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2009-098
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-098 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and All Services Incorporated, Oshawa, Ontario, to enter into agreement for the 2009 Structure Rehabilitation (Culvert Replacements) Various Locations. 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, All Services Incorporated, Oshawa, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 29~h day of June, 2009. By-law read a third time and finally passed this 29~' day of June, 2009. CORPORATION OF THE MUNICII~ALITY O~ CLAI~I4~GTON 2009 STRUCTURE REHABILITATION (CULVERT REPLACEMENTS) -VARIOUS LOCATIONS CONTRACT NO. CL20®9-16 May 2009 ,: Project No. 111574 ~I~l ~~~' ~I ~ I (~~' (~ I~~I~ I ~ III Leading the IWaIly ~ ~ _ MEMO n0~~,.~Ul_20 r~t1~.0e~da~ TO: Patti L. Barrie, Municipal Clerk FROM: Jerry Barber, C.P.P.O. Purchasing Manager DATE: July 20, 2009 RE: TENDER CL20 - 6 CONTRACT AGREEMENT 2009 STRUCTURE R ABILITATION (CULVERT REPLACEMENTS) BY-L 2009-098 Enclosed are four Tact agreements for the above noted tender. Please have each copy executed and return three (3) copies to Purchasing for distribution to the tenant. Please be advised all required documentation including: insurance, bonding and the WSIB Clearance Certificate have been received. Yours uly, Jerry D. Barber, C.P.P.O Purchasing Division J B/km Encl. Cc: Jim Abernethy, Mayor Nancy Taylor, Director of Finance CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-3333 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 2009 STRUCTURE REHABILITATION (CULVERT REPLACEMENTS) -VARIOUS LOCATIONS CONTRACT NO. CL2009-16 May 2009 1~~C~NI Project No. 111574 AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: ALL SERVICES INCORPORATED of the City of Oshawa and Province of Ontario hereinafter called the Contractor THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the Purchaser THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS 2009 Structure Rehabilitation (Culvert Replacements) -Various Locations, Contract No. CL2009-16, Municipality of Clarington Addendum No. 1 dated June 3, 2009 A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 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 13 F. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 10 G. DESIGN GUIDELINES H. STANDARD DRAWINGS I. PLANS: Title Sheet, Index Sheet, Drawings No. 1, 2, 3, 4, SK-1, SK-2 and SK-3 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 127 Current 405 Nov. 2008 532 Jun. 1991 128 Current 421 A r.2008 543 Dec. 1990 180 Nov. 2005 501 Nov. 2005 570 Nov. 2007 182 Nov. 2000 507 Nov. 2005 571 Nov. 2007 201 Nov. 2007 510 Nov. 2006 572 Nov. 2003 206 Nov. 2000 511 Nov 2008 577 Nov. 2006 310 Nov. 2008 514 A r. 2008 908 Mar 1998 314 Nov. 2004 518 A r.1999 K. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement within 60 working days. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of thA Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor: ALL SERVICES INCORPORATED. i ~'~( ~:~ Date in the presence of Date SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON in the presence of Date P:\Dept 3433\111574\Specs\Ct_2009-16 - AGR.doc Page 3 of 3 CONTRACT NO. CL2009-16 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 2009 STRUCTURE REHABILITATION (CULVERT REPLACEMENTS) -VARIOUS LOCATIONS ADDENDUM N0. 1 Contractors are hereby advised of the following modifications to Contract No. CL2009-16: INSTRUCTIONS TO TENDERERS Add the following clauses to the "Instructions to Tenderers" section of the tender: "20. 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." and "21. PROVISIONAL ITEMS After the Tender .Closing the Items or Sections in the Itemized Bid noted as being "Provisional" may have quantities modified or may be deleted from the Contract at the sole discretion of he 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." 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 maybe rejected. I/we hereby acknowledge receipt of this addendum. Signed (Must be Signing Officer of Firm) Position Name of Firm AECOM 513 Division Street Cobourg, Ontario K9A 5G6 June 3, .2009 P:\Dept 3433\1115741Specs\ADD 1.doc PROJECT: TENDER FOR CONTRACT NO. CL2009-16 2009 STRUCTURE REHABILITION (CULVERT REPLACEMENTS) -VARIOUS LOCATIONS 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: All Services Incorporated. Name 199 Wentworth Street East Oshawa Ontario L1 H 3V6 Address (include Postal Code) Tel: 905-434-6128 Fax: 905-571-6646 Telephone and Fax Numbers Brian Vogel Name of Person Signing President Position of Person Signing TENDERS RECEIVED BY: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 P:\Dept 3433\111574\Specs\CL2009-16 -TF(Sign Docs).doc Page 1 of 8 pages TENDER CONTRACT NO. CL2009-16 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2009-16 2009 Structure Rehabilitation (Culvert Replacements) -Various Locations Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond and a 100% 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 ITEMIZED BID CONTRACT NO. CL2009-16 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-16 Spec. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard No. Specifications SP - Refers to Special Provisions MOC - Refers to Municipality of Clarington Standard Specifications Item No. Sec No. Descri tion Unit Quanti Unit Price Total PART 'A': CULVERT NO. 99501 -DARLINGTON PARK ROAD Al 182, 518, Provisional Item LS 1 1,500.00 1,500.00 902 SP Dewatering A2 421, 503, 1400 mm Dia. Top Section Nestable m 16 320.00 5,120.00 514 SP CSP Total Part 'A' (carried to Summary) $ 6,620.00 PART'S': CULVERT NO. 99506 - SOLINA ROAD 61 543 Maintenance of Traffic -Detour LS 1 2,000.00 2,000.00 SP B2 577 Light Duty Silt Fence m 40 12.00 480.00 SP B3 182, 518, Provisional Item LS 1 1,500.00 1,500.00 902 SP Dewatering B4 206, 510, Removal and Disposal of Existing m 15.7 320.00 5,024.00 902, 928 Culvert SP 65 903 Steel Sheet Cutoff Walls m2 14.6 260.00 3,796.00 SP B6 314, 501 Provisional Item t 16 40.00 640.00 SP Clear Stone Bedding to Culvert B7 421, 503, 1630 mm x 1120 mm, Aluminized Steel m 16 460.00 7,360.00 514, SP CSPA Culvert, Incl. Embedment B8 314, 501 Granular Backfill to Culvert t 240 30.00 7,200.00 SP B9 314, 501 Granular `B', Type I t 140 30.00 4,200.00 SP B10 314, 501 Granular 'A' t 75 30.00 2,250.00 SP B11 310 Hot Mix H.L.-3 t 15 225.00 3,375.00 SP 612 511 River Run Stone t 5 75.00 375.00 SP 613 570 Topsoil (Imported) m2 200 6.00 1,200.00 SP B14 572 Seed and Erosion Control Blanket m2 200 5.00 1,000.00 SP Total Part'B' (carried to Summary) $ 40,400.00 Page 3 of 8 Pages ITEMIZED BID CONTRACT NO. CL2009-16 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-16 Spec. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard No. Specifications SP - Refers to Special Provisions MOC - Refers to Municipality of Clarington Standard Specifications Item No. Sec No. Descri tion Unit Quanti Unit Price Total PART 'C': CULVERT NO. 98517 -CONCESSION ROAD 4 (0.4 KM EAST OF RR42) C1 543 Maintenance of TrafFc -Local LS 1 2,000.00 2,000.00 SP C2 577 Light Duty Silt Fence m 40 12.00 480.00 SP C3 182, 518, Provisional Item LS 100.00 100.00 902 SP Dewatering C4 206, 510, Removal and Disposal of Existing m 11.2 320.00 3,584.00 902, 928 Culvert SP C5 903 Steel Sheet Cutoff Walls m2 13.4 260.00 3,484.00 SP C6 314, 501 Provisional Item t 15 40.00 600.00 SP Clear Stone Bedding to Culvert C7 421, 503, 1390 mm x 970 mm, Aluminized Steel m 13 460.00 5,980.00 514, SP CSPA Culvert, Incl. Embedment C8 314, 501 Granular Backfill to Culvert t 250 30.00 7,500.00 SP C9 314, 501 Granular `B', Type I t 140 30.00 4,200.00 SP C10 314, 501 Granular 'A' t 75 30.00 2,250.00 SP C11 310 Hot Mix H.L.-3 t 15 225.00 3,375.00 SP C12 511 River Run Stone t 5 75.00 375.00 SP C13 570 Topsoil (Imported) m2 200 6.00 1,200.00 SP C14 572 Seed and Erosion Control Blanket mz 200 5.00 1,000.00 SP Total Part'C' {carried to Summary) $ 36,128.00 PART 'D': CULVERT NO. 98520 -CONCESSION ROAD 4 (0.3 KM WEST OF BUCKLEY ROAD) D1 543 Maintenance of Traffic -Detour LS 1 2,000.00 2,000.00 SP D2 577 Light Duty Silt Fence m 40 12.00 480.00 SP D3 182, 518, Provisional Item - LS 1 100.00 100.00 902 SP Dewatering Page 4 of 8 Pages ITEMIZED BID CONTRACT NO. CL2009-16 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-16 Spec. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard No. Specifications SP - Refers to Special Provisions MOC - Refers to Municipality of Clarington Standard Specifications Item No. Sec No. Descri tion Unit Quanti Unit Price Total D4 206, 510, Removal and Disposal of Existing m 18.4 320.00 5,888.00 902, 928, Culvert SP D5 903 Steel Sheet Cutoff Walls m2 13.4 260.00 3,484.00 SP D6 314, 501 Provisional Item - t 25 40.00 1,000.00 SP Clear Stone Bedding to Culvert D7 421, 503, 1390mm x 970mm, Aluminized Steel m 19.5 460.00 8,970.00 514 SP CSPA Culvert, Incl. Embedment D8 314, 501 Granular Backfill to Culvert t 220 30.00 6,600.00 SP D9 314, 501 Granular `B', Type I t 140 30.00 4,200.00 SP D10 314, 501 Granular 'A' t 75 30.00 2,250.00 SP D11 310 Hot Mix H.L.-3 t 15 225.00 3,375.00 SP D12 511 River Run Stone t 5 75.00 375.00 SP D13 570 Topsoil (Imported) mz 200 6.00 1,200.00 SP D14 572 Seed and Erosion Control Blanket mz 200 5.00 1,000.00 SP Total Part 'D' (carried to Summary) $ 40,922.00 PART 'E': GENERAL ITEMS -ALL LOCATIONS E1 SP Bonds, Insurance and Maintenance LS 1 2,500.00 2,500.00 Security E2 SP Mobilization and Demobilization LS 1 15,000.00 15,000.00 Total Part 'E' (carried to Summary) $ 17,500.00 Page 5 of 8 Pages ITEMIZED BID CONTRACT NO. CL2009-16 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No, CL2009-16 Spec. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard No. Specifications SP - Refers to Special Provisions MOC - Refers to Municipality of Clarington Standard Specifications Item No. Sec No. Descri tion Unit Quanti Unit Price Total SUMMARY - Total Part'A': Culvert No. 99501 -Darlington Park Road $ 6,620.00 Total Part'B': Culvert No. 99506 - Solina Road $ 40,400.00 Total Part'C': Culvert No. 99517 -Concession Road 4 $ 36,128.00 Total Part'D': Culvert No. 99520 -Concession Road 4 $ 40,922.00 Total Part'E': General Items $ 17,500.00 Total (excluding GST) $ 141,570.00 GST (5% of Total) $ 7,078.50 TOTAL TENDER AMOUNT $148,648.50 Tenderer's GST Registration No 853991040 P:\Dept 34331111574\Specs\[CL2009-16 - ItemBid(Sign Docs).xlsjltem Bid Page 6 of 8 Pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO CL2009-16 WE, the Undersigned, HEREBY AGREE to become bound as Surety for All Services Incoraorated in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No.CL2009-16 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT this 1st day of June 2009 Kingsway General Insurance Company Name of Bonding Company Leisha Ruddy (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 N0. CL2009-16 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 Pages 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 13 F. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 10 G. DESIGN GUIDELINES H. STANDARD DRAWINGS I. PLANS: Title Sheet, Index Sheet, Drawings No. 1, 2, 3, 4, SK-1, SK-2 and SK-3 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 127 Current 405 Nov. 2008 532 Jun. 1991 128 Current 421 A r.2008 543 Dec. 1990 180 Nov. 2005 501 Nov. 2005 570 Nov. 2007 182 Nov. 2000 507 Nov. 2005 571 Nov. 2007 201 Nov. 2007 510 Nov. 2006 572 Nov. 2003 206 Nov. 2000 511 Nov 2008 577 Nov. 2006 310 Nov. 2008 514 A r. 2008 908 Mar 1998 314 Nov. 2004 518 A r. 1999 K. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) The Contractor, by this tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. The bidder certifies that it has met all of its obligations to comply with the 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 3, 2009 BV Addendum No. Date of Issue Addendum No. Date of Issue Failure to acknowledge all Addenda issued may result in the bid being rejected. By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2009-16, executed by me/us bearing date the 5 day of June 2009 and we have fully read all related ttocum.~,nts to tender data as listed above. ,~.. SIGNATURE: 1--m POSITION _ President ,~- =" w~. __ NAME OF FIRM All Services Incorporated (COMPANY SEAL) Privacy legislation Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that we have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender. This personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional designations and quaycations. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in project administration, for contact purposes. This is Page 8 of 8 pages to be submitted as the Tender Submission for Contract No. CL2009-16. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-16 STANDARD TERMS AND CONDITIONS P:\Dept 12\12-29732\Specs\CL2009-16 - T&C.doc THE CORPORATION OF THE MUNICIPALITY OF'CLARINGTON PURCHASING DIVISION Page 1 of 11 The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract except where noted below. • Clause 8 of the "Standard Terms and conditions" shall be superseded by Clause 7, "Payments" of the "Special Provisions -General" Section of the Contract. • Clause 15 of the "Standard Terms and conditions" shall be superseded by Clause 1, ' "Guaranteed Maintenance" of the "Special Provisions -General" Section of the Contract. • The first paragraph of Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract. • The first paragraph 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 liability coverage. • Clause 26 of the "Standard Terms and Conditions" shall be superseded by Clause by Clause 16, "Workplace Hazardous Materials Information System (WHIMIS)" of the."Special Provisions- General" Section of the Contract. 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 bid 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, firm or corporation having a contract with the company for, or any part of, the work. Document -The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid - An offer by a Bidder in response to the document issued by the Municipality. Work -All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the company, which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #2006- 127 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the 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. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 3 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 3. CONTRACT The contract consists of the documents aforementioned as defined in :Section 1, Definitions, Contract. The contract and portions 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 fit and uitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any 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 alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered. or completely performed by the Company as soon as possible and in any event within he :period set out herein as the guaranteed period of delivery 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 accompany each delivery thereof. Receiving ;by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the .work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 4 of 11 SCHEDULE (B) 7, PRICING STANDARD TERMS AND CONDITIONS (continued) 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. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. THE CORPORATION OF THE MUNICIPALITY OF-CLARINGTON PURCHASING DIVISION. Page 5 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing 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 the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Company's obligations under the Contract.. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with thelaws of the Province of Ontario. 15. CORRECTION OF DEFECTS 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 contract, 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 closing 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 compliance with the Corporation's Corporate Policies and by-laws 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 construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 7 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) ii) withhold any further payments to the company until he completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the Municipality. by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within #hree (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. 21. SURETY The successful tenderer shall, if the Municipality in its absolute discretion o desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined. by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. THE 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 BOARD All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator". Upon request by the 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 /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 Bodity Injury and Property Damage or such other coverage or amount as may be requested. The Company shall maintain and pay for Automobile Liability insurance in respect of licensed vehicles and shall have limits of not less than $2,000,000.00 inclusive per occurrence covering all licensed vehicles owned or leased by the Company. THE CORPORATION 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 behalf of the Company. A certified copy of such policy or certificate shall be provided to the municipality 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 notice shall be personally delivered to or sent by registered mail to the Agency. The Company will ensure that any and all Subcontractors also have valid Insurance coverage. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever_for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused. by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by ,the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of his contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building ..and services affecting the proper execution of the work, and obtain a 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 which were visible or reasonably inferable, prior.#o he date of submission of Bid. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shalt. satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made #hereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of he performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety.. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets {MSDS) to the Municipality for any supplied Hazardous Materials. 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 clear 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 service provider covenants and agrees to.provide the Municipality of Clarington, or such other entity as the Municipality may designate, with written consent to perform a criminal background check including Criminal Code (Canada) convictions, .pardoned sexual offences, records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and Food and Drugs Act and all outstanding warrants and charges for 'every individual who may come into direct contract with youth or who are permitted entrance to private or restricted areas or residences. This will be done at no cost to the Municipality and any such requested document will be submitted to the Municipality in its true form in advance of commencement of work. The Municipal issued identification card must be worn 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 identification card is valid for the term of the contract ..only or a one year term, whichever comes first. 