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Home My WebLink About2009-141THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-141 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ambler & Co. Ltd., Mississauga, Ontario to enter into agreement for Solina Road Drainage Improvements. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 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, Ambler & Co. Inc., Mississauga, 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 5th day of October, 2009. By-law read a third time and finally passed this 5"' day of October, 2009. C~ari~~gton ce~As rae w~ Municipality of Clarington EXECUTED CONTRACT CORPORATION OF THE MUNICIPALITY OF CLARINGTON SOLINA ROAD & WEST LAKE ESTATES DRAINAGE IMPROVEMENTS, SOLINA CONTRACT NO. CL2009-37 September 2009 AECOM Project No. 12-29677-15 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON SOLINA ROAD & WEST LAKE ESTATES DRAINAGE IMPROVEMENTS, SOLINA CONTRACT NO. CL2009-37 September 2009 AECOM Project No. 12-29677-15 AGRttMtNl AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: AMBLER & CO. INC. of the City of Mississauga and the 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. II i~ Page 1 of 3 i ~' ~. DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Solina Road & West Lake Estates Drainage Improvements, Solina, Contract No. CL2009-37, Municipality of Clarington Addendum No. 1 dated September 23, 2009 A. TENDER FORM: General Itemized Bid Bonds Bidder's references Schedule of Tender Data B. STANDARD TERMS AND CONDITIONS C. SCHEDULE 'C' -CONTRACTOR SAFETY D. INSTRUCTIONS TO TENDERERS E. SPECIAL PROVISIONS -GENERAL F. SPECIAL PROVISIONS -TENDER ITEMS G. DESIGN GUIDELINES H. STANDARD DRAWINGS I. PLANS: Title Sheet, Index Sheet, Drawings No. 1 - 7 J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications, and Municipality of Clarington Design Guidelines and Standard Specifications - 2004. OPSS No. Date OPSS No. Date 127 Current 407 Nov. 2007 128 Current 510 Nov. 2006 180 Nov. 2005 511 Nov. 2008 201 Nov. 2007 570 Nov. 2007 206 Nov. 2000 571 Nov. 2007 310 Nov. 2008 572 Nov. 2003 314 Nov. 2004 577 Nov. 2006 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 30 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 beneft of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor: AMBLER & CO. INC. 3 , aUO~~ in the presence of Date `= . -_ DST t 3~ Zcv,9~ . Date SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' - -~-~- ~ e ~, _ yr , "~~_: _-, - Date Q a , ~od~,-__ ~ ~- .- ~~ ----- - in the presence of ) ~B3tti L Bttfrie, Clerk Date ~ oZ`~~ ~0~9 P:1Dept 12N2-29677-161Specs1CL2009-37-AGR.tloc Page 3 of 3 NII INICIPAI ITV AF GLORINGTAN CONTRACT NO. CL2009-37 SOLINA ROAD AND WEST LAKE ESTATES, DRAINAGE IMPROVEMENTS MUNICIPALITY OF CLARINGTON ADDENDUM NO. 1 Contractors are hereby advised of the following modifications to Contract No. CL2009-37: ITEMIZED BID Add the following Items: kem No. Spec: Description Unit Quantity Wnit Price Total No. . PART `C' -DITCHING WITHIN WEST LAKE ESTATES SUBDIVISION (Provisional) C1 206 Ditching: SP a) Gradap hrs 40 bJ Triaxle Dump Truck hr; 80 C2 421 Flush Existing Culverts m 148 SP C3 511 Rip Rap on Geotextile m 175 SP C4 SP Mobilization and LS Demobilization C5 SP Bonds, Insurance and LS Maintenance Security Tota! Part `C' (Carried to Summary) Page 4, SUMMARY -Add the following: "Total Part `C'° INSTRUCTION TO TENDERERS Page 4, Clause 13 -LOCATION -Add the following paragraph: "Pan: `C' of the work is located within the West lake Estates Subdivision on Bice Court, Eagle Court Dorsett Street, West Lake Street, Odlum Street and Limmiman Court." SPECIAL PROVISIONS -TENDER ITEMS Page 2, RIP RAP ON GEOTEXTILE -ITEMS NO. A5 AND 63, Revise the title for this Item to read: "R!P RAP ON GEOTEXTILE -ITEMS NO. A5, 83 AND C3" P~Dept 12112-29677-iS6persWDD 7.Eac SOLINA ROAD AND WEST LAKE ESTATES, DRAINAGE IMPROVEMENTS 2 of 2 CONTRACT NO. CL200937 MUNICIPALITY OF CLARINGTON SOLINA ROAD AND WEST LAKE ESTATES, DRAINAGE IMPROVEMENTS 2 of 2 ADDENDUM N0.1 Page 7, MOBILIZATION AND DEMOBILIZATION -ITEMS NO. A14 AND B7, Revise the title for these Items to read: "MOBILIZATION AND DEMOBILIZATION -ITEMS NO. Af4, 87 AND C4 Page 8, BONDS, INSURANCE AND MAINTENANCE SECURITY -ITEMS NO. A15 AND 68, Revise the title for these Items to read: "BONDS, INSURANCE AND MAINTENANCE SECURITY- ITEMS NO. AfS, B8 ANO CS Page 8, Add the following Item: "FLUSHING OF CULVERTS -ITEM NO. C2 The unit price bid for this kern will be to flush all road cross culverts, for all pipe diameters, within the subdivision as directed by the Contract Administretor. Flushing shall be considered complete when all sediment and debris are cleared from the culvert. The basis of payment will be for actual length of culvert flushed from Inlet to outlet of the pipe. Excavation and removal of sedimenf flushed from the culvert shall be paid far under Item No. Ct. Inverts at inlets and outlets shall be restored with either topsoil and sod or Rip Rap as directed by the Contract Administrator. Payment for restoration will be paid fro under Item Nos. C3, C4 or C5." All tenders must be submitted on the basis of these modifications. Bidders are instructed to sign this addendum and return it with the completed tender, or the tender submitted may be rejected. Ilwe hereby acknowledge receipt of this addendum. Sgned (Must be Signing Officer of Firm) Position Name of Firtn tip AECOM 513 Division Street Cobourg, Ontario K9A SG6 September 23, 2009 AECOM PROJECT: TENDER FOR CONTRACT NO. CL2009-37 SOLINA ROAD & WEST LAKE ESTATES DRAINAGE IMPROVEMENTS; SOLINA AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: AECOM 513 DIVISION STREET COBOURG, ONTARIO K9A SG6 Telephone: 905-372-2121 Fax: 905-372-3621 TENDERER: Ambler & Co. Inc. Name 5804 Datson Road MISSISSAUGA.Ontario L4W 1H2 Address (include Postal Code) T:905-677-4574 F:905-677-4818 Telephone and Fax Numbers Rupert Ambler 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:iDept 12112-29677-15t.SpecsiCL2009-37-TF.doc Page 1 of 7 pages TENDER CONTRACT NO. CL2009-37 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL200937 Solina Road & West Lake Estates Drainage Improvements, Solina ^ Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Spec cations 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, fumish 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 Bold 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. L~ Page 2 of 7 pages ul a~wwanw wnn u c naa Na ay ar . .. ..... ... ...... .................. ... , .. r .. .. -~ contract Nn CI 9009-37 for the followino unit prices. ITEMIZED BID CONTRACT NO. CL2009-37 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-37 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard SP - Refers to Special Provisions (p) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~ ~ ~ PART'A': DITCHING AND SHOULDER IMPROVEMENTS At 201 Clearing and Grubbing LS 1,200.00 SP, MOC A2 510 Removal of Culverts m 20 52.00 1,040.00 SP A3 206 Earth Excavation (Grading) rn' 620 46.00 28,520.00 SP, MOC (P) A4 407, 800 mm Dia. Plain Galvanized m 13 SP Corrugated Steel Pipe Culverts, 2.0 mm 154.00 2,002.00 Gauge AS 511 Rip Rap on Geotextile mz 890 24.00 21 360.00 SP , A6 577, SP Rock Flow Check (Flat Bottom-Ddch) ea 5 (OPSD 219.211) 512.00 2,560.00 A7 570 Topsoil (Imported) m2 1,675 SP, MOC 10.00 16,750.00 A8 571 Sod (Nursery, Staked) rnz 750 SP, MOC 4.00 3,000.00 A9 572 Seed mz 980 SP, MOC 1.60 1,568.00 A10 SP Sawcutting m 6 10.00 60.00 A11 314 Granular'A' t 30 SP, MOC 28.00 840.00 A12 314 Granular'A' -Shouldering t 60 SP, MOC 36.00 2,160.00 A13 310 Hot Mix HL-3 t 8 SP, MOC 330.00 2,640.00 A14 SP Mobilization and Demobilization LS 1,324.00 A15 SP Bonds, Insurance and Maintenance LS 2,260.00 Security Total Part A (Carried to Summary) $ 87,284.00 DADT ~D ~• I11T/`YMII] °CAD~ICD~C C1C/ n~ _ CAI IIJA DAAII TA 9.111 ... IA/CCT /D.~... d~:......11 ~ 28~ ~ SP; AABG DELETED t32 286 ma X135 600 DELETED dP--M9S ~ -- ~ ^aA-4 m~ ~ SR " ^^ DELETED Page 3 of 7 pages Contract No. C12009-37 for the following unit prices. ITEMIZED BID CONTRACT NO. CL200937 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specrfied for Contract No. C12009-37 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontado Provincial Standard SP - Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings u 64 .. 57~ ~R v~' m.. L t _.e. i vr..+~ , inocn o~T) ea 2 -587 00 DELETED ~ : 655 x72 C~Ag06 ~ nay ~2a .~~w DELETED 66 SR m~ 750 -~^b' DELETED ~ ~ L~ DELETED 68 SR ~eCUrity ~ DELETED DELETED PART 'C': D/TCHlNG WITHIN WEST LAKE ESTATES SUBDIVISION (Provisions!) C1 206 SP Ditching aJ Gradall hrs 40 205.00 8,200.00 bJ Triaxle Dump Truck hrs 80 108.00 8,640.00 C2 421 SP Flush Existing Culverts m 148 33.00 4,884.00 C3 511 SP Rip Rap on Geotextile rn 2 175 48.00 8,400.00 C4 SP Mobilization and Demobilization LS 824,00 CS SP Sonds, Insurance and Maintenance Securi LS 440.00 Total Part C (Carried to Summary) $ 31,488,00 SUMMARY Total Part'A' 87,284.00 T~` t'°•°^°~"` ~O- DELETED Total Part'C' 31,488.00 Total (excluding GST) 118,772.00 GST (5°k of total) 5,938.60 TOTAL TENDER AMOUNT 124,740:60 I entlerer's GST Registration No 137947883 P?D°PI12112-296T1-1515pecs~jCL20093]-I[anrzeC BM ISgn DOa)~islfrEM&D Page 4 of 7 pages AGREEMENT TO BOND (to be completed by Bonding Companvl CONTRACT NO. CL2009~7 WE, the Undersigned, HEREBY AGREE to become bound as Surety for Ambler & Co. Inc. 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.CL2009-37 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT Toronto this 21 day of September S Aviva Insurance Comoany of Canada Name of Bonding Company Cathy Ricci Signature of Authorized Person Signing for Bonding Company Attorney-in-Fact Position 2009 (BONDING COMPANY SEAL) (This Form shall be completed and attached to the Tender Submitted). Page 5 of 7 pages BIDDER'S REFERENCES CONTRACT NO. CL2009-37 Year Description of Contract Site Preparations Name of Organization Reoion of York Contact Person Evan Ferouson Telephone Number 877-464-9625 Value of Contract $3.365.578.00 Year Description of Contract Raw Water Intake Name of Organization Maple Reinders Constructors Ltd. Contact Person Bill Leslie Telephone Number 905-821-4844 Value of Contract $341.000.00 Year Description of Contract Burlual WTP Name of Organization North America Construction Contact Person Joe Claessens Telephone Number 905-686-0403 Value of Contract $1.709.000.00 (This Form shall be completed and attached to the Tender Submitted). Page 6 of 7 pages SCHEDULE OF TENDER DATA CONTRACT NO. CL2009-37 The work specked in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Page 3 to 4 Agreement to Bond Page 5 References Page 6 Schedule of Tender Data Page 7 STANDARD TERMS AND CONDITIONS Pages 1 to 11 SCHEDULE'C' -CONTRACTOR SAFETY Pages 1 to 8 INSTRUCTIONS TO TENDERERS Pages 1 to 6 SPECIAL PROVISIONS -GENERAL Pages 1 to 11 SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 8 DESIGN GUIDELINES STANDARD DRAWINGS PLANS: Title Sheet, Index Sheet, Drawings No. 1 - 7 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 127 Current 407 Nov. 2007 128 Current 510 Nov. 2006 180 Nov. 2005 511 Nov. 2008 201 Nov. 2007 570 Nov. 2007 206 Nov. 2000 571 Nov. 2007 310 Nov. 2008 572 Nov. 2003 314 Nov. 2004 577 Nov. 2006 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 09123!09 RA 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, P.laiis and Specifications, for Contract No. CL2009-37, executed by me/us bearing date the 24 dayc~~eot.---20.09 and we have fully read all relate>.d ~loCUnlme-nts to to/nder data as listed above. -, v : v _ __ SIGNATURE: ~,l y1L~a~ t/ POSITION _P,.resident_ _ - _ NAME OF FIRM Ambler 8 Ca Inc (CO1~~TYY SEAS ,- i~ --. _ Pdvacv Legislation Federal legislation governs the collection and use M personal mfortnafion fnxn indviduals. We represent and warrant to the owner that we have gbairatl Me CONSENT of any antl all employees whose personal information we lava supplied 1o Me owner in this [ender This pvsoral iNOnnation, whits includes, gut is trot limiletl to, dre employees' names, ed,cation, work end p`gjecl history, professional tlesignatioris and gualificaticns. This CONSENT permits the owner m disclose Mrs persoal informaion ro the Engineer (owner or agent) for the purpose of evaluatirg orr dtl. In Me event Mal the larger u sucressiul, Mis persoal information may also be reed n prgjem adminisVation, for oamep purposes. This is Page 7 of 7 pages to be submitted as the Tender Submission for Contract No. CL2009-37. i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-37 STANDARD TERMS AND CONDITIONS P:1Dept iznz-zesn-is~saeca~C~2oos-s~-rac.doc - - -.. THE CORPORATION OF THE MUNICIPALITY OF CLARiNGTON PURCHASING DIVISION Page 1 of 11 The Municipality of Clarington's "Standard Terms and Conditons° shall apply to this Contract except where noted bekrvv. Clause 8 of the °Standard Terms and Conditions' shall be superseded by Clause 8, "Payments" of the "Special Provisions -General" Sedan of the Contract. Clause 15 of the "Standard Tenns and Conditions" shall be superseded by Clause 2, "Guaranteed Maintenance" of the "Special Provisions -General" Section of the Contact. The first paragraph of Clause 16 of the "Standard Terms and Conditions° Ls not appNcable to this Contract. The first paragraph of Clause 24 of the "Standard Terms and Conditons" shall be superseded by Clause 6.03.02 of the OPS General Conditions of Contract (November 2006) which requ'Kes a $5,000,000.001'rabilily cover~e. Clause 27 of the °Standard Terms and Conditions' shall be superseded by Clause 18, "Workplace Hazardous Materials Information System (WHIMIS)' of the "Special Provisions - General" Section of the Contract LJ L, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION ti Page 2 of 11 SCHEDULE (B) 1. 2. DEFINITIONS STANDARD TERMS AND CONDITIONS Municipality -The Corporation of the Municipality of Clarington, its successors and assigns. Bidder -The person, fine 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. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #2006- 127 and wiA 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 enveope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be sgned 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 fetter, 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) 3. 4. 5. STANDARD TERMS AND CONDITIONS (continued) CONTRACT The contract consists of the documents aforementioned as Mined in Section 1, Oefinitlons, Contract. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronologigl order in which they are issued or executed. The irdent of the contract is that the Company shaA supply work which is fit and suihable for the Municipality's intended use and complete for a par~cular 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 CLARIFICATION OF THE DOCUMENT Any clar'~fication of the document required by the Bidder prior to submission of its hid shall be requested through the Municipality's contact identified in the document. Any such c~rificafion so gnren shall not in any way aker the document and in no case shall orb arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or empbyee of the Municipality is authored to after orally any portion of the document 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. DELIVE Y 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 the period set out herein as the guaranteed period of delivery or completion after receipk 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 complelion shall be as specfied in the contract. Time shall be of the essence of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARiNGTON PURCHASING DIVISION i 1 Page 4 of 11 SCHEDULE (B) 7. PRICING 8. STANDARD TERMS AND CONDITIONS (continued) Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be fine for the duration of the contrail. Prices bid must include all inddental costs and tfre 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, R must be obtained prior to the submission of the bid. Payment shalt be full compensation for ail costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include appliceble customs duty, exase tax, freight, insurance, and at 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, ft 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 specfed 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 shaA be made to compensate for such dranges as of the effective date thereof. RMS 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 oompany of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance wfth the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend aU 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 Municpality 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 (corrtinued) 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 m continue using the work or shaA at the company's expense, replace the infringing work with non-infringing work or modihl R so that the work no kmger infringes. 10. ALTERNATES 11 12. 13. 14. 15. Any opinion with regard to the use of a proposed attemale determined by the MuniapaUty shall be final. Any bid proposing an aRerrrate will not be considered unless otherwise specified herein. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final.. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof withoutthe prior written consent of the Municipality. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entRled to request of the Company to famish reasonable evidence that financial arrangements have teen made to fulfill the Companys obligatxxrs under the Contract. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Muniapal 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 arterpreted in accordance with the laws of the Province of Ontario. 