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99-141
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 99-141 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Dundas Powerline Limited, Chesterville, Ontario, for Highway No. 2 Street Lighting — Townline Road to Courtice Road, Courtice, Ontario. 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 with the Corporation Seal, a contract between Dundas Powerline Limited, Chesterville, 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 this13 day of September, 1999 By-law read a third time and finally passed this 13 day of September, 1999 ayor Jerk t SCHEDULE"B" BID SUMMARY CL99-9 HWY 29 STREET LIGHTING, TOWNLINE RD. &COURTICE RD. BIDDER TOTAL BID AMOUNT Dundas Powerline Ltd. $155,055.84 Chesterville, ON $167,685.72 Ron Robinson Ltd. Bowmanville, ON $181,348.95 BFC Traffic Technology Scarborough, ON $184,347.95 Stacey Electric Co. Scarborough, ON $201,392.19 Langley Utilities Contracting Bowmanville, ON $208,843.32 Black and McDonald Ltd. Toronto, ON DN:TSH r SCHEDULE:'C- 513 DIVISION STREET, P.O. BOX 910, COBOURG ® ONTARIO,CANADA K9A 4W4 totten Sims hubicki associates (905)372-2121 FAX(905)372-3621 17, 1999 a�� August Ms. Lou Ann Birkett, CPP, AMCT Purchasing Manager j pv Corporation of the Municipality of Clarington R1�1G M�NICI RASING Dti A SMENj 40 Temperance Street PUAC BOWMANVILLE, Ontario. L1C 3A6 Dear Mrs. Birkett: Re: Municipality of Clarington, Contract CL99-9, Hwy. No. 2 Street Lighting Townline Road to Courtice Road, Courtice TSH Project No. 12 10755 Tenders for the above noted project were opened at the municipal offices on Wednesday, August 11, 1999, at 2:00 p.m. The bids received, inclusive of GST,.are summarized below. +Contractor 'l*utal:Btd A>Enonnt Dundas Powerline Ltd. $155,055.84 Ron Robinson Ltd. $167,685.72 BFC Traffic Technology $181,348.95 Stacey Electric Co. $184,347.95 Langley Utilities Contracting Ltd. $201,392.19 Black and MacDonald Ltd. $208,843.32 Engineer's Estimate Dundas Powerline Ltd., the low bidder, has completed numerous contracts of similar type and value including Contract NW92-30 "Street Smart Lighting erenges have been cheucked and report that Doundas 992 with an acceptable level of workmanship. Other Powerline Ltd.'s staff are qualified to complete the work required under CL99-9. We, therefore, recommend acceptance of the low bid received from Dundas Powerline Ltd. The following is a summary of the total project costs based on the low bid. ENGINEERS ,ARCHITECTS AND PLANNERS i SCHEDULE "C Municipality of Clarington 2 August 17, 1999 Item Total Amount Construction Costs (excl. GST) $144,912.00 Final Design & Tendering to July 31, 1999 $24,207.48 Construction Administration $17,500.00 Works by Region of Durham $1,500.00 Works by Ontario Hydro $70,635.00 Sub-Total Project Costs $258,754.48 Net GST (3%) $7,762.63 Contingencies (excl. GST) $23,482.89 Total Estimated Project Costs $290,000.00 Budget Amount $450,000.00 Estimated Surplus $160,000.00 Attached for your processing are copies of cost estimates for the works to be completed by Ontario Hydro and the Region of Durham. Our office has reviewed the estimates and find them acceptable. Please issue Purchase Orders in the amount of $70,635.00 to Ontario Hydro and $1,500.00 to the Region of Durham so that they can proceed with their work as early as possible. If you have any questions regarding any of the above, please contact our office. Yours truly, totten sims hubicki associates "I Ron Albright, P.Eng. Project Engineer, Municipal RA/jg m6si2as1c PC: Mr. S.A. Vokes Mr. A.S. Cannella Mrs. K. Rand totten sims hubicki associates MUNICIPALITY OF arin 9 ton. ONTARIO totten sims hubicki associates engineers architects and planners CORPORATION OF THE MUNICIPALITY OF CLARINGTON HWY. NO. 2 STREET LIGHTING TOWNLINE ROAD TO COURTICE ROAD, COURTICE ' CONTRACT NO. CL99-9 ' JULY 1999 totten sims hubicki associates ' Engineers, Architects and Planners TSH No. 12-10755 1 ' AGREEMENT THIS AGREEMENT made in triplicate this 8th day of September 1999 BETWEEN: DUNDAS POWERLINE LTD. ' of the United Counties of Stormont, Dundas and Glengarry and Province of Ontario ' hereinafter called the "Contractor" ' THE PARTY OF THE FIRST PART ' - and - ' the CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' hereinafter called the "Purchaser" THE PARTY OF THE SECOND PART ' WITNESSETH, that the party of the first part, for and in consideration of the payment or ' payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are ' to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied herein. ' Page 1 of 3 DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Highway No. 2 Street Lighting, Townline Road to Courtice Road, Courtice, Contract No. CL99-9 ' ADDENDUM NO. 1 dated August 6, 1999 A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 - 4 Bonds ' Schedule of Tender Data Page 6 B. INSTRUCTIONS TO TENDERERS Pages 1 to 4 ' C. SPECIAL PROVISIONS - GENERAL Pages 1 to 19 D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 9 E. STANDARDS F. PLANS: Drawings No. 1 - 3 G. STANDARD SPECIFICATIONS: the applicable edition of the following Ontario Provincial Standard ' Specifications. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date ' 127 Current 603 March 1993 609 June 1991 615 Sept. 1993 128 Current 604 Sept. 1993 614 June 1991 617 Sept. 1984 ' 601 March 1993 I. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) ' 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 the the expiration of thirty-five (35) working days from the commencement date , 999. dc,-,, cz(r v c,(' ' IN CONSIDERATION WHEREOF said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This agreement shall enure to the benefit of and be binding upon the heirs, executors, ' administrators and assigns of the Contractor and on the heirs and successors of the Purchaser. Page 2 of 3 ' IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. SIGNED and sealed by the Contractor ) in the presence of ) ' SIGNED and sealed by the Purchaser ) > Diane m , Mayor 1 ) in the presence of ) Clerk ) ) 1 Page 3 of 3 I of 3 CONTRACT NO. CL99-9 MUNICIPALITY OF CLARINGTON Hwy. No. 2 Street Lighting ' Townline Road to Courtice Road, Courtice ADDENDUM NO. 1 Contractors are hereby notified of the following modifications to Contract No. CL99-9 ITEMIZED BID All references to "CL"-2" shall be deleted and revised to read "CL99-9". Item No. 1 - ' This Item shall be deleted. Item No. 2 a) The quantity for the Item No. 2 a) is revised to 8. ' Item No. 2 b) The quantity for the Item No. 2 b) is revised to 30. ' Item No. 4 ' The quantity for the Item No. 4 is revised to 91. Item No. 5 The quantity for the Item No. 5 is revised to 8. Item No. 13 The quantity for the Item No. 13 is revised to 1. The description for Item No. 13 shall also be changed to read "Connection to Supply `B' including Supply Cabinet" I ' totten sims hubicki associates ' CONTRACT NO. CL99-9 MUNICIPALITY OF CLARINGTON ' ADDENDUM NO. 1 2 of 3 SPECIAL PROVISIONS - TENDER ITEMS Delete "CL97-19" from the header for pages 2 through 9 and replace with 11CL99-9" 1 STREET LIGHT POLES - ITEM NO. 1, 2 a) and 2 b) rThe Catalogue No. for the Item 2 b) referenced in the third paragraph should be revised to "45SX3". It should be noted that the restoration for the concrete pole at Station 0+100 on the south side of Hwy. No. 2 shall include for the provision of 16 m of concrete barrier curb and the removal and replacement of the asphalt boulevard (150 mm Gran. `A', 50 mm H.L.-3). 1 STREET LIGHT LUMINARIES - ITEM NO. 3 ' The following paragraph shall be added: ' "Luminaries that are to be mounted on Ontario Hydro poles shall be connected to supply wire by Ontario Hydro and fees for this connection will be paid directly by the Municipality of Clarington. The connection fee shall not be included in the unit price ' bid for this Item." BRACKET ARM - ITEMS NO. 4, 5 AND 6 ' The third paragraph shall be revised to read: "33 of Item No. 4, all of Item 5 (8) and all of Item No. 6 (8) are to be mounted on existing 0.30 to 0.45 m diameter wooden hydro poles 0.3 m below the neutral wire. Brackets to be mounted as per manufacturer's specifications. 20 of Item No. 4 are to ' be mounted on a 0.36 m dia. tapered steel hydro poles, 0.3 m from the top of the pole (45 ft. direct buried by Ontario Hydro). Mr. Scott Goodhand of Ontario Hydro should be consulted regarding mounting details." 1 LOW VOLTAGE AERIAL STREET LIGHT CABLE - ITEM 10 The following paragraph shall be added: "Connection fees for all mid span tabs and cable connections by Ontario Hydro will be paid for directly by the Municipality of Clarington. The fees shall not be included in the unit price bid for this Item." r r totten sims hubicki associates ' CONTRACT NO. CL99-9, MUNICIPALIT Y OF C LARIN N GTO ADDENDUM NO. 1 3 of 3 ' DRAWINGS The power supply shown at Station 1+175 on the north side of Hwy. No. 2 shall be removed from the drawings. The proposed pole at Station 0+100 shall be shifted to the north side of the sidewalk or the following ' note shall be added at this location: "Provide 16 in of concrete barrier curb and remove and replace asphalt boulevard as part of restoration". All tenders must be submitted on the basis of these modifications. This Addendum shall remain attached to and form part of all tenders submitted. ' Totten Sims Hubicki Associates 513 Division Street, P.O. Box 910 ' COBOURG, Ontario. K9A 4W4 August 6, 1999 rnssnasnmss/c. ' ttten sims hubicki associates ' PROJECT: TENDER FOR CONTRACT NO. CL99-9 HWY. NO. 2 STREET LIGHTING ' TOWNLINE RD. TO COURTICE RD., COURTICE AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES ' ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET, P.O. BOX 910 COBOURG, ONTARIO. K9A 4W4 ' Telephone: 905: 372-2121 Fax: 905: 372-3621 TENDERER: DUNDAS POWERLINE LTD. ' Name R.R. # 1 Chesterville Ontario. KOC 1110 ' Address (include Postal Code) ' 613-448-3400 613-448-1400 Telephone and Fax Numbers ' Frank Heerkens Name of Person Signing President Position of Person Signing ' TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington ' Municipal Administration Centre 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 iMM/8/c Page 1 of 6 pages ' TENDER CONTRACT NO. CL99-9 ' To: The Mayor and Members of Council Corporation of the Municipality of Clarington ' Re: Contract No. CL99-9, Hwy. No. 2 Street Lighting Townline Rd. to Courtice Rd., Courtice ' Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, ' Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, ' Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, ' made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days ' from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, ' addressed to the Contractor at the address contained in this Tender. IPage 2 of 6 pages ITEMIZED BID CONTRACT NO. CL99-9 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work ' specified for Contract No. CL99-9 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 ' Item Spec. Description of Item Unit Quantity Unit Price Total No. No. ITEM DELETED ' 2. 