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 or 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 Officer has the final say in determining any final.action." CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-16 ' SCHEDULE `C' P:\Dept 3433\111574\Specs\CL2009-16-Schedule (C).doc 1 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (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 oject; • every employer and every worker performing work on the.. rp oiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and • the health and safety of workers on the rp oject is protected. • Where so prescribed, a constructor shall, before commencing ..any work on a project, give to a Director notice in writing of the project .containing such information as may be prescribed. DEFINITIONS: Co~~tractor -any individual or firm engaged by the Municipality to do work. on behalf of the Municipality. Project - means a construction project, whether public or private, including, • the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, .street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe 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 -includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading,,excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. SCHEDULE (C) CONTRACTOR SAFETY 2 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 substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "C1 "). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. g) The project manager or delegate must provide the successful contractor with a workplace orientation, which will include, but not limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the 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. 3 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, hat person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all;health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will_have the right to issue warnings and/or to stop work if there are any iolations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to 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 Occupational Health and Safety Act, in any unsafe conditions, I) The Purchasing Department will maintain current certificates of .clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. 4 SCHEDULE (C1) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... To Contractor(s): HEALTH AND SAFETY PRACTICE FORM The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a 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 accident/incident 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 -The WSIB independent operator number assigned: (Bidders to include the letter confirming this status and number from WSIB with their bid submission.) 5 SCHEDULE (C2) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific policies and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "Act"); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. 6. The 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; , SCHEDULE (C2) CONTRACTOR SAFETY 6 POLICY AND PROCEDURE Continued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any`matter required pursuant to-this contract/tender; and c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Actin relation to any violation of the Act arising out of this contract/tender. dot"-vt„ ...:.., ~ c~ ~ ~ ~^- < (~ ~ l,' ~ ' ... ................................................................g....g ..................... Contractor Name of Person Si nin for Contractor .~ ~ ~ t °~ ........ ._ 'gnaure of Cohtra for Date 7 SCHEDULE (C3) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) _ Provide warning to the contractor to immediately discontinue the unsafe work practice described below _ Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT. PART "A" -DETAILS OF CONTRACT I CONTRACT/P.O. # DESCRIPTION: I NAME OF FIRM: SCHEDULE (C3) CONTRACTOR SAFETY 8 PART "B" -DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE & TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART "C" -ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-16 INSTRUCTIONS TO TENDERERS P:\Dept 3433\111574\Specs\CL.2009-16 - IT.doc INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-16 CLAUSE SUBJECT PAGE 1. GENERAL .......................................................................................................................................................... 1 2. BLANK FORM OF TENDER ........................................................................................................................... 1 3. TENDER DEPOSITS ........................................................................................................................................ 2 4. BONDS ......................:.................................................................:...................................................................... 2 5. RIGHT TO ACCEPT OR REJECT TENDERS ............................................................................................. 2 6. UNACCEPTABLE TENDERS ......................................................................................................................... 3 7. ABILITY AND EXPERIENCE OF TENDERER ............................................................................................ 3 8. PROVINCIAL SALES TAX .............................................................................................................................. 3 9. GOODS AND SERVICES TAX (GST) ........................................................................................................... 3 10. EXECUTE CONTRACT DOCUMENTS ........................................................................................................ 3 11. COMMENCEMENT OF WORK ...................................................................................................................... 3 12. LOCATION ......................................................................................................................................................... 4 13. SOILS INFORMATION .................................................................................................................................... 4 14. TENDERERS TO INVESTIGATE .................................................................................................................. 4 15. INQUIRIES DURING~TENDERING ............................................................................................................... 4 16. AWARD OF THE CONTRACT ....................................................................................................................... 4 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR .............. 4 18. ADDENDA .......................................................................................................................................................... 5 19. UTILITIES ........................................................................................................................................................... 5 20. TENDER OPENING MEETING ...................................................................................................................... 5 21. PROVISIONAL ITEMS ..................................................................................................................................... 5 PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-16 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2009-16" will be received until: 2:00:00 P.M., LOCAL TIME, FRIDAY, JUNE 5, 2009 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Tenders must be time-stamped at the above noted location to be considered. Late submissions will not be accepted and will be returned unopened without exception. The use of the mail or courier services for delivery of a Tender will be at the risk of the Bidder. The Tender must come into the possession of the above-mentioned representative of the Municipality before the deadline for submission or the Tender will be returned to the Bidder unopened. In the event that the Tender is hand delivered and is received past the deadline for submission, the Tender envelope will be time stamped and returned unopened to the deliverer immediately. In the event that the Tender is received by a means other than `in person' and is received past the submission deadline, it will be time stamped and returned unopened by courier. Note: Since Tenders must be submitted in a sealed envelope, submissions by facsimile or electronic delivery, secured or otherwise, are not acceptable. The onus unequivocally remains with the Bidder to ensure that Tenders are delivered to the Municipal Clerk, Clerks Office, 2"d Floor, before the deadline for submission, in accordance with the submission instructions. Requests for adjustments to submitted Tenders by telephone, fax or electronically will not be considered. The Municipality shall not be liable for any cost of preparation or presentation of Tenders, and all Tenders and accompanying documents submitted by the Bidder become the property of the Municipality and will not be returned. There will be no payment to Bidders for work related to and materials supplied in the preparation, presentation and evaluation of any Tender, nor for the Contract negotiations whether they are successful or unsuccessful. The Municipality, its elected officials, employees and agents shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Bidder, prior or subsequent to, or by reason of the acceptance, or non-acceptance by the Municipality of any Tender, or by reason of any delay in the acceptance of any Tender. 2. BLANK FORM OF TENDER One copy of the Tender, on the forms provided, shall be submitted. All information requested shall be shown in the tender, in the space provided. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-16 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. Total Tender Amount Minimum Deposit Required $ 20,000.00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 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 2. The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An Agreement to Bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. 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. CL2009-16 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) 3. 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 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. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-16 12. LOCATION The work is located in the Municipality of Clarington, at four separate locations as follows: • Culvert No. 99501 -Darlington Park Road, 0.3 km west of Courtice Road intersection • Culvert No. 99506 -Soling Road, 0.8 km north of Baseline Road • Culvert No. 98517 -Concession Road 4, 0.4 km east of Regional Road 42 • Culvert No. 98520 -Concession Road 4, 0.3 km west of Buckley Road 13. SOILS INFORMATION 4. Geotechnical investigations directly related to this Contract have not been undertaken on behalf of the Municipality of Clarington. 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 properjurisdictional agency. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications shall be directed to the Contract Administrator, AECOM, Telephone: 905-372-2121, attention: Ron Albright, P. Eng.. 16. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Municipality of Clarington. 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the Corporation of the Municipality of Clarington. Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-16 5. Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, AECOM, or such other officers, as may be authorized by the Authority to act in any particular capacity. 18. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are 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: Bell Canada: Enbridge/Consumers Gas: Cable TV Hydro One Veridian Hydro Clarington Street Lighting Durham Region Traffic Signals 20. TENDER OPENING MEETING Ms. Carroll Patterson Tel: (905) 433-0902 Mr. Jamie Rochford Tel: 416-758-7936 Ms. Cindy Ward Tel: 905-436-4138 Mr. Terry Gerroir Tel: (905) 623-1071, Ext. 3242 Mr. Peter Petriw, P.Eng. Tel: (888)-445-2881 Clarington Operations Ms. Sue Arends Tel: (905)263-2292 Durham Region Traffic Depot Tel: (866)-786-8116 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. 7, Main Floor, 40 Temperance Street, Bowmanville, Ontario and interested bidders are invited to attend." 21. PROVISIONAL ITEMS After the Tender Closing the Items or Sections in the Itemized Bid noted as being INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-16 6. "Provisional" may have quantities modified or may be deleted from the Contract at the sole discretion of fhe 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." CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-16 SPECIAL PROVISIONS -GENERAL P:\Dept 3433\111574\Specs\CL2009-16 - SPG.doc INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2009-16 CLAUSE SUBJECT PAGE 1. GUARANTEED MAINTENANCE .....................................................................................................1 2. CONTRACT TIME AND LIQUIDATED DAMAGES ......................................................................1 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ........................................................ .......2 4. OPS GENERAL CONDITIONS ........................................................................................................2 5. LAYOUT BY CONTRACT ADMINISTRATOR ........................................................................ .......2 6. RESTRICTIONS ON OPEN BURNING ................................................................................... .......2 7. PAYMENTS .................................................................................................................................. .......2 8. UTILITIES ..................................................................................................................................... .......3 9. DUST CONTROL ...............................................................................................................................4 10. TRAFFIC CONTROL, FLAGGING ........................................................................................... .......4 11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS .........................................................4 12. MAINTENANCE OF TRAFFIC .................................................................................................. .......5 13. EMERGENCY AND MAINTENANCE MEASURES ............................................................... .......5 14. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL ................................................ .......6 15. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES .......6 16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHIMIS) ............. .......7 17. SPILLS REPORTING ................................................................................................................. .......8 18. PROTECTION OF WATER QUALITY ..................................................................................... .......8 19. TRAFFIC AND STREET SIGNS ............................................................................................... .......8 20. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE .....................................................9 21. ASPHALT MIX DESIGNS .......................................................................................................... .......9 22. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES ........................................................................................................................................ .......9 23. CONFINED SPACE ENTRY ...................................................................................................... .......9 24. ENTRY ONTO PRIVATE PROPERTY .................................................................................... .....10 25. STORAGE AREAS ...................................................................................................................... .....10 26. ENVIRONMENTAL PROTECTION PLAN .............................................................................. .....10 27. GENERAL LIABILITY INSURANCE ......................................................................................... .....12 28. CONSTRUCTION LIEN ACT .................................................................................................... .....12 29. VARIATIONS IN TENDER QUANTITIES ................................................................................ .....12 30. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR ........................................................................................................................... .....13 PAGE ONE SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 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. 2. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be of the essence for this Contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC1.06. (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defined in GC1.06 of the General Conditions within 40 working days. As per clause 18 -Environmental Protection Plan of the Special Provisions -General, all in-water works must be completed between July 1 and September 15, 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 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 SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 2. beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for completion. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.10 is defined as an employee of the Contractor. 4. 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. 5. 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. 6. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 7. 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 SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 3. 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. 8. UTILITIES Sections GC2.01.01 and GC7.13.02 of the General Conditions are deleted in their entirety and are replaced by the following: "The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction." The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. 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 SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 4, the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 9. 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. 10. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual), and as per the requirements of the Ontario Health and Safety Act Reg. 213/91, Section 69.1. 11. 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. The detour signage indicated on Drawings No. SK-1 and SK-2 in the specifications shall be followed as a minimum requirement for each site (Culvert No. 98517 and Culvert No. 99506). Traffic controls shall be operational before work affecting traffic begins. The Contractor shall also be responsible for two (2) general information signs to be placed at both Culvert No. 99506 and 98517, as directed by the Contract Administrator. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 12. MAINTENANCE OF TRAFFIC 5. The Contractor will be permitted to close Soling Road to through traffic from Bloor Street to Baseline Road, to accommodate the culvert installation for Culvert No. 99506. The Contractor will be permitted to close Concession Road 4 between Pollard Road and the Darlington-Clarke Townline Road (Reg. Rd. 42) to accommodate installation of Culvert No. 98517. The Contractor shall maintain one (1) lane of traffic at all times during the installation of Culvert No. 98520. No lane restrictions or closures shall be permitted at Culvert No. 99501. The Contractor shall maintain both lanes of traffic open on Port Darlington Road. The Contractor shall provide suitable signage (in accordance with OTM Book 7) and barriers for off-loading and storage sites along the road shoulders. 