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 R 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 contrant, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportafron ousts for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by Rem, or part thereof, groups of items, or parts thereof, or all items of the bids and to award centracts to one or more bidders submitting identicel bids as to price; to accept or reject any bids in whole or in park to waive irregularities and omissions, 'rf in so doing, the best interests of the Municipality will be served. No IiatHlRy shall accrue to the Municipality for its decision in this regard. Bids shall be irevocable for 90 days after the official closing time. STANDARD TERMS AND CONDITIONS (continued) s Page 6 of 11 SCHEDULE (B) 17 18. The plating in the mail or delivery to the Bidders shown address given in the bid of a notice of ~ award to a bidder by the Municipality shall carstitute notice of acceptance of contract by the Munidpality 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: ~, THE CORPORATION OF THE MUNfCIPALITY OF CLARINGTON PURCHASING DIVISION a Bidder or a subcbrrtractor 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 induding, but not limithd to outstanding property taxes owed to the Corporation; and a Bidder is not in compliance with the Corporation's Corporate Policies and by-laws induding Property Standards By-law. SUPPLIER PERFORMANCE EVALUATION Prior to the Contrad renewal dates or upon expiry of the Contract, the Municipality of Clarington will complete a Perfomrance Evaluation Form, providing feedback related to the Company's performance of the Contract SupplierslContractors will be evaluated based on, but not limited to the following: • quality of goods/services provided; • compliance with Contract specifications, terms & conditions; • communication (responsiveness); • billing accuracy. The results of the Performance Evaluation shall be used to determine whether or not the Company is: • considered for renewal of a Contract with the Municpality; ' • considered for award of any subsequent Contract opportunities. Throughout the life of the Contrad, the Munidpakty shall communicate any performance issues/concems, to the Company. Persistent performance issues may result in an immediate Contract Pertormance Evaluation by atl participating departments to determine 'rf Contract suspension or termination is necessary. Companies whose previous Contracts were terminated due to poor performance shall be considered for subsequent Contract Awards, only if they can show proof, through a minimum of three references for similar work, that they have overcome their performance issues of the past Contract The Municipality's decision in this regard shall be final The results of any Performance Evaluation may be disclosed to other Munidpalities or government bodies upon request, where it can be demonstrated that the Company has listed the Municipality as a Work reference. DEFAULT BY COMPANY a. If the Company commits any act of banlwptcy; or if a receiver is appointed on account of Hnthout notece: terminate the contract 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 Munidpality may, - - •-• THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 7 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) b. If the Company fail to comply with any regrr~t, instruction or order of the Municipality; or fails to pay its aocourrts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work: or fats to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written conser>X or refuses to correct defective work; ~ is otherwise in defauR 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, brninate the contract. c. Any termination of the contract by the Municpality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurting any liability whatsoever in respect thereto. d. If the Municipality terminates the contract, it is entitled to: i) take possession ~ 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; ii) withhold any further payments to the company unfit the completion of the work and the expiry of all obligations under the Corcection of Defects section; ui) recover from the company Toss, 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). 19. CONTRACT CANCELLATION The Municpaliy 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 bss of anticipated profd on the cancelled portion or portions of the worts 20. QUANTITIES Unless otherwise specfied 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. 21. SAMPLES Upon request, samples must be submitted strictly in arxordance with instructions. If samples are requested subsequent to opening of bids, they shall 6e delivered within three (3) working days following such request, unless addifional time is granted. Samples must be submitted free of charge and wiA 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 THE CORPORATION OF THE MUNLCIPALITY OF CLARINGTON PURCHASING DIVISION rr Page 8 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 22. 23. Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. URETY The successful tenderer shall, if the Municipality in its absolute discretion so 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 tympany 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 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. WORKPLACE SAFETYAND INS TRANCE 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 forfuture payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of cert'fiicetes 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 8 Insurance Board Office and refer to this Gause.) Single Independent Contractors /Owners /Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clartngton has the right to reject any bid it deems to provide insufficient coverage. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 9 of 11 r SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 24. INSURANCE The company shall maintain and pay for Comprehensive General LiabNity insurance including premises and all operations. This insurance coverage shall be subject to IimiLs of not less than $3,000,000.00 inclusive per occurrence for thib party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The Company shall maintain and pay for Automobile Liability insurance in respect of licensed vehicles and shall have limits of not less than $2,000,000.00 inclusive per occurrence covering all licensed vehicles owned or leased by the Company. The policy shall include the Municipality as an additional insured in respell of all operations performed 6y or on behaN of the Company. A certified copy of such policy or certificate shall be provided to the munidpality 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 ceverage. 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. ,~ 25. LIABILITY ~ The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, bsses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any 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 alt charges, fines, penalties and costs that may be incurred or paid by the Municipality 'rf the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Actin relation to any violation of the Act arising out of this contract 28. 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 cond'Rions. No claim for extra payment will be allowed for work or difficulties encountered due to conddions of the site which were visible or reasonably inferable, prior to the date of submission of Bid. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. 27. SAFETY i The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which caild in any way pertain to the work outlined in the Contract w to the Empbyees of the Company. Without limfing the generality of the foregoing, the Company shaft satisfy all statutory requirements imposed by the Ocxupational Health and Safety Act and Regulations made thereunder, on a contractor, a ConsVuctorand/or Empbyer with respect to or arising out of the performance of the Company's obigations under this Contract THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVI51ON Page 10 of 11 SCHEDULE (BJ 28. 29. 30. 31. 32. STANDARD TERMS AND CONDITIONS (continued) The Company shall be aware of and conform to all governing regulators including those established by the Municipality relating to empbyee health and safety. The Company shall keep empbyees and subcontractors informed of such regulations. The Company shall provide Material. Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. UNPAID ACCOUNTS The company shall indemn"dy 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 respell 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. 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 Munidpality may determine. The resumption and completion of work after the suspens"ron shall be governed by the schedule established by the Municipality. 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. CONFLICT OF INTEREST No employee or member of Council of the MunicipaNty 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. 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 submissan 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 spec'fiic sdentific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identfied as confidential. 33. CRIMINAL BACKGROUND CHECKS "The successful service provider covenants and agrees to provide the Municipality of Clarington, or such other entity as the Munidpality may designate, with written consent to pertorm a criminal background check including Criminal Code (Canada) convictions, pardoned sexual offences, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 11 of 11 SCHEDULE (t3) STANDARD TERMS AND CONDITIONS (continued) 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 iMo direct contract with youth or who are permitted entrance to private or restr~ted areas or residences. This will be done at no cost to the Municipality and any such requested document will be submitted to the Muniapality in its true form in advance of commencement of work. The Municipal issued identification card must be wom when individuals are at a site where there is direct contact with youth or where access to any private or restricted area is anticipated. The Municipal identfigtion 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 uhilaterelly and without penalty to the Municipality should the service provider fail to provide the required documentation or othervuise 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. CL2009-3T SCHEDULE `C' P:1Dept 1 211 2-2 9 67 7-1 5V^pecs1CL200937-Schedule (C).doc ~~.ncvv~c ~~.~ CAWTDA(`TAR e2AFFTY SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE ~ POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety cbncems 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 ' s Occupational Health and Safety Ad (Section 23 (1), (2)), it is the constructor responsibility to ensure that: • the measures and procedures prescribed by the Occupational Health and Safety Ad and the Regulations are carried out on the rp oiect; • every employer and every worker performing work on the pr018Ct complies with the Occupational Health and Safety Act and the Regulations (under the Act); and • the health and safety of workers on the oroiect is protected. • Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor- any individual or firm engaged by the Municipality to do work on behalf of the Municipality. Project- means a wnstruction 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, dismarrtling, 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. CONTRACTOR SAFETY 2 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE CorKinued... Constructor- means a person who undertakes a projed for an owner and indudes an owner who undertakes all or part of a projed 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 projed, the projed manager or delegate must determine whether any designated substancesRrazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The projed 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 tendedquotations will require prospective contractors to include a list of the designated substancesRrazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contrad, 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 recerds. e) As part of the tendedquotation conditions, before award of a contrad, the contractor will be required to provide proof that all workers involved with the projed have the proper WHMIS training, as required by the Occupational Health and Safety Ad. f) As part of the tendeNquotation conditions, before award of a contrad, the contractor must provide details of their Health and Safety program. g) The projed manager or delegate must provide the successful contractor with a workplace orientation, which will include, but not limited to idenfitying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientatroNJob 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 projed manager or delegate. i) Copies of the Munidpal Corporate Health and Safety Program ii) Departmental health and safety policies iii) Workplace procedures regarding health and safety practices. a~nw~~c ~~.~ CANTRAf"TAR SAFETY 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 wide any program, policy, .rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) cornplies. j) The Munidpality 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 wiA have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Munidpal 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 (Sdiedule "C3"). k) Where applicable, the Municipality will retain the right to allow munidpal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Ad, in any unsafe conditions. The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) ResponsilHlity for ensuring contractor compliance to this policy falls upon the project manager w designate. This will indude identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Waming/Stop Work Orders. VVI IG./VLL ~V 1~ CONTRACTOR SAFETY 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 accidentlncident andJor 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.) CONTRACTOR SAFETY 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 atl procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site spec policies and procedures and other applicable legislation or regulations. Uwe will work safety with skill and care so as to prevent an accidental. injury to ourselves, fellow employees and members of the public. 1. The contradodsuccessful tenderer certifies that it, its employees,.its subcontractors and their empbyees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Ad, as amended from time to time, and all Regulations thereunder (the "AcY7; and b) have suffiaent knowledge and training to perform all matters required pursuant to this contractttender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contraditender, the contractor/successful tenderer shall, a) ad safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees ad safely and complying all respells with the Act. 3. The contractor/successful tenderer shall rectify any unsafe ad or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such ad, practice or non-compliance. 4. The contractor/successful tenderer shall permit representatives of the Munictpality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractorRender. 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 contractorlsuccessful tenderer shall indemnify and save harmless the Municipality, a) from any loss, inconvenience, damage or cost to the Municipality which may resuk from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing toad safely or to comply in all respells with the Actin the performance of-any matters required pursuant to this contract/tender; JVI"ICVVLC ~VL~ e~nruraerrna ceFFrv SCHEDULE (C2) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... b) against any action or Gaim, 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. Contractor Name of Person Signing for Contractor Signature of Contractor Date CONTRACTOR AAFFTY 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 roaming to the contractor to immediately discontinue the unsafe work practice described below _ Direct the contractor to immediately cease all work being pertorrned under this contrail due to the unsafe work practice described below. PART "A" -DETAILS OF CONTRACT ~ CONTRACT/P.O. # DESCRIPTION: I NAME OF FIRM: a~.ncvv~~ w.a~ CONTRACTOR SAFETY 8 SCHEDULE (C3) CONTRACTOR SAFETY PART "B" -DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: 0 DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE i£ TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE TITLE PART "C" -ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. 1 t CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-37 INSTRUCTIONS TO TENDERERS P:lDept 12112-29677-15\Spec51CL2009-37 -IT.doc uw~n INDEX INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2009-37 CLAUSE SUBJECT PAGE ' 1. GENERAL ................................................................................................................................................ ..........I 2. BLANK FORM OF TENDER ................................................................................................................. .......... I ' 3. TENDER DEPOSITS .............................................................................................................................. .......... 2 4. BONDS ..................................................................................................................................................... ..........2 S RIGHT TO ACCEPT OR REJECT TENDERS ................................................................................... .......... 2 ' . 6 UNACCEPTABLE TENDERS 3 . ............................................................................................................... .......... 7. ABILITY AND EXPERIENCE OF TENDERER .................................................................................. ..........3 ' 8. REFERENCES ........................................................................................................................................ ..........3 9. PROVINCIAL SALES TAX .................................................................................................................... .......... 3 10. GOODS AND SERVICES TAX (GST) ................................................................................................. .......... 3 11. EXECUTE CONTRACT DOCUMENTS ............................................................................................. ........... 3 12. COMMENCEMENT OF WORK ........................................................................................................... ........... 4 13. LOCATION ............................................................................................................................................... ..........4 ' 14. SOILS INFORMATION ......................................................................................................................... ...........4 15. TENDERERS TO INVESTIGATE ....................................................................................................... ........... 4 ' 16. INQUIRIES DURING TENDERING .................................................................................................... ...........4 17. AWARD OF THE CONTRACT ............................................................................................................ ........... 4 18. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR ... ........... 5 19. ADDENDA ............................................................................................................................................... ...........5 ' 20. UTILITIES ................................................................................................................................................ ...........5 21. PROVISIONAL ITEMS .......................................................................................................................... ...........6 22. TENDER OPENING MEETING ........................................................................................................... ........... 6 l~ IIYA 1 RVI,. I IVn1.7 I V 1 CIYUCRCKA /~A\IT~Af~T \IA /'~I ~ff~fllf 99 ' PAGE ONE INSTRUCTIONS TO TENDERERS ' CONTRACT NO. CL2009-37 ' 1. GENERAL SEALED Tenders plainly marked °Contract No. CL2009-37" will be received until: 2:00:00 P.M., LOCAL TIME, FRIDAY, SEPTEMBER 25, 2009 ' and shall be addressed to: Ms. Patti Barrie, Clerk ' Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 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. 1 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 retumed 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 retumed unopened by courier. ' Note: Since Tenders must be submitted in a sealed envelope, submissions by facsimile or electronic delivery, secured or otherwise, are not acceptable. The onus unequivocally remains with the Bidder to ensure that Tenders are delivered to the Municipal Clerk, Clerks Office, 2nd Floor, before the deadline for submission, in accordance with the submission instructions. Requests for adjustments to submitted Tenders by telephone, fax or ' electronically will not lie 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. CL2009-37 2. t 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 tc 50,000.00 2,000.00 $ 50,000.01 to 100,000.00 5,000.00 ' $ 100,000.01 to 250,000.00 10,000.00 $ 250,000.01 to 500,000.00 25,000.00 $ 500,000.01 to 1,000,000.00 50,000.00 , $1,000,000.01 to 2,000,000.00 100,000.00 $2,000,000.01 and over 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. ' The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. , 4. BONDS ' The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. 