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HomeMy WebLinkAbout2009-095THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-095 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Aloia Bros. Concrete Contractors Ltd., Toronto, Ontario, to enter into agreement for the West Beach Road Bridge Reconstruction, Bowmanville, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Aloia Bros. Concrete Contractors Ltd., Toronto, 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 29th day of June, 2009. By-law read a third time and finally passed this 29th day of June, 2009. CORPORATION OF THE MUNICIPALITY OF CLARINGTON WEST BEACH ROAD BRIDGE REHABILITATION, BOWMANVILLE CONTRACT NO. CL2009-6 May 2009 AECOM Project No. 12-29732 AGREEMENT THIS AGREEMENT made in quadruplicate ~i BETWEEN: ALOIA BROS. CONCRETE CONTRACTORS LTD. of the City of Toronto and Province of Ontario i hereinafter called the Contractor i ? THE PARTY OF THE FIRST PART ~~ i i -and- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the Purchaser THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS West Beach Road Bridge Rehabilitation, Bowmanville, Contract No. CL2009-6, Municipality of Clarington Addendum No. 1 dated May 21, 2009 A. TENDER FORM: General Pages 1 and 2 Itemized Bid Page 3 to 4 Agreement to Bond Page 5 Schedule of Tender Data Page 6 B. STANDARD TERMS AND CONDITIONS Pages 1 to 11 C. SCHEDULE 'C' -CONTRACTOR SAFETY Pages 1 to 8 D. INSTRUCTIONS TO TENDERERS Pages 1 to 5 E. SPECIAL PROVISIONS -GENERAL Pages 1 to 14 F. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 10 G. DESIGN GUIDELINES H. STANDARD DRAWINGS I. PLANS: Title Sheet, Drawings No. 1-4 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 310 Nov. 2008 543 Dec.1990 904 Nov.2D08 128 Current 351 Nov. 2005 551 Nov. 2001 905 A r.2007 180 Nov. 2005 353 Nov. 2006 552 Nov. 2008 908 Mar. 1998 182 Nov. 2000 501 Nov. 2005 559 Nov. 2008 911 Nov. 2004 201 Nov. 2007 510 Nov. 2006 570 Nov. 2007 206 Nov. 2000 511 Nov. 2008 572 Nov. 2003 212 Nov. 2008 512 Nov. 2008 577 Nov. 2006 K. PERMIT FROM CLOCA L. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement within 60 working days. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 ~I~~ IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor: ALOIA BROS. CONCRETE CONTRACTORS LTD. in the presence of Date it SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON in the presence of Date P 9Dep1 12\12-2973215pec5\CL2009-6 - AGR.doc Page 3 of 3 Date j - _ - _- ~,-=` arri -Clark - - - - 1 CONTRACT NO. CL2009-6 CORPORATION OF THE MUNICIPALITY OF CLARINGTON WEST BEACH ROAD BRIDGE REHABILITATION, BOWMANVILLE ADDENDUM NO. 1 Contractors are hereby advised of the following modification to Contract No. CL2009.6: SPECIAL PROVISIONS -GENERAL Clause 3 -CONTRACT TIME AND LIQUIDATED DAMAGES (2) Progress of the Work and Contract Time In the first paragraph, ..pertaining to contract completion, replace °30 working days' with '60 working days" All tenders must be submitted;on the basis of these modifications. Bidders are instructed to sign this addendum and return it with the completed tender, or the tender submitted may be rejected. i/we hereby acknowledge receipt of this addendum. Signed (Must be Signing Officer of Firm) Position Name of Firm AECOM 513 Division Street Cobourg, Ontario K9A 5G6 May 21, 2009 eioePi u~iz-zsvaz~sP~woo t.aoc PROJECT: TENDER FOR CONTRACT NO. CL2009-6 WEST BEACH ROAD BRIDGE REHABILITATION, ' BOWMANVILLE AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: AECOM 513 DIVISION STREET COBOURG, ONTARIO K9A 5G6 Telephone: 905-372-2121 Fax: 905-372-3621 TENDERER: Aloia Bros. Concrete Contractors Ltd. Name 1844 Dufferin Street Toronto Ontario M6E 3P6 Address (include Postal Code) Tet: 416-653-3574 Fax: 416-658-5877 Telephone and Fax Numbers Eric Aloia 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:1Dept 12112-29732\Specs1CL2009-6-TF(Sign Docs).doc Page 1 of 6 pages TENDER CONTRACT NO. CL2009~ To: The Mayor and Members of Council Corporation of the Municipality of Clarington ' Re: Contract No. CL2009-6 West Beach Road Bridge Rehabilitation, Bowmanville Dear Mayor and Members of Council The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made ' payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond and a 100°h Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 6 pages [~ ITEMIZED BID CONTRACT NO. CL2009-6 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-6 for the following unit prices. Soec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard SP - Refers to Special Provisions (P1 - Plan Quantity Payment Item MOC - Municioality of Clarinpton Design Guidelines and Standard Drawings RMDCS - Regional Municipality of Dufiam Construction Specifications k i4em ~1~ ~ ~' :_ • ~~' ,. PART'A': STRUCTURE REHABILITATION Al 206, 565 Site Preparation LS 1 3,100.00 3,100.00 SP A2 543, 554 Maintenance of Traffic LS 1 7,050.00 7,050.00 SP A3 507, 510, Removals: 1 22,610.00 22,610.00 928 SP a) Concrete Sidewalk and Curb LS b) Asphalt on Deck and LS 1 2,860.00 2,860.00 Approaches -Partial Removal c) Steel Handrail and Concrete LS 1 2,455.00 2,455.00 End Posts A4 577 Light Duty Silt Fence Barrier (OPSD- m 170 12.00 2,040.00 SP 219.110) A5 206 Earth Excavation m' 135 41.20 5,562.00 SP, MOC A6 206, 501 Earth Borrow (Outside Rightof-Way) m3 300 22.50 6,750.00 SP A7 904, 905 Dowels into Concrete ea 460 19.00 8,740.00 SP A8 904, 905 Concrete in Deck LS 1 47,200.00 47,200.00 SP A9 904, 905 Concrete in Parapet Walls LS 1 36,400.00 36,400.00 SP A10 314, 501 Granular'B' t 180 24.10 4,338.00 SP A11 314, 501 Granular'A' t 100 31.60 3,160.00 SP A12 MOC, 353 Concrete Curb and Gutter m 14 205.00 2,870.00 SP A13 MOC, 351, Concrete in Sidewalk mz 17 115.60 1,965.20 905 SP A14 MOC, 310 Hot Mix H.L.-3 t 7 485.00 3,395.00 (2 Lifts - 50 mm, 40 mm depths) A15 511 Gabion Basket Retaining Walls m3 4 695.00 2,780.00 SP A16 552 Steel Beam Guide Rail 4,100.00 a) Connection to Structure ea 4 1,025.00 b) Steel Beam Guide Rail with m 45.72 205.00 9,372.60 Channel Page 3 of 6 Pages i ITEMIZED BID CONTRACT NO. CL2009-8 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-6 for the following unit prices. Soec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard SP - Refers to Special Provisions fP1 - Plan Quantity Payment Item MOC - Municipality of Clarinaton Design Guidelines and Standard Drawings RMDCS - Regional Municipality of Durham Construction Specifications 1tem.No. A17 $~it~;~Tti 559 SP ~? rT . £~ ;~~ s r' . „ y,. ~ = - . -;~, Y:... Extruder Terminal System ea ai 4 3,960.00 ~Y ~t ~... 15,840.00 A18 SP EcoBlanket mz 600 7.00 4,200.00 A19 SP Provisional Item - Erosion Control Blanket m2 25 41.00 1,025.00 Total Part A (Carried to Summary) 197,812.80 PART'B': GENERAL ITEMS B1 RMDCS, SP Bonds, Insurance and Maintenance Security LS 1 3,500.00 3,500.00 62 RMDCS, SP Mobilization and Demobilization LS 1 2,800.00 2,800.00 Total Part B (Carried to Summary) 8,300.00 SUMMARY- Total Part A -Structure Rehabilitation 197,812.80 Total Part B -General Items 8,300.00 Total (excluding GST) 204,112.80 GST (5% of Total) TO'fi t~T ~ ~'. ~ 10,205.64 ~~=~ ~: Tenderer's GST Registration No. 111046116 P1Dept 12~i2-2973Z~SpecsuCL20D36-Itemeid,Sign Dou~.xls~tlemaetl BM Page 4 of 6 Pages i r AGREEMENT TO BOND Ito be completed by Bonding Companvl CONTRACT NO. CL2009-6 WE, the Undersigned, HEREBY AGREE to become bound as Surety for Aloia Bros. Concrete Contractors Ltd. in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No.CL2009~ 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 CONCORD this 25th day of Mav 2009 The Guarantee Companv of North America Name of Bonding Company Ray Amdt Signature of Authorized Person Signing for Bonding Company Attorney-In-Fact Position (BONDING COMPANY SEAL) (This Form shall be completed and attached to the Tender Submitted). Page 5 of 6 pages L1 r SCHEDULE OF TENDER DATA CONTRACT NO. CL2009-6 The work specified In the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Page 3 to 4 Agreement to Bond Page 5 Schedule of Tender Data Page 6 B. STANDARD TERMS AND CONDITIONS Pages 1 to 11 C. SCHEDULE'C'-CONTRACTOR SAFETY Pages 1 to8 D. INSTRUCTIONS TO TENDERERS Pages 1 to 5 E. SPECIAL PROVISIONS -GENERAL Pages 1 to 14 F. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 10 G. DESIGN GUIDELINES H. STANDARD DRAWINGS 1. PLANS: Title Sheet, Drawings No. 1-4 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 OPSSNo. Date 127 Curtent 310 Nov. 2008 543 Dec.1990 904 Nov. 2008 128 Current 351 Nov. 2005 551 Nov. 2001 905 r. 2007 180 Nov. 2005 353 Nov. 2006 552 Nov. 2008 908 Mar. 1998 182 Nov. 2000 501 Nov. 2005 559 Nov. 2008 911 Nov. 2004 201 Nov. 2007 510 Nov. 2006 570 Nov. 2007 206 Nov. 2000 511 Nov. 2008 572 Nov. 2003 212 Nov. 2008 512 Nov. 2008 577 Nov. 2006 K. PERMIT FROM CLOCA L. 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, sc that it is able to do business in Ontario. Yes No The Bidder hereby acknowledges receipt of the following Addenda to the Bid Documents: Initials Addendum No. 1 Date of Issue Mav 21.2009 EA Addendum No. Date of Issue Addendum No. Date of Issue Failure to acknowledge all Addenda issued may result in the bid being rejected. NAME OF FIRM: Aloia Bros. Concrete Contractors Ltd. (COMPANY SEAL) , By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2009~, executed by melus bearing date the 25th day of Mav 2009 and we have fully read all related documents to tender data as listed above. SIGNATURE: POSITION ~~ -. President PrWacv Leeialation - Fetleral legislation governs the collection aM use aF personal ir,farmation from individuals. We represent antl warteM b iheavmar that we have obtained U,e CONSENT of arty and all employees whose personal irrtormalion we have supplied to the owmar in this tentler. This personal infonnatian, vAridl iKAUtley but is nq limited b, trre employees' varies, education, work antl project history, professional desgnations antl qualilkations. This CONSENT permila the owner to disGOSe tltls personal mfonnation to Me Ell®ineer (owner or egentl la the purpose M eveluaiig cur bitl. M Ne evert Ural Ua tender is suaessful, this personal iMOm,ation may also ba used in prgaf adtrinistralion, lorrmta9yuipoaea. This is Page 6 of 6 pages to be submitted as the Tender Submission for Contract No. CL2009.6. OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-6 TERMS AND CONDITIONS P:1Dept 12\12-297321Specs5CL2009-~ - T&Qdoc THE COF~PORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 1 of 11 The Municipality noted below. • Clause 8 of the " of the °Special Pi • Clause 15 of the "Guaranteed Mai • The first paragra~ Contract. • The first paragral by Clause 6.03.0'. a $5,000,000.00 • Clause 26 of the 18, "Workplace H General" Section "Standard Terms and Conditions" shall apply to this Contract except where Terms and conditions" shall be superseded by Clause 8, "Payments" -General" Section of the Contract. Terms and conditions" shall be superseded by Clause 2, of the "Special Provisions -General" Section of the Contract. of Clause 16 of the "Standard Terms and Conditions" is not appliceble to this of Clause 23 of the "Standard Terms and Conditions" shall be superseded if the OPS General Conditions of Contrail (November 2006) which requires coverage. lard Tenns and Conditions" shall be superseded by Clause by Clause ws Materials Infonnatron System (WHIMIS)" of the "Special Provisions - Conirail. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 2 of 11 ~' SCHEDULE (B) 1. STANDARD TERMS AND CONDITIONS DEFINITIONS Municipality -The Corporation of the Municipality of Clarington, its successors and assgns. Bidder -The person, firm or corporation submitting a bid to the Municipality. Contract -The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the bid, and surety. Subcontractor - A person, fine or corporation having a contract with the,company for, or any part , of, the work. Document -The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document Bid - An offer by a Bidder in response to the document issued by the Municipality. , Work -All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. Company -The person, contractor, firm or corporation to whom the Municipality has awarded the centract, it successors and assigns. 2. SUBMISSION OF BID Bid invitation shaA be in accordance with the Municipality of Clarington Purchasing By-law #2006- 127 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the enveope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. wurier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be inifialled by the Bidders authorized sgning officer. The bid must not be restricted by a covering fitter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list A bid received after the Dosing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall Lie final. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 3 of 11 SCHEDULE{B) ST~DARD TERMS AND CONDITIONS (continued) 3. CONTRACT The contract consists of the documents aforementioned as defined in Section 1, Definitions, Contrail. . II, The contract and po 'ons thereof take precedence in the order in which they are named above, notwithstanding the ronological order in which they are issued or executed. The intent of the con ract is that the Company shall supply work which is fit and suitable for the Municipality's inten use and complete for a particular purpose. None of the condRiort contained in the Bidder's standard or general conditions of sad shall be of any effect unless e ' y agreed to by the Municipality and specifically referred to in the purchase order. 4. Any clarification of document required by the Bidder prior to submissbn of its bid shall be requested through th Municipality's contact identified in the document. Any such clarification so given shall not in a y way alter the document and in no case shall oral arrangements be considered. Every notice, advice 'pr otf~er communication pertaining thereto will be in the form of a written addendum. No officer, agent. or pbyee of the Municipality is authored to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be wired to show, in terms of experience and facilities, evidence of its ability, as well as that of any pr sect subcontractor, to perform the work by the speclfied delivery dath. 6. DELIVERY. Unless otherwise stat ,the work speclfred in the bid shall be delivered or completety performed by the Company as so as possible and in any event within the period set out herein as the guaranteed period of livery or completion alter receipt of a purchase osier therefore. A detailed delivery ticl~et or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall ampany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver s all not bind the Municipality to accept the work covered thereby, or the particulars of the deliv ry ticket or piece tally thereof Work shall be subject further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as speclfied in the contract. Time shall be of the essence of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 4 of 11 , SCHEDULE (B) 7. PRICING STANDARD TERMS AND CONDITIONS (continued) r Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarfication on any point, it must be olNained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfactiat of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless othervrise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or n;presehtative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become direcfiy applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work crnrered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of Gaims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municpality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy arty defect or deficierxy in the work, pending correction of k. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shalt pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Mrmicipality by reason thereof. THE COFj<PORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 5 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) The company shah p~y all royalties and patent license fees required for the work. If the work or any.pa thereof is in any action or proceeding held to constitute an infringement, the company shall forth ' h either secure for the Municipality the right to continue using the work or shall at the company' expense, replace the infringing work with non-infringing work or modify it so that the work no bng r infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid props g an aRemate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shah be final. 12. The company shall nbt assign or subcontract the contract or any portion thereof without the prior written consent of the un~cipality. 13. The Municipality is a ed to request of the Company to famish reasonable evidence that finandal arrangements have n made to fulfill the Company's obl"~gations under the Contract 14. The company shall ply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to a work and its performance. The company shall be responsible for ensuring similar compliance by uppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 15. If at any time prior to ; ne year after the actual delivery date or completion of the work (or specified warrantylguarantee 'rind if bnger than one year) any part of the work becomes defective or is deficien# or fails due defect in design, material or workmanship, or otherwise fails to meet the requirements of the ntract, the company, upon request, shall make good every such defect, deficiency or failure hout cost to the Municipality. The company shall pay all transportation costs for work lwth ways een the company's factory or repair depot and the point of use. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 6 of 11 ' , SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 16. BID ACCEPTANCE The Municipality reserves the right to award by item, or part thereof, groups of items, w parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, 'rf in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality fw its decision in this regard. Bids shall be irrevocable fw 90 days after the official dosing time. The plating in the mail w delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contrail by the Municipality to the extent described in the notice of award. The Municipality reserves the- right to reject a Bid from any Bidder based on the following considerations: a Bidder w a subcontractor of a Bidder has an outstanding legal action against the Corporation, w the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder, a Bidder owes money including, but not dmited to outstanding property taxes owed ib the Corporation; and a Bidder is not in compliance with He Corporation's Corporate Policies and by-laws including Properly Standards By-lawn. 17. DEFAULT BY COMPANY a. If the Company commits any ail of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If Ure Company fails to comply with any request, instruction or order of the Municipality; or fats to pay its accounts; w fails to compy with or persistently disregard statutes, regulations, by-laws or• directives of relevant authorities relating to the work; or fails to prosecute the work wdh skill and diligence; w assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the company, terminate the contrail. c. Any termination of the contract by the Municpality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect Hereto. d. If the Municipality terminates Uie centract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the droumstances; THE CO}~PORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 7 of 11 SCHEDULE (B) ST ' DARD TERMS AND CONDITIONS (continued) ii) with, Id any further payments to the cwnpany until the completion of the work and the 'pity of all obligations under the Correction of Defects section; iii) ,recd er from the company loss, damage and expense inanred by the Municpality by r of the company's defauN {which may be dedurxed from any monies due or _ m9 due to the company, any balance to be paid by the company to the 18. 19. 20. The Municpality sh have the right, which may be exercised from time to time, to cancel any uncompleted or un portion of the work or part thereof. In the event of such cancellation, the Municipality and a Company may negotiate a settlement The Municipality shah not be liable to the Company for of anticipated profit on the cancelled portion or portions of the work. QUANTITIES Unless otherwise s herein, quantities are shown as approximate, are not guaranteed to be accurate, are fumi without any liability on behalf of the Municipality and shah be used as a basis for comparison nty. Payment will be by th unit complete at the bid price on actual quantities deemed acceptable by the Municipality. i SAMPLES Upon request, sam must be submitted strictly in accordance with instnxxions. H samples are requested subseque to opening of bids, they shall be delivered within three (3) working days folbwing such requ ,unless additional time is granted. Samples must be submitted free of charge and will. be med at the bidder's expense, upon request, provided they have not been desVoyed by tests, orii not required for comparison purposes. The acceptance of ~p1es by the Municipality shall be at its sole discretion and any such acceptance shall inn way be construed to impty relief of the company from its obligations under the contract. Samples submitted applicable. 21. SURETY The successful tende satisfy surety requires money order or other be held by the Muniai been completed and providing satisfactory the work have expire Workplace Safety Insi be accompanied by current Material Safety Data Sheets (MSDS) where ~r shall, 'rf the Municipality in its absolute discretion so desires, be required to cols by providing a deposit in the form of a certified cheque, bank draft or xm of surety, in an amount determined by the Municipality. This surety may ality until 60 days after the day on which all work covered by the contract has accepted. The surety may be returned before the 60 days have elapsed vidence is provided that all liabilities incurred by the company in carrying out or have been satisfied and that a Certificate of Clearance from the WSIB - ance Board has been received. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 8 of 11 SCHEDULE (B) 22. STANDARD TERMS AND CONDITIONS (continued) The company shall, if the Municipality in its absolute disrxefion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. WORKPLACE SAFETY AND tNSURANCE BOARD All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the Municpality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments 6y the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection wRh the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors /Owners /Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: Single Independent Contractors !Owners /Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, confractors must complete the form 'Determining workedindependent Operator status", issued by the Workplace Safety & Insurance Board. (For more information, please contact your Iocei Workplace Safety & Insurance Board Office and refer to this Gause.) Single Independent Contractors /Owners /Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance inGuding premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The Company shall maintain and pay for Automobile Liability insurance in respect of licensed vehicles and shall have limits of not less than $2,000,000.00 inclusive per occurrence covering all licensed vehicles owned or leased by the Company. THE N OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 9 of 11 SCHEDULE (B) The policy shall in performed by or on provided to tare mur provided upon regw The Policies shall b notice in writing in coverage. Written n The Company will 24. LIABILITY TERMS AND CONDITIONS (continued) the Municipality as an additional insured in respect of atl operations f of the Company. A certified copy of such policy or certificate shall be ty prior to commencement of the work. Further certified copies shall be iorsed to provide that the Munidpality is to receive not less than 30 days once of any cancellation, material amendment, w change restrid'rng shall be personally delivered to or sent by registered mail to the Agency. that any and all Subcontractors also have valid Insurance coverage. The company agrees': defend,aully indemnify and save harmless the Municipality from all actions, suits, claims, demon , bsses, costs, charges and expenses whatsoever for atl damage or injury including death to an person and all damage to any property which may arise directly or indirectly by reason of a requir t of the contract, save and except for damage caused by the negligence of the Municipality or' employees. The Company agree to defend, fully indemnfy and save harmless the Municipality from any and all charges, fines, nalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its empbyees shall be made a party to any charge under the Occupational Health and Safety Actin relation to any violation of the Ad arising out of this contract 25. VISITING THE SITE The Company shall refully examine the sde and existing building and services affecfing the proper execution of a work, and obtain a dear and comprehensive knowledge of the existing conditions. No claim or extra payment will be albwed for work or difficulties encounthred due to conditions of the site hich were visible or reasonably inferable, prior to the date of submission of Bid. Bidders shall a pt sole responsibility for any error or neglect on their part in this respect. 26. SAFETY The Company shall oF~y all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees o the Company. Without limiting the ge erality of the foregoing, the Company shalt satisfy all statutory requirements imposed by the O pafional Health and Safety Act and Regulations made thereunder, on a contractor, a ConsW and/or Employer with respect to or arising out of the performance of the Company's obligation under this Contract. The Company shall aware of and conform to all governing regulations including those established by the M icipality relating to empbyee health and safety. The Company shall keep employees and subco tractors informed of such regulations. The Company shall ~rovide Material Safety Data Sheets (MSDS) to the Munidpality for any supplied Hazardous M terials. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION 1 Page 10 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, Gaims, demands, charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, wthout invaNdating the contrail, suspend performance by the Company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule establ"shed by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municpaliy and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No empbyee or member of Council of the Muncipality shall sell goods or services to the Muncipaliy in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, iniluding the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act Offerers are reminded to identify in their proposal material any specific scient~c, technical, commercial, proprietary, or similar confidential infortnatbn, the discbsure of which could cause them injury. Complete proposals are not to be identified as confidential. THE N OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 11 of 11 SCHEDULE (B) 32. "The successful ser or such otkler entity background check records or convictior Food and Drugs A come into direct con residences. This will be submitted to the I The Municipal issues is direct contact with Municipal identificati whichever comes fii unfettered discretion entering a private o bidder/partner fails t~ policy and procedure TERMS AND CONDITIONS (continued) e provider covenants and agrees to provide the Municipality of Clarington, the Municipality may designate, with written consent to perform a criminal ;lading Criminal Code (Canada) convictions, pardoned sexual offences, under the Controlled Drugs and Substances Act, Narcotics Control Act and and all outstanding warrants and charges for every individual who may ict with youth or who are permitted entrance to private or restricted areas or a done at no cost to the Municipality and any such requested document will micipality in its true form in advance of commencement of work. identification card must be worn when individuals are at a site where there loath or where access to any private or restricted area is antiapated. The n card is valid for the term of the contract only or a one year term, .t Under the terms of the contract, the Muniapality has the sole and to prohibft an individual ,from coming info direct contact with youth or restricted area on a regular basis and to terminate the contr~t if the obtain or renew the Municipal identification cards according to Municipal The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately and uni eraily and without penalty to the Muniapality should the service provider fail to provide the r aired documentation or otherwise adhere to this procedure. °The Chief Administrative Officer has the final say in determining any final action.' OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-6 SCHEDULE `C' P:1Dept 12\12-297321Specsllncomple~e\CL2009-6Schedule (C).doc SCHEDULE (C) CONTRACTOR SAFETY POLICY AND POLICY: Contractors and S ~ b-contractors are responsible to ensure that their personnel are updated on allsaf ' y concerns of the workplace and are aware of the safety requirements as r ` uired by the Contractor under the Occupational Health and Safety Act. Safety perfo ante will be a consideration in the awarding of contract. Under the Occupational Heal and Safety Act (Section 23 (1), (2)), lt is the constructor's responsibility to en ure that: • the measu , sand procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the ro ecl; • every empl yer and every worker performing work on the rp Oject complies with the Occu Tonal Heafttrand Safety Act and the Regulations (under the Act); and • the health and safety of workers on the rp oiect is protected. • Where so escribed, a constructor shall, before commencing any work on a project, giv' to a Director notice in writing of the project containing such information s may be prescribed. DEFINITIONS: Contractor- any in widual or firm engaged by the Municipality to do work on behalf of the Municipality. Project - means a t~onstruction project, whether public or private, including, the constru ion of a building, bridge, structure, industrial establishment, mining plant, shaft; unnel, caisson, trench, excavation, highway, railway, street, runway, parking lot,;. fferdam, conduit, sewer, watermain, service connection, telegraph, telephone r electrical cable, pipe line, duct or well, or any combination thereof, the moving pf a building or structure, and any work of undertaking, or any lands or appurtenances used in connection with Construction - incl des erection, alteration, repair, dismantling, demolition, structural maintenance, pain ng, land clearing, earth moving, grading, excavating, trenching, digging, boring, dri ing, blasting, or concreting, the installation of any machinery or plant, and any work or u ertaking in connection with a project. z SCHEDULE (C) CONTRACTOR SAFETY , POLICY AND PROCEDURE Continued... ~ ' Constructor- means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. , Project Manager- means the municipal management representative who has responsibility for a contract. PROCEDURE: I 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 substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "C1"). 