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2009-142
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2009-142 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving Inc., Oshawa, Ontario to enter into agreement for Concession Road 6 Rehabilitation. 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, Coco Paving Inc., Oshawa, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 5"' day of October, 2009. By-law read a third time and finally passed this 5"' day of October, 2009. J ~n~nt _~ a~y~or_ . nri~GreErrtfBe; Dep~lty Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONCESSION ROAD 6 ROAD REHABILITATION CONTRACT NO. CL2009-38 x 3 x September 2009 AECOM Project No. 114825 . ..., r r •~ r wl T AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: COCO PAVING INC. of the City of Oshawa 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 of the first art, for and in consideration of the payment or payments WITNESSETH, that the party p 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 f of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. ~I Page 1 of 3 nccromr~nu rr x.r .ue.e.v ..,.......' ..~ .~.~~. DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Concession Road 6 Road Rehabilitation, Contract No. CL2009-38, Municipality of Clarington Addendum No. 1 dated September 17, 2009 Addendum No. 2 dated September 23, 2009 Addendum No. 3 dated September 24, 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 OPSS No. Date 127 Current 314 Nov. 2004 543 Dec. 1990 128 Current 330 Ma 1994 552 Nov. 2008 180 Nov. 2005 421 A r.2008 559 A r.2008 201 Nov. 2007 501 Nov. 2005 565 Nov. 2007 206 Nov. 2000 506 Nov. 2005 570 Nov. 2007 212 Nov. 2008 507 Nov. 2005 571 Nov. 2007 305 Nov. 2008 510 Nov. 2006 572 Nov. 2003 310 Nov. 2008 511 Nov 2008 577 Nov. 2006 311 A r.2004 532 Jun. 1991 K. GEOTECHNICAL INVESTIGATION -Borehole Logs L. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) All Plans and Documents referred to in the Specifications. The Contractor further agrees that he will deliver the whole of the works completed in accordance with this agreement on or before July 30, 2010. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 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: COCO PAVING INC. - - in the presence of Date SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALII Y OF CLAR~NGT~N _ -_ ~ ~1m- errs ~, a~ot _ . Date NoJ~.I~, '~ ~G~~-- _ ~ --_- - ~ ~ _ --__ ~ %/"r~~ ni~ ~ -. -----. in the presence of Date r 1 ~ PiOept 343351148251SPECSlCL200&36 ~ AGR.tlOt Page 3 of 3 CONTRACT NO. CL2009.38 CONCESSION ROAD 6 ROAD REHABILITATION MUNICIPALITY OF CLARINGTON ADDENDUM NO. 1 Contractors are hereby advised of the following modification to Contract No. CL2009-38: INSTRUCTIONS TO Page 4 of the Instructions to Tenderers which is hereby attached, shall be inserted into and form part of the Contract Documents. All tenders must be submitted an the basis of this modification. Bidders are instructed to sign this addendum and return it with the completed tender, or the tender submitted may be rejected. Uwe hereby acknowledge receipt of this addendum. Signed (Must be Signing Officer of Firm) Position Name of Firm AECOM 513 Division Street Cobourg, Ontario K9A 5G6 September 17, 2009 Attachments: Page 4 -Instructions to Tenderers r:~o~~ iaiz-z9sw-~e~s~~woo 1.aoc INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-38 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 The location of the work is Concession Road 6 from Old Scugog Road to Acres Road in the Municipality of Clarington. 14. SOILS INFORMATION A geotechnical investightion has been undertaken on behalf of the Authority. The resuRs provided are for information only and are not guaranteed by the Authority. A copy of the boreholes are included with the Tender Documents as listed in the "Schedule of Tender Data". 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 thee, nature of the work. It shall be the Contractgr's responsibility to thoroughly inspect the site of the proposed works, determine the location df any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional 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: Sean Bagshaw, P. Eng. 17. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Municipality of Clarington. 18. DEFINITION OF OWNERlAUTHORITY AND ENGINEERICONTRACT 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. CONTRACT NO. CL2009-38 CONCESSION ROAD 6 ROAD REHABILITATION MUNICIPALITY OF CLARINGTON ADDENDUM NO.2 Contractors are hereby advised of the following modification to Contract No. CL2009-38: SPECIAL PROVISIONS -TENDER ITEMS Page 3, GRANULAR'A' -ITEMS NO. 11 AND 18, Add the following paragraph: "Granular `A' in driveways shall be paid for underlfem No. !8." All tenders must be submitted on the basis of this modification. Bidders are instructed to sign this addendum and return it with the completed tender, or the tender submitted may be rejected. I/we hereby acknowledge receipt of this addendum. Signed (Must be Signing Officer of Finn) Position Name of Finn AECOM 513 Division Street Cobourg, Ontario K9A SG6 September 23, 2009 P~~oe~n ~ni z-zesn-iavs~woo z.ax CONTRACT NO. CL2009-38 CONCESSION ROAD 6 ROAD REHABILITATION MUNICIPALITY OF CLARINGTON ADDENDUM NO.3 Contractors are hereby advised of the following modification to Contract No. CL2009-38: ITEMIZED BID Item No. 1 - Item No. 30 - Item No. 31 - Item No. 32 - In the "Quantity" column, delete the value of'1° and leave blank In the "Quantity" column, delete the value of "1" and leave blank In the'"Quantity° column, delete the value of "1"and leave blank In the "Quantity" column, delete the value of"1"and leave blank All tenders must be submitted on the basis of this modification. Bidders are instructed to sign this addendum and return it with the completed tender, or the tender submitted may be rejected. I/we hereby acknowledge receipt of this addendum. Signed (Must be Signing Officer of Firm) Position Name of AECOM 513 Division Street Cobourg, Ontario K9A 5G6 September 24, 2009 P:~oe~ iz\~z-~sn-+e~s~.woo a.aoc .. PROJECT: TENDER FOR CONTRACT NO. CL2009-38 CONCESSION ROAD 6 ROAD REHABILITATION AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: AECOM 513 DIVISION STREET COBOURG, ONTARIO K9A 5G6 Telephone: 905-372-2121 Fax: 905-372-3621 TENDERER: Coco Paving Inc Name 1255 Wilson Road North Box 305 OSHAWA Ontario L1H 7L3 Address (include Postal Code) T:905-728-4661 F:905-728-0820 Telephone and Fax Numbers Yves Mageau Name of Person Signing Construction Manager Position of Person Signing TENDERS RECEIVED BY: Ms. Patti Barrie, Clerk ' Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 r P:\Dept 3433\1148251SPECS1CL2009-38 - TF (Sign Das).dac Page 1 of 8 pages TENDER CONTRACT NO. CL200938 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2009-38 Concession Road 6 Road Rehabilitation Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 8 pages In arrnrdance with the first oaraaranh of this Tender_ the Contractor herehv offers to rmm~lete the work snecifiaA for ITEMIZED BID CONTRACT NO. CL2009-38 In accordance with the first paragraph of this Tender, the ConVactor hereby offers to complete the work specified for Contract No. CL2009-38 for the following unit prices. Spec. - The numbers in this column refer to the SP - Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~ ;~, ~ _ xG ,~ _ ~, - ~- - ~ 1 201 Clearing and Grubbing LS 31,992.29 SP, MOC 2 577 Erosion and Sediment Control Measures SP a) Straw Bale Flow Check (OPSD ea 20 504.10 10,082.00 219.180) b) Light Duty Silt Fence (OPSD m 400 13.48 5,392.00 219.110) 3 330 In-Place Full Depth Reclamation of mz 46,995.55 0.84 39,476.26 SP Bituminous Pavement and Underlying Granular 4 SP Excavate for Subgrade Verification ea 33 477.48 15,756.84 5 510 Removal of Culverts and Sewers m 320 44.65 14,288.00 6 MOC, 421 Culverts SP a) Placement of 450 mm Dia. CSP, m 180 169.64 30,535.20 2.0 mm Gauge b) Placement of 600 mm Dia. CSP, m 165 309.17 51,013.05 2.0 mm Gauge (Including Frost Taper) c) Repair Ends of Existing Culverts m 1 372.06 372.06 d) Flush Existing Culverts m 30 81.07 2,432.10 7 511 Rip-Rap with Geotextile mz 10 90.51 905.10 SP, MOC 8 MOC Provisionalltem m' 1,810 38.56 69,793.60 206, SP Excavate Deleterious Material and Backfill with Approved Native Material 9 MOC, 314 Provisional Item t 6,480 20.12 130,377.60 206, SP Excavate and place 450 mm New Granular'B', Type I 10 511 Provisionalltem mz 2,090 1.99 4,159.10 SP Geogrid, Tensar Bx 1100 11 MOC, 314 Granular'A' Base (100 mm Depth) t 18,471.5 16.76 309,582.34 SP 12 501 Water for Compaction and Dust m' 5,330 20.22 107,772.60 Suppression Page 3 of 8 pages In arrnrrlance wiTh the first naraaraoh of rhis Tender the Cnntractnr herehv nfferc to emm~lefe rho uinr4 ~.,o~~fto,~ fnr ITEMIZED BID CONTRACT NO. CL2009-38 __ In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-38 for the folbwing unit prices. Spec. - The numbers in this column refer to the SP - Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ate. _ ~3s rs a T ~ ~ _ u£ Ft 13 506 Calcium Chloride Flake kg 3,965 _ 0.87 3,449.55 14 510 Sawcutting Asphalt Pavement m 134 5.62 753.08 SP 15 MOC, 310 Warm Mix H.L.-8, (50 mm) Base Course t 6,106.7 70.66 431,499.42 SP 16 MOC, 310 Warm Mix H.L.-3, (40 mm) Surface t 4,924.9 73.53 362,127.90 SP Course 17 MOC, 310 Hot Mix H.L.-3 -Driveways, (50 mm) t 78.1 119.84 9,359.50 SP 18 MOC, 314 Granular'A', Shouldering t 3,829.6 21.77 83,370.39 SP 19 MOC Granular Sealing of Shoulders m2 240 17.27 4,144.80 SP 20 552 Steel Beam Guiderail -Without Channel m 830 75.16 62,382.80 SP 21 552 Guiderail End Treatment -Private ea 2 2,808.71 5,617.42 SP Entrance 22 559 Guiderail End Treatment -Extruder ea 16 2,977.23 47,635.68 SP 23 206 Ditching: SP a) Gradall hrs 135 277.48 37,459.80 b) Triaxle Dump Truck hrs 260 89.60 23,296.00 24 SP Provisionalltem Supply and Installation of Plant Material a) Acerxfreemanii'Sienna'(Sienna ea 5 477.48 2,387.40 Glen Maple), 60 mm WB b) Acer saccharum'Green Mountain' ea 5 488.72 2,443.60 (Green Mountain Sugar Maple), 60 mm WB c) Cekis occidentalis (Hackberry), ea 5 443.78 2,218.90 60 mm WB d) Amelanchiergrandifiora'Robin Hill' ea 5 488.72 2,443.60 (Robin Hill Serviceberry), 50 mm WB 25 MOC, 570 Topsoil (Imported) m2 2,830 4.83 13,668.90 SP 26 MOC, 571 Sodding (Nursery, Staked) mz 2,830 3.38 9,565.40 SP Page 4 of 8 pages In accordance with the first oaraoranh of this Tender thP. (:nntrar.}nr herohv nffcre M rmm~lofc ttie ,.,...~ ~..e..a...a s,.. ITEMIZED BID CONTRACT NO CL2009-38 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2009-38 for the following unit prices. Spec. - The numbers in this column refer to the SP - Refers to Speciai Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~ _ _. s ~ ~ 27 570, 572 Ecoblanket mz 5,640 4.22 23,800.80 SP, MOC 28 532 Pavement Markings -Durable SP a) 100 mm Width -Yellow Centre Line m 6,915 4.22 29,181.30 b) 100 mm Width -White E.P. Line m 13,830 4.22 58,362.60 c) 600 mm Stop Bars m 56 33.71 1,887.76 29 SP Public Information Signs (TC-67) ea 4 811.36 3,245.44 30 SP Miscellaneous Landscaping LS 5,000.00 5,000.00 '', 31 SP Provisional LS 30,000.00 30,000.00 Asphalt Cement Price Adjustment 32 SP Bonds, Insurance and Maintenance LS 18,537.46 Security 33 SP Supply and Maintain Fieid Office LS 1,752.31 Total excludin GST $ 2,099,521.95 GST 5% of Total $ 104,975 10 ~: ~ - ~ ;,. ,~ r __ ~. ~. = +:r. ,. Tenderer's GST Registration No. 101040160 P:\Dept 34331714825\SPECSI[CL2009-38 -Itemized Bid (Sign Docs).xls]Itemized Bid Page 5 of 8 pages ' AGREEMENT TO BOND (to be completed by Rnndinn Cmm~~nv~ !~/1\ITOAf~T ~~f1 i+~ nnnw ~~ AGREEMENT TO BOND (to be completed by Bonding Comuanvl CONTRACT NO CL2009 38 WE, the Undersigned, HEREBY AGREE to become bound as Surety for Coco Paving 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.CL2009-38 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is axepted, 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 Oshawa this 18th day of September ' Aviva Insurance Comoanv of Canada Name of Bonding Company ' Irene den Dekker 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 6 of 8 pages ' BIDDER'S REFERENCES CONTRACT Nn C~ ~nno_zu BIDDER'S REFERENCES CONTRACT NO CL2009 38 Year Description of Contract Road Resurfacing Name of Organization Region of Durham Contact Person Tom Savchuk Telephone Number 905-668-4113 Value of Contract $4,900.000 Year Description of Contract City of Oshawa Overlay 0-0902 Name of Organization Corporation of the Citv of Oshawa Contact Person Mohan Toor Telephone Number 905-725-7351 Value of Contract $2,000.000 Year Description of Contract CL2008-25 Asphalt Overlay Phase 2 Name of Organization Corporation of the Municipality of Clarington Contact Person Trov MacArthur Telephone Number 905-372-2121 Value of Contract $1,500 000 (This Form shall be completed and attached to the Tender Submitted). Page 7 of 8 pages The work specified in the Contract shall be pertormed in strict accordance with the follrnvinn Schedule SCHEDULE OF TENDER DATA CONTRACT NO CL2009-38 The work specified in the Contract shall be pertormed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 to 5 Agreement to Bond Page 6 Bidders References Page l Schedule of Tender Data Page 8 B. STANDARD TERMS AND CONDITIONS Pages 1 to 11 C. SCHEDULE'C' =CONTRACTOR SAFETY Pages 1 to 8 D. INSTRUCTIONS TO TENDERERS Pages 1 to 6 E. SPECIAL PROVISIONS -GENERAL Pages 1 to 15 F. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 9 G. DESIGN GUIDELINES H. STANDARD DRAWINGS I. PLANS: Title Sheet, Index Sheet, Draw ings No. 1 - 7 J. STANDARD SPECIFICATIONS: It shall be the Con tractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications and Municipality of Clarington Design Guidelines and Standard Spec'fiications - 2004. OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 314 Nov. 2004 543 Dec. 1990 128 Current 330 Ma 1994 552 Nov. 2008 180 Nov. 2D 5 421 r. 2008 559 r. 2008 201 Nov. 20 7 501 Nov. 2005 565 Nov. 2007 206 Nov.2 506 Nov. 2005 570 Nov. 2007 212 Nov.2 507 Nov. 2005 571 Nov. 2007 305 Nov. 2008 510 Nov. 2006 572 Nov. 2003 310 Nov. 2008 511 Nov 2008 577 Nav. 2006 311 A r.2004 532 Jun. 1991 K. GEOTECHNICAL INVESTIGATION (BOREHOLE LOGS) L. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) The Contractor, by this tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax requirements, so that it is able to do business in Ontario. Yes No The Bidder hereby acknowledges receipt of the following Addenda to the Bid Documents: Initials Addendum No. 1 Date of Issue 17/09/09 YM Addendum No. 2 Date of Issue 23/09/09 YM Addendum No. 3 Date of Issue 24/09!09 YM Failure to acknowledge all Addenda issued may result in the bid being rejected. By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2009-38, executed by me/us bearing date the 25 day of Sept. 2009 and we have fully read all related documents to ten~lirdata as listed above. SIGNATURE: r`- POSITION: Constizicti~n-0da~naaer NAME OF FIRM: Coco Pavin nc. (yOMPP.NY SE,4t) l' Privacv Legislation _ - -_ - Federal legislation governs the colleGion and use of personal information from individuals. We represent and wanar)It~~ owner t~hwe tale ob~ined !be CONSENT of any and all employees whose personal information vre have supplietl to the owner in this tender. TTis IIersjmal intormarlolY.~iU indiMes,IlU(is not limited to, the employees' names, education, work arW project history,.protessional designationsand qualifications. T~eCONSFJe~pBnnils the ov3ier to2isclose this personal information to the Engineer (owner or agent) for the purpose of evaluating our bid. In the evem that tree tepder is~u¢cessful, this per3onal igr'ormation may also be used in project administration, for contact purposes. _ ~ This is Page 8 of 8 pages to be submitted as the Tender Submission for ContfBcl No. CL2009-38 CORPORAT+ON OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-38 P:VDept r TERMS AND CONDITIONS T & C.doc THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 1 of 11 The Municipality of Ctarington's 'Standard Tenns and Conditions" shall apply to this Contract except where noted below. , • Clause 8 of the "Standard Terms and Conditions" shall be superseded by Clause 8, `Payments" of the "Special Provitfions -General" Section of the Contract • Clause 15 of the "S~ndard Terms and condifions"shall be superseded by Clause 2, "Guaranteed Maintenance" of the "Special Provisions -General" Section of the Contract. • The first paragraph ~f Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract. • Clause 24 of the "Standard Terms and Conditions" shall be superseded by Clause 6.03.02 of the OPS General Conditions of Contract (November 2006) which requires a $5,000,000.00 liability coverage. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 2 of 11 SCHEDULE (B) 1. 2. 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, fine or corporation to whom the Municipality has awarded the «~ntract, it successors and assigns. Contract -The purchase order authoring 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 pertorm 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 will apply for the ceiling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s) and in the enveope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted, it must be signed on behalf of each of the Bidders. The bid must tie legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidders list. A bid received after the cbsing 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 N OF THE MUNICIPALITY OF CLARINGTON Pl7RCHASING DIVISION '' Page 3 of 11 SCHEDULE (B) 3. CONTRACT The wntract consists Contract. The contract and porn notwithstanding the chr The intent of the contr Municipality's intended None of the conditions any effect unless explk order. 4. TERMS AND CONDITIONS (continued) the documents aforementioned as defined in Section 1, Definitions, thereof take precedence in the order in which they are named above, logical order in which they are issued or executed. is that the Company shall supply work which is fit and suitable for the and complete for a particular purpose. rtained in the Bidders standard or general conditions of sale shah be of agreed to by the Municipality and specifically referred to in the purchase Any clarification of thel'document required by the Bidder prior to submission of ita bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given sha0 not in any way alter the document and in no case shall oral arrangements be considered. Every notice, advice or other communication pertaining thereto will be in the form of a written addendum. No officer, agent or err~pbyee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any propgsed subcontractor, to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon) as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefore. A detailed delivery tick@t or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall acco pany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver sh~ll rwt bind the Municipality to accept the work covered thereby, or the partiailars of the deliverb ticket or piece tally thereof Work shall be subject tq'turther inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specfied in the contract. I Time shall be of the esslence of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 4 of 11 , SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) 7. P ICIN Prices shall be in Canadian Funds, quoted separatety for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the conirad. Prices bid must indude all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authored in writing prior to commencement. Should the Company require more information or darification on any point, it must be obtained prior to the submission of the bid. Payment shall be full compensation for aN costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, exdse tax, freight, insurance, and aN other charges of every kind atlributab~ 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 manufadure or fabricate any part of the work outside of Canada, d shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Shouk 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 diredly 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 Munidpality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effedive date thereof. 8. TERMS OF PAYMENT Where required by the Construdion Lien Ad appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, induding final payment shall not relieve the company from its obligations or tiabilrties under the contrad. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be suffident to remedy any defect or defidency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all daims, adions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality ail costs, damages, charges and expenses, including its lawyers' fees on a solic"rtor and his own client basis occasioned to the Municipality by reason thereof. THE CORP~IhRATION OF THE MUNICIPALITY OF CLARINGTON r PURCHASING DIVISION ' Page 5 of 11 ' SCHEDULE (13) STANt~ARD TERMS AND CONDITIONS (continued) ' The company shall pay ~II royakies and patent Acense flees required for the work. If the work or any part reof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's dense, replace the infringing work with non-infringing work or modify it so that the work no longer'rhfringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise spedfied herein. 11. EQUIVALENCY ' Any opinion determined by the Municipality with respell to equivalency shall be final. 12. ASSIGNMENT AND SyIBCONTRACTING ' The company shall not~assgn or subcontract the contract w any portion thereof without the prior written consent of the Municipality. 13. 14. 15. The Municipality is en to request of the Company to famish reasonable evidence that financial arrangements have made to fulfill the Company's obligations under the Contract: The company shall corn y with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to th~work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. If at any time prior to year after the actual delivery date or completion of the work (or specified warranty/guarantee per~od if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the~tract, the company, upon request, shall make good every such defect, deficiency or failure wit ut cost to the Municipality. The company shall pay all transportation costs for work both ways n the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality res s the right to award by item, or part thereof, groups of items, or parts thereof, or all items of a bids and to awaM contracts to one or more bidders submitting identical bids as to price; to pt or reject any bids in whole or in part; to waive irregularities and omissions, if in so da ,the best interests of the Municipality will be served. No liability shall Bids shall be irrevocebl~for 90 days after the official Dosing time. accrue to the Municipal' for its decision in this regard THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHAStNG DIVISION Page 6 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) The plating in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. The Municipality reserves the rght to reject a Bid from any Bidder based on the following consideratans: a Bidder or a subcentractor 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 apes money including, but not limited to outstanding property taxes owed to the Corporation; and a Bidder a not in compliance with the Corporation's Corporate Polices and by-laws , including Property Standards By-law. 17. SUPPLIER PERFORMANCE EVALUATION Prior to the Contract renewal dates or upon expiry of the Contract, the Municipality of Clarington will complete a Performance Evaluation Fonn, 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 Pertomnance Evaluation shaA be used to determine whether or not the Company is: considered for renewal of a Contract with the Municipality; considered for award of any subsequent Contract opportunities. Throughout the life of the Contract, the Municipality shall communicate any performance issues/concems, to the Company. Persistent performance issues may resuR in an immediate Contract Performance Evaluation by all participating departments to determine if Contract suspensan or termination is necessary. Companies whose previous Contracts were terminated due to poor performance shall be considered for subsequent Contract Awards, only if theycan show proof, through a minimum of three references for similar work, that they have overr~me their performance issues of the past Contract The Municpality's decsion in this regard shall be final. The results of any Pertormance Evaluation may be disclosed to other Municpalities or government bodies upon request, where d can be demonstrated that the Company has listed the Municipality as a Work reference. 18. DEFAULT BY COMPANY a. If the Company commits any act of bankruptcy; or if a receiver is appointed on acwunt of its insdvency or in respect of anyof its property; orrf the company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract THE CORPIbRATION OF THE MUNICIPALITY OF CLARINGTON i PURCHASING DIVISION Page 7 of 11 SCHEDULE (B) STAN[~ARD TERMS AND CONDITIONS (continued) b. If the Companfails to comply with any request, instruction or order of the Municipality; or faits to pay axounts; or fails to comply with or persistently disregard statutes, regulations, by laws or directives of relevant authorities relating to the work; or fails to prosecute the with skill and diligence; or assgns or sublets the contract or any portion thereof voithoutMunicipality's prior written consent; or refuses to correct defective work; or is otherw m default in carrying out its part of any of the terms, conditions and obligations of~jtl a contract, then, in any such pse, the Municipality may, upon expiration of ten days from tlfe date of written notice to the company, terminate the contract. c. Any terminatior>'I of the contract by the Municipality, as aforesaid, shall be without prejudice to any other is or remedies the Municipality may have and without incurring any liability whatsoever in peel thereto. d. If the Municipali)y tenninates the contract, R is entitled to: i) take possession of all work in progress, materials and construction equgrment then ' at the project site (at no additional charge for the retehtion or use of the constru equipment), and finish the work by whatever means the Municipality may Belem appropriate under the circumstances; ii) withhoi~ any further payments to the company until the completion of the work and the expliry of all obligations under the Correction of Defects section; iii) recoveQ from the company loss, damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or bea)rrring due to the company, any balance to be paid by the company to the 19. The Municipality shall ve the right, which may be exercised from time to time, to cancel any uncompleted or unpe rtned portion of the work or part thereof. In the event of such cancellation, the Municipality and 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 work. 20. QUANTITIES Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall. be used as a basis for comparison orrlyyy. Payment will be by the ~rnd complete at the bid price on actual quantities deemed acceptable by the Municipality. 21. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent ~o opening of bids, they shall be delivered within three (3) working days following such request,II unless addtonal time is granted. Samples must be submitted free of charge. and will be retuned at the bidder's expense, upon request, provided they have trot been destroyed by tests, or a e not required for comparison purposes. The acceptance of sa~ples by the Municipality shall be at its sole discretion and any such acceptance shall in no ay be construed to imply relief of the company from its obligations under the contract. ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 8 of 11 , SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) Samples submitted must be axompanied by current Material Safety Data Sheets (MSDS) where applicaNe. 22. U~ RETY 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 fi0 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 provbed that all liabilifies incurred by the company in cstrrying out the work have expired or have been satisfied and that a Certficate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. The company shall, if the Municipality in ils 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 ib famish 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. 23. WORKPLACE SAFETY AND INSURANCE BOARD All of the ConUactor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an "Independent Operator. Upon request by the Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. For Independent contractors /Owners /Operators who do not have WSIB coverage, the following shall be provided upon request by the Calling Agency: Single Independent Contractors /Owners /Operators shall provide a letter from the Workplace Safety 8 Insurance Board confirming independent operator status and ident~cation number. To obtain this, contractors must complete the form °Determining workerllndependent Operator status", issued by the Workplace Safety & Insurance Board. (For more informafron, please contact your local Workplace Safety 8 Insurance Board Office and refer to this clause.) Single Independent Contractors !Owners /Operators must also provide a certificate from the Workplace Safety & Insurance Board confirming they have purchased the optional WSIB coverage. The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage. ^ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION ~~ SCHEDULE (t3) 24. 25. 26. 27 INSURANCE TERMS AND CONDITIONS (continued) Page 9 of 11 The company shall m 'fain and pay for Comprehensive General Liability insurance including premises and ali oper rrs. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Properly Damage or such other coverage or amou t as may be requested. The Company shall maintain and pay for Automobile Liability insurance in respect of licensed vehicles and shall haval~ limas of not less than $2,000,000.00 inclusive per occurrence covering all licensed vehicles owneq or leased by the Company. The policy shall includl: the Municipality as an additional insured in respect of all operations performed by or on be k of the Company. A certified Dopy of such policy or certificate shall be provided. to the munici prior to commencement of the work. Further certified copies shall be provided upon request `, The Policies shaA be orsed to provide that the Municipality is to receive not less than 30 days notice in writing in vance of any cencellation, material amendment, or change restricting coverage. Written no' shall be personally delivered to or sent by registered mail to the Agency. The Company will ensue that any and all Subcontractors also have valid Insurance coverage. LIABILITY The company agrees tq' defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands,) losses, costs, charges and expenses whatsoever for ail damage or injury including death to anon and all damage to any property which may arise directly or indirectly by reason of a requir t of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees Qb defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be insured or paid by the Municpality k the Municipality or any of ' empbyees shall be made a party to any charge under the Occupational Health and Safety Act i relation to any violation of the Act arising out ofthis contract. VISITING THE SITE The Company shall refully examine the ske and existing building and services affecting the proper execution of th~ work, and obtain a dear and comprehensive knowledge of the existing condkions. No claim r extra payment will be allowed for work or difficulties encountered due to conditions of the site ich were visible or reasonably inferable, prior to the date of submission of Bid. Bidders shall acre t sole responsibility for any eror or neglect on their part in this respect SAFETY The Company shall oball Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and laws, which could in any way pertain to the work outlined in the Contract or to the Employees of Company. Vlfithout limiting the rality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Ocar Tonal Heath and Safety Act and Regulations made thereunder, on a contractor, a Constru andlor Employer with respell to or arising out of the performance of the Company's obligations nder this Contrail. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 10 of 11 ' SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) The Company shall be aware of and conform to all governing regulations incuding those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. ' The Company shall provide Material Safety Data Sheets (MSDS) to the Municpality for any supplied Hazardous Materials. ' 28. UNPAID ACCOUNTS The compahy shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Mun""rcapality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. ~ 29. ~. 31 32. USPENSION OF WORK The Municipality may, without invalidating the contract, suspend performance by the Company from time to time of any part or ail of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 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 decease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such irxxease 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 empbyee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT fMFIPPAI All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and maybe subject to release pursuant to the Act Offerers are reminded to identify in their proposal material any specific scientific, technical, commercial, proprietary, or similar confidential information, the disclosure of which could cause them injury. Complete proposals are not to be identified as confidential. 33. CRIMINAL BACKGROUND CHECKS "The successful service provider covenants and agrees to provide the Municipality of Clarington, or such other entity as the Municipality may designate, with written consent to perform a criminal background check including Criminal Code (Canada) convictions, pardoned sexual offences, THE Page 11 of 11 SCHEDULE (B) records or convictions N OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION TERMS AND CONDITIONS (continued) the Controlled Drugs and Substances Act, Narcotics Control Act and Food and Drugs Act nd all outstanding warrants and charges for every individual who may come into direct con with youth or who are permitted entrance to private or restricted areas or residences. This will done at no cost to the Municipality and any such requested document will be submitted to the Municipality in its true form in advance of commencement of work. The Municipal issued is direct contact with Municipal identificafic whichever comes fir. unfettered discretion entering a private or biddeNpartner fails to policy and procedure. The Municipality of immediately and uni fail to provide the n Administrative Office anfificafion card must be wom when individuals are at a site where there nth or where access to any private or restricted area is anticipated. The card is valid for the term of the contract only or a one year term, Under the terms of the contract, the Municipality has the sole and prohibit an individual from coming into direct contact with youth or stricted area on a regular basis and to terminate the contract 'rf the Main or renew the Municipal identification cards according to Municipal ington reserves the right to cancel and/or suspend the contract Ily and without penalty to the Municipality should the service provider 'd documentation or otherwise adhere to this procedure. "The Chief the final say in determining any final action." OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-38 a~,ncw~c ~~,~ CAIJTQ ACTAQ SACFTV SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDU POLICY: Contractors and Sub-jontractors are responsible to ensure that their personnel are updated on all safety. Weems of the workplace and are aware of the safety requirements as requ red by the Contractor under the Occupational Health and Safety Act. Safety perform ce will be a consideration in the awarding of contract. Under the Occupational Health nd Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: • the measures land procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the ro' ; • every employer and every worker performing work on the ro ect complies with the Occupational Health and Safety Act and the Regulations (under the Ad); and • the health ana safety of workers on the aroiect is protected. • Where so prescribed, a constructor shall, before commencing any work on a project, give t a Director notice in writing of the project containing such information a~ may be prescribed. DEFINITIONS: Contractor -any indiJ~dual or firm engaged by the MunicipalRy to do work on behalf of the MunicipalRy. Project - means a construction project, whether public or private, including, • the construction of a building, bridge, structure, industrial establishment, mining plant, shaft to nel, 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 I'la building or structure, and any work or i construction. Construction - in maintenance, pa digging, boring, and any work or or any lands or appurtenances used in connection with erection, alteration, repair, dismantling, demolition, structural land clearing, earth moving, grading, excavating, trenching, blasting, or concreting, the installation of any machinery or plant, eking in connection with a project. JIAICVVLC kV /`ANTR6(:TAR RAFFTY SCHEDULE (C CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Constructor- means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. Project Manager- means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate must determine whether any designated substanceslhazardous materials are (or will be) present at the site and prepare a list of ali these substances. b) The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must. be provided to ali prospective constructors and/or contractors. c) The request for tender/quotations will require prospective centractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s) will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tendedquotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. g) The project manager or delegate must provide the successful contractor with a workplace orientation, which wiH include, but not limited to identifying known potential hazards, hazardous material inventory and material -safety data sheets for the sites. A workplace orientationlJob Safety Instruction Checklist to be completed (see Compliance page 9). h) Before the start of the assignment, the following documentation will be provided to the successful contractor, by the project manager or delegate. i) Copies of the Municipal Corporate Health and Safety Program ii) Departmental health and safety policies iii) Workplace procedures regarding heath and safety practices. CrfWTRACTAR SOFFTY SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDU J) The Municip: safety wamir mentioned iti right to issue contractor of Safety progr< health and s. to contractor Form (Schad k) Where applic employees tc Occupational I) The Purchasi monies owinc m) Responsibility project mana control practi~ Contractor H~ 3 Continued... The contractor has the responsibility to provide any and all prescribed personal protective eq ipmeM for their own workers, to include as a minimum but. not limited to har hats and safety boots. ff a worker(s) fails to comply with any program, polity, rule or request regarding health and safety, that person(s) is not allowed on th~ site until the person(s) complies. rty will retain the right to document contractors for all health and ~s and/or to stop any contractors' work if any of the previously ns are not incompliance. Similarly, the Municipality will have the vamings and/or to stop work if there are any violations by the ie Occupational Health and Safety Act, Municipal Health and ns, policies, rules, and/or'rf the contractor creates an unacceptable ety hazard. Written warnings and/or stop work orders can be given using Contractor Health and Safety Warning/Stop Work Order le "B" )~ the Municipality will retain the right to allow municipal se to work in accordance with the established policy and the th and Safety Act, in any unsafe conditions. g Department will maintain current certificates of clearance until alt have been paid to the contractor. for ensuring contractor compliance to this policy falls upon the er or designate. This will include identification, evaluation and es and procedures for hazards and follow-up and issuing of alth and Safety Warning/Stop Work Orders. CAWTRACTr]R SAFETY SCHEDULE (C) CONTRACTOR SAFETY i POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a heathy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee heakh and safety: In order to evaluate your company's heakh and safety experience, please provide the accidentfincidentanct/or Workplace Safety and Insurance Board (VNSIB) 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.) Al.r7tUULC lW PA\IT~APTAO CACCTV 5 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STVITEMENT OF RESPONSIBILITY As a contraGor workor the Municipality of Clarington, I/we will comply with all procedures and. requ ements of the O~upational Health and Safety Act, Municipal safety policies, depa nt and site specfic policies and procedures and other applicable legislation r regulations. IMie will work safely with skill and care so as to prevent an accidenta~njury to ourselves, fellow employees and members of the public. The contrado /successful tenderer certifies that a, its employees, its subcontracto and their employees, a) are av~are of their respective duties and obligations under the , .... , Oecup~ational Health and Safety Act, as amended from time to ~icH9,; and ~ '~~,~ ,~~ ~ .. W ., '% all Re~ulatiorrs thereunder (the "AcY'); and ~`~ ~`. • • -• '~ r: -._ b) have sufficient knowledge and training to perform all mattgrsrequirecT pursu nt to this contracUtender safely and in compliance idi~ the AGj<= i ,, , n: ;~._ - 2. In the perto ance of all matters required pursuant to this contrac~eq~e~, the ;` contractor/su~cessfultenderer shall, ~' ~=•~'""'~ .. ``\ a) act sa~ely and comply in all respects to the Act, and b) ensur~ that its employees, it subcontractors and their employees act sa#elyl~ and complying all respects with the Act. 3. The contract ~r/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being noted by any perso of the existence of such act, practice or non-compliance. 4. The contractpr/successful tenderer shall permd representatives of the Municipality end the Health and Safety Committee on site at any time or times for the purpose i~f inspection to determine compliance with this contractor/tender. 5. No act or orr~ssion by any representative of the Municipality shall be deemed to be an assum~ition of any of the duties or obligations of the contractor/successful tenderer or a v of its subcontractors under the Act. 6. The contract Municipality, a) from may tenderer shall indemnify and save harmless the y loss, inconvenience, damage or cost to the Municipality which iult from the contractorlsuccessfultendever or any of its :es, its subcontractors or their employees failing to act safely or to in all respects with the Act in the performance of any matters i pursuant to this contract/tender, ~~~ CONTRACTOR SAFETY 6 ;. SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Contlnued... b) against any action or claim, and costs related thereto, brought against the Municipality by any person arisirx~ 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, penaRies, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Actin relation to any violation of the Act arising out of this contract/tender. ............ :` l ! 9 C~actoc „? Na o erson ing for Contractor _ _ ~_ - :._ '•. Si lure= or Da e .~ti,ncvu~c ~~.~ rnuroerTno cecFTv 7 SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURES Continued... The purpose of this form is f~: (Issuer to check one of the following) _ Provide warning to tMe contractor to immediately discontinue the unsafe work practice described below !~ _ Direct the contractor o immediately cease all work being pertormed under this contrail due to the unsafe wrl~ic practice described below. PART "A" -DETAILS OF CONTRACT/P.O. # DESCRIPTION: NAME OF FIRM: PART "B" -DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) ~I CONTRACTOR SAFETY 8 SCHEDULE (C) CONTRACTOR SAFETY DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE i3< TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART "C" -ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. SlAdmiNForms & SpecslClsdngta~FWic/-MOC CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-38 INSTRUCTIONS TO TENDERERS P:1Dept 12\72-29677-18 (BCF-Intake 2)\Specs1CL2009-38 - IT.doc I IYUCA INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-38 CLAUSE SUBJECT PAGE 1. GENERAL .................................................................................................................................................... ......1 2. BLANK FORM OF TENDER ..................................................................................................................... ...... 1 3. TENDER DEPOSITS .................................................................................................................................. ...... 2 4. BONDS ......................................................................................................................................................... ......2 5. RIGHT TO ACCEPT OR REJECT TENDERS ....................................................................................... ...... 2 6. UNACCEPTABLE TENDERS ................................................................................................................... ...... 3 7. ABILITY AND EXPERIENCE OF TENDERER ...................................................................................... ...... 3 8. 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 ....... ....... 4 19. ADDENDA ................................................................................................................................................... .......5 20. UTILITIES .................................................................................................................................................... .......5 21. SCOPE/LIMITS OF WORK ..................................................................................................................... ........ 5 22. PROVISIONAL ITEMS ............................................................................................................................. ........ 6 23. TENDER OPENING MEETING .............................................................................................................. ........ 