metres laterally beyond the edge of their perimeter at the foundation level and at least a distance egzral to the depths of the granular pad, at the level of the approved subgrade. ' I Ref No:.1027-6-11 15 Retaining walls should also be designed to resist sliding with a factor of safety of at least ,~ 1..5. The resistance to sliding will be provided by the friction between the concrete base and ~ the subsoil. The subsoil is likely to consist ofsilty sand till and the sliding resistance can be based on a co-efficient offriction of 0.5. Ifthe alternative solution is adopted (base slab on granular pad) then the sliding resistance can be based on a co-effcient offriction of 0..57. It is estimated that the total and differential settlements of base slabs and footings designed to these bearing pressures will be less than 25 and 20 mm respectively, which are normally considered to be acceptable for the proposed structure. It is recommended that all foundation excavations be inspected by geotechnical personnel from V.A. Wood Associates Limited to ensure the founding soils are similar to those identified in the Borehole Logs and that they are capable ofsupporting the design loads. Slabs-On-Grade The existing topsoil and f I(at both Site A and Site B are considered not suitable jorslab-on- grade construction. All topsoil, frll and any deleterious fill should be stripped from the within the footprint of the slab-on-grade. The subgrade should then be re-compacted from the s'airface to at least 9 i % ofits Standard Proctor rnaximurn dry density.:4ny additional fill should than be placed in 1.50 to 200mm thick lifts and compacted to at least 95% Standard ~. Ref No: 5027-6-11 16 Proctor rnaximum dry density. It is recommended the fill be placed at least one month prior to the slab-on-grade construction in order to minimize future settlement of the fll. It is recommended that the slab-on-grade consist of at least 1 SO mm of reinforced concrete. Approved imported granular material should be used as backfrll to all trenches (including foundation excavations), under reinforced concrete slabs and paved areas since the native silty sand frll will be difficult to compact in the narrow confnes ofa trench. Alayer ofrovell-graded free-draininggranular material, at least I SOmm thick and compacted to 98% of its Standard Proctor maximum dry density, should be placed under the reinforced concrete slabs to provide a uniform bearing surface and to act as a vapour barrier. Excavation and Groundwater Control , 1 i 1 1 1 No major construction problems due to water, are anticipated with excavations to a depth of less than 3..5 metres belotiv grade. Provision should, however, be made for control of any surface water run-off and minor subsurface seepage from the fill and any wet sand seams by pumping from local sumps as and where required Excavations to a depth of more than 1.2 metres below grade should be cut back to a side slope of I to 1 or, alternatively, supported using adequately braced sheeting. 1 I Ref No: 5027-6-11 Comparison of the Sites /7 Bused on geotechnical considerations, Site B on the volleyball court of the Courtice Community Centre is considered the better site for the skateboard park, owing to the smaller volume of fill that would have to be removed The subsoils at both sites are considered moderately to highly susceptible to frost. 5.3 Pedestrian Bridge Bridge Foundation The proposed pedestrian bridge tivill be across Black Creek within a natural ized storm water pond. It is thus anticipated that the deck of the bridge will be raised at least 1 metre above the existing creek banks. The bridge abutments should be founded at a depth of not less than 1.2 metres below the anticipated maximum scour depth. The suitable bearing strata were encountered at a depth of at least 6 and 1I metres in Boreholes 8 and 7, respectively. These are eonsidered not practical for a spreadjoundation, Ref No: X027-6-11 18 and therefore a piled foundation solution is recommended Due to the presence of water- bearing sands at the proposed foundation levels the use of caissons is not recommended. Steel piles driven to an adequate set in the very dense silty sand or sandy gravel can be designed on the basis ojan allowable stress of 70 MPa on the steel cross section. The piles may be steel tubes or H piles. An adequate set for the piles is expected to be attained in the dense to very dense silty sand till in the north abutment at a depth of 17t metres be7otiv grade and in the south abutment at a depth of 9t metres below grade. The final bearing capacity of each pile should be determined during driving, based on a suitable dynamic formula. It is estimated that the total and differential settlement of the piles driven to refusal in the dense to very dense silty sand till will be less than 25 and 20 mm, respectively, which are normally considered to be acceptable for the proposed structure. It is recommended that all pile installations be inspected on a full time basis by geotechnical staff from V.A. Wood Associates Ltd. to ensure the proper founding level has been reached and that the bearing stratum is adequate. r r Ref No: X027-6-II 19 The lateral resistance of piles subjected to horizontal loads can not be assessed without a full scale loading test. However, for design purposes the lateral resistance may be calculated using accepted engineeringformulas using the soil parameters in the table below: Parameters Soft to Firm Clay StiJfSilty Clay Till Loose Clayey Sand Till Compact to Dense Silty Sand Till Undrained shear strength, C„ .i kPa 30 kPa 100 kPa Angle of friction, ~` 0 28° 35° Bulk density, y 16 kN/m' 18 kN/m' 20 kN/mj Coefficient of passive earth pressure, KP 1.0 4.0 6.0 Excavation and Groundwater Control Excavations for the abutments are likely to extend to a depth of at least 1.2t metres below the creek bed through weak and permeable alluvium (possibly with peat) and weak clay and silty clay till deposits. It is likely that sheetpiles may be required to support the excavation. Seepages may then be pumped from local sumps located as and where required. Ref. No: 5027-6-11 Abutments zo The abutment walls should be designed to resist lateral earth pressures, the magnitude of which can be obtained from: p = K(Yd+9) where p = earth pressure, kPa K = earth pressure coefficient = 0.35 for a free cantilever or 0.45 for a propped cantilever or rigid frame y = unit weight of backfill = 20 kN/m3 for granular f Il d = depth below frnished grade in metres q = surcharge due to live load The abutment should be designed to resist overturning with a factor of safety of at least 2 during all stages of construction. .roach Embankment It is anticipated that the bridge deck will be at least I metre above the existing banks and, therefore, the access ramps will be at least 1 metre high. The very loose alluvial silty sand ~~ may not be able to support this embankment, and should be removed, together all vegetation and topsoil. The subgrade should be approved by a representative from this office prior to placing any fill. 1 r t. r ~r Ref. No: 5027-6-11 21 The fill should consist ofapproved material (likely to be imported), and should be placed in I.i 0 to 200 mm thick layers and compacted to at least 98% ofits Standard Proctor maximum dry density. The side slopes of the embankments are expected to be stable at a grade of l horizontal to 1 vertical. Ref. No:.i0z7-6-I1 0 STATEMENT OF LIMITATIONS zz The Statement of Limitation presented on Appendix A' is an integral part of this report. VA. WOODASSOCL9TESLIMITED Prepared by: R e Quiambao, B. Sc. Reviewed by: V Wood, MEng., P.Eng., RO~VW APPENDIX ^ Ref No. 5027-6-11 APPENDIX 'A' STATEMENT OF LIMITATION The conclusions and recommendations in this report are based on information determined at the borehole locations and on geological data of a general nature which maybe available far the area investigated. Soil and groundwater conditions between and beyond the boreholes may differ from those encountered at the borehole locations and conditions may became apparent during construction which would not be detected or anticipated at the time of the soil investigation. We recommend that we be retained to ensure that al! necessary stripping, subgrade preparation and compaction requirements are met, and to conf rm that the soil conditions do not deviate materially from those encountered in the boreholes. In cases where this recommendation is not followed the comoanv's responsibility is limited to interpretine accurately the information encountered at the boreholes. This report is applicable only to the project described in the introduction, constructed substantially in accordance with details of alignment and elevations quoted in the text. ENCLOSURES Ref. No. 5027E-6-11 Enclosure 1 '~ ENTRANCE ROAD p ~~}} '. 11m BH ~ 9m ~ ~ PARKING ! J -- r._BH~ l-, -__.35m ,22m t '_ BHZ~ PAVED i f ~Sm PARKING ! ~ IiI , i 30m ~ Benchmark: i Top of base plate of H d l _...33m ....~ i 19m i .i_ p ,1 2gm- BH4~ ' ro po y e Assumetl Elev. ~ _ _ 5m t00.00m p BH1 ~_.~ __- ~ i i <-> -70m --- Sm- SITE A SITE B SOUTH COURTICE ARENA COURTICE COMMUNITY CENTRE PARKING LOT VOLLEYBALL COURT N BH7 Benchmark: ~ fim Top of wrrugaled steel culvert ~ _- -' ~ " Assumed Elev. 100.OOm ~ ~ Bm ....., y~-. TRAIL.. -' ~ ~ BLACK CREEK _ ,7m": LION'S TRAIL BRIDGE SITE - .BOREHOLE LOCATIONS SCHEMATIC PLANS i 1 r 1 Reference No : iU27-(r-I I Borehole No 7 Enclosure No : fl Client :'1'atlen Sims Iluhicki :\ssociutes ProjccL PropnccJ Pedestrian Dridgc NlethoJ :.\ugcr Location :Lion's frail, Cm:rtice, ON Diameter : 1 IUmm Datum Elevation : Lurd Dale :Iles 13. 2UU6 SUDSURFACE PROFILE SAMPLE e ~ Standard Water E l ~ ' Pene[rafi°n Plastic Limit i `m a a° l y a a a (blowsl300mm) Liquid Limit m O T m Z I 20 4U 60 80 100 10 20 JO 30 50 ~ h i F Z C 100 U Ground Surface 9y,a 'I 2S0 mm Tnpsnil 1 SS 3 ~ ~ ',. S.ANDV Sll;f I !water cocoa nlered 1 \'en~ louse Iracc wood fragments dark 2 SS i ' at 11 7 m ~ , , . I brown, wcl (~\Ifurium) 3 SS 379 2 SILTYCLAYTlLL ---' ~ Slifl; trace fine gravel, hrown then 3 SS 2 ~' 3~ rev. wet _.. ~ CLAY 5 SS 1 ' ' 9G ~ S ft f t d ~ ~~ ~' irm, rev, we[ o saturate o to ~. _----- - - -- - 5~ 6 SS a _ _.. 7 SS 8 j CLAYEY SAND TILL 7~ caved in 7.3 m Louse/lirm In stiff, grades bt sandy cla} 8~ _ :: :: 8 SS fi _- fill. trace fine t° medium gravel, sticky, :y grey, we[ t° sa[u rated 9~ 3 , ;_ _ I ~ , 55 ~ 7 ~ ln sq 1 1 J I j I z- !, = mi ss s ~ I U h l t d d 13 y ~ orc o c cs cn c ~ &um I2.G m un SILTY SAND 7fLL ' ~ ' Ian 3 211(17 ~ l4i Lost hemming compact to very dense 11 I Sti 5 _ . , -]I trace fine to medium gravel, occasional I 15~ scams of sand, grey, saturated i 12 ( 58 1 22 '~, O ', 83 ! i ..j ~ - ' ' 7 _ T/ ST TnICf /J I 1 I puasiblc cobble 'i - ICnd °f Rureh°Ic I f!A. WOOD ASSOCIATES LIMITED Uisk ~'° : ~ - - - - - ~ ~ ~ Shett : I of l Reference No :5027-4-II Borehole No O Enclosure No :') Client :'fatten Sims Ilubicki Associates Project : Proposed Pedestrian Bridge Method : Tripod Location : Lion's Trail, Conrticq ON Diameter: I IUmm Datum Elevation :Loral Dale :December 13, 20(14 SUBSURFACE PROFILE SAMPLE c ~ Standard Wafer ~ ,, i Penetn[ion Plastic Limit ~ `n ~ ~° y a ~ (blowsl300mm) Liquid Limit x ~ E ti ° ~ r ~ 20 90 40 SO 100 10 20 30 50 50 E ~ ' Z F Z C Inn.>_ 0 ~ Ground Surface 1511 mm "Topsoil ~ SANDY Slta' !'j!f - t SS 2 t"cry Inane, trace organics. 'I91 dark brown, wet (Alluvium) '. i I 2 SS 1 j i ! ~ 2 3 SS 2 i CLAY Soft [o firm, grey, we[ to saturated 3 SS 1 '~. 3 ".__ -_ _____.___ 5 SS i i i 96A Q _~ _i 4 SS 5 CLAYEY SAND TILL i j caved in at S.Sm 5-; Loose/firm to stiff, grades [n sandy clay ~~ ~ 7 SS ') - till, trace fine to medium gravel, sticky, _: grey, we[ to saturated ' :i ', ~ ~ a SS 9 '~ 95.2 ~ ~ -~ ~ G i 9 ss Ia Q SANDY SILT TILL I ~, I 7 Cnm pact, Iracc tint Gi medium grarcl. ~ gre}'. wet [u saturated III SS 14 Q 92.4 a n ss 5a Q SILTY SAND TILL , Dense to very dense, trace fine to 91A6~ 9 medium gravel, grey, moist to wet 12 SS 33 Q i ICnd of Borehole I i y ~~ 10 ~ '~ ~',, '. V A. WOOD ASSOCIATES LIMITED Disk "° ` Sheet : 1 of 1 ~~ ~~ r . ''' ~' l 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-1 PERMITS FROM CLOCA AND MOE i Jaa-00-200Y 02:56pa FraaiLOCA ~~ Central Lake Ontario Conservation Member of Conservation Ontario 7atwary 9, 2009 AECOM (Totten Sitar Hubicki Associates) 513 Division Street Cobourg, ON K9A Sti6 AttentMn~ Sean Baasltsw Dear Mr. Bagshaw: +A055TA09Y/ T-1s9 P.002/005 F-245 100 Whiting Avenue Oshawa, Ontario LtH 3T3 Tel: (905} 579.0411 Fax: (905) 579-0994 web: www.cloca.com Email: mai! c@cloca.rgm Subject: Application for ConrHce Lions Trull and pedestrian Btidec CLOCA permit No.: C08.209-GBFH _ CLOCA IMS pile; RpRG32~q We have complGtd our review of your application for eoastnrction of the associated Cout[ice Lions Trail conshuction, and offer the following infarmation~~~ bridge and ~ 1) p ls6 Rabitat Assessment The proposed work will occur azouad the 81ack Creek, a productive cold water fishery resource. CLOCA has assessed the potential for a Harmful Alteration Disr i , upt on, or Destrtutioq (HADD) of fish habitat according to the prod outlined is our Level 3 Agt'e~ent with the Deparanent of Fisheries and Oceans Canada. The potential HARD will be avoided because [he proposed work will not directly im act [he exi i b ' p st ng ed or bank of the watercourse. An Authorization from the Department of Fisheries and Oceans (DFO) pursuant to Seetioa 35(2) of Ure Fisheries Act is not required, providing the following measures are iruorporated into the proposed work to mitigate any posstble impacts: • Constttraion equipment wiU neither rnter the water nor affect the existing bed or banks of the Black Creek; • Appropriate sediment conuo- will be in place throughout the construction process [o ensure sedimem is not discharged to 81ack Creek; ' • The contractor shall not cazry out equipment maintenance or refuelling or store foci cotttainers within 100 metres of the watetcowse. With the implemetuatioa of these ttteasutes, staff are satisfied that the impacts to Sish habitat can be fully mitigated, thereby complyins with Section 35(1) of th Fi h i e s er es Act which reads; ' `iYo person steal! carryon arry xrork or undertaking that results in the harmful alteration disru tio o d " , p n, r estruction off[sh habitat. cont'd......2 What tve_do on the land is mirrored in the water ~~ i 1 Jan-OB-200A 02:5pna Frae-CLOCA +p0557pOppd T-26p P.003/005 F-245 AECOM January 9, 2009 Attetst[op: SeagBa~haw Page 2 2) Regtrpation 42/06 The proposed work is located within the floodplain of the Black Creek and is therefore subject to Regulation 42106, Regulation for Development, Interference with Wetlands & Alteratioru to Shorelines ~ Waternoarses. Attached is a Permit for your signature (3 copies, please return the white copy to CLOCA). If you have any questions or commctrts, Please fed fret to contact the undcrsigaed at your convenience. Yours vul r--i_ ' `/ R P Sisson, Epg. v Director. Eaaineerlffi and Field Operations RPS/Iclt Attach ce Chris Strand, Departmatt of Fisheries and Oceans, Peterborough cc Watrert May, Ministry of Natural Resourccs, Aumta :uneinecUmas~2008u,ion~idtal.doo Jan-OA-2008 02:58pm Ce>rAwl Lokr Ontario ' COaaervarleM P.00//005 F-245 1 W YVNOng Ayanik Oshawa, Ontario L1 H 3T3 plwne (905) 579-0411 Fax (905)579.0994 APPLICATION FOR DEVELOFMNENT, INTERFERENCE WITH WETLANDS & ALTERATIONS TO SHORELINES & WATERCOURSES (CONSERVATION AUTHORITIES ACT -ONTARIO REGULATION 42/06, UNDER O.REG.97l04) 1 i 1 1 OwnePS Name: Municipality of Clarington Telephone: (90S Address: 10 Temperance 8trt»t