1 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. d f ' or, Tenders which are incomplete, conditional or obscure, or which contain additions not calle erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. ' IJ i INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-37 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 Authoriiy 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. REFERENCES C 1 ~_J 3. Bidders are advised that they are required to submit three (3) references on the form provided in the Tender Form section of the Tender Documents. Failure to do so may result in the bid not being accepted by the Municipality. As requested by the Municipality, references will be checked by the Contract Administrator or Municipality during the tender review process. 9. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. 10. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 11. 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. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-37 12. COMMENCEMENT OF WORK 4. 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. 13. LOCATION Part 'A' of the work is located on Solina Road, from Odlum Street to approximately 360 m north of Dorset Street, Solina, Municipality of Clarington. Part 'B' of the work, which is provisional, is located on the south limit of the farmers field starting at the north limit of Part'A' and running 300 m westerly. Part `C' of the work is located within the West Lake Estates Subdivision on Bice Court, Eagle Court, Dorsett Street, West Lake Street, Odlum Street and Limmiman Court. 14. SOILS INFORMATION Geotechnical investigations have not been undertaken on behalf of the Municipality of Clarington. 15. 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 interterence with such service with the properjurisdictional agency. 16. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications shall be directed to the Contract Administrator; AECOM, Telephone: 905-372-2121, Attention: Ron Albright, P.Eng. or Will McCrae P.Eng. 17. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Municipality of Clarington. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-37 18. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the Corporation of the Municipality of Clarington. Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, AECOM, or such other officers, as may be authorized by the Authority to act in any particular capacity. 19. ADDENDA 5. 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. 20. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: Bell Canada: Cable TV: Clarington Street Lighting Durham Region Traffic Signals: Enbridge/Consumers Gas: Hydro One: Veridian Hydro: Ms. Ellen Hyde Tel: (905) 433-2141 Ms. Cindy Ward Tel: 905-436-4138 Clarington Operations Ms. Sue Arends Tel: (905)263-2292 Durham Region Traffic Depot Tel: (866)-786-8116 Mr. Jamie Rochford Tel: 416-758-7936 Mr. Jim Hisson Tel: (905) 623-1071 Mr. Peter Petriw, P.Eng. Tel: (888)-445-2881 INSTRUCTIONS TO TENDERERS CONTRACT NO. CL200937 21. PROVISIONAL ITEMS After the tender Dosing the Items in the Itemized Bid noted as being "Provisional" may have quantities modified or may be deleted from the Contract at the sole discretion of the Owner without negotiating with the bidders regardless of the percentage of the Tender the individual or combined "Provisional Items" represent. No consideration for loss of overhead costs will be considered should these Items be deleted from the Contract. 6. 22. 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. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-37 SPECIAL PROVISIONS -GENERAL P:1Dept 12112-29677-151Specs1CL2009-37-SPG.doc ~i SPECIAL PROVISIONS-GENERAL INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2009-37 CLAUSE SUBJECT 1. PLAN QUANTITY ITEMS ...................................................... 2. GUARANTEED MAINTENANCE ......................................... 3. CONTRACT TIME AND LIQUIDATED DAMAGES .......... 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE... 5. OPS GENERAL CONDITIONS ............................................ 6. LAYOUT BY CONTRACT ADMINISTRATOR ................... 7. RESTRICTIONS ON OPEN BURNING .............................. 8. PAYMENTS ............................................................................. 9. UTILITIES ................................................................................ 10. DUST CONTROL ................................................................... 11. TRAFFIC CONTROL, FLAGGING ...................................... 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGN 13. MAINTENANCE OF TRAFFIC ............................................. 14. EMERGENCY AND MAINTENANCE MEASURES.......... 15. ENGINEERING FIELD OFFICE ........................................... 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERI 17 OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - C PAGE i 1 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHIMIS) .............. ......7 19. SPILLS REPORTING .................................................................................................................. ......7 20. TRAFFIC AND STREET SIGNS ................................................................................................ ......8 21. GARBAGE COLLECTION .......................................................................................................... ......8 22. ASPHALT MIX DESIGNS ........................................................................................................... ......8 23. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES ......................................................................................................................................... ...... 8 24. CONFINED SPACE ENTRY ....................................................................................................... ......9 25. ENTRY ONTO PRIVATE PROPERTY ..................................................................................... ......9 26. STORAGE AREAS ....................................................................................................................... ......9 27. GENERAL LIABILITY INSURANCE .......................................................................................... ......9 28. CONSTRUCTION LIEN ACT ..................................................................................................... ......9 29. VARIATIONS IN TENDER QUANTITIES ................................................................................. ....10 30. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR ........................................................................................................................... .....11 v~ w~r~~ ~ ~w~ww~w - va~~~a-w~~ rnwTRerT un ri ~nno_z~ PAGE ONE SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-37 1. PLAN QUANTITY ITEMS Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.16 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 3. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be of the essence for this Contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause 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 30 working days. If the Contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional andlor augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the Contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. (3) Liquidated Damages It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed by the date specified, or as extended in accordance with Section GC3.06 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-37 2. the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND DOLLARS ($7,000.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for completion. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.10 is defined as an employee of the Contractor 5. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, November 2006. 6. LAYOUT BY CONTRACT ADMINISTRATOR Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and O6), and by the addition of the following: The Contract Administrator shall layout and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 8. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. 1. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-37 3. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-112 percent of the total value of work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07.03(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04.03. As a condition of Progress Payment Certificate processing, the Contractor must provide a current WSIB Clearance Certificate and a Statutory Declaration in support of each Progress Payment Certificate and an updated project schedule as directed by the Contract Administrator. All interim monthly certificates are not conclusive as to the value or quality of services provided and payment certificates are subject to reopening and readjustment. The Completion Payment Certificate to include release of the remaining holdback will be issued within 120 days after the date far completion as specified under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. Acceptance by the company of the final holdback payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the Contract and still unsettled. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. Payments made hereunder, including final payment shall not relieve the Contractor from its obligations or liabilities under the contract. The Authority shall have the right to withhold from any sum otherwise payable to the Contractor such amount as may be sufficient to remedy any defect or deficiency in the work pending correction of it. 9. UTILITIES Sections GC2.01.01 and GC7.13.02 of the General Conditions are deleted in their entirety and are replaced by the following: "The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction." The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-37 4. The location and depth of underground utilities shown on the Contract drawings are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 10. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the rightof-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor. 11. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual), and as per the requirements of the Ontario Health and Safety Act Reg. 213191, Section 69.1. 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.07 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, detour signage, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the "OTM Book 7" A Traffic Control Plan indicating all traffic signage layout and types in a neat legible manner shall be submitted for approval by the Contract Administrator a minimum of two weeks prior to construction commencement and shall be in accordance with the latest edition of the "OTM Book 7". Revisions to the Traffic Control Plan shall be made to reflect ongoing changes on the project as needed and shall be approved by the Contract Administrator. Traffic controls shall be operational before work affecting traffic begins. If required a minimum of two (2) TC-67 signs shall be supplied and erected by the contractor at contract limits with approved text, as directed by the Contract Administrator. .. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-37 13. MAINTENANCE OF TRAFFIC No road closures of Salina Road will be permitted. The Contractor will be required to maintain traffic in both directions to accommodate the improvements. The Contractor may wish to temporarily close one (1) lane of traffic in accordance with the procedures outlined in the latest edition of OTM Bcok 7 (Ontario Traffic Manual), to facilitate construction of the improvements. 5. 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 lane restrictions. It will be the Contractor's responsibility to keep the Police, Fire, Hospital and Ambulance services informed of any changes to the maintenance of traffic plan. It is the responsibility of the Contractor to visit the site to become familiar with existing traffic volumes and patterns. No specific AADT (Average Annual Daily Traffic) is available at this time. However, the Contractor shall take into consideration all traffic into and out of the job site area as will occur during regular working hours. No claims for delays due to traffic will be considered for compensation. 14. EMERGENCY AND MAINTENANCE MEASURES Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. It shall be the Contractor's responsibility to ensure that erosion and sedimentation control measures within the limits of the Contract are in place and fully operational to the satisfaction of the Contract Administrator, should the onset of severe inclement weather be forecast. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-37 15. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office accommodation and other facilities as required, and at no extra cost to the Authority. 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: Section 180.03, Definitions, shall be amended by the addition of the following: 6. Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. 2 Subsection 180.07.02, Conditions on Management as Disposable Fill, shall be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 180-1, OPSF 180-2, OPSF 180-3 and OPSF 180-4 and 180-5 for use where appropriate with respect to disposal of excess material. 17 OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. Designated Substance Identified on this Site Location Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No Mercury No Silica No Vinyl Chloride No SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-37 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 Overtea Boulevard, Toronto, Ontario M4H 1A6, 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. 18. 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. 19. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL200937 8. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 20. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery tc the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. 21. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. 22. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. 23. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES Clause GC7.01.07 of the OPS General Conditions of Contract is amended by the addition of the following: Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 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. SPECIAL PROVISIONS -GENERAL v CONTRACT NO. CL2009-37 9, 24. CONFINED SPACE ENTRY Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: • Mechanical Ventilation Equipment • Gloves • Gas Detector (C95-80) Full body harness securely attached to a rope • Rope • Gas mask or dust, mist or fume respirator (optional) • 30 minute self-contained breathing apparatus (need not be wom but, if required, be readily available to supply air for instant egress) • 7 minute Escape Pack • Explosion-proof temporary lighting • Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. 25. ENTRY ONTO PRIVATE PROPERTY The Contractor shall not enter private property or property which is to be acquired to construct the works without the prior consent of the Contract Administrator. This requirement will be strictly enforced. 26. STORAGE AREAS Clause GC7.03.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. 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. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-37 10. 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 adminisVative 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". r SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-37 11. r 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. CL2009-37 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. r ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009~7 SPECIAL PROVISIONS -TENDER ITEMS P:10ept 12112-29877-15VSpecs1CL2009-37-SP-TLdoc CONTRACT NO. CL2009~7 " ~ ~~"... PAGE ONE SPECIAL PROVISIONS -TENDER )TENS CONTRACT NO. CL2009-37 ' ORDER OF PRECEDENCE Where a Specification w 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 Confract "Special Provisions -Tender Items" or the `Ontario Provincial Standards". ' CLEARING AND GRUBBING -ITEMS NO. Al AND B1 Under these Items, the Contractor shall clear and grub all trees, hedges, brush, etc. where indicated on the Drawings or as necessary to complete the ditching operations. Adjacent home owners shall have the first right to wood from tree removal, otherwise it shall be disposed of off slte at a bcation arranged for by the Contractor. Clearing and grubbing shall include removal of the tree's stump. REMOVAL OF CULVERTS- ITEM NO. A2 Culverts are located at the entrance to House No. 6390 Solina and at Station 1+790. Backfill to excavations resulting from storm sewer removal which is below subgrade level shall be with approved native material. Pipe shall be removed from site and disposed of at a location arranged for by the Contractor. EARTH EXCAVATION (GRADING) -ITEMS NO. A3 AND B2 Payment under these Items shall include: Removal and disposal of asphalt from entrances. Removal and disposal of stripped material to be disposed of off site for Part'A' works. For Part'B' works, a majority of material can be regraded on the adjacent fann field provided lt is covered with topsoil to match existing depths. Topsoil from this area is to be used as necessary to accommodate seeding for Part'B'. Excavation, and fill operations as required to complete proposed ditching The estimated quantities under this Item are as follows: Part 'A' Earth cut (excluding stripping) - 620 m3 Fill required ditching and roadworks - 300 m' Part `B' Earth cut (excluding stripping) - 1,135 m' Fill required ditching and roadworks - 0 m' 800 mm DIAMETER PLAIN GALVANIZED CORRUGATED STEEL PIPE CULVERT, RIVETED, 2.0 mm GAUGE -ITEM NO. A4 For the unit price bid, the Contractor shall supply all tabour, equipment and material to complete the following: SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-37 z. ' u • Excavation, embedment and Backfill. Backfill shall be approved Native material. • Embedment shall be Type 'B' Bedding in accordance with C-108. • All CSP material under this Item shall be Plain Galvanized Hel-Cor Lock Seam Corrugated Steel Pipe, 2.Omm gauge. • Standard annular, five corrugation couplers shall be used to accommodate section connections. Each coupler shall be covered with a 600 mm wide strip of geotextile, non-woven Armtec 200 and secured to the pipe at several locations with a bonding material to prevent dislocation during backfilling operations. RIP RAP ON GEOTEXTILE-ITEMS NO. A5, 63 AND C3 The work shall be pertormed in general compliance with the drawings, OPSS 511 and as directed by the Engineer. The contractor shall supply and place a protective covering of approved rock material at ditch inlets, and CSPA crossing as shown on the contract drawings All locations are to extend to a lateral distance and elevation as noted on the Contract drawings, or as directed by the Contract Administrator. Rock protection shall consist of sound, clean quarried stone to form