615 Streetlight Poles (13.7 m, 45 SP ft.) a) Spun Concrete, Direct ea 8 1,588.00 12,704.00 Buried b) Galvanized Steel, Direct ea 30 1,160.00 34,800.00 ' Buried 3. 617 Streetlight Luminaires (200 ea 108 445.00 48,060.00 SP W HPS - Type III, Dist.) ' 4. 617 2.4 m (8 ft.) Tapered ea 91. 100.00 9,100.00 SP Elliptical Bracket Arms ' 5. 617 3.65 m (12 ft.) Tapered ea 8 186.00 1,488.00 SP Elliptical Bracket Arms 6. 617 5.0 m Steel Truss Arm with ea 8 900.00 7,200.00 ' SP 3.0 m Rise 7. 604 Street Light Cable in Duct (3- SP #6 AWG Cu c/w #6 AWG m 240 8.00 1,920.00 ' RWU 90 insulated GRD.Cu) 8. 603 50 mm Polypipe Duct, Direct ' SP Buried m 50 28.00 1,400.00 9. 603 50 mm Rigid PVC DB2 Duct SP Direct Buried m 190 40.00 7,600.00 10. 604 Aerial Street Light Cable (3- SP #6 AWG Cu c/w #6 AWG m 1110 8.00 8,880.00 RWU 90 insulated GRD.Cu) 11. 604 7 mm Grade 110, Messenger Cable, Aerial m 990 4.00 3,960.00 12. 603 PVC Rigid Duct by SP Subsurface Installation m 20 80.00 1,600.00 (Provisional Item) Page 3 of 6 pages ITEMIZED BID CONTRACT NO. CL99-9 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work ' specified for Contract No. CL99-9 for the following unit prices. ' Item Spec. Description of Item Unit Quantity Unit Price Total No. No. ' 13. 601,SP 614 Connection to Supply '13' including Supply Cabinet ea 1 2,000.00 2,000.00 14. 601, 614 Connect to existing Supply ' SP `A' (Energization by Ontario ea 1 1,500.00 1,500.00 Hydro) 15. 604 Down Guy and Anchor (as ea 9 300.00 2,700.00 per OPSD 2235.01) ' Total (excluding GST) $144,912.00 GST (7% of Total) 10,143.84 ;: ' TO 'AL 'ENDEir AMOUNT 155�f#55 ' Tenderer's GST Registration No. 101514305RT ' Page 4 of 6 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL99-9 WE, the Undersigned, HEREBY AGREE to become bound as Surety for in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No. CL99-9, Highway No. 2 Street ' Lighting, Townline Road to Courtice Road, Courtice, is accepted by the Authority. ' IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null ' and void. DATED AT this day of 1999. ' Name of Bonding Company Signature of Authorized Person Signing for Bonding Company ' (BONDING COMPANY SEAL) rPosition ' (This Form shall be completed and attached to the Tender Submitted). ' Page 5 of 6 pages SCHEDULE OF TENDER DATA CONTRACT NO. CL99-9 ' The work specified in the Contract shall be performed in strict accordance with the following Schedule: A. TENDER FORM: General Pages 1 and 2 ' Itemized Bid Pages 3 - 4 Agreement to Bond Page 5 Schedule of Tender Data Page 6 B. INSTRUCTIONS TO TENDERERS Pages 1 to 4 ' C. SPECIAL PROVISIONS - GENERAL Pages 1 to 19 D. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 9 E. STANDARDS F. PLANS: Drawings No. 1 - 3 ' G. STANDARD SPECIFICATIONS: ' It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications. OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date 127 Current 603 March 1993 609 June 1991 615 Sept. 1993 ' 128 Current 604 Sept. 1993 614 June 1991 617 Sept. 1984 601 March 1993 ' I. GENERAL CONDITIONS: OPS General Conditions of Contract (August 1990) ' The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms contained herein. ' B Y Y g m /our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and Specifications, for Contract No. CL99-9, executed by me/us bearing date the 10th ' day of August 1999. SIGNATURE: POSITION: President ' NAME OF FIRM: DUNDAS POWERLINE LTD. (COMPANY SEAL) This is Page 6 of 6 Pages to be submitted as the Tender Submission for Contract No. CL99-9. i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL99-9 INSTRUCTIONS TO TENDERERS INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL99-9 CLAUSE SUBJECT PAGE 1. GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. BLANK FORM OF TENDER 1 3. TENDER DEPOSITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. RIGHT TO ACCEPT OR REJECT TENDERS 2 6. UNACCEPTABLE TENDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. ABILITY AND EXPERIENCE OF TENDERER . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. PROVINCIAL SALES TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9. GOODS AND SERVICES TAX (GST) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10. EXECUTE CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11. COMMENCEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. LOCATION 3 13. TENDERERS TO INVESTIGATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' 14. INQUIRIES DURING TENDERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16. ADDENDA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17. UTILITIES 4 PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL99-9 1. GENERAL SEALED Tenders plainly marked "Contract No. CL99-9" will be received until: 2:00 P.M., LOCAL TIME, WEDNESDAY, AUGUST 11, 1999 and shall be addressed to: Ms. Patti Barrie, Clerk Corporation of the Municipality of Clarington Municipal Administration Centre 40 Temperance Street Bowmanville, Ontario. L1C 3A6 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. 