Poetel Code; L1C l3owmsnvl0e, ON ` Applicant's Name: AECOM/8een Bagehaw Telephone: (g08' Address: S10 DlNslan Street Postal Code: , fWA Cobou ON t.oeationlAddreas wMrs Dswlopmerrt, lrr0erferana with Wetlands t: AheraUom ro 8hgelines sM Wabroarass is proposed (proHtls Regialend Plan and lot rwmbe4 it known}. Lot: 2g Concession; 02 Munlcipality. Ctarln (DarllnOtonl Watershed: Descrfptlon of Works: Construction of a pedestrian bridge and 1ra0 for CourBCe Lbn's Twail Type of Fill: Clean granular II, armoru stone Dates when work k to be carried out: 6tart Date: January 5, 2tk1g Completion Dab: 1 dedare that the shove inkrmation 6 coned ro the hest of mr knowtedpa. and I agree ro abide rry era cerditlefl6 of tlus permit as indka atwve and on the fevef:e matle by tree i;enkd Lake Ontario Convwtkat AWhoily, rattler are Corserwtlon Authorieea Acr R. S.O. 79po. I undersnnd tlrat I maY appeal arty or all of the slated condition and dre appeal resolved prior to the iasuanee of ihrs permit Thu approval applies only to dross lards snows on the accomparryirgi pan which are owned by dW applicant or to dpye for yAucn he/she is an authoked agent. Signsturo: Date: Owner /~,rJ ~~MPIIOarWAgerk 'FOR OFFICE USE ONLW ADPHation is hereby mad0, 10 icneac appropriate bdkea}: Fron-CLOCA +8055TBOBAI T-288 Jan-09-2009 02:59pm From-CLOCA +9055790994 T-269 P.005/005 F-245 ' NOTE The information on this form is being collected, and will be used for the purpose of administering a regulation made pursuant to Section 28, Conservafion Authorities Act, R.S.O., 1990 Chapter 27. This application and supporting documents and any other documentation received relating to this application, may be released, in whole or in part, to other persons in accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 c. M.56, as amended. , GENERAL CONDITIONS The Applicant and owner, by acceptance of and in consideration of the issuance of this permit, agrees to , the following conditions: 1. This application does not relieve the owner and/or applicant of the obligation of securing any other necessary approvals. , 2. Authorized representatives of the Central Lake Ontario Conservation Authority may at any time enter onto the lands which are described herein in order to make any surveys, examinations, investigations or inspections which are required for the purpose of insuring that the work(s) authorized by this permit are being carried out according to the terms of this permit. 3. The owner and applicant agree: , • to indemnify and save hamtless the Central Lake Ontario Conservation Authority and its officers, employees, or agents, from and against all damage, loss, costs, claims, demands, actions and proceedings, arising out of or resulting from any act or omission of the owner and/or applicant or any of his agents, employees or cormactors relating to any of the particulars, terms or conditions of this Permit: • that this ermit shall not rel th ' p ease e applicant from any legal liability or obligation and remains in force subject to all IimitaGons, requirements and liabilities imposed bylaw; and, • that all complaints arising from the execution of the works authorized under this permit shall be reported immediately by the applicant to the Central Lake Ontario Conservation Authority. The applicant shall indicate any action which has been taken, or is planned to be taken, "rf any, with regard to each complaint , 4. This permit is not assignable. 5. The owner and applicant agree that should the works be carried out contrary to the terms of this permit, , the Central Lake Ontario Conservation Authority may enter on to the property and cause the terms to be satisfied, at the expense of the owner. fi. The project shall be carried out generally as per the plans submitted in support of the application as they may be amended by conditions of this-permit 7. The applicant agrees to install and maintain all sedimeirta ' ntrols as directed by Authority staff, until all disturbed areas have been stabilized. 18 . All disturbed areas shall be seeded, sodded, or stabilized in some other manner acceptable_r~ the - utTtoTr~i as soon as Poecibb_ and prior to the expiry of this permit. 9. The applicant-agrees to maintain all existing drainage patterns, and not to obstruct external drainage , from other adjacertbpLivate lands. g:Iplaminyrepslpermla/2408/CA8-2o8-GBFH Cwrtlw Liar Peaesvlan &Idge.doc i .. MINISTRY OF THE ENVIRNMENT Central Region, 7echnigl Support Section 5775 Yonge Street, North York, Ontario M2M 4J1 ' Date: December 12, 2008 ~i ~, To: Peter Windolf Manager Park Development The Municipality of Clarington Telephone: 418-326~71Kt Fax Access- 416-325347 Ref. No: 4717-7KHPRP SI-Yl)-CL-C29-220 Fax No: 905-623-9282 Total Pages: 10 Copy: Sean Bagshaw, Totten Sims Hubicki Fax No: 905-372-3821 From: Kathryn Baker Email: kalhryn.baker~onterio.ca Re: PERMIT TO TAKE WATER, BLACK CREEK, CLARINGTON Dear Mr. Windotf, Enclosed please find the Permit To Take Water 8020-7M8S5L, for contraction dewatering of Black Creek.. If you have any questions or concerns, please do not hesitate to contact me. ~' Hard copy to follow by mail ®Yes, ^ No P/oasaadvlsalmmadlaretyrranypagesarerrorracaJrad This facsimile may eomaln PRIVILEGED and CONFIDENr1AL INFORMATION only for ace by the Addrossees -vaned above. If you are nol the intonded rec'ryient otlhis faC9lmlle or the employee or agent responsible for dalivedng a to the Intended recipient, you llro hereby nolllbd that any dlECeniinaGon or copying of Ihis facslmne is striety prohibited. H you have received lhie transm4a9ion in eror, ple95e Immediately notify us by telephone. Thank you. - hn~auy or tlro Emir« r:d~ia sw oa setae" Wrmr Rwouras 8M Fbor 3778 Yonee Sl roronW oN MZtd a+ Ftnc (478),4Z6.8347 Td: (6t8) 32&3713 salon au souam T«mw ResSa.oe en eau a.+uo< 5776 nwYa~B~ 70NIntD trtl M21A 6Jt T616o0pNY~ (116)325367 761:(416) 328.3713 December ]2, 2008 The Corporatioa of tht Municipality of ClatinEton 40 Temperance St Bowmanville, Ontario, L1C 3A6 Canada Dear Mr. Windolf; RE: Pcnnit To "Cake Water. Consuttction Dewatering Black Creek Lot: 2, Cotmccssiont z9, Dazlington Clarington, Regional Municipality of Durham Reference Number 4717-7KkIPRP Piease find attached Permit To Take Water No. 8020-7M855L issued to The Corporation of the Municipality of Clarington, which authorizes the withdrawal of water in accordance with the conditions of this Permit To Take Water and Schedule "A" which is attached to and forms part of this Permit. The expiry date of this Permit is September 30, 2009. All data collected under the monitoring condition 4.1 of this Permit shall be kept available for inspection by Ontario Ministry of the firtvironment staff: A copy of these records must be sub si a ~tOOn or before tMarch 31 the Environment (MOE) via the Water Taking Reporting y following year as prescribed tinder Ontario Regnlation 387/04 -Section 9 'Data end Reporting'. For more information on this regulatory ccquirement please contact the Water Taking Reporting System (WTRS) help desk at 1-800-461-6290. Take nofice that in issuing this Permit To Take Water, terms and conditions pertaining to the taking of water and to the results of the taking have beers imposed an The Corporation of the Municipality of Ciarington. The terms and conditions have been designed to allow for the development of water resources, while providing reasonable protection to existing water uses and users. Our main conccm is that the taking of water under the authority of this Permit does not cause ,. t . .. -. f ., i negative impacts the environment or other water supplies which were in use prior to the date of this Permit. ff the taking of water should result in any negative impacts The Corporatioa of the Municipality of Clarirgtoa, wiU be required to restore the water supplies of those affected in a manner acceptable to the Ontario Ministry of the Environment or to reduce the rate and amount of taking until any negative impacts are eliminated. ' Any Change of address or ownership of the property for which this Permit is issued must be reported immediately to the Director, The issuance of this Pemut To Take Water does not relieve you from compliance with this or any other agencies' legislative requirements. ' It is the responsibility of The Corporation of the Municipality of Clariagtoa, to ensure that any person taking water under the authority of this Permit is familiaz with and complies with the ' terms and conditions. Yours truly, -~~:,;~ Ellen Schmazje Director, Section 34, OWRA Central Region ' File Storage Number; SI-YD-CL-C29-220 /ICMB ' c: Dave Ftunerton, York-Durham District Manager Garth Watson, Totten Sims Hubieki Mlt>futty of tlN EnvironmritR Mlnhttare de l'lnWronnanrint Pursuant to Section 34 of the 'Water Reso RS 0. 1990 this Permit To Take Water is hereby Issued to: 'Ilse Corporation of the Municipality of Chnirigton 40 Temperance St Bowmanville, Ontario, L1C 3A6 Canada For the water Black Creek taking from: Located at: Lot 2, Concession 29, Darlington Clarington, Regional Municipality of Durham For the purposes of this Permit, and the terms and conditions speed below, the following definitions apply: DEFIIVITIONS " ~~ (a) Director means any person appointed in writing as a Director pursuant to section 5 of the OWRA for the purposes of section 34, OWILA. (b) "Provincial Officer" means any person designated in writing by the Minister as a Provmcial Officer pursuant to section 5 of the OWRA. (c) "Ministry" means Ontario Ministry of the Environment. (d) "District Office" means the York-Durham District Office. (e) "Permit" means this Permit to Take Water No. 8020-7M8SSL including its Schedules, if any, issued in accordance with Section 34 of the OVJRA. (f) "Permit Holder" means The Corporation of the Municipality of Clariagton. (g) "OWRA "means the Ontario Wrner Resources Act, RS.O. 1990, e. 0.40, as amended. You are hereby noted that this Permit is issued subject to the terms and conditions outlined below: Page 1 -NUMBER 8020-7ivi8S5L PERMIT TO TAKE WATER , Surface Water NUMBER 8020 7M8S5L , i ~ ifl ,,~~ t ,. . TE RMS AND CONDITIONS 1. Compliance with Permit 1.1 Except where modiSed by tins Permit, the water taking shall be in accordance with the I application for this Permit To Take Water, dated October 16, 2008 and signed by Mr. Peter Windolf, and all Schedules included in this Permit. I 1.2 The Permit Holder shall ensure that any person authorized by the Pemnt Holder to take water under this Permit is provided with a copy of this Permit and shall take all reasonable measures I to ensure that any such person complies with the conditions of this Permit. 1.3 Any person authorized by the Permit Holder to take water under this Pemtit shall comply with I the conditions of this Permit. 1.4 This Permit is not transferable to another person. I 1.5 This Permit provides the Permit Holder with permission to take water in accordance wiUt the conditions of this Permit, up to the date of the expiry of this Permit. This Permit does not constitute a legal right, vested or otherwise, to a water allocation, and the issuance of this Permit I does not guarantee that, upon its expiry, it will be renewed. I 1.6 The Permit Holder shall keep this Permit available at all times at or near the site of the taking, and shall produce this Permit immediately for inspection by a Provincial Officer upon his or her request. I 1.7 The Permit Holder shall report any changes of address to the Director within thirty days of any such change. The Permit Holder shall report any change of ownership of the property for which I this Permit is issued within thirty days of any such change. A change in ownership in the property shall cause this Permit to be cancelled. I 2. General Conditions and Interpretation l_J I 2.1 Inspections The Permit Holder must forthwith, upon presentation of credentials, permit a Provincial OtTicer to carry out any and all inspections authorized by the OWRA, the Environmental Protection Act , R.S.O. 1990, the Pesticides Act , R.S.O. 1990, or the Safe Drinking Water Act, S. 0.2002. 2.2 Other Approvals The issuance of, and compliance with this Permit, does not: (a) relieve the Permit Holder or any other person from any obligation to comply with any other applicable legal requirements, including the provisions of the Ontario Water Resources Act ,and the Environmental Protection Act ,and any regulations made thereunder; or (b) limit in any. way any authority of the Ministry, a Director, or a Provincial Officer, including Page 2 -NUMBER 8020-7M8SSL furtl-er information related 2.3 Information The receipt o£ any information by the Ministry, the failure of the Ministry to take any action or require any person to take any action in relation to the information, or tbe failure of a Provincial Officer to prosecute any person in relation to the information, shall not be construed as: (a) an approval, waiver or justification by the Ministry of any act or omission of any person that contravenes this Permit or other legal requirement; or (b) acceptance by the Ministry of the information's completeness or accuracy. 2.Q Rights of Action The issuance of, and compliance with this Permit shall not be construed as precluding or limiting any legal claims or rights of action that any person, including the Crown in right of Ontario or any agency thereof, has or may have against the Permit Holder, its officers, employees, agents, and contractors. 2.5 Severability The requirements of this Peanit aze severable. If any requirements of this Permit, or the application of any requirements of this Pemrit to any circumstance, is held invalid or unenforceable, the application of such requirements to other circumstances and the remainder of this Permit shall not be affected thereby. 2.6 Conflicts Where there is a conflict between a provision of any submitted document referred to in this Permit, including its Schedules, and the conditions of this Permit, the conditions in this Permit shall take precedence. 3. Water Takings Authorized by This Permit 3.1 Ezpiry This Permit expizes on September 30, 2009. No water shall be taken under authority of this Permit after the expizy date. 3,2 Amounts of Taking Permitted The Permit Holder shall only take water firom the source, during the periods and at the rates and amounts of taking specified in Table A. Water takings are authorized only for the purposes specified in Table A. Page 3 -NUMBER 8020-7IvI8S5L i f ' Table LI lJ ' 4. Monitoring ' 4.1 The Permit Holder shall maintain a record of all water takings. 'This record shall include the dates and times of water takings, and the total measured amounts of water pumped per day for each day that water is taken under the authorization ' of this Permit. A separate record shall be maintained for each source. The Permit Holder shall keep all required records up to date aad available at or near the site of the taking and shall produce the records immediately for inspection ' by a Pro~dncial Officer upon his or her request. The total amounts of water pumped shall be measured using a calibrated flow metering device(s) and maintained as per manufactures requirements. ' S. Impacts of the Water Taking 5.1 Notification The Permit Holder shall immediately notify the local District Office of any complaint arising from the taking of water authori2ed under this Permit and shall repot any action which has been taken or is proposed with regard to such complaint. The Permit Holder shad immediately notify the local District Office if the taking of water is observed to have any significant impact on the surrounding waters. After hours, calls shall be directed to the Ministry~s Spills Action Centre at 1-800-268-6060. 