a protective layer upon placement. Work under this Item includes placement of geotextile (360R) beneath all Rock Protection locations. Rock Protection atop geoteMile shall be placed without freefall. The quality of the stone shall be approved by the Engineer. Stone shall be of an angular shape and clear of all fines. Stone shall satisfy the following gradation requirements: Gradation Limits for Stone Protection at Ditching Invert 100% Smaller Than 300 mm 50% Larger Than 200 mm 80% Larger Than 100 mm Placement shall be carried out in such a manner that the surface of the finished rock protection shall have a uniform planelflat appearance, and be without segregation. ROCK FLOW CHECK - REMS NO. A6 AND 64 A rock check dam, as per OPSD 219.211, shall be installed at locations as shown on the Contract Drawings, and as directed by the Contract Administrator. The check dams shall be installed to span the width of the ditching. Rock to construct rack flow checks shall consist of sound, clean quarried stone. Work under this Item includes placement of geotextile at rock check dam as per OPSD 219.211. The quality of the stone shall be approved by the Engineer. Stone shall be of an angular shape and clear of all fines. Stone shall satisfy the following gradation requirements: SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-37 Gradation Limits for Stone Protection at Rock Flow Check locations 100% Smaller Than 200 mm 50% Larger Than 150 mm 50% Larger Than 100 mm 3. Placement shall be, carried out in such a manner that the surface of the finished rock protection shall have a uniform plane/flat appearance, and be without segregation. Payment for rock check dams shall be each, regardless of width, length or height. TOPSOIL (IMPORTED) -ITEM NO. A7 Screened topsoil shall be placed to a minimum depth of 100 mm in disturbed grass areas. The Contactor has the option of providing screened topsoil from the stripping stock pile in lieu of imported. The grading and depth of topsoil shall be approved by the Contract Administrator prior to placing sod. Any sod placed prior to approval of the topsoil shall be deemed to be unacceptable. Subsection 570.05.01 of OPSS 570, August 1990 is amended by the addition of the following: The topsoil shall be tested to ensure there are no deficiencies with respect to fertility levels. A copy of the topsoil testing report prepared by a certified agronomist shall be provided to the Contrail Administrator. The report shall document sal fertility levels and identify any deficiencies and how they are to be rectified. Payment for this testing shall be included in payment under the respective topsoil Items. If the topsoil does not meet fertility requirements the soils shall be treated with the required amendments as recommended by the topsoil analysis report at no additional cost ~ SOD (NURSERY, STAKED) - ffEM NO. A8 Subsections 571.07.05, 571.08.01 and 571.08.02 of OPSS 571, November 2001 is amended by the following: ' Replace "30 consecutive Days° with "120 consecutive Davs". Contractor should note that for the purpose of calculating consecutive days, the winter dormant period shall be excluded (see Table No. 1, OPSS 571). Clarington is considered to be in the'Southem Ontario' area and the winter dormant period is from November 1 to April 30, inclusive. Payment shall be made for 509'° of the quantity placed once deficiencies have been corrected from initial inspection and the remaining 50% shall be paid once all deficiencies have been corrected following final ' inspection at the end of the maintenance period. Payment shall be made under this Item for the placement of staked sod, in accordance with OPSD 218.01. Stakes used shall be wooden stakes. The unit price shall also cover removal of stakes upon complete germination, as direct by the Contract Administrator. The Contractor shall be responsible for the full cost of replacing deficient sod as determined by the Contract Administrator. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-37 4• SEED -ITEMS NO. A9 AND 85 Under these Items 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, cond'Rional upon local weather conditions. The location for the area to be seeded is indicated on the drawings. Grass seed shall meet the requirements of the Seed Act for: Canada Common No. 1 Kentucky Bluegrass. Seed mixtures shall be suited to the climate, soil conditions and type, orientation, sun exposure, terrain, establishment and maintenance conditions under which they are to be grown. Seed shall have a minimum germination rate of 85% and minimum purity of 97%, except where otherwise required by the specification of the seed mixture. The mixture shall be mixed and supplied by a recognized certified seed supplier. 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. Quality Assurance reviews of germination will be as per OPSS 572. The seed items for Part'B' shall include for placement and grading of topsoil from the excavation operations where necessary. For Part'A', topsoil is to be paid for under Item No. A7. Seeding operations can be carried over to spring of 2010 if conditions are unsuitable this fall. SAWCUTTING ASPHALT -ITEM NO. A10 Payment shall be made under these Items for the sawcutfing of all asphalt at the limits of all asphalt removal. The unit price shall cover sawcutting of asphalt at whatever depth of asphalt is encountered. The Contractor will be responsible for protecting the sawcut edge from damage until paving. Should the sawcut edge be damaged, the Contract Administrator can request that the asphalt be recut prior to paving at no additional cost. GRANULAR `A' -ITEMS NO. A71 AND A12 Payment shall be made under these Items for supply, placing and compacting Granular'A' to the following depths: • Private entrances, 150 mm of Granular'A'. • As required, to restore any disturbed shouldering. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-37 HOT MIX H.L: 3 -ITEM NO. A13 5. The Contractor shall supply all materials required for the proper execution of paving in acxordance with OPS 310. Asphalt shall be PGAC 58-28. The Marshall Stability for H.L: 3 shall be a minimum of 8900. Payment shall be made under these Items for the following work: • Paving of private entrances to a 50 mm depth, inGuding hand work, as required. TERRA SEEDING - ECOBLANKET -ITEM NO. B6 To be installed by: Hermanns Contracting Limited 1510 Hwy. 27 Schomberg, ON LOG 1T0 (905) 939-1230 OR Landsource Organix Ltd. 100 Britannia Road East Milton, Ontario, Canada LOP 1E0 1 877 548-8558 Web: www.landsourceorganix.com OR Approved Equal. The Contractor shall maintain the surtace in a functional condition for a period of one year. Contractor shall make periodic inspections of the Ecoblanket for effectiveness and shall immediately correct all deficiencies. Where deficiencies exist, additional material shall be installed immediately to required depth. Method of Measurement: All surfaces shall be measured by the square metre, complete in place. QUALITY ASSURANCE: Performance Measure: All Ecoblanket areas will be inspected to ensure compliance with this specification at the thirty day period following the operation. At the thirty day inspection within the seeded earth area, the surface shall be visually intact and shall form a uniform cohesive mat. Failure to Meet Performance Measure: If the completed work does not meet the Performance Measure after the thirty-day inspection, the areas shall be documented, and the Contractor shall be notified of those areas, and re-inspected at sixty days. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-37 6. If the completed work does not meet the Performance Measure after the sixty-day inspection, the Contractor shall re-apply the specked materials in accordance with this spec'fiicafion within 14 calendar days of receiving the notification. The Contractor shall maintain the site until conditions permit application or re-application of Ecoblanket. All replaced Ecoblanket shall be subject to the Quality Assurance section of this specification. Only areas disturbed as a result of necessary working operations shall be measured and paid for under this Item. Areas disturbed as a result of negligent or unnecessary operations by the Contractor, shall be restored at the Contractors expense. 1.0 Description: This work shall consist of furnishing, constructing and maintaining an EcoBlanket (to Rexius specifications. EcoBlanket is a ground cover (surface blanket) of the Rexius specified composUmulch (Erosion Blend) combined with a special additive (Microblend) constructed with a pneumatic blower to control and reduce soil erosion. An EcoBlanket stabilizes the soil, prevents splash, sheet and rill erosion, and removes suspended soil particles and contaminates from moving off the site and into adjacent waterways or storm conveyance systems. EcoBerm is a water permeable window (berm~of the Rexius specified compost/mulch (Erosion Blend) combined with a special additive (Microblend )constructed with a berm forming machine (BermBuilderTM) and pneumatic blower to control sediment by removing suspended soil particles and contaminants from water moving off of the site and into adjacent waterways or stormwater conveyance systems. 2.0 Material: The EcoBlanket and EcoBerm fiRering material consists of the Rexius Erosion Blend of compost and mulch materials, according to the Rexius particle sizing specifications, in combination with the Rexius Microblend additive. Particle size must meet exact specifications of the Rexius EcoBlanket Erosion Blend material and Rexius EcoBerm Erosion Blend material supplied by a certified supplier/installer. The compost portion of EcoBlanket and EcoBenn shall be derived from well-decomposed organic matter source produced by controlled aerobic (biological) decomposition that has been sanitized through the generation of heat and stabilized to the point that it is appropriate for this particular application. Compost material shall be processed through proper thermophilic composting, meeting the Canadian Council of Ministers of the Environment's (CCME) definition for a'process to further reduce pathogens' (PFRP). The compost portion shall meet the chemical, physical and biclogical properties (as outlined in the chart on reverse). These and all other required properties for the performance of the EcoBlanket are included in the Rexius EcoBlanket Manufacture Guidelines followed by certified suppliers/installers. Rexius Microblend additive shall be injected into Erosion Blend material at time of EcoBlanket and EcoBerm construction. A proof of certification as an EcoBlankeUEcoBerm supplier shall be submitted to the Engineer/Landscape Architect for approval prior to installation. Test results for EcoBlanket and EcoBerm performance shall be made available upon request. c~n~i.u• '...........~.... ~.~........ ..~-..- SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-37 7 Erosion Blend Material must meet Rexius' minimum specification requirements for seeding purposes. 3,0 Construction: The EcoBlanket shall be placed as shown on the plans or as directed by the Engineer. On areas with a sbpe of 2:1 or less, the EcoBlanket shall be uniformly applied directly at the soil surtace with a pneumatic blower as specified by Rexius. EcoBlanket shall be applied at a depth of 50 mm and approximately 90 cm over the top of the slope, or overlap it into existing vegetation. For EcoBlanket, Rexius Microblend shall be applied/injected at a minimum rate of 615 kgs per hectare (or as specified by Rexius), to be confirmed by inspector/project manager. EcoBlanket application depth may be modified based on specific site (e.g., soil characteristics, existing vegetation) and climate conditions, as well as particular project related requirements. Erosion blend material will be injected with seed during application. Seed Mix shall be Standard Roadside Mix as specified in Table 1 of OPSS No. 572. The compostlmulch component shall abide by the minimum standards set by Rexius for seeding. Do not use EcoBlankets in areas of concentrated flow (ie. ditches, streams, etc.). Unless otherwise allowed by Engineer, seeding shall be pertormed within the local region's seeding deadlines. 4.0 Maintenance: The Contractor shall maintain the EcoBlanket and EcoBerm in a functional condition at all times. Contractor shall make periodic inspections of the EcoBlanket and EcoBerm for effectiveness and shall immediately correct all deficiencies. Where deficiencies exist, additional EcoBlanket and EcoBerm material shall be installed imrr~diately to required depth. 5.0 Performance: Place EcoBlanket on denuded areas immediately or as directed by Engineer. Seed shall be applied as indicated on the Contract Drawings for additional erosion and sediment control. The work specified in the Section consists of designing, providing, and maintaining erosion and sedimentation controls as necessary. All existing and foreseeable future conditions that affect the work inside and outside the site limits must be acknowledged as the Contractor's responsibility. Contractor is responsible for providing effective sediment control measures based on performance. Contractor may, with approval from the Engineer, work outside the minimum construction requirements to establish a working erosion control system. MOBILIZATION ANO DEMOBILIZATION -ITEMS NO. A74, B7 AND C4 The contract price stated in the Tender Form for this Item shall be compensation for the following .1 Security protection of the Contractor's office, plant and sorted materials during the course of the Contract. 2 Moving onto the site and setting up the Contractor's office, storage facilities, plant, etc. 3 Providing all necessary access to the project including haul roads as required and the restoration of the surfaces to their original condition after the haul roads are removed. 4 Moving off the site and removal of the Contractor's office, storage facilities, plant, etc. Payment will be made as follows: SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL200937 $. r 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. BONDS, INSURANCE AND MAINTENANCE SECURITY -ITEMS NO. A75, 88 AND CS 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. FLUSHING OF CULVERTS -ITEM NO. C2 The unit price bid for this Item wiN be to flush all road cross culverts, for alt pipe diameters, within the subdivision as directed by the Contract Administrator. Flushing shall be considered complete when all sediment and debris are cleared from the culvert. The basis of payment will be for actual length of culvert flushed from inlet to outlet of the pipe. Excavation and removal of sediment flushed from the culvert shall be paid for under Item No. C1. Inverts at inlets and outlets shall be restored with either topsoil and sod or Rip Rap as directed by the Contract Administrator. Payment for restoration will be paid fro under Item Nos. C3, C4 or CS. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-37 DESIGN GUIDELINES SECTION 900 INSPECTION/CONSTRUCTION ' ~C~~[uN YQO INSPECTION, INATERUic ,IN/1 !'n]U(°Te,r~w~.rAi, ' _ .,.,~..avn rvv uvJl'C(,[IU/Y MATERULSANDCONSTRUCTI011~-36 i ' l.o c~xER~I, - 1.01 These guiddirKS are to fie aced in i subdivision ~w~.,„~~~~ 000iu~doa .vit6 me cordi0ioos set ot~ in me ^ Schedule wLw m ~u~~ ~e w~-l~rtxs Of UWtrea's Pngv~ ~ 1.02 The Owrter's Comsultiug Enginoa shall provide fuU-6me inspection and tort of all Weirs. 1.03 The Corsultiug Engineer shalt take extetrsive lands, and shall Pr0°oactruction photos o[ provide datedldesaibed capiej of such photogaaphs to the Mtmicipality, gg 1.04 Construcliort sites are a be rrrairusined a prevent unoecasuy ponding of ~. 1.05 Prior to requesting the mgtoctions (a 1e~) fiom the Mamcrpality, the Consulting Engineer shall veri the written request. ~ Proper compldion of the Works, and s~nri! a (.06 All egwpmenl, materials and methods involved in tnanch backfill, fillirtg, gtanulars, concrete and asphalt shall fie monitored and Certified as (,eotecluiical En ~ acceptable by the owners ° gmeer (see attached fomr). Udess rioted otherwise, the term "compacted" shalt meat 95 /. Stardard Proctor or higher (native rn~erials) and 98°/w Standard Proctor or higher (granular m~erials). Such certificatiorr shall be in a faro acceptable a the Director and shall include all supporting docurueotahgr ad test results. Mix designs for concrete C;eotechnical shall be obtained and approved by me Geotechnical Engineer. 'ILe Engineer shall ensure that the type. Gequerrcy, bcation and resuhs of all tests is sufficient a ensure ratification. Frnthennore, the Geoteclutical Engineer shall ensure all results for a given stage of corrstruction are of corrstructiorr acceptable prior to commencing ttre next stage ' 2.0 STORM SEWERS ' 2.01 All materials shall be visually inspected by the Consulting Engineer upon delivery, to ensure conformity with specifications and the approved engineering drawings, and to ensure any damaged/substandard material is marked and removed from the site immediately. ' 2.02 Installation of storm sewers shall be continually monitored for adherence to proper bedding, pipe laying, backfilling and compaction procedures. All storm sewers, catchbasins and manholes shall be constructed true to line and grade. Street catchbasins aze to be installed in precise alignment with curt 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 marholes and catchbasins shall be checked for excess brickwork prior to roadbuilding. { a.a~ca,^ivnyoL9f[CKIAL,),91YDCONSTRUCTI011~37 INSPECTION,MATERGILS,INpCONSTRUCTI011~37 , 2.03 Tteach wi~hs shall be kept at a tttiaimttm, while pmvrdag ptopa widths to eatable t mechanical txatpat~ion. All hunching must adhere to Mmirtry of Labour regttitemt~s. 2.04 Mtttthohs are to be bat#Slled witlt compacted smd, etctmding min. 1.0 m from the outside face of the shtrdure. (Gtchbasins min 300mm boa We Gce of the ixnrt~tre). 2.05 House coonogioas shall extend 1.5 m into the lots std be plugged with approved removable phtgs. Bolding shall 6e as per approved staodud drawing. Tors stall be pre- tnanufactmed far pipes 450nrm diameter and smaller, cored (oa site) if 525tm diamda or larger, and shall be secure and watertight The invert of all tan shall be located above the springline of the sewer main and shall 6e a minimum of 600mro from the aearast adjacent tee or joint, unless approved otherwise. , 2.06 Concrete pipers mtoJout of ntartholes dtall be cortcrde cradled procisely to the fast joint 2.07 Ail storm sewers, including sued std reaz yard catchbasia Itads (and individual service , laterals where dir+ected), shall be inspected using approved high quality video recording equipment std procedures. The inspection shall be carried out in a maurrer acceptable to , the Municipality and all video tapes shall be submitted to the Municipality for review and petmatrent storage. Video re-inspections may also be requested. 2.08 Infiltration shall not be petnrittod mto the slam sewer system. All leaks shall be , investigated b ddennine their source and shall be corrected to the satisfaction of the Municipality. 2 09 , . Pipes which have failed in any manner, inchrding sacking (0.3mm design loading cracks excepted), exposed reinforcing or other defects, shall be removed and replaced to the ti f i sa s act on of the IArector. No repairs shall be undertaken without the consent and the , direct supervision of the Municipality. 