6 ~ INS 1 KUt: l IONS I V 1 tNUtKtKS PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-38 ' 1. GENERAL SEALED Tenders plainly marked "Contract No. CL200938" 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 L1C 3A6 Tenders must be time-stamped at the above noted location to be considered. Late submissions will not be accepted and will be returned unopened without exception. ' The use of the mail or courier services for delivery of a Tender will be at the risk of the Bidder. The Tender must come into the possession of the above-mentioned representative of the Municipality before the deadline for submission or the Tender will be returned to the Bidder unopened. In the event that the Tender is hand delivered and is received past the deadline for submission, the Tender envelope will be time stamped and returned unopened to the deliverer immediately. In the event that the Tender is received by a means other than 'in person' and is received past the submission deadline, it will be time stamped and returned unopened by courier. Note: Since Tenders must be submitted in a sealed envelope, submissions by facsimile or electronic delivery, secured or otherwise, are not acceptable. ' The onus unequivocally remains with the Bidder to ensure that Tenders are delivered to the Municipal Clerk, Clerks Office, 2nd Floor, before the deadline for submission, in accordance with the submission instructions. Requests for adjustments to submitted Tenders by telephone, fax or electronically will not be considered. The Municipality shall not be liable for any cost of preparation or presentation of Tenders, and all Tenders and accompanying documents submitted by the Bidder become the property of the Municipality and will not be returned. There will be no payment to Bidders for work related to and materials supplied in the preparation, presentation and evaluation of any Tender, nor for the Contract negotiations whether they are successful or unsuccessful. The Municipality, its elected officials, employees and agents shall not be responsible for any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Bidder, prior or subsequent to, or by reason of the acceptance, or non-acceptance by the Municipality of any Tender, or by reason of any delay in the acceptance of any Tender. 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. CL200938 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 DeposR Required $ 20,000.00 or less $1,000.00 $ 20,000.01 to 50,000.00 2,000.00 $ 50,000.01 to 100,000.00 5,000.00 $ 100,000.01 to 250,000.00 10,000.00 $ 250,000.01 to 500,000.00 25,000.00 $ 500,000.01 to 1,000,000.00 50,000.00 $1,000,000.01 to 2,000,000.00 100,000.00 $2,000,000.01 & over 200,000.00 4. All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. BONDS 2. The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful pertormance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An Agreement to Bond must be submitted with the tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. 5. RIGHT TO ACCEPT OR REJECT TENDERS The Authority reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do sa. Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. l:U1V I KAI.I IYV. ~.LLVVa vv t INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-38 ' 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. 8. REFERENCES 3. Bidders are advised that they are required to submit three (3) references on the form provided in the Tender Form section of 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. 4. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-38 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 The location of the work is Concession Road 6 from Old Scugog Road to Acres Road in the Municipality of Clarington. 14. SOILS INFORMATION A geotechnical investigation has been undertaken on behalf of the Authority. The results provided are for information only and are not guaranteed by the Authority. A copy of the boreholes are included with the Tender Documents as listed in the "Schedule of Tender Data". 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 interference with such service with the proper jurisdictional 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: Sean Bagshaw,P.Eng. 17. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Municipality of Clarington. 18. DEFINITION OF OWNERIAUTHORITY AND ENGINEERlCONTRACT 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. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-38 79. 20. 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. 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. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: Bell Canada: Enbridge/Consumers Gas: Cable TV Hydro One Veridian Hydro Clarington Street Lighting Durham Region Traffic Signals 21. SCOPEILIMITS OF WORK Ms. Ellen Hyde Tel: (905)433-2141 Mr. Jamie Rochford Tel: 416-758-7936 Ms. Cindy Ward Tel: 905-436-4138 Mr. Jim Hisson Tel: (905)623-1071 Mr. Peter Petriw, P.Eng Tel: (888)-445-2881 Clarington Operations Ms. Sue Arends Tel: (905)263-2292 Durham Region Traffic Depot Tel: (866)-786-8116 Due to budget constraints, the Municipality reserves the right to reduce or delete items in the Contract and/or revise the limits of construction with no adjustment to unit prices. Clause INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2009-38 G.C.8.01.02 of the General Conditions is revised in that there will be no additional payment for overhead cost as a result of any reduction of tender quantities. 22. PROVISIONAL ITEMS After the tender closing 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. 23. TENDER OPENING MEETING 6. 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 r CONTRACT NO. CL2009-38 SPECIAL PROVISIONS -GENERAL P:1Dept 12112-29677-18 (BCF- Intake 2)\Spec51CL2009-38 - SPG.doc IIYUCA COGl4A1 ~~A\IICIAUG~ ~rur1-.u INDEX ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 ' CLAUSE SUBJECT PAGE 1. PLAN QUANTITY ITEMS .............................................................................................................. ....1 2. GUARANTEED MAINTENANCE ................................................................................ I 3. ................. CONTRACT TIME AND LIQUIDATED DAMAGES .................................................................. .... ....1 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ........................................................... ....2 5. OPS GENERAL CONDITIONS .................................................................................................... ....2 6. LAYOUT BY CONTRACT ADMINISTRATOR ........................................................................... ....2 7. RESTRICTIONS ON OPEN BURNING ...................................................................................... ....2 8. PAYMENTS ..................................................................................................................................... ....3 9. UTILITIES ........................................................................................................................................ ....3 10. DUST CONTROL ........................................................................................................................... ....4 11. TRAFFIC CONTROL, FLAGGING .............................................................................................. ....4 12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS ..................................................... ....4 13. MAINTENANCE OF TRAFFIC ..................................................................................................... ....5 14. EMERGENCY AND MAINTENANCE MEASURES .................................................................. ....5 15. ENGINEERING FIELD OFFICE ................................................................................................... ....6 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .................................................... ...6 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES .... ...6 18. SPILLS REPORTING ..................................................................................................................... ...7 19. PROTECTION OF WATER QUALITY ......................................................................................... ...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. ENVIRONMENTAL PROTECTION PLAN .................................................................................. .10 28. GENERAL LIABILITY INSURANCE ............................................................................................. .1 l 29. CONSTRUCTION LIEN ACT ........................................................................................................ .11 30. PAYMENT FOR ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S PERFORMANCE GRADED ASPPALT CEMENT PRICE INDEX. .12 31. VARIATIONS INTENDER QUANTITIES .................................................................................... .13 32. REVIEW OF SHOP/WORKING DRAWINGS ............................................................................. .13 33. CONSTRUCTION STAGING ........................................................................................................ .14 34. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR ................................................................................................................................ 15 Jrt(;IAL rROVI510N5 -GENERAL PAGE ONE SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 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 on or before July 30, 2070. 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, and in accordance with By- Law 2007-071 regarding noise disturbances, 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. CL2009-38 2. the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for completion. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.10 is defined as an employee of the Contractor. 5. OPS GENERAL CONDITIONS Wherever in this ConVact reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, November 2006. 6. LAYOUT BY CONTRACT ADMINISTRATOR Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: The ConVact Administrator shall layout and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. 7. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. s. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 8. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. 3. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1/2 percent of the total value of work pertormed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Pertormance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-112%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07.03(b) and advertise the Certificate of Substantial Pertormance per GC8.02.03.04.03. ' As a condition of Progress Payment Certificate processing, the Contractor must provide a current WSIB Clearance Certificate and a Statutory Declaration in support of each Progress Payment Certificate and an updated project schedule as directed by the Contract Administrator. All interim monthly certificates are not conclusive as to the value or quality of services provided and payment certificates are subject to reopening and readjustment. The Completion Payment Certificate to include release of the remaining holdback will be issued within 120 days after the date for completion as specified under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. Acceptance by the company of the final holdback payment shall constitute a waiver of claims by the company against the Municipality, ' except those previously made in writing in accordance with the Contract and still unsettled. The Contractor shall include in his price for the publication of the Certificate of Substantial . Performance. Publication is mandatory whether Contractor requests Substantial Pertormance 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." SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 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. 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 right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carcied out. The cost of alf 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. 213/91, 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. a. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL200938 5 13. MAINTENANCE OF TRAFFIC The Contractor shall ensure that the road remain open to two-way traffic at the end of each working day. Single lane closures with flagging will be permitted in the immediate work area. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. The Contractor will be responsible for obtaining a Road Occupancy Permit from the Municipality of Clarington and the Region of Durham, where required, and for comptying with the terms set out in the permit. 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 signage and 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 any closures and to notify these same authorities when such closures are no longer in effect. It will be the Contractor's responsibility to keep the Police, Fire, Hospital and Ambulance services informed of any changes. 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 he charged to the Contractor. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 15. ENGINEERING FIELD OFFICE 6. The Contractor, shall, at no additional expense to the Authority, supply an office for the exclusive use of the Contract AdminisVator. This office shall be located as directed by the Engineer, but in no case shall be more than one kilometre from the Contract limit. The Contract Administrator's office shall have a minimum of 17 m2 of floor area, with a clear ceiling height of not less than 2.3 m, weatherproof, insulated walls and roof and a tight wooden floor raised at least 0.3 m clear of the ground. The office shall be fitted with a minimum of two glazed windows, both of which can be opened and are fitted with screens. The door shall have a reliable lock, all keys for which shall be in the care of the Contract Administrator. The Contractor shall supply electric light, heat when required, and an air conditioner of 8,000 BTU minimum when required, to the Contract Administrator's satisfaction and shall furnish the office with a minimum of one desk with drawers, one drafting table, five chairs, two drafting stools, one filing cabinet, a fax machine, a waste paper basket and a broom. Where the Contractor elects to supply a combination office for the use of the Contract Administrator and his own staff, the minimum requirements for the Contract Administrator's accommodation as outlined shall be met. In addition, separate outside access for each office shall be provided and the Contract Administrator's office shall be partitioned off from that of the Contractor, on the inside. Any inside connecting door between the two offices shall be fitted with a lock or closer on the Contract Administrator's side. Where the field office is situated remote from abuilt-up area and where alternate toilet facilities are not available, the Contractor shall also supply an acceptable chemical or equivalent dry toilet, in a location convenient to the Contract Administrator's office. The field office and other facilities shall be provided at the site within 14 days of the Date of Notification to Commence Work or on the date of the Contractor's actual commencement of work, whichever date occurs first, and shall remain at the site, if the Contract Administrator so requires, for a period of up to two months after the completed work is accepted by 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: Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or rightof-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 Vench 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. 7. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2D09-38 ~ 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 Vnyl Chloride No It is the responsibility of the Contractor to ensure that all sub-contractors pertorming work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H 1AB, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns has been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. The requirements of Section GC4.03 of the General Conditions of the Contract shall apply. VVNI KAVI ryV. IiLLVVJ'O4 SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 18. SPILLS REPORTING 8. Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.0.1990. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 19. PROTECTION OF WATER QUALITY At all times, the Contractor shall maintain existing stream flows and shall control all construction work so as not to allow sediment or other deleterious materials to enter streams. No waste or surplus organic material including topsoil is to be stored or disposed of within 30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required. If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the watercourses. No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction. The Contractor shall not carry out equipment maintenance or refueling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits. 20. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop" and "Yield" must be maintained throughout. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 9. 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 213191, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to 6e 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. 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 GUN 1 KAG 1 rv V. t.~cuua-ao SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 Rope Gas mask or dust, mist or fume respirator (optional) 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) • 7 minute Escape Pack Explosion-proof temporary lighting Adequate clothing to ensure protection against abrasions and contamination. 10. 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. Under no circumstances will material storage be permitted within areas delineated with tree protection fencing. 27. ENVIRONMENTAL PROTECTION PLAN The Contractor's attention is drawn to the following environmental protection requirements, which will impact construction activities within or in close proximity to all bodies of water. These measures are in addition or complimentary to the works included for erosion and sediment control under other items in the Tender. • Sediment and erosion control items included in this contract shall be implemented prior to any other construction in the vicinity of any watercourses, in order to prevent any sediment from entering the watercourse (including soil from exposed banks) and to prevent any downstream transport of re-suspended sediment. All disturbed areas shall be stabilized upon completion of works or attainment of final grades. Temporary erosion and sedimentation works should be maintained until vegetation has been re- established to a sufficient degree so as to provide adequate protection to disturbed work areas. All sediment traps, check dams and silt fence will be cleaned, as a minimum, when they are 50% filled. Maintenance of these devices is essential. Lack of co-operation on the part of the Contractor will be considered as a major violation to the Plan and the Contract and will result in 77. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 ~ ~ a shut down of the project operations until maintenance is performed to the Engineer's satisfaction. • All disturbed areas shall be topsoiled (if necessary) and re-vegetated immediately after final grading is completed. • Construction procedures and handling/storage of toxic materials shall conform to Ontario Ministry of the Environment regulations. • Stockpile or spoil materials shall be prevented from entering any watercourse. No grading or concrete pours shall occur over or close to the water without adequate barrier measures in place beforehand. The Contractor shall advise the Engineer in advance of placement of any stockpiled material so that the Engineer can determine what protective measure, if any, are necessary. • Any in-water works (i.e. channel tie-ins, pumping, etc.) will only be permitted during the period from July 1 to September 15. • All activities, including maintenance procedures, must be controlled to prevent the entry of petroleum product, sift, debris, rubble, concrete or other deleterious substances into the watercourse. Vehicular refueling and maintenance, including the storage of fuel containers, must be conducted 100 m away from the watercourse banks. • Maintenance of all proposed vegetation, once established, will be a critical component of the contract during the guarantee period. All temporary erosion and sediment control structures constructed (except dewatering traps) will remain in place during this period unless the Engineer requests their removal. Prior to the end of the guarantee period, if all vegetation has established successfully, these measures shall be removed (upon notification by the Engineer) as noted under their particular items in the Special Provisions -Tender Items. • All dewatering discharges must be directed to a dewatering trap. Materials from the excavation of the trap shall be removed from the site or controlled as the Engineer directs. The Contractor shall be wholly responsible for the adequate design and maintenance of the dewatering system (ie., pumps, cofferdams, etc.). The design will be subject to the review and approval of the Engineer before any work proceeds. • Maintain continuous and uninterrupted flow downstream of the construction site. Extreme reduction in stream discharge and water level above and below the site must be avoided. • No machinery shall enter the creek bed of any watercourse. Movement of construction equipment in the vicinity of watercourses shall be limited to the minimum required for construction. • All construction work in areas which in the Engineer's opinion may have adverse effects on the watercourse shall be monitored by a designated representative of the Contractor to ensure compliance with the Plan. • All clauses pertaining to the construction/placement of erosion and sediment controls in the Special Provisions-General and the Contract Items, will form an integral part of the project Environmental Protection Plan. liVl`I I RMV 1 INV. v~wva w SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 28. GENERAL LIABILITY INSURANCE The Municipality of Clarington and AECOM Canada Ltd. shall be named as additional insureds. (See Clause GC6.03.02.01) 29. CONSTRUCTION LIEN ACT 12. The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the ConVactor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents. 30. PAYMENT FOR ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S PERFORMANCE GRADED ASHPALT CEMENT PRICE INDEX The Owner will adjust the payment to the Contractor based on changes to the Ministry of Transportation's (MTO) performance graded asphalt cement price index unless the Contractor opts out by notifying the Municipality in writing within 5 business days of receiving permission to start work. Once the Contractor has opted out of payment adjustments based on the index, the Contractor will not be permitted to opt back in. The price index will be published monthly by the MTO. The MTO price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted into the Work. The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area, of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 73. A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs when the price index for the month differs by more than 10% from the price index for the month in which tenders were opened for the Contract. When the price index differential is less than 10%, there will be no payment adjustment established for that month. Payment adjustments due to changes in the price index are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted into the Work dudng the month for which it is established. However, a payment adjustment will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that have been granted. The payment adjustment for the month will be calculated from the following formulae: 1. When Ip is greater than 1.10 ITO, the payment adjustment per tonne of asphalt cement is (Ip - 1.10 ITO) and the Contractor receives additional compensation of: PA = (Ip - 1.10 ITO) x quantity of new asphalt cement in tonnes 2. When Ip is less than 0.90 ITO, the payment adjustment per tonne of asphalt cement is (0.90 ITO - Ip) and the Owner receives a rebate of: PA = (0.90 ITO - Ip) x quantity of new asphalt cement in tonnes Where: PA =payment adjustment for new asphalt cement, in dollars ITO = pertormance graded asphalt cement price index for the month in which tenders were opened for the Contract Ip = pertormance graded asphalt cement price index for the month in which paving occurs The quantity of new asphalt cement includes all grades of asphalt cement supplied by the Contractor with and without polymer modifiers. For each month in which a payment adjustment has been established, the quantity will be calculated using the hot mix quantity accepted into the Work and its corresponding asphalt cement content as required by the job mix formula except for mixes which contain reclaimed asphalt pavement. For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be determined from the difference between the asphalt cement content required by the job mix formula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the hot mix, as calculated by the Contract Administrator. For mix containing a liquid anti-stripping additive, the quantity of anti-stripping additive will be deducted from the quantity of new asphalt cement. No other deductions will be made for any other additives. For progress payment purposes, a final adjustment amount will be calculated once all asphalt has been placed. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 31. VARIATIONS IN TENDER QUANTITIES Clause GC.8.01.02 (b) of the General Conditions of Contract is amended as follows: The last sentence beginning "Alternativety" and ending "paid" is deleted and replaced by "The Municipality shall not be liable to the Company far loss of anticipated profY'. 32. REVIEW OF SHOPlWORKING DRAWINGS 14. For the portions of the work to be done under this Contract where detail drawings are to be supplied by the Contractor, six (6) copies of same, together with specifications, plus such additional copies as the Contractor and his subcontractors may require, shall be submitted to the Contract Administrator for review. The Contractor or his Subcontractor shall check and initial all shop drawings before submission to the Contract Administrator so as to intercept and correct any major errors or omissions. Shop drawings will not be reviewed by the Contract Administrator unless they have been previously checked by the Contractor. The review by the Contract Administrator is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Contract Administrator approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. Work which relates to the shop drawings shall not be carried out before the Contract Administrator's review of the shop drawings is complete. 33. CONSTRUCTION STAGING The work must commence immediately but may be carried over to the 2010 construction season. No paving shall be permitted after November 13, 2009; paving work may resume in the spring after half load restrictions have been lifted. The Contractor shall stage his operations such that all pulverized or otherwise disturbed areas are paved prior to November 13, 2009. Should the Contractor fail to complete the paving work by November 13, 2009, he shall be responsible far maintaining the roadway for the duration of the winter. i a. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2009-38 75. 34. 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. CL2009-38 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Municipality of Clarington from further obligations. Yours very truly, ............... Signature Property Owner's Name ............................Lot......Concession.......... Municipality of ........................................ (Please complete above in printing) Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Authority. CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-38 SPECIAL PROVISIONS -TENDER ITEMS r:u~ ~x~iz-zssn-~atsa~~zoosas-sr-n.ao ~ arct.w~ rrtvvwlVrvl - r CIYUCK 11 tM5 nA\IT~w/~T \IA /~1 noon nA PAGE ONE SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-38 ORDER OF PRECEDENCE Where a Specification or Standard exists in the Municpality of Clarington "Design Guidelines and Standard Drawings" for any element of the works, the Municipality of Clarington Specification or Standard shall take precedent over the contract "Special Provisions -Tender Items" or the "Ontario Provincial Standards". CLEARING AND GRUBBING -REM N0.1 ' Payment under this Item shall incude clearing and grubbing all trees, stumps and brush, as shown on the drawings. The limits of clearing',and grubbing work shall be agreed upon with the Contract Administrator prior to commencing the work. Adjacent home owners shall have first right to wood from tree removal, otherwise it shall be disposed of off the site at a location arranged for by the Contractor. In addition to the work required herein and further described under OPSS 201, the Contractor shall remove and dispose of all boulders within the limits of the required clearing and grubbing operation. All boulders encountered under these operations shall be disposed of away from the site at no additional t cost to the Municipality. EROSION AND SEDIMENT CQNTROL MEASURES -ITEM N0.2 The Contractor shall supply, install, maintain and remove any erosion or sediment control measures throughout the project limits as directed by the Contract Administrator. IN-PLACE FULL DEPTH RECLAMATION OF BITUMINOUS PAVEMENT AND UNDERLYING GRANULAR -REM N0.3 Included under this Item, are the costs associated with grading, compacting, and removal and disposal of excess material in order to meet existing grade elevations where new pavement meets existing pavement. The cost for stripping, removal and disposal of existing organic material on the existing road shoulder/platform is to be included in the Item. EXCAVATE FOR SUBGRADE VERIFICATION -ITEM N0.4 The unit price far this Item shall include for the following: • Excavation to expose utility or sufficient depth of granular fQl required for verification. • Backfill with native material following verification check by Contract Administrator. CULVERTS -ITEM N0.6 Payment shall be made under this Item for the supply and pladng of corrugated culvert pipe. Restoration of entrances shall be paid for under the respective Items for such work. The unit price bid shall include for supply and placing of granular backfill, as required. SPECIAL PROVISIONS -TENDER ITEMS 2• CONTRACT NO. CL2009-38 All CSP material under this Item shall be Aluminized Steel, Type 2 The cross culverts shall also include for the provision of frost tapers including excavating, disposal of excess material and granular backfill. Repairs to ends of existing culverts includes minor excavation as required, trimming of culvert end to remove damaged section, supply and installation of extension including acceptable corrugated steel pipe coupler. The Contractor shall ensure that the coupler fits the corrugation of the connecting culvert segments. All culverts shall have a wall thickness of a minimum of 2.0 mm. RIP RAP WITH GEOTEXTILE -ITEM N0.7 The work shall be performed in general compliance with the plans, OPSS 511, and as directed by the Contract Administrator, and shall consist of providing a protective covering of approved rock, on the ditch and gutter outlets as shown on the Contract Drawings. The Contractor shall supply all materials for this Item. Rock shall be an imported quarry material of field stone material; the quality of the rock shall be reviewed by the Contract Administrator. Rock subject to marked deterioration by water or weather will not be accepted. Rock shall fulfill the gradation requirements as follows: Gradation Limits for Rock Protection: 100 % Smaller than 300 mm ' 50% Larger than 200 mm 80 % larger than 100 mm Placing shall be done in such a manner that the surface of the finished rock protection shall have a uniform appearance and be without segregation. The rock thickness shall be as shown on the drawings. The Contract price for the rock protection shall constitute full compensation for the supply of the rock, the t supply and placing of a geotextile filter fabric, any excavation or trimming required for the bedding of the rock, the hauling and placing of the rock, and ail items incidental to the completion of the work as shown on the Drawings and in accordance with the Specifications. Geotextile for rock protection shall be Terrafix 270R or approved equivalent. The geotextile shall be free of folds and wrinkles. The geotextile shall be joined so that the material laps a minimum of 500 mm and shall be pinned together or as directed by the manufacturer's instructions. Alternatively, the geotextile shall be joined to conform to the seam requirements of OPSS 1860. Geotextile shall be keyed into the ground 0.3 m to ensure that soil cannot wash out from under the geotextile. EXCAVATE DELETERIOUS MATERIAL AND BACKFILL WRH APPROVED NATNE MATERIAL (Provisional) -ITEM N0.8 Payment under this Item shall include: Remove and dispose of deleterious material off site, as determined by the Contract Administrator, Proof roll subgrade, Supply, place and compact select native material. SPECIAL PROVISIONS -TENDER ITEMS 3• CONTRACT NO. CL2008-38 No work shall be performed under this Item without written authorization from the Contract Administrator. Measurement shall be by volume in cubic metres measured in its original posRion based on site measurements. EXCAVATE AND PLACE 450 mm NEW GRANULAR `B', TYPE 1 (Provisional) -ITEM N0.9 It is anticipated that the work will include, but not be limited to, the areas noted by hatching on the plans. The limits of excavation will be determined on site by the Contract Administrator and the Soils Consultant. No work shall be performed under this Item without written authorization from the Contract Administrator. In order to determine the limits of sub-excavation, test excavations shall be performed as directed by the Contract Administrator. Pertonning test excavations shall be paid for under the Excavate for Subgrade Verification Item. Payment under this Item shall include: • Excavate to depth required to accommodate 'Full ReconsVuction' treatment, as shown on typical section, and dispose of material off site, • Proof roll subgrade, • Supply, place and compact 450 mm of new Granular'B', Type 1, GEOGRID, TENSAR BX 1100 (Provisionaq -ITEM NO. 10 Payment shall be made under this Item for the supply and placing of geogrid BX 1100 as manufactured by Terrafix or an approved equivalent, on road subgrade at locations where directed by the Contract Administrator. GRANULAR `A' -ITEMS N0.11 AND 18 Included under these Items are the supply, placement, and compaction of Granular 'A' to 100% of the Standard Proctor maximum dry density. Granular 'A' used in shouldering shall be graded at 6% away from the edge of pavement. This Item shall also include excavating driveway base materials and supplying, placing and compacting Granular `A' to a depth of 150 mm minimum for driveways and driveway aprons. Placing and compacting of Granular `A' on shoulders shall be completed immediately after paving 1 operations to ensure safety of motorists should their vehicle leave the pavement. Granular `A' in driveways shall be paid for under Item No. 18. SAWCUTTING ASPHALT PAVEMENT -ITEM N0.14 Payment shall be made under this Item for the sawcutting of all asphalt at the limits of road and driveway construction. The unit price shall cover sawcutting of asphalt at whatever depth of asphalt is encountered. ~, The Contractor will be responsible for protecting the sawcut edge from damage until paving. Should the sawcut edge be damaged, the Contractor will be required to recut the asphalt prior to paving at no additional cost. 1 SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-38 WARM MIX, H.L.-8 -ITEM NO. 15 WARM MIX, H.L.-3 -ITEMS NO. 16 HOT M1X, H.L: 3 -DRIVEWAY -ITEM N0.17 ^. a. No work under this Item shall be completed after November 13, 2009. Paving work may resume in the spring after half-load restrictions have been lifted. The Contractor shall supply all materials required for the proper execution of the paving work in accordance with Municipality of Clarington specifications, OPSS 310 as amended, and at the depths as specified in the Itemized Bid and on the Contract Drawings. Asphalt cement supplied shall be performance grade 58-28. The unit price bid shall include for tack coat. Tie-ins at limits of construction on Concession Road 6 and all side streets shall be as per C-311. Asphalt width on Concession Road 6 shall be 6.7 m in accordance with C-208. Driveways are to receive Hot Mix Asphalt across width and back as far as directed by the Contract Administrator. Costs for placement of asphalt in driveway& are to also incude: removal and disposal of existing asphalt, and fine grading of granulars as required. Warm Mix Asphalt (VYMA) means warm mixed, warm laid asphaltic concrete produced using technologies that allow for the mixing, handling and compaction of the asphaltic concrete mixture at a temperature typically 20 to 50°C lower than conventional hot mix asphalt. The WMA shall be delivered to the job site at a minimum temperature of 60°C and a maximum temperature of 120°C. The Contractor shall submit mix designs to the Contract Administrator, including the following information, at least 14 Days prior to paving; • WMA technology to be used (including the complete name and address of the supplier); • Type and dosage of additives, if applicable, and how the additives will be incorporated to produce the WMA, • Temperature range for mixing, • Temperature range for compacting, • Documentation of past WMA technology field applications (including location, project owner, tonnage, and performance test results) The WMA shall be produced within the temperature range recommended by the WMA technology supplier to achieve target compaction in the field and to meet the requirements spec'fiied in the Contract Documents and Ontario Provincial Standard Specifications 310 and 1150. The Contractor shall ensure that the anti-stripping additive, if applicable, is compatible with the WMA. GRANULAR SEALING OF SHOULDERS -ITEM NO. 19 Payment under this Item shall include granular sealing of the shoulders in accordance with OPSD 210.070. Material shall be RC-30 or approved equivalent. STEEL BEAM GUIDE RAIL -ITEM N0.20 Under this Item and for the unit price bid, the Contractor shall supply all materials, equipment and labour as required for the installation of steel beam guiderail at all locations indicated on the Contract Drawings, excluding entrance treatments, and extruder end treatment systems. Steel beam guiderail may be either wood post in accordance with OPSD 912.140 or steel post in accordance with OPSD 912.130. SPECIAL PROVISIONS -TENDER ITEMS 3. CONTRACT NO. CL2009-38 STEEL BEAM GUIDE RAIL -ENTRANCE TREATMENT -ITEM N0.21 Under this Item, and for the un~ price bid, the Contractor shall supply all materials, equipment and labour as required for the installation of entrance treatment systems, in accordance with OPSD 912.531. For the purpose of measuring the quantity of steal beam guide rail, the entrance treatment will be considered to start at the beginning of radius. STEEL BEAM GUIDE RAIL -EXTRUDER TERMINAL SYSTEM -ITEM NO. 22 Under this Item, and for the unit price bid, the Contractor shaA supply all materials, equipment and labour ' as required for the installation of extruder terminal systems, incuding flexible reflective sheeting high intensity markers. Extruder terminal systems may be either wood post in accordance with OPSD 922.530 or steel post in accordance with OPSD 922.532. DITCHING -ITEM N0.23 The unit price bid shall include for full compensation for all labour, equipment and material necessary to do the work, including provisioa,of traffic conVol as per OTM Book 7. The bcations of ditching will be identified on site by the Contract Administrator prior to commencing the work. All surplus graded material shall be disposed of off the site at a location arranged for by the Contractor. Every effort shall be made not to damage tree roots. Should roots be severed, they shall be cut cleanly with sharp pruning tools. PLANT MATERIAL (Provisional) -ITEM N0.24 Payment shall be made under this Item for the supply, installation and maintenance of plants. The location of plantings, if required, shall be determined by the Contract Administrator. All planting and related work shall be done by experienced, qualified personnel under the direction and supervision of foremen with at least five (5) years of horticultural and planting experience. All trees shall be nursery grown and conform to the current editron of the Canadian Nursery Landscape Association's Canadian Standards for Nursery Stock. Trees shall be true to type and structurally sound, with straight trunks and leaders intact, and be well and characteristically branched for the species. Root balls shall not be cracked, broken, or damaged. All plants shall be free of disease, insect infestation, rodent damage, sun scald, frost cracks and other abrasions or scars to the bark. They shall be densely foliated when in leaf and have healthy, well developed root systems. Plant names shall be in conformity with that axepted in the nursery bade. Substitutions for the specified plants will not be accepted unless approved in writing by the Contract Administrator. The Contract Administrator reserves the right to reject any plant material, whether planted or not, which does not conform to the specifications. Do not remove any labels from plants until they have been inspected and approved by the Contract Administrator. All debris, clay lumps, roots and stones over 50 mm in diameter and other extraneous matter shall be removed from excavated soil to be used in backfill and disposed of off site. Shredded bark mulch free of any granular and organic material will be applied over planting pit areas of trees and throughout shrub beds in accordance with the Contract Drawings. A sample of the mulch to be used shall be submitted to the Contract Administrator for approval. SPECIAL PROVISIONS -TENDER ITEMS 6. CONTRACT NO. CL2009-38 The Contractor shall note that staking and securing of trees is not a typical requirement of the Municipality. However, should any trees move 10 degrees or more from the vertical plane prior to the expiration of the warranty period, or if a tree has excessive stem movement within the root ball at the time of planting, the Contractor will be required to straighten and stake the trees at its own expense. Straightening and staking shall occur within 30 days of written notification from the Contract Administrator. Maintain all plant material and assume full responsibility for protection of all planted areas until final acceptance of all project work. Keep planted areas free of weeds at all times. Remove all debris, broken branches, etc., and maintain planted areas in neat condition at all times. Water plants as necessary with sufficient quantities to moisten the entire root system. All plants that are dead, or not in a heaRhy, satisfactory growing condition, or which in any way do not meet the requirements of the spec'fiications, shall be replaced by the Contractor at the Contractor's expense. All required replacements shall be as originally specified. The warranty on replacement plant material shall be extended for a period equal to the original warranty period. Final inspection of all plantings shall be made at the end of the specified warranty period. Stakes and all staking material shall be removed at the end of the warranty period. The Contrail Administrator or Owner reserves the right to extend Contractor's warranty responsibilities for an additional year it, at end of initial warranty period, plant condition is not sufficient to ensure future health. TOPSOIL (IMPORTED) -ITEM N0.25 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 for growing of turf. A copy of the topsoil testing report prepared by a certified agronomist shall be provided to the Contract Administrator. The report shall document soil 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) -ITEM N0.26 Sod shall be placed in ditch inverts and as directed by the Contract Administrator. 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 'Southern Ontario' area and the winter dormant period is from November 1 to April 30, inclusive. Payment shall be made for 50% of the quantity placed once deficiencies have been corrected from initial inspection and the remaining 50% shall be paid once all deficiencies have been corrected following final inspection at the end of the maintenance period. tiVNI KAKI NV. y~cuvavv SPECIAL PROVISIONS - TENDER fiEMS ~' CONTRACT NO. CL200938 The Contractor shall be responsible for the full cost of replacing deficient sod as determined by the Contract Administrator. Payment shall be made under this Item for the placement of staked sod, in accordance with OPSD 218.01. Stakes used shall be wooden stakes. The unit price shall also cover removal of stakes upon complete germination, as direr by the Contract Administrator. ECOBLANKET -ITEM N0.2F To be installed bv: 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 tE0 1 877 548-8558 Web: www.landsourceorganix:cem OR Approved Equal. The Contractor shall maintain the surface 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 aril shall form a uniform cohesive mat. Failure to Meet Performance Measure: If the completed work does not meet the Performance Measure after the thirty-day inspection, the areas shall be documented, and the Contractor shall be notified of those areas, and re-inspected at sixty days. If the completed work does not meet the Performance Measure after the sixty-day inspection, the Contractor shall re-apply the specified materials in accordance with this specification within 14 calendar days of receiving the notification. The Contractor shall maintain the site until conditions permit application or re-application of 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 Contractor's expense. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2009-38 1.0 Description: 8. This work shall consist of famishing, constructing and maintaining an EcoBlanket (to Rexius specifications. EcoBlanket is a ground cover (surface blanket) of the Rexius specked composUmuk:h (Erosion Blend) combined with a special additive (Microblend) constructed with a pneumatic bower 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 composUmulch (Erosion Blend) combined with a special additive (Microblend) constructed with a berm forming machine (BermBuilderT"") and pneumatic blower to control sediment by removing suspended soil partices and contaminants from water moving off of the site and into adjacent waterways or stonnwater conveyance systems. 2.0 Material: The EcoBlanket and EcoBerm filtering 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 specfications of the Rexius EcoBlanket Erosion Blend material and Rexius EcoBerm Erosion Blend material supplied by a certified supplierfinstaller. The compost portion of EcoBlanket and EcoBerm 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 fora 'process to further reduce pathogens' (PFRP). The compost portion shall meet the chemical, physical and biological properties (as outlined in the chart on reverse). These and all other required properties for the Performance of the EcoBlanket are included in the Rexius EcoBlanket Manufacture Guidelines followed by cerbfied 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 EngineedLandscape Architect for approval prior to installation. Test results for EcoBlanket and EcoBerm performance shall be made available upon request. Erosion Blend Material must meet Rexius' minimum specification requirements for seeding purposes. 