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HomeMy WebLinkAbout2010-098THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-098 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 an agreement for Pavement Rehabilitation, Various Locations. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, 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 12th day of July, 2010. By-law read a third time and finally passed this 12th day of July, 2010. 1 1 t 1~ '. Corporation of the Municipality of Clarington PAVEMENT REHABILITATION, VARIOUS STREETS Contract No. CL2010-24 June 2010 Project No. 112446 A=COM AGREEMENT THIS AGREEMENT made in quadruplicate BETWEEN: COCO PAVING INCORPORATED ' of the Regional Municipality of Durham and Province of Ontario hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Purchaser" ' THE PARTY OF THE SECOND PART ' WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, too4s, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. L-J 1 ' Page 1 of 3 '- LJ DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Pavement Rehabilitation, Various Streets, Contract No. CL2010-24, Municipality of Clarington. A. TENDER FORM: General Itemized Bid Bonds References Schedule of Tender Data B. STANDARD TERMS AND CONDITIONS C. SCHEDULE 'C' -CONTRACTOR SAFETY D. SCHEDULE 'D' -CONTRACTOR PERFORMANCE EVALUATION E. INSTRUCTIONS TO TENDERERS F. SPECIAL PROVISIONS -GENERAL G. SPECIAL PROVISIONS -TENDER ITEMS H. DESIGN GUIDELINES I. STANDARD DRAWINGS J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications, Region of Durham Standard Specifications revised April 2009, and Municipality of Clarington Design Guidelines and Standard Specifications - 2004. OPSS No. Date. OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 312 Nov. 2009 407 Nov. 2007 507 Nov. 2005 128 Current 314 Nov. 2004 408 Nov. 2007 510 A r.2010 180 Nov. 2005 330 Ma 1994 409 Nov.2D09 565 Nov. 2007 201 Nov. 2007 351 Nov. 2005 410 A r.2008 57D Nov. 2007 206 Nov. 2009 353 Nov. 2006 421 A r.2008 571 Nov. 2007 212 Nov. 2008 355 Nov. 2006 501 Nov. 2005 908 A r.2010 310 Nov. 2008 405 Nov. 2008 506 Nov.2D05 1010 A ri12004 K. SITE MAP L. GENERAL CONDITIONS: OPS General Conditions of Contract (November 2006) LJ L 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 90 working days. IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall ensure 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 1 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 INCORPORATED 1 ~~~~~/~ !S~ . Z~/~ in the presence of Date Date ~~ SIGNED and sealed by the Purchaser: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON in the presence of uate ~` -. - K:1Dept 3433\1124461SpecslRe-Tender1CL2010-24 - AGR.doc Page 3 of 3 1 r ~~ PROJECT: TENDER FOR CONTRACT NO. CL2010-24 PAVEMENT REHABILITATION -VARIOUS STREETS 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 Rob Rodgers Name of Person Signing General 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 K:\Dept 3433\t 124461SpecsVRe-Tender~CL2010-24 - TF.doc Page 1 of 19 pages TENDER CONTRACT NO. CL2010-24 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2010-24 Pavement Rehabilitation, Various Streets ' 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 forteited to the ' Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond and a 10D% 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 19 pages ~In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications pec. No. _ ~ P Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings `RMDCS - Regional Municipality of Durham Construction Specifications s s 3k- ~ ~ _ ~ m` " - ~ _ PART'A': BLACK CREEK TRAIL (FROM SOUTH END CUL-DE-SAC TO EAST END (DRWY #43) Al 310, 510 Partial Depth Asphalt Removal (40 mm) m2 4,055 4.19 16,990.45 SP A2 MOC, 310 Hot Mix, H.L.-8, (50 mm) Base Course Repair t 15 311.12 4,666.80 SP as Required A3 310, 510 Full Depth Crack Repair with Small Grinder m 450 34.22 15,399.00 SP A4 MOC, 314 Provisional Item mz 30 70.36 2,110.80 SP Full Depth Base and Subbase Replacement, 150 mm Granular'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material A5 MOC, 314 Granular'A' Base Repair as Required t 10 44.45 444.50 SP A6 MOC, 314 Granular'A' in Driveways t 20 48.00 960.00 SP A7 MOC, 206 Grading of Blvds mz 325 8.14 2,645.50 SP A8 510 Removal of Curb and Gutter m 175 33.42 5,848.50 SP A9 510 Removal of Concrete Sidewalk mz 140 30.35 4,249.00 SP A10 MOC, 353 Concrete Curb and Gutter (All Types) m 175 154.66 27,065.50 SP A11 MOC, 351 Concrete in Sidewalk m2 100 121.33 12,133.00 SP A12 MOC, 355 Brick Pavers in Sidewalk m2 40 157.42 6,296.80 SP A13 MOC, 355 Remove, Salvage and Relay Brick Pavers m2 40 94.45 3,778.00 SP A14 MOC, 408 Adjusting Maintenance Hales and Catchbasins ea 31 452.43 14,025.33 SP A15 MOC, 408 Provisional Item ea 1 1,167.45 1,167.45 SP Rebuild Maintenance Holes and Catchbasins i Page 3 of 19 Pages CONTRACT NO. Iln accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. ^Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications P Refers to Special Provisions (P) - Plan Quantity Payment Item ~OC - Municipality of Clarington Design Guidelines and Standard Drawings RMDCS Regional Municipality of Durham Construction Specifications ~' s~ . ~&1 A16 MOC, 408 Adjusting Water Valves ea 2 145.60 291.20 SP A17 SP Remove and Replace Catchbasin Frame and ea 4 556.13 2,224.52 Grates (OPSD 400.010) A18 MOC, 310 Hot Mix, H.L -3, (40 mm), incl. Tack Coat and t 440 103.12 45,372.80 SP Padding as Required A19 MOC, 310 Hot Mix, H.L.-3 -Driveways {50 mm) t 60 168.18 10,090.80 SP A20 SP Terraseeding m2 730 4.13 3,014.90 A21 SP Provisionalltem mz 220 3.27 719.40 Acrylic Polymer Driveway Sealing Total Part'A' (carried to Summary) $ 179,494.25 ART 'B': WINDSOR VALLEY GATE (FROM WINDSOR VALLEY PLACE TO BLACK CREEK TRAIL) B1 310, 510 Partial Depth Asphalt Removal (40 mm) m2 710 4.19 2,974.90 SP 62 MOC, 310 Hot Mix, H.L.-8, (50 mm) Base Course Repair t 20 311.12 6,222.40 SP as Required 63 310, 510 Full Depth Crack Repair with Small Grinder m 75 34.14 2,560.50 SP 64 MOC, 314 Provisional item m2 40 69.99 2,799.60 SP Full Depth Base and Subbase Replacement, 150 mm Granular'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material 65 MOC, 314 Granular'A' Base Repair as Required t 14 44 45 622:30 SP 86 MOC, 314 Granular'A' in Driveways t 10 48.00 480.D0 SP B7 510 Removal of Curb and Gutter m 55 33.48 1,841.40 SP ^ ' Page 4 of 19 Pages ITEMIZED 'In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. Spec. No. = The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ,RMDCS - Regional Municipality of Durham Construction Specifications ."~. +. 3. _,-a'" , a,~ s -- as ^' -. -~P' z ~ _ - .~.+ B8 MOC, 353 Concrete Curb and Gutter (All Types) m 55 153.79 8,458.45 SP 69 MOC, 355 Remove, Salvage and Relay Brick Pavers mz 10 94.45 944.50 SP 610 MOC, 408 Adjusting Maintenance Holes and Catchbasins ea 2 452.83 905.66 SP 611 MOC, 408 Provisional Item ea 1 1,167.45 1,167.45 SP Rebuild Maintenance Holes and Catchbasins B12 MOC, 408 Adjusting Water Valves ea 1 145.60 Sp 145.60 613 MOC, 310 Hot Mix, H.L.-3, (40 mm), incl. Tack Coat and t 80 102.83 8,226.40 SP Padding as Required 814 MOC, 310 Hot Mix, H.L.-3 -Driveways (50 mm) t 10 168.18 1,681.80 SP B15 SP Terraseeding mz 60 4.13 247.80 B16 SP Provisionalltem m2 85 3.27 277.95 Acrylic Polymer Driveway Sealing Total Part'B' (carried to Summary) $ 39,556.71 PART'C': CARRIAGE LANE (FROM BLACK CREEK TRAIL TO NASH ROAp) C1 310, 510 Partial Depth Asphalt Removal (40 mm) ma 1,100 4.19 4,609.00 SP C2 MOG, 310 Hot Mix, H.L: 8, (50 mm) Base Course Repair 1 8 311.12 2,488.96 SP as Required C3 310, 510 Full Depth Crack Repair with Small Grinder m 155 34.19 5,299.45 SP C4 MOC, 314 Provisional Item m2 14 70.30 984.20 SP Full Depth Base and Subbase Replacement, 150 mm Granular'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material Page 5 of 19 Pages In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications `SP - Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~RMDCS - Regional Municipality of Durham Construction Specifications +~.nr~.,~. ~,r_ s-~ ~~ ..~ - ~, ,, , ~ .e ~. > q ~~ - ~ CS MOC, 314 Granular'A' Base Repair as Required t 6 44.45 266.70 SP C6 MOC, 314 Granular'A' in Driveways t 10 48.00 480.00 SP C7 MOC, 206 Grading of Blvds mz 100 8.18 818.00 SP C8 510 Removal of Curb and Gutter m 20 33.50 670.00 SP C9 510 Removal of Concrete Sidewalk mz 60 30.32 1,819.20 SP C10 MOC, 353 Concrete Gurb and Gutter (All Types) m 20 154.02 3,080.40 SP C11 MOC, 351 Concrete in Sidewalk m2 50 121.65 6,082.50 SP C12 MOC, 355 Brick Pavers in Sidewalk m2 10 157.42 1,574.20 SP C13 MOC, 408 Adjusting Maintenance Holes and Catchbasins ea 7 452.83 3,169.81 SP C14 MOC, 408 Provisional Item ea 1 1,167.45 1,167.45 SP Rebuild Maintenance Holes and Catchbasins C15 MOC, 408 Adjusting Water Valves ea 1 145.60 145.60 SP C16 MOC, 310 Hat Mix, H.L.-3, (40 mm), incl. Tack Coat and t 125 102.76 12,845.00 SP Padding as Required C17 MOC, 310 Hot Mix, H.L.-3 -Driveways (50 mm) t 10 168.18 1,681.80 SP C18 SP Terraseeding mz 210 4.13 867.30 C19 SP Provisionalltem mz 85 3.27 277.95 Acrylic Polymer Driveway Sealing Total PaR'C' (carried to Summary) $ 48,327.52 PART'D': ONTARIO STREET (FROM ALBERT STREET TO QUEEN STREET) D1 310, 510 Partial Depth Asphalt Removal (40 mm) m2 3,800 4.19 15,922.00 SP Page 6 of 19 Pages 'In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~RMDCS - Regional Municipality of Durham Construction Specifications ~ .. :e. ..rs .. ~" .. .. t+`+ ~; c _ .~ _ s..f D2 MOC, 310 Hot Mix, H.L.-8, (50 mm) Base Course Repair t 45 311.12 14,000.40 SP as Required D3 310, 510 Full Depth Crack Repair with Small Grinder m 525 34.24 17,976.00 SP D4 MOC, 314 Provisional Item mz 80 58.91 4,712.80 SP Full Depth Base and Subbase Replacement, 150 mm Granular'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material D5 MOC, 314 Granular'A' Base Repair as Required t 35 44.09 1,543.15 SP D6 MOC, 314 Granular'A' in Driveways t 60 47.64 2,858.40 SP D7 MOC, 206 Grading of Blvds m2 600 8.17 4,902.00 SP D8 510 Removal of Curb and Gutter m 150 33.51 5,026.50 SP D9 510 Removal of Concrete Sidewalk m2 200 30.31 6,062.00 SP D10 MOC, 353 Concrete Curb and Gutter (All Types) m 150 153.85 23,077.50 SP D11 MOC, 351 Concrete in Sidewalk mz 175 121.55 21,271.25 SP D12 MOC, 355 Brick Pavers in Sidewalk mz 25 157.42 3,935.50 SP D13 MOC, 408 Adjusting Maintenance Holes and Catchbasins ea 13 452.83 5,886.79 SP D14 MOG, 408 Provisional Item ea 1 1,167.45 1,167.45 SP Rebuild Maintenance Holes and Catchbasins D15 MOC, 408 Adjusting Water Valves ea 9 145.60 1,310.40 SP D16 SP Remove and Replace Catchbasin Frame and ea 2 556.13 1,112.26 Grates (OPSD 400.010) D17 MOC, 310 Hot Mix, H.L.-3, (40 mm), incl. Tack Coat and t 400 103.37 41,348.00 SP Padding as Required ' Page 7 of 19 Pages BID ~In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications `SP - Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ,RMDCS - Regional Municipality of Durham Construction Specifications $ _ r 018 MOC, 310 Hot Mix, H.L.-3 -Driveways (50 mm) t 40 168.18 6,727.20 SP 019 SP Terraseeding mz 1,000 4.13 4,130.00 020 SP Provisionalltem m2 270 3.27 882.90 Acrylic Polymer Driveway Sealing Total Part'D' (carried to Summary) $ 183,852.50 PART'E': ONTARIO STREET (FROM LIBERTY STREET TO ALBERT STREET) E1 310, 510 Partial Depth Asphalt Removal (40 mm) mz 4,300 4.19 18,017.00 SP E2 MOC, 310 Hot Mix, H.L.-8, (50 mm) Base Course Repair t 55 311.12 17,171.60 SP as Required E3 310, 510 Full Depth Crack Repair with Small Grinder m 990 34.23 33,887.70 SP E4 MOC, 314 Provisional Item rnz 102 58.91 6,008.82 SP Full Depth Base and Subbase Replacement, 150 mm Granular'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material E5 MOC, 314 Granular'A' Base Repair as Required t 40 44.09 1,763.60 SP E6 MOC, 314 Granular'A' in Driveways t 60 47.64 2,858.40 SP E7 MOC, 206 Grading of Blvds m2 160 8.18 1,308.80 SP ES 510 Removal of Curb and Gutter m 150 33.51 5,026.50 SP E9 510 Removal of Concrete Sidewalk mz 140 30.31 4,243 40 SP E10 MOC, 353 Concrete Curb and Gutter (All Types) m 150 153.85 23,077.50 SP E11 MOC, 351 Concrete in Sidewalk mz 120 121.54 14,584.80 SP ' Page 8 of 19 Pages NO. CL201 ,In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. ~pec. No. _ The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications P Refers to Special Provisions (P) - Plan Quantity Payment Item OC - Municipality of Clarington Design Guidelines and Standard Drawings ~MDCS - Regional Municipality of Durham Construction Specifications 4' err. cmc ~ ~° ~= ~ ~~~ ~~, z~ ~ ~ ~.' i.' ~ >~ > ~. ~~ ~ 1 F~ i x l45 •. .- vm_ E12 MOC, 355 Brick Pavers in Sidewalk mz 20 157.42 3,148.40 SP E13 MOC, 408 Adjusting Maintenance Holes and Catchbasins ea 15 452.83 6,792.45 SP E14 MOC, 408 Provisional Item ea 1 1,167.45 1,167.45 SP Rebuild Maintenance Holes and Catchbasins E15 MOC, 408 Adjusting Water Valves ea 5 145.60 728.00 SP E16 SP Remove and Replace Catchbasin Frame and ea 2 556.13 1,112.26 Grates (OPSD 400.010) E17 MOC, 310 Hot Mix, H.L.-3, (40 mm), incl. Tack Coat and t 450 103.37 46,516.50 SP Padding as Required E18 MOC, 310 Hot Mix, H.L.-3 -Driveways (50 mm) t 20 168.18 3,363.60 SP E19 SP Terraseeding rnz 700 4.13 2,891.00 E20 SP Provisionalltem mz 160 3.27 523.20 Acrylic Polymer Driveway Sealing Total Part'E' (carried to Summary) $ 194,130.98 ART'F': HILLSIDE DRIVE (FROM CONCESSION ROAD 6 TO SOLING ROAD) F1 310,510 Full Depth Asphalt Removal (Depth Varies} mz 3,550 4.62 16,401.00 SP F2 MOC, 314 Provisional Item mz 220 57.93 12,744.60 SP Full Depth Base and Subbase Replacement, 150 mm Granufar'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material F3 MOC, 314 Granular'A' Base Repair as Required t 35 43.21 1,512.35 SP F4 MOC, 314 Granular'A' in DrivewayslShoulders t 100 46.75 4,675.00 SP FS MOC, 355 Remove, Salvage and Relay Brick Pavers mz 25 94.45 2,361.25 SP Page 9 of 19 Pages ' In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. Spec. No. _ The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~RMDCS - Regional Municipality of Durham Construction Specifications ss q _ F6 MOC, 310 Hot Mix, H.L: 3, (60 mm) t 555 95.74 53,135.70 SP F7 MOC, 310 Hot Mix, H.L: 3 -Driveways (50 mm) t 20 168.18 3,363.60 SP F8 SP Terraseeding mz 720 5.04 3,628.80 F9 SP Provisionalltem mz 160 3.27 523.20 Acrylic Polymer Driveway Sealing F10 206 Ditching: SP a)Gradall hrs 25 324.54 8,113.50 b) Triaxle Dump truck hrs 25 113.16 2,829.00 F11 MOC, 421 450 mm Dia. Plain Galvanized Corrugated Steel m 60 262.12 15,727.20 SP Pipe Culverts, Riveted, 2.0 mm Gauge (Entrance) F12 MOC, 421 600 mm Dia. Aluminized Steel Type 2, m 15 472.90 7,093.50 SP Corrugated Steel Pipe Culvert, Riveted, 2.0 mm Gauge (Including Frost Taper) F13 510 Removal of Culverts m 30 66.07 1,982.10 SP Total Part'F' (carried to Summary) ; 134,090.80 PART'G': HILLSIDE COURT (FROM HILLSIDE DRIVE TO NORTH CUL-DE-SAC) G1 310,510 Full Depth Asphalt Removal (Depth Varies) m2 1,060 4.62 4,897.20 SP G2 MOC, 314 Provisional Item m2 30 57,93 1,737.90 SP Full Depth Base and Subbase Replacement, 150 mm Granular'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material G3 MOC, 314 Granular'A' Base Repair as Required t 30 43.21 1,296.30 SP G4 MOC, 314 Granular'A' in Driveways/Shoulders t 45 46.75 2,103.75 SP r Page 10 of 19 Pages CONTRACT NO. CL2010-24 ' In accordance with the first paragraph of this Tender, the ConVactor hereby offers to complete the work specified fior Contract No. CL2010-24 for the following unit prices. 'Spec. No. _ The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions {P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings 'RMDCS - Regional Municipality of Durham Construction Specifications GS MOC, 310 Hot Mix, H.L.-3, (60 mm) t 165 95.74 15,797.10 SP G6 MOC, 310 Hot Mix, H.L.-3 -Driveways (50 mm) t 10 168.18 1,681.80 SP G7 SP Terraseeding mz 275 4.13 1,135.75 G8 SP Provisionalltem m2 70 3.27 228.90 Acrylic Polymer Driveway Sealing G9 206 Ditching: SP a) GradalY hrs 12 324.54 3,894.48 b) Triaxle Dump truck hrs 12 113.16 1,357.92 G10 MOC, 312 Asphalt Gutter as per OPSD 601.010 m 45 23.92 1,076.40 SP Total Part'G' (carried to Summary) $ 35,207.50 PART'H': DAMS COURT (FROM HILLSIDE DRIVE 70 WEST END) H1 310, 510 Full Depth Asphalt Removal (Depth Varies) rnz 2,300 4.62 10,626.00 SP H2 MOC, 314 Provisional Item m2 135 57.93 7,820.55 SP Full Depth Base and Subbase Replacement, 150 mm Granular'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material H3 MOC, 314 Granular'A' Base Repair as Required t 170 43.21 7,345.70 SP H4 MOC, 314 Granular'A' in Driveways/Shoulders t 100 46.75 . 4,675.00 SP H5 MOC, 355 Remove, Salvage and Relay Brick Pavers mz 25 94.45 2,361.25 SP H6 MOG, 310 Hot Mix, H.I_.-3, (60 mm) t 360 95.74 34,466.40 SP H7 MOC, 310 Hot Mix, H.L.-3 -Driveways (50 mm) t 25 168.18 4,204.50 SP 1 Page 11 of 19 Pages ,In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. ,Spec. No. i The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~RMDCS - Regional Municipality of Durham Construction Specifications lt s = df ~ ~ "~ - s ~`' +.' . . _ ~~~. ms =. _ H8 SP Terraseeding mz 550 4.13 2,271.50 H9 SP Provisionalltem mz 195 3.27 637.65 Acrylic Polymer Driveway Sealing H10 206 Ditching: SP a) Gradall hrs 15 324.54 4,868.10 b) Triaxle Dump truck hrs 15 113.16 1,697.40 H11 MOC, 421 450 mm Dia. Plain Galvanized Corrugated Steel m 20 262.12 5,242.40 SP Pipe Culverts, Riveted, 2.0 mm Gauge (Entrance) H12 MOC, 312 Asphalt Gutter as per OPSD 601.010 m 45 23.92 1,076.40 SP H13 510 Removal of Culverts m 20 66.07 1,321.40 SP Total Part'H' (carried to Summary) $ 88,614.25 ART'I': WINDSOR VALLEY PLACE (FROM NASH ROAD TO WEST END CUL-DE SAC) 11 310, 510 Partial Depth Asphalt Removal (40 mm) mz 1,770 4.19 7,416.30 SP 12 310, 510 Full Depth Asphalt Removal mz 1,100 4.62 5,082.00 SP 13 MOC, 310 Hot Mix, H.L: 8, {50 mm) Base Course Repair t 25 311.12 7,778.00 SP as Required 14 310, 510 Full Depth Crack Repair with Small Grinder m 135 34.15 4,610.25 SP 15 MOC, 314 Provisional Item mz 55 70.30 3,866.50 SP Full Depth Base and Subbase Replacement, 150 mm Granular'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material 16 MOC, 314 Granular'A' Base Repair as Required t 15 44.45 666.75 SP 17 MOC, 314 Granular'A' t 100 48.00 4,800.00 SP Page 12 of 19 Pages BID CONTRACT NO. ~In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. L2010-24 for the following unit prices. ~pec. No. _ The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications P Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~MDCS - Regional Municipality of Durham Construction Specifications ' ~ ~~~~ 18 510 Removal of Curb and Gutter m 145 33.50 4,857.50 SP 19 MOC, 353 Concrete Curb and Gutter (All Types) m 145 153.75 22,293.75 SP 110 MOC, 355 Remove, Salvage and Relay Brick Pavers m2 55 94.45 5,194.75 SP 111 MOC, 408 Adjusting Maintenance Hofes and Catchbasins ea 17 452.83 7,698.11 SP 112 MOC, 408 Provisional Item ea 1 1,167.45 1,167.45 SP Rebuild Maintenance Holes and Catchbasins 113 MOC, 408 Adjusting Water Valves ea 2 145.60 291.20 SP 114 SP Remove and Replace Catchbasin Frame and ea 3 556.13 1,668.39 Grates (OPSD 400.010) 115 MOC, 310 Hat Mix, H.L.-8, (50 mm), as Required t 150 89.51 13,426.50 SP 116 MOC, 310 Hot Mix, H.L.-3, (40 mm), incl. Tack Coat and t 300 102.76 30,828.00 SP Padding as Required 117 MOC, 310 Hot Mix, H.L.-3 -Driveways (50 mm) t 10 168.18 1,681.80 SP 118 SP Terraseeding mz 160 4.13 660.80 119 SP Provisionalltem m2 80 3.27 261.60 Acrylic Polymer Driveway Sealing Total Part'I' (carried to Summary} S 124,249.65 ART'J': SOLINA ROAD (FROM 500 m SOUTH OF CONCESSION ROAD 6 TO CONCESSION ROAD 6) (PROVISIONAL) J 4 33A m~ 3;525 DELETED SR d2 Rrevisignal-Ftem m~ X80 DELETED SR Material ' Page 13 of 19 Pages ' In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications ,SP - Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~RMDCS - Regional Municipality of Durham Construction Specifications i ~J~... w ~~ ~ H .x ,~ w. W ; m y ,~. ~ _ .nom a -. y -, ,w.. .. s .. h, J3 '' t 35 DELETED SR d4 t 360 DELETED SR d5 t 300 DELETED .. SR d6 E 240 DELETED D...J~~~~e~~~a ~ t 29 DELETED .. SR dg ~ ~+o~,r,^g ~~ X50 DELETED d9 SR 0 Rfevisiena4Jtem R+~ 50 DELETED d39 296 8itsl-sing- SP a}Gradal! hrs 29 DELETED hrs 29 DELETED 111 pggG~2 4 m 55 DELETED . . (E~#ansej Ja 2 p4g6 ,12 ra 35 DELETED . - , SR d13 540 ~ m 55 DELETED SR DELETED ART 'K': CONCESSION ROAD 6 (FROM BRIDGE TO SOLINA ROAD (NORTH LEG) Kt 310,570 Full Depth Asphalt Remcval Incl. Gutter and mz 3,500 5.32 18,620.00 SP Driveways ' Page 14 of 19 Pages ' In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. 'Spec. No. = The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications SP Refers to Special Provisions (P) - Plan Quantity Payment item MOC - Municipality of Clarington Design Guidelines and Standard Drawings 'RMDCS - Regional Municipality of Durham Construction Specifications '~'~„ ~ w s ~' `°~s`~ S 'A.}+5 N~ ~ _'¢~ '~~ rS~cP' R s~_ "~~r ~ " f F °S'3 Y ~ '~ ~ }~ ~ k ~ ~"vis+ ~ y' ~ ~ ~..e^i ~. . ~ ... K2 MOC, 314 Provisional Item m2 180 57.93 10,427.40 SP Futl Depth Base and Subbase Replacement, 150 mm Granular'A' and 300 mm Granular'B', Type I, Incl. Excavation and Disposal of Surplus Material K3 MOC, 314 Granular'A' (50 mm) t 420 43.21 18,148.20 SP K4 MOC, 312 Asphalt Gutter as per OPSD 601.010 m 800 14.39 11,512.00 SP K5 MOC, 312 Asphalt Gutter Outlet as per OPSD 605.020 ea 3 297.61 892.83 K6 510 Removal of Concrete Sidewalk m2 60 30.43 1,825.80 SP K7 MOC, 351 Concrete in Sidewalk m2 40 121.53 4,861.20 SP K8 MOC, 355 Brick Pavers in Sidewalk m2 20 157.42 3,148.40 SP K9 510 Removal of Catchbasins ea 1 744.05 744.05 SP K10 510 Place Catchbasin ea 1 4,032.95 4,032.95 SP K11 MOC, 408 Adjusting Maintenance Holes and Catchbasins ea 10 452.83 4,528.30 SP K12 MOC, 310 Hot Mix, H.L.-3, (60 mm) t 550 95.79 52,684.50 SP K13 MOC, 310 Hot Mix, H.L.-3 -Driveways (50 mm) t 10 168.18 1,681.80 SP K14 SP Pavement Markings: Durable a) 100 mm Width Yellow m 400 1.89 756.00 b) 100 mm Width White m 800 1.89 1,512.00 K15 SP Terraseeding mz 105 4.13 433.65 K16 SP Provisionalltem LS 5,000.00 MiscelVaneous Works Total Part'K' (carried to Summary) $ 140,809.08 Page 15 of 19 Pages ITEMIZED BID CONTRACT NO CL2010-24 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2010-24 for the following unit prices. Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications ,SP - Refers to Special Provisions (P) - Plan Quantity Payment Item MOC - Municipality of Clarington Design Guidelines and Standard Drawings ~RMDCS - Regional Municipality of Durham Construction Specifications ~sz.¢ }y ':•• ..fC.. ~.„^4 I y} "'i.~ t' -'~ Ra~ ~ Y'+4.^3~ ) h.3 ~t ~~° ~~ R, ~ mi .... ~'. _ ~ .. . rs 4 r.. ~*^ w PART'L': PRICE ADJUSTMENT -ASPHALT CEMENT i'v ~ ~~ iS L1 SP Asphalt Cement Price Admustment Allowance LS 26,000.00 SUMMARY Total Part'A' Black Creek Trail $ 179,494.25 Total Part'B' Windsor Valley Gate $ 39,556.71 Total Part'C' Carriage Lane $ 48,327.52 Total Part'D' Ontario Street $ 183,852.50 Total Part'E' Ontario Street $ 194,130.98 Total Part'F' Hillside Drive $ 134,090.80 Total Part'G' Hillside Court $ 35,207.50 Total Part'H' Davis Court $ 88,614.25 Total Part'I' Windsor Valley Place $ 124,249.65 DELETED Total Part'K' Concession Road 6 $ 140,809.08 Total Part'L' Price Adjustment $ 26,000,00 Total (excluding HST) $ 1,194,333.24 HST (13°k of Total) $ 155,263.32 TOTAL TENDER AMOUNT $ 1,349,596.56 ~enderer's HST Registration No. 101040160 K Dept 3433\N2446\Specslfte-Tendef~CL2010.24 - XemBid(Sign~acaJ.xls~Mems Page 16 of 19 Pages AGREEPAENT TO BOND Ito be completed by Bonding Comuanvl CONTRACT NO CL2010-24 WE, the Undersigned, HEREBY AGREE to become bound as Surety for ~, u in ~~ Coco Paving Inc. in a Performance Bond totalling ONE HUNDRED PERCENT (100°h) 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.CL2010-24 is accepted by the Authority. IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void. DATED AT Oshawa this 16 day of ,tune 2010 Aviva insurance Comoanv of Canada Name of Bonding Company Irene den Dekker (BONDING COMPANY SEAL) Signature of Authorized Person Signing for Bonding Company Attorney-in-Fact Position (This Form shalt be completed and attached to the Tender Submitted). Page 17 of 19 pages BIDDER'S REFERENCES CONTRACT NO. CL2010-24 Year 2009 ' Description of Contract Road Resurtacino Name of Organization Region of Durham Contact Person Tom Savchuk ' l h N b 905-668-4113 er one um Te ep Value of Contract 4 900 000 Year 2009 Description of Contract City of Oshawa O 09-02 ' i f O h Name of Organization s awa ty o Gorooration of the C Contact Person Mohan Toor Telephone Number 905-725-7351 ' Value of Contract 2 000 000 ' Year 2009 Description of Contract CL2008-25 Asphalt Overlay Phase 2 Name of Organization Corporation of the Municipality of Clarinaton Contact Person Troy MacArthur Telephone Number 905-372-2121 0 Value of Contract 1 500 0 0 I (This Form shall be completed and attached to the Tender Submitted). ' Page 18 of 19 pages L_1 1 SCHEDULE OF TENDER DATA CONTRACT NO CL2010-24 The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 Itemized Bid Page 3 to 16 Agreement to Bond Page 17 References Page 18 Schedule of Tender Data Page 19 B. STANDARD TERMS AND CONDITIONS Pages 1 to 11 C. SCHEDULE 'C' -CONTRACTOR SAFETY Pages 1 to 8 D. SCHEDULE'D' -CONTRACTOR PERFORMANCE EVALUATION Page 1 E. INSTRUCTIONS TO TENDERERS Pages 1 to 6 F. SPECIAL PROVISIONS -GENERAL Pages 1 to 13 G. SPECIAL PROVISIONS -TENDER ITEMS Pages 1 to 14 H. DESIGN GUIDELINES I. STANDARD DRAWINGS J. STANDARD SPECIFICATIONS: It shall be the Contractor's responsib ility to obtain the applicable edition of the following Ontario Provincial Standard Specifications, Region of Durham Standard Specifications revised April 2009, and Municipality of Clarington Design Guidelines and Standard Specifications - 2004. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 312 Nov. 2009 407 Nov. 2007 507 Nov. 2005 128 Current 314 Nov. 2004 408 Nov. 2007 510 A r. 2010 180 Nov. 2005 330 Ma 1994 409 Nov. 2009 565 Nov. 2007 201 Nov. 2007 351 Nov. 2005 410 r. 2008 570 Nov. 2007 206 Nov. 2009 353 Nov. 2D06 421 A r.2008 571 Nov. 2007 212 Nov. 2008 355 Nov. 2006 501 Nov. 2005 908 A r.2010 310 Nov. 2008 405 Nov. 2008 506 Nov. 2005 1010 A ri12004 K. 511E MAP 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 and Federal Sales Tax requirements, so that it is able to do business in Ontario. Yes X No The Bidder hereby acknowledges receipt of the following Addenda to the Bid Documents: Initials Addendum No. Addendum No. Addendum No. Date of Issue u Date of Issue Date of Issue Failure to acknowledge all Addenda issued ~ result in the bid being rejected. Confirmation of Addenda issued can be made on the Municipality of Clarington's website (www.clarington.net) under the "Current Tenders / RFP's Quotations" section or by contacting AECOM directly. By mylour signature hereunder, Ilwe hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL2010-24, executed by me/us bearing date the 24th day of June 2010 and we have fully read all related docents to tender data as listed above. POSITION General Manager NAME OF FIRM: In u (COMPANY SEAL) PrJvacv LealaHtion Fetleral legislation governs the colleUion and use of personal information from irdivitluals We represent and wanaM to the wmer that we have oWainatl die CONSEM of any and all employees wiwse personal iMOrmalion we have supplied to the owner m Nis tender. This persorwl infametim, which irctutles. bU is not limited to, the employees' names, education, wank and projeU history, professional designations and pualirlretions. This CONSENT permits the owner fo disGOSa This personal inormation [o the Engineer (owner ar agent) kr the purpose of evaluating as pid. In the event that the tentler is swzesstul, this personal information may also Ae usatl n prgeU administration, for contaU puryoses. This is Page 19 of 19 pages to be submitted as the Tender Submission for Contract No. CL2010-24. ~, i~~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-24 ~l ' STANDARD TERMS AND CONDITIONS ' K:\Dept 3433V 12446\Specs\Re-Tender\Ct2010.24 - TBC.doc THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION ' Page 1 of 11 The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract except where noted below. ' Clause 8 of the "Standard Terms and Conditions" shall be superseded by Clause 8, "Payments" of the "Specal Provisions -General" Sectiar of the Contract • Clause 15 of the `Standard Tenns and conditans" shall be superseded by Clause 2, "Guaranteed Maintenance" of the "Special Provisions -General" Section of the Contract • The first paragraph of Clause 16 of the "Standard Tenns and Conditions" is not applicable to this Contract. • .The first paragraph of 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. • Clause 27 of the "Standard Tenns and Conditions" shall be superseded by Clause 17, "Workplace Hazardous Materials Information System (WHIMIS)" of the "Specal Provisions - General" Section of the Contract. '~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 2 of 41 ' SCHEDULE (B) 1. 2. STANDARD TERMS AND CONDITIONS DEFINITIONS ' Municipality -The Corporation of the Municipality of Clarington, its successors and assigns Bidder -The person, firm or corporation submitting a bid to the Municipality. Company -The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. ' Contract -The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda, the b~, and surety. Subcontractor - A person, firm or corporation having a contract with the company for, or any part of, the work. Document -The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specificatans contained in the document Bid - An offer by a Bidder in response to the document issued by the Municipality. I Work -All labour, materials, products, articles, Tortures, services, supplies, and acts required to be done, furnished or pertormed 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 calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. ' The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings. ' The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted d must be si ned on behalf of each of the Bidders ' . g , The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidders authorized signing oific:er. ' 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 Ehe document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. d , . A bid received after the closing date and time will not be considered and will be returned, unopene 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. ' II THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DMSION SCHEDULE (B) 3. CONTRACT ~J CJ STANDARD TERMS AND CONDITIONS (continued) Page 3 of 41 The contract consists of the documents aforementioned as defined in Section 1, Definitions, Contract. The contract and portions thereof take precedence in the order in which d,ey are named above, notwithstandingthc chronological order in which they are issued or executed. The intent of the contract is dial the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a pardcutar purpose. None of the conditions contained in the Bidder's standard or general cendidons of sate shall be of any effect unless explicitly agreed to by the Municipality and spedfically referred to in die purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municpality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no cue shalt oral arrangements be considered. Every notice, advice or other communication pertaining thereto wNl be in the form of a written addendum. No officer, agent or employee of the Municipality is authored to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specfied 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 ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof Recdving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of the delivery ticket or piece tally thereof. Work shall be subject to further inspection and approval 6y dre Municipality. The Company shall be responsible for arranging the work so that completion shall be as speafied in the contract. Time shall be of the essence of the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION ~~ Page 4 of 11 , SCHEDULE (B) PRICING STANDARD TERMS AND CONDITION3 (continued) Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the contrail. Prices bid must include all inddental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prar to the submission of the bid. Payment shall be full compensation for ail costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. AN prices quoted shall include applicable cusmms duty, exase tax, freight, insurance, and aN other charges of every kind attributable to the work. Harmonized Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. S. TERMS OF PAYMENT Where required by the Construction Lien Ad appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payrrrent shall constftute 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 Municpaliry shall have the right to withhokt from any sum otherwise payable to the cornpany such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contrail requirements being completed and work being deemed satisfactory. 