3. TENDER DEPOSITS All tenders shall be accompanied by a certified cheque or a bid bond issued by a surety approved by and in a form containing terms satisfactory to the Municipality's Treasurer, in the minimum amount defined below, made payable to the Authority, as a guarantee for the execution of the Contract. . Total Tender Aiattn#; mum......e $ 20,000 00 or less $1,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 10,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 and over 200,000.00 All deposits will be returned within ten days after the Tenders have been opened except those which the Authority elects to retain until the successful tenderer has executed the Contract Documents. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL99-9 2. The retained tender deposits will be returned when the successful Tenderer has fully complied with the conditions outlined in the Contract Documents. 4. BONDS The Contractor is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfilment 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. 1 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. 6. UNACCEPTABLE TENDERS Each item in the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Authority and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Authority. 7. ABILITY AND EXPERIENCE OF TENDERER The Authority reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Tenderer. NDERERS INSTRUCTIONS TO T E CONTRACT NO. CL99-9 3. 8. PROVINCIAL SALES TAX Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this Contract. t9. GOODS AND SERVICES TAX (GST) The Tenderer shall NOT include any amount in his tender unit prices for the Goods and Services Tax. The GST will be shown on each payment certificate and will be paid to the Contractor in addition to the amount certified for payment and will therefore not affect the Contract unit prices. 10. EXECUTE CONTRACT DOCUMENTS Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful Tenderer. The successful Tenderer shall execute the Contract Documents and furnish the required bonds within 10 calendar days of receipt of notification of Acceptance of Tender. Failure by the successful Tenderer to meet the above requirements will entitle the Authority to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Tenderer's default. The Authority may then award the Contract to one of the other Tenderers or take such other action as it chooses. 11. COMMENCEMENT OF WORK The successful Tenderer shall commence work at the site within 7 calendar days of the official commencement date as specified in the written order issued in accordance with GC7.01.02 of the General Conditions. 12. LOCATION �! The work is located on Highway No. 2 from Townline Road (Reg. Rd. 55) to Courtice Road (Reg. Rd. 34), Courtice. 13. 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. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL99-9 4. The Tenderers shall carefully examine all plans so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 14. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Contract Administrator, Totten Sims Hubicki Associates, ' Telephone: 905-372-2121, attention: R. Albright, P.Eng. or W. McCrae, P.Eng. 15. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". Wherever the word "Ministry", "M.T.C." or "M.T.O" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington. Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as may be authorized by the Authority to act in any particular capacity. 16. ADDENDA The Contractor shall ensure that all addenda issued during the tendering period are attached as part of the submitted bid. Failure to do so will result in disqualification of the bid. 17. UTILITIES For additional information regarding existing utilities the Contractor may contact the following personnel: Ontario Hydro: Mr. Scott Goodhand Enbridge Consumers Gas: Mr. Tho Vuong Tel: 905-623-1071 Tel: 905-668-9341 Bell Canada: Mr. Mark Clarey Cable TV: Ms. Cindy Ward Tel: 905-433-3632 Tel: 905-579-1601 CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL99-9 SPECIAL PROVISIONS - GENERAL 17n8/20/8/c ' INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL99-9 CLAUSE SUBJECT PAGE 1. GUARANTEED MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. CONTRACT TIME AND LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE . . . : : . . . . . . . . . . . . . . . . . . . . . . 2 4. OPS GENERAL CONDITIONS 3 5. LAYOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. LABOUR CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. SUPPLY OF MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8. PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10. TRAFFIC CONTROL, FLAGGING . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . 11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS 9 12. CONSTRUCTION SEQUENCE AND MAINTENANCE OF TRAFFIC . . . . . . . . . . . . . . . . . . 9 13. EMERGENCY AND MAINTENANCE MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL . 10 15. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES . . . . . . . 11 16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) : : : ; : : : : . . . 12 17. SPILLS REPORTING 12 18. CONCRETE MIX DESIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19. APPLICABLE STANDARD SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT . . . . . . . . . . . . . 15 21. GOVERNMENTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22. ENGINEERING ARBITRATION • . . . • . . • . . . . . . • . • • . • . . . • . . . . • . . . . . . . . . . • • • • 17 23. STORAGE AREAS 17 24. GENERAL LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25. CONSTRUCTION LIEN ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 26. WORKPLACE SAFETY AND INSURANCE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 27. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 GUARANTEED MAINTENANCE 1. Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 2. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC1.06. (2) Progress of the Work and Contract Time ' The charging of working days shall commence on Monday, October 4, 1999 and the Contractor shall diligently prosecute the work on this contract to completion on or before the expiration of thirty-five (35) working days from the date of commencement. If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. Working days shall be charged until the date of completion of the work as set out in the Certificate of Completion issued in accordance with GC8.02.03.06. SP ECIAL PROVISIONS - GENERAL CONTRACT NO, CL"-9 2. Working days will not be charged during "waiting period" for delivery of street light poles, luminaires or bracket arms. "Waiting period" is defined as the time between approval of shop drawings to delivery of street lighting items. (3) Worldng Day Working Day as defined in GC1.04 is modified by the addition of the following under Paragraph (a): Except any day from ...................................... inclusive, even though the Contractor may elect to carry out any approved work as called for under this Contract during this period. The Contract Administrator will furnish to the Contractor for his signature a weekly "Statement of Record of Working Days". The Contractor will be allowed two weeks in which to file a written protest setting forth in what respects the said weekly statement is incorrect, otherwise, the statement shall be deemed to have been accepted by the Contractor as correct. (4) 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 within the number of working days as set forth in the special provisions or as extended in accordance with Section GC3.07 of the General Conditions, a loss or damage will be sustained by the Authority. Since it is and will be impracticable and extremely difficult to ascertain and determine the actual loss or damage which the Authority will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Authority the sum of FOUR HUNDRED DOLLARS ($400.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work in excess of the number of working days 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 number of working days. The Authority may deduct any amount under this paragraph from any moneys that may be ' due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.07 is defined as an employee of the Contractor. SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL99-9 3. 4. OPS GENERAL CONDITIONS ' Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, August 1990. 5. LAYOUT 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 lay out and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. 6. LABOUR CONDITIONS General This Special Provision is to be read in conjunction with Section GC8.02.06, Payment of Workers, of the General Conditions of the Contract and is subject to The Industrial Standards Act, The Employment Standards Act, 1980 and the regulations made thereunder. The wage rates set out in the Roads and Structures Fair Wage Schedule are subject to change periodically. Any increase in costs incurred by a change in the wage rates shall be borne by the Contractor. Definitions �j For the purposes of this Special Provision, s (a) "regular rate" means, ' (i) the hourly rate paid to an employee for their normal non-overtime work week, or; (ii) in the case of an employee to whom sub-clause (i) does not apply, the amount obtained by dividing their total earnings for the week by the number of hours they worked in the week. SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL99-9 4. (b) "work on roads" means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures; and; (c) "work on structures" means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge; tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto; provided, however, that the Minister of Labour, Ontario may at his/her sole discretion determine whether any particular work is to be classified as work on roads or as work on structures and such decision may be made notwithstanding the definitions herein contained. Hours of Work and Wages The regular work week for a person employed on work on roads being done under this Contract or any other Contract subject to these or similar labour conditions shall not exceed 55 hours and all time worked by such person in excess of 55 hours a week shall be overtime except that part of the hours of work in excess of 55 hours a week which together with the hours worked in the preceding week do not exceed 55 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. The regular work week for a person employed on work on structures being done under this ' Contract or any other Contract subject to these or similar labour conditions shall not exceed 50 hours and all time worked by such person in excess of 50 hours a week shall be overtime except that part of the hours of work in excess of 50 hours a week which, together with the hours worked in the preceding week do not exceed 50 hours in that preceding week. But, in no case shall the number of hours that can be included in the hours of work for that preceding week exceed 22 hours. ' Every