3.0 Construction: The EcoBlanket shall be placed as shown on the plans or as directed by the Engineer. On areas with a slope of 2:1 or less, the EcoBlanket shall be uniformly applied directly at the soil surface with a pneumatic blower as specified by Rexius. EcoBlanket shall be applied at a depth of 50 mm and approximately 90 cm over the top of the slope, or overlap it into existing vegetation. For EcoBlanket, Rexius Microblend shall be applied/injected at a minimum rate of 615 kgs per hectare (or as specified by Rexius), to be confirmed by inspectodproject manager. EcoBlanket application depth may be modified based on specific site (e.g., soil characteristics, existing vegetation) and climate conditions, as well as particular project related requirements. Erosion blend material will be injected with seed during application. Seed Mix shall be Standard Roadside Mix as specified in Table 1 of OPSS No. 572. The compost !mulch component shall abide by the minimum standards set by Rexius for seeding. Do not use EcoBlankets in areas of concentrated flow (ie. ditches, streams, etc.). Unless otherwise allowed by Engineer, seeding shall be pertormed within the local region's seeding deadlines. V VI\ 1 R/1V 1 1\V. VLLV V YVv SPECIAL PROVISIONS - TENDER REMS 9• CONTRACT NO. CL2009-38 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 EcoBenn for effectiveness and shall immediately correct all deficiencies. Where deficiencies exist, addifional EcoBlanket and EcoBerm material shall be installed immediately to required depth. 5.0 Performance: Place EcoBlanket on denuded areas immediately or as directed by Engineer. Seed shall be applied as indicated on the Contract Drawings for additional erosion and sediment control. The work specified in the 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. PAVEMENT MARKINGS -DURABLE -REM N0.28 Durable line pavement markings shall be screed applied thermoplastic type. 1 PUBLIC INFORMATION SIGNS -ITEM N0.29 Payment shall be made for the supply, installation, maintenance, and relocation, if required, of TC~67 public information signs. Loc2tion and wording for the signs shall 6e determined by the Contract Administrator. MISCELLANEOUS LANDSC{-PING -ITEM N0.30 Payment shall be made on a time and material basis for minor landscaping work not covered elsewhere in the Contract. No work shall be carried out under this Item without the authorization of the Contract Administrator. ASPHALT CEMENT PRICE ADJUSTMENT w;Provisional) -ITEM N0.37 Payment shall be made under pris Item for payment adjustment for asphalt cement placed in the Contract in accordance with Clause No. 30 of the Special Provisions -General. j BONDS, INSURANCE AND MAINTENANCE SECURITY -ITEM N0.32 Include: t 1. 100% Performance and Guaranteed Maintenance Bond for 24 months. 2. 100% Labour and Materials Payment Bond. 3. Liability Insurance based an the Contract Price. 100% payment of this Item shall be made on the first Payment Certificate. ^ SPECIAL PROVISIONS -TENDER ITEMS 70. CONTRACT NO. CL2009-38 SUPPLY AND MAINTAIN FIELD OFFICE -ITEM N0.33 Under this Item the Contractor shall supply and maintain a field office for the sole use of the Contract Administrator as described in Clause 15 of the Special Provisions -General. i Payment shall be made at 50°h on the first Payment Certificate and the 50% balance will be paid on the Payment Certificate following issuance of the Certificate of Substantial Performance. ra t CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2009-38 DESIGN GUIDELINES SECTION 900 INSPECTION/CONSTRUCTION ' ~`~«vrv yW UYbPECTION MATERLlLSA1m ~nw.cTV...~,~.. ,. ' - ---•~•• •••° .rror.;~x/vn MAIC"[(IAISANDCONSTRUCTIOIK-36 ' 1.0 GENERAL 1.01 These guidelines are to be ttsod in ottttjtrnraion wiW ~ ~~ ~ ottl is the Subdivision Agreement, in particular Sdtedule •1"-Duties of Owner's Engineer and Schedule "L'-ReguWioas fa C~n~u~ ' 1.02 The Owner's Cottsttltitt8 Engiaoer shall provide fidl-tune all Wotics. nvpa:tion and auperviy~ of ' 1 A3 The Consulting Engineer shall take extensive lands, and shall provide datod/descdbed O° photos of sunomdiog copies of each photograph to the Mtuticipa6ty. 1.04 Cotrstnrction sites are to be rrraintained to prevent unnecessary ponding of water. 1.05 Prior to requesting the inspoctions (or re-inspegia~) from the Municipality, the Consulting Engineer shall verify the proper w written request. mP~on of the Works, and submit a 1.06 All equipment, materials and methods involved n trerreh back611, 61fiag, gratrulars, concrete and asphak shall be monitored and Certified as Gaotechnical En ~ acceptable by the owners ' gureer (see anadred form). Urdess noted otherwise, the term "cornpaded" shall mean 95Y. Standard Proctor or higher (native materials) and 98% Standard Prapor or higher (granular materials). Such certificatiar shall 6e in a form acceptable to the Diroctor and shall incl~ ~ porrynB docruuwtation and test results. Mix designs for caraete ~ obfvned and- approved by We Geotechnica! Geotechnical Engineer shall enstire that tlrc type, Enter- The is sufficient to ensure certification. Furthemare, may, location and resuds of all tests ' Geotechnical Engineer shall ensure all results for a given stage of consWction are acceptable prior to commencing the next stage of construction. 2.0 STO_RMSgWERS 2.01 Ail 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/subslandazd 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 tme Io line and grade. Street catchbasins are to be installed in precise alignment widi curb lines, and no tolerances will be permitted. Rear yard catchbasins shall be accurately surveyed and verified by the Consulting Engineer for correct location prior to the issuance of a Certificate of Completion. The precast tops of manholes and catchbasins shall be checked for excess brickwork prior to roadbuilding. ar~urc~,~ivn, 01A[CIUALJ AND CONSTRUCTIO11~37 INSPECTTON,11fATERIALSAND CONSTRUCTIO11~37 2.03 Trench widths shall be kept at a minimum, while providing proper widtlts to enable mechanical coatpactron. All trenching must adhere to Ministry of labour rogaircmenls. 2.04 Manholes aro to be back611ed with compacted sand, eiteoding min. 1.0 m from dte outside fan of the structure. (t„atchbasins tam. 30pmm from ~ ~ of the atrvclare~ 2.05 House connotxioas shall extend 1.5 m into the lots and be phrgged wiW approved removable plugs. Bedding gall be as per approved stardatd drawing. Tees ahaa be pre- manufachmod for pipes 450mm diameter and smaller, Deed (on site) if 525mm diameer or huger, and shall be secwe and watertight The invert of all tees shall be kcated above the springline of ~e sewer main and shall be a murimum of 600mm @nnr the aiatett adjacent tee or joint, unless approved otherwix. 2.06 Cotrcrde pipes into/out of arartholes gall be concrete cradled precisely to the lust joint. 2.07 All storm sewers, including sheet and rear yard catchbasin leads (and individual service laterals where directed). shall be inspected using approved high quality video rtmrdiog equipmart and procedures. The mspxhon shall be carried out in a nraaner aoceptabk to the Municipality and all video tapes shall be submitted to d-e Municipality for review and permatrent storage. Video re-inspections may also be requested. 2.08 Irrtiltration shall not be permitted into the storm sewer system. All leaks shall be investigated b detemune tlreir source and shall be corrected to the satisfxtion of the Municipality. 2.09 Pipes which have failed in any manner, including cracking (0.3mm design Ioadurg cracks excepted), exposed reinforcing or other defects, shalt Ile removed and replaced to the satisfaction of Use Director No repairs shall be undertaken without the consent acrd the direct supervision of the Municipality. 3.0 BACKFII.I,BVG, GRADING AND GRANt1[.AR ROAD BASE 3.01 Backfill containing organic or hozen material, or excessively moist material which cannot support conventional compaction equipmerri, shall be deemed unsuitable and shall not be used. The initial lift of native bxkfill shall not excced LO m in depth above the compacted sand rover over the steno sewer and exh additional lift shall be placed in layers not exceeding 300mm loose measurement (unless pre-authorized by the Geotechnical Engineer). Each lift shall be compxted until it has achieved the specified density before any additional lifts aze plied. 3.02 Backfilling operations shall follow pipe installation as closely as possible and be limited to 75 metres ofopen trench maximum. •<•"•.:a,^.rrn, rn~7~C!(IALJ al ND CONSTRf/CTION-38 INSPECTION, MATERIALSAIVD CONSTRf/CTION-38 3.03 The Gcotechoic~ Engineer atoll daatment ~ ~. ~~ failures and rettats, in sequential order, cantmttottsly ~ Pte- A copy of all test results s6a9 be kept a< ~e site itaila, a tttldi6on to provdutg daily Pig of all test results oa the phm and profile dtawittga. 3.04 The Consulting p, ahaU erxane that the width, aril that ~e ~ fine 8~ to the correct ' mmmrmn 37. crossfall is eo~iste~y maiWained, with no gttudinal permitted. The Geotedtaical Engineer shall empty appropriate ttsting suitability of the subgtade, rodu~ng proof-rolling, aril shall wlte ' aPPe rooommendatious to the Consulting Engineer aril Mtmicipality. VVhcaever Possible. krcaliaed soft arras in the sttbg>de shill be material, not grannhr material What additional ~~ ~~ suitable eve considered an a stied by str+oet basis. Subdrainc ~ erg acc~atd'~ be 10:1 frost tetras mast be provided u~~'' ~ 3.05 Subdrains shall be installed only after the subgrade has been proof-mlled and the road structure has ban Crrralized. Subdwins shall be irrstalkd true to line and grade, in a trench condition, and shall fie backfilled with approved granular material having aggregates not exceeding 19rnrn. All subdrains shall fie supplied with a fills sock 3.06 The Gooteclurical Engineer shall confimr (in a form acceptable to the Muuici ' acceptability of each stage of roadbuildin P~tY) the Sub neat s g P~ to subsequent stages conunenciog. seq rages of road construction shall not proceed without approval Gom Municipal stall: 3.07 After base curbs are iustalled, all Granular B must be regraded and verified by Municipal staff prior to placing Granular A. (Any Granular A placed prior to base curbs shall be considered Gramrlar B). 3.08 Granular material shall be tested in accordance with the latest O.P.S.S. specifications. Material shall be tested at the pit and also as it arrives on site- Material not confomring to the specifications shall be rejected and removed from site. 4.0 CONCRETE WORKS 4.01 Concrete to be supplied by M T.O. approved sources only. All concrete shall be monitored and all applicable tests {compressive strength, slump, air entrairunenl, etc.) shall be carried out by the Geotechnical Engineer as specified in accordance with the applicable OPSS and ASTM specifications. Any material not meeting specifications shall be rejected immediately. 4.02 All concrete b be placed as per the Municipality's Standard Drawings. Contraction joints shall be in accordance with the Municipality's standard drawings and shall be completed as eazly as practical and before any initial cracking occurs. Large cracks or several INSPECTION, MATERULS,lND CONSTRUCTION-39 smaller txadcs btxtacea coehadion joints in webs wig require removal and replacement of that sedioe of aeb. Sidewa9ra wilt distend taaclts will also require teplaoemeet. 4.03 ("urirtg twmpoand shall fie g~slY applied to all exposed oonaete surf of ambient t ~' atpaattues or sasou. between 1 and 2 bolus of fmishittg. 4.04 All curbs to be placed using approved tattb matdtiecs. Excess concrete formed dining curb machine phtcaitent shall be promptly trimmed and removed prior to setting. The minimum laglh of cmb to be removed and replaced shalt be l.5 m. No concrete patcL repairs shall be permitted. 4.05 Prior to placanat of top curb, base cwb shall fie cleaned and then utspoded by Municipal stag Base curb and stirrups shall be repaired and/or replaced as diredad. 4.06 The depth of top crab at the edge of pavement shall not be less than I OOmm and shall be continually verified by die Consulting Engineer. 4.07 Immediately prior b the placement of top sub or sidewalk, Itte cxistimg surface shall be dampened with weer b prevent leaching of moishre from We flesh concrete. 4.08 Driveways to be as per approved house siting plws, with minimum widths oC 4.6m for single detached horses- 5.0 ASPHALT PAVEMENT 5.01 All asphalt pavement materials shall be supplied by MTO approved sourccs, in accordance witlt OPSS 310, 1003 and II50 (latest revisions thereof). MarshalUextractioddensity tests shall be tamed out by die Geotechnical Engineer in accordance with OPSS and relating to the approved mix design. Note: Provincial and Municipal projects differ with respect to contract administration, paving project sizes, Quality ControUQuality Assurance procedures and telling fiequencies. As such, several OPSS specifications aze not appropriate for Municipal use and shall not apply, as determined in the sole discretion of the Director. Since curtest testing methods do not enable ongoing monitoring (and therefore corteciive action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure, through their own Quality Control methods, that their product meets the basic standards with no exceptions for 'borderline' test results permitted. Any reference to `borderline' or to taking `immediate cortedive action' based on twtification of laboratory test results shall be deleted amt the product deemed unacceplabk. le. OPSS D310.08.04.02 which permits air voids beyond acceptable limits, provided the contractor takes 'immediate corrective action' shall not apply. Unacceptable work shall be immediately removed. Financial compensation using MTO formulas (to offset service life reduction in borderline work) may be considered, at the sole discretion of the Director, provided such amount is calculated by the Consulting Engineer, and all parties are in agreement. ••°+~.~a.aavr., ~1ICK/ALJ AND CONSTRpC7701V-tee INSPEC770N, MATERULSAND CONSTRpC770N--~O i ' 5.02 Prior to placing atrfatx y~lt 1~ ~t ~ ~ wept ~ of all dirt, dtibtis and dust. Areas of base asphah shall be teamed and rrphrced as sawcut at all pdituetgs, the ttse of a Geo-Gid err ~~' ~ a dirocted by the Mtttticipality. Low arras shall be padded to atriaa mat of unifomt thictoteas. ' 5.03 Each manhok is W be prociaely raised to final grade, a„d veri&~ by ~ Derdopa's Consulting Engines and Mturicipal staff: 5.04 Tack coat shall be applied just prior to surface pavmg apaations and shall tie allowed to ' dry until it is irr a proper condition of tackiness. The knggr of [oadwa limited to the irnmodtate pavng ~~ to trdtrce Y shall be the rate of 0.4 limes/ m hac~og• It shall be evenly appl;od at surfaces. ~• ~g care nOt to spray Garbs, sidewalks or any other adjatxnt ' 5.05 Driveway paving slut(be fully inspected and verified for depths of stone and asphah, and the compaction tlrereo4 and erwning thffi asphalt is ~ a sut5cient lernperatrre for Placement. lIIJA (HI,3E) will not be permitted, ex m ' approval of the Director. Cro ~ ~ special cases with the Materials testis ma be wrong ~ rotmdrng of ~ luaestone will not be permitted. 8 Y required for driveway apron gravel and asphalt, as directed 6.0 TOPSOQ SODDINGANtpSEFnnvr_ 6.01 All areas requiring sod shall fast be fore then preparod wiW i0lknnr of ood ~~ uLSpected by the Consulting Engineer, requirements oCOPSS 570 and 571,9n~additr~to Topsol and sodd~g shall meet Ote set out in these spaifications_ Boulevards shall havme~2'/. posr[ivddia~nalagregWVVard ~ curb and shall be fully sodded, except in areas covered by driveway aprons or sideway. 6.02 All topsoil shall be free from native till or clay, roots, vegetation, weeds or debris, stones and clods over 5(knrrr in diameter. Imported topsoil, if required., shall tie fertile, loamy, screened material of a quality acceptable to the Director (containing approximately 4% organic matter for clay hams and 2% minimum organic matter for sandy foams with acidity range of 6.0 PN). Topsoil infested by the seeds of noxious weeds will not be acceptable. 6.03 All sod shall meet the requirements oC Ontario Sod trowels Association No_ 1 Bluegrass Fescue Nursery sod. The sod shall be taken from good bamy soil and shall be heahhy, well permeated with roots, have uniform texture and appearance and be free from weeds. Sod must be laid within tFtitty-six (36) hours oC being cut. Care must be taken during its transportation and placement to prevent any drying out. Sod shall match flush with all adjacent surfaces and shall have no open gaps, overlapping edges or uneven joints. Where adjacent or fronting lands have already been sodded, care must be Taken to ensure ""'~ "u ~C~~ AND CONSTRUCTION-d 1 4._ INSPECTION, MATERULSAND CONSTRUCTION--41 age ~ maiohtiood and a smooth transition is achieved On slopes 3:1 and steeps, sod shall be stated as required. 6.04 Laid sod shall tie i~a;,lely roved to P~~e an even surface ~ ~~ shall conuneace immadiatdy thereafter and shall continue oa a regarr basis ratil healthy roots removed ~ Pmt. If sod Coils to establish immediately a shall be ~~ ~~ ~ No attempt shall tie uude to try to retstabliatr wpt/dead sod entire wort:had tie done m amp spea5c permission is gaoled 6y the Dirodor. The professional in ~l~Y wee wim i° ~'~ surfirce, and • My sod deemed mfit by me Director shad be immodiatel r~OVOd fiom ~ ~ ~haxd. Ia this regard, it is in the best interest of fhe oontraao to communicate with raidpits rogarding the Wads of newly laid sod own the fuss year. 6.05 Where approved by the M provided that it carforms to Uce~ty~ h~~c ~ mulching may be perfomrod Ontario Provincial Standard Specification No. 572. ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2009-38 ' STANDARD DRAWINGS P:1Dept 12112-29677-18\Specs\CL200938 - StandDraw.doc r PAGE ONE STANDARD DRAWINGS ' CONTRACT NO. CL2009-38 STANDARD NO. DESCRIPTION ' C - 208 20 m R.O.W. -RURAL - 6.7 m PAVEMENT 311 SURFACE PAVEMENT JOINT TREATMENT OPSD- 210.070 GRANULAR SEALING 219.110 LIGHT DUTY SILT FENCE BARRIER 219.180 STRAW BALE FLOW CHECK DAM 802.010 FLEXIBLE PIPE EMBEDMENT AND BACKFILL -EARTH EXCAVATION ' 802.014 FLEXIBLE PIPE EMBEDMENT IN EMBANKMENT ORIGINAL GROUND: EARTH OR ROCK 803.030 FROST TREATMENT -PIPE CULVERTS FROST PENETRATION LINE BELOW BEDDING GRADE 803.031 FROST TREATMENT -PIPE CULVERTS FROST PENETRATION LINE BETWEEN TOP OF PIPE AND BEDDING GRADE 810.010 RIP RAP TREATMENT FOR SEWER AND CULVERT OUTLETS ' 912.130 GUIDE RAIL SYSTEM, STEEL BEAM, STEEL POST WITH OFFSET BLOCK ASSEMBLY, INSTLAATION -SINGLE RAIL 912.140 GUIDE RAIL SYSTEM, STEEL BEAM, WOODEN POST ASSEMBLY, ' INSTALLATION -SINGLE RAIL 912.531 GUIDE RAIL SYSTEM, STEEL BEAM INSTALLATION -ENTRANCE AND INTERSECTING ROADWAYS 922.530 ENERGY ATTENUATOR, END TREATMENT, EXTRUDER TERMINAL SYSTEM ' WITH WOODEN POSTS, INSTALLATION 922.532 ENERY ATTENUATOR, END TREATMENT, EXTRUDER TERMINAL SYSTEM ' WITH STEEL POSTS, INSTALLATION r ~>~ n_ 0 n f+ n ri 0 vi m + ~. 1' z . t;. ~ m F~c, . K ~•. b ` 1 I I F,~' W W 17 p SJ ~ ~ s '~ K N ~, iF ... U U ~ 21 1 i ~ ~ N O b~! v ii '. n 6 K Wcu~ LLy < q > > ~~ ryF~ .. K . N r~: 0 q q ~ q N uo U Z m ~ ~ a$$ S3 y .." ~ ~n ~v. >i_ ~ r' ' L 3 :~,~:, I ~ 0 4 O Y m j .. 1 '~}~ .• Zq OZ Z ~ q o •1~ ~ ~ ~ F v '~~. . ~~ Fil p 7 . 0 N~ 3~ LL~~ •O ' ,. I~ m m Q O Q O m ~ Y O L O ~ i 3 +> N m - ` L ~ S IREfill l[ ~ o ~ Q AN dimensions an In melnss unless oPoerwhe rwiW. M 'ci alit of Claris on En ' eerie Services De artment emus ,,,peas, 20m ROAD ALLOWANCE-RURAL ~o~ 6 7 PAVEME ,,,E . m NT ~~ C-208 PAVDAENT BASE i PRGPOSED PAVDAENT To eE aEUwm ~ Nl3 Au EOG6 To BE PAMIED WIM A BIItIMNGUS EMUl510N All dim~nsiona on In mNllmalna urJaas ath~rwis~ noNd. Municipality of Clarineton En¢ineerine Services Department SURFACE PAVEMENT JOINT TREATMENT APRp. 2004 SECTION A-A E7USfING PAVEMENT aEVmon Na aeesoa uMe C-311 m eE nEMO~im I l-~~ Hand sprayed at guide roil I Hand sprayed at guide roil g Shoulder Noted 2 installation Ede of pavement r~ Cable or i ~ Steel beam guide rail 100 -{ box beam i~ i~ i Note 1 GRANULAR SHOULDER WITH OR WITHOUT GUIDE RAIL Hand sprayed Shoulder Rnd Note 2 i Cable or r box beam ~+ i Steel beam guide roil .{ Varies 100 -j Note 3 ~ ~ ~~ ii Edge of paved shoulder III----- Note 1 PAVED SHOULDER WITH GUIDE RAIL Shoulder 100 Rnd Note 2 Edge of paved shoulder Note 1 PAVED SHOULDER WITHOUT GUIDE RAIL NOTES: 1 Extent of granular sealer. 2 Rounding width is 0.5m. Rounding width is 1.Om of steel beam guide rail installations and for divided controlled access highways. 3 Where the width of granular shoulder in front of the guide rail is 300mm or less, granular sealer may be applied by hand spraying for the full width of this applicotion. A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2008 Rev 2 sTav~ P u, GRANULAR SEALING -_________ ~%~5~~~` OPSD 210.070 Areo under _ ~ / ~ \ ~~ I t Areo under _~ construction Area under construction 4r1 End ~,' run V ww t `~' ~ ~ ~K _ / y f t~ F ~~ ~.w i. fir{ Area under protection PERSPECTIVE VIEW Direction of flow SECTION r. ^^,~ ~A ~ ~ ~i ~ ' ~~ ~~4 ~ Silt fence barrier - Areo under protection Direction of flow n~ 2~ o~d n A eca ro '~~n y ~l ~ ~ry~ 2.3m1 Main run PLAN A Stake Geotextile c_ E 300mm min E of geotextile E in trench 0 Direction ~ ° of flow `o Trench to be backfilled and compacted Earth surface 0 0 N O tea NOTE: SECTION A-A A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 Rev LIGHT-DUTY -- -- SILT FENCE BARRIER ---------- °~~-~ OPSD 219.110 (~ i \ \\af \\V~Barrier main run End run I ~ ~ Stakes i50mm I ~ I Straw bales ~ f` i I Earth Stakes i50mm from end of bales Direction of flow Straw bales Note 1 ~ C~ I"- ~ . I . . I . ~ PLAN FLAT BOTTOM DITCH Stokes driven flush I I ' ~ ~ ~ Low point ~ '!, i i ,, Bottom of end boles --~ /' // ~ of downstream row to / be higher than the low I point of flow check. Downstream bale position outlined. TYP Straw bales Note 1 I V V V V I ` SECTION A-A Directionn of flow II Stakes 150mm C tj from end of I bales Bt . ~ . L-- PLAN C V-DITCH Forth 9 °~e , Stakes dtiven flush '~~ Low point Trench }a ~} ~`~ ~ ~ Trench Bale ties not to be in contoct with SECTION B-B ~s ground Trench to be backfilled and compacted 1500 NOTES: SECTION C-C 1 Number of bales varies to suit ditch. 2 Straw bales to be butted tightly against adjoining bales and shaped to conform to the sides of the ditch to prevent water flow through barrier. A All dimensions are in millimetres unless otherwise shown. _ ONTARIO PROVINCIAL STANDARD DRAWING Nov 2006 Rev 1 „o sT,u, STRAW BALE FLOW CHECK DAM _ _ _ _ _ _ _ _ _ _ OPSD 21 ~ . . . . . . . . . . . C Note 2 Typ ,, , D ~ ~, ^ ~' o~ ~~a ~ ~ IT1 1 f*I l J ..~.. ~ .. lr Ira ~ I n m D c,+ N ~ Z p m c D o Ul 3 ~ ~ (7 ~ O 3 ~ O Embedment, Typ ~ ~ ~ to rt ~ C rt0 ~~ 3 0 ~ O m 3» o 0 o a° -o ~' 3 ~ xz O 7 rt (D ~ ^~ U N ~ ~ 3 ~ D S y ~ N ~~ N~ U .~. G N (p ~ C^ ~^ O .Z N O a 3 D C m'N°~ ~~ -+o rn ~ \ 00 ~^' N ° 7 rt S N Z .~ o9'~.n ^ rn v ~w~~ .: f m n° ~i^ m o. ~ .+ .-v O -' ~~.Y'i rn 3 0 3 z _', N ~ ^~ 3 .« 3 O to O 3 ~ .;i ? ~^ o `Dp „y 3 O '• l ~ W ~ O Qi° a .. ~ ~ ''•. 4~. ^' ~ O ^ 1200mm ~ ~ ° ~: O ~ ^_ ^ m ~ ~ max Z ~`~~~ ~ ~ ~ m ~ o a t m ~ ~ O ~ N I r, -I ~~ o O ° ~ zmW ~ O ° ~ rn W ~ R7 °°° ~ U N 1'Tl ITI ~ N ~ ° O v - m D D ~ o ~ o v. ^ m ~ m r 0 1D 3 nO X ~ ° ~ ~ O ~ x Z ,o -^ o D ~ n D m r ~ ~ ° a~ Zo D W ~ Z ,o Zm ~ ~p O 3 i:;.° OC>m ~ ° 3 Z 7C 1 :•. ~..: „ r nl `' ~ ` ~ r k.,`°~ 3 Q~:~,:.~ Z o - o ~ ~ i.tti. r,z o ~ ''; a t(': D Z I 1 NO t i. O ~ ~ >i' ~ m (D D I I ~ to 3o°m .Z7 .3.~~ GC o~ 3 D o ~ D O I I O m m Z z`--~ ~" ~4 ~~ w ~ nl tp ~ o ~~ ~ n p C O N ~- w ~ o ZA o~NSM' ° ~ N -. c P ~ ~ ~ o m D o ~ :o m m to 0 i ~ ~ o 0 3~ W T ~ o O r ~ o 0 3 ~ m m `~ Q ~ a N~~AL ~ ~ ~ d,(1 •~uaiPa9W3 a ~ ... dv c~ e ~ p _- ___p____ ° v a `'n L \ l ~ c .. 0 ~ I O c 1 I ~, o ..= o w ~ ~v E ~ , ° E 3 rnu E y c O n EN ~`_ L a o « r ` ` o v ° o (wu.«z l E E F M p 0 v 0 0 rn c v v h- m C O rn c o` O J W ~ m Z K ~ O ~ H O Q J H Q ~ Z W (.~ Z rr . ~ W a a O n o m c o va ~ Y ~ C d L ~ N > U~ ~ w c ° ~ o wnuN ow aE x s y N W O O d 0 0° 2'I~«Z '[d ~ ° 1 ~_° _ c '~ o v ° J o E m `o F ° i°n v F' U W U m m Z m m o m Q _ o ~a°E ° m J N O > U a o O N O] c ~.. :. .~~~- Y o. W s i ~,... .. A,: O C ,d,~, ~ ~ a ~ r N o N I I m I 1 ~ I I 1 I ' N Q I I I I Q N I I N ~ I I I Z 1 I I O O Z Y U Q o p.. .. ~ .~ ~i . ,,• Y i " 1 ' `;~ r ' /J I ° ~ ~ f~ t t ~ I .. ~ ~; i ` j -. ~ - ~ ~~! w ~ a Z w F - ' j ,, .C r ~ I, ~ ~ w U Z a ~ ~ ;.,,.. t,y _ L~i. O o o Z 't`~'4j ~ e~ L ~~: ~ Z p o o ~ a Q a_ m ~ , - ~ ` W Z ~ ~ 3 °1 U fl ~ Z I,;" 0 a a a Z w O I I p ~ Wd' ~ ° ~ w E O J ~ I L to z° WZ ~~ ~ o ~ ~ a X 1 .. I, O i rn n J _ .i., i W o . O J Q < '~ . ~ ~ ~~> ~ ~ o ~ ~ a ~ Z . ~'•l:~ - ~ ~~~ a L~ o o ~ H U' ~~ ? ~• m ao 3 N ~ O ~ ... 4 `~~ .,~ ~ Y U O C ~. O c O ~ O C p ~ ..., ., . .. ~ v o m e N C~ o o ~ s ».. W J ~ c ~ c °a ~ > Q ~ ~ n ~ E a Z Z o 0 o U o E 3 W ~? ~ ~_ o co a~ ~ r a Q~. t a ~ L ~ :: - ~ ~ o 0 0~ o N 'D U] a+ ~, O O C ~ ~ ~ 6 O N N C E a ~O1L N > N C w. '~ a 7 E 0 0 0 0 D C . .Q V~ '~ E N N 7 ~ .- N Z ~ y~ C O -O N W I ~L a~ o.L_c O OI-n.w cjaa7 W J O Z~Nr7 a m D N -- Z ~O ~l n o i Q O H o v O fT1 II- ~ ~ x~ a~ oo~ o ~' fn ~ 3~ . + o~ o~ ~ O N Q N X I I a U~ ~ ~ O O ~ ~ m cn N m I I ~n ~c ° o. m ° I ~ I, y ~ o p m Oo ~ oo m I m ; o ocn oo ~ N N ^ 19 ~ 7 ~ ~ p I ~ O '~ p CTW N~ ~ I I ~' n ~ .+ O W OO 0 a ° o ~ ~ a O W 3 N Q I- I n `° 0_ NO o-O ~ ~ ~ m n. 7 0 J '~ ~ (TO p~ ~ I Im ~ o ~ NN N~ O IF ~ ~ 1 a O~ NN m ~ TI to m° -. Q O _ ~ N, ~ Io . w ~ ° O 13 D ~ n ~ c WO ~- ~ to i Q~ o ~ O N aD j 0 N p ~ I Id ~ p . o ~C ~ O Z dN O ~ ~ I -o O N ~ ~ ~ ~ _ aD y ~ ~ I,o 1 N'.. - O NO ~ N ; ~ to ~ ~ ~ :ate ~ - p ~ ~ N .. O . o ~ m ~ W R ~ I O m Z D O ~ I I z - -I ~, , I n ; 1 v m ~ Z ^' o ~ I _ _. `---'` C') 0 i, Z D ~ D ~ v O ~ r I - ~ - ~ ~ ( D I .T O Z ~ Z I m --------- ~ ~ z v la O r Z ~ * ~ ~ ~a ~ r I~ r*i r ~ ~ m I*i I r*i v I I I c~ x I o a o- o- m I n ~ C "" ~ v a v ~ss p m I ~ 1 D •• I O m ~ o 0 0 ~ I ~ ~ Z ~ I ~ G7 -„ -„ o m 1 N m m °a I v ~ .' N N ~ 0- I 7 ~ ~ ~ I I O I I I I z , 3 o o ' I I ~ I I o c o rt I I N o ~ ~ I v l I Q I I I ~ I I I I I ~ ' ' , 00 I I ' ~ W ,.~ I I O I Q i0 ~ N y ~ O 1'Cgh ~ I//~v rn I v ~ r~ r-- a ° a M I I ~ ~ ~ N I I I > I I I I ~ i I I I I N I I ~ Q I I I o ~ 0 N I I (n I I ~ c o m° > I I~ n a: i L 1= .- .~ Z I 10 d , O, y z I ~ ` , - o_ . ~ +~ ., n~ ~\ ° I f o ~ ~ _- •~ ~- o I ,~ ,~ ,~ m m U' H Z W ~ a ooo Z ~Wp ,~ I M~ L c s _ ? W W Q , i d . ~ a i ~ J~ d' i °' a p a i m a T T U I n J Z vv~I- H O ~ W , ~~ .. ; l o m ~ I I I I I U m U' ~ *~ ~~ 1 '` Z W J ~~ ~,~ ~ D Z a ... . I Q W W J d Z p tL \ o '..\~ o Z ~ ' Z m ~' FT Z ~ _____ __~ t' v a w Q p a ~ g O p Z 1= Z ~' a - - - --- ~/ ~ 1--!~ - -U' ~ o,n Z ~ Q o W ~ -__ - ~ ° a a T v a l ~ ~ a z cu ~~ rn H ~ ~ d W W a a ~ I ~ ° o ~ ~ 4. a c I ~' W v N o > O H W ° 1 :: v ~ ° o ~ ~ f- O n - ~O IZ m Q -~ ~~ = F ~N ~ V - ~ ° O c Z ~ O O E n -, I N M N V N H I a0 N N ~ c V- ~ ~ ~ ~ _ ~ - I a0 O7 N ~ ' "~ ° ~x I p ~n i o o C~a LL N N O ~ ~ 1 = U c a ~- --_' y I O O7~ NO ~ y d ~ o ! ~~ U C T _ ~ F O a0 .N+ twn U r O N ~ _ o+ ~ N ~ .-~ c c O • a~ ~ ' 3 a a~ '.. O L ° ~ 4 I ~~ i 'v ~a0 MN a ~w 3 ~ O .. In . I ~~ N ~ O O ~ ~ O N L N "L O ~ N ~ N C~ i - C O I Y y I Q y L ~ O N L pl 0 00 0« µ, ^. O -O O C ~L y~ Ow N W ~' Icy °tnN I~ G~ i ~ OwN _CO > ~ OO o I ~m ~ U~ dO ~~~" y o c O a ~==d I ~^ s E I o m a ° ~+ ~ I d ,~ 0 0 o ~ ~ N O p~ v ti N 0 I ~ N C ~ O !L' - O I I ~ ~ C N E ' C O_~ O N O_ O_ N O ~ O + ° ` X ~ O 4/ i ~ "' O ~+ s C +~ _ Q+ U O ~ d H I N O+ ~ ~ N li ~ U~ NM h O mr T C .~ d0 N I- = 11 I w a .-. oa~i °~ ° °oa 'ocOi~o - ~ i ~O a o ~ U U Li 0 ~ ~ I~w'a cnOQU Z •- N r7 Q m U D -• Z aO cD ~ - ~.N- -p S3 N ~ g ~^ m ~ - ~ _ _ ~ ^--~~i II - N .. O ~ 1 II 1 I p I II 11 ~ fD ~ (D C1 it I 11 1 1~ ~ f~A 3 ~ ~ ~ 11 1 11 , 1 11 II (D Q ~ ~ (D •^' N O f/1 N '~ ~ II 1 11 1 I I 11 II 1 1 ~-l N J (D m I I 1 I 1 p 1 ~ D ~- 1 N fD O Q a rt D , 1 11 I I 1 I 1 11 ~ ~ ~ I m ii p • ~ ~ .+ U n 1 1 n ~ ~~ ~ '~: -~~ C G ~ o O I I ~ ~ - ~~ rn~ ~ = O Z m o z 1 0 ~ 3 0~3 3 No D a ~ ~ ~ Z m ,.v ~ C a o ° D ~ ~ ~. a~i ° ~ m C) I ~ ~ o ~ I ~ ~ -+- ~ `~ `~ o I ~ f+7 I ~ ~ ~ 1 ~ ~ j o3 ~ ~ Z f+1 ~ 3 ,~ D m ~ ~ ~ m ~ ~ a I ~ s D ~ ~ a a Z D ~ a 3 ~ ~ ~ I~ ~ /~ ~ r _ f ~ O ~ ~ ~ o l J c m ~ _ ( T ~rt ~ D z ~ 1 '~ ' ~' -- ~ '° II ~ ~ I O T N ~ D II 11 ' p 11 1 1 ~ ITl v ~ ;' ~ ~~ ° O Z o ~ ~ m 1 I II , " r o ~ C ~ ~ ~ N m II ii i r Z I m ~ ~ II _ W~ ~'' T ~ O ~ ~ O I , 1 I_ j_ I , ' ` G Z Z 1 I ,::.: J '_l Y 1 1 t , N i m o W o N w c~ W ~ m --~ s~ ~ g o I I I I p ~.7 O +~ r I n ~ I 1 3 ~ 3 0 1 I ~ r 1 I 3 ~ I I N m X 0 ~ - '~ ~ o i OS ~ . (n O I I O ~ T I x Z ~ r ~ o 0 ~ ~ ~ I I J rr1 I ~ I I r ' o o I I - 00 I I rn " ~ I a I I ~ ~ ~ v O I I ~ O .. ~ I 0 • O \ O ~ W ~ V O ~ I N g v 3 ycq .5~ ~ ~~ ~ _l ~ :n~ U~n~ ~~N m 00~ n. ~ ~^ ! `- < , M T _- , o ~ 3 N N I ~ in c W > J W I I > I I r 0 0 o, ~ v w Z ~ I I I I r vi N Q I I Q _ QO z U a I I (n -- g s~s~ N I I a a ~ Q I I O c 3 Z I I 03 I I in >°. ua J rn~ ° ~~ _- Q ~~ ~ 90 V E ~ co ° n c~ a'" _ ; Z J C7 1 JO 1 e I O O ~ Z C L f r ~ a z 3Q J w > ~, W ~ w ~ m W Q ~ ~ J N -- ' -- -_°-- ° ~ ~" Q W l -. ' ----° . J J Om . Z N Z a ~- z oZ _o o (n ~-N 3® a u_ ~ r Q ~ Q °~ or xm o U ~ N Z Y Z ~m~ ,_, O Np d %o N ~ L° O Q.O ~ a°H ~ `~ co o d ~JJJ ~n ~ < c ~ W m QO Om ~ ~ N O W N ° ° ~ ~ W N ~ _ Z o FQ- 3i rn Z ~ ° p O C7 ;, -o _ - 3 W ~ -_ V O L r 3 o ' ~ ° L `~- Y '3 I N ~~ ~ W O +' ~ C~ C II O T ~ N O ~ ~ ~ O I ~ o o Sl6l '~ o o ~ ~p rn ~ n v Q' '° OJ C ~ ~+ ~ N NL = ON C y V E 3 w ~ m w O ; o la! J ~N m ~ ~ ~ Cpi °•V- ~ m ~ - C y " N __ J ~ e e Z ° C- ~ a o =_ H n~ m°p,~~L r ~ s Mim°v`~ O°~ n a o ~. ° O °w C .nO°~j N O~ ~o c~ ( Q O 0 ~ ~~ C ~ rn v o ~ ~ o W / L ~ ~L f~L ~~ a d y0 ~ - F W ~ N° O ~ N C O N M U' O Z _ l `~ d 0~ N O a n _ ti ~ m ° ~ L~ y N N ~ °' N o ~ eg _~_ - W O V O $i O r ~ ~'y -_ C F--~(11LQ ~ Z r- ¢ m U 17 D~~ N rt 0~~ O ~`L ~ t7 ~I~ r I~ - o p n m D -~ Z 7 D ,~-~.. S N .~r O~ O~ O H O N n o ITl N Q~ N ~ N UI fD a ~ S (n N 3 p~ N Q ,. N N (E N ~ p p7 a, ~ 7~ 0 N p ~ ~~ O N ~ to Ort Q ~ O NO .+S £,m l0O ~O N O ~ ~ . N N~ O'C N ~ 7 7 m m om o m ~~ a m o Ja ~' o ~ 70 0 ° ~ j 7 7~ "NO n ~. W N S a n ~~ ~ 7p rt R 'N.. 3 m~ ~ j ~ ~ m o ry NC O_.F ~ -+p 0'Q ~ _ 7 N p,0., ~ xON 00 m No _ 3 7 ~ ~ p C O 0_ rt I+ l0 A -~ C Z ~ Z v D ~ o ~ ~ r~ ~ a D O o m p ~ N r O m 7 r v D v ~ ~ Z r ~ a o O O N Z .-t Z O y n i ~ rj ~ ~ to Ny- ~ D Z V1 N Z G7 m ~ o r*~ ~ r^ v ~aror v ~_ ~ ~ .~ r ~ ~ Z G7 I ~ I I Z O I I ~ I I Np (n I I p I I ~ I I I I ~ m ~ I I < N I I ~ ~• O 0 ~ N ~ ~, (1 -~ r o m D ~ 1 O f z N Z m D r N_ O m m m ~. m ~ N_ Z ~_ ~ o s ~ ~ r Z F r*~ D r G ~ = 1200mm min n S D Z Z rn m r o ,,, m C 0 i9 v a a Z i ~ n io 0 -. 7 . S -~=iO3 o .. v 3 0 °, n _ ~ ii _ x ~_ J 3 3 0 N~o A x- n ~ z~ F ~ n Nss 3°3 ~~~ 0 00 ~;o ~~ ~~~ =tea ~~ ^ m ~ o ~a m^~ ~ ~ ~ ~. ~ °o ii v~~ a o0 ~ N N 0 0 k I o _a --i ~ FZ~ o .~. ~o m~ ~4 u 0 Z 0 N O Q 1) ~ S N UI ~ ~ v a d O ~ O ~ s - Z N I I ____ <QCR r ,i...e A...II~~e ...• .N..le .d n6:e..a r.ee 9...... Steel Beam Guide Rail Installation on Curve Post SBGR SBGR Curve Radius, m. Note 4 Object Free Zone Spaces Elements 0=70' 0=90' 0=110' L, m N', m 2 1 3.19 2.44 N/A 7.50 4.50 4 2 6.24 4.85 3.96 10.00 4.50 6 3 9.36 7.28 5.95 12.50 6.00 8 4 12.47 9.70 7.94 15.00 6.00 NOTES: `n 1 Posts shall be breakway wooden post Q3 to ©shown on ~~" OPSD 922.430. Guide rail shall be bolted to offset block and post with a 16mm bolt and no washer. 2 Post shall be 6reakoway wooden post Q3 to ©shown on OPSD 922.430. Guide rail at this post shall be held in position wish a metal shelf angle detailed on OPSD 922.410. On larger radii with two or more SBGR elements, guide rail shall be bolted to the posts with a 16mm bolt with no offset block and no washer. 3 Post located at end of radius shall be as per post tO and 2O with post anchor tube and soil plate according to OPSD 922.430. 4 SBGR shall be shop bent to the specified radius. 5 Nominal 100x100mm wooden sign posts are acceptable within the zone. A Area behind guide rail shall be 3H:1V or flatter. B For installations without structure connection, a ism minimum length of guide rail is required on the leaving end beyond w the end of radius. End is to be anchored by SBEAT or i leaving end terminal. C Steel beam guide rail mounting heights shall be as specified. D All dimensions are in millimetres unless otherwise shown. l~ L Object free zone see table, Note 5 ~` 3 1 0 u I w Standard 190z19Dmm wooden and offset blocks 3 1 I Curb w'~th gutter when specified ~ 7620mm channel and curb .with OPSD 912.430 PLAN SBGR with channel mounting height SBGR mounting hei ht trc OPSD 912.380 Note 3 `w o E ~ o ^~ ~ ~ t m % c ; ~' w v o N O ~ N 0 5 e ~ 0 c rn o m "~ a W p, r N ~ P N ~ c W V o 3 p N ` o :: o ' v o rn w T ~ ° .a ' ' E n d d 0 ao M ~. See table Note 2 Edge of driving lone main highway 7 SBGR mounting height Structure connection, L Cable assembly, SBGR cable attachment, and SBGR, OPSD 912.430 ELEVATION oPSD s2z.aD2 ONTARIO PROVINCIAL STANDARD DRAWIN( GUIDE RAIL SYSTEM, STEEL BEAM INSTALLATION - ENTRANCES AND INTERSECTING ROADWAYS Nov 2008 IRev s _-_______- c~PAC_p OPSD 912.531 c w E °m .S u~ V N ~ N rn~ c ~ ~> !n oa J O Z C7 f/1 W W U Z Q H Z W W Q a I jDZ`~rt S S 7~ SS /III 1 I IIII wm I _ (> , o F m C7 W D W N ~ Z ~ D n`~ o s s~ F SS O _ w m p m m O.O o y m' ~'3 ~3 ?~ ~ °~ vo O~ ~ N rt O w~ a . + .r 7 ~ C1 (D rt N (n fD O a ~ w N ~ i O O~ S ~ N ~ C O _ - ~ 7 a j~ m ~ c~ ~ N.N .lit0 0 0 a 7 N O ,~O .Z 1o ~~ ~ o w~ ~ a. ~ ~p of » o ~ 1 0» O N N w~ I S O 7 O_ 7~ O O p 7_ fA 41 y -1 tO N O - O W ~ I O ~ ~ N p f j S W S S m 7 3 ~~ wm ~ ~ !`to ma ~ ~ of 3 N O (D ~ S N O A F ~ Jo _m ~ ~ - n ° ~ a o rt ~ (D tea ~ tll N w ~ i - a A !mo . 0 A N O O (D (p ~ o ~ ~ ~ ~_ ~: m a O o d 7 W a i ~ ii rt N O OM ~~ 7 ~ O O ' - 'o 0 _1 ITI ~ !. ° a o o rn n Z ~? -~ m p rt O O ~ 7 ? o _ ~ z ~ ~ °- ~ o m~ ~ S W OO m - a O O ODD p m a ~ o » V.. ~ C -.{ o. J Q~ Q = r*imm A ~ ~ as a ~, 0 o ~ O A p ~ S D Z ~ D a ~ O n'1 ~ C7 o O ~ " Z r ~ ~ = m rn .Z7 N Z m n Z ~ ~ ~ `° ~, D r*i D ~ ZrZ z ~ v ° ~~o y D a O D"~~ o ° w r y Zt o a m m ° ~ w 3 s ~ ~ F ~ ~ O _ A ~ _ Z r'7 Z i ~ 3 ~ O Z ~ ~~O a 6dJ D N - ~m _ ` w O w N ~a3 wm o S D Z Z w N N ~ m C lY ~ O I I o m ~o w a ~~ T ~ ~ Q '~ ^O V O N~ ~ ! 3 ON -1 v i 3 v~~ ~ ~ ~ Q ~ j //~ W ' ~ J ni N~ ~ ~ m ~ O w ~ ~ ~ N W ~ o ~ ~ w r F Qom' rt 93~m Z m _m o ~ CJ 0 ¢~ N 0 W 1 Y ~~ ^ n v w N b m Q n VI O ~ N m ~ ~L ~ ~ ~ - F A `< /Nryq~. ~ o o O a o ~, ~.w ~ w O ~ ~ w w w 3 A m O N (1 O N N N w C m N a O ~ O) N ~O N l m N w -i N ~ W m o _ 3 m ~ m ~ o A 'o - ow ~ ~ ~ 2 N w w ~O N `D ~ m 3 O A O ~ m w '" S ~ rn v y rv 0 ~ c + ~ ~ W O [D T v T •lq ~' o ~ 1 a ' t EN vl N „ v ~~. ~ v y a°y u our M ~w a u•~- '= ago omo .~~~ J 'x du ` u inn OoZ ~ - E y N ~- L " d. " '^ o N ~ I I N °' v > I I 0 03 °~ ~ 1 I ~ I E am rno I C I W E L O 1~ I O • v ~ o v °~ ; v im N I ` o ~ ~ m u o 0 ~n`a I I o+o uy > O wz° wm `"- Z I I E I I O M M ~ d U a y n o '~ 3 O ~ ~ O Z '^ V Z .°- 5 Z O m _ W Z _ «~ 3 ~ O ~ ~ ~ ~ ~ ~ {~ E m a o ~ a W I I T N = ~ J L ~ cn J V ~ a €~ ~ era N E ~ O ~ ° N m ~ c Z Z J Z E d~ ~ W Q O ~ ao `~ Z_ o ~ L J w `n~ o ~ Q O W N E o - Z ~ v 0 N ~ O E _ Z Q~ ~ O ` -p Q O 1° ~ N E _ Q ~ /O ~J ~ J d ~ ~ W °' S W ~ .- d N L N W ~ ~ c O Q ~' N ° ' a w Y ~ c m m O _ c i ... ° a y' X 2 v N - O+ l - (7 W ~ ~ ` o N c . .~ ~ W ~ o C a- o m Z " ° o oo -o o W U rn „_ ~ ii ~ ~ C i ii ~ ~ p N p +~ vi r~ a ~ n a+ C N'- N .O C O w _ T ~~ N C ~ N a. y ~ ~; O y O i N v m N ~ ~~ 3 ~ y O N u ~ O n ~ C ~ ~ ~' m c'y O 9~ _ 7L O i 0 N E L L L CU. O O f0 L T N ' O M O C m N ~ ~ _ ~ O w 0 . L CT i L f/J L N ~ C F C 3 ~ U . ~, ' p ._ O t ' C0 3 ~ ~y a ~ ~ _ ~ O N (ll c o~ ;~ O~ Oi U .`~ ~ M O N Q L O N L C a_ ~ ] N ~n o~ o~ N ~ a ~ °~ ~ ~ -o ~o m•3 c ; m N m _ - 60 O N E C ~ C D_.~ N C C rn ~ ~ m U7 "' "' ~' O ~ o ~ .~ .... + N O oa O~ C O m y` Ed E N wo ~ ~ N a W ~'o ov o ~~ a~ m= ~ O V-N F NH f- tnZQ 3 Z ~ N M Q m U m o ~ m v in n m 3 0 1 r ^ N ~ p ql 0 a o n E ~O v u m '- rn o N 9 d ~ N ~ ~ N O p O w C C C OI m ~ o F n ~ ` M u N ~ U Q ~ ~ ` N <O X N a u d O w a E'er 0 M w O N d N". w a° ` o ° o CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-38 GEOTECHNICAL INVESTIGATION (Borehole Logs) JOIi NU: 09065062 ~~ `~' ' Soil Engineers Ltd. JOB NO: o9os-sos2 LOG OF BOREHOLE NO: 1 FIGURE NO: 1 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concesson Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Fkght-Auger Municipality of Clarington DATE: Juy 6, 2009 /AQ nGOn~rnr~AU_ _ . _ _ JOB NO: Dsos-soe2 LOG OF BOREHOLE NO: 2 FIGURE NO: 2 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington GATE: July 6, 2009 SAMPLES X Shear Stren th Atterb Li it Depth Elev SOIL DESCRIPTION m E m ;~ g (kWm2) ~° '~ 'so :ao erg m s R ~L u . m () n E ~ z m a ~ m > z £ m o Penetration Resistance O (bbws/0.3m) ro so so ro so • Moisture Content (%) ro zo so w ~ t 0.0 Pavement Surface 0 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR, Fill t AS - ~ Brown EARTH FlII , sand, a tr, of clay and some gravel 2 DO 30 O.a Brown, compact 3 DO 23 t t S FlNE SAND - a tr. to some sill occ. sih seams and layers 1.5 Brown, compact SILTY IaNE SANO a tr. of clay 4 DO 78 7 • c ~'a 2.0 occ. sih seams and Wyers 2 ~ E c END OF BOREHOLE c c E 0 `o L O J 3 4 5 Soil Engineers Ltd. i. It 1 I JVti IYV: UyU6-JUtlZ { LOG OF BOREHOLE NO: 3 FlGUREN0:3 J08 NO: osos-soe2 J08 DESCRIPTION: Proposed Rehabilitation of Concession Road a JOB LOCATION: Concession Road 6, Between Old Scu9o9 Road and Acres Road, METHOD OF 80RiNG: Flight-Auger Municipality of Clarington DATE: July 6, 2009_ LJ ~.7 l~ I~ it I rno n~nnn.nr....._ _ JOB NO: osos-sosz LOG OF BOREHOLE NO: 4 FIGURE NO: 4 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarilgton DAB: Ju 6,2009 SAMPLES X Shear St th Depth Elev DESCRIPTION v ~ E o ~ reng (kWm2) ~ '~ 15v 200 Atterberg Linits '~ ~~ w . (m) ~ z ~ ~ z o O (dowsro.~nl )> 7 to ao so so • Mdsture CaAent (%j i0 m 3o as w ~ g 0 25 inm ASPHALTIC CONCRETE 100 mm GRANULAR, Fill B 1 ~ - 3 • rown EARTH Fill , sand, a tr. of clay and same gravel 2 DO 14 O S • o.e B rave, compact 3 DO 19 t FINE SAND is a tr. to some silt occ. silt seams and layers SZ Brave, compact SANDY SILT, Till same Gay, a tr. of gravel 4 DO 12 12 • ~ '° 2.0 ow. sand and silt seams and layers 2 n 0 END OF BOREHOLE c 0 E a `o n 0 J 3 4 5 Soil Engineers Ltd. 1 r r `_ J08 NO: o9os-sos2 LOG OF BOREHOLE NO: 5 FIGURE NO: 5 JOB DESCRIPTION: Proposed Rehabildation of Concesslon Road 6 J08 LOCATION: Concession Road 6, Between OW Scugog Road and Acres Road, METHOD OF BORING: FIigM-Auger Municipality of Clarington oaTe J01 6, 2009 SAMPLES x sn~r srrengtb Atterberg Limits ~ Depth SOIL E ~ (kNlm2) sa ,oa ,s0 200 °~ ~ w ~ Elev. (m) DESCRIPTION ~ E Z n IT ~ > 2 t n O p~etrygon Resisyncy O (lows/0.3m) 10 30 50 70 90 • Mdsture Content (Yo) 10 20 30 40 Q 25 mm ASPHALTIC CONCRETE 100 mm GRANULAR Fill ~ AS _ 3 • Brown FARTH, Fill 2 ~ 14 O sandy sill, same day and a U. of gravel tapsdl indusions 0.a Brown, loose to compact t ~ 3 DO 7 SANDY SILT, Till a U. to some Gay, a tr. or gravel sand and silty Gay seams and occ . layers 4 DO 25 • 2 0 2 . END OF BOREHOLE 0 m n E U 3 0 4 5 Soil Engineers Lfd. roe No: 0906-SOB2 LOG OF BOREHOLE NO: 6 FIGURE NO: 6 JOB DESCRIPTION: Proposed Rehabildatbn of Concession Road 6 JOe LOCQT/ON: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Cladrgton Dare: July 6, 2009 SAMPLES X Shear Strength Atterber limits °~^ SOIL DESCRIPTION E m (~~) ~ '~ 150 zoo g ~ ° ~ > J Elev. (~n) m a ~ z a ~ ~ j z c m° o Penetration Resistance O ~) +0 3b sa- ~0 9o ~ Mdsture Content (%) to zo w as w 3 0 25 mm ASPHALTIC CONCRETE 130 mm GRANULAR, Fill 1 AS - ~ Brawn EARTH Fill , sand, a tr. of Gay and some gravel 2 DO 20 0 8 . Brown, compact 3 DO 20 1' 6 Q SILTY FM1E SAND a tr. of clay occ. sill seams and layers 1.5 Brown, compact SANDY SILT, Till same clay, a tr. of gravel acc. sand and sihy day seams and 4 DO 16 1 `o .~ 2.0 layers 2 v END OF BOREHOLE o E m 0 0 L Q a J 3 3 4 5 Soil Engineers Ltd. r ~ JOB NO: osos-soaz JOB NO: osos-soaz LOG OF BOREHOLE NO: 7 FIGURE NO: 7 JOB DESCR/PT10N: Proposed Rehabilitation of Concession Road a JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger hkinicipalily of Clarington DATE: July 6, 2009 I 1 I L r. _ IAQ ACCl~Orn-n~u_ _ _ _ JOB NO: osos-sos2 LOG OF BOREHOLE NO: 8 F/GURENO: B JOB DESCRIP770N: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality d Clarington DA 7E Jul 6, 2009 SAMPLES E X shear Sirengtll Atterberg Limits Depth SOIL a, (kWm2) Elev. DESCRIPTION ;, ~ m ~ 10D 150 200 P` -i °- (m) a d m c Penetration Resistance o 3 `^ > m p (~vy0 ~) • Moisture Content (q) t Z F- Z ~ ~~ 30 50 ]0 90 10 NI 30 i0 o.o Pavement Surface 0 25 mm ASPHALTIC CONCRETE 130 mm GRANULAR, Fill 7 AS - 3 Srown • EARTH, Fill 2 DO 32 sand and sandy silt, a ir. of clay, some gravel and topsoil inclusions 3 DO 17 1 4 DO 4 2.0 END OF BOREHOLE 2 0 m n E U O 0 3 4 5 Soil Engineers Ltd. w I JOB NO: osos-sosz LOG OF BOREHOLE NO: ~ FIGURE NO: 9 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road s, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: Ju 6, 2009 SAMPLES X Shear Strength Atterberg Limits Depth SAIL DESCRIPTION ~ m U "' (kN/m2) 50 100 150 200 P~_~ w > W Elev. (m) ~ ~ z ~ t- ? >° z m o penetration Resistance O (blowsl0.3m) io 3o w ~o so • Moisture Content (%) to xo ao ao a 3 0.0 Pavement Surface p 25 mm ASPHALTIC CONCRETE 160 mm GRANULAR, Ftl 1 AS - ~ Brown ~~~ Fdl 2 DO 41 d d d i san an san y s lt, a h. of clay, some gravel and topsoil inclusions 3 DO 13 1 1 1.5 Brown, loose SANDY SILT, Till some clay a U. of gravel q DO 9 1 z.o , occ. sand and silt seams and layers 2 END OF BOREHOLE 0 n E U O 3 4 5 Soii Engineers Ltd. JOB NO: o9os-soaz LOG OF BOREHOLE NO: 10 FIGURE NO: 70 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, eetvYeen Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarugton DATE: July 6, 2009 SAMPLES X Slur Strength Atterherg Hits ~ Death SOIL E m ~ (kWm2) so ,~ ,so zoa Pt t` j Elev. (m) DESCRIPTION g E z' ~' ~ ~ j z t a o Penevavon Resistance O (MowsHl.3m) to so so ro so ~ Mdsture C°Men! (/<) to so ao eo w 3 0 25 mm ASPHALTIC CONCRETE 130 mm GRANl1lAR, Fill 1 AS - y • frown, compact SANDY SILT, Till 2 DO 17 1 some clay, a tr. of gravel occ. sand and silty day seams and l o.a ayers Brovm, compact 1 t SILTY FINE SAND 3 DO 22 a tr. of clay occ. silt seams and layers 1. Y compaCl Srown , SANDY SILT, Till some day, a tr. of gravel 4 DO 14 t 3 • 0 a 0 2 occ. sand and silty day seams and layers 2 . END OF BOREHOLE ~ ° E N O t l1 a J 3 3 4 5 Soii Engineers Lfd. I JOB NO: osos-soaz LOG OF BOREHOLE N0: 11 FIGURE NO: 71 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCA770N: concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington - DA 7E: Jul 6, 2009 epm Elev. (m) OIL DESCRIPTION SAMPLES n E n > z' ~ z E O ~ "' n o X Shear Strength (kN/m2) so ,oo ,so zoo Penetration Resistance O (blows/0.3m) ,o no so ~c so Atterberg Limits PL ~ ; ~ • Moisture Content (%) ,o zo ao w ~ j W -+ W a 3 o.o Pavement Surface 0 25 mm ASPHALTIC CONCRETE 3 130 nvn GRANl1I-AR, FlII 1 AS - • Brown EARTH, Fill g 2 DO 11 • sand, a tr. of clay, some grovel and topsoil inclusions o.a Brown, dense 1 3 00 31 1 Q FlNE SAND some silt occ. sift seams and layers 1.5 Brown, dense c g O GRAVELLY SAND 4 ~ ~ • n E a tr. of silt o U 2.0 2 0 END OF BOflEHOLE E 0 0 r n n J 3 3 4 5 Soii Engineers Ltd. i Joslvo: D9DS-SDB2 LOG OF BOREHOLE NO: 12 FIGURE NO: T2 JOB DESCR1P770N: Proposed Rehabilitation of Concession Road s JOB LOCATION: Concession Road s, Between Old Scugog Road and Acres Road, .METHOD OF BORING: Flight-Auger Municipality of Clarington DATE Jul 6, 2009 SAMPLES XShear Strength Atterberg Limds Depth SOIL ~ N (ktJlm2) ~ ~~ ~~ ~ PL LL I w W -' Elev. (m) DESCRIPTION m n ~ z r t- ? ~ z z m o Penetration Resistance O ~~.~) io 3o so ~o so • Moisture Content (%) io zo as no w a 3 0.0 Pavement Surface p 25 mm ASPHALTIC CONCRETE 100 mm GRANULAR, FlII 1 AS - Brown EARTH Fill , sandy silt, some clay and gravel 2 DO 13 0 8 topsoil inclusions . Brown, dense to very dense 3 DO 34 t GRAVELLY SAND a tr. of silt 4 DO 52 2.0 2 END OF BOREHOLE 0 a E U O 3 4 5 Soil Engineers Ltd. JOB NO: osos-sos2 LOG OF BOREHOLE NO: 13 FIGURE NO: 13 JOB DESCRIPT/ON: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concesson Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: July 6, 2009 SAMPLES x shear Strength Atterberg omits Depth SQ(L m (kWm2) 50 100 150 200 ,~ ~ ' ~ > J Slav. (m) DESCRIPTION a ~ z a ~ m > z s iu o Penetration Resistance O Naaslo.3m) ~o ~ 5o ra so ~ Mdsture Content (%) to zo so ao w a 3 o. p 25 mm ASPHALTIC CONCRETE 700 mm GRAMMAR, Fill t AS - 3 • Brown, compact SILTY FINE SAND a tr. of day 2 W 12 ti 0 8 occ. sill seams and layers . Brown, dense 3 DO 34 ~ GRAVELLY SAND a tr. of silt 4 l~ 40 8 • 2.0 2 END OF BOREHOLE 0 n 0 0 3 4 5 Soil Engineers Ltd. .IOB No: U906-5062 LOG OF BOREHOLE NO: 14 FIGURE NO: !4 .IOB DESCRIPTION: Proposed Rehabilitatan of Concession Road 6 ,IOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road. METHOD OF BORING: Flight-Auger Municipality of Clarkrgton DATE: Ju 6, 2009 SAMPLES x shear SVergth Atterberg limits D h ~ SOIL E °' m (kldlrn2) so too rw zoo Pt w ' E,e,,. (m1 DESCRIPTION m ~ z T i- = > z m o O (NW15lD 3m)~Ce io 3o so ~o sa ~ Mdsiure Content (%) io zo so eo ~¢ 3 0 25 mm ASPHALTIC CONCRETE 100 mm GRANULAR, Fill ~ Ag _ Brown EARTH, Fill sand a tr of da and some ravel 2 DO 15 O , . y g 0.8 Brown, dense 3 DO 34 ~ 13 FINE TO MEDIUM SAND 4 a tr. of sift and gravel occ. silt seams and layers 4 DO 33 ~ ~ c o °' .0 2 n E 0 END OF BOREHOLE c E N O t d 9 >J 3 4 5 Soil Engineers Ltd. JOB NO: osos-soe2 LOG OF BOREHOLE NO: 15 FlGURENO: 15 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road s JOB LOCATION: Concession Road s, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: Jul 6, 2009 SAMPLES X Shear Stren th Atterbe Li it Depth Ele SOIL DESCRIPTION m m E °' ~ u, g (kNlm2) 50 100 150 2(p rg m s P` LL w > W v. (m) E z' n F ; z n o POenetratron Resistance (bbwsl0.3m) io ao so ro sa ~ Moisture Content (%) ro 20 m w H a 3 O.o Pavement Surtace Q 25 mm ASPHALTIC CONCfiETE 130 mm GRANULAR, FlII 1 AS - 2 • Brown EARTH, FlII 2 DO 19 t sandy silt, some clay and gravel topsoil inclusions t~a t t 4 3 DO 20 Brown, compact SILTY RNE SAND a tr. of clay occ. sift seams and layers L5 Brown, dense GRAVELLY SAND 4 DO 30 f2 • 0 .