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HomeMy WebLinkAbout2009-096 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON i BY-LAW 2009-096 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Cobourg Development Services Ltd., Cobourg, Ontario, to enter into agreement for the Old Scugog Road Reconstruction and Drainage Improvements, Hampton. ii i ' 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, Cobourg Development Services Ltd., Cobourg, Ontario, and said Corporation; and ; I 2. THAT the contract attached hereto as Schedule "A"form part of this By-law. ' I By-law read a first and second time this 29"' day of June, 2009. By-law read a third time and finally passed this 29th day of June, 2009. i I Mayor--_ P e, Municipal'Clerk i ' I ! i i i I ' CORPORATION OF ' THE MUNICIPALITY OF CLARINGTON OLD SCUGOG ROAD ' ROAD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS, HAMPTON CONTRACT NO. CL2009-8 May 2009 t AECOM Project No. 12-29693 AGREEMENT THIS AGREEMENT made in quadruplicate i BETWEEN: COBOURG DEVELOPMENT SERVICES LTD. rof the County of Northumberland and Province of Ontario hereinafter called the Contractor THE PARTY OF THE FIRST PART and- e i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the Purchaser rTHE 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. r 1 Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS i Old Scugog Road Reconstruction and Drainage Improvements, Hampton, Contract No. CL2009-8, Municipality of Clarington Addendum No. 1 dated June 8, 2009 ' A. TENDER FORM: General Pages 1 and 2 Itemized Bid Page 3 to 6 Agreement to Bond Page 7 Schedule of Tender Data Page 8 B. STANDARD TERMS AND CONDITIONS Pages 1 to 11 j C. SCHEDULE 'C'—CONTRACTOR SAFETY Pages 1 to 8 i D. INSTRUCTIONS TO TENDERERS Pages 1 to 6 E. SPECIAL PROVISIONS - GENERAL Pages 1 to 15 F. SPECIAL PROVISIONS-TENDER ITEMS Pages 1 to 13 1 G. DESIGN GUIDELINES H. STANDARD DRAWINGS 1. PLANS: Title Sheet, Index Sheet, Drawings No. 1 -7 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 350 Mar 1998 409 Nov.2005 507 Nov. 2005 128 Current 351 Nov.2005 410 Apr. 2008 510 Nov. 2006 180 Nov.2005 353 Nov.2006 421 Apr. 2008 514 Apr.2008 201 Nov. 2007 355 Nov. 2006 422 Apr. 2004 516 Nov. 2005 206 Nov.2000 361 Mar 1995 501 Nov.2005 532 Jun. 1991 310 Nov. 2008 405 Nov. 2008 503 Nov.2005 541 Nov 2005 311 Apr. 2004 407 Nov. 2007 504 Nov.2005 570 Nov. 2007 314 Nov.2004 408 Nov. 2007 506 Nov.2005 571 Nov. 2007 a I 1 1 577 Nov. 2006 K. GEOTECHNICAL INVESTIGATION— Borehole Logs L. GENERAL CONDITIONS: OPS General Conditions of Contract(November 2006) a I All Plans and Documents referred to in the Specifications. 1 i The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement within 60 working days. 1 r 3 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. i 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. f I i I 3 Page 2 of 3 IN WITNESS WHEREOF,the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor. COBOURG DEVELOPMENT SERVICES LTD. r ) . Date l in the presence of ) i ) Date SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I > errs ayor _- ° Ju _ in the presence of ) _ P arr' Clerk Date i ti 2 P1Dept 12112-296931SpecsiCL2669-8-AGRAOc 1 L� I j Page 3 of 3 3 CONTRACT NO. CL2009-8 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 1 OLD SCUGOG ROAD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS, HAMPTON ADDENDUM NO. 1 ' Contractors are hereby advised of the following modifications to Contract No. CL2009-8: INSTRUCTIONS TO TENDERERS Page 5, Clause 18—ADDENDA—Delete the following two sentences: The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid." and replace with: -The Contractor shall ensure that an addenda Issued during the tendering period are signed and attached as part of the submitted bid. The Contractor must also sign and acknowledge addenda In the space provided on the Form of Tender. Failure to do so may result in the submitted tender being rejected." Add the following clause: 1121. TENDER OPENING MEETING The tender opening meeting is scheduled to take place at 2:15:00 P.M. after the closing time and date in Meeting Room No. 1, Main Floor, 40 Temperance Street,Bowmanville, Ontario and interested bidders are Invited to attend." 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. [/we hereby acknowledge receipt of this addendum. Signed(Must Wilighing Officer of Firm) Position 0 v DLV . ;-zwVic47 . Name of Firm AECOM 513 Division Street Cobourg, Ontario K9A 5G6 June 8, 2009 ND60 12 112-2969319pe VlDD t. PROJECT: TENDER FOR CONTRACT NO. CL2009-8 OLD SCUGOG ROAD, ROAD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS, HAMPTON 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: Cobourg Development Services Ltd. Name P.O. Box 997 609 William Street COBOURG, Ontario K9A 4W4 Address(include Postal Code) Tel: 905-372-4848 Fax: 905-372-5036 Telephone and Fax Numbers tJohn Reyns 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 12112-29693GSpems CL2009-8-TF(Sign Doc).doc Page 1 of 8 pages ' TENDER CONTRACT NO.CL2009-8 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2009-8 Old Scugog Road, Road Reconstruction and Drainage Improvements, Hampton 1 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 entirety if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10)calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 8 pages IITEMIZED 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. CL2009-8 for the following unit prices. Spec. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) Plan Quantity Payment Item Item No. I Spec No. Description Unit Quantity Unit Price Total PART'A': ROADWORKS AND STORM SEWERS Al 201 Site Preparation LS 1,400.00 SP, MOC A2 206 Earth Excavation(Grading) m3 2,580 12.72 32,817.60 SP, MOC (P) A3 577 Erosion and Sediment Control SP Measures a)Light Duty Silt Fence m 20 12.90 258.00 (OPSD 219.180) b) Rock Flow Check(V-Ditch) ea 2 353.69 707.38 1 (OPSD 219.210) A4 510 Removal of Sidewalk m2 162 14.47 2,344.14 SP A5 510 Removal of Catchbasins ea 4 369.57 1,478.28 SP A6 510 Removal of Culverts and Sewers m 125 12.31 1,538.75 SP A7 SP Provisional Item ea 1 236.04 236.04 Excavate to Confirm Utilities A8 410 300 mm Dia. Storm Sewer CLASS 50- m 76.5 166.75 12,756.38 SP, MOC D, Incl. Excavation, Class'B' Bedding and Granular'B' Backfill A9 410 450 mm Dia. Storm Sewer CLASS 50- m 48.5 222.86 10,808.71 SP, MOC D, Incl. Excavation, Class'B' Bedding and Granular'B' Backfill A10 410 525 mm Dia. Storm Sewer CLASS 50- m 13.8 245.35 3,385.83 SP, MOC D, Incl. Excavation, Class 'B' Bedding and Granular'B' Backfill All 410 675 mm Dia. Storm Sewer CLASS 50- m 53.2 330.62 17,588.98 SP, MOC D, Ind. Excavation, Class'B' Bedding and Granular'B' Backfill Al2 410 150 mm Dia. Storm Sewer Laterals, m 72.0 145.25 10,458.00 SP, MOC PVC DR 28, Incl. Excavation, Class'B' Bedding and Native Backfill A13 410, Storm Sewer Cleanouts on 150mm ea 8 290.07 2,320.56 SP, MOC Storm Laterals Page 3 of 8 pages ITEMIZED BID CONTRACT NO. CL201)9-8 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-8 for the following unit prices. Spec. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment Item Item No. Spec No. Description Unit Quantity Unit Price Total A14 410 200 mm Die. Storm Sewer Laterals, m 27 165.10 4,457.70 SP, MOC PVC DR 35, Incl. Excavation, Class'B' Bedding and Native Backfill A15 410 250 mm Die. Storm Sewer Laterals, m 6.2 140.84 873.21 SP, MOC PVC DR 35, Incl. Excavation, Class'B' Bedding and Native Backfill A16 SP, MOC Provisional Item m3 50 64.25 3,212.50 H.L.-8 Blend Clear Stone Bedding with Geotextile A17 SP Pro-Eco-Lite Headwall with Security LS 6,848.67 Grate A18 407 1200 mm Die. Precast Maintenance ea 2 3,800.57 7,601.14 SP, MOC Hole(C-101, C-113) A19 407 1500 mm Die. Precast Maintenance ea 3 5,238.84 15,716.52 SP, MOC Hole (C-102, C-113) A20 407 600 mm x 600 mm Precast Catchbasin ea 5 1,945.52 9,727.60 SP, MOC (C-104, OPSD 400.010) A21 407 600 mm x 1200 mm Precast Twin Inlet ea 1 2,336.44 2,336.44 SP, MOC Catchbasin (C-105, OPSD 400.010) A22 407 Lawn Drain Inlets ea 2 507.16 1,014.32 SP, MOC A23 407, 400 mm Die. Aluminized Steel Type 2, m 27 208.13 5,619.51 SP Corrugated Steel Pipe Culvert, Riveted, 2.0 mm Gauge A24 407, 300 mm Die. Plain Galvanized m 19 205.30 3,900.70 SP Corrugated Steel Pipe Culverts, Riveted, 2.0 mm Gauge A25 407, 800 mm x 540 mm CSPA, Including m 12 613.01 7,356.12 SP Two (2) Manufactured Tees, Excavation, Bedding and Backfill A26 405 100 mm Die. Perforated Corrugated m 326 7.20 2,347.20 SP, MOC Pipe Subdrain with Geotextile A27 501 Water for Compaction and Dust m3 200 20.58 4,116.00 Suppression A28 T 506 Calcium Chloride Flake kg 2,900 1.09 3,161.00 Page 4 of 8 pages 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. CL2009-8 for the following unit prices. Spec. _ The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment Item Item No. Spec No. Description Unit Quantity Unit Price Total A29 314 Granular'B', Type I t 2,950 9.19 27,110.50 SP, MOC A30 314 Granular'A' t 1,600 15.86 25,37650 SP, MOC A31 353 Concrete Curb and Gutter(all types) m 430 48.40 20,812.00 SP, MOC A32 312, Asphalt Gutter as per OPSD 601.010 m 110 19.25 2,117.50 MOC SP A33 351 Concrete in Sidewalk m2 62 58.93 3,653.66 SP, MOC A34 355,510 Remove and Salvage and Relay Brick m2 10 77.00 770.00 SP, MOC Pavers A35 SP Sawcutting m 80 4.95 396.00 A36 310 Hot Mix H.L.-8 t 400 100.10 40,040.00 SP,MCC A37 310 Hot Mix H.L.-3 t 220 159.50 35,090.00 SP, MOC A38 SP Asphalt Cement Price Adjustment LS 2,000.00 2,000.00 Allowance tA39 SP Ditching: a) Gradall hrs. 4 251.59 1,006.36 b) Triaxle Dump Truck hrs. 4 93.50 374.00 A40 511 Rip Rap on Geotextile m2 20 38.65 773.00 SP A41 571, 571 Topsoil(Imported) m2 2,100 4.40 9,240.00 SP, MCC A42 570, 571 Sod(Nursery, Unstaked) m2 1,800 2.64 4,752.00 SP, MOC A43 570, 571 Sod(Nursery, Staked) m2 300 2.97 891.00 SP, MOC A44 SP Miscellaneous Works LS 5,000.00 5,000.00 Total Part'A'(carried to Summary) 355,789.30 Page 5 of 8 pages ITEMIZED BID CONTRACT NO.CL2009-8 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specked for Contract No. CL2009-8 for the following unit prices. Spec. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SID Refers to Special Provisions (P) - Plan Quantity Payment Item Item No. I Spec No. Description Unit Quantity Unit Price Total PART'S': GENERAL ITEMS B1 SP Pre-Condition Survey LS 4,779.50 B2 SP Mobilization and Demobilization LS 4,032.92 B3 SP Bonds, Insurance and Maintenance LS 5,816.25 Security Total Part'B'(carried to Summary) 14,628.67 SUMMARY- Total Part'A'-Roadworks and Storrs Sewers 355,789.30 ' Total Part'B'-General Items 14,628.67 Total (excluding GST) 370,417.97 t GST(5"/0 of Total) 18,520.90 TOTAL TENDER AMOUNT 388,938.87 Tenderer's GST Registration No. 101038214 RM1 pt 12112-2%931.SpemgCL2U0 -ItemBid(Si9n D=).;ds]Sheet1 Page 6 of 8 pages r AGREEMENT TO BOND(to be completed by Bondina Company) CONTRACT NO.CL2009-8 WE, the Undersigned, HEREBY AGREE to become bound as Surety for Cobouro Development Services 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°/x) 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.CL2009-8 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT TORONTO this 10th day of June 2009 Dominion of Canada General Insurance Company Name of Bonding Company Stephanie Louoanov (BONDING COMPANY SEAL) Signature of Authorized Person Signing for Bonding Company Attorney-In-Fact Position (This Form shall be completed and attached to the Tender Submitted). Page 7 of 8 pages SCHEDULE OF TENDER DATA CONTRACT NO.CL2009-8 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 6 Agreement to Bond Page 7 Schedule of Tender Data Page 8 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 6 E. SPECIAL PROVISIONS-GENERAL Pages 1 to 15 F. SPECIAL PROVISIONS-TENDER ITEMS Pages 1 to 13 G. DESIGN GUIDELINES H. STANDARD DRAWINGS 1. PLANS: Title Sheet, Index Sheet, Drawings No. 1 -7 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 350 Mar 1998 409 Nov.2005 507 Nov.2005 128 Current, 351 Nov.2005 410 Apr.2008 510 Nov. 2006 180 Nov. 2005 353 Nov.2006 421 Apr.2008 514 Apr.2008 201 Nov. 2007 355 Nov.2006 422 Apr. 2004 516 Nov.2005 206 Nov. 2000 361 Mar 1995 501 Nov.2005 532 Jun. 1991 310 Nov. 2008 405 Nov.2008 503 Nov.2005 541 Nov 2005 311 A r.2004 407 Nov.2007 504 Nov.2005 570 Nov.2007 314 Nov. 2004 408 Nov.2007 506 Nov.2005 571 Nov.2007 577 Nov.2006 K. GEOTECHNICAL INVESTIGATION —Borehole Logs 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, so that it is able to do business in Ontario. Yes X No The Bidder hereby acknowledges receipt of the following Addenda to the Bid Documents: Initials Addendum No. 1 Date of Issue June 8. 2009 J.R. Addendum No. Date of Issue Addendum No. Date of Issue Failure to acknowledge all Addenda issued may result in the bid being rejeoted. " ~ By my/our signature hereunder, [Ave hereby identify this as the Schedule of Tender 0&a Plans:@nd Specifications, for Contract No. CL2009-8, executed by me/us bearing date 10th--dalof Junk ;2009 and we have fully read all related documents to tender data as listed above. SIGNATURE: s. POSIITtgk: tr ident NAME OF FIRM oboura Development Services Ltd. (COMPANY SEAL) privacy Legislation Federal legislation governs the collection and use of pesmal information from individuals. We represent and warrant to Me carer that m have obtained the CONSENT d any and all employees whose personal information we have supplied to Me owner in this tender. This personal information,which Inductee.but is M limited to,the employees names,education,work and project history,professional designations and qualifications, This CONSENT permits the owner to disclose this personal idmmalion to the Engineer(owner a aged)for Me purpose of evaluating our bid. In the event that Me tender is successful,this personal information may also be used in project administration,far contact purposes. This is Page 8 of 8 pages to be submitted as the Tender Submission for Contract No. CL2009-8. I II I CORPORAf LION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-8 i II 'I �I i STANDARD TERMS AND CONDITIONS P:\Dept 12\12-29693\Spec5lCL2009�8-T&C.doc i i i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 1 of 11 The Municipality of Clarington.'�"Standard Terms and Conditions"shall apply to this Contract except where noted below. • Clause 8 of the" ndard Terms and Conditions"shall be superseded by Clause 8,"Payments" of the"Special Proii-sions=General" Section of the Contract • Clause 15 of the ndard Terns and Conditions"shall be superseded by Clause 2, "Guaranteed Mai ante"of the"Special Provisions—General"Section of the Contrail 1 The first paragradl of Clause 16 of the"Standard Terms and Conditions"is not applicable to this Contract • The first paragrap of Clause 23 of the"Standard Terms and Conditions"shall be superseded by Clause 6.03.02 of the OPS General Conditions of Contract(November 2006)which requires a$5,000,000.00 li 'lily coverage. • Clause 26 of the"Standard Terns and Conditions"shall be superseded by Clause 18, "Workplace Hazarrous Materials Information System(WHIMIS)"of the"Special Provisions— General" Section Of the Contract 'I I i I� i II THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 2 of 11 SCHEDULE(B) STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality-The Corporation of the Municipality of Clarington, its successors and assigns. Bidder-The person,firm or corporation submitting a tad to the Municipality. Company -The person, contractor, firm or corporation to whom the Municipality has awarded the contract, It successors and assigns. Contract - The purchase order authorizing the company to 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, fodures, services, supplies, and acts required to be done, furnished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#2006- 127 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must riot be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible,written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list A bid received after the closing date and time will not be considered and will be returned, unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity,the decision of the Municipality shall be final. j THE COfRPORATiON OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 3 of 11 SCHEDULE(S) STANDARD TERMS AND CONDITIONS (continued) 3. CONTRACT The contract consise of the documents aforementioned as defined in Section 1, Definitions, Contract. The contract and pons thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is ft and suitable for the Municipality's intend and complete for a particular purpose. None of the condi' contained in the Bidder's standard or general conditions of sale shall be of any effect unless exp icitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF�HE DOCUMENT Any clarification of * document required by the Bidder prior to submission of its bid shall be requested throughti� Municipality's contact identified in the document. Any such clarification so given shall not in atry way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or employee of the Municipality is authorized to after orally any portion of the document. 5. PROOF OF ABILITY The bidder may berequired to show, in terms of experience and facilities, evidence of its ability, as well as that of any prced subcontractor,to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stat ad, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of efivery or completion after receipt of a purchase order therefore. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall pany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver all not bind the Municipality to accept the work covered Hereby, or the particulars of the dell ticket or piece tally thereof. Work shall be subjeclito further inspection and approval by the Municipality. The Company shall responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the e�sence of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 4 of 11 SCHEDULE(B) STANDARD TERMS AND CONDITIONS(continued) 7. PRICING Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contract Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as 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 clarification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, 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 claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 5 of 11 SCHEDULE(B) STA DARD TERMS AND CONDITIONS(continued) The company shall p�y all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shaft forth th 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 longs infringes. 10. ALTERNATES Any opinion with regd�rd to the use of a proposed alternate determined by the Municipality shall be final. Any bid propos�g an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of thelMunicipality. i 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is a tilled to request of the Company to furnish reasonable evidence that financial arrangements have made to fulfill the Company's obligations under the Contract 14. LAWS AND REGULATIONS The company shall ply with relevant Federal, Provincial and Municipal statues, regulations and by-laws pertaining to a work and its performance. The company shall be responsible for ensuring similar compliance byisuppliers and subcontractors. The contract shall b II governed by and interpreted in accordance with the laws of the Province of Ontario. 15. CORRECTION OF*ECTS If at any time prior to one year after the actual delivery date or completion of the work(or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the Dontract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the 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, or 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, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official dosing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. The Municipality reserves the right to reject a Bid from any Bidder based on the following considerations: • a Bidder or a subcontractor of a Bidder has an outstanding legal action against the Corporation, or the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder; • a Bidder owes money including, but not limited to outstanding property taxes owed to the Corporation;and • a Bidder is not in comphance with the Corporation's Corporate Policies and bylaws including Property Standards By-law. 17. DEFAULT BY COMPANY a. If the Company commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. b. If the Company fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or 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 contract C. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the constriction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; C THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 7 of 11 SCHEDULE(B) STAiIJDARD TERMS AND CONDITIONS(continued) ii) with; kJ any further payments to the company until the completion of the work and the expiry of all obligations under the Comection of Defects section; W) er from the company loss, damage and expense incurred by the Municipality by reason of the company's default(which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCE LATION The Municipality s have the right, which may be exercised from time to time, to cancel any uncompleted or un FOolm portion of the work or part thereof. In the event of such cancellation; the Municipality anpany may negotiate a settlement. The Municipality shall not be liable to the Company for anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise speAed herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. j 20. SAMPLES Upon request, sampk s must be submitted strictly in accordance with instructions. If samples are requested subseque to opening of bids, they shall be delivered within three (3) working days following such requej t, unless additional time is granted. Samples must be submitted free of charge and will be re urned at the bidder's expense, upon request, provided they have not been destroyed by tests,or,3re not required for comparison purposes. The acceptance of ample! by the Municipality shall be at its sole discretion and any such acceptance shall in way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tends shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirer ents by providing a deposit in the form of a certified cheque, bank draft or money order or other 3rm of surety, in an amount determined by the Municipality. This surety may be held by the Municil 31ity until 60 days after the day on which all work covered by the contract has been completed and . The surety may be returned before the 60 days have elapsed providing satisfactory vidence is provided that all liabilities incurred by the company in carrying out the work have a or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety InsrJrance Board has been received. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 8 of 11 SCHEDULE(B) STANDARD TERMS AND CONDITIONS (continued) The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKPLACE SAFETY AND INSURANCE BO ARD All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors/Owners/Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: • Single Independent Contractors / Owners I Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining worker/Independent Operator status', issued by the Workplace Safety & Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) • Single Independent Contractors/Owners/Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. • The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The 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. Z f THE COF PORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 9 of 11 SCHEDULE(B) STANDARD TERMS AND CONDITIONS(continued) The policy shall include the Municipality as an additional insured in respect of all operations performed by or on Jehalf of the Company. A certified copy of such policy or certificate shall be provided to the mun. 'pality prior to commencement of the work. Further certified copies shall be provided upon request The Policies shall be endorsed to provide that the Municipality is to receive not less than 30 days notice in writing in advance of any cancellation, material amendment, or change restricting coverage. Written no"shall be personally delivered to or sent by registered mail to the Agency. The Company will enure that any and all Subcontractors also have valid Insurance coverage. 24. LIABILITY The company agreTent' defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demlosses, costs, charges and expenses whatsoever for all damage or injury including death to erson and all damage to any property which may arise directly or indirectly by reason of a req of the contract, save and except for damage caused by the negligence of the Municipality or Rt s employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, ps nalties and costs that may be incurred or paid by the Municipality if the Municipality or any al its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract 25. VISITING THE SITE The Company shall refully examine the site and existing building and services affecting the proper execution of a work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site: ich were visible or reasonably inferable, prior to the date of submission of Bid. Bidders shall acpt sole responsibility for any error or neglect on their part in this respect. 26. SAFETY The Company shall y all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Ordersan-Council an y4aws, which could in any way pertain to the work outlined in the Contract or to the Employeesrr the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor;a Construdtor and/or Employer with respect to or arising out of the performance of the Company's obligatio under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous terials. I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION 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 Gear of liens, attachments,claims, demands,charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the Company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and-completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. 31. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT(MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer,including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 11 of 11 SCHEDULE(B) STANDARD TERMS AND CONDITIONS(continued) 32. CRIMINAL BACKGROUND CHECKS "The successful serice provider covenants and agrees to provide the Municipality of Clarington, or such other entity s the Municipality may designate, with written consent to perform-a criminal background check eluding Criminal Code (Canada) convictions, pardoned sexual offences, record's or convicti under the Controlled Drugs and Substances Act, Narcotics Control Act and Food and Drugs and all outstanding warrants and charges for every individual who may come into direct con with youth or who are permitted entrance to private or restricted areas or residences. This will done at no cost to the Municipality and any such requested document will be submitted to the unicipality in its true form in advance of commencement of work. The Municipal issuec I identification card must be wom when individuals are at a site where there is direct contact with youth or where access to any private or restricted area is anticipated. The Municipal identificati n card is valid for the term of the contract only or a one year term, whichever comes Under the terms of the contract, the Municipality has the sole and unfettered discretion to prohibit an individual from coming into direct contact with youth or entering a private ok restricted area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew the Municipal identification cards according to Municipal policy and procedure` The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately and unilaterally and without penalty to the Municipality should the service provider fail to provide the required documentation or otherwise adhere to this procedure. "The Chief Administrative Office(has the final say in determining any final action.' I'I I i i I I I I I I CORPORATION OF THE MUNICIPALITY OF CLARINGTON I CONTRACT NO. CL2009-8 i i I I I I , I,I I Ii SCHEDULE 'C' 'I I PADept 1 211 2-29 7 3 21SpecsNncomp %CL2009-8-Schedule(C).doc 1 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and S IY-contractors are responsible to ensure that their personnel are updated on all safe corlcems of the workplace and are aware of the safety requirements as wired by the Contractor the Occupational Health and Safety Act. Safety perfo ance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act(Section 23 (1), (2)), it is the constructor's responsibility to ensure that: • the measures and procedures prescribed by the Occupational Health and Safety Act and the(Regulations are carried out on the rp oiect; • every empl yer and every worker performing work on the proee ct complies with the Occuponal-Health and Safety Act and the Regulations (under the Act); and • the health acrd safety of workers on the rp oleo is protected. • Where so prescribed, a constructor shall, before commencing any work on a project, giv to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor-any individual or firm engaged by the Municipality to do work on behalf of the Municipality. 