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 sftes. A workplace orientation/Job Safety Instruction Checklist to be completed (see Compliance page g}. h) Before the start of the assignment, the following documentation will be provided to the successful contractor, by the project manager or delegate. , i) Copies of the Municipal Corporate Health and Safety Program ii) Departmental health and safety policies : iii) Workplace procedures regarding health and safety practices. ~ SCHEDULE (C) CONTRACTOR SAFETY 3 POLICY AND PROCEDU~E Continued... i) The contra or has the responsibility to provide any and all prescribed personal protective uipment for their own workers, to include as a minimum but not limited to h rd hats and safety boots. If a worker(s) fails to comply with any program, p icy, rule or request regarding health and safety; that person(s) is not allowed on he site until the person(s) complies. j) .The Munici lity will retain the right to document contractors for all health and safety wam gs and/or to stop any contractors' work 'rf any of the previously mentioned 'ems are not in compliance. Similarly, the Municipality will have the right to iss warnings and/or to stop work if there are any violations by the contrador q the Occupational Health and Safety Act, Municipal Health and Safety prog ms, policies, rules, and/or if the contrador creates an unacceptable health. and afety hazard. Written warnings and/or stop work orders can be given to contrail using Contractor Health and Safety WamingiStop Work Order Form (Sch ` ule "C3"). k) Where applble, the Municipality will retain the right to allow municipal employees refuse to work in accordance with the established policy and the Occupation I Health and Safety Act, in any unsafe conditions. I) .The Purch ing Department will maintain current cert~cates of clearance until all monies owi g have been paid to the contrador. m) Responsibi, y for ensuring contrador compliance to this policy falls upon the project ma ger or designate. This will include identification, evaluation and control pra 'ces and. procedures for hazards and follow-up and issuing of Contractor ealth and Safety Warning/Stop Work Orders. 4 SCHEDULE (Ci) CONTRACTOR 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 Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the , accidenUincident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. • The New Experimental Experience Rating (NEER) , -The WSIB experience rating system for non-construction rate groups • The Council Amended Draft #7 (CAD-7) Rating ' -The WSIB experience rating system for construction rate groups • Injury frequency performance for the last two years -This may be available from the contractors trade association ~ • Has the contractor received any Ministry of Labour warnings or orders in the fast 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 (C2) CONTRACTOR SAFETY a) are ware of their respective duties and obligations under the Oc pational Health and Safety Act, as amended from time to time, and all gulatioras thereunder (the "AcP'); and POLICY AND PROCEDU~tE Continued... CONTRACTOR'S ffiTATEMENT OF RESPONSIBILITY As a contractorwo ing for the Municipality of Clarington, I/we will comply wfth all procedures.and r uiremeMs of the Occupational Health and Safety Act; Municipal safety policies, de rtment and site specific policies and procedures and other applicable legislati ' n or regulations. Uwe will work safely with skill and care so as to prevent an accide al injury to ourselves, fellow employees and members of the public. The contra or/successful tenderer certifies that it, its employees, its subcontra rs and their employees, 2. 3. 4. b) hav sufficient knowledge and training to perform all matters required puns ant to this contract/tenderssfely and in compliance with the Act. In the perfo ance of all matters required pursuant to this contracUtender, the contractod ccessfuf tenderer shall, a) act safely and comply in all respects to the Act, and b) ensue that its employees, tt subcontractors and their employees act safe) and complying all respects with the Act. The contraor/successful tenderer shall rectify any unsafe ad or practice and any non~o , pliahce with the Act at its expense immediately upon being noted by any pars n of the existence of such act, practice or non-compliance. The contra or/successful tenderer shall permit representatives of the Municipality nd the Health and Safety Committee on site at anytime or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or or be an assur tenderer or 6. The contrac Municipality ion by any representative of the Municipality shall be deemed to m of any of the duties or obligations of the contractor/successful of its subcontractors under the Act. tenderer shall indemnify and save hannless the a) from any loss, inconvenience, damage or cost to the Municipality which may esult from the contractor/successful tenderer or any of its empl yeas, its subcontractors or their employees failing to act safely or to com ly in all respects with the Actin the performance of any matters requi ed pursuant to this contracUtender; 6 SCHEDULE (C2) 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 noncompliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender, and c) from any and all charges, fines, penaRies, 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 contracUtender. s C.~.n1~~ ................~'Rt c- F~L.7l Pr ~! A:......~?......... ....................................................... Contractor C,uNrf2f~c-~"-Dv~S ~~t~- Name of Person Signing for Contractor .....~~ ......................L~..t.~.... . Signature of Contractor ~~ ~ Date ALOIA BRL-O/l/S. CONCRETE C/`O~NTRA~CTORS LTD '//LB ~[[~ ~OPfIt JpECtaLLdE ff 1844 DUFFERIN Si„ TORONTO, ONTARIO M6E 3P6 TEL: (416) 653-3574 FAX: (416) 658-5877 SCHEDULE (C3) CONTRACTOR SAFETY POLICY AND The purpose of this form _ Provide warning described below _ Direct the contrac due to the unsafe PART "A" -DETAILS OF CONTRACT/P.O. # DESCRIPTION: Continued... to: (Issuer to check one of the following) contractor to immediately discontinue the unsafe work practice to immediately cease all work being performed under this contract irk practice described below. NAME OF FIRM: 8 SCHEDULE (C3) CONTRACTOR SAFETY PART "B" -DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE & TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART "C" -ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-6 INSTRUCTIONS TO TENDERERS P:SDept 12512-297321Specs\incomplete\CL2009-6 - IT.doc ''' INDEX ~ ~ INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2009-6 '',~ CLAUSE SUBJECT PAGE 5. RIGHT TO ACCEPTOR REJECT TENDERS ....................................................................................... ...... 2 6. UNACCEPTABLE TENDERS ................................................................................................................... ...... 3 7. 8 ABILITY AND EXPERIENCE OF TENDERER ...................................................................................... PROVINCIAL SALES TAX ...... 3 3 . ........................................................................................................................ ...... 9. 10 GOODS AND SERVICES TAX (GST) ..................................................................................................... EXECUTE CONTRACT DOCUMENTS ...... 3 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 PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-6 GENERAL SEALED Tenders plainly marked "Contract No. CL2009-6" will be received until: 2:00:00 P.M., LOCAL TIME, Monday, May 25, 2009 r 2. 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 tc 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 far 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, casts, 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. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-6 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender Amount Minimum Deposit Required $ 20,000.00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 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 I' .J 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, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An Agreement to Bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. 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, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. r INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-6 t 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. ,~ 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. 3. ~ 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 90 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. I The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of the General Conditions. 1.~ INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-6 12. LOCATION The work is located on West Beach Road, in Bowmanville which spans Soper Creek. The structure is on West Beach Road approximately 300 m west of Port Darlington Road. 13. SOILS INFORMATION A geotechnical investigation has not been undertaken on behalf of the Authority. 14. TENDERERS TO INVESTIGATE 4. Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications shall be directed to the Contract Administrator, AECOM, Telephone: 905-372-2121, attention: Ron Albright, P. Eng.. 16. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Municipality of Clarington. 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the Corporation of the Municipality of Clarington. Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, AECOM, or such other officers, as may be authorized by the Authority to act in any particular capacity. f~ r ~~ INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-6 18. ADDENDA 5. The Contractor is instructed to attach all addenda issued during the tendering period as part of the submitted bid. Failure to do so may result in disqualification of the bid. 19. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: Bell Canada: Ms. Carroll Patterson Tel: (905) 433-0902 Enbridge/Consumers Gas: Cable TV Hydro One Veridian Hydro Clarington Street Lighting Durham Region Traffic Signals Mr. Jamie Rochford Tel: 416-758-7936 Ms. Cindy Ward Tel: 905-436-4138 Mr. Terry Gerroir Tel: (905) 623-1071, Ext. 3242 Mr. Peter Petriw, P.Eng. Tel: (888)-445-2881 Clarington Operations Ms. Sue Arends Tel: (905)263-2292 Durham Region Traffic Department Tel:(866)-786-8116 r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-6 SPECIAL PROVISIONS -GENERAL P:\Dept 12112-297321Specsllncomplete\CL2009-6-SPG.doc 44i.1 E INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2009-6 CLAUSE SUBJECT PAGE 1. PLAN QUANTITY ITEMS ............................................................................................................... ...1 2. GUARANTEED MAINTENANCE .................................................................................................. ...1 3. CONTRACT TIME AND LIQUIDATED DAMAGES ................................................................... ...1 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ............................................................ ...2 5. OPS GENERAL CONDITIONS ..................................................................................................... ...2 6. LAYOUT BY CONTRACT ADMINISTRATOR ............................................................................ ...2 7. RESTRICTIONS ON OPEN BURNING ....................................................................................... ...2 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 ...................................................................................................... ...4 14. EMERGENCY AND MAINTENANCE MEASURES ................................................................... ...5 15. ENGINEERING FIELD OFFICE .................................................................................................... ...5 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .................................................... ...5 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES.... ...6 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHIMIS) ................. ...7 19. SPILLS REPORTING ..................................................................................................................... ...7 20. PROTECTION OF WATER QUALITY ......................................................................................... ...7 21. TRAFFIC AND STREET SIGNS ................................................................................................... ...8 22. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE .................................................. ...8 23. ASPHALT MIX DESIGNS .............................................................................................................. ...8 24. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES ............................................................................................................................................ ...9 25. CONFINED SPACE ENTRY .......................................................................................................... ...9 26. ENTRY ONTO PRIVATE PROPERTY ........................................................................................ ...9 27. STORAGE AREAS .......................................................................................................................... ...9 28. ENVIRONMENTAL PROTECTION PLAN .................................................................................. .10 29. GENERAL LIABILITY INSURANCE ............................................................................................. .11 30. CONSTRUCTION LIEN ACT ........................................................................................................ .11 31. PAYMENT FOR ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S PERFORMANCE GRADED ASHPALT CEMENT PRICE INDEX. .12 32. VARIATIONS IN TENDER QUANTITIES .................................................................................... .13 33. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR ............................................................................................................................... .14 1 PAGE ONE SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 ' 1. PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.16 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all ' defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 3. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be of the essence for this Contract. 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 defined in GC1.06 of the General Conditions within 60 working days. 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 be included in the prices bid for 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 completed by the date specified, or as extended in accordance with Section GC3.06 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 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 defined 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. 7. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 8. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 i 3. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-112 percent of the total value of work pertormed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Pertormance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07.03(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04.03. As a condition of Progress Payment Certificate processing, the Contractor must provide a current WSIB Clearance Certificate and a Statutory Declaration in support of each Progress Payment Certificate 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. r The Completion Payment Certificate to include release of the remaining holdback will be issued within 120 days after the date for completion as specified under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner s Releases as specified elsewhere, as appropriate. Acceptance by the company of the final holdback payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the Contract and still unsettled. The Contractor shall include in his price for the publication of the Certificate of Substantial Pertormance. Publication is mandatory whether Contractor requests Substantial 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 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 job site during the time of construction." The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 4. The location and depth of underground utilities shown on the ConUact 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 bcation 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), and as per the requirements of the Ontario Health and Safety Act Reg. 213191, Section 69.1. 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. 13. MAINTENANCE OF TRAFFIC The contractor shall maintain traffic as outlined by Item No. A2 of the "Special Provisions- Tender Items' of Contract No. CL2009-6. It is understood that implementation of traffic controls will require ongoing review and adjustment to I, SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 '' ~ suit construction operations No deviation from the above procedure will be allowed except with the approval of the Engineer. 5. 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 ConVact limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. It is the responsibility of the Contractor to visit the site to become familiar with existing traffic volumes and patterns. No specific AADT (Average Annual Daily Traffic) is available at this time. However, the Contractor shall take into consideration all traffic into and out of the job site area as will occur during regular working hours. No claims for delays due to traffic will be considered for compensation. 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 for 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 office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: 1 Section 180.03, Definitions, shall be amended by the addition of the following: 1 SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 6. 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 7991 -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. 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 tAB, 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. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 7. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns has been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. The requirements of Section GC4.03 of the General Conditions of the Contract shall apply. 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHIMIS) i Reporting Section GC4.D3.06 is deleted and replaced with the following: Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related ' Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labeled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 19. 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.0.1990. ' 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. r 20. 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. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 8. 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. 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. 21. 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. 22. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE The Contractor will be responsible far ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. 23. 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. i SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 9. ' 24. 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 Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. ' The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. 25. 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. ' 26. 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. ' 27. STORAGE AREAS I Clause GC7.03.01 of the General Conditions of Contract is amended by the addition of the following: SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 10. 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. 28. ENVIRONMENTAL PROTECTION PLAN The Contractor's attention is drawn to the following environmental protection requirements, which will impact construction activities within or in close proximity to Soper 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 re-suspended 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 performed to the Engineer's satisfaction. • All disturbed areas shall be topsoiled (if necessary) and re-vegetated immediately after final grading is completed. • Construction procedures and handlinglstorage 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 SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 11. 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 (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 construction/placement of erosion and sediment controls in the Special Provisions-General and the Contract Items, will form an integral part of the project Environmental Protection Plan. ~' 29. GENERAL LIABILITY INSURANCE The Municipality of Clarington, and AECOM shall be named as additional insureds. (See Clause GC6.03.02.01) 30. 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. SPECIAL PROVISIONS -GENERAL CONTRACT N0. CL2009-6 12. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents. 31. PAYMENT FOR ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S PERFORMANCE GRADED ASHPALT CEMENT PRICE INDEX The Owner will adjust the payment to the Contractor based on changes to the Ministry of Transportation's (MTO) performance graded asphalt cement price index unless the Contractor opts out by notifying the Municipality in writing within 5 business days of receiving permission to start work. Once the Contractor has opted out of payment adjustments based on the index, the Contractor will not be permitted to opt back in. The price index will be published monthly by the MTO. The MTO price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted into the Work. The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area, of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs when the price index for the month differs by more than 10% from the price index for the month in which tenders were opened for the Contract. When the price index differential is less than 10%, there will be no payment adjustment established for that month. Payment adjustments due to changes in the price index are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted into the Work during the month for which it is established. However, a payment adjustment will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that have been granted. The payment adjustment for the month will be calculated from the following formulae: 1. When Ip is greater than 1.10 ITO, the payment adjustment per tonne of asphalt cement is (Ip - 1.10 ITO) and the Contractor receives additional compensation of: PA = (Ip - 1.10 ITO) x quantity of new asphalt cement in tonnes 2. When Ip is less than 0.90 ITO, the payment adjustment per tonne of asphalt cement is (0.90 ITO - Ip) and the Owner receives a rebate of: PA = (0.90 ITO - Ip) x quantity of new asphalt cement in tonnes SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 Where: PA =payment adjustment for new asphalt cement, in dollars ITO = performance graded asphalt cement price index for the month in which tenders were opened for the Contract Ip =performance graded asphalt cement price index for the month in which paving occurs 13. The quantity of new asphalt cement includes all grades of asphalt cement supplied by the Contractor with and without polymer modifiers. For each month in which a payment adjustment has been established, the quantity will be calculated using the hot mix quantity accepted into the Work and its corresponding asphalt cement content as required by the job mix formula except for mixes which contain reclaimed asphalt pavement. For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be determined from the difference between the asphalt cement content required by the job mix formula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the hot mix, as calculated by the Contract Administrator. For mix containing a liquid anti-stripping additive, the quantity ofanti-stripping additive will be deducted from the quantity of new asphalt cement. No other deductions will be made far any other additives. For progress payment purposes, a final adjustment amount will be calculated once all asphalt has been placed. 32. VARIATIONS IN TENDER QUANTITIES Clause GC.8.01.02 (b) of the General Conditions of Contract is amended as follows: The last sentence beginning "Alternatively" and ending "paid" is deleted and replaced by "The Municipality shall not be liable to the Company for loss of anticipated profit". SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-6 74. 33. 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. CL2009-6 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Municipality of Clarington from further obligations. Yours very truly, ............... Signature Property Owner's Name ............................Lot......Concession Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. i r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-6 SPACIAL PROVISIONS -TENDER ITEMS P'1Dep1121t2-297321Spe¢1CL2009b-SP-TI.Ex PAGE ONE SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-6 ORDER OF PRECEDENCE Where a Specification or Standard exists in the Municipality of Clarington "Design Guidelines and Standard Drawings" for any element of the works, the Municipality of Clarington Specfcation or Standard shall take precedent over the contract "Special Provisions -Tender Items" or the "Ontario Provincial Standards". PART `A' STRUCTURE REHABILITATION SITE PREPARATION - ITEM NO. Al Under these Items and for the Contract prices, the Contractor shall supply all labour, equipment and materials required to complete the following works in accordance with the Contract Drawings and to the satisfaction of the Contract Administrator: Trimming of all tree limbs impacted by grading and shouldering works. All tree limbs which require removal shall be identified by the Contract Administrator. Removing and disposing of all obstacles of the nature of guide rail and posts, rubble boulders, timbers, etc., not speo~cally provided for under other Tender Items, to accommodate structure rehabilitation, and approaches; Clean-up and all incidental work not included in specific Tender Items. All brush, logs, and other debris resulting from the Contractor's operations under this Item shall be disposed of by the Contractor off site at a location to be arranged by the Contractor at no addtional cost to the Authority and to the satisfaction of the Contract Administrator. Burning of trees, brush and other debris will not be permitted within the limits of the contract. In addition to the work required herein and further described under OPSS 201, the Contractor shall remove and dispose of all boulders within the limits of the required Bearing and grubbing operation. All boulders encountered under ttaese operations shall be disposed of away from the site at no additional cost to the County. Any damage caused by the Contractor's operations to the surrounding property shall be repaired by the Contractor at no additional cost to the Owner. All removals from the site shall remain the property of the Contractor to be disposed of by the Contractor off the limits of the Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Contract Administrator. When hauling rubble, excavated material or fill materials from or to the site, the Contractor shall comply with the requirements of the Highway TrafficAct. All trees, shrubs and other vegetation to be preserved, as designated by the Contract Administrator shall be carefully protected from daMger or injury, during all construction operations by means of a snow fence at the dripline of the trees or ag directed by the Contract Administrator. The Contractor may be required to cut only certain selected trees on certain areas, leaving the rest of the trees in the indicated areas unharmed. The prices tendered for these Items shall be compensation in full for all work associated with these Items. Work under these Items shall not commence without prior approval in writing from the Contract Administrator. OPSS 201, 206, 510, and 565 shall apply except as amended or extended herein. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-6 MAINTENANCE OF TRAFFIC -ITEM NO. A2 2. These Items are for the extra cost involved in keeping the road open to through traffic during construction, for the maintenance of the road, for maintaining access to residences for vehicles and pedestrians, and for carrying out other activities as specified and as required in connection with this specification. The Contractor shall: a) Erect and maintain temporary signs, concrete barriers and temporary pavement markings, as required to accommodate all of the work as shown on the drawings. b) Prepare Traffic Control Plans, Traffic Protection Plans, etc. as required in the Ontario Traffic Manual, Book 7 -Temporary Conditions. All plans, etc. shall be submitted to the Contract Administrator for review prior to commencement of work. All submissions shall bear the stamp and signature of a Professional Engineer registered in the Province of Ontario. The Engineer shall carry out a site inspection during installation or modification of the traffic control system and provide written certification of conformance. c) Supply, install and maintain traffic protection barriers as directed by the Contract Administrator. d) Supply, install and maintain temporary signalization devices, as required and as approved by the Contract Administrator. One lane of vehicular traffic shall be kept open at all times and maintained unless specified otherwise in the contract. During lane restrictions traffic shall be controlled by trained flag persons or temporary signalization devices. Access shall be maintained at all times, regardless of weather or construction staging, to all residences having access to the road and safe and adequate passage for pedestrians shall be maintained. If the Contractor fails to maintain access, the County may take whatever action it deems necessary and charge the costs back to the Contractor. The Contractor shall supply and place all construction warning signs using direct buried posts as required by the 'Ontario Traffic Manual -Book 7, Temporary Conditions', prior to the start of construction. The Contractor shall remove all construction signs and posts upon the completion of the contract. The Contractor shall cover (bag) any road warning and regulatory signs as required to carry out the construction when advised by the Contract Administrator. The Contractor's traffic control and traffic maintenance shall be in accordance with the 'Ontario Traffic Manual -Book 7, Temporary Conditions'. Proper traffic control shall be maintained at all times during construction, including removal and application of pavement markings as necessary to maintain vehicular traffic in their designated lanes. The Contractor will be responsible for providing, maintaining and relocating where necessary, sufficient signs, delineators, barricades, lights, flashers, etc., and providing such flagpersons and/or police officers as are required so that motorists and pedestrians are properly directed to ensure safety. Flagging procedures shall conform to the recommendations of the Construction Safety Association of Ontario. Flashing lights shall be placed to delineate all traffic control devices remaining in place overnight. The Contractor shall give the Contract Administrator five (5) working days advance notice of any construction, change or removal of the temporary traffic protection and any such construction, change or removal shall only take place upon the approval of the Contract Administrator. During the time the temporary traffic control is being constructed, changed or removed, vehicular traffic shall be under the control and direction of flagmen. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-6 3, If, in the opinion of the Contract Administrator, proper traffic control is not maintained, the Contractor shall ' immediately modify the operakion to the satisfaction of the Contract Administrator. If the Contractor fails to take immediate action, the Contract Administrator may take such action, as he considers necessary and required and deduct the cost ffom monies owing the Contractor. The performance of such work under the ' direction of the Contract Administrator shall in no way relieve the Contractor from any responsibility or damages which may occur during its performance or. after such precautions have been carried out by the Contract Administrator The cost of all labour, granular and asphalt materials, equipment, tlagpersons, signs, lights, etc., required to maintain both vehicular and pedestrian traffic, shall be included under this item. ' The work of this item shall include the control of dust to provide safe passage for traffic. Dust control shall be effected by the use of water or calcium chloride, or both. The work of this item shall alsp include the removal of mud that has been tracked onto roadways as directed by the Contract Administrator. Mud shall be removed wthin 24 hours notice by the Contract Administrator The Contractor will be responsible for the maintenance of the work at all times until the contract has been accepted, and commencing from the first day of work. This wi8 include the maintenance of the existing roadway within the contract limits even if the Contractor has not yet begun work in a particular area. Temporary signage shall be supplied, erected and maintained in the locations shown on the approved traffic control plans, or as directed by the Contract Administrator during the course of the Contract, by the Contractor, in accordance with the Ontario Traffic Manual, Book 7 -Temporary Conditions and the Manual of Uniform Traffic Control Devices. The Contractor shall be responsible for all the necessary installation, hookup, inspection, permits, etc required to erect the temporary traffic protection system. Payment for all work outlined th this specification shall be included in the lump sum price tendered for `Maintenance of Traffic'. Payment shall be made of each payment certificate based on the value of work completed to date as a percentage of the total contract amount. The total value of this item shall not exceed 100 % of the contract lump sum price. REMOVALS -ITEM NO. A3 Under these items and for the,Contract unit prices, the Contractor shall supply all labour, equipment and materials required to complete the following works in accordance with the Contract Drawings and to the satisfaction of the Contract Administrator: a) Removal and disposal of materials including sidewalks, curbs, bituminous pavement, etc. b) Removal and disposal', of existing steel handrail and concrete end posts c) Sawcutting of all joiMs~ at the limits of removal in asphalt pavement, concrete curb and concrete sidewalk. d) All other removals not',provided for elsewhere in the Contract. e) All excavations not prgvided for elsewhere in the Contract. Asphalt and concrete rubble resulting from removals shall be disposed of off the site at a location arranged for by the Contractor. The unit price bid shall include for sawcutting at limits of removal as required. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-6 4. LIGHT DUTY SILT FENCE BARRIER (OPSD-219.110) -ITEM NO. A4 The Contractor shall be paid for his sediment conVol fencing on the basis of the unit price for this Item, including all maintenance necessary to keep the fence fully operative. The unR price bid shall include for the removal of all fence once vegetation has established. Light duty silt fence shall be constructed in accordance with OPSD 219.110. EARTH EXCAVATION -ITEM NO. AS Under this Item and for the unit price bid, the Contractor shall supply all material, equipment and labour necessary to pertorm all stripping, grading, ditching and benching to accommodate the installation of the new guide rail posts as per OPSD 202.030, OPSD 208.010. The estimated quantities under this Item are as follows: Earth cut (excluding stripping) - 25.0 m3 Stripping - 110.0 m3 Fill required road works - 325.0 m' EARTH BORROW -ITEM NO. A6 Payment shall be made under this Item for the supply, placing and compacting of compactable fill material for the construction of the road embankments. Material used for the road embankments shall be engineered fill and shall be compacted in accordance with OPSS 501. The Contract Administrator shall approve the material before it is used as fill. If, in the opinion of the Contract Administrator, water is required to attain the required fill density as specified in OPSS 501, the Contractor shall supply such quantities as the ConVact Administrator may direct and apply the water from equipment approved for that purpose. Water for compaction shall be paid for under the water Item. DOWELS INTO CONCRETE -ITEM NO. A7 The Contractor shall supply all labour, equipment and materials required to supply and install dowels into concrete, as shown on the Drawings and as directed by the Contract Administrator. Payment for these Items at the Contract price shall include: a) Core drilling into the existing concrete and grouting in dowels as shown on the Drawings. b) Supply and installation of all reinforcing steel bars. Grout shall be the Hilti HIT HY-150 Adhesive System, or approved equal, and shall be used in accordance with the manufacturer's recommendations and as directed by the Contract Administrator. The holes shall be pre-dampened for a period of one hour and free water shall be removed prior to application of the grout. The holes shall be free of dust and debris immediately prior to placement of the anchoring agent. When ' SPECIAL PROVISIONS - TQNDER ITEMS CONTRACT NO. CL2009-8 S, ' the anchoring agent fails to fill the hole after insertion of the dowel, additional anchoring agent shall be added to fill the hole. Holes that are started but not complete because reinforcing steel is encountered shall be cleaned and filled with an approved patching material. All debris resulting from the operation shall be disposed of as specified elsewhere in the Contract. ' CONCRETE IN DECK- ITEMi NO. A8 All concrete shall be cured by'wet burlap. Payment at the Contract price shall include: a) Supply of all styrofoam, flexcell, expanded polystyrene, P.V.C. waterstops, caulking, evazote, etc. as required to complete the structure. b) Preparation of existing concrete surfaces against which new concrete is to be placed. c) Concrete in sidewalk and curb on deck. d) Supply and installation of new reinforcing steel. e) Field cutting, bending,and abrasive blast cleaning of all existing reinforcing steel to be left in place, as shown on the drawings and as directed by the Contract Administrator. The estimated quantity underthis Item is 26 m' CONCRETE IN PARAPET W14LLS -ITEM NO. A9 All concrete shall be cured by wet burlap. Payment at the Contract pricelshall include: a) The supply and installation of all joint filler, flexcell, caulking, expanded polystyrene, Evazote, etc., and similar items',as indicated on the Drawings, and as required to complete the structure. b) The preparation of exiting concrete surfaces against which new concrete is to be placed. c) The concrete in parapet walls. d) The supply and installation of new reinforcing steel. e) Field cutting, bending'and abrasive blast cleaning of all existing reinforcing steel to be left in place, as shown on the drawings and as directed by the Contract Administrator. The estimated quantities under this Item are as follows: Concrete in Parapet Walls - 10 m' per wall Total Concrete in Parapet Walls - 20 m3 GRANULAR `B', TYPE I AND GRANULAR `A' -ITEMS NO. A10 AND A11 Payment shall be made underthese Items for supply, placing and compacting Granular'A' and Granular `B', Type I to the following depChs: West Beach Road, shoulder widening, 150 mm of Granular'A' and 300 mm of Granular'B', Type L Granular'A' as required to shape roadway for repaving. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-6 6. CONCRETE CURB AND GUTTER (ALL TYPES) -REM NO. A12 Where sidewalk abuts curb, a 50 mm key shall be constructed at the back of the curb in accordance with the standard. The unit price bid shall include for sawcutting existing curb at point of connection to new curb. Subsection 353.07.06 of OPSS 353 is amended in that transverse jointing of curb and gutter shall be at a maximum spacing of 3.0 m. Curb shall be constructed in accordance with Municipal Standard C- 302. CONCRETE IN SIDEWALK -ITEM NO. A13 Where new sidewalk abuts existing concrete placements, an expansion joint shall be constructed at these locations. Every joint shall be a contraction joint except where expansion joints are indicated. The unit price bid shall include for all minor excavation required where existing sidewalk is being replaced. All sidewalk shall be constructed in accordance with Standard Drawing C-307. HOT MIX H.L.-3 -ITEM NO. A14 The Contractor shall supply all materials required for the proper execution of paving in accordance with OPS 310. Asphalt shall be PGAC 58-28. The Marshall Stability for H.L.-3 surface course shall be a minimum of 8900 and for H.L.-8. binder course a minimum of 8000. Payment shall be made under these Items for the following work: Paving at proposed bcations as designated on the Contract Drawings with H.L.-3 asphalt to a total depth of 90mm, placed as two separate lifts at 50mm and 40mm depths All material, equipment and labour to complete hand work as required for asphalt placement. GABION BASKET RETAINING WALLS -REM NO. A15 The Contractor shall supply and place gabions at the locations, and to the dimensions shown on the Contract Drawings. Gabion baskets are to be assembled with geotextile (600R) placed between all gabion -soil interface areas. The contract administrator shall inspect the ground conditions where base gabions are to be placed prior to placement, and if deemed satisfactory, the Contract Administrator will give the approval to proceed. Gabion baskets shall be 1.Om in height and 1.Om in depth, and length shall be as per the Contract Drawings. For the unit price bid the Contractor shall supply all materials, labour and equipment to place gabions as per OPSS 512. STEEL BEAM GUIDE RAIL- ITEMS NO. A16(a), A16(b) Item A16(a) -Connection to Structure Under this item and for the unit price bid, the Contractor shall supply all equipment, labour and materials necessary to connect the steel beam guide rail and channel to the structure in accordance with OPSD 912.430 as directed by the Contract ' SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2009-6 7. Administrator incuding steel beam guiderail, channel and posts as shown in OPSD 912.430. Items A16(b) -Steel Beam Guide Rail ' Under this Item and for the unit price bid, the Contractor shall supply all materials, equipment and labour as required for the installation of steel beam guiderail at all locations indicated on the Contract Drawings, in accordance with OPSD 912.130, ' excluding, connection to structure and extruder end treatment systems. EXTRUDER TERMINAL SYSTEM -ITEM NO. A17 Under this Item, and for the unit price bid, the Contractor shall supply all materials, equipment and labour as required for the installation of extruder end treatment systems, including flexible reflective sheeting high intensity markers, in accordance with OPSD 922.532. ~ ECOBLANKET -ITEM NO. A78 This product shall be used in areas where the slope of the tercain is greater than 2:1 and in areas of 3:1 where the diagonal length of the slope exceeds 4 m. 1.0 Description: This work shall consist of furnishing, constructing and maintaining an EcoBlanket (to Rexius specifications. EcoBlanket is a ground cover (surface blanket) of the Rexius specked compostlmulch (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. 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. 2.0 Material: The EcoBlanket filtering material consists of the Rexius Erosion Blend of compost and mulch materials, acwrding to the Rexius particle sizing specifications, in combination with the Rexius Microblend additive. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-8 8. Particle size must meet exact specifications of the Rexius EcoBlanket Erosion Blend material and Rexius material supplied by a certified supplier/installer. The compost portion of EcoBlanket 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 for a'process to further reduce pathogens' (PFRP). The compost portion shall meet the chemical, physical and biological properties (as outlined in the chart on reverse). These and all other required properties for the performance of the EcoBlanket are included in the Rexius EcoBlanket Manufacture Guidelines followed by certified supplie~nstallers. Rexius Microblend additive shall be injected into Erosion Blend material at time of EcoBlanket construction. A proof of certification as an EcoBlanket supplier shall be submitted to the Engineer/Landscape 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 applied/injected at a minimum rate of 615 kgs per hectare (or as specified by Rexius), to be confirmed by inspector/project 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 shall be performed within the local region's seeding deadlines. QUALITY ASSURANCE: Performance Measure: All compost and seeded 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 Performance 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 notification. The Contractor shall maintain the site until conditions permit application or re-application of compost and seed. All replaced compost and seed shall be subject to the Quality Assurance section of this specification. ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-6 I 4.0 Maintenance: 9. The Contractor shall maintain the EcoBlanket in a functional condition at all times. Contractor shall make periodic inspections of the EcoBlanket for effectiveness and shall immediately correct all deficiencies. Where deficiencies exist, additional EcoBlanket material shall lie installed immediately to required depth. 5.0 Performance: ! Place EcoBlanket on denuded' areas immediately or as directed by Engineer Seed shall be applied as indicated on the Contract Drawings for additional erosion and sediment control. The work specified in the Sectjon 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 providing effective sediment control.measures based on perormance. Contractor may, with approvabfrom the Engineer, work outside the minimum construction requirements to establish a working erosion control system. Method of Measurement: All surfaces shall be measured by the square metre, complete in place. EROSION CONTROL BLANF~ET -ITEM NO. A19 Under this Item and at the bid unit price, the Contractor shall protect seeded areas as directed by the Contract Administrator with a,staked Erosion Control Blanket {North American Green - S150, Tel.: 1- 800-448-2040). Erosion Control Blankets shall be secured in accordance with suppliers/manufacturers directions, with particular concentration on thel staking of the blanket to secure on slopes using wooden or steel pins. PART `B' GENERAL ITEMS BONDS, INSURANCE AND MAINTENANCE SECURITY -ITEM NO. B7 Include: 1 100% Perormance 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. MOBILIZATION AND DEMOBILIZATION -ITEM NO. 62 The Contract price stated in the Tender Form for this Item shall be compensation for the following: a) Security protection of the Contractor's office, plant and sorted materials during the course of the Contract. b) Moving onto the site and setting up the Contractor's office, storage facilities, plant, etc. c) Providing all necessary' access to the project including haul roads as required and the restoration of the surfaces to theiroriginal condition after the haul roads are removed. d) Moving off the site and removal of the Contractor's office, storage facilities, plant, etc. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-6 10. Payment will be made as follows: ' - 50% of the lump sum stated in the Tender Form for this Item will be paid on the first Payment Certificate; and, - the 50% balance will be paid on the Payment Certificate following issuance of the Certificate of Substantial Performance. ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-6 DESIGN GUIDELINES SECTION 900 INSPECTION/CONSTRUCTION ' ---- - ..••,'•,•,••••~• ..usacttl~u.,~~vD(,UNSTRUCTl011~-36 ~~ 1.0 GENERAL 1.01 These gtudditres are to be need in Subdivision 000~~oII `~ the conditions sd out o the Agreemcat, in paticular St9rodule 1"--Duties of Owner's Enginoa and Schedule "L"-Regulations for Construction. 1.02 The Owner's Consulting Engineer shall provide fuU-time ' on and all Wotlts. raspxtr supervision of 1.03 The Corsulting Engineer shall take extensive moo photos of surrounding tands, and shall provide dated/descnbed copies of such photographs to the M (rnrcipalily. ' 1.04 Construction sites ace to be maintained to prevent Y ponding of water. i A5 Prior to requesting Ure irrspxtiorrs (or re-irrspectioos) fran the Municipality, the Consulting Engineer shall verify the proper compldion of the Works, and srrbrnil a written request. t.06 All equipment, materials and methods involved in hunch backfill, filling, grmrrlars, concrete and asphalt shall be monitored and Certified as acceptable by the owners Geotecturical Engineer (sce attadrod form). Unless ranted otherwise, fhe term "canpacted" shall mean 95% Slaidad Proctor or higher (native roneria]s) and 98% Standard Proctor or higher (granular materials). Such certification shall be in a form acceptable to the Director and shall include all supporting documentation and test results. Mix desigrrs for carcrcte ' and asphalt shall be obtained and approved by tlrc Geotechnical Engineer. The Geotectr-rical Engireer shall ensure that the type. frequency, bcation and results of all tests is sufficient to ensure certification. Furthermore, the Creotechnical Engineer shall ensure all results for a given stage of conshuction are acceptable prior to commencing the next stage of construction. 2.0 STORM SEWERS 2.01 All materials shalt be visually inspected by the Consulting Engineer upon delivery, to ensure conformity wish specifications and the approved engineering drawings, and Io ensure any damaged/substandard material is marked and removed from the site immediately- 2.02 Installation of storm sewers shall be continually monitored for adherence to proper bedding, pipe laying, backfilling and compaction procedures. All storm sewers, catchbasins and manholes shall be constructed true to line and grade. Street catchbasins aze to be installed in precise alignment with curb lines, and no .tolerances will be permitted. Rear yard catchbasins shall be accurately surveyed artd verified by the Consulting Engineei for correct .location prior to the issuance o(a Certificate of Completion. The precast tops of manholes and catchbasins shall be checked for excess brickwork prior to roadbuilding. INSPECTION, MATERULSA)VD CONSTRUCTI011~37 ' 2.03 Trench withhs shall be kept at a miaimtrm, while pmvidiOg Proper widths b etnble meCh~cal ooatpacfion. All trenching mtrsi adhere b Ministry of Labotu requirements. 2.04 Manholes arc b be back611ed with ootolnded sand, g min, 1.0 m from the ' outside face of the structure. (Gtchbasins mm. 30prum from the (~ of the sirttdue). 2.05 House cotmectioas shall extend I.5 m into the bts and 6e plugged with approved r removable phtgs. Budding shall be as per approved standard drawing. Tees shag be Pro- manufacturod for pipes 450ntm diameter sad aaratler, rnred (on site) if 525tma diameer or larger, and shall be setatre and watertight The invert of all tees shall be located above , the sptingline of the sewer main and shall be a tnmimwn of ti00mm from 14e nearest adjacent tee or joint, unless approved otlttxwise. 2-~ Concrete pipes iatoJout of manholes shall be cottcrde cradled precisely to the fast joint. ' 2.07 All storm sewers, including shed and rear yard cxdibasin leads (and individual service r laterals where dirocted), sfrall be rrtspeded using approved high quality video recording equipment and Procedurrs. The inspection shall 6e carried out in a manner acceptable to the Municipality and all video tapes shall be submiaed b W M i e un cipality for review and permanent storage. Video re-ir~ections mry also be requested- t 2.08 fn5lttation shall not be permitted into the storm sewer system. All leaks shall be investigated b ddemune their source and slnll be corrected to the satisfaction of the Municipality. 2.09 Pipes which have failed in any manner, including sacking (0.3mm design krading cracks , excepted), exposed reinforcing or other defogs, shall be removed and replaced to the satisfaction of the Director. Ho repairs sha11 be urrdeAaken without the consent and the direct supervision of the Municipality. 3.0 BACKF[I,LUVG GttADDVG AND GRANULAR ROAD BASE I 3.O1 Backfill containing organic or frozen material, or excessively moist material which ' cannot support conventional compaction equipmerp, shall be deemed unsuitable and shall not be used. The initial lift of native backfill shall not exceed 1.0 m in depth above U-e compacted sand cover over Qte storm sewer and each additional lift shall be placed in layers not exceeding 300mm loose measurement (unless pre-authorized by the Geotechnical En ineer) E h lift g - ac shall be compacted until it has achieved the specified de i b f ns ty e ore 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. i i (. ~' INSPECTION, MATERIAIS.4IVD CONSTRUCTION-38 3.03 The Geotoc5oial Eag6tar shall doamrent all tests, incltttiing failt[res and retests, is sequential order, atntinuously tl[touglrottt the pr'oJ~- A copy of aA test results shill be kept at Ste site trailer, in additiott to providing daily pbttiny of all test raatlts oo the phm and profile drawings. 3.04 The Consuhing Engineer shall assure that the , width, aril that the minimum 3'/. ctossfall ~bl;~ is ~ g~ to the eomoct Ion "ttrdina! nits constst~tly maitKained, with no !`r patttiaed. The Gootrximical F.ogioea slt~l artpby appropriate testing meastues to assess the suitability of the subgrade, including prtaf-rolling, attd shall metre apPtopt~te rota~dations W the Cattsnlting Eoginar asd Municipality. Whenever Possible, balized soft eras is the subgrade shall be replaced with sttita6k native material, not granular material. What additional gtaoutars crust be used, they should be considered oa a street by suroet basis. Sttbdwins must That be lowered accordingly, and 10:1 Cost tapers must fie provided. 3.05 Subdrains shat(be installed qtly after Itte subgrade has been proof-rolled sad the road structure has been finalized. Subdrains shall be installed true to line and grade, in a trench condition, and shall fie backfillod with approved granular material having aggregates tat ezcttding t 9mm. All subdoins shall be supplied with a 51ta sock 3.06 The Geotechnical Etgineer shall confimt (io a form acceptable to the Mtmicipality) Use acceptability of each stage of roadbuilding prior to subsequent stages conuaertciug. Subsequent stages of road construction shall not procoed without approval Gom Municipal staff: 3.07 After base curbs are installed, all Granular B must be regraded and verified by Municipal staff prior to placing Granular A. (Any Granulaz A placed prior to base curbs shall be considered Granular B). 3.08 Granular material shall be tested in accordance with the latest 0_P.S.S. specifications. Material shall be tested at the pit and also as it arrives on site- Material not conforming to the specifications shall be rejected and removed Gom site. 4.0 CONCRETE WORKS 4.01 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be monitored and all applicable tests (compressive strength, slump, air entrainment, etc.) shall be 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. Contraction joints shall be in accordance with the Municipality's standard drawings and shall be completed as earl y as practical and before any initial cracking occurs. [:arge cracks or several INSPECTION, MATERULSAND CONSTRUCTION-39 srtnaUer cracks bdwaa contraction joints in cwbs wl9 ~ ranoval turd replacanent of that section of anb. Sidewalks with distract craclrs will tdso tegtrire reph 4.03 Curing oompormd shall fie generously implied to all eaposod twee strcf'atxa, tegudkss of ambient temperzttars or ~~ baw~ l ~ 2 hoax of finishing. 4.04 All curbs to be phttxd trstag approved caub machines. Excess concrete formed doting ~mtrtachine phrcemeat shall be promptly himmed and removed prior b setting. 