5.2 Por Surface-Water Takings The taking of water (including the taking of water into storage and the subsequent or simultaneous withdrawal from storage) shall be carried out in such a manaer that streamflow is not stopped and is not reduced to a rate that will cause interference with downstream uses of water or with the natural functions of the stream. Page 4 - NUNffiER 8020-7M8S5L 3.3 This permit is valid for any thirty (30) day period between the date of issuance and September 30, 2009. t 5.3 Theo discharge 1 exceed the initial rate of withdrawal. The water sl~all,be discharged to,a stabilized errs If necessary, headers to disbrrbute the Sow, and filtration devises, such as staked straw bales, shall be used to reduce velocity and elinvnate erosion and turbidity during discharge. 5.4 The quality of water rrtruned to the water body shall be substantially the same as the quality of water withdrawn. Filtration facilities shall be provided to achieve this if necessary. !, Director May Amend Permit The Director may amend this Permit by letter requiring the Permit Holder to suspend or reduce the taking to an amount or threshold specified by the Director in the letter. The suspension or reduction in taking shall be effective immediately and may be revoked at any ~euP°n erasion notification by the Director. This condition does not affect your right to appeal cusp or reduction in taking to the Environmental Review Tribunal ands the Ontario Water Resources Act ,Section 100(4). The reasons for the imposition of these terms and conditions are as follows: 1. Condition t is included to ensure that the conditions in this Permit are complied with and can be enforced. 2. Condition 2 is included to clazify the legal interpretation of aspects of this Permit Conditions 3 through 6 are included to protect the quality of the nariual environment so as to safeguard the ecosystem and human health and foster efficie~ use and conservation of waters. These conditions allow for the beneficial use of waters while ensuring the fair shanng, conservation and sustainable use of the waters of Ontario. The conditions also specify the water takings that are authorized by this Permit and the scope of this Permit. Page 5 - AIIJMBER 8020-7MSSSL ~ ~. ~ ~ ~ ~ ~~ h'I ~ 7i'a~ ~ ! ~' t i Yt. F.r P ~~~. r.. P ~ 4 ' In accordance wit Section 100 of tfte Ontario Water Resources Act R.S O. 1990, ~ ~ Notice served upon me and the Environmental Review Tribunal within 1 S d s Y~ ~ ~ wntten ' Notice, requirea hearing by the Tribunal. Section T 01 of the Ontario Waterer Re~ourrces Apt R.S.O. 1990, as amendea~ provides that the Notice requiring the hearing shall state: ' 1 • The portions of the Permit or each term or condition in the Permit in respect of which the hearing is required, and; 2. The grounds on which you intend to rely at the hearing in relation to each portion appealed, ' In addition to these legal requirements, the Notice should also include: 3. The name of the appellant; ' 4. The address of the appellant; 5. The Permit to Take Water number; 6. The date of the Permit to Take Water; ' 7. The name of the Director; 8. The municipality within which the works are located; This notice must be served upon: ' Tke Sewerary The Dlreceor, Seeaon 34 EmironmentalReviewTNbtata! 4~g Mrrristryojthe,&wFrw~neru 655 Bay Street, l Seh Floor 8tk Flaw MSG IE~N 5775 Yonge SY Toronto ON .N2Al4J7 Far: (4!6)325-6317 Fwther tnforrnatlon an the E7rvironmenlal Review Tribunal's regrfrenee»ts for an appeal can be obtained dirtcUy froru We TrtbunaL by telephone at (416) 3l4-4600 by jas as (MI6) 314-IS06 by a-moUat www.erLeov.orr.eo ted at T nto this ! 2th day of December, 2008. en Sc arje Director; Section 34 Ontario Water Resources Act , R.S.O. 1990 Page 6 -NUMBER 8020.7M8SSL This Schedule "A" forms part of Permit To Take Water 8020-7M8SSL, dated December 12, 2008• 1. Application for Permit To Take 'Water 4717-7REIPRP, dated October 16, 2008. 2. Technical Mano titled "Details of Proposed Water Tatting" prepared by Totten Sims Hubicki Associates and dated Octobet 2, 2008. Pagc 7 -NUMBER 8020-7M8SSL ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS 1 1 Q~`~~ srgNo\ _'~ ~ ~ O P N • ~ Q G S V 2ic`pq _ OJ~~ L PR / GENERAL CONDITIONS OF CONTRACT (November 2006) ~'~ SrS . °F~ - ~ ~ Ontario Provincial Standards METRIC r°'(o r f°~~. for OPSS.MUNI 100 s` ~~ J Roads and Public Works November 2006 `ov'a°~ OPS GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0 -INTERPRETATION GC 1.01 Captions ...................... . . ................................................. ........................................6 GC 1:02 Abbreviations . . . ........................................................... ... ................ ........_..............6 GC 1.03 Gender and Singular References .................................. ........................................ 6 GC 1.04 Definitions ........ .............................................................. ........................................6 GC 1.05 Substantial Performance ................................................. ..................................... 11 GC 1.06 Complet~n .................. .................................................... ..................................... 11 GC 1.07 Final Acceptance ........... ............................._.................. .....................................11 GC 1.08 Interpretbtion of Certain Words ....................................... .....................................11 SECTION GC 2.0 - CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents : 1 ........ ............... .. 2 GC 2.02 Order of Precedence : ......................... .................. ............ .............................. ......12 SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01- Contract Administrator's Authorily .............................................................. .........14 GC 3.02 Working Drawings .................................................................................. ..... .........15 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ...... ........16 GC 3.04 Emergency Situations ............................... ............................:...................... ...... .. 16 GC 3.05 Layout .......................................................................................................... ........16 GC 3.06 Extension of Contract Trme .......................................................................... ........16 GC 3.07 Delays .......................................................................................................... ........17 GC 3.08 Assignment of Contract............_ .................................................................. ........17 GC 3.09 Subcontracting by the Contractor ........................................ ...... ................. . ........18 Page 1 Rev. Date: 112006 OPSS.MUNI 100 I GC 3.10 Changes ...::.:.......................................:..:..........:...................................:...... .......113 GC 3.10.01 'Changes in the Wo[k ...............:.........................................:.......................... ...:...18 GC 3.10.02 Extra Work .................................................................................................... .......19 GC 3.10.03 Additional Work ............................................................................................. .......19 GC 3.11 Notices .............................................:............................................................ ....... 19 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance ............. .......19 GC 3.13 Claims, Negotiations, Mediation ................................................................... ....... 20 GC 3.13.07 Continuance of the Work ............................................................................. ........ 20 GC 3.13.02 Record Keeping ........................................................................................... ........ 20 GC 3.13.03 Claims Procedure ....................:............:...................................................... ........ 20 GC 3.13.04 Negotiations ................................................................................................. ........21 GC 3.13.05 Mediation ...................................................................................................... ........ 21 GC 3.13.06 Payment ..............................................:........................................................ ........21 GC 3.13.07 Rights of Both Parties .................................................................................. ........ 21 GC 3.14 Arbitration ..................................................................................................... ........ 21 GC 3.14.01 Conditions fw Arbitration ............................................................................. ........ 21 GC 3.14.02 Arbitration Procedure .......................:........................................................... ........22 GC 3.14.03 Appointment of grbitratw ............................................................................ ......... 22 GC 3.14.04 Costs ........................................................................................................... .........22 GC 3.14.05 The Decision .................................:............................................................. ......... 23 GC 3.15 Archaeological Finds ................................................................................... .........23 SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area .............................................................. ......................................... 24 GC 4.02 Approvals and Permits ................................................ .........................................24 GC 4.03 Management and Disposition of Materials .................. ......................................... 24 GC 4.04 Construction Affecting Railway Properly .................... ......................................... 25 GC 4.05 Default by the Contractw .................:.......................... .........................................25 GG 4.06 Contractor's Right to CorrecE a Defauft ....................... ......................................... 25 Page 2 Rev. Date: 1112006 OPSS.MUNI 100 1 1 1 GC 4.07 Owners Right to Correct a Default ............:.......:.......:...:....::......._... .....:...:.........26 GC 4.08 Terminiion of Contractor's Right to Gonfinue the Work .................. ...............:...26 GC 4.09 Final Payment to Contractor ...:................._...................................... ...........:.......26 GC 4.10 Termination of the Contract ............................................................... .................. 26 GC 4.11 Continuation of Contractor's Obligations ........................................._ ..................27 GC d. t2 Use of Performance Bond .................................................................. ..................27 GC 4.13 Payment Adjustment.... ........................................................... .................. 27 SECTION GC 5.0 -MATERIAL GC 5.01 Supply of Material ..................................... GC 5.02 Quality of Material GC 5.03 Rejected Material ..............._...................... GC 5.04 Suhsfihifinnc ......................................................... 28 GC 5.05. Owner Supplied Material ....................._............ GC 5.05.01 Ordering of F~ccess Material .............................. GC 5.05.02 Care of Material....._ .......................................... ................................. 28 ..................................... 28 SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work. Persons, and Property ............................. ................ .. 31 GC 6.02 Indemnification ......................................................................... ............................31 GC 6.03 Contractor's Insurance ............................................................. ............................ 32 GC 6.03.01 Genera! ..................................................................................... ........................... 32 GC 6.03.02 General Liability Irlsurance ....................................................... ........................... 32 GC 6.03.03 Automobile Liability Insurance .................................................. ...........................33 GC 6.03.04 Aircraft and Watercraft Liability Insurance ................................ ....:...................... 33 GC 6.03.04.01 Aircraft Liability fnsurance ......................................................... ........................... 33 GC 6.03.04.02 Watercraft Liability Insurance .................................................... ........................... 33 GC 6.03.05 Property and Boiler Insurance .................................................. ........................ 33 GC 6.03.05.01 Properly Insurance .................................................................... ... ...........................33 GC 6.03.05.02 Boiler Insurance ........................................................................ ........................... 34 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .............. ........................... 34 GC 6.03.05.04 Payment for Loss or Damage ................................................... ........................... 34 Page3 Rev. Date: 112006 OPSS.MUN1100 GC 6.03.06 Contractor's Equipment Insurance .......:.........................:..:..............:....:.:....... ..... 35 ' . . GC 6.03.07 Insurance Requirements and Dur~tion ......................:.................................... .....35 , . GC 6.04 GC 6.05 Bonding ........................................................................................................... Workplace Safety and Insurance Board ......................................................... .....35 ..... 36 , SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 .General ...............................................°-......................................................... .......37 i GC 7.02 Layout ............................................................................................................. .......39 GC 7.03 GC 7.04 Working Area .................................................................................................. Damage by Vehicles or Other Equipment ...................................................... .......39 .......40 GC 7.05 GC 7.06 Excess Loading of Motor VehiGes .................................................................. Condition of the Working Area .................................._.........._........................ .......40 ._....40 GC 7.07 GC 7.08 Maintaining Roadways and Detours .....:..:...._................................................ Access to Properties Adjoining the Work and Intertuption of Utility Services .......40 .......41 GC 7.09 Approvals and Permits ................................................................................... ........41 GC 7.10 Suspension of Work ....................................................................................... ........42 GC 7.11 Conractor's Right to Stop the Work or Terrrrinate the Contract .................... ........42 GC 7.12 Notices by the Contractor._ ...........:.............................-°---........................... ........42 GC 7.13 ObsVUCtions ....................................................................._...