1 Project- means a construction project, whether public or private, including, • the construterdam,of a building, bridge, structure, industrial establishment, mining plant, shaft nel, caisson, trench, excavation, highway, railway, street, runway, parking lot, conduit, sewer, watermain, service connection, telegraph, telephone of electrical cable, pipe line, duct or well, or any combination thereof, the moving Of a building or structure, and • any work or undertaking, or any lands or appurtenances used in connection with construction Construction - inclucles erection, alteration, repair, dismantling, demolition,structural maintenance, paint]rig, land clearing, earth moving, grading, excavating, trenching, digging, boring, drill ng, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. I 3 2 �. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Constructor-means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. Project Manager-means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project,the project manager or delegate must determine whether any designated substances/hazardous materials are (or will be)present at the site and prepare a list of all these substances. b) The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. C) The request for tender/quotations will require prospective contractors to include a list of the designated substancesthazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s)will be required to complete and sign the Health and Safety Practice Form(Schedule"Cl"). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. g) The project manager or delegate must provide the successful contractor with a workplace orientation, which will include, but not limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientation/Job Safety Instruction Checklist to be completed(see Compliance page 9). h) Before the start of the assignment, the following documentation will be provided to the successful contractor, by the project manager or delegate. i) Copies of the Municipal Corporate Health and Safety Program ii) Departmental health and safety policies iii) Workplace procedures regarding health and safety practices. i 3 SCHEDULE (C) CONTRACTOR SAFETY,Ii r POLICY AND PROCEDU�E Continued... i) The contra or has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s)fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on I he site until the person(s) complies. j) The Munici ality will retain the right to document contractors for all health and safety wa ngs and/or to stop any contractors'work if any of the previously mentioned ems are not in compliance. Similarly, the Municipality will have the right to iss ` warnings and/or to stop work if there are any violations by the contractor the Occupational Health and Safety Act, Municipal Health and Safety progirams, policies, rules, and/or if the contractor creates an unacceptable health and #afety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "C3"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupation I Health and Safety Act, in any unsafe conditions. 1) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibili y for ensuring contractor compliance to this policy falls upon the project marr,iger or designate. This will include identification, evaluation and control prad ces and procedures for hazards and follow-up and issuing of Contractor li, ealth and Safety Waming/Stop Work Orders. ii 'ICI i II Ili I I I I 4 SCHEDULE (Ct) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accidentlncident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. • The New Experimental Experience Rating (NEER) -The WSIB experience rating system for non-construction rate groups ............................................................................................. • The Council Amended Draft#7 (CAD-7) Rating -The WSIB experience rating system for construction rate groups ............................................................................................. • Injury frequency performance for the last two years -This may be available from the contractor's trade association ............................................................................................. • Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). • Confirmation of Independent Operator Status i -The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) r 5 SCHEDULE (C2) CONTRACTOR SAFETY I POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor ng for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific policies and procedures and other applicable legislatien 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. 1. The contr or/successful tenderer certifies that it, its employeeg,its subcontrad ors and their employees, a) are iware of their respective duties and obligation»;rimer the — Occ ipational Health and Safety Act, as amended)rerrttimefc_i*e, a6cF. all Regulations thereunder(the"Act'); and ^- b) have sufficient knowledge and training to perform alle pursuant to this contractAender safely and in compliarT Ab tlaii 4c 2. In the perfotmance of all matters required pursuant to this contract/tender, the contractods�ccessful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensre that its employees, it subcontractors and their employees act saf y and complying all respects with the Act. 3. The contra or/successful tenderer shall rectify any unsafe act or practice and any non ca pliance with the Act at its expense immediately upon being notified by any pe n of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality' a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; 4 6 SCHEDULE (C2) CONTRACTOR SAFETY ` a POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contractItender; and C) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contractftender. Gg QC=.VEVozdpr"rW7'... V1C_hA _??2........�.014#.L)..AEYI7 "t gjtractWi " Name of Person Signing for Contractor .... L..... ............................0 /09............................... Signat r oor Date ■ T SCHEDULE (C3) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... r CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form ial to: (Issuer to check one of the following) _ Provide warning to the contractor to immediately discontinue the unsafe work practice described below _ Direct the contract to immediately cease all work being performed under this contract due to the unsafe vrork practice described below. FAILURE TO COMPLY W! H THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT` PART "K- DETAILS OF CONTRACT CONTRACTIP.O. # DESCRIPTION: I NAME OF FIRM: I I I I I 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 WARNINGISTOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. r t r CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-8 i 1, INSTRUCTIONS TO TENDERERS I� PADept 12112-29693\Specs\CL2009-8-IT.doc INDEX ' INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2009-8 CLAUSE SUBJECT PAGE 1. GENERAL.......................................................................................................................................................... 1 2. BLANK FORM OF TENDER........................................................................................................................... 1 3. TENDER DEPOSITS........................................................................................................................................2 4. BONDS...............................................................................................................................................................2 5. RIGHT TO ACCEPT OR REJECT TENDERS.............................................................................................2 6. UNACCEPTABLE TENDERS......................................................................................................................... 3 7. ABILITY AND EXPERIENCE OF TENDERER............................................................................................ 3 8. PROVINCIAL SALES TAX.............................................................................................................................. 3 9. GOODS AND SERVICES TAX (GST)........................................................................................................... 3 10. EXECUTE CONTRACT DOCUMENTS........................................................................................................ 3 ' 12. LOCATION COMMENCEMENT OF WORK......................................................................................................................4 I� 13. SOILS INFORMATION .................................................................................................................................... 4 14. TENDERERS TO INVESTIGATE .................................................................................................................. 4 3 15. INQUIRIES DURING TENDERING............................................................................................................... 4 ' 16. AWARD OF THE CONTRACT.......................................................................................................................4 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR..............4 18. ADDENDA.......................................................................................................................................................... 5 19. UTILITIES........................................................................................................................................................... 5 20. PROVISIONAL ITEMS..................................................................................................................................... 5 21. TENDER OPENING MEETING...................................................................................................................... 6 rPAGE ONE INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2009-8 1. GENERAL ' SEALED Tenders plainly marked"Contract No. CL2009-8"will be received until: 2:00:00 P.M., LOCAL TIME,WEDNESDAY,JUNE 10,2009 ' and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 rTenders 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. rIn the event that the Tender is hand delivered and is received past the deadline for submission, the Tender envelope will be time stamped and returned unopened to the deliverer immediately. In the event that the Tender is received by a means other than `in person' and is received past the submission deadline, it will be time stamped and returned unopened by courier. Note: Since Tenders must be submitted in a sealed envelope, submissions by facsimile or electronic delivery,secured or otherwise,are not acceptable. The onus unequivocally remains with the Bidder to ensure that Tenders are delivered to the Municipal Clerk, Clerks Office, 2nd Floor, before the deadline for submission, in accordance with the submission instructions. Requests for adjustments to submitted Tenders by telephone, fax or electronically will not be considered. The Municipality shall not be liable for any cost of preparation or presentation of Tenders, and all Tenders and accompanying documents submitted by the Bidder become the property of the Municipality and will not be returned. There will be no payment to Bidders for work related to and materials supplied in the preparation, presentation and evaluation of any Tender, nor for the Contract negotiations whether they are successful or unsuccessful. The Municipality, its elected officials, employees and agents shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Bidder, prior or subsequent to, or by reason of the acceptance,or non-acceptance by the Municipality of any Tender, or by reason of any delay in the acceptance of any Tender. r2. 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. r INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-8 2, 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. Toth �5ttl(AmountJlinimum 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 ' All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract , Documents. The retained tender deposits will be returned when the successful Tenderer has fully complied ' with the conditions outlined in the Contract Documents. 4. BONDS ' The Contractor is required to provide a Performance Bond, and a Labour and Material Payment , Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or ' authorized to carry on business in Canada. An Agreement to Bond must be submitted with the tender bid. Bonding company standard ' "Agreement to Bond"forms are acceptable. 5. RIGHT TO ACCEPT OR REJECT TENDERS ' The Authority reserves the right to reject any or all tenders or to accept any tender should it be ' deemed to be in its best interest to do so. Tenders which are incomplete, conditional or obscure, or which contain additions not called for, , erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-8 3. ' 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER ' The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. 8. PROVINCIAL SALES TAX ' Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. ' 9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 90 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to ' cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK I' 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. 9 I INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-8 4. 12. LOCATION ' The work is located on Old Scugog Road from Millville Avenue to Ormiston Street in Hampton, Municipality of Clarington. ' 13. SOILS INFORMATION ' Geotechnical investigations have been undertaken on behalf of the Municipality of Clarington. The results provided are for information only and are not guaranteed by the Authority. A copy of the Borehole Logs is included with the Tender Documents as listed in the"Schedule of Tender Data'. A copy of the entire Geotechnical Report may be provided upon request. 14. TENDERERS TO INVESTIGATE ' Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are ' commensurate with the nature of the work. It shall be the 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: , Troy MacArthur, C.E.T. or Will McCrae P.Eng. 16. AWARD OF THE CONTRACT t The award of this Contract is subject to the approval of the Municipality of Clarington. ' 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR r"Authority"or"Cor oration"appears in this Contract it shall be Wherever the word "Owner o p pp , interpreted as meaning the Corporation of the Municipality of Clarington. Wherever the word "Ministry", W.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. INSTRUCTIONS TO TENDERERS CONTRACT NO.CL2009-8 5. 18. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are signed and attached as part of the submitted bid. The Contractor must also sign and acknowledge addenda in the space provided on the Form of Tender. Failure to do so may ' result in the submitted tender being rejected. ' 19. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: ' Veridian Hydro: Mr. Peter Petriw, P.Eng. Tel: (888)-445-2881 ' Bell Canada: Ms. Kimberly MacLellan Tel: (905)433-3061 EnbridgelConsumers Gas: Mr. Jamie Rochford Tel: 416-758-7936 Cable TV Ms. Cindy Ward Tel: 905-436-4138 Hydro One Mr. Jim Hisson Tel: (905) 623-1071 Veridian Hydro Mr. Peter Petriw, P.Eng. ' Tel: (888)445-2881 Clarington Street Lighting Clarington Operations ! ' Ms. Sue Arends Tel: (905)263-2292 i Durham Region Durham Region Traffic Depot Traffic Signals Tel: (866)-786-8116 20. PROVISIONAL ITEMS After the tender closing the Items in the Itemized Bid noted as being"Provisional' may have i' quantities modified or may be deleted from the Contract at the sole discretion of the Owner without negotiating with the bidders regardless of the percentage of the Tender the individual or combined"Provisional Items' represent. No consideration for loss of overhead costs will be considered should these Items be deleted from the Contract. ( ( INSTRUCTIONS TO TENDERERS CONTRACT NO.CL2009-8 6. 21. TENDER OPENING MEETING ' The tender opening meeting is scheduled to take place at 2:15:00 p.m. after the closing time and date in Meeting Room No. 1, Main Floor,40 Temperance Street, Bowmanville, ' Ontario and interested bidders are invited to attend. i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-8 9 SPECIAL PROVISIONS - GENERAL P:\Dept 12\12-29693\Specs\CL2009-8-SPG.doc � I J INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2009-8 ' 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.........................................................................................................................................3 9. UTILITIES............................................................................................................................................3 ' 10. DUST CONTROL...............................................................................................................................4 11. TRAFFIC CONTROL, FLAGGING..................................................................................................4 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS.........................................................4 13. MAINTENANCE OF TRAFFIC.........................................................................................................5 14. EMERGENCY AND MAINTENANCE MEASURES......................................................................6 15. ENGINEERING FIELD OFFICE.......................................................................................................6 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL.......................................................6 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES.......6 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHIMIS) ....................7 I 19. SPILLS REPORTING........................................................................................................................8 20. PROTECTION OF WATER QUALITY............................................................................................8 21. TRAFFIC AND STREET SIGNS......................................................................................................8 22. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE.....................................................9 23. ASPHALT MIX DESIGNS .................................................................................................................9 24. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES...............................................................................................................................................9 25. CONFINED SPACE ENTRY.............................................................................................................9 26. ENTRY ONTO PRIVATE PROPERTY.........................................................................................10 27. STORAGE AREAS...........................................................................................................................10 28. ENVIRONMENTAL PROTECTION PLAN ...................................................................................10 29. GENERAL LIABILITY INSURANCE..............................................................................................12 30. CONSTRUCTION LIEN ACT.........................................................................................................12 31. PAYMENT FOR ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S PERFORMANCE GRADED ASHPALT CEMENT PRICE INDEX..12 32. VARIATIONS IN TENDER QUANTITIES.....................................................................................14 33. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR ................................................................................................................................15 1 PAGE ONE SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL2009-8 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 I (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 j Time means the time stipulated herein for Completion of the Work as defined in Clause I , GC1.06. (2) Progress of the Work and Contract Time The Contractor shall not commence the work or deliver anything to the work area until July 6, 2009, and shall accomplish completion of this contract as defined in GC1.06 of the General Conditions on or before August 28, 2009. ' If the Contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the Contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to 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 SPECIAL PROVISIONS-GENERAL ' CONTRACT NO.CL2009-8 2. impracticable and extremely difficult to ascertain and determine the actual loss or damage which ' the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or t 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 t 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. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-8 3. 8. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1/2 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07.03(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04.03. 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. 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 Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. Payments made hereunder, including final payment shall not relieve the Contractor from its obligations or liabilities under the contract. The Authority shall have the right to withhold from any sum otherwise payable to the Contractor such amount as may be sufficient to remedy any defect or deficiency in the work pending correction of it. 9. UTILITIES 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." I SPECIAL PROVISIONS-GENERAL ' CONTRACT NO. CL2009-8 4. The Authority will be responsible for the relocation of utilities where required. However, no claims t will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings are based on the ' investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to 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. If required a minimum of two (2)TC-67 signs shall be supplied and erected by the contractor ' at contract limits with approved text, as directed by the Contract Administrator. i 1 SPECIAL PROVISIONS -GENERAL CONTRACT NO.CL2009-8 5. 1 13. MAINTENANCE OF TRAFFIC The Contractor will be permitted to close Old Scugog Road to through traffic from Millville Avenue to ' Ormiston Street to accommodate the underground and surface improvements and will be responsible for submitting a detour route for traffic to by-pass Old Scugog Road for approval by the Contract Administrator. Ormiston Street and Ormiston Lane are"Dead- End"streets. Local Traffic must be maintained to these areas at all times. The Contractor shall ensure that every reasonable effort shall be made to provide vehicular access to homes and other properties within the limits of the project at the end of each working day. Where this is not possible prior arrangements must be made with affected home owners. No road closures of Old Scugog Road, north of Ormiston Street will be permitted. The Contractor will be required to maintain traffic in both directions north of Ormiston Street to accommodate the underground improvements.The Contractor may wish to temporarily close one(1) lane of traffic in ' accordance with the procedures outlined in the latest edition of OTM Book 7(Ontario Traffic Manual), to facilitate construction of the improvements. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Engineer. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surface within the Contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the Contract limits and within the Contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. 1 The Municipality will place the initial advertisements for the road closure. It will be the Contractor's responsibility to keep the Police, Fire, Hospital and Ambulance services informed of any changes to the road closure. It is the responsibility of the Contractor to visit the site to become familiar with existing traffic volumes and patterns. No specific AADT (Average Annual Daily Traffic) is available at this time. However, the Contractor shall take into consideration all traffic into and out of the job site area as will occur during regular working hours. No claims for delays due to traffic will be considered for compensation. The Contractor shall be responsible for all detour signing outside contract limits. SPECIAL PROVISIONS -GENERAL , CONTRACT NO. CL2009-8 6. 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 t 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 Contractors negligence, act of God, or any cause whatsoever. It shall be the Contractors 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: ' Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. .2 Subsection 180.07.02,Conditions on Management as Disposable Fill, shall be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 180-1, OPSF 180-2, OPSF 180-3 and OPSF 180-4 and 180-5 for use where appropriate with respect to disposal of excess material. 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1)of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. 1 SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2009-8 7. Designated Identified on this Site Location Substance 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 Ovedea Boulevard, Toronto, Ontario M41-11 1AB, of the location(s)proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. ' In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns has been addressed. All costs associated with the removal and disposition of Designated Substances herein 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. I18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHIMIS) Reporting Section GC4.03.06 is deleted and replaced with the following: Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application ' of products controlled under WHMIS shall be labeled. q SPECIAL PROVISIONS -GENERAL CONTRACT NO.CL2009-8 8. 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.O. 1990. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 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. 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. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-8 9. ' 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 for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. 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. a 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 213/91, 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 I 4 ' SPECIAL PROVISIONS-GENERAL , CONTRACT NO. CL2009-8 10. • 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 Clause GC7.03.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The r storage of materials and movement of equipment will only be allowed for normally accepted construction practices. 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 all bodies of water. 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 any watercourses, 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. SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2009-8 11. • All disturbed areas shall be topsoiled (if necessary)and re-vegetated immediately after final grading is completed. • Construction procedures and handling/storage of toxic materials shall conform to Ontario Ministry of the Environment regulations. • Stockpile or spoil materials shall be prevented from entering any watercourse. No grading or concrete pours shall occur over or close to the water without adequate barrier measures in place beforehand. The Contractor shall advise the Engineer in advance of placement of any stockpiled material so that the Engineer can determine what protective measure, if any, are necessary. Any in-water works(i.e. channel tie-ins, pumping, etc.)will only be permitted during the period from July 1 to September 15. • All activities, including maintenance procedures, must be controlled to prevent the entry of petroleum product, silt, debris, rubble, concrete or other deleterious substances into the watercourse. Vehicular refueling and maintenance, including the storage of fuel containers, must be conducted 30 m away from the watercourse banks. • Maintenance of all proposed vegetation, once established, will be a critical component of the contract during the guarantee period. All temporary erosion and sediment control structures constructed (except dewatering traps)will remain in place during this period unless the Engineer requests their removal. Prior to the end of the guarantee period, if all vegetation has established successfully, these measures shall be removed (upon notification by the Engineer)as noted under their particular items in the Special Provisions-Tender Items. • All dewatering discharges must be directed to a dewatering trap. Materials from the excavation of the trap shall be removed from the site or controlled as the Engineer directs. The Contractor shall be wholly responsible for the adequate design and maintenance of the dewatering system (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 watercourses 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 s 1 Special Provisions-General and the Contract Items, will form an integral part of the project Environmental Protection Plan. I SPECIAL PROVISIONS -GENERAL CONTRACT NO.CL2009-8 12. 29. GENERAL LIABILITY INSURANCE ' The Municipality of Clarington, Courtice Lion's Club 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. 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. ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-8 13. 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(lp— 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 e 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 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 of anti-stripping additive will be deducted from the quantity of new asphalt cement. No other deductions will be made for any other additives. For progress payment purposes, a final adjustment amount will be calculated once all asphalt has been placed. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-8 14. 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'. i r t rSPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2009-8 15. 1 r 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 i 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. CL2009-8 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, r ........................... Signature Property Owner's Name............................Lot......Concession.......... rMunicipality 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. l r x �r i t 1 i t CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-8 I SPECIAL PROVISIONS -TENDER ITEMS PADept 12\12-29693Zpecs\CL2009-8SP-TI.doc PAGE ONE SPECIAL PROVISIONS-TENDER ITEMS ' CONTRACT NO. CL2009-8 ' ORDER OF PRECEDENCE Where a Specification or Standard exists in the Municipality of Clarington"Design Guidelines and Standard Drawings"for any element of the works, the Municipality of Clarington Specification or Standard shall take precedent over the contract"Special Provisions—Tender Items"or the"Ontario Provincial Standards". PART 'A' ROAD WORKS AND STORM SEWERS SITE PREPARATION—ITEM NO.Al tUnder this Item and for the lump sum bid, the Contractor shall undertake the following: • Protecting all wells and septic beds during construction processes. • Remove, and Store Benches and Garbage Can in front Hampton Community Center, prior to Contract completion, reinstate as directed by the Contract Administrator. • Maintain 911 Signs throughout construction. • Relocation of Plant Material and Gardens as shown on the Contract Drawings. • Remove and Salvage of Post at Sta 1 +267, including removal and disposal of any concrete. Payment for concrete placement shall be paid for as a part of the concrete sidewalk item. EARTH EXCAVATION(GRADING)—ITEM NO.A2 ' Payment under this Item shall include: • Removal and disposal of asphalt from Old Scugog Road, including Millville Avenue and Ormiston Street. • Outside the limits of full excavation, (Sta 1 +260 to Sta 1 +294.6 and Sta 0+ 975.6 to Sta 0+988.5) the Contractor shall take Care during excavation processes to ensure little disturbance to underlying granular material. • Removal and disposal of asphalt from entrances. • Excavation in private entrances and boulevards. • Proof rolling of subgrade. The estimated quantities under this Item are as follows: Earth cut(excluding earth stripping) 2370 m3 Earth Stripping 210 m3 EROSION AND SEDIMENT CONTROL MEASURES—ITEMS NO A3 a)AND A3 b) For the unit price bid the Contractor shall supply, install, and maintain all erosion or sediment control measures throughout the project limits, as directed by the Contract Administrator and as shown on the Contract Drawings. The Contractor shall also remove all erosion and sediment control measures upon stabilization of the site location. SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO.CL2009-8 2. REMOVAL OF SIDEWALK-ITEM NO.A4 Concrete rubble resulting from sidewalk removal shall be disposed of off the site at a location arranged for by the Contractor. The unit price bid shall include for sawcutting at limits of removal as required. Payment shall also be made under this Item for removal of private concrete walkway. Payment shall also be made under this Item for removal of concrete sidewalk at 150mm diameter storm sewer lateral locations, as required to accommodate lateral installation, and as directed by the Contract Administrator. Work to be paid for under this item will also include for removal, and disposal of existing sidewalk on the , east side of Old Scugog Road that requires repair. The unit price bid shall include for sawcutting at limits of removal as required. All locations for sidewalk removal shall be directed by the Contract Administrator prior to any work is undertaken under this Item. REMOVAL OF CATCHBASINS —ITEM NO.A5 All frames, grates, covers and concrete rubble resulting from structure removal shall be disposed of off the site at a location arranged for by the Contractor. Void left by structure removal shall be backfilled with approved native material or Granular'B',Type I. REMOVAL OF CULVERTS AND SEWERS—ITEM NO.A6 Backfill to excavations resulting from storm sewer removal which is below subgrade level shall be with approved native material. Pipe shall be removed from site and disposed of at a location arranged for by the Contractor. Payment for removal of Existing Culverts and Sewers not shown on the Contract Drawings, and designated for removal by the Contract Administrator, shall be removed as a part of this Item. Payment under this Item shall also include for identifying existing laterals connected to the sewers being removed. EXCAVATE TO CONFIRM UTILITIES(Provisional)—ITEM NO.A7 Payment shall be made under this Item for exposing utilities in advance of construction to confirm depth and location. The unit price bid shall include for excavation (by hand if necessary)and backfilling and compaction. The Contractor shall delay placing an order for structures until utility locates are confirmed. STORM SEWERS AND STORM LATERALS—ITEMS NO.A8 TO Al2,A14 AND A15 Unde r t h ese Items and for the unit price bid the Contractor shall supply all materials including pipe of the required type, size and class, carry out all excavation, and supply and place bedding, cover and backfill materials and compaction. i SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO.CL2009-8 3. Concrete pipe bedding shall be crusher run limestone, cover shall be sand and backfill shall be Granular 'B' material, as per C-108. For PVC and corrugated steel pipe catchbasin leads and laterals, bedding and cover shall be in accordance with C-109 and C-110 and backfill shall be approved native material. Should wet trench conditions be encountered then, upon approval from the Contract Administrator, HL-8 blend of crushed stone with geotextile wrap shall be used for bedding of rigid pipe or placed below embedment for flexible pipe in accordance with the standards. Crushed stone shall be paid for under Item No.A16. Concrete pipe shall be used for trunk sewers and PVC, and corrugated steel pipe for catchbasin leads and storm laterals. Connection of catchbasin leads and storm laterals to the new trunk sewer shall be by manufactured tees or an approved coring method(C-111). Coring methods include supply and installation of a sanded adapter to receive proposed PVC pipe, including grouting of adaptor to cored void to ensure a watertight connection in pipe. Note that not all storm laterals are designated on the contract drawings. As existing storm laterals are encountered during excavation processes, their connection to the concrete trunk sewer shall be completed by approved methods. The connection of encountered storm laterals, not designated on the Contract Drawings shall be considered integral to the unit price bid. Remuneration for the riser pipe and fittings shall be made under the respective storm sewer Item. The unit price bid under these Items shall include for removal and disposal of existing pipe lengths, slated for removal, located within the limits of trenching. The unit price shall include the cost of a closed circuit television inspection of the completed trunk sewer, catchbasin leads and any service connections found to be leaking, all in accordance with OPSS 409. Measurement for riser connections of catchbasins to trunk sewers shall be made along the centre line of the riser pipe from the connection at the main sewer to a point where the connection can be measured horizontally. STORM SEWER CLEANOUTS ON 150mm STORM LATERALS—ITEM NO.A13 Reference: STD. 1 Include: .1 Supply and installation of all materials necessary to construct cleanout in accordance with STD. 1 2 Supply and installation of bedding and sand fill cover for exposed pipe in accordance C109. .3 Connection to existing storm sewer service. Note: .1 Measurement for payment—each. .2 Basis of Payment—unit price shall include all labour, equipment and materials to supply and install cleanout .3 Cost of excavation and backfill shall be deemed to be included in the storm service connection pipe item. 1 SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO. CL2009-8 4. H.L.-8 BLEND CLEAR STONE BEDDING(Provisional)—ITEM NO.A18 Payment shall be made under this Item for the following work in connection with storm sewer installation: • Excavation of unsuitable materials below standard bedding depth. • Disposal of surplus excavated materials off the site of the works. • Supply and placement of Geotextile Terratrack 24-11 as wrap to clean stone. • Supply and place H.L.-8 blend clear stone bedding to depths as directed by the Contract Administrator. PRO-ECO-LITE HEADWALL WITH SECURITY GRATE—ITEM NO.A17 Headwall shall be Pro-Eco-Lite composite headwall structure as manufactured by Armtec Limited. Structure shall be standard headwall series fitted with a security grate. An approved equivalent is acceptable. The Lump Sum price bid shall include for all excavation and backfill as required to place the structure. Backfill shall be with approved Native material. CATCHBASINS AND MAINTENANCE HOLES—ITEMS NO.A18 TO A21 Structures shall be installed in accordance with Municipal Standards C-101, C-102, C-104, C-105, C-113, C-114 and OPSD 400.010. Compacted sand backfill shall be placed around the structures to the dimensions indicated. The unit price bid under these Items shall include for the following: Placing a minimum of one adjustment unit and a maximum of 300 mm of adjustment on each maintenance hole or maintenance hole/catchbasin. All catchbasins shall be fitted with sumps. Maintenance holes shall be benched. Maintenance holes and ' catchbasins shall be fitted with frames, covers and grates in accordance with OPSD 400.010 and Municipality of Clarington Standards C-113, C-114. All structures within roadway shall be constructed to the level of base course asphalt. LAWN DRAIN INLETS—ITEM NO.A22 Lawn drains consist of inline PVC pipe 200 mm dia.with locking ductile iron grates to fit. Inline drains shall be attached to the storm connection with a 90 degree bend. Inline drains are supplied by Armtec, 437 Parkhill Road East, Peterborough, Ontario, Telephone No. 1-800-363-5047. If approved by Contract Administrator, an approved equivalent is acceptable. 400mm DIAMETER ALUMINIZED TYPE 2, CORRUGATED STEEL PIPE CULVERT, RIVETED,2.0mm GAUGE—ITEM NO.A23 For the unit price bid, the Contractor shall supply all labour, equipment and material to complete the following: • Excavation, embedment and Backfill. Backfill shall be Granular'B', Type I. SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO.CL2009-8 5. • Embedment shall be Type'B' Bedding in accordance with C-108. • Excavate for bedding and frost tapers and disposal of surplus excavated materials. Depth of frost penetration for the purposes of frost tapering shall be taken as 1.3 m. • Supply, place and compact Granular'B', Type I backfill to culverts and frost tapers up to subgrade level. The frost taper shall be excavated and constructed in accordance with OPSD 803.031. • All CSP material under this Item shall be aluminized steel type 2, Corrugated Steel Pipe, 2.Omm gauge. • The corrugated steel pipe shall be manufactured with the required manufactured tee to accommodate the installation of 300mmm diameter CSP leads. • Standard annular, five corrugation couplers shall be used to accommodate section connections. Each coupler shall be covered with a 600 mm wide strip of geotextile, non-woven Armtec 200 and secured to the pipe arch at several locations with a bonding material to prevent dislocation during backfilling operations. 300mm DIAMETER PLAIN GALVANIZED CORRUGATED STEEL PIPE CULVERT, RIVETED,2.Omm GAUGE—ITEM NO. A24 For the unit price bid, the Contractor shall supply all labour, equipment and material to complete the following: • Excavation, embedment and Backfill. Backfill shall be approved Native material. • Embedment shall be Type 'B' Bedding in accordance with C-108. • All CSP material under this Item shall be Plain Galvanized Corrugated Steel Pipe, 2.Omm gauge. • Standard annular, five corrugation couplers shall be used to accommodate section connections. Each coupler shall be covered with a 600 mm wide strip of geotextile, non-woven Armtec 200 and secured to the pipe arch at several locations with a bonding material to prevent dislocation during backfilling operations. 800mm x 540 mm CSPA CULVERT, INCLUDING TWO(2)MANUFACTURED TEES, EXCAVATION, BEDDING AND BACKFILL—ITEM NO.A25 Under this Item, for the unit price bid, the Contractor shall undertake the following work: • Dewater for excavation and installation. The method for dewatering must be submitted to the Contract Administrator prior to commencing work. r • It is anticipated that the Contractor will schedule his operations such that the installation of the culvert will be undertaken during dry conditions or at minimum flow levels. 1 • Excavate for bedding and frost tapers and disposal of surplus excavated materials. Depth of frost penetration for the purposes of frost tapering shall be taken as 1.3 m. • Supply and place crupher-run limestone bedding and cover materials. Bedding and cover dimensions are in accordance with OPSD 802.020. Placement of crusher-run limestone under the pipe shall be to a total depth of 300mm. The top 75 mm depth of bedding material under the middle 50%width of the CSPA shall not be compacted, to allow the CSPA to settle into the bedding upon initial placement. • Note: All limestone crusher-run material placed below and adjacent to the pipe-arch haunches shall be manually compacted to 98%SPD with the use of pole tampers. Care must be taken to ensure that voids do not occur under the haunches. Material placed at the sides and immediately SPECIAL PROVISIONS—TENDER ITEMS , CONTRACT NO.CL2009-8 6. above the haunches shall be compacted with hand operated vibratory equipment. Heavy compaction equipment shall not approach closer than 1.0 m. Placement of 200 mm (prior to compaction)thick layers shall alternate from one side of the pipe to the other. Light compaction equipment shall be used over the top of the structure until minimum cover is attained. If heavy wheel loads are expected over the structure during the construction period, the Contractor shall provide temporary additional cover to prevent pipe damage. • CSPA is considered to be located in a Type 3 soil and placed in an "unsupported excavation" (Ref. OPSD 802.020) • Pipe deflection shall be carefully monitored during the embedment and backfill operations by use of plumb bobs attached to the culvert. Maximum deflection should not exceed 2%. • Pipe bedding at haunch areas must be placed against original ground. The Contract Administrator must be advised when the trench excavation is complete at these locations,so that the existing ground can be inspected and approved prior to proceeding with placement of bedding material. • Supply and place 12.0 m long 800 mm x 540 mm aluminized steel type 2, 3.5mm thickness, Hel- Cor Lock Seam corrugated pipe arch culvert. The pipe arch shall be manufactured in accordance with CAN/CSA G164 and as supplied by Armtec(or approved equivalent). Contact: Simon Perdue, Tel: 705-760-2758. • The pipe arch shall be manufactured with two (2) manufactured tees to accommodate the installation of 300mmm diameter CSP leads from 600 x 600mm catchbasins nos. HO6-025 and HO6-027. • Standard annular, five corrugation couplers shall be used. Each coupler shall be covered with a 600 mm wide strip of geotextile, non-woven Armtec 200 and secured to the pipe arch at several locations with a bonding material to prevent dislocation during backfilling operations. • Supply, place and compact Granular'B',Type I backfill to culvert and frost tapers up to subgrade level. The frost taper shall be excavated and constructed in accordance with OPSD 803.031. • The Contractor shall submit shop drawings, including joint details, to the Contract Administrator for approval. Six(6) copies of all drawings shall be submitted a minimum of three weeks before commencing fabrication. The shop drawings shall bear the seal and signature of a licensed Professional Engineer. 100 mm DIAMETER PIPE SUBDRAINS—ITEM NO.A26 The Contractor shall supply and place perforated corrugated polyethylene pipe complete with geotextile sock. Backfill to subdrains shall be Granular'A' in accordance with Standard C-301 and Clarington Standards Section 900, supplied, placed and considered for payment under the Granular'A' Item. The unit price bid shall include for outlets into proposed ditching, as per OPSD 206.050. GRANULAR`S',TYPE I AND GRANULAR `A'—ITEMS NO. A29 AND A30 Payment shall be made under these Items for supply, placing and compacting Granular'A'and Granular '6', Type I to the following depths. ISPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO.CL20094 7. ' • Old Scugog Road (Including Side Streets)between Sta 0+ 988.5 to Sta 1+260—Limits of Full Excavation, 150 mm of Granular'A' and 450 mm of Granular'B', Type I • Old Scugog Road between Sta 0 + 975.6 to Sta 0+988.5, Granular'A' as required for road shaping to proposed road grades. • Old Scugog Road between Sta 1+ 260 to Sta 1+295, Granular'A' as required for road shaping to proposed road grades. • Old Scugog Road at trenching locations to accommodate underground improvements between Sta 1+ 260 to Sta 1+ 295, 150 mm of Granular'A'and 450 mm of Granular'B', Type I • Paved boulevards, 150 mm of Granular'A'and 300 mm of Granular'B', Type I. • Private entrances, 150 mm of Granular'A'. ' • Commercial Entrances, 150 mm of Granular'A' and 300 mm of Granular'B', Type I. (Hampton Community Center, 5360 Old Scugog Road is considered a Commercial Entrance). CONCRETE CURB AND GUTTER(ALL TYPES)—ITEM NO. A31 A 1.2 metre length of curb and gutter shall be omitted at each catchbasin/maintenance hole where an asphalt barrier curb is to be constructed. Where proposed or future 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. The Contractor shall be paid for all labour and equipment necessary to place a formed concrete semi- mountable curb and gutter in accordance with OPSD 600.060. ASPHALT GUTTER—ITEM NO.A32 Under this Item, the Contractor shall be paid for all labour and equipment necessary to place a formed asphalt gutter in accordance with OPSD 601.010. Remuneration for asphalt tonnages for gutter construction will be made under the Item for Hot Mix H.L.-8. CONCRETE IN SIDEWALK-ITEM NO.A33 Where new sidewalk abuts existing sidewalk 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 or private walkways is being replaced. All sidewalk shall be constructed in accordance with Standard Drawing C-307. Payment shall also be made under this Item for construction of areas of existing sidewalk being replaced as directed by the Contract Administrator. The face, mZ, of any concrete steps placed will be measured and paid under this Item. i Placement of concrete in sidewalk at storm sewer lateral locations will also be paid under this Item, as required, and as directed by the Contract Administrator, REMOVE, SALVAGE AND RELAY EXISTING INTERLOCKING BRICK PAVERS—ITEM NO.A34 Under this Item,the Contractor shall be paid for all labour and equipment necessary to: • Remove, Salvage and Store existing brick pavers. SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO.CL2009-8 8. • Supply and placing of bedding sand • Placement of salvaged brick pavers in an orientation to match the existing configuration. Where bricks are broken or otherwise damaged during removal,the Contractor shall required to supply pavers of colour and cut to match existing, at the Contractor's expense. The unit price bid shall include for cutting pavers as required. SAWCUTTING ASPHALT—ITEM NO.A35 Payment shall be made under this Item for the sawcutting of all asphalt at the limits of road construction. The unit price shall cover sawcutting of asphalt at whatever depth of asphalt is encountered. The Contractor will be responsible for protecting the sawcut edge from damage until paving. Should the sawcut edge be damaged, the Contract Administrator can request that the asphalt be recut prior to paving at no additional cost. HOT MIX H.L.-8 and H.L.-3—ITEMS NO. A36 AND A37 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 courses a minimum of 8000. Payment shall be made under these Items for the following work: • Forming asphalt curb at catchbasin and catchbasinlmaintenance hole locations in accordance with Standard C-305. • Construction of step joints at limits of full street reconstruction on Old Scugog Road and side streets. • Forming temporary ramps at limits of construction. • Paving of asphalt sidewalk, and boulevard including hand work, as required. • Paving of entrances including hand work, as required. • Tonnages for Gutters. • 300mm wide fillet to be placed in a tapered orientation, extending from top of concrete curb and gutter to match base asphalt grade, to protect 40mm gutter edge at all gutter locations. The following depths of asphalt shall apply: • Old Scugog Road, Millville Avenue and Ormiston Street 50 mm H.L.-8 binder course. • Paved boulevard, 50 mm of H.L.-3 • Private entrances, 50 mm of H.L.-3 • Commercial Entrances(including paved boulevard at required locations), 50mm of H.L.-8, 40mm of H.L-3 (Hampton Community Center, 5360 Old Scugog Road is considered a Commercial Entrance) • Note: Old Scugog Road Surface H.L.-3. to be a 40mm lift completed by others. SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO. CL2009.8 9. ' ASPHALT CEMENT PRICE ADJUSTMENT ALLOWANCE—ITEM NO.A38 Payment shall be made under this Item for payment adjustment for asphalt cement placed in the Contract in accordance with Clause No. 31 of the Special Provisions—General. DITCHING—ITEMS NO.A39 a)AND A39 b) The unit price bid shall include for full compensation for all labour, equipment and material necessary to do the work, including provision of traffic control as per OTM Book 7. The location of ditching will be identified on site prior to commencement of the work, and as noted on the Contract Drawings. All surplus graded material shall be disposed of off the site at a location arranged for by the Contractor. RIP RAP ON GEOTEXTILE-ITEM NO.A40 The work shall be performed in general compliance with the drawings, OPSS 511 and as directed by the Engineer. The contractor shall supply and place a protective covering of approved rock material at ditch inlets, and CSPA crossing as shown on the contract drawings iAll locations are to extend to a lateral distance and elevation as noted on the Contract drawings, or as directed by the Contract Administrator. Rock protection shall consist of sound, clean quarried stone to form a protective upon placement. Work under this Item includes placement of geotextile(360R)beneath all Rock Protection locations. Rock Protection atop geotextile shall be placed without freefall. The quality of the stone shall be approved by the Engineer. Stone shall be of an angular shape and clear ' of all fines. Stone shall satisfy the following gradation requirements: Gradation Limits for Stone Protection at CSPA crossing 100% Smaller Than 300 mm 50% Larger Than 200 mm 50% Larger Than 150 mm Placement shall be, carried out in such a manner that the surface of the finished rock protection shall have a uniform planelfiat appearance, and be without segregation. TOPSOIL(IMPORTED)—ITEM NO.A41 Screened topsoil shall be placed to a minimum depth of 100 mm in disturbed grass areas. The Contactor has the option of providing screened topsoil from the stripping stock pile in lieu of imported. The grading and depth of topsoil shall be approved by the Contract Administrator prior to placing sod. Any sod placed prior to approval of the topsoil shall be deemed to be unacceptable. Subsection 570.05.01 of OPSS 570, August 1990 is amended by the addition of the following: The topsoil shall be tested to ensure there are no deficiencies with respect to fertility levels. A copy of the topsoil testing report prepared by a certified agronomist shall be provided to the Contract Administrator. SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO. CL2009-8 10. The report shall document soil fertility levels and identify any deficiencies and how they are to be reed. ' Payment for this testing shall be included in payment under the respective topsoil items. If the topsoil does not meet fertility requirements the soils shall be treated with the required amendments as recommended by the topsoil analysis report at no additional cost. SOD(NURSERY, UNSTAKED)—ITEM NO.A42 Subsections 571.07.05, 571.08.01 and 571.08.02 of OPSS 571, November 2001 is amended by the following: , Replace"30 consecutive Days"with"120 consecutive Days". Contractor should note that for the purpose of calculating consecutive Days, the winter dormant period shall be excluded (see Table No. 1, OPSS 571). Clarington is considered to be in the'Southern Ontario' area and the winter dormant period is from November 1 to April 30, inclusive. Payment shall be made for 50%of the quantity placed once deficiencies have been corrected from initial inspection and the remaining 50%shall be paid once all deficiencies have been corrected following final inspection at the end of the maintenance period. The Contractor shall be responsible for the full cost of replacing deficient sod as determined by the Contract Administrator. SOD(NURSERY, STAKED)—ITEM NO.A43 Subsections 571.07.05, 571.08.01 and 571.08.02 of OPSS 571, November 2001 is amended by the following: , Replace"30 consecutive Days"with "120 consecutive Days". Contractor should note that for the purpose of calculating consecutive Days, the winter dormant period shall be excluded(see Table No. 1, OPSS 571). Clarington is considered to be in the'Southem Ontario' area and the winter dormant period is from November 1 to April 30, inclusive. Payment shall be made for 50% of the quantity placed once deficiencies have been corrected from initial inspection and the remaining 50% shall be paid once all deficiencies have been corrected following final inspection at the end of the maintenance period. The Contractor shall be responsible for the full cost of replacing deficient sod as determined by the Contract Administrator. Payment shall be made under this Item for the placement of staked sod, in accordance with OPSD 218.01. Stakes used shall be wooden stakes. The unit price shall also cover removal of stakes upon complete germination, as direct by the Contract Administrator. MISCELLANEOUS WORKS -ITEM NO.A44 Payment shall be made under this Item on a time and material basis work, not included elsewhere in the Contract and where agreed with the Contract Administrator. The work under this Item shall include, but is not limited to the following: • Place salvaged post in concrete at Sta 1 +287 rSPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO. CL2009-8 11. r ' Where additional materials are needed such, these shall be purchased by the Contractor and reimbursement shall be on the basis of invoicing. No work shall be done under this Item without the authorization of the Contract Administrator. PART `B': GENERAL ITEMS PRECONDITION SURVEY-ITEM NO.B7 Pre-Condition Survey shall be carried out to depict existing interior and exterior conditions of building, utilities, monuments, bridges,structural improvements, streets, driveways, sidewalks,within the area of influence of the work site and/or specified distances. The"area of influence"is that radius of distance adjacent to heavy construction, within which structures and property are subject to possible damage. The Pre-Condition Survey shall be completed on all structures, or part thereof, within 30 metres of any work, at a minimum. Additional inspections may be required, if deemed necessary by the Vibration & Noise Consultant commissioned to carry out this work. Quality Assurance A Vibration and Noise Consultant(VNC)with over five (5)years experience in loss control in urban areas shall be retained by the contractor to complete this work. The person in charge shall be a Professional Engineer Registered in Ontario. The Company shall carry Professional Errors&Omissions Insurance in ' the amount of$1,000,000.00. Procedure Immediately upon notice to proceed, all pertinent available data relevant to those applicable portions of the work and such other areas as deemed available to be Pre-surveyed is obtained by the VNC. Introduction & Notification A Letter of Introduction from the Owner is hand delivered to all properties within the"area of influence". The letter contains pertinent information regarding the proposed work and advises the identity, telephone number and name of contact person capable of answering questions or addressing complaints. This letter serves to acquaint residents with proposed construction in the area. iInaccessible Properties Should access to a premises by the Inspector be prohibited for any reason, i.e., absent owner/lessor/manager; denial of authorization; vacant; safety hazard; in such case, particulars of efforts made to gain entry are recorded on the Pre-condition Survey Summary Sheet as follows: • Time and date(s) of contact • Means of contact(in person or by telephone) • Authority(owner/lessor/manager) 1 Reason(s)for entry refusal or inaccessibility SPECIAL PROVISIONS—TENDER ITEMS ' CONTRACT NO. CL2009-8 12. r Photographic Documentation ' Photographic equipment and materials used are capable of yielding high quality negatives from which detailed enlargements may be made. , Payment 100% payment of this Item shall be made on the first Payment Certificate on proof that the survey has been completed. A reduction in the lump sum payment under this Item shall be made for non-accessible properties or refusal to enter properties which deny access to interiors of buildings in the"area of influence", as follows: r • >75% of entry to building interiors, no reduction in the lump sum price bid. • 75%-50% of entry to building interiors, 20% reduction in the lump sum price bid. • <50% of entry to building interiors, 40%reduction in the lump sum price bid. r The lump sum price shall include for a minimum of three(3)post construction complaint visits to a minimum of three(3) separate locations. The Contract Administrator shall be provided with a copy of the pre and post construction reports and r photographs of the area allegedly impacted,within ten (10)days of written request. Pre-Condition Survey Report Documentation of exterior and interior conditions of each property/item surveyed includes, as a minimum: • Vintage and type of construction r • Description/depiction/dimension of differential settlements (visible cracks in walls, floors, ceilings) or any other apparent structural or cosmetic damage or defect ' Copies of Introduction Letters, Notification Letters and Refusal Letters are to be included in the report. Completed Pre-condition Survey data is to be assembled in a formal comprehensive report, including Summary Sheet. ' MOBILIZATION AND DEMOBILIZATION—ITEM NO. B2 ' The contract price stated in the Tender Form for this Item shall be compensation for the following: .1 Security protection of the Contractor's office, plant and sorted materials during the course of the Contract. .2 Moving onto the site and setting up the Contractor's office, storage facilities, plant, etc. .3 Providing all necessary access to the project including haul roads as required and the restoration of the surfaces to their original condition after the haul roads are removed. .4 Moving off the site and removal of the Contractor's office, storage facilities, plant, etc. Payment will be made as follows: 50%of the lump sum stated in the Tender Form for this Item will be paid on the first Payment Certificate; and, the 50% balance will be paid on the Payment Certificate following issuance of the Certificate of Substantial Performance. SPECIAL PROVISIONS—TENDER ITEMS CONTRACT NO.CL2009-8 13. BONDS, INSURANCE AND MAINTENANCE SECURITY—ITEM NO.B3 Include: .1 100% Performance and Guaranteed Maintenance Bond for 24 months. ' .2 100% Labour and Materials Payment Bond. .3 Liability Insurance based on the Contract Price. 