~ 2.0 a tr. of silt 2 n 0 END OF BI~fEHOLE ~ 0 E m 0 `o t n a J 3 3 4 5 Soil Engineers Ltd. I JOB NU JOB NO: osos-soa2 LOG OF BOREHOLE NO: 16 FIGURE NO: 76 JOS DESCRIP710N: Proposed Rehabilitation of Concession Road a ,JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: July 6 2009 ~J JOB NO: osos-soaz LOG OF BOREHOLE NO: 17 FIGURE NO: 17 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municiparrty of Clamgton DATE: Ju 6, 2009 SAMPLES X Shea Strength Atterberg omits Depth SOIL DESCRIPTION E m u (IQJ/m2) 50 100 750 200 P~ ~ ~ ~ j Elec. (m) a ~ z n ~ ~ > z t ro o Pai~bn Resistance O (Nowsl0.3m) io m so ro so • Mdsture Conlerrt (%) +o so w ao ~ lW- 3 o.a 0 25 mm ASPHALTIC CONCRETE 100 mm GRANULAR, Fill 1 AS - Brown EARTH, Fill 2 DO 16 O ~ sandy silt, some day and gravel topsoil indusions 3 DO 35 ~ t 4 DO 27 1 2.0 2 END OF BOREHOLE `o n 0 U O r 3 0 4 5 Soil Engineers Ltd. J08 NO: osos-soaz LOG OF BOREHOLE NO: ~ 8 FIGURE NO: 18 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Coruxssan Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: July 6, 2009 SAMPLES X star Strength Atterberg omits ~ I Depth SOIL E ~ (kWm2) so ,ao ,so mo j~ j w Elev. (m) DESCRIPTION a ~ z ~ r- ' > z t m o penetr~on Resistance O (dows10.3m) ,0 3o so ~o so • Moisture Content (/o) ,0 20 3o as w 3 0 25 mm ASPHALTIC CONCRETE 750 mm GRANULAR, Fill i AS - 3 • Brown _ i EARTH, Fill l 2 DO 24 O a • sand, some silt, clay and grave 0.8 Brown, cpnpad 7 1 2 SANDY SH.T, Till 3 DO t2 4 some day, a tr. of gravel occ. sand and sift seams and layers 1.5 compact Grey , FINE SAND 4 DO 24 6 c ~ n 2 0 a tr. of sill occ. sill seams and layers 2 . END OF BOREHOLE ~ ° E N O L n 0 J 3 3 4 5 Soi! Engineers Lfd. I JOB NO: osos-sosz LOG OF BOREHOLE NO: 19 FIGURE NO: 79 JOB DESCRIPTION: Proposed Rehabl8afbn of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF SOR(NG: Flight-Auger Mlnicipaldy of Clarirglon DarE: Jury s, 2009 SAMPLES x shear St th °e~h Elev. SOIL DESCRIPTION m m E ~, ~ m reng (kNfm2) 50 100 150 200 Atterberg Umits Pl LL I---i -~ W (m) ~ z' n ~ z n o Penetration Resistance 1a O 3~blov~.3m) ~o so • Mdslure Content (%) 1o zo 3a <0 w 3 o.0 0 25 mm ASPW1LTtC CONCRETE 130 mm GRANULAR, Fill Brow ~ p~ _ ~ n EARTH, Fill 2 lb 16 O ~ sandy silt, some tlay a n. of gravel , occ. topsdl indusials 3 DO 25 ~ 12 4 W 7 ~ 2.0 2 END OF BOREHOLE 0 m n E U O 3 4 5 Soil Engineers Ltd. IJOB Soil Engineers Ltd. Jos No: D9D6-5082 LOG OF BOREHOLE NO: 20 FIGURE NO: 20 JOS DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concesson Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: Jul 6, 2009 JOB NO: o9os-soaz LOG OF BOREHOLE NO: 21 FIGURE NO: 21 JOB DESCRIPTION: Proposed Rehabildatbn of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE July 6, 2009 SAMPLES x shear st ren 0l Att b Deah Elev SOIL DESCRIPTION ` m E d N g (kNlmz) ~ 1ao 1w ~ er erg Umits v~ ~ ~ w w . () m m E ~ Z m a ~. H m > Z ~ n m p Penetration Resistance O M (owsf0.3m) 10 30 50 'r0 gp • Mdsture Content % ( ) 10 20 30 y0 w 3 0 0 25 mm ASPIiALTIC CONCRETE 100 mm GRANULAR Fill 1 AS - ~ Brown/grey EARTH, FIII 2 W 12 sand sandy sift some da and ravd , , y g topsoil indusans 3 DO 12 1 7 1.5 frown, compad SANDY SILT, Till some day, a tr. of graael 4 DO 12 i 2.0 occ. sand and silt seams and layers 2 END OF BOREHOLE 0 n E ° u 0 3 O 4 5 Soi! Engineers Ltd. JOB NO: osos-sosz LOG OF BOREHOLE NO: 22 FIGURE NO: 22 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Charington Dale July 6, 2009 r Deah Elev. (m) SOIL DESCRIPTION SAMPLES = E n > Z fT Z E °' ~ t a D X 51>ear Strer501 (kN/m2) 50 100 150 200 pen~ralion Resistance O (`ldwrs/0.3m) 10 3O 50 70 90 Alterberg lmils Pt J` F- ~ . • MaisWre Content (/o) 10 20 30 ao ~ j W J w Q 0 25 mm ASPHALTIC CONCRETE 2 130 mm GRANULAR Fill t , qg • Brown 2 DO 22 EARTH, Fill sand, sandy sill, some day and gavel topsoil inclusions 3 3 W 6 t j 1.5 Grey, dense SILTY FINE SAND 4 DO 32 • ~ a v. of day occ. silt seams and layers ~ 2.0 2 END OF BOREHOLE c L a E U O 3 4 5 Soil Engineers Ltd. JOB NO: asos-soaz LOG OF BOREHOLE NO: 23 FIGURE NO: 23 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE Ju 6, 2009 SAMPLES X Shear Strength Atled,erg Limits Depth SOIL m m A (kN/m2) sa ,ao ,so z~ P~ ~ > Elev. (m) DESCRIPTION E z r ~ ~ > z ~ m o _ Oen ~~OR 3m) nce ,a 3o so ,o so • Mdsture Cant~rt (%y ,o zo ao w ~ a 3 0 25 mm ASPHALTIC CONCRETE 130 mm GRANl1LAR, FIII 1 AS - 2 ~ Brown EARTH, Fill sand, some siR, day and gravel 2 DO 16 O o a . Brown, very loose to loose 3 DO 10 1 SANDY SILT, TIII a tr. to some day, a tr. of gravel occ. sand and silly day seams and layers 4 DO 3 3 2.0 2 END OF BOREHOLE 0 m n E u 0 Z 3 O 4 5 Soil Engineers Lfd. JOB NO: osos-so62 LOG OF BOREHOLE NO: 24 FIGURE NO: 24 JOB UESCRlPTION: Proposed Rehabi'Aation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Aces Road, METHOD OF BORING: Flight-Auger Municipality of Claringfon DATE: July 6, 2009 SAMPLES X shear Strength Atter6er9 Limits ~ ~ Depth SOIL E -' ~ (kWm2) 50 10p 150 Zee I_ -I j W Ems,. (m) DESCRIPTION ~ E z' ~ ~ ~ > z t a o penetration Resistance O ~y~/p 3m) ro 3d So ~ to so • Mdsture CaMenl (/o) m zo ~o ao w S ~ 0 ' 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR Fill ~ AS _ 2 • Brown EARTH, Fill 2 lX) 25 O sand, some sift, day and gravel 0.8 Brown, compact 1 0 3 DO 22 SANDY SILT, Till Vaces of day and gravel sand and silty day seams and occ . layers 4 DO 15 1 2 0 2 . END OF BOREHOLE -- - -- m n U 3 0 4 r r 5 So il En g i n e er s Lt d . i 1- ' JUli J08N0: osos-soaz LOG OF BOREHOLE NO: 25 FlGUREN~:25 JAB ~ESCRIPTfON: Proposed RehabiNlation of Concession Road 6 J~8 LOCATION: Concession Road 6, Between OW Sctgog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE Jury 6, 2009 SAMPLES X Shear Strength Atterberg times J Depth SOIL E °' m (kWm2) so roo tso 2oa ~ _t w ' Elev. (m) DESCRIPTION n E z' n ~ ~ ~ > z r t ~ o penetration Resistance O (blows/0.3m) to 3o so ~o so • Mdsture Content (%) ra m so ao ~ w 4 3 0 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR Fill 1 AS _ _ Brown EARTN, Fill l ilt d d d 2 DO 18 8 ~ , ay an grave san , some s topsoil indusicns 0.8 Brown, loose lb 9 1 1 SILTY FINE SAND 3 a tr. of clay occ. silt seams and layers 1.5 Brown, loose SANDY SILT, Till 4 ~ g 0 2.0 sandy, a V. of gravel occ. sand and silt seams and layers 2 END OF BOREHOLE 3 v n 0 u 0 Z 3 O 4 5 Soil Engineers Ltd. JOB NO: osas-sofiz LOG OF BOREHOLE NO: 26 FIGURE NO. 26 JOB DESCRIPTION: Proposed Rehabditat'an of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: FIigM-Auger Municipality of Claragton DATE: Jul 6, 2009 SAMPLES X Shear Slrergth Atterberg limits ~ O h ~ SOIL ~ m N (kWm2) so 100 150 zoo v~ 1 w ' Elev. (m) DESCRIPTION m ~ Z T H m > Z m p O fdowsl0. m)~~ 10 3 50 70 g0 • Mdslure Content (°k) 10 20 30 40 ~ 25 mm ASPHALTIC CONCRETE 1BO mm GRANULAR Fill t AS - Brownlgrey EARTH Fill 2 DO 22 , sandy silt, some day and 9ravet 3 DO 14 ~ ~ 4 DO 24 • 2.0 2 END OF BOREHOLE d n 0 v Z 3 4 5 Soil Engineers Ltd. rr ~' r I LJ r ~~ r JOB NO: 0906-S082 LOG OF BOREHOLE NO: 27 FIGURE NO: 27 ,108 DESCRIPTION: Proposed Rehabilitation of Concession Road 6 ,108 LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE Jul 6, 2009 SAMPLES x Shear Strength Atterberg Limits Depth SOIL E -~~ N (kWm2) ~ 1~ 1so zao P~ LL ~~ w J Elev. (m) DESCRIPTION _ ~ Z n F 3 > Z £ m O Penelra0on Resistance O (dows/0.3m) tU ~ ~ l0 90 • Mdsture Content (%) 10 20 30 a0 w ~a 0 0 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR, FIII 1 AS Grey EARTH Fill 2 00 24 O , sandy silt, some day and gravel 3 DO 19 1 1 4 W 11 6 2.0 2 END OF BORE110LE 0 n E U O 3 0 4 5 Soil Engineers ttd. JOB NO: osos-saa2 LOG OF BOREHOLE NO: 28 FIGURE NO: 28 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concessbn Road 6, Between Old Sctx,~g Road aril Acres Road, METHOD OF 80RlNG: FIigM-Auger Municipality of Clarington DATE: July 6, 2009 SAMPLES X ~~ Stmt Atterberg omits Doh SOIL m (kWm2) so ,oo ,so zoo ;t j > rc ~J~,. (m) DESCRIPTION g E z' $ ~ m j z n v p o~wslstance ,o sod so )ro so • Mdslure Content (%) ,o zo an ao 4 3 0 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR Fill 1 AS - Grey FJIRTH Fill 2 DO 20 , silly day, same sand, a U. of gravel 3 DO 28 1 1 2 1.5 Brown, stiff SILTY CLAY, Till 4 DO 13 1 2.0 sandy, a V. of gravel a:c. sand and sift seams and layers 2 END OF BOREHOLE 0 n E u 0 3 O 4 5 Soil Engineers Lfd. f t 1_ JOB NO: osas-soaz LOG OF BOREHOLE NO: 29 FIGURE NO; 29 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 - JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE Jury 7, 2009 SAMPLES X Shea SUengOr Atterhag Limits ~ D h ~ SOIL E °' ~ (kN/m2) 5D 100 150 200 PL LL r w ' J Elev. (m) DESCRIPTION m ~ z T ~ > z m o O~ (hlows/0.3ce +0 3d so ~a so • Mdslure Content (%) ~o m w eo ~ 3 0 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR, Fill 1 A3 _ 3 ~ Brown EARTH, Fill silty clay of gravel some sand a lr 2 DO 38 1 , , . o.a Brown, firm to very stiff 3 DO 7 1 7 SILTY CLAY Till , some sand to sandy, a tr. of gravel occ. sand and silt seams and layers 4 DO 27 2.0 2 END OF BOREHOLE `o_ n E u Z 3 O 4 5 Soil Engineers Ltd. JOB NO: osos-soaz LOG OF BOREHOLE NO: 30 FJGURE NO: 30 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road B JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarirgton DATE: Jul 7, 2009 SAMPLES x ~, ~,~,sg, Atlert>erg Limits Depth SOIL E ~ (IdJ/m2) 5p 100 150 200 Pl LL w J elev. (m) DESCRIPTION ~ E 2 r H j Z t io O Penetration Resistance O (blo,vs10.3m) 10 ~ 50 70 90 • Mdsture Cmtenl (%) 10 20 30 40 w () 25 mm ASPHALTIC CC+NCREfE 130 mm GRANULAR Fill 1 AS - Brown EARTH, Fill silty day some sand a tr of gravel 2 W 13 1 0 0 , , . . Brown, Finn to stiff 3 DO 7 1 1 SILTY CLAY Till , some sand to sandy, a tr. of gravel occ. sand and silt seams and layers 4 DO 14 6 2.0 2 END OF BOREFIOLE 0 n 0 v Z 3 4 5 Soil Engineers Ltd. _J ~~ CJ i. r t JOB NO: osos-sos2 LOG OF BOREHOLE N0: 31 FIGURE NO: 31 JOB DESCRIPTION: Proposed RehabOitation of Concession Road s JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Garington DAlE July 7, 2009 SAMPLES x Shear Strength Atterherg limits ~wh SOIL ~ m ~ (kNlm2) so ,oo ,so zoo P~ w > (m) DESCRIPTION E z' n ~ m > z ~' n o O~(~slowsl0.3~ms)ance +o ao so 7o so • Moisture Content (°/) to zo w ao ~ 4 3 0 25 mm ASPHALTIC CONCRETE 780 mm GRANl1LAR, Fill ~ AS _ g • Brown, very sUf( to hard SILTY CLAY Till 2 W 17 2 • , some sand to sandy, a tr. of gravel occ. sand and si0 seams and layers 3 W 77 ~ 4 DO 35 12 • 2.0 2 END OF BOREHOLE c d n E o` r 3 0 4 5 Soil Engineers Ltd. JOB NO: osos-soa2 LOG OF BOREHOLE NO: 32 FIGURE NO: 32 JOB DESCRIPTION: Proposed Rehabilitation of Concesson Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: July 7, 2D09 SAMPLES X shear strength Atterberg omits ~h SOIL E m N (kWm2) 50 f00 150 200 PLC w > K Elm . ( ) DESCRIPTION 8 ~ z m a r- m ~ > z $ m o Penetradm Resistance O (t>Iows10.3m) to ao So ~o so ~ Moisture Content (%) rs zo sa w ~ 3 0 25 mm ASPHALTIC CONCRETE 150 mm GfiANUTAR FHI 1 AS - Grey EARTH, Fill silty cla avel some sand a tr of 2 DO 20 8 ~ 0 8 y, , . g and topsdl indusicns . Broom, stiff to very still 3 DO 15 1 1 SILTY CLAY Till , some sand to sandy, a U. of gavel occ. sand and sift seams and layers 4 DO 18 2.0 2 END OF BOREHOLE 0 n 0 u Z 3 O 4 5 Soil Engineers Ltd r ~~ JOB NO: osos-soa2 LOG OF BOREHOLE NO: 33 FIGURE N0:33 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Okl Scugog Road and Acres Road, METFIOD OF BORING: Flight-Auger Municipality of Clarington DATE: Ju 7, 2009 SAMPLES x sn~r Slrengtn Atterberg omits Depth SOIL ~ (kNIm2) ~ ,~ ,~ ~ et LL > W Elev. (m) DESCRIPTION n E z n ~ °' -' > z rn S n o Penetration Resistance O tianis10.3m ro ~ so )ro sa ~ Moislum Content (%)- to io ~ ao w ~ 3 0.0 0 25 mm ASPHALTIC CONCRETE 130 nxn GRANUWR Fill 1 qS _ 2 • Brown/dark grey Fill EARTH 2 DO 37 ~ , sand, sandy silt, some day and gravel topsdl indusims 3 DO 17 1 g 1.5 Brovm, compact SANDY SILT, Till f d t d tr l 4 DO 16 1 2.0 grave some san o san y, a . o occ. sand and silt seams and Wyers 2 END OF BOREHOLE 0 L a 0 v 0 it 3 O 4 5 Soil Engineers Ltd. JOB NO: osos-soaz LOG OF BOREHOLE NO: 34 FIGURE NO: 34 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 J08 LOCATION: Concessbn Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clar'vgton DA7Er July 7, 2009 SAMPLES X ~~ suengm Attaberg omits DeWh SOIL E m i (kNlm2) so roo tso sos ~ ~~ ~ Elev. (m) DESCRIPTION a ~ z a ~ a = > z n t m o penetration Resistance O (tYows/0.3m) ro od so ro so • Moisture Content (/,) ro za ao w w Q 3 0 25 mm ASPHALTIC CONCRETE 130 mm GRANULAR Fill 1 AS - 3 • Grey EARTH Fill 2 DO 17 1 • , silty day, some sand, a tr. M gravel topsoil indusions 3 DO 19 1 1 2 4 DO 5 2.0 2 END OF BOREHOLE 0 n 0 U O 3 O 4 5 Soil Engineers Ltd. JOB NO: osos-sos2 LOG OF BOREHOLE NO: 35 FIGURE NO: 35 J08 UESCRIP770N: Proposed RehabiAtatan of Concession Road 6 JAB L~C.QT/~N: Concessbn Road 6, Betv~en Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Cladrgton DATE: Jul 7, 2009 SAMPLES X Stir Strength Alterberg Limits ~h SOIL E ~ ~ (kN/m2) so 1ao 1sa zoe PI` ~ J > W Elev. (m) DESCRIPTION 8 E Z n H ~ > Z N z a Q Penetralim Resistance O blows/0.3m 10 ~ 50 TO 9p • Mdslure Content (%) 10 20 30 40 ~ w t- 3 0 25 mm ASPHALTIC CONCRETE 100 mm GRANULAR, Fill 1 AS - 3 • Brown EARTH, Fill some silt of clay and grave sand a tr 2 DO 13 , , . o.a Brown. compact 3 DO 72 ~ ' SANDY SILT Till , some Gay, a tr. d gravel occ. sand and silty Gay sears and la ers y 4 DO 20 2.0 2 END OF BOREHOLE 0 n 0 u 0 r 3 0 4 5 Soii Engineers Ltd. JOB NO: osos-sosz LOG OF BOREHOLE NO: 36 FIGURE NO: 36 JOB DESCR1PT10N: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Aces Road, METHOD OF BORING: Flight-Auger Municipality of Clarirglon DATE: Jul 7, 2009 SAMPLES X ~~ length Attaberg omits ~ D th ~ SOIL E m ~ (kWm2) so +oo iso zoo °F _~ w W ' ~~,. (m) DESCRIPTION c E z' $ ~ ~ j z N a o Penetratbn Resistance O dows10.3m +o ~ so )~o so ~ Moisture Content (%) io m w ao ~ w a 3 0 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR, Fill 1 AS - 2 • Brown/grey EARTH Fill 2 W 11 • , silty Gay, sandy sift, a U. ~ gravel topsoil indusians 3 DO 64 ~ 4 00 8 2.0 2 END OF BOREHOLE 0 n E u 0 r 3 0 4 5 Soil Engineers Ltd. JOB NO: osos-soa2 LOG OF BOREHOLE NO: 37 FIGURE NO: 37 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: Jul 7, 2009 SAMPLES X Shear SVengtli Attert~erg limits Depth SOIL DESCRI T E d ~ (kWm2) 50 f00 1W 200 Pl ~ ' j W Elev. (m) P ION m a E ' z T ~ ~ > z t ro o Penetration Resistance O (blows10.3m) io ao sa ~o so ~ Mdslure Content (%) ~a zo 3a as rc a 3 a p 25 mm ASPHALTIC CONCRETE 139 mm GRANULAR, Fill 1 AS _ ~ Brownfgrey EARTH, Fill 2 W 22 sand, sandy silt, same day and gravel 3 W 22 1 1 t~ 4 W 7 2 2 2.0 2 END OF BOREHOLE 0 a 0 U O 3 O 4 5 Soil Engineers Lfd. JOB NO: o9os-sos2 LOG OF BOREHOLE NO: ~$ FIGURE NO: 38 JOB DESCRIPTION: Proposed Rehatlilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORINCa: FIigM-Auger Municipality of Clarington DATe Jul 7, 2009 SAMPLES X Shear ~rength Atter6erg omits ~ ~h SOIL E °' N (~~) 50 100 750 200 PL LL > J Eler. m ( ) DESCRIPTION ~ z' m ~ 3 ~ z n p PeneUalion Resistance io O ~ ~0.3m)7o so • Mdslure Content (%) ro m ao w ~ ~ 3 0 25 mm ASPHALTIC CONCRETE 180 mm GRANIAAR, fill 1 qS _ 3 • Brown FARTH, Fill sand some sift day and gravel 2 DO 25 O 0 8 , , . Loose to compact 3 DO 6 1 1 SANDY SILT Till , some day, a U. of gravel y~ occ. sand and silty day seams and --ye y l ayers 4 DO 13 1 2.0 2 END ~ BOREFIDI.E 0 m 0 U O 3 0 4 5 Soil Engineers Ltd. JOB NO: osos-soez LOG OF BOREHOLE N0: 39 FlGUREN0:39 JOB OESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: concession Roads, Between Old Scugog Road and Acres Road, METHOD OF 80R/NG: Flighf-Auger Municipality of Clarington DATE ,July 7 2009 SAMPLES E X Shear Strength Anerberg Limits J De fh p SOIL m a (kN/m2) so too iw aw LL ~ Elev. (m) DESCRIPTION a ~ z a ~ m _= > z r o o Penetration Resistance O (blows/0.3m) +o ao sa ~o so • Moisture Content (%) to xo ao ao w 3 0.o Pavement Surface 0 25 mm ASPHALTIC CONCRETE 150 mm CdiANULAR, Fill 7 AS - Brown EARTH, Fill of clay sand some sill a U 2 DO 79 7 • , , . and some gravel o.e Brown, loose to compact 3 DO 7 ~ t SANDY SILT, Till a tr. of clay, some gravel occ. sand and silty clay seams and layers 4 DO 71 1 2.0 2 END OF 80RFNfN F 0 n 0 V O 3 t] 4 5 Soil Engineers Ltd. JOB NO: osos-sos2 LOG OF BOREHOLE NO: 40 FIGURE NO: 40 JOB DESCRIPTION: Proposed Rehabilitatbn of Concession Road 6 JOB LOCATION: Concession Road 6. Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger MunicipalityotClarington DATE: Jul 7,2009 SAMPLES x Shear Sirerglh Atterber9lirnits De h ~ SOIL E m ~ (F?Um2) w roo isa zoa rF~ w ' ~ t]e~,. m ( ) DESCRIPTION a Z ~ ~ > i N r n o Penetralicn Resistance O davs10.3m to au so )~o so • Moisture Content (%) to zo w ~0 ~ w a 3 0 25 mm ASPHALTIC CONCRETE 1 SO mm GRANULAR, Fill 1 AS - Brown/grey EARTH Fill 2 DO 19 1 2 • , silty clay, sandy silt, a U. of gravel tapsdl inGusians 3 DO 8 1 S 4 DO 4 6 2.0 2 END OF BOREHOLE 0 n E U O 3 4 5 Soil Engineers Ltd. JOB NO: osos-soez LOG OF BOREHOLE NO: 41 FIGURE N0: 41 JOB DE$CRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road B, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: Ju 7, 2009 SAMPLES X Shear Strength Aderberg Limits ~ De ih p SOIL E m a (kWm2) so roo rsa zoo P~_~ w ' elev. (m) DESCRIPTION ~ ~ z a ~ m _ > z r £ m o penetration Resistance O (blows/0.3m) io ~ w io so • Moisture Content (%) ro zo so as w a 3 o.o Pavement Surface 0 25 mm ASPHALTIC CONCRETE 180 mm GRANULAR, Fill i AS - 2 • Brown EARTH FII 2 DO 23 1 , silty clay, sand, a tr. of gravel 3 DO 31 1 1 4 DO 13 2 2.0 2 END OF B~iEHOLE 0 n E 0 Z 3 4 5 Soil Engineers Ltd. JOB NO: o9os-soaz LOG OF BOREHOLE NO: 42 FIGURE NO: 42 JOB DESCRIPTION: Proposed Rehabilitation or Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: Jul 7, 2009 SAMPLES xsnear suenyu, Atterbag Omits Depth SOIL E ~ (kN/m2) 50 100 150 200 ~__~ > J FJev. (m) DESCRIPTION ~ E z' a, ~ m j z '~ o. o O~ hbws10.3m)~ce t0 ~ so ~o sa •Mofsture Content (%) ro zo ao w ~ a 3 0 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR Fi11 1 AS - 2 • Brown EARTH, Fill sand a tr of avel ih G so 2 DO 11 1 • . g s y ay, me , 0.8 Brown, ssrr a very s6tr 1 2 SILTY CLAY TIII 3 DO 13 , sandy, a tr. of gravel occ. sand and silt leans aid layers 4 DO 21 1 • 2.0 2 END OF BOREHOLE 0 m 6 E 0 3 O 4 5 Soil Engineers Ltd. JOB NO: osos-sosz LOG OF BOREHOLE N0: ~~ FIGURE NO: 43 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road s JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOO OF BORING: Flight-Auger Munidpality of Clarington DATE: Jul 7, 2009 SAMPLES X Shear Strength Atterberg Limits J Depth SOIL E ~ (kNlm2) ~ ~~ ~~ zao ~-LLI m Elev. (m) DESCRIPTION ~ E Z n F m ? > Z °' t n O Penetration Resistance O (blows/0.3m) 10 ~ ~ i0 9p • trloisture Content (%) r0 20 30 40 w 7j o O Pavement Surface 0 . 25 mm ASPHALTIC CONCRETE 180 mm GRANULAR, Fill 1 AS - 2 • Brown EARTH, FlII 2 DO 23 silty clay and sand 0.9 Brown, very dense 3 DO 100 1 3 SANDY SILT, Till of ravel some cla a tr g y, . occ. sand and silty clay seams and layers 4 DO 50 ~ • 2.0 2 F11D OF BOREHOLE 0 c m n E 0 Z 3 0 4 5 Soii Engineers Ltd. JOB NO: osos-sos2 LOG OF BOREHOLE NO: 44 FIGURE NO: 44 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road s JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DA7>=: Jul 7, 2009 SAMPLES x shear ~,~„g~, Atterberg Limits Daptn SOIL E °' ~ N (IdJlm2) 50 100 150 200 PL L1 w > J elev. m DESCRIPTION a z ~ ~ m -'~ z r o Penetration Resistance to ~ so za so ~ Moisture Content (%) is zo w ao ~ ~ ~ 0 25 mm ASPHALTIC CONCRETE 180 mm GRANULAR Fill 1 Ag 2 ~ Brownlgrey EARTH Fill 2 DO 13 ~ , sandy silt, silly clay, a V. of gravel topsail inGusions 3 DO 3 1 1 4 DO 3 2 2.0 2 END OF BOREHOLE 0 n E U O T 3 4 5 Soil Engineers Ltd JOB NO: osos-soaz LOG OF BOREHOLE NO: 45 FIGURE NO: 45 JOB OESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OFBOR/NG: Flight-Auger Municipality of Garington DATE: July 7, 2009 SAMPLES x shear Stren th Atterber limit °~h SQIL DESCRIPTION d v ~ m g (kWmz) ~ 1W 150 200 g s PL LL > W ~ Elev. (m) ? Z T F ; Z m O OPene(rF/OResistance 10 30 50 70 gp • Moisture Content (%) 10 20 30 40 a 3 0 ~ 25 mm ASPHALTIC CONCRETE t80 mm GRANULAR Fill 1 AS - ~ Brown/grey EARTH Fill , sandy silt, some clay, a V. of gravel 2 °~ 22 0 8 . Brown, compad 3 DO 15 1 7 SANDY SILT, Till l f SZ some c ay, a tr. o gravd occ. sand and silty day seams and layers 4 DO 12 2 • 0 y 2.0 2 n v END OF BOREHOLE e E e `o a v J 3 3 4 5 Soii Engineers Ltd. JOB NO: asos-soaz LOG OF BOREHOLE NO: 46 FlGURENO: 46 JOB DESCRIPT/ON: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Cortcessbn Road 6, Between Oki Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarkglon DATE: July 7, 2009 SAMPLES X Shear Strength Atterberg omits Depth (kWm2) a~ Elev. (m) DESCRIPTION g ~ Z a F ; > Z i ~ ~ Penetration Resistance O ((blowy0.3m) 10 3b 50 70 90 • Moisture Content (%) t0 20 30 40 w 3 () 25 mm ASPHALTIC CONCRETE 200 mm GRANULAR, Fill t qS - 3 ~ Brawn/grey EARTH Fill 2 DO 23 ~ , sandy silt, a tr. of day and gravel 3 DO 30 ~ ~ 4 DO 10 1 ~ 2.0 2 END OF BOREHOLE 0 n E U O !~ 3 L) 4 5 Soil Engineers Ltd. J08N0: osos-soa2 LOG OF BOREHOLE NO: 47 F1Gt1REN0:47 JOB DESCRIPTION: Proposed Rehat9litation of Concession Road 6 JOB LOCQ T/ON: Concession Road 6, Between Oki Scugog Road and Acres Road, METHOD OF BOR/NG: Flight-Auger kMxiicipality of Clarington DATE Jul 7, 2009 SAMPLES x sneer SirPngth Alterberg limits ~n SOIL E ~ y (kWm2) so ,oa iw zoo rt t~ ~ w Feu. (m) DESCRIPTION v a i ~ z r o Penetration Resistance O (blawslD"~) io w so ~o so ~Mdsture Content (%) is xo w ao ~ w 3 0 25 mm ASPHALTIC CONCRETE 130 nxn GRANIA_AR, Fill ~ qS _ Brown EARTH, fill 2 DO 27 ~ sandy silt, some day, a U. ~ gravel 3 DO 46 I t 4 DO 14 2.0 2 END OF BOREHOLE 0 n E 0 Z 3 O 4 5 Soil Engineers Ltd. JOB NO: osos-so62 LOG OF BOREHOLE NO: 48 FIGURE NO: 48 J08 DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Aces Road. METHOD OF SORING: FIigM-Auger Municipality of Claringlon DATE: J 7, 2009 SAMPLES X ~~ Str~9th Atterberg Limits ~ Depth SOIL E ~ (kWm2) so too tso soo °~~ w elev. (rn) DESCRIPTION d ~ z ~ r- ~ > z N m o O (dotvsl0.3m~ce to ab so ~o so • Mdsture Content (%) to 20 ao ao ~ Q 3 0 25 mm ASPHALTIC CONCRETE 180 mm GRANULAR, Fill t pg - 2 • Brown EARTH Fill 2 DO 28 , sandy sift, some day, a tr. of gravel 3 !)D 17 t f 1.5 Brown, compad SANDY SILT, Till some day, a tr. of gravel 4 ~ 18 t • 2.0 occ. sand and silty day seams and layers 2 END OF BOREHOLE 0 n E U O Z 3 O 4 5 Soil Engineers Ltd JOB NO: o9os-soaz LOG OF BOREHOLE NO: 49 FIGURE NO: 49 JOB DESCR1PTlON: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE July 7, 2009 SAMPLES x Shear Strength Atterberg Limits Depth SOIL m E m (kN7m2) so ,aa ,so zoo P~-i w Elev. Im1 DESCRIPTION m E z' n r'-' > z y n o O dowslOR.3ms~ce ,c ao so ~ro so • Mdsture Content (°h) ,o zo w ao ~ w ; 0 25 mm ASPHALTIC CONCRtTE 150 mm GRANlAJ1R, Fill ~ AS _ 2 • Brown EARTH, Fill 2 DO 10 ~ 0 8 sand, some silt and day, a tr. of gravel . Broom, compact to dense 3 W 22 ~ t SANDY SILT Till , some day, a fr. of gravel occ. sand and silty clay seams and layers 4 fxl 37 12 • 2.0 2 END OF BOREHOLE 0 n 0 U O 3 0 4 5 Soii Engineers Ltd. JOB NO: osos-soaz LOG OF BOREHOLE NO: 50 FIGURE NO: 50 JOB DE$CRIFTION: Proposed Rehabilitation of Concession Road 6 JDB LSAT/ON: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: Jul 7, 2009 SAMPLES E XShear Strength Atterberg Limits Depth SOIL ~ (kWm2) 50 ,oo ,so zw PF--~ w ~ elev. (m) DESCRIPTION a ~ Z n F m -' j Z "' £ ~ p Penetration Resistance O (bbws/0.3m) ,0 30 50 111 9p • AAOisture Content (%) 10 20 30 40 w 3 0 0 Pavement Surtace 0 . 25 mm ASPHALTC CONCRETE 250 mm GRANUIJUi, FII t AS - q ~ Brown EARTH, FII 2 DO - gravelly sand, some sift o.e Compact to dense DO 2 1 t SANDY SILT Till 3 2 , some clay, a tr. of gravel ~~ occ. sand and silty clay seams and- ~~, layers 4 DO 37 1 2 0 2 . END OF BOREHOLE 0 m n 0 U O 3 4 5 Soi! Engineers Ltd. JOB NO: ors-soaz LOG OF BOREHOLE NO: 51 FIGURE NO: 51 JOB ~E$CR//~T/ON: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: Jul 7, 2009 SAMPLES E XShear StrengU~ Atterberg Limits Depth SOIL ~ m m (kNlm2) sa iao iso zoa ~~ ~ ~ elev. (m1 DESCRIPTION ~ E ' z $ ~ _ j z £ a o Penetration Resistance O (bbwsl0 3m) ro ao so ro so • Moisture Content (%) io zo ao ac w 3 o.o Pavement Surface 0 25 mm ASPHALTIC CONCRETE 200 mm GRANIRAR, Fill 1 AS - 3 • B rown 2 DO 15 O FJIRTH, Fill sand, silty clay, a tr. of gravel topsoil inclusions 3 DO 12 1 6 is Broom, compact SANDY SILT, Till f l tr 4 DO 10 1 2.0 a . o grave occ. sand and silt seams and layers 2 END OF BOREHOLE 0 n E U O Z 3 0 4 5 Soil Engineers Lfd. JOB NO: osos-sasz LOG OF BOREHOLE NO: 52 FIGURE NO: 52 J08 DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Claringlon DATE: Jul 7, 2(!09 SAMPLES X Shear Strength Atterberg LimNs De th P SOIL E m y (~2) so ioo iso zao =~ w > Elev. DESCRIPTION a z - ~ 2 a z o penetration Resistance ro ao so ro so • Moisture Content (%) io zo ao ao ¢ w ~ ~ O.o Pavement Surface 0 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR, Fl9 1 AS - 3 • Brown Fill EARTH 2 DO 1 00 1 2 • , sandy silt, silty clay, a tr. of gravel 3 DO 74 1 t 4 DO 5 t 2.0 2 END OF BOREHOLE 0 a E U O 3 0 4 5 Soi! Engineers Ltd. roe No: D906-5082 LOG OF BOREHOLE NO: 53 FIGURE ND: 53 JOB DESCRIPTION: Proposed Rehabildation of Concession Road 6 JOB LOCATION: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Municipality of Clarington DATE: Ju 7, 2009 SAMPLES X Shear Strength Atterberg Limits Depth SOIL E ~ so tcokWm2~ zao aL tt r ~ ~ w Elev. (m) DESCRIPTION g ~ z r ~ ~ > z t ~ o penelraticn Resistance O [Aowsr0.3m) to ~ ~ ro so • MGSture Cmlent (%) +o is ~ ao w 1 3 0.0 p 25 mm ASPHALTIC CGt~RETE 150 mm GRANULAR, FiII t qS _ 3 ~ Brown EARTH, Fill silty Gay some sand a tr. of gravel 2 DO 14 O o s , , . frown, very stiff 3 DO 24 ~ t3 SILTY CLAY, Till sandy, a tr. of grave occ. sand and silt seams and layers 1.5 Brrnm, dense SANDY SILT, Till some clay, a V. of gravel occ sand and silt Ga seams and 4 ~ ~ 2.0 . y y layers 2 END ~ BOREHOLE `o m a 0 U O r 3 0 4 5 Soil Engineers Ltd. J08 NO: osos-sosz LOG OF BOREHOLE NO: 54 FIGURE NO: 54 JOB DESCRIPTION: Proposed Rehabilitation of Concession Road 6 JOB LOCH T/ON: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: FI'ght-Auger Municipality of Clarington DATE: Jul 7, 2009 SAMPLES X Shear Strer~h Atterberg Limits Dept SOIL m ~ (~~) So 100 150 200 ~~ > J elev. (m) DESCRIPTION a ~ z ~ T ~ m ~ > z u, 5 i? a Penetr~ien Resistance O (dows10.3m) io ~ so zo so • MGsture Content (%) io za w ao ~ ~ Q ~ ~ 0 25 mm ASPHALTIC CONCRETE 730 mm GRANULAR Fill ~ qS - 2 • Brown Fill EARTH 2 DO 12 1 2 • , silty Gay, some sand, a U. of gavel 3 DO 9 ~ 1.5 Brown, compact SANDY SO_T, Till some clay, a tr. of gravel 4 DO 68 ~ 2.0 occ. sand and slly Gay seams and layers 2 END OF BOREHOLE `o n 0 u 0 Z 3 Cl 4 5 Soli Engineers Ltd. ^ 1 J 1 1 ~- JOB NO: osas-sosz LOG OF BOREHOLE NO: 55 FIGURE NO: 55 JOB DESCRIPTION: Proposed Rehabilitation of Concessan Road 6 JOB LOCATION: Concessbn Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger AMxricipalRy ofClarington DATE: JU 7, 2009 SAMPLES x shear strength Atterberg omits Depth SOIL E -~~ N (kWm2) ~ t~ ~~ ~ P~ u l ~ w Elev. {m) .DESCRIPTION m a ~ Z n H ~ > Z £ ~ ~ Penetrffiion Resistance O dow5f0.3m) 10 ~ 50 70 90 • fvlaisture Content (%) 10 20 30 40 ~ w 3 0 25 mm ASPHALTIC CONCRETE 150 mm GRANULAR, Fill ~ As 2 ~ Brown EARTH, Fill 2 DO 17 saritly silt, some day, a fr. of gravel topsoil indusions 1.0 3 DO 7 ~ ~ Brown, loose SANDY SILT Till , some day, a tr. of gravel occ. sand and silty day seams and layers 4 DO 7 2.0 2 END OF BOREHOLE 0 n 0 v Z 3 4 5 Soil Engineers Ltd. JOB NO: osos-soaz LOG OF BOREHOLE NO: 56 FIGURE NO: 56 JOB DESCRIPTION: Proposed Rehab~ilation of concession Road s JOB LOCATION: Concesson Road s, Between Old Scugog Road and Acres Road, METHOD OF SORfNG: FNght-Auger Municipality of Clarilgton DATE: July 7, 2009 SAMPLES X shear strength Atterberg Limits J Deah SD~L E N w lookwm2~ zoo ~ ~t ~ elev. lm) DESCRIPTION a ~ Z m T F ~ W > Z $ m O Penefralicn Resistance O (Navs/0.3m) 10 sd 50 ~0 90 • Moisture CoMenl (No) 10 IO 30 <0 w 2i 0 25 mm ASPHALTIC CONCRETE 130 mm GRANULAR, Fill 1 AS - 3 • Brown EARTH, Fill silty clay some sand a lr of gravel 2 DO 9 1 0 8 , , . . Brawn, loose to compad 3 W 9 1 5 Till SANDY SILT , some day, a tr. of gravel occ. sand and silly day seams and la ers y 4 DO 12 1 2.0 2 END OF 80REHOLE 0 n 0 U O r 3 0 4 5 Soil Engineers Lfd. JOS NO: osos-sos2 LOG OF BOREHOLE NO: 57 FIGURE NO: 57 JOB OESCR/PTION: Proposed Rehabilitation of Concession Road 6 JOB LOCH T/ON: Concession Road 6, Between Old Scugog Road and Acres Road, METHOD OF BORING: Flight-Auger Mutidpality of Clarington DATE: July 7, 2009 SAMPLES x shear Strength Atterberg Linats Depth SOIL DESCRIPTION E ~ (kWm2) so iaa rw zoo ~~ ~~ ~ W ~ Elev. (m) a ' z ~ ~ z t o ps~etrationResistance ~ (blows10.3m) +0 3o so zo sa • Mdslure CoMeM (%) to zo so ao ~ ~ 3 0 25 mm ASPHALTIC CONCRETE 180 mm GRANULAR, Fill 1 AS _ ~ Brown EARTH, Fill sandy silt, some day, a U. of gravel 2 DO 8 0 8 . Brown, compact 3 DO 11 i 1 SANDY SILT, Till some day, a tr. of gravel occ. sand and silty day seams and layers 4 DO 17 2.0 2 END OF BOREHOLE 0 m n 0 U O r 3 0 4 5 Soil Engineers Lfd. OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2009-38 OPS'IGENERAL CONDITIONS OF CONTRACT (November 2006) ONT PROVINCIAL STANDARDS FOR :~-' AND PUBLIC WORKS 2 ~ N ~ O P ~ ~ Q G S V 'c~pgL -PR~J~ CONDITIONS OF CONTRACT (November 2006) II ~ SR ~~ F~ -~ Ontario Provencia~ Standards 4 o r ~ ~j ~ for b 2 ij- Roads and Pu ic Works \\1`_PR~~ METRIC OPSS.MUNI 100 November 2008 OPS G'~NERAL CONDITIONS OF CONTRACT Ii Table of Contents SECTION GC 1.0 - INTERPRET/~TION GC 1.01 Captions ~~i ...................................._......................., GC 1.02 Abbrevia~ons..........._ .......................................... GC 1.03 Gender a~d Singular References ........................ GC 1.04 Definition$ ............................................................ GC 1.05 Substantial Performance ................_.................... GC 1.06 Completign ........................................................... GC 1.07 Final Acc$ptance ................................................. GC 1.08 Interpretation of Certain Words ............................ SECTION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliarlce IY"' Contract Documents _..... GC 2.02 Order of F~recedence .......................... SECTION GC 3.0 -ADMINISTRA'~ION OF THE CONTRACT G ........... 6 ........... 6 ........... 6 ........... 6 .........11 .........11 .........11 ....12 ....12 C 3.01 Contract dminLstrator ty ............................ s Authon .................................. .........14 GC 3.02 Working C~rawings ......................................................................:................ I .........15 GC 3.03 Right oft tye Contract Administrator to Modify Methods and Equipment ..... .........16 GC 3.04 Emergen~y Situations ................................................................................. .........16 GC 3.05 Layout ....a .................................................................................................... .........16 GC 3.06 Extensionof Contract Time ......................................................................... .........16 GC 3.07 Delays ....1L :.................................................................................................. .........17 GC 3.08 Assignment of Contract .............................................................................. .........17 GC 3.09 Subcontralcting by the Contractor ............................................................... ' .........18 Page 1 Ftav. Date: 11/2006 OPSS.MUNI 100 GC 3.10 Changes ..................................................................................................... ..........18 GC 3.10.01 Changes in the Work ................................................................................. ..........18 GC 3.10.02 Extra Work ................................................................................................. ..........19 GC 3.10.03 Additional Work .......................................................................................... ..........19 GC 3.11 Notices ....................................................................................................... ..........19 GC 3.12 -Use and Ocwpancy of the Work Prior to Substantial Performance .......... .......... 19 GC 3.13 - Claims, Negotiations, Mediation ................................................................ .......... 20 GC 3.13.01 .: Continuance of the Work ........................................................................... .......... 20 GC 3.13.02 Record Keeping ......................................................................................... .......... 20 GC 3.13.03 Claims Procedure ...................................................................................... .......... 20 GC 3.13.04 Negotiations ............................................................................................... ..........21 GC 3.13.05 Mediation .................................................................................................... .......... 21 GC 3.13.06 Payment ...................................................:................................................. .......... 21 GC 3.13.07 Rights of Both Parties ................................................................................ ..........21 GC 3.14 Arbitration ................................................................................................... .......... 21 GC 3.14.01 Conditions for Arbitration ........................................................................... ..........21 GC 3.14.02 Arbitration Procedure ................................................................................. .......... 22 GC 3.14.03 Appointment of Arbitrator ........................................................................... .......... 22 GC 3.14.04 Costs .......................................................................................................... ..........22 GC 3.14.05 The Decision .............................................................................................. .......... 23 GC 3.15 Archaedogical Finds .................................................................................. .......... 23 SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area ..................................................................... .................................. 24 GC 4.02 Approvals and Pennits ....................................................... ..................................24 GC 4.03 Management and Disposition of Materials ......................... .................................. 24 GC 4.04 ConsWction ABecting Railway Property ........................... ..................................25 GC 4.05 Defalltt by the Contractor ........................................•---....... .................................. 25 GC 4.06 Contractor's Right to Correct a Default .............................. .................................. 25 Page 2 Rev. Date: 1112006 OPSS.MUNI 100 GC 4.07 Owner's!I Right to Correct a Default 2 l ............................................._._ _.................. 6 GC 4.08 Terrnina~ion of Contractor's Right to Continue the Work .............._. .............:...... 26 GC 4.09 Final Pa~ment to Contractor .........................................._................ .................... 26 GC 4.10 Tenninat~on of the Contract ............................................................. .....:.............. 26 GC 4.11 Continuation of Contrador's Obligations ......................................__ .................... 27 GC 4.12 Use of Performance Bond._ ..............................................._............ ........_.......... 27 GC 4.13 PaymenllAdjustment ......................................................................_ ....................27 SECTION GC 5.0 -MATERIAL '', GC 5.01 Supply of Material ..................................................._....................... .................... 28 GC 5.02 Quality of Material ....._ ..................................................................... .................... 28 GC 5.03 RejectediMaterial ............................................................................_ ............:......28 GC 5.04 Substitut~ons ................_............._......:.............................................. .:.................29 GC 5.05 Owner Supplied Material.._.......__ ..................................._............... ...................29 GC 5.05.01 Ordering of F~ccess Material.~......._ .................................................... ............:...... 29 GC 5.05.02 Care of h{laterial ................................................................................. ................... 29 SECTION GC 6.0 -INSURANCE PROTECTION AND DAMAGE GC 6.01 Protectiol~ of Work, Persons, and Property ...................................... ...................31 GC 6.02 Indemnifi'pation .................................................................................. ................... 31 GC 6.03 Contractor's Insurance ...................................................................... ................... 32 GC 6.03.01 General .~ ........................._..........................................._................... ...................32 GC 6.03.02 General 4iability Insurance ............................................................... ................... 32 GC 6.03.03 Automob~e Liability Insurance ........................_.........._.................... ...................33 GC 6.03.04 Aircxaft d Watercraft Liability Insurance ........................................ :.................. 33 GC 6.03.04.01 Airaaft Li ility Insurance ................................................................. ..........:........ 33 GC 6.03.04.02 Wate Liability Insurance ............................................................ ................... 33 GC 6.03.05 Properly ~nd Boiler lnsurance .......................................................... ................... 33 GC 6.03.05.01 Properly nsurartce ............................................................................ ................... 33 GC 6.03.05.02 Boiler Inssssss~~~~~~rance ...............................................................................:. .................. 34 GC 6.03.05.03 Use andpancy of fhe Work Prior to Completion ....................... .................. 34 GC 6.03.05.04 Payment or Loss or Damage..__ ................................_..........._....... ..................34 Page 3 it Rev. Date: 11I20g6 OPSS.MUNf 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 Vehices or Other Equipment ....................................................... ......40 GC 7.05 Excess Loading of Motor Vehicles ................................................................... ......40 GC 7.06 Condition of the Working Area ......................................................................... ......40 GC 7.07 Maintaining Roadways and Detours ................................................................ ......40 GC 7.08 Access to Properfies 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.i1 Contractor's Right to Stop the Work or Temdnate the Contract ...................... ......42 GC 7.12 Notices by the Contractor ................................................................................ ......42 GC 7.13 Obstructions ..................................................................................................... ......43 GC 7.14 Limitafions of Operations ................................................................................. ......43 GC 7.15 Cleaning Up Before Acceptance ...................................................................... ......43 GC 7.16 Warranty ............................................:.............................................................. ......43 GC 7.17 Contractor's Workers ....................................................................................... ......44 GC 7.18 D2inage ........................................................................................................... ......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 QuantiUes ........................................................................ ....45 Page4 Rev. Date: 11!2006 OPSS.MUNI 700 GC 8.02 Paymen GC 8.02.01 Price fa GC 8.02.02 AdvancE GC 8.02.03 Certifica GC 8.02.03.01 Progress GC 8.02.03.02 Certifica GC 8.02.03.03 Subcont GC 8.02.03.04 Certifica GC 8.02.03.05 Substan Holdbac GC 8.02.03.06 Certifica GC 8.02.03.07 Complet Paymen GC 8.02.03.08 Interest. GC 8.02.03.09 Interest ~ GC 8.02.03.10 Interest ~ GC 8.02.03.11 Owner's GC 8.02.03.12 Delay in GC 8.02.04 Paymen GC 8.02.04.01 Definitia GC 8.02.04.02 Daity We GC 8.02.04.03 Paymen GC 8.02.04.04 Paymen GC 8.02.04.05 Paymen GC 8.02.04.06 Paymen GC 8.02.04.06.01 Working GC 8.02.04.06.02 Standby GC 8.02.04.07 Paymen GC 8.02.04.08 Paymen' GC 8.02.04.09 Sutxniss GC 8.02.04.10 Paymen GC 8.02.04.11 Paymen GC 8.02.05 Final Aa GC 8.02.06 Payment GC 8.02.07 Records GC 8.02.08 Taxes ... GC 8.02.09 LiauidatE Page 5 46 Nork ...................................................................................................... 46 Payments for Material ........................................................................... 46 on and Payment ............................................................................... .....47 Payment Cer6ficate ..........................._..........................._............... ..:..47 on of Subcontract Completion ......................................................... .....47 act Statutory Holdback Release Certificate and Payment ............... ..... 47 on of Substantial Perfwmance ........................................................ .....48 al Performance Payment and Substantial Performance Statutory Release Payment Certificates .........................:.............................. ..... 48 on of Completion .............................................................................. ..... 49 an Payment and Completion Statutory Holdback Release Certificates ....................................................................................... ..... 49 ......................................................................................................... ..... 50 rr Late Payment ................................................................................ ..... 50 ~r Negotiations and Claims ............................................................... ....: 51 iet-Off ............................................................................. .................. ..... 51 'ayment ................................................... ~:.................:..................... ..... 51 on a Time and Material Basis ...........................................:.............. ..... 51 s ....................................................................................................... ..... 51 k Records ........................................................................................ ..... 52 for Work ........................................................................................... ..... 53 for Labour ........................................................................................ ..... 53 for Material ................................................................................:...... ..... 53 for Equipment .................................................................................. ..... 53 ime ................................................................................................... .... 53 "ime ................................................................................................... .... 53 for Hand Tools ................................................................................. ..... 54 for Work by Subcontractors ............................................................. ..... 54 >n of Invoices ................................................................................... ..... 54 Dther Than on a Time and Material Basis ........................................ .... 55 Inclusions .......................................................................................... .... 55 ~ptance Cerfifiaate ................................................................................55 if Workers ...................................................................•----.................... 55 .............................................................................................................. 55 ...................................__.._........ - --- - sa Damages ............................................................................................56 Rev. ate: 11/2006 OPSS.MUNI 700 GC 1.0 -INTERPRETATION GC 1.01 01 The captions appearing in and for ease of reference General Conditions or any GC 1.02 :General Conditions have been inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of the Sion hereof. 61 The abbreviations on the lef k below are commonly found in the Contract Documents and re t the organizations and phrase presen s listed on the right: "AASHTO" - American Ass e ration of State Highway Transportation Officials "ACI" - American Con , ete Institute "ANSI" - American Natio hal Standards Institute "ASTM" - American Soci ty for Testing and Materials "AWG" - American Wire ~ auge "AWWA" - American Wate t Works Association "CCIL" - Canadian Coun it of Independent Laboratories "CESA" - Canadian Engi Bering Standards Association "CGSB" - Canadian Ge al Standards Board "CSA" - Canadian Stan ards Association "CWB" - Canadian Wel ng Bureau "GC" - General Condit ns "ISO" - International Or anization far Standardization "MOE" - Ontario Ministry of the Environment "MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Unifa rrn Traffic Control Devices (Replaced by OTM) "OPS" - Ontario Provin I Standard "OPSD" - Ontario Provinc 1 Standard Drawing "OPSS" - Ontario Provi I Standard Specification "OTM" - Ontario Traffic anual "PEO" - Professional Er ~ineers Mario "SAE" - Society of Aut oUve Engineers "SCC" - Standards Cou cil of Canada "SSPC" - Structural Steel aiming Council 'UL" - Underwriters L atones "U!C" - Underwriters La boratores Canada GC 1.03 Gender a}rd Singular References .Ot References to the masrwline~or singular throughout the Contract Documents shah be considered to inDude the feminine and the rural and vice versa, as the context requires. GC 1.04 .01 For the purposes of Mis Contact the fdlowing definitions apply: Actual Measurement means then field measurement of that quantity within the approved fimits of the Work. Addendum means an addition orchange in the tender documents issued by the Owner prior to tender Dosing. i Page 6 I Rev. Date: 11/2006 OPSS.MUNI 100 Additional Work means work not provided for in the Contract and not considered by the Contract Admkristrator 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 speafied type and thickness placed immediately below fhe pavement wearing surface layers, curb and gutter, or sidewalk. Business Day means any Day except Saturdays, Sundays, and statutory holidays. Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means any written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing that a Change in the Work or Extra Work be performed. Change in the Work means the deletion, extension, increase, decrease, or alteration of lines; grades; dimensions; quantities; methods; drawings: substantial changes in geotechnical, subsurface, surface, or other conditions; changes in the character of the Work to be done; or materials of the Work or part thereof, within the intended scope of the Contract. Charrge Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Work, Additional Work, and changed subsurface cartditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, RS.O. 1990, c.O.t, 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 Docrxnents. Contract Administrator means the person, partnership, or corporation designated by the Owner to be the Owners representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the (Tuner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of Conbact, Standard Specifications, Speaal Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be listed in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any Subsurface Report, and any other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include sal profiles, foundatbn investigation reports, reinforcing steel schedules, aggregate sources Nsts, Quantity Sheets, and cross-sections. Contrad Time means the time stipulated in the Contract Documents for Substantial Performance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. Page 7 Rev. DaM: 1112006 OPSS.MUNI 100 0 Contractor means the person, artnership, or corporation undertaking the Work as identified in the Agreement. .Controlling Operation means a y component of the Work that, if delayed, may delay the completion of the Work. i Cost Plus has the same meaning as "Time and Material." Cut-Off Date means the date up ~ which payment shall be made for work performed. Daily Work Records mean dail Records detailing the number and categories of workers and hours worked or on standby, types and~uantities of Equipment and number of hours in use or on standby, and description and quantities of Mate 'al utilized. Day means a calendar day. Drawings or Plans mean any Cd~tract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductbns of drapoings or plans pertaining to the Work. End Result Specification mea s specifications that require the Contractor to be responsible far supplying a product or part of the ork. The Owner accepts or rejects the final product or applies a price adjustment thatis commensurate vith the degree of compliance with the specification. Equipment means aA machinery and equipment used for preparing, fabrica6rg, conveying or erecting the Work and nonnelty referred togas constructan machinery and equipment. Estimate means a calculation of Extra Work means work not pr Administrator [o be essential to including unanticipated work regt Final Acceptance Certificate Acceptance of the Work. Final Detailed Statement mea the quantities, unit prices, and including variations in tender i monthly estimates. Force Acwunt has the same quantity or cost of the Work or part of it depending on the context. xi for in the Contract as awarded but considered by the Contract satisfactory completion of the Contract within its intended scope, to comply with legislation and regulations that affect the Work. the cert~cate issued by the Contract Administrator at Final a complete evaluation prepared by the Contract Administrator showing al dollar amounts of all items of work completed under the Contract, ns and Extra Work, all as set ouT in the same general form as [he as "Time and Material " Caeotechnical Report means a (report or other information identifying soil, rock, and ground water conditions in the area of any propt~sed Work. Grade means the required elevati~n of that part of the Work. Hand Tools means toils that ar~ commonly called tools w implements of the trade and include small power tools. I Highway means a common and ublic highway any part of that is intended for or used by the general public for the passage of vehicles ~nd includes the area between the lateral property lines thereof. Lot means a speafic quantity ofl material or a speafic amount of construction normrlly from a single source and produced by the same) process. Page 8 Rev. Date: 1112006 OPSS.MUNt 100 Lump Sum kin 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, mulfiplied 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. Pertormancs Bond means the type of security furnished to the Owner to guarantee completion of the Work in accordance with the Contract and to the extent provided in the bond. Plan Quanttty means that quantiry 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. Ottantity Sheet means a list of the quantities of Work to be done. Quartitx! Rock means material removed from an open excavation made in a solid mass of rock that, prior to removal, was integral with the parent mass. Quarry means a place where Aggregate has been or is being removed from an open excavation made in a solid mass of igneous, sedimentary, or metamorphic rock or any combination of these that, prior to removal, was integral with the parent areas. Rate of Interest means the rate of interest as determined under the Financfaf Administration Act by the Minister of Finance of Ontado and issued by, and available from, the Owner. Records mean any books, payrolls, accounts, or other information that relate to the Work or any Change in the Work or claims arising therefrom. Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shoulder means that portion of the Roadway between the edge of the travelled portion of the wearing surface and the top inside edge of the ditch or fill slope. Special Provisions mean directions containing requirements sperafic to the Work. Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owner for performance of the Work. Subbase means a layer of material of specified type and thickness between the Subgrade and the Base Page 9 Rev. Date: 11!2006 OPSS.MUNI 100 Subcontractor means a person 'I partnership or corporation undertaking fhe execution of a part of the Work by virtue of an agreement w~th the Contractor. Subgrade means the earth or raFk surface, whether in cut w fill, as prepared to support the pavement structure, consisting of Base, Subbase, and Pavement. Subsurtace Report means a re or other information identifying the bcation of Utilities, concealed and adjacent structures, and physical bstructions that fall within the influence of the Work. Superintendent means the Contr~c[or's autltorized representative in responsible charge of the Work. Surety means the person, partnership w corporation, other than the Contractor, licensed in Ontario to transact business under the /nsur~ance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by the Contractor. Tender means an offer in writing 0tom the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material means costs',calculated according to clause GC 8.02.04, Payment on a Time and Material Basis. Where "Cost Plus' and "Force Account" are used they shall have the same meaning. Utility means an aboveground or ~~underground facility maintained by a munidpality, public utility authority or regulated authority and include services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telepho~he, and cable television. Warranty Period means the pe od of 12 months from the date of Substantial Performance w such longer period as may be specifie~ in the Contract Documents for certain Materials w 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 ail the land and easements owned or acquired by the Owner for the construction _. of the Work. 1 Working .Day means any Day, ~i a) except Saturdays, Sundays a~ statutory holidays; b) except a Day as determined ly the Contract Administrator, on which the Contractor is prevented by inclement weather w conditions resulting immediately therefrom, from proceeding with a Controlling Operator. For the purposes f this definition, this shall be a Day during which the Contractor cannot proceed with at least 60°k o the nonnai tabour and Equipment force effectively engaged on [he Controfling Operation for at least 5 hours; c) except a Day on which the Cdntractor is prevented from proceeding with a Contrdling Operation, as determined by the Contract Ad~rrtinistrator by reason of, i. any breach of the ConUa'pt by the Owner w if such prevention is due to the Owner, another contractor hired by the ner, w an employee of any one of them, w by anymore else acting on behalf of the Owner. ii. nondelivery of owner sup red Materials. iii. any cause beyond the re sonable control of the Contractor that can be substantiated by the Contractor to the satisfacti of Ne Contract Administrator. Page 10 Rev. Dale: ttl20p6 OPSS.MUNt 100 Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, faisework, 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 pertormed under the Contract is capable of completion or, where [here is a known defect, the cost of corection, is not more than i. 3% of the first $500,000 of the Contract price, ii. 2°k of the next $500,000 of the Contract price, and iii. 1 % of [he balance of the Contract price. .02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is being used for the purposes intended and the remainder of the Work cannot be completed expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work stroll be deducted from the Contract pdce in determining Substantial Performance. GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect, or last supply is not more than the lesser of, a) 1 % of the Contract price: or b) $1,000. GC 1.07 Final Acceptance .Ot Final Acceptance sha0 be deemed to occur when the Contract Administrator is satisfied that, to the best of the Contract Administrators knowledge at that lime, the Contractor has rectified all imperfect work and has discharged all of the Contractors obligations under U1e Contract. GC 1.08 Interpretation of Certain Word .01 The words "acceptable," "approval," "authorized," "considered necessary; "directed," "required," "satisfactory," or words of like import, shall mean approval of, directed, required, considered necessary, or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates othenxise. Page 11 Rev. Date: 1112006 OPSS.MUNI 100 t i s SECTION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliance pn Contract Documents .01 The Owner warrants that th I information furnished in the Contract Documents can be relied upon with the following limitations ~r exceptions: a) The IocaGon of all mainfi~e underground U4lities that may affect the Work shall be shown to a tolerance of: "i i. 1 m horizontal, and II ii. 0.3 m vertcal I 02 The Owner does not warrant br make any representation with respect to: a) interpretations of data oropinions expressed in any Subsurface Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and b) other infomla6on specifically excluded from this wartanty. GC 2.02 Order of i~recedence 01 In the event of any inconsi'~tency or conflict in the contents of the following documents, such documents shall take precedence and govern in the folknving descending order. a) Agreement b} Addenda ', I c) Special Provisions ', d) Contract Drawings e) Standard Specifications 'ICI, f) Standard Drawings g) tnstructlans to Tenderers!, h) Tender ~, i) Supplemental General C~ndifions j) General Conditions ', i k) Working Drawings i Later dates shall govern within each of the above categories of documents. .02 In the event of any conflict) among or inconsistency in the information shown on Drawings, the following rules shall aPP1Y~ ', a) Dimensions shown in fi~ures on a Drawing shall govern where they differ from dimensions scaled from the same drifwing; b) Drawings of larger scale ahall govern over Those of smaller scale; Page 12 Rev. Date: 1112D06 OPSS.MUNI 100 c} Detailed Drawings shaA govern over general Drawings; and d) Drawings of a later date shall govern over those of an earlier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Spedfications the following descending order of precedence shall govern: a) Owner's Standard Speafications b) Ontario Provincal Standarcl Specifications c} Other Standard Speafications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincial Standard Specifications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Page 13 - Rev. Date: 11/2006 OPSS.MUNI 100 f f SECTION ~ 3.0 -ADMINISTRATION OF THE CONTRACT ~, GC 3.01 Contract jldministrator's Authority .01 The Contract Administrator hall be the Owner's representative during construction and until the issuance of the Completion ertificate or the issuance of the Final Acceptance Certificate, whichever is later. All insttuctions to Contractor, including instructions from the Owner, shall be issued by .the Contract Administrator.~fhe Contract Administrator shall have the authority to act on behalf of the Owner only to the extent ¢rrowded in the Contract Documents. 02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of ~he Contract Documents shall be refaced to the Contract Administrator in writing by the Contractor. .03 The Contract Administrator t+,nay inspect the Work for its conformity with the Plans and Standard Specifications, and to recordithe necessary data to establish payment quantities under the schedule of tender quantities and unit ~nces or to make an assessment of the value of the work completed in - the case of a lump sum pnceContract. '~ .04 The Contract Administrator s~all determine the amounts owing to the Contractor under fhe Contract and shall issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. i .05 The Contract Administratorhall, with reasonable promptness, review and take ap~propnate action upon the Contractors su tssions such as shop drawings, product data, and samples in accordance with the Contrac Documents: 06 The Contract Administrator hall investigate all allegations of a Change in fhe Work made by the Contractor and issue approp ate instructions. 07 The Contract Administrator ghall prepare Change Directlves and Change Orders for the Owner's approval. .08 Upon written application by tt~e Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of thelWork to establish the date of Substantial Performance of the Work or the date of Completion of thej Work or both. .09 The Contract Administrator all be, in the first instance, the interpreter of the Contract Documents and the judge of the perfor nce thereunder by both parties to the Contract. interpretations and decisions of the Contract Ad inistrator shall be consistent with the intent of the Contract Documents and, in making these decisi s, the Contract Administrator shall not show partiality to either party. 10 The Gontract Administrator s~'hall have the authority to reject part of the Work or Material that does not conform to the Contract gocuments. 11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whetter the result of poor workmanship; the use of defective material; or damage through carelessngss or other act or omission of the Contractor and whether or not incorporated in the Work; rpr otherwise fails to conform to the Contract Documents, then the Contractor shall if directed ~y the Contract Administrator promptly remove the Work and replace, make good, or re-execute th Work at no additonal cost to the Owner. 12 Any part of [he Work destroy¢d or damaged by such removals, replacements, or re-executions shall be rnade good, prompty, at ~ additional cost to the Owner. Page 14 Rev. Date: 1112006 OPSS.MUNt 100 13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount that will be determined in the first instance by the Contract Administrator. 14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates br the making of any payment by the Owner, the failure of the Contrail 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 temporadly suspend the Work for such reasonable Gme as may be necessary:. a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy non-compliance in the case of such non-compliance with the provisions of the Contract by the Contractor. The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances. 16 The Owner has the right to terminate the Contract for wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safely 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 Heahh and Safely Act. or is disordedy, 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 .Ot The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as calved 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 jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The Contract Administrator shalt review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review shall be to check for conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility fa errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator. Page 15 - Rev. Dale: 1112006 OPSS.MUNI 100 05 The Contractor shall make ny changes in Wodcing Drawings that the ContractAdministrats may requ'ce [o make the Working Drawings consistent with the Contract Documents and resubmit, unless otherwise directed by the tract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in riling of any revisions other than those requested by the Contract Administrator "' .06 Work related to the Workin~ Drawings shall not proceed until the Working Drawings have been signed and dated by the Co ,tract Administrator and marked with the wads "Reviewed. Permission [o construct granted " :07 The Contractor shall keep o~e set of the reviewed Waking Drawings, marked as above, at the site ~, at all times. GC $.03 Right of ~he CoMract Administrator to Modify Methods and Equipment .01 The Contractor shall, when r~uested in writing, make alterations in the method, Equipment, or work force at any time the Cont ct Administrator considers the Contractor's actions to be unsafe, s damaging to either the Work;pr existing facilities a the environment. .02 The Contractor shall, when r~quested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwithstanding the foregoin ,the Contracts shall ensure that all necessary safety precautions and protection are maintained thughout the Work. GC 3.04 Emergerlty Skuations .01 The Contract Administrate hiss the right to determine the existence of an emergency situaton and, when such an emergency si~uation is deemed to exist, the Contract Administrate may instruct the Contractor to take action to r medy the situation. If the Contracts does not take timely action s, if the Contractor is not availabl~ the Contract Adrrrinistrator may direct others to remedy the siWation. 02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the ~mergency situation was not the fault of the Contractor, the Owner shall pay fw the remedial work. GC 3.05 Layout '~, .01 The Contract Administrator;!,shaB provide baseline and benchmark information for the general location, alignment, and eleNation of the Work. The Owner shall be responsible only for the correctness of the infornatior~ provided by the Contract Administrator. GC 3.06 Extension of Contract Time .01 An application fs an extensipn of Contract Time shall be made in writing by 01e Contracts to the Contract Administrator as soorl as the need fa such extension becomes evident and at least 15 Days pne to the expiration o~ the Contract Time. The application fs an extension ~ Contract Time shall enumerate the reasons, land state the length of extension required. .02 Circumstances suitable fa cdnsideration of an extension of Contract Time include the following: a) Delays, subsection GC 3.p7. b) Changes im the Work, cla}ise GC 3.10.01. c) Extra Work, clause GC 3.1,10.02. Page 16 Rev. Dare: 11/2006 OPSS.MUNI 106 d) .Additional Work, clause GC 3.10.03. .03 The Contract Administrator shall, in considering an application for ~ 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 shalt be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner. .05 The Perms 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 art act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly; d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work: e) abnormal inclement weather; or f) archaeological finds in accordance with subsection GC 3.15, Archaeological Finds, then the Contractor shall be reimbursed by the Owner for reasonable costs incurted by ~ the Contractor as the result of such delay, provided that in the case of an application for an extension of Contrail Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such applicaton. Extension of Contract Time may be granted in accordance with subsection GC 3.06, Extension of Contract Time. .02 If the Work is delayed by labour disputes, strikes or lock-outs, including bck-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Confractor is otllerwise bound, are beyond the Contrailol's contrd, which then the Contract Time shaK be extended in accordance with subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be Tess than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contracts. The Contractor shall not be entitled to payment for costs irxxrrred as the result of such delays unless such decays 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 .O7 The Contractor shall not assign the Contract, either in wtrole or in part, without the prior written consent of the Owner. Page 17 Rev. Dale: 112006 OPSS.MUNI 100 ~I, ~: I, 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 spedfied in the Contract Documents. 02 The Contractor shall notify tie Contract Administrator 10 Days pdor to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it i$ intended. .03 The Contract Administrator hall, within 5 Days of receipt of such notification, accept or reject the intended Subcontractor. T e rejection shall be in writing and shall include the reasons for the _ rejecbon. I .04 The Contractor shall not, witlyout the written consent of the Owner, change a Subcontractor who has been engaged in accordance] with this subsection. OS The Contractor shall preserve and protect the rights of [he parties under the Contract with respect to that part of the Work to be rformed under subcontract and shalt, a) enter into agreements wt the intended Subcontractors to require them to perform their work in aorwdance with the Con act Documents; and b) be as fully responsible tq the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly Ibr indirectly empoyed by them as for acts and omissions of persons direc8y employed by the ~ontractw. .06 The Owner's consent to sulpcontracfing by [he Contractor shall not be construed to relieve the Contractor from any obtigatiaf 1 under the Contract and shall not impose any liability upon the Owner. Nothing contained in the C~rlVact Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 Changes', GC 3.10.01 Changes ~n the Work .01 The Owner, w the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract. The Contractor shall not be required to proceed with a Change in Work unb7 in receipt of a Change Order w Change Directive. Upon the receipt of such Change OMer or Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may a GC 3.06, Extension of .03 If the Change in the Work made according to the cons the Change in the Work da may initiate negotiations uF of the Change in the Worl payment may be made acc Time and Material Basis. Page 18 an extension of Contract Time according to the terms of subsection [Time. dates solely to quantties, payment for that part of the Work shall be ons speafied in Gause GC S.Ot.02, Variations in Tender Quantities. If not solely relate to quantities, then either the Owner w the Contractor ards w downwards for the adjustment of the Contract price in respect pursuant to subsection GC 3.13, Claims, Negotiations, Mediation w ding to the conditions contained in clause GC 8.02.04, Payment on a Rav. Date: 1112006 OPSS.MUNI 100 GC 3.10.02 Extra Work .O7 The Owner, or Contract Administrator where so authorized, may instruct the Contractor [o perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made. according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Adrltinistretor where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may appy for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email, or by facsimile transmission and on the fifth Day after the date of mailing, if 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 terminal numbers for the Contract Administator and Ore Superintendent at the commencement of the Work, and update as rtetx:ssary. .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 notlce permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .Ot Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Wait or any part thereof prior to Substantial Performance, provided that at least 30 Days wriOen rxttice has been given to the Contrctor. .02 The use or oceupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or oca~ancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work in accordance with the Contract pie tg Rev. Date: 1112006 OPSS.MUNI 100 Documents. The Owner use or occupancy. Such Owners right to charge Contract. be responsible for any damage that occurs because of the Owner's -occupancy of any part of the Work by the Owner does notwaive the ontractor liquidated damages in accordance with the terms of the GC 3.13 Claims, Njagotiations, Mediation GC 3.13.01 Continuanc~e of the Work .01 Unless the Contract has be~terminated or completed, the Contractor shall in every case, after serving w receiving any notifi tlon of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence ahd expedition. It is understood by the parties that such action shall not jeopardize any claim it may hive. GC 3.13.02 Record Keeping .Ot Immedialery upon commend work that may result in a daim, fhe Contractor shalt keep Daily Work Records during the course the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shallfkeep Dairy Work Records to be used in assessing the Contractor's Gaim, all in accordance with dlause GC 8.02.07, Records. 02 The Contractor and the Conbjact Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to ~implify review of the claim, when submitted. H the Contractor and the Contract Administrator fail to itecondle their respective Daily Work Records, then the Contractor shall submit its Daily Work Recor~s as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall notce resolved until there is a resdution of the daim. .03 The keeping of Dairy Work F~ecwds by the Contract Administrator or the reconciling of such Daily Work Records with those of tt~e Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Prpcedure .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!I written notice in the standard form "Notice of Mtent to Claim" within 7 Days of the commencemeri~ of any part of the Work that may be affected by the situation. .03 The Contractor shall submitdetailed daims as soon as reasonably possible and in any event no later than 30 Days after compMetion of the work affected by the situation. The detailed claim shall: a) identify the item or items ~ respect of which the claim arises; b) state the grounds, contra~tuat w otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such daim_ In exceptional cases, the 3011 Days may tie increased to a maximum of 90 Days with approval in writing from the Contract Adrriinistratw. • .04 Within 30 Days. of the recent of the Contractor's detailed claim, the Contract Admirtistraior may request the Contractor to s bmit any further and other particulars as Ute Contract Administrator considers necessary to ass the daim. The Contractor shall submit the requested information within 30 Days of receipt of s request. Page 20 Rev. Date: 11!2006 OPSS.MUNI 100 .05 Within 90 Days of receipt of the detailed daim, the Contract Administrator shall advise the Contractor, in writing, of the Contract Administrators opinion with regard to the validity of the claim. GC 3.13.04 Negotiations .Ot The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to 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 dause GC 3.13.04, Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.13.03.05, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator. .02 The mediator shall be mutually agreed upon by the Owner and Contractor. .03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to afiitration [he mediator shall provide, without prejudice, anon-binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days following the opinion given in paragraph GC 3.13.03.05. .05 Each party is responsible for its own costs related to the use of the third party mediator process. The cost of the third party mediator shall be equally shared by the Owner and Contractor. GC 3.13.06 Payment .01 Payment of the daim shall be made no later than 30 Days after the date of resdutiorcof 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 renundafion 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 .Ot If a claim is not resolved satisfactody through the negotiation stage noted in clause GC 3.13.04, Negotiatons, or the media0on stage noted in dause GC 3.13.05, Mediation, either parry may invoke the provisions of subsection GC 3.14, Arbitration, by giving written notice to the other parry. page 21 Rev. Date: 71/2006 OPSS.MUNI 100 f .02 Iotication that arbitration hall be implemented to resolve the issue shatf be communicated in writing as soon as possible and no later than 60 Days folowing the opinion given in paragraph GC 3.13.03.05. Where the use of a third party mediator was implemented, notification shall be within 120 Days of the opini given in paragraph GC 3.13.03.05. .03 The parties shall be bound by the decision of the arbitrator. .04 The rules and procedures o~, the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shah apply to any arbitration conducted h~reunder except to the extent that they are modified by the express provisions of subsection GC .14, Arbitration. GC 3.14.02 Arbkratidn Procedure 01 The following provisions are ~o be included in the agreement to arbitrate and are subject only to such right of appeal as exist wher'~e the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existlng actions in respect of the matters under arbitration shall be stayed pending arbitration; b) All outstanding claims a~ matters to be settled are to be set out in a schedule to the agreement. Only such claims and ma ers as are in the schedule shall be arbitrated; and c) Before proceeding with tt~e 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 mulualhy agreed upon by the Owner and Contractor to adjudicate the dispute. 02 Where the Owner and Contactor 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 a notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chose~l or they shall refer the matter to the Arbitration and Mediation Institute. of Ontario Inc., which may Select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. I .04 The arbitrator shall not be inkerested financially in the Contrail nor in either party's business and shall not be empbyed by eithj~r party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .O6 The arbitrator is rwt bound by the rules of evidence that govern the trial of cases in court but may hear and consider any eviden}rp_ That the arbitrator wnsiders relevant .07 The hearing shah commence within 90 Days of the appointment of the arbitrator. GC 3.14.04 Costs .01 The arbitrator's fee shah be eduaAy shared by the Owner and the Contractor. .02 The fees of any independent'~xperts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. Pa0e 22 Rev. DaBe: 11r2006 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 ctwsen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.14.05 The Decision .Ot The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. .02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor's control in accordance with paragraph GC 3.07.01. .03 Any work directed or authorized in connection with an archaeological find shall be considered as Extra Work in accordance with clause GC 3.10.02, Extra Work. .04 The Contractor shall take all reasonable action to minimize additronal costs that may accrue as a result of any work stoppage. page 23 Rev. Date: 11/2006 OPSS.MUNt 700 SECTION GC GC 4.01 Working OWNER'S RESPONSIBILITIES AND RIGHTS .Ot The Owner shall acquire a~ property rights that are deemed necessary by the Owner for the construction of the Work, in uding temporary waking easements, and shall indicate the full extent of the Working Area on the Conrad Drawings. .02 The Geotechnical Report an~ Subsurface Report that may be provided by the Owner as part of the tender documents shall form dart of the Contract Drawings. GC 4.02 Approval$ and Permits .01 The Owner shall pay for all pl~mbing and building permits. .02 The Owner shall obtain ands pay for ail permits, licences, and certificates solely required for the design of the Work. GC 4.03 Managemlent and Disposition of Materials .01 The Owner shall identify in tl~e Contract Documents the materials to be moved within or removed from the Working Area and a~ry characteristics of those materials that necessitates special materials management and dispositiom~~ .02 In accordance with regulations under the Occupational Neafth and Safety Act, R.S.O. 1990, c.0.1, as amended, the Owner advi$es that, a) the designated substan~s silica, lead, and arsenic are generalty present throughout the Working Area occurring n turally or as a result of vehicle emissions; b) the designated substanc~ asbestos may be present in cement products, asphalt, and conduits for Utilities; c} the following hazardous 'Imaterials are ordinarily present in construction actvities: limestone, gypsum, marble, mica, anjd Portland cement; and d) exposure to these subs ces may occur as a resuU of activities by the Contractor such as sweeping, grinding, crush~ng, drilling, Wasting, cutting, and abrasive blasting. .03 The Owner shall identify in 'Ithe Contract Documents any designated substances or hazardous materials other than those identired above and their location in the Working Area. .04 If the Owner or Contractor stovers or is advised of the presence of designated substances or hazardous materials that ar in addition to those listed in paragraph GC 4.03.02, or not Dearly identfied in the Contract Do ents according to paragraph GC 4.03.03, tlren verbal notice shall be provided to the other party im~`1lediatety with written confirmation within 2 Days. Tire 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 respons ble for any reasonable additional costs of reproving, managing and disposing of any material rro identified in the Contract Documents, or where conditions exist that could not have been reason ty foreseen at the time of tendering. All work under this paragraph shall be deemed to be Extra 1Nork. Page 24 Rev, pate: 11/2(106 OPSS.MUNI 100 .O6 Prior to commencement of Ote Work, the Owner shah provide to the Contractor a list of those products controlled under Ore Workplace Hazardous Materials Inforrnation System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in Ore 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 preceution 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 properly in the viaruty 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 properly throughout the duration of the Contract. GC 4.05 DefauR by the Contractor .Ot If the Contractor fails to commence Ore Work within 14 Days of a formal order to commence work signed by the Contract Administrator a, upon commencement of the Work, should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Conrad and, if the Contract Administrator has given a wriOen statement to the Owner and Contractor that suffiaent cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractors contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or if a receiver is appointed because of Ole Contractor's insolvency, the Owner may, without prejudice W any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notroe in writing, terminate the Contract. GC 4.06 Contractors Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of default to correct the defauR and provide the Owner with satisfactory proof that appropriate corrective measures have beer[ taken. .02 If the correction of the default cannot be completed within Ote 5 full Working Days fdbwing receipt of the notice, the Contractor shaO not be in default if the Contractor, a) commences the correction of the defauk within the 5 full Working Days following receipt of the ndice; b) provides the Owner with an acceptable schedule far the progress of such correction; and c) completes the correction in accordance with such schedule. Page 26 Rev. Date: 1[12006 OPSS.MUNI 100 'I _, GC 4.07 thvner's .Ot If the Contractor fails to c Contractor's Right to Correc to any other fight ar remed thereof, as certified by the i Contractor. GC 4.08 t~ to Correct Default Test the default within the time speafied in subsection GC 4.06, 3 Default, or subsequently agreed upon, the Owner, without prejudice the Owner may have, may correct such default and deduct the cost mtract Administrator, from any payment then ar thereafter due to the of Contractor's Right to Continue the Work .01 Where the Contractor fails fp correct a default within the time specified in subsection GC 4.06, Contractor's Right to Comecti,a DefauR, ar subsequently agreed upon, the Owner, without prejudice to any other fight or remedy. a Owner may have, may terminate the Contractors right to continue the Work in whole or in part b~giving written notice to the Contractor. .02 If the Owner terminates 1 Owner shall be entitled to, a) take possession of the the Work terminated; b) use the Equipment of th be incorporated into the c) withhold further pa~, withdrawn from the L1 d) charge the Contractor d portdon thereof withdrawr additional compensation from the correction of the e) charge the Contractor a cover correction to the V GC 7.16, Warranty; f) charge Ote Contractor right to continue with the Work in whole ar in part, the Area ar that portion of the Working Area devoted to that part of ractor and any Material within the Working Area that is intended to the while subject to the right of third parties; to the Contractor with respect to the Work ar the portion of the Work :tor until the Work ar portion thereof withdrawn is completed; e additional cost over the Contract price of completing the Work or from the Contractor, as certified by the Contract Administrator and any paid to the Contract administrator for such additional service arising ;onable albwance, as determined by the Contract Administrator, to performed by the Contractor that may be required under subsection damages the Owner sustained as a result of the default; and g) charge the Contractor th amount by which the cost of corrections to the Worts under subsection GC 7.16, Wartanty, exce~ds the allowance provided for such corrections. GC 4.09 FinaF PavMent to Contractor .01 If the Owner's cost to comegt and complete the Work in whole or in part is less than the amount withheld from the Contractcr under subsection GC 4.08, Tertninafion of Contractor's Right to Continue the Work, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract iscomplete. GC 4.10 .01 Where the Contractor is in d right ar remedy the Owner ms the Contractor, the Surely, ar creditors. Page 26 of the Contract ault of the Contract the Owner may, without prejt~ice to any other have, terminate the Contract by giving written notice of termination to any trustee ar receiver acting on behalf of the Contractor's estate ar Rev. Date: 11!2006 OPSS.MUNt 1m0 .02 If the Owner elects to terminate the Contract, the Own®r may provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.11 Continuation of Contractor's Obligations .Oi The Contractots obligation under the Contract as to quality, correction, and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contracor'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, Owners Responsibilities and Rights, shall be exercised in accordance with the conditions of the Performance Bond. GC 4.13 Payment Adjustment .01 If any situation should occur in the performance of the Work that would result in a Change in the Work, the Owner shall be entitled to an adjustment and those adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. Page 27 Rev. Gate: 7112006 OPSS.MUNI 700 11 SECTION GC 5.0 -MATERIAL GC 5.01 Supply 9f Material .Ot AN Material necessary for th~ proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied, by the Contractor. The Contract price for the appropriate tender items shall be deemed to include fiUll compensation for the supply of such Material. GC 5.02 Quality of Material .Ot All Material supplied by then Contractor shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. .03 As specified in tl1e Contrajct Documents or as requested by the Contract Administrator, the Contractor shall make availa~le, for inspection or testing, a sample of any Material to be supplied by the Contractor .04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supiplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. .05 The Contractor shall notify i of the Material shipping inspection, sampling, and tt .06 The Owner shall not be Contractor fails to give suffi Administrator to carry out shipping date. .07 The Contractor shall not authorization of the Contras 08 Material that is not sp such Material shall be Contract Administrator of the sources of supply sufficiently in advance 's to enable the Contract Administrator to perform the required msible for any delays to the Contractors operations where the advance notice to the Contract Administrator to enable the Contract required inspection, sampling, and testing before the scheduled the source of supply of any Material without the written hall be of a quality best suited to the purpose required, and the use of to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shall be canied out on random basis in accordance with the standard inspection ,~ testirtg methods required for the Material. Arty approval given by the Contract Administrator for th$ Materials to be used in the Work based upon the random method shall not relieve the Contractor f~om the responsibility of incorporating Material that conforms to the Contrail Documents into th¢ Work or propedy performing the Contract and of any Rability arising from the failure to properly pe~rfortn as specified in the Contract Documents. GC 5.03 .01 Rejected Material shall be re effect from the Contract Adr Contrail Administrator may disposed of, in what the Coi the Contractor shall pay the I Page 28 :d from the Working Area expeditiously after the notification to that razor. Where the Contractor fails to comply with such notice, the the rejected Material to be rerrroved tram the Working Area and Administrator considers to be the most appropriate manner, and of disposal and the.appropriate overhead charges. Rev. Date: 112006 OPSS.MUNI 100 GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based onty upon supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of the Tender, the Contractor may apply to the Contract Admin~trator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. .02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If the. proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contradw in writing w by issuance of a Certificate of Equality on the Owners standard form of "Certification of Equality" and, if any adjustment io the Contract price is made by reason of such substitution, a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owr~r arW where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .O7 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promptly place it in storage, except where it is to be incorporated forthwith into the Work. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the contrd of the Contractor, it shall be replaced w repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, d shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator .03 Where Material supplied by the Owner arives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on Ehe bills of lading, the Contractor shaft immediately report such damage w discrepancies to the Contract Administrator who shall grange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage w deficiencies. Where damage or defiaencies are not so reported, it shall be assumed that the shipment arived in good condition and order, and any damage or defiaencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 29 Rev. Dace: 1121108 OPSS.MUNI 100 .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Materi shall be at the risk of the Contractor after taking delivery. Such Material shall not, except wig [he written permission of tFle Contract Administrator, be used by the Contractor for purposes of than the pertomlance of the Work under the Contract. 05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Owner shall become the property ref the Contractor when they are no longer required for their original purpose and shall be dispo$~ed of by the Contractor, unless otherwise specified in the Contract >~ Documents. .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or ~uch other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received. 07 Where Material supplied by Tpte Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no ex~a cost to the Owner, immediately upon commencement of operations, check the Material, report anK damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor, it shall be ass~ed that the stockpile was in good condition and order when the Contractor took charge of it, nd any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra ~ost to the Owner. Page ~ Rev. Date: 11f2006 OPSS.MUMI 700 SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .Ot The Contractor, the Contractors agents, and all workers empbyed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the resuk of the Contractor's operations under the Contract, unless indicated b the contrary below. .02 The Contractor is responsfirle for the full cost of any necessary temporary protective work w works and the restoratlon of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to these General Conditions. .03 The Contractor shall immediately inforn the Contract Administrator of all damage and injuries that occur dudrg the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of incdenf, or as soon as possible. .04 The Contractor shall not be responsible for loss and damage that occurs as a result of, a) war, b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission. .O5 The Contractor and the Contractors Surety shall not be released from any term or provision of any responsibiFty, obligation, or Nability under [he Contract or waive or impair any of the rights of the Owner, except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "claims", directly a indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible Property: b) caused by negligent acts or omissions of the Conracor or anyone for whose acts the Contractor maybe liable; and c) made in writing within a period of 6 years irorrr the date of Substantial Performance of the Work as set out in the Certificate of Substantial Perfomtance of the Work or, where so specified in the Contract Documents, from the date of certification of Final Acceptance. Page 37 Rev. Date: 11Y2006 OPSS.MUNI 100 .02 The Contractor shall indemq~ty and hold harmless the Owner trom all and every daim for damages, royalties or fees for the in ngement of any patented invention or copyright occasioned by the Contractor in connection witf~ the Work performed or Material famished by the Contractor under the Contract 03 The Owner expressly waives the right to indemnity fior claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02.'i 04 The Owner shall indemnify ahd hold harmless the Contraclor, their elected officials, agents, officers, and employees from and ag~inst all daims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising pal of the Contractor's performance of the Carttract that are attritwtable to a lads of or defect in title o{ an alleged lack of or defect in title to the Working Area. .OS The. Contractor expressly ujaives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6.03 Contractt~r's Insurance GC 6.03.01 General Ot Without restricting the gensjrality of subsection GC 6.02, Indemnfication, the Contractor shall provide, maintain, and pay~for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance cov rage in douses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specked in tli~ Contract Documents. .02 The Contractor shall provide Ithe Contract Administrator with an original Certificate of Insurance for each type of insurance cove~ge [ha[ is required by the Contract Documents. The Contractor shall ensure that the Contract Ad mistrator 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 peroi d to commence work until the Contract Administrator is in receipt of such proof of insurance. Th$$ Contract Administrator may withhold payments of monies due to the Contractor until the ContractoY has provided the Contract Administrator with original valid Certificates of Insurance as required by ttYe provisions of the Contract Documents. GC 6.03.02 General Lability Insurance .Ot Genera! liability insurance shill be in the name of the Contractor, with the Owner and the Contract Administrator named as additponal insureds, with limits of not less than five million dollars inclusive per occurrence fa bodily inj death, and damage to property indudmg loss of use thereof, with a properly damage deductible ipf not mwe than $5,000. The forth of this insurance shall be the Insurance Bureau of Canada (Dorm IBC 2100. 02 Another forth of insurance e~al to or better Otan that required in IBC Forth 2100 may be used, provided all the requirements Isted in the Contract are inducted. Approval of this insurance shall be conditional upon the Contract obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario ahd obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contractor shall maintajin in force such policies of insurance spedfied by the Contract Documents at aN times from tl}e commencement of the Work until Ote end of any Warranty Period or as otherwise required by the ontract Documents. 