°----.................. ........43 GC 7.14 Limitations of Operations ............................................................................... ........43 GC 7.15 Cleaning Up Before Acceptance .................................................................... ........43 GC 7.16 GC 7.17 Warranty......-°-°° ...............................:........................................................... Contractor's Workers ..................................................................................... ........43 ........44 GC 7.18. Drainage ......................................................................................................... ........44 SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement ................................................................................................. ......45 GC 8.01.01 GC 8.01.02 Quantities ....................................................................................................... Variations in Tender Quantities ..................._................................................. ......45 ......45 , Pape 4 Rev. Date: 7112006 OPSS.MUNI 100 ' GC 8.02 Payment.:.:....__ .....:...:....................:...........:........:...:.:.......................:.:..__... ......46 GC 8.02.01 Price far Work ...............:. ........................... ...:...:................. GC 8.02.02 Advance Payments for Material..........._ ...................................... 46 GC 8 02 03 .......... ... C rtifi i ...... . . e cat on and Payment .............................................................................. .. 47 GC 8.02.03.01 Progress Payment Certificate ........................................................................ .... ...... 47 GC 8.02.03.02 GC 8.02.03.03 Certification of Subcontract Completion ......................................................... Subcontract Statutory Holdback Release Certifrcate and P t .....47 aymen ............... .....47 GC 8.02.03.04 Certification of Substantial Performance ................................_...................... ..:..48 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statuto ry Holdback Release Payment Certificates ........................................................ ..... 48 GC 8.02.03.06 Certification of Completion .................................... .............................. .. . 49 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release .... Payment Certificates .................................................................. 49 GC 8.02.03.08 ..................... Interest ............................................................................................................ ..... ... 50 GC 8.02.03.09 Interest for Late Payment ................................................................................ .. ..... 50 GC 8.02.03.10 Interest fw Negotiations and Claims ............................................................... .... 51 GC 8.02.03.11 GC 8.02.03.12 Owner's, Set-Off..._ ............._.............. .... ............................................. Delay in Payment .................................... ........................................................ . ..... 51 ..... 51 GC 8.02.04 Payment'on a Time and Material Basis ................_........................................ .. 51 GC 8.02.04.01 Definitiohs ............._........................................................................................ ... .. 51 GC 8.02.04.02 Daily Work Recwds ....................................................................................... ... 52 GC 8.02.04.03 . Payment fw Work .................................._ .... ................................................... ..... ... 53 GC 8.02.04.04 . Payment fw Labour ............................................................................... .. 53 GC 8.02.04.05. ......... Paymentfor Material ........................................._.........._................................ ..... .. . 53 GC 8.02.04.06 Payment fw Equipment ................................................................................ .. 53 GC 8.02.04.06.01 .. Working Time ................................................._................................................ ..... ... 53 GC 8.02.04.06.02 Standby.Time ............................................_..................................................... . ....53 GC 8.02.04.07 Payment fw Hand Tools .................. ............................................................... 54 GC 8.02.04.08 . Payment fw Work by St~contractws .............................................................. .... 54 GC 8.02.04.09 Submission of Invoices ................... ............................................................ .... 54 GC 8.02.04.10 ... Payment Other Than on a Time and Material Basis ...................................... 55 ' GC 8.02.04.11 .. Payment Inclusions .......................................................................................... .... .... 55 GC 8.02.05 Final Acceptance Certfcete .........................................:. ......... ............... 55 GC 8.02.06 ......... Paymeni of Workers ........................................................................................ .... .... 55 GC 8.02.07 Records ............................................................................................................ .... 55 GC 8.02.08 Taxes ............................................................................................................... .... 56 GC 8.02.09 .Liquidated Damages ........................................................................................ ....56 Page 5 Rev. Date: 112006 OPSS.MUNI 100 SECTION GC 1.0 -INTERPRETATION GC 1.01 Captions 01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference mnly 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 abbrevia/ions on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "ACI" - American Concrete Institute "ANSI" - Amedcan National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association "CCIL" - Canadian Council of Independent Laboratories "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC" - General Conditions "tS0" - International Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Un'rfbmtTraffic Control Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Spetafication "OTM" - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SCC" - Standards Council of Canada "SSPC" - Structural Sleet Paintrng Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .Ot References to the masculine or singular throughout the Contract Documents shall be considered to irtGude the feminine and the plural and vice versa, as the content requires. GC 1.04 Definitions .01 Por the purposes of this Contract the fdlowing definitions apply: Actual Measurement means the field measurement of that quantity within the approved limits of the Work. Addendum means an addition or change in the tender documents issued by the Owner prior to tender closing. Page 6 Rev. Date: 11!2006 OPSS.MUNI 100 Addkional Work means work not provided for. in the ConMant acid not considered by the Contract Administrator to be essential to the satisfactory completion of the Contractwithin 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. ~i ' Certlflcate 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 ceAificete issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or 6ctra 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 Orcler means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingences, 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: CompletOn Certificate means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupations! Health and Safety Ac>; R.S.O. 1990, c.0.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and oblgations as prescribed in the Contract Documents. Contrail Administrator means the person, partnership, or corporation designated by the Owner to be the Ownel'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 Gerterai Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amerttkrtents to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any ' Subsurface Report, and any other reports and information provided by the Owner for the Work, and wiQtout limiting the generality thereof, may include soN profiles, foundation investigation reports, I reinforcing steel schedules, aggregate sources lists, Quantity Sheets, and cross-sections. Contract Time means Bte time stipulated in the Contract Documents for Substantial Performance of the Work, ktctuding any extension of Contract Time made pursuant to the Contract Documents. Page 7 Rev. Date: 7112006 OPSS.MUNI 100 Contractor means the. person;i parMership, or corporation undertaking the Work as identified in the Agreement Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work. Cost Plus has the same meaning as "Time and Material." Cut-Off Date means the date up to which payment shall be made for work performed. Daily Work Records mean daily Records detailing the nurdmer and categories of workers and hours worked or on standby, types and quantifies of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Day means a calendar day. Drawings or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Spec cation means specifications that require the Contractor to be responsible for supplying a product or part of the Work. The (Toner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specfication. r r C~ 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 cetculation of the quantity or cost of the Work or part of it depending on the contexE. Extra Work means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. FinaF Acceptance CeRiRcate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account has the same meaning as "Time and Material " Geotechnical Report means a report or other information identifying soil, rock, .and ground water conditions in the area of any proposed Work. Grade means the required elevation of that part of the Work. Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of that is intended for or used by the general public for the passage of vehicles and includes the area between the lateral properly lines thereof. Lot means a specific quantity of material or a specific amount of construction norrt~ily from a single source and produced by the same process. Page a Rev. Date: 112006 OPSS.MUNI 100 Lump Sum kam 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 lesserof, 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. Pertormance Bond means the type of security furnished [o the Owner to guarantee completion of the Work in accordance with the Conrad 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 Contrail Documents. Project means the construction of the Work as contemplated by this Contract. Quarltlty 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 slid mass of igneous, sedimentary, or metamorphic rods ar 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 Adminishation Act by the Minister of Finance of Ontario and issued by, and available from, the Owner. Records mean any books, payrolls, accounts, or other infomlation 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 Shollklers. Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing surtace and the top inside edge of the ditch or fill slope. Spacial Provisions mean directions containing requirements specific to tl1e Work. Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owrmr for perfomlance of the Work. Subbase means a layer of material of specified type and tllickness between the Subgrade and the Base P~e9 Rev. Date: 1112006 OPSS.MUNI 100 i IJ tf r ~~ 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 cu[ or fill, as prepared to support the pavement structure, consisting of Base, Subbase, and Pavement. Subsurface Report means a report or other information identifying the location of Utilities, concealed and adjacent stmctures, and physical obstructions [hat fall within the inFluence of the Work. Superintendent means the Contractor's autllwized representative in responsible charge of the Work. Surety means the person, padnership w corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material means casts calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. Utility means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone, and cable television. Warranty Period means the period of 12 months from the date of Substantial Performance or such longer period as may be specified in the Contract Documents for certain Materials w some w all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shaA commence on the date of Completion. Work means the total construcfipn and related services required by the Contract Documents. Working Area means all the lands and easements owned w acquired by tl1e Owner for the construction of the Work. Working Day means any Day, a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or cwtdi6ons resulting immediatey 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 Contrling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract by the Owner or if such prevention is due to the Owner, another ' contractor hired by the Owner, or an employee of any one of them, or by anyone else acting on behalf of the Owner. ii. non-deFlvery of Owner supplied Materials. iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator. Page 10 Rev. Dale: 112006 OPSS.MUNI 100 ~1 Working Drawings or Working Plarts means any Drawings. or Plans prepared by the Contractor for the execution of the Work and may, without 1'Imiting the generality thereof, inGude formwork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. ~ ' GC 1.05 Substantial Performance C .01 The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the Contract is capable of completion or, where there is a ~ known defect, the cost of correction, is not more than i. 3% of the first $500,000 of the Contract price, ii. 2% of the next $500,000 of the Contract price, and i iii. 1 Y° of the balance of fhe 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 ro 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 defeG, or last supply is not ~ more than the lesser of, a) t % of the Contract price; or ' b) $1,000. GC 1.07 Final Acceptance , .01 Final Acceptance shall be deemed to occur when fhe 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. Dale: 11J2006 OPSS.MUNI 100 , r ~r SE¢TION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Relianc6 on Contract Documents .01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground Utilities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3 m vertical '' 02 The Owner does not warrantor make any representation with respect to: a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents, such ,, documents shall take precedence and govem in the following descending order: a) Agreement ' b) Addenda c) Special Provisions ' d) Contract Drawings e) Standard Spec cations f) Standard Drawings g) Instructions to Tenderers h) Tender i) Supplemental General Conditions j) General Conditions k) Working Drawings Later dates shall govem within each of the above categories of documents. .02 In the event of any conflict among ~ inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govem where they differ from dimensions stated from the same drawing; b) Drawings of larger scale shall govem over those of smaller scale; Page 12 Rev. Date: i tl2006 OPSS.MUNI 100 c) Detailed Drawings shah govern over general Drawings: and d) Drawings of a later:date shall govern over those of an earlier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following descending order of precedence shall govern: a) Owner's Standard Specifications b) Ontario Provincial Standard Specfcations c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincal 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. Date: 11!2006 OPSS.MUNI 100 '' SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT t GC 3.01 Contract Administrator's Authority ' .Ot The Contract Administrator shall be the Owners representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate, whichever is later. All instructions to the Contractor, including instructions from the Owner, shall be issued by the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. 