'ILe length of crab to be removed and replaced shall be 1.5 m. No cooaete patch [epaits shall be petaritted_ 4.05 Prior to phttxment of top curb, base curb shall be cleaned and Wert in.~~ by Municipal stag Base curb and stirrups shall fie repaired audr'or replaced as directed. 4.06 The depth of top crab at the edge of pavement sfiall rrd be less Utan IOOmm and shall be continually verified by the Consulting Engirrar. 4.07 Immediately prior b the placement of top nub or sidewallt, the existing surface shall be dampened with water to prevemt leaching of moisture 6om the fresh concrete. 4.08 Driveways to be as per approved house siting plans with rrtinimum widths of 4.6m for single detached harres. 5.0 ASPHALT PAVEMEPfC 5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in accordance with OPSS 310, 1003 and 1150 (latest revisions thereof). MarshalUextractiorJdensity tests shall be carried out by the Geotechnical Engineer in accordance with OPSS and relating to the approved mix design. Note: Provincial and Municipal projects differ with respect to contrail administration, paving project sizes, Quality ControUQuality Assurance procedures and testing fiequencies. As such, several OPSS specifications are not appropriate for Municipal use and shall not apply, as determined in the sole discretion of the Director. Since current testing methods do not enable ongoing monitoring (and therefore corrective action) of the asphalt, Ure onus shall be on the asphalt suppliers and contractors to ensure, through their own Quality Control methods, that their product meets the basic standards with no exceptions for 'borderline' test results permitted. Any reference to `borderline' or to taking `immediate corrective action' based on notification of laboratory test results shall be deleted and the product deemed unacceptable. te_ OPSS D310.08-0492 which permits air voids beyond acceptable limits, provided the contractor takes `immediate corrective action' shall not apply. Unacceptable work shall be irrirriediately remoyod. Financial compensation using MTO formulas (to offset service life reduction in borderline work) may be considered, at the sole discretion of the Director, provided such amount is calculated by the Consulting Engineer, and all parties are in agreement. INSPECTION, MATERULSANp CONSTRpC170N-~0 ' 5.02 Prior to platting surtax asphaH, base zz~t shall ~ ~,~ ckao of all dirt, debris and dust. Ar+ws of base asphalt shall fie reatoved and sawcut at all paiatdets. The use of a Geo.Gtid a laced ~ ' ~ a vaUcal ' directed by We M i approved equivalem may also be ttttifotm thickoass. tY• Low areas dull be padded b ertswe a surface mu of 5.03 ~ttsulrttatdtok is b be procisely raised to Caul grade, and verified by We Developer's g Eogiaetx and Mtnicipal stall: 5.04 Tack coat ahaU be applied just prior to surface paving opaa<ioas a~ stall fie allowed b dry until it is is a proper condition of tackirtess. The kngth o f sway pr~~ stuU be lirnited b the immediate pavrng section, to reduce tracking. It stall fie cued 1 the rate of 0.4 li6es/sq. m taking prr nit ~ Y fiptied at strrfaces. spray curbs, sidewalks or any older atljatxrtt 5.05 Driveway Paving shall be fully inspected and verified fa depots of stone and asphalt, and the compaction thereof, and ettssuring that asphalt is ~ a sufficient ternperattrre for placunent. III3A ([~H,3Fj will not be permitted, except in special cases wAh the 1 approval of the Director. Crowing o< rounding of the limestone will not fie ptxati0ed. Materials testing may be required for driveway apron gavel sad asphalt, as deeded. 6.0 TOPSOQ., SODDpVG ANt) SEEDBVG 6.01 All areas requiring sod shall fast be fine graded, intspeded by the Consulting Ertginear, then prepared with 10(knm of good quality topsoil. Topsoil and sodding-shall mcet the requirements oCOPSS S70 and 571, in addition Io meeting any additional requirements set out in these specifications. Boulevards shall have 2°/. positive drainage toward the curb and shall be fully sodded, except in areas covered by driveway aprons or sidewalk. 6.02 All topsoil shall be free from native till or clay, roots, vegetation, weeds or debris, stones and clods over SOmm in diameter. Imported topsoil, if required, shall be fertile, loamy, screened material of a quality acceptable to the Director (containing approximately 4% organic matter for day looms and 2% minimum organic matter for sandy looms with acidity range of 6.0 PH)_ Topsoil infested by the seeds of noxious weeds will not be acceptable. 6.03 All sod shall meet the requirements oC Ontario Sod Grower's Association No. I Bluegrass Fescue Nursery sod. The sod shall be taken from good loamy soil and shall be healthy, well permeated with roots, have tuifotm texture and appearance and be free from weeds. Sod must be laid within Thirty-six (36) hours of being cut. Care must be taken during its transportation and placement 1o prevent any drying out. Sod shall match flush with all . adjacent surfaces and shall have no open gaps, overlapping edges or uneven joints. Where adjacent or .fronting lands have already been sodded, care must be taken to ensure i INSPECTION, MATERULT ANp CONSTRUCTION-dl sodsod shall be statrequired transition a adtieved On slopes 3:I and ataper, 6.04 Laid sod shall be iotntodiately roped b produce an eves sraface and CO~~ ~meatatdy theratter sad shall oatriouc oa'a ~g basis ~til ~~ shall removed ~ Pmt' If sod fails b estab6yti immediately. it shelll bo throagh ~~ w No attempt shall 6e Wade btry b rc-establish w.~~ sod entire work shall be done inin a tl~ ~fic pdmissoa is grimed by the Uiroclor. the professional in ~Y ~odOO~~e n18O0a with an even since, and removed from ~ Any sod deemed unfit by the Director shall be inomediately to Comm ~~- in this regard, it is in the best interest of the aontra<aor unicate w~ib ~ nB~ng the Wads of newly laid sod ova the fist year- 6-OS Where approved by the Municipality, 4yd<aulic seeding and mulching may be performed provided that it ceaforrus to the Ontario Provincial Standard Specification No. 572. ~i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-6 ' STANDARD DRAWINGS ' PiDept 12112-29732\Specs\Incomplete\StandDraw.doc PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2009-6 STANDARD NO. DESCRIPTION C - 302 STANDARD CURB AND GUTTER 307 STANDARD CONCRETE SIDEWALK OPSD- 202.030 EMBANKMENT WIDENING FOR GUIDE RAIL END TREATMENTS AND ' TRANSITIONS 208.010 BENCHING OF EARTH SLOPES 219.110 LIGHT-DUTY SILT FENCE BARRIER ' 912.101 GUIDE RAIL SYSTEM, STEEL BEAM RAIL COMPONENT 912.102 GUIDE RAIL SYSTEM, STEEL BEAM CHANNEL COMPONENT 912.104 GUIDE RAIL SYSTEM, STEEL BEAM STEEL POST WITH WOODEN OFFSET BLOCK COMPONENT 912.130 GUIDE RAIL SYSTEM, STEEL BEAM, STEEL POST WITH OFFSET BLOCK ASSEMBLY INSTALLATION -SINGLE RAIL 912.401 GUIDE RAIL SYSTEM, STEEL BEAM STRUCTURE CONNECTION COMPONENT - RAIL AND CHANNEL 912.430 GUIDE RAIL SYSTEM, STEEL BEAM STRUCTURE CONNECTION 922.532 ENERGY ATTENUATOR, END TREATMENT EXTRUDER TERMINAL SYSTEM WITH STEEL POSTS, INSTALLATION ~~ o~xxl c~ ~,~ ,~ STANDARD CURB AND GUTTER BARRIER CURB NOTES 1 Concrete shall conform to OPSS specifications (3OMPa, 7% 11.59. air). 2 Contraction joints every 3.Om (maximum). Saw-cuts to be 25% of total depth. 3 Curing compound is to be sproyed on within one hour of finishing. 4 Additional width required where curb is adjacent to sidewalk. Aq ditmmbn~ ~ In m1111mHra unlw olMrolp no1W. ewiox crle STANDARD CURB AND GUTTER ~. C-302 wRECnoN,LL urns: uIN. o..s,„ rPrat uro 1.5.,. IBNO I IAWMUY sPrCING Or lam BETwEQI E%PANSION .IOINts K+o wNEaE sroEwux rears rxr RICD stteucnlrsE 0.75 PnOPERIY UNE 1.9 13 w 1 III INFlLL COr1IPItTIOH JOINIS (IYP.) DEPRE'SED CURB w 1.5 0.75 ~ ZT a • > . ~ ~ ~ ~ ~ . . ~,. _ : 1 30mm 150mm AT OPoVEWAYS ~ C04PNCIm NATNE AIA7ERUL (SkE NOTES 1 AND 2) dl)~$ 1 Use t00mm compacted granular 'A' if native material is deemed unacceptable by the Municipality. 2 Subgrade material to be well compacted, then dampened immediately prior to pouring sidewalk. 3 Concrete shall conform to OPSS specifications (30MPa, 7R tt.5R air). 4 Curing compound to be sprayed on sidewalk within 1 hour of finishing. 5 Expansion joints to be be placed full depth of sidewalk. 6 Contraction joints to be 25R of full depth of sidewalk. 7 Surface of sidewalk to have a broom finish. All dim~riNem an In m~lm wdw olhgwts~ notrad. M 'ci alit of Cl n E 'eerie Services De artment r~ ~ Na """~ ~~ STANDARD CONCRETE SIDEWALK C-307 ,~ ~ Breakpoint in rounding Length varies Guide rail system See Table ~ 7 of shoulder ~ Direction of traffic PLAN VIEW OF WIDENED EMBANKMENT A GUIDE RAIL SYSTEM EMBANKMENT WIDENING TABLE ~ ` END TREATMENTS OPSD ov o~ oaf an d v 9 0 o Steel Beam Guide Rail: O1 °' o ~ -buried end treatment 912.233 ~ w n w ~ m.S -with eccentric loader 922.430 Widened embankment Pavement Shoulder ~Vories~ Width varies Concrete Sorrier 911 .231 Box Beam 914.230 i Guide rail system TRANSITIONS ' ~~~ ~ , , , See table 6% ~ , Coble to Steel Beam: ' ' ' ~ i , -with eccentric loader 912.382 3% ~~~=7V 10H:1V or flatter -- '~Nr7V -~ - ____ Subgrade Granular subbase ~ \~ek~sti F i and base material ~`~~ e ~bo~ Note 1 ~ _ _ _ ~\b\k~e ~~ent s/ \~e L _ _ ~.*f S/ ape L___L__~_~G ~_____~~ SECTION A-A NOTES: 1 Existing embankment to be benched according to OPSD-208.010. ONTARIO PROVINCIAL STANDARD DRAWING EMBANKMENT WIDENING FOR GUIDE RAIL END TREATMENTS AND TRANSITIONS Nov 2005 IRev ---------- ~~/ S Qcr' OPSD - 202.030 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ i ~ ~ Road subgrade r-{ ~-----------~ --- >~ -_~ ~ ~~ Existing outside edge of rounding, Note 1 Existing subgrade Bench height - >0.3m and <1.Om Outside edge of rounding Existing embankment slope to be ~ stripped before benching = w ~~. Bench width Variable \\ ~~ 0 Note 2 0+ v x NOTES: 1 When the subgrade is below the existing outside edge of rounding, benching shall be carried out below the point where the subgrade intersects the existing slope. 2 Benches are to be excavated one level at a time and the fill placed and compacted before the next bench is excavated. A Benching is not required on existing slopes flatter than 3H:1V. B All dimensions are in metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING BENCHING OF EARTH SLOPES Nov 2008 Rev 2 Ta ---------- ~y s ---------- °'~~-v~ OPSD 208.010 Areo under construction ! ~ti~ !~ ~ ! ~ i ~ O~ !4~ „ y End \i\I, ~ ~ run r•-^ 4 vwv ~tr~,! ^n, ~ l~ Barrier i W ~. ! main run ` zL ~~ ~ ` ~ End run - w. it ar4 Area under protection i~ .. wr~_ ~ a 11 w PERSPECTIVE VIEW ~ ~ Area under construction Direction of flow Silt fence barrier SECTION /.~ Direction of flow ~,, ena n A ~a ~~~ ~l e ~~~ y ~ ~2m 2.3m~ Main run - PLAN A Stake Geotextile c_ E 300mm min E of geotextile E in trench 0 Direction ~ ° of flow `a Trench to be backfilled and compacted Earth surface 0 0 N -I O NOTE: SECTION A-A A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 Rev LIGHT-DUTY - - - - - - SILT FENCE BARRIER ---------- OPSD 21 ~ - Area under protection ~ ~ ~ r• ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ A ~ 19os - ~ I ~ 7TH 1~ 6-23x29mm A slotted `holes ~ 27 ~ 4128 See 1-33 32 ---I 18-- 1905 --I ~ table ~ I I `~ ~ N N i ~~ ~ ~ ~I/ i ~ -I - ~ ~i-- 6 L - 8 Cam- SPLICE BOLT AND NUT 51 SPLICE BOLT LENGTH Location Length mm At posts 32 At structure 36 anchor 3-19x63mm FRONT ELEVATION slotted holes 725 - 565 a ~ ~ N "L ~ ~ i I ~ 41 52--~ 108 108 a H A .x a ~? Cjl - N - ~. M ~ i E o ~ ~ N zl I ~ ~- ~ ~ L A _ _ _ 4-23x29mm slotted holes TERMINAL SECTION N \~ o: i 81 -I 2 83 ENLARGED SECTION A-A Note i Post bolt and nut with washer as directed Splice bolt and nut on assembly drawings OPSD-912.130, r _ 912.140, and 912.141 i i I ______3_ 1 i ~_ ARRANGEMENT AT POST NOTES: Wood Post Shown 1 Thickness of rail to be 2.5mm. A All dimensions subject to manufacturing tolerances unless otherwise indicated. B All dimensions are in millimetres unless otherwise shown. STANDARD DRAWING Nov 2002 Rev 1 „o s?4a., GUIDE RAIL SYSTEM, STEEL BEAM RAIL COMPONENT c --------- ~~Jr~ OPSD - 912.101 ~ a~ ~ ~ ~ ! ~ ~ ~ ~ ~ R=Bmm f---159 1 ~ , OB -.+~ , 06 --j E -Z---- -----I------ E n ~ ~ a N r N N I B-19x29mm 54 A slotted holes SECTION A-A See tobie ~33 32 ~~ r;. ,~ ~' N N } _~ I- 6 ~ -1 B SPLICE BOLT AND NUT SPLICE BOLT LENGTH LOCATION LENGTH mm At posts 32 At structures 64 NOTES: A All dimensions are in millimetres unless otherwise shown. 1905 PLAN a12s i ~~ _ 3-19x63mm slotted holes ELEVATION Splice bolt -. and nut SECTION B-B ONTARIO PROVINCIAL STANDARD DRAWIP GUIDE RAIL SYSTEM, STEEL BEAM CHANNEL COMPONENT 1905 159 - `I ~ 106 -i-- , OB ~=i--~----/ I~r- -- ~ ~ I Varies 318-368mm Swaged PLAN a + I I ----------==j--- ~ Traffic flow ELEVATION OVERLAP DETAIL Nov 2001 Rev 0 ~ I ~u --------------- -- /n/~~2 OPSD - 912.102 h ,. ~1 1 ~, 1 , ~, I j;® ,, 1 ., 1 ., 1 1 ., 1 .; 1 ,, , ® ,, 1 ~' h / a ss ''S ~ ~~ ~ W~ 5 1~5 ~ ss. ~ ;~ ' ~ 1 0 ,.. ~ ~ .. I Note k~4 ,u ' q 1 ~ 1 H ~ li 1 ~ pl i ry 1 i u i i ii Y 0 1~ ,. .. I aoi m 11 / 1 q I ~ e tliQ lu ii ^ i ii i i TyP ,~ 1 p / h 1 1 ~n ~i ~ p I III ~ 11 ~i ~ I ill .~ ,~1 11 1 1 ;+~~ 11 A \ h Qa 1 b of ~~ ^ ~ 1~ 7 p, ®,' ~ ~u ~i 1 qm 2pm ,.. 1~ .. W .. , olem tlio -'~ ;i ~ i~ , ~ J. i .I i i i it i 1 1 P 1 1 i it , 1 ' ~~ ' 1' 1 ' 1~ 1 ' P 1 ' 1~ 1 ' i ~i , 1 1' ~ ' ~i ~ 1 ,~ ROUTED WOODEN OFFSET BLOCK '' ' ,~ ,. ,. ,. ,. ,. ,. ,. ,. ti, ~ 1~ ~ . 1~ 1~ NOTES: ~° t Imperial size steel sections W6x9 and W6x8.5 are acceptable. POST DETAIL A Wooden offset block: size 150x200mm nominal, 145x195mm dressed. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2003 Rev 1 ~o srav GUIDE RAIL SYSTEM, STEEL BEAM _ _ _ _ _ _ _ _ _ _ ~ sP STEEL POST WITH WOODEN OFFSET BLOCK _ _ _ _ _ _ _ _ _ _ ~~~~_,~~ COMPONENT OPSD - 912.104 i 1905 - -r--- 1905 -I POST BOLT 30mm, Typ j I Post Bolt Wosher Steel post, Typ Size and T e ® Nut Offset block, Typ Q 16x250 BH Plate © 16x100 Cab Plate Guide rail PLAN Lap in direction of traffic flow ~ Note 1, Typ N m 1 1 1 t ~7 A tl Traffic flow ~ 1 ELEVATION SIDE VIEW SINGLE RAIL Shoulder ELEVATION SIDE VIEW SINGLE RAIL WITH CHANNEL NOTES: 1 Washer shall not be installed at front face of rail. One bolt located at centre of steel beam guide rail. A This OPSD to be read in conjunction with OPSD 912.101, 912.102, 912.103, and 912.104. B Steel beam guide rail mounting ONTARIO PROVINCIAL STANDARD DRAWIN heights shoo be as specified. GUIDE RAIL SYSTEM C All dimensions are in millimetres , STEEL BEAM unless otherwise shown. STEEL POST WITH OFFSET BLOCK ASSEMBLY INSTALLATION - SINGLE RAIL Nov 2008 IRev OPSD 912.130 F-- 1905 -I- 1905 -I -j 30mm, Typ j f Channel Guide roil PLAN Lap in direction of traffic flow Shoulder ! LI II _ n 1 11 II _ m 1 II o 1 I .. 11 1 ~ n II N 1 P % II 1 a raffic flow 1 1 1 N 1 1 1 ~ II 1 ' ' Steel late 10x130x1084mm~ p 1534 900 475 159 ~ 1559 75 180 130 515 108 10851 1D64 159 A 95130 _ 330 108 108 511 475 ` 108 108 51 o 0 185 51 100 180 ~ 3-32mm dia holes o o ~ ~ ~ ~i ~ ~ _ 0 0 3-32mm dio holes ~ 159-1 Note 2 Ay B 10-19x29mm ed6ho s s t slotted holes e lo t ANCHORAGE BACK-UP RAIL FRONT AND SIDE ELEVATION CHANNEL-FRONT AND SIDE ELEVATION ---- --- - t~~ ~ 1D 3:1 T 1559 Steel beam w --Steel plate 0 410 515 475 159 i~ - - guide rail ~ _M 25 1 BO 130 75 440 A 106 108 51 1 Steel IL channel o e --~ 54 F- Steel bearing plate 15x66x460mm o e SECTION A-A SECTION B-B Note 1 --- - ~ ' e e NOTES: 3-32mm dio holes o 0 1 End sections shall be welded with 2.5mm fillets and standard A guide rail element materials shall be used. z.5 ANCHORAGE FRONT RAIL 2 Channel with swaged end shall be used at structure approach and non swaged end section shall be used at structure exit. FRONT AND SIDE ELEVATION A All welds shall be to low hydrogen classification and shall be I Sx66x460mm ;feel bearing plate 'root rail STEEL BEARING PLATE DETAIL ground smooth. Manual electrodes shall be E7015, E7016, and E7018. B This OPSD to be read in conjunction with OPSD-912.101 and 912.102. C All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2001 Rev 0 sra,y~ GUIDE RAIL SYSTEM, STEEL BEAM _ ° P STRUCTURE CONNECTION _ _ _ _ _ _ _ _ _ -~,,~ts r~ COMPONENT - RAIL AND CHANNEL OPSD - 912.401 Traffic flow F- 1400 135m~~ ~~ 1 LEAVING END Structure connection roil 6-M22x70mm long A325M goly bolts with galy washers Steel plate - Une steel beam element Vertical transition, Note '. Post spacing ±5mm Two steel beam elements 1400 - x475 1.905m standard post spacing --- APPROACH END ELEVATION L Note 2 L Note 3 Embedded plate anchor as per OPSD-3419.100 EMBEDDED ANCHORAGE NEW CONCRETE BARRIER Structure connection rail Bolt-A490M Washer-A490M , BOLT THROUGH ANCHORAGE DETAIL Structure connecti< Steel NOTES: 1 Horizontal and vertical transitions apply to structure approach and leaving end curb and gutter termination. 2 Channel post bolt at offset blocks to be 510mm long. End of bolts to be saw cut, flush with face of nut. 3 When channel is to be discontinued, 0 7.62m termination shall commence at the third beam element joint beyond the end of approach slab. 3-M22-A490M bolts or threaded rod of equivalent strength in 25mm dia holes, drown tight. Bolt length shall include wall thickness plus 75mm 3-1DOx150x20mm thick galvanized washers and 2 lock nuts 2-A490M nuts 3-M22-A490M bolts or threaded rod of equivalent strength in 25mm dia holes, drawn tight. Bolt length shall include wall thickness plus 75mm 4.6mm thick galvanized washers and 2 lock nuts EXISTING CONCRETE BARRIER Typical structure Concrete barrier shown 4 Steel beam guide rail and channel to be field drilled to suit. Coat holes and bolt heads with approved zinc rich paint. A This OPSD to be read in conjunction with OPSD-912.130, 912.140, 912.401, and 912.530. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWIN GUIDE RAIL SYSTEM, STEEL BEAM STRUCTURE CONNECTION Nov 2005 IRev -- i OPSD - 912.430 End of SBGR installation with steel posts.. OPSD 912.130 r Channel when specified Extruder Terminal Note 1 Calculated length of need Traffic flow PLAN Edge of -~ Object marker shoulder when specified 0 15.24m Extruder Termi nal syst em length, Note 3 Flexible Channel termination 7 62m 7.62m reflective SBGR transitions in height . sheeting when Standard steel beam guide rail element Modified steel beam specified guide ro il element i.i . ~ in u ; iw i. i~ iw i. rw -- -- Upper hinge break away Angle Post strut Cable Top of Standard steel Steel yielding terminal posts assembly shoulder SBGR post, Typ O O3 ®O ©O7 and © Lower hinge Note 2 k away ELEVATION posS NOTES: 1 This OPSD shows right shoulder installation. The Extruder Terminal shall be inverted for left shoulder installation. 2 Two nuts and a washer shall be installed and locked tight at each end of the cable assembly. 3 The system length shall be installed in a straight line. Extruder Terminal System Offsets Post 1 2 3 4 5 6 7 8 9 Offset 304 266 226 190 152 114 76 38 0 Offsets measured from the edge to front face of element at each of shoulder post. A The system depicted is proprietary ONTARIO PROVINCIAL STANDARD DRAWING to Trinity Industries Inc. B System configuration meets ENERGY ATTENUATOR, END TREATMENT NCHRP Report 350 TL-3. C All dimensions are in millimetres EXTRUDER TERMINAL SYSTEM unless otherwise shown. WITH STEEL POSTS, INSTALLATION Nov 2007 Rev ---------- I ~ry,~ OPSD 922.532 1 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-6 PERMIT FROM CLOCA ' Oct-OT-2006 Od:36pa From-C10CA :6055700664 ,-147 P.004/005 F-616 1 Genital v j I,QILe ~ntanO Conservation 100 Whiling Avenue Oshawa, Ontario L1 H 373 Tel: (905} 579-04'11 Fax: (905) 579-0994 Web: www.doca.com Email: mailQdoca.com 1 ~' Member of Conservation Ottturio Ocwber 7, 2006 Mr. Dettais Baxter, P.Eng. Tot[ea Sims Bubicki Associates 300 Water Street Whitby, ON L1N 912 Dear Sir: Sn6ieet: Wevt Beach Road BridEe (pZ Sopv Creek (Struc[arc No. 94003), Part Lot 10, Broken Stun[ Concessloa, Mtttridpaliry of Claringron TSH Project Na 12-29732 (X-ReE CLOCA Pevmit No. COA-766-R. iMS: RPRCs32041 ~~ Farther w yotu submission of the above noted project derails sad issuance of a CLOCA pe®i; phase bt advised that Fisheries staff are satisfied that the impacts [o fish habitat tea be telly mitigated, thereby complying with Secuoa 35(1) of the Fisheries des which reads: '7Jo person thaAoarry on any work or uruicrlakiag that results rn tAe hmtnful altemtton, disruption, or desoucnon offrsh kabrtat " The impacts can be tally mitigated by adhering to the plan and conditions set forth in CLOCA's permit as weII as iuco[pomting the following measures: ~' •No in-stream wor13/channrl disembaaces are petmiaed as part of this kttcr of advice. •No vehickslequipmem ro eooer ~e wa[ucourst at any time during consrnrctton •No material stockpiling (ie. sopwiLorganic:) and/or wrtstrucdoa waste k pemtiRed within 30m of else watercourse. Snukpiled ,raasetiale beyond 30 m of else watercourse shall be taclosed with silt lznCmg (may ~Y dawn gradtCat areas) t0 m' imia sediment naasport •No atptIpmem maintenance, refueling or storage of any tlrel or chemical containers is permitted within 100 metres of the tatercoure. • No debris, sediment or any dekrcsious matetisla are pemtitted to enter tha watercourse at any time during the work period. . The applicam and their agents agree to iastatl, maimsia & monitor aq erosion and sedirnant control measures prior to any consmtction, and maintain dtese controls througbont the enrire coasttttction period i~ludiag removes! of these controls following rehabilintion in a manger so es tmt to cause the release of dclcterious materials imo the wataeourse. Pkau ate that this letter of advice don not rekase you from the respoanbr7iry for obtaiaiag soy other permits that may bt requited under federal, provincial, or mmueipaI kgislarion We trust that you lid the shove satisfactory. Should yon have nay fiutha questions, please connct the tmdersigned at your earliest coaveaitace. r•~ . Celebratin8 SO Years Q~'Pro'rectrng Local Watersheds ~~ Oct+OT-2008 04:38pa Frog-CLOCA Yours m:ly, Wr l +BD55T80884 f-14T P.005/005 F-Blfi Warren J. Coulter Environmental Engiaeaing Aualysd Provincial Offences Officer Cc Chris Saaad, Fish Habimr Biologist, DFO Peterborough Jeff McNeice, Natural Heritage Resource Analyst, CLOCA WJG g:tptanningVegatpennlts12W81LQA-WesfBeadiRdBridpet~SOpe~Crk•ClarinBton X-RetCLOCAPertniWCfl&1668_07.10 UB.doe i Ottr07-2009 04:39pa Fros-CLOCA Cenfra! ~QIt~O1lfeRe Contovanon X9055790994 ~-147 P.002/005 F-B16 . ...wry... .... X-Ref. Ft18 #: CO&166-R FOROFFN;EUSEONLY' ;' Oshawa, Ontario LiH 3T3 Phone (9051579.0417 Fax{90$!579.0994 FOR DEVELOPMENt, INTERFERENCE WITH WETLANDS & ALTERATIONS TO SHORELINES & WATERCOURSES 'ION AIITMORRfES AGT-ONTARIO REGIlIAT10N 42Ir1R. UNDER 6.RFG.97/D41 Owner's Name: Mtaridpa0ty of garjngton TekphtNle: 905.8233379 E7d.415 Addrosa: 40 Temperance Sheet Postal Code: L1 C 3A6 BowlnarrvNle, ON Appllcutt's Name: Totten Sims Hubicki Telephone: 905.688-9383 Address: 300 WaterSlreet,Whilby,ON Post~Code: L1N9J2 LocatioNAddross where Dawlopmem, Irrtarference with Wetlands b ANeraRona b Shorelines and Wabrcgwsea b preposW (provide Roglebnd Plan and tot number. a known): West ~~ Road bridge tgpudure No. 91003) wa Soper Gedc (0.35 km vaest of PoA Derfmgton Road)• Lot: 10 Conces9ion: B.F.C. Munidpality: Cladnglon WatershW: Farewell Cnaek DescAptlon of Works: Installation of new guiderails on approaches, replacemem of concrete sidewalk & curb 3 replacement of handrails with new concrete end R steel box beam handra9. Type of FIII: WA 'APPLICATION MUST BE ACCOMPANIm BY COPIES OF AILED PLANS FOR THE PROPOSED WORKS GENERAL CONOITN)NS SEE REVERSE '- A!I va)rlm p~l>• endernken.M aabrdance with epptltation b ptmn wbmitled DyTSH (Project No. 12-29732. pravAng Ne. td~-0aed Jlr» 2008). ).. No hi-sbeani woriWdlrarorN tRaksbanuc are permitted ac part of thk apprmpl ~. Nd vet4dalequpmemto ceder the weteroause at arq tlme du4ng'mnstiuctiorr. ~. - ~ ... ) ~ .No matwiitarorkPltllg,{I..e:; tdpsdya)lerics) arblor mrutntcEon waste is pennided vAddn 30m d the waWmyres. Stod:p9sd matifiak GyoM ~' • 30 m uftlre wateroows6 sMtlba eirdocsd wr>h sM feranB (aiP~lly.x'y dowi 9radroirt xqc) b muimizi'stadnent tnnspan. ~, ~ :: ::S ~ ~ ~. No' eQUiprnard matmenence,:rehretrrg'or,storaga of any fuel or ohemkal wmatners b Perrniped wriptlrf 100 manes of rise watercourse; . D ..' . No:debrfere'sdklient a any.4elets4oug mate4ab ere parmked m, crises the watercourse at arty tliiie diikp to irnrk petbd.. . ' _)--'` ltrs eppFcaiileiid ~eeir>Uiaewn tru~c0o&n momlor all"eiosion ard~aeaimant oontrd ma0m+res liriw id anywmhuc5ori, end. . '~;'maimein Rrese wnbds period inctud'ing removal ditrese senwb blloWnB.iidrabdiudon of the sites. .. Dabs when work is to M carried out Stag Dab: __.wN. 2009 ComplNion Dace: October, 2009 1 Delves Baxrer, P.E 4etlare Prat rise above kdarmatlan is overact b rise best of my kriaNetl9e, and I spree m abkle try pre mnditiorre this permR as ktdieated strove and on the revvrsa made b)'the Centel Lake Ontario Conservation Authority, ands the Conservation Autllo4tlec Act RS.O. 1990. 1 w4arsmnd put I may appeal eery or en of die stated corrdiporta orb the appeal recoNed Drior m pre kWteance of tl11e DerrriR TNs approval applks oMy b prose lands strown on the acmrtrparryirrp plan wfridr arc owned by pre a m dose for which helche b an authorized agem. q r Date: 0.~ ~ 11 2e °v 9ignstwe• Autlarimd AppliprWA9eM _. Appllcatbn APM,oJad:' ~ - s, r :.. . . `~ ~4~. Dab ~~ ~ Ociober.7, 2tM9 ~ ~ ~ ~ ~ ~ ~ ~ S,pnadrr~: t r . - r ~ !!nforunierR Ollkar :WARREN f:O1lLT6t .. . ( ~ _ NOTE ~ All appllcatlons to the Faderal.Depatmeant of Flallerbe and Oceans for sutherlratlon tar werka o<underaldnpe aReainp fleh t sMll be heed b Ire naervetion far esai 'FOR OFFICE VSE ONLY' Applintien ie haaby made, m (check appropriate bom): ~ . ^ ~~Sllado0, Ppx: Dump or Reriiova Flt .... ~ PLce. q Remove FB n :. ~ - ~ ~ ~ ~ ~ ? ` ~ :. - ~ . ~ ~..: 0iarp flsl~i?1ak; ,~:~I~;ferfa!anc.rMlhwe r ~:=:~ .. . ... ~; ^_.. QX AMr,, Addto ReOanMKf.B~ltluNdfn9... ~. '~ DevebmrentiaiMin y)~i jtand ~Alkradonm •. ,~. r~•-~~_ .. , I~~nali. Phoe. CenetnietaNewlljapa~. '^•~enEmtirq Wabrtouss ,.. ~. ..__._ .... ._ l Oct-07d00B 04:30pr FrarCLOCA +8055790BB4 ~-I47 P.003/005 F-B16 NOTE: The information on this form is being collected, and cad! be used for the purpose of admrustering a regulation made pursuant to Section 2~ Conservation 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 ~ br part, to other persons in accordance with the Muniapal Fn~dom of Information and Protection of PrlvacyAd, 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 seamng arty other necessary approvals. 2. Authorized representatives of the Central Lake Ontario Conservation Authority may at any tune enter onto the lands which are described herein in order to make arty sun~eys, 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 farms of this pemtit 3. The owner and applicant agree: to indemnify and save harmless 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 ar any of his agents, empbyees or contractors relating to any of the parScular:, terms or condiionu of this Permit: • that this permit shall not release the applicant from any legal liability or obligation and remains in force subject to all limitations, requirements and C~abilities imposed by law; and, • that aq complaints arising from the execution of the works authorized under this permit shall be reported immediately by the applicant to the Cerrtral Lake Ontario Conservation Authority. The applicant shah indicate arty action which has been taken, or is planned to be taken, if arty, with regard to each complaint. 4. This permit is rtot assignable. 5. The owner and applicant agree that should the works be tarried out contrary to the terms of this pertnft, the Central Lake Ontario Conservation Authority may enter an to the property and cause the terms to be satisfied, at the expense of the owner. 6. 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 sedimentation controls as directed by Authority staff, until all disturbed areas have been stabilized. 8. All disturbed areas shaA be seeded, sodded, or stabilzed in some other manner acceptable to the Authority as soon as possble, 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 adjacent private lands. g:~pianningkeGSlpetmits120oaVCAa•166~R-Rehabilital~WesfBeachFtd-BndpeQSoperCrk-Clarirgton-07-10-0e.doe OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-6 GENERAL CONDITIONS OF CONTRACT (November 2006) ONTARIO PROVINCIAL STANDARDS FOR AND PUBLIC WORKS /~`p srq NO\ 9 ~ O P N ~ Q G S G tic`pq - RO~`~ LP CONDITIONS OF CONTRACT (November 2006) ~' F 5't O ~,p, Ontario Provinci Standards ~CY.7~"?. for ~, s wp Roads and Pubic Works ~; . ~J, METRIC OPSS.MUNi goo November 2006 OPS SECTION GC 1.0 -INTERPRET/ GC 1.01 Captions GC 1.02 Abbrevia L CONDITIONS OF CONTRACT Table of Contents GC 1.03 Gender al~d Singular References GC 1.04 Definitior GC 1.05 Substant GC 1.06 Compleii GC 1.07 Final Acc GC 1.08 Interoret~ Perfonnance .................................................................. of Certain SECTION GC 2.0 -CONTRACT UMENTS GC 2.01 Reliance Contract Documents GC 2.02 Order of cedence .................... SECTION GC 3.0 - GC 3.01 GC 3.02 GC 3.03 GC 3.04 GC 3.05 GC 3.06 GC 3.07 GC 3.08 GC 3.09 Page 1 AINISTRATION OF THE CONTRACT ....... 6 ....... 6 ......11 ......11 ......11 ....11 12 12 Contract inistrator's AuMoriry ................................................_......;_... .........14 Working rawings ........................