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. 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. 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. 13. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 6. mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. It shall be the Contractor's responsibility to ensure that erosion and sedimentation control measures within the limits of the Contract are in place and fully operational to the satisfaction of the Contract Administrator, should the onset of severe inclement weather be forecast. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 14. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: 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. 15. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. Designated Substance Identified on this Site Location Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 Designated Substance Identified on this Site Location Mercury No Silica No Vinyl Chloride No 7. It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H 1AB, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns has been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. The requirements of Section GC4.03 of the General Conditions of the Contract shall apply. 16. 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. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 17. SPILLS REPORTING 8. 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. 18. 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. 19. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 9. 20. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. 21. 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. 22. 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. 23. CONFINED SPACE ENTRY Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: • Mechanical Ventilation Equipment • Gloves • Gas Detector (C95-80) • Full body harness securely attached to a rope • Rope • Gas mask or dust, mist or fume respirator (optional) • 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 10, 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. 24. 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. 25. .STORAGE AREAS Clause GC7.03.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. Under no circumstances will material storage be permitted within areas delineated with tree protection fencing. 26. 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. • All disturbed areas shall be topsoiled (if necessary) and re-vegetated immediately after final grading is completed. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 • 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. 11. • 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 Special Provisions-General and the Contract Items, will form an integral part of the project Environmental Protection Plan. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 27. GENERAL LIABILITY INSURANCE The Municipality of Clarington and AECOM Canada Ltd. shall be named as additional insureds. (See Clause GC6.03.02.01) 28. 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. 12. 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. 29. VARIATIONS IN TENDER QUANTITIES Clause GC.8.01.02 (b) of the General Conditions of Contract is amended as follows: The last sentence beginning "Alternatively" and ending "paid" is deleted and replaced by "The Municipality shall not be liable to the Company for loss of anticipated profit". SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-16 13. 30. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: Date ....................... To: Mr. A.S. Cannella, C.E.T., Director of Engineering Services Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL2009-16 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Municipality of Clarington from further obligations. Yours very truly, .................................. Signature Property Owner's Name ............................Lot......Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-16 SPECIAL PROVISIONS -TENDER ITEMS P:\Dept 3433\111574\Specs\CL2009-16-SP-Tl.doc PAGE ONE SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 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". MAINTENANCE OF TRAFFIC- ITEMS NO. B1, C1 AND D1 These Items are for maintenance of the road, maintaining access to residences for vehicles and pedestrians, and carrying out other activities associated with the required detour arrangement for Items B1 and D1, and road open condition, with lane restrictions for Item C1. The Contractor shall a) Erect and maintain temporary signs, concrete barriers and temporary pavement markings, as required to accommodate all of the work as shown on the Contract Drawings. b) Prepare Traffic Control Plans, Traffic Protection Plans, etc. as required in the Ontario Traffic Manual, Book 7-Temporary Conditions. All plans, etc. shall be submitted to the Contract Administrator for review prior to commencement of work. All submissions shall bear the stamp and signature of a Professional Engineer registered in the Province of Ontario. The Engineer shall carry out a site inspection during installation or modification of the traffic control system and. provide written certification of conformance. c) Supply, install and maintain traffic protection barriers as directed by the Contract Administrator. d) Supply, install and maintain temporary electric signalization devices for the major traffic control system and flag persons, as required and as approved by the Contract Administrator. Sites No. 98517 and 99506 shall have their works completed via a road closed condition. Sites No 98520 shall maintain one lane of vehicular traffic at all times, unless otherwise noted in the Contract. `During lane restrictions, traffic shall be controlled by temporary signalization devices. No lane restrictions or closures shall be permitted at Culvert No. 99501. Access shall be maintained at all times, regardless of weather or construction staging, to all residences having access to the road. Additionally, safe and adequate passage for pedestrians shall be maintained at all times. if the Contractor fails to maintain access, the Contract Administrator may take whatever action it deems necessary and charge the costs back to the Contractor. The Contractor shall supply and place all construction warning signs using direct buried posts as required by the 'Ontario Traffic Manual -Book 7, Temporary Conditions', prior to the start of construction. The Contractor shall remove all construction signs and posts upon the completion of the contract. The Contractor shall cover (bag) any road warning and regulatory signs as required to carry out the construction when advised by the Contract Administrator. As a minimum requirement, the Contractor shall set out the road closure arrangements on Concession Road 4 -..Site 98517 and Solina Road -Site 99506 as shown on Drawings SK-1 and SK-2 (Temporary Detour Routes). The Contractor shall advise the Contract Administrator of any revisions to these plans that he believes will be an improvement. No revisions shall be made without the Contract Administrator's prior approval SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 2, The Contractor shall supply and place all construction warning signs using direct buried posts as required by the `Ontario Traffic Manual -Book 7, Temporary Conditions', prior to the start of construction. The Contractor shall remove all construction signs and posts upon the completion of the contract. The Contractor shall cover (bag) any road warning and regulatory signs as required to carry out the construction when advised by the Contract Administrator. The Contractor shall give the Contract Administrator five (5) working days advance notice of any construction, change or removal of the temporary traffic protection and any such construction, change or removal shall only take place upon the approval of the Contract Administrator. During the time the temporary traffic control is being constructed, changed or removed, vehicular traffic shall be under the control and direction of flagmen. If, in the opinion of the Contract Administrator, proper traffic control is not maintained, the Contractor shall immediately modify the operation to the satisfaction of the Contract Administrator. If the Contractor fails to take immediate action, the Contract Administrator may take such action, as he considers necessary and required and deduct the cost from monies owing the Contractor. The performance of such work under the direction of the Contract Administrator shall in no way relieve the Contractor from any responsibility or damages which may occur during its performance or after such precautions have been carried out by the Contract Administrator. The cost of all labour, granular and asphalt materials, equipment, electric stop and go system, flag persons, signs, lights, etc., required to maintain both vehicular and pedestrian traffic, shall be included under this item. The work of this item shall include the control of dust to provide safe passage for traffic. Dust control shall be effected by the use of water or calcium chloride, or both. The work of this item shall also include the removal of mud that has been tracked onto roadways as directed by the Contract Administrator. Mud shall be removed within 24 hours notice by the Contract Administrator. The Contractor will be responsible for the maintenance of the work at all times until the contract has been accepted, and commencing from the first day of work. This will include the maintenance of the existing roadway within the contract limits even if the Contractor has not yet begun work in a particular area. Temporary signage shall be supplied, erected and maintained in the locations shown on the approved traffic control plans, or as directed by the Contract Administrator during the course of the Contract, by the Contractor, in accordance with the Ontario Traffic Manual, Book 7 -Temporary Conditions and the Manual of Uniform Traffic Control Devices. The Contractor shall be responsible for all the necessary installation, hookup, inspection, permits, etc required to erect the Traffic Control Devices. Payment for all work outlined in this specification shall be included in the lump sum price tendered for `Maintenance of Traffic -Detour'. Payment shall be made of each payment certificate based on the value of work completed to date as a percentage of the total contract amount. The total value of this item shall not exceed 100 % of the contract lump sum price. DEWATERING (Provisional) -ITEMS NO. A1, 63, C3 AND D3 Under these Items and for the unit price bid, the Contractor shall carry out all work, as outlined in OPSS 902, to ensure that all concrete and granular material are placed in dry conditions. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 3. Discharge points of all pumps utilized in dewatering the work shall be located downstream of the contract limit, directly adjacent to the existing watercourse channel, as shown on the Contract Drawings to ensure creek flow is maintained. The point of discharge will be protected from erosion by a splash pad, consisting of200mm dia. rip-rap rock protection on woven geotextile, to dimensions shown on the Contract Drawings. A rock check dam, as per OPSD 219.211, shall be installed between the downstream end of the culvert works and the splash pad point of by-pass pumping discharge. The check dam shall be installed to span the width of the existing stream bed from creek edge to creek edge. Should it be necessary,to pump water from the excavation area, the discharge shall be pumped to a suitable silt filter bag ..prior to entering the creek. All silt filter bags shall be located in vegetated areas, a minimum of 30m from the watercourse. Installation, maintenance and removal upon contract completion of all splash pads, check dams and silt filter bags in accordance with the Contract Drawings and as specified herein shall be considered for payment under this Item for the Lump Sum price bid. The Contractor shall submit six (6) copies of his detailed drawings and specifications for his proposed method of dewatering for the Contract Administrator's review. The Contractor shall be wholly responsible for the adequacy of his method of dewatering. The Contractor is advised that all dewatering schemes shall be subject to the approval of the applicable Conservation Authorities, the Municipality of Clarington and the Contract Administrator. In particular, the following work will be required: 1. Supply all ..labour, materials and equipment to construct the temporary cofferdams, including the dewatering .and by-pass pumping system as shown on the drawings and as directed by the Contract :Administrator. Sediment control barriers (sand bag cofferdams) shall be installed to isolate the work zone from the watercourse at the site prior to commencement of the construction and remain in place until all work is completed. Coffer dams shall be comprised of sandbags filied with pea gravel or other cofferdam materials, previously approved by the Engineer. Sandbags shall .be hand placed, and constructed to obtain 0.3m freeboard during normal watercourse flows. 2. All pump intakes shall be placed in a larger perforated barrel surrounded with a filter screen to ensure the,protection of fish. 3. The Contractor will be required to maintain existing stream flows and shall control all construction work so as to not 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 watercourse. `Run-off from excavations will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas. 4. Silt filter;bags (used where necessary to dewater within the excavation resulting in sediment discharge) shall be installed a minimum of 30 meters from the watercourse. 5. The use of machinery in the creek bed is prohibited. 6. Any stockpiled materials shall be stored and stabilized a minimum distance of 30 meters from the watercourse. 7. Vehicle and equipment re-fuelling and/or maintenance shall be conducted a minimum distance of 30 meters. from the watercourse. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 4, 8. The Contractor shall have on-site, at all times, an appropriate spills management plan, including spill control and absorbent materials and instructions regarding their use to facilitate rapid clean- up should a spill occur. 9. Only clean material free of fine particulate matter shall be placed in the watercourse. 10. All sediment control measures shall be inspected daily to ensure that they are functioning properly and are maintained and/or upgraded as required. 11. If the sediment control measures are not functioning properly, no further work shall occur until the control deficiency is addressed. 12. All disturbed areas of the work site shall be stabilized and re-vegetated as required, immediately following competition of an area's disturbance. The Contractor shall be required to provide details of measures to be taken to minimize siltation of the streambed during construction to the satisfaction of the Contract Administrator and the applicable Conservation Authority. The Contractor shall be wholly responsible for the adequacy of his method of minimizing siltation. Issuance of work permits by the applicable Conservation Authority will be subject to the receipt of satisfactory dewatering and sediment control schemes, as formally submitted by the Contractor. 1400 mm DIA. TOP SECTION NESTABLE CSP -ITEM NO. A2 Under this Item and for the lump sum bid, the Contractor shall undertake the following: • Remove the existing silt, stone and any other debris from the culvert interior to allow for completion of the proposed works. • Install 27 top sections (without notches or flanges) of 1400 mm diameter corrugated galvanized steel nestable pipe in the lower half of the existing pipe. Nestable pipe shall have a 68 mm x 13 mm corrugation profile. Each nestable pipe section shall be 600 mm long, have a 1.6 mm wall thickness and be pre-punched by the supplier for the insertion of 18 (75 mm x 9 mm) TEK bolts, as per SK-3. Note: The nestable sections are required at 600 mm alternate intervals only (ie: there will be a 600 mm open space between each installed sheet). • Drill 18 holes in the existing culvert to match each pre-drilled nestable sheet (ref. Drawing No. SK-3). Holes shall be drilled at a diameter which will allow the TEK screw (self-tapping) to securely fasten to the existing culvert. Tighten the nestable pipe half-ring to a snug condition against the existing pipe wall. • Adjust spacing of the nestable sections, where necessary, to allow nestable pipe section to span the existing pipe joint locations. • Advise Contract Administrator of any large voids between the nestable sheets and the existing culvert that cannot be closed with additional TEK screws. These may be plugged with a low slump concrete mix at the Contract Administrator's discretion on a time and material basis. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 5. LIGHT DUTY SILT FENCE -ITEM NO. B2, C2, D2 Payment under this Item for the unit price bid shall be for installation of sediment control fencing at locations as indicated on the Contract Drawings, and as directed by the Contract Administrator. The unit price bid shall include all maintenance necessary to keep the fence fully operative. Silt Fencing shall be installed prior to the commencement of any earth excavation or grading. The unit price bid shall include for the removal of all fence once vegetation has established. • Light duty silt fence shall be constructed in accordance with OPSD 219.110. REMOVAL AND DISPOSAL'OF EXISTING CULVERT -ITEMS N0. B4, C4 AND D4 Under these Items and for the unit price bid, the Contractor shall completely remove the existing structure, including removal and disposal of existing asphalt. The unit price bid shall also include all excavation, to accommodate the construction of the new structure, including backfill, frost tapers and rock protection. Any over excavation shall be backfilled with approved materials and compacted, at the Contractor's expense, as directed by the Contract Administrator. Removals shall be conducted carefully to ensure that debris does not enter the flowing portion of the watercourse. Under these terns for the unit price bid, the Contractor shall also carry out all removals not provided for under other Items of this Contract, including trees, brush, stones, etc. All removals from .the existing structure, shall remain the property of the Contractor to be disposed of by the Contractor. off the. limits of the Contract, at a location arranged for by the Contractor at his own expense and to the satisfaction of the Contract Administrator. When hauling rubble, excavated materials or fill from or to the site, the Contractor shall comply with the requirements of the Highway Traffic Act. STEEL SHEET CUTOFF WALLS -ITEMS. NO. B5, C5 AND D5 Under these Items and #or he unit price bid, the Contractor shall supply all labour, materials and equipment required to drive 3.5mm thick interlocking galvanized steel sheeting, to construct the steel sheet cut-off walls at each end of the new culverts, as shown on the Contract Drawings and as directed by the Contract Administrator, ; The Contractor shall be responsible for the supply, storage, handling, moving and proper care of the steel sheeting. The Contractor shall install the steel sheeting to the lines and depths shown on the Contract Drawings or provided herein, 'or as ..revised in the field by the Contract Administrator. The steel sheeting shall extend a minimum of 1.0 m below the culvert inverts and extend up to an elevation equal to one half the culvert opening height. The unit price bid shall include all cutting of the sheeting to the elevation shown on the Contract Drawings, and as specified herein. Installation of the steel sheeting cut-off walls and associated work will include the following, as shown on the Contract Drawings and as directed by the Contract Administrator. a) The. supply and installation of the steel angle, unbalanced channel and appurtenances, as shown on the .Contract Drawings. The steel angle, unbalanced channel and appurtenances shall be hot dipped, galvanized in accordance with CAN/CSA G-164. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 g, Measurement for payment under these Items shall be made in square metres, on the basis of the driving lines and length of steel sheeting remaining in the completed structure, after the sheeting has been cut-off at the specified elevations, as shown on the Contract Drawings and as directed by the Contract Administrator. CLEAR STONE BEDDING TO CULVERT (Provisional) -ITEMS NO. 66, C6 AND D6 Under these Items and for the unit price bid, the Contractor shall supply and place 19mm dia. clear stone as culvert bedding. For culverts 98517 and 98520 the clear stone bedding shall be installed to a width of 1500mm and a depth of 200 mm. For culvert 99506 the clear stone bedding shall be installed to a width of 1800mm and a depth of 200 mm. Where, however, the Contractor has excavated beyond the specified limits, the Contractor shall supply and place, to the satisfaction of the Contract Administrator, clear stone material, as required, to fill the resulting excess volume. All costs of supplying and placing such additional material shall be incurred at the Contractor's expense. The upper surface of the clear stone shall be the lowest point of the CSPA invert. The stone will have a complete surround of geotextile, Armtec 360R or approved equal. The use of clear stone will be dependent on the Contract Administrator's assessment of trench conditions regarding groundwater or unsuitable subgrade material. CSPA CULVERT -ITEMS NO. 67, C7 AND D7 Under these Items, for the unit prices bid, the Contractor shall undertake the following work: • Supply and place crusher-run limestone bedding material. Bedding 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 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. All CSPA's are 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. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 7. • Supply and place 2.8 mm thick aluminized steel, Hel-Cor Lock Seam corrugated pipe arch culvert. Pipe shall have a 68 mm x 13 mm corrugation profile. The pipe arch shall be manufactured in accordance with CAN/CSA G164 and as supplied by Armtec or approved equal. Contact: Simon Perdue, Tel: 705-760-2758. • Standard annular, five corrugation couplers shall be used. Each couplerjoint shall be wrapped with a 600 mm wide strip of geotextile, non-woven Armtec 200 or approved equal and secured to the pipe arch at several locations with a bonding material to prevent dislocation during backfilling operations. • 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. GRANULAR BACKFILL TO CULVERT -ITEMS NO. B8, C8 AND D8 Under these Items and for the unit price bid, the Contractor shall supply, place and compact in accordance with OPSS 501, OPSD 802.020 and OPSD 803.031, the Granular'B' material required for the structure backfill and frost tapers, as shown on the Contract Drawings, and as directed by the Contract Administrator: The extent of granular backfill to the structures shall be as shown on the Contract Drawings. Where, however, the Contractor has excavated beyond these limits, or has failed to place earth fill up to the lower limits, he shall supply, place and compact, to the satisfaction of the Contract Administrator, either earth or granular material, whichever the Contract Administrator shall direct, as required to fill the resulting excess volume. All costs of supplying and placing such additional material shall be incurred at the Contractor's expense. Water shall be applied to the material to achieve required compaction, as directed by the Contract Administrator, and .shall be included in the unit price bid. The Contractor shall not be,permitted to use other than hand operated vibratory type compaction equipment for compaction of backfill material within the 1.0 m restricted zone immediately adjacent to the pipes on both sides. Hand operated vibratory equipment shall have an energy output not greater than 6.7 kilowatts. GRANULAR `B' (Type I) -ITEMS NO. B9, C9 AND D9 GRANULAR `A' -ITEMS NO. B10, C10 AND D10 Under these Items and for the Contract unit prices, the Contractor shall supply, place and compact in accordance with OPSS 501, the granular materials required for the road base and shoulders, as shown on the Contract Drawings and as directed by the Contract Administrator. All granular materials shall be compacted to 100 Percent Standard Proctor Density. For the purposes of roadway restoration, at all site locations, Granular'B' to a compacted depth of 300mm and Granular `A' to a compacted depth of 150mm shall be used, and considered for payment under this Item. Water shall. be applied to the material to achieve required compaction, as directed by the Contract Administrator, and shall also be included in the unit price bid. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 8. HOT MIX H.L.-3 -ITEMS NO. B11, C11 AND D11 Payment shall be made under these Items for the supply, placing and compacting of Hot Mix H.L.-3 within the paved portion of the road to match existing road profile, to the limits specified on the contract drawings. Sawcutting at the limits of asphalt removal, as designated by the Contract Administrator, as per C-311 shall be included for payment under these Items. Asphalt shall be PGAC 58-28 with a minimum Marshall Stability of 8,900. The required depth of asphalt is 50 mm, at all site locations. RIVER RUN STONE -ITEMS NO. B12, C12 AND D12 The work under this Item shall be performed in general compliance with the plans, OPSS 511 and as directed by the Contract Administrator, and shall consist of supply and placement of a protective covering of approved river run stone over the disturbed channel bed and road embankment areas at the channel connection points with the culvert. It is not the Contract Administrator's intent to disturb any part of the watercourse except that portion which abuts the culvert inlet and outlet. The river run stone protection shall be sound material, of a natural, rounded shape and clear of all fines. The quality of the stone shall be approved by the Contract Administrator. Rock subject to marked deterioration by water or weather will not be accepted. Stone shall satisfy the gradation requirements as follows: Gradation Limits for Stone Protection Minus 200 mm 95% Maximum Allowable Minus 100 mm 50% Maximum Allowable Minus 50 mm 30% Maximum Allowable Minus 25 mm 0% Placement shall be carried out in such a manner that the surface of the finished stone protection shall have a uniform plane\flat appearance, and be without segregation and the top surface shall be flush with the streambed. Placement shall extend to limits as directed by the Contract Administrator. The Contract prices for the river run stone protection shall constitute full compensation for the supply of the rock, any excavation or trimming required, the hauling and placing of rock and all Items incidental to the completion of the work in accordance with the Specifications. TOPSOIL (IMPORTED) -ITEMS NO. B13, C13, AND D13 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. 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. The soil shall consist of a minimum 4% organic matter. The phosphorous level shall be 30 ppm +/- 2 ppm. The potassium level shall be 235 ppm +/- 30 ppm. The soil shall have a base saturation of calcium of 75%, +/- 10%. The base saturation of sodium shall be a maximum of 0.5%. The pH level shall be between 6.0 and 7.0. A copy of the topsoil testing report shall be provided to the Contract Administrator. Payment for this testing shall be included in payment under the respective topsoil items. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 9. If the topsoil does not meet all of the fertility elements the soils shall be treated with the required amendments as recommended by the topsoil analysis report. SEED AND EROSION CONTROL BLANKET -ITEMS NO. B14, C14 AND D14 Under this Item and for the unit price bid, the Contractor shall supply the labour, materials and equipment to complete the seeding as shown on the drawings and specified herein. Seeding shall be performed during periods of mid-April to early June and mid-July to the end of September, conditional upon local weather conditions.. The location for the area to be seeded is indicated on the drawings. Native Seed shall be distributed manually, and contain a mix consistency: 25% Canada Wild Rye (Elymus canadensis) '25% Switchgrass (Panicum virgatum) 25% Big Blue Stem (Andropogon getardii) 15% Little Blue Stem (Schizachyrium scoparium) 10% Tall Mana Grass (Glyceria grandis) Completion of this Item is to be performed immediately upon the completion of an area's final grading of topsoil, as approved by the Contract Administrator. Watering :shall. be :carried out to ensure proper germination and subsequent growth to a height of 75 mm. Water supply and application necessary to achieve the desired growth is the Contractor's responsibility under the unit price for this Item. Measurement for the. purpose of payment under this Item shall be made by the square metre, in place. Under this Item and at the bid unit price, the Contractor shall protect all seeded areas with a staked Erosion Control Blanket (North American Green - S150, Tel.: 1-800-448-2040). Erosion Control Blankets shall be secured in accordance with suppliers/manufacturers directions, with particular concentration on the staking of the blanket to secure on slopes using wooden or steel pins. BONDS, INSURANCE AND MAINTENANCE SECURITY -ITEM NO. E1 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. MOBILIZATION AND DEMOBILIZATION -ITEM NO. E2 The Contract price stated in the Tender Form for this Item shall be compensation for the following: a) Security protection of the Contractor's, plant and sorted materials during the course of the Contract. b) Moving onto the site and setting up the Contractor's, storage facilities, plant, etc. c) Providing all necessary access to the project including as required and the restoration of the surfaces to their original condition after the haul roads are removed. d) Moving off the site and removal of the Contractor's, storage facilities, plant, etc. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-16 10. Payment will be made as follows: 50% of the lump sum stated in the Tender Form for this Item will be paid on the first Payment Certificate; and, the 50% balance will be paid on the Payment Certificate following issuance of the Certificate of Substantial Performance. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-16 DESIGN GUIDELINES SECTION 900 INSPECTION/CONSTRUCTION SECTION 900 1.0 GENERAL MATERJGlLS'AND CONSTRUCTIOIK-36 1.01 These $uidelirtes ar+e to be used in ~ln with the conditions set out in the Subdivision Agreestent, in particular Schedule "I"-Duties of Owners F.aginoa and Schedule "L"-Regut~ogs ~ Co~~~ 1.02 The Owner's Consulting Engineer shalt provide fup-time inspection and sWP of all Works. 1.03 The Consulting Engineer shall take extensive preoonstruction photos of surmuttding lands, and shall provide dated/described copies of such photographs to the Municipality. 1.04 Construction sites are to be maintained to prevent unnecessary ponding of water. 1.05 Prior to requesting the inspections (or reanspections) from the Municipality, the Consulting Engineer shall verify the proper completion of the Works, and submit a written request. 1.06 All equipment, materials and methods involved in trerrcl- back611, filling, granulars, concrete and asphalt shall be monitored and Certified as acceptable by the owrret's Geotechnical Engineer (see attached form). Unless noted otherwise, the term "compacted'. shall mean 9S°/. Standard proctor or higlrer.(native rrraterials) and 98% Standard Proctor or higher (granular materials). Such certification shall be in a form acceptable to the Director and shall include all supporting documentation and test results. Mix designs for concrete and asphalt shall be obtained and approved by the Geotechnical Engineer. The Geotechnical Engineer shalt ensure that the type, frequency, location and results of alt tests is sufficient to ensure certification. Furthermore, the Geotechnical Engineer shall ensure 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 nay damaged/subslandard material is marked and removed from the site immediately. 2.02 Installation of storm sewers shall be continually monitored for adherence to proper bedding, pipe laying, backfilling and compaction procedures. All storm sewers, catchbasins and manholes shall be constructed true to line and grade. Street catchbasms are to be installed in precise alignment with curb lines, and no tolerances will be permitted. Rear yard catchbasins shall be accurately surveyed and verified by the Consulting Engineer for correct location prior to the issuance of a Certificate of Completion. The precast tops of manholes and catchbasins shall be checked for excess brickwork prior to roadbuilding. INSPECTION, MATERIAL,S,41~ CONSTRUCTION-37 2.03 Trench widths shag be kept at a minimum, while mechanical l~~g ProP~' widWs to enable compaction. All trenching must adhere to Ministry of Labour roquirrnrents. 2.04 Manholes are to be backfilled with compacted stmd, outside face of the structure. (Catchbasins mia 300mm ~ ace of the stntcttu~e).~ 2.05 House connections shall extend 1.5 m info the lots and be pluggod ~vviW approved removable plugs. Bedding shall be as per approved starxiard drawing. Tees shall bepre- manufacturod for pipes 4SOmm diameter ~ smaller, oorod (~ site) if 525mm diameter or larger, tied shag be secure and watertight. The invert of all tees shall be located above the springlinc of fbe sewer main and shag be a minimum of 600mm from the nearest adjacent tee or joint, unless approved otherwise. 2.06 Concrete pipes intoJout of manholes shall be concrete cradled precisely to the fast joint. 2.07 All storm sewers, including street and rear yard catchbasin leads (and individual service laterals where directed), shall be inspected using approved high quality video recording equipment and procedur-es. The inspection shall be carried out in a manner acceptable to the Municipality and all video tapes shall be submitted to the Municipality for review and permanent storage. Video re-inspections may also be requested. 2.08 Li6ltration 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 loading cracks excepted), exposed reinforcing or other defects, shah bt: removed and replaced to the satisfaction of the Director No repairs shalt be undertaken without the consent and the direct supervision of the Municipality. 3.0 BACKFILGQYG GRADING AND GP;ANULAK 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 LO m in depth above the compacted sand cover over the storm sewer and each additional lift shall be placed in layers not exceeding 300mm (Dose measurement unless Geotechnical Engineer)_ Each lift shall be compacted until it has achie ed the specifiede density before any additional lifts are placed. 3.02 Backfitling operations shall follow pipe installation as closely as possible and be limited to 75 metres of open trench maximum. INSPECTION, MATERIALS AND CONSTRUCTION-38 3.03 The Geotechnical Engines shall doamteat all tests, including failures sad t~ctests, is sequential order, continuously throughout the projax. A copy of all test results shall be kept at the site trailer, is addition to providing daily plotting of all test results oa the plan and pro6k drawings. 3.04 The Consulting Engines shall enstu~e that the subgrade is 6ne graded to the correct width, and that the minimum 3Y. crnssfall is consistently maintained, rviW ao longitudinal ruts permitted. The Gootechnical Engineer shall employ appropriate testing measw~es to assess the suitability of the svbgradc, including proof-rolling, and shall make appropriatc recommendations to the Consulting Enginat and Municipality. Whenever possible, bcalized soft arras in the subgrade shall be replaced with suitable native material, not granulaz material. Wizen additional granulars must be used, they should be considered on a str+cet by street basis. Subdrains must then be towered accordingly, and i 0:1 frost tapers must be provided. 3.OS Subdrains shall be installed only after the subgrade has been proof-rolled and the road structure has been finalized. Subdrains shall be installed true to line and grade, in a trench condition, and shall be backfilled with approved granular material having aggregates not exceeding 19rnm. All subdrains shall be supplied with a filter sock_ 3.46 The Geotechnical Engineer shall confirm (in a form acceptable to the Municipality) the acceptability of each stage of roadbuildu-g prior to subsequent stages commencing. Subsequent stages of road construction shall not proceed without approval from Municipal staff 3.07 After base curbs are installed, all Granular B must be regraded and verified by Municipal staff' prior to placing Granular A. (Any Granular A placed prior to base curbs shall be considered Granular B). 3.08 Granular material shall be tested in accordance with the latest O.P.S.S. specifications. Material shall be tested at the pit and also as it arrives on site. Material not conforming to the specifications shall be rejected and removed from site. 4.0 CONCRETE WORKS 4.01 Concrete to be supplied by M.T.O_ approved sources only. All concrete shalt be monitored and all applicable tests (compressive strength, slump, air entrainment, etc.) shall be carried out by the Geotechnica) Engineer as specified in accordance with the applicable OPSS and ASTM specifications. Any material not meeting specifications shall be rejected immediately_ 4.02 All concrete to be placed as per the Municipality's Standard Drawings. Contraction joints shall be in accordance with the Municipality's standard drawings and shall be completed as early as practical and before any initial cracking occurs. Large cracks or several INSPECTION, MATEl~'IAI,S' AND CONSTRUCTION-39 smaller cracks between contraction joints in ctafis will rogttire ranoval and nit of that section of etrrb. Sidewalks with distinct cracks wilt also r~oquire replacernertt. 4.03 Curing compound shall be geuet'otrsly applied to all of ambient t e~°~ catcrete ~~ ~~~ a~ or seasoq between 1 and 2 homy of futishing. 4.44 All curbs to be placed using approved curb utactuas, Excess conpde formed duriag curb machine placarxut slut! be promptly trimmed and removed prior to setting. The minimum lengdr of curb to be removed and r~eptaced shall be 1.5 m. No corrcr~cte patch repairs shall be permitted. 