HomeMy WebLinkAbout2009-096 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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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.
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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
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2. THAT the contract attached hereto as Schedule "A"form part of this By-law.
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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.
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Mayor--_
P e, Municipal'Clerk
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CORPORATION OF
' THE MUNICIPALITY OF CLARINGTON
OLD SCUGOG ROAD
' ROAD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS, HAMPTON
CONTRACT NO. CL2009-8
May 2009
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AECOM
Project No. 12-29693
AGREEMENT
THIS AGREEMENT made in quadruplicate
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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-
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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.
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Page 1 of 3
DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
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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)
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I All Plans and Documents referred to in the Specifications.
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The Contractor further agrees that he will deliver the whole of the works completed in accordance
with this agreement within 60 working days.
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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.
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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.
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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.
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Date
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in the presence of )
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Date
SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
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> errs ayor
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in the presence of ) _
P arr' Clerk
Date
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2 P1Dept 12112-296931SpecsiCL2669-8-AGRAOc
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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
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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.
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CORPORAf LION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2009-8
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STANDARD TERMS AND CONDITIONS
P:\Dept 12\12-29693\Spec5lCL2009�8-T&C.doc
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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
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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
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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.
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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.
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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.
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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;
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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.
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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.
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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.'
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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CONTRACT NO. CL2009-8
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SCHEDULE 'C'
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PADept 1 211 2-29 7 3 21SpecsNncomp %CL2009-8-Schedule(C).doc
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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.
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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.
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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.
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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.
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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.)
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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;
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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
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SCHEDULE (C3)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
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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:
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NAME OF FIRM:
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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.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2009-8
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INSTRUCTIONS TO TENDERERS
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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
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13. SOILS INFORMATION .................................................................................................................................... 4
14. TENDERERS TO INVESTIGATE .................................................................................................................. 4
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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.
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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.
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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.
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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.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2009-8
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SPECIAL PROVISIONS - GENERAL
P:\Dept 12\12-29693\Specs\CL2009-8-SPG.doc
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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
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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
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(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."
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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.
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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.
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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.
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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
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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.
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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'.
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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.
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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.
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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.
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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.
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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.
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' 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.
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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.
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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
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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
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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
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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.
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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
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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.
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.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
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GC 3.10.02 Extra Work
.01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform 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
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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.
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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.
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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
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.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.
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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
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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
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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.
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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.
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.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.
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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.
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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
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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.
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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.
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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;
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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.
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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.
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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
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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
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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.
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.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.
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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.
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