_............................................................. .........15 Right of a Contract Administrator to Modify Methods and Equipment ..... .........16 Emergen ySituations ................................................................................. .........16 Layout .... .................................................................................................... .........16 Extension of Contract Time....._ ................................:................................. .........16 Delays ... ..............................................................................................::.... ......... 17 Assign t of Contract ............................................................................... .........17 Subcont ling by the Contractor ............................................................... .........18 Rev. lYete: ii12g06 OPSS.MUN1100 GC 3.10 Changes .................................................................................................... ...........18 GC 3.10.01 Changes in the Work : ............................................................................... ...........18 ' GC 3.10.02 Extra Work ................................................................................................ ...........19 I GC 3.10.03 Additional Work ......................................................................................... ...........19 GC 3.11 Notices ...................................................................................................... ...........19 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .......... ..........19 GC 3.13 Claims. Negotiations. Mediation ......................................................:_....... ........-.20 GC 3.13.01 Continuance of the Wwk ....................................._..................._.............. ........... 20 f 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 .....................:........---.............-................_............. ~ ....._ 29 GC 3.14 Arbitration .........................................................._....................................... .......... 21 GC 3.14.01 Conditions for Arbitra0on .......................................................................... ........... 21 GC 3.14.02 Arbitration Procedure ............................................................................:.... .......... 22 GC 3.14.03 Appointment of Arbitratw ........................................................................... .......... 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 RESPONSIBItfTIES AND RIGHTS GC 4.01 Working Area ...........° ..........................._....................... ......................................24 GC 4.02 Approvals and Pennits ................................................... ...........................:..........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 GC 4.06 Contractor's Right to Correct a Defauft .......................... ....................................:. 25 j Page 2 Rev. Date: 712006 OPSS.MUNI 100 ,.,.-~ GC 4.07 Owners? fight [o Correct a Default .................................................. .................... 26 GC 4.08 Termina on of Contractor's Right to Continue the Work ................. ....................26 GC 4.09 Final Pa ment to Contractor ............................................................ .................... 26 GC 4.10 Termina n of the Contract ................... ................_..........._......... .................... 26 GC 4.11 Con6nu ion of Contractors Obtigalions ......................................... ..............._... 27 GC 4.12 .Use of P rformance Bond ......................................................_........ .................... 27 GC 4.13 Paymenb djustment ...................._.................................................. .................... 27 SECTION GC 5.0 -MATERIAL ` GC 5.01 Supply o Material ............................................................................ .................... 28 GC 5.02 Quality o Material ............................................................................. ...................28 GC 5.03 Rejected... ateriat .................._.................................... -................... ...................28 GC 5.04 Substituf' s ............ ...__......................._....................................... ...................29 GC 5.05 Owner PPlied Material .......................:...._..................................... ...._.............29 GC 5.05.01 Ordering f F~ccess Material .............................................................. ................... 29 GC 5.05.02 Care of terial ................_.._................................. ..._._:.............. ................._ 29 SECTION GC 6.0 -INSURANCE,; PROTECTION AND DAMAGE GC 6.01 Protectio of Work. Persons. and Property ...................................... ................... 31 GC 6.02 Indemnifi' tion----- .............._.......................................................... ...................31 GC 6.03 Contract s Insurance ...................................................................... .......:...........32 GC 6.03.01 General .. ........................................................................................... ......:........... 32 GC 6.03.02 General ability Insurance ................................................................ .................. 32 GC 6.03.03 Automobi Liability Insurance ........................................................... ..................33 GC 6.03.04 Aircraft Watercraft Liability Insurance ......................................... ..................33 GC 6.03.04.01 Aircraft Li bility Insurance .................................................................. .................. 33 GC 6.03.04.02 Watercra Liability Insurance .........................................:................... .................. 33 GC 6.03.05 Property d Boiler Insurance ...:................................__....:.............. .......::._......33 GC 6.03.05.01 Property I stuance ............................................................................. ..................33 GC 6.03.05.02 Boiler Ins rance ................................................................................. .................. 34 GC 6.03.05.03 Use and upancy of the Work Prior to Completion ....................... .................. 34 GC 6.03.05.04 Payment Loss or Darnage ...............:............................................ .................. 34 Page 3 Rev. Date: 11/2006 OPSS.MUNI 100 r GC 6.03.06 Contractor's Equipment Insurance .................................................................... ... 35 GC 6.03.07 Insurance Requirements and Duration ......................:...................................... ... 35 GC 6.04 Bonding ............................................................................................................. ...35 GC 6.05 Workplace Safety and Insurance Board ........................................................... ...36 SECTK)N GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General ............................................................................................................. .....37 GC 7.02 Layout ............................................................................................................... .....39 GC 7.03 Working Area .................................................................................................... .:...39 GC 7.04 Damage by Vehices or Other Equipment ...............................°-°-................... .....40 GC 7.05 Excess Loading of Motor Vehicles :................................................................... .....40 GC 7.06 Condition of the Working Area .......................................................................... .....40 GC 7.07 Maintaining Roadways and Detours ................................................................. .....40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Ulility Services .. .....41 GC 7.09 Approvals and Pennits ..................................................................................... ......41 GC 7.10 Suspension of Work ......................................................................................... ......42 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract ..................... ..:...42 GC 7.12 Notices by the Contractor ................................................................................ ......42 GC 7.13 Obstructions ..................................................................................................... ......43 GC 7.14 Limitations of Operations ................................................................................. ......43 GC 7.15 Cleaning Up Before Acceptance ...................................................................... ......43 GC 7.16 Warranty .......................................................................................x.................. ......43 GC 7.17 Contractor's Workers ....................................................................................... ......44 GC 7.18 Drainage ........................................................................................................... ......44 SECTK)N CaC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement ................................................................:.................................. ....45 GC 8.01.01 Quantities ..................................•----.................................................................. ....45 GC 8.01.02 Variations in Tender Quantities .............°°--....................................................: ....45 Page 4 Rev. Date: 1112006 OPSS.MUNI 100 GC 8.02 Paymenf .........................................._............:...........---..................................... ...46 GC 8.02.01 Price for; ork .._......._ ................................._............................_..................... ...46 GC 8.02.02 Advance; Payments for Ma[erial ....:................_.............._.........._..................... ...46 GC 8.02.03 Certifica and Payment.._ ....:.........._..............................._.......................... .. 47 GC 8.02.03.01 Progress Payment Certificate ......................_.............................................:..... . ...47 GC 8.02.03.02 Certificate n of Subcontract Completion .........._.......... .................................. 47 GC 8.02.03.03 Subcon . ... Statutory Holdback Release Certficate and Payment .....:....._..... -- . ..47 GC 8.02.03.04 Certificati n of Substantial Performance ........................................................... .. 48 GC 8.02.03.05 Substanq I Performance Payment and Substantial Performance Statutory Hddbact! Release Payment Certificates ........................................................... .. 48 GC 8.02.03.06 Certlfica ' n of Completiorr......._............_._ ..................................................... 49 GC 8.02.03.07 Comple '' .. Payment and Completion Statutory Holdback Release .. Payment:; ertficates....._ ............................_............._................_.................... . 49 GC 8.02.03.08 Interest .: ..............................:............................................................................. . 50 GC 8.02.03.09 Interest f - r Laie PaymenL ........................................_................:.................. . .. 50 GC 8.02.03.10 Interest f . .. Negotiafions and Claims ........................................................... . .. 51 GC 8.02.03.11 Owner's . ..... et-Off .................................................................................................. .. . 51 GC 8.02.03.12 Delay in ayment ...................................__...................- --- - . ai GC 8.02.04 Payment GC 8.02.04.01 Definitior GC 8.02.04.02 Daily Wo GC 8.02.04.03 Payment GC 8.02.04.04 Payment GC 8.02.04.05 Payment GC 8.02.04.06 Payment GC 8.02.04.06.01 Working GC 8.02.04.06.02 Standby' GC 8A2.04.07 Payment GC 8.02.04.08 Payment GC 8.02.04.09 Submissi GC 8.02.04.10 Payment GC 8.02.04.11 Payment a Time and Material Basis ............. 51 ............... 51 ............... 52 ............... 53 _.........._.53 ............... 53 ............... 53 .._........... 53 ............... 53 ............... 54 ............... 54 ..............: 54 ......:...... 55 .............. 55 Records ........................................ r Work ........................................... r Labour ........................................ r Material ....................................... r Equipment ........:.................._..... ne ...... --............ _ ................ Hand Tools .................................. Work by Subcontractors ................ of Invoices ...................................... her Than on a Time and Material B. GC 8.02.05. Final Acc~tance CerOfrcete _.. GC 8.02.06 Payment f Workers ................ GC 8.02.07 Records GC 8.02.08 Taxes GC 8.02.09 Page 5 .................. 55 ................. 55 .............. 55 56 .................................................... 56 Rev: Date: 11/2806 OPSS.MUNI 100 GC 1.0 -INTERPRETATION GC 1.01 01 The captions appearing in th se General Conditions have been inserted as a matter of convenience and for ease of reference o and in no way define, limit, or enlarge the scope or meaning of the General Conditions or any vision hereof. GC 1.02 .01 .The abbreviations on the lets below are commonly found in the Contract Documents and represent the organizations and phrase listed on Me right: "AASHTO" - American Assa "ACI° - American Conc "ANSI' - American Natio "ASTM" - American Socie "AWG" - American Wire 'AWWA" - American Wate "CCIL" - Canadian Coun "CESA" - Canadian Enga "CGSB" - Canadian Gene "CSA' - Canadian Stan< "CWB" - Canadian Weld "GC" - General Conditi "ISO" - International Or "MOE" - Ontario Ministry "MTO" - Ontario Ministry "MUTCD" - Manual of Unite "OPS" - Ontario Provinc "OPSD" - Ontario Provinc "OPSS" - Ontario Provinc "OTM" - Ontario Traffic I "PEO" - PmfessionaFEr "SAE" - Society of Auta "SCC" - Standards Cotn "SSPC" - Structural Steel "UL" - Underwriters t.~ "ULC" - Underwriters Ls GC 1.03 Gender .01 References to the masculine include the feminine and the GC 1.04 Definitl .01 For the purposes of this Cc Actual Measurement means I Work. Addendum means an addition closing. Page 6 lion of State Highway Transportation Officials e Institute I Standards Institute for Testing and Materials Works Association 0 of Independent Laboratories :eying Standards Association al Standards Board arils Assoaation Ig Bureau Ionization for Standardization of the Environment of Transportation m Traffic Contrd Devices (Replaced by OTM) al Standard al Standard Drawing al Standard Specification eers Ontario ive Engineers of Canada intino Council Canada Singular References singular throughout the Contract Documents shall be considered to al and vice versa, as the context requires. the following definitions apply: field measurement of that quantity within the approued limits of the change in the tender documents issued by the Owner prior to tender Rev. Gate: 11@006 OPSS.MUNI 100 Additional Work means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory completon of the Contract within its intended scope. i 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 speafied type and thickness placed immediately below tiie pavement ~` wearing surface layers, curb and gutter, or sidewalk. Business Day means any Day except Saturdays, Sundays, and statutory holidays.. Certificate of Subcorract t:ompletion means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Extra Work be performed. Change in the Work means the deletion, extension, inorease, decrease, w alteration of lines; grades; ~~ dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurtace, surtace, or other conditions; changes in the character of the Work to be done; w materials of the Work or part thereof, within The intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time aUaved for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. Constructor means for the purposes of and within the meankt of the Occ ti l H lth d S f t , , g upa ona ea an a e y Act, R.S.O. 1990, c.0.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract means the undertaking by the Owner and the Contractor to pertorm their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership, w corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Corditions of Contract, Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings w Contract Plans mean drawings w plans, any Geotechnical Report, any Subsurhace Report, and any other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, and cross-sections. Contract Time means the time stipulated in the Contract Documents for Substantial Pertormance of the Work, ktcluding any extension of Contract Time made pursuant to the Contrail Documents. Page ~ Rev. Date: 11r200(i OPSS.MUNI 700 Contractor means the person, artnership, or corporation undertaking the Work as identified in the Agreement Controlling Operation means a component of the Work that, if delayed, may delay the completion of the Work. Cast Plus has the same meaningy~s "T"une and Material." Cut-0ff Date means the date up tt~ which payment shall be made for work performed Daily Work Records mean daily Records detailing the number and categories of workers and hours worked or on standby, types and uantities of Equipment and number of hours n use or on standby, and description and quantities of Mate I utilized. Day means a calendar day. Drawings or Plans mean any Co tract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of tiro' ings or plans pertaining to the Work. End Result Specification me s specifications that require the Contractor to be responsible for supplying a product or part of the ork. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate ith the degree of compliance with the specification. Equipment means all machiner the Work and. normally referred tc Estimate means a calculation of Extra Work means work not pn Administrator to be essential to including unanticipated work regl Final Acceptance Certificate Acceptance of the Work. Final Detailed Statement mea the quantities, unit prices, and including variations in tender ..monthly estimates Force Account has the same me Geotechnical Report means a conditions in the area of any prop. Grade means the required elevati Hand Tools means toils that ar power tools. Highway means a common and public for the passage of vehicles Lot means a specific quantity o~ source and produced by the same Page S id equipment used for preparing, fabricating, conveying or erecting construction machinery and equipment. quantity or cost of the Work or part of it depending on the context. ed for in the Contract as awarded but considered by the Contract satisfactory completion of the Contract within its intended scope, to comply with legislation and regulations that affect the Work. the ~cate issued by the Contract Administrator at Final complete evaluation prepared by the Contract Administrator showing ddlar arnoexlTs of all items of work completed under the Contract, and Extra Work, all as set out in the same general form as the as "Time and Material." in or otlter information identifying soil, rode, and ground water Work. of that part of the Work. commonly called tools or implements of the trade and include small is highway any part of that is intended for or used by the general includes the area between the lateral property lines thereof. material or a spedfic anwunt of construction normally from a single Rev. Dale: 11!2006 OPSS.MUNI 100 Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $1f)D,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 incudes, 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 corxxete, or plant or road mixed mulch. Performance Bond means the type of security famished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project means the construction of the Work as contemplated by this Contract Quantity Sheet means a list of the quantities of Work to be done. Quarried Rock means material removed from an open excavation made in a solid mass of rock that, prior to removal, was integral with the parent mass. Quarry means a place where Aggregate has been or is being removed from an open excavation made in a slid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to removal, was integral with the parent areas. Rate of Interest means the rate of interest as determined under the Financial Administretion Act by the Minister of Finance of Ontario and issued by, and available from, the Owner. Records mean-any books, payrdls, accounts, or other information that relate to the Work or any Change in the Work or claims arising therefrom. Roadway mearrs that part of the Hghway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions mean direGions contair~ng requirertrents speafic to the Work. Standard Drawing or Standazd Specification means a standard practice required and stipulated by the Owner for performance of the Work. Subbase means a layer of material of specified type and thickness between the Subgrade and the Base. Page 9 Rev. Dare: 1112006 OPSS.MUNI 100 Subcontractor means a person, Work by virtue of an agreement wi Subgrade means the earth or ra sWcture, consisting of Base, Subl Subsurface Report means a reps adjacent sWCtures, and physical ~ Superintendent means the Cony Surety means the person, partnr transact business under the lnsur by the Contractor. Tender means an offer in writing 1 complete the Work. Time and Material means costs Material Basis. Where "Cost Plus rrtnership or corporation undertaking the exewtian of a part of the the Contractor. surface, whether in cu[ or fill, as prepared to support the pavement >e, and Pavement or other information identifying the location of Utilities, concealed and :tractions that fall within the influence of the Work. authorized representative in responsible charge of the Work. or corporation, other than the Contractor, licensed in Ontario to Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided the Contractor, submitted in the format prescribed by the Owner, to dated according to clause GC 8.02.04, Payment on a Time and "Force AcrwunP are used they shall have the same meaning. Utility means an aboveground or nderground facility maintained by a municipality, public utiNty authority or regulated authority and inGude' services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telepho e, and cable television. Warranty Period means the p of 12 months from the date of Substantial Performance or such longer period as may be specifi rn the Contract Documents for certain Materials or some or all of the Work. Where a date of SubstanG Performance is not established, the Warcanty Period shah commence on the date of Completion. Work means the total construction~and related services required by the Contrail Documents. Working Area means all the land$ and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day, . a) except Saturdays, Sundays a statutory holidays; b) except a Day as determined y the Contrail Administrator, on which the Contractor is prevented by inclement weather or condiG s resulting irrrnediatety therefrom, from proceeding with a ConfroNing Operation. For the purposes ; f this definition, this shall be a Day during which the Contractor cannot proceed with at leas[ 60% the normal labour and Equipment force effectively engaged on the Gontrolling Operation for at le st 5 hours; c) except a Day on which the C ntractor iaprevented from proceeding with a Controlling Operation, as determined by the Contract ministrator by reason of, i. any breach of the Contr t by the Owner or if such prevention is due to the Owner, another contractor hired by the er, a an employee of any one of them, or by arryone else acting on behalf of the Owner. ii. non-0eGvery of Owners lied Materials. iii. any cause beyond the r sonable control of the Contractor that can be substantiated by the Contractor to the satisfacti of the Contract Administrator. Faye to ~ Re,.. Dare= tirmos oPSS.n+uro t~ Working Drawings or Working Plans means any Drawirys or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, inGude fomnvork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. GC 1.05 Substantial Performance .Ot The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended; and bj when the Work to be performed under the Contract is capable of completion or, where there is a known defect, the cost of corection, is not more than i. 3% of the first $500,000 of the ConfraG price, ii. 2% of the next $500,000 of the Contract price, and iii. 1 % of the balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. GC 1.t16 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last suppled to the Work when the price of completion, coection of a known defect, or last supply is not more than the lesser of, a) 79'0 of the Contract price; or b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words .Ot The words "acceptable," "approval," "authorized," "considered necessary" "directed," "required," "satisfactory," or words of like import, shal 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 71 Rev. Date: 1712006 OPSS.MUNI 100 GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliance qrn Contract Documents .01 The Owner warrants that that information funushed in the Contract Documents can be relied. upon with the folowing limitations d exceptions: a) The location of all mainli~le underground Utilities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3 m vertical 02 The Owner does not warrant ¢rr make any representation with respect to: a) interpretations of data or plrnons expressed in any Subsurface Report available for the perusal of the Contractor, wheth ' or not such report is included as part of the Contract Documents, and b) other information specific GC 2.02 Order of .01 In the event of any documents shall take a) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Standard Specifications f) Standard Drawings g) instructions to Tenderers h) Tender i) Supplemental General j) General Conditions k) Working Drawings Later dates shall govern .02 In the event of any conflict following rules shall apply: a) Dimensions shown in scaled from the same i excluded from this warranty. :y or conflict in the contents of the following documents, such and govem in the folowing descending order. each of the above categories of documents. a inconsistency in the information shown on Drawings, the on a Drawing shalt govem where they differ from dimensions b) Drawings of larger scale Shall govem over those of smaller scale; Page 12 Rev. Date: t1f200fi OPSS.MUNI 100 c) Detailed Drawings shaA 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 convict in the contents of Standard Specifications the following descending order of precedence shall govern: a) Owner's Standard Speafications b) Ontario Provinaal Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provinaal Standard Specifcations .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Page 13 Ftev. Date: 11/2006 OPSS.MUNI 100 P SECTION [~ 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01 Contract dministrator's Authority .Ot The Contract Administrator hall be the Owner's representative during construcfion and until the issuance of the Completion rtifirate or the issuance of the Final Acceptance Certificate, whichever is later. All insWctions to Contractor, inGtxfing insWCtions from the Owner, shall be issued by the Contract Administrator. . he Contrail Administrator shall have the authority to act on behalf of the Owner only to the extent' rovided in the Contrail Documents. .02 All Gains, disputes and oth matters in question relating to the performance and the quality of the Work or Ote interpretation of a Contract Documents shall be refered to the Contract Administrator in writing by the Contractor .03 The Contract Administrator ay inspect the Work for its conformity with the Plans and Standard Specifications, and to record'.- a necessary data to establish payment quantities under the schedule of tender quantities and unit rites or [o make an assessment of the value of the work completed in the case of a lump sum pricce ontrail. .04 The Contract Administrator - all 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 B.Q Measurement and Payment. .OS The Gontact Administrator hall, with reasonable promptness, review and take appropriate action upon the Contractor's su 'ssions such as shop drawings, product data, and samples in accordance with the Contrac Documents: .06 The Contract Administral all investigate all allegations of a Change in the Work made by the Contractor and issue. appr ate instructions. .07 The Contract Administrator hatl prepare Change Directives and Change Orders for the Owner's approval. .08 Upon written application by Contractor, the Contract Administrator and the Contractor shah jointty 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 troth. .09 The. Contract Administratorall be, in the first instance, the interpreter of the Contract Documents and the judge of the pert once thereunder by both parties to [he Contract. Interpretations and deasions of the Contract A inistrator shah be consistent with the intent of the Contract Documents and, in making these decisi s, the Contract Admirtistrator shaA not show partiality to either party. 10 The Contract Administrator all have the authority to reject part of the Work or Material that does not coMortn to the Contract ocuments. 