4.05 Prior to placement of top curb, base curb shall be cleaned and then ~ by Municipal staff: Banc curb and stirrups shall be repaired and/or replaced as directed. 4.06 The depth of top curb at the edge of pavement shall not be less than 100mm and shall be continually verified by the Consulting Engineer. 4.0? Immediately prior to the placement of top curb or sidewalk, 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 PAVE11tEtY'1' 5.01 All asphalt pavement materials shall be supplied by MTO approved sources, in accordance with OPSS 310, 1003 and 1150 (latest revisions thereof). MarshalUexiraction/density tests shall be carried out by the Geotechnical Engineer in accordance with OPSS and relating to the approved mix design. Note: Provincial and Municipal projects differ with respect to contract administration, paving project sizes, Quality ControUQuality Assurance procedures and testing frequencies. As such, several OPSS specifications are not appropriate for Municipal use and shall not apply, as determined in the sole discretion of the Director. Since current testing methods do not enableongoing monitoring (and therefore corrective action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure, through their own Quality Control methods, that their product meets 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. Ie. OPSS D310.08.04.02 which permits air voids beyond acceptable limits, provided the contractor takes `immediate corrective action' shall not apply. Unacceptable work shall be immediately removed. Financial compensation using MTO formulas (to offset service life reduction in borderline work) may be considered, at the sole discretion of the Director, provided such amount is calculated by the Consulting Engineer, and all parties are in agreement. INSPECTION, MATERIALSAND CONSTRUCTION-d0 i 5.02 Prior to placing surface asphalt, base asphalt shall be swept clean of all dirt, debris and dust. Areas of base asphalt shall be ranoved and sawcut at aU perimeterx The use of a Ceo-Grid oar ~ a v~~ directed b the M ~' equivalent tray also be Y tmicipality. Low areas shall be padded to ensure a surface mat of uniform thiclwess. 5.03 Each manhole is to be precisely raised to final grade, and verified by the Dcwelopcr's Consulting Fngittotx and Municipal staff. 5.04 Tack coat shall be applied just prior to surface paving operations sad shall be allowed to dry until it is in a proper condition of tackiness. The length of roadway prepared shalt be limited to the immediate paving section, to reduce tracking. It shall be evenly applied at the rate of 0.4 litr~es/sq. m taking care not to spray curbs, sidewalks or any other adjacrrtt surfaces. 5.05 Driveway paving shall be fully inspected and verified for depths of stone and asphalt, and the compaction thereof, and ensuring that asphalt is at a sufficient temperature for placement. HL3A (EtI,3F~ will not be permitted, except in special cases with the approval of the Director. Crowning or rounding of the limestone will not be permitted. Materials testing may be required for driveway apron gravel and asphalt, as directed. 6.0 TOPSOIL, SODDQYG AND SEEDQVG 6.01 All areas requiring sod shall fast be fine graded, inspected by the Consulting Engineer, then prepared with lOlhnm of good quality topsoil. Topsoil and sodding~shallmeet the requirements of OPSS 570 and 571, in addition to meeting any additional requirements set out in these specifications. Boulevards shall have 2% positive drainage toward the curb and shall be fully sodded, except in areas covered by driveway aprons or sidewalk_ 6.02 All topsoil shall be free from native till or clay, roots, vegetation, weeds or debris, stones and clods over SOmm in diameter. Imported topsoil, if required, shalt be fertile, loamy, screened material of a quality acceptable to the Director (containing approximately 4% organic matter for clay looms and 2% minimum organic matter for sandy looms with acidity range of 6.0 PH). Topsoil infested by the seeds of noxious weeds will not be acceptable. 6.03 All sod shall meet the requirements of Ontario Sod Grower's Association No. I Bluegrass Fescue Nursery sod_ The sod shall be taken Gom good loamy soil and shalt be healthy, well permeated with roots, have uniform texture and appearance and be free from weeds. Sod must be laid within (bitty-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 INSPECTION, MATERIA~AND CONSTRUCTION--41 drainage is maintained and a senooW transition is achieved On sl sod shall be sta3ced as r'e9~'ed, opes 3:1 and steeper, 6.04 Laid sod shall 6e immediately rolled to produce an even surface and w~ ' commence immodiately fta aad shall eoatinue oa a ~ shall are well establisLod and permanent. If sod fails to ~ffi' basis until lkalthy roots removed and roPlaced. No att t establish immediitelY, it shag be through continual west ~ shall be made to try to re-establish weak/dead sod entire work shall be ~' unless specific permit ~ granted by the Diroctor. The done in a thoroughly worlananlike manner with an even pmfessional in ~. qny ~ deemed uafit b ~~, aad removed from site and replaced. In this Y ~ Director shall be immediately to communicate with residents re g ~~' it is in the best interest of the contractor gardin the needs of newt laid sod over the first year. 6.05 Where approved by the Munici provided that it conforms to the Ontario Pr~ovincia~l Stautdard S ut fi naa~Y ~ ~ocmed ~ on No. 572. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-16 STANDARD DRAWINGS PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2009-16 STANDARD NO. DESCRIPTION C-311 Surface Pavement Joint Description OPSD 219.110 Light-Duty Silt Fence Barrier 219.211 Rock Flow Check Dam 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 SK-1 Temporary Detour Route -Culvert No 99506 SK-2 Temporary Detour Route -Culvert No 98517 SK-3 1400mm dia. Half Section, Nestable C.S.P -Item A2 BASE ~ PROPOSED PAVEMENT TO BE REMOVED 40mm HL3 ALL EDGES TO BE PAINiID WITH A BTfUMINOUS EMULSION SECTION A-A EXISTING PAVEMEKT EXISIINC PAVEMENT All dim~nslons an In millimstns unless othsrwis~ noted. M 'ci alit of Claris ton En ' eerin Services De artment ~~ ~vlsaN Na ~~ ~ agar, SURFACE PAVEMENT JOINT TREATMENT ~ zoo4 C - 31 1 TO BE REMOVED ~~ Area under construction ~~ Area under construction i \ ~~ Barrier main run End run End ~ wa ~wiv run c"`""^''*) ~f "" ^+ Wy tr,(' ~~I _~ ~ ~ E~u r~ti ~vy~ wiu a~lh Are una der protection .~~~....~~._ VV. WL PERSPECTIVE VIEW Direction of flow "~_ ~,7 Earth surface Area under protection SECTION ~ Direction of flow ~ t~ ~ erjo,\ (~ A eras v 2, 3m max, TYP ----~ r Moin run PLAN A Direction C~ of flow Geotextile c E 300mm min E of geotextile E in trench 0 0 ~ Trench to be backfilled and compacted 0 0 N I NOTE: SECTION A-A A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING LIGHT-DUTY SILT FENCE BARRIER I,~ ~~ WV /// -~~ Silt fence barrier Nov 2006 IRev -- -- OPSD 219.1 10 ^ ~^~ 4~t ~pillway at ~ ~ PLAN B SPILLWAY ~~ 300mm min 300mm min o,~ - i s~oa 150 0 i ~-- Spillway ?^ Geotextile 100 0 u~ SECTION A-A 150 0 Rock ---~ Spillway ~- Geotextile Direction~_~of flow S~'~L Trench to be backfilled and compacted ° 300mm min 0 N of geotextile in trench SECTION B-B NOTE: ~---~- 200 A All dimensions are in millimetres unless otherwise shown. 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I 1 - __ r O - D ~ z ~ r ~ o Do m ~ O = ~ ~ _ _ _ € ~ - - ~ /'~ z o _- - - m Z m -I ~ c O -- _ = ---~ I - - - -- -' ~ , y o m ~ ~ A - r _ -- ~ N z 3 I __. __... --- - ' c ~ _ pR H~ N A m ~ ~ ll ' 1 ~ ~ 1400mm~b - HALF SECTION NESTABLE C.S.P. ITEM A2 UNDER THIS ITEM AND FOR THE LUMP SUM BID, THE CONTRACTOR SHALL UDERTAKE THE FOLLOWING: REMOVE THE EXISTING SILT, STONE AND ANY OTHER DEBRIS, FROM THE CULVERT INTERIOR TO ALLOW FOR COMPLETION OF THE PROPOSED WORK. INSTALL 27 TOP SECTIONS (WITHOUT NOTCHES OR FLANGES) OF 1400mm~ CORRUGATED STEEL NESTABLE PIPE. EACH NESTABLE SECTION SHALL BE 600mm LONG AND HAVE A 1.6mm WALL THICKNESS AND BE PRE-PUNCHED BY THE SUPPLIER FOR THE INSERTION OF 18 - 9mm 'TEK' SCREWS. SHEETS SHALL BE INSTALLED AT ALTERNATE 600mm INTERVALS (600mm INTERVALS WITHOUT NESTABLE HALF-RINGS) EXISTING 1400mm CULVERT EXISTING CULVERT NESTABLE SHEET (TYP.) EXISTING CULVER INVERT 3 ROWS 9mm 'TL.. JVI\L 11J ®150mm O.C. BOTH WAYS STAGGER ROWS 0.075m ELEVATION-ONE SIDE OF NESTABLE SHEET (27 SHEETS) PROPOSED NESTABLE C.S.P. 1 /2 RING SNUG TO EXISTING PIPE 0.15m/ 3 ROWS 9mm 'TEK' SCREWS ~150mm O.C. BOTH WAYS STAGGER ROWS 0.075m SECTION 2009 STRUCTURE REHABILITATION (CULVERT REPLACEMENT) No. DATE BY ISSUES/REVISIONS VARIOUS LOCATIONS DRAWN BY: CHECKED BY: PROJECTNo.: CL2009 - 16 A. O'BRIEN R. ALBRIGHT 111574 DRAWING: DESIGNED BY: APPROVED BY: DRAWING No. 1400mmQ.~ -HALF SECTION A AEC NESTABLE C.S.P. S. STANLEY W.McCRAE ITEM A2 SCALE: DATE: S K_~ v NTS MAY 2009 a a rn 0 N a i 3 a of 0 N ALTERNATE 0.6m 0.6m 0.6m CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-16 OPS GENERAL CONDITIONS OF CONTRACT (November 2006) ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS ,`P~~p STq NQ9 2 ~ 0 0 P °~, G S V 'c~'0AL-PR~J~ GENERAL CONDITIONS OF CONTRACT (November 2006) Ontario Provincial Standards a P ~ for s Roads and Public Works METRIC OPSS.MUNI 100 November 2006 OPS GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0 -INTERPRETATION GC 1.01 Captions ........................_............................................._..........:...:.::.:................... .6 GC 1.02 Abbreviations ........................................_...........................:..::..:........................... . 6 GC 1.03 Gender and Singular References .........................................::'.:.....:.':................... . 6 GC 1.04 Definitions ...........................................................................::::.:...::.:..................... . 6 GC 1.05 Substantial Performance ..................................... ......::: ....:... .:.................... 11 GC 1.06 Completion ..............................._...............................:..........::.'.:........................ 11 GC 1.07 Final Acceptance ...................................................:............................................. 11 GC 1.08 Interpretation of Certain Words......... ........... ....:.:.: ..:......:....................... 11 SECTION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents ........................................................................ 12 GC 2.02 Order of Precedence ............................................................................................ 12 SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority ......: ................................................................ 14 GC 3.02 Working Drawings ...............................:....:..::....................................................... 15 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .............. 16 GC 3.04 Emergency Situations .......................................................................................... 16 GC 3.05 Layout ..............................................:................................................................... 16 GC 3.06 Extension of Contract Time .................................................................................. 16 GC 3.07 Delays .................................................................................................................. 17 GC 3.08 Assignment of Contract ........................................................................................ 17 GC 3.09 Subcontracting by the Contractor ........................................................................ 18 Page 1 Rev. Date: 11/2006 OPSS.MUNI 100 GC 3.10 Changes ...............................................................................................................18 GC 3.10.01 Changes in the Work ........................................................................................... 18 GC 3.10.02 Extra Work ........................................................................................................... 19 GC 3.10.03 Additional Work .................................................................................................... 19 GC 3.11 Notices ................................................................................................................. 19 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .................... 19 GC 3.13 Claims, Negotiations, Mediation .......................................................................... 20 GC 3.13.01 Continuance of the Work ..................................................................................... 20 GC 3.13.02 Record Keeping ................................................................................................... 20 GC 3.13.03 Claims Procedure ................................................................................................ 20 GC 3.13.04 Negotiations ......................................................................................................... 21 GC 3.13.05 Mediation .............................................................................................................. 21 GC 3.13.06 Payment ............................................................................................................... 21 GC 3.13.07 Rights of Both Parties .......................................................................................... 21 GC 3.14 Arbitration ............................................................................................................. 21 GC 3.14.01 Conditions for Arbitration ..................................................................................... 21 GC 3.14.02 Arbitration Procedure ........................................................................................... 22 GC 3.14.03 Appointment of Arbitrator ..................................................................................... 22 GC 3.14.04 Costs .................................................................................................................... 22 GC 3.14.05 The Decision ........................................................................................................ 23 GC 3.15 Archaeological Finds ............................................................................................ 23 SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area ....................................................................................................... 24 GC 4.02 Approvals and Permits .........................................................................................24 GC 4.03 Management and Disposition of Materials ........................................................... 24 GC 4.04 Construction Affecting Railway Property ............................................................. 25 GC 4.05 Default by the Contractor ..................................................................................... 25 GC 4.06 Contractor's Right to Correct a Default ................................................................ 25 Page 2 Rev. Date: 11!2006 OPSS.MUNI 100 GC 4.07 Owner's Right to Correct a Default......_ .......................:. .............:....................... 26 GC 4.08 Termination of Contractor's Right to Continue the Work ..::..:::.:..: ....................... 26 GC 4.09 Final Payment to Contractor..........._..........._ ................: ...::.:.::.:......................... 26 GC 4.10 Termination of the Contract ....._ ..................................... ......:::.:.....:.................... 26 GC 4.11 Continuation of Contractor's Obligations ........................ .......:............................. 27 GC 4.12 Use of Performance Bond ...........................................__ :..:.:............................... 27 GC 4.13 Payment Adjustment...._ ................_........................:.....: .:...................................27 SECTION GC 5.0 -MATERIAL GC 5.01 Supply of Material ........................................................:.:°::.:.'::..:......................... 28 GC 5.02 Quality of Material .....................................................:::.:.'..:...::.:..:........................28 GC 5.03 Rejected Material .................................._..................".'..::.:..:.::.:.:.........................28 GC 5.04 Substitutions ..............................................................::::.::::'.::..::........................... 29 GC 5.05 Owner Supplied Material........_ .......................__.........:,....:.....::.......................... 29 GC 5.05.01 Ordering of Excess Malerial .......................................`..'.:'..:...::..:........................... 29 GC 5.05.02 Care of Material....__..... ............................ ....:::.:..:::::.............................. 29 SECTION GC 6.0 -IN SURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons, and Property ....................................................::.. 31 GC 6.02 Indemnification ............................................::....:...:.:............................................ 31 GC 6.03 Contractor's Insurance ......................................................................................... 32 GC 6.03.01 General .............................................:.::............................................................... 32 GC 6.03.02 General Liability Insurance ..........:.` .:.................................................................... 32 GC 6.03.03 Automobile Liability Insurance ....:........................................................................ 33 GC 6.03.04 Aircraft and Watercraft Liability Insurance ........................................................... 33 GC 6.03.04.01 Aircraft Liability 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 GC 6.04 Bonding ................................................................................................................ 35 GC 6.05 Workplace Safety and Insurance Board .............................................................. 36 SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General ....................................:............................•---........................................... ..37 GC 7.02 Layout .................................................................................................................. ..39 GC 7.03 Working Area ....................................................................................................... ..39 GC 7.04 Damage by Vehicles or Other Equipment ........................................................... ..40 GC 7.05 Excess Loading of Motor Vehicles ....................................................................... ..40 GC 7.06 Condition of the Working Area ............................................................................. ..40 GC 7.07 Maintaining Roadways and Detours .................................................................... ..40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services ..... ..41 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 GC 7.13 Obstructions ......................................................................................................... ..43 GC 7.14 Limitations of Operations ..................................................................................... ..43 GC 7.15 Cleaning Up Before Acceptance .......................................................................... ..43 GC 7.16 Warranty .......................................................................................,....................... ..43 GC 7.17 Contractor's Workers ........................................................................................... ..44 GC 7.18 Drainage ............................................................................................................... ..44 SECTION GC 8.0 -MEASUREMENT AND PAYMENT GC 8.01 Measurement .......................................................................................................45 GC 8.01.01 Quantities .............................................................................................................45 GC 8.01.02 Variations in Tender Quantities ............................................................................ 