04 The Contractor shall submit ar}nually to Ole Owner, proof of continuation of the completed operations coverage and, 'If the Contractor fails to do so, Ore limitation period for claiming indemnity described in paragraph GC 6.02.01 c), sha not be binding on the Owner. Page 32 Rev. Dale:- 1112006 OPSS.MUNI 100 .05 Should the Contractor deride not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of properly building or land, IBC Form 2100 as required shall include the appropriate endorsements. .06 The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change or amendment restriding 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 vehides shall have limits of not less than five million dolars 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 acddent benefits insurance and covering licensed vehides owned or operated by the Contrador. GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.04.04 Aircraft Liability Insurance 01 Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in the performance of the Work, induding use of additional premises, shall be subject to limits of not less Than five million dollars indusive per ocaxrence for bodily injury, death, and damage to property inducting loss of use thereof, and limits of not less than five million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance .Ot Watercaft liability insurance with respect to owned or non-owned watercraft used directly or indirectly in the performance of the Work, inducting use of additional premises, shall be subject to limits of not less than five million dollars indusive per occurrence for bodily injury, death, and damage to property inducting loss of use thereof. Such insurance shah be in a form acceptable to the Owner. The policies shall be endorsed to provide Ole Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. GC 6.03.05 Properly and Boiler Insurance GC 6.03.05.01 Property Insurance Ot All r'sks property insurance shall be in the narr~ of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of Ole amount of the Contract price and Ole full value, as may be stated in the Contract Doctxrtenls, of Material that is spertified to be provided by the Owner for irtcorporaOon into the Work, wiOi a deductlble not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a form acceptable to the Owner and shall be maintained continuously unW 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. Page 33 Rev. Date: itr2006 OPSS.MUNI 100 ,,,,, GC B.03.05.02 Boiler 01 Biller insurance insuring thej interests of the Contractor, the Owner and the Contract Administrator for not less than the reptac9~ment value of boilers and pressure vessels forming part of the Worfc, shall be in a form acceptably to the Owner. This insurance shall be maintained continuously from commencement of use or o~teration of the property insured until 10 Days after the date of Final Acceptance of the Work, as stet out in the Final Acceptance Certificate. GC 6.03.05.03 Use and 01 Should the Owner wish to us Owner shall give 30 Days wr use or occupancy. Prior to s the additional premium cost, Owner's expense. If beta coverage, the Owner upon ~ shall provide, maintain, and i including coverage for such insurance. The Contractor Contractor's policies upon lei 02 The policies shall provide i Owner and the Contractor behalf of both the Owner ar damage payrr>ent with the Contractor shad proceed ti obligations of either party t reasonable extension of Co Administrator may decide in GC 6.03:05.04 Pavmen .Ot The Contractor shall be entl Contract, the amount a[ whu such amount to be paid a: requirements of Section GC entitled to receive from the p the restoration of the Work. 02 The Contiactw shad be rest amounts may be excluded fn .03 In dre event of a loss w dai others, the Owner shall pay Work proceeds and in acct PaymehL of the Work Prior to Completion or occupy part w all of the Work prior to Substantial Performance, the en notice to [he Contractor of the intended purpose and extent of such :h use or occupancy, the Contractor shall notify the Owner in writing of any, to maintain property and boiler insurance, which shall be at the e of such use w occupancy the Contractor is unable to provide itten notice from the Contractor and prior to such use or occupancy y for property and boiler insurance insuring the full value of Cite Work, :e w occupancy, and shall provide the Contractor with proof of such call refund to the Owner the unearned premiums applicable to the iination of coverage. 3t, in the event of a loss or damage, payment shall be made to the r their respective interests may appear The Contractor shall act on the Contractor for the purpose of adjusting the amount of such loss or curers. When the extent of the loss w damage is determined, the restore the Work. Loss w damage shall not affect the rights and der the Contract, except that the Contractor shall be entided to such ract Time relative to the extent of the loss w damage as the Contract onsultadon with the Contractor. Loss or Damage :d [o receive from the Owner, in addition to d,e amount due under the t the Owners interest in restoration of the Work has been appraised, the restoration of the Work proceeds, and in accordance with the t.0, Measurement and Payment. In addition, the Contractor shall be ~ments made by the insurers the amount of the Contractor's interest in Bible for deductible amounts under the policies, except where such the Contrators responsibility by the tenrts of this Contract. to tits Work arising from the action or omission of the Owner w Contractor Ote cost of restoring the Work as the restoration of the tce with the requirements of Section GC 8.0, Measurement and PaOe ~ Rev. Date: 1112006 OPSS.MUNtt00 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 baler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. The pollees 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 satlsfactory proof of financial capability by the Contractor for, self-insurance of the Contractor's Equipment, [he Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, [he 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 [he Contractor's Equipment. GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance poicy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. .02 The Contractor shall provide the Owner, on a form acceptable to Ole 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 poky 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 inGude a signature by an officer of the Contractor and, in addifion, a signature by an officer of the insurer or Ore underwriter or the broker. .04 Where a poky is renewed, the Contractor shall provide the Owner, on a form acceptable to the Owner, renewed proof of insurance immediately falowing completion of renewal .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and give evidence thereof to the Contractor. The Owners cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay Ehe cost of the insurance placed by the Owner within 30 Days of the date on-which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the cests thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the fulfilment of the Contract. pays ~ Rev. Date: 11!2006 OPSS.MUNI 100 GC 6.05. Workpla< 01 The Contractor shall provid indicating the Contractor's follows: a) Immediately prior to the b) Prior to issue of the Cer1 c) Prior to expiration of the d) At any other time when I Page 36 Safety and Insurance Board the Contract Administrator with a copy of a Certificate of Clearance wd standing with the Workplace Safety and Insurance Board, as tct Administrator authorizing the Contractor to commence Work. of Substantial Performance. my Period. ted by the Contract Administrator. Rer. Date: 11/2006 OPSS.MUNI 700 SECTION GC 7.0 -CONTRACTORS RESPONSIBIUTIESAtiD CONTROL OF THE WORK GC 7.01 General .Ot The Contractor wartanfs that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. .02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of [he Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for consWction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or o01er interferences may permit. .OS The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and executicn of construction methods required in their use. .O6 Notwittestandkrg paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such faalities 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 speafied method of .construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work. .07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Nea/th and Safety Act, R.S.O. 1990, c.0.1, as amended, (the "Act") and Ontario Regulation 213/97, 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, prirdng, and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor" and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c) a copy of the most curtent version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work: d) workers employed to cant' out the Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees certy out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and Page 37 Rev. Date: 1112006 OPSS.MUNI 100 f) aA Subcontractors and ;heir workers are properly protected from injury while they are at the Work Area. .08 The Contractor, when requees¢ted, shall provide the Owner with a copy of its health and safety policy and program at the pre-sfineeting and shall respond promptly to requests from the Owner for confirmation that. its meth and procedures for carrying out the Work comply with the Act and Regulations. The ContrailoF shall cooperate with representatives of the Owner and the inspectors appointed to enforce the Act~and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense that the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. .09 Prior to commencement of tFF~~e Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System w WHMIS, which the Contract expects to use on the Contract. Related Materials Safety Data Sheets shalt accompany the sulxnis$ion. All containers used in the application of products controlled under WHMIS shall be labelled. !rhe Contractor shall notify the Contractor Administrator in writing of changes in the products to b~ used and provide relevant Material Safety Data Sheets. .10 The Contractor shall have :elan authorized representative on me site while any Work is being performed, to supervise the ork and act for or on the Contractor's behalf. Prior to commencement of construction, the Contra or shall notify the Contract Administrator of the names; addresses; positions; and cell phone, pger, and telephone numbers of the Contrxtor's representatives who can be crontacted at any t}meto deal with matters relating to the Contrail, and update as necessary. .11 The Contrailw shall designate a person to be responsible for traifc contrd and work zone safety. The designated person shall e a competent worker who is qualified because of knowledge, training, and experience to perform 1He duties; is familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of all potential w $ctual danger to workers and motorists. Prior to the commencement of construction, the Contractor hall notify the Contract Administrator of the name; address; position; cell phone, pager, and telepf~ne numbers of the designated person, and update as necessary. The designated person may hav other responsibilities, including other cwlsfruction sites, and need not be present in the Working ArQa at aA times. .12 The Contractor shall, at no I dditionat cost to the Owner, furnish all reasonable aid, facilities, and i assistance required by the (~ontrail Administrator for the proper inspection and examination of the Work w the taking of measur@ments for the purpose of payment. .13 The Contractor shall prepare and update, as required, a construction schedule of operations, indicating the proposed me ds oT construction and sequence of work and the time the Contractor proposes to complete the vat~ous items of work within the time specified kr the Contract Documents. The schedule shall be su Itted to the Contract Administrator within 14 Days from the Contract awaM. If the Contractor's s~edule is materially affected by changes, the Contractor shall submit an updated construction schedule, if requested by the Contract Administrator, within 7 Days of the request This updated schedule shall show how the Contractor proposes to perform the balance of the Work, so as to complete t~le Work within the time speafied in the Contract Documents. .14 Where the Contractor finds' any error, inconsistency, or omission relating to the Contract, the Contractor shah promptly re rt to the Contract Administrator and shall not proceed with the activity affected until receivi direction from the Contract Administrator. .15 The Contractor shall promptly] notify the Contract Administrator in writingrf the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. Page 38 Rev. Date: 1112008 OPSS.MUNI 100 16 The Contractor shall arrange with the appropriate lflility 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 canmencing 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 uhderground Utilities and service connections by the Contractor's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). GC 7.02 Layout .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, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged, or removed by the Contractor's operations shall be replaced under the supervision of an Ontario Land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. 04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .OS The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shall be replaced at the Contractors expense. .08 Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor's expense. GC 7.03 Working Area .Ot The Contractors sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at aA times. .02 The Contracts shalt confine the construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. page 39 Rev. Date: 7712006 OPSS.MUNI 700 Ii .03 The Contractor shall not enter upon w occupy any private property for any purpose, unless the Contractor has received prl written permission from the property owner. GC 7.04 Damagespy Vehicles or Other Equipment .01 If at any time, in the opinion' of the Contract Administrator, damage is being done w is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's .vehicles w other Equipment; whether licensed or unlicensed Equipment, Ooe Contractor shall, on the direcfion of the Contract Administrator, and at no extra cost to the Owner, make changes w substitutions for such vehicl~s or Equipment, and shall alter loadings, or in some other manner, remove the cause of such d mage to the satisfaction of the Contract Administrator. i GC 7.05 Excess Loading of Motor Vehicles .O7 Where a vehicle is hauling~aterial for use on the Work, in whole w in part; upon a Highway; aril where motor vehicle registr ion is required for such vehicle, the Contractor shallnot cause or permit such vehicle to be loaded b$yond Uoe legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.6, as amended, whetherl, such vehicle is registwed in the name of fhe Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear th4 onus of weighing disputed loads. GC 7.06 Conditio~r of the Working Area .01 The Contractor shall maintaiT 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'lin the Contract Documents, if an existing Roadway is affected by consWction, it shall be kept open to both vehicular and pedestrian traffic. .02 Subject to the approval of tMje Contract Administrator, the Contractor shall, at no additional cost to the Owner, be responsible f r providing and maintaining for the duration of the Work an alternative route for both pedestrian and~vehicular traffic through the Working Area in accordance with [he OTM, whether along the existing H~ghway under construction or on a detour road beside w adjacent to the Highway under construction. .03 Subject to the approval of ;he Contract Administrator, the Contractor may block traffic for short periods of time to facilitate nstruction of the Work in accordance with the OTM. Any temporary Zane cbsures shall be kept tq a minimum. .04 The Contractor shall not be required. to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Contract that has been accep~ted in accordance with these General Conditions. The Contractor shall not be required to apply de-icing chemicals or abrasives or cony out snowplowing. .OS Where localized and separat~d sections of the Highway are affected by the Contractor's operations, the Contractor shall not be rquired to maintain intervening sections of the Highway until such times as these sections are kxate within the limits of the Highway affected by One Contractors general operations under the Contragt. .06 Where the Contract Docume~tts provide for w the Contract Administrator requires detours at speafic locations, payment for the cortstructian of the detours and, if required, for the subsequent removal of the detours, shall be made at{ the Contract prices appropriate to such work. Page 40 i Rev. Date: 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 surtace of such roads and detours shall be deemed to be inGuded in the prices bid for the various tender items and no additional payment shall be made. .08 Where work under the Contract is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and detours in a passable, safe, and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of [he detour and, if required, the subsequent removal shall be performed at the Contractors expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator. 10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the traffic diverted entirey off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. 11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Pr~erties Adjoining the Work and Interruption of Utility Services .Ot The Contractor shall provide at all fines and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner aaess to fire hydrants, water and gas valves, and all other Utilities located in the Working Area. .03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shah arrange such interuptions so as to create a minimum of interference to those affected. GC 7.09 Approvals and Permits .01 Except as specfied in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay for any permits, licences, and certificates, which at the date of tender closing, are required for the performance of the Work. .02 The Contractor shall arrange for all necessary inspections required by the approvals and permits speafied in paragraph GC 7.09.01. Page 41 Rev. Date: 11!2006 OPSS.MUNI 100 J GC 7.10 Suspension of Work .Ot The Contractor shall, upon +~ritten 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 circumstancr~s, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract .Ot If the Owner is adjudged b~nkrupt or makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any oth right w remedy the Contractor may have, by giving the Owner w receiver w trustee in bankruptcy written notice, terminate the Contract. .02 If the Work is stopped or o ~erwise delayed for a period of 30 Days or more under an order of a court or other public authori and provided that such order was not issued as the result of an act or fault of the Contractor or of a yone directly employed or engaged by the Contractor, the Contractor may, without prejudice to an~ other right w remedy the Contractor may have, by giving [he Owner written notice, terminate the ontract. .03 The Contractor may notify t~ Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contra ual obligations if, a) the Contract Administratajr fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement art'Irl Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC.8.02.03, Certificafionl,and Payment, the amounts certified by the Contract Administrator or within 30 Days of an awajd by an arbitrator or court; or c) the Owner vitiates the requirements of the Contract. .04 The Contractor's written noticee to the Owner shall advise that if the default is not corected irr the 7 Days immediately fotbwing rq'ceipt of the wdtten notice, the Contractor may, without prejudice to any other right or remedy the Cor~/ractor may have, stop the Work w terminate the Contract. .05 If the Contractor terminates t~e Contract under the conditions set out in subsection GC 7.11, the Contractor shall be entitled t be paid for ail work performed according to the Contract Documents and for any losses w damage as the Contractor may sustain as a result of the termination of the Contract. GC 7.12 Notices b'~ the Contractor .Ot Before work is carried out th~t may affect the property or operations of any Ministry w agency of government w any person; c~mpany; partnership; w corporation, including a municipal coporation or any board or commiss thereof, and in addifion to such notices of the commencement of specified operations as are~p escribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advan~ written notice of the date of commencement of such work to the person, company, partnership corporation, board, w commission so affected. .02 In the case of damage tow ' terference with any Utilities, pole lines, pipe tines, conduits, farm tiles, or other public or privately owned works w property, the Contractor shaft immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such I damage w interference. Page 42 Rev. DaOe: 1112006 OPSS.MUNt 100 GC 7.13 Obstructions .Ot Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage, or expense occasioned thereby. .02 Where the obstruction is an underground Utility or other man-made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the Plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with these General Conditions. .03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exerdse the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .Ot Except for such work as may be required by the Contract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry out operations under the Contract on Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contrail Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, calstruction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner w others and leave the Work and Working Area dean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has removed surplus materials, tools, construction machinery, and equipment. The Contractor shall also have removed debris, other than that caused by the Owner, or others. GC 7.16 Warranty .Ot Unless otherwise specified in the Contract Documents for certain Materials or components of the Work, tite 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 shah correct promptly, at no additional cost to the Owner, defects or defidencies in the Work that appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Work, Page 43 Rev. Date: 11/2006 OPSS.MUNI 100 b) where the work is con Completion of the Work, c) where there is no Certific of the Work as set out in d) such longer periods as some of the Work. The Contract Administrator ; deficiencies. .03 The Contractor shall core requirements of paragraph G GC 7.17 Contract .O7 The Contractor shall only e whenever the Contrail Admii involved in the Work are, in such worker or workers sha again without the consent in GC 7.18 Drainage .01 During construction and until to keep all portions of the W of the existing drainage cond after the date of Substantial Performance, 12 months after of Substantial Performance, 12 months from the date of Completion Completion Certificate, or y be specified in the Contract Documents for certain Materials or promptly give the Contractor written notice of observed defects or ;t or pay for damage resulting from corrections made under the :7.16.02. pr's Workers nploy orderly, competent, and skillful workers to do the Work and istrator shall inform the Contractor in writing that any worker or workers the opinion of the Contract Administrator, incompetent, or disorderly be removed from fhe work and shall not be employed on the work rriting of the Contract Administrator Work is completed, the Contractor shall make all reasonable efforts properly and efficiently drained, [o at least the same. degree as that Page 44 Rev. Gate: 1112006 OPSS.MUNI 100 SECTION GC 8.0 -MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities .01 The Contract Administrator shall make an Estimate once a month, in writing, of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut-Off Date. .02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of Work completed. 03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation {P) in the unit column shall be paid according to the Pian Quantity. Items where the notation (P) does not occur shall be paid according to Actual Measurement or lump sum. GC 6.01.02 Variations in Tender Quantities .Ot Where it appears that the quantity of Work to be done or Material to be supplied « both by the ' Contractor under a unit price tender item may exceed or be less than the tender quantity, the Contractor shall proceed to do the Work or supply the Material or both required to complete the tender item aM payment shall be made for the actual amount of Work done or Material supplied or troth 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 perfomred or Material supplied or both by Ehe Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed or Material supplied or both which exceeds 115°k of the tender quantity. The negotiation shall be caried 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 alknvance for profit and applicable overhead. b) In the case of a Major I[em where the quantity of Work performed or Material supplied or both by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantty for the item. Overhead costs shall be confirmed by a statement certified by the Conlracta's senor financial officer or auditor and may be audited by the Owner. Alternatively, where boM 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 sha8 be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. p~qs Rev. Date: 1112006 OPSS.MUNI 100 GC 8.02 GC 8.02.01 Price .Ot Prices for the Work shall be full compensation for all labour, Equipment and Material required in its pertormance. The term "all ~bour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. 02 Payment for work not specilly detailed as part of any one item and without specified details of payment shall be deemed to included in the items with which it is associated. GC 8.02.02 AdvancelPayments for Material .01 The Owner shall make adva}tce payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and condi0ons: a) The Contractor shall dewier 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 facilil~'es. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i. Sources Other Than~ommercial (1) Granular A, B, I, 611, 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 Porttand cement~concrete shall be assessed at the rate of 25% of the Contract price for each aggregate tockpiled. ii. Commercial Sources Payment for separaO~d coarse and fine aggregates shall be considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be cenied out befor incorporating such materials into a final product. Advance payments for other materials kt~ated at a commercial source shah not be made. c) Payment for all other imateials, unless otherwise specified elsewhere in the Contract Documents, shall be based on the invoice price, and fhe Contractor shah submit proof of cost to the Contract Administratc}r 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 it to cover the value of the material. Such payment shall not exceed 80% of the Contract pri for the item. e) All Materials for which th Contractor wishes to receive advance payment shall be placed in the designated storage loca immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the Owner and for the duje cunpletion of the Work. The Contractor shall not exercise any act of ownership inconsistent tn~ith such severity, or remove any Material from the storage ktcations, except for inclusion in the,' Work, without the consent, in writing, of Ote Contract Administrator. f) Such materials shall re mat the risk of the Contractor who shall be responsible for any loss, damage, theft, improper~i se, or destruction of the material however caused. .02 Where the Owner makes .advance payments subject to fhe conditions listed in paragraph GC 8.02.02.07, such payment II not constitute acceptance of fhe Material by the Owner. Acceptance shall ony be determined whher~ the material meets the requirements of the appropriate specification. wage as Rev. Date: t 1/200ti OPSS.MUNI te0 GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate .Ot The value of the Work performed and Material supplied shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and Gause GC 8.01:01, Quantities. .02 The progress Payment Certificate shall show, a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Material; d) the amount of statutory holdback, liens, Owner's set-off; e) the amount of GST, as applicable; and f) the amount due to the Contractor. .03 One copy of the progress Payment Certificate shall be sent to the Contractor. .04 Payment shall be made within 30 Days of the CuFOff Date. GC 8.02.03.02 Certification of Subcontract Completion .Ot Before the Work has reached the stage of Substantial Performance, the Contractor may notify the Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subconract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. .03 The Contract AdminisVator shall set out in the Certificate of SubconVad Completion the date on which the subcontract was completed and, within 7 Days of the date the subconVact is certified complete, Ne Contract Administrator shall give a copy of the certificete to the Contractor and to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .Ot Following receipt of the Certificate of Subcontract Completion, the Owner shah release and pay the Contractor fhe statutory holdback retained in respect of the subcontract. Such release shall be made 48 Days after the date the subconVact was certified complete and providing the Contractor submits the folbwing to the ConVact Administrator. a) a document satisfactory to the ConVact Administrator that shall release the Owner from a0 further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontrac-or has discharged all Nabtlities incurred in carrying out the subcontract; . pyre q~ Rev. Date: 112006 OPSS.MUNI 100 r c) a satisfactory relating to the d) a copy of the contra statement showing the 02 Paragraph GC 8.02.03.C Contract Administrator sp 03 Upon receipt of the stall payment due under the sl 04 Release of statutory hol Contractor, w the Contras GC 8.02.03.04 Cert~ .01 Upon application by the Contract has been subst Substantial Performance. certificate or letter from the Workplace Safety and insurance Board t; and between the Contractor and the Subcontractor and a satisfactory al amount due the Subcontractor from the Contractor. d), shall only apply to Lump Sum Items and then only when the tally requests it. holdback, the Contractor shall forthwith give the Subcontractor the c by the Owner in respect of a subcontract shall not relieve the Surety, of any of their responsibilities. of Substantial Performance ctor and when the Contract Administrator has verified that the performed, the Contract Administrator shall issue a Certificate of .02 Upon verifying that the Contra has been substantially performed, the Contract Administrator shall issue a certificate of Substa tial Performance and shall set out in the Certificate of Substantial Performance the date on wh ch the Contract was substantially performed and, within 7 Days after signing the said certificate, th Contract Administrator shall provide a copy to the Contractor. .03 Upon receipt of a copy of thOJ Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1 Paragraph 5 of the Construction Uen Act, R.S.O. 1990, o.C.30, as amended, publish a copy of tme certificate in a construction trade newspaper. Such publication shat! include placement in the Daily Commercial News. ' 04 Where the Contractor fails ~o publish a copy of the Certificate of Substantial Performance as required above within 7 Da~s after receiving a copy of the certificate signed by the Contract Administrator, the Owner mays publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provid for in Section 31 of the Construction Lien Ad, the 45 Day lien period prior to the release of hoWb ck as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Hold ck Release Payment Certificates, shall commence from the date of publication of the Certificate Substantial Performance as provided for above. GC 8.02.03.05 Substanti I Performance Payment and Substantial Performance Statutory Holdback~telease Payment Certificates .Ot When the Contract Administrator issues the Certificate of Substantial Performance,. the Contract Administrator shall also issuellthe Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdb9ck Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial Performance a) the value of Work b) the value of outstanding Certificate shall show, to the date of Substantial Performance; incomplete Work; c) the amount of the statutory holdback, allowirx~ for any previous releases of statutory holdback to the Contractor in respect f completed subcontracts and deliveries of pre-selected equipment Page 48 Rev. Date: 1112008 OPSS.MIIN1 100 d) the amount of maintenance security required; and e) the amount due the Contractor. 03 Payment of the amount certified shall be made within 30 Days of the date of issuance of the payment certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submisson 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 declarafron in a form satisfactory to the Contract Administrator that alt liabilities incurred by the Contractor and the Contractor's Subcontractors in cartying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Perfornance. GC 8.02.03.06 Certification of Completion 01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was wmpleted and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certficete. .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 tlme value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the Constnrction Lin Act and the submission by the Contractor of the fofiowing documents: Page 49 Rev. Date: 17/2008 OPSS.MUNI 100 it i I~ 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 statu[dry dedaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contracti~r and the Contractors Subcontractors in grrying out the Contract have been discharged, qualifi~d by stated exceptions where appropriate; and c) a satisfactory Certificate'pf Gearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest i .Ot Interest due the Contractor i~ based on simple interest and is calculated using the applicable Rate of Interest. GC 8.02.03.09 Interest .Ot Provided the Contractor documentation requirement ' for release of statutory hok receive interest on the outsi dates set out below: a) Progress Payment Cert b) Certificate of Subcontra [~ subcontract was comole c) Subcontract Statutory the subcontract was c d) Substantial Perlormai certificate; e) Substantial Performai publication of the Payr f) Completion Payment Contract reached Corc g) Completion Statutory I the date that the Work .02 If the Contractor has not c requirements, prior to exl interest shall only begin to Late Payment s complied with the requirements of the Contract, including all. when payment by the Owner to the Contractor for Work performed, or adc, is delayed by the Owner, then the Contractor shall be entitled to iding payment at the Rate of Interest, if payment is not received on the 30 Days after the Cut-Off Date; Completion: 30 Days after the date certified as the date on which the Release Payment Certificate: 76 Days after the date on which Payment Certificate: 30 Days after the date of issuance of the Statutory Hddback Release Payment Certificate: 76 Days after Certificate of Substantial Performance; and 30 Days after the date certified as the date on which the iadc Release Payment Certificate: 76 Days after the date certified as completed. I with the requirements of the Contract, including atl documentation of Ote time periods described in paragraph GC 8.02.03.09.01, when the Contractor has completed those requirements. Pam ~ li Rev. Date: 1112006 OPSS.MUNt 100 GC 8.02.03.10 Interest for Negotiations and Claims .Ot Except as hereinafter provided, where a notice of negotiation, notice of intenE to claim and the subsequent claims are submitted in accordance with the time limits or procedure or both described by subsection GC 3.13, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest shall not commence until 30 Days after the satisfactory completion of that part of the Work. .02 Where the Contractor does not attempt to resdve the negotiation or the daim in an expeditious manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the fime limit prescribed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period. GC 8.02.03.11 Ownet's Set-Off ' 01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities, including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of 07e 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 .Ot For the purpose of clause GC 8.02.04 the following definitions apply: Cost of tabour means the amount of wages, salary, travel, travel time, food, bilging, or similar items and Payroll Burden paid or insured directly by the Contractor to or in respect of labour and supervision actively and necessariy engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision but shall not include any payment or costs insured for general supervision, administrat'xm, 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 Factra Work by the Contractor or by others, when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 51 Rev. Date: 112006 OPSS.MUNI 700 Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment insurance, public liability and pro rty damage insurance, sickness and accident insurance, pension fund, and such other welfare and bene t payments forming part of the Contractor's normal labour costs. Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm, or corporation that is not an assocate of the lessee as the word "associate" is defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. ' Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking j lots and incudes all work incidentals thereto other than work on ' structures. i Sewer and Waternain Work i means the preparation, construction, finishing, and construction maintenance of sewer systems ~nd wa[ermain systems, and includes ail work incidental thereto other than work on structures. j Standby Time means any period bf time that is not considered Working Time and which together with the Working Time does not exceed Ih0 hours in any one Working Day and during which time a unit of ' equipment cannot practically be used on other work but must remain on the site in order to continue. with its assigned task and during which) time the unit is in fully operable condition. SMucture Work means the consjtruction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, (tunnel, or retaining wall and includes the preparation for and the laying of the. foundation of any bridge, trttilding, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. ', The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment, Including Model and Specification Reference, that is current at the time the work is carried out or for Equipme t that is not so listed, the rate that has been calculated by the Owner, ' using the same principles as used fn determining The 127 Rates. Work on a Time and Material sis means Changes in the Work, Extra Work, and Additional Work approved by the Contract Adminis~ator for payment on a Time and Material basis. The Work on a Time ' and Material Basis shall be subjec} to all the terms, condi5ons, Standard Specificafions and provisions of the Contract. Working Time means each perio' of time during which a unit of Equipment is actively and of necessity engaged on a specific operation aaaaaa~~~~~~d the first 2 hours of each immediately following period during which the unit is not so engaged but du which the operation is otherwise proceeding and during which time the unit cannot practically be tran ferred to other work but must remain on the site in order to continue with its assigned tasks and during hick Dime Ole unit is in a fully operable condition. ~ GC 8.02.04.02 Daily Wor .01 Daily Work Records, prepare Contract Administrator reporti Time and .Material project, s representative and the Conti Records, then the Contracto whereby the resolution of the is a resolution of the claim. Page 52 Records as the case may be by either the Contractor's representative or the g the labour and Equipment empbyed and the Material used on each ouid be reconciled and signed each Day by both the Contractor's rct Administrator. If it is not possible to reconcile the Daily Work shall submit the un-reconciled Daity Work Records with its claim, lispute about the Daily Work Records shall not be resolved until there Rev. ~: 112006 OPSS.Mt1Nt 100 GC 8.02.04.03 Payment for Work .Ot Payment as herein provided shall be fuN compensation for all labour, Equipment, and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator. GC 8.02.04.04 Payment for Labour 01 The Owner shall pay the Contractor for labour employed on each Time and Material project at 135% of the Cost of Labour up to $3,000, then at 120% of any portion of the Cost of labour in excess of $3,000. .02 The Owner shall make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor's actual cost of Payroll Bunten. .03 At Ste Owr~r's discretion, an audit may be conducted in which case the acWal Payroli Burden so determined shall be applied to all Time and Material wait on the Contract. GC 8.0204.05 Payment for Material .Ot The Owner shall pay the Contractor for Material used on each Time and Material project a[ 120% of the Cost of the Material up to $3,000, then at 115% ~ any portion of the Cost of Material in excess of $3,000. GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Wonting Time .01 The Owner shall pay the Contractor for the Working Time of aN Equipment, other than Rented Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 -payment $10,000 plus 90°h of the portion in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80% of ftle portion in excess of $20,000. .02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior to the use of [he Rented Equipment. .03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and Material Basis. GC 8.02.04.06.02 Standby Time .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarity retained in the Workirg Area for extended periods agreed to by p~ 6S Rev. Date: t 12(106 OPSS.MUNI 100 the Contract Administrator. has been idled due to the c shall indude Rented Equipment intended for use on other work, but >tances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner sha~include the Cost of Labour of operators or associated labourers who cannot be otherwise employ d during the standby period or during the period of idleness caused by the circumstances giving ris [o the Work on a Time and Material Basis. 03 The Contract Administra[or~ay require Rented Equipment idled by the circumstances giving rise to the Work on Time and M enal Basis to be returned to the lessor until the work requiring the equipment can be resumed. iThe Ovmer shall pay such costs as a result from such return. 04 When Equipment is transporked, solety for the purpose of the Work on a Time and Material Basis, to or from the Working Area od, a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. Th/' method of moving Equipment and the rates shall be subject to the approval of the Conrad Adrttinistrator. GC 8.02.04.07 Paymentfor Hand Tools .01 Notwithstanding any other pl~pvision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools of equipment that are tools of the trade. GC 8.02.04.08 Payment for Work By Subcontractors _01 Where the Contractor araq~s for Work. on a Time and Material Basis, or a part of it, to be performed by Subcontrador~ on a Time and Material basis and has received approval prior to the commencement of such wiprk, in accordance wi0r the requirements of subsection GC 3.09, Subcontracting by the Contr~dor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontrador (calculated as if the Contractor had done the Work on a Time and Material Basis, plus a marku calculated on the following basis: a) 20°h of the first $3,000; b) 15% of the amount from $3,000 to $10,000; plus c) 5% of the amount in excels of $10,000. .02 No further markup shall. be applied regardless of the extent ib which the work is assigned or sublet to others. If work is assigned qr sublet to an associate, as defined by the Securities Ad, no markup whatsoever shall b@ applied. !, GC 8.02.04.09 of Invoices .01 At the start of the Work on ~' Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates riot already submitted to the Contract Administrator during the course of such work. .02 Separate summaries shah be (completed by the Contrador according to the standard form "Summary for Payment of Accatnts on Time and Material Basis." Each summary shall indude the Change Directive or Change Order n ber and covering dates of the work and shall itemize separately the labour, Materials, and Equi ent. Invoices for Materials, Rented Equipment, and othercharges insured by the Contractor the Work on a Time and Material Basis shall be included with each summary. I ~i Page 54 ~ Rev. Qete: 71!2006 OPSS.MUNI 100 .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 incurced during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time and Material Basis .01 Clause GC 8.02.04 does not preclude the option of the Contract Administrator and the Contractor negotiating a Lump Sum Item or unit price payment for Change in the Work, Extra Work, and Additional Work. GC 8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the compensation, as herein provided, shall be accepted by the Contractor as compensation in fuN for profit and all costs and expenses arising out of the work, including aN cost of general supervision, administration, aM management time spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate .Ot After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known defidendes have been adjusted or corrected, as the case may be, and the Contractor has discharged aN obNgations under the Contract. GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. .02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers empoyed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person employed. by the Contractor or any Subcontractor or other person on the Work is paid less Stan the amount required to be paid under the Contract, the Owner may set off monies in accordance with douse GC 8.02.03.11, Owner's Set-Off. GC 8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work, and claims arising therefrom. Such Records shall be of suffident 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 un01 all clairr>s have been settled, whichever is kxrger. The Contractor shall require that Subcontractors empoyed by the Contractor preserve aN original Records pertaining to the Work, Changes in the Work, Extra Work, and Gaims arising therefrom for a similar period of Gme. .02 The Owner may inspect and audit the Contractor's Records rela8ng to the Work, Extra Work, and Changes in the Work at any time during the period of the Contract The Contractor shah supply certified copies of any paR of its Records required, whenever requested by the Owner. page 55 Rev. Date: 11!2006 OPSS.MUNI 100 i~ GC 8.02.08 Taxes .01 Where a change in Canadia~t Federal or Provincal taxes occurs after the date of tender closing for this Contract, and this chan~e could no[ have been anticipated at the time of bidding, the Owner shall increase or decrease:Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for'pdditional tax cost shall be submitted by the Contractor to the Contract ' Administrator on forms provi'~ed by the Contract Administrator to the Contractor. Such claims for additional tax costs shall lie sdbmitted not less than 30 Days after the date of Fina! Acceptance. 