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations thaE the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION ' Page 5 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (continued) ' The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement, the company shall forthwith either secure for the Municipality the right b continue using the work or shall at the company's expense, replace the infringing work with non-infringing work or modify it so that the work no bnger infringes. 10. ALTERNATES Any opinion wRh regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an akemate wilt not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 1 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Company's obligations under the Contract ' 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and ' by-laws pertaining to the work and its performance. The company shall lie responsibb 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. 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee periodrf bnger than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE ' The Municipa8ty reserves Ure right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions, 'rf in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the otfiaal closing tans. ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 6 of 11 , SCHEDULE (B) STANDARD TERMS AND CONDFTIONS (continued} , The placing in the mail or delivery to the Bidders shown address given in the bid of a notce of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. , The Municipality reserves the right to reject a Bid from any Bidder based on the following considerations: • a Bidder or a subcontractor of a Btdder has an outstanding legal action against the Corporation, or the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder; • a Bidder owes money including, but rat limited to outstanding property taxes owed to the Corporation; and • a Bidder is not in compliance with the Corporation's Corporate Policies and by-laws including Property Standards By-law. 17. SUPPLIER PERFORMANCE EVALUATION Prior to the Contract renewal dates or upon expiry of the Contract, the Municipality of Clarington wilt complete a Performance Evaluation Form, providing feedback related to the Company's performance of the Contract Su liers/Contra t ill b l t d b d b t li i pp c ors w e eva ua e ase on, u not m ted to the following: • quality of goods/services provided; • compliance with Contract specifications, terms & conditions; ' • communication (responsiveness); • billing accuracy. The results of the Pertormance Evaluation shah 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 MunicpaNty shall communicate any Performance issues/concems, to the Company. , Persistent performance issues may result in an immediate Contract Performance Evaluation by all participating departments to determine iF Contract suspension or termination is necessary. Companies whose previous Contracts were gated due to poor perfortnanee shall be considered for subsequent Contract Awards, only if they cen show proof, through a minimum of three references for similar work, that they have overcome Iheir performance issues of the past Contract. The Municipality's decision in this regard shall be final. The results of any Performance Evaluation may be disclosed to other Municipalities or ' government bodies upon request, where it can be demonstrated that the Company has fisted the Municipality as a Work reference. 18. DEFAULT BY COMPANY ' a. If the Company commits any act of bankruptcy; or'rf a receiver is appointed on account of its insolvency or in respect of any of its property; or if the company makes a general , assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice: terminate the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 7 of 14 SCHEDULE (B) STANDARD TERMS AND CONDRION3 (continued) b. If the Company fails to comply with any request, instrucfion or order of the Municipality; or fails to pay its accounts; or faAs to comply with or persistentty disregard statutes, ' regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is othewise in default in canying out its part of any of the terms, conditions and obligations of the contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice id the company, terminate the contract. c. Any termination of the contract by the Muniapality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Muniapatity terminates the contract, it is entitled ln: i) take possessksn of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the arcumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii) recover from the company loss, damage and expense incurred by the MunicipaNty by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the ' Municipality). 19. CONTRACT CANCELLATION ' The Municipality shall have the right, which may be exerased from time to time, to cancel any uncompleted w unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable ' to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 20. QUANTITIES Unless otherwise specked herein, quantities are shown as approximate, are not guaranteed to be accurate, are famished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will ~ by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 1 21. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. if samples are requested subsequent to opening of bids, they shall be delivered within three (3} working days foNowing such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under ' the contract. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHRSING DIVISION Page 8 of 11 22. SCHEDULE (B} STANDARD TERMS AND CONDITIONS (continued) Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable. URETY 23. The successful tenderer shall, ff 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 unfit 60 days after the day on which aN work cevered by the contract has been completed and accepted. The surety may be returned before the 60 days have e~psed providing satisfactory evidence is provided that all Gabilitiees incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the WSIB - Workplace Safety Insurance Board has been received. The company shall, if the Municipality in its absolute dLstxefion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. WORKPLACE SAFETY AND INSURANCE-BOARD All of the Contractor's personnel must be covered by the insurance plan under the Workplace Safety and Insurance Act, 1997, or must provkle an ident'fiicetion 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 subjecC 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 Cert~cates 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 I Owners I Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, contractors must complete the form "Determining workedlndependent Operator status°, issued by the Workplace Safety 8 Insurance Board. (For more information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) Single Independent Contractors /Owners 1 Operators must also provide a certificate from the Workplace Safety 8 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. 1 r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION ' Page 9 of 11 SCHEDULE (S) STANDARD TERMS AND CONDITIONS (continued) 24. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance induding premises and all operations. This insurance coverage shall be subject to limits of not less than $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The Company shall maintain and pay for Automobile Liability insurance in respect of licensed ' vehicles and shall have limits of not less than $2,000,000.00 inclusive per occurrence covering all licensed vehicles owned or leased by the Company. The policy shall include the Municipality as an additional insured in respect of all .operations performed by ~ on behalf of the Company. A certified copy of such policy or certificate shall be provided to the municipality prior to commencement of the work. Further certified copies shall be provided upon request. The Policies shall be endorsed to provkle that the Municipality is to receive not less than 30 days notice in writing in advance of any canceAation, material amendment, or change restricting ceverage. Written notice shall be personally delivered to or sent by registered mail to the Agency. The Company will ensure that any and all Subcontractors also have valid Insurance coverage. 25. IAL BILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise diredly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Munidpality if the Munidpaliy or any of its employees shall be made a party to any charge under the Occupational ' Health and Safety Actin relation to any violation of the Act arising out of this contract. 26. VISITING THE SITE The Company shall carefully examine the site and existing building and services affeding the proper execution of the work, and obtain a dear and comprehensive knowledge of the existing conditions. No daim for extra payment will be alknved for work or difficulties encountered due to conditions of the sde which were visible or reasonably inferable, prior to the date of submission of Bid. Bidders shall accept sole responsibility for any error or neglect on their part in this resped. 27. FETY i The Company shall obey aN Federal, Provindal and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Coundl and By-laws, which could in any way pertain to the work outlined in the Contract ' or to the Empbyees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the perfornar~e of the Company's obligations under this Contract. L~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION 1 Page 10 of 11 ' SCHEDULE (B} 2s. 29. 30. 31 32. STANDARD TERMS AND CONDfTIONS (continued} The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to empbyee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials. UNPAID ACCOUNTS The company shall indemndy the Municpality from aN claims arising out of unpaid accour~ relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances. SPENSION OF WORK The Municipality may, without invapdating the contrail, suspend performance by the Company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. CONFLICT OF INTEREST No employee or member of Council of the Munidpality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA) All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act. Offerers are reminded to identify in their proposal material any specific scientfie, 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 pertorm a criminal background check including Criminal Code (Canada) convictions, pardoned sexual offences, J t_J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING DIVISION Page 11 of 11 SCHEDULE (B) STANDARD TERMS AND CONDITIONS (conEinuedy records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and Food and Drugs Act and all outstanding warrants and charges for every individual who may come into direct contract with youth or who are permitted entrance to private or restricted areas or residences. This will be done at no cost to the Municipality and any such requested document will be submitted to the Municipality in its true form in advance of commencement of work. The Municipal issued identification card must tie wom when individuals are at a site where there is direct contact witl~ youth or where access to any private or restricted area is anticipated. The Municipal identification card is valid for the term of the contract only or a one year term, whichever comes first. Under the terms of the contract, the Municipality has the sale and unfettered discretion to prohibit an individual from coming into direct contact with youtti or entering a private or restricted area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew the Municpal identification cards according to Municipal policy and procedure. The Municipality of Clarington reserves the right to cancel and/or suspend the contract immediately and uni{aterally and without penalty to the Municipality should the service provider fail to provide the required documentation or otherwise adhere to this procedure. "The Chief Administrative Officer has the final say in determining any final action." L r r L_J CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2010-24 u SCHEDULE `C' K:1Dept 3433\112446\Spece\Re-Tender1CL2070.24 -Schedule (C).doc t J 1 scHEDULE (c) CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: ' Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the ' Occupational Health and Safety Act (Section 23 (1), (2)), it is the Constructor's responsibility to ensure that: ' the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the pro' c ; • every employer and every worker performing work on the Droiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and ' the health and safety of workers on the aroiect is protected. • Where so prescribed, a constructor shall, before commencing any work on a ' project, give to a Director notice in writing of the project containing such information as may be prescribed. DEFINITIONS: Contractor- any individual or firm engaged by the Municipality to do work on behalf of ' the Municipality. Project - means a construction project, whether public or private, including, ' the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highw8y, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, ' telephone or electrical cable, pipe line, duct or well, or any combination #hereof, • the moving of a building or structure, and ' any work or undertaking, or any lands or appurtenances used in connection with construction. ' Construcoon -includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land Bearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. `J 1 z SCHEDULE (C) CONTRACTOR SAFETY , POLICY AND PROCEDURE Continued... Constructor- means a person who undertakes a project for an owner and indudes 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 contrail. ' PROCEDURE: ' The following items are required before any Confrailors are hired by the Munidpality. a) Before beginning a projeil, the project manager or delegate must determine ' whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or delegate must inducts, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. ' c) The request for tender/quotations will require prospective contractors to inducts 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 Prailice Form (Schedule "C1"). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the projeil 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 projeil manager or delegate must provide the successful contractor with a ' workplace orientation, which will include, but not limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientatioNJob Safety Instruction Checklist to be completed (see Compliance page g). , h) Before the start of the assignment, the following documentation will be provided to the successful contractor, by the project manager or delegate. i) Copies of the Municipal Corporate Health and Safety Program ii} Departmental health and safety policies iii) Workplace procedures regarding health and safety practices. ~' 3 SCHEDULE (C) ' CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... i) The contractor has the responsibility to provide any and all prescribed personal ' protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) faits to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and ' safety wamings and/or to stop any contractors' work ff any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue wamings and/or to stop workrf there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written wamings and/or stop work orders can be given to contractors using Contractor Health and Safety Waming/Stop Work Order ' Form (Schedule "C3"). k) Where applicable, the Municipality will retain the right to allow municipal ' employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. I) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. ' m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of ' Contractor Health and Safety Waming/Stop Work Orders. Ll V , 4 I SCHEDULE (Ct) I CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM I To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all I workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in I compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's heath and safety experience, please provide the I accidentlincident and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable. • The New Experimental Experience Rating {NEER} I -The WSIB experience rating system for non-construction rate groups ............................................................................................. I • The Council Amended Draft #7 (CA0.7) Rating I -The WSIB experience rating system for construction rate groups ............................................................................................. I • Injury frequency performance for the last two years - This may be available from the contractor's trade association I ............................................................................................. • Has the contractor received any Ministry of Labour warnings or orders in the last two I years? (If the answer is yes, please include the infraction). I • Confirmation of Independent Operator Status I -The WSIB independent operator number assigned: (Bidders to inciude the letter confirming this status and number from WSIB with their bid submission.} r I 5 SCHEDULE (C2) ' CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... CONTRACTOR'S STATEMENT OF RESPONSIBILITY ' As a contractor working for the Municpality of Clarington, Ihve will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety polices, department and site spec policies and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to ' prevent an accidental injury to ourselves, fellow employees and members of the public. ' 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees , ' a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and atl Regulations thereunder (the "Act"); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the ' contractor/successful tenderer shall, ' a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act ' safely and complying all respects with the Act. 3. The contractorlsuccessful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being nofrfied ' by any person of the existence of such ad, practice or non-compliance. 4. The contractor/successful tenderer shalt permit representatives of the ' Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this contractor/tender. 5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act. . 6. The contractor/successful tenderer shall indemnify and save harmless the Municipality, a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractodsuccessfultcnderer or any of its employees, its subcoMraetors or their employees failing to act safely or to comply in ail respecs with the Actin the performance of any matters required pursuant to this contract/tender; II I, s I SCHEDULE (C2) CONTRACTOR SAFETY I POLICY AND PROCEDURE Continued... I b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any I 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 contracUtender; and I c} from any and all charges, fines, penakies, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) I shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contractltender. Q / I Contractor l Name of Person ing for Contractor ... .......................................................~~~..~. i~ . ~'.. I ....................... .. . Signature of Contracto Date I I L~ I I I~ 7 SCHEDULE {C3) CONTRACTOR SAFETY POttCY AND PROCEDURE Continued... ' _CONTRACTOR HEALTH AND SAFETY WARNINGISTOP WORK ORDER The purpose of this form is to: (Issuer to check one of the following) _ Provide warning to the contractor to immediately discontinue the unsafe work practice described below ' _ Direct the contractor to immediately cease all work beir~ performed under this contract due to the unsafe work practice described below. PART "A" -DETAILS OF CONTRACT I CONTRACT/P.O. # DESCRIPTION: I NAME OF FIRM: s SCHEDULE (C3) CONTRACTOR SAFETY PART "B" -DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE & TIME OF COMPLIANCE; ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE PART "C" -ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. LJ ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON i D i 1 CONTRACT NO. CL2010-24 SCHEDULE 'D' CL2010-24 -Schedule (D).doc 1 i C ~ ~l~' ~ ' Leadertg the Way CONTRACTOR PERFORMANCE EVALUATION Contractor Name: Date of Evaluation: Pro'ect Name/Number: ' Owner/Mana er: roximate Value of Pro'ect Su erintendent: Pro t Com lex' Foreman: Consultant: Please answer the following as accurately as possible rating the goods and services received on a scale of 1 to 5, with 1 indicating poor and 5 indicating excellence. If you want to provide additional explanations or . comments, please feel free to use the back of this form. USER DEPARTMENT: _'' _... ?:~ E#~:,,5'l f~[~i.4~'k1R~ ~ °Performarice Poor"„" ?: 'Fai} 7lveiege'' ~, Excellent' 1 Adherence to speafications and drawings '1„ .. ~ `: 3' ~F` 5 2 Level of inspection required i' 3 3 ' 4 5 3 Management of crew and subcontrat~ors 1 2 3 4 5 4 Schedule pace: coordinating crews/subcontractors 1 2 3 4 5 5 Response to directives (promptness/willingness) 1 2 3' 4 5 6 Minimizes extra costs/provides cost saving aRernatives 1 - 2 3 4 5; 7 Administration/Documentation 1 2 3 4 5 8 Communications and courtesy to public " 1, ' < ~ 3 4 5" 9 Communicefion/cooperation with Contract Administrator ' 1 ~ 3 4 S 10 Neatness of site and compound 1 2 3 4 5 11 Safety 1 2 3 4 5 'Details to be included on attached sheet Bonding /Safety YES NO If yes, were issues satisfactorily resolved? Any Bonding Issues Any Safety issues Comments: Evaluation provided by (print name} Title Signature Date i Reviewed by Consultant's Construction Manager ' Reviewed by Municipality's Construction Manager ~J CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-24 INSTRUCTIONS TO TENDERERS ' K:1Dept 3433111244615pecs1CL2010-24 - IT.doc INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2010-24 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. HARMONIZED SALES TAX (HST) .......................................................................................... .........3 10. EXECUTE CONTRACT DOCUMENTS ................................................................................... ......... 3 11. COMMENCEMENT OF WORK ................................................................................................ ......... 3 12. LOCATION .............................................................................................................................. .........4 13. SOIL INFORMATION ............................................................................................................... .........4 14. TENDERERS TO INVESTIGATE ............................................................................................ .........4 15. INQUIRIES DURING TENDERING .......................................................................................... .........4 16. AWARD OF THE CONTRACT ................................................................................................. .........4 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR .... .........4 18. ADDENDA ............................................................................................................................... .........5 19. UTILITIES ................................................................................................................................ .........5 20. TENDER OPENING MEETING ................................................................................................ .........6 21. PROVISIONAL ITEMS ............................................................................................................. .........6 I PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2010-24 7. GENERAL SEALED Tenders plainly marked "Contract No. CL2010-24" will be received until: 2:00:00 P.M., LOCAL TIME, THURSDAY, JUNE 24, 2070 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 ' Tenders must be time-stamped at the above noted location to be considered. Late submissions will not be accepted and will be returned unopened without exception. The use of the mail or courier services for delivery of a Tender will be at the risk of the Bidder. The Tender must come into the possession of the above-mentioned representative of the Municipality before the deadline for submission or the Tender will be returned to the Bidder unopened. ' In the event that the Tender is hand delivered and is received past the deadline for submission, the Tender envelope will be time stamped and returned unopened to the deliverer immediately. ^ In the event that the Tender is received by a means other than 'in person' and is received past the ^ submission deadline, it will be time stamped and returned unopened by courier. Note: Since Tenders must be submitted in a sealed envelope, submissions by facsimile or electronic delivery, secured or otherwise, are not acceptable. The onus unequivocally remains with the Bidder to ensure that Tenders are delivered to the Municipal Clerk, Clerks Office, 2"' 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, vests, 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. CL2010-24 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. TotafTenderAmourit Minimum Deposit Required $ 20,000.00 or less $1,000.00 $ 20,000.01 to 50,000.00 2,000.00 $ 50,000.01 to 100,000.00 5,000.00 $ 100,000.01 to 250,000.00 10,000.00 $ 250,000.01 to 500,000.00 25,000.00 $ 500,000.01 to 1,000,000.00 50,000.00 $1 ,000,000.01 to 2,000,000.00 100,000.00 $2,000,000.01 and over 200,000.00 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 performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work. Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. An Agreement to Bond must be submitted with the Tender bid. Bonding company standard "Agreement to Bond" forms are acceptable. 5. RIGHT TO ACCEPT OR REJECT TENDERS The Authority reserves the right to reject any or all Tenders or to accept any Tender should it be deemed to be in its best interest to do so. Tenders which are incomplete, conditional or obscure, or which contain additions not called for erasures, alterations, or irregularities of any kind, may be rejected as informal. Tenders will not be accepted unless submitted in the envelopes provided. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2010-24 ' 6. UNACCEPTABLE TENDERS 3. 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 ' Bidders are advised that they are required to submit three {3) references on the form provided in the Tender Form section of the Tender Documents. Failure to do so may result in the bid not being accepted by the Municipality. As requested by the Municipality, references will be checked by the Contract Administrator or Municipality during the Tender review process. 9. HARMONIZED SALES TAX (HST) The Tenderer shall NOT include any amount in his Tender unit prices for the Harmonized Sales Tax. The HST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will, therefore, not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 90 days after the closing date. After this L time, the Tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the Tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of the General Conditions. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2010-24 12. LOCATION Part A: Black Creek Trail (from south end cul-de-sac to east end, driveway #43), Courtice Part B: Windsor Valley Gate (from Windsor Valley Place to Black Creek Trail), Courtice Part C: Carriage Lane (from Black Creek Trail to Nash Road), Courtice Part D: Ontario Street (from Albert Street to Queen Street), Bowmanville Part E: Ontario Street (from Liberty Street to Albert Street), Bowmanville Part F: Hillside Drive (from Concession Road 6 to Solina Road), Solina Part G: Hillside Court (from Hillside Drive to north cul-de-sac), Solina Part H: Davis Court (from Hillside Drive to west end), Solina Part I: Windsor Valley Place (from Nash Road to west end cul-de-sac), Courtice Part J: Solina Road (from SOOm south of Conc. Road 6 to Conc. Road 6), Solina (Provisional) Part K: Concession Road 6 (from bridge to Solina Road, north leg), Solina 13. SOIL INFORMATION 4. Geotechnical investigations directly related to this Contract have not been undertaken on behalf of the Municipality of Clarington. 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the properjurisdictional agency. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications shall be directed to the Contract Administrator, AECOM, Telephone: 905-372-2121, Attention: Troy MacArthur, C.E.T. or Sean Bagshaw, P.Eng. 16. AWARD OF THE CONTRACT The award of this Contract is subject to the approval of the Municipality of Clarington. 17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the Corporation of the Municipality of Clarington. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2010-24 5, 1 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. 18. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are signed and attached as part of the submitted bid. The Contractor must also sign and acknowledge addenda ' in the space provided on the Form of Tender. Failure to do so may result in the submitted Tender being rejected. Confirmation of Addenda issued can be made on the Municipality of Clarington's website (www.clarington.net) under the "Current Tenders / RFP's /Quotations' or by contacting AECOM directly. 19. UTILITIES ' For additional information regarding existing utilities the Contractor may contact the following personnel: Mr. Greg Fallows (West of Solina) Mr. Jamie Rochford Bell Canada Enbridge Consumers Gas Tel: 905-433-3357 Tel: 1-416-758-7933 Ms. Cindy Ward Mr. Jim Hisson Roger Cable T.V. Ltd. Tel: 905-436-4138 Hydro One Tel: 1-905-623-1071 ext 3318 Mr. Peter Petriw Durham Region Veridian Connections Durham Region Traffic Depot Tel: 1-888-445-2881 ext. 3252 ' Ms. Sue Arends Traffic Signals Clarington Operations Tel: 866-786-8116 Clarington Street Lighting Tel: 905-263-2292 Mr. Dave Palframan (East of Solina) Bell Canada ' Tel: 905-433-3556 INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2010-24 6. 20. TENDER OPENING MEETING The Tender opening meeting is scheduled to take place at 2:15:00 P.M. after the closing time and date in Council Chambers, 40 Temperance Street, Bowmanville, Ontario and interested bidders are invited to attend. 21. 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. [J 1 D 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2010-24 ~l 1 1 D SPECIAL PROVISIONS -GENERAL K:\Dept 3433\112446\SpecslRe-Tender\CL2010-24 - SPG.doc I INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2010-24 ' CLAUSE SUBJECT PAGE 1. PLAN QUANTITY ITEMS .................................................................................................. ..1 2. GUARANTEED MAINTENANCE ....................................................................................... ..1 1 3 4. CONTRACT TIME AND LIQUIDATED DAMAGES ........................................................ CONTRACTOR'S AUTHORIZED REPRESENTATIVE ..................................................... ..1 ..