45 Page 4 Rev. Date: 11/2006 OPSS.MUNI 100 GC 8.02 Payment ...................................._........._.......................:.::.:...:.:.......................... 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 Progress Payment Certificate ...._....._ .............._................:..:....:...:.................... 47 GC 8.02.03.02 Certification of Subcontract Completion ..............................::::.:.::::.::................. 47 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .: .................. 47 GC 8.02.03.04 Certification of Substantial Performance ._ ......................:....::::.:.'.::.:................... 48 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates ........................:...:..:::.:........................ 48 GC 8.02.03.06 Certification of Completion ..............................................::`..:::::........................... 49 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates ........................................................:::...::............................ 49 GC 8.02.03.08 Interest ......................................................._............_..........::::.::......................... 50 GC 8.02.03.09 Interest for Late Payment........._ .....................................:..::'.........:...................... 50 GC 8.02.03.10 Interest for Negotiations and Claims ...........................:.::.::...::....:........................ 51 GC 8.02.03.11 Owner's Set-Off ..............................................._............::.::::................................ 51 GC 8.02.03.12 Delay in Payment ......................................................:....:.:..:..:.:........................... 51 GC 8.02.04 Payment on a Time and Material Basis......_ ...........:...::.::.....:............................. 51 GC 8.02.04.01 Definitions ............._........................._............._....:...::.:....................................... 51 GC 8.02.04.02 Daily Work 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 8.02.04.06.01 Working Time .........................................._._.......:::::::.......:.:.........:..:................... 53 GC 8.02.04.06.02 Standby Time .............._._........._.............._..:....:.::.............................................. 53 GC 8.02.04.07 Payment for Hand Tools ........................ .......:: .....::.. ............................_..... 54 GC 8.02.04.08 Payment for Work by Subcontractors ...........:...:::..:............................................. 54 GC 8.02.04.09 Submission of Invoices ..................... .... ......::: ._:..:.:. .......:............. ......:... 54 GC 8.02.04.10 Payment Other Than on a Time and Material Basis.....: .:.................................... 55 GC 8.02.04.11 Payment Inclusions ................................. .....::.: .....::....:..................... .....:'.... 55 GC 8.02.05 Final Acceptance Certificate ...............................:.:......:....................................... 55 GC 8.02.06 Payment of Workers .........................:.........:....................................................... 55 GC 8.02.07 Records .............................................:::..,.:........................................................... 55 GC 8.02.08 Taxes ................................................:...::.............................................................56 GC 8.02.09 Liquidated Damages ..........................:.................................................................56 Page 5 Rev. Date: 11/2006 OPSS.MUNI 100 SECTION GC 1.0 -INTERPRETATION GC 1.01 Captions 01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit, or enlarge the scope or- meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations 01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "ACI" - American Concrete Institute "ANSI" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association "CCIL" - Canadian Council of Independent Laboratories "CESA" - Canadian Engineering Standards Association "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "G C" - General Conditions "ISO" - International Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Control Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification "OTM" - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SCC" - Standards Council of Canada "SSPC" - Structural Steel Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the ContrackDocuments shall be considered to include the feminine and the plural and vice versa, as the context requires. GC 1.04 Definitions .01 For the purposes of this Contract the following definitions apply: Actual Measurement means the field measurement of that quantity within .the approved limits of the Work. Addendum means an addition or change in the tender documents issued by the Owner prior to tender closing. Page 6 Rev. Date: 11/2006 OPSS.MUNI 100 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 contingencies, a Change in the Work, Extra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupations! Health and Safety Act, R.S.O. 1990, c.0.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract means the undertaking by the Owner and the Contractor to 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: 11/2006 OPSS.MUNI 100 Contractor means the person, partnership, or corporation undertaking the Work as identified in the Agreement. Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work. Cost Plus has the same meaning as "Time and Material." Cut-Off Date means the date up to which payment shall be made for work performed, Daily Work Records mean daily Records detailing the 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 Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result Specification means specifications that require the Contractor to be responsible for supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specification. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context Extra Work means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential 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 final dollar amounts of all items of work 'completed under the Contract, including variations in tender items and Extra Work, all as set out in the .same general form as the monthly estimates. Force Account has the same meaning as "Time and Material." Geotechnical Report means a report or other information identifying soil, rock, and ground water conditions in the area of any proposed Work. Grade means the required elevation of that part of the Work. Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of that is intended for or used by the general public for the passage of vehicles and includes the area between the lateral 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. Page 8 Rev. Date: 1112006 OPSS.MUNI 100 Lump Sum Item means a tender item indicating a portion of the Work for which payment will be made at a single tendered price. Payment is not based on a measured quantity, although a quantity may be given in the Contract Documents. Major Item means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser of, a) $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: 11/2006 OPSS.MUNI 100 Subcontractor means a person, partnership or corporation undertaking the execution of a .part of the Work by virtue of an agreement with the Contractor. Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement structure, consisting of Base, Subbase, 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 from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material means costs calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus" and "Force Account" are used they shall have the same meaning. Utility means an aboveground or underground facility maintained by a municipality, public utility authority or regulated authority and includes services such as sanitary sewer, storm sewer, water,`electric, gas, oil, steam, data transmission, telephone, and cable television. Warranty Period means the period of 12 months from the date of Substantial Performance or such longer period as may be specified in the Contract Documents for certain Materials 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 lands 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 bay 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, any breach of the Contract by the Owner or if such prevention is due to the Owner, another contractor hired by the Owner, or an employee of any one of them, or by anyone else acting on behalf of the Owner. non-delivery of Owner supplied Materials. any cause beyond the reasonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator. Page 10 Rev. Date: 11/2006 OPSS.MUNI 100 Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework, and shoring plans; Roadway protection plans; shop drawings; shop plans; or erection diagrams. GC 1.05 Substantial Performance .01 The Work is substantially performed, a) when the Work to be performed under the Contract or a substantial part thereof is ready for use or is being used for the purpose intended; and b) when the Work to be performed under the Contract is capable of completion or, where there is a known defect, the cost of correction, is not more than i. 3% of the first $500,000 of the Contract price, ii. 2% of the next $500,000 of the Contract price, and iii. 1 % of the balance of the Contract price. 02 ~ For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. GC 1.06 Completion 01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect, or last supply is not more than the lesser of, a) 1 % of the Contract price; or b) $1,000. GC 1.07 Final Acceptance .01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged all of the Contractor's obligations under the Contract. GC 1.08 Interpretation of Certain Words 01 The words "acceptable," "approval," "authorized," "considered necessary," "directed," "required," "satisfactory," or words of like import, shall mean approval of, directed, required, considered necessary, or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates otherwise. Page 11 Rev. Date: 11!2006 OPSS.MUNI 100 SECTION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents 01 The Owner warrants that the information furnished in the Contract Documents can. be relied upon with the following limitations or exceptions: a) The location of all mainline underground Utilities that may affect the Work shall be .shown to a tolerance of: i_ 1 m horizontal, and ii. 0.3 m vertical 02 The Owner does not warrantor make any representation with respect to: a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Contractor, whether or not such report is included as part of the .Contract Documents, and b) other information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In the event of any inconsistency or confict in the contents of he 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 Conditions j) General Conditions k) Working Drawings Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same drawing; b) Drawings of larger scale shall govern over those of smaller scale; Page 12 Rev. Date: 11/2006 OPSS.MUNI 100 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 shall govern: a} Owner's Standard Specifications b) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincial Standard Specifications 04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Page 13 Rev. Date: 11/2006 OPSS.MUNI 100 SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority .01 The Contract Administrator shall be the Owner's representative during construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate, whichever is later. All instructions to 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 unit prices or to make an assessment of the value of the work completed in the case of a lump sum price Contract. 04 The Contract Administrator shall determine the amounts owing to the Contractor. under the Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. 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 shall investigate all allegations of a Change in the :Work made by the Contractor and issue appropriate instructions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's approval .08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both. .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to he Contract. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and, in making these decisions, the Contract Administrator shall .not show, partiality to either party. 10 The Contract Administrator shall have the authority to reject part of :the .Work. or Material that does not conform to the Contract Documents. 11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of poor workmanship; the use of defective material; or damage through carelessness or other act or omission of .the .Contractor and whether or not incorporated in the Work; or otherwise fails to conformto `the Contract Documents, then the Contractor shall if directed by the Contract Administrator. promptly remove the .Work and replace, make good, or re-execute the Work at no additional cost to the Owner. .12 Any part of the Work destroyed or damaged by such removals, replacements, or re-executions shall be made good, promptly, at no additional cost to the Owner. Page 14 Rev. Date: 11!2006 OPSS.MUNI 100 13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount that will be determined in the first instance by the Contract Administrator. 14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. 15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy non-compliance in the case of such non-compliance with the provisions of the Contract by the Contractor. The Contractor shall not be entitled to any compensation for suspension of the Work in these _ circumstances. 16 The Owner has the right to terminate the Contract for wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. 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 return to the Working Area without the prior written consent of the Contract Administrator. GC 3.02 Working Drawings 01 The Contractor shall arrange for the preparation of 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 Working Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. Page 15 Rev. Date: 11/2006 OPSS.MUNI 100 05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may require to make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted." 07 The Contractor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the method, Equpment,'or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment .02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Situations 01 The Contract Administrator has the right to determine the existence of an emergency situation and, when such an emergency situation is deemed to exist, the Contract Administrator. may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely .action or, if the Contractor is not available, the Contract Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial vvork 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 .information 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 Extension of Contract Time 01 An application for an extension of Contract Time shall be made in .writing by the Contractor to the Contract Administrator as soon as the need for such extension :becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. .02 Circumstances suitable for consideration of an extension of Contract Time include the following: a) Delays, subsection GC 3.07. b) Changes in the Work, clause GC 3.10.01. c} Extra Work, clause GC 3.10.02. Page 16 Rev. Date: 11/2006 OPSS.MUNI 100 d) Additional Work, clause GC 3.10.03. .03 The Contract Administrator shall, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. .04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The terms and conditions of the Contract shall continue for such extension of Contract Time. GC 3.07 Delays .01 If the Contractor is delayed in the performance of the Work by, a) war, blockades, and civil commotions, errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or f) archaeological finds in accordance with subsection GC 3.15, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor 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 Assignment of Contract 01 The Contractor shall not assign the Contract, either in whole or in part, without the prior written consent of the Owner. Page 17 Rev. Date: 11/2006 OPSS.MUNI 100 GC 3.09 Subcontracting 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 the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part. of the Work, and the Subcontractor with whom it is intended. 03 The Contract Administrator shall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall include the. reasons for the rejection. 04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with this subsection. 05 The Contractor shall 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 with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and .omissions of persons directly employed by the Contractor. 