100% payment of this Item shall be made on the first Payment Certificate. r r i 1 1 i i i i 1 iCORPORATION OF THE MUNICIPALITY OF CLARINGTON iCONTRACT NO. CL2009-8 d DESIGN GUIDELINES SECTION 900 INSPECTION/CONSTRUCTION F ' SECTION 900 INSPECTION MATERULS AND CONSTRUCTION-36 ;1 1.0 GENERAL ' 1.01 These gtWelines are to be used in Subdivisan conjinoicti 0n wild the conditions set one in the ' Agr'�at, m PUUcdW Sdtedde •r—Duties of Owner's Eagiooa and Scheduk OV--Itegtdatiaos for Construction. 1.02 The Owner's ConsuNing Engineer shall all Works. Proms " oc4on of ' 1.03 The Consulting Engineer shall take exttarsive p0000nstrtretion photos of sonnamling lands,and scull provide dated/des cribed copiess of sod photographs to the Muncipality, ' 1.04 Construction sites air to be maintained to prevent umecessary ponding of water. 1.05 Prior to roquesting the inspections (or re-irspectioos) from the Municipality, the ' Consulting Engineer shall verify the proper eompiction of the Wotics, and subrmil a written request 1.06 All equipment, materials and methods involved in trench backfill, filling, granrdars, concrete and asphalt shall be monitored and Certified as acceptable by the owner's Geotedmical Engineer(see attached form). Unless noted otherwise, the team-compacted- ' shall mean 95%Standard proctor or higher(native materials)and 98%Standard Proctor or higher(granular materials). Such certification shall be in a form acceptable(odic Director and shall include all supporting documentation and test results. Mix designs for concrete ' and asphalt shall be obtained and approved by the Geotechnical Engineer. The Geotechrecal Engirea shall ensure that the type, fi`cTwncY, is sufficient to ensure certification. Furthermore,the Geot echnical Engineer shall of all results for a given stage of construction are acceptable prior to commencing the next stage Of construction- 2.0 STORM SEWERS 2.01 All materials shall be visually inspected by the Consulting Engineer upon delivery, to ensure conformity with specifications and the approved engineering drawings, and to ensure any damaged/substandard material is marked and removed from die site immediately. I 2.02 Installation of storm sewers shall be continually monitored for adherence to proper bedding, pipe laying, backfilling and compaction ' catchbasins and manholes shall be constructed true to line d grade are storm are to be installed in precise alignment with curb lines, and no tolerances will be pennined. Rear yard catchbasins shall be accurately surveyed and.verified by the Consulting Engineer for correct location prior to the issuance of a Certificate of Completion. The precast tops of manholes and catchbasins shall be checked for excess brickwork prior to roadbuilding. 3 � INSPECT70N, MATERGlL.rAM CONSTRUC ON-37 2.03 Ttettch widths shall be kept at a minimum, while mechanieal All benching must adbeae to Ministry of Uba¢ k �e 2.04 Marthoks are to be badEW with , outside fan of the structure. =' ��g min. IA m from We (Catchbasios adn.300mm faros the face of the sttmch j 2.05 House connections shall extend 1.5 m into the Ids and be plugged with approved rerrrovabk phtgs. Bedding shall be as per approved standard thawing. Tea AM be pre- manufadmod for pipes 450am diameter and smaller,oozed(on sue) if 525mm diameta or larger, and slap be ware and watertight The invert of all toes shall be located above ' the sptimglime of the sewer main and shall be a minimum of 60pmm fiom the nearest adjacent tee or joint,udiless approved otherwise- 2-06 Concrete pipes intoW of manholes shall be concrete cradled precisely to the first joint. ' 2.07 All storm sewers, including stred and rear yard calchbasur leads(and individual service laterals where directed), shall be inspected using approved high quality video record equipment and procedures. The inspection shall be carried out in a manner,acceptable to the Municipality and all video tapes shall be submitted Io the Municipality for review and ' permanent storage. video Fe4nVections may also be requested. 2.08 Infiltration shall not be permitted into the storm sewer system. All leaks shall be , investigated to determine their source and shall be corrected to the satisfaction of the Municipality. 2-09 Pipes which have failed in any manner, including cracking(0.3mm design cracks excepted), exposed reinforcing or other defects, shall be removed and rrepl�aced to the satisfaction of the Director. No repairs shall be undertaken without the consent and the ' direct supervision of the Municipality. 3.0 BACKF LLQIG GRADDYG AND GRANULAR ROAD BASE 3.01 Backfill containing organic or frozen material, or excessively moist material which , cannot support conventional compaction equipment,shall be deemed unsuitable and shall not be used. The initial lift of native backfill shall not exceed 1.0 in in depth above the compacted sand cover over the storm sewer and each additional lift shall be placed N layers not exceeding 300mm loose measurement (unless pre-authorized ac the d e city before Engineer)_ Each lift shall be compacted until it has achieved the specified density before any additional lifts are placed. , 302 Backfilling operations shall follow pipe installation as closely as possible and be limited to 75 metres of open trench maximurn. INSPECTION, MATERIALS AND C ONSTRUCTTON-38 ' 3.03 The GeotecJtoical FAgtttoa ahalf dacurmeW all tests, incltdittg failures and uetrfial Duda • ill � 'caotmuotrsly>btougFrout the pmjed, A Dopy of all teat results don be �t�leaie teal',m addition to providing daily plotting of all test mutts on We plan drawiW ' 3.04 The Cousui* Engineer shay eawre that the width, and Wa1 the a fm graded to the mtrract lriniroum '% aussflll is wwisceagy maintained, uv* no longitudinal nds permitted. The Geotectricai measures to assess the suitability of the ��shall�P>oy g aPP�e reeom Idations to the 10C�ag pt Munulp and s�®nice Possible, localized soft area in the shed aW Municipality. WhtaWer material,not gtamdar material. Wben additional with suitable native considered on a stred by street basis. Subdnains�then � they should be ' 10:t fiost tapers must be provided. accordingly,and 3.05 Subdrains shall be insWied only after the subgrade has been proofaolled and the road structure has been finalized. Subdraios shall be installed true to line and grade, in a trench condition, and shall be bachfilled with approved granular material having aggregates out exceeding 19mm. All subilmins shall be supplied with a filter sock. r3.06 The Geotecluucal Engineer shall confirm (m a forth acceptable to the Municipality)the acceptability of each stage of roadbuildine prior to subsequent stages coumeni:*- Subsequent stages of road construction shall not proceed without approval from Murucipal staff ' 3.07 After base curbs are installed,all Granular B must be regraded and verified by Municipal staff prior to placing Granular A. (Any Granular A placed prior to base curbs shall be considered Granular By 3-08 Granular material shall be tested in accordance with the latest O.P.S.S. specifications. Material shall be tested at the pit and also as it arrives on site. Material not conforming to the specifications shall be rejected and removed from site ' 4.0 CONCRETE WORKS 4.01 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be monitored and all applicable tests (compressive strength, slump, air 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 early as practical and before any initial cracking occurs. Large cracks or several. INSPE ' CTION, M�TERULS,�]yp CONSTRUCTION-39 � st naner cracks between coahaction joints in nabs will require rtanoval and M lace .m of that section of etub. Sidewab with distinct cracks will also mWin Mplacernat 4.03 Carting comPornd"be genpotwy apphw to all exposed connote of ambient temptxaltmes or season,betwew 1 and 2 hours of finishing 4.04 All clubs to be placed using approved curb ntachiam Excess club machine placcmad shall be CO°�e wed e 1 �o�Y trimrmed and removed prior to sett0g. The minimum laglh of curb to be ranoved and replaced shall be 1.5 m. No concrete patch repairs shall be penoitted , 4A5 Prior to placeinew of top eub, base curb shall be Municipal staff. Base curb and c�°0d and then sped by strmhps shall be repaired andlor replaced as directed. ' 4.06 The depth of top nub at die edge of pavement shall act be less Unan 100mm and Stull be 4.07 continually verified by the Consulting Engineer. ' humediately prior to the placement of top curb or sidewak the existing Surface shall be dampened with water to prevent leaching of moisture from the fresh concrete- 4.08 Driveways to be as per approved house siting plans, with minimum widths of 4.6m for single detached homes- . 5.0 ASPHALT PAVE11 FM 5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in ' accordance with OPSS 310, 1003 and 1150 (latest revisions thereof). Marshall/extraction/density tests shall be carried out by the GeotechnicaI Engineer in ' accordance with OPSS and relating to the approved mix design- Note: Provincial and Municipal projects differ with respect to contract administration, paving project sizes, Quality Control/Quality Assurance procedures and testing frequencies. As such,several ' OPSS specifications are not appropriate for Municipal use and shall not 1 as determined apply, ed in the sok discretion of the Director. ' Since current testing methods do not enable ongoing monitoring(and therefore corrective action)of the asphalt,the onus shall be on Use 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_ le. OPSS D310.08 04 02 which Permits air voids beyond acceptable limits, provided the contractor takes 'immediate COMOclive action' shall not apply. Unacceptable work shall be immediately removed_ Financial compensation using MTO fonoulas.(10 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- ' INSPECHON, MATERULS AND CONSTRUCTION-40 1 5.02 Prior to planing sttttfwe aspluti Mau asphalt " be swept Clem of all dirt,debris and dust. Areas of base asphalt shall be removed and reply as sawcut 81 41 perimtxers, The we of a Geo-Gtid or � val�8 a vertical of directed by the Municipality. Low areas shall be padded to ensure a su&ce ind uniform thicimem 5.03 Each manhole is to be precisely raised to foul 912 and verified by the Developer's Consulting Eagum and Municipal staff 5.04 Tack coat shall be applied just prior to surface paving operations and shall be allowed b dry until it is err a proper condition of tacirmes.The lengl6 of roadway prepaed shah be limited to We immediate paving section,to reduce tract u& It shall be evenly appfiod at ' the rate of 0.4 htreslsq.m taking cane not lo spray curbs,sidewalks or any older surfaces. atyaodht ' 5.05 Driveway paving shall be fully inspected and vaifiod for the compaction Wereo and depths of stone and etaure and asphalt is al a sufficient Iennpaagre for placement B13A (MJF) will not be permitted, ex in approval of the Director. Cro or � special case with the Materials t Ong g of the limestone will not be perruttod. testing may be required for driveway apron gravel and asphalt,as directed_ ' 6.0 TOP M SODDING AND SEEDING 6.01 All areas requiring sad shall fast be fine ' then prepared with IOOmm of good graded, wed by the Consulting Enghrcer, requirements of OPSS 570 and 571, in addition to med�ngilanhdad�onal reglwrerncuts 1 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% d , organic matter for clay hams and 2% minimum organic matter for sandy loamy 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 of Ontario Sod Grower's Association No. I Bluegrass Fescue Nursery sod_ The sod shall be taken from good loamy soil and shall be hefty, well permeated with roots, have tmiform texture and appearance and be free from weeds. Sod must be laid within thirty-six (36) hours of being cut. Care must be taken during its transportation and placement to prevent any drying out Sod shall match flush with all adjacent surfaces and shall have no open gaps, overlapping edges or uneven.joints. Where adjacent or fronting lands have already been sodded,care must be taken to ensure 3 INSPECTION,MATERULSANp CONSTRUCTIO ' N-41 ' �8e is ° SrnooW traastdou a acltieved On slopes 3:1 and steeps, sod shall be stated as ,sod Shall be iwaledia* mUed 6.04 crotn Puce an cm a wface end "a" s are well establisltod and shall continue on a r�basis until 4eabhy roots ranoved and replaood. No if sod fats to esta66sh intmediatdy, � shall be through conumal wan eV shaU be made to "y to re-es Iish wat/dead sod , entire wort shall be done in a al uu�q is wed by the D )he Professional in appear. m mm with an even=*Oc,and sod doccam unfit by Ow DiFCCIOr shall be removed fiom site and replaco�d to this mgada in the a o y ' I'D communica a with rests m�og the needs of y hid sod over the first year 6.05 Where approved by the Municipality,, hydraulic seeding , Provided that it coofonos to the Ontario Provincial Standard�$pOcificatim No.572. 1 1 I ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-8 i STANDARD DRAWINGS PADept 12\12-29693\Specs\lncomplete\StandDraw.doc i1 a : PAGE ONE STANDARD DRAWINGS ' CONTRACT NO. CL2009-8 ' STANDARD NO. DESCRIPTION ' C— 101 1200 mm PRECAST CONCRETE MANHOLE 102 1500 mm PRECAST CONCRETE MANHOLE 104 SINGLE CATCH BASIN 105 DOUBLE CATCH BASIN ' 108 STORM SEWER TRENCH BEDDING 109 PVC STREET CATCHBASIN CONNECTION 110 HOUSE SERVICE LOCATIONS ' 111 PVC STORM SEWER SERVICE CONNECTION 113 ROUND MANHOLE FRAME AND COVER 301 PERFORATED PLASTIC SUBDRAINS 305 CURB AND GUTTER DETAIL AT CATCHBASIN ' 307 STANDARD CONCRETE SIDEWALK 309 DRIVEWAY APPROACH FOR RESIDENTIAL DRIVEWAYS 311 SURFACE PAVEMENT JOINT TREATMENT ' OPSD- 206.050 SUBDRAIN PIPE CONNECTION AND OUTLET- RURAL 218.01 SODDING OF SIDE SLOPES ' 219.110 LIGHT DUTY SILT FENCE BARRIER 400.010 CAST IRON SQUARE FRAME WITH SQUARE OVERFLOW TYPE DISHED GRATE FOR CATCHBASINS ` 561.010 INTERLOCKING CONCRETE PAVERS ON GRANULAR BASE ' 600.060 CONCRETE SEMI-MOUNTABLE CURB WITH STANDARD GUTTER 608.010 METHOD OF TERMINATION, CONCRETE CURB AND GUTTER 701.021 MAINTENANCE HOLE BENCHING AND PIPE OPENING DETAILS ' 704.010 MAINTENANCE HOLE AND CATCHBASIN PRECAST ADJUSTMENT UNITS a 802.020 FLEXIBLE PIPE ARCH EMBEDMENT AND BACKFILL—EARTH EXCAVATION 803.030 FROST TREATMENT- PIPE CULVERTS FROST PENETRATION LINE BELOW BEDDING GRADE 803.031 FROST TREATMENT- PIPE CULVERTS FROST PENETRATION LINE BETWEEN TOP OF PIPE AND BEDDING GRADE Other: 7001-110-042 Lawn Drains by Nyoplast 7001-110-046 Lawn Drains by Nyoplast STD. 1 Valve Box for PVC Storm Cleanouts ' DWG.1 PRO-ECO-LITE Headwall Structure DWG.2 PRO-ECO-LITE Headwall Structure FRAME AND COVER AS PER C-113 CONCRETE CAP MIN. ONE ADJUSTMENT UNIT. MAX. 300mm MORIAR TOP AND BOTTOM ROWS ONLY ,+ (MANUFACTURERS SEALANT TAPE BETWEEN ROWS) OUTSIDE OF BRICKWORK TO RECEIVE TWO 8 COATS OF BITUMINOUS PAINT WHEN MANHOLE NOT LOCATED RT ROADWAY 1 _ PRESS SEAL OR EQUIVALENT _ RUBBER GASKET (WATERTIGHT) 8 H 1 3OMPa CONCRETE BENCHING s ' 75mm OF 19mm CRUSHER RUN - POURED CONCRETE LIMESTONE (COMPACTED) ON CRADLE TO tat JOINT STRUCTURALLY SOUND GROUND ' 1460mm 01A SEE NOTE 8 ' NOTES 1 All precast Components to be from approved suppliers. ' 2 Pipes must not enter at a manhole section joint. 3 Lift holes to be completely filled with mortar before backfilling. 4 Aluminum manhole steps as per OPSD 405.020. 5 Precast flat top design only as approved. PRECAST FLAT 6 For manhole depths greater than 5.Om safety grates required. TOP ' 7 Max. spacing between safety grates is 4.5m. 8 For depths greater than 7.5m manhole to be custom designed. 9 For benching detail see OPSD 701.021 (use pipe dia. + 100mm for max hole size). ' 10 Compacted sand backfill within 1.0m of manhole. 11 Semi—cast manholes to be individually designed and approved. ' All dlmonalona am In mlll metres union athomin no%4. Municipality f Ciarin ton Engineering Services Department aErAan Rr�no. 1200mm PRECAST CONCRETE MANHOLE IwPRata WE 20o4 C_ 101 1 , FWAIE AND COYER AS PER C-113 I CONCRETE CAP , MIN. ONE ADJUSTMENT UNIT, MAIL 3000 mm 75 MORTAR TOP AND BOTTOM ROWS ONLY (MAtWAC1URER'S SEAANT TAPE BETWEEN ROWS) OUTSIDE OF BRICKWORK TO RECEIVE TWO COATS , OF Bm1IANOUS PANT WHEN MANHOLE g NOT LOCATED IN ROADWAY N _---_—_____ .. PRECAST TRANSITION , a SEAL OR EQUIVALENT IRUBBER GASKET (WATERTIGHT) VARWS 0 0 o 3 0 LL / 11 30MPO CONCRETE BENCHWG y - .�- PRECAST BASE .• � POURED CONCRETE.'i CRADLE TO tat JOINT V 75mm OF 19mm CRUSHER RUN LIMESTONE (COMPACTED) ON STRUCTURALLY SOUND GROUND NOT 1 All precast components to be from approved suppliers. ' 2 Pipes must not enter at a manhole section joint. 3 Lift holes to be completely filled with mortar before backfilling. 4 Aluminum manhole steps as per OPSD 405.020. ' 5 For manhole depths greater than 5.Om safety grates required. 6 Max. spacing between safety grates is 4.5m. , 7 For depths greater than 7.5m. or where directed, manhole to be custom designed. 8 For benching detail see OPSD 701.021 (use pipe dia. + 100mm for max. hole size) 9 Compacted sand backfill within 1.0m from manhole. ' 10 Semi—precast manholes to be individually designed and approved. All dimensions an In mllllm#I. unless otherwise, noted. , MuAiicipality of Clarin ton Engineering Services Department °P 1Xr51101 N0. 1500 TO 3000mm era PRECAST CONCRETE MANHOLE C-102 APW 2004 ' ' CATCH BASIN I Bb I t)40 ' 715 610 115 115 305 305 115 ' IODwn PERFORATED SUBDRhIN I I I —i L_ 1 a 20L P SOLID t WALL PVC PIPE ♦• g ' 150 ' 75mm OF 19wn CRUSHER RIM SECTION A—A "NESfONE (COMPACTED) SECTION B—B I-XIN B A A ' NOTES 1 All precast components to be from approved suppliers. B PLAN 2 Compacted sand backfill within 0.3m of catch basin. 3 Refer to C-109 and C-305 for additional details. 4 Invert of sub—drain and the obvert of catch basin lead are to be level. 5 Lift holes to be completley filled with mortar before backfilling. All dimenstcm am In mINIMOt a unfeu otherwise not9d. Municipality of Clarin ton Engineering Services Department nv�v � RLYB011 I1Q RI1610N WE MR AM CATCH BASIN APR 2004 C- 104 l 1 610 1700 1 115 1 610 115 115 [_610 250 1 610 115 ' MORTAR L _ 1 100mm PERFORATED 1 SLOORAM 1,• _ 1 i � ,O; m % 250mm SOLID WALL--/ - i PVC PIPE �250in, SOLID WALL PVC PIPE 1 m 150 SECTION A-A SECTION B-B 1 75mm OF 19mm CRUSHER (tlsl UMEWONE (COMPACTED) 1 A . 1 B _ B 1 1 A 1 NOTES PLAN 1 All precast components to be from approved suppliers. 2 Compacted sand backfill within 0.3m of catch basin. 3 Refer to C-109 and C-305 for additional details. 4 Invert of sub—drain and the obvert of catch basin lead are to be same elevation. 1 5 Lifting holes to be completly filled with mortar before backflling. All dimensions am in mllilmetres unless otherwise noted. , MuxocipaHty of Clarin ton Engineering Services Department ol¢la0 eErelell w DOUBLE CATCH BASIN ' sVIDAPR0. 2004 C- 105 1 ! w COMPACTED SAND 9eR SPO 1 ! Y INSIDE ! PIPE DIAMETER is COMPACTED 19 mm CRUSHER !- RUN LIMESTONE 98; SPo _ d 1 ' CLASS B BEDDING 1 ! 1 1 BEDDING AND CLEARANCE 1 INSIDE PIPE OIWETER d(MIN) W ( N) UP TO 900 100 300 1050 AND LARGER 150 500 ! 1 1 All dimenslons ere In mIIITms"s unless othsmise noted. mu4icip8jity of Clarin ton Engineering Services Department acc�¢o a."M WE STORM SEWER TRENCH BEDDING i APRs 2004 C- 108 III F MANUFACTURED SAtMXD P.V.C. SLIME (WATERRGW) CATCH BASIN SOEID WALL P.V.C. '`<`•(�•.L�-+� - _ CATCN BASIN IFAD _ _ >•.."'��.':".:: _ ' 300mm SAND COVER COMPACTED - -TO WX SPD �i G. STORM 19mn GRMER RUN LMESTONE TO SEWER `. I.' TOP OF PIPE; cwwAclED TO Sex SPD !. i' SEE C-111 NOTES ' 1 Pipe to enter catch basin at right angle ' 2 250mm dia. lead for double catch basin. 3 200mm dia. lead for single catch basin. 1 All dimensions an In millimetres unless othe r ise noted. M ci alit of Clarin ton Engineering Services Department axon® �vma11� P.V.C. STREET CATCH BASIN aao CONNECTION C- 109 APRA 2ooe , W FINISHED GRADE U N N t ,Wn —600--1500 \� CA LOT o / \�300mrn COMPACTED SAND , ^ COVER TO % SP07T � ••'100.':.• .- ''• \ 19mm CRUSHER RUN LIMESTONE ✓W+ /�{'. . ../�� TO TOP OF PVC PIPE AND ' N COMPACTED TO 985 SPO. SECTION A-A ' I , N.T.S. T—, ' E 0 T ISM m STREETUME I I i sroP ' A I A I I I I I NE COTTER I MANHOLE — STORM SEWER —ACA MREET 1 J�sAM Al! SEWER _______.i_ _—___CURB — GUTTER WATERMAIN ' ¢ HYDRANT STREETUNE NOTES 1 For storm service connection details refer to C-111. ' 2 For sanitary/water service connection details refer to Durham Region specifications. ' All dimensions an in m0limetras unless othomi» noted. Mu Ulcipality of Clarington Engineering Services Department al[Oaa i AP HOUSE SERVICE LOCATIONS WMM WE II� "P•"°`°A P R 2 0)0 4 C- 1 1 0 W 4 2 p � ' V 1 13 TO AL DEPTH TO ALLCR FOR 2L t, rte.>•'�i'.;' HOUM WEE IN TO HOUSE WEEPING 1lE .y"-° - .� .. ... • (MIN. 1.8, MAIL 10) WATERTIGHT PLUG _ '.4 -'••: 100mm CRUSHER RUN LIMESTONE • TO TOP OF PPE O ' 700mm SAND COVER PAGED /9mn 15onwn a P.V.C. CRUSHER RUN LIMESTONE ' (S.D.R. 28) PIPE PROFILE OPENING TO BE MACHINE—CORED ' IN FIELD P.Y.C. BRANCH TO BE FIRMLY ' MORTARED TO MAIN SEWER. (WATERTIGHT) P.V.C. SWEEP BEND BRANCH NOT TO PRDJECT MO SEWER 150n um a BRANCH OFF 45. ' PREMANUFACTUIED TEE CONNECTION FOR SEWER MAINS 525mmO & LARGER , CONNECTION FOR SEWER ' NOTES MAINS 450mmO & SMALLER 1 Service connection invert to enter main at springline or higher. , AN dimensions am In mans unless otherwise noted. ' Muipacipality of Clarington Engineering Services Department a611an aavmoH wu APPROND -PVC STORM SEWER APPMOM am SERVICE CONNECTION C_ 111 APRIL 2004 ! UFT HOLE p lao ,9 13 0000000 A A B 00000000 B 000000 aaaaa Dop13aaa 0 a 'STORM" YEW OF CONSTRUCTION FRAME PLAN COVER PLAN 4.5mm MAX. 624 CLEARANCE 114 29 29 � Ih 2 � I t. `Y 49 67 ' 164-- 27 676 613 633 624 SECTION B—B 578 51 124T g 1376 22 i 25 667 SECTION A-A 11 Allowable tolerance for dimensions of 300mm or less is f 3mm. 2 Allowable tolerance for dimensions greater than 300mm and up to 900mm is t 6mm. 3 The name of the manufacturer is to be distinctly cast in raised letters. 4 The designation "STORM" and year of construction are to be distinctly cast in raised letters. All dimensions on In millimetres unless otherwise noted. MUipcipa lit of Clarin ton Engineering Services Department C"W" APPlpwm - ROUND MANHOLE - RMW OKM - �e,,N FRAME AND COVER C-113 APRIL 20014 FINISHED BOULEVARD CURB AND GUTTER 150 MK- .............. GRANULAR *X 3`":Z:*.y v. < .:''�kF v� .Sr:: !�: ?f. Y�f-._ y�'a�_s- •ii. \\♦ ._ +• ..�i�S�Y�J(. .''M SAY 5i '/t / BACKFILL OR APPROVED EQUIVALENT 300 MIN. /:i::ii_i`'.�:.:: 150 + loQmm CORRUGATED. SL0T1m PLASTIC , PIPE WIT" FACTORY INSTALLED 300 MAX. FILTER FABRIC. NOTES 1 Subdrains are to run continuous on both sides of road. 2 All subdrains shall have sufficient grade to drain into cotchbasin. 3 Subdrains are to be installed in a trench condition. 4 If additional depth road granulars used, subdrains must be lowered accordingly. 5 Proper connections are to be used when splicing sections together. All dimensions an In millimetres unless otherwise noted. ' Municipality of Clarington Engineering Services Department WINISKMI am ""°°`Q 1 PERFORATED PLASTIC SUBDRAINS APRIL 20" C-301 B / I I I SNMEO AREA A A OO I 000000° I �f I 2 I SEE NOTE 2 e CURB ENDS TO BE MATE VERTICAL (FLUSH) ————_ AT TBIE OF POURING TOP OURS 10 BE ALIGNED ACCURATELY WITH BASE CURB. PLAN L 1.2m CB H M1E TO BE QsST RY ALIGNED WITH PREGST `/// FULL DEPnt EXPANSION JOINT I I I I AOJUSTMW U MIN. ONE UNR, MAX 300m AR TOP AND BOTTOM ROWS ONLY .K (MANUFACTURER'S SEALANT TAPE Al BETNEEN ROWS) t�'. _ .f SECTION B-B I SECTION A-A t NOTES 1 For grate specifications see OPSD 400.010. 2 Stage I — temporary asphalt filler around catch basin including full curb. 3 Stage II — remove asphalt filler and complete curb in one pour. All dimensions are In mlllimetms unless othewise noted. MuDAcipalitv of Clarington Engineerng Services Department CJ O=) &AU M A CURB AND GUTTER DETAIL _ w�We MW AT CATCH BASIN C-305 APRIL 2004 I DIRECTION& LINES: MIN. 0.33m APART AND I.5m LANG MAXIMUM SPACING OF 30m BETWEEN EXPANSION JOINTS AND WHERE SOEWNJ( ABUTS AN RIGID srRUCTURE 0.75 1PROPERTY LINE 1 8 1.5 74�11 CONCRETE NnLL CONTRACTION JOINTS (TYP.) DEPRESSED CURB 1,5 0.75 u 7 d JO nm CO 150mm AT DRIVEWAYS - COMPACTED NATIVE MATERIAL (SEE NOTES 7 AND 2) NOTES 1 Use 100mm compacted granular 'A' if native material is deemed unacceptable by the Municipality. ' 2 Subgrade material to be well compacted. then dampened immediately prior to pouring sidewalk. 3 Concrete shall conform to OPSS specifications (30MPa. 7% t1.5% air). 4 Curing compound to be sprayed on ,sidewalk within 1 hour of finishing. 5 Expansion joints to be be placed full depth of sidewalk. , 6 Contraction joints to be 25% of full depth of sidewalk. 7 Surface of sidewalk to have a broom finish. All dimensions are In mshn union oMsrwln noted. , MulpLicipality of Clarin on Engineering Services Department C Hela•a WEVISpN Na ' - - AITIIaVm sae " �"`° STANDARD CONCRETE SIDEWALK C-307 APRIL 2004 3m VERTICAL TAPER 1.Om — — — PROPERT'! LANE I REFER TO APPROVED HOUSE SITING PLAN (MAX. 6.0m) E STREET LINE i� STREET LINE LIMIT APPROACH OF APPRGACH PAWHG �.-2z TO ax CONCRETE SIDEWALK MIN. 50m H U ASPHALT Mel 150mm GRANULAR 'A' OR CRUSHER RUN UMESTONE(COMPACTED) COMPACTED SUBCRADE I� SIDEWALK SIDE OF STREET STREET LINE �— 2% TO BST MIN.^150 nm GRANIRAR a OR CRUSHER RUN LIMESTONE(COMPACTED) COMPACTED SUBGRADE NON—SIDEWALK SIDE OF STREET All dimensions am In millimetres unless otherwise noted. Muigicipality of Clarington Engineering Services Department DRIVEWAY APPROACH FOR «,F RESIDENTIAL DRIVEWAYS C-309 APRIL 20" PROPOSED PAVORlF E%ISINO PAVEM ff - W, A BASE ASPHALT JOINT DaSTM SURFACE ASPHALT TO SE RED j PROPOSED PAVEMEKr 100 TO BE REMOVED eamm HL3 Aiod All EDGES IT BE PANTED WITH A BOUWNOUS FIAULSIOH SECTION A-A O(ISTRIG PAVEMENT All dimensions are In millimetres unless otherwise noted. Munjcipality of Clarin ton Engineering Services Department `HCa® aE�anH Ho. rvPRV.ID mavoH.ale SURFACE PAVEMENT JOINT TREATMENT ME IL 2004 C-311 IM 00 am im MM - EP Edge of paved Pavement I shoulder Outlet marker , surface j 25x25mm golv. j steel bar toverlop 2.2m long Embedment material, Note 1 Granular shoulder ^`�� 100 or 150mm diameter smooth inside wall outlet pipe 300mm Geotextile 3% min min ° Note 2 150 Subgrade Outlet e 300mm min pipe overlap 2Sm outlet with i See Outlet Pipe See Outlet Pipe rodent gate I 150mm min pipe bedding Trench Details Runout Detail 150--I 600mm 450mm 300 SUBDRAIN OUTLET PIPE DETAIL to lm min SINGLE OUTLET PIPE Perforated Pavement TRENCH DETAIL subdrain surface 300mm min pipe Subdrain and outlet overlap pipe trench Embedment material Note 1 p pipe ated p o e a °o e o °° o ° 100 or 150mm diameter outlet 3% min o 0 Note 4 - ° 0 ° o ° ° ° ° ° 0 smooth inside wall outlet 0 0 ° o o pipe, TYp Curved pipe Outlet pipe Catch ° ° ° e° 0 o Geotextile fittings or basin o° Note 2 45' Elbow Granular, Note 3 °o — o ° Connections Non—shrink grout in wall of existing structure Core hole diameter 150--{--200150— SOmm min pipe bedding to allow outside wall of outlet pipe into structure 500 OUTLET PIPE RUNOUT DETAIL OUTLET PIPE CONNECTION DUAL OUTLET PIPE TO CATCH BASIN DETAIL TRENCH DETAIL NOTES: i Embedment material shall be 19mm clear stone or granular as specified. 