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. 15. EMERGENCY AND MAINTENANCE MEASURES ............................................................ ENGINEERING FIELD OFFICE ........................................................................................ ..5 ..6 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .............................................. ..6 ' 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES .... ..7 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHIMIS) ................ ..8 19. SPILLS REPORTING ........................................................................................................ ..8 ' 20. PROTECTION OF WATER QUALITY ............................................................................... ..8 21. TRAFFIC AND STREET SIGNS ........................................................................................ ..8 22. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE ............................................. ..9 ' 23. ASPHALT MIX DESIGNS .................................................................................................. ..9 24. PREPARATION AND POSTING OF REQUIRMENTS FOR WORK IN CONFINED 25. SPACES ........................................................................................................................... CONFINED SPACE ENTRY ............................................................................................. ...9 ...9 26. ENTRY ONTO PRIVATE PROPERTY ............................................................................. .10 27. STORAGE AREAS ........................................................................................................... .10 28. GENERAL LIABILITY INSURANCE ................................................................................. .10 29. CONSTRUCTION LIEN ACT ............................................................................................ .10 ' 30. PAYMENT FOR ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX .11 31. VARIATIONS INTENDER QUANTITIES ......................................................................... .12 ' 32. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR ................................................................................................................ .13 IJ ' PAGE ONE SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2010-24 1. PLAN QUANTITY ITEMS ' Measurement for payment of the Items designated (P) in the Itemized Bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.16 of the General Conditions is revised in that the Contractor shall guarantee and ' maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all ' defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 3. CONTRACT TIME AND LIQUIDATED DAMAGES ' (7) 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 ' GC 1.06. (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 90 working days. ' If the Contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and 1 or augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the Contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various Items of work and no additional compensation will be allowed therefore. (3) Liquidated Damages It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed by the date specified, or as extended in accordance with Section GC3.06 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2010-24 4. 2. impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or 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 altemative that may be available to the Authority. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.10 is defined as an employee of the Contractor. 5. OPS GENERAL CONDITIONS Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, November 2006. 6. LAYOUT BY CONTRACT ADMINISTRATOR It is not anticipated that layout will be required for this Contract; however, if required, AECOM will provide as indicated below. Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: The Contract Administrator shall layout and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout pertormed 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 transferor setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. RESTRICTIONS ON OPEN BURNING Open f res 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. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2010-24 t i ~i J I~ ~~ 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 2-1l2 percent of the total value of work pertormed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-112%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07.03(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04.03. As a condition of Progress Payment Certificate processing, the Contractor must provide a current WSIB Clearance Certificate and a Statutory Declaration in support of each Progress Payment Certificate and an updated project schedule as directed by the Contract Administrator. All interim monthly certificates are not conclusive as to the value or quality of services provided and payment certificates are subject to reopening and readjustment. The Completion Payment Certificate to include release of the remaining holdback will be issued within 120 days after the date for completion as specified under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. Acceptance by the company of the final holdback payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the Contract and still unsettled. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. Payments made hereunder, including final payment shall not relieve the Contractor from its obligations or liabilities under the contract. The Authority shall have the right to withhold from any sum otherwise payable to the Contractor such amount as may be sufficient to remedy any defect or deficiency in the work pending correction of it. 9. UTILITIES Sections GC2.01.01 and GC7.13.02 of the General Conditions are deleted in their entirety and are replaced by the following: "The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction." SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2010-24 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 carried out. The cost of all such preventative measures shall be borne by the Contractor. 11 TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual), and as per the requirements of the Ontario Health and Safety Act Reg. 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. If required a minimum of two (2) TC-67 signs shall be supplied and erected by the contractor at contract limits with approved text, as directed by the Contract Administrator. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2010-24 5. ' 13. MAINTENANCE OF TRAFFIC The Contractor will be required to maintain traffic in both directions on the street to be resurfaced. The Contractor may wish to temporarily close one lane of traffic to facilitate construction of the improvements. The Contractor shall ensure that every reasonable effort shall be made to provide vehicular access to homes and other properties within the limits of the project at the end of each working day. Where this is not possible prior arrangements must be made with affected home owners. 1 The Contractor must also ensure that access to commercial establishments within the limits of the Contract are maintained at all times. It is understood that implementation of traffic controls will require ongoing review and adjustment to ' suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Contract ' Administrator. The Contractor will also be required to take out Road Occupancy Permits with the Municipality of Clarington and the Region of Durham for all locations Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surtace within the Contract limits in a condition satisfactory to the Engineer and such that any emergency vehicles ' may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the Contract limits and within the Contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road ' closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. ' It will be the Contractor's responsibility to keep the Police, Fire, Hospital and Ambulance services informed of any changes to the road closure. ' It is the responsibility of the Contractor to visit the site to become familiar with existing traffic volumes and patterns. No specifc AADT (Average Annual Daily Traffic) is available at this time. However, the Contractor shall take into consideration all traffic into and out of the job site area as will occur during regular working hours. ' No claims for delays due to traffic will be considered for compensation. The Contractor shall be responsible for all detour signing outside the Contract limits. 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 ' SPECIAL PROVISIONS -GENERAL CONTRACT N0. CL2010-24 6. requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. , It shall be the Contractor's responsibility to ensure that erosion and sedimentation control measures within the limits of the Contract are in place and fully operational to the satisfaction of the Contract Administrator, should the onset of severe inclement weather be forecast. Should the Contractor be unable to carry out immediate remedial measures required, the Authority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 15. ENGINEERING FIELD OFFICE A separate field office for the Contract Administrator will not be required on this Contract. The Contractor shall, however, permit the Contract Administrator to make use of his office ' accommodation and other facilities as required, and at no extra cost to the Authority. 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL , The requirements of OPSS 180 shall apply to this Contract, revised as follows: .1 Section 180.03, Definitions, shall be amended by the addition of the following: ' Work area: means the road allowance, right-of-way, and property with a boundary common to the road allowance or right-of-way within the Contract limits. , 2 Subsection 180.07.02, Conditions on Management as Disposable Fill, shall be amended by the addition of the following: ' Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backf II 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. ' SPECU\L PROVISIONS -GENERAL CONTRACT NO. CL2010-24 r 1 ~~ 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 -DESIGNATED SUBSTANCES T. In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. Designated Substance Identified on this Site Location Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No Mercury No Silica No Vinyl Chloride No 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. SPECU\L PROVISIONS -GENERAL CONTRACT NO. CL2010-24 18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHIMIS) Reporting Section GC4.03.06 is deleted and replaced with the following: 8. Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labeled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 19. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 20. PROTECTION OF WATER QUALITY At all times, the Contractor shall 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. The Contractor shall not carry out equipment maintenance or refueling or store fuel containers within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or empty fuel/pesticide containers within the Contract limits. 21. TRAFFIC AND STREET SIGNS The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2010-24 9• ' Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as "Stop' and "Yield" must be maintained throughout. 22. GARBAGE COLLECTION AND MAIL DELIVERY SERVICE ' The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shalt make arrangements directly with the collecting agency, to permit and coordinate pick-up. ' 23. ASPHALT MIX DESIGNS ' The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract. ' 24. PREPARATION AND POSTING OF REQUIRMENTS 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, includ+ng the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. ' The Contractor shall have personnel trained in rescue procedures readily available on site. 25. CONFINED SPACE ENTRY ' Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on ' site. The following equipment shall be made available on request: ' • Mechanical Ventilation Equipment • Gloves • Gas Detector (C95-80) SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2010-24 10. • Full body harness securely attached to a rope • Rope • Gas mask or dust, mist or fume respirator (optional) • 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily ' • available to supply air for instant egress) • 7 minute Escape Pack • Explosion-proof temporary lighting , • Adequate clothing to ensure protection against abrasions and contamination. In addition the ConVactor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand. ' 26. ENTRY ONTO PRIVATE PROPERTY ' The Contractor shall not enter private property or property which is to be acquired to construct the works without the prior consent of the Contract Administrator. This requirement will be strictly ' enforced. 27. STORAGE AREAS , Clause GC7.03.01 of the General Conditions of Contract is amended by the addition of the following: The use of the road right-of-way as a long term storage area is not allowed under this Contract. The , storage of materials and movement of equipment will only be allowed for normally accepted construction practices. 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 ' 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, ' ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2010-2A ~ 1 ' as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. ' Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract ' Documents. ' 30. PAYMENT FOR ADJUSTMENT FOR CHANGES IN THE MINISTRY OF TRANSPORTATION'S PERFORMANCE GRADED ASPHALT CEMENT PRICE INDEX The Owner will adjust the payment to the Contractor based on changes to the Ministry of Transportation's (MTO) pertormance 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 wilt ' 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 aft grades. 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 6e no payment adjustment established for that month. Payment adjustments due to changes in the price index are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted into the Work during the month for which it is established. However, a payment adjustment ' will not apply to paving work done after the approved time for completion of the Contract has expired, including the expiration of any extensions of time that have been granted. The payment adjustment for the month will be calculated from the following formulae: 1. When Ip is greater than 1.10 ITO, the payment adjustment per tonne of asphalt cement is (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 SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2070-24 72• 1 Where: , PA =payment adjustment for new asphalt cement, in dollars d h i hi h t ' en ers n w c ITO = performance graded asphalt cement price index for the mont were opened for the Contract Ip =performance graded asphalt cement price index for the month in which paving occurs The quantity of new asphalt cement includes all grades of asphalt cement supplied by the Contractor ' with and without polymer modifiers. For each month in which a payment adjustment has been established, the quantity will be calculated using the hot mix quantity accepted into the Work and its corresponding asphalt cement content as required by the job mix formula except for mixes which contain reclaimed asphalt pavement. ' For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be determined from the difference between the asphalt cement content required by the job mix formula ' and the asphalt cement content of the reclaimed asphalt pavement incorporated into the hot mix, as calculated by the Contract Administrator. For mix containing a liquid anti-stripping additive, the quantity of anti-stripping additive will be t deducted from the quantity of new asphalt cement. No other deductions will he made for any other additives. ' For progress payment purposes, a final adjustment amount will be calculated once all asphalt has been placed. , 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 "Alternatively" and ending "paid" is deleted and replaced by "The Municipality shall not be liable to the Company for loss of anticipated profit". ' SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2010-2A 13. 32. 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. CL2010-24 Dear Sir: I hereby certify that (Name of Contractor) have fulfiNed 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. 1 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2010-24 ' SPECIAL PROVISIONS -TENDER ITEMS ' K:SDepF 3433~1124464SpeesVRe-TenderVCL2010-24 - SP-Tl.doc u ORDER OF PRECEDENCE PAGE ONE SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2010-24 Where a Specification or Standard exists in the Municipality of Clarington "Design Guidelines and Standard Drawings" for any element of the works, the Municipality of Clarington Specification or Standard shall take precedent over the contract "Special Provisions -Tender Items° or the "Ontario Provincial Standards". OVERVIEW I1 IJ Part A -Black Creek Trail Road Section Length - 405m (including Cul-deSac) Pavement Width - 8.0 m + 30m Cul-de-Sac • H.L.-3 -40 mm depth, including tack coat and padding • H.L.-3 - 50 mm depth, driveways H.L.-8 - 50 mm base asphalt repair as required • Granular'A' - 50 mm depth base repair Full depth base and subbase repair, 150 mm Granular'A', 300 mm Granular'B', Type I • Full depth crack repair Removal and replacement of sidewalk • Removal and replacement of curb and gutter • Removal and relaying of brick pavers and placement of new brick pavers in sidewalk • Adjustment of catchbasin and maintenance hole structures and valve boxes • Cold milling 40 mm depth • Terraseed Restoration, as required ' Part B -Windsor Valley Gate Road Section Length - SOm Pavement Width - 8.0 m ' H.L.-3 - 40 mm depth, including tack coat and padding • H.L.-3 - 50 mm depth, driveways • H.L.-8 - 50 mm base asphalt repair as required ' Granular'A' - 50 mm depth base repair Full depth base and subbase repair, 150 mm Granular'A', 300 mm Granular'B', Type I Full depth crack repair ' Removal and replacement of sidewalk • Removal and replacement of curb and gutter • Removal and relaying of brick pavers and placement of new brick pavers in sidewalk Adjustment of catchbasin and maintenance hole structures and valve boxes Cold milling 40 mm depth • Terraseed Restoration, as required ' Part C -Carriage Lane Road Section Length - 132m Pavement Width - 8.0 m ' H.L.-3 - 40 mm depth, including tack coat and padding • H.L.-3 - 50 mm depth, driveways • H.L.-8 - 50 mm base asphalt repair as required ' Granular'A' - 50 mm depth base repair • Full depth base and subbase repair, 150 mm Granular'A', 300 mm Granular'B', Type I 1 SPECIAL PROVISIONS -TENDER ITEMS , CONTRACT NO. CL2010-24 2• • Full depth crack repair • Removal and replacement of sidewalk • Removal and replacement of curb and gutter • Removal and relaying of brick pavers and placement of new brick pavers in sidewalk • Adjustment of catchbasin and maintenance hole structures and valve boxes • Cold milling 40 mm depth Terraseed Restoration, as required Parts D and E-Ontario Street Road Section Length - 372m Pavement Width - 9.5 m • H.L.-3 - 40 mm depth, including tack coat and padding • H.L.-3 - 50 mm depth, driveways • H.L.-8 - 50 mm base asphalt repair as required • Granular'A' -150 mm depth base repair Full depth base and subbase repair, 150 mm Grenular'A', 300 mm Granular'B', Type I Full depth crack repair • Removal and replacement of sidewalk • Removal and replacement of curb and gutter • Removal and relaying of brick pavers and placement of new brick pavers in sidewalk • Adjustment of catchbasin and maintenance hole structures and valve boxes • Cold milling 40 mm depth • Terraseed Restoration, as required Part F -Hillside Drive Road Section Length - 232m Pavement Width - 6.7 m • H.L.-3-60 mm • H.L. -3 - 50 mm, driveways • Granular `A' 25 mm depth base cap • Full depth base and sub-base repair, 150 A, 300 B • Removal and relay of brick pavers (driveway's) • Full depth asphalt removal Teraseed restoration • Culvert replacement • Ditching Part G -Hillside Court • H.L.-3-60 mm • H.L. -3 - 50 mm, driveways • Granular'A' 25 mm depth base cap • Full depth base and sub-base repair, 150 A, 300 B • Removal and relay of brick pavers (driveway's) Full depth asphalt removal Teraseed restoration • Culvert replacement • Ditching Part H -Davis Court H.L.-3-60 mm • H.L. -3 - 50 mm, driveways • Granular `A' 25 mm depth base cap u u n ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2010-24 ' Full depth base and sub-base repair, 150 A, 300 B ' Removal and relay of brick pavers (driveway's) Full depth asphalt removal • Teraseed restoration • Culvert replacement ' Ditching Part 1-Windsor Valley Place ' Road Section Length -278m (including Cul-de-Sac) Pavement Width - 8.0 m + 30m Cul-de-Sac North-South Lea • H.L.-3 - 40 mm depth, including tack coat and padding • H.L.-3 - 50 mm depth, driveways • H.L.-8 - 50 mm base asphalt repair as required ' Granular'A' - 50 mm depth base repair • Fulf depth base and subbase repair, 150 mm Granular'A', 300 mm Granular'B', Type I • Fuil depth crack repair • Removal and replacement of sidewalk ' Removal and replacement of Curb and gutter • Removal and relaying of brick pavers and placement of new brick pavers in sidewalk • Adjustment of catchbasin and maintenance hole structures and valve boxes ' Cold milling 40 mm depth • Terraseed Restoration, as required Cul-de Sae + Isolated krcations ' H.L.-3 - 40 mm depth, including tack coat and padding • H.L.-8 - 50 mm depth • H.L.-3 - 50 mm depth, driveways • Granular'A' - 50 mm depth base repair • Full depth base and subbase repair, 150 mm Granular'A', 300 mm Granular `B', Type I • Removal and replacement of sidewalk • Removal and replacement of curb and gutter • Removal and relaying of brick pavers and placement of new brick pavers in sidewalk • Adjustment of catchbasin and maintenance hole structures and valve boxes • Full Depth removal of Existing Asphalt • Terraseed Restoration, as required Part J - Solina Road (Provisional) ' • Fu{I depth reclamation • H.L. -8 - 50 mm • H.L. -3 - 40 mm • Granular 'A' as required, 0-50 mm ' H.L. -3 - 50 mm Driveways • Ditching • Culvert replacement Part K -Concession Road 6 • Full depth asphalt removeal • Granular `A', 50 mm • Asphalt guttor • Adjust Catchbasin's and Manhole's t 3. 1 SPECIAL PROVISIONS -TENDER ITEMS ' CONTRACT NO. CL2010-24 4, PARTIAL DEPTH ASPHALT REMOVAL -ITEMS NO. A1, B1, C1, D7, E1 AND 11 ' Payment shall be made under these items, for the unit price bid, for grinding of asphalt to allow for the , placement of Hot Mix H.L.-3. Partial asphalt removal depths shall typically be to a total depth of 40mm for all locations but depths may vary from site to site. There may be areas that require a tapered grind or no grinding at all to allow for cross fall correction as necessary. Payment will be made based on actual area ' milled regardless of depth. All milled material shall be disposed of by the Contractor, at an off site kx;ation. Coordination with Daryl Bradworth of The Regional Municipality of Durham. The Contractor shall contact Clarington Operations Depot (Regional Road 42 (Darlington/Clarke Town , Line), south of Highway #2. Contact Larry Postill of the Operations Department, Municipality of Clarington at 905-263-2292} as a primary source of disposal. Failing disposal at this location, all material shall be disposed of at an off site location arranged for by the Contractor. ' Traffic Engineering and operations for placement of bop detectors in base asphalt on Centerfiekl Drive. FULL DEPTH ASPHALT REMOVAL -ITEMS NO. F1, G1, H1, 12 AND K1 All asphalt material removed to full depth, shall be disposed of off site by the Contractor. Full depth , removal of asphalt shall include all asphalt regardless of the existing depth. Locations to receive full depth asphalt removal are to be identified by the ConUact Administrator prior commencement of any work under this Item. The estimated depth of existing asphalt for the purposes of full depth removal is 90mm at all locations. ' HOT MIX H.L: 8 BASE REPAIR -ITEMS NO. A2, B2, C2, D2, E2, 13 AND J5 ' Included under this Item, for the unit price bid, is the full depth base repair of asphalt. Repair shall consist ' of removal of existing asphalt as directed by the Contract AdminisVator, including sawcutting; and replacement with Hot Mix H.L.-8 to a depth of 50mm. Hot Mix H.L.-8 placement shall be completed in accordance with the specifications for Hot Mix Asphalt, including tack coat. Payment for all placed asphalt and sawcutting shall be considered inclusive of these Items. ' FULL DEPTH CRACK REPAIR - ITEMS NO. A3, B3, C3, D3, E3 AND 14 Included under thi It f th it i bid i th f ' s em, or e un pr ce s e ull depth repair of cracks. Repair shall consist of a minimum width of O.Sm removal of existing asphalt as directed by the Contract Administrator, including sawcutting, and replacement with Hot Mix H.L.-8 to a depth of 50mm. Hot Mix H.L.-8 placement shall be completed in accordance with the specifications for Hot Mix Asphalt, including tack coat. Payment for all placed asphalt and sawcutting shall be considered inclusive of these Items. FULL DEPTH SASE AND SUBBASE REPLACEMENT P i i l TE N A C ( rov ona ) -I 4, D4, E4, s MS O. 4, 64, F2, G2, H2, 15, J2 AND K2 Payment shall be made under these Items for the unit price bid for the excavation and removal of existing , granular road base to a sufficient depth to allow for the supply, placement and compaction of 150 mm Granular'A' and 300 mm of Granular'B', Type I. The unit prices bid shall include for disposal of excavated material off the site of the works at a location arranged for by the Contractor. ' All work associated with removal and replacement of existing asphalt at full depth base and subbase replacement locations shall be completed in accordance with and considered for payment under Hot Mix H.L.B Base Repair Items of this Contract , SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2010-24 5. ' No work shall be carried out under these Items without the written authorization of the Contract Administrator. GRANULAR `A' -ITEMS NO. -.ITEMS NO. A5, A6, 65, 66, C5, C6, D5, D8, Eb, E6, F3, F4, G3, G4, H3, H4, 16, 17, J3, J4 AND K3 ' Payment shall be made under these Items for the supply, placement and compaction of Granular `A' to the following depths: As required upon removal of asphalt to complete H.L.-8 Base Repairs. As required to shape roadway for repaving at full depth asphalt removal or pulverized locations • 150mm at Private entrances. This Item shall also include placement of Granular'A' in the shoulders. Granular'A' used in shouldering ' shall be graded at 6% away from edge of pavement. GRADING OF BLYDS -ITEMS NO. A7, C7, D7 AND E7 ' This unit price shall also include for excavating, removing and disposal of blvd material as required to provide positive drainage from sidewalk to road surface. Restoration will be paid for under the ' Terraseeding Item in this Contract. REMOVAL OF CURB AND GUTTER -ITEMS NO. A8, BT, C8, D8, ES AND 18 The unit price bid for these Items shall include for the following: ' Sawcutting of asphalt and curb and gutter to their full depths at the limits of removal as indicated by the Contract Administrator Disposal of concrete and asphalt rubble resulting from curb and gutter removal at an off site location, arranged for by the Contractor. The Contractor will de responsible for protecting all sawcut edges from damage until paving. Should the sawcut edge be damaged, the Contract Administrator can request that the asphalt be recut prior to ' paving at no additional cost. REMOVAL OF CONCRETE SIDEWALK -ITEMS NO. A9, C9, D9, E9 AND K6 ' Concrete rubble resulting from sidewalk removal shall be disposed of off the site at a location artanged for by the Contractor. The unit price bid shall include for sawcutGng, to the full depth of the existing ' sidewalk, at limits of removal, as indicated by the Contract Administrator. Payment shall also be made under this Item for the removal of patio stones, private concrete walkway and interlocking brick pavers, for the purposes of concrete sidewalk replacement. The unit price bid shall include for removal of concrete by jack hammer if required to ensure that there is no damage to existing asphalt driveways. SPECIAL PROVISIONS -TENDER ITEMS ' CONTRACT NO. CL2010-24 8• CONCRETE CURB AND GUTTER (ALL TYPES) -ITEMS NO. A10, 88, C70, D10, E70 AND 19 A 1.2 metre length of curb and gutter shall be isolated in accordance C-305 at each catchbasin where , curb is to be constructed. Where sidewalk abuts curb, a 50 mm key shall be constructed at the back of the curb in accordance with C-302. Where excavation is required, all equipment and labour to complete excavation shall be paid for under ' this Item. Restoration, including compaction, with 150mm depth of Granular'A' and 50mm depth of Hot Mix H.L.-8 asphalt of all areas disturbed through excavation and removal processes shall be paid for ' under this Item. Subsection 353.07.06 of OPSS 353 is amended in that transverse jointing of curb and gutter shall be at a maximum spacing of 3.0 m. Curb shall be constructed in accordance with Municipal Standard C-302 and C-305, and shall match existing adjacent curb and gutter. The unit price bid for this Item shall also include for the restoration of disturbed areas with topsoil to a , depth of 50 mm below finished grade. CONCRETE IN SIDEWALK -ITEMS NO. A11, C71, D11, E11 AND K7 ' Where new sidewalk abuts existing sidewalk an expansion joint shall be constructed at these bcations. Every joint shall be a contraction joint except where expansion joints are indicated. The unit price bd shall include for all minor excavation required where existing sidewalk or private walkways are being ' replaced. All sidewalk shall be constructed in accordance with Standard Drawing C-307. Payment shall also be made under this Item for construction of concrete private walkway. ' The face, mZ, of any concrete steps placed will be measured and paid under this Item. The unit price bid for this Item shall also include for the restoration of disturbed areas with topsoil to a , depth of 50 mm below finished grade. E12 AND K8 D12 C12 ITEMS NO A72 CK PAVERS ' , , . , - INTERLOCKING BRI Payment shall be made under this Item for the following work: ' • Supply and placement of grey brick pavers in running bond pattern in sidewalk adjacent to trees or at other locations as directed by the Contract Administrator. A single soldier course shall be laid on each side. The unit price bid shall include for the supply, placement and compaction of ' bedding sand. Granular'A' base shall be paid for underthe Grenular'A' Item. Base depth may be reduced if there is conflict with tree roots. The unit price bid shall include for cutting of pavers to fit existing features, valves, etc., as directed by the , Contract Administrator. Edge restraint shall be used in all applications and shall be metal or plastic, secured with spikes driven ' into the granular base, as supplied by the manufacturer of the unit pavers. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2010-24 7. REMOVE, SALVAGE AND RELAY INTERLOCKING BRICK PAVERS -ITEMS NO. A13, B9, F5, H5 ' AND 110 Payment under this Item shall be made for the following work: ' Removal, Salvage and Storage of Existing Brick Pavers • Supply placement and compaction of bedding sand. Granular'A' base shall be paid for under the Granular'A' Item. ' Relaying of salvaged brick pavers to match existing patterns. • Cutting of pavers to fit existing features, valves, etc., as directed by the Contract Administrator. Where bricks are broken or otherwise damaged during removal, all damaged bricks shall be supplied in ' matching colour and cut to match existing, at the Contractor's expense. ' ADJUST EXISTING MAINTENANCE HOLES AND CATCHBASINS -ITEMS NO. A14, B70, C13, D73, E13, l11 AND K11 Payment under this Item shall be made for adjustment of structures including removal and disposal of ' existing asphalt, including sawcutting, and restoration of existing road base, incuding compaction, with 150mm depth of Granular `A' and SOmm depth of Hot Mix H.L.