06 The Owner's consent to subcontracting by the Contractor shall not;be .construed to relieve the 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 without invalidating the Contract. The Contractor hall not. be required to proceed with a Change in the Work until in receipt of a Change Order or Change Directive. Upon the receipt of such Change Order or Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply 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 does not solely relate to quantities, then either the Owner or the Contractor may initiate negotiations upwards or downwards for the adjustment of the Contract price in respect of the Change in the Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. Page 18 Rev. Date: 11/2006 OPSS.MUNI 100 ~i GC 3.10.02 Extra Work .Ot The Owner, ocContract Administrat r where so authorized, may instruct the Contractor to perform Extra Work without ihvalidating the ontract. The Contrador shall noEbe required to proceed with the Extra Work until in receipt of a C nge Order or Change Directive. Upon receipt of such Change Order or Change Directive the Con for shall proceed with the Extra Work. .02 The Contractor may apply for an ex~nsion of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time .03 Either the Owner or Contractor may +nitiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in douse GC 8.02.04, Payment on a Time and Matedal Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Administra~ where so authored, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contredor agrees to perform Additional Work, the Contractor shall proceed ith such Additional Wdrk upon receipfof a Change Order. .02 The Contractor may apply for an e~tension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Timq. .03 Payment for the Additional Wait ~y be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or paymen may be made according to the conditions contained in clause GC 6.02.04, Payment on a Time an Material Basis. GC 3.11 Notices .Ot Any notice permitted or required to given to the Contract Administrator or the Superintendent in reseed of the Work shall be deem to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimile transmission and on the fifth Day after the date of mailing, if sent by mail .02 The Contractor and the Owner ceY phone, amd telephone num and the Superintendent at the c .03 In Ote event of an emergency siti Superintendent may give a verbal 2 Days .04 Fury notice permitted or required t~ be given to the Owner or the Contractor shall be given in accordance with the notice provis of the Contract. provide each other with the mail and email addresses; pager, and facsimile terminal numbers for the Contract Administrator ncement of the Work, and update as necessary. or other urgent matter the Contract Administrator or the :, provided that such notice is confirmed in writing within ~a GC 3.12 Use and Occup ncy of the Work Prior to Substantial Performance .01 Where it is not contemplated else Ore Work or any part thereof prior t re in the Contract Documents, the Owner may use or occupy .Substantial Performance, provided that at (east 30 Days written notice has been given to the Con tor. 02 The use or occupancy of the Work any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptan of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not re ieve the Contractor or the Contractor's Surety from any liability Oral has arisen, or may arise, fro the performance of the Work in accordance with the Contract Page t9 Rev. Date: 11f2006 OPSS.MUNI 100 _. Documents. The Owner shall be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.13 Claims, Negotiations, Mediation GC 3.13.01 Continuance of the Work .01 Unless the Contract has been terminated a completed, the Contractor shall in every case, after serving a receiving any notification of a daim or dispute, verbal a written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any daim it may have. GG 3.13.02 Record Keeping .Ot Immediately upon commendng work that may result in a daim, the Contractor shah keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's Gaim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's daim, all in accordance with clause GC 8.02.07, 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 daim, when submitted. If the Contractor and the Contract Administrator fail to recxmdle their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its daim, whereby the resolution of the dispute about the Daily Work Records shall not be resdved until there is a resolution of the claim. 03 The keeping of Daily Work Records by the Contract Administrator or the recondlirtg of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure 01 The Contractor steal! give verbal notice of any situation that may lead to a daim 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 detailed daims as soon as reasonabty possible and in any event no later than 30 Days after completlon of the work affected by the situation. The detailed daim shall: a} identify the item a items in respect of which the daim arises; b) state the grounds, contractual or otherwise, upon which the daim is made; and ' c} include the Records maintained by the Contractor supporting such daim. In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in ,o writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrate considers necessary to assess the daim. The Contractor shall submit the requested information within 30 Days of receipt of such request Page 20 Rev. Dale: 11!1006 OPSS.MUNI 100 v .05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. GC 3.13.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.13.03.05, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04, Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC 3.13.05, Mediation, or subsection GC 3.14, Arbitration. GC 3.13.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, anon-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 the other party. 0 Page 21 Rev. Date: 11/2006 OPSS.MUNI 100 02 Notification that arbitration shall be implemented to resolve the issue shall .be communicated in writing as soon as possible and no later than 60 Days following the, opinion given in paragraph GC 3.13.03.05. Where the use of a third party mediator was implemented, notification shall be within 120 Days of the opinion given in paragraph GC 3.13.03.05. 03 The parties shall be bound by the decision of the arbitrator 04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.14, Arbitration. 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 respect of the matters under arbitration shall be stayed pending arbitration; b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and c) Before proceeding with 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 mutually agreed upon by the Owner and Contractorto 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 the notice of arbitration. 03 The appointees shall mutually agree upon an arbitrator to adjudicate. the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc., which may select an arbitrator to adjudicate the .dispute within 7 Days of being requested to do so, .04 The arbitrator shall not be interested 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 by the rules of evidence that govern the trial of cases in court but may hear and consider any evidence that 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 independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. Page 22 Rev. Date: 11/2006 OPSS.MUNI 100 .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.14.05 The Decision .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the 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: 11/2006 OPSS.MUNI 100 SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS: GC 4.01 Working Area 01 The Owner shall acquire all property rights that are deemed necessary by .the Owner for the construction of the Work, including temporary working easements, and shall indicate 'the full extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of .the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits .01 The Owner shall pay for all plumbing 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 the Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposition. .02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended, the Owner advises that, a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; c) the following hazardous materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, and Portland cement; and d) exposure to these substances 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 in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. 05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material not identified in the Contract Documents, `or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. Page 24 Rev. Date: 11/2006 OPSS.MUNI 100 .06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property 01 The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings; or otherwise, on which construction operations are to take place in accordance with the terms of this Contract. 03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid a possibility of damaging any railway property in the vicinity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and Equipment, as well as railway property throughout the duration of the Contract. GC 4.05 Default by the Contractor .01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor's 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 Contractor's insolvency or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. GC 4.06 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken. 02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. Page 25 Rev. Date: 11/2006 OPSS.MUNI 100 GC 4.07 Owner's Right to Correct Default 01 If the Contractor fails to correct the default within the time specified irk 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 thereafterdue to the Contractor. GC 4.08 Termination 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 Working Area or that portion of the Working Area devoted to that part of the Work terminated; b) use the Equipment of the Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the whole subject to the right of third. parties; c) withhold further payments to the Contractor with respect to the .Work or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of.completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such .additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by .the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.16, Warranty; f) charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge the Contractor the amount by which the cost of corrections to the Work under subsection GC 7.16, Warranty, exceeds the allowance provided for such corrections. GC 4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than the 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 Termination of the Contract 01 Where the Contractor is in default of the Contract 4he Owner-may, without prejudice to any .other right or remedy the Owner may have, terminate the .Contract by giving written notice of termination to the Contractor, the Surety, and any 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 shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. Page 27 Rev. Date: 11/2006 OPSS.MUNI 100 SECTION GC 5.0 -MATERIAL GC 5.01 Supply of 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 full compensation for the supply of such Material GC 5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. .03 As specified in the Contract Documents or as requested by the Contract Administrator, the Contractor shall make available, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for the Contract Administrator the right to enter onto,the premises of the Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. .05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator 'to .perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and .testing before the. scheduled shipping date. .07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator. 08 Material that is not specified shall be of a quality best suited to the. purpose required, and the use of such Material shall be subject to the approval of the Contract Administrator. - .09 All Material inspection, sampling, and testing shall be carried out on random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Materials to be used in the Work based upon the random method shall not relieve the Contractor from the responsibility of incorporating !Material that conforms to the Contract Documents into the Work or properly perfiorming the `.Contract and of any .liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Rejected Material .01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of, in what the Contract Administrator considers to be the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. Page 28 Rev. Date: 1112006 OPSS.MUNI 100 GC 5.04 Substitutions 01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of the Tender, 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 shalt 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 supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other 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 of the Contractor when they are no longer required for #heir original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents. 06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. 07 Where Material supplied by the Owner is ordered and stockpiled prior to the award. of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and Sake charge of the Material at the stockpile site. Where damage or deficiencies are not 'so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and order when the Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 30 Rev. Date: 11/2006 OPSS.MUNI 100 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 Contractor is responsible for the full cost of any necessary temporary protective work or works and .the restoration of alt damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. 03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incident, or as soon as possible. 04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil 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 harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible 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 indemnify and hold harmless the Owner from all and .every claim .for damages, royalties or fees for the infringement of any patented invention or copyright.: occasioned by the Contractor in connection with the Work performed or Material furnished by,the Contractor under the Contract. .03 The Owner expressly waives the right to indemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. 04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, .costs, .damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract;that are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. 05 The Contractor expressly waives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. 02 The Contractor shall provide the Contract Administrator with an original Certificate of Insurance for each type of insurance coverage that is required by the Contract Documents. The Contractor shall ensure that the Contract Administrator is, at all times in receipt of a valid;Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contract Documents. The Contractor will not be permitted to commence work until the Contract Administrator is in receipt of such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator with .original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance i 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 loss 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 equal to or better than that required in IBC Form 2100 may be used, provided all the requirements listed in the Contract are .included. Approval of this insurance shall be conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. 03 The Contractor shalt 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), shall not be binding on the Owner. Page 32 Rev. Date: 11/2006 OPSS.MUNI 100 05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. 06 The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change or amendment restricting coverage. 07 "Claims Made" insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance 01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five million dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms endorsed to provide the Owner with not less than 30 Days written notice in advance of any cancellation, change, or amendment restricting coverage: a) standard non-owned automobile policy including standard contractual liability endorsement, and b) standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.04.01 Aircraft Liability Insurance .01 Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than five million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance 01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars .inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the full value, as may be stated in the Contract Documents, of Material that is specified to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. Page 33 Rev. Date: 11/2006 OPSS.MUNI 100 GC 6.03.05.02 Boiler Insurance 01 Boiler 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 operation of the property insured until 10 Days after the .date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .01 Should the Owner wish to use or occupy part 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 notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler ins~~rartce,'which shall be at the Owner's expense. If because of such use or occupancy the Contractor _is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such 'use or occupancy shall provide, maintain, and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor. with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. 02 The policies shall provide that, in the event of a loss or damage, .payment shall be made to the Owner and the Contractor as their respective interests may appear.' The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage 'is determined, the Contractor shall proceed to restore the Work. Loss or damage,'shall not affect the rights and obligations of either party under the Contract, except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide in consultation with the Contractor. GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds, `and. in accordance with the requirements of Section GC 8.0, Measurement and Payment. ' In addition,'the Contractor 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 the Contractor the cost of .restoring the Work as the restoration of the Work proceeds and in accordance with the requirements. of Section GC 8.0, Measurement and Payment. Page 34 Rev. Date: 1112006 OPSS.MUNI 100 GC 6.03.06 Contractor's Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the 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, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a format 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 GC 6.05 Workplace Safety and Insurance Board 01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance indicating the Contractor's good standing with the Workplace Safety and ;Insurance ..Board,. as follows: a) Immediately prior to the Contract Administrator authorizing the Contractor to commence Work. b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. d) At any other time when requested by the Contract Administrator. Page 36 Rev. Date: 11/2006 OPSS.MUNI 100 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 labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. .05 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .06 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. 07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended, (the "Act") and Ontario Regulation 213/91, as amended, (that regulates Construction Projects) and any other regulations as amended under the Act (the "Regulations") that may affect the performance of the Work, as the "Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure that: a) worker safety is given first priority in planning, pricing, and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most current version of the Act and the Regulations are available 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: 11/2006 OPSS.MUNI 100 f) all Subcontractors and their workers are properly protected from injury while they are at the Work Area. 08 The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting and shall respond promptly to requests from he Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner. harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. 09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials .Information System or WHMIS, which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator in writing of changes in the products to be used and provide relevant Material Safety Data Sheets. 10 The Contractor shall have an authorized representative on the site while any Work is being performed, to supervise the Work and act for or on the Contractor's behalf. Arior to commencement of construction, the Contractor shall notify the Contract Administrator of the names; addresses; positions; and cell phone, pager, and telephone numbers of the Contractor's.. representatives who can be contacted at any time to deal with matters relating to the Contract, and update as necessary. 