3 0 . BACKFIQ.LING, GRADBVG AND GRANULAR ROAD BASE 3.01 Baclcfill containing organic or how material, or excessively moist material which , cannot support convrntional compaction equipment, shall be deemed unsuitable and shall not be used. The initial lift of native backfill shall not exceed LO m in depth above the compacted sand cover over the storm sewer and each additional lift shall be placed in layers not exceeding 300mm loose measuremrnt (unless pre-authorized by the Geotechnical Engineer). Each lift shall be compacted until it has achieved the specified d ensity before any additional lifts aze placed. ' 3.02 Backfilling operations shall follow pipe inslallalion as cbsely as possible and be limited to 75 metres of open trench maximum. •~'~• •;~' `vf•, m.~ ~c[u~4i AND CONSTRUCTTON-38 ' INSPECTION, M.lTERULSAND CONSTRUCTION-38 { 3.03 The Gent shag dolt ~ sequential tnder, ~. inchtdirg failttns and nests, in kept at the site han7er, 'm~~' '°d1 ~ Pmt. A copy of all test results sM11 be and protik drawings. P1°~g daily Plotting of ap test results oa the phm ' 3.04 'rne Pirgineer shall ensues that the subgtade is tine graded to the oarect ' width, and West the minimum 3Y. crossfaq is longitudinal n~ permitted. The Geotedmical fitly mainisitted' wiW tro measures to assess the suitability of We shall employ rq~proptiate testing 1 appropriate rooommeadations to the a'we' Proof-rolling, and ah~l amke Possible, loalized soft areas in ~ l~ E°~°0~ and Muninicipaltyh'• Whenever material, not gtattalar m~erial. yyhm~b i ~~ ~ ~~ with suitable m~ive ' considered oa a street by street basis. Subdrainc t~s amst be used, Wey shtwld be 10:1 first must tlrer be lower+od accordio6ly, and tapers must tie provided. ' 3.05 Subdrains shall tie installed only after the ~e has been proof-rolled and dte t d ~ oa structutt tress bceu fimlized. Subdnins shal l trerrch conditi ~ mstalkd hue to line and grade, im a on h ' , s all be backfilled with approved granular material having aggregates not exceeding 19wn. All subdraims sha116e supplied with a 51ter sock, 3-~ The Geotechnical Engineer shall con<mr (n a form acceptable to the Munici ality) the b ' p accepla rhty of each stage of roadbuilding prior to subsequent stages cAmrmarcing. Subse uem sta f q ges o road construction shall not proceed without approval hem Municipal staff. 3.07 After base nubs are installed, all Granular B must be regraded and verified by Municipal staff prior to lacin G l ' p g ranu ar A. (Any Granulaz A placed prior to base curbs shall be considered Granular B). 3.08 Granular material shall be tested in accordance with the latest O.PS.S. specifications. Material shall be tested at the pit and also it i ' as arr ves on site. Material not conforming to the specifications shall be rejected and removed from site . ' 4.0 CONCRETE WORKS 4.O1 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be monitored and all ap licable t t p es s (compressive strength, slump, air entrainment, etc.) shall be varied out by Urc Geotechnical Engineer as specified in a d ' ccor ance 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 M i i ' un c pality s standard drawings and shall be completed as early as practical and before any initial crackin occur L g s- arge cracks or several INSPECTION, MATERUys,!!yp CONSTRUCTION-39 s<trallex txacks 6ettvau contraction joints in takes will regaire removal sad rgdacatteot of that section of true. SidewaUcs with tlistiact taactcs tviU also require rephttxrnat. 4.03 Curing oorupotmd ahaU be gntaously applied to aU exposed ooktxete stkfiicts, regudltxs of ambient teatparattkes or season, between 1 and 2 hocks of 6nishiug. 4.04 All curbs to be phad asins approved crab machines. Excess concrete fortuod dwipg curb ttrachine plaoatteat shall be promptly trimmed and removed prior to sdtrog. the minimum leaglk of cm6 to be reatovod and replaced sftaU be I.5 m. No conaete patch repairs shall 6e ptxmitted. 4.05 Prior to plaoanwt of top curb, base cmb shall be cleaned and then in~ted by Municipal staff Base ukb and startups shall be repaired and/or replaced as diroctod. a.06 The depW of top takb at the edge of pavungtt shat! not be less than I OOmm and Mall be continually verified by Ute Consulting Engines. 4.07 Immediately prior to the placement oC top curb or sidewaUc, We existing surface shall be dampeaod with water to prevent (caching of moisture flan ~e 6esh concrcte. 4.08 Driveways to be as per approved house siting plans, with minimum widtlu of 4.tim for single detached homes. 5.0 ASPHALT PAVFJt1ENT 5.01 All asphalt pavanent materials shall be supplied by MTO approved sources, in accordance with OP$S 310, 1003 and IlSO (latest revisions Urereo(). MarshalVextractiaJdensity tests shall be cartied out by the GeotecArnical Engineer in accordance with OPSS and relating to the approved mix design. Note: Provincial and Municipal projects differ with respect to contras administration, paving project sizes, Quality ControUQuality Assurance procedures and testing ficquencies. As such, several OPSS specifications are riot appropriate for Municipal use and shall not apply, as determined in the sole discretion of the Director. Since current testing methods do not enable ongoing monitoring (and therefore corrective action) of the asphalt,11re 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 cortective action' based on notification of laboratory test results shall be deleted and the product deemed unacceptable. le. OPSS D310.08.04.02 which permits air voids beyond acceptable limits, provided the contractor takes `immediate corrective action' shall not apply. Unacceptable wotlc shall be immediately removed. Financial compensation using MTO formulas {to offset service life reduGion 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. .••~• •;~••~~., ma~C~fIAL3 AND CONSTRUC77o1--_..sn INSPECTION, MATERUL.SAND CONSTRUC170N--40 1 5.02 Prior to placing tartface asphalt, base ~t rhaU be swept clean of all dirt. debris and dust. Areas of base asphalt shall be trmoved and rephwxd as sawcut at alt ptaitneters. The use of a Gen-Grid or >ppt+a~~~ed' ~8 a vetUnl directed by the Mmicgrality. I.ow loess shall 6e padded b htstasircface tttu of uniform tttiduess. 5.03 ~~~ is b 6e precisely raised b fuel ~, sad vtxitiod by the ~'eloper's P.ogiaeer and Municipal daft 5.04 Tack coat shall be applied Just poor to surface paving oper~~~ sad shall 6e allowed to ' dry until it is io a proper condition of tadtioess. The kogtb of toad limited b the immediate M~8 aecfion, b reduce ~` t~Par'0d s1u116e the rate of 0.4 6hes/ rn ~g• It shall be evenly rpplied at surfaces. ~' ~8 are not to spray curbs. sidewalks a my other adjacent ' SOS the co aY P~8 dull be fully irrspocted sad verified for depths of stone and asphah, and mpactioa thereof, and ettstaing tlrat aspltall is at a sutficieat t p1a ~ errt. lII3A (FQ3F) will not be peroitted, except in special the ' app val of the Director. Cro Materials t rru wag °r fO~OB of the limestone will not be puaritted. ~ Y be required for driveway apron gravel and asphalt, as dirodod. ' 6.0 TOPSOQ S~1-Il'-C AND SEEDING ' 6.01 All areas requiring sod s6a11 first 6e fine then prepared with IOOmm of soil ~~' uuP~'aed by the Consulting Enpmcer, requirements of OPSS 570 and 571,9 addiu~ to- Topsoil and soddu~ sb~l meet tl~e ' set out in these ~tn8 any additional requirentenls 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 frce from native till or clay, roots, vegetation, weeds or debris, stones and clods over SOmm in diameter Imported topsoil, if required, shall be fertile, barmy, screened material of a quality acceptable to the Director (containing a~roximately 4°/, ' organic matter for clay looms and 2"/, minimum organic matter for sandy loam with acidity range of 6.0 PH). Topsoil infested by the seeds oC noxious weeds will not be acceptable. 6.03 All sod shall meet the requirements of Ontario Sod Growers Association No. 1 Bluegrass Fescue Nursery sod- The sod shall be taken from good loamy soil and shall be healthy, ' welt permeated with roots, have uniform texture and appear-erne and be free from weeds Sod must be laid within thirty-six (36) hours of being cut. Care must be taken doting 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 betaken to ensure •....L...,~.,,,.,~,~C~~~yoCONSTRUCTION-4l ' INSPECTION, MATERULSAND CONSTRUCTION-41 ' i age ~ tt>tingined and a atnoot6 transition is achieved. On slopes 3:1 and steeper, sod shall be stated m requited. 6.04 iasrodro~ be immedituely rolled to produce m even surface and watering shall ' mtme~diately q~sea@a and shall oontiave oa a re~alar basis ~I heaU6y roots ate well establisied and pp~~ If sod fails to eshb6sh - removed and replaced, No attempt shall be made to ~ ~' it tall be ' gY ro~staMish weak/dead sod ea~tireu~work shall be d ~ ~ N O° ~ 8~od by the Diroctar. The professiemal ¢~ gMY orkmardt7~e mama with m eves surface, and ' '- ~Y and deemed mt6t by the Dirocbr ahaH be imoaediudy removed 6om site and rcphtcetl. In this regal, rt is in the best interest of the eoahactor to communicate With residaNs regarding the needs ofnewly laid sod ova the fitat year. 6.05 Where approved by the MuaicipaGty, hydraulic seeding and mukhin ma be provided that it oonfornu to the Ontario provincial Standard Speci6ca6on AIo. 5~~~ 1 ~~ f~ ~~ ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-37 STANDARD DRAWINGS P:1Dept 12112-29677-151SpecslStandDraw.doc ...... ~ .............. . v v CONTRACT No_ c~2nn4_s~ PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2009-37 STANDARD NO. DESCRIPTION C- 108 STORM SEWER TRENCH BEDDING OPSD- 218.01 SODDING OF SIDE SLOPES 219.211 ROCK FLOW CHECK DAM, FLAT BOTTOM DITCH CO/IPACIED SWo 9es sPo COMPACTED 19 mm CRUSHER RUN LIMESTONE 9070 SPo CLASS 8 B nnwc BEDDING AND CLEARANCE 915OE PIPE DWIETER d(MIN) w (MW) w m Sao 1ao 500 1050 AND LARGER 150 500 A0 dimsnalons oro in m//msksa uNsst oNlsrwlsa noNM. st~oN Na STORM SEWER TRENCH BEDDING ~ n~ C-108 ~ ~ ~ ~ ~ ~ i ! ~ ~ ~ ~ ~ ~ ~ ~ ~ i A ,~ \ . + ~~ ~- /'/• ' / / / , ..,.~ 1. on Y:: ;Jod surfeaerptrr NO I NOtES: A I A fer opplicotion to designotad oraoa. B B AIt dimensions ore in mlliimetres unless otherwise shown. w ~. . SODDING OF SIDE SLOPES 'r ~_i /._ ~~ `3uevba. ei.wtion on roadway troMslep. pate 1980 09 IQ ~ Revd 2 Oate r _,___ OPSD- 218.01 I- i ~ I DirectionJlf7~Lof flow V At I SECTION A-A 1 s0 V I I I ~~(/~' Spillway _ / ~ \ i- Geotextile Rock SECTION 8-8 NOTE: A All dimensions are in millimetres unless otherwise shown. pillway A Direction of flow Trench to be backtilled and compacted 300mm min of geotextile in trench zoo Nov 2006 Rev ROCK FLOW CHECK DAM ---------- a~ s FLAT BOTTOM DITCH - - - - - - - - - - ~'t-" OPSD 219.21 1 PLAN B SPILLWAY I I ^ -~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-37 OP5 GENERAL CONDITIONS OF CONTRACT (November 2006) ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS /~~p STgHO~ _'~ 9 ~ O P N ~ e GENERAL CONDITIONS OF CONTRACT (November 2006) /a s.~ ;a;---~ ~` Ontario Provincial Standards METRIC o ~ ~,~ for OPSS.AAUNI 100 ~~ a ~~; Roads and Public Works November 2006 '¢'s~ vaoi~~ OP5 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 Deftnitions ............................................................................................ .................. 6 GC 1.05 Substantial Perfortnance ...................................................................... ................11 GC 1.06 Comptefion ........................................................................................... ................ t t GC 1.07 Final Acceptance ................................................................................. ................11 GC 1.08 Interpretation of Certain Wwds ...........................................................: ................ 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 Wonting Drawings ..............................................................•---................. .............15 GC 3.03 Right of the Contract Administrator to Modify Metlrods and Equipment . .............16 GC 3.04 Emergency Situations ............................................................................. .............16 GC 3.05 Layout ..................................................................................................... .............16 GC 3.06 Extensron of Contract Time ..................................................................... .............16 GC 3.07 Delays ..................................................................................................... .............17 GC 3.08 Assignment of Contract ........................................................................... .............17 GC 3.09 Subcontracting by the Contractor ........................................................... .............18 ~° t lieu. ate: 112006 OPSS.tdllNl 700 GC 3.10 Changes ....................................:................................................................. .........18 GC 3.10.01 Changes in the Work ..........................................................................:........ ........1 S GC 3:10:02 6ctra 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 Substamtrat 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 Righfs of Both Parties .................................................................................. ........ 21 GC 3.14 Arbitratiori ..................................................................................................... ........ 21 GC 3.14.01 Conditions for Arbitratron ............................................................................. ........ 21 GC 3.14.02 Arbitration Procedure .....................:............................................................. ........ 22 GC 3.14.03 Appantment 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 ConsWction Affecting RaAway Property .:............................... ............................ 25 GC 4.05 Default by the Contractor ......................................................... ............................ 25 GC 4.06 Contractor's Rght to Correct a Default ............................_...... ..................:.........25 Paget Rev. Oate: 1112008 OPSS.MUNI 100 GC 4.07 Owners Right to Correll a Default .................................................... .................. 26 GC 4.08 Termination of Contractors Right to Continue the Work ................... ..................26 GC 4.09 Final Payment to Contracior .............................................................. .................. 26 GC 4.10 Termination of the Contract .....................................:......................... .................. 26 GC 4.11 Continuation of Contractors Obpgations ........................................... .................. 27 GG 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 Material ............................................................... .................. 29 GC 5.05.02 Care of Material .... . ...... .................................................................. ..................29 SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons, and Property ............................... .......................... 31 GC 6.02 Indemnification ........................................................................... .......................... 31 GC 6.03 Contractors 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 Properly. 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: 11/200ri 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 Vehides or Other Equipment ........................................................ .....40 GC 7.05 Excess Loading of Motor Vehides .................................................................... .....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 Limitatrons of Operations .................................................................................. .....43 GC 7.15 Cleaning Up Before Acceptance ....................................................................... .....43 GC 7.18 Warranty ....................................................................:.................... ................... ...43 .. GC 7.17 Contractors 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 Hddback Release Payment Certificates ......................................................... ....48 GC 8.02.03.06 Certification of Comple6on ............................................................................... .... 49 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Cerfificates ..................................,.................................................... ....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 Owners Set-0ff ................................................................................................ .... 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 Deftnitions ........................................................................................................ .... 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 GG 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 S Rev. Data: 112006 OPSS.MUNI 100 ,~ ~' SECTION GC 1.0 -INTERPRETATION GC 1.01 Captions 01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference 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 bek>w 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 Soaery 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.WeldingBureau "GC" - General Conditions "ISO" - Intemalional Organization for Standardization "MOE" - Ontario Ministry of the Envirorvnent "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Contrd 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° - Standazds 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 singulaz throughout the Contract Documents shall be considered to inGude the feminine and the plural and vice versa, as the content 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 Dosing. Paso 6 R@V. D~fe: 11/2006 OPSS.MUNI 100 ~/ Addtional 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 pertomied. 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, F~ctra Work, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupational Heakh and Safety Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract .means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities, and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership, or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of Contract, Standard Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contrail Document before the exewtion 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. irxiude 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 Substanfial Perfomrance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. Page ~ Rev. Date: 11/2006 OPSS.MUNI 100 Contractor means the person, partnership, w corporation undertaking the Work as identified in the Agreement Controlling Operation means any component of the Wwk that, if delayed, may delay the completion of the Work. Coat Plus has the same meaning as'Time and Material " Cut-Off Dat® 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 w 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 w Plans mean any Contract Drawings or Contract Plans, w any Working Drawings or Working Plans, w any reproductions of drawings w plans pertaining to the Work. End Resuk SpeciRcation means specifications that require the Contractor to be responsible for supplying a product w part of the Work. The Owner accepts or rejects the final product w 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 normaNy referred to as construction machinery and equipment. Estimate means a calculation of the quantity w cost of the Work w 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 tllat 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 ail items of work completed under the Contract, incuding variations in tender items and Extra Work, all as set out in the same general form. as the mouthy estimates. Force Account has the same meaning as "Time and Material ° Geotechnical Report means a report or otller information identifying soil, rock, and ground water conditiorls 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 w implements of the trade and include small power tools. Highway means a common .and public highway any part of that is intended for w used by the. general public for the passage of vehicles and indudes the area between the lateral property lines thereof. Lot means a specific quantity of material w a specfic amount of consfructon normally from a single source and produced by the same process. PageB Rev. Rafe: 11l'L006 OPSS.MUNI 100 Lump Sum kem 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 Tarnished 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 [o be done. Quarried Rock means material removed from an open excavation made in a slid 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 rode 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 Administratbn 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 sbpe. 