-8 asphalt, as required. Hot Mix H.L.-8 placement shall be completed in accordance with the specifications for Hot Mix Asphalt, including tack ' coat. Adjustment shall be such that structures sit flush with cross-fall of final pavement elevation. The Contractor will be responsible for protecting all sawcut edges from damage until paving. Should the sawcut edge be damaged, the Contract Administrator can request that the asphalt be recut prior to paving at no additional cost. ' REBUILD EXISTING MAINTENANCE HOLES AND CATCHBASINS (Provisional) -ITEMS NO. A15, 611, C14, 014, E14 AND 112 Payment under this Item shall be made for the supply of all labour, equipment and material to make ' changes, either up or down, to the top elevation of an existing structure, regardless of type or size, including the removal or addition of cast-in-place or precast concrete sections. Paymen# under this Item for the unit price bid shall include for the removal and disposal of existing asphalt, including sawcutting, ' and restoration of existing road base, including compacfon, wfth 150mm depth of Granular'A' and 50mm depth of Hot Mix H.L.-8 asphalt, as required. Hot Mix H.L.-8 placement shall be completed in accordance with the specifications for Hot Mix Asphalt, including tack coat For the unit price bid the Contractor shall adjust the frame and grate such that structures sit flush with cross-fall of final pavement elevation. The Contractor will be responsible for protecting all sawcut edges from damage until paving. Should the sawcut edge be damaged, the Contract Administrator can request that the asphalt be recut prior to ' paving at no additional cost. Only those structures indicated by the Contract Administrator shall be paid for under this Item. ADJUST EXISTING WATER VALVES -ITEMS NO. A16, 612, C15, D15, E15 AND 113 Payment under this Item shall be made for adjustment of slide type valve box and tracer wire to finish grade, and shall include removal and disposal of all existing asphalt, including sawcutting, and restoration of existing road base, including compaction, with 150mm depth of Granular'A' and SOmm depth of Hot Mix H.L.-8 asphalt, as required. Hot Mix H.L.-8 placement shall be completed in axordance with the specifications for Hot Mix Asphalt, including tack coat. For the unit price bid the Contractor shall adjust valves to sit flush with cross-fall of final pavement elevation. SPECIAL PROVISIONS -TENDER ITEMS , CONTRACT NO. CL2010-24 8• The Contractor will be responsible for protecting all sawcut edges from damage until paving. Should the sawcut edge be damaged, the Contract Administrator can request that the asphalt be recut prior to , paving at no additional cost. Work under this Item shall also include replacement of upper sleeve of and cap of valve boxes as , identified by the Contract Administrator. Upper sleeve and cap materials shall be supplied by others. REMOVE AND REPLACE CATCHBASIN FRAME AND GRATES (OPSD 400.010) - REMS NO. A1T, , D15, E16 AND 114 Payment shall be made under this Item for the removal, salvage and delivery of existing catchbasin frame , and grates to the Municipality of Clarington Operations yard in Hampton, and for the supply and placement of new frame and grates in accordance with OPSD 400.010, as directed by the Contract Administrator. ' HOT MIX H.L: 8 AND HOT MIX H.L.3 -ITEMS NO. A18, 613, C16, D17, E17, F8, G5, H8, 115, 116, J5, J6 AND K12 , The Contractor shall supply all materials, equipment and labour required for the proper execution of paving in accordance with OPS 310. Asphalt shall be PGAC 58-28. ' The Marshall Stability for H.L.-3 surface course shall be a minimum of 8900. The unit price bid shall include placement of surface asphalt at all site locations, including tack coat at all , asphalt-asphalt, and asphalt-concrete interfaces. Hot Mix H.L.-3 shall be used for padding as directed by the contract administrator. , Note the contractor is responsible for providing mix designs as outlined in Clause 23 -Asphalt Mix Design, of the Special Provisions -General. thi It id d ' er s em. un Sawcutting and step joints, as required, shall also be pa Test Samples ' The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. Whitb iates Ltd i ld A s ti l b t G d , y. ., o er s oc ng a ora ory s tes For this Contract, the designate The Contractor will be responsible for providing samples for Quality Assurance (QA) at random locations throughout the site as required by OPS 310 or as directed by the Contract Administrator. At each , location, the Contractor shall take: 1. A sample for QA , 2. A referee sample to be kept and stored by the Contract Administrator 3. A OC sample to be retained and tested by the Contractor. OPS 310 is amended in that compaction testing for this project will be undertaken with a nuclear testing ' device. Core sampling will only be undertaken if there is a need to confirm nuclear testing results outside of specifications. ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2010-24 9. ' A pre-pave site meeting will be conducted to review testing procedures with the Contractor, the paving ' Sub-Contractor, the Contract Administrator and the Geotechnical Sub-Contractor for the project HOT MIX H.L.-3 -DRIVEWAYS -ITEMS NO. A19, B14, C17, D78, E78, F7, G8, H7, 117, J7 AND K13 The Contractor shall supply all materials required for the proper execution of paving in accordance with OPS 310. Asphalt shall be PGAC 58-28. The Marshall Stability for H.L.-3 surface course shall be a minimum of 8900. The unit price bid shall include placement of H.L.-3 to a depth of SOmm, or to match existing depth, at all ' driveway locations, including talc coat at all asphaltasphatt, and asphaltconcrete interfaces. The unit price bid shalt include for removal and disposal of existing asphalt, fine grading of granular material, sawcutting, and hand work as required, to accommodate asphalt placement. Asphalt placement shall span the entire width of the driveway and extend longitudinally as directed by the Contract Administrator. ' Note that the Contractor is responsible for providing mix designs as outlined in Clause 23 -Asphalt Mix Design, of the Special Provisions -General. ' sawcutting and step joints, as required, shall also be paid under this Item. Test Samales The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. ' For this Contract, the designated testing laboratory is Golder Associates Ltd., Whitby. The Contractor will be responsible for providing samples for Quality Assurance (QA) at random locations throughout the site as required by OPS 310 or as directed by the Contract Administrator. At each location, the Contractor shall take: 1. A sample for QA 2. A referee sample to be kept and stored by the Contract Administrator 3. A QC sample to be retained and tested by the Contractor. OPS 310 is amended in that compaction testing for this project will be undertaken with a nuclear testing ' device. Core sampling will only be undertaken if there is a need to confirm nuclear testing results outside of specifications. A pre-pave site meeting will be conducted to review testing procedures with the Contractor, the paving Sub-Contractor, the Contract Administrator and the Geatechnical Sub-Contractor for the project. ' TERRASEEDING - ITEMS NO. A20, 815, C18, D19, E19, F8, G7, H8, 118, J8 AND K15 TerraseedingT"'organic Soil Amendment and Seed Cover Establishment. ' This product shall be used at all areas disturbed during construction processes. Prior to placement, the receiving area must be inspected and approved by the Contract Administrator. SPECIAL PROVISIONS-TENDER ITEMS , CONTRACT NO. GL2010-24 10. This work shall consist of furnishing, constructing and maintaining a new vegetated surface composed of an organic growing media injected with seed. This surface must be constructed with a pneumatic blower unit complete with a supplemental granular injection system capable of installing at least 15 cubic meters , per hour. Compost and seed shall be applied at a minimum depth of 50 mm. To be installed by: , Hermanns Contracting Limited 1510 Hwy. 27 Schoenberg, ON LOG 1T0 ' (905)939-1230 OR ' Landsource Organix Ltd. 100 Britannia Road East Milton, Ontario, Canada LOP 1 EO 1 877 548-8558 ' Web: www.landsourceorganix.com OR Approved Equal ' Material: The material shall consist of composted materials, according to certain particle sizing specifications. ' Particle size: 99% passing through a 25 mm sieve. Organic Soil: The amendment shall be derived from 100% well-decomposed green waste organic matter , produced by composting sites who meet or exceed MOE Compost Regulation 101 as well as meeting the Canadian Council of Ministers of the Environment's (CCME) definition for Type "A" Compost (See "Support Document for Compost Quality Criteria", CCME). , Quality Assurance: A proof of compost quality meeting CCME guidelines by an approved laboratory shall be submitted to the engineerllandscape architect for approval prior to installation. Li d ' mite ), Seed Mix shall be Short Native Prairie Grass Mix as supplied by OSC (Ontario Seed Company 1-800-465-5849, www.oscseeds.com , or approved equal. Application Rate: 12kg/ha. A nurse crop of annual ryegrass shall be inGuded with the seed mix, at a rate of 22kg/ha. , The application shall be uniformly applied directly at the soil surface with a pneumatic blower. Terraseeding shall not be applied over french drain. Seeding shall be performed within the local region's seeding deadlines. ' The Contractor shall maintain the surface in a functional condition for a period of one year. Contractor shall make periodic inspections of the composted surtace for effectiveness and shall immediately correcf 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: Pertormance Measure: All compost and seeded 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 surtace shall be visually intact and shall form a uniform cohesive mat. , ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2010-24 11. ' Failure to Meet Performance Measure: If the completed work does not meet the Perfomranee 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 Pertorrnance Measure after the sixty-day inspection, the ' Contractor shah re-apply the specified materials in accordance with O~is specification within 14 calendar days of receiving the notification. ' The Contractor shall maintain the site until conditions permit application or re-application of compost and seed. All replaced compost and seed shall be subject to the Quality Assurance section of this specification. ' ACRYLIC POLYMER DRNEWAY SEALING (Provisional) -ITEMS N0. A21, 618, C19, D20, E20, F9, G8, H9, 119 AND J9 ' Where directed by the Contract Administrator, the Contractor shall supply and place driveway sealant on driveways or driveway aprons. The unit price bid shall include for all labour, equipment and materials as required to complete the driveway sealing, including: Application of acrylic polymer sealant by spraying. Removal of all mud, vegetatron, loose sand or gravel, etc. from the area to be sealed. Wash entire surface with water, brush dirty spots and rinse. ' Clean oil spots with special oil cleaners as recommended by sealant supply company. More persistent spots should have oil primer applied, as recommended by the sealant supply company. Lightly dampen surtace with water prior to applying sealant. ' Contractor to ensure no overspray onto adjacent areas. Any damage caused by overspray will be corrected at the Contractors expense. ' DITCHING -ITEM NO. F70, G9, H10 AND J10 ' The unit pace bid shall incude for full compensation for all labour, equipment and material necessary to do the work, including provision of traffic control as per OTM Book 7. The locations 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. Shauld roots be severed, they shat{ be cut cleanly with sharp pruning tools. ' 450 mm DIA. PLAIN GALVANIZED CORRUGATED STEEL PIPE CULVERTS, RNETED, 2.0 mm GAUGE (Entrance) -ITEMS NO. F71, H11 AND J11 ' For the unit price bid, the Contractor shall supply all labour, equipment and material to complete the following: • Excavation, embedment and backfill. Backfill shall be approved Native material. • Embedment shall be Type 'B' bedding in accordance with C-108. All CSP material under this Item shall be Plain Galvanized Corrugated Steel Pipe, 2.0 mm gauge. Standard annular, five corrugation couplers shall be used to accommodate section connections. Each coupler shall be covered with a 600 mm wide strip of geotextile, non-woven Armtec 200 and SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2010-24 12. secured to the pipe arch at several locations with a bonding material to prevent dislocation during baekfilling operations. , 600 mm DIA. ALUMINUM STEEL TYPE 2, CORRUGATED STEEL PIPE CULVERT, RIVETED, 2.0 mm GAUGE (Including Frost Taper) -ITEM NO. F72 ' For the unit price bid, the Contractor shall supply all labour, equipment and material to complete the following: • Excavation, embedment and backfill. Backfill shall Granular'B', Type 1. • Embedment shall be Type 'B' bedding in accordance with C-108. • Excavate for bedding and frost tapering shall be taken as 1.3 m. ' • Supply, place and compact Granular'B', Type 1 backfill to culverts and frost tapers up to subgrade level. The frost taper shall be excavated and constructed in accordance with OPSD 803.031. • All CSP material under this Item shall be Aluminized Steel Type 2, Corrugated Steel Pipe, 2.0 , mm gauge. • The corrugated steel pipe shall be manufactured with the required manufactured tee to accommodate the installation of 300 mm wide strip of Geotextile, non-woven Armtec 200 and ' secured to the pipe arch at several locations with a bonding material to prevent dislocation during backfilling operations. ' REMOVAL OF CULVERTS -ITEM NO. F13, H73 AND J73 Backfill to excavations resulting from storm sewer removal which is below subgrade level shall be with ' approved native material. Pipe shall be removed from site and disposed of at a location arzanged for by the Contractor. Payment for removal of existing culverts and sewers not shown on the Contract Drawings, and , designated for removal by the Contract Administrator, shall be removed as part of this Item. Payment under this Item shall also include for identifying existing laterals connected to the sewers being , removed. ASPHALT GUTTER -ITEMS NO. G10, H12, J12 AND K4 , Under this Item, the Contractor shall be paid for all labour and equipment necessary to place a formed asphalt gutter in accordance with OPSD 601.010. remuneration for asphalt tonnages for gutter ' construction will be made under the Item for Hot Mix H.L.-8. IN-PLACE FULL DEPTH RECLAIMATION OF BITUMiNUS PAVEMENT AND UNDERLYING , GRANULAR -ITEM NO. J1 For the unit price bid, the Contractor shall. complete the following, at all locations, as identified by the Contract Administrator: • Pulverizing of existing asphalt pavement of varying depth, and underlying Granular'A' to a 100 mm depth. • Grading and compacting all pulverized material to meet road grade and compaction requirements as directed by the Contract Administrator. ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2010-24 C' ~I C"~II ~J I~ LJ i 13. • All excess material, not used in road grading, shall be disposed of at an off site at a location, arranged for by the Contractor. • The cost for stripping ,removal and disposal of existing organic material on the existing road shoulder/platform is to be included in the Item. REMOVAL OFCATCHBASINS -ITEM NO. K9 Ali frames, grates, covers and concrete rubble resulting from structure removal shall be disposed of off the site at a location arranged for by the Contractor. Void left by structure removal shall be backfiiled with approved native material or Granular'B', Type I. PLACE CATCHBASINS -ITEM NO. K10 Structures shall be installed in accordance with Municipal Standards C-101, C-102, C-104, C-105, C-113, C-114 and OPSD 400.010. compacted sand backfill shall be placed around the structures to the dimensions indicated. The unit price bid under these Items shall include for the folowing: • Placing a minimum of one adjustment unit and maximum of 300 mm of adjustment on each maintenance hold or maintenance hole / catchbasin. All catchbasins shall be fitted with sumps. Maintenance holes shall be benched. Maintenance holes and catchbasins shaft be fitted with frames, covers and grates in accordance with OPSD 400.010 and Municipality of Clarington Standards C-113 and C-114. All structures within roadway shall be constructed to the level of base course asphalt. PAVEMENT MARKINGS -ITEM NO. K14 Pavement Markings to be organic solvent based traffic paint and shall be Ontario White or Yellow. The Contract Administrator shall provide a direction as to the limits and extent of pavement markings prior to the commencement of any work under this Item. MISCELLANEOUS WORKS (Provisional) -ITEM NO. K76 Payment shall be made under this Item on a time and material basis work, not included elsewhere in the Contract and where agreed with the Contract Administrator. The work under this Item shall include, but is not limited to the following: • Re-location and removal of plantings not designated on the Contract Drawings. • Re-location of plant material and gardens not noted on the Contract Drawings and as directed by the Contract Administrator. Where additional materials are needed, these shall be purchased by the Contractor and reimbursement shall be on the basis of invoicing. No work shall be done under this Item without the authorization of the Contract Administrator. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL2010-24 14• ASPHALT CEMENT PRICE ADJUSTMENT ALLOWANCE - ITEM NO. L1 Payment shall be made under this Item for payment adjustment for asphalt cement placed in the Contract , in accordance with Clause No. 30 of the Special Provisions -General. i i 1 ~~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-24 DESIGN GUIDELINES SECTION 900 INSPECTIONICONSTRUCTION SECTION 900 INSPECTION, MATERIALS AND CONSTRUCTI011~38 1.01 '[here guidelines are to be used in conjtmtxion with the conditions sd out in the Subdivision Agretanenl, in patticular Schcduk "1"-Duties of Ownds Fngittea and Schedule "[,"-Regulations far Consttttclion. 1.02 The Owner's Consulting Engineer shall provide full-tithe inspection and sup<avisiaa of all Works. i .03 The Consuting Engineer shall take extensive ptaonshuction photos of strnoondiag lands, and shallprovide dated/described copies of such photogwphs to the Mvuieiplity. 1.04 Construction sites are to be maintained to prevea amecessary ponding of water. 1.05 Prior to requesting the inspections (or re-inspections) from the Municipality, Ute Consulting Engineer sha11 verify the proper compldion of the Works, and submit a written request. ' 1.06 All equipment, materials and methods involved in trench backfill, filling, gtaoulars, concrete and asphak shall be monitored and Certified as acceptable by the owtuts Geotechnical Engineer (see attached form). Unless noted otherwise, the term «~« shall mean 95•/.Standard Pmctor or higher (native trra<erials) and 98% Standard Proctor or higher (granulaz materials). Such certification shall be in a form acceptable to Ure Diroclor and shall include all supporting documentation and test results. Mix designs for concrete and asphalt shall be otNained and approved by the Geotechnical Engineer. The Geotecturical Engineer shall ensure that the type, frequency, location and results of all tests is sufficient to ensure certification. Furthemrore, the Geotechnical Engineer shall ensure all results for a given stage of construction are acceptable prior to commencing the next stage of consWcUoa 2.0 2.01 All materials shall be visually inspected by the Consulting Engineer upon delivery, to ensure conformity with specifications and the approved engineering drawings, and to ensure any damaged/substandazd material is marked and removed from the site immediately. 2.02 Installation of stone sewers shall be continually mottored for adherence to proper bedding, pipe laying, backfilling and compaction procedures. All storm sewers, catchbasins and manholes shall be constructed true to line and grade. Street catchbasins are to be installed in precise alignment with curb lines, and no tolerances will be permitted. Rear Yard catchbasins shall be accurately surveyed and verified by the Consulting Engineer for correct location prior to the issuance of a Certificate of Completion. The precast tops of manholes and catchbasins shall be checked for excess brickwork prior to roadbuilding. INSPECTION, MATERULSAND CONSTRUCTT011~37 , { 2.03 Trench widths sit>>t be kept at a minimuaa, wink proving proper widdts to etub(e mechanical contpaaion. All toenching must adhere to Mioia4y of Labour roquneaoents. 2.04 Manholes as W be back611ed with compacted sand, extending min 1.0 m flan the outside face of the structure. (Catchbasias min. 300mm hero the face of the sUudure). 2.05 House coanectioas shall extend LS m into the lots sect be plugged with aipptoved removable plugs. Bedding shall be as per approved stwdard drawing. Tees sha8 bepre- maaufacttued for pipes 450mm diameter sad smaller, rnred (oa site) if 525tmt diameter or larger, and shall be socwe and watertight. T'he iaveri of all tees shall be kcated above the springline of the sewer main and sha4 be a minimum of 600tnm from We seuest adjacent tee a joint, unless approved otherwise. 2.06 Concrete pipes iron/out of manholes shall be concrde cradled precisely to the fast joint. 2.07 All storm sewers, including street and rear yard catchbasin leads (and individual service laterals where directed), shall be inspected using approved high quality video recording equipment and procedures. The inspection shall be carried out in a manner acceptable to the Municipality and all video tapes shall be submitted to dre Municipality for review and petmattent storage. Video re-inspections may also be requested. 2.08 ht5ltration shall not be pernuttod into the storm sewer system. All leaks shall be investigated to dMermine their source and shall be corrected to the satisfaction of the Municipality. 2.09 Pipes which have failed in any manner, including cracking (0.3mm design loading cracks excepted), exposed reinforcing or other defects, shall be removed and replaced to the satisfaction of the Director. No repairs shall be undertaken without the consent and the direct supervision of the Municipality. 3.0 DACKFII.LING, GRADING AND GRANUt.AR ROAD BASE 3.O1 Backfill containing organic or frozen material, or excessively moist material which cannot support conventional compaction equipment, sfial{ be deemed unsuitable and shall not be used. The initial lift of native backfill shall not exceed !.0 m in depth above the compacted sand cover over the storm sewer and each additional lift shall be placed in layers not exceeding 300mm loose measurement (unless pre-authorized by the l;eotechnical Engines). Each lift shall be compacted until it has achieved the specified density before any additional lifts aze placed. 3.02 Backfilling operations shall fo8ow pipe installation as closely as possible and be limited to 75 metres of open trench maximum. INSPECTION, MATERIALS AND CONSTRUCTION-38 4 3.03 The Geota~aical Eagirtea shop dotamtent all tests, including failures and retests, in sequential order, continuously throughout We project A copy of all test results shall be kept at the site trailer, in addition to providing daily Plotting of all test results on the plan ' and pmfik drawings. 3.04 The l..oasttlliog Eogitrar shall enstae that the subgrade is Ime graded to the correct 1 width, and chat the minimwn 3•/. crossfall is consistently maintained, wim no longitudinal ruts permitted The Geotetimical Engineer shall etaploy appropriate testing measttros to assess the suitability of the subgrade, including proof-rolling, and shall make appropriate rotwaaneadations to the Cortsaltiag Engineer and Mwrictpality. Whenever possible, localized soft area in the subgrade shalt be rtilrhrced wiW suitable active material, ~t graoulaz material. Wha- additional granulars must be used, they should be considered oa a street by street basis. Subdrains must then be lowenod accordingly, and 10:1 frost teas must be provided. 3.05 Subdrains shall be installed only after the sutrgrade has been proof-rolled and the road structure has been finalized. Subdrains shall be installed true to line and grade, io a trench condition, and shall be baclmAed with approved granular material having ~ aggregates not exceeding l9rnm. All subdrains shall be supplied with a titter sock. 3.06 The Geotechnical Engineer shall confirm (in a form acceptable to the Municipahty) the ' , acceptability of each stage of roadbuilding prior to subsequent stages coaunencing. Subsequent stages of road wnstnrction shall not proceed without approval from Municipal staff. t 3.07 After base cuibs are installed, all Granular B must be regraded and verified by Municipal staff prior to placing Granular A. (Any Granular A placed prior to base curbs shall be considered Granular B). 3.08 Granular material shall be tested in accordance with the latest O.P.S.S. specifications. Material shall be tested at the pit and also as it arrives on site. Material not conforming to the specifications shall be rejected and removed from site. 4.0 CONCRETE WORKS 4.O1 Concrete to be supplied by M.T.O. approved sources only. All concrete shall be monitored arrd all applicable tests (compressrve strength, slump, au entrainment, etc.) shall be tamed out by the Geotechnical Engineer as specified in accordance with the applicable OPSS and ASTM specifications. Any material not meeting specifications shall be rejected immediately. 4.02 All concrete to be placed as per the Municipality's Standard Drawings. Contraction joints shall be in accordance with the Municipality's standard drawings and shall be completed ' as early as practical and before any initial cracking occurs. Large cracks or several I INSPECTION, MATERIALSAND CONSTRUCTTON-34 smaller cracks between txxitratdion joints in curbs wifl trquioe rapoval and rtpiacentent of that section of curb. Sidewalks with distinct cracks will also require replacanatt 4.03 Curing compound aiult be generously applied to all exposed ootxxde stafaces, regardless , of ambient teanpuatwes or season, between t sect 2 horns of finishing. 4.04 All curbs to be phttxd using approved curb machines. Excess coucrde totmed during curb machine plaoatteat shall be pmttiptly trimmed and moved prior to settimg. the minimum leagth of catb to be ranoved and teplacod shall fie 1.5 m. No cotict¢le p~dt , repairs shall be permitted. 4.05 Prior to placaoent of top nub, base curb shall be cleaned and then ingrxted by Municipal staff: Base curb and stirrups shall be repaired andlor replaced as directed. 4.06 The depth of top curb at the edge of pavement shall trot be less than I OOrnm and shall be wtttinually verified by the Cottsuhing Engireer. 4.07 Immediately prior to the placemwt of top ranb or sidewalk, the existing surface shall be dampened with water to prevwt leaching of ttroisttme Loth the fresh coacrete. 4.08 Driveways to be as per approved house siting plains, with minimum widths of 4.6m for single detached homes. 5.0 ASPHALT PAYF.IttENf 5.01 All asphalt pavemwt materials shall be supplied by MTO approved sources, in accordance with OPSS 310, 1003 and 1150 (latest revisions Iltereof). Marshalllextraction/density tests shall be carried out by the Geotechnical Engineer in accordance with OPSS and relating to the approved mix design. Rote: Provincial abe Municipal projects differ with respect to contract administration, paving project sizes, Quality ControUQuality Assurance procedures and testing frequencies. As such, several OPSS specifications are not appropriate for Municipal use and shall not apply, as determined in the sole discretion of the Director. Since curvet testing methods do not enableongoing monitoring {and therefore corrective action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure, through their even Quality Control methods; That their product meets the basic standards with no exceptions for `borderline' test results permitted. Any reference to `borderline' or to taking `immediate corrective action' based on notification of laboratory test results shall be deleted and the product deemed unacceptable. le. OPSS D310.08.04.02 which permits air voids beyond acceptable limits, provided (he 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. INSPEC770N, MATERlAI.S AND CONSTROCTTON-40 5.02 Prior to placing surfatxi asphalt, base asphaft shall be swept clean of all d'ut, dtibtis and dust. Areas of base asphalt shall be removed and rephtcod as directed, using a vertical sawcut at all perimeters. The use of a Gco~Grid or approved equivalent may also be diteeted by the Municipality. Low eras shall be padded to ensure a surface mat of uniform thitdtuess. 5.03 Each manhole is to be precisely raised to firul Bade, and verified by the Developer's Consulting Enginotx and Municipal staff: 5.04 Tack coat shall be applied just prior to surface paving operations and shall be albwed to dry until it is in a proper condition of tacldaess. The length of roadway prepared shall be limited to the immediate paving section, b reduce hacking. It shall be evenly ripplicd at the rate of 0.4 liheslsq. m taking are not to spray curbs, sidewalks or any other adjacerrt surfaces. 5.05 Driveway paving shall be fully isrspected and verified For depths of stone and asphalt, and the compaction thereof, and ensuring that asphalt is al a sufficient lernperatrue far placement. HL3A (III3~ will not be permitted, except in special cases with the approval of die Diroctor. Crowning or rounding of the lunestone will not be permitted. Materials testing may be required for driveway apron gravel and asphalt, as directed. 6.0 TOPSOII., SODDaVG AND SEEDING ' 6.01 AH areas requiring sod shall first be fine graded, inspecledby the Consulting Engineer, then prepared with 100mm of good quality topsoil Topsoil and soddingshall meet the requirements of OPSS 570 and 571, in addition to meeting any additional requirarrents ' set out in these specifications. Boulevards shall have 2% positive drainage toward the curb and shall be fully sodded, except in areas covered by driveway aprons or sidewalk. 6.02 All topsoil shall be Gee Gom native till or clay, roots, vegetation, weeds or debris, stones and clods over SOmm in diameter. Imported topsoil, if required, shall be fertile, bamy, screened material of a quality acceptable to the Director (containing approximately 4% organic matter for clay looms and 2% minimum organic mattec for sandy looms with acidity range of 6.0 PH). Topsoil infested by the seeds of noxrous weeds will not be acceptable. 6.03 All sod shall meet the requirements of Ontario Sod Grower's Association No. 1 Bluegrass Fescue Nursery sod. The sod shall be taken from good loamy soil and shall be healdry, well permeated with mats, have uniform texture and appearance and be free Gom weeds. Sod must be laid within thirty-six (36) hours of being cut. Care must be taken during its transportation and placement to prevent any drying out. Sod shall match Gush 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 L INSPECTION, MATERIALS AND CONSTRUCTION-41 , ~ drainage is maintained and a smooth transitron is achi~wed On slopes 3:l and steeper, sod shall lie stated as retfuired. 