11 The Contractor shall designate a person to be responsible for traffic control and .work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of construction, the Contractor shall notify the Contract Administrator of the name; 'address; position; cell phone, pager, and telephone numbers of the designated person, and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Working Area at all times. 12 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities, and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. 13 The Contractor shall prepare and update, as required,: a construction schedule of operations, indicating the proposed methods of construction and sequence of work and the time the Contractor proposes to complete the various items of work within the time specified in the Contract Documents. The schedule shall be submitted to the Contract Administrator within 14'Days from the Contract award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an updated construction schedule, if requested by the Contract Administrator, within 7 Days of the request. This updated schedule shall show how the Contractor proposes to perform the balance of the Work, so as to complete the Work within the time specified in the Contract Documents. 14 Where the Contractor finds any error, inconsistency, or, omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator`and shall not proceed with the activity affected until receiving direction from the Contract Administrator. 15 The Contractor shalt promptly notify the Contract Administrator in writing if the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. Page 38 Rev. Date: 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 Contractor's operations shall be replaced under the supervision of an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. .04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 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 Contractor's expense. .08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor's expense. GC 7.03 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine the construction operations to the 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: 11/2006 OPSS.MUNI 100 .03 The Contractor shall not enter upon or occupy any private property for any ;purpose, unless the Contractor has received prior 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 he'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 designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.06 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris and prevent dust nuisance, mud, and ponding water, other than that caused by 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 for providing and maintaining for the duration of the `Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construction. .03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane 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 commenced operations or during .seasonal shut down or on any part of the Contract that has been accepted in accordance with :these General Conditions. The Contractor shall not be required to apply de-icing chemicals or abrasives,or carry out snowplowing. .05 Where localized and separated sections of the Highway are affected by the Contractors operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the .Highway affected by the Contractor's general operations under the Contract. .06 Where the Contract Documents provide for or he Contract Administrator requires detours at specific locations, payment for the construction of the detours and, if required, for the subsequent removal of the detours, shall be made at the Contract prices appropriate to such work. Page 40 Rev. Date: 11/2006 OPSS.MUNI 100 07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the 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. .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves, and all other Utilities located in the Working Area. .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.09 Approvals and Permits 01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.09.01. Page 41 Rev. Date: 11/2006 OPSS.MUNI 100 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 Administratorso directs in writing. Deiays, in these circumstances, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract .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 he 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 #he;result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. .03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or c) the Owner violates the requirements 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 receipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. 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 by the Contractor .01 Before work is carried out that may affect the property or operations of any Ministry or agency of government or any person; company; partnership; or corporation, .including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the, Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so .affected. .02 In the case of damage to or interference with any Utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such damage or interference. Page 42 Rev. Date: 11/2006 OPSS.MUNI 100 GC 7.13 Obstructions 01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage, or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man-made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. 03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in 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, 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 clean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, 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 shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work that appear, a} prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, Page 43 Rev. Date: 11/2006 OPSS.MUNI 100 b) where the work is completed after the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or d) such longer periods as may be specified in the Contract Documents for certain Materials or some of the Work. The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.16.02. GC 7.17 Contractor's Workers .01 The Contractor shall only employ orderly, competent, and skillful workers o do :the Work and whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shall be removed from the 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 properly and efficiently drained, to at least the same degree as that of the existing drainage conditions. Page 44 Rev. Date: 11/2006 OPSS.MUNI 100 SECTION GC 8.0 -MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities .01 The Contract Administrator shall make an Estimate once a month, in writing, of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut-Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of Work completed. .03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items 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 parry 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 underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs 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 Completion Payment Certificate. Page 45 Rev. Date: 11/2006 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 labour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not specifically 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 Contractor and according to the following terms and conditions: ' a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and the Contractor shall, in advance of receipt of the shipment of the Matorial, 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, BI, BII, BIII, M, and O shall be assessed at he .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 Sources Payment for separated coarse and fine aggregates shah be considered at the above rate when such materials are stockpiled at a commercial source. where further processing is to be carried out before incorporating such materials into a final product. `-Advance payments for other materials located at a commercial source shall not be made. c) Payment for all other materials, unless otherwise specified elsewhere in the Contract Documents, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator 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 noYexceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance .payment shall be placed in the designated storage location immediately upon receipt bf he 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 due completion of the Work. The:Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use, or destruction of the material however caused. 02 Where the Owner makes advance payments subject. o 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 when the material meets the requirements of the appropriate specification. Page 46 Rev. Date: 11!2006 OPSS.MUNI 100 GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progress Payment Certificate shall show, a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Material; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of GST, as applicable; and f) the amount due to the Contractor. .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 subcontract. .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. 03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on which the subcontract was completed and, within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01 Following receipt of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator: a) a document satisfactory to the Contract Administrator that shall release the Owner from all 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: 11/2006 OPSS.MUNI 100 c) a satisfactory clearance certificate or letter from the Workplace Safety ,and insurance Board relating to the subcontract; and d} a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. - .02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the Contract Administrator specifically requests it. 03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract. .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities. GC 8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has been substantially performed, the Contract Administrator shall .issue a Certificate of Substantial Performance. .02 Upon verifying that the Contract has been substantially performed, the Contract Administrator shall issue a certificate of Substantial Performance and shall set out in the ..Certificate of Substantial Performance the date on which the Contract was substantially performed and, within 7 Days after signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. 03 Upon receipt of a copy of the 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 shat! include placement in the Daily Commercial News. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed, by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .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 Holdback Release Payment Certificates, haU commence from the ,date of publication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory Holdback 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 Holdback Release Payment Certificate or where appropriate, a combined payment certificate. 02 The Substantial Performance Payment Certificate shall show,. a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing focarty previous releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; Paye 48 Rev. Date: 11!2006 OPSS.MUNI 100 d) the amount of maintenance security required; and e) the amount due the Contractor. 03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the payment certificate. 04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Acf and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13, Claims, Negotiations, Mediation; b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certification of Completion .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue 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: Page 49 Rev. Date: 11/2006 OPSS.MUNI 100 a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated. exceptions. where appropriate; b) a statutory declaration in a form satisfactory to the Contract Administrator .that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest .01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest. GC 8.02.03.09 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 Certificates: 30 Days after the Cut-Off Date; b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days after the date of issuance of the certificate; e) Substantial Performance Statutory Holdback Release Payment .Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on which the Contract reached Completion; and g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as the date that the Work was completed. 02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prior to expiration of the time periods described in_paragraph GC 8.02.03.09.01, interest shall only begin to accrue when the Contractor has completed those requirements. Page 50 Rev. Date: 11/2006 OPSS.MUNI 100 GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits or procedure or both described by subsection GC 3.13, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest shall not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set-Off .01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities, including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions .01 For the purpose of clause GC 8.02.04 the following definitions apply: Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision but shall not include any payment or costs incurred for general supervision, administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 51 Rev. Date: 11/2006 OPSS.MUNI 100 Payroll Burden means the payments in respect of workplace insurance, vacation 'pay, employment insurance, public liability and property darrrage insurance, sickness and accident insurance, pension fund, and such other welfare and benefit payments forming part of the Contractor's nom~al labour costs. Rented Equipment means equipment that is rented or leased for the special purpose of Work on e Time and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word "associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking lots and includes all work incidentals thereto other than `work on structures. Sewer and Watermain Work means the preparation, construction, finishing, ,and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time means any period of time that is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule. of Rental Rates for Construction Equipment, Including Model and Specification Reference, that is current at the time the work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner, using the same principles as used in determining The 127 Rates. Work on a Time and Material Basis means Changes in the Work, Extra :Work, and Additional Work approved by the Contract Administrator for payment on a Time and Material .basis. -The Work on a Time and Material Basis shall be subject to all the terms, conditions, Standard 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 and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise:proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition. GC 8.02.04.02 Daily Work Records .01 Daily Work Records, prepared as the case may be by either the Contractor's representative or the Contract Administrator reporting the labour and Equipment employed and the Material used on each Time and Material project, should be reconciled and signed each Day by both the Contractor's representative and the Contract Administrator. If it is .not .:possible to reconcile the Daily Work Records, then the Contractor shall submit the un-reconciled Daily Work: Records with its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim. Page 52 Rev. Date: 11/2006 OPSS.MUNI 100 GC 8.02.04.03 Payment for Work 01 Payment as herein provided shall be full compensation for all labour, Equipment, and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. GC 8.02.04.04 Payment for Labour .01 The Owner shall pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3,000, then at 120% of any portion of the Cost of Labour in excess of $3,000. .02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Burden. .03 At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Time and Material work on the Contract. GC 8.02.04.05 Payment for Material .01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of $3,000. GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 -payment $10,000 plus 90% of the portion in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of the portion in excess of $20,000. .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. .03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and Material Basis. GC 8.02.04.06.02 Standby Time .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by Page 53 Rev. Date: 11/2006 OPSS.MUNI 100 the Contract Administrator. This shalt include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. 02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on Time and Material 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 on a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools 01 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools or equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors .01 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be performed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis a) 20% of the first $3,000; plus b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excess of $10,000. .02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to others. If work is assigned or sublet to an associate, as defined. by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates not already submitted to the Contract Administrator during the course of such work. .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of Accounts on a Time and Material Basis."..Each summary shall include the Change Directive or Change Order number and covering dates of the work and shall itemize separately the labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary. Paye 54 Rev. Date: 11/2006 OPSS.MUNI 100 03 Each month the Contract Administrator shall include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time and Material Basis .01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. GC 8.02.04.11 Payment Inclusions 01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the work, including all cost of general supervision, administration, and management time spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor or 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 0'1 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 Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required, whenever requested by the Owner. Page 55 Rev. Date: 11/2006 OPSS.MUNI 100 GC 8.02.08 Taxes 01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner shall increase or decrease Contract payments to account for the exact .amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor-to the Contract Administrator on forms provided by the Contract Administrator to the Contractor.. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. 03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. 04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the .provision of such services is carried out by the Contractor or a Subcontractor, are 'subject o a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour, and the supply of commodities that do not form part of the Work. GC 8.02.09 Liquidated Damages 01 When liquidated damages are specified in the Contract and the .Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. Page 56 Rev. Date: 11/2006 OPSS.MUNI 100