person employed by the Contractor or a sub-contractor or other person to do any part of the work contemplated by this Contract shall be paid while employed on such work at not less than the wage rate set out in the Roads and Structures Fair Wage Schedule for the appropriate classification of such work or not less than such other wage rates as, during the continuance of the work, are fixed by the Minister of Labour, Ontario, for hours of work that are not overtime and shall be paid one and one half times his/her regular rate for all hours of work that are overtime. Notwithstanding that a Contractor pays wages in excess of the wage rates set out in the Roads and Structures Fair Wage Schedule, he shall not, in computing overtime wages payable to an employee, set off against such overtime wages any part of the wages earned by the employee in respect of their regular work period. Where a person is working on more than one Contract that is subject to these conditions, including any municipal Contract that contains similar labour conditions, the regular work week and the entitlement to overtime for that person shall be based upon the total hours worked on all SPECIAL PROVISIONS - GENERAL ' CONTRACT NO. CL99-9 5. ' such Contracts and if, on this basis, overtime is worked on this Contract the Contractor shall pay such person at the overtime rate and no waiver by that person of this entitlement to overtime ' wages and no interposition of a third party by way of an employment agency or as the nominal employer of that person shall relieve the Contractor of his/her obligation to pay that person the overtime wages. ' Decisions by Minister of Labour ' Where there is no appropriate classification set out in the Roads and Structures Fair Wage Schedule for any particular class of work, the Minister of Labour, Ontario, may designate or establish the appropriate classification and the wage rate. The Contractor, upon receipt of notice of any decision of the Minister of Labour, Ontario, made under this Contract, shall immediately adjust the wage rates, hours and classification of work so as to give the effect to such decision. ' Fair Wage Schedule The Contractor shall make applicable to this Contract and post, in accordance with Section GC7.11 of the General Conditions of the Contract, the current edition of the Ontario Ministry of Labour's Roads and Structures Fair Wage Schedule and any amendments thereto. ' Contractor to Keep Records Which are to be Open for Inspection ' The Contractor shall keep proper books and records showing the names, trades, addresses and hourly wage rates of all workers in his/her employ or employed on this Contract through an employment agency and the wages paid to and time worked by such workers both at regular ' wage rates and at overtime wage rates, and the books or documents containing such records shall be open for inspection by officers of the Government at any time it may be expedient to the Minister of Labour to have the same inspected. ' Ministry Requirements Before Payments Made to Contractor The Contractor shall from time to time upon request furnish the Ministry with such detailed ' information and evidence as may be required in order to establish that these labour conditions have been complied with not only by him/her but by any sub-contractor or other person doing any part of the work contemplated by the Contract. Off Site Work ' The Labour Conditions are intended for application primarily to work on the Contract site. Work that is carried out on sites that are not in the immediate vicinity of the Contract site or that are not used exclusively for the purposes of Contracts including Municipal Contracts, containing similar labour conditions will not be subject to the Labour Conditions. ' SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 6. i Training Period for Equipment Operators ' (a) Employees, other than students, learning to operate equipment are classified as "Apprentice Equipment Operators" during, ' (i) their first three months operating equipment which does not require a licensed operator; or (ii) their first 18 months operating equipment which requires a licensed operator. ' (b) The wages for apprentice equipment operators are as follows: ' Windsor Zone The wage rate for Cement Improver Hamilton Zone The wage rate for Asphalt Raker Toronto Zone The wage rate for Asphalt Raker ' Ottawa Zone The wage rate for Skilled Labourer Provincial Zone The wage rate for Skilled Labourer. ' Pile Driver Employees other than an operator are to be classified as "Pile Driver Men" and shall be entitled to the wage rate for "Labourer" - Structure Section. Servicing of Equipment by Operator "On Site" ' The Operator shall be entitled to his/her wage rate for the work in accordance with the terms of the "Special Provisions - Labour Conditions." ' Travelling Time Travelling time will not be subject to the Fair Wage Schedule. The hours and wages or monies ' paid for travelling time are to be deleted from the wage record of an employee in computing his/her wage entitlement. ' Gravel and Chip Spreader - Provincial Zone Employees engaged in this classification of work shall be paid the wage rate of Equipment and Maintenance Operator, Group 'B'. Room and Board Allowance ' The amount of room and board allowance will be negotiated between the employer and employee but in no case will the net amount of wages due to an employee be less than such wages an employee in General Construction work would receive at the minimum wage and overtime at one and one-half times that rate for hours worked in excess of forty-four a week and the maximum deduction for Room and Board per week as allowed by Regulation under the Employment Standards Act. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 7. ' Farm or Industrial Tractors with Attachments ' The attachment must be power operated and be an integral part of the tractor. Wage Rates for Students ' (a) Students employed as FLAGPERSONS or WATCHPERSONS shall be entitled to the wage rate for these classifications. ' (b) Students performing work in positions that are classified in the Fair Wage Schedule, other than FLAGPERSONS or WATCHPERSONS, shall be entitled to receive the student rate, notwithstanding the rate set out in the Schedule for the classification applicable to the work. ' (c) Students employed for more than three months in a classified position shall then be entitled to the wage rate for that classification. (d) Students performing work in positions that are not classified in the Fair Wage Schedule shall be entitled to receive the student rate, regardless of the location of the Contract. 7. SUPPLY OF MATERIALS ' All materials necessary for the proper completion of the work shall be supplied by the Contractor, except as specifically noted, and the payment provided in the Contract shall be ' deemed to include full compensation for the supply of such materials. Materials listed in OPSS 128 and as amended from time to time, shall be supplied only from sources designated in the Ministry of Transportation Manual of Designated Sources for ' Materials. Amendment to OPSS 128 ' Section 128.05.02 of OPSS 128 is amended in that the list of materials to be supplied from designated sources is revised: ' (1) By the deletion of the following: 6.85.25 Flasher Beacon, Aluminum (121.310) 9.20.10 Coal Tar Epoxy ' (2) By the addition of the following: 9.20.10 (Structural Steel) Coal Tar Epoxy ' 9.20.15 (Structural Steel) Coal Tar Epoxy ' SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL99-9 8. 8. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. ' Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2�h percent of the total value of work performed beyond the expiration of 45 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all ' work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03). The Completion Payment Certificate to include statutory holdback release, will be issued within ' 120 days after the date for completion as specified under GC 1.06. 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. ' 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. 9. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: ' The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the ' relocation not being completed before the start of this Contract. The location and depth of underground utilities shown on the Contract drawings, are based on ' the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 9. ' 10. TRAFFIC CONTROL, FLAGGING ' Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods for Traffic Control" issued by the Construction Safety Associations of Ontario. Copies of this pamphlet may be obtained by request from the Ministry ' of Transportation's District Office. Each flagman shall, while controlling traffic, wear the following: ' (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. 11. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS In accordance with Section GC7.06 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, etc., required on the work. ' Traffic controls shall be provided in general accordance with the latest edition of the "Manual of Uniform Traffic Control Devices", Division 5. As a minimum requirement and without ' restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied for each Part: ' Sign Number Sign M+�ssage Number { utred.: ' TC-1 CONSTRUCTION AHEAD 2 TC-3L LANE CLOSED AHEAD 2 TC-41A CONSTRUCTION ZONE BEGINS 2 TC-41B CONSTRUCTION ZONE ENDS 2 Traffic controls shall be operational before work affecting traffic begins. 12. CONSTRUCTION SEQUENCE AND MAINTENANCE OF TRAFFIC The work shall be carried out in accordance with the following conditions: ' 0 Luminaires and bracket arms to be installed on Ontario Hydro poles after required aerial wiring and upgraded poles are installed by Ontario Hydro. Energization of street lights (connection to supply) to be made by Ontario Hydro. ' SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 10. Single lane closures on Hwy. 2 will be allowed as required to complete the work. Lane closures will be subject to the approval of the Engineer and the Regional Municipality of ' Durham. The Contractor must submit a work schedule indicating traffic maintenance procedures for approval by the Contract Administrator prior to commencement of work. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. ' No deviation from the approved procedure will be allowed except with the approval of the Engineer. ' Notwithstanding the preceding, the Contractor shall at all times maintain two lanes for through traffic (one lane in each direction), 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. ' No road closures will be permitted 13. EMERGENCY AND MAINTENANCE MEASURES ' Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the ' Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. Should the Contractor be unable to carry out immediate remedial measures required, the tAuthority will carry out the necessary repairs, the costs for which shall be charged to the Contractor. 14. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL The requirements of OPSS 180 shall apply to this Contract, revised as follows: 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 by Re-Use, shall be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. This form to be used with Ontario Provincial Standard Specification 180 PROPERTY OWNER'S RELEASE Contract No. Work Description: ' I/We being the owner(s) of Lot , Concession Township of , and County/Region/District of . verify that the Contractor for the above noted work has ' placed excess material from the above noted Contract on my/our property with my/our permission. VVe have been advised by the Contractor of the "Conditions on Management" described in OPS Forms 1800 or 1801, " Site Selection Notification for Management as Disposable Fill,or'Site ' Selection Notification for Materials Stockpiling",respectively,or both, and have been assured by the Contractor that these conditions have been met. Where materials are managed as disposable fill, I/We agree to be responsible for any subsequent ' relocation and management of the material so placed. Where materials are to be stockpiled,We agree that the stockpile(s)will be removed by the dates) ' herein noted Dated this day of 19 Print Contractor's Name & Field Representative's Name ' Contractor's Field Representative signature Property Owner(s) Signature(s) Copies to: Contract Administrator, Property Owrer(s),Contractor OPSF 1803 December 1993 Ontario Provincial Standard Form This form to be used with Ontario Provincial Standard Specification 180 SITE SELECTION NOTIFICATION FOR MATERIALS STOCKPILING Contract In f omw on ' Contract No. Owner: The following describes the notification process between the Owner of the Contract and the Contractor, wherein the Contractor formally notifies the Owner that agreement has been reached with a third party property owner for the stockpiling of Contract generated excess material.Such excess material,stockpiled for re-use, may be one of or a combination of: earth; aggregate, swamp material; rock concrete; masonry, bituminous pavement; natural wood; metal, plastic,and polystyrene;wood which has been treated,coated or ' glued and debris from open fires, provided the conditions on management are satisfied. site Infornration Property Owner(s) for the subject property: The subject property: Lot .Concession .Township of County/Region/District of Quantity and Type of Excess Material stockpiled This is to notify yew, as Owner, that permission has been obtained from the property owner(s) named herein foe the management of excess materials from this Contract The property owner has also been provided with a copy of this form and has been advised that a Property Owner's Release Form,OPSF 1803,will be required.The use of this management site will comply with the following: Corrditivrr r on ManagrMW , It is understood that materials are stockptled to be cc-used or held for disposal at a certified waste disposal site.Stockpiles of natural wood,manufactured wood,debris from open fires and twatmp material may only be located: a. a minimum of 2 m above the kvd of groundwater. b. a minimum of 30 m from water bodies; C. a minimum of loo m from any water wd1s;and d. a minimum of 100 m from residences. 1 Stockpiles of bituminous pavement,concrete and masonry may only be located. a. a minimum of 30 m from water bodies and b. a minimum of 100 m from residences unless 1. on property with a boundary common to a right-o(Avay.within the contract limits,for a period not exceeding 120 calendar days,or 2. such stockpiles are located within a provincial or municipal works yard or in a txxnmercialiy licensed pit or quarry. These conditions do not supersede any constraints Imposed on this property by Federal,Provincial or Municipal statute or regulations and bylaw% made thereto. Dated this day of 19 Paint Contractor's Name&Fic{d Representative's Name ' Contractor's Field Representative signature Property Owner(s)Signatures) ' ec: Contract Administrator. Property Owner's).Contractor OPSF 1801 December 1993 Ontario Provincial Standard Form Tho, form to he used with Ontario Provinctal Standard Speaficamm 180 SITE SELECTION NOTIFICATION FOR MANAGEMENT AS DISPOSABLE FILL C Wad Information Contract No. Owner. The following describes the notification process between the Owner of the Contract and the Contractor, wherein the Contractor formally notifies the Owner that agreement has been reached with a third party property owner for the disposition of Contract generated excess material. Such excess material, managed as disposable fill shall be limited to one of or a combination of: earth;aggregate;swamp material; rock; natural wood and debris from open fires, provided the conditions on management are satisfied. Site Informal at Property Owner(s) for the subject property. The subject property: Lot ,Concession .Township o f County/Region/District of .Ouantity and Type of Excess Material used as fill. This is to notify you, as Owner, that permission has been obtained from the property owner(s) named herein for the management of excess materials from this Contract. The property owner has also been provided with a copy of this form and has been advised that a