6 OA . Laid sod shall be immediately ro»ea to produce >4 even sum aM watering shall cotttmwce immediately thereafter aad shall continue on a t+egtdar basis aNil heaNhy toots are welt established and pettttanent If sod fails to establish immediately, it shall be removed and tephtced. IJo attempt shall be made to hY ~ ro-establish weak/dead sod through continual watering, unless specific permission is granted by dro Dirodor. The entire work ahaU be done in a thoroughly wottoaanltke roamer with as even sorfivice, and professional in appearance. Any sod deeoted unlit by the l)irrctor shall be immediately removed from site and replaced. In this regard, it is in the best interest of the contractor to corrunnaicate with residatts regarding the noels of newly laid sod over the first year. 6.05 Where approved by the Municipality, hydraulic seeding acct mulching may be performed provided that it conforms to the Ontario Provincial Standard Specificafion No. 572. L~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL2010-24 u STANDARD DRAWINGS K:1Dept 3433\t 1244615pecslRe-Tender\CL2010-24 - StandDraw.doc PAGE ONE STANDARD DRAWINGS ' CONTRACT NO. CL2010-24 STANDARD NO. DESCRIPTION C - 113 ROUND MANHOLE FRAME AND COVER 1 302 STANDARD CURB AND GUTTER 305 CURB AND GUTTER DETAIL AT CATCHBASIN 307 309 STANDARD CONCRETE SIDEWALK DRIVEWAY APPROACH FOR RESIDENTIAL DRIVEWAYS 311 SURFACE PAVEMENT JOINT TREATMENT OPSD- 400.010 CAST IRON SQUARE FRAME WITH SQUARE OVERFLOW TYPE DISHED GRATE FOR CATCHBASINS 401.010 CAST IRON, SQUARE FRAME WITH CIRCULAR CLOSED OR OPEN COVER FOR MAINTENANCE HOLES 561.010 INTERLOCKING CONCRETE PAVERS ON GRANULAR BASE 608.010 METHOD OF TERMINATION, CONCRETE CURB AND GUTTER ' 803.030 FROST TREATMENT, CONCRETE CURB AND GUTTER 803.031 FROST TREATMENT -PIPE CULVERTS FRSOT PENETRATION LINE BETWEEN TOP OF PIPE AND BEDDING GRADE urr 1wlE D foo DaIIaD DaaDaDa g aDDaaaao OaaaDa aDaDa anaaaaa DoaaoDaoD D D COVER PLAN SECTION A-A 4.Smm MNC. 624 CIFARAIICE 114 29 29 2~ 1 1 ~~ _~ I SECTION B-8 NOTES 1 Allowable toleronce for dimensions of 300mm or less is t 3mm. 2 Allowable tolerance for dimensions greater than 300mm and up to 900mm is t 6mm. 3 The name of the manufacturer is to be distinctly east in raised letters. 4 The designation "STORM' and year of construction are to be distinctly cost in raised letters. AH dlmanNOna on In mitlimalna unfosa oiMrwlsa noted. ~~ 2004 ROUND MANHOLE ~~ FRAME AND COVER C-113 FRAME PLAN DEPRESSION SIOEwA1X !EDGE 550 (5EE NOTE {) ~ STANDARD CURB AND GUTTER OEPRESSON BARRIER CURB NOTES 1 Concrete shall conform to OPSS specifications (30MPo, 7% 11.57. air). 2 Contraction joints every 3.Om (mozimum). Saw-cuts to be 25% of total depth. 3 Curing compound is to 6e sprayed on within one hour of finishing. 4 Additional width required where curb is adjacent to sidewalk. All dM~nslon~ an In mRilmNru unlnt alhawla~ neNd. RE1rID0I1 N0. STANDARD CURB AND GUTTER "°~°"`° ~ ~. C-302 ------~( B ~ 1 1 1 1 DO ~ A oOO f 1 z I I \ I SEE I NOTE 2 B ----` -\yl A PLAN CB FT41E TO BE OOPRECILY --~ ~.Al1CN£D WITH PRECASr ///J 1 (-~l 1 I I 1 I ~-- 1 I I ~-- ---~ SHlPEO 1AEA IAIN. ONE #iORfAR lOP AND BOfIOY ROWS ONLY (A4WUrAC1UROr5 SEVANr TAPE 8Efl1EETi RaNS) SECTION A-A VFHfMK (iLUSH) CIIRe 70 BE I BASE CURB. - NLL OE-iN - EXPANSION JOIM SECTION B-B NOTES t For grate specifications see OPSO 400.010- 2 Stage I -temporary asphalt filler around catch basin including full curb. 3 Stage II -remove asphalt filler and complete curb in one pour. AN dimsnalona an in m1111malna uni~aa olharnl» noNd. CURB AND GUTTER DETAIL ~~ AT CATCH .BASIN C-305 „~. ~ ~: 41N. 0.3m APART ANa 1.Sm U7NG WYYON SPAgNO Or q]m BF1wED1 F70'AtRION JOINIS ANO MORE SOEwJU( ABV15 ANY NCN SIRUCRIRE 0.75 P0.0PFAIY IlC ~ _ _ - I E 1.5 n INF~RL~E ~ I I WNfRACnON JgNIS (lm'.) OFPNFSSm CURB~~ W 15 0.75 Ri I .~_ ,: ~~ 170mm COMPACIfD IlA71VE WTERUL 150mm AT ORNEN'A15 (5~ NDlES 1 AND 2) NOTES t Use t00mm composted granular 'A' if native moteriaf is deemed unacceptable by the Municipolity. 2 Subgrade material to be well compacted, then dompened immediately prior to pouring sidewalk. 3 Concrete sholl conform to OPSS specifications (30MPa, 776 t1.5x air). 4 Curing compound To be sprayed on sidewalk within 1 hour of finishing. 5 Expansion joints to be be placed full depth of sidewalk 6 Contraction joints to be 25x of full depth of sidewalk. 7 Surface of sidewalk to have o broom finish. dlmonslono on In motes onbss orilorwlao nolod. ' srrxom ouc STANDARD CONCRETE SIDEWALK C-307 zoos REFm m APPROYID HousE smHC ww (~ a.om> smEEr WE UMR OF APPRMGH PAVING - ~~ax TO SOmm NV ASPIWS `COARACIID S1RdtADE SIDEWALK SIDE OF STREET siREET uHE ,_ u To ax AIf `-WN. 550mm tltlIIJIM ~A OR CRUSHER RVH I1E510NE(COAIPACiEO) CDYPACfED SVBGtAUE N$ZN-SIDEWALK SIDE Of STREET on fn mlpimdru unNSS eMawlp rwtsd. DRIVEWAY APPROACH FOR RESIDENTIAL DRIVEWAYS RFN9p11 In. ~ nnE C-309 PA~flIFNf RASE PROPOSED PAVEAIQJT ro et: slam ~ m.~ ALL mar m ee PAwlm wlm A mm~ROlrs E/ARSIOR SECTION A-A All dlmanaloro an In millgnetra unlaao oM~nris~ nolad. EXISONC PA4EMFNT APPROAp ~ n:~.vox o4e SURFACE PAVEMENT JOINT TREATMENT """~ ~ 200A C-31 1 TO 8E REH0~4D M.^• ~ ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ! ~ ~ 820 ~-{ 152 612 108 A I 25 -'I~ 564 64 -~ ~ 64 32 ~~ r-.L C ---- ~ ~- I fl I T~~ o N 52 _ _ 44 i IIII c~v m -~ I-38 57F- ~ 102 I- o N 8 -~ n 102 I-~ 51 ~I. I Hoisting hook rib,` Typ, OPSD 400.001 17 See Slot Detoil - r A FRAME PLAN ~2s1-- SECTION B-B `~ 29 ~ r5~~~ N C- 48 R14.5 SLOT DETAIL -15 I 1 Y. NCI ~ 86 b ~ -I51 , , i1 I 20mm, Typ i6 76 ,~ 1 o a O -r ~ ~ D N N I; ~ , L i ~ .7 I I ~ i Y c~, D e 1 `J 1 I M N ` ~ 66 ~3 °o ~ I ~ u I n ~ , ~ jlj ~C4. . ` . ` __ - ~ I 1 I o T- C ~_ N 19mm dia hinge pin, Typ GRATE PLAN SECTION C-C SECTION A-A R838 R4.57m 25mm 25mm n `0 178 TYP -~{ I ~~ ~TYP 77 ~_ Icy I- ,IF(_ FuFa]-nyFa-(pn~J-C[n•~]-~11( 9 -I- N ,~ R25 R25 --~~-13mm, Typ n ~ NOTES: SECTION D-D SECTION E-E ---~-105--~ A This OPSD to be read in conjunction with OPSD 610.010 and 610.020. B All dimensions ore in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2007 Rev- 1 CAST IRON, SQUARE FRAME WITH _ _ _ _ _ _ _ _ `P -- s ~UARE OVERFLOW TYPE DISHED GRATE FOR _ _ _ _ _ _ _ _ _ _ _ CATCH BASINS, HERRING BONE OPENINGS OPSD 400.01 ~ 600 IA ~r Hoisting hook rib, ~ FRAME PLAN Typ, OPSD 400.001 - 0632 - 0624- - 0576 6 78 tss-i I ,ass? SECTION A-A R46 SECTION B-B R70mm min 150mm max Typ ~AC~® ®® ® ® ® ® ® ® -~D A N~G E R ~ o ® ® ® ® ® ® °° ® ® ® ® ® ® ® ® ®® ® ® ®® TYPE A CLOSED COVER Lift hole DI TYPE B OPEN COVER 062422r y222 0624 -{ 1° 11 24 ~ I I I- ~1- ~0 114 24 ~ ~~ ~ ~~ I I a ^ II' a '°- I 19 ~~ ~ 15 27 -I I-- 15 27 -i 0613 ~ 0613 SECTION C-C SECTION D-D ~*'-" NOTES: A Covers shall be Type A or Type Bas specified. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2007 Rev 2 srao CAST IRON, SQUARE FRAME WITH ° P ' CIRCULAR CLOSED OR OPEN COVER _ _ _ _ _ _ _ _ _ ~~~~ s ~u FOR MAINTENANCE HOLES OPSD 401.010 /®®® ®®®\ ®®®® ®® Boulevard or sidewalk Edge restraint ~ Curb and gutter, Note 2 Subdrain, Note 2 VEHICULAR NON-VEHICULAR NOTES: 1 Concrete paver thickness: - for vehicular traffic - SOmm minimum. - for non-vehiculor traffic - 60mm minimum. 2 This drawing is to be read in conjunction with OPSD 200 and 600 series drawings. A All dimensions are in millimetres unless otherwise shown. Nov 2006 INTERLOCKING CONCRETE PAVERS ---------- '~ ~P 5 ON GRANULAR BASE OPSD 561.010 Gul ELEVATION MOUNTABLE CURB WITH GUTTER Curb with gutter Gutter o curb ling ELEVATION BARRIER AND SEMI-MOUNTABLE CURB WITH GUTTER NOTES: 1 Slope to match existing shoulder. A This drawing is to be read in conjunction with OPSD 600 series curb with gutter drawings. B All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWI METHOD OF TERMINATION ~, FOR CONCRETE CURB WITH GUTTER Nov 2006 IRev 150mm min ~ i 11 I ,, ~1' zll'; I I, -I 225 ~-- END VIEW i50mm min i i I i I1 I Z 11' i r ~ i Ii --I Varies ~-- END VIEW PLAN N PLAN N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ Pipe to io(k - d ), ryp Granular Limit of --+' ~ ~' i. . backfill k Frost pipe clearance ~ i . f ~ tOPer, Not .TYP .~ ~ ~~ ~ i I i I .~ ~' Frost penetration line below bottom of bedding grade Note 7 Bedding grode FROST TREATMENT - RIGID AND FLEXIBLE PIPE NOTES: 1 Pipe embedment or bedding, cover, and backfill according to: a) Flexible - OPSD-802.010, 802.013, 802.014, 802.020, 802.023, and 802.024 b) Rigid - OPSD-802.030, 802.031, 802.032, 802.033, 802.034, 802.050, 802.051, 802.052, 802.053, and 802.054. 2 Frost tapers start at bedding grade. A Frost tapers are not required in ONTARIO PROVINCIAL rock embankment. LEGEND: d -depth of roadbed granular k -depth of frost treatment f -depth of frost penetration 2005 IRev FROST TREATMENT - PIPE CULVERTS FROST PENETRATION LINE BELOW BEDDING GRADE ----------~ s OPSD - 803.030 Pipe Type t and 2 soil Type 3 and 4 soil ~ sl I-- Note 2 *~ 1p tl i - Granular ~. ~' :"' ; ~~ backfill 'Limit of ~' ~` ~''' ' k=F ~ ~:' . ~: ..~:. .. Frost ~ Per ~ ~ ~. ~ ~ ' pipe clearance. Typf .. t~~ ~ ~ ~ . .. , .. . to i r' "r, Frost penetration line Note t between these limits Note 3 Edge of pipe Bedding grade FROST TREATMENT - RIGID AND FLEXIBLE PIPE NOTES: 1 Pipe embedment or bedding, cover, and backfill according to: a) Flexible - OPSD-802.010, 802.013, 802.014, 802.020, 802.023 and 802.024 b) Rigid - OPSD-802.030, 802.031, 802.032, 802.033, 802.034, 802.050, 802.051, 802.052, 802.053, and 802.054 2 Condition of frost treatment symmetrical about centreline of pipe. 3 Frost tapers start at the intersection of the 1 H:1 V or 3H:1V slope and the frost penetration line. A Frost tapers are not required in rock embankment. B Frost tapers not required when frost line is above the top of ONTARIO PROVINCIAL pipe. t~ Note 3 LEGEND: d - depth of roadbed granular k - depth of frost treatment f - depth of frost penetration * -Type 3 soil ** - Type 4 soil STANDARD DRAWING C soil types as defined in the FROST TREATMENT - PIPE CULVERTS Occupational Health and Safety FROST PENETRATION LINE BETWEEN Act and Regulations for Construction Projects. TOP OF PIPE AND BEDDING GRADE Nov 2005 IRev OPSD - 803.03 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2010-24 OPS GENERAL CONDITIONS OF CONTRACT (November 2006 11 ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS /~,p STq HO\ '~ 9 ~ O P N GENERAL CONDITIONS OF CONTRACT (November 2006) ~° "~ ~ Ontario Provincial Standards METRIC ~~P°,3--t D t. (,'i. p p ~~'"• for OPSS.MUNt 100 '` . *.; V_/,~j ~ Roads and Public Works November 2008 i~A(.V0. OPS GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0 -INTERPRETATION GC 1.01 Captions ..................................................................................................... ............6 GC 1.02 Abbreviations ............................................................................................. ............6 GC 1.03 Gender and Singular References .............................................................. ............6 GC 1.04 Definitions .................................................................................................. ............6 GC 1.05 Substantial Performance ............................................................................ ..........11 GC 1.08 Completion ................................................................................................. ..........11 GC 1.07 Final Acceptance ....................................................................................... ..........11 GC 1.08 Interpretation of Certain Words .................................................................. ..........11 SECTION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents ............................................................. ...........12 GC 2.02 Order of Precedence ................................................................................. ...........12 SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority ......_ .................................................... ...........14 GC 3.02 Working Drawings ..................................................................................... ...........15 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ... ...........16 GC 3.04 Emergency Situations ............................................................................... ...........16 GC 3.05 layouf .......................................................:.............................................. ............18 GC 3.06 Extension of Contract Time ...................................................................... ............16 GC 3.07 Detays ...................................................................................................... ............17 GC 3.08 Assignment of Contract ............................................:............................... ............17 GC 3.09 Subcontracting by the Contractor ............................................................ ............18 Pager Rev. Dare: 1lnoos OPSS.MUNI 100 GG 3.10 Ct1a11ges ...........................................::...................................................... ............ t8 GC 3.10.01 Changes in the Work ............................................................................... ............ 78 GC 3.10.02 Extra Work ............................................................................................... ............19 GC 3.10.03 Additronal Work ........................................................................................ ............19 GC 3.11 Notices .................................................................................................... ............. 79 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance ....... ............. 19 GC 3-13 Claims. Negotiations. Mediatan ............................................................. .............20 GC 3.73.01 Continuance of the Work ................:....................................................... .............20 GG 3.13.02 Record Keeping ...................................................................................... ............. 20 GC 3.13.03 Claims Procedure ................................................................................... .............20 GC 3.13.04 Negotetions ............................................................................................ .............21 GC 3.13.05 Mediadon ................................................................................................. ............. 21 GC 3.13.06 Paymemt .................................................................................................. .............21 GC 3.13.07 Rights of Both PaAies ............................................................................. ............. 21 GC 3.14 Arbitration ................................................................................................ ............. 27 GC 3.14.01 Conditions for Arbitration ........................................................................ ............. 21 GC 3.14.02 Arbiraton Procedure ............................................................................. ..............22 GC 3.14.03 Appointment of Arbitrator ....................................................................... ..............22 GC 3.14.04 Costs ...................................................................................................... ..............22 GC 3.14.05 The Decision .......................................................................................... ..............23 GC 3.15 Archaeological Finds .............................................................................. ..............23 SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RNiHTS GC 4.01 Working Area ........................................................................ ...............................24 GC 4.02 Approvals and Permits .......................................................... ...............................24 GC 4.03 Management and Disposition of Materials ............................ ...............................24 GC 4.04 Construction Affecting Railway Property .......:...................... ............................... 25 GC 4.05 Default by the Contraetor ..............................:....................... ...............................25 GC 4.06 Contractor's Right to Correct a Defatilt ................................ ................................ 25 1 1 Page 2 Rav. Date= 11!2006 OPSS.MUNI 100 .~ ~' GC 4.07 Owner's Right to Correct a Default ...................................... ................................28 GC 4.08 Termination of Conractor's Right to Continue the Work ..... ................................ 26 GC 4.09 Final Payment to ConVactor ............................................... ................................. 26 GC 4.10 Termination a the Contract ................................................ ................................. 26 GC 4.11 Continuation of Contractor's Obligations ............................ ................................. 27 GC 4.12 Use of Performance Bond ................................................... .................................27 GC 4.13 Payment Adjustment ........................................................... .................................27 SECTION GC 5.0 -MATERIAL GC 5.01 Supply of Material ............................................................... ................................. 28 GC 5.02 Quality of Material ............................................................... ................................. 28 GC 5.03 Rejected Material ................................................................ .................................28 GC 5.04 Substitutions ....................................................................... ..................................29 GC 5.05 Owner Supplied Material .................................................... .................................. 29 GC 5.05.01 Ordering of 6ccess Material ............................................... .................................. 29 GC 5.05.02 Care of Materiai .................................................................. ..................................29 SECTION GC 6.0 -IN SURANCE, PROTECTION AND DAMAGE GC 6.01 Protection of Work., Persons, and Property ....................... .................................. 31 GC 6.02 Indemnification ................................................................... .................................. 31 GC 6.03 Contractor's Insurarx:e ....................................................... .................................. 32 GG 6.03.01 General .............................................................................. .................................. 32 GC 6.03.02 General Liability Insurance ................................................ .................................. 32 GC 6.03.03 Automobile Liability Insurance .......................... GC 6.03.04 Aircraft and Watercraft Liability insurance ........................ ................................... 33 GC 6.03.04.01 Aircraft Liability Insurance ......:........................................... ..................................33 GC 6.03.04.02 Watercraft Liability Insurance ....:....................................... ................................... 33 GC 6.03.05 Property and Boiler Insurance .......................................... ................................... 33 GC 6.03.05.01 Property Insurance ............................................................ ................................... 33 GC 6.03.05.02 Baler lnsurance ................................................................ ................................... 34 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion ...... ...................................34 GC 6.03.05.04 Payment for Loss or Damage ........................................... ................................... 34 Page 3 Rev. Dare: 712006 OPSS.MUNI 100 i GC 6.03.06 Convaeto~s Equipment Insurance ..................................................................... .. 35 GC 6.03.07 Insurance Requirements and Duration ............................................._............... ..35 GC 6.04 Bond'ing .............................................................................................................. .. 35 GC 6.05 Workplace Safety and Insurance Board ............................................................ .. 36 r SECTION GC 7.0 -CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC 7.01 General ............................................................................................................. .....37 GC 7.02 Layout .............................°°.---.......................................................................... .....39 GC 7.03 Working Area .................................................................................................... .....39 GC 7.04 Damage by Vehicles or Other Equipment ........................................................ .....40 ~' GC 7.05 Excess Loading of Motor VehiGes .................................................................... .....40 A h W ki { 40 GC 7.06 rea .......................................................................... e or ng Condition o t ..... GC 7.07 Maintairmlg Roadways and Detours ................................................................. .....40 GC 7.08 Access to Properties Adjoining the Work and Interruption of Utility Services .. .....41 GC 7.09 Approvals and Pemxis ...................................................................................... .....41 GC 7.10 Suspension of Work ......................................................................................... ......42 GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract ...................... ......42 GC 7.12 Notices by the Contractor ................................................................................ ......42 GC 7.13 Obstructions ..................................................................................................... ......43 GC 7.14 Limitations of Operations ................................................................................. ......43 GC 7.15 Cleaning Up Before Acceptance ...................................................................... ......43 GC 7.16 Warranty ........................................................................................................... ......43 GC 7.17 Contractors Workers ....................................................................................... ......44 GC 7.18 Drainage .......................................................................................................... .......44 SECTION GC 8.0 -MEASUREMENT AND PAYMENT GC 8.01 Measurement .................................................................................................. .....45 GC 8.01.01 QuantiGes ........................................................................................................ .....45 GC 8.01.02 Variations in Tender Quantities ....................................................................... .....45 pie 4 Rev. Date: 112006 OPSS.MUNI 100 GC 8.02 Payment ...............................................................................................................46 GC 8.02.01 Price fw Work ...................................................................................................... 46 GC 8.02.02 Advance Payments fw Material ........................................................................ ... 46 GC 8.02.03 Certification and Payment ................................................................................. ... 47 GC 8.02.03.01 Progress Payment Certificate ........................................................................... ... 47 GC 8.02.03.02 Certification of Subcontract Completion ........................................................... ...47 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment ................. ... 47 GC 8.02.03.04 Certification of Substantial Performance .......................................................... ... 48 GC 8.02.03.05 Substantial Performance Payment and Substantial Perfomlance Statutory GC 8.02.03.06 Holdback Release Payment Certificates .......................................................... Certification of Completion .......................................................... ...48 49 GC 8.02.03.07 ...................... Completion Payment and Completion Statutory Holdback Release ... Payment Certificates ........................................................................................ ....49 GC 8.02.03.08 GC 8.02.03.09 Interest .............................................................................................................. Interest fw Late Payment ........................................... ...50 50 GC 8.02.03.10 ...................................... Interest fw Negotiations and Claims ................................................................. .... ...51 GC 8.02.03.11 Ownel's Set-Off ................................................................................................ ....51 GC 8.02.03.12 Delay in Payment .............................................................................................. ...51 GC 8.02.04 Payment on a Time and Material Basis ........................................................... .... 51 GC 8.02.04.01 Definitions ......................................................................................................... ...51 GC 8.02.04.02 Oaily Work Records ......................................................................................... ....52 GC 8.02.04.03 Payment fw Work ............................................................................................ .... 53 GC 8.02.04.04 Payment fw Labour ......................................................................................... .... 53 GC 8.02.04.05 GC 8.02.04.06 Payment fw Material ........................................................................................ Payment for Equipment .................................................. . .... 53 53 GC 8.02.04.06.01 . ............................... Working Time .................................................................................................... .... ...53 GC 8.02.04.06.02 Standby Time .................................................................................................... ...53 GC 8.02.04.07 Payment fw Hand Tools .................................................................................. .... 54 GC 8.02.04.08 Payment fw Work by Subcontractws .............................................................. .... 54 GC 8.02.04.09 Submission of )nvoices .................................................................................... .... 54 GC 8.02.04.10 Payment Other Than on a Time and Material Basis ......................................... ...55 GC 8.02.04.11 Payment Inclusions .......................................................................................... ....55 GC 8.02.05 Final Acceptance Certificate ............................................................................ .... 55 GC 8.02.06 Payment of Workers ........................................................................................ .... 55 GC 8.02.07 Records ............................................................................................................ ....55 GC 8.02.08 Taxes .......................:...................:.................................................................... ... 56 GC $.02.09 liquidated Damages ........................................................................... 56 .............. ... Page 5 Rev. Date: 11/2006 OPSS.MUNI 100 SECTION GC 1.0 -INTERPRETATION GC 1.01 Captions .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit, or enlarge the scope or meaning of the General Conditions or any provision hereof. GC 1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right: "AASHTO" - American Association of State Highway Transportation Officials "ACI" - American Concrete Instltute "ANSP - " " l4nerican National Standards Mstitute ASTM American Society for Testing and Materials "AWG" American Wire Gauge "AWWA" - American WaterWoricsAssociation "CCFI.." _ Canadian Courlcil of Independent Laboratories "CESA" Canadian Engineering Standards Association "CGSB" Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" _ Canadian Welding Bureau "GC" General Conditions "ISO" - Intemafional Organization for Standardization "MOE" - Ontario Ministry of the Environment "MTO" Ontario Ministry of Transportation "MUTCD" Manual of Uniform Traffic Control Devices (Replaced by OTM) "OPS" - Ontario Provincial Standard "OPSD" - "OPSS" Ontario Provincial Standarcl Drawing Ontario Provincal Standard Specification "OTM" Ontario Traffic Manual "PEO" - Professional Engineers Ontario : "SAE" _ Society of Automotive Engineers ~ "SCC" Standards Council of Canada "SSPC" - Structural Steef Painting Council "UL" - Underwriters Laboratories "ULC" - Underwriters laboratories Canada GC 1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be considered to include th e feminine and the plural and vice versa, as the context requires. GC 1.04 Definitions .Ot For the purposes of this Contract the fdlowing definitions apply: Actual Measurement means the field measurement of that quantity within the approved limits of the Work. Addendum means an addition or change in the tender documents issued by the Owner prior to tender closing. Page 6 Rev. Date: 11!2008 OPSS.MUNI 100 Additional Work means work not provided for in the Contract and not considered by the ControcE Admetistrator 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 spedfied type and thickness placed immediately below the pavement wearing surface layers, curb and gutter, or sidewalk. Business Day means any Day except Saturdays, Sundays, and statutory holidays. Certificate of Subcontract Completion means the certificate issued by the Contred Administrator in accordance with dause GC 8.02.03.02, Certifigtion of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Perfomrance. Change DirectNe means any written instruction signed by the Owner, or by the COfltraCt Administrator where so authorized, directing that a Change in the Work ar Extra Work be performed Change in the Work means the deletion, extension, increase, decease, or alteration of lines; grades; dimensions; quantifies; 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, wRhin the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra Wark, Additional Work, and changed subsurface conditions; and establishing the basis for payment and the time allowed for the adjustment of the Contract Time. Completion Certificate means the certificate issued by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of tite Occupetionaf Health and Safety Act, R.S.O. 7990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract. ~ Contract means the undertaking by the Owner and the Cortractor to perform their respective duties, . responsibilities, and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership, or corporetion designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents mean the executed Agreement between the Owner and the Contractor, Tender, General Conditions of Contract, Supplemental General Conditions of ContracE, Standard Spedfications, Speaal Provisions, Contract Drawings, addenda incorporated in a Contract Document before the execution of the Agreement, such other documents as may be lisfed in the Agreement, and subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement. Contract Drawings or Contract Ptans 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 indude soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, Quantity Sheets, and cross-sections. Contract Time means the time stipulated in the Contract. Documents for Substantial Performance of the Work, including any extension of Contract Time made pursuant to the Contract Documents. Page 7 Rev. Date: 11/100ri OPSS.MUNI 100 Contractor means the person, partnership, or corporation undertaking the Work as identified in the Agreement. Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work. Cost Plus has the same meaning as "Time and Material." Cut-0ff Date means the date up to which payment shall be made for work performed. Daily Work Records mean daily Records detailing the number and categories of workers and hours worked or on standby, types and quantities of Equipment and number of hours in use or on standby, and description and quantities of Material utilized. Day means a calendar day. DrawMgs or Plans mean any Contract Drawings or Contract Plans, or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. End Result SpecHication means specifications that require the Contractor to be responsible for supplying a product or part of the Work. The Owner accepts or rejects the final product or applies a price adjustment that is commensurate with the degree of compliance with the specification. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and normally referred to as construction machinery and equipment. Estimate means a ralculatlon of the quantity or cost of the Work or part of it depending on the context. Extra Work means work not provided for in the Contract as awarded but considered by the Contract Administrator to be essential to the satisfactory completion of the Contract within its intended scope, including unanticipated work required to comply with legislation and regulations that affect the Work. Final Acceptance Cert~cate means the certificate issued by the Contract Administrator at Final Acceptance of the Work. Final Detailed Statement means a complete evaluati~ prepared by the Contract Administrator showing the quantities, unit prices, and final dollar amounts of all items of work completed under the Contract, including variations in tender items and Extra Work, all as set out in the same general form as the m~thiy estimates. Foree Account has the same meaning as "Time and Material " ~, Geotechnical Report means a report or other information identifying soil, rock, and ground water conditions in the area of any proposed Work. Grade means the requked elevation of that part of the Work. Hand Tools means tools that are commonly called tools or implements of the trade and include small power tools. Highway means a common and public highway any part of that is intended fa or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. !ot means a specific quantity of material or a specific amount of construction normally from a single source and produced by the same process. ,~ Page 8 Rev. Date: 112006 OPSS.MUNI 100 Working Drawings or Working Plans means any Drawings or Puns prepared by the Contractor for the execution of the Work and may, without Nmifing the generality thereof, include formwork, falsework, and shoring plans; Roadway protection plans; strop drawings; shop plains: or erection diagrams. GG 1.05 Substantial Performance .OS The Work is substantially performed, a) when the Work io 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 perfamred under the Contract is capable of completion or, where there is a known defect, the cost of corection, is not more than i. 3% of the first $500,O1H1 of the Contract price, ii. 2% of the next $500,000 of ltve Contract price, and iN. 1 % of the balance of the Contract price. .02 Fro 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 canrrot be canpleted expeditiously for reasons beyond the control of the Contractor or, where the Owner and the Contractor agree not to complete the Work expeditiously, the price of the services or materials remaining to be supplied and required to complete the Work shall be deducted from the Contract price in determining Substantial Performance. GC 1.08 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 defeU, 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 shall be deemed to occur when fhe Contract Administrator is satisfied that, to the best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect work and has discharged aN of the Contractor's obligations under fhe Contract. GC 1.08 Interpretation of Certain Words .01 The words "acceptable," "approval," "authorized," "considered necessary," "directed," "required," "satisfactory," or words of like import, shall mean approval of, directed, required, considered necessary, or authorized by and acceptable or satisfactory to the ConUact Administrator, unless the context clearly indicates otherwise. LJ Page 71 Rev. Date: 11/21106 OPSS.MUM t00 SECTION GC 2.0 -CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents .01 The Owner warrants that the infomration furnished in the Contract Documents can be relied upon with the following limitations or exceptions: a) The location of all mainline underground U4lities that may affect the Work shall be shown to a tolerance of: i. 1 m horizontal, and ii. 0.3 m vertical L I .02 The Owner does not warrantor make any representation with respect to: a) interpretations o/ 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) offer information specifically excluded from this warranty. GC 2.02 Order of Precedence .01 In flte event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending ceder: a) Agreement b) Addenda c) Special Provisions d) l,onfractOrawings e) Standard Specifications f) Standard Drawings g) Instructions to Tenderers h) Tender i) Supplemental General Conditions j) General Conditions k) Waking Drawings Later dates shall govern within each of the above categories of documents. 02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply: a) Dimensions shown in figures on a Drawing shalt govern where they differ from dimensions sealed from the same drawing; b) Drawings of larger scale shaft govern over those of smaller scale; Page 12 Rev. Date: 112008 OPSS.MUNI 100 ~' c) Detailed Drawings shah 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 Spedfiptions the following descending order of precedence shall govern: a) Owner's Standard Specifications b) Ontario Provincial Standard Specifications c) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM, and ANSI and referenced in the Ontario Provincal Standard Specifications .04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. ~~ r Page 43 Rev. Date: 112006 OPSS.MUNI 100 SECTION GC 3.0 -ADMINISTRATION OF THE CONTRACT GC 3.01 Contract Administrator's Authority .01 The Contract Administrator shall be the Owner's representative during consWcGon and until the issuance of the Completion Certificate w the issuance of the Final Acceptance Certificate, whichever is later. All instructions to the Contractor, including instructions from the Owner, shall be issued by the Contract Adminisiratw. The Contract Administrator shall have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work w the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor. .03 The Contract Administrator may inspect the Work Far its confomwty with the Plans and Standard Speafications, and to record the necessary data to establish payment quanOOes under the schedule of tender quanOties and unit prices w to make an assessment of the value of the wait completed in the case of a lump sum price Contract. .04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shah issue certificates for payment in such amounts as provided for in Section GC 8.0, Measurement and Payment. .OS The Contract Administrator shah, with reasonable promptness, review and take appropriate action upon the Contractors submissrons such as shop drawings, product data, and samples in accordance with the Contract Documents: .06 The Contract Administrator shall investigate all allegations of a Change in the Wait made by the Contractor and issue appropriate instructions. .07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner's approval. .OB Upon written application by the Contractor, the Contract Administrator and the Contractor shall joindy condlril an inspection of the Work to establish the date of Substantial Performance of the Work w the date of Completion of the Work or both. .09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to Ore Contrail. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and, in making these decisions, the Contract Administrator shalt not show partiality to either party. .10 The Contract Administrator shall have the authority to reject part of the Work or Material that does not conform to the Contract Documents. .11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of pow workmanship; the use of defective material; w damage through carelessness w other act or omission of the Contractor and whether w not incorporated in the Work; w otherwise fails to conform to the Contract Daxlments, then the Contractor shall if directed by the Contract Administrator pranptly remove the Work and replace, make good, or re-exeade the Work at no additional cost to the Owner. .12 Any part of the Work destroyed w damaged by such removals, replacements, or re-executions shall be made good, promptly, at no additional cost to the Owner. i Page 14 Rev. Dale: 1112006 OPSS.MUN1100 13 If, in the opinan of the Contract Administrator, it is «ot expedient to correct defective work or work not performed in accordance with the Contract Documents, Ore Owner may deduct /rom monies otherwise due to the Contractor the difference in value between the work as perfomred and Drat called for by the Contract locuments, the amount that will be determined in the first instance by the Contract Administrator. 14 Notwithstanding any inspections made by the Contrxt Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material. 15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary: a) to facilitate the checking of any portion of the Contractor's consdvction layout b) to facilitate the inspecOon of any portion of the Work; or c) for the Contractor to remedy non-cempliance in the case of such non-compliance with the provisions of Ore Contract by the Contractor. The Contractor shalt 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 wiNul or persistent violation by the Contractor or its workers of the Occupational Health aril Safety Act legislation and regulations, Workplace Safety and insurance Boanl Act, and Regulation 309 il the Environmental Protection Acf. .17 If the Contract Administrator detemines that any worker employed on the Work is incempetent, as defined by the Occupational Health and Safety Act, a 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 Worktng Drawings Ot The Contractor shall arrange for the preparetion of Beady identfied and dated Working Drawings as called for by the Contract Documents. .02 The Contractor shall submit Working Drewings to the Contrail Administrator with reasonable promptness and in orderly sequence so as to not cause delay in Ote Work. li either the Contractor or the Contract Administrator so requests, they shah jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed tam. At the Gme of submission the Contractor shall noOfy Ore Contract Administrator in writing of arty deviations from the Contract requirements that exist in the Waking Drawings. .03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay. .04 The Contract Administrators review shall be to check fa conformity to the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility Eor meeting a8 requirements of the Contract Documents, unless a deviation an the Working Drawings has been approved in writing by the Contrail Administrator. vie rs Rev. Date: t tnoos oPSS.MUntt too !~ .05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may require to make the Working Drawings consistent with the Contract Documents and resubrrlit, unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator. .06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted' .07 The ConUactor shall keep one set of the reviewed Working Drawings, marked as above, at the site at all times. ^ GC 3.03 Right of th® Contract Administrator fo Modify Methods and Equipment ^ .01 The ConUactor shall, when requested in writing, make alterations in the method, Equipment, or work force at any Gme the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing fadlities or the environment. .02 The Contractor shall, when requested in writing, after the sequence of its operations on the Contract so as to avoid interference with work being performed by others. .03 Notwiffistanding the foregoing, the Contractor shall ensure Olaf all necessary safety precautions and protection are maintained throughout the Work. GC 3.04 Emergency Skuations .01 The Contract Administrator has Ole right to determine the existence of an emergency situation and, when such an emergency situation is deemed to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action or, if the ConUactor is not available, the Contract Administrator may direct oOrers to remedy the situation. .02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the tJwner shall pay for the remedial work. GC 3.05 Layout .01 The Contract Administrator shall provide baseline and benchmark information for the general location, alignment, and elevation of the Work. The Qurner shall be responsible Doty for the corteclness of the information provided by the Contract Administrator. tip GC 3.06 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the Contractor to the Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Txne shall enumerate the reasons, and state the length of extenson required. .02 Circumstances suitable for consideration of an extension of Conrad Time indude the following: a) Delays, subsection GC 3.07. t b) Changes in the Work, clause GC 3.10.01. c) Extra Work, clause GC 3.10.02. Page 16 Rev. Dale: 11r200fS DPSS.MUNI 100 d) Additional Work, dause GC 3.10.03. .03 The Contract Administrator shall, in considering an app8cation for an extension to the Contract Tirne, take into account whether the delays, Changes in the Work, Extra Work, or Additional Work involve a Controlling Operation. .04 The Contrad Time shall be extended for such additional Gme as may be recommended by the Contrad Administrator and deemed fair and reasonable by the Owner. .05 The temu 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 pertormance of the Work by, a) war, bbckades, and civil commoGons, errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents; c) a stop work order issued by a court or public authority, provided that such order was not issued as the result of an act or omission of the Contrac~r or anyone empoyed or engaged by Ote Contractor directly or indirectly; d) the Conrad Administrator giving notice under subsedion GC 7.10, Suspension of Work; e) abnormal indement weather; or icat Rnds f) archaeolo ical finds in accordance with subsec8on GC 3 15 Archaedo g g . , , then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case d an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contrador'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. yr .02 if the Work is delayed by labour disputes, strikes ar lock-outs, including lock-outs decreed or ~ recommended to its members by a recognized contractor's assodation, of which the Contractor is a member or to which the Contractor is otherwise bound, are beyond the Contractor's control, which then the Cantrad Time shall be extended in accordance with subsection GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be ent0ed to payment for costs incurred as the result of such delays unless such delays are the result of actions by the Owner. .03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with subsection GC 3.13, Claims, Negotiations, A~diations. GC 3.08 Assignment of Contract .Ot The Contractor shall not assign the Contract, either in whde or in part, without the prior written consent of the Owner. Page 17 Rev. Date: t V2006 OPSS.MUNI 700 GC 3.09 Subcontracting by the Contractor .O7 The Contractor may subcontract any part of the Work, subject to these General Conditions and any lirrxtations specified in the Contract Documents. .02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended. ;~ .03 The Contract Administrator shall, witttin 5 Days of receipt of such notification, accept or reject the intended Subcontractor. The rejection shall be in writing and shall indude the reasons for the rejection. .04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with this subsection. .05 The Contractor shall preserve and protect the ri~rts of the parties under the Contract with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons direc0y or indirectly empbyed by them as for acts and omissions of persons directly empbyed by the Contractor. .O6 The Owners consent to subcontracting by the Contractor shall not be construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner. GC 3.10 Changes GC 3.10.01 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work wittwut invalidating the Contract. The Contractor shah not be required to proceed with a Change in the Work untll in receipt of a Change Order or Change Directive. Upon the receipt of suds Change Order or Change Directive the Contractor shall proceed with the Change in the Work. .02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC 3.06, Extension of Contract Time. .03 If the Change in the Work relates solely to quantifies, payment for Drat part of the Work shah be made according to the conditions spedfied in douse GC 8.01.02, Variations in Tender Quantities. If the Change in the Work does not solely relate to quantifies, then either the Owner or the Contractor may initiate negotiations upwards or dowrrvvards for the adjustment of the Contract price in respect of the Change in the Work pursuant to subsection GC 3.13, Gaims, Negotiations, Mediation w payment may be made according to the conditions contained in clause GC 6.02.04, Payment on a Time and Material Basis. Page 18 Rev. Dale: 11/2008 OPSS.MUhII 100 GC 3.10.02 Extra 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 Diredive. 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 subsedtion GC 3.06, Extension of Confrad Time. .03 ERher 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 corbitions contained in douse GC 8.02.04, Payment on a Time and Material Basis. GC 3.10.03 Additional Work .Ot The Owner, or Contract Administrator where so authored, may request the Contrador to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such Additional Work upon receipt of a Change Order. .02 The Contractor may apply for an extension of Contrad 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 Cmrtrad 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 facsimtie 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, ceR phone, and telephone numbers; and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work, and update as necessary. .03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days. .04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notce provision of the Contract. GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .01 Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the Work or any part thereof prior to Substantial Performance, provided that of least 30 Days written notice has been given to Ehe Contractor. .02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contrador oe the Contractor's Surety from any liability prat has arisen, or may arise, from the performance of the Work in accordance with Ore Contract Page 19 Rev. Date: 1112006 OPSS.MUNI 100 ,~ ~~ Documents. The Owner shall be responsible for any damage that occurs because of the Owner's use or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract. GC 3.13 Claims, Negotiations, Mediation 0 ~~ GC 3.13.01 Continuance of the Work .Ot Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a daim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall noE jeopardize any claim it may have. GC 3.13.02 Record Keeping .Ot Immediately upon commencing wait that may result in a daim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's daim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's daim, all in accordance with clause GC 8.02.07, Records. .02 The Contractor and the Contract Administrator shall attempt to recondle their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to recondle their respective Daily Work Records, then the Contractor shall sulxniE its Daily Work Records as part of its daim, whereby the resolution of the dispute about the Daily Work Records shall not be resdved until there is a resouton of the daim. .03 The keeping of Daily Work Recorcis by [he Contract Administrate or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim. GC 3.13.03 Claims Procedure .01 The Contractor 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 shah provide written notice in the standard form "Notice of Intent to Claim" within 7 Days of the commencement of any part of the Work that may be affected by the situation. .03 The Contractor shall submit detailed daims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed daim shall: a) identify the item or items in respect of which the daim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such daim. In exceptional cases, the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator. .04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the daim. The Contractor shall submit the requested information within 30 Days of receipt of such request. Pie 20 Rev. DaM: 1 [12006 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 Administrator's opir~n with regard to the validity of the daim. 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 i1 is agreed that payment cannot be made on a Time and Material basis in accardartce with dause GC 8.02.04, Payment ort 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 daim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.13.04, Negotiations, within a period of 30 Days fogowing the opinion given in paragraph GC 3.13.03.05, and the Contracts 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 resdving the issue themselves prior to proceeding to arbitration the mediator shall provide, without prejudice, anon-binding recommendation for settlement. .04 The review by the mediator shall be completed within 90 Oays fdlowing 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 shah be equally shared by the Owner and Contractor. GC 3.13.06 Payment .01 Payment of the daim shalt be made no later than 30 Days after the date of resolution of the claim or dispute.. Such payment shall be made according to the terms of Section GC 8.0, Measurement and Payment. GC 3.13.07 Rights of Both Parties .Ot {t is agreed that no action taken under subsection GC 3.13, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. GC 3.14 Arbitration GC 3.14.01 Conditions of Arbitration .01 If a claim is not resolved satisfactorily through the negotiation stage noted in dause GC 3.13.04, Negotiations, or the mediation stage noted in dause 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. Page 21 Rev. Dale: 17!2006 OPSS.MUNI 100 7~ u .02 Notification that arbitration shah be implemented to resdve the issue shall be communicated in writing as soon as possible and no later than 60 Days folbwing the opinion given in paragraph GC 3.13.03.05. Where the use of a third party mediate was implemented, notification shaft be within 120 Days of the opinion given in pargraph GC 3.13.03.05. 03 The parties shalt be bound by the decision of the arbitrator. .04 The rotes and procedures of the Arbitration Act, -1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of subsection GC 3.14, Arbitration. GC 3.14.02 Arbitration Procedure .Ot The fogowing provisions are to be inGuded 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 disquaNfied him or herself. a) All existing actions in respect of the matters under arbitrafion shall be stayed pending arbitration; b) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and ~' lS c) Before proceeding with Ote arbitration, the Contractor shall confirm that atl matters in dispute are set out in the schedule. GC 3.14.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute. .02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration noted in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee within 37 Days of the notice of arbitration. .03 The appointees shall mutuaNy agree upon an arbitrator to adjudicate the dispute within 15 Days after the fast appointee was ctmsen or they shalt refer the matter to Ote Arbitrafion and Mediation Institute of Ontario Inc., which may select an arbitrator to adjudicate Nre dispute within 7 Days of being requested to do so. .04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall not be empbyed by either party. .05 The arbitrator may appoint independent experts and any other persons to assist him or her. .06 The arbitrator is not bound by the rules of evidence that govern the trial of cases in court but may hear and consider any evidence that the arbitrator considers relevant. .07 The hearing shall commence within 90 Days of the appointment of the arbitrator. GC 3.14.04 Costs .Ot The arbitrator's fee shall be equaNy shared by the (Tuner and the Contractor. .02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor. Page 22 Rev. Date: 11!2006 OPSS.MUNI 100 .03 The arbitration hearing shall be held in a place mutuaNy 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 ohtaining appropriate faalities shall be shared equally by the Owner and the Contractor. .04 The arbitrator may, in his a 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 Gause GC 3.13.06, Payment. GC 3.15 Archaeobgical Finds .Ot 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 immediatety notify the Contact 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 contrd in accordance with paragraph GC 3.07.01. .03 Any work directed or authorized in connection with an archaedogical fmd 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 mininuze additional costs that may accrue as a result of any work stoppage. Page 23 Rev. Date: 11r1006 OPSS.MUNI 100 ~J SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGNTS GC 4.01 Working Area .01 The Owner shall acquire all property rights that are deemed necessary by the Owner for the construction of the Work, including temporary working easements, and shall indicate the foil extent of the Working Area on the Contract Drawings. .02 The Geotechnical Report and Subsurface Report that may be provided by the Owner as part of the tender documents shall form part of the Contract Drawings. GC 4.02 Approvals and Permits .Ot The Owner shalt pay fa all plumbing and building permits. .02 The Owner shall obtain and pay for all permits, licences, and certificates solely required for the design of the Work. GC 4.03 Management and Dispositbn of Materials .01 The Owner shall identify in the Contract Documents the materials to be moved within or removed from the Working Area and any characteristics of those materials that necessitates special materials management and disposition. .02 In accordance with regulations under the Oceupationa! Health and Safety Act, R.S.O. 1990, c.0.1, as amended, the Owner advises that, a) the designated substances silica, lead, and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos may be present in cement products, asphalt, and conduits for Utilities; c) the following hazardous materials are ordinarily present in construction activities: limestone, gypsum, marble, mica, and Portland cement; and d) exposure to these substances may occur as a result of activities by the Contractor such as sweeping, grinding, crushing, drilling, blasting, cutting, and abrasive blasting. .03 The Owner shall identify in the Contract Documents any designated substances or hazardous materials other than those identified above and their klcation in the Workkg Area. .04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identfied in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately with written confirmation within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the work in accordance with applicable legislation and regulation. .OS The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. AA work under this paragraph shah be deemed to be Extra Work. Page 24 Rev. Date: 11/2006 OPSS.MUNI 100 .06 Prior to commencement of the Work, the Owner shag provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Iniortnation System (WHMIS), that the Owner may supply or use on the Contract, together with copies of the Materials Safety Data Sheets for these products. All containers used in the application of products controlled under WHMIS shall be labelled. The Owner shall notify the Contractor in writing of changes to the Gst and provide relevant Material Safety Da[a Sheets. GC 4.04 Construction Affecting Raihvay Property .01 The Owner shall pay the costs of all flagging and other traffic control measures required and provided by the railway company unless such costs are sdely 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 raihvay property in the vicinity of the works. Every reasonable precaution shall be taken by the Contractor to ensure the safety of the workers, Subcontractors, and Equipment, as well as railway propeAy throughout the duration of the Contract. GC 4.05 DefauR by the Contractor .Ot If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to prosecute the Work property or otherwise fails to comply with the requirements of the Contract and, if the Contract Administrator has given a written statement to the Owner and Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractors contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice. .02 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor's insolvency or if a receiver is appointed because of the Contractors insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, -erminate the Contract. GC 4.06 CoMrector's Rlght 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 correction of the default cannot be completed within the 5 full Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor, a) commences the correction of the default within the 5 full Working Days following receipt of the notice; b) provides the Owner with an acceptable schedule for the progress of such correction; and c) completes the correction in accordance with such schedule. Page 25 Rev. Oale: 11!2006 OPSS.MUNI 100 GC 4.07 OwnePs RighE to Correct Default .01 If the Contraactw fails to correct the default within the time speafied in subsection GC 4.08, Contractor's Right to Correct a Default, w subsequently agreed upon, Ole Owner, without prejudice to any other right w remedy the Owner may have, may cortect such default and deduct the cam[ thereof, as certlfied by the Contract Administrator, from any payment then w thereafter due to the Contractor. GC 4.08 Terminatbn of Contractor's Right to Continue the Work .Ot Where the Contractor fails to cortect a default within the time specified in subsection GC 4.06, Contractor's Right to Correct a Default, w subsequently agreed upon, the Owner, without prejudice to any other right w remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole w in part by giving written notice to the Contractor. .02 If the Owner terminates the Contractor's righE to continue with the Work in whole w in part, the 1~ Owner shall be enOtk~d to, a) take possession of the Working Area w that portion of the Working Area devoted to that part of the Work terminated; b) use the Equipment of the Contractor and any Material within the Working Area that is intended to be incorporated into the Work, the whole subject [o the right of third parties; c) withhold further payments to the Contractor with respect to the Work w the portion of the Work withdrawn from the Contractor untll the Work w portion thereof withdrawn is completed; d) charge the Contractor the additional cost over the Contract price of completing the Work or portion thereof wiOutrawn from the Contractor, as certified by the Contract Administrator and any additional compensation paid to the Contract administrator for such additional service arising from the correction of the default; e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover wrtection to the Work performed by the Contractor that may be required under subsection GC 7.16, Wartanly; f) charge the Contractor for any damages the Owner sustained as a result of the default; and g) charge Ore Contractor the amount by which the cost of cortec8ons to the Work under subsection GC 7.16, Warranty, exceeds the alowance provided for such wrtections. GC 4.Og final Payment to Contractor fi .Ot If the Owner's cost to cored and cortlplete the Work in whole or in part is less than the amount withheld from the Contractor under subsection GC 4.08, Terninatron of Contrector's Right to Continue the Work, the Owner shag pay the balance to the Contractor as soon as the final accounting for the Contract is complete. GC 4.10 Termination of the Contract .01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Contract by giving written notice of termination to the Contractor, the Surely, and any trustee or receiver acting on behalf of the Contractor's estate w creditors. Page 26 Rev. Date: 11!2006 tWSS.MUNI t00 .