03 Where the Contractor ben~fits from a change in Canadian Federal or Provincial taxes, the ' Contractor shall submit to' the Contract Administrator, on forms provided by the Contract Administrator, a statement ~ such benefits. This statement shall be submitted no[ later than 30 Days after Final Acceptance. ' .04 Changes in Canadian Feder~l or Provincal taxes that impact upon commodities, which when left in place form part of the finish Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by th Contractor or a Subcontractor, are subject to a Gaim or benefit as detailed above. Services in fhe latter context means the supply and operation of equipment, the provision of labour, and the stYpply of commodities that do not form part of the Work. GC 8.02.09 Ot When liquidated damages a Work in accordance with the Contract Documents. Damages specked in the Contract and the Contractor fails to complete the ntract, the Contractor sha0 pay such amounts as are specified in the SEC7~ION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliance I~n Contract Documents 01 The tTMner warrants that thej information furnished in the Contract Documents can be relied upon with the foAowing limitations ar exceptions: a) The location of all mainlifie underground Utilities that may affect the Work shall be shown to a tolerance of: I i. 1 m horizontal, and ', ii. 0.3 m vertical 02 The Owner does not warrant+~r make any representation with respect to: a) interpretations of data or'opinions expressed in any Subsurface Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and b) other infomtation specifica~y excluded from this warranty. GC 2.02 Order of precedence .01 In the event of any inconsistency or conflict in Ote contents of the following documents, such documents shall take precedt~nce and govern in the following descending order: I a) Agreement b) Addenda II c) Special Provisions d) Contract Drawings e) Standard Specifications f) Standard Drewings '! g) Instructions to Tenderers~ h) Tender i) Supplemental General Conditions j) .General Conditions ', k) Working Drawings '! Later dates shall govern with~n each of the above categories of documents. .02 In the event of any conflicts among or inconsistency in The information shown on Drawings, the following rules shaft apply: a) Dimensions shown in f ures on a Drawing shall govern where they differ from dimensions scaled from the same dr~wing; b) Drawings of larger state Ishall govern over those of smaller scale; Page 12 Rev. Date: t 121106 OPSS.MUNI 100 c) Detailed Drawings shall govern over genera{ Drawings; and d) Drawings of a later date shall govern over those of an eadier date in the same series. .03 In the event of any inconsistency or conflict in the contents of Standard Speafications the following descending order of precedence shall govern: a) Owner's StandaM Specifications b) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in fhe Ontario Provencal Standard Specfications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Page 13 Rev. Dale: 1112006 OPSS.MUNI 100 GC 3.01 SECTION 3.0 -ADMINISTRATION OF THE CONTRACT Authority .01 The Contract Administrator S$hall 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 th'~ Contractor, including instructions from the Owner, shall be issued by the Contract Administrator. lfhe Contract Administrator shall have the authority to act on behalf of the Owner only to the extent ~rovided in the Contract Documents. .02 All claims, disputes and oth~'r matters in question relating to the performance and the quality of the Work or the interpretation of ~he Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. .03 The Contract Administrator jnay inspect the Work for its conformity with the Plans and Standard Specifications, and to record) the necessary data to establish payment quantities under the schedule of tender quantities and unit,prices or to make an assessment of the value of the work completed in - the case of a lump sum price Contract. .04 The Contract Administrator s~t1a11 determine the amounts owing to the Contractor under the Contract and shall issue certificatesl~for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. .05 The COmtraCt Administrator hall, with reasonable promptness, review and take appropriate action upon the Contractor's subjmissions such as shop drawings, product data, and samples in accordance with the Contractt Documents: .O6 The Contract Administrator shall investigate all allegations of a Change in the Work made by the Contractor and issue appropriate insWCtions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owners approval. .08 Upon written application by a Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection oft Work to establish the date of Substantial Performance of the Work or the date of Completion of th$ Work or both. .09 The Contract Administrator I~hall be, in the first. instance, the interpreter of the Contract Documents and U1e judge of the pert ante thereunder by both parties to the Contract Interpretations and decisions of the Contract inistra[or shall be consistent with the intent of the Contract Documents and, in making these decisi s, the Contract Administrator shall not show partiality to either party. .10 The Contract Administrator.,shall have fhe authority to reject part of the Work or Material that does not conform to the Contract documents. .11 In the event that the Contr~t Administrator determines that any part of the Work performed by the Contractor is defective, wh ther the result of poor workmanship; the use of defective material; or damage through carelessness or other ad or omission of the Contractor and whether or not incorporated in the Work; !ior otherwise faits to conform to the Contract Documents, then the Contractor shah 'rf directed by the Contract Administrator promp0y remove the Work and replace, make good, or re-execute 1Fje Work at no additional cost to the Owner. 12 Any part of the Work destrobed or damaged by such removals, replacements, or re-executions shall be made good, promptly, at no additional cost to the Owner. --- p~ 14 Rev. Dale: 11/2006 OPSS.MUNI 100 13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount that will be determined in the first instance by the Contract Administrator. 14 Notwithstanding any inspections made by the Contr~t Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrate to reject any defective work or Material shall not consfitute acceptance of defective work or Material. 15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as maybe necessary: a) to facilitate the checking of any portion of the Contractor's construcfion 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. 16 The Owner has the dght to terminate the Contract for wilful or persistent violation by the Contractor or its workers of the Occupational Health and Safety Act legislation and regulations, Workplace Safety and Insurance Board Act, and Regulation 309 of the Environmental Protection Act. 17 If the Contract Administrator determines that any worker employed on [he Work is incompetent, as defined by the Oceupafional 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 cleadgidenfified and dated Working Drawings as calved for by the Contrail Documents. .02 The Contractor shall submit Working Drawings to the Contrail Administrator with reasonable prorr~fness and in ordedy sequence So as to not cause delay in the Work. If either the Contractor or -the Contract Administrator so requests, [hey shah 1~OY prepare a schedule fixing the dates fa sutxnission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contrail Administrator in writing of any deviations from the Contract requirements that exist in the Working Drawings. .03 The ContraG Administrator shall review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrator's review shall be to check for conformity to the design concept and for genera arrangement only and such review shall not relieve tl1e Cartractor of responsibility for errors or omissions in the Working Drawings or of responsibility For meeting all requirements of the Contract Documents, unless a deviation on the Working Drawings has been approved in venting by the Contract Administrator. Page 15 Rev. Date: 1112006 OPSS.MUNI 100 a) Delays, subsection GC .05 The Contractor shall make require to make the Workin otherwise directed by the C Contract Administrator in Administrator. .06 Work related to the Workii signed and dated by the Cc to construct granted .07 The Contractor shall keep r at all times. GC 3.03 Right o1 .01 The Contractor shall, when force at any time the Con damaging to either the Worl .D2 The Contractor shall, when so as to avoid interference .03 Notwithstanding the forego protection are maintained 0 GC 3.04 Emerge .01 The Contract Administrator as the right to determine the existence of an emergency situation and, when such an emergency s tuation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to emedy the situation. If the Contracior does not take timely action or, if the Contractor is not availab~e, the Contract Administrator may direct others to mmedy the situation. .02 If the emergency situation vhras the fault of the Contractor, the remedial work shalt 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 i', .01 The Contract Administrator shall provide baseline and benchmark information for the general location, alignment, and elj:vation of the Work. The Owner shall be responsible only for the correctness of the informatia~n provided by the Contract Administrator. GC 3.06 Extensidn of Contract Time .01 An application for an exten ion of Contract Time shall be made in writing by the Contracts to the Contract Administrator as as the need for such extension becomes evident and at least 15 Days prior to the expiration f the Contract Time. The application for an extension of Contract Time shall enumerate the reason, and state the length of extension required. .02 Circumstances suitable for r~onsideration of an extension of Contract Time inGude Ore following: charges in Working Drawings that the Contract Administrator may swings consistent with the Contract Documents and resubmit, unless tct Administrator. When resubmitting, the Contractor shall notify the ig of any revisions other than those requested by the Contact Drawings shall not proceed until the Working Drawings have been act Administrator and marked with the words "Reviewed. Permission set of the reviewed Working Drawings, marked as above, at the site r Contract Administrator to Modify Methods and Equipment jested in writing, make alterations in the method, Equipment, or work t Administrator considers the Contractor's actions to be unsafe, or existing facilities or the environment. nested in writing, alter the sequence of its operations on the Contract work being performed by others. the Contractor shall ensure that all necessary safety precautions and ghoul the Work. Skuations b) Changes in the Work, cruse GC 3.10.01. c) Extra Work, clause GC .10.02. Page 16 F2ev. Date: 11!2006 OPSS.MUNI 100 d) .Additional Work, clause GC 3.10.03. .03 The Contract Administrator shall, in considering an application for an extension to the Contract Time, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Contrdling 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. .OS 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, ertors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly w 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 indirecty; d) the Contract Administrator giving notice under subsection GC 7.10, Suspension of Work; e) abnormal inclement weather; or f) archaeological finds in accordance with subsection GC 3.15, Archaeological Fnds, then the Contractor shall be reimbursed by fhe Owner for reasonable costs incurted by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contrail Time due to abnormal inclement weather, the Contractor shall, with [he Contractor's application, submit evidence from Environment Canada in support of such application. Extension of Contract Time may be granted in accordance with subsection GC 3.06, Extension of Contract Time. .02 If the Work is delayed by labour disputes, strikes or lock-outs, including lockouts decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise tlotmd, are beyond the Contractor's contrd, which then the Contract Time shah be extended in accordance with subsection GC 3.06, Extension of ContraG Time. In no case shall the extension of Contract Time be less than the time lost as the resutl of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be enttled 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 nt delays incurted 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, A~diations. GC 3.08 Assignment of Contract .Ot 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 700 GC 3.09 Subcon .01 The Contractor may subcor limitations specified in the C .02 The Contractor shall notify writing, of the intention to s Subcontractor with whom it .03 The ContraG Administrator intended Subcontractor. l rejection. 04 The Contractor shall not, wi been engaged in accordant .05 The Contractor shall preser that part of the Work to be p a) enter into agreements accordance with the C b) be as fully responsible and of persons directly directly employed by th€ .06 The Owner's consent to si .Contractor from any obligati Nothing contained in the C Subcontractor and fhe Ownr GC 3.10 GC 3.10.01 It 01 The Owner, w the Contras Change in the Work withc proceced with a Change in the receipt of such Change in the Work. .02 The Contractor may apply GC 3.06, Extension of Conti 03 If the Change in the Work made according to the coot the Change in the Work da may initiate negotiations up of the Change in the Wod payment may be made act Time and Material Basis. Page 18 by the Contractor any part of the Work, subject to these General Conditions and any ct Documents. e Contract Administrator 10 Days prior to the start of construction, in icontract. Such notification shall identify the part of the Work, and the intended. fl, within 5 Days of receipt of such notification, accept or reject the rejection shall be in writing and shall include the reasons for the out the written consent of the Gwner, change a Subcontractor who has with this subsection. and protect the rights of the parties under the Contract with respect to lwmed under subcontract and shall, h the intended Subcontractors to require them to perform their work in ract Documents; and the Owner for acts and omissions of the Contractor's Subcontractors x indirectly empoyed by them as for acts and omissions of persons ontracting by the Contractor shall not be consWed to relieve the under the Contract and shall not impose any liability upon the Owner. tract Documents shall create a contractual relationship between a in the Work Administrator where so authorized, may, by order in writing, make a irnatidafing the Contract. The Contractor shall not be required to :Work unfit in receipt of a Change Order or Change Directive. Upon rder or Change Directive the Contractor shall proceed with the Change an extension of Contract Time according to the terms of subsection Time. elates solely to quantities, payment for that part of the Work shall be eons specified in clause GC 8.01.02, Variations in Tender Quantities. If snot solely relate to quantities, then either the Owner or the Contractor yards or dowmnrards for the adjustment of ttte Confact price in respect pursuant to subsection GC 3.13, Claims, Negotiations, Mediation w riling to the conditions contained in clause GC 8.02.04, Payment on a Rev. Date: 11!2006 OPSS.MUNI 700 GC 3.10.02 F~rtra Work .01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the Extra Work until in receipt of a Change Order or Change Directive. Upon receipt of such Change Order or Change Directive the Contractor shall proceed with the Extra Work. 02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Either the Owner or Contractor may initiate negotiations upwards or downwards for the payment for the Extra Work pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. ff ti1e Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. 1~ .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.13, Claims, Negotiations, Mediation, or payment may be made according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis. GC 3.11 Notices .Ot Any notice permitted or required to be given to the Contract Administrator or the Superintendent in respell of the Work shah 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, if 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 facsimHe terminal numbers for the Contract Administrator and Ote Superintendent at the commencement of the Work, and update as necessary. .03 In 01e event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract. GC 3.12 Use and Occupancy of the Work Prlor to Substantial Performance .Ot 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 axeptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any IiabNity that has arisen, or may arise, from the performance of the Work in accordance with the Contract Page 19 Rev. Date: 11!2006 I~SS.MUNI 100 i Documents. The Ownersha~ll be responsible fa any damage that ocaxs because of the Owner's use s occupancy. Such use or occupancy of any part of the Work by the Owner does notwaive the Owner's right to charge [he Contracts liquidated damages in accordance with the temps of the Contract GC 3.13 Claims, Negotiations, Mediation GC 3.73.01 Continuahce of the Work .Ot Unless the Contrail has bei;n terminated or completed, the Contracta shall in every case, after serving a receiving any Holt lion of a claim or dispute, verbal a written, continue to proceed with the Work with due diligence end expedition. It is understood by the parties that such action shall not jeopardize any. claim it may have. GC 3.13.02 Record eeping .O1 Immediatety upon commend g work that may result in a claim, the ConVacte shall keep Daily Work Records during the course f the Work, suftidert to substantiate the Contractor's claim, and the Contract Administrator shah keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with ~lause GC 8.02.07, Records. .02 The Contractor and the Conf~act Administrator shall attempt to reconcile their respective Daiy Work Records on a daily basis, to'simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to recondle their respective Daily Work Rerxxds, then the Contractor shall submit its Daily Work Recor{is as part of its claim, whereby the resolution of the dispute about the Daily Work Records shal{ nod be resdved until there is a resolution of the claim. 03 The keeping of Daily Work~2ecords by the Contract Administrator or the recondling of such Daily Work Records with those of ate Contractor shall not be construed to be acceptance of the claim. 1 GC 3.13.03 Claims Procedure Ot The Contractor shall give erbal notice of any situation that may lead to a claim for additional payment immediately upon E~ecorrting aware of the situation. .02 The Contractor. shall providn written notice in the standard form "Notice of Intent to Gaim" within 7 Days of the commencement of any part of the Wak that may be affected by the situation. .03 The Contracts shall submiq detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall: a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual s otherwise, upon which the claim is made; and c) include the Records mai~7tained by the Contractor supporting such claim. In exceptional cases, the 3~1 Days may be inseased to a maximum of 90 Days with approval in writing Vom the Contract Ad~ninistrata. 04 Within 30 Days of the r ipt of the Contractor's detailed claim, the Contract Administrate may request the ConVactor to~ubmit any further and other particulars as the Contract Administrate considers necessary to as the claim. The ConVaila shall submit the regwested information within 30 Days of receipt ofuch request. I ~~ Page 20 Rev. Date: 7112006 OPSS.MUNI 700 u .OS Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the validity of the claim. GC 3.13.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to fadlitate these negotiations. .02 Should the Contractor disagree with the opinion given in paragraph GC 3.13.03.05, with respect to any part of the claim, the Contract Administrator shah enter into negotiations with the Contractor to resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed that payment cannot be made on a Time and Material basis in accordance with dause GC 8.02.04, Payment on a Time and Material Basis, the parties shah proceed in accordance with clause GC 3.13.05, Mediation, or subsection GC 3.14, Arbitration. GC 3.13.05 Mediation .01 If a daim is not resolved satisfactorily through the negotiation stage noted in dause 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 Ote issue. In a final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration [he mediator shall provide, without prejudice, anon-binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Days folowing the opinion given in paragraph GC 3.13.03.05. .05 Each party is responsible for its own costs related ib 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 daim shall be made no later than 30 Days after the date of resolutiooof the claim or dispute. Such payment shall be made according to Ote 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 rghts of recourse available to the parties, provided that the requtrements set out in this subsection are fulfilled. GC 3.14 Arbitratlon GC 3.14.01 Conditions of Arbitration .Ot If a daim is not resolved satisfactorily through the negotiation stage noted in dause GC 3.13.04, Negotiations, or the mediation stage noted in Gause GC 3.13.05, Mediation, either party may invoke the provisions of subsection GC 3.14, Arbitration, by giving written notice to the other party. ~~ r 1 t Page 21 Rev. Date: 11/2006 OPSS.MUNI 100 II _ ~I 02 tdo[ification that arbitration #~hall be implemented. to resolve the issue shall be communicated in writing as soon as possible and no later than 60 Days folowing the opinion given in paragraph GC 3.13.03.05. Where the use of a third party mediator was implemented, notification shall be within 120 Days of the opinion given in paragraph GC 3.13.03.05. 03 The parties shalt be bound bar the decision of the arbitrator. 04 The rules and procedures o~ the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted h~reunder except to the extent that they are modified by the express provisions of subsection GC .14, Arbitration. GC 3.14.02 Arbitration Procedure .^ .01 The following provisions are 4o be included in the agreement to arbitrate and are subject only to such right of appeal as exist where the arbitrator has exceeded his or her jurisdiction or have otherwise disqualified him or herself: a) All existing actions in respect of the matters. under arbitration shall be stayed pending arbitration; b} Ali outstanding claims avid 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 tine arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule. GC 3.14.03 Appointrt~llent of Arbitrator .01 The arbitrator shall be mutua~ly 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 paragr ph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of a notice of arbitration. .03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chos or they shall refer the matter to the Arbitration and Mediation institute of Ontario Inc., which may Select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so. .04 The arbitrator shah not be i terested financially in the Contract nor in either party's business and shall not be empbyed by either party. .05 The arbitrator may appoint inrf lependent experts and any other persons to assist him or her. .O6 The arbitrator is not bound ti~ the rules of evidence that govern the trial of cases irl court but may hear and consider any evide ce That the arbitrator considers relevant .07 The hearing shall commence ~Iwithin 90 Days of the appointment of the arbitrator. GC 3.14.04 Costs I! .Ot The arbitrator's fee shall be e~ualiy shared by the Owner and the Contractor. .02 The fees of any independent) experts and any other persons appointed to assist the arbitrator shall be shared equaNy by The rand the Contractor. ~', .Page 22 Rev. Date: 1112006 OPSS.MUNI 100 .03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.14.05 The Decision 01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties: Payment shall be made in accordance with clause GC 3.13.06, Payment. GC 3.15 Archaeological Finds .01 If the Contractor's operations expose any items that may indicate an archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with subsection GC 7.10, Suspension of Work. .02 Any delay in the completion of the ContraU that is caused by such a suspension of Work shall be considered to be beyond the Contractors control in accorclance with paragraph GC 3.07.01. .03 Any work directed or authorized in connection with an archaeoogical find shall be considered as Extra Work in accordance with clause GC 3.10.02, Extra Work. 04 The Contractor shall take all reasonable action to rrtinimize additional costs that may accrue as a result of any work stoppage. Page 23 Rev. Date: 112006 OPSS.MUNI 100 GC 4.01 SECTION GC'~1.0 -OWNER'S RESPONSIBILITIES AND RIIiNTS Working .01 The Owner shall acquire property rights that are deemed necessary by the Owner for the construction of the Work, in uding temporary working easements, and shall indicate the full extent of the Working Area on the tract Drawings. .02 The Geotechnical Report an~1 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 Approve .Ot The Owner shall pay for all .02 The Owner shall obtain ar design of the Work. GC 4.03 Manage .01 The Owner shalt identify in from the Working Area and management and dispositio .02 In accordance with regulaU as amended, the Owner ads a) the designated substa Working Area occurring b) the designated for Utilities; and Permits and building permits. pay for all permits, licences, and certificates solely required for the and Disposition of Materials Contract Documents the materials to be moved within or removed characteristics of those materials that necessitates special materials under the Occupational Health and Sa/ety Act, R.S.O. 1990, c.0.1, > that, silica, lead, and arsenic are generally present throughout the ally or as a resuR of vehicle emissions; asbestos may be present in cement products, asphalt, and conduits c} the following hazardous' materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, acrd Portland cement; and d) exposure [o these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crus ing, drt0ing, Wasting, cutting, and abrasive blasting. .03 The Owner shall identity in~ the Contract Documents any designated substances or hazardous matedals other than those id ntified above and their location in the Working Area. .04 If the Owner or Contractor Iscovers or is advised of the presence of designated substances or hazardous materials that ar in additiar to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Doc' menu according to paragraph GC 4.03.03, then verbal notice sha0 be provided to the other party i ediately with written confirmation within 2 Days. The Contractor shall stop work in the area immedi tely and shall determine the necessary steps required to complete the work in accordance with apps ble legislation and regulation. .OS The Owner shall be respon We for any reasonable additional costs of removing, managing and disposing of any material no identified in the Contract Documents, or where corxlitions exist that could not have been reasonably foreseen at the Ume of tendering. All work under this paragraph shall be deemed to be Extra VNork. Page 24 Rev. Dale: 11!2006 OPSS.MUN1100 .O6 Prior to commencement of tits Work, the Owner shah provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner may supply or use on the Contract, together with copies of Ote Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets. GC 4.04 Construction Affecting Railway Property .01 The Owner shall pay the costs of all Gagging 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 vianity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and Equipment, as well as raiMray property throughout the duration ~ the Contract. GC 4.05 Defauk by the Contractor .01 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work properly or otherwise fails to comply vrith the requirements of the Contract and. if the Contract Administrator has given a written statement to the Owner and Contractor that sufriaent 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 [he Contractor's contractual obkgations and instruct the Contractor to cortect the default in the 5 Working Days immediately following the receipt of such notice. .02 if the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or 'd a receiver is appointed because of the Contractor s insolvency, the Owner may, without prejudice to any other rightor remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy police in writing, terminate the Contract. GC 4.06 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 full Working Days folowing the receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate cortective measures have been taken. .02 If the cortection of the defauk cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such cortection; and c) completes the correction rct accordance with such schedule. Page 25 Rev. Dale: 1112006 OPSS.MUNI 100 GC 4.07 Owner's;Right to Correct Default .01 If the Contractor fails to ~rcect the default within the time specified in subsection GC 4.06, Contractor's Right to Correc a Default, or subsequently agreed upon, the Owner, without prejudice to any other right or remed~the Owner may have, may correct such default and deduct the cost thereof, as certified by the ntracl Administrator, from any payment then or thereafter due to the Contractor. GC 4.08 Terminatfion of Contractor's Right to Continue the Work .01 Where the Contractor fails ~o correct a default within [he time specified in subsection GC 4.06, Contractor's Right to Corcec a Default, or subsequently agreed upon, the Owner, without prejudice to any other right w remedy"~Ithe Owner may have, may terminate the Contractor's right to continue the Work in whole or in part py giving written notice to the Contractor. .02 If the Owner terminates the Contractors right to continue with the Work in whole or in part, the Owner shah be entitled to, a) take possession of [he Working Area or that portion of the Working Area devoted to that part of the Work terminated; ', b) use the Equipment of thq Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the while 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 Cont~`actor until the Work or portion thereof withdrawn is completed; d) charge the Contractor tote 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 compensationi paid to the Contract administrator for such additional service arising from the correction of thq default; e) charge the Contractor a,jreasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under subsection GC 7.16, Warranty; ', f) charge the Contractor far any damages the Owner sustained as a result of the default; and g) charge the Contractor amount by which the cost of corcections to the Work under subsection GC 7.16, Warranty, exceds the albwance provided for such corrections. GC 4.09 Final Pathment to Contractor .01 If the Owner's cost to corce¢t and complete the Work in whole or in part is less than the amount withheld from the Contractppp~~~ under subsection GC 4.08, Termination of Contractors Right to Continue the Work, the l7~ner shall pay the balance to the Contractor as soon as the final accounting for the Contract i complete. GC 4.10 Terminat)on of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right or remedy the Owner mpy have, terminate the Contract by giving written notice of termination to the Contractor, the Surety, a d any trustee or receiver acting on behalf of the Contractors estate or creditors. I II Page 26 Rev. Date: 11/2D06 OPSS.MUNt 1U0 .02 If the Owner elects to terminate the Contract, the Owner may provide the Contractor and the trustee or receiver with a complete accounting to the date of termination. GC 4.11 Continuation of Contractor's Obligations .Ot The Contractor's obligation under the Contract as to quality, correction, and warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such (ermination. GC 4.12 Use of Performance Bond .01 If the Contractor is in default of the Contrail and the Contractor has provided a Performance Bond, the provisions of Section GC 4.0, Owners 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 those adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. Page 27 Rev. Date: 1112006 OPSS.MUNI 100 SECTION GC 5.0 -MATERIAL GC 5.01 Supply 4~f Material .Ot All Material necessary for tta~ proper completion of Me Work, except that listed as being supplied by the Owner, shall be supplie by the Contractor. The Contract price for the appropriate tender items shall be deemed to include f~ll compensation for the supply of such Material. GC 5.02 Quality a~f Material .01 Alt Material supplied by they Contractor shall be new, unless otherwise specified in the Contract Documents. I .02 Material supplied by the Contactor shall conform to the requirements of the Contract. .03 As specified in the Contact Documents or as requested by the Contract Administrator, the Contractor shah make availaple, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain Ppr the Contract Administrator the right to enter onto the premises of the Material manufacturer or su~plier to carry out such inspection, sampling, and testing as specified in the Contract Documents or s requested by the Contract Administrator 05 The Contractor shall notify Contract Administrator of the sources of supply sutficiently in advance of the Material shipping d tes to enable the Contract Administrator to perform the required inspection, sampling, and to ling. .06 The Owner shall not be r$sponsible for any delays to the Contractor's operations where the Contractor fails to give suffi ent advance notice to the Contract Administrator to enable the Contract Administrator to carry out'he required inspection, sampling, and testing before the scheduled shipping date. ' .07 The Contractor shall not change the source of supply of any Material without the written authorization of the ContactiAdministrator. .08 Material that is not specified shall be of a quality best suited to Ote purpose required, and the use of such Material shall be subj to the approval of the Contract Administrator. .09 Ail Material inspection, sa mg, and testing shall be carried out on random basis in accordance with the standard inspection testing methods required for the Material. Any approval given by the Contrail Administrator for ttttttttthhh~~~1~~~~,,M~aterials to be used in the Work based upon the random method shall not relieve the Contractor 'l~'• the responsibility of incorporating Material that confomu to the Contract Documents into ttr$ Work or properly performing the Contract and of any liability arising from the failure to properly dorm as specified in the Contract Documents. GC 5.03 .O1 Rejected Material shall be re effect from the Contract Adi Contract Administrate may disposed of, in what the Cc the Contractor shall pay the Material :d from the Working Area expeditiously after the notification to that razor. Where the Contractor fails to comply with such notice, the the rejected Material to be removed from the Working Area and Administrator considers to be the most appropriate manner, and of disposal and the.appropriate overhead charges. Page 28 Rev. Date: 112006 OPSS.MIIN1 100 GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade or other name, the Tender shall be based only upon. supply of the Material so designated, that shall be regarded as the standard of quality required by the Contract Documents. After the acceptance of the Tender, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute Material designated as aforesaid, and such other information as the Contract Administrator may require. .02 Rulings on a proposed substitution shall not be made prior to the acceptance of the Tender. Substitutions shall not be made without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution shall be at the discretion of the Contract Administrator. .03 If Ore proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50°k of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing a- by issuance of a Certificate of Equality on the Owner's standard form of "Certification of Equality" and, if any adjustment to the Contract price is made by reason of such substitution, a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide adequate and proper storage faalities 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 Wait. .02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it sha0 remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Adminislrator. .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 arxl the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 29 Rev. Dale: 112006 OPSS.MUNI 100 04 The full amount of Material Contractor and such Mater Material shall not, except wi Contractor for purposes othe .OS Empty reels, crates, contain shalt become the property purpose and shalt be dispr Documents. applied by the Owner in each shipment shall be accounted for by the fl shall be at the risk of the Contractor after taking delivery. Such h the written permission of the Contract Administrator, be used by the than the performance of the Work under the Contract and other type of packaging from Material supplied by the Owner the Contractor when they are no longer required for their original i of by the Contractor, unless otherwise specified in the Contract D6 Immediately upon receipt of leach shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, or (such other documentation the Contrail Administrator may require to substantiate and reconcile th¢ quantities of Material received. .07 Where Material supplied by the Contractor shah, at no e~ check the Material, report an of the Material at the stock Contractor, it shall be asst Contractor took charge of it, by the Contractor at no extra j ~~ to Owner is ordered and stockpiled prior to the award of the Contract, ra cost to the Owner, immediately upon commencement of operations, damage or deficencies to the Contract Administrator and take charge ile site. Where damage or deficiencies are rrot so recorded by the ned that the stockpile was in good condition and order when the nil any damage or deficiencies reported thereafter shall t7e made good x7st to the Owner. Rev. Date: 71!2006 OPSS.MUFJI 100 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, inducting Subwntractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for a0 bsses 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 Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered aceording to these General Conditions. .03 The Contractor shall immediately inforrn fhe Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of occurrence of 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 dvil commoGons; c} errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their agents and employees, or others not under the control of the Contractor, but within tl1e Working Area with the Owner's permission. .O5 The Contractor and the Contractors Surety shall not be released from any tenn 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 offidals, agents, officers, and empbyees from and against all daims, demands, losses, expenses, costs, damages, actions, suits, or proceedings by third parties, hereinafter called "daims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work, provided such claims are, a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible ProPerh~: b) caused by negligent acts or omissions of the Contrac~r or anyone for whose acts the Contractor maybe 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 certifigfion of Final Acceptance. Page 31 Rev. Date: 112006 OPSS.MUNI 100 .02 .The Contractor shall indemnify and hdd harmless the Owner from all and every daim for damages, royalties w fees for the int'ngement of any patented invention or copyright occasioned by the Contractor in connection wit1~ the Work performed or Material famished by the Contractor under the Contract 03 The Owner expressly waive the right to iMemnity for claims other than those stated in paragraphs GC 6.02.01 and GC 6.02.02. 04 The Owner shall indemnify a~hd hold harmless the Contractor, their elected officials, agents, officers, and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, w proceedings arising: put of the Contractors performance of the Contract that are attributable to a lads of or defect in title o an alleged lack of or defect in title to the Working Area. 05 The Contractor expressly J~raives the right to indemnity for claims other than those stated in paragraph GC 6.02.04. GC 6 03 C t t C I . rac on ~ s nsurance ya GC 6.03.01 General ', _ Ot Without .restricting the ge~lity of subsection GC 6.02, Indemnification, the Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.D2 and GC 6.03.03. Insurance coverage in clauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in th~ Contract Documents. .02 The Contractor shall provid the Contrad Administrator with an original Certificate of Insurance for each type of insurance cove~'age that is required by the Contract Documents. The Contractor shall ensure that the Contract Adr~rinistrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specked in the Confrad Documents. The Contractor will not be permuted to commence work until the Contract Administrator is in receipt of such proof of insurance. T Contract Administrator may withhold payments of monies due to the Contractor until the ContractQ~r has provided the Contract Administrator with original valid Certificates of Insurance as required by the provisions of the Contract Documents. GC 6.03.02 General ~.iability Insurance .Ot General liability insurance stfall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, with limits of not less than five million dollars inclusive per ocaurence for bodity injtpry, death, and damage to property indud'atg loss of use thereof, with a properly damage deductible', of not more than $5,000. The form of this krsurance shall be the ,~ Insurance Bureau of Canadal Form IBC 2100. ! .02 Another form of insurance ~~~ggqual to or better than that required in IBC Form 2100 may be used, provided all the requiremen>fisted in the Contract are included. Approval of this insurance shall be conditional upon the Contra w obtaining the services of an insurer licensed to underwrite insurance in the Province of Ontario nd obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contractor shall main min force such policies of insurance specified by the Contract Documents at aN times from~he commencement of the Work until the end of any Warranty Period w as otherwise required by the Contract Documents. 04 The Contractor shall submit ~nnually to the Owner, proof of continuation of the completed operations coverage and, if the Contrac r fails to do so, the limitation period for claiming indemnity described in paragraph GC 6.02.01 c), sh~ll not be binding on the Owner. Page 32 ~_ Rev. Darer 1112006 OPSS.MUN1100 .05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for blasting, pile driving or caisson work, removal or weakening of support of property building or land, IBC Form 2100 as required shall include the appropriate endorsements. 06 The pdides shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change or amendment restricting coverage. 07 "Claims Made" insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurance .01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than five million dolars 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 induding standard contractual liabtlity endorsement, and b) standard owners form automobile policy providing third party liabiliiy and accident benefits insurance and covering licensed vehicles owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability Insurance GC 6.03.04.04 Aircraft Liability Insurance .Ot Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in the pedortnance of the Work, including use of additional premises, shah be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than five million dollars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of pncellation, change, or amendment restricting coverage. 6.03.04.02 Watercraft Liability Insurance .01 Watercraft liability insurance with respect to owned or non-owned watercraft used directly or indirectly in the performance of the Work, induding use of additional premises, shah be subject to limits of not less than five million dollars irrcl~ive per occurrence for bodily injury, death, and damage to property induding loss of use thereof. Such insurance shah be in a form acceptable to the Owner. The pdicies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. GC 6.03.05 Property and Boiler Insurance GC 6.03.05.01 Property Insurance .Ot All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount of the Contract price and the full value, as may be stated in the Contract Documents, of Material that is spedfied to be provided by the Owner for incorporation into the Work, with a deductible not exceeding 1% of the amount insured at the site of the Work. This insurance shall be in a forth acceptable to the Owner and shah be maintained continuously untN 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate. Page 33 Rev. Date: 1112006 OPSS.MUNI t00 GC 6.03.05.02 Boiler .01 Boiler insurance insuring fhb interests of the Contractor, the Owner and the Contract Administrator for not less than the replacement value of balers and pressure vessels forming part of the Work, shall be in a form acceptabl}' to the Owner. This insurance shall be maintained continuously from commencement of use or gperation of the property insured until 10 Days after the date of Final Acceptance of the Work, as $et out in [he Final Acceptance Certificate. GC 6.03.05.03 Use andIlDccupancy of the Work Prior to Completion 01 Should the Owner wish to use or occupy part or all of the Work prior to Substan5al Performance, the Owner sha[I give 30 Days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to s ch use or occupancy, the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owners expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon yvritten notice from the Contractor and prior to such use or occupancy shall provide, maintain, and~a y for property and boiler insurance insuring the full value of the Work, inekiding coverage for such lure or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of ceverage. .02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor ~ their respective interests may appear. The Contractor shall act on behalf of both the Owner anal the Contractor for the purpose of adjusting the amount of such foss or damage payment with the i surers. When the extent of the loss or damage is determined, the Contractor shall proceed toj 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 Co~tract Time relative to the extent of the loss or damage as the Contract Administrator may decide in onsultation with the Contractor. GC 6.03.05.04 Paymentfor Loss or Damage .01 The Contractor shall be entied to receive firm the Owner, in addition to the amount due under the Contract, the amount at wh' the Owners interest in restoration of the Work has been appraised, such anwunt to be paid a the restoration of the Work proceeds, and in accordance with the requirements of Section GC18.0, Measurement and Payment. In addition, the Contractor shall be entitled to receive from the poymenfs made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be resf}onsible for deductible amounts under the poicies, except where such amounts may be excluded from the Contactors responsibility by the terms of this Contract. .03 In Ute event of a loss or da~age to ttte Wark arising from the action or omission of the Owner or others, the Owner shall pay the Contracts the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and Payment i III Paga 34 i Rev. Date: 1t12006 OPSS.MUNtt00 GC 6.03.06 Contractor's Equipment Insurance .Ot All risks ConVactor's equipment insurence covering construction machinery and equipment used by the Contractor for the performance of the Work, inGuding boiler insurance on temporary boilers and pressure vessels, shall be in a forth acceptable to the Owner and shall not allow subrogation claims by the insurer against [he Owner. The policies shall be endorsed to provide 01e 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 [his 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 speafied otherwise, the duration of each insurance pdicy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Cert~cate. .