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 perormance of the Work. Subbase means a layer of material of specified type and thickness between the Subgrade and the Base. Page 9 Rev. Date: i1rt006 OPSS.MUNI 700 s 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 stnx;tures, 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 Gause GC 8.02.04, Payment on a Time and. s Material Basis. Where 'Cost Ptus" 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 inGudes 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 ar 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 [he 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 Oay as determined by the Contract Administrator, on which the Contractor is prevented by irtGerrrent weather or conditions resulting immediately therefrom, from proceeding with a ControlFng Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot proceed with at least 60°~ of the normal labour and Equipment force eifectivety engaged on the Controtiing Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a Contrdling Operation, as determined by the Contract Administrator by reason of, i. arty breach of the Contract by the Owner or if such prevention is due to the Owner, another contracts hired by the Owner, or an employee of any one of them, or by anyone else acting. ort t>~talf of the Owner. ii. non-delivery of Owner supplied Materials. iii. arty cause beyond the reasonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator. P~ to ~. oats: ttrzoos oPSS.MUrtt too 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 Contrail 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 [he Contrail price, ii. 2°k 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 fhe 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 determiningSubstantial Performance. GC t.OB 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 ail 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 tl1e context Dearly indicates otherwise. Page 11 Rev. Dale: 11r2006 OPSS.MUNI 100 SECTION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .Ot The Owner warrants that the information furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The bcation of all mainline underground U4lities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3 m vertical .02 The Owner does not warrant or make any representation with respect to: a) interpretations of data or opinions expressed in any Subsurface Report available for the perusal of the Confractor, whether or not such report is inGuded as part of the Contract Documents, and b) other information specifically exGuded from this warranty. GC 2.02 Order of Precedence 01 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and 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 folowing 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. DaOg: 1112006 OPSS.MUNI t00 c) Detailed Drawings shall govem over general Drawings; and d) Drawings of a later date shall govem over those of an eadier date in the same series. .03 In the even[ of any inconsistency or conflict in the contents of Standard Specifications the following descending order of precedence shall govem: 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 tl1e 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. 'J Page 13 Rev. Date: 1112006 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 Gaims, 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 Spedfications, and to record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices w 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. .OS The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's subertissions such as shop drawings, product data, and samples in accordance with the Contract, Documents: .06 The Contract Administrator shall investigate all allegations of a Charge 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 ao 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 interprel~ of the Contract Documents and the judge of the performance thereunder by both parties to the Contract. Interpretations and deasions of the Contract Administrator shall be consistent with the intent of the Contract Documents and, in making these decisions, the Contract Administrator shah not show partiality to either party. .10 The Contract Administrator shalt 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 otlrer act or omission of the Contractor and whether or not incorporated in the Work; or otherwise fails to conform to the Contract Documents, then the Contractor shah 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 b the Owner. Page 14 Rev, DaM: 11!2006 OPSS.MUNI 100 E J 13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not pertonned 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 noncompliance 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. ~~~JJJ 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 Ad 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 Beady identified and dated Working Drawings as called for by the Contract Documents. .02 The Contractor shall submit Working Drawings to the Contrail Administrator with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contrail Administrator so requests, they shall jantly 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 aril return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contreil 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 tl1e Working Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in venting by the Contrail Administrator. - j~_, Page 15 Rev. Dale: 1112006 OPSS.MUNI 100 .OS The Contractor shall make any changes in Working Drawings that the Contract Administrator may requKe to make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the Contrail Administrator. When resubmitting, Ote Contractor shah. notify the Contract Administrator in writing of any revisions other than arose requested by the Contract Administrator .06 Work related to the Working Drawings shall not proceed untN 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. i GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the method, Equipment, or work force at any time the Contrail Administrator considers [he Contractor's ailions 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 sous to avoid interference with worfc being perforated by others. .03 Notwithstanding the foregoing, the Contrailor shall ensure that all necessary safety precautions and protection are maintained throughout the Work. GG 3.04 Emergency Situations .01 The Contrail 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 Contrailor is not available, the Contrail Administrator may direct others to remedy the situation. .02 If the emergency situation was the fault of the Contrailor, the remedial work shah 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 infomta6on for the general location, alignment, and elevation of the Work. The Owner shah 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 indude the foNowing: a) Delays, subsectbn GC 3.07. b) Changes in the Work, dause GC 3.10.01. c) Extra Work, Gause GC 3.10.02. Pegs 16 Ftev. Date: 1112006 OPSSMUNI 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 urxler subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or f) archaeological finds in accordance with subsection GC 3.15, Archaeokx3icel Finds, then the Contractor shall tie 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 Contractors application, submit evidence from Environment Canada in support of such application. Extension of Contract Time maybe 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, induding lock-outs decreed or recommended to its members by a recogn¢ed contractors association, of which the Contractor is a member or to which the Contractor is otherwise bound, are beyond the Contractors 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 [o 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: 1112006 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 speafied 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 ratification 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 sha{I be in writing and shall include the reasons for the rejecton. 04 The Contractor shah not without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with this subsection. .05 The Contrailor shall preserve and protect the rights of the parties under Oie 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 omissons of persons directly empoyed by the Contractor. .06 The Owner's consent to subcontracting by the Contractor shall not be consWed to relieve the Contractor from any obligation under the Contrail and shah 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 ordet in writing, make a Change in the Work without invalidating the Contrail: The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Order or Change birective. Upon the receipt of such Change OMer or Change Directive the Contractor shah proceed with the Change in the Work. .02 The Contracts may apply for an extension of Contract Time according to the terms of subsection GC 3.06, 6ctension of Contract Time. 03 If the Charxfe in the Work relates solely to quantities, payment for that part of the Work shah be made according to the conditions specified in clause GC 8.01.02, Variations in Tender Quanfitles. If the Change in the Work does rat solely relate to quantities, then either the Oumer or the Contractor may initiate negotiations upwards or downwards for the adjustment of the Ca~tract 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 to ItBV. DaM: 11r2008 OPSS.MUNI 100 GC 3.10.02 Extra Work .Ot The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. A2 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for .the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in dause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additiara ial Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsecticn GC 3.06, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis „~ GC 3.11 Notices .01 Any notice permitted or required to be given to the Contrad Administrator or the Superintendent in reseed of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimile transmission and on the fifth Day after the date of mailing, 'rf sent by mail .02 The Contractor and the Owner shall provide each other with the mail and email addresses; pager, ceN phone, and telephone numbers; and facsimile temNnai numbers for the Contract Administrator and the Superintendent at the commencernent of the Work, and update as necessary. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC of the Work Prior to Substantial Performance 12 Use and Occu anc 3 p y . .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that at least 30 Days written notice has been given to the Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall no[ constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Wark shall not relieve the Contractor or the Contractors Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract Page 19 Rev. Date: 1112006 OPSS.MUNI 100 Documents. The Owner shall be responsible fw any damage that occurs because of the Owner's use w occupancy.. Such use or occupancy of any part of the Work by the Owner does not waive the Owners right to charge the Contractw Ipuidated damages in accordance with the terms of the Contract. GC 3.13 Claims, Negotiations, Mediation GC 3.13.01 Continuance of the Work .01 Unless the Contract. has been terminated or completed, the Contractw shall in every case, after serving or receiving any notification of a daim w dispute, verbal w written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shalt not jeopardize any claim it may have- GC 3.13.02 Record Keeping .01 Immediately upon commencing work that may resuR in a daim, the Conractw shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Dairy Work Records to be used in assessing the Contractor's daim, all in accordance with dause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shag attempt to reconcile their respective .Daily Work Records on a dairy basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcle their respective Daily Work Records, then the Contractor shall submit its Daily Work Recwds as part of its claim, whereby the resolution of the dispute about the Daily Work Recwds shall not be resolved until there is a resolution of the claim. 03 The keeping of Daily Work Records 6y the Contract Administrator w the recondling of such Daily Work Recwds with those of the Contradw shall not be construed to be acceptance of the claim. GC 3.13A3 Claims Procedure .Ot The Contractor shall 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 arty part of the Work that may be affected by Ne situation. .03 The Contractor shall submit detailed Gaims as soon as reasonably possible and in any event no later than 30 Days after completiwr of the work affected by the situation. The detailed daim shall: a) identify the item w items in respect of which the claim arises; b) state the grounds, contractual w otherwise, upon which the Gaim is made; and c) indude the Records maintained by the Contractor supporting such Gaim. In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Withrcr 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the daim. The Contractor shall submit the requested information witliin 30 Days of receipt of such request. Page ~ Rev. Dale: 1112008 OPSS.MUNI 100 .05 Within 90 Days of receipt of the detailed claim, the Contract Adrninistrator 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 Gause 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 [o arbitration the mediator shall provide, wittwut 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. .OS 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 Gaim 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 renundation 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 Gause GC 3.13.05, Mediation, either parry may invoke the provisions of subsection GC 3.14, Arbitration, by giving written notice to the other party. page 21 Rev. Date: 1112006 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 paragr~h GC 3.13.03.05. .03 The parties shall be bound by the deasion of the arbitrator. .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shah apply to any arbitration conducted hereunder except to the extent that they are modified by the. express provisons of subsection GC 3.14, Arbitration. GC 3.14.02 Arbitration Procedure .Ot 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) AN existing actions in respect of the matters under arbitration shall be stayed pending arbitration; b) Aq 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 .Ot The arbitrator shall be mu6rapy agreed upon by the Owner and Contractor to adjudicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days aker the last appointee was chosen or they shat) 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 finanaatiy in the Contract nor in either party's business and shalt 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 rases in court but may hear and consider any evidence that the arbitrator considers relevant .07 The hearing shalt commence within 90 Days of the appointment of the arbitrator. GC 3.14.04 Costs .Ot 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 appanted to assist the arbitrator shalt be shared equally by the Owner and the Contractor. Page ~ Rev. DaOe: 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 l~wner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.14.05 The Decisbn 01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with Gause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify [he 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 Contrail Administrator in wilting, 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 afl reasonable action to minimize additional costs that may accrue as a result of any work stoppage. p~ Zg Rev. Dale: 112006 OPSS.MUNI 100 SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working:Area .Ot 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 A2 The Geotechnical Report aril 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 .Ot 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 .Ot The Owner shall identify in the Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposition. .02 In accordance with regulations under the Occupational Health and Sa(efy Act, R.S.O. 1990, c.0.1, as amended, the Owner advises that, a) [he desgnated 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, rrpca, and Portland cement; and d) exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, driNing, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous materials other than those identfed 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 tort have been reasonably foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra Work. Page 24 Rev, Data: 11/2000 OPSS.MUNI 100 O6 Prior to commencement of the Work, the Owr~r 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 Contrail, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property Ot The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are solely a function of the Contractor's chosen method of completing the Work. .02 Every precaution shall be taken by the Contractor to protect 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 Ot If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work propedy or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractors contractual obligafions and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. 