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, corectlon, and warranty of the Work pertortned 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 shalt continue to be in force after such termination. GC 4.12 Use of Performance Bond .Ot If the Contractor is in default of the Contract and the Contractor has provided a Performance Bond. the provisions of Section GC 4.0, Owner's Respons~ilities and Rights, shall be exercised in accordance with the conditions of the Performance Bond. GC 4.13 Payment AdjustmaM .01 If any situation should occur in the performance of the Work that would result in a Change in the Work, the Owner shall be entitled to an adjustment and those adjustments shall be managed in accordance with subsection GC 3.10.01, Changes in the Work. Page 27 Rev. Date: NI2006 OPSS.MUNl 100 GC 5.01 SECTION GC 5.0 -MATERIAL Supply of Material .Ot All Material necessary for the proper completion of the Work, except that listed as being supplied by the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items shall be deemed to indude full compensation for the supply of such Material. GC 5.02 Quality of Material .01 All Material supplied by the Contrador shall be new, unless otherwise specified in the Contract Documents. .02 Material supplied by the Contractor shall conform to the requirements of the Contract. .03 As specified in the ContracE Documents or as requested by the Contract Administrator, the Contractor shall make avaiWble, for inspection or testing, a sample of any Material to be supplied by the Contractor. .04 The Contractor shall obtain for Me Contract Adrrrnistrator the right to enter onto the premises of d1e Material manufacturer or supplier to carry out such inspection, sampling, and testing as specified in the Contract Documents or as requested by the Contract Administrator. .05 The Contradw shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling, and testing. .06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling, and testing before the scheduled shipping date. .07 The Contractor shaft not change the source of supply of any Material without the written authorization of the Contract Administrator. .08 Material that is not spedfied shall be of a quality best suited to the purpose required, and the use of such Material shall be subject to the approval of the Contract Administrator. .09 All Material inspection, sampling, and testing shop be carried out on random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator fw the Materials to be used in the Work based upon the random method sha0 not relieve the Contractor from the responsibility of incorporating Material that rxxlforns to the Contract Documents into the Work or propedy performing the Contract and of any liability arising from the failure [o properly perform as spedfied in the Contrad Documents. GC 5.03 Rejected Materfal .01 Rejected Materia{ shall be removed from the Working Area expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to compty with such notice, the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of, in what the Contract Administrator considers to be the most appropriate manner, arM the Contractor shall pay the costs of disposal and the appropriate overhead charges. ,~ Page 2a Rev. Date: 112006 OPSS.MUN1100 GC 5.04 Substitutions .01 Where the Contract Documents require the Contractor to supply a Material designated by a trade w other name, the Tender shall be based only upon supply of fhe 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 identfied by a different trade w other name for the Material designated as aforesaid. The application shall be in writing and shall state the price for Ore 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 AdmirMStra[or, the Contractor shaO be entitled to the first $1,000 of the aggregate saving in cost by reason of such substitution and to 50% of any additional saving in cost in excess of such $1,000. Each such approval shall be conveyed to the Contractor in writing w by issuance of a Certificate of Equality on the (Tuners standard form of 'Certification of Equality" and, if arty adjustment to the Contrail price is made by reason of such subsOEution, a Change Order sha0 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 properly of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus appGeable 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 storege facilities acceptable to the Contract Administrator, and on the receipt of such Material shall promp0y 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 spedfied delivery point and for its safe handling and storm. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the fault of the Contractor, it shall remain in the care and at Ote risk of the Contractor until its disposition has been determined by the Contract Administrator. .03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantitles received and the quanGGes shown on [he bills Of lading, the Contractor shall immediately report such damage w discrepancies to the Contract Administrator who shall orange for an immediate inspection of the shipment and provide Ote Contractor with a written release from responsibility for such damage w deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage w deficiencies reported thereafter shaO be made good by the Contractor at no extra cost to the Owner. Page 29 Rev. Date: 1112006 OPSS.MUNI t00 ~J .04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by die Contractor for purposes other than the performance of the Work under the Contract. .05 Empty reels, crates, containers, and other type of packaging from Material supplied by the Ovmer shall become the property of the Contacor when they are no longer required for their original . purpose and shall be disposed of by the Contractor, unless otherwise specified in the Contract Documents. .06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator copies of bills of lading, w such other documentation the Contract Administrator may require to ~ substantiate and reconcile the quantities of Material received. i .07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shad, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage w deficences to the Contract Adminislator and take charge of the Material at the stockpile site. Where damage or deficer7ces are not so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and order when the Conhactor took charge of it, and any damage or deficencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner. Page 30 Rev. Dale: 7712006 OPSS.MUNI 100 SECTION GC fi.0 -INSURANCE, PROTECTION AND DAMAGE GC 6.01 Proteetlon of Work, Persons and Property .Ot The Contractor, the Contractor's agents, and all workers employed by or under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property from damage or injury. The Contractor shall be responsible for all losses and damage that may arise as the result of the Contractor's operations under the Contract, unless indicated to the contrary below. .02 The Contractor is responsible fa the full wst of any necessary temporary protective work or works and Ore restoration of all damage where the Contractor damages the Work or property in the performance of the Contrad. If the Contractor is not responsble kx the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered aa~rding to these General Conditions. .03 The Contractor shall immediately inform the Contract Administrator of aO damage and injuries that occur during the term of Ore Contract. The Contractor shall then investigate and report back to the Contrad Administrator within 15 Days of occurrence of incident, w 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 commofions; c) errors in the Contract Documents: or or ents and employees their a the Contract Administrator f th er i i O d t ~ ' , , g wn , s or om ons o e ) ac ss , others not under the contrd of the Contractor, but within Ore Working Area with the Owner's permission. .OS The Contractor and the Contractor's Surety shall not be released from any term or provision of any responsibility, obligation, or liability under the Contract or waive or impair any of the rights of the Owner, except by a release duly executed by the Owner. GC 6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their I elected officials, agents, officers, and employees from and against all daims, demands, bsses, ~ 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 ProPer'tY; b) caused by negligent acts or omissions of the Contractor or anyone for whose acts [he Contractor may be liable; and ' c) made in writing within a period of 6 years from the date of Substantial Performance of the Work ~ , as set out in the Certificate of Substantial Performance of the Work or, where so spedfied in the Contract Documents, from the date of certification of Final Acceptance. ~'' ~'` Page 31 Rev. Date: 11!2006 OPSS.fdUNl 100 t -., .02 The Contractor shall indemnify and hold harmless [he Owner from afi and every daim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract. 03 The Owner expressly waives the right b indemnity for daims other than (hose stated in paragraphs GC 6.02.01 and GC 6.02.02. .04 The Owner shall indemnify and hold harmless the Contractor, their elected officials, agents, officers, arld employees from and againsTall claims, demands, bsses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contradors performance of the Contract that are attributable to a lads of or defect in line or an alleged tads of or defect in tide to the Working Area. .05 The Contrador expressly waives the right to indemnity for Gaims other than those stated in paragraph GC 6.02.04. GC 6.03 Contractor's Insurance GC 6.03.01 General .01 Without restricting the generality of subsection GC 6.02, Indemnification, Me Contractor shall provide, maintain, and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03. Insurance coverage in dauses GC 6.03.04, GC 6.03.05, and GC 6.03.06 shall only apply when so specified in the Contract Documents. .02 The Contractor shall provide the Contract Administrator with an original Certficate of lnsixance for each type of insurance coverage Mat is required by the Contract Documents. The Contractor shall ensure that Me Contract Administrator is, at all times in receipt of a valid Certificate of Insurance for each type of insurance coverage, in such amounts as specified in the Contrad Documents. The Conractor will not be permitted to commence work until Me Contract Administrate is in receipt d such proof of insurance. The Contract Administrator may withhold payments of monies due to the Contractor until the Contractor has provided the Contract Administrator wiM original valid Certificates of Insurance as required by Me provisions of the Contract Documents. GC 6.03.02 General Liability Insurance 01 General liability insurance shall be in Me name of the Contractor, with Me Owner and Me Contract Administrator named as additional insureds, wiM limits of not less Man five million dotlars indusive per occurrence for bodily injury, deaM, and damage to property including loss of use thereof, wiM a property damage deductible of not more Man 55,000. The form of Mis insurance shall be the Insurance Bureau of Canada Form IBC 2100. .02 Another form of insurance equal to or better Man Mat required in IBC Form 2100 may be used, provided all Me requirements listed in Me Contrad are included. Approval of this insurance shall be conditional upon Me Contrador obtaining Me services of an insurer licensed to underwrite insurance ' in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required insurance. .03 The Contrador shall maintain in force such policies of insurance spedfied by the Contrad Documents at all times from Me commencement of Me Work until Me end of any Warranty Period or as otherwise required by Me Contract Documents. .04 The Contractor shall submit annua0y to Me Owner, proof of continuation of the comp{efed operations coverage and, if the Contractor fails to do so, Me limitation period for claiming indemnity described in paragraph GC 6.02.01 c), shall not be binding on the Owner. Page 32 - Rev. Date: 11!2006 OPSS.MUNI 100 .05 Should the Contractor dedde 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 Fonn 2100 as required shall indude the appropriate endorsements. .O6 The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change or amendment restricting coverage. .07 "Claims Made" insurance policies shall not be permitted. GC 6.03.03 Automobile Liability Insurence .Ot Automobile liability insurance in respect oI Ncensed vehides shall have limits of not less than five million doNars inclusive per occurrence fa 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 liability endorsement, and b) standard owner's form automobile policy proving third party liability and accident benefits insurance and covering licensed vehides owned or operated by the Contractor. GC 6.03.04 Aircraft and Watercraft Liability insurance GC 6.03.04.01 Aircraft Liability Insurance .Ot Aircraft liability insurance with respect to owned or non-owned aircraft used directly or indirectly in the performance of the Work, including use of additional prerrases, shah be subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death, and damage to property induding loss of use thereof, and limits of not less than five million dolars for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. 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. 6.03.04.02 Watercraft Liability Insurance .Ot Watercraft liability insurance with respect to owned or non-owned watercraft used directly or indireCOy in the performance of the Work, induding use of additional premises, shall be subject to limits of not less than five million dollars irxdusive per occurrence for bodily injury, death, and damage to property induding bss of use thereof. Such insurance shall be in a forth acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of cancellation, change, or amendment restricting coverage. GC 6.03.05 Property and Bolter Insurance GC 6.03.05.01 Property Insurance .01 All risks property insurance shall be in the name of the Contractor, with the Owner and the Contract Administrator named as additional insureds, insuring not less than the sum of the amount o/ the Contract price and the full value, as may be stated im 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 fhe amount insured at the site of fhe Work. This insurance shall be in a form acceptable to the Owner and shah be maintained continuously until 10 Days after the date of Final Acceptance of the Work, as set out in fhe Final Acceptance Certificate. Page 33 Rev. Dam: 112006 OPSS.MUNI 100 GC 6.03.05.02 Boiler Insurance .01 Boiler insurance insuring the interests of the Contractor, the Owner and the Contract Administrator for not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be in a form acceptable to the Owner. This insurance shall be maintained continuously from commencement of use a operation of the property insured until 10 Days after the date of Fnal Acceptance of the Work, as set out in the Final Acceptance Certificate. GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion .01 Should the Owner wish to use or occupy part or aH of the Work prior to Substantial Performance, the Owner shall give 30 Days written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy, the Contractor shah notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shah provide, maintain, and pay for property and boiler insurance insuring the fort value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the __ Contractor's poicies upon termination of coverage. .02 The policies shaA provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contrador shall act oh behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligatlons of either party under the Contract, except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may dedde in consultation with the Contractor. GC 6.03.05.04 Payment for Loss or Damage .01 The Contractor shat{ be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds, and in accordance with the requirements of Section GC 8.0, Measurement and Payment In addition, the Contractor shah be entitled to receive ftom the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work. .02 The Contractor shall be responsible for dedudible amounts under the polides, except where such amounts may be exduded from the Contractor's responsibility by the terms of this Contract. >~ .03 in the event of a loss or damage to the Work arising from the action or omission of the Owner or others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance with the requirements of Section GC &.0, Measurement and Payment. Page 34 Rev. Dale: 11/2006 OPSS.MUNI 100 GC 6.03.06 Contractor's Equipment Insurance .01 All risks Contractor's equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, indudirlg boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall nol allow subrogation daims by the insurer against the Owner. 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. Subject io satisfactory proof of finandal capability by the Contrector for self-insurance of the Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Conirad, the Contractor shall be deemed to be insured. This policy shati be amended [o provide permission for the Contractor to grant prior releases with respect [o damage to the Contractor's Equipment. GC 6.03.07 Insurance Requirements and Duration .01 Unless specified otherwise, the duration of each insurance poky shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Fnal Acceptance Certificate. .02 The Contractor shall provide the Owner, on a forth acceptable to the Owner, proof of insurance prior to cortxnencement of the Work and signed by an officer of the Contractor and either the underwriter or the broker. .03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exdusive of information pertairrirlg to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall indude a signature by an officer of the Contreclor and, in additiar, a signature by an officer of the insurer or the underwriter or the brdcer. .04 Where a poNcy is renewed, the Contractor shall provide the Owner, on a forth acceptable to the Owner, renewed proof of insurance immediately following completion of renewal. .05 Unless specified otherwise, the Contractor shall be responsible for the payment of deductible amourlts under the polities. :O6 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03, ' s Insurance, or elsewhere in the Contract Documents, then the Owrler shall have [he right Contractor to provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. .07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date on which the Owner made a formal demand far 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 docwments. .02 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be to the satisfaction of the Owner. The bonds shall be maintained in good standing until the fulfilment of the Contract. Page 35 Rev. Date: 1112006 OPSS.MUNI 100 '~ GC 6.08 Workplace Safety and Insurance Board .01 The Contractor sha0 provide the Contract Administrator with a copy of a Certificate of Clearance indicating the Contractor's good standing with the Workplace Safety and Insurance Board, as follows: a) Immediately prior to the Contract Administrator auttwrizing the Contractor to commence Work. b) Prior to issue of the Certificate of Substantial Performance. c) Prior to expiration of the Warranty Period. d) At any other time when requested by the Contract Administrator. . Page 36 Rev. Date: 11r2006 OPSS.MUNI 100 i SECTION GC 7.0 -CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORN GC 7.01 General .Ot The Contractor warrants that the site of the Work has been visited during the preparation of the Tender and the character of the Work and all local conditions that may affect the performance of the Work are known. .02 The. Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator. .03 The ConVactor shall have complete contrd of the Work and shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techriques, sequences, and procedures and for coordinating the various parts of the Work. .04 The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Contract in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit. .05 The Contractor shall have the sole responsibility for the design, erecfion, operation, maintenance, r and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use. ,„, .O6 Notwithstanding paragraph GC 7.01.05, where the ConVact Documents include designs for i temporary structures and other temporary facilities or specify a method of consWCfion in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The ConVactor 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 Occupations! Health and Safety Act, R.S.O. 1990, c.O.1, as amended, (the "Act") and Ontario Regulation 213/91, as amended, (that regulates ConStruCtlon Projects) and any other regulations as amended under the Act (the "Regulations"} that may affect the performance of the Work, as the "Constructor' or "employer," as defined by the Act, as the case may be. The Contractor shall ensure that: a) worker safety is given first priority in planning, pricing, and pertomting the Work; b) its officers and supervisory employees have a working knowledge of the duties of a "Constructor" and "employer' as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; c} a copy of the most current version of the Act and the Regulations are available a[ the ConVactor'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 carry out their duties in a diligent and responsible manner with due consideration fa the health and safety of the workers; and Page 37 Rev. Date: 1112006 OPSS.MUNI 100 tJ f) all Subcontractors and their workers are properly protected from injury while they are at the Work Area. .OS The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting and shall respond promptly to requests from the Owner for confamation that its methods and procedures for carrying out the Work comply with the Act and Regulatons. The Contractor shah 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 shah indemnify and save the Owner harmless from any additional expense that the Owner may incur to have Ure Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. .09 Prior to commencement of the Work, the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use on the Contract. Related Material Safely Oata Sheets shall accompany the submission. AN containers used in the appficaGon of products controNed under WHMIS shah be labelled. The Contractor shah rtotify the Contractor Administrator in writing of changes in the products to be used and provide relevant Material Safety Data Sheets. 10 The Contractor shall have an authorized representative on the site while any Work is being performed, to supervise the Work and ad for or on the Contractor's behalf. Prior to commencement of cortsfruction, the Contractor shah notify the Contract Administrator of the names; addresses; positions; and cell phone, pager, and telephone numbers of the Contractor's representatives who can be contacted at any time to deal with matters relating to the Contract, and update as necessary. 11 The Contractor shall designate a person to be responsible for traffic contrd and work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, and experience to perform the duties; is familiar with Book 7 of the Ontario Traffic Manual; and has knowledge of alt potential ~ actual danger to workers and motorists. Prior to the commencement of construction, the Contractor shall notify the Contract Administrtor of the name; address; positiwt; cell phone, pager, and telephone numbers of the designated person, and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Working Area at all times. 12 The Contractor shalt, at no additional cost to the Owner, furnish all reasonable aid, facilities, and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. 13 The Contractor shall prepare and update, as required, a construction schedule of operations, indicating the proposed methods of construction and sequence of work and the time the Contractor proposes to complete the various items of work within the time specified in the Contract Documents. The schedule shall be submitted to the Contract Administrator within 14 Days from the Contract award. If the Contractor's schedule is materially affected by changes, the Contractor shall submit an updated constructon schedule, if requested by the Contract Administrator, within 7 Days of the request. This updated schedule shah show how the Contractor proposes to perform the balance. of the Work, so as to complete the Wok within the time sperrfied in the Contract Documents. 14 Where the Contractor finds any emo~, inconsistency, or omission relating to the Contract, the Contractor shall promptly report it to the Contract Administrator and shat! not proceed with dte activity affected until receiving direction from the Contrail Administrator. 15 The Contractor shall promptly notify the Contract Administrator in writing if the subsurface conditions observed in the Working Area differ materially from those indicated in the Contract Documents. Page 38 Rev. Date: 1[/21x16 OPSS.MUNI 100 r .16 The Contractor stall artange with the appropriate Utility authorities fa the stake out of all underground Utilities and service connections that may be affected by the Work. The Contractor shall observe the IoceGon of the stake outs prior to commenting the Work and in the event that there is a discrepancy between the location of the stake outs and the locations stwwn on the Contract Documents, that may affect the Work, Ole Contractor shall immediately notify the Contract Administrator and the affected Utility companies, in order to resolve the discrepancy. The Contractor shall be responsible for any damage done to the underground Utilities and service connections by the Contractor's forces during construction if the stake out locations are within the tolerances given in paragraph GC 2.01.01 a). GC 7.02 Layout .Ot Prior to commencement of construction, the Contrail 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 wtdle 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 Ore Contractor's expense. .03 At no extra cost to the Owner, Ole Contractor shall provide Ole 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 consWction. The Contractor shall notify the Contract Admirastrator of any layout work carried out, so that the same may Ue checked by the Contract Administrator. .05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution of the. Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator. .O6 The Contractor shall assume full responsit>iliry 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 carefuNy preserved by the Contractor. In the case of their destruction or removal, such stakes, marks, and reference points shah be replaced at the Contractor's expense. .OS Benchmarks and survey monuments identified in the Contract Documents shall be protected by the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractors expense. GC 7.03 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures, and storage areas for Material and Equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times. .02 The Contractor shall confine the construction operations to the Working Area. Should the Contractor require more space Oran that shown on the Contrail Drawings, the Contractor shall obtain such space at no additional cost to the Owner. r Page 39 Rev. Date: 11/2006 OPSS.MUNI 100 i .03 The Conmactor shall not meter upon or occupy any prwate property far any purpose, unless the Contractor has received prior written permission from the properly owner. GC 7.04 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be done to any Roadway or any irtgxovement thereon, outside the Working Area, by the Contracto's vehides or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter badings, or in some other manner, remove the cause of such damage to the satrsfactron of the Contract Administrator. GC 7.05 Excess Loading of Motor Vehicles .01 Where a vehide is hauling Material for use on the Work, in whole or in part; upon a Highway; and where motor vehicle registration is requ'rced for such vehide, the Contractor shah not cause or permit such vehide to De loaded beyond the legal limit specified in the Highway Traflrc Act, R.S.O. 1990, c.H.B, as amended, whether such vehide is registered in the name of the Contractor or otlierwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus o1 weigt>ing disputed loads. GC 7.06 Condition of the Working Area ' .01 The ConVactor shall maintain the Working Area in a trdy condition and free from the accumulation of debris and prevent dust nuisance, mud, and porxting water, other than that caused by the Owner or others. GC 7.07 Maintaining Roads and Detours .01 Unless otherwise spedfied in the Contract Documents, if an existing Roadway is affected by construction, it shall be kept open to both vehicular and pedestrian traffic. .02 Subject to the approval of the Contrail Administrator, the Contractor shall, at no additional cost to the Owner, be responsible for providing and maintaining for the duration of the Work an altemaGve route for both pedestrian and vehcular traffic through the Working Area in accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construction. .03 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of Gme to fadlitate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum. .04 The Contractor shall nat 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 Cartract that has been accepted in accordance with these General Conditions. The Contractor shall not be required to apply de-icing chemicals or abrasives or cant' out snowplowing. .05 Where 4ocalized and separated sections of the Highway are affected by the Contractors operations, the Contractor shall not be required to maintain intervening sections of the Highway until such times as these sections are kx•.ated within the limits of the Highway affected by the Contractor's general operations under the Contract .O6 Where the ConracE Documents provide for or the Contract Administrator requires detours at specific locations, payment for the construction of the detours and, N required, For the subsequent removal of the detours, shall be made at the Contract paces appropriate to such work. ra9eao acv. Dace: nnoos OPSS.MUNI t00 r .07 Compensation for all labour, Equipment, and Materials to do lttis Work shah 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 6e deemed to be included in the prices bid for the various tender items and no additional payment shall be made. .OB 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 speafically provided for in the Contract Docurr~nts or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shah be pertormed at tite Contractor's expense. The detour sha8 be consbucted and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be pertormed as directed by the Contract Administrator. is closed and the h a t th Hi t Ad i i t C .10 w y or, e g ontrac m n s ra Where, with the prior written approval of the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect, and maintain traffic control devices in accordance with the OTM. , .11 Cortpliance 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 times and at no extra cost to the Owner, a) adequate pedestrian and vehicular access; and b) continuity of Utility services to properties adjoining the Working Area. .02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants, water and gas valves, and all outer Utilities located in the Working Area. .03 Where any intertuptions in the supply of Utility services are required and are authorized by the the Contractor shall give the affected property owners notice in accordance Contract Administrator , with subsection GC 7.12, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected. GC 7.09 Approvals and Permits .01 Except as specified im 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 perfortnanee of the Work. .02 The Contractor shall arrange for alt. necessary inspections required by the approvals and permits speafied in paragraph GC 7.09.01. page 41 Rev. Dale: 11!2006 OPSS.MUNI 100 r GC 7.10 Suspension of Work .01 The Contractor shalt, upon written notice from the Contract Administrator, discontinue or delay any or aft of the Work and work shah not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to subsection GC 3.07, Delays. GC 7.11 Contractor's Right to Stop the Work or Terminate the Contract .Ot If the Owner is adjudged bankrupt a makes a general assignment for the benefit of creditors because of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. .02 tf the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of [he Contractor w ct anyone directly employed orengaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor may have, by giving the Owner written notice, terminate the Contract. .03 The Contractor may notify the Owner in writirg, with a copy to the Contract Administrator, that the ' Owner is in default of contractual obligations if, a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section GC 8.0, Measurement and Payment; b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in Gause GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or c) the Owner violates the requirements of the Contract. .04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7 Days immediately following receipt of the written notice, the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract. .05 If the Contractor terminates the Contract under the conditions set out in subsection GC 7.11, the Contractor shall be entitled to be paid for all work performed according to the Contract Documents and for any bsses or damage as the Contractor may sustain as a result of the termination of the Contract. r GC 7.12 Notices by the Contractor .01 Before work is cartied out that may affect the property or operations of any Ministry or agency of government or any person; oanpany; partnership; or corporation, including a municipal corporation or any tward or commissron thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Caltract Documents, the Contractor shah give a1 least 48 hours advance written notice of the date of commencement of such work to the person, corglany, partnership, corporation, board, or commission so affected. .02 In fhe case of damage to or interterence with any Utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned waits or property, the Contractor shall immediately notify the Owner, Contract Administrator, and the owner of the works of the location and details of such damage or interference. ~J Page 42 Rev. Date: 112006 OPSS.Mt1N1 100 GC 7.13 Obstructions .Ot Except as otherwise noted in tllese General Conditons, the Contractor assumes all the risks and ' responsibilities arising out of any obstnution encountered in the performance of the Work and any traffic conditions, inGuding 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 detemlined 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 Utiity companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exerase tl1e necessary care in construction operations, and to take such other precautions as are necessary to safeguard the UGkties kom damage. ti n ti f O Li it G , s ons o pera o m a C 7.14 .01 Except for such work as may be required by [he Canlract Administrator to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry out operations under [he Contract on Saturdays, Sundays, and Statutory Hdidays without permission in writing from the Contract Administrator. .02 The Contractor shall cooperate and coordinate the Work with other Contractors, Utility companies, and the Owner and they shall be allowed access to their work or plant at all reasonable times. GC 7.15 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials, tools, construction machinery and equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner or others and leave the Work and Working Area clean and suitable for occupancy by the Owner, unless otherwise specified. .02 The Work shall not be deemed to have reached Completion until the Contractor has rertwved surplus materials, tools, construction machinery, and equipment The Contractor shall also have removed debris, other than that caused by the Owner, or others. 