2 Outlet pipe and subdrain trench embedment material shall be wrapped with geotextile. 3 For catch basin connections, outlet pipe trenches backfilled with granular do not require geotextile wrap. 4 Install outlet pipe flush with inside face of catch basin. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2008 Rev ' sav A Use compatible manufactured fittings for all connectors and couplings. SUBDRAIN PIPE _ _ _ _ _ _ _ _ _ _ S B All dimensions are in millimetres unless otherwise shown CONNECTION AND OUTLET — — — — — — — — _ RURAL OPSD 206.050 eM v2M .M JM JIM MW AN i. 11011 AS dM tIft AS 0 00 h A 2:r troy rt or tfttptrt • • � ,r s turfae r lot StoRInD f 7YPf1 rte MHh to �, w OrlrM d '. ' •.. • f : i and .w .t w•. * ✓ D 10 100 ' . �''•' •� �• • 'I,+♦.• � r ' ,'••. A. •• 1' • . ' •y • • it ', .I` • ♦ '' . �� •� • , ,ter • • y '•.. ..� i . • •• , . t � '• , I• •' 'J• Ili �/I • • I l e j •♦ ,' 'i ♦ ' ♦ '.•� • •,' •. .!upgrade elevatlan on roadway fmAtslope NOTES: A For application to designated areas. 8 All dimensions are in millimetres unless otherwise shown, ONTARIO PROVINCIAL STANDARD DRAWING Date 1990 09 la Rev 2 Date SODDING OF SIDE SLOPES --------;_-- OPSD- 218.01 III Area under construction i o£ (4 End run Barrier � �. of main run End run w4 Area under protection w by Area under PERSPECTIVE VIEW construction Direction of flow Silt fence bonier Area under protection SECTION Direction of flow 2.3m max, Typ Main run PLAN A Stake Geotextile _c E 300mm min E of geotextile E in trench 0 Direction ° Di flow �O Trench to be backfilled and compacted Earth surface o 0 N TO O i � 200 SECTION A—A NOTE: A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 IRev t srgy0� LIGHT-DUTY - - - - - - - - - - - SILT FENCE BARRIER OPSD 219. 110 W OM M i M *, r M Aft wift A H Am ! 820 152 612 108 A 25—1� 564 64 _ � 64 32 �r 32 I M _ 1 T I ili Li i i /•i�� 44... n ---I F-38 ��+IM �I�--3 Y I Co 54— I 86 Co li i, 702 —{51 76 76 m �r N L I ko N J N02 —151 66 3 N , �� 1 51 O T-1 C N 19mm dio hinge pin, Typ Hoisting hook rib GRATE PLAN SECTION C—C , A 20mm, Typ Typ, OPSD 400.001 FRAME PLAN SECTION A—A R838 — R4.57m 25mm 25mm 657 .-il 178 TYP—{ —{ �TYP 17 623 -17 See Slot Detail 32 o' 9 I, -I— N N R25 R25 �13mm, Typ CO n M J j SECTION D—D SECTION E—E —p NOTES. I—,o5 610 to5—� A This OPSD to be read in conjunction with OPSD 610.010 and 610.020. 29 SECTION B—B 6 All dimensions are in millimetres unless otherwise shown. L I-54 ONTARIO PROVINCIAL STANDARD DRAWING Nov 2007 1 Rev 11 srny —°# 48 CAST IRON, SQUARE FRAME WITH _ _ _ _ _ _ _ _ _ P < R14.5 SQUARE OVERFLOW TYPE DISHED GRATE FOR _ _ _ _ _ _ _ SLOT DETAIL CATCH BASINS, HERRING BONE OPENINGS OPSD 400.010 Boulevard or sidewalk Edge restraint Curb and gutter, Note 2 Concrete pavers, Note 1 Joint sand Typ o '. a. .. . . �. ..°. a .. ° ° 20-30mm e. . bedding sand as specified Granular base and subbase as specified Subgrade Subdrain, Note 2 VEHICULAR NON—VEHICULAR NOTES: 1 Concrete paver thickness: — for vehicular traffic — 80mm minimum. — for non—vehicular traffic — 60mm minimum. 2 This drawing is to be read in conjunction with OPSD 200 and 600 series drawings. A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 Rev 1 av P 7 INTERLOCKING CONCRETE PAVERS - - - - - - - - - - ON GRANULAR BASE OPSD 561 .010 Dropped curb at entrances Thickness of adjacent sidewalk Typ Typ 275 275 225 25 f P 4P 25 For flexible o�z �Sp ! o�w _ pavement ? Typ Y. :. _ N . : . . . o Note 3 - a °.. - Note 3 . . `5 ✓� 25 525 --150 525 --150 For rigid pavement Additional width 25x75mm keyway where sidewalk is centred in concrete base adjacent to curb Notes 1 and 3 Typ Typ TANGENT SUPERELEVATED j LEGEND: S — Rate of pavement superelevation in percent, %. NOTES: 1 When curb and gutter is adjacent to concrete pavement or base, this drawing is to be used in conjunction with OPSD 552.010 and 552.020. 2 Flexible and composite pavement shall be placed 5mm above the adjacent edge of gutter. 3 For slipforming procedure, a 5% batter is acceptable. A Treatment at entrances shall be according to OPSD 351.010. B Outlet treatment shall be according to the OPSD 610 Series. C The transition from one curb type to another shall be a minimum length of 3.0m, except in conjunction with guide rail where it shall be according to the OPSD 900 Series. D All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 1 Rev 11 sru CONCRETE SEMI-MOUNTABLE - - - - - - - - - - P J S CURB WITH STANDARD GUTTER 1 OPSD 600.060 i 'i 3.8m termination 150mm Curb with min gutter 0 0 1 I - l ' 011' Gutter line Z i i PLAN 225 (— END VIEW ELEVATION MOUNTABLE CURB WITH GUTTER ` Curb with gutter 3.8m Termination 150mm min ' 1 i I III Gutter or > o III a curb line Z —I Varies I` PLAN N END VIEW -- ------------------- ELEVATION BARRIER AND SEMI—MOUNTABLE CURB WITH GUTTER NOTES: 1 Slope to match existing shoulder. A This drawing is to be read in conjunction with OPSD 600 series curb with gutter drawings. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 Rev 1 ST O P � METHOD OF TERMINATION — - - ,c S FOR CONCRETE CURB WITH GUTTER OPSD 608.010 i 40 * 04f 1. Right angle bend 2. Tee connection 3. Three way junction soft 1A30 + + } 4. Four way junction 5. Straight through 6. Dead end 1 4.1 + + 8:1 mmk D max D/2 min e. O e. t ' 7. Wye connection 8. 45' bend Section 50mm min MAXIMUM SIZE HOLE IN THE WALL IN PRECAST RISER SECTIONS Maintenance No.7 No. 1-4 No. 5 & 6 No. 8 Hole Diameter Inlet Hole Outlet Hole 1200 700 860 780 700 860 1500 860 1220 960 860 1170 1800 1220 1485 1220 1220 1485 2400 1485 2020 1760 1485 2020 3000 1930 2450 2300 1930 2450 3600 2195 3085 2730 1 2195 3085 NOTES: A Concrete for benching to be 30MPo. B Benching to be given wood float finish, channel to be given steel trowel finish. C Benching slope and height to be as specified. D All dimensions are nominal. E All dimensions are in milimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2004 1 Rev 12 0 srgq MAINTENANCE HOLE BENCHING = � 5 AND PIPE OPENING DETAILS - OPSD - 701 .021 Curb with Curb with —Pout gutter pavt gutter Grate reference elevation '1 Frame to be Typ set in a full Standard frame rr--�--n 450mm r1� mortar bed with grate _— i__;j maximum to Typ Typ first step Typ Nte 1 ,, + Adjustment units: minimum of one o e' maximum of three Typ 300mm First adjustment unit to be�p � s mortar bed, Typ SECTION THROUGH z SECTION THROUGH SECTION THROUGH TAPER TOP FLAT CAP CATCH BASIN adjustment unit with a minimum of 1 wire with an end area of at least 15mm2. Lap wire 150mm or butt weld. Maintenance hole step Note 2, Typ Frame with grate or cover Note 1 _ :/ — _ _ _ _ _ _ _ — — _ — _ _ _ _ Adjustment units for 50mm or 50mm or maintenance holes Adjustment units T 75mm Typ , Typ with round openings. 75mm, for catch basins Available in sections with square or continuous units. openings. Use butyl tape r I r Available in between units, sections or continuous units (^, Use butyl tape Toper top Flat cop between units. Riser section Catch basin NOTES: 1 If first step is in an adjustment unit, the adjustment unit shall be of the type manufactured with a step in place. 2 Centre reinforcing in adjustment unit t10mm. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2004 Rev 11 say A Adjustment units shall not extend PRECAST CONCRETE ADJUSTMENT UNITS beyond the outside edge of the — — — — — — — — — — g structure. FOR MAINTENANCE HOLES, CATCH BASINS, — — — — — _ — — — _ _ B All dimensions are in millimetres unless otherwise shown. AND VALVE CHAMBERS OPSD - 704.010 PIPE IN SUPPORTED — PIPE IN UNSUPPORTED — — PIPE IN SUPPORTED EXCAVATION EXCAVATION EXCAVATION Support system Note 3, Typ Subgrade 0.55 Typ Backfill material '.: For a culvert frost treatment ..Q Clearance PP 1.5 See table a 300mm min, Note 2 Typ " .TYP 300mm min • : :.�. S E Ea E S N E TYPE 1 OR 2 TYPE 3 w 300mm SOIL SOIL 0.55 min Typ 0.75 S 0.755 Bedding grade Note 1 Note 1 PIPE IN SUPPORTED — — PIPE IN UNSUPPORTED EXCAVATION EXCAVATION 0.55 Subgrade LEGEND: -. s s. Q1 S — Span of pipe arch S Backfill material NOTES: For pipe culvert frost 1 For width 0.75S, granular material to be uncompacted for its treatment, Note 2 full depth and fine graded to shape of bottom of the pipe arch. CLEARANCE TABLE Bedding grade 0.55 2 Pipe culvert frost treatment according to OPSD-803.030 and 803.031. � TYPE 4 Pipe 0.755 Clearance 3 Condition of trench is symmetrical about centreline of pipe. Nate 1 SOIL Span mm A Granular material placed in the haunch area shall be compacted prior 900 or less 300 to placing and compacting the remainder of the embedment material. over 900 500 B Soil types defined in the Occupational l Health and Safety Act ONTARIO PROVINCIAL STANDARD DRAWING Nov 2005 JRevJ 1 sr1� and Regulations for Construction o P Projects. FLEXIBLE PIPE ARCH _ _ — — — — — — — _ s C All dimensions are in metres EMBEDMENT AND BACKFILL _ _ _ _ _ _ _ _ _ _ '91l_r `� unless otherwise shown. EARTH EXCAVATION OPSD - 802.020 ow so Im 41W 00 we Aw— Im Pipe Profile grade d 10( k — d Typ Subgrade Granular it k pros backfill pipe clearance '� 4 f f. toper, Note.2 .TYD . .' l r __Frost penetration line below bottom of bedding grade_ Note 1 ___ Bedding grade FROST TREATMENT — RIGID AND FLEXIBLE PIPE I NOTES: LEGEND: , 1 Pipe embedment or bedding, cover, and backfill according to: d —depth of roadbed granular a) Flexible — OPSD-802.010, 802.013, 802.014, k —depth of frost treatment 802.020, 802.023, and 802.024 f —depth of frost penetration b) Rigid — OPSD-802.030, 802.031, 802.032, 802.033, 802.034, 802.050, 802.051, 802.052, 802.053, and 802.054. 2 Frost tapers start at bedding grade. A Frost tapers are not required in ONTARIO PROVINCIAL STANDARD DRAWING Nov 2005 Rev 1 r rock embankment. FROST TREATMENT — PIPE CULVERTS — — — — — — — — _ _ SP FROST PENETRATION LINE BELOW - - - - - - - - - - BEDDING GRADE OPSD - 803.030 swim so M �iiiiliilliIli Pipe Type 1 and 2 soil I Type 3 and 4 soil i �-- Note 2 1* 1 3 F7 1� Profile grade 10(k —d), TvP _ Subgrade — Granular I k=f backfill Limit of Frost -- toper . , pipe clearance, TYPi _ N to —frost 3 .' taper, ° --------- --- ----------- ��J. .� .. ----- -�-�------�----�__� Frost penetration line Note 1 , between these limits Note 3 Bedding grade I Edge of pipe FROST TREATMENT — RIGID AND FLEXIBLE PIPE NOTES: LEGEND: 1 Pipe embedment or bedding, cover, and backfill according to: d — depth of roadbed granular a) Flexible — OPSD-802.010, 802.013, 802.014, k — depth of frost treatment 802.020, 802.023 and 802.024 f — depth of frost penetration b) Rigid — OPSD-802.030, 802.031, 802,032, 802.033, 802.034, * — Type 3 soil 802.050, 802.051, 802.052, 802.053, and 802.054 ** — Type 4 soil 2 Condition of frost treatment symmetrical about centreline of pipe. 3 Frost topers start at the intersection of the 1H:1V or 3H:1V slope and the frost penetration line. A Frost tapers are not required in rock embankment. B Frost tapers not required when frost line is above the top of ONTARIO PROVINCIAL STANDARD DRAWING Nov 2005 Rev 2 siav pipe. p C Soil types as defined in the FROST TREATMENT — PIPE CULVERTS — _ — _ _ — — — — — s Occupational Health and Safety Act and Regulations for FROST PENETRATION LINE BETWEEN _ — — — — — — — _ _ Construction Projects. TOP OF PIPE AND BEDDING GRADE OPSD - 803.031 WHEN ARE INLINE DRAINS USED? THE INLINE DRAIN CAN BE USED TO ENTER AN THE INLINE DRAIN CAN BE USED AT EXISTING LINE BY USE OF A RISER AND A TEE �THENNING OF A DRAIN LINE RISER I TEE TYPICAL INSTALLATIONS INLINE DRAIN - 10'INLINE DRAIN DRAIN BASIN 12'DRAIN BASIN TYPICAL INSTALLATION OF NYLOPLAST DRAIN BASIN AND INLINE DRAIN d VARIABLE ELEVATION INLET ADAPTERS CAN BE PUT ON 10'INLINE DRAIN ANY ANGLE WATERTIGHT ADAPTERS AVAILABLE FOR ALL PLASTIC PIPING SYSTEMS WHEN ARE DRAIN BASINS USED? 1:CHANGE ELEVATION 2:'CHANGE DIAMETER J:CHANGE PIPE 4:CHANGE DIRECTION CORRUGATED _ 15" 10" POLY PIPE A I � I SMOOTHWALL PVC THIS PRINT DISCLOSES SUBJECT MATTER IN WHICH DRAWN BY AWA MATERIAL 1110 VERONA AVE NYLOPLAST HAS PROPRIETARY RIGHTS,THE RECEIPT BUFORD.OA 00510 OR POSSESSION OF THIS PRINT DOES NOT CONFER, DATE t0A0000 Tom{ ♦ PNN QTO)N2-0400 TECHNICAL SHOWN HEREIN l810N OR 1\yl��"CZSI FAX I7riapl3H=4~em AVAILABLE IN SIZES 8"THROUGH 30 REPRODUCTION OF THIS PRINT OR ANY INFORMATION APPOBY CJA PROJECTNOJNAM! CONTAINED HEREIN,OR MANUFACTURE Of ANY DRAIN BASIN I INLINE DRAIN TITLE ADAPT TO PIPE SIZES 4"THROUGH 30". ARTICLE HEREFROM,FOR THE DISCLOSURE 70OTHERS DATE 10A0000 11'-30'TYPICAL INSTALLATION OPTIONS IS FORBIDDEN,EXCEPT BY SPECIFIC WRITTEN PERMISSION FROM NYLOPLAST, DWGSRE A SCALE 1:00 SHEET IOF1 DWO NO. 7007.110 402 REV B 12" DRAIN BASIN DUCTILE IRON GRATE 12" W ON IRON FRAME INLET AND OUTLET VARIABLE INVERT VARIABLE OVERALL ADAPTERS AVAILABLE HEIGHT HEIGHT'(2) 4'THRU12' F VARIOUS TYPES OF OUTLETS WITH WATERTIGHT ADAPTERS '(2)MAXIMUM 4'•12" �(1) FOR: RECOMMENDED ADS N-12 OVERALL HEIGHT 10' 6'MIN. '(1)ADAPTERS CAN BE SDR-35 SEWER MOUNTED ON ANY ANGLE SCHEDULE 40 DWV O'TO 359'.TO DETERMINE CORRUGATED PVC MINIMUM ANGLE BETWEEN RIBBED PVC ADAPTERS SEE DRAWING NO.7001.110.012. I� I 15" DRAIN BASIN DUCTILE IRON GRATE W/CAST IRON FRAME 15' 3.63• INLETAN D OUTLET ADAPTERS AVAILABLE 7-'- 4-THRU15- VARIABLE INVERT HEIGHT VARIABLE OVERALL HEIGHT•(2) VARIOUS TYPES OF OUTLETS '(1) WITH WATERTIGHT ADAPTERS FOR: O BE ADS N•12 '(2)MAXIMUM M ADAPTERS CAN SOR-35 SEWER RECOMMENDED 6"MIN, MOUNTED ON ANY ANGLE SCHEDULE 40 DWV OVERALL HEIGHT 10' 4'•15" O'TO 359. TO DETERMINE MINIMUM ANGLE BETWEEN CORRUGATED PVC ADAPTERS SEE DRAWING RIBBED PVC NO 7001.110,012, THIS PRINT DISCLOSES SUBJECT MATTER IN WHICH- DRAWN BY AWA MATERIAL 3130 VERONA AVE NYLOPLAST HAS PROPRIETARY RIGHTS.THE RECEIPT BUFORD,CA 30511 OR POSSESSION OF THIS PRINT DOES NOT CONFER, DATE 11A0000 PHN(770)032.2"3 TRANSFER,OR LICENSE THE USE OF THE DESIGN OR Mylo last FAX(770)93bm som TECHNICAL INFORMATION SHOWN HEREIN APPO BY CJA PROJECT NOJNAME 2 REPRODUCTION OF THIS PRINT OR ANY INFORMATION TITLE CONTAINED HEREIN,OR MANUFACTURE OF ANY GRAIN BASIN 11"875"DESIGN DETAILS ARTICLE HEREFROM,FOR THE DISCLOSURE TO OTHERS DATE 11A0000 IS FORBIDDEN,EXCEPT BY SPECIFIC WRITTEN PERMISSION FROM NYLOPLAST. DWOSIZE A SCALE 1:120 $NEST IOFI DWO NO, 7001.110.046 REV 5 i � ROAD ALLOWANCE PRIVATE PROPERTY MAX. 3 m p V N PVC CAP i OT GLUED J 135 mm SLIDE TYPE w VALVE BOX & COVER a tt a 22.5% RADIUS BENDS Y' BRANCH 100 mm OR 150 mm PIPE 1� SURFACE CLEANOUT NOTES 1.WHEN THE CLEANOUT IS LOCATED IN A DRIVEWAY. A STANDARD VALVE BOX IS REQUIRED. 2. BEDDING DETAIL AS PER S-401. ALL DIMENSIONS IN MILLIMETRES EXCEPT WHERE NOTED. DWG. DATE: VALVE BOX FOR PVC REVISION REV. DATE:: SCALE: N.T.S. STORM SEWER CLEANOUTS S TD 1 �i W M ant MI 'llm o I= W 'M a a• l= no sw a! *" as In ]SRO-]EC®-L rM tmn Composite osnte XPOR T to HeadwzU S tan ores (D U.S. Paw Ws D477,544 Alts)D447,543 cadflle:hndou tO3.dwg STANDARD HEADWALL 45 DEGEE HEADSLOPE OFFSET THRU CENTRE OF CULVERT TO EDGE OF 45 degree SHOULDER r nFr ogFee lee Slope trul um Haight Bht Iwek 6pl0o Pipe Obmabr Ditch Rang• Headwall A B D F G 5 W F SaHSS mm mm mm mm mm mm mm 1.6 444 394 "330 200,250,300 mm 431.660 904 663 pipe Sim -2 600 508 "355 200.250,300,375 mm 660-914 304 1244 rlrlds 3 820 813 850 300,375,4M 450.500,525,60D 813-1166 300 1370 4 1300 1196 915 450,$00,525,600,750,900 1143-1660 300 1800 1.6 f7/ Li i,Y 5 1600 15M 1170 750,90D,1000,1200 1320.2075 $00,800 2360 i I r : I s Only available as a FIXED SPIGOT headwall / / / +• Dim.D-Invert may be lowered so lek mesh with the bottom awale. S edhr an ardor as Flesh bottom Some rarIc0ons aoelyloE N ECTe' EF / I / I o • I L I _ RECOMMENDED DITCH RANGE IGO VIEW OF STANDARD HEADWALL LOW PROFILE HEADWALL 22.5 DEGREE HEADSLOPE 45 DEGREE HEADSLOPE. OFFSET THRU CENTRE OF CULVERT TO EDGE OF 45 degree SHOULDER F_Lm Profile Pipe St b Sizes? r r r LOW PROPILE HEADWALL• 22�opm Nean1Slope #4 Structure j M•bht town aplBatPa•DNmapT DMh Banta VRM- , I Mn4w011 A a 0 P D e W 0 Q 1// i� 1 �.��� i aadn mm mm mm mm mm mm mm C 8 6 ^2140 1890 1615 1200,1400,1600 1650.2843 480600 3000 1 ! 1 2820 2320 1952 1600,1600,2000 23803626 480-600 4140 ^3 ^ HEADNALL OPTIONS ACCEssiones AVAILABLE vut Flop Gate null" aTRASH GATESnot ehoon Slulm Gate niodeh SECURITY GRIDS IN vertical, - Drop Headwalls horizontal and mesh opening. Sump Head"Is **APRONS REDUCE SCOURING 6 EROSION Wetr drop bdmodeb(cw) providing odditionol onchoroge. Product of CIF Composites Inc. ill 7R&XC&=2M HEADWALL STRUCTURE Installation Spec Page i ® U.&Fmbw Ne°a ffikf99 W no HD699 M Installation Sketch shows FRP Spigot onFixed Spigot (FS) Headwall. Note: XMXTt® Heodwolls similar install method ••-'SEEK SITE ENGINEERS APPROVAL BEFORE PROCEEDING r oul ba degree sJppe sap. r 12.00 ap ran I order os req d add 12o to unit code ckf1J ,tope Install Rip Rop as is not retained by heodwafl req.d by site engineer wings use Rip Rap as directed ' by site engineer make complete retention. •• Note FRP Spigot shown connected to 801000 pipe. For leflYapCOPOMis spigot use pipe manufacturers coupling. anchor cable Otherwise Installation method similar. rib connections. use as req,d by } —� t� grade min. site engineer / +' - 12-(300mm) min. overbprden 1:1 slop / t Backfill Dtmparted granular fill or native soil if approved 1 1£ seal d poc by site engineer. I I with grout,or foam Bock fill to master municipal backing rod or specifications latest edition. r 11 expandable foam. Relevent sections 02223,02236 L5:1 9f9Q� �•� i i 02723 a d 02226 /Osten pipe with s/s IS \I I machine screws c/w n is and washers. i Win, 100mm granular 12.00 min ip Ro j base compacted to --- or as instructed I 95X Proctor density. by site ngineF er, 12' Apron installed on recommendation I of site engineer. Install prior to granular bockfill to grade req.d. DATE: Novi 2100 re43. Nov19/01 cadfile: headwafls/hndouts/instdl.dwg i� 0WG. UNITS: Inches Scale: N.T$. OWa. by. D.S.auin DWG. 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-8 GEOTECHNICAL INVESTIGATION BOREHOLE LOGS Ce % 01 LOO 'P J7&6 b < 4C do po" lowl—L, bl 06- It & BOREHOLE LOCATION PLAN DATE: MAY, 2009 Gootechnical Investigation SCALE: 1:10,000 Old Swgog Road Village of Hampton JOB NUMBER: G022428A1 Municipality of Claryngton 347 PIDO ROAD, UNIT 29 PETERBOROUGH,ON K9J 6X7 ease Pianfr=!AWsVy&NMUMIRes°.cmOBM10 17 DRAWING NUMBER: PLATE 1 rrre74o 11 68M 48700 (Air Ph t Why 1992!Published 2001) Log of Borehole: BH-1 Project No: G022 428 Al 347 Pido Inc. 347 ido Road, Unit 29 Project:Old Scugog Road, Hampton,Clarington Peterborough, Ontario K9J 6X7 44io Location: 17 N E680979 N4871026(+/-3m)[at house no. 5343 (east side of road)] SUBSURFACE PROFILE SAMPLE Moisture Content *Moisture Content%* o 10 20 30 40 O E w 2 REMARKS x Co DESCRIPTION C F m w Standard Penetration Index E 0 v}i w 0 z Z 2a in blows/0.3m 80 a On m0 Ground Surface ASPHALT o.0 1__ GRANULAR FILL Brown Sand, some Gravel and Silt, 31 2 moist 1 AS na Open borehole remained ORGANICS dry throughout the drilling .: Buried Organics Sandy/Silty textured, black operation r 3 1 SILTYSAND 0.9 11.3 Brown Silty Sand with Gravel,wet 2 AS na III � 4 5 GLACIAL TILL g Brown Sandy Silt trace Clay and Gravel,moist to wet 18 2 3 AS na 7 i g _ -____- ° Grey 9 16. 4 AS na i 10 3 Borehole terminated 11 Elevation (m): Existing Grade Geologist/Technologist: P. Hynes a Completion Depth (m): 3.0 m Drilling Company:G.E.T. Drilling Date of Boring:April 15, 2008 Drilling/Sampling Equipment:Truck-mounted Drill Rig Plate No.:A-1 i Log of Borehole: BH-2 Project No:G022 428 Al Geo-Logic Inc. 347 Pido Road, Unit 29 Project.Old Scugog Road, Hampton, Clarington Peterborough, Ontario K9J 6X7 Orr"", Location: 17 N E680850 N4871105 (+/-3m) [at house no. 5394(west side of road)] SUBSURFACE PROFILE SAMPLE Moisture Content m *Moisture Content%e 1 16 o£ 0 20 30 40 ° X DESCRIPTION ;F m W Standard Penetration Index E REMARKS w a D a < N in blows/0.3m N o ai w o z Z 20 40 60 80 a fit Ground Surface ASPHALT 1 GRANULAR FILL Brown Gravelly Sand,moist 4.8 1 AS na 2 Open borehole remained dry throughout the drilling GLACIAL TILL 0 8 operation 3 Brown Sandy Silt trace Clay and 1 Gravel, moist to wet 19 1 2 AS na 4 D 5 . ----------------- Brown to grey Silt and Clay some Sand trace Gravel s 16. 2 3 AS na 7 e I Grey Clayey SIR,some Sand, moist to _s wet 17. B 4 AS na Borehole terminated 2.6 Borehole terminated at g practical refusal-presence of boulder inferred(but not j confirmed) 7 10 3 11 Elevation (m): Existing Grade Geologist/Technologist: P. Hynes L � Completion Depth (m): 3.0 m Drilling Company: G.E.T. Drilling Date of Boring: April 15, 2008 Drilling/Sampling Equipment:Truck-mounted Drill Rig i Plate No.:A-2 a i CORPORA TION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-8 it I 1 OPS GENERAL CONDITIONS OF CONTRACT (November 2006) j ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS P�XO STq NO o O P N � Q G $ V O J`� qL-PR i GENERAI. CONDITIONS OF CONTRACT (November 2006) I Ontario Provincial Standards METRIC for OPSS.MUNI 100 Roads and Public Works November 2006 OPS GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0-INTERPRETA TION i GC1.01 Captions. ........................................___.................................................................6 GC1.02 Abbreviations......................................................--...............................................6 GC 1.03 Gender and Singular References............................. ............................................6 GC1.04 Definition .............................._..............................................................................6 GC 1.05 Substant' I Performance......................................................................................11 GC1.06 Col leti ...........................................................................................................11 GC1.07 Final Acceptance ................................................................................................11 GC 1.08 Interpreta 'on of Certain Words................................... ........................................ 11 SECTION GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents........................................................................12 GC2.02 Order of ecedence............................................................................................. 12 SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract dministrator's Authority.......................................................................14 GC3.02 Working Drawings................................................................................................15 GC 3.03 Right of Ole Contract Administrator to Modify Methods and Equipment..............16 GC 3.04 Emergen Situations..........................................................._........_._................16 GC3.05 Layout... ........................................................................._..................................16 GC 3.06 Extension of Contract Time..................................................................................16 GC3.07 Delays.... ....................................::.......................................................................17 GC 3.08 Assignme rit of Contract....................................................°----..............................17 GC 3.09 Subcol cling by the Contractor........................................................................18 Page 1 Rev.Date: 1112006 OPSS.MUNI 1011 1 GC3.10 Changes...................................... .................................... .......................... ...... 18 � GC 3.10.01 Changes im the Work ........................................................................................... 18 GC 3.102 Extra Work � —`~^^`~^^----...~--'------,....--------'19 GC 3.10.03 Adcbtional Work........................................................ ...........................................1R GC3.11 Notices.................................................................................................................18 GC 3.12 Use and Occupancy of the Work Prior ho Substantial Performance................... 19 GC3.13 Claims,Negotiations. Mediation...................... .................................... .............2V GC 3.13.01 Continuance of the Work.....................................................................................20 mm GC3.13.02 Record Keeping...................................................................................................2O GC3.13.03 Claims Procedure................................................................................................?O GC3.13.04 Negotiations ........................................................................................................21 GC3.13.05 Mediation............... ............................................................................. ..............-31 GC3.13.06 Payment.... ..........................................................................................................21 GC 3.13.07 Rights of Both Parties..... ........................................ ...........................................21 GC3.14 Arbitration......................... ................................ ....................................... ..........21 GC 3.14.01 CorKlitiono for Arbitration .... ................................................................................21 GC 3.14.02 Arbitration Pnooedune ..... ..................................................................... .............22 GC 3.14.03 Appohntnontof Arbitrator.....................................................................................22 GC3.14.04 Costs............................................................................ ................................ ......22 n�p GC3.14.05 The Decision.................................................................................... ...................23 GC 3.15 Archaeological Finds.................................................... .......................................23 -- SECTION GC 4.0.OWNEWS RESPONSIBILITIES AND RIGHTS GC4.01 Working Area......................................................................................................24 GC 4.02 Approvals and Permits........................................................................... .............24 GC 4.03 Management and Disposition cf Materials...........................................................24 GC 4.04 Construction Affecting Railway Property.................. .................. .......................25 -- GC 4.05 Default bv the Contractor................................... .................................................25 GC 4.06 Contractor's Right No Correct aQefanmIt................................................................25 � Page Rev.Date: 1112006Op80.wVm|100 GC 4.07 Owner's ight to Correct a Default...................................... ...............................26 GC 4.08 Termination of Contractors Right to Continue the Work._..................................26 GC 4.09 Final Pal,ment to Contractor................................................................................26 GC 4.10 Terming on of the Contract.................................................................................26 GC 4.11 Continua ion of Contractor's Obligations.................... ........................................27 GC 4.12 Use of Performance Bond........................... ........................................................27 GC4.13 Payment Adjustment.................................................................................. .........27 SECTION GC 5.0-MATERIAL GC5.01 Supply Material................................................................................................28 GC5.02 Quality Material..... — ...._............._..................................._...........................28 GC 5.03 Rejected,Material..............................................................._................................28 GC5.04 SubstituU s...._.............................................._.................__..............._.............29 GC 5.05 Owner Supplied Material.l.................................................._..................................29 GC 5.05.01 Orderings of Excess Material................................_...................._..........................29 GC5.05.02 Care of Material.................................................... ...............................................29 SECTION GC 6.0-INSURANCE PROTECTION AND DAMAGE GC 6.01 Protection of Work,Persons,and Property.........................: GC6.02 Indemn' ation.....................................................................................................31 GC 6.03 Contractor's Insurance.........................................................................................32 GC6.03.01 General.:.................................................................._..........................................32 GC 6.03.02 General Liability Insurance..................................................................................32 GC 6.03.03 Autom a Liability Insurance.............................................................................33 GC 6.03.04 Aircraft alid Watercraft Liability Insurance........ ..................................................33 GC 6.03.04.01 Aircraft Liability Insurance....................................................................................33 GC 6.03.04.02 Watercraft Liability Insurance...............................................................................33 GC 6.03.05 Property and Boiler Insurance............................................................................33 GC 6.03.05.01 Property Insurance...............................................................................................33 GC 6.03.05.02 Boiler Insurance...................................................................................................34 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion.........................................34 GC 6.03.05.04 Payment for Loss or Damage.....................................................................:........34 Page 3 Rev.Date: 11/2006 OPSS.MUNI 100 GC 6.03.06 Contractor's Equipment Insurance.......................................................................35 GC 6.03.07 Insurance Requirements and Duration................................................................35 GC6.04 Bonding................................................................................................................35 GC 6.05 Workplace Safety and Insurance Board..............................................................36 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC7.01 General..................................................................................................................37 GC7.02 Layout....................................................................................................................39 GC7.03 Waking Area.........................................................................................................39 GC 7.04 Damage by Vehicles or Other Equipment.............................................................40 GC 7.05 Excess Loading of Moto'Vehicles.........................................................................40 GC 7.06 Condition of the Working Area...............................................................................40 GC 7.07 Maintaining Roadways and Detours......................................................................40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .......41 GC 7.09 Approvals and Permits...........................................................................................41 GC 7.10 Suspension of Work...............................................................................................42 GC 7,11 Contractor's Right to Stop the Work or Terminate the Contract............................42 GC 7.12 Notices by the Contractor......................................................................................42 GC7.13 Obstructions...........................................................................................................43 GC 7.14 Limitations of Operations.......................................................................................43 GC 7.15 Cleaning Up Before Acceptance............................................................................43 GC7.16 Warranty.................................................................................................................43 GC 7.17 Contractors Workers.............................................................................................44 GC7.18 Drainage.................................................................................................................44 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC8.01 Measurement.......................................................................................................45 GC8.01.01 Quantities.............................................................................................................45 GC 8.01.02 Variations in Tender Quantities............................................................................45 Page 4 Rev.Date: 1112006 OPSS.MUNI 100 GC8.02 Paymer> ...............................................................................................................46 GC 8.02.01 Price for Work................................................................... ..46 GC 8.02.02 Advance Payments for Material_............................................_........._................46 GC 8.02.03 Certification and Payment................. ............................... .................................47 GC 8.02.03.01 Progres3 Payment Certificate............................... ..............................................47 GC 8.02.03.02 Certifical on of Subcontract Completion ..............................................................47 GC 8.02.03.03 Subcontl Rct Statutory Holdback Release Certificate and Payment....................47 GC 8.02.03.04 Certifical on of Substantial Performance.............................................................48 GC 8.02.03.05 Substant at Performance Payment and Substantial Performance Statutory Holdbacl Release Payment Certificates..................................._. ......................48 GC 8.02.03.06 Certificat on of Completion...................................................................................49 GC 8.02.03.07 Completi n Payment and Completion Statutory Holdback Release PaymentCertificates............................................................................................49 GC8.02.03.08 Interest.........................._........ ............................................................................ GC 8.02.03.09 Interest Late Payment......................................................................_.............50 GC 8.02.03.10 Interest fix Negotiations and Gaims.............__...._.................._ ........................51 GC8.02.03.11 Owners et-Off....................................................................................................51 GC 8.02.03.12 Delay in Payment............................................... ................................. 51 GC 8.02.04 Payment on a Time and Material Basis................._ I ..........51 GC 8.02.04.01 Definitio"s............................................................................................ ...............51 GC 8.02.04.02 Daily Wok Records................................................... _............_...............:...........52 GC 8.02.04.03 Payment for Work................................................................................................53 GC 8.02.04.04 Payment for Labour.............._.............................................................................53 GC 8.02.04.05 Payment for Material............................................................. ..............................53 GC 8.02.04.06 Payment for Equipment.......................................................................................53 GC&02.04.06.01 Working ime_.............................................................._.....................................53 GC8.02.04.06.02 Standby ime.............................................................................................. ........53 GC 8.02.04.07 Payment for Hand Tools............................................................... ........54 ............... GC 8.02.04.08 Payment or Work by Subcontractors..................................................................54 GC 8.02.04.09 Submissi in of Invoices....................................................................... ................54 GC 8.02.04.10 Payment her Than on a Time and Material Basis................._.........................55 GC 8.02.04.11 Payment, nclusions..............................................................................................55 GC 8.02.05 Final A ptance Certificate......................... ......................................................55 GC 8.02.06 Payment Workers ............................................................................................55 GC8.02.07 Records-..............................................................................................................55 GC8.02.08 Taxes.... ..............................................................................................................56 GC 8.02.09 Liquidate Damages............................................................................................56 Page 5 Rev.Dare: 1112006 OPSS.MUNI 100 �' r i t SECTION GC 1.0-INTERPRETATION GC 1.01 Captions 01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit, or enlarge the scope or meaning of the General Conditions or any p vision hereof. GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Assoc iation of State Highway Transportation Officials "ACI" - American Conc to Institute "ANSI" American National Standards Institute "ASTM" American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Watef Works Association "CCIL" Canadian Co it of Independent Laboratories "CESA" Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board 'CSA" _ Canadian S rds Association "CWB" Canadian Weld, g Bureau "GC" - General Conditions 'ISO" - International Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTCr Ontario Ministry of Transportation "MUTCD" - Manual of Unifom Traffic Control Devices(Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" Ontario Provinct I Standard Drawing "OPSS" Ontario Provinci 1 Standard Specification "OTM" - Ontario Traffic anal "PEO" - Professional E ineers Ontario "SAE" Society of Auto olive Engineers "SCC" Standards Cou it of Canada "SSPC" - Structural Steel- ainting Council "UL" - Underwriters oratories "ULC" Underwriters L oratories Canada GC 1.03 Gender end Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include the feminine and the I 4ural and vice versa,as the context requires. GC 1.04 Definitions .01 For the purposes of this Conti act the following definitions apply: Actual Measurement means the field measurement of that quantity within the approved limits of the Work. Addendum means an addition or, change in the tender documents issued by the Owner prior to tender closing. Page 6 Rev_Date: 1112006 OPSS.MUNI 100 Additional Work means work not provided for in the Contract and not considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope. Agreement means the agreement between the Owner and the Contractor for the performance of the Work that is included in the Contract Documents. Base means a layer of material of specified type and thickness placed immediately below the pavement wearing surface layers,curb and gutter,or sidewalk. Business Day means any Day except Saturdays. Sundays, and statutory holidays. Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02,Certification of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized,directing that a Change in the Work or Extra Work be performed. Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings; substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or materials of the Work or part thereof,within the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingences, a Change in the Work, Extra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities,and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership, or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any Subsurface Report, and any other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules,aggregate sources lists,Quantity Sheets,and cross-sections. Contract Time means the time stipulated in the Contract Documents for Substantial Performance of the Work,including any extension of Contract Time made pursuant to the Contract Documents. Page 7 Rev.Date: 112006 OPSS.MUNI 100 Contractor means the person, rtnership, 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. Cost Plus has the same meaning as"Time and Material." Cut-Off Date means the date up which payment shall be made for work performed. Daily Work Records mean dail' Records detailing the number and categories of workers and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby,and description and quantities of Material utilized. Day means a calendar day. Drawings or Plans mean any tract Drawings or Contract Plans,or any Working Drawings or Working Plans,or any reproductions of dra iwings or plans pertaining to the Work. End Result Specification meals 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 machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context. Extra Work means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential to The satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement means a complete evaluation prepared by the Contract Administrator showing the quantities, unit prices, and filial dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the monthly estimates. Force Account has the same meaning as"Time and Material." Geotechnical Report means a' report or other information identifying soil, rock, and ground water I conditions in the area of any proposed Work. Grade means the required elevati n of that part of the Work. Hand Tools means tools that ar commonly called tools or implements of the trade and include small power tools. Highway means a common and.public highway any part of that is intended for or used by the general public for the passage of vehicles;and includes the area between the lateral property lines thereof. Lot means a specific quantity of material or a specific amount of construction normally from a single source and produced by the same process. Pap 8 Rev.Date: 11/2006 OPSS.MUNI 100 F Lump Sun Rem means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $100,000,or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material means material,machinery,equipment and fixtures forming part of the Work. Owner means the party to the Contract for whom the Work is being performed, as identified in the Agreement,and includes,with the same meaning and import,"Authority." Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete,hydraulic cement concrete, Portland cement concrete,or plant or road mixed mulch. Performance Bond means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Project means the construction of the Work as contemplated by this Contract. Quantity Sheet means a list of the quantities of Work to be done. Quarried Rock means material removed from an open excavation made in a solid mass of rock that, prior to removal,was integral with the parent mass. Quarry means a place where Aggregate has been or is being removed from an open excavation made in a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to removal,was integral with the parent areas. Rate of Interest means the rate of interest as determined under the Financial Administration Act by the Minister of Finance of Ontario and issued by, and available from,the Owner. Records mean any books,payrolls,accounts,or other information that relate to the Work or any Change in the Work or claims arising therefrom. Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions mean directions containing requirements specific to the Work. Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owner for performance of the Work. Subbase means a layer of material of specified type and thickness between the Subgrade and the Base. Page 9 Rev.Date: 11/2008 OPSS.MUNI 100 Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement w'h the Contractor. Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement structure,consisting of Base, Sub4 ase,and Pavement. Subsurface Report means a report or other information identifying the location of Utilities, concealed and adjacent structures,and physical obstructions that fall within the influence of the Work. Superintendent means the Contractor's authorized representative in responsible charge of the Work. Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing fi om the Contractor,submitted in the format prescribed by the Owner, to complete the Work. Time and Material means costscabculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where"Cost Plus and"Force Account"are used they shall have the same meaning. Utility means an aboveground or nderground facility maintained by a municipality, public utility authority or regulated authority and include services such as sanitary sewer,storm sewer,water,electric, gas, oil, steam,data transmission,telepho ,and cable television. Warranty Period means the period of 12 months from the date of Substantial Performance or such longer period as may be specified in the Contract Documents for certain Materials or some or all of the Work. Where a date of Substantial Performance is not established, the Warranty Period shall commence on the date of Completion. Work means the total construction and related services required by the Contract Documents. Working Area means all the land and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day, a) except Saturdays,Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and Equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Cont ' t by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner, or an employee of any one of them,or by anyone else acting on behalf of the Owner. H. non-delivery of Owner supplied Materials. iii. any cause beyond the re3sonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator. Page 10 Rev.Date., 11!2006 OPSS.MUNI 100 Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and shoring plans;Roadway protection plans; shop drawings;shop plans;or erection diagrams. GC 1.05 Substantial Performance .01 The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended;and when the Work to be performed under the Contract is capable of completion or, where there is a b) w pert cePa p , known defect, the cost of correction,is riot more than L 3%of the first$500,000 of the Contract price, ii. 2%of the next$500,000 of the Contract price,and iii. 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 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect, or last supply is not more than the lesser of, a) 1%of the Contract price;or b) $1,000. GC 1.07 Final Acceptance , .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time,the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract GC 1.08 Interpretation of Certain Words .01 The words "acceptable," "approval," "authorized," "considered necessary." "directed," "required," "satisfactory," or words of like import, shall mean approval of, directed, required, considered necessary,or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates otherwise. Page 11 Rev.Date: 1W006 OPSS.MUNI 100 SEC ON GC 2.0-CONTRACT DOCUMENTS GC 2.01 Reliance 3,n Contract Documents .01 The Owner warrants that th' information furnished in the Contract Documents can be relied upon with the following limitations -r exceptions: a) The location of all mainl"ie underground Utilities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3m vertical .02 The Owner does not warrant r make any representation with respect to: a) interpretations of data orr pinions expressed in any Subsurface Report available for the perusal of the Contractor,whether or not such report is included as part of the Contract Documents,and b) other information specifica ly excluded from this warranty. GC 2.02 Order of I Irecedence .01 In the event of any incons` tency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending order: 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 Ct nditions t j) General Conditions k) Working Drawings Later dates shall govern with" each of the above categories of documents. 02 In the event of any conflict,among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in fit ures on a Drawing shall govern where they differ from dimensions scaled from the same dra Ning; b) Drawings of larger scale i hall govern over those of smaller scale; Page 12 Rev.Dare' 1112006 OPSS.MUNI 100 R c) Detailed Drawings shall govern over general Drawings;and d) Drawings of a later date shall govern over those of an earlier date in the same series. , .03 In the event of any inconsistency or conflict in the contents of Standard Specifications the following descending order of precedence shalt govern: a) Owner's Standard Specifications b) Ontario Provincial Standard Specifications , c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincial Standard Specifications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Page 13 Rev.Date: 11/2006 OPSS.MUNI 100 SECTION QiC 3.0-ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority 01 The Contract Administrator}shall be the Owner's representative during construction and until the issuance of the Completion = erfificate or the issuance of the Final Acceptance Certificate,whichever is later. All instructions to the Contractor, including instructions from the Owner, shall be issued by the Contract Administrator. The Contract Administrator shall have the authority to act on behalf of the Owner only to the extent)provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. .03 The Contract Administrator may inspect the Work for its conformity with the Plans and Standard Specifications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and urrit- rites or to make an assessment of the value of the work completed in the case of lump sum price Contract. 04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment.i 05 The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's submissions such as shop drawings, product data, and samples in accordance with the Contract Documents: 06 The Contract Administrator' hall investigate all allegations of a Change in the Work made by the Contractor and issue appro "'ale instructions. 07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's approval. 08 Upon written application by die Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both. .09 The Contract Administrator 0 hall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by tboth parties to the Contract. Interpretations and decisions of the Contract A inistrator shall be consistent with the intent of the Contract Documents and,in making these decisions,the Contract Administrator shall not show partiality to either party. .10 The Contract Administrator shall have the authority to reject part of the Work or Material that does not conform to the Contract Documents. .11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of poor workmanship; the use of defective material; or damage through carelessnii ss or other act or omission of the Contractor and whether or not incorporated in the Work; or otherwise fails to conform to the Contract Documents, then the Contractor shall if directed I ty the Contract Administrator promptly remove the Work and replace, make good,or re-execute IN Work at no additional cost to the Owner. .12 Any part of the Work destrol ad or damaged by such removals, replacements,or re-executions shall be made good, promptly,at I io additional cost to the Owner. Page 14 Rev.Date: 1112006 OPSS.MUNI 100 i .13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents,the amount that will be determined in the first instance by the Contract Administrator. .14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. ' .15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work;or c) for the Contractor to remedy non-compliance in the case of such non-compliance with the provisions of the Contract by the Contractor. The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances. .16 The Owner has the right to terminate the Contract for wifful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. .17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not retum to the Working Area without the prior , written consent of the Contract Administrator. GC 3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as called for by the Contract Documents. .02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests, they shall jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed upon schedule,or otherwise,with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review shall be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Waking Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Waking Drawings has been approved in writing by the Contract Administrator. Page 15 Rev.Date: 11/2005 OPSS.MUNI 100 .05 The Contractor shall make iiny changes in Working Drawings that the Contract Administrator may require to make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the Cc ntract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Coi itract Administrator and marked with the words"Reviewed. Permission to construct granted." i .07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. GC 3.03 Right of-he Contract Administrator to Modify Methods and Equipment 01 The Contractor shall, when 0,Dquested in writing,make alterations in the method, Equipment, or work force at any time the Cont ct Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment. 02 The Contractor shall, when . quested in writing, alter the sequence of its operations on the Contract so as to avoid interference w th work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained th ughout the Work. GC 3.04 Emerge cy Situations 01 The Contract Administrator has the right to determine the existence of an emergency situation and, when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if the Contractor is not available,the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor,the Owner shall pay for the remedial work. GC 3.05 Layout 01 The Contract Administrator shall provide baseline, and benchmark infomnation for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the information provided by the Contract Administrator. GC 3.06 Extensl ` of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons and state the length of extension required 02 Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays,subsection GC 3.07. b) Changes in the Work,clause GC 3.10.01. c) Extra Work, clause GC .10.02. I Page 16 Rev.Date: 11@006 OPSS.MUNI 100 d) Additional Work,clause GC 3.10.03. .03 The Contract Administrator shall,in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades,and civil commotions,errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather,or f) archaeological finds in accordance with subsection GC 3.15,Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such application. Extension of Contract Time may be granted in accordance with subsection GC 3.06,Extension of Contract Time. .02 If the Work is delayed by labour disputes, strikes or lock-outs, including lock-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound, are beyond the Contractor's control, which then the Contract Time shall be extended in accordance with subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay,unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions by the Owner. .03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with subsection GC 3.13,Claims, Negotiations, Mediations. GC 3.08 Assignlnent of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written consent of the Owner. Page 17 - Rev.Date: 11/2006 OPSS.MUNI 100 GC 3.09 Subcon acting by the Contractor 01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents. 02 The Contractor shall notify tie Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to s contract. Such notification shall identify the part of the Work, and the Subcontractor with whom it it intended. 03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. Tt e rejection shall be in writing and shall include the reasons for the rejection. i .04 The Contractor shall not,wit out the written consent of the Owner, change a Subcontractor who has been engaged in accordant with this subsection. 05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements wth the intended Subcontractors to require them to perform their work in accordance with the Contract Documents;and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly Dr indirectly employed by them as for acts and omissions of persons directly employed by the ontractor. .06 The Owner's consent to su ontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 Changes GC 3.10.01 Changes in the Work 01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work withoult invalidating the Contract. The Contractor shall not be required to proceed with a Change in t Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change 9rder or Change Directive the Contractor shall:proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 If the Change in the Work relates solely to quantities, payment for that part of the Work shall be made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the Change in the Work doe` not solely relate to quantities,then either the Owner or the Contractor may initiate negotiations upm ards or downwards for the adjustment of the Contract price in respect of the Change in the Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation or payment may be made accqding to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. a Page 18 Rev.Dale: 1112006 OPSS.MUNI 100 GC 3.10.02 Extra Work .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform 1 Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract If the Contractor agrees to perform Additional Work,the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06,Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04,Payment on a Time and Material Basis. GC 3.11 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand,email,or by facsimile transmission and on the fifth Day after the data of mailing,if sent by mall. .02 The Contractor and the Owner shall provide each other with the mail and email addresses; pager, cell phone, and telephone numbers; and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work,and update as necessary. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract Page 19 Rev.Date: 1111006 OPSSAUNI 100 Documents. The Owner shg 11 be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.13 Claims,Negotiations, Mediation GC 3.13.01 Continua ice of the Work r01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any nA cation of a claim or dispute, verbal or written,continue to proceed with the Work with due diligence a nd expedition. It is understood by the parties that such action shall not jeopardize any claim it may have. GC 3.13.02 Record Keeping 01 Immediately upon commencing work that may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim,all in accordance with dause GC 1102.07,Records. .02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to econcile their respective Daily Work Records,then the Contractor shall submit its Daily Work Recor s as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved unfit there is a resolution of the claim. 03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of die Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Piocedure .01 The Contractor shall give v rbal notice of any situation that may lead to a claim for additional payment immediately upon becoming aware of the situation. .02 The Contractor shall provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work that may be affected by the situation- .03 The Contractor shall submit etailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds,contractual or otherwise, upon which the claim is made;and c) include the Records maintained by the Contractor supporting such claim. In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Ad inistrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request. Page 20 Rev.Date: 11/2006 OPSS.MUNI 100 f .05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor, in writing,of the Contract Administrator's opinion with regard to the validity of the claim. , GC 3.13.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.13.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.13.05.Mediation,or subsection GC 3.14,Arbitration. GC 3.13.05 Mediation .01 if a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, are Negotiations,within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05 and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide,without prejudice,a non-binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.13.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.13.06 Payment .01 Payment of the claim shall be made no later than 30 Days after the date of resolution of the claim or ' dispute. Such payment shall be made according to the terms of Section GC 8.0, Measurement and Payment. GC 3.13.07 Rights of Both Parties .01 It is agreed that no action taken under subsection GC 3.13, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties,provided that the requirements set out in this subsection are fulfilled. GC 3.14 Arbitration GC 3.14.01 Conditions of Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations,or the mediation stage noted in clause GC 3.13.05, Mediation,either party may invoke the provisions of subsection GC 3.14,Arbitration,by giving written notice to ft 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 opinic n given in paragraph GC 3.13.03.05. .03 The parties shall be bound lye the decision of the arbitrator. .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted ' reunder except to the extent that they are modified by the express provisions of subsection GC: .14,Arbitration. i GC 3.14.02 Arbitration Procedure .01 The following provisions are to be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in res�ctof the matters under arbitration shall be stayed pending arbitration; b) All outstanding claims a matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated;and c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.14.03 Appointment of Arbitrator .01 The arbitrator shall be mutua I y agreed upon by the Owner and Contractor to adjudicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of t e notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc., which may select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be employed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .06 The arbitrator is not bound b) rules of evidence that govern the trial of cases in court but may hear and consider any evidence the arbitrator considers relevant. .07 The hearing shall commence within 90 Days of the appointment of the arbitrator. GC 3.14.04 Costs .01 The arbitrator's fee shall be equally shared by the Owner and the Contractor. .02 The fees of any independentexperts and any other persons appointed to assist the arbitrator shall be shared equally by the Owni r and the Contractor. Page 22 Rev.Date: 1112006 OPSS.MUN1 too .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate ' facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may,in his or her discretion,award reasonable costs,related to the arbitration. GC 3.14.05 The Decision .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An , extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds ' .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area unfit otherwise directed by the Contract Administrator in writing,in accordance with subsection GC 7.10,Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01. .03 Any work directed or authorized in connection with an archaeological find shall be considered as ' Extra Work in accordance with clause GC 3.10.02, Extra Work. .04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a result of any work stoppage. Page 23 Rev.Date: 1112006 OPSS.MUNI 100 F� SECTION GC 4.0-OWNERS RESPONSIBILITIES AND RIGHTS GC 4.01 Working'Area .01 The Owner shall acquire al property rights that are deemed necessary by the Owner for the construction of the Work, in luding temporary working easements, and shall indicate the full extent i of the Working Area on the Contract Drawings. 02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the tender documents shall forth part of the Contract Drawings. GC 4.02 Approvals and Permits .01 The Owner shall pay for all pl mbing and building permits. 02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. GC 4.03 Management and Disposition of Materials 01 The Owner shall identify in live Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposition. .02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended,the Owner advis s that, a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring n' turally or as a result of vehicle emissions; b) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; c) the following hazardous aterials are ordinarily present in construction activities: limestone, gypsum,marble, mica,a Portland cement and d) exposure to these subs ces may occur as a result of activities by the Contractor such as sweeping,grinding,crushing,drilling,blasting,cutting,and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous materials other than those identified above and their location in the Working Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are jn addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03,then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. Ail work under this paragraph shall be deemed to be Extra 0A . Page 24 Rev.OaW., 112006 OPS&MUM 100 1 � .06 Prior to commencement of the Work, the Owner shad provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property ' .01 The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractors chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings;or otherwise, on which construction operations are to take place in accordance with the terms of this Contract. .03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and Equipment,as well as railway property throughout the duration of the Contract. GC 4.05 Default by the Contractor .01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work property or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractors contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractors insolvency or if a receiver is appointed because of the Contractor's insolvency, the Owner may,without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing,terminate the Contract. GC 4.06 Contractor's Right to Correct a Default , .01 The Contractor shall have the right within the 5 fun Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. .02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice,the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; r 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: 1112006 OPSS.MUNI 100 l� GC 4.07 Owner's Right to Correct Default .01 If the Contractor fails to correct the default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy,the Owner may have, may correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. ' GC 4.08 Termina n of Contractor's Right to Continue the Work' .01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor: 02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner shall be entitled to, a) take possession of the VJ orking Area or that portion of the Working Area devoted to that part of the Work terminated; b) use the Equipment of the Contractor and any Material within the Working Area that is intended to be incorporated into the V Work,the whole subject to the right of third parties; c) withhold further payment to the Contractor with respect to the Work or the portion of the Work withdrawn from the Cont ctor until the Work or portion thereof withdrawn is completed; d) charge the Contractor file additional cost over the Contract price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the W performed by the Contractor that may be required under subsection GC 7.16,Warranty; f) charge the Contractor for ny damages the Owner sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.16,Warranty,exce ds the allowance provided for such corrections. GC 4.09 Final Pap nent to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the amount withheld from the Contractor under subsection GC 4.08, Termination of Contractor's Right to Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC 4.10 TerminatlDn of the Contract .01 Where the Contractor is in d�fault of the Contract the Owner may, without prejudice to any other right or remedy the Owner m y have,terminate the Contract by giving written notice of termination to the Contractor, the Surety, a d any trustee or receiver acting on behalf of the Contractor's estate or creditors. .Page 26 Rev.Date: 11/2006 OPSS.MUNI 100 .02 If the Owner elects to terminate the Contract,the Owner may provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.11 Continuation of Contractor's Obligations .01 The Contractor's obligation under the Contract as to quality, correction, and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination. GC 4.12 Use of Performance Bond , .01 If the Contractor is in default of the 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 shat be managed in accordance with subsection GC 3.10.01, Changes in the Work. 1 Page 27 Rev.Date: 11MM 0PSS.MUN1100 SECTION GC 5.0-MATERIAL GC 5.04 Supply 01 Material 01 All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner,shall be supplied;by the Contractor. The Contract price for the appropriate tender items shall be deemed to include fu 11 compensation for the supply of such Material. GC 5.02 Quality ol Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Conti-actor shall conform to the requirements of the Contract. 03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make avails e,for inspection or testing, a sample of any Material to be supplied by the Contractor. 04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or sup tier to carry out such inspection, sampling,and testing as specified in the Contract Documents or as requested by the Contract Administrator. 05 The Contractor shall notify thi i Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dz tes to enable the Contract Administrator to perform the required inspection,sampling,and tes ing. 06 The Owner shall not be re ponsible for any delays to the Contractor's operations where the Contractor fails to give suffick int advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shall not clangle the source of supply of any Material without the written authorization of the Contract kdministrator. r .08 Material that is not specified all be of a quality best suited to the purpose required, and the use of such Material shall be sU t to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shall be carried out on random basis irf accordance with the standard inspection cc testing methods required for the Material. Any approval given by the Contract Administrator for the Materials to be used in the Work based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Rejected Aaterial .01 Rejected Material shall be rer ioved from the Working Area expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the Contract Administrator may c3use the rejected Material to be removed from the Working Area and disposed of, in what the Contract Administrator considers to be the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. Page 28 Rev.Date. 11/2008 OPSS.MUN1100 1 1 t GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or r other name,the Tender shall be based only upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of , the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. .02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first$1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such$1,000. Each such approval shall be conveyed to the Contractor in writing or by issuance of a Certificate of Equality on the 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 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator,and on the receipt of , such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner,and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor,it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 29 Rev.Date: 11/2006 OPSS.MUNI 100 04 The full amount of Material pplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes othei than the performance of the Work under the Contract. 05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner shall become the property 4if the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents. .06 Immediately upon receipt of ach shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or uch other documentation the Contract Administrator may require to !� substantiate and reconcile th quanfities of Material received. .07 Where Material supplied by ie Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no e a cost to the.Owner, immediately upon commencement of operations, check the Material, report an damage or deficiencies to the Contract Administrator and take charge of the Material at the stock 'le site. Where damage or deficiencies are not so recorded by the Contractor, it shall be asst Tied that the stockpile was in good condition and order when the Contractor took charge of it, nd any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra" st to the Owner. I Pegg 30 Rev.Date: 11/2006 OPSS.MUNI 100 � r SECTION GC 6.0 -INSURANCE,PROTECTION AND DAMAGE GC 6.01 Protection of Work,Persons and Property .01 The Contractor, the Contractor's agents, and all workers employed by or under the control of the , Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of the Contractor's operations under the Contract,unless indicated to the contrary below. , .02 The Contactor is responsible for the full cost of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the , Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. .03 The Contractor shalt immediately inform the Contract Administrator of all damage and injuries that ' occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incident,or as soon as possible. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil commotions; c) errors in the Contract Documents;or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .05 The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the Owner,except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold hamdess the Owner and the Contract Administrator, their ,1 elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses,costs, damages,actions, suits,or proceedings by third parties, hereinafter called"claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work,provided such claims are, a) attributable to bodily injury,sickness,disease, or death or to damage to or destruction of tangible property; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts the Contractor may be liable; and c) made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the Certificate of Substantial Performance of the Work or,where so specified in the Contract Documents,from the date of certification of Final Acceptance. Page 31 Rev.Date: 11/2006 OPSS.MUNI 100 ... 02 The Contractor shall indem rify and hold harmless the Owner from all and every claim for damages, . royalties or fees for the in hgement of any patented invention or copyright occasioned by the Contractor in connection witt the Work performed or Material famished by the Contractor under the Contract. ' 03 The Owner expressly waive the right to indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02; 04 The Owner shall indemnify aid hold harmless the Contractor, their elected officials, agents, officers, and employees from and agiiinst all claims, demands, losses, expenses, costs, damages, actions, suits,or proceedings arising but of the Contractor's performance of the Contract that are attributable to a lack of or defect in title ol an alleged lack of or defect in title to the Working Area. r .05 The Contractor expressly waives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6.03 Contract(w's Insurance GC 6.03.01 General .01 With" restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance cev age 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 he Contract Administrator with an original Certificate of Insurance for each type of insurance covei ige that is required by the Contract Documents. The Contractor shall ensure that the Contract Adrr"nistrator is,at all times in receipt of a valid Certificate of Insurance for each type of insurance cove age, in such amounts as specified in the Contract Documents. The Contractor will not be permit id to commence work until the Contract Administrator is in receipt of such proof of insurance. Thi Contract Administrator 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 th provisions of the Contract Documents. GC 6.03.02 General 'ability Insurance .01 General liability insurance shall be in the name of the Contractor,with the Owner and the Contract Administrator named as additional insureds,with limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including Ices of use thereof, with a property damage deductible of not more than $5,000. The form of this insurance shall be the Insurance Bureau of Canada Form IBC 2100. .02 Another form of insurance a at to or better than that required in IBC Form 2100 may be used, provided all the requirements;fisted in the Contract are included. Approval of this insurance shall be conditional upon the Contract w obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario aid obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period or as otherwise required by the Contract Documents. .04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and, if the Contractor fails to do so,the limitation period for claiming indemnity described in paragraph GC 6.02.01 c),shal I not be binding on the Owner. Page 32 Rev.pate: 1112006 OPSS.MUNI 100 i .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation,change or amendment restricting coverage. .07 "Claims Made"insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance ' .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days written notice in advance of any cancellation,change,or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement,and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.04.01 Aircraft Liability Insurance .01 Aircraft liability insurance with respect to owned or non-awned aircraft used directly or indirectly in the performance of the Work,including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury,death,and damage to property including loss of use thereof, and limits of not less than five million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation,change,or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance .01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof. Such insurance shall be in a form acceptable to the Owner. The polities shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation,change,or amendment restricting coverage. , GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance ' .01 All risks property insurance shall be in the name of the Contractor,with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the full value, as may be stated in the Contract Documents, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. Page 33 Rev.Date: 112006 OPSS.MUNI 100 I I GC 6.03.05.02 Boiler In urance 01 Baler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator for not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use or eration of the property insured unfit 10 Days after the date of Final Acceptance of the Work,as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and ccupancy of the Work Prior to Completion .01 Should the Owner wish to uw or occupy part or all of the Work prior to Substantial Performance, the Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy,the Contractor shall ratify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain, and y for property and baler insurance insuring the full value of the Work, including coverage for such ise or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon ternination of coverage. .02 The policies shall provide tat, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner anc the Contractor for the purpose of adjusting the amount of such loss or damage payment with the ' surers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract, except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be enti ed to receive from the Owner, in addition to the amount due under the Contract, the amount at whi 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 GG 8.0, Measurement and Payment. In addition, the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for deductible amounts under the policies, except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. 03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay he Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment I I Page 34 Rev.gale: 11/2006 OPSS.MUNI 100 1 1 GC 6.03.06 Contractor's Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by , the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation,charge, or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's Equipment. GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to the Owner,proof of insurance prior to commencement of the Work and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature by an officer of the Contractor and, in addition,a signature by an officer of the insurer or the underwriter or the broker. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the Owner,renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractors Insurance,or elsewhere in the Contract Documents,then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor- The Owners cost thereof shall be payable by the Contractor to the Owner on demand_ .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the fulfilment of the Contract. Page 35 Rev.Date: 11/2006 OPSS.MUNI 100 1 GC 6.05 Workplaci P Safety and Insurance Board .01 The Contractor shall providii the Contract Administrator with a copy of a Certificate of Clearance indicating the Contractor's ilood standing with the Workplace Safety and Insurance Board, as follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. d) At any other time when r nested by the Contract Administrator. r r Page 36 Rev.Dare: 1112006 OPSS.MUNI too i t SECTION GC 7.0 -CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate tabour, Equipment, and Material to ensure the completion of ' the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. .05 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .06 Notwithstanding paragraph GC 7.01.05, where the Contract Documents, include designs for temporary structures and other temporary facififies or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended, (the "Act") and Ontario ' Regulation 213191, as amended, (that regulates Construction Projects)and any other regulations as amended under the Act (the "Regulations") that may affect the performance of the Work, as the "Constructor"or"employer,"as defined by the Act,as the case may be. The Contractor shall ensure that '. a) worker safety is given first priority in planning,pricing,and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work,and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area,or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; d) workers employed to carry out the Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; ' e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers;and Page 37 Rev.Date: 1112006 OPSS.MUNI 100 I' f) all Subcontractors and eir workers are properly protected from injury while they are at the Work Area. .08 The Contractor, when reque ted, shall provide the Owner with a copy of its health and safety policy and program at the pre-stairt meeting and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act nd the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. 09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS,which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submis 'on. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator in writing of changes in the products to used and provide relevant Material Safety Data Sheets. 10 The Contractor shall have=an authorized representative on the site while any Work is being performed, to supervise the Work and act for or on the Contractors behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names; addresses; positions; and cell phone, pliger, and telephone numbers of the Contractors representatives who can be contacted at any time to deal with matters relating to the Contract,and update as necessary. .11 The Contractor shall designi te a person to be responsible for traffic control and work zone safety. The designated person shall` e a competent worker who is qualified because of knowledge,training, and experience to perform#e duties; is familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of all potential or ictual danger to workers and motorists. Prior to the commencement of construction, the Contractor' hall notify the Contract Administrator of the name; address; position; cell phone, pager, and teieptane numbers of the designated person, and update as necessary. The designated person may havf other responsibilities, including other construction sites, and need not be present in the Working An a at all times. 12 The Contractor shall, at no dditional cost to the Owner, furnish all reasonable aid, facilities, and assistance required by the G ontract Administrator for the proper inspection and examination of the Work or the taking of measu ` ments for the purpose of payment. 13 The Contractor shall prepa' and update, as required, a construction schedule of operations; indicating the proposed me s of construction and sequence of work and the time the Contractor proposes to complete the va ous items of work within the time specified in the Contract Documents. ' The schedule shall be sub ed to the Contract Administrator within 14 Days from the Contract award. If the Contractor's dule is materially affected by changes, the Contractor shat submit an updated construction sched' e, if requested by the Contract Administrator, within 7 Days of the request. This updated sched le shall show how the Contractor proposes to perform the balance of the Work,so as to complete a Work within the time specified in the Contract Documents. .14 Where the Contractor finds any error, inconsistency, or omission relating to the Contract, the Contractor shall promptly re it to the Contract Administrator and shall not proceed with the activity affected until receivinc direction from the Contract Administrator. .15 The Contractor shall promptly notify the Contract Administrator in writing N the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. Page 38 Rev.Dale: 1112006 OPSS.MUNI 100 .16 The Contractor shall arrange with the appropriate Utility authorities for the stake out of all underground Utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs prior to commencing the Work and in the event that there is a discrepancy between the location of the stake outs and the locations shown on the Contract Documents, that may affect the Work, the Contractor shall immediately notify the Contract Administrator and the affected Utility companies,in order to resolve the discrepancy. The Contractor shall be responsible for any damage done to the underground Utilities and service connections by the Contractor's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). GC 7.02 Layout .01 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate , on site those property bars, baselines,and benchmarks that are necessary to delineate the Working Area and to lay out the Work,all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged, or removed by the Contractors operations shall be replaced under the supervision of an Ontario Land Surveyor,at the Contractors 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. A4 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out,so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractors layout work has been checked by , the Contract Administrator. .07 All stakes,marks,and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shall be replaced at the , Contractors expense. .08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the ' Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractors expense. GC 7.03 Working Area , .01 The Contractors sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. ' .