11 In the event that the Con t Administrator determines that any part of the Work perforated by the Contractor is defective, wh r the result of poor workmanship; the use of defective material; or damage through carelessn ss or other act or omission of the Contractor and whether or not incorporated in the Work; otherwise fails to conform to the Contrail Documents, then the -Contractor shall if directed y the Contract Administrator promptly remove the Wok and replace, make good, or re-execute th Work at no additional cost to the Owner. 12 Any part of the Work destro~ed or damaged by such removals, replacements, or re-executions shall be made good, promptly, at o addifional cost to the Owner. Page 74 Rev. Date: N2006 OP3S.MUNI 100 .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called fa by the Contract Documents, the amount that will t>e determined in the first instance by the Contrail Administrator. .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work a Material shall not constitute acceptance of defective work a Material. .15 The Contract Administrator shall have the authority do temporarily suspend the Work for such reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's consWCfion layout; b) to facilitate the inspection of any portion of the Work; a c) for the Contractor to remedy non-compliance in the case of such non-compliance with the ~. provisions of the Contract by the Contrails. The Contractor shall not lie entitled to arty compensation for suspension of the Work in these circumstances. 16 The Owner has the right to terminate the Contract fa wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safely Act legislation and regulations, Workplace Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. 17 If the Contrail Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act, a is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contract Administrator. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of Beady identified and dated Working Drawings as called for by the Contrail Documents. .02 The Contractor shall submit Working Drawings to the Contrail Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contrail Administrator so requests, they shah jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notity the Contrail Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The Contrail Administrator shall review and return Working Drawings in aceordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contrail Administrator's review shaA be to check for conformity to the design concept and for general arrangement ally and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contrail Documents, unless a deviation on the Waking Drawings has been approved in writing by the Contract Administrator. Page 15 Rev. Date: i 1121x16 OPSS.MUNI 100 .05 The Contractor shall make require to make the Workini otherwise directed by the C Contract Administrator in Administrator. .06 Work related to the Wo signed and dated by the to construct granted " .07 The Contractor shall keep aE all times. GC 3.03 .Right of .01 The Contractor shall, when i force at arty time the Cont damaging to either the Work .02 The Contractor shall, when so as to avdd interference .03 Nolwithstarxiing the protection are maint GC 3.04 changes in Working Drawings that the Contract Administrator may swings consistent with the Conbact Documents and resubmit, unless ict Administrator. When resubmitting, the Contractor shall notify the ig of any revisions other than those requested by the Contract Drawings shall not proceed until the Working Drawings have been act Administrator and marked with the wards 'Reviewed. Permission. set of the reviewed Working Drawings, marked as above, at the site Contract Administrator to Modify Methods and Equipment ,rested in writing, make alterations in the method, Equipment,. or work [ Administrator considers the Contractor's actions to be unsafe, w existing faalities or the environment uested in writing, alter the sequence of its operations on the Contract work being performed by others. the Contractor shah ensure that all necessary safety precautions and ghoul the Work. Situations .01 The Contract Administrator as the rght to determine the existence of an emergency situation and, when such an emergency si nation is deemed to exist, the Contract Administrator may. instruct the Contractor to take action to emedy the situation. If the Contractor does not take Umely action or, if the Contractor is not availab ,the Contract Administrator may direct others to remedy the situation. .02 . If the emergency situation s the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the mergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work. GC 3.05 Layout .Ot The Contract Administrator shall provide baseline and benchmark information for the general location, algnment, and el vation of the Work. The Owner shall be responsible only for the corectness of the informati provided by the Contract Administrator. GC 3.06 Extension of Contract Time Ot An application for an exten of Contract Time shall be made in writing by the Contractor to the Contract Administrator as as the need for such extension becomes evident and at least 15 Days prior to the expiration f the Contract Time. The application fonan extension of Contract Time shall enumerate the reasons and state the length of extension required. .02 Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays, subsection GC b) Charges in the Work, cruse GC 3.10.01. c) Extra Work, clause GC'~.t0.02. woe is txav. Oara: tvzooe oPSS:MUnrt too '` d) Additional Work, clause GC 3.10.03. .03 The Contract Administrator shall, in considering an applicetion for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. .04 The Contract Time shah be extended for such additiatal time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .Ot If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; c) a stop work order issued by a court or public authority, provided Mat such order was not issued as Me result of an act or omission of Me Contractor or anyone employed or engaged by Me Contractor directly or indirectly; d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or f) archaedogicel finds in accordance with subsection GC 3.15, Archaeological Finds, S Men the Contractor shall be reimbursed by Me Owner for reasonable costs incurred by the Contractor as Me result of such delay, provided Mat in the rase of an application for an extension of Contract Time due to abnormal incement weather, Me Contractor shall, wiM Me Contractor's application, submit evidence from Environment Canada in support of such application. Extension of Contract Time may be granted in accordance wiM subsection GC 3.06, Extension of Contract Time. .02 If Me Work is delayed by labour disputes, strikes or kxicouts, including lock-outs decreed or recommended to its members by a recognized contractor's assoaation, of which the Contractor is a mertrber or to which the Contractor is otherwise bound, are beyond the Contractor's rontrd, which then the Contract Time shall be extended in accordance wiM subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be less than Me time bst as Me result of the event causing Me delay, unless a shorter extension is agreed to by Me Contractor. The Contracts shall not be entitled to payment for costs incurred as the result of such delays unless such delays are Me result of actions by the Owner. 03 The Cantrador shall :not be entited to payment for Me cost of delays incured as a result of a dispute between the Contractor and Owner. The Contractor shall execute Me Work and may pursue resolution of the dispute in accordance wiM subsection GC 3.13, Claims, Negotiations, Mediations. GC 3.08 Assignment of CoMrad .Ot The Contractor shall not assign the Contract, either in whole or in part, without Me prior written consent of the Owner. Page 17 Rev. Date: 1112006 OPSS.MUNI 100 GC 3.09 Subconf acting by the Contractor .Ot The Contractor may subcont ct any part of the Work, subject to these General Conditions and any limitations specfed in the -tract Dowments. .02 The Contractor shall notify a Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to ontract Such notification shall identify the part of the Work, and the Subcontractor with whom if i intended. 03 The Contract Administrator hall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor T e rejection shall be in writing and shall indude the reasons for the rejection. ~ .04 The Contractor shall not, been engaged in accords .OS The Contractor shall prest that part of the Work to be a) enter into agreements accordartce with the C b) be as (uNy responsible and of persons directly directly employed by the 06 The Owner's consent to Contractor from any oblige Nothing contained in the Subcontractor and the ON GC 3.10 GC 3.10.01 wt the written consent of the Owner, change a Subcontractor who has Nith 1hIS SubSeChOn. and protect the rights of the parties under the Contract with respect to formed under subcontract and shall, i the intended Subcontractors to require them to perform theirwork in act Docun~nts; and the Owner for acts and omissions of the Contractor's Subcontractors r indirectly employed by them as for acts and omissions of persons ontracting by the Contractor shall not be construed to relieve the under the Contract and shall not impose any liability upon the Owner. tract Documents shall create a contractual relationship between a the Work .01 The Owner, or the Contract; Administrator where so authorized, may, by order in writing, make a Change in the Work with invalidating the Contract. The ContraGar shall not be required to proceed with a Change in Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change rder or Change Directive the Contractor shah proceed with the Change in the Work: .02 The Contractor may apply f r an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Cont Time. .03 If the Change in the Work tales solely to quantities, payment for that part of the Work shall be made according to the condi s specified in Gause GC 8.01.02, Variations in Tender Quantities. If the Change ~ the Work doe not solely relate to quantities, then either the Owner or the Contractor may initiate negotiations up ards or downwards for the adjustmenfof the Contract price in respect of the Change in the Workpursuant to subsection GC 3.13, Claims, Negotiations, Mediation or payment may be made a ing to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. Page 18 Rev. Date: 1112006 UPSS:MUNI tOg GC 3.10.02 F~rtra Work .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. 02 The Contractor may apply for an extension of Contract Time according to the temu 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 douse GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Administrator where so authored, may request the Contractor to perform Additional Work without invalidating the Contract If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimile trensmission and on the fifth Day after the date of mailing, if sent by mail. .02 The Contractor and the (honer shat) provide each other with the mail and email addresses; pager, cell phone, and telephone numbers; and facsimile terminal numbers for the Contrad Administrator and tl1e Superintendent at the commencement of the Work, and update as necessary. .03 in the event of an emergency situation or other urgent matter the Conbact Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contrador shall be given in accordance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to SubstanBal Pertormance .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written notice has been given to the Contractor .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constiWte an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contrador or the Contractors 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 100 ~~ Documents. The Owner sh f be responsible for any damage that occurs because of the Owners use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.13 Claims, tf~egotiations, Mediation GC 3.13.01 Continuance of the Work Ot Unless the Contract has ben terminated or completed, the Contrador shall in every case, after serving or receiving any noti cation of a claim or dispute, verbal or written, continue to proceed with the Work wRh due diligence nd expedition. tt is understood by the parties that such action shall not jeopardize any claim it may ve. GC 3.13.02 Record Kleeping .01 Immediately upon commen work that may result in a claim, the Contrador shall keep Daily Work Records during the course f the Work, sufficient to substantiate the Contractor's claim, and the Contrad Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with lause GC 8.02.07, Records. .02 The Contractor and the Con cl Administrator shall atfempt to recondle their respective Daily Work Records on a daily basis, to implify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to condle their respective Daily Work Records, then the Contractor shalt submit its Daily Work Recor s as part of its claim, whereby the resolution of the dispute about the Daily Work Records shag noE be resolved until there is a resolution of the claim. 03 The keeping of Daily Work ecords by the Contract Administrator or the reconciling of such Daily Work Records with those of a Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims cedure Ot The Contractor shall give . rbal notice of any situation Ulat may lead to a claim for additional payment immediately upon oming aware of the situation. 02 The Contractor shall pro ' written notice in fhe standard form "Notice of Intent to Gaim" within 7 Days of the commenceme of any part of the Work that may be affected by the situation. 03 The Contr~tor shall submit, detailed Gaims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identity tfie item or items n reseed of which the claim arises; b) state the grounds, contr tuat or oMerwise, upon which the claim is made; and c) inchxle the Records maintained by the Contractor supporting such claim. In exceptional cases, the 3q Days may be increased to a maximum of 90 Days with approval in writing front the Contract Administrator. 04 Within 30 Days of the recei t of the Contractor's detailed Gaim, the Contract Administrator may request the Contractor to s omit any further and other particulars as the Contrad Administrator considers necessary to as s the claim. The Contractor shall submit the requested information within 30 Days of receipt of ch request. Page 20 t2ev. Dale: 11/20012 OPSS.MUNI 100 .OS Within 90 Days of receipt of the detailed claim, die Contract Administrator shall advise the Contradw, in writing, of the Contract Administrators opinion with regard to the validity of the claim. GC 3.13.04 Negotiations .Ot 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 facllitate 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 shah enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a. Time and Material Basis, the parties shall proceed in accordance with clause GC 3.13.05, Mediation, w subsection GC 3.14, Arbitration. GC 3.13.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotlatians, within a period of 30 Days fdlowing Ote opinion given in paragraph. GC 3.13.03.05, and the Contractor wishes to pursue the issue further, the partes may, upon mutual agreement, utilize the services of an independent third party mediator A2 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area ~ the disputed issue. The mediator shall meet with the parties together w separately, as necessary, to review aft aspects of the issue. In a final attempt to assist the parties in resdving the issue themselves prior to proceeding to arbitration [he mediator shah provide, without prejudice, anon-birMirlg recommendation for settlement .04 The review by the mediator shall be completed within 90 Oays following the opinion given in paragraph GC 3.13.03.05. .OS Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third parry mediator shall be equally shared by Ote Owner and Contractor. GC 3.13.06 Payment .Ot Payment of the claim shall be made no later Oran 30 Days after the date of resolution of the claim w dispute. Such payment shall be made according to the terms of Section GC 8.0, Measurement and Payment. GC 3.13.07 Rights of Both Parties .01 It is agreed that no adios taken under subsection GC 3.13, Claims, Negotiations, Mediation, by either party shall be construed as a renundadon w waiver of any of the rights or recourse available to the parties, provided that the requirements set out in Ous subsection are fulfilled. GC 3.14 Arbkration GC 3.14.01 Conditions of Arbitratbn .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations, w the mediation stage noted in clause GC 3.13.05, Mediation, either party may invoke the provisions of subsection GC 3.14, Arbiraton, by giving written notice to the other party. Page 21 Rev. Date: 1112006 OPSS.MUNI 100 02 Notification that arbitration hall be implemented to resolve the issue shall be communicated in writing as soon. as possible and no later than 60 Days following the opinion given in paragraph GC 3.13.03.05. Where the. use of a third party mediator was implemented, notification shall be within 120 Days of the opini given in paragraph GC 3.13.03.05. .03 The parties shall be bound bpi the decision of the arbitrator. 04 The rules and procedures ofthe Arbitration Act, 1991, S.O. 1991, c.17, as amended, shalt apply to any arbitration conducted h reunder except to the extent that they are modified by the express pmvisions of subsection GC .14, Arbitration. GC 3.14.02 Arbitratidn Procedure Ot The following provisions are I right of appeal as exist whet disqualified him or herself a) All existing actions in res{ b) Afi outstanding claims an Only such Gaims and ma c) Before proceeding with U set ouF in the schedule. o be included in the agreement to arbitrate and are subject only to such e Ole arbitrator has exceeded his or her jurisdiction or have otherwise ;sect of Ore matters under arbitration shall be stayed pending arbitration; d matters to be settled are to be set out in a schedule to the agreement. tters as are in fhe schedule shall be arbitrated; and ~e arbitraton, the Contractor shall confirm that ail matters in dispute are GC 3.14.03 Appoi ent of Arbitrator .O4 The arbiVator shall be mutual agreed upon by the Owner and Contractor ro adjudicate the dispute. .02 Where the Owner and Con ctor cannot agree on a sole arbiVator within 30 Days bf the notification of arbitration noted in parag ph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of notice of arbitration. .03 The appointees shall mutuafi agree upon an arbitrator to adjudicate the dispute within.l5 Days after the last appointee was rhos or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc., which may elect an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be i erected financially in the Contract nor in either party's business ..and shalt not be empbyed by ei party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .06 The arbitrator is not bound the roles of evidence that govern the trial of cases in court but may hear and consider any evide that the arbitrator considers relevant. .07 The hearing shall commence GC 3.14.04 Costs .Ot The arbitrator's fee shall be e .02 The fees of any independent be shared equally by the Owr Page 7t 90 Days of the appointment of the arbiVator. shared by the Owner and the Contractor. parts and any other persons appointed to assist the arbirator shall and [he Contractor. Rev. Date: itl200[i OPSS.MUNI 100 .03 The arbitration hearing shall be held in a place mutuaNy agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shah be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related [a the arbitration. GC 3.14.05 The Decision .Ot The reasoned decision shall be made in writing within 90 Days of the condusion of the hearing. An extension of Gme to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeobgical 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. Not cation 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 Contrad 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 contrd in accwrdance 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 aN reasonable action to minimize additional costs that may accrue as a result of any work stoppage. Page 23 Rev. Dare: NI2006 OPSS.MUNI 100 ,`' SECTION GC ~{.0 -OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.07 Working .Ot The Owner shall acquire ~ property rights that are deemed necessary by the Owner -for the construction of the Work, in uding temporary working easements, and shah indicate the fiiN extent of the Working Area on the ntract Drawings. .02 The Geotechnical Report a~Subsurface Report that may be provided by the Owner as part of the tender documents shall form art of the Contract Drawings. GC 4.02 Approve .01 The Owner shall pay for all I .02 The Owner shall obtain an design of the Work. GC 4.03 Manages .01 The Owner shall identify in from the Waiting Area and management and dispositia .02 In accordance with regulati~ as amended, the Owner ads a) the designated substai Working Area occurring b) the designated for Utilities; and Permits and building permits. pay for all permits, licences, and certificates solety required for the and Disposkion of Materials Contract Documents the materiats to be moved within a removed characteristics of those materials that necessitates special materials under the Occupational Health and Safety Act, R.S.O. 9990, c.0.1, that, silica, lead, and arsenic are generally present throughout the ally or as a result of vehicle emissions; asbestos may be present in cement products, asphalt, and conduits c) the following hazardous materials are ordinarily present in construction. activities: limestone, gypsum, marble, mica, d Portland cement; and d) exposure to these subs noes may ocax as a result of activities by the Contractor such as sweeping, grinding, crus "ng, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in~the Contract Documents any designated substances. or hazardous materials other than those idg~ntified above and their location in the Working Area. .04 If the Owner or Contractor iscovers or is advised of the presence of designated substances or hazardous materials that ar in addition to those listed in paragraph GC 4.03.02, or not cleady identified in the Contract Doc ments according to paragraph GC 4.03.03, then verbal notice shah be provided to the other party im ediately with written confirmation within 2 Days. The Contractor shall stop work in the area immedi tely and shall determine the necessary steps required to complete the work in accordance with appli ble legislation and regulation. .OS The Owner shall be reapon ' le for any reasonable additional costs of removing; managing and disposing of any material no identified in the Contract Documents, or where conditions exist that could not have been reason ly foreseen at the time of .tendering. All work under this paragraph shall be deemed to be Extra ork. Page 24 Rev. OaOe: ii12006 OPSS.MUNI 100 .06 Prior to commencement of the Work, the Cavner shaft provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property Ot The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect aA railway property at track crossings; or otherwise, on which construction operations are to take place in accordance with the terms of this Contract. .03 The Contractor shall be required to conduct the construction operations in such a manner as to avdd a possibility of damaging any raiMray property in the vianity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and Equipment, as well as railway property throughout the duration of the Contract. GC 4.05 Default by the Contractor .Ot If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, shoukf neglect to prosecute the Work propedy 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 suffiaent cause exists to justify such acUOn, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractors contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. .02 If the Contractor is ad}udged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. GC 4.06 Contractor's Right to Correct a Default .Ot The Contractor shall have the right within Uie 5 full Working Days foNowing the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the defauR cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the corecUon of the default within the 5 full Working Days folowing receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. Page 25 Rev. Date: 112006 OPSS.MUNI 100 GC 4.07 thrners l7tigM to Correct Default .Ot If the Contractor fails to c ect the default within the time specified in subsection GC 4.06, Contractors Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remed' the Owner may have, may correct such default and deduct the cost thereof, as cerfified by the ntract Administrator, from any payment then or thereafter due to the Contractor. GC 4.08 7erminati~on of Contractor's Right to Continue the Work .Ot Where the Contractor fails correct a default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part giving wdtten notice to the Contractor .02 If the Owner terminates the Contractors rght >o continue with the Work in whole or in part, the Owner shall be entitled to, a) take possession of the ~orking Area or that portion of the Working Area devoted to that part of the Work terminated; b) use the Equipment of thr~Contractor and any Material within the Working Area that is intended to be incorporated into the ork, the whole subject to the right of third parties; c) withhold further payments to the Contractor with respect to Ore Work or the portion of the Work wiOtdrawn from the Con ctor until the Work or portion thereof withdrawn is completed; d) charge the Contractor a additional cost over the Contract price of completing the Work a portion thereof withdra 'from Ore Contractor, as cert~ed by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of th default; e} charge the Contractor a sonable allowance, as determined by the Contract Administrator, to cover cortecfion to the ork performed by the Contractor that may be required under subsection GC 7.16, Warranty; f) charge the Contractor ~ any damages the Owner sustained as a result of the default; and g) charge the Contractor th~ amount by which the cost of corrections to the Work under. subsection GC 7.16, Wartanty, exce ds the allowance provided for such corrections. GC 4.09 Finat Patjment to Contractor .01 It the Owners cost to court and complete the Work in whole or in part is less than the amount withheld from the Contras under subsection GC 4.08, Termination of Contractor's Right to Continue the Work, the ner shall pay the balance to the Contractor as soon as the final accounting for the Contract i complete. GC 4.10 Termination of the Contract .01 Where the Contractor is infault of the Contract the Owner may, without prejudice to any other right or remedy the Owner y have, terminate the Contract by giving written notice of termination. to the Contractor, the Surety, a d any wstee or receiver acting on behalf of the Contractor's estate or creditors. Page 26 I ~v. Date: 11/2006 OPSS.MUNI t00 .02 ff 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 ObNgations .Ot The Contractor's obligation under the Contract as to quality, corection, and warranty of the Work performed prior to the time of termination of the Contract w terina6on 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 .Ot If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond, the provisions of Section GC 4.0, Owner's Responsibilities and Rights, shall be exercised in accordance with the conditions of the Performance Bond. GC 4.13 Payment Adjustment .01 If any situation should occur in the performance of the Work that would result in a Change in the Work the Owner shall be entitled to an adjustment and those adjustments shah be 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 o)'f Material 01 All Material necessary for th 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 II compensation for the supply of such Material. GC 5.02 Quality Material .Ot AO Material supplied by the Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the C actor shalt conform to the requirements of the Contract. .03 As speafied in the Con ' t Documents or as requested by the Contract Administrator, the Contractor shall make avail le, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain the Contrail Administrator the right to enter onto the premises of the Material manufacturer or su plier to tarty out such inspection, sampling, and testing as specified in the Contract Documents or a requested by the Contract Administrator. .OS The Contractor shall notify Contract Administrafor of the sources of supply sufficiently in advance of the Material shipping tes to enable the Contract Administrator to perform the required inspectionsampling, and to rig. 06 The Owner shall not be responsible for any delays to the Contractor's operations where .the Contractor fails to give su nt advance notice to the Contract Administrator to enable the Contract Administrator to carry out a required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shall not khange the source of supply of any Material without the written authorizatlon of the Contract dministrator. .08 Material that is not specifiedshall be of a quafity best suited to the purpose rnquired, and the use of such Material shall be subje to the approval of the Contract Administrator. Og All Material inspection, sa fing, and testing shall be carried out on random basis in accordance with the standard inspection.: testing me0wds required for the Material. Any approval given by the Contract Administrator fort Materials to be used in the Work based upon the random method shat{ not relieve the Contractor m the responsibility of incrxporating Material that conforms to the Contract Documents into Work or propedy performing the Contract and of any liability arising from the failure to properly rform as specified in the Contrail Documents. GC 5.03 .01 Rejected Material shall be re oved from the Working Area expeditiously after the notification to that effect from the Contract Ad inistrator. Where the Contractor fails to comply with such notice, the Contract Administrator may use the rejected Material to be removed from the Working Area and disposed of, in what the C tract Administrator considers to be the most appropriate manner, and the Contractor shall pay the is of disposal and the appropriate overhead charges. Page 28 Rev. Dale: 11/2006 OPSS.MUNI 100 ~}~Ac GC 5.04 Substitutions 01 Where the Contract Documents require He Contractor to supply a Material designated by a Trade or other name, He Tender shall be based only upon supply of the Material so designated, that shah be regarded as the standard of quality required by the Contract Documents. Aker He acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. .02 Rulings on a proposed substitution shall not be made. prior to He acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certficate of Equality on the Owner's standard form of "Certification of Equality' and, if any adjustment to the Contract price is made by reason of such substitution, a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.07 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the faun 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 Adntirlistrator. .03 Where Material supplied by the Owner artives at the delivery point in a damaged condition or where there are discrepanaes between the quantities received and the quantifies shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide .the Contractor with a written release from responsibfiity for such damage or deficiencies. Where damage or deficienaes are not so reported, it shall be assumed that the shipment artived in good conrition and order, and any damage or deficienaes reported Hereafter shall be made good by the Contractor at no extra cost to He Owner. Page 29 Rev. Date: 7ir2006 OPSS.MUNI tDO i ''~ .04 The full amount of Material pplied by the Owner in each shipment shall be accounted for by the Contractor and such Materi I shall be at the risk of the Contractor after taking delivery. .Such Material shall not, except wit the written permission of the Contract Administrator, be used by the Contractor for purposes of than the performance of the Work under the Contract. 