02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. 03 The Contract Administrator may inspect the Work for its conformity with [he Plans and Standard Specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the work completed in the. case of a lump sum pride Contract. 04 The Contract Administratonshall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. .OS The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents: .06 The Contract Administrator shall investigate all allegations of a Change in the Work made by the Contractor and issue appropriate instructions. .07 The Contract Administratot shall prepare Change Directives and Change Orders for the Ownel's approval. .08 Upon written application by the Contractor, the Contract Administrator and the Contractor sha8 jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both. ' .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents ,_ and, in making these decisions, the Contract Administrator shall not show partiality to either party. 10 The Contract Administrator shall have the authority to reject part of the Work or Material that does not conform to the Contract Documents. 11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of poor workmanship; the use of defective material; or damage through carelessness or other act or omission of the Contractor and whether or not incorporated in the Work; or otherwise fails to conform to the Contract Documents, then the Contractor shall if directed by the Contract Administrator promptly remove the Work and replace, make good, w re-execute the Work at no additional cost to the Owner. 12 Any part of the Work destroyed or damaged by such removals, replacements, or re-executions shall be made good, promptly, at no additional cost to the Owner. I i '~ Page 24 Rev. Date: 1112006 pPSS.MUNI 100 t 13 If, in the opinion of Ote Contract Administrator, it is not expedienCto correct defedivework or work ' no[ .performed in accordance with the Contract Documents, the Owner .may .deduct from morries 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 Notwithstandin an ins ections made b the Contract Administrator o th i f g y p y r e ssuance o 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 [he Work; or c) for the Contractor to remedy non-compliance in the case of such noncompliance with the i provisions of the Contract by the Contractor. The Contractor shall not be entitled to any compensation for suspension of the Work in these , circumstances. i 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 17 If ffie Contract Administrator determines that any worker employed on the Work is incompetent, as h defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator f shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contract Administrator. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of deany identified and dated Working Drawings as III called for by the Contract Documents. .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests, they shall jointly prepare a schedule fixing the dates for i submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contrad requirements that exist in the Working Drawings. .03 The Contracl Administrator shall review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review shall be to check for conformity to the design concept and for Y , general arrangement only and such review shall not relieve the Contractor of responsibility for enors f or omissions in the Working Drawings or of responsibility for meeting all requirements of the ` Contrad Documents, unless a deviation on the Working Drawings has been approved in writing by k the Contract Administrator. Page 15 Rev. Gale: 7112006 OPSS.MUNI 100 ~ ~. .~ 05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may require io make the Working Drawings consistent with the Contract Documents and resubmit,. unless othervvise directedby the Qontract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. 06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." .07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at-the site at all times. ~ GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. 02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract ~ so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and l~ protection are maintained throughout the Work. I 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 situa0on 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 acton or, if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractors expense. If the emergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work. GC 3.05 Layout 1~ .01 The Contract Administrator shall provide baseline and benchmark information for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the conecthess of the information provided by the Contract Administrator. I~ 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 Fame. The application for an extension of Contract Time shall enumerate the reasons, and state the lerglh of extension required. I~ .02 Circumstances suitable for consideration of an extension of Contract Time inGude 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: 112006 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, ~ i ' 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 lama and conditions of the Contract shah continue for such extension of Contract Time. , GC 3.07 Delays .Ot If the Contractor is delayed in the performance of the Work by, , a) war, blockades, and civil commofions, errors in the Contract Documents; bj an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly w 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 i 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; w ith l Fi h d i l fi d i d b ti GC 3 15 A h l i d f , ance w ) arc ae og sa n s n accor su sec on . , rc aeo og ca n s, then the Contractor shall be reimbursed by the Owner for reasonable costs incurted 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, tl~ Contractor shag, 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 tf the Work is delayed by labour disputes, strikes orlock-outs, including lock-sits decreed w .recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise twund, 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 tlran the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Conir~tor shall not be entitled to payment for costs insured as the result of such delays unless ' such delays are the result of actions by the Owner. .03 The Callracta' shall not t1e entitled t0 payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Worts and may pursue resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, Mediations. GC 3.08 Assignment of Contract .Ot The Contractor shall not assign the Contract, eitlter in whole or in part, without the prior written consent of the Owner. Page 17 Rev. Date: 1112006 OPSS.MUNI 100 , t GC 3A9 Subcontracting by the Contractor ' :Ot The Contractor may subco~rVact ahy part of the Work,. subject. to these General Conditions and any' limitations specified in the Contract Documents. 02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. 03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall include the reasons for the rejection. 04 The ConVactor shall not, without the written consent of the Owner, change a SubconVactor who has been engaged in accordance with this subsection. .OS The Contractor shall preserve and protect the rights of the parties under the ConVact with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's SubconVactors and of persons directly,. or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor .06 The Owner's consent to subcontracting by the Contractor shall not be construed to relieve the ConVactor from any. obligation under the ConVact and shalt no[ impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a conVactual .relationship between a Subcontractor and the Owner. GC 3.10 .Changes GC 3.10.01 Changes in the Work .01 The Owner, or the Contract. Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract The ConVactor 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 U1e Change in Ehe Work. .02 The Contractor may apply for an extension of ConVact Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 If the Change in the Work relates solely to quantities, payment for that part of the Work shall be made according to the conditions spedfied in clause GC 8.01.02, Variations in Tender Quantities. If the Change in the Work does not solely relate to quantities, then either the fawner or the Contractor may initiate negotiations upwards or downwards for the adjustment of the Contract price in respect of the Change in the Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. Page 18 Rev. Date: 1 V2006 OPSS.MUNI i~ GC3.10.02 Extra Work .01 The Owner, or Contract Administrator where so au0arized, 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 [o 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 Gause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work :Ot The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract If the Contractor agrees to perform Additional 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 [o the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11 Notices .Ot Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall. be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimt7e 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 tertninai numbers for the Contract Administrator and the Superintendent at the commencement of the Wok, and update as necessary. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confimted in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in acca~dance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .Ot Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work a 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 shah not constitute an axeptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor ar the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract Page 19 Rev. Date: 1112006 OPSS.MUNI t00 ni Documents. The Owner shall be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contrador liquidated damages in accordance with the terms of the Contract. GC 3.13 Claims, Negotiations, Mediation GC 3.13.01 Continuance of the Work .01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a daim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the paAies that such action shall not jeopardize any claim it may have. GC 3.13.02 Record Keeping .01 Immediately upon eommendng work that may result in a claim, the Contractor shall keep Datly Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with clause GC 8.02.07, Records. 02 The Contractor and the Contrad Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its Gaim, whereby the resolution of the dispute about the Daily Work Records shall n6t be resdved until there is a resolution of the claim. .03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not tie construed to be acceptance of the claim. GC 3.13.03 Claims Procedure ~~ Ot .The Contractor shall give verbal notice of any situation that may lead to a claim for additional payment immediately upon pecoming aware of the situation. ' .02 The Contractor shalt provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work that may be affected by the situation. .03 The Contrador shall submit detailed daim 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 daim shall: I~ 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 If c) include the Records maintained by the Contractor supporting such daim. 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 Contrador to submit any further and other particulars as the Contract Administrator +~ considers necessary to assess the daim. The Contractor shall submit the requested information 1 within 30 Days of receipt of such request. l~ ~~ Page 20 Rev. Date: Ttl2000 OPSS.MUNI 100 .O5 Within 90 Days of receipt of the detailed claim:- ttta Contract Administrator shah advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validity oT the claim. i 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, [he parties shall proceed in accordance with clause GC 3.13.05, Mediation, or subsection GC 3.14, Arbitration. GC 3.13.05 Mediation ' ' .Ot If a daim 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 t>e 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. Ina final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide, wi0wutprejudice, anon-binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days folowing the opinion given in paragraph GC 3.13.03.05. ' .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. , GC 3.13.06 Payment .01 Payment of the daim shall be made no later than 30 Days after the date of resdution of the Gaim 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 , .Ot It is agreed that no action taken under subsection GC 3.13, Claims, Negotiations, Mediation, by either early 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 tltis subsection are fulfilled. GC 3.14 Arbitration f A bit ti ' C r ra on GC 3.14.01 onditions o .01 If a daim is not resolved satisfactorily through the negotiation stage noted in dause GC 3.13.04, Negotiations, or the mediation stage noted in Gause 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. 4r Page 21 - Rev. Date: 112006 OPSS.MUNt 700 :02 NotiTication that arbitrationi 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 th6 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 I^ any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.14, Arbitration. GC 3.14.02 Arbitration (Procedure Ir .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: 1r a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration; Ir b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and c) Before proceeding with She arbitration, the Contractor shall confirm that all matters in dispute are i~' set out in the schedule. GC 3.14.03 Appointment of Arbitrator !i~ .Ot The arbitrator shall be mutuaNy agreed upon by the Owner and Contractor to adjudicate the dispute. li .02 Where the Owner and Con[r~ctor cannot agree on a sole arbitrator within 30 Days of the notification ~~ of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after The last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Ino., which may select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. 'r .04 The arbitrator shall not be interested financially in the Contract nor in either parry's business and I1II shall not be empbyed by either party. .05 .The arbitrator may appoint independent. experts and any other persons to assist him or her. ~~ .O6 The. arbitrator is not bound by the rotes of evidence that govern the trial of rases in court but may hear and consider any evidence that the arbitrator considers relevant. ~I .07 The hearing shall commence within 90 Days of the appointment of the arbitrator. GC 3.14.04 Costs ~~ .01 The arbitrators fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independent experts and any other persons appointed td assist the arbkrator shall be shared equally by the Owner and the Contractor. Pape 22 Rev. Date: 112008 OPSS.MUNI 700 ~ .03 The arbitration hearing shall be held in a place mutually agreed upon by both partiesor in the event the parties do not agree, a site shall be chosen by the arbirator. The cost of obtaining appropriate faalifies 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 Gause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01. 