16 Warrant GC 7 y . .01 Unless otherwise specified in the Contract Documents for certain Materials or components of the Work, the Contractor shall be responsible for the proper performance of the Work only to the extent that the design and standards permit such performance. .02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work chat appear, a) prior to and during the period of 12 months from the date of Substantial Performance of the Work, as set out in fhe Certificate of Substantial Performance of the Work, Page 43 Rev. Dale: 1112006 OPSS.MUNI 106 r ~~ I b) where the work is completed aHer the date of Substantial Performance, 12 months after Completion of the Work, c) where there is no Certificate of Substantial Performance, 12 months from the date of Completion of the Work as set out in the Completion Certificate, or d) such longer periods as may be specified in the Contract Documents for certain Materials or some of the Work. The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies. .03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.16.02. GC 7.17 Contractor's Workers .Ot The Contractor shah Doty employ orderly, competent, and skillful workers [o do the Work and whenever tl1e Contract Administrator shall inform the Contractor in writing that any worker a workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly such worker or workers shall be removed from the work and shall not be employed on the work again without the consent in writing of the Contract Administrator. GC 7.18 Drainage .01 During construction and until the Work is completed, the Contractor shall make all reasonable efforts to keep all portions of the Work propedy and efficiently drained, to at least the same degree as that of the existing drainage conditions. Page 4/ Rev. Date: 11r1006 OPSS.MUN1100 SECTION GC 8.0 - MEASUREMENT AND PAYMENT GC 8.01 Measurement GC 8.01.01 Ouantities .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 pertortned 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-0ff Date. .02 Such quantities For progress payments sha8 be construed and held to approximate. The final quantities far the issuance of the Completion Payment Certificate shah be based on the measurement of Work completed. .03 Measurement of the quantities of the Work performed may be either by Actual Measurement or by Plan Quantity principles as indicated in the Contract Adjustments to Plan Quantity measurements shall normally be made using Plan Quantity principles but may, where appropriate, be made using Actual Measurements. Those items identified on the Tender by the notation (P) in the unit column shall be paid according to the Plan Quantity. Items where the notation (P) does not occur shall be paid according to Actual Measurement or lump sum. GC 8.01.02 Variations in Tender Quantities .Ot Where it appears that the quantity of Work to be done or Material tc be supplied or both by the ' Contractor under a unit price tender item may exceed or be less than the tender quantity, the Contractor shall proceed to do the Work or supply the Material a 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 ContraG 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 varied out as soon as reasonably possible. Any revision of the unit price shall be based on the actual cost of doing the Work or supplying the Material or both under the tender item plus a reasonable allowance for profit and applicable overhead. b) In the case of a Major Item where the quantity of Work performed or Material supplied or both by the Contractor is less than 85% of the tender quantity, the Contractor may make a written request to negotiate fw the portion of the actual overheads and fixed costs applicable to the amount of the underrun in excess of 15% of the tender quantity. For purposes of the negotiation, the overheads and fixed costs applicable to the item are deemed to have been prorated uniformly over 100% of the tender quantity for the item- Overhead costs shall be confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10°k of the unit price on the amount of the undertun 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: 1712006 OPSS.r.M1Nl 100 I~ ~, ~~ r r GC 8.02 Payment GC 8.02.01 Price for Work .01 Prices for the Work sha0 be fuN compensation for all labour, Equipment and Matedal required in its performance. The term "all labour, Equipment, and Material" shall include Hand Tods, supplies, and other incidentals. .02 Payment for work not specifically detailed as part of any one item and without specified details of payment shall be deemed to be included in the items with which i[ is associated. GC 8.02.02 Advance Payments for Material .01 The Owner shall make advance payments for Material intended for incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions: a) The Contractor shall deliver the Material to a site approved by the Contract Administrator arld the Contractor shah, in advance of receipt of the shipment of the Material, arrenge for adequate and proper storage facilities. b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure: i. Sources Other Than Commercial {1) Granular A, B, BI, 811, 8111, 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, surtace treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract price for each aggregate stockpiled. ii. Commercial Sources Payment for separated coarse and fine aggregates shall be considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incoryorating such materials into a final product. Advance payments for other materials located at a commercial source shall not be made. c) Payment for all other materials, unless otherwise speafied elsewhere in the Contract Documents, shall be based on the invoice price, and the Contractor shall submit proof of cost to the Contract Administrator before payment can be made by the Owner. d) The payment for a8 Materials shall be prorated against the appropriate tender item by paying for suffirdent units of the item to cover the value of the material. Such payment shah not exceed 80% of the Contract price for the item. e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as coAateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inGusion in the Work, without the consent, in writing, of the Contract Administrator. f) Such matedals shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use, or destruction of the material however caused. .02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not consfitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropdate specification. Page 413 Rev. Date: 11121x18 OPSS.MUNI 100 1 r GC 8.02.03 Cert~wtion 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 clause GC 8.01.01, Quantities. .02 The progress Payment Certficate shall show, a) the uantities of Wo k rf d q r pe orme ; b) the value of Work performed; , c) any advanced payment for Material; d) the amount of statutory hodback, 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 shalt be sent to the Contractor. .04 Payment shall be made within 30 Days of the Cut-0ff Date. GC 8.02.03.02 Certification of Subcontract Completion .01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the ' Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the Contract Administrator certify the completion of such subcontrect. .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 03 the subcontract have been carried out and the results are satisfactory. Th C t t Ad i i t t h ll . e on rac n m s ra or s a set out in the Certficate of Subxontract Completion the date on wlvch the subcontract was completed and, within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned. , GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01 Fdlowing receipt of the Certificate of Subcontract Completion, the Owner shall release and pay the Contractor the statutory hodback retained in respect of Ole subcontract. Such release shah be made 46 Days after the date the subcontract was certified complete and providing the Contractor ' submits Ole following to the Contract Administrator: a) a document satisfactory to the Contract Administrator that shall release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies; b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incured in carrying out f)1e subcontract; Page 47 Rev. Date: 112006 OPSS.MUNI 100 c) a satisfactory cearance cerarcate or letter hom the Workplace Safety and Insurance Board relating to the subcontract; and I d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d), shall only apply to Lump Sum Items and then only when the Contract Administrator specificafry requests it. I .03 Upon receipt of the statutory holdback, the Contrador shall forthwith give the Subcontracts the payment due under the subcontract. .04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibikties. GC 8.02.03.04 Certification of Substantial Performance ' .O7 Upon application by the Contractor and when the Contract Administrator has verified that the Contract has been substantially performed, the Contract Administrator shall issue a Certificate of Substantial Pertormance. .02 Upon verifying that the Contract has been substantially performed, die Contract Administrator shalt issue a certificate of SubstanGaf Performance and shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and, within 7 Days after signing the said certificate, the Contract Administrator shad provide a copy to the Contractor. .03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) Paragraph 5 of the Construction Lien Acf, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shad include placement in the Dady Commercial News. .04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense. .05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45 Day lien period prior to the release of hodback as referred to in douse GC 8.02.03.05, Substantial Pertomiance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above. GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory HotkOrack Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance, the Contract Administrator shall also issue the Substantial Performance Payment Cert~cate and the Substantial Performance Statutrxy Holdback Release Payment Certifirate or where appropriate, a cocrlbined ~~ payment certificate. .02 The Substantial Performance Payment Certificate shall show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory hodback, allowing for any previous releases of statuory holdbadk to the Contractor in respect of completed subcontrads and deliveries of pre-selected equipment; Page 46 Rev. Dale: 77121106 OPSS.Allkil t00 r d) the amount of maintenance security required; and e) the amount due the Contractor. .03 Payment of the amount certified shall be rr~de within 30 Days of the dale 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 hodback 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 Ad and the submission by the Contractor of the fotiowiru7 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.t3, Gaims, Negotiations, Mediation; b) a statutory declaretion in a form satisfactory to the Contract Administrator that all IiabiGties incurred by the Contractor and tite Contractor's Subcontractors in cartying out the Contract have been discharged except for statutory holdbacks properly retained; c) a satisfactory Certifipte of Clearance from the Workplace Safety and Insurance Board; and d) proof of publication of the Certificate of Substantial Performance. GC 8.02.03.06 Certifieatlon of Completion .Ot Upon application by the Contractor and when the Contract Administrator has verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate. .02 The Contract Administrator shall set out in the Completion Certificate the date on which the Work was completed and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor. GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Hodback Release Payment Certificate or where appropriate, a combined payment certificate. .02 The Completion Payment Certificate shall show, a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and c) the amount due the Contractor. .03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shalt be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subjecE to the provisions of the Construction Lien Act and the submission by the Contracts of the following documents: 1 pBQ~ qg Rev. Date: 11!2006 OPSS.MUNI 100 r a) a release by the Contracts in a tone satisfactory to the Contract Administrator releasing the Owner from aft further claims relating to the Contract, qualified by stated excepfions where appropriate; b) a statutory declaration in a form satisfactory to the Contract Administrator that all IiabiNties incurred by the Contractor and the Contractors Subcontractors in carrying out the Contract have been discharged, qualified by stated excepfions where appropriate; and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.63.08 Interest .01 Interest due the Gontractor is based on simple interest and is ralarlated using the applicable Rate of Interest. GG 8.02.03.09 Interest for 4ate Payment r .01 Provided the Contractor. has complied with the requirements of the Contract, including aN documentation requirements, when payment by the Owner to the Contractor for Work pertomled, or for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to receive interest on the outstanding payment at the Rate of Interest, if payment is not received on the dates set out below: a) Progress Payment Certificates: 30 Days after the Cut-0ff Date; b) Certificate of Subcontract Completion: 30 Days after the date certified as the date on which the subcontract was completed; c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the subcontract was completed; d) Substantial Performance Payment Certificate: 30 Days alter the date of issuance of the certificate; e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after publication of the Payment Certificate of Substantial Performance; f) Completion Payment Certificate: 30 Days after the date certified as the date on wttich the Contract reached Corr~ietion; and g) Corrlpletlon Statutory Hddbadr Release Payment Certifipte: 76 Days after the date certified as the date that the Work was completed. .02 If the Contractor has not complied with the requirements of the Contract, including all documentation requirements, prig to expiration of the time periods described in paragraph GC 8.02.03.09A1, interest shall only begin to accrue when the Contractor has completed those requirements. Page 50 Rev. Dale: 5112006 OPSS.MUNI 100 GC 8.02.03.10 interest for Negotiatwns and Clairrro .01 Except as hereinafter provided, where a notice oP negotiation, notice of intent to claim and the subsequent claims are submitted in accordance with the tlme 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 shah not commence until 30 Days after the satisfactory completion of chat 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 daim within the time limit prescrbed by subsection GC 3.13, Claims, Negotiations, Mediation, interest shah not be paid. .04 Where a Contractor fails to comply with the 30 Day tlme limit and the procedures prescribed in paragraph GC 3.13.03.03 for submission of daims, interest shall not be paid for the delay period. GC 8.02.03.11 Owner's Set-Off .O7 Pursuant to Section 12 of the Constnretbn 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, daims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined daims by the Owner under paragraph GC 8.01.02.01 a), any assessment due the Workplace Safety and Insurence Board, and any monies to be paidto the workers in accordance with clause GC 8.02.06, PaymenE of Workers. ' .02 Under these dreumstances the Owner will give the Contractor appropriate notice of such action. GC 8.02.03.12 Delay in Payment .01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01. GC 8.02.04 Payment on a Time and Material Basis GC 8.02.04.01 Definitions .01 For the purpose of clause GC 8.02.04 the following definitions appy: Cost of Labour means the amount of wages, salary, travel, travel time, food, lodging, 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 nM include any payment or costs incrred for general supervision, administration, and management time spent on the entire Work or any wages, salary, or Payroll Burden for which Ote Contractor is compensated by any payment made by the Owner for Equipment: Cost of Materlal means the cost of Material purchased or supplied from stock and valued at current market prices for the purpose of carrying out Extra Work by the Contractor or by others, when such arrangements have been made by the Contractor for completing the Work, as shown by itemised invoices. Operated Rented Equipment means Rented Equipment for which an operates 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 I Payroll Burden means the payments in respect of workplace insurance, vacation pay, employment ' insurance, public fiabiliry and property damage insurance, sickness and accident insurance, pension fund, and suds other welfare and benefit payments fomring part of the Contractor's nomwl tabour costs. Rented Equipment means equipment that is rented or leased for the spedal purpose of Work on a Time and Material Basis from a person, firm, or corporation that is not an associate of the lessee as the word `assodate" is defined by the Securities Ad, R.S.O. 1990, c.S.S, as amended, and is approved by the Contract Administrator. Road Work means the preparation, construction, finishing, and construction maintenance of roads, streets, Highways, and parking bts and includes all work inddentals thereto other than work on sWctures. Sewer and Watermain Work rneans the preparation, construction, finishing, and construction maintenance of sewer systems and watennain systems, and indudes all work inddental thereto other than work on structures. I Standby Time means any period of time tlmat is not considered Working Time and which together with the Working Time does cwt exceed 10 hours in any one Working Day and during which time a umt of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work means the construction, reconstruction, repair, alteration, remodelling, renovation, or demolition of any bridge, building, tunnel, a• retaining wall and indudes the preparation for and Ome laying of the foundation of any bridge, building, tunnel, or retaining wall and the installation of equipment and appurtenances incidental thereto. I The 127 Rate means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for ConsWction Equipment, Inducting Model and Specification Reference, that is current at the time tlme wait is carried out or for Equipment that is not so {is[ed, the rate that has been calculated by the Owner, using the same prindples as used in determining The 127 Rates. Work on a Time and Material Saris means Changes in the Work, Extra Work, and Additional Work approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to all the teens, conditions. Standard Spedfications and provisions of I the Contract. Worktng Time means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operation acrd the first 2 hours of each immediately folbwing period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which lime the unit cannot practically be transferred to other work but must remain on the site in order to amiirgre with its assigned tasks and during which Gme the unit is in a fully operable condition. ' GC 8.02.04.02 Daily Work Records .01 DaAy Work Records, prepared as the case may be by either the Contractor's representative ar the Contract Administrator reporting the labour and Equipment empbyed and the Material used on each Time and Material project, shoukt be reconciled and signed each Day by both the Contractor's representative and dre Contract Administrator. 0 it is not possible to reconcile the Daily Work Records, then the Contractor shall submit the un-recondled Daily Work Records with its claim, whereby the resouton of the dispute about the Daity Work Records shalt not be resolved until tltere is a resolution of the claim. Page.52 Rev. Dale: 11!2006 OPSS.MUNI 100 Ge s.oz.o<.03 Paymant for work .O7 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 oonVary 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 cos! of PayroN 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 Contrail. GC 8.02.04.05 Payment for Material .01 The Owner shall pay the Contractor for Material used on each Time and Material project at 120% of the Cost of the Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of $3.000. GC 8.02.04.06 Payment for Equipment GC 8.02.04.06.01 Working lime .01 The Owner shall pay the Contractor for the Working Time of alf 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 00°k of the portion in excess of $20,000. , .02 The Owner shall pay the ConVacta• for the Working Time ~ Rented Equ~ment used on the Work on a Time and Material Basis at 110°k of the invoice price approved by the Contract Administretor u0 ro a maxrcnum of 110% of The 127 Rate. This constraint shall be waived when the Contract Administrator approves the invoice price prior ro the use of the Rented Equipment .03 The Owner shall pay the Contractor for the Waiting Time of Operated Rented Equipment used at 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 Materiaf Basis. ~ ' GC 8.02.04.06.02 Standby Time .01 The Owner shad pay the ConVactor for Standby Time of Equipment at 35% of The 127 Rate or 35°!0 of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equpment where this is necessarily retained in Ote Working Area for extended periods agreed ro by Page `~ Rev. Date: 112006 OPSS.MUNI 100 ~] ' the Contract Administrator. This steal! include Rented Equipment interlrled for use on other work, but has been idled due to the oirctmstances giving rise to the Work on a Time and Material Basis. .02 In addition, the Owner shah include the Cast of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the arcumstances giving rise to the Work on a Time and Material Basis. .03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work an Time and Material Basis to be returned to the lessor unfit the work requiring the equipment can be resumed. The Owner shall pay such costs as a resuh from such return. .04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, [o or from the Working Area on a Time and Malaria{ basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The mett7od of moving Equipment and the rates shall be subject to the approval of the Contract Administrator. GC 8.02.04.07 Payment for Hand Tools .01 Notwithstanding any other provision of this Section, no payment shall be made m the Contractor for ' or in respect of Hand Tools or equipment that are toils of the trade. GC 8.02.04.08 Payment for Work By Subcontractors ' .Oi Where the Contractor arranges for Work on a Time and Material Basis, or a part of it, to be pertormed by Subcontractors on a Time and Material basis and has received approval prior to the commencement of such work, in accordance with the requirements of subsection GC 3.09, ' Subcontracting by the Contractor, the Owner shall pay the cost of Work on a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the Work on a Time and Material Basis, plus a markup calculated on the following basis: a) 20% of the first $3,000; plus b) 15% of fhe amount from $3,000 to $10,000; plus c) 59'° of the amount to excess of Y10,000. .02 No further markup shall be applied regardless of the extent to which the work is assigned or sublet to others. If work is assigned or sublet to an associate, as defined by the Securities Act, no markup whatsoever shall be applied. GC 8.02.04.09 Submission of Invoices .Ot At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Equipment rates rat atready submitted to the Contract Administrator during the course of such work. .02 Separate summaries shall be completed by the Contractor according to the standard form "Summary for Payment of AocouMs on a Time and Material Basis." Each summary shalt incude the Change Directive or Change Order 7usrlber and covering dates of the work and shall itemize separately the labour, Materials, and Equipment. Invoices for Materials, Rented Equipment, and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be irx;luded with each summary. Page 54 Rev. Date: 7120116 APSS.MUNI 100 ' .03 Each month Ste Contract Administrator shall inGude witll the monody progress payment certificate, the costs of the Work on a Torte and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractors invoice of the Work on , a Tirne 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 negdiating a Lump Sum Item w 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 herekl provided, shall be accepted by the Contractor as compensation in full for profit and all vests and expenses ' arising out of the work, including all cost of general supervision, administration, and management time spent on the work, and no other payment w aAowance shaA be made in respect of such work. GC 8.02.05 Finai Acceptance Certificate , .01 After the acceptance of the Work, the Contract Administrator shall issue the Final Acceptance Certificate, w, where applicable, after the Warranty Period has expired. The Final Acceptance Certificate shall not be issued until all known deficiencies have been adjusted or corrected, as file 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 ertTtbyed by the Subcontractor on the Work in accordance with paragraph GC 6.02.06.01. .03 Where any person employed by the Contractor or any Subcontractor w other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set oB monies in accordance with clause GC 8.02.03.11, Owner's Set-Off. ' GC 8.02.07 Records .01 The Contractw shall maintain and keep accurate Records relating to the Work, Changes in 01e ' Work, Extra Work, and claims arising therefrom. Such Records shah be of sufficient detail to support the total cost of the Work, Changes in the Work, and Extra Work. The Contractw shall preserve alt such original Records until 12 months after the Final Acceptance Certificate is issued or until aU claims have been settled, whichever is longer. The Contractor shall require that Subcontractors ' empoyed by the Contractw preserve a8 original Records pertaining to the Work, Changes in the Work, Extra Work, and claims arising therefrom for a similar period of time. :02 The Owner m i t dit th d C r ay nspec an au e ontracto s Records relating to the Work, Extra Work, and Changes in tha Work at arty time during the period of the Contract The Contractor shall supply certified copies of any part of its Records required, whenever requested by the Owner. ~ Page 55 Rev. Date: 11!2006 OPSS.MUNI 100 r GC 8.02.08 Taxes .O1 Where a change in Canadian Federal w Provindal taxes occurs after the date of tendor dosing for this Contract, and this dtange could not have been anticipated at 81e time of bidding, 87e Oxmer shall increase or decrease Contract payments to account for the exact amount of tax change involved. .02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such daims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance. .03 Whet the Contractor benefits from a change in Canadian Federal w Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms pravided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance. ' .04 plarges in Canadian Federal w Provincial taxes that impad upon cwnmodities, which when left in place form part of the finished Work, w the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities w fire provision of such services is carried out by the Contractor or a Subcaltractor, are subject to a daim or benefit as ' detailed above. Services in tl~ fatter context means the supply and operation of equipment, the provision of labour, and the supply of commodities that do not form part of the Work. GC 8.02.09 Liquidated Damages .01 When liquidated damages are spedfied in the Contract and fhe Contractor fails to complete the Work in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. r i Page 56 Rev. DaOg: 11Yd006 OPSS.MUNI 700 r r r r r r