05 Empty reels, gates, con rs, and other type of packaging from Material supplied by the Owner shall become the property the Contractor when they are no longer required for their original purpose and shall be disp of by the Contractor, unless otherwise spetdfied in the Contract Documents. .06 Immediately upon receipt of ch shipment, [he Contractor shall provide the Contract Administrator copies of biNs of lading, or ~ ch other documentation the Contract Administrator may require to substantiate and reconale th quantities of Material received. .07 Where Material supplied by the Contractor shall, at no e: check the Material, report ar of the Material at the stack Contractor, it shall be asst Contractor took charge of it, by the Contractor at no extra Page 30 ~e Owner is ordered and stockpiled prior to the award of the Contract, ra cost to the Owner, immediately upon commencement of operations, damage or deficiencies to the Contract Administrator and take charge ile site. Where damage or deficiencies are not so recorded by the ned that the stockpile was in good condition and order when the nd any damage or deficiencies reported thereafter shalt be made good Ast to the Owner. Rev. ~~: 11!2006 OpSS.MUNI 100 SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .Ot The Contractor, the Contrectot's agents, and ail workers empbyed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of [he Contractor's operations under the Contract, unless indicated to the contrary below. .02 The Contractor is responsible for the full cos[ of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within t5 Days of occurrence of inddent, or as soon as possible. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war, b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the Owner, except by a release duly executed by [he Owner. GC 6.02 Indemnification .Ot The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all daims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims", directly or indirectly arising, or alleged to arise out of the performance of or the failure to perform the Work, provided such Gaims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible propetiy: b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or, where so specified in the Contract Documents, from the date of certification of Fnal A~eptance. Page 31 Rev. Date: 1112006 OPSS.MUNI 100 02 The Contractor shall indem and hold harmless the Owner from all and every Gaim for damages, royalties or fees for the in 'ngement of any patented invention or copyright occasioned by the Contractor in connection wit the Work performed or Material furnished by the Contractorvnder the Contract .03 The Owner expressly waive9~ the right to indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02, 04 The Owner shalt indemnify ' d hold harmless the Contractor, their elected oifidals, agents, officers, and employees from and a inst all daims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising ut of the Contractor's performance of the Contract that are attributable to a lade of or defect in title an alleged lade of or defect in title to the Working Area. .OS The Contractor expressly , elves the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6.03 Contractors Insurance GC 6.03.01 General 01 Without restricting the gen rality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay`for the insurance coverages listed under dauses GC 6.03.02 and GC 6.03.03. Insurance cov rage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in th Contract Documents. 02 The Contractor shall provide; the Contrail Administrator with an original Certificate of Insurance. for each type of insurance cove a that is required by the Contract Documents. The Contractor shat{ ensure that the Contract Ad inistrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance cov ge, in such amounts as specified in the Contract Documents. The Contractor will not be permi d to commence work until the Contract Administrator is in receipt of such proof of insurance. Th Contract Administrate may withhold payments of monies due to the Contractor until the Contract has provided the Contract Administrator with original valid Certificates of Insurance as required by t provisions of the Contract Documents. GC 6.03.02 General ability Insurance 01 General liability insurance sh II be in the name of the Contractor, with the Owner and the Contract Administrator named asaddi'onal insureds, with limits of not less Otan five million dollars inclusive per occurrence for bodily inj ,death, and damage to property including loss of use thereof, with a property damage deductible of not more than $5,000. The form of [his insurance shalt be the Insurance Bureau of Canada orm IBC 2100. .02 Another form of insurance ual to or better than that required in IBC Form 2100 may be used, provided all the requirements fisted in the Contract are inducted. Approval of this insurance shall be conditional upon the Contrac obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario nil obtaining the insurer's certificate of equivalency to the required insurance. 03 The Contractor shall main min force such policies of insurance spedfied by the Contract Documents at all times from a commencement of the Work until the end of any Warranty Period or as otherwise required by the ontrail Documents. 04 The Contractor shall submit a~ually to the Owner, proof of continuation of the completed operations coverage and, 'rf the Contract r fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), she not be binding on the Owner. Page 32 Rev. Date: 71/1008 fWSS.MUNI 100 s>° .05 Should the Contractor dedde not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The pdides 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 polides shall not be permitted. GC 6.03.03 Automobile Liability Insuranc® Ot Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five million ddlars inckuive 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 resbiding coverage: a) standard nonowned automobile policy including standard contractual liabiity endorsement, and b) standard owners form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned a operated by the Contracor. GC 6.03.04 Aircraft and Watercraft Liability Inaurorrce GC 6.03.04.01 Aircraft Liability Insurance Ot Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in the perfomiance of the Work, including use of additional premises, shah be subject to limits of not less Oran five million dollars inclusive per occurrence For bodily injury, death, and damage to property including loss of use thereof, and limits of not less than five million ddiars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of pncellation, change, or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance 01 Watercraft liability insurance with respect to owned or non-owned watercraft used directty or indiredly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof. Such insurance shall be in a forth acceptable to the Owner. The pdicies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of pncellafion, change, or amendment restriding coverage. GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance Ot All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Admaiistrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the fu0 value, as may be stated in the Contract Documents, of Material that is spedfa:d to be provided by the Owner for irx•Arpordtion into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work_ This insurance shall be in a ford acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Fkral Acceptance Certificate. Page 33 Rev. Data: 1112006 OPSS.MUNI 100 GC 6.03.05.02 Boiler .01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator for not less than the replace nt value of boilers and pressure vessels forming part of the Work, shah be in a form acceptabl' to the Owner. This insurance shah be maintained continuously from commencement of use or ration of the property insured unW 10 Days after the date of Final Acceptance of the Work, as tout in the Final Acceptance Certificate. GC 6.03.05.03 Use and ccupancy ofYhe Work Prior to Completion .01 Should the Owner wish to u or occupy part or all of the Work prior to Substantial Performance, the Owner shall give 30 Days w en noOce fo the Contractor of the intended purpose and extent of such use or occupancy. Prior to s ch use or occupancy, the Contractor shall notify the Owner in miGng of the additional premium cost,' f any, to maintain property and baler insurance, which shall be at the Owr~r's expense. If bees se of such use or occupancy the Contractor is unable to provide coverage, the Owner upon ntten nofice from the Contractor and prior to such use or occupancy shall provide, maintain, and y for property and !miler insurance insuring the full value of the Work, inckrd'mg coverage for such se or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor hall refund to the Owner the unearned premiums applicable to the Contractor's policies upon to inatfon of coverage. 02 The pofides shall provide th t, in the event of a loss or damage, payment shall be made to the Owner and the Contractor their respective interests may appear. The Contracts shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such Toss or damage payment with the i surers. When the extent of the loss Or damage is determined, the Contractor shat) proceed to'restore the Work. Loss or damage shall not affect the. rights and obligations of either party un er the Contract, except That the Contractor shall be entitled to such reasonable extension of Co ract Time relative to the extent of the loss or damage as the Contract Administrator may decide in nsultation with the Contractor. GC 6.03.05.04 Payment. or Loss or Damage 01 The Contractor shall be enti , d to receive from Ehe Owner, in addition to the amount due under the Contract, the amount at whic 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; .0, Measurement and Payment. In addition, the Contractor shall be entitled to receive from the p cots made by the insurers the amount of Ole Contractor's interest in Ore restoration of the Work. .02 The Contractor shall be re nsible for deductible amounts under the polk~ees, except where such amounts may be exduded fr the Contractor's responsibility by the terms of this Contract. 03 In Ole event of a loss or da 'age to the Work arising from the action or omission of the Owner or others, the Owner shall pay a Contractor the cost of restoring the Work as the restoration of the Work proceeds and in a dance with the requirements of Section GC 8.0, Measurement and Payment. Page 34 Rev. Date; 1112006 OPSS.MUNI 100 "..~ GC 6.03.06 Contractor's Equipment Insurance .01 All risks Contractor's equipment insurance covering constnrction machinery and equipment used by the Contractor for the performance of the Work, inGuding 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, w 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 permissan for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. GC 6.03.07 Insurance Requirements and Duration .01 Unless specfed otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Fnai Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior to carrcnencement 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 information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and, in addition, a signature by an officer of the insurer or the underwriter or the broker. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately fdlowing completion of renewal. .05 Unless specified otherwise, the Contractor shalt be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the 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 tite Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by [he tender documents. .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maurfained in good standing unW the fulfilment of the Contract. Page 35 Rev. Date: 11!2006 ~SS.MUNI 100 ,,,.. GC 6.05 Workplac .01 The Contractor shall provid indicating the Contractor's follows: a) Immediatety prior to the b) Prior [o issue of the Ceh c) Priw to expiration of the d) At any other time when i Page 36 Safety and insurance Board the Contract Administrator with a copy of a Certificate of Clearance god standing with the Workplace Safety and Insurance Board, as pct AdminisVator authorizing the Contractor to commence Work. of Substantial Performance. my Period. [ed by the ConVact Administrator. Rev. Date: 11Y2006 OPSS.MUttl 100 SECTION GC 7.0 -CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .Ot 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 canmence 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 contrd of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shat) be performed as vigorously and as continuousy as weather conditions or other interterences may permit. .OS The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .O6 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or spedfy a method of consWction 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 hekt responsible for that part of the design or the specified method of consWction. The Contractor shalt, however, be responsible for the execution of such design or specified method of construction in the same manner thaF 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 Occupations! Health and Safety Act, R.S.O. 1990, c.0.1, as amended, (the "Act") and Ontario Regulation 213/91, as amended, (that regulates Construction Projects) and any other regulations as amended under the Act (the "Regulations") that may affect the performance of the Work, as the "Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure that a) worker safety is given first priority in planning, pricing, and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available a[ the Contractor's office within the Working Area, art, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; d) workers employed to carryout the Work possess the knowledge, skills, and protective devices required by law a recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory empbyees tarty out their duties in a diligent and responsible manner with due consideration for the health and safety of the waiters; and Page 37 Rev. Date: 11!2006 OPSS.MUNI 100 f) at Subcontractors and heir workers are propedy protected from injury while they are at the work Area. .OB The Contractor, when reque eel, shall provide the Owner with a copy of its health and safety policy and program at the pre-sta.; meetir7g and shall respond promptly to requests from the Owner for confm~ation that its meth and procedures for carrying out the Work comply with the Act and Regulations. The Contract shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act': rid the Regulations in any investigations of worker health and safety in the performance of the Wo 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 comp) with the requirements of the Act and the Regulations. 09 Pr7or to commencement of tl of arose products 7bntrotle WHMIS, which the Conirack shall accompany the submis WHMIS shall be labelled. changes in the products to b s Work, the Contractor shall provide to the Contract Administrator a list under the Workplace Hazardous Materials Information System or expects to use on the Contract. Related Materials Safety Data Sheets ion. All containers used in the application of products controlled under 't7e Contractor shall notify the Contractor Administrator in writing of used and provide relevant Material Safety Data Sheets. .10 The Contractor shall have sari authorized representative on the site while any Work is being pertom7ed, to supervise the ork and act for or on the Contractors behalf. Prior to commencement of corstruction, the Contra or shall notify the Contract Administrator of the names; addresses; positions, and cell phone, er, and telephone numbers of the Contractor's representatives who can be contacted at any time. [o deal with matters relating to the Contract, and update as necessary. 11 The Contractor shall design. The designated person shall and experience to perform N knowledge of all potential or construction, the Contractor cell phone, pager, and telept designated person may hav7 be present in [he Working Ar 12 The Contractor shall, at no assis4mce required by the Work or the taking of measur 13 The Contractor shall preps indicating the proposed melt proposes to complete the vai The srfiedule shall be subn award. If the Contractor's. sc updated construction schedi request This updated sche7 the Work, so as to complete i 14 Where the Contractor finds Contractor shall promptly re actively affected until receivirH 15 The Contractor shall prompti! observed in the Working Are: Page 38 a person to be responsible for traffic control and work zone safety. a competent worker who is qualified because of knowledge, training, duties; is familiar with Book 7 of the Ontario Traffic Manual; and has tual danger to workers and motorists. Prior to the commencement of a0 notify the Contract Administrator of the name; address; position; ie numbers of the designated person, and update as necessary. The ther responsibilities, including other construction sites, and need not at all times. al cost to the Owner, famish all reasonable aid, facilities, and Administrator for the proper inspection and examination of the for the purpose of payment. and update, as required, a wnstruction schedule of operations, s of constnrction and sequence of work and the time the Contractor s items of work within the time specified in the Contract Documents. 'd to the Contract Administrator within 14 Days from the Contract fule is materially affected by changes, the Contractor shall submit an if requested by the Contract Administrator, within 7 Days of the shall show how the Contracror proposes to perform the balance of Work within the time specified in the Contract Documents. any error, inconsistency, or omission relating to the Contract, the ort it to the Contract Administrator and shall not proceed with the direction from the Contrail Administrator. notify the Contract Administrator in writing if the subsurface conditions differ materially from those indicated in the Contract Documents. Rev. Date: 7112006 OPSS.MUNi 100 .16 The Contractor shall artange with the appropriate Utility authorities for the stake out of all underground Utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs prior to commencing the Work and in the event that there is a discrepancy between the locatron 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 con~sanies, 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 constructon if the stakeout locations are within the tolerances given in paragraph GC 2.01.01 a). GC 7.02 .Layout 01 Prior to commencement of construction, the Contract Administrator and the Contractor shalt locate on site those property bars, baselines, and benchmarks that are necessary to delineate the Working Area aril to lay out the Work, a!I 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 Larxf 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 Conbactor 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 cartied 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 responsibiNty 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 carefuNy preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shall be replaced at the Contractors expense. .OS Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor. In the case of their desfnictron or rerrwval, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor's expense. GC 7.03 Working Area .01 The Contractors sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contracts shall confine the construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additanal cost to the Owner. Page 39 Rev. Date: 1112806 OPSS.MUNI 100 .03 The Contractor shall not a ter upon w occupy any private property for any purpose, unless the Contractor has received p ' written permission from the property owner. GC 7.04 Damage y Vehicles or Other Equipment .01 If at any time, in the opinio of the Contract Administrator, damage is being done or is likely to be done to any Roadway or art improvement thereon, outside the Working Area, by the Contractors vehicles w other Equipment] whether licensed or unlicensed Equipment, the Contractor shah, on the direction of the Contract ministrator, and at no extra cost to the Owner, make changes or substitutions for such vehi s or Equipment, and shall alter loadings, w in some other manner, remove the cause of such mage to the satisfaction of the Contract Administrator. GC 7.05 Excess oading of Motor Vehicles Ot Where a vehide is hauling aterial for use on the Work, in whole w in part; upon a Highway; and where motor vehicle registr ion is required for such vehide, the Contractor shall not cause or permit such vehicle to be loaded , yond the legal limit specified in the Highway Traffic Act, R.S.O. 1 g90, c.H.8, as amended, whethe such vehicle is registered in the name of the Contractor or otherwise, except where there are desl fed areas within the Working Area where ovedoading is permitted. The Contractor shall bear th onus of weighing disputed loads. GC 7.06 Conditio~ of the Working Area .Ot The Contractor shat{ mainta" the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nut nce, mud, and ponding water, other than that caused by the Owner or others. GC 7.07 Maintai ng Roads and Detours .Ot Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by construction, it shall be kept en [o both vehicular and pedestrian traffic. 02 Subject to the approval of Contract Administrator, the Contractor shall, at no additional cost to the Owner, be responsible f providing and maintaining for the duration of the Work an aRemative route for both pedestrian an vehicular traffic through the Working Area in accordance with the OTM, whether along the existing way under construction or on a detour road beside w adjacent to the Highway under construction.. .03 Subjed to the approval of he° Contract Administrator, the Contractor may block traffic for short periods of hme to facilitate struction of the Work in aceordance with the OTM. Any temporary lane closures shall be kept t a minimum. .04 The Contractor shall not be quired to maintain a road through the Working Area until such time as the Contractor has comme d operations w during seasonal shut down or on any part of the Contract that has been acce ted in accordance with these General Conditions. The Contractor shall not be required to apply de-i 'ng chemicals w abrasives w cany out snowpknving. .OS Where IocaliZed and separat sections of the Highway are affected by the Contractor's operations, the Contractor shall not be quired to maintain intervening sections of the Highway until such times as these sections are locat within the limits of the Highway affected by the Contractors general operations under the Contra L .O6 Where the Contract Docu is provide for or the Contract Administrator requires detours at spedfic locations, payment for the struction of the detours and, if required, for the subsequent removal of the detours, shall be made a the Contract prices appropriate to such work. Page 40 Rev. Date: 11/2006 OPSS.MUNI 100 .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregong, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe, and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specificaNy provided for in the Contract Documents a required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and maintained to strudural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contrail Administrator. 10 Where, wi0t the prior written approval of the ConVact Administrator, the Highway is closed and the Vaffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect, and maintain traffic conVol devices in accordance with the OTM. 11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsedwn GC 6.01, Protection of Work, Persons, and Property, dealing with the Contractor's responsibility for damage claims, except for daims arising on sediohs of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .Ot The Contractor shall provide at all times and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner aaess to fire hydrants, water and gas valves, and all other Utilities located in the Waiting Area. .03 Where any intenuptons in the supply of Utility services are required and are authorized by the Contrail Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.04 Approvals and Pertnks .