03 Any work directed or authorized in connection with an archaeological find shall be considered as Extra Work in accordance with clause GC 3.10.02, Extra Work. .04 The Contractor shall take a0 reasonable ac0on to minimize additional costs that may accrue as a result of any work stoppage. ~ Page 23 Rev. Date: 11!2006 OPSS.MUNI 100 SECTION GC 4:0 =OWNERS RESPONSIBILITIES AND RIGHTS j' GC 4.01 Working Area .01 The Owner shall acquire all property rights that are deemed necessary by the Owner for [he construction df the Work, including temporary working easements, and shall indicate the full extent of the Working Area on the Contract Drawings. I' .02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits Ir .01 The Owner shall pay for all plumbing and building permits. I' 02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. GC 4.D3 Management and Disposition of Materials I~ .Ot The Owner shall identify in the Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposiGor ~' .02 In accordance with regulations under the Occupations! Health and Sa/ety Act, R.S.O. 1990, c.O.1, as amended, the Owner advises that, ~~ a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; I' ti) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; c) the following hazardous materials are ordinarily present in construction activities: limestone, fl gypsum, marble, mica, and Portland cement; and d) exposure to these substances may occur as a result of activities by Ore Contractor such as II sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 .The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. Alt work under this paragraph shall be deemed to be Extra Work. Page 24 Rev. Date: t1t2006 OPSS.MUP11100 O6 Prior to commencement of ttie Work, the Owner shaA'provide to the Contractor a list of those. products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may suppty or use on the Contract, togettrer with. copies of the Materials Safety Data Sheets for these products. All containers used in Uae 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 sdely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or otherwise, on which construction operations are to take place in accorcance 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 web as railway properly 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 forrnal 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 suffident cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner rtray have, notify the Contractor in writing that the Contractor is in default of the Contractor's contractual obligations and instruct the Contractor to cortect the default in the 5 Working Days immediately following the receipt of such notice. .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the beneftt of creditors because of the Contractor's insolvency or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other riclFrt or remedy the Owner may have, by giving B1e Contractor or receiver or Wstee in bankruptcy notice in writing, terminate [he Contract. GC 4.06 Contractor's Right to Correct a Defauk .01 The Contractor shall have the right within the 5 full Working Days folowing the receipt of a notice of default to coned 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 withkl the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor. a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the cortection in accordance with such schedule. Page 25 Rev. Dale: 11!2006 OPSS.MUNi 100 GC 4.07 Owner's Right to Correct Default .01 If the Contractor fails to ported the default within the Nme speafied in subsection GC 4.06, Contractors Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor GC 4.08 Termination of Contractor's Right to Continue the Work '- .Ot Where the Contractor fails to correct a default within the time specified in subsection GC 4.06, Contractor's Rtght to Correct a Default, or subsequently agreed upon, the Owner, without prejudice I' to any other right or remedy fhe Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor. I' .02 If the Owner terminates the Contractors right to continue with the Work in whole or in part, the Owner shall be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted to that part of the Work terminated; b} use the Equipment of the Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the whole: subject to the right of third parties; c) withhold further payments to the Contractor with respect to the Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor Ole additional cost over the Contract price of completing the Work or portion thereof withdrawp from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additonal service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work pertortned by the Contractor that may be required under subsection GC 7.16, Warranty; f) charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge Ne Contractor the amount by which the cost of corrections to the Work under subsection GC 7.16, Wartanty, exceeds Ole aNowance provided for such corrections. GC 4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the artmunt withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to Continue the Work, .the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC 4.10 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contract by giving written notice of termination to the Contractor, the Surety, and any Wstee or receiver acting on behalf of Ote Contractor's estate or creditors. Page 26 Rev. Date: 11!2008 OPSS.MUNI f00 :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 .Ot The Contractor's obligation under the Contract as to quality, correction, and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.12 Use of Performance Bond .01 If the Contractor is in default of the Contrail and the ContraGOr has provided a Performance Bond, the provisions of Section GC 4.0, Owner's Responsibilities and Rights, shall be exercised in accordance with [he 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 enti0ed to an adjustment and those adjustments shat l1e managed in accordance with subsection GC 3.10.01, Changes in the Work. Page 27 Rev. Date: 1112006 OPSS.MUNI 100 SECTION GC 5.0 -MATERIAL GC 5.01 Supply of Material I' 01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to include full compensation for the supply of such Material. I' GC 5.02 Quality of Material .Ot All Material supplied by the Contractor shall be new, unless otherwise speafied in the Contract Documents. ~' .02 Material supplied by [he Contractor shall conform to the requirements of the Contract. If 03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. ~~ 04 The Contractor shall obtain for the Contract Administrator the right to enfe~ 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 sufficientty in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to-the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection; sampling, and testing before the scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material that is not specified shalt be of a quality best suited to the purpose required, and the use of such Materfalshall be subject to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shall be carried out on random basis in arxordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Materials to be used in the Work based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Rejected Material .01 Rejected Material shall be removed from the Working Area expeditiously after the notification to Shat 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 Ue the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. Page 28 Rev. Date: 11/2006 OPSS.MUNI 100 GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of the Tender, [he 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 w~i[ing 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 shad 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, [he Contractor shall be entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality" and, if any adjustment td 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 Adrrxnistrator. ff 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 quantifies received and the quantifies shown on the bills of lading, the Contractor shall immediatey repoA 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 deficencies. Where damage or defiaenaes are not so reported, it shall be assumed that the shipment arrived in good condition and orcler, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 29 Rev. DaDe: 1112006 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 ConVactor after taking delivery. Such Material shaA not, except Wkh fhe written permission of the Contract Administrator, be used by the ConVactorfor purposes other than the performance of the Work under the Contract. ' OS Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner shalt become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract ' Documents. .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. 07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the ConVactor shall, at no extra cost to the Owner, immediately upon commencement of operations, check fhe Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and .order when the Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page ~ Rev. Dale; 11/2008 OPSS.MUNI 100 SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .Ot The Contractor, the Contractor's agents, and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all bsses 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 tens 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 commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .OS 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 Indemnfication .Ot The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected tiffidais, agents, officers, and employees from and against all daims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "daims", directly or indirectly arising or alleged to arise out of the performance of or [he failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage t4 or destruction of tangible properhr: 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 asset out in the Certificate of Substantial Performance of the Work or, where so spedfied in the Contract Documents, from the date of certification ~ Flnai Acceptance. Page 3i Rev. Date: 112006 OPSS.MUNI 100 ~_ .02 The Contractor shalt indemnify and trold harmless the Owner from-all and every claim'for damages, ' royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract. ' 03 The Owner expressly waives the right [o indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. 04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out 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. ' .O5 The Contractor expressly waives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. ' GC 6.03 Contractor's Insurance GC 6.03.01 General, .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and ' GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. 02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The ' Contractor will not be permitted to commence work unfit the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with original vaNd Cer9ficates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property inGud'mg Toss of use thereof, with a property damage deductible of rwt more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100. ;t .02 Another form of insurance equal to or better than that required in IBC Fonn 2100 may be used, provided all the requirements listed in the Contract are inGuded. Approval of this insurance shalt 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 certficete of equivalency to the required insurance. 03 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contract Documents. 04 The Contractor shall submit annually to the Owner, proof of continuatlon of the completed operations coverage and, if the Contractor fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), shall not be binding on the Owner. Page 32 Rev. Date: 11f2006 OPSS.MUNI 100 .05 Should the Contractor decide not to employ Subconhactors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property buikfirg or land, IBC Forth 2100 as required shall indude.the.appropriateendorsements. .O6 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 Ot .Automobile liability insurance in respect of licensed vehices 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 nonowned automobtle policy including standard contractual liability endorsement, and b) standard owners form automobile policy providing third parry 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 nonowned aircraft used directly or indirectly in the performance of the Work, inducting 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 inducting loss of use thereof, and limits of not less than five million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptat~e 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 anon-owned watercraft used directy or indirectly in the performance of the Work, inducting use of additional premises, shah be subject to limits of not less than five million dotlars irxiusive per occurrence for bodily injury, death, and darttage to properly including loss of use thereof. Sudt insurance shall be in a forth 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 Irtsurartce .01 All risks property insurance shall be in the name of fhe 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 Ute Contract Documents, of Material that is spedfied to be provided by the Owner for irtt:orporation iMo the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form aa~ptable to the Owner and shah be maintained corttinuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Aoceptance Certificate. Pape 33 Rev. Dale: 112006 OPSS.MUNI 100 r GC 6.03.05.02 Boiler Insurance :01 Boiler insurance insuring ttte interests of the Contractor, the Owner and the Contract Administrator for not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or operation of the property insured until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .01 Should the Owner wish to use or occupy part ~ all of the Work prior to Substantial Performance, the Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy, the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable [o the Contractor's policies upon termination of coverage. 02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount. of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract, except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. GC 6.03.05.04 Payment for Loss or Damage .Ot The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at whch the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds, and in accordance. with the requirements of Section GC 8.0, Measurement and Payment. In addition, the Contractor shalt 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 shah pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment ' Page 34 Rev. Date: 1112006 OPSS.MUNI 700 GC 6.03.06 Contractor's Equipment Insurance :01' All risks Contractor's equipment insurance covering cohstnlcfion 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 respell to damage to the Contractor's Equipment GC 6.03.07 Insurance Requirements and Duration I .01 Unless specified otherwise, the duration of each insurance policy shall be from the date of commencementof [he 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 certfied true copy of each insurance policy exclusive of infomration 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. .O6 If the Contractor fails to provide or maintain assurance 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 Ownel's cost thereof shall be payable by the Contractor to the Owner on demand. , .