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. Page 39 Rev.Date: 1112006 OPSS.MUNI 100 .03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received pri written permission from the property owner. GC 7.04 Damage;by Vehicles or Other Equipment 01 If at any time, in the opinion, of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment;whether licensed or unlicensed Equipment,the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator. GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are des' nated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condition of the Working Area ' .01 The Contractor shall maintain the Working Area in a fidy condition and free from the accumulation of debris and prevent dust nuisance, mud,and ponding water, other than that caused by the Owner or others. GC 7.07 Maintaining Roads and Detours .01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected by ' construction,it shall be kept open to both vehicular and pedestrian traffic. .02 Subject to the approval of the Contract Administrator, the Contractor shall, at no additional cost to the Owner, be responsible f'r providing and maintaining for the duration of the Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing H. hway under construction or on a detour road beside or adjacent to the Highway under construction. 03 Subject to the approval of I le Contract Administrator, the Contractor may block traffic for short` periods of time to facilitate c Dristruction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum_ ' 04 The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has cornme d operations or during seasonal shut down or on any part of the Contract that has been accer led in accordance with these General Conditions. The Contractor shall not be required to apply de4 'ng chemicals or abrasives or carry out snowplowing. .05 Where localized and separalkid sections of the Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of the Highway unfit such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the cclistruction of the detours and, if required,for the subsequent removal of the detours,shall be made at the Contract prices appropriate to such work. Page 40 Rev.Dale., 1112006 OPSS.MUNI 100 k ' t .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing,the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable,safe,and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator,the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be ' constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. .10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the , traffic diverted entirely off the Highway to any other Highway,the Contractor shall,at no extra cost to the Owner,supply,erect,and maintain traffic control devices in accordance with the OTM. .11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Property, dealing with the Contractor's responsibility for damage claims,except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .01 The Contractor shall provide at all times and at no extra cost to the Owner, a) adequate pedestrian and vehicular access;and ' b) continuity of Utility services to properties adjoining the Working Area. 1 .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves,and all other Utilities located in the Working Area. .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.09 Approvals and Permits ' .01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender dosing, are required for the performance of the Work. .02 The Contractor shaft arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.09.01. Page 41 Rev.Date: 1112006 OPSS.MUNI 100 ,i GC 7.10 Suspension of Work 01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or all of the Work and work shall not be resumed until the Contract Administrator so directs in writing. Delays,in these circumstan s, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract .01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice,terminate the Contract. 02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of 4 nyone directly employed or engaged by the Contractor, the Contractor ' may,without prejudice to arri other right or remedy the Contractor may have, by giving the Owner written notice, terminate the ontract. .03 The Contractor may notify the Owner in wrifing, with a copy to the Contract Administrator, that the Owner is in default of contrac uaI obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section 1 GC 8.0,Measurement ar,d Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court;or c) the Owner violates the uirements of the Contract. 04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following roceipt of the written notice, the Contractor may,without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .05 If the Contractor terminates The Contract under the conditions set out in subsection GC 7.11, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any losses or damage as the Contractor may sustain as a result of the termination of the Contract. GC 7.12 Notices 4 V the Contractor .01 Before work is carried out th3t may affect the property or operations of any Ministry or agency of government or any person; mpany; partnership; or corporation, including a municipal corporation or any board or commissior thereof, and in addition to such notices of the commencement of specified operations as are rescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advarce written notice of the date of commencement of such work to the person,company, partnershi itrerferen corporation,board, or commission so affected. .02 In the case of damage to or ce wit h any Utilities, pole lines, pipe fines, conduits,farm files, or other public or privately ned works or property, the Contractor shall immediately notify the Owner, Contract Administra , and the owner of the works of the location and details of such damage or interference. Page 42 Rev.tote: 11r2006 OPSSAUNI 100 f 1 GC 7.13 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner , for any loss,damage,or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man-made object, the Contractor shall not , be required to assume the risks and responsibilities.arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could , have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry out operations under the Contract on Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, i and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.15 Cleaning Up Before Acceptance , .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery 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, construction machinery, and equipment. The Contractor shall also have removed debris,other than that caused by the Owner,or others. ' GC 7.16 Warranty . .01 Unless otherwise specified in the Contract Documents for certain Materials or components of the Work,the Contractor shall be responsible for the proper performance of the Work only to the extent that the design and standards permit such performance. .02 Subject to the previous paragraph the Contractor shag correct promptly, at no additional cost to the , Owner,defects or deficiencies in the Work that appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work,as set out in the Certificate of Substantial Performance of the Work, Page43 Rev.Date: 1112006 OPSS.MUNI 100 I, b) where the work is pleted after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certifloate of Substantial Performance, 12 months from the date of Completion of the Work as set out in;the Completion Certificate,or d) such longer periods as may be specified in the Contract Documents for certain Materials or some of the Work. The Contract Administrator d hall promptly give the Contractor written notice of observed defects or deficiencies. i 03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 7.16.02. GC 7.17 Cordraot 's Workers .01 The Contractor shall only qmploy orderly, 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 shd I be removed from the work and shall not be employed on the work again without the consent in writing of the Contract Administrator. ' GC 7.18 Drainage .01 During construction and until the Work is completed,the Contractor shall make all reasonable efforts to keep all portions of the Work property and efficiently drained, to at least the same degree as that of the existing drainage conditions. Page Rev.Date: 11/2006 OPSS.MUNI 100 i SECTION GC 8.0-MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities ' .01 The Contract Administrator shall make an Estimate once a month, in writing,of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut-Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final , quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of Work completed. .03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by , Plan Quantity principles as indicated in the Contrail Adjustments to Wan Quantity measurements shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P)in the unit column shall be paid according to the Plan Quantity. Items where the notation (P)does not occur shall be paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tender Quantities , .01 Where it appears that the quantity of Work to be done or Material to be supplied or both by the Contractor under a unit price tender item may exceed or be less than the tender quantity, the Contractor shall proceed to do the Work or supply the Material or both required to complete the tender item and payment shall be made for the actual amount of Work done or Material supplied or both at the unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work performed or Material supplied or both by , the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed or Material supplied or both which exceeds 115% of the tender quantity. The negotiation shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based on the actual cost of doing the Work or supplying the Material or both under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the underun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively,where both parties agree,an allowance equal to 10%of the unit price on the amount of the underrun in excess of 15% of the tender quantity shall be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the e Completion Payment Certificate. f Page 45 Rev.Date: 112006 OPSS.MUNI 100 GC 8.02 Payment` GC 8.02.01 Price for Work 01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its performance. The term"all I abour, Equipment,and Material"shall include Hand Tools, supplies, and other incidentals. 02 Payment for work not specilcally detailed as part of any one item and without specified details of payment shall be deemed to be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material ' .01 The Owner shall make advance payments for Material intended for incorporation in the Work upon the written request of the Co tractor and according to the following terms and conditions: ' a) The Contractor shall d ' er the Material to a site approved by the Contract Administrator and the Contractor shall, in 'advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i. Sources Other Than Commercial (1) Granular A, B, ' l, Bit, Bill, M. and O shall he assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. ii. Commercial Source Payment for separa ed 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 before incorporating such materials into a final product. Advance payments for other materials I ted at a commercial source shall not be made. c) Payment for all other) materials, unless otherwise specified elsewhere in the Contract Documents,shall be bai ed on the invoice price, and the Contractor shall submit proof of cost to the Contract Administratpr before payment can be made by the Owner. d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the material. Such payment shall not exceed 80%of the Contract pricAi for the item. e) All Materials for which t Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the Owner and for the a completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work,without the consent,in writing,of the Contract Administrator. Q Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage,theft,improper 1 ise.or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01,such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined whei the material meets the requirements of the appropriate specification. Page 46 Rev.Date: 11/2006 OPSS.MUNI 100 I GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, , Quantities. .02 The progress Payment Certificate shall show, a) the quantities of Work performed; b) the value of Work performed; ' c) any advanced payment for Material; d) the amount of statutory holdback,liens,Owner's setoff; ' e) the amount of GST,as applicable;and f) the amount due to the Contractor. ' .03 One copy of the progress Payment Certificate shall be sent to the Contractor. .04 Payment shall be made within 30 Days of the Cut-Off Date. ,. GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontrad. ' .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 Complefion the date on which the subcontract was completed and, within 7 Days of the date the subcontract is certified complete,the Contract Administrator shall give a copy of the certificate to the Contractor and to the ' Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01 FoAowirtg receipt'of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the subcontract was certified complete and providing the Contractor , submits the following to the Contract Administrator: a) a document satisfactory to the Contract Administrator that shall release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback ' monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all ' liabilities incurred in carrying out the subcontract; Page 47 Rev.Date: 1 V2006 OPSS.MUNI 100 c) a satisfactory clearances certificate or letter from the Workplace Safety and Insurance Board relafing to the subcontra ; and d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. ' .02 Paragraph GC 8.02.03.03.0 d), shall only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it. ' 03 Upon receipt of the statutcirlt holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subs tract .04 Release of statutory hold ' k by the Owner in respect of a subcontract shall not relieve the Contractor,or the Contractor Surety,of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Performance ' 01 Upon application by the C ` tractor and when the Contract Administrator has verified that the Contract has been substan lly performed, the Contract Administrator shall issue a Certificate of Substantial Performance. .02 Upon verifying that the Contr3ct has been substantially performed, the Contract Administrator shall issue a certificate of Substa tial Performance and shall set out in the Certificate of Substantial ' Performance the date on which the Contract was substantially performed and, within 7 Days after signing the said certificate,ft Contract Administrator shall provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C,30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News. 04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Da s after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. 05 Except as otherwise provided for in Section 31 of the Construction lien Act, the 45 Day lien period prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Hold hack Release Payment Certificates, shall commence from the date of tpublication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback l Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance, the Contract Administrator shall also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdb3ck Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial Performance Ilayment Certificate shall show, a) the value of Work perfo to the date of Substantial Performance; b) the value of outstanding oi incomplete Work; c) the amount of the statut 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'. 11/2006 OPSS.MUNI 100 I , I d) the amount of maintenance security required; and e) the amount due the Contractor. t .03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the payment certificate. , .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to ' the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the ' Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13,Claims,Negotiations,Mediation; b) a statutory declaration in a forth satisfactory to the Contract Administrator that all liabilities ' incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board;and d) proof of publication of the Certificate of Substantial Performance. ' GC 8.02.03.06 Certification of Completion .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion,the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work , was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate,the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate,a combined payment certificate. .02 The Completion Payment Certificate shall show, a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work completed over ' and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: I Page 49 Rev.Date: 11/2008 OPSS.MUNI 100 �A a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate; b) a statutory declaration ,in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contrac, r and the Contractor's Subcontractors in carrying out the Contract have been discharged,qualifi d by stated exceptions where appropriate;and c) a satisfactory Certificate f Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest ,I 01 Interest due the Contractor i based on simple interest and is calculated using the applicable Rate of Interest. ' GC 8.02.03.09 Interest for Late Payment .01 Provided the Contractor has complied with the requirements of the Contract, including all documentation requirements when payment by the Owner to the Contractor for Work performed, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the dates set out below: a) Progress Payment Cer ifi tes: 30 Days after the Cut-Off Date; b) Certificate of Subcontraca Completion: 30 Days after the date certified as the date on which the subcontract was complet d; c) Subcontract Statutory H-Idback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance' Payment Certificate: 30 Days after the date of issuance of the certificate; I e) Substantial Performance Statutory Holdback Release Payment Certificate_ 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Comp) lion;and g) Completion Statutory Ho�.IQ.back Release Payment Certificate: 76 Days after the date certified as the date that the Work was completed. .02 If the Contractor has not co lied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01, interest shall only begin to acicrue when the Contractor has completed those requirements. Page 50 Rev.Date: 1112006 OPSS.MUN1100 f GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the ' subsequent claims are submitted in accordance with the time limits or procedure or both described by subsection GC 3.13, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest shall not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious ' manner,interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation,interest shall not be paid. ' .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in paragraph GC 3.13.03.03 for submission of claims,interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set-Off .01 Pursuant to Section 12 of the Constriction Lien Act,the Owner may retain from monies owing to the ' Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities, including the cost to remedy deficiencies,the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's ' insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a),any assessment due the Workplace Safety and Insurance Board, and any names to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. , GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis , GC 8.02.04.01 Definitions .01 For the purpose of clause GC 8.02.04 the following definitions apply: , Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision but shall not include any payment or costs incurred for general supervision, administration, and management time spent on the entire Work or any wages,salary, or Payroll Burden ' for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such , arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment means Rented Equipment for which an operator is provided by the ' supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 51 Rev.Date: 1112006 OPSS.MUNI 100 m Payroll Burden means the pa ents in respect of workplace insurance, vacation pay, employment insurance,public liability and property damage insurance,sickness and accident insurance, pension fund, and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person firm, or corporation that is not an associate of the lessee as the word "associate" is defined by the Seilurities Ad, R.S.O. 1990, c.S.S, as amended, and is approved by the Contract Administrator. ' Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking;lots and includes all work incidentals thereto other than work on structures. Sewer and Watermain Work means the preparation, construction, finishing, and construction maintenance of sewer systems aid watermain systems, and includes all work incidental thereto other than work on structures. !r Standby Time means any period' f time that is not considered Working Time and which together with the Working Time does not exceed 0 hours in any one Working Day and during which time a unit of equipment cannot practically be d on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work means the cons ruction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, unnel,or retaining wall and includes the preparation for and the laying of the foundation of any bridge, b jilding, 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, Indui ling Model and Specification Reference, that is current at the time the work is carried out or for Equipme it that is not so listed, the rate that has been calculated by the Owner, ' using the same principles as used n determining The 127 Rates. Work on a Time and Material E asis means Changes in the Work, Extra Work, and Additional Work approved by the Contract Adminis rator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subje to all the terms, conditions, Standard Specifications and provisions of the Contract Working Time means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operation the first 2 hours of each immediately following period during which the unit is not so engaged but du ' which the operation is otherwise proceeding and during which time the unit cannot practically be tran famed 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 Daily Wor i Records .01 Daily Work Records,prepare I as the case may be by either the Contractors representative or the Contract Administrator report. g the labour and Equipment employed and the Material used on each Time and Material project, s iould be reconciled and signed each Day by both the Contractors representative and the Cont;act Administrator. If it is not possible to reconcile the Daily Work Records, then the Contracto, shall submit the un-reconciled Daily Work Records with its claim, whereby the resolution of the' ispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. I Page 52 Rev.Date: 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 the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract , Administrator. GC 8.02.04.04 Payment for Labour , .01 The Owner shall pay the Contractor for tabour employed on each Time and Material project at 135% of the Cost of Labour up to$3,000, then at 120% of any portion of the Cost of Labour in excess of $3,0 00. ' .02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material ' .01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120%of the Cost of the Material up to$3,000,then at 115%of any portion of the Cost of Material in excess ' of$3,000. GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented ' Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost$10,000 or less-no adjustment; ' b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the potion in excess of$10,000;and c) Cost greater than$20,000-$19,000 plus 80%of the portion in excess of$20,000. 1 .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110%of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. .03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on , the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and Material Basis. , GC 8.02.04.06.02 Standby Time .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35%of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by Page 53 Rev.Date: 112006 OPSS.MUNI 100 the Contract Administrator. t is shall include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner shag include the Cost of labour of operators or associated labourers who cannot be otherwise employad during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator ay require Rented Equipment idled by the circumstances giving rise to ' the Work on Time and Ma erial Basis to be returned to the lessor until the work requiring the equipment can be resumed.!The Owner shall pay such costs as a result from such return. .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area or a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. Th a method of moving Equipment and the rates shall be subject to the ' approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools ' .01 Notwithstanding any other p vision of this Section, no payment shall be made to the Contractor for or in respect of Hand Toots or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors 01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontracto on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contr3ctor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a marku calculated on the following basis: a) 20%of the first$3,000; 'us b) 15%of the amount from$3,000 to$10,000;plus rc) 5%of the amount in excess of$10,000. .02 No further markup shall be al4ilied regardless of the extent to which the work is assigned or sublet to ' others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.08 Submission of Invoices .01 At the start of the Work on Time and Material Basis, the Contractor shall provide the applicable tabour and Equipment rates t already submitted to the Contract Administrator during the course of such work. .02 Separate summaries shall be completed by the Contractor according to the standard form"Summary for Payment of Accounts on Time and Material Basis." Each summary shall include the Change Directive or Change Order number and covering dates of the work and shall itemize separately the labour, Materials, and Equi ent. Invoices for Materials, Rented Equipment, and other charges incurred by the Contractor orl the Work on a Time and Material Basis shall be included with each summary. Page 54 Rev.Date: 112006 OPSS.MUNI 100 .03 Each month the Contract Administrator shall include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in , accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by , the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time and Material Basis ' .01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor negotiating a lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. ' GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, ' shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the work,including all cost of general supervision, administration, and management time spent on the work,and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate .01 After Ore acceptance of the Work, the Contract Administrator shall issue the Final Acceptance ' Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as the case may be,and the Contractor has discharged all obligations under the Contract. GC 8.02.06 Payment of Workers r .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in ' accordance with clause GC 8.02.03.11,Owner's Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work,and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work,Changes in the Work,and Extra Work. The Contractor shall preserve all , such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra Work,and claims arising therefrom for a similar period of time. , .02 The Owner may inspect and audit the Contractor's Records relating to the Work,Extra Work, and Charges in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required,whenever requested by the Owner. Page 55 Rev.Date: 11/2006 OPSS.MUNI 100 GC 8.02.08 Taxes .01 Where a change in Canadiah Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner shall increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shah be bmitted not less than 30 Days after the date of Final Acceptance. .03 Where the Contractor ben fits from a change in Canadian Federal or Provincial taxes, the ' Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. 04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finishel Work, or the provision of services, where such services form part of the Work and where the rn3nufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour,and the pply of commodities that do not form part of the Work. GC 8.02.09 Liquidatel Damages .01 When liquidated damages aie specified in the Contract and the Contractor fails to complete the Work in accordance with the ontract,the Contractor shall pay such amounts as are specified in the Contract Documents. Page 56 Rev.Date: 1112006 OPSS.MUNI 100