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 tl1e Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, prompfiy 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 inGude a signature by an officer of the Contractor and, in addition, a signature by an officer of the insurer or the underwriter or the broker. .04 Where a policy is renewed, the Contractor shall provide the Owner, on a forth acceptable to the Owner, renewed proof of insurance immediately fdlowing completion of renewal .OS Unless specified otherwise, the Contractor shag be responsible for the payment of deductible amounts under the policies. .06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, Contractor's Insurance, or elsewhere in the Contract Dowments, 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 Awner on demand. .07 If the Contractor tails to pay the cost of the insuraru:e placed by the Owner within 30 Days of the date on-which the Owner made a fortnai demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor. GC 6.04 Bonding .01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender documents. .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be to the satisfaction of the Owrler. The bonds shall be maintained in good standing until the fulfilmenE of the Contract. Page 35 Rev. Dale: 1112006 OPSS.MUNI 100 GC 6.05 Workpla< .01 The Contrector shalt provid indicating the Contractor's follows: a) Immediately prior to the b) Prior to issue of the Cerl c) Prior to expiration of the d) At any other time when i Page 36 Safety and Insurance Board the Contract Administrator with a copy of a Certificate of Clearance wd standing with the Workplace Safety and Insurance Board, as ic[ Administrator authorizing the Contractor to commence Work. of Substantial Performance. my Period. ted by the Contract Administrator Rev. Date: 11!2006 OPSS.MUNI 100 SECTION GC 7.0 -CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General .01 The Contractor warcants 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 defiver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The Contractor shall have complete control of the Worts and shall effectively direct and supervise the Work so as to ensure conformity with the ContraG Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. .OS The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of temporary structures and other temporary facilities and the design and execution of consWction methods required in their use. .06 Notwithstanding paragraph GC 7.01.05, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of conswction in whole or part, such fadlities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified metllod of construction in the same manner that the Contractor is responsible for the execution of the Work. .07 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational HeaRh and Safety Act, R.S.O. 1990, c.O.1, as amended, (the "ACC') and Ontario Regulation 213191, as amended, (that regulates Constnlction Projects) arld any other regulations as amended under the Act (the "Regulations") that may affect the performance of the Work, as the "Constructor" or "employer," as defined by the Act, as the case may be. The Contractor shall ensure that: a) worker safety is given first pdodty in planning, pricing, and performing the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constnctor" and "employer" as defined by the Act and the provisions of the Regulations applicab~ to the Work, and a personal commitment to comply with them; c) a copy of the most curcent version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; d) workers employed to cony out tl1e Work possess the knowledge, skills, and protective devices required by law or recommended for use by a recognized industry association to allow them fo work in safety; e) its supervisory empbyees tarty out their duties in a diligent and responsible manner with due corlsideration for the health and safety of the workers; and Page 37 Rev. Date: 11f2006 OPSS.MUNI 100 f} all Subcontractors and Work Area. .OS The Contractor, when re and program at the pre confirtnafion that. its me Regulations. The Contr. appointed to enforce the the performance of the ' any additional expense Contractor's failure to cot workers are properly protected from injury while they are at the >ted, shall provide the Owner with a copy of its health and safety policy t meeting and shall respond promptly to requests from the Owner for s and procedures for carrying out the Work comply with. the Act and r shall cooperate with representatives of the Owner and the inspectors and the Regulations in any investigations of worker health and safety in c. The Contractor shall indemnify and save the Owner harmless from the Owner may incur to have the Work performed as a result of the with the requirements of the Act and the Regulations. .09 Prior to commencement of tibe Work, the Contractor shall provide to the Contract Administrator a list of those products controlle under the Workplace Hazardous Materials Information System or WHMIS, which the Contract 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 b~ used and provide relevant Material Safety Data Sheets. 10 The Contractor shall have I 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 shall notify the Contract Administrator of the names; addresses; positions; and cell phone, p ger, and telephone numbers of the Contractor's representatives who can be contacted at any timq~to deal with matters relating to the Contrail, and update as necessary. 11 The Contractor shall desigr The designated person shat and experience to perform I knowledge of all potential a conslructiat, the Contracts cell phone, pager, and telep designated person may hau be present in [he Working A 12 The Contractor shall, at no assistance required by the Work w the taking of measu 13 The Contractor shall preps indicating the proposed met proposes to complete the ve The schedule shall be sutx .award. If the Contractors SI updated construction schec request This updated sche the Work, so as to complete de a person to be responsible for traffic control and work zone safety. be a competent worker who is qualified because of knowledge, training, e duties; is familiar with Book 7 of the Ontario Traffic Manual; and has actual danger to workers and motorists. Prior to the wmmencement of shall notify the Contract Administrator of the name: address; position; one numbers of the designated person, and update as necessary. The other responsibilities, including other consWcfion sites, and need not :a at all times. al cost to the Owner, furnish all reasonable aid, facilities, and Administrator for the proper inspection and examination of the for the purpose of payment and update, as required, a construction schedule of operations, s of t:orutrucfion and sequence of work and the time the Contractor is items of work within the time specified in the Contract Documents. :d to the Contract Administrator within 14 Days from the Contract lute is materialy affected by changes, the Contractor shall submit an if requested by the Contract Administrator, within 7 Days of the shah show how the Contractor proposes to perform the balance of Work within the time specified in the Contract Documents. 14 Where the Contractor findsi any error, inconsistency, or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving direction from the Contract Administrator. :15 The Contractor shall promptl~r notify the Contract Administrator in writing if the subsurface conditions observed in the Working Ares differ materially from those indicated in the Contract Documents. Page 38 Rev. Date: 1112006 OPSS.MUNI 100 16 The Contractor shall arrange with the appropriate. Utility authorities for the stake out of all underground Utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs prior to commencing the Wor1c 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 uhderground Utilities and service connections by the Contractor's forces during constiLCtion if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). GC 7.02 Layout .01 Prior [o commencement of construction, the Contract Administrator and the Contractor shall locate on site those properly bars, baselines, and benchmarks that are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings. .02 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged, or removed by the Contractor's operations shall be replaced undue tire supervision of an Ontario land Surveyor, at the Contractor's expense. .03 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work. 04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator. .05 The Contractor shall instatl and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .06 The Contractor shall assume full responsibility for alignment, elevations, and dimensions of each and aII parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator. .07 All stakes, marks, and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shall be replaced at the Contractor's expense. .08 Bendunarks 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 Contractors sheds, site offices, toilets, other temporary strictures, and storage areas for Material and Equipment shall be grouped in a compact. manner and maintained in a neat and orderly condition at aN lanes. .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor regrare more space than that shown on the Contract Drawings, the Contractor shall obtain such space at no additional cost to the Owner. Page 39 Rev. Date: 112006 OPSS.MUNI 100 .03 The Contractor shall not enter upon w occupy any private property for any purpose, unless the Contractor has received prim written permission from the properly owner. GC 7.04 Damage) by Vehicles or Other Equipment .01 If at any time, in the opinio~ of the Contract Administrator, damage is being done or is likely to be done to any Roadway or a y improvement thereon, outside the Working Area, by the Contracto!'s vehiGes or other Equipment whether licensed or unlicensed Equipment, the Contractor shall, on the direction of the ContraG F~dministratw, and at no extra cost to the Owner, make changes w substitutions far such vehi es w Equipment, and shall alter loadings, w in some other manner, remove the cause of such d mage to the satisfaction of the Contract Administrator. GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole w in part; upon a Highway; and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehice to be loaded bleyond the legal limit specified in fhe Highway Traffic Ad, R.S.O. 1990, c.H.B, as amended, whethe} such vehicle is registered in the name of Ote Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear th$ onus of weighing disputed loads. GC 7.06 Conditiortt 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 nui$ance, mud, and ponding water, other than that caused by the Owner or others. GC 7.07 MaintainHng Roads and Detours .01 Unless otherwise specified'I in the Contract Documents, if an existing Roadway is affected by consWCtion, it shall be kept ppen to both vehicular and pedestrian traffic. .02 Subject to the approval of a Contract Administrator, the Contractor shall, at no additional cost to the Owner, be responsible f r providing and maintaining for the duration of the Work an alternative route far both pedestrian an vehicular traffic through the Working Area irr accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construcfiwt.l .03 SubjecE to the approval of ~Ithe 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 cbsures shall be kept ttp a minimum. .04 The Contractor shall not equired to maintain a road through the Waiting Area until such time as the Contractor has comme ced operations w during seasonal shut down w on any part of the Contract that has been a fed in accordance with these General Conditions. The Contractor stroll not be required to apply de-riling chemicals or abrasives w carry out snowplowing. .OS Where localized and separa ed sections of the Highway are affected by Ote Contractor's operations, the Contr~tor shall not be quired to maintain intervening sections of Ote Highway until such times as these sections are local d within the limits of the Highway affected by the Contractor's general operations under the Contra t. .06 Where the Contract Docu nts provide for w the Contract Administrator requires detours at specific locations, payment for the c struction of the detours and, 'd required, for the subsequent removal of the detours, shall be made a the Contract prices appropriate to such work. Page 40 Rev. Date: 1112006 OPSS.MUN! 100 .07 Compensation for all labour, Equipment, and Materials to do this Work shall be at the Contract prices appropriate to the Work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .08 Where work under [he Contracf is discontinued for any extended period, including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and pace the Roadway and detours in a passable, safe, and satisfactory condition for public travel. .09 Where the Contractor constructs a detour that is not spedfically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's expense. The detour shall be constructed and. maintained to structural and geometric standards approved by the Contract Administrator. Removal and site. restoration shall be performed as directed by the Contract Administrator. 10 Where, with the prior written approval of the Contract Administrator, the Highway is closed and the traffic diverted enfirey off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. 11 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under subsection GC 6.01, Protection of Work, Persons, and Property, dealing with the Contractors responsibility for damage claims, except for claims arising on sections of Highway within the Working Area that are being maintained by others. GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .01 The Contractor shall provide at all tunes and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves, and all other Utilities located in the Working Area. .03 Where any interuptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with subsection GC 7.12, Notices by the Contractor, and shag arrange such interruptions so as to create a minimum of interference to those affected. GC 7.09 Approvals and Permits .01 Except as spedfied in subsection GC 4.02, Approval arW Permits, the Contractor shall obtain and pay for arty 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 speafied in paragraph GC 7.09.01. Page 41 Rev. Date: 71!2006 OPSS.MUNI 100 GC 7.10 of Work . .Ot The Contractor shall, upon ntten notice from the Contract AdminisVator, discontinue or delay any or all of the Work and work all not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstan s, shalt be administered according to subsection GC 3.07, Delays. GC 7.11 Corrtract~r's Right to Stop the Work or Terminate the Contract 01 If the Owner is adjudged Ilgankrupt or makes a general assignment for the benefit of creditors because of insdvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankru tcy written notlce, terminate the Contract. .02 If the Work is stopped w o~erwise delayed for a period of 30 Days or more under an order of a court or other public authori~ and provided that such order was not issued as the result of an act or fault of the Contractor or of nyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to arr~ other right or remedy the Contractor may have, by giving the Owner written notice, terminate the ¢onVact. .03 The ConVador may notify trye Owner in writing, with a copy to the Contract Administrator, [hat the Owner is in default of contra ual obligations if, a) the Contract Adminis[rator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement ar~d Payment; b) the Owner fails to pay~e Contractor, within 30 Days of the due dates identified in clause GC.8.02.03, Certificafio and Payment, the amounts certified by the ConVact 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 notitre to the Owrter shall advise that if the default is not corrected in the 7 Days immediately following r~:ceipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Cor~Vactor may have, stop [he Work or temdnate the Contract. .OS If the Contractor terminates~~~hhha Contract under the conditions set out in subsection GC 7.11, the Contractor shall be entitledbe paid for all work performed according to the Contract. Documents and for any losses or dam as the Contractor may sustain as a result of the termination of the Contract. GC 7.12 Notices dv the Contractor .01 Before work is carried out tM~at may affect the property or operations of any Ministry or agency of government or any person; pany; partnership; or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencemenC of specfied operations as are {prescribed elsewhere in the Contract Daxirrtents, the Contractor shall give at least 48 hours adva written notice of the date of commencement of such work to the person, company, partnershit~corporation, board, or commission so affected. .02 In the case of damage to or ihterference with any Uttlitles, pole lines, pipe Unes, conduits, farm tiles, or other public or privately ~wned waits or property, the Contractor shatl immediately notify the Owner, Contract Administra ,and the owner of The works of the locafion and details of such damage or interterence. Page 42 Rev. Dale: i112D06 OPSS.MUNI 100 GC 7.13 Obstructions .01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Waking 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 Utlities, to exercise the necessary care in constnction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage. GC 7.14 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the Work in a sate and satisfactory condition, the Contractor shall not tarty out operations under the Contract on Saturdays, Sundays, and Statutory Holidays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have readied 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 .Ot 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 shaA correct promptly, at no additional r;ost to the Owner, defects or deficiendes in the Work that appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in the Certificate of Substantial Performance of the Wodt, Page 43 Rev. Date: 11!2006 OPSS.MUNI 100 b) where the work is cor Completion of the Work, c) where there is no CertiPo of the Work as set out in d) such longer periods as some of the Work. The Contract Administrator deficienaes. .03 The Contractor shall core requirements of paragraph C GC 7.17 Contract .Ot The Contractor shall only whenever the Contract Admi involved in the Work are, it such worker or workers sh: again without the consent in GC 7.18 Drainage 01 During construction and until to keep all portions of the W of the existing drainage cone Faye as after the date of Substantial Performance, 12 months after of Substantial Performance, 12 months from the date of Completion Completion Certificate, or r be specified in the Contract Documents for certain Materials or promptly give the Contractor written notice of observed defects or t or pay for damage resulting from corcections made under the :7.16.02. is Workers nploy ordedy, competent, and skillful workers to do the Work and istrator shall inform the Contractor in writing that any wodceY or workers the opinion of the Contract Administrator, incompetent, or disorderly be removed from the work and shall not be employed on the work 7•iting of the Contract Administrator. the Work is completed, the Contractor shall make all reasonable efforts Irk property and efficiently drained, to at least file same degree as that Rev. Date: 1112006 OPSS.MUNI 100 SECTION GC 8.0 -MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Quantities .Ot The Contract Administrator shall make an Estimate once a month, in writing, of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 Days of the Cut-Off Dale. 02 Such quantities for progress payments shall be construed and held to approximate. The final quantities for the issuance of the Completion Payment Certificate shall be based on the measurement of Work completed. .03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract. Adjustments to Plan Quantity measurements shalt normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column shall be paid according to the Plan Quantii. 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 i[ appears that the quantity of Work to be done or Material to be suppNed or both by the Contractor under a unit price tender item may exceed or be Tess than the [ender quantity, the Contractor shall proceed to do the Work or supply the Material or both required to complete the tender item and payment shall be made for the actual amount of Work done or Material supplied or both at the unit prices stated in the Tender except as provided below: a) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make a written request to the other party to negotiate a revised unit price for that portion of the Work performed or Material supplied or both which exceeds 115% of the tender quantity. The negotiation shall be cartied 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 alktwance for profit and applicable overhead. b) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate for the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of t5% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100°k of the tender quantity for the item. Overhead costs shall be confirned by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an alk>,xance equal to 10% of [he unit price on the amount of the underrun in excess of 15% of the tender quantity shall be paid. Written requests for compensation must be received no later than 60 Days after the issuance of the Completion Payment Certificate. Page 45 Rev. Date: 11!2006 OPSS.MUNI 100 i ~~I .. . GC 8.02 Payment GC 8.02.01 Price fob Work .Ot Prices for the Work shall be full compensation for aA labour, Equipment and Material required in its performance. The term "all Labour, Equipment, and Material" shall include Hand Tools, supplies, and other incidentals. .02 Payment for work not sped~catly detailed as part of any one item and without specified details of payment shall be deemed toll be included in the items with which it is associated. GC 8.02.02 Advance Payments for Material .Ot The Owner shall make adv~nce payments for Material intended for incorporation in the Work upon the written request of the Co~ttrac[or and according to the fdlowing terms and conditions: ', ~ a} The Contractor shalt delver the Material to a site approved by the Contract Administrator and the Contractor shall, in ~dvance of receipt of the shipment of the Material, arrange for adequate and proper storage fadli ies. b) The value of aggregates, processed and stockpiled, shall be assessed by the folbwing procedure: i. Sources Other Than Commerdal (1) Granular A, B,'~I, BII, BIII, M, and O shall be assessed at the rate of 60% of the Contract price. i, (2) Coarse and fin 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. Commerdal Source Payment for separ ed coarse and fine aggregates shall be considered at the above rate when such materia are stockpiled at a commercial source where further processing is to be carried out befo incorporating such materials into a final product. Advance payments for other materials led ai a commercial source shall not be made. . c) Payment for all other materials, unless otherwise spedfied elsewhere in the Contract Documents, shall be ba on the invoice price, and the Contractor shatl submit proof of cost to the Contract Administrati~x 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 ite to cover the value of the material. Such payment shall not exceed 80°h of the Contract pric~for the item. e) All Materials for which Contractor wishes to receive advance payment shall be placed in the desgnated storage loco' n immediately upon receipt of the material and shall thenceforth be held by the Contractor i trust for the Owner as collateral security for any monies advanced by the Owner and for the a completion of the Work. The Contractor shall not exerdse any act of ownership inconsistent 'th such security, or remove any Material from the storage locations, except for indusion in t Work, without the consent, in writing, of the Contract Administrator. f) Such materials shall ro mat the risk of the Contractor who shall be responsible for any loss, damage, then, improper~se, ordestrodion of the material however caused. 1 :02 Where the Owner makes alldl vance payments subject to the conditions listed in paragraph GC 8.02.02.07, such payment II not constitute acceptance of the Material by the Owner Acceptance shall only be determined wheh the material meets the requirements of the appropriate spedfication. PaOe ~ '~ Rev. Date: 71!2006 OPSS.MUNI 100 GC 8.02.03 Certification and Payment GC 8.02.03.01 Progress Payment Certificate .01 The value of the Work performed and Material supplied shall be calculated once a month by the Contract Administrator in accordance with the Contract Documents and dause GC 8.01.01, Quantities. .02 The progress Payment Certificate shall show, a) The quantities of Work performed; b) the value of Work performed; c) any advanced payment for Material; d) the amount of statutory holdback, liens, Owners set-off; e) the amount of GST, as applicable: and f) the amount due to the Contractor. .03 One copy of the progress Payment Certificate shall be sent to the Contractor. .04 Payment shall be made within 30 Days oT the Cut-Off Date. GC 8.02.03.02 Certification of Subcontract Completion .Ot Before the Work has reached the stage of Substantial Performance, the Contractor may notify the COntrac Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontract. .02 The Contract Administrator shall issue a Certificate of Subcontract Completion, if the subcontract has been completed satisfactorily, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory. .03 The Contract Administrator shall set out in the Certificate of Subcontrac Completion the date on which the subcontract was completed and, within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned. GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .O7 Following receipt of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 48 Days after the date the subcontract was certified complete and providing the Contractor submits the fdlowing to the Contract Administrator: a) a document satisfactory to the Contract Administrator that shall release the Owner from all further daims relating to the subcontract, quaNfied by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged aU liabiities incurred in cenying out the subcontract; gaga q7 Rev. Date: 112006 OPSS.MUNI 100 c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and d} a copy of the contract) between the Contractor and the Subcontractor and a satisfactory statement showing the t al amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the Contract Administrator specit~cally requests it. .03 Upon receipt of the statuto holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract 04 Release of statutory holdback by [he Owner in respect of a subcontract shall not relieve the Contractor, or the Contract s Surety, of any of their responsibilities. GC 8.02.03.04 Cartifica(a'ion of Substantial Performance .01 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has been substan ally performed, the Contract AdminisUator shall issue a Certificate of Substantial Performance. .02 Upon verifying that the Cony`act has been substantially performed, the Contract Administrator shall issue a certificate of Subs ntial Performance and shall set out in the Certificate of Substantial Performance the date on w ich the Contract was substantially performed and, within 7 Days after signing the said certificate, thb Contract Administrator shall provide a copy to the Contractor. 03 Upon receipt of a copy of th ~ Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1 Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy oft a certificate in a construction trade newspaper. Such publication shah include placement in the Dait Commercial News. .04 Where the Contractor faBs'~'ito publish a copy of the Certificate of Substantial Performance as required above within 7 D ys after receiving a copy of the certificate signed by the Contract Administrator, the Owner ma~ publish a copy of the certificate at the Contractor's expense. OS Except as otherwise provid for in Section 31 of the Construction Lien Ad, the 45 Day lien period prior to the release of hdd6~ck as referred to in clause GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shaA commence from the date of publication of the Certificate q'f Substantial Performance as provided for above. GC 8.02.03.05 Substan II I Performance Payment and Substantial Performance Statutory Holdbacl~Release Payment Cert~cates 01 When the Contract Administrator issues the Certificate of Substantial Pertortnance, the Contract Administrator shall also issu$ the Substantial Performance Payment Certificate and the Substantial Performance Statutory Hold ck Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Substantial PertormancePayment Certificate shall show, a) the value of Work perfom',Ied to the date of Substantial Performance; b) the value of outstanding qr incomplete Work; c) the amount of the statuto~y holdback, allowing for any previous releases of statutory holdback to the Contractor in respect ~f completed subcontracts and deliveries of pre-selected equipment; Page 48 Rev. Date: 1112000 OPSS.MUNI 100 d) the amount of maintenance security required; and e) the amount due the Contractor. 03 Payment il 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 publicetion 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 deGaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Cantrailor's Subcontractors in canying out the Contract have been discharged except for statutory holdbacks propedy retained; c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Boanf; and d) proof of publication of the Certificate of Substantial Performance. GC. 8.02.03.06 Cert~cation of Completion .01 Upon application by the Contractor and when ti1e Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. 02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .Ot When the Contract Administrator issues the Completion Certificate, the Contrail Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. 02 The Completion Payment Certificate shall show, a) measurement and value of Wodc 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 Substahtial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory hoMbadc shall be due 46 Days after the date of Canpietion of the Work as established by the Completion Certificate but subject to Cre provisions of the Construction Lien Ad and the submission by the Contractor of the following documents: Page 49 Rev. Date: 112008 OPSS.MUN1100 i~ a} a release by the Contn Owner from all further appropriate; in a form satisfactory to the Contrail Administrator releasing the is relating to the Contract, qualified by stated exceptions where b) a statutory dedaration (in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contracctor and the Contractor s Subcontractors in carrying out the Contract have been discharged, qualifw~d by stated exceptions where appropriate; and c) a satisfactory Certificate of Clearartce from the Workplace Safety and Insurance Board. LJ J ~~~ GC 8.02.03.08 Interest .O1 Interest due the Contractor i!~ based on simple interest and is calculated using the applicable Rate of Interest GC 8.02.03.09 Interest lfor Late Payment .01 Provided the Contractor his complied with the requirements of the Contract, incuding all documentation requirements when payment by the Owner to the Contractor for Work performed, or for release of statutory hold ack, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outsti~nding payment at the Rate of Interest, if payment is not received on the dates set out below: a) Progress Payment Certificates: 30 Days after the Cut-0ff Date; b) Certificate of Subcontrat~Complefion: 30 Days after the date certified as the date on which the subcontract was comole d: c} Subcontract Statutory H Idback Release Payment Certificate: 76 Days after the date on which the subcontract was c leted: d) Substantial Performanc@ Payment Certificate: 30 Days after the date of issuance of the certificate; e) Substantial Performanc$ Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payme,tt Certifxxte 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 Ho~dback Release Payment Certificate: 76 Days after the date certified as the date that the Work was completed. .02 If the Contractor has not c lied with the requirements of the Contrail, including a8 documentation requirements, prior to expi lion of Ore time periods described in paragraph GC 8.02.03.09.01, interest shall only begin to a rue when the Contractor has completed those requirements. Page 50 Rev. Date: t 72008 OPSS.MUNI 1t10 GC 8.02.03.10 Interest for Negotiations and Claims .01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the time limits or procedure or both described by subsection GC 3.13, Claims, Negotiations, Mediation, the Owner shall pay the Contractor the Rate of Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled claim. Such interest shalt not commence until 30 Days after [he satisfactory completion of that part of the Work. .02 When: the Contractor does not attempt to resolve the negotiation a the claim in an expeditious manner, interest shall be negotiable. .03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC 3.13, Claims, Negotiaticns, Mediation, interest shall not be paid. .04 Where a Contractor fails to comply with the 30 Day time limit and the procedures prescribed in paragraph GC 3.13.03.03 for submission of claims, interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set-0ff ' 01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities, indudirg the cost to remedy deficiendes, the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurance Board, and any monies to be paid to the workers in accordance with clause GC 8.02.06, Payment of Workers. .02 Under these circumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Tlme and Material Basis GC 8.02.04.01 Definitions .O7 For the purpose of clause GC 8.02.04 the following definitions apply: Cost of Labour means the amount of wages, salary, travel, travel time, food, bilging, or similar items and Payrdl Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision but shall not include any payment or costs incurred for general supervision, administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of canying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Page 51 Rev. Date: 1112006 OPSS.MUNI 100 Payroll Burden means the insurance, public liability and and such other welfare and b gents in respect of workplace insurance, vacation pay, employment :rty damage insurance, sickness and accident insurance, pension fund, payments forming part of the Contractor's normal labour costs. ' Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis .from a person, firm, or corporation that is not an assodate of the lessee as the word "associate" is defined by the SeCUrities Ad, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. r Road Work means the prepar~6on, construction, finishing, and construction maintenance of roads, streets, Highways, and parking) lots and includes all work incidentals thereto oCter than work on structures. t Sewer and Watermain Work means the preparation, construction, finishing, and construction maintenance of sewer systems ~nd watermain systems, and includes all work incidental thereto other ~ than work on structures. i ~ Standby Time means any period lof fime tltat is not considered Working Time and which together with the Working Time does no[ exceed i 10 hours in any one Working Day and dttring which time a unit of ' equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during whit time the unit is in fully operable condition. Structure Work means the con$tr~ction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building tunnel, or retaining wall and includes the preparation for and the laying of the foundation of any bridge, adding, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. ' The 127 Rate means the rate for~tI a~ unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment, InGt~ing Model and Specification Reference, that is current at the Gme the work is carried out or for Equipm nt that is not so listed, the rate that has been calculated by the Owner, ' using the same principles as used'I in determining The 127 Rates. Work on a Time and Material basis means Changes in the Work, Extra Work, and Additiortal Work approved by the Contrad Administrator for payment on a Time and Material basis. The Work on a Time. and Material Basis shall be subject to aN the terms, conditions, Standard Specifications and provisions of the Contract. Working Time means each perto~ of time during which a unit of Equipment is activety and of necessity engaged on a specific operation ~nd the first 2 hours of each immediatety following period daring which the unit is not so engaged but du rig wfdch the operation is otherwise proceeding and during which time the unit pnnot practically be tran~fen'ed to other work but must remain on the site in order to continue with its assigned tasks and during lvhich time the unit is in a fully operable conditon. GC 8.02.04.02 Daily Wot~k Records .01 Daily Work Records, prepay as the case may be by either the Contrador's representative or the Contract Administrator re g the labour and Equipment employed and the Material used on each Time and Material projeG, should be reconciled and signed each Day by both the Contractor's representative and the Con act Administrator. If it is not possible to reconcile ttte Daily Work Records, then the Contract shall submit the un-recondled Daily Work Records with its Gaim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the daim. i, II I~ Pam 52 Rev. Date: 11f200(i OPSS.MUNI 100 GC 8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour, Equipment, and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator GC 8.02.04.04 Payment for Labour .Ot 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 cast 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 8.0204.05 Payment for Material .Ot The Owner shall pay the Contractor for Material used on each Time and Material project a[ 120°k of the Cost of the Material up to $3,000, then at 115°k of any portion of the Cost of Material in excess of $3,000. GC 8.02.04.06 Payment for Equfpment GC 8.02.04.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment, other than Rented Equipment and Operated Rented Equipment, used on the Work on a Time and Material basis at The 127 Rates with a cost adjustment as follows: a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 -payment $10,000 plus 90% of the portion in excess of $10,000; and c) Cost greater than $ 20,000 - $19,000 plus 80°k of Ote portion in excess of $20,000. .02 The Owner shah pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110°k of the invoice price approved by the Contract Administrator up to a maximum of 110% of The 127 Rate. This censtraint shall be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment. .03 The Owner shah 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 Adminstrator prior to the use of the Equipment on the Work on a Time and Material Basis. GC 8.02.04.06.02 Standby Time .Ot The Owner shah pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of the invoice price whichever is appropriate. The t')wner shah pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by page 53 Rev. Date: 1172006 OPSS.MUNI 100 the Contract Administrator. This shall indude Rented Equipment interxled for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner shad indude the Cost of Labour of operators w assodated labourers who cannot be otherwise employled during the standby period w during the period of idleness caused by the dreumstances giving ris~ to the Work on a Time and Material Basis. .03 The Contract Administrator nay require Rented Equipment idled by the circumstances giving rise to the Work on Time and M~terial Basis to be returned to the lessor untN the work requiring the equipment can be resumed. ,The Owner shall pay such costs as a result from such return. .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area o~a Time and Material basis, payment shall be made by the Owner only in respect of the transpor6•g units. When Equipment is moved under its own power it shall be deemed to be working. Thee method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment] for Hand Tools .01 Notwithstanding any other p vision of this Section, no payment shall be made to the Contractor for or in respect of Hand Tools equipment that are tools of the trade. GC 8.02.04.08 Paymentfor Work By Subcontractors .01 Where the Contractor artar{ges for Work on a Time and Material Basis, w a paM of it, to be perfomled by Subcontracto on a Time and Material basis and has received approval prior to the commencement of such w rk, in accordance with the requirements of subsection GC 3.09, Subcontracting by the Con ctw, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a marku calculated on the following basis: a) 209'° of the first $3,000; b) 15% of the amount from3,000 to $10,000; plus c) 5°~ of the amount in excess of 510,000. ' .02 No further markup shah be af}plied regardless of the extent i4 which the work is assigned or sublet to others. If work is assigned ~ sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. 'I GC 8.0204.09 of Irnoices .O7 At the start of the Work on ~ Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates rjot already submitted to the Contract Administrator during the course of such work. .02 Separate summaries shah be for Payment of Accarnts on . Directive or Change Order m labour, Materials, and Equip incurred by the Contractor a summary. Page 54 :ompleted by the Contractor according to the standard form "Summary Time and Material Basis.' Each summary shall indude the Change tuber and covering dates of the work and shall itemize separately the lent. Invoices for Materials, Rented Equipment, and other charges the Work on a Time and Material Basis shall be included with each Rev. Omte: i1t2006 OPSS.MUNI 100 .03 Each month the Contract Administrator shall indude with the monthly progress payment certificate, die costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administretive procedures and the Contractor's invoice of the Work on a Time and Material Basis. .04 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.04.10 Payment Other Than on a Time and Material Basis .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 profit and all costs and expenses arising out of the work, induding all cost of general supervision, administration, and management time spent on the work, and no other payment or allowance shall be made in respect of such work. GC 8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiendes have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract. GC 8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in accordance with the labour conditions set out in the Contract and at intervals of not less than twice a month. 02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers empbyed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01. .03 Where any person enpbyed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set oft monies in accordance with louse GC 8.02.03.11, Owner's Set-OfF. GC 8.02.07 Records .Ot The Contrador shall maintain and keep accurate Records relating to the Work, Changes in the Work, Extra Work, and claims arising therefrom. Such Records shall be of suffident detail to support the total cost of the Work, Changes in the Work, and Extrre Work. The Contrador shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all clairt~ have been settled, whichever is longer. The Contractor shall require that Subcontractors empbyed by the Contractor preserve all original Records pertaining to the Work, Changes in ttte Work, Extra Work, and Gaims arising therefrom for a silrrilar 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 RecoMs required, whenever requested by the Owner. pie 6,5 Rev. Oate: 11!2006 OPSS.MUNI t00 GC 8.02.08 Taxes .01 Where a change in Cana this Contract, and this ch shall increase or decrea: involved. i Federal or Provincial taxes occurs after the date of tender closing for 3e could not have been anticipated at the time of bidding, the Owner Contract payments to account for the exact amount of tax change .02 Claims for compensation forladditional tax cost shall be submitted by the Contractor to the Contract ' Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for addifional tax costs shall be ~ubmitted not less than 30 Days after the date of Final Acceptance. 03 Where the Contractor ben~fits from a change in Canadian Federal or Provincial taxes, the ' Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement [~f such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance.{ ' 04 Changes in Canadian Federal or Provencal taxes that impact upon commodities, which when left in place form part of the fine~h$d Work, or the provision of services, where such services form part of the Work and where the rdanufacture or supply of such commodities or the provision of such ' services is carried out by t.~11e Contractor or a Subcontractor, are subject to a Gaim or benefit as detailed above. Services in, the latter context means the supply and operation of equipment, the provision of labour, and the s~pply of commodities that do not form part of the Work. GC 8.02.09 Liquidatdd Damages 01 When liquidated damages a~e specked in the Contract and the Contractor fails to complete the Work in accordance with the ontract, the Contractor shall pay such amounts as are specified in the Contract Documents. Pape 56 Rev. Date: 11!2006 OPSS:MUNI 100