02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractors insolvency or if a receiver is appointed because of the Contractor's insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract. GC 4.06 Contractor's Right to Correct a Default .Ot 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 corective measures have been taken. .02 If the correction of the defauH cannot be completed within the 5 full Working Days following receipt of the nofice, 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 con'ecfion; and c) completes the correction in accordance with such schedule. Page 26 Rev. Gate: 112006 OPSS.MUNi 100 • L! GC 4.07 Owner's Right to Correct Default .Ot If the Contractor fails to correct the default within the time speafied in subsection GC 4.06, Contractor's Right to Correct a Defauk, or subsequently agreed upon, the Owner, without prejudice to any other right or remedy the Owner may have, may cortect such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor. GC 4.08 Tenninatbn of Contractor's Right to Continue the Work .Ot Where the Contractor fails to correct a default within the time speafied in subsection GC 4.06, Contractor's Right to Correct a Defauk, 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 temanates the Contractor's right to continue with the Work in whole or in part, the Owner shall be entitled to, a) take possessbn of the Working Area a 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 inwrporated 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) drarge 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 fo 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 shale pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC 4.10 Termination of the Contract .Ot Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contract by giving written notice of terrnination to the Contractor, the Surety, and any trustee or receiver acting on behak of the Contractor's estate or creditors. P~ ~. Rev. Oate: 11!2006 OPSS.MtINt 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 CorNractor's Obligations .Ot The Contractor's obligation under the Contract as to quality, correction, and waranty 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 .Ot 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 ttwse adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. r r 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 thvner, 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 .Ot All Material supplied by the Contrector 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 tesfing, 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. .OS The Contractor shall. nofify 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. .O6 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 fa 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 Contras Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents. GC 5.03 Re}ected Material .Ot Rejected Material shall be removed from the Working Area expeditiously after the rwfificafion to that effect from the Contract Administrator. Where the Contractor fails to comply with suds notice, the Contras Administrator may cause the rejected Material to be removed from the Working Area and disposed of, in what the Contras Administrator considers to be the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges. t~ za Rs~. oars: t moos ovss.MUNI too 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 th the Contract Administrator to substitute another Material identified by a different trade or other name for the Matedal 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 titl d en e 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 .Ot Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete fhe Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material suppled 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 salsfaclon of the Contrail Adrrrinistrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it shat remain in the care and at the risk of the Contractor un01 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 quanltes 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 ar deficiencies. Where damage or deficiencies are not so reported, it shall be assurrred that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shah be made good by the Contractor at no extra cost to the (Tuner. Page 29 Rev. Date: 17/2006 OPSS.MUNI 100 1 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 wdtten permission of the Contract Administrator, be used by the Contractor for purposes other than the pertomiance of the Work under the Contract. t 05 Empry 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 their original purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents. O6 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 Contrail, the Contractor shall, at no extra cost to the Owrier, immediately upon commencement of operations, check the Material, report any damage or defcencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or defiaenaes are not so recorded by the Contractor, if 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 extre cost to the Owner j P>~ ~ Rev. Date: 1112008 OPSS.MUNI t00 SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .Ot The Contractor, the Contractor's agents, and all workers empbyed by or under the control of the Contractor, induding 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 all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contracts is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the tens of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within t 5 Days of occurtence of inddent, or as soon as possible. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war; b) blockades and civil commotions; c) enors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and empbyees, 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 .Ot The Contractor shall indemnify and hdd harmless the Owner and the Contract Administrator, their elected offx:ials, agents, officers, and employees from and against all daims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by thkd parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the pertormance of or the failure to perform the Work, provided such daims are, a) attributable to bodily injury, sickness, disease, a death or to damage to or destruction of tangible property: b) caused by negligent acts or omissions of the Contractor a 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. Dale: 112006 OPSS.MUNI 100 .02 The Contractor shall indemnify and hold harmless the Owner from ati and every daim for damages, royalties or fees for the infringement of any patented invention or copyright orx:asioned by the Contractor in connection with the Work performed or Material famished by the Contractor under the Contract. 03 The Owner expressly waives the right to indemnity far 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 offidals, agents, officers, and employees from and against all daims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contracor's performance of the Contract that are attributable to a lads of or defect in title or an alleged lack of or defect in title to the Working Area. .OS 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 dauses GC 6.03.02 and GC 6.03.03. Insurance coverage in Causes GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall onty appty 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 Administrate 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 vafid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General Liability Insurance .01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less !hart five million dollars inclusive per occurtertce for bodily injury, death, and damage to properly including bss of use thereof, with a property damage deductible of not more than $5,000. The forth of this insurance shati 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 shall maintain in force such policies of insurance specified by the Contrail Documents at all times from the commencement of the Work until the end ~ any Warranty period or as otherwise required by the Contrail Documents. 04 The Contractor shall submit annually to the Owner, proof of continuation of the completed operations coverage and, if the Contractor fails [o do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), shah not be binding on the Owner. Page ~ Rev. Date: 11!2006 OPSS.MUNI 100 .05 Should the Contractor decide not to empty 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 pncellation, change or amendment restricting coverage. .07 "Claims Made" insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance Ot Automobile liability insurance in respect of licensed 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 O7 Aircraft liability insurance with respect to owned or non-owned aircraft used directty or indirec0y in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dolars inclusive per occurrence for bodily injury, death, and damage to properly 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 poNcles 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 perfomrance of the Woric, irxiudirtg 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 properly including loss of use thereof. Such insurance shall be hr 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 6.03.05.07 Property Insurance 01 All risks properly insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less Oran the sum of the amount of [he Contract price and the full value, as may be stated in the Contract Documents, of Material that is spedfied to be provided by Ore Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of Ore Work This insurance shall be in a form acceptable to Ore Owner and shall be maintained confinuously until 10 Days after the date of Final Acceptance of Ore Work, as set out in the Firm Acceptance CerOficate. page 33 Rev. Dale: 11/2006 OPSS.MUNI 100 GC 6.03.05.02 Boiler Insurance ~ .Ot Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator for not less than tl1e 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 operatron of the property insured until 10 Days aker 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 insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain, and pay for property and baler insurance insuring tl1e full value of the Work, including coverage for such use or occupancy, and shah provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the urleamed premiums applicable to the Contractor's policies upon terminatial of coverage. .02 The pdicies shall provide that, in the event of a bss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behaN of both the Owner and the Contractor for the purpose of adjusting the amount of such bss or damage payment with the insurers. When the extent of the loss or damage. is determined, the Contractor shaA 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 bss 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 entit6ed 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 tie 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 shah be entitled to receive from the payments made by the insurers tl1e artaunt of the Contractor's interest in the restoration of the Work. .02 The Contractor shad be responsible for deductible arrwunts under the polices, except where such amounts may be excluded from the Contractor's responsibility by the terms of this Contract. .03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shah pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment Page ~ Rev. Gate: 11x2006 OPSS.MUNI 1ftD 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 Gaims 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 poky shall be from fhe date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Fnal Acceptance Cert'fiicate. .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 urMerwriter or the broker. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. , .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. :O6 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct Ore 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 surely company authorized to transact a business of suretyship in Ole 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: 1112006 OPSS.MUNI 100 GC B.OS Workplaoe Safety and Insurance Board .01 The Contractor shall provide the Contract Administrator with a copy of a Certificate of Clearance .indicating the Contractors 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 Substantlal Performance. c) Prior to expiration of the Waranly Period. d) At any other time when requested by the Contract Administrator. ~e ~ Rev. Date: 71/2006 t7PSS.MUN1 100 SECTION GC 7.0 -CONTRACTOR'S RESPONSIBILfftES AND CONTROL OF THE. WORK GC 7.01 General .Ot The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything [o 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 [he 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 complefion 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. .OS The Contractor shall have the sole responsibility for the design, erecfion, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. .O6 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a metllod 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 conswctron. 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 fhe 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 273/91, 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 "empoyer," 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 empbyees have a working knowledge of the duties of a "Constructor" and "employer" as defined by the Act and the provisions of the Regulations appkcable to the Work, and a personal commitrrlent to comply with them; c) a copy of the most current version of the Ad 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 tarty out the Work possess the khowledge, skills, and protective devices required by law or recommended far use by a recognized industry association to allow them to work in safety; e) its supervisory employees tarty out their duties in a d~igent and responsible manner with due consideration for the health and safety of the workers; and ply g~ Rev. Dale: 112006 OPSS.MUNI 100 f) aq Subcontractors and their workers are property protected from injury while they are at the work Area. .08 The Contractor when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act and the Regulafions 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. .70 The Contractor shall have an authorized representative on the site while any Work is being performed, to supervise the Work and act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shag notify the Contract Administrator of the names; addresses; positrons; and cell phone, pager, and telephone numbers of the Contracta'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 tie responsible for traffic control and work zone safety. The designated person shag be a competent worker who is qualified because of knowledge, training, and experience to perform ttre 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 construcfion 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 prop~es 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 Contractors schedule is materially affected Dy changes, the Contractor shah submit an updated construction schedu~, if requested by the Contract Administrator, within 7 Days of the request This updated sd>edule 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 ConVactor finds any error, inconsistency, or omission relating to the Contract, the Contractor shall promptly report tt to the ConVact Administrator and shall not proceed with the. activity affected unlit receiving direction from the ConVact Administrator. .15 The Contractor shall promptly notify the Contract Admirrstrator in writing if the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. Pie ~ Rev. Date: 11/20011 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 paragrapti GC 2.01.01 a). GC 7.02 Layout .Ot Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those property bars, baselines, and benchmarks that are necessary to delineate the Working Area and to lay out the Work, alt 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 g2des necessary for consWction. 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. .O6 The Contractor shah 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 desWctiori a 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 temporery stniclures, 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 rrare space than that shown on the Contract Drawings, the Contractor shalt obtain such space at no additional cost to the Owner. Page 39 Rev. Date: 112006 OPSS.MUNI 100 .03 The Contractor shall not enter upon or occupy any private property for any purpose; uMess the Contractor has received prior written permission from the properly owner GC 7.04 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of Ole Contract Administrator, damage is being done or is likely to be done to any Roadway or arty improvement thereon, outside the Working Area, by the Contractor's vehices or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cos[ 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 F~ccess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in while 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 desk,~ated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads. GC 7.D6 Condition of the Working Area .Ot The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of debris. and prevent dust nuisance, mud, and ponding water, other than that caused by the Owner w others. GC 7.07 Maintaining Roads and Detours .01 Unless otherwise specified in the Contract Documents, if an existing Roadway is affected try construction, it shall be kept open to both vehicular and pedestrian traffic. .02 Subject to the approval of Ole 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 akemative route for both pedestrian aril 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 shaD not be required to maintain a road tlxough the Working Area until such time as the Contractor has commenced operations or during seasonal shut down w 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-icng cherrdcals or abrasives or carry out snowplowing, .05 Where localized. and separated sections of the Highway are affected bythe Contractor's operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. .O6 Where the Contract Documents provide for or the Contract Administrator requires detours at specific locations, payment for the corstruction of the detours and,rf required, for the subsequent removal of the detours, shah be made at the Contract prices appropriate to such work. Pam ~ Rev. ate: 1112006 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. .OS Where work under [he 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 Hghway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to [he Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. .71 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Properly, dealing with the Contractor's responsibility for damage claims, except for daims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .Ot The Contractor shall provide at ail 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 Udli6es located in the Working Area. .03 Where any interruptions in the suppy of U61ity services are required and are authorized by the Contract Administrator, the Contractor shall give the affected properly owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.09 Approvals and Permits 01 Except as specified in subsection GC 4.02; Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender Dosing, are required- for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.09.0E Page 41 Rev. Date: 1112006 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 Administrator so directs in writing. Delays, 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 !f the Owner. is adjudged bankrupt or makes a general assignment for the benefit of creditors because of insolvency orrf a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Gontractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate fhe Contract. .