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender dosing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspedions required by the approvals and permits spedfied in paragraph GC 7.09.01. Page 41 Rev. Oate: 11!2006 OPSS.MUNI 100 GC 7.10 Suspension of Work :Ot The Contractor shall, upon tten notice from the Contract Administrator, discontinue or delay any or all of the Work and work all not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstan , s, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contracf is Right to Stop the Work or Terminate the Contract .01 If the Owner is adjudged nkrupt or makes a general assignment for the benefit of creditors because of insdvency or if> a receiver is appointed because of insolvency, the Contractor may, without prejudice to any dt ' r right a remedy the Contractor may have, by giving the Owner or receiver or trustee in bankru cy written notice, terminate the Contract. .02 If the Work is stopped or o erwise delayed for a period of 30 Days or more under an order of a court or other public authon 'and provided that such order was not issued as the resulf of an act or fault of the Contractor or of nyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to a other right or remedy the Contractor may have, by giving the Owner written notice, terminate the tract. .03 The Contractormay notify Owner in writing, with a copy to tl1e Contract Administrator, that the Owner is in default of contra ual obligations if, a) the Contract Administra r fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement d Payment; b) the Owner fails to pay he Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, CerUficati and Payment, the amounts certified by the Contract Administrator or within 30 Days of an aw d by an arbitrator or court; or c) the Owner violates the re ' ements of the Contract. .04 The Contractors written nofi" [o the Owner shalt advise that if the default is not corrected in the 7 Days immediately following r eipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Co ractor may have, stop the Work or terminate the ContraU. .05 ff the Contractor terminates; a Contract under the conditions set out in subsection GC 7.11, the Contractor shall be entitled be paid for all work pertorned according to the Contract Documents and for any losses or dam as the Contractor may sustain as a result of the termination of the Contract ~. GC 7.12 Notices tabr the Contractor .01 Before work is carried out t may affect the property or operations of any Ministry or agency of government or any person; pany; partrtership; or corporation, inGuding a municipal corporation or arty board or commissi Orereof, and in addition to such notices of the commencement of speafied operations as are rescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours adva ce written notice of the date of commencement of such work to the person, cornpany, partnershi ,corporation, board, or commission so affected. .02 to the case of damage to or ' terference with any Utilities, pole lines, pipe tines, conduits,. farm tiles or other public or privately , woad works or property, the Contractor shah immediately notify the Owner, Contract Administra r, and Ole owner of the works of the location and details of such damage or interterence. Page 42 Rev. DaM: 11/2006 OPSS.MUNI 100 GC 7.13 Obstructions .0t Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, inducting Vaffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall rtot make any claim against the Owner for any Toss, damage, or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man-made object, the Conractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exerdse the necessary care in construction operations, and fo take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .Ot Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the ConVactor shall not carry out operations under the Contract on Saturdays, Sundays, and Statutory Hdidays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work w plant at all reasonable times. GC 7.15 Cleaning Up Before Acceptance .Ot Upon altainirtg Substantial Performance of the Work, the Contractor shall remove surplus materials, tads, 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 Completion until the Contractor has removed surplus materials, tools, consWCtion machinery, and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. GC 7.16 Warranty .Ot Unless otherwise specified in the Contract Documents for certain Materials or components of the Work, the Contractor shall be responsible for the proper pertormance of the Work only to the extent that the design and standards permit such performance. .02 Subject to the previous paragraph the Contractor shall cortect promptly, a[ no additional cost to the Owner, defects or defidendes in the Work that appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, Page 43 Rev-Dare: tt/2006 OPSS.MUNI 700 b) where the work is con Completion of the Work, c) where there is no CertifN of the Work as set out in d} such bnger periods as some of the Work. The Contract Administrator ; deficiencies. .03 The Contractor shall cor requirements of paragraph GC 7.17 after the date of Substantial Pertormance, 12 months after of Substantial Performance, 12 months from the date of Completion Completion Certificate, or be specified in the Contract Documents for certain Materials or promptty give the Contractor written notice of observed detects or or pay for damage resulting from corrections made under the 7.16.02. Workers .Oi The Contractor shall only mploy ordedy, competent, and skillful workers to do the Work and whenever the Contract Admi istrator 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 sha be removed from the work and shall not be empbyed on the work again without the consent in riling of the Contract Administrator. GC 7.18 01 During construction and until; ~e Work is completed, the Contractor shall make all reasonable efforts [o keep all portions of the W k propedy and efficiently drained, to at least the same degree as that of the existing drainage con lions. Page 44 Rav. Data: ttnoos oPSS.raurn too SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities Ot The Contract Administrator shall make an Estimate once a nth, in writing, of the quantify of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate,. except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of eadt Estimate to the Contractor within 10 Days of the Cut-0ff Date. .02 Such quantities for progress payments shah 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 quanfities of the Work performed may, be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustmerds to Plan Quantity measurements shall normally be made usirtg Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column shall be paid according to the Plan Quantity. Items where the rotation (P) does not occur shall be paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tertder Gtuantitiss Ot Where it appears that the .quantity of Work to be done w Material to be supplied w both by the Contractor under a unit price tender item may exceed w be less than the tender quantity, the Contractor shall proceed to do the Work or suppty the Material w both required to complete the tender item and payment shall be made for the actual amount of Worts done w Material supplied w both at the unk prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work performed w Material supplied w troth by the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed or Material supplied w both which exceeds 115% of the tender quantity. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shah be based on the actual cost of doing the Work or supplying the Material or both under the tender item plus a reasonable albwance for profit and applicable overhead. by In the case of a Major Item where the quantity of Work performed or Material supplied w both by the Contractor is less than 85% of the tender quantity, the Cwttractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. Fw purposes of the negotiation, the overheads and fixed ousts appNcable to the item are deemed to have been prorated un'rfortnty over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Altemativety, where boot parties agree, an alla~aance equal to 10% of the unit price on the amount of the undertun in excess of 15% of the tender quantity shall be paid. Written requests for corrtpensation must b~ received no later than 60 Days after the issuance of the Completion Payment Certificate. Page 45 Rev. Date: 112006 OPSS.MUNI 100 GC 8.02 GC 8.02.01 Price fa .01 Prices for the Work shall bi performance. The term "all other inddentals. 02 Payment for work not spt payment shall be deemed GC 8.02.02 .01 The Owner shall make a the written request of the a) The Contractor shall d. the Contractor shaft, in and proper storage faci b) The value of procedure: compensation for all labour, Equipment and Material required in its ur, Equipment, and Material" shall include Hand Tools, supplies, and Ily detailed as part of any one item and without specified details of included in the items with which it is assodated. for Material payments for Material intended for incorporation in the Work upon for and according to the following terms and wnditions: the Material to a site approved by the Contract Administrator and tce of receipt of the shipment of the Material, arrange for adequate processed and stockpiled, shall be assessed by the following i. Sources OtherTharr Conxnerdal (1) Granular A, B, I, BII, BIII, M, and O shall be assessed at the rate of 60% of the Contract price. t2) Coarse and fin aggregates for hot mix asphaltic concrete, surface treatment .and Portland cement concrete shall be assessed at the rate of 25°k of the Contract price for each aggregate' t~ckpiled. ii. Commerdal Source Payment for separa coarse and fine aggregates shall be considered at the above rate when such material are stockpiled at a commercial source where further processing is to be carried out befog incorporating such materials into a final product. Advance payments for other materials I ated at a commemial source shall not be made. c) Payment for all other Documents, shall be ba: the Contract Administrat d) The payment for all Mate sufficient units of the ite 60°~ of the Contract pric materials, unless otherwise specified elsewhere in the Contrail ed on the invoice price, and the Contractor shall submit proof of cost to x before payment can be made by the Owner. nals shah be prorated against the appropriate tender item by paying for m to cover the value of the material. Such payment shall not exceed for the item. e) All Ma~nals for which Contractor wishes to receive advance payment shalt be placed in Ore designated storage loc "on immediately upon receipt of the material and shall thenceforth be held by the Contractor i trust for Ole Owner as collateral security for any monies advanced by Ore Owner and for the d e canpletion of the Work. The Contractor shalt not exercise any aG of ownership inconsistent 'th sudt security, or remove any Material from the storage locations, except for indusion in Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall re in at the'dsk of the Contractor who shall be responsible for any loss, damage, theft, improper se, or destruction of the material however caused. 02 Where the Owner makes vance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment sry II not constitute acceptance of the Material by the Owner Acceptance shall only be determined w the material meets the requirements of the appropriate spedfication. ---. °~ Fa~46 Rev. fYate: 11/2W6 OPSS.MUNI t00 GC 8.02.03 Cert~cation and Payment GC 8.02.03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Ouandfies. A2 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, Ownel's set-off; e) the amount of GST, as applicable; and f) the amount due to the Contractor. .03 One copy of [he progress Payment Certificate shall be sent to the Contractor. 04 Payment shah be made within 30 Days of the Cut-Off Date. GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certiy the completion of such subcontract. .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. .03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on which Ote subcontract was completed and, within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .Ot Fdlowing receipt of the Certificate of Subcontract Completion, the Owner shad release and pay the Contractor the statutory holdback retained in respect of ftie 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 Contract Administrator that shall release the Owner from all fudher Gaims relating to the subcontract, qualified by stated exceptions such as holdback. rrwnies: b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged alt 6abiities incurred in carrying out 8re subcontract; Page 47 Rev. Date: 1112006 OPSS.MUNI 100 c) a satisfactory clearance certificate or letter from the Workplace.. Safety and Insurance Board. relating to the subcontr ` ;and d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the t ' al amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.0 d), shall only apply to Lump Sum Items and [tten only when the Contract Administrator speci tally requests it. :03 Upon receipt of the statut holdback, IFte Contractor shall forthwith give the Subcontractor the payment due under the subs tract. .04 Release of statutory holdb ck by the Owner in respect of a subcontract shalt not relieve the Contractor, or the Contract Surety, of any of their responsibilities. GC 8.02.03.04 Certificat n of Substantial Performance 01 Upon applicatlon by the C' tractor and when the Contract Administrator has verified that the Contract has been substanti Ily performed, the Contract Administrator shall issue a Certificate of Substantial Performance. .02 Upon verifying that the Cont ct has been substantially performed, the Contract Administrator shall issue a certificate of Subs ntial Performance and shall set out in the Certificate of Substantial Performance the date on wtl h the Contract was substantally perforated and, within 7 Days after signing the said certificate, t Contract Administrator shall provide a copy to the Contractor. 03 Upon receipt of a copy of th Certificate of Substantial Performance, the Contractor shat! forthwith, as required by Section 32(1.; Paragraph 5 of the Construction Lien Act, R.S.O. 1996, c.C.30, as amended, publish a copy of a certificate in a construction trade newspaper. Such publication shall include placement in the Daif Commercial News. 04 Where the Contractor fails : o publsh a copy of the Certificate of Substantial Performance as required above within 7 Da s after receiving a copy of the certificate signed by the ConracF Administrator, the Owner ma publish a copy of the certificate at the Contractors expense. .05 Except as otherwise provide for in Section 31 of the Construction Lien Ad, the 45 Day lien period prior to the release of hold ck as refered to in Gause GC 8.02.03.05, Substantial Performance Payment and Statutory Hold ck Release Payment Certificates, shaA commence from the. date of publication of the Certificate Substantial,, Performance as provided for above. GC 8.02.03.05 Substant I Performance Payment and Substantial Performance Statutory Holdback Release Payment Certfficates .Ot When the Contract Adminis' atw issues the Certificate of Substantial Performance, the Contract Administrator shall also iss the Substantial Performance Payment Certificate and the Substantial Performance Statutory Hold ack Release Payment Certificate w where appropriate, a combined payment certficate. .02 The Substantial Performance ayment Certificate shall show, a) the value of Work pert to the date of Substantial Performance; b) the value of outstanding incomplete Work; c) the amount of the statuto holdback, allowing for any previous releases of statutory holdback to the Contractor in respect f completed subcontracts and deliveries of pre-selected equipment; Page 48 Rev. Date: 11/2008 OPSS.MUNI 100 ,~ d) the amount of maintenance security required; and e) the amount due the Contractor. .03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the payment certificate. 04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Perfommarmce but subject to the provisions of the Construction lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13, Ctaims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that ail liabilities incurred by the Contractor and Ome Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion 01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, Ore Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .Ot When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completon Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate shall show, a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantal Performance Payment Certificate referred to above; and c) the amount due the Contractor. 03 The Completion Statutory Hddbadc Release Payment Certificate shall be a payment certificate releasing to the Contractor the furOmer statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Canpletion of Ome Work as established by the Completion Certificate but subject to the provisions of fhe Construction Lien Ad and the subrrMSSion by the Contractor of the folowing documents: Page 49 Rev. Date: 11!2006 OPSS.MUNI 100 a) a release by the Con `ctor in a form satisfactory to the Contract Administrator releasing the Owner from all further: laims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration n a form satisfactory to the Contract Administrator that all liabilities incurred by the Contrac; .rand the Contractor's Subcontractors in carrying out the Contract have been discharged, qualifi dby stated exceptions where appropriate; and c) a satisfactory Certificate pf Clearance from the Workplace Safety and Insurance Board GC 8.02.03.08 Interest .01 Interest due the Contractor Interest GC 8.02.03.08 interest .01 Provided Me Contractor I documentaton requirement for release of statutory holc receive interest on the outst dates set out below: a) Progress Payment Ce b) Certificate of Subconti subcontract was comF c) Subcontract Statutory the subcontract was ci d) Substantial Performai certificate; e) Substantial Performa~ publication of the Payr f) . Completion Payment Contrail reached Cor g) Completion StaNtory t the date Mat the Work .02 If the Contractor has not c requiremens, prior to ex interest shall only begin to Page 50 based on sirr~le interest and is calculated using Me applicable Rate of Late Payment ~s cemplied with .the requirements of the Contract, including all when payment by the Owner to Me Contractor for Work performed, or adc, is delayed by the Owner, then the Contractor shall be enti0ed to rding payment at Me Rate of Interest, if payment is not received on the 30 Days after the Cut-0ff Date; Completion: 30 Days after the date certified as the date on which the Release Payment Certificate: 76 Days after the date on which Payment Certificate: 30 Days after the date of issuance of the Statutory Holdback Release Payment Certificate: 76 Days after Certificate of Substantial Performance; de: 30 Days after the date certified as the date on which the and ~adc Release Payment Certificate: 76 Days after the date certified as completed. ' wiM the requirements of the Contract, including aU documentation of the time periods described in paragraph GC 8.02.03.09.01, when Me Contractor has completed Mose requirerrtents. Rev. Date:.11Y1006 OPSS.MUNI t00 `., GC 8.02.03.10 Interest for Negotiations and Claim .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 daim. Such interest shall not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the 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 claims, interest shall not be paid for the delay period. GC 8.02.03.11 Owners Set-Off .01 Pursuant to Section 12 of the Constnrction Lien Act, the Owner may retain from monies owing [o the Contractor under this Contrail an amount suffident to covecany outstanding or disputed liabilities, induding the cost to remedy deficiendes, the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetemtined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies. to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. ' .02 Under these circumstances the Owner witl give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions .01 For the purpose of clause GC 8.02.04 the following definitions appty: 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 adivety and necessarity engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision twt shall not indude any payment or costs incurred for general supervision, administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden for which the Contractor is compensates! by arty payment made by the Owner for Equipment Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contrador for completing the Work, as shown by itemized invoices. Operated Rented Equipment means Rented Equipment f~ which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 51 Rev. Date: 1112005 OPSS.MUNI 100 si Payroll Burden means the pa ents in respect of workplace insurance, vacation pay, employment insurance, public liability and pro - erty damage insurance, sickness and accident insurance, pension fund, and such other welfare and bane t payments forming part of the Contractor's normal labour costs. Rented Equipment means equip aril that is rented or leased for the special purpose of Work on a Time and Material Basis from a perso ,firm, or corporation that is not an associate of the lessee as the word "assodate" is defined by the Se unties Act, R.S.O. 1990, c.S.S, as amended, and is approved by the Contract Administrator. Road Work means the prepay yon, construction, finishing, and construction maintenance of roads, streets, Highways, and parking; lots and indudes alt work incidentals thereto other than work on structures. Sewer and Watennain Work means the preparation, construction, finishing, and construction maintenance of sewer systems rid watemtain systems, and indudes all work incidental thereto other than work on structures. Standby Time means any period. f time that is not considered Working Time and which together with the Working Time does not exceed=l0 hours in arty one Working Day and during which time a unit of equipment cannot practically be ' ed on other work but must remain on the site in order to continue with its assigned task and during whit time the unit is in fully operable condition. Structure Work means the con [ruction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building,.. tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, :wilding, 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, Ind ing Model and Specification Reference, that is current at the time the work is carried out a for Equipme t 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 sis means Changes in the Work, Extra Work, and Additional Work approved by the Contract Adminis rotor for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subj to aH the terms, conditions, Standard Specifications and provisions of the Contract. Working Time means each peri of time during which a unit of Equipment is actively and of necessity engaged on a spedfic operation... d the first 2 hours of each immediately folk>wing period during which the unit is not so engaged but du rig which the operation is otherwise proceeding and during whid•t time the unit cannot practically be tra feved to other work but must remain on the site in order to continue with its assigned tasks and during; ich time the unit is in a fully operable condition. GC 8.02.04.02 DaFly W .O1 Daily Work Records, preps Contract Administrator reps Time and Material project, representative and the Co Records, Oiert the Contras whereby the resolution of tt is a resolution of the claim. Page 52 Records as the case may be by either the Contractors representative or the i the labour and Equipment employed and the Material used on each wld be reconciled and signed each Day by both the Contractors ct Administrator. If it is not possible to reconcile the Daily Work shall submit the un-recondled Daily Work Records with its Gaim, sputa about the Daily Work Records shall rqt be resdved untll there Rev. OaOe: 11/2006 OPSS.MUN1100 GC 8.02.04.03 Payment for work. .01 Payment as herein provided shall be full compensation for all labour, Equipment, and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to he 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 Latxwr up to 53,000, then at 120% of any portion of the Cost of Labour in excess of $3,000. c)2 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 Payrdl Burden. rr ~3 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so ~ detemtined shall be applied to all Time and Material work on fhe Contract. ~CiC;8.02.04.05 Payment for Material 01 1"he Owner shall pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess <rr $3,000. ~C 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working Time 01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 927 Rates with a cost adjustment as foOows: a) Cost $10,000 orless - no adjustment; ~ h) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10,000; aril e) Cost greater than $ 20,000 -$19,000 plus 80% of the portion in excess of $20,000. O:'. -fine Owher shall pay the Contractor for Ole Working Time of Rented Equipment used on the Work on a Time`8nd Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 1'10% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. 03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on i the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator pries to the use of Ore Equipment on the Work on a Time and Material Basis. GC 8.02.04.06.02 Standby Time 01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by Page 51 Rev. Date: 1112006 OPSS.MUNI 100 the Contract Administrator. is shall include Rented Equipment intended for use on other work, but has been idled due to the sir umstances giving rise to the Work on a Time and Material. Basis. 02 In addition,. the Owner shainGude the Cost of Labour of operators or associated labourers who cannot be otherwise emplo d during the standby period or during the period of idleness caused by the circumstances giving ris to the Work on a Time and Material Basis. .03 The Contract Administrator day require Rented Equipment idled by the arcumstances giving rise to the Work on Time and erial Basis [o be returned to the lessor until Ore work requiring the equipment can be resumed. The Owner shall pay such costs as a result from such return. .04 When Equipment is transpo, ,solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area o ' a Time and Material basis,. payment shall be made by the Owner only in respect of the transporti units. When Equipment is moved under its own power it shall be deemed to be working. method of moving Equipment and the rates shall be subject to the approval of the Contract A ''nistrator. GC 8.02.04.07 Paymenr~for Hand Tools .01 Notwithstanding any other p vision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools d equipment that are tools of the trade. GC 8.02.04.08 PaymenE~for Work By Subcontractors .Ot Where the Contractor arras s for Work on a Time and Material Basis, or a part of it, to be pertormed by Subcontractor on a Time and Material basis and has received approval prior to the commencement of such. in accordance with the requirements of subsection GC 3.09, Subcontracting by the Con ` ctor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subconfractor',calculated as if the Contractor had done the Work on a Time and Material Basis, plus a marku calculated on the following basis: a) 20% of the first $3,000; b} 15% of the amount from #3,000 to $10,000; plus c) 5% of the amount in exc@~s of $10,000. .02 No further markup shall be a~lied regardless of the extent to which the work is assigned or sublet to others. ff worts is assigned sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.09 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 t already submitted to the Contract Administrator during the course of such work. 02 Separate summaries shall be for Payment of Accounts on Directive or Change Order m labour, Materials, and Equip incurred by the Contractor or summary. Page 54 leted by the Contractor according to the standard form. "Summary Time and Material Basis." Each summary shah include the Change ber and covedng. dates of the work and shop itemize separately the est. Invoices fa Materials, Rented Equipment, and other. charges the Work on a Time and Material Basis. sha0 be inGuded with each Rev. Gate: 112006 OPSS.MUNI t00 .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time acrd Material Basis .O7 Clause GC 8.02.04 does not preGude the option of Ore Contract Administrator and The Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of [he work, including all cost of general supervision, administration, and management Ome spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Cert~cate .01 After the acceptance of Ote Work, the Contract Administrator shall issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired- The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obAgafions under the Contract. GC 6.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers empoyed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person empoyed by the Contr~tor or any Subcontractor or other person on the Work is paid less than Ote 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 Records .01 The Contractor shall maintain and keep accurate Reoords relating to the Work, Changes in the Work, Extra Work, and claims arisirx3 Oterefrom. Such Records shall be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all Gaims have been settled, whichever is bnger. The Contractor shall require that Subcontractors empoyed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work, and claims arising therefrom for a similar period of time. .02 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work,. and Changes in the Work at any Ome during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required, whenever requested by the Owner. p~y~ ~ ~ Rev. Date: t1/2006 OPSS.MUNI 100 GC 8.02.08 Taxes 01 Where a change in Canadi Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this cha a could not have been anticipated at the time of bidding, ttte Owner shall increase w decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for; dditional tax cost shall be submitted by the Contractor to the Contract Administrator on forms prov ed by the Contract Administrator to the Contractor. Such Gaims for additional tax costs shall be bmitted not less than 30 Days after the date of Fnal Acceptance. 03 Where the Contractor ben fits fmm a change in Canadian Federal w Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement such benefits. This statement shall be sutxnitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Feder w Provincial taxes that impact upon commodities, which when left in place form part of the finish Work, or the provision of services, where such services form part of the Work and where the m nufac[ure or supply of such commodities or the provision of such services is carried out by Contractor w a Subcontractor, are subject to a claim or benefit as detailed above. Services im the latter wntext means the supply and operation of equipment, the provision of labour,. and the pply of commodities that do not form part of the Work. GC 8.02.Q9 Liquidat Damages .01 When liquidated damages ' e specified in the Contract and the Contractor fails to complete the Work in accordance with the ` ontract, the Contractor shalt pay such amounts as are specified in the Contract Documents. Page 56 Rev. Date: 1ir2006 pPSS.Ml1N1100