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. ' GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender ' docum~ts. .02 Such bonds shall be issued by a duty 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 unto the fulfilment of the Contract. 1 Page 35 Rev. Dale: 11!2006 OPSS.MUNI 100 I ' f' GC 6.05 Workplace Safety and Insurance Board .01 The Ccxltractor shall provide the Contract Adrinistrator with a copy of a Certificate 'of Clearance indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. d) At any other time when requested by the Contract Administrator. Page 36 Rev. Date: 112008 OPSS.MUNI 100 SECTION (aC 7.0 -CONTRACTOR'S RESP0N$IBIlIT1ES AND CON]ROLOF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. 02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity 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 Dowments. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. OS The Contractor shall have the sole responsibility for Ehe 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. 1990, c.O.1, as amended, (the "AcP) and Ontario Regulation 213!91, as amended, (that regulates Construction Projects) and any other regulations as amended under the Ad (the "Regulations"} that may affect the performance of the Work, as the "Constnlctor" 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 "Constnlcta" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with Olem; c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Waiting Area, tx, in the absence of an office, in the possession of the supervisor responsible for the performance d the Work; d) wafters employed to tarty out Ote Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them to wait 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 waiters; and Page 37 Rev. Dale: 11Y2006 OPSS.MUNI 100 ' f) all Subcontrectors and' their workers are ptopedy 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 Act and the Regulations in any investigations of worker health and safety in ' the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. 09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets t shall accompany the submission. Ail containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify [he Contractor Administrator in writing of changes in the products to be used and provide relevant Material Safety Data Sheets. .10 The Contractor shall have an authorized representative on the site while any Work is being performed, to supervise the:. Work and act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names; addresses; positions; and cell phone, pager, and telephone numbers of the Contractors representatives who can be contacted at any time to deal with matters relating to the Contract, and update as necessary. .11 The Contractor shall designate a person to be responsible for traffic control and work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, and experience to perform the duties; i5 familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of construction, the Contractor shall notify the Contract Administrator of the name; address; position; cell phone, pager, and telephone numbers of the designated person, and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Working Area at aN times. .12 The Contractor shall, at no additional cost to the Owner, famish all reasonable aid, facilities, and assistance required by the Contract Admiristator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. ' .13 The Contractor shall prepare and update, as required, a construction schedule of operations, indicating the proposed methods of construction and sequence of work and the time the Contractor proposes to complete the various items of work within the time specified in the Contract Documents. The schedule shall be submitted to the Contract Administrator within 14 Days from the Contrail award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an updated construilion schedule, if requested by the Contract Administrator, within 7 Days of th2 request. This updated schedule shall show how the Contractor proposes to perform the balance of ' the Work, so as to complete the Work within the time specified in the Contract Documents. .14 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. .15 The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions ~ observed in the Working Area differ materially from those indicated in the Contract Documents. L _I I Page ~ Rev. Date: 1112006 OPSS.MUNI 100 i .18 The Contractor shall arrange with the appropriate Utility authorities for the stake ou[ of alf underground Utilities and service connections [hat 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 .Ot Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those property bars, baselines, and benchmarks that are necessary to delineate the Working Area and to lay oul 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. .OS The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .O6 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference prints shall be replaced at the Contractors 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 .Ot The Contractor's sheds, site offices, toilets, other Temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine the construction operations to the Work6tg Area. Should the Contractor require more space than that shown on the Contract Drawings, Ore Contractor shall obtain such space at no additional cost to the Owner. 1 r O ~I Page 39 Rev. DaOe: 11!2006 OPSS.MUNI 100 I , u '' .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received print written permission from the property owner. GC 7.04 Damage by Vehicles or Other Equipment ' 01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the ' direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehices or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. ' GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle registration is required Tor such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condition of the Working Area .Ot The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nuisance, mud, and ponding water, other than that caused by tt~ Owner or others. 1 GC 7.07 Maintaining Roads and Detours .Ot Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by construction, it shall be kept open to troth vehicular and pedestrian traffic. 02 Subject to the approval of the Contract Administrator, the Contractor shall, of no additiohal cost to the Owner, be respohsible for providing and maintaining for the duration of the Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing Highway underconstruction or on a detour road beside or adjacent to the Highway under construction. ' .03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane Gosures shall be kept to a minimum. ' .04 The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accepted in acixrdance with these General Conditions. The Contractor shall ' not be required to apply de-iang chemicals or abrasives or tarty out snowpknn~ing. .OS Where localized and separated sections of the Highway are affected by the Contractor's operations, ' the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours and, if required, for the subsequent removal of the detours, shall be made at the Contract prices appropriate to such work. Page 40 Rev. Date: ttr2006 OPSS.MUNI f00 .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 [he 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 spedfically provided for in the Contract Documents or required by the Contract Administrator, Uie construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be ' constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shalt 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 daims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Properties Adjoining the Work and tMerruption of Utility Services .01 The Contractor shall provide at all times and at no extra wst to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services the Workin Area erties adjoinin to ro 1 g . g p p .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 boated in the Working Area. ' .03 Where any interuptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected properly owners notice in accordance with su~ection GC 7.12, Notices by the Contractor, and shah arrange such interruptions so as to create a minimum of interference to those affected. GC 7.09 Approvals and Permits .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender dosing, are required for the performance of the Work. .02 The Contractor shall arange for all necessary inspections required by the approvals and permits spedfied in paragraph GC 7.09.01. , Page 41 Rev. Date: 7112006 OPSS.MUNI 700 ,' GC 7.10 Suspension of Work ' .Ot The Contractor shall, upon yrritlen 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. 1 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract ' .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have,. by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor ' may, without prejudice to any other right or remedy the Contractor may have, by giving [he Owner written notice, terminate the Contract. ' .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisionsof Section ' GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or ' within 30 Days of an award by an arbitrator or ccurt; or c) the Owner violates the requirements of the Contract. ' .04 The Contractor's written notce to the Owner shall advise that if the default is not corrected in the 7 Days immediately following receipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Contractor may Have, stop the Work or terminate the Contract. ' .OS If the Contractor terminates the Contract under the conditions se[ out in subsection GC 7.11, the Contractor shall be entitled to be paid for all work pertormed according to the Contract Documents and for any losses or damage as the Contractor may sustain as a result of the termination of the t Contract. ~ GC 7.12 Notices by the Contractor .Ot Before work is carried out that may affect the property or operations of any Ministry w agency of government or any person; company; partnership; or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of ' specified operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partrership, corporation, board, or commission so affected. .02 In the case of damage to or interference with any Utilities, pde lines, pipe tines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such damage or interference. . Page 42 Rev. Date: t i/2006 OPSS.MUNI 100 GC 7:1.3 Obstructions .01 Except as otherwise noted in these General Conditions, the Contrador assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including Vaffic 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 obs[ructon 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 Contrail 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 authorises for fuller information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precausons as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .Ot Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and sassfactory condison, the Contractor shall not tarty out operations under the Contract on Saturdays, Sundays, and Statutory Hdidays without permission in wrisng from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utisry companies, and the Owner and they shall be allowed access to their work or plant at all reasonable smes. GC 7.15 Cleaning Up Before Acceptance .Ot Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, toils, 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 dean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have reached Compleson unsl the Contractor has removed surplus materials, tools, construction machinery, and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. GC 7.16 Warranty .O7 Unless otherwise specfied in the Contrail [bcuments for certain Materials or components of the Work, the Contractor shall be responsible for the proper perfomtance of the Work only to the extent that the design and standards pemNt such performance. .02 Subject to the previous paragraph the Contractor shah correct promptly, at no addisonal cost to the Ovmer, tfefects or defidendes in the Work that appear, a) prior to and during the period of 12 months from the date of Substantal Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, Page 43 Rev. Date: 17!2006 OPSS.MUNI 100 b) where the work is completed after the date of Substantial Performance, `12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion ' of the Work as set out in the Completion Certificate, or d) such longer periods as may be specified in the Contract Documents for certain Materials or some of the Work. ,' The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies. 03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.16.02. ' GC 7.17 Contractor's Workers 01 The Contractor shall only employ orderly, competent, and skillful workers to do the Work and whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers ', involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shall be removed from the wwk and shall not be employed on the work again without the consent in writing of the Contract Administrator. GC 7.t8 Drainage .Ot During construction and until the Work is completed, the Contractor shall make all reasonable efforts to keep all portions of the Work propedy and efficiently drained, to at least the same degree as that of the existing drainage conditions. Page 44 Rev. Date: itr2006 OPSS.MUNI 100 SECTION GC 8.9 = MEASUREMENT ANO 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 quantty 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-0ff Date. 02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of Work completed. 03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identfied 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 nol occur shall be paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tender Quantities 01 Where ft 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 atthe unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work perforated or Material supplied or both by the Contractor exceeds the tender quantity by rrxxe 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 reasonabty possible. Any revision of the unit price shah 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 Ste actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs sha0 be cbnfimted by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Aitematively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underrun in excess of 15°k of the tender quantity shall be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. Page 45 Rev. Date: 11/2006 OPSS.MUNI 100 ,' GC 5.02 Payinerjf ' GC 8.02.01 Price for Work Ot Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term "all labour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not spedfically detailed as part of any one item and without specified details of payment shall be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .Ot The Owner shall make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and condifions: a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage fadlities. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i. Sources Other ThamCommercial (1) Granular A, B, BI, BII, BIII, M, and O shall be assessed at the rate of 609'° of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25°~ of the Contract price for each aggregate stockpiled. ii. Commerdal Sources Payment for separated coarse and fine aggregates shall be considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product. Advance payments for other materials located at a commercal source shall not be made. c) Payment for all other materials, unless otherwise specfied elsewhere in the Contract Documents, shall tie based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment cart 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 60% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as coAateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for indusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use, or desWCtion of the material however caused. .02 Where the Owner makes advar~e payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not cortstitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropriate specification. Page 46 Rev. Date: 1112006 OPSS.MUNI 100 GC 8.02.03 GC 8.02.03.01 Certifeation and Payment Progress Payment Certificate .01 The value of the Work performed and Material supplied shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate shall show, a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment For Material; d) the amount of statutory holdback, liens, Ownet's set-off; e) the amount of GST, as applicable; and f) the amount due to the Contractor. .03 One copy of the progress Payment Certificate shall be sent to the Contractor .04 Payment shall be made within 30 Days of the Cut-Off Date. GC 8.02A3.02 .Certification of Subcontract Completion .Ot Before Ole Work has reached the stage of Substantial Performance, the Contractor may notify the Contrad Administrator, in writing that a subkbnntrad is completed satisfactorily and ask. that the Contrad Administrator certify the completion of such subcontract .02 The Contract Administrator shall issue a Certificate of Subcontrad Completion, if the subcontract has been completed satisfactorily, and aq required inspection and testing of the works covered by the subcontract have been cartied out and Ole results are satisfactory. .03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on which Ole 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 Ole Contractor and to the Subcontractor certcemed. GC 8.02.03.03 Subcontract Statutory Holdback Release Cerdticate and Payment .01 Following receipt of the Cert~cate of Subcontract Completion, the Owner shah release and pay the Contrador 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 folbwing to the Contract Administrator: a) a document satisfactory to the Contrad Administrator that shall release the Owner from all itMtrer daims relating to the subcontract, qualified by stated exceptions such as hddback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incured in carrying out the subcontract Page 47 Rev. Date: 112006 OPSS.MUNI t00 c) a satisfactory GearanC@ certificate or letter from the Workplace Safety and Insurance Board rslating to the subcontract; and d) a copy of the contracf between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. 02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it. .03 Upon receipt of the statutory holdback, We Contractor shall forthwith give the Subcontractor the payment due under the subcontract. 04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Performance Ot Upon application 6y 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 shalt issue a certificate of Substantial Performance and shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and, within 7 Days after signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. _03 Upon receipt of a copy of the Certifrcate of Substantial Pertortnance, the Contractorshall 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 of the certificate in a construction trade newspaper. Such publication shalt include placement in the Daily Commercial News. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .O5 Except as otherwise provided for in Section 31 of the Construction Llen Ad, the 45 Day lien period prior to the release of hodback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Pertormarrce Payment and Substantial Performance Statutory Holdback Release Payment Certificates .Ot When the Contract Administrator issues the Certificate of Substantial Performance, the Contract Administrator shall also issue the Substantial Performance Payment Certifipte and the Substantial Performance Statutory Hoklbadc Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial. Performance Payment Certificate shaft show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; Page 4S Rev. Date: 11Yt006 OPSS.MUNI 700 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 [he statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory hoklbadc shall be due 46 Days after the date of publication of the Certifipte of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the fo0owing 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 8.02.03.08 Certification of Completion .Ot 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 Certificete. .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 Contrail Administrator shall also issue the Completion Paym~tt Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropdate, a canbined payment certificete. .02 The Completion Payment Certificate shall show, a) measurement and value of Work at Completion; b) the amount of the further statutory holdbadt based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate shall be a .payment certificate releasing to the Contractor the fuller statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date ~ Completion of Ote Work as established by the Completion Certificate Dut subject to the provisions of fhe Constructan Lien Act and the submission by the Contractor of the following documents: Pie 4e Rev. Date: 11Yt008 OPSS.MUNI 100 ~~ ~ - 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 apprbpriate; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and ' c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 6.02.03.08 Interest ' .Ot Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest. GC 8.02.03.09 Interest for Late Payment .01 Provided the ConUactor has complied with [he 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 [he dates set out below: a} Progress Payment Certificates: 30 Days after the Cut-Off Date; b) . Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed; c) Subcontract Statutory Hodback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate; e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; and g) Completion. Statutory Hodback 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, incuding 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 ~ Rev. Date: 11!2008 OPSS.MUNI 100 GC 8.02.03.70 lMeFest 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 resdve the negotiation or the daim 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 daims, 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 Contractors insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance with douse GC 8.02.06, Payment of Workers. ' .02 Under these circumstances the Owner wll give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .Ot 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 AAatarial Basis GC 8.02.04.01 Definitions .01 For the purpose of douse GC 8.02.04 the folbwing definitions apply: Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, or similar items and Payrdl 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 inducts any payment oncosts 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 Ste cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for cwnpleting the Work, as shown by itemized invoices. Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease irtdudes the cost of the operator. Page St Rev. Date: 112006 OPSS.MUNI 100 Payroll Burden means the payments in respell of workplace insurance; bacation pay, employment insurance, public liability and' property damage insurance, sickness and accident instrance, pension fund, and such other welfare.and benefit payments forming part of.the Contractor's normal labour costs. Rented Equipment means equipment that is rented or leased for the spade! purpose of Work on a Time and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word "associate" is defined by the Securities Act, R.S.O. 1990, c.S.S, as amended, and is approved by .the Contract Administrator. Road Work means the preparation, construction, finishing, and constructbn maintenance of roads, streets, Highways, and parking lots and indudes aM work inddentals thereto other than work on structures. Sewer and Watermain Work means the preparation, construction, finishing, and constrtrction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time means any period of time that is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a and 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 consWction, reconstruction, repair, alteration, remodelling, .renovation, or demolition of any bridge, building, tunnel, or retaining waU and indudes the preparation for and the laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment, Inducting Model and Spedfication Reference, that is current at the time the work is carried out or fa Equipment that is not so listed, the rate that has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a Time and Material Basis means Changes in the Work, Extra Work, and Additional Work approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, Standard Spedficafions 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 spedfic operation and the first 2 hours of each immediately folbwing period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. GC 8.02.04.02 Daily Work Records .Ot Daily Work Records, prepared as the case may be by either Ote Contractor's representative or the Contract Administrator reporting the labour and Equipment employed and the Material used on each Time and Material project, should be recondled and signed each Day by both the Contractor's representative and [he Contract Administrator. Nit is not possible to reconcile the Daily Work Records, then the Contractor shall submit the un-recondled Daily Work Records wiUt its claim, whereby the resolution of the dispute about the Daily Work Records shall cwt be resolved until there is a resolution of the claim. Page 52 Rev. Date: 17!2006 OPSS.MUNI 100 _. GC 8.02.04.03 Payment for Work .Ot -Payment as herein provided shall be full compensation.for aH 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 .O1 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 a[ 115% of any portion of the Cost of Material in excess of $3,000. GC 8.02.04.08 Payment for Equipment GC 8.02.04.06.01 Working Time .Ot 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 foNows: a} Cost $10,000 or less - no adjustrrtent b) Cost greater than $10,000 but not exceeding $20,000 -payment $10,000 plus 90% of the porton in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of 520,000. .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110°k of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Admirisrator approves the invoice price pnor 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 pdce approved by the Contract Admirrstrator prior to the use of the Equipment an Ote Work on a Time and Material Basis. GC 8.02.04.OBA2 Standby Time .01 The Owner shall-pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35°k 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. Oats: 7712006 OPSS.MUNI 100 the Contract Administrator. This shall'include Rented Equipment intended for use on other work, but has tseen idled'due to'the circumstances giving rise to the Work on a Time and Material Basis. 02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be re[umed to the lessor until the work requiring the equipment can be resumed. The Owner shall pay such costs as a result from such return. .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools Ot Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools qr equipment that are tools of the trade. GC 8.02.04.08 Paymentifor Work By Subcontractors .Ot Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as it the Contractor had done the Work on a Time and Materiat Basis, plus a markup calculated on the fotbwing basis: a) 20°~ of the first $3,000; plus b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the arrrount in excess of $10,000. .02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to others- ff work is assigned or sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates not already sulxnitted to Ote Contract Administrator during the course of such work. .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Accounts on a Time and Material Basis." Each summary shall include the Change Directive or Change Order number and covering dates of the work and shaft itemize separately the labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary. Page 5a Rev. Date: 1172006 OPSS.MUNI 100 ~. .03 Each month the ConlraG Administrator shall indude 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 negdiating 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 Ot Except where there is agreement in writing to the contrary, the compensation, as herein provided, , shall be accepted by the Cdntractw as compensation in full for profit and all costs and expenses arising out of the work, including all cost bf 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 [he Work, the Contract Administrator shall issue tl1e Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance , Certificate shall not be issued until all known deficiendes have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. ke s t f W P ' or r aymen o GC 8.02.06 .Ot The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a , month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. ' .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in , accordance with Gause GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Recorda .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the ' Work, Extra Work, and Gaims arising therefrom. Such Reoords shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until alt Gaims have been settled, whichever is longer. The Contractor shall require that Subcontractors empoyed by the ControGor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work, and Gaims arising therefrom for a simtlar period of Gme. , .02 The Owner may inspect and audit the Contractor's Records relating fo the Work, Extra Work, and Changes in the Work at any Gme during the period of the ContraG. The Contractor shall supply certified copies of any paA of its Records required, whenever requested by the Owner. , pie r~r Rev. Dale: 1112006 OPSS.MUNI 100 GC 8.02:08 Taxes .Ot Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, .the Owner shall increase or decrease Contract payments to account for the exact amount of tax change involved. 02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Whece the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour, and the supply of commodites that do not form part of the Work. GC 8.02.09 Liquidated Damages Ot When liquidated damages are specified in the Contract and fhe Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. Page 5a Rev. Date: 1112006 OPSS.MUNI 100