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of the Contractor or of anyone directly employed or engaged by the Contractor, fhe Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terninate 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 arty 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 tarried out that may affect the property or operafions 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 operafions 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 comrnission so affected. .02 In the case of damage to or interference with any Utllifies, pole lines, pipe pees, conduits, fans tiles, or other public or privately owned works or Property, the Contractor shah 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 t00 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 Ufilities, to exercise the necessary rare in consWCtion operefions, and to take such other precautions as are necessary to safeguard the Utilities from damage. GG 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 Hdidays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work ar plant at all reasonable Gmes. GC 7.15 Cleaning Up Before Acceptance .Oi Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, toils, construcfion machinery and equipment not required for the performance of the remaining Work. The Contractor shaA also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area dean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, toils, 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 defidendes in tl~ 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: 11120116 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 .Ot The ConUactor shall only employ orderly, competent, and skillful workers to do the Work and whenever the Contract Adminisrator 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 shaft be removed from the work and shall not be empbyed 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. P~e~ lieu. Date: 11/2006 OPSS.MUNI 100 SECTION GC B.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 [he 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 Pian 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 [o 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 Ot Where it appears [hat the quantity of Work to be date s Material to be supplied a both by the ' Contracts 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 fa the actual amount of Work done a 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 a Material supplied or both by the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price fa that portion of the Work performed or Material supplied a 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 overt~ad. b) In the case of a Major Item where the quantity of Work performed a Material supplied a both by the Contracts is less than 85% of the tender quantity, the Contracts may make a written request to negotiate fa the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. Fs 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 fs the item. Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer a auditor and may be audited by the Owner. Attematively, where both parties agree, an allowance equal to 10% of the unit price on the amount of the underun 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: 11Q006 OPSS.MUNI 100 r LJ GC 8.02 Payment GC 8.02.01 Price for Work .Ot .Prices for the Work shall be full compensation for all labour, Equipment and Material required in its pertormance. The term "all labour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not specfically detailed as part of any one item and without specified details of payment shall be deemed to be inGuded 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 iolbwing 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 Material, arrange for adequate and proper storage facilities. b) The value of aggregates, processed and stockpiled, shall be assessed by the folbwing procedure: i. Sources Other Than Commercial (1) Granular A, B, BI, 1311, BIII, M, and O shall be assessed at the rate of 60% of the Contract price. (2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland cement concrete shall be assessed at the rate of 25°~ of the Contract price for each aggregate stockpiled ii. Commerda[ Sources Payment for separated coarse and fine. aggregates shall tx; 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 ktcated at a commercial source shall not be made. c) Payment for a0 other materials, unless otherwise specified elsewhere in the Contract Documents, shag be based on the invoice price, and the Contractor shall sutxnft proof of cosf 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 not exceed 80% of the Contract price for the item: e) All Materials for which the Contractor wishes to receive advance payment shah be placed in Ote designated storage location immediately upon receipt of the material and shah thenceforth be held by the Contractor in trust for the Owner as copateral security for any monies advanced by the Owner and fa Ste due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, a 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 toss, damage, theft, improper use, or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the corxiitions 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. Gate: i1r1008 OPSS.MUNt too GC 8.02.03 Certification and Payment GC 8.0203.01 Progress Payment Certificate Ot The value of the Work performed and Material supplied shall be calculated once a month by the Contrad Administrator in accordance with the Contract Documents and clause GC 8.01.01, Quantities. .02 The progess 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, Owners setoff; e} the amount of GST, as applicable; and f) the amount due to the Contrador. .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 Contrad Administrator, in writing that a subcontract is completed satsfadorty and ask that the Contract Administrator certify the completion of such subcontract .02 The Contract Administrator shall issue a Certificate of Subcontrad Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. .03 The Contred Administrator shall set out in the Certificate of Subcarttract Completion the date on which the subcontrect was completed arxf, within 7 Days of the date fhe subcontract is certified con7{71ete, 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 Hokiback Release Certificate and Payment .01 Fdlowing receipt of the Certificate of Subcontrad Completion, the Owner shall release and pay the Confrador the statutory holdback retained in respect of the subcontract. Such release shall be made 46 Days after the date the subcontrad was certified complete and providing the Contractor submits the folklwing to the Contrad Administrator: a) a document satisfactory to the Contrad Administrator that shall release the Owner from aN further claims relating [o the subcontrad, qualified by stated exceptions such as holdback monies; b) evidence satisfadory to the Contract Administrator that the Subcontractor has discharged all Nabdities intoned in carrying out the subcontract;. Page 47 Rev. Date: 7112006 OPSS.MUNI 700 c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance guard relating to the subcontract; and d) a copy of Ote contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Co t 02 n ractor. Para ra h GC 8 . g p .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 r it , espons alities. GC .01 8.02.03.04 Certification of Substantial Performance Upon a lic ti b pp a on y the Contractor and when the Contract Administrator has verified that the Contract has been substantially perform d th e , e Contract Administrator shall issue a Certificate of Substantial Perfom~ance 02 . U . pon verifying that the Contract has been substantially performed, the Contract Administrator shah issue a certificate of Substantial Perfor mance and shall set out in the Certificate of Substantial Performance the date on which the Contract was substantialy performed and within 7 Da si s afte nin th i , y g g r e sa d certificate, the Contract Administrator shall provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Perfo rmance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction t.ien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Dail Com a l y mer a 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 Ad, the 45 Day lien period prior to the release of holdback as referred to in clause GC 8.02.03.1)5, Substantial Performance Payment and Statutory Holdback Release Payment Certficetes, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Performance Payrrant and Substantial Performance Statutory Hok~ack 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 cerfificate. .02 The Substantial Perfomrance payment Certificate shah show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstarWing or incomplete Work; c) the amount of the statutory hddback, allowing for any previous releases of statutory hodback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment; Pam 48 Rev. Dale: 11/2008 OPSS.tAUNI 1~ 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 Act and the submission by the Contractor of the following documents: a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding work or matters arising out of subsection GC 3.13, Claims, Negotiations, Mediation; b) a statutory decaration in a form satisfactory to the Contract Administrator that all liabilities incurted by the Contractor and the Contractor's Subcontractors in cartying out the Contract have been discharged except for statutory holdbacks propedy 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 .Ot Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Comp~tion 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 Paymerrt 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 certifice>e. .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 refered to above; and c) the amount due the Contractor. .03 The Completon Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shalt 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 Consruction Liert Act and the submission by the Contractor of the following documents: Page 49 Rev. Dale: 1172006 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 .alt liabilities incuned 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 .Ot Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of Interest GC 8.02.03.09 Interest for Late Payment .01 Provided the 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 hddbadc, is delayed by the Owner, then the Contractor shall be enti0ed to receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the dates set out below: a) Prowess 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 Certificete: 76 Days after the date certified. as the date That the Work was completed. .02 It the Contractor has not oomptied with Ole requirements of the Contract, including all documentation requirements, prior to expiration of Ole time periods described in paragraph GC 8.02.03:09.01, interest shall only begin to accrue when Ore Contractor has completed those requirements. Page 56 Rev. pare: i1/20pg OPSS.MUNI tl10 GC 8.02.03.10 Interest for Negotiations and Claims .Ot 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.t3, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled daim. Such interest shall not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where ttte 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 daim within the time limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in paragraph GC 3.13.03.03 for submission of daims, interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set-Off 01 Pursuant to Section 12 of the Construction Lien Ad, the Owner may retain from monies owing to the Contractor under this Contrail an amount suffident to cover any outstanding or disputed liabilities, including the cost to remedy deficiendes, the reduction in value of substandard portions of the Work, Cairns for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined daims 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 louse 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 ifeemed 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 louse GC 8.02.04 the fdlowing definitions apply: Cost of Labour means the amount of wages, salary, travel, travel tinre, food, lodging, or similar items and Payrol 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 dude 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 invaces. 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 indudes the cost ~ the operator. Page 51 Rev. Date: 11Y2006 OPSS.MUNI 100 ~I ~. Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and property damage insurance, sickness and accident insurance, pension fund, and such other welfare arW benefit payments forming part of the Contractor's normal labour costs. Rented Equipment means equipment tllat is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word associate° is defined by the Securities Act, R.S.O. 1990, c.S.S, as amended, and is approved by the Contract Administrator. Road Work means the preparation, construction, finishing, and consWclion 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 watennain systems, and includes all work incidental thereto other than work on sWctures. Standby Time means any period of fime that is not cwrsidered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which 6me 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 fuly operable condition. Structure Work means Ure construction, reconstruction, repair, alteration, remodelling, renovation, w demolition of any bridge, building, tunnel, w retaining watl and incudes the preparation for and the laying of the foundation of any bridge, building, tunnel, w retaining wall and the instatlafion of equipment and appurtenances incidental thereto. The t27 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Constnrcfion 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 catrulated by the Owner, using the same principles as used in detemuning 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 shatl be subject to all fhe terms, conditions, Standard Spec'fiicetions and provisions of the Contract Working Time means each period of 6me during which a unit of Equipment is actively and of necessity engaged on a specific operafion and the first 2 hours of each immediately fogowin9 t~~d 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 die site in order to confinue with its assigned tasks and during which lime the unit is in a fully operable condifion GC 8.02.04.02 Daiy Work Records .01 Daily Work Records, prepared as the case may be by either the Contractor's representative w 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 Contractors representative aid the Contract Administrator. If it is not possible to reconcile the Daly Work Records, then the Contractor shatl submit the un-reconciled Daiy Work Records with its claim whereby the resolutlon of the dispute about the Daily Work Records shatl rat be resdved until there is a resdution of the claim. Page 52 Rev. Dale: 71f2006 OPSS.MUNI tOp GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for ali 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 .Ot The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3,000, then a[ 115% of any portion of the Cost of Material in excess of $3,000. GC 8.02.04.08 Payment for Equipment GC 8.02.04.06.01 .Working Time .Ot The Owner shall pay Ote Contractor for the Working Time of all Equipment, other than Rented Equptment 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 aless - 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) Coll greater than $ 20,000 - $19,000 plus 80% of the portion in excess of 520,000. .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administa[or up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Admirdstrator 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 fhe Equipment txt the Work on a Time and Material Basis. GC 8.02.04.08.02 Standby Time .Ot The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invt>ice 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 LJ CI LI Page 53 Rev. Date: 11!2006 OPSS.MUNI t00 ~'l the Contract Administrator. This shall include Rented Equipment intended for use on other work, but has been idled due to the droumstances 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 fhe period of idleness caused by the arcumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrafor may require Rented Equipment idled by [he circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the equipment pn be resumed. The Owner shall pay such costs as a result from sudl 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 Eo the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools .Ot Notwithstanding any other provision of this Section, ra 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 rh .O1 Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be pertormed 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 cast 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°k 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 lime and Material Basis, the Contractor shall provide the applicable labour and Equipment rates rat akeady submitted to the Contract Administrator during the course of such work. .02 Separate summaries shay 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 shah itemize separatety Ote 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 iraluded with each summary. Page 54 Rev. Oab: Nf2006 OPSS.MUNI 106 .03 Each month the Contract Administrator shall indude with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractors 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 .Ot 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 .Ot 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 profd and all costs and expenses arising out of the work, irtduding atl cost of general supervision, administration, and management time spent on the work, and no other payment a 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 Ote Final Acceptance Certificate, or, where applicable, after the Wananty Period has expired. The Final Acceptance Certificate shall not be issued,unfil ail known defidendes have been adjusted or corrected, as the case may be, and the Contractor has discharged all obtigatlons under the Contract. GC 8.02.08 Payment of Waiters .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 ddng 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 errpbyed by the Contractor or any Subcontractor a other person on the Work is paid less than the amount required to be paid under the Contrad, the Owner may set off monies in accordance with douse GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Records .Ot The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work, and daims 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 Contrador shall require that Subcontractors empktyed by the Contractor preserve all original Retxxds pertaining to the Work, Changes in the Work, Extra Work, and daims arising therefrom for a simsar 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: 1112006 OPSS.MUNI 100 GG 8.02.08 Taxes .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender Dosing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner shall inwease or decrease Contract payments to account for the exact amount of tax change invobed. 02 Claims for compensation for additional tax cosE 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 shag be submitted not later than 30 Days after Final Acceptance. .04 Changes in Canadian Federal w Provincial taxes that impact upon commodities, which when left in place form part of the folished Work, or the provision of services, where such services form part of the Work and where Ne manufacture w supply of such commodities or the provision of such services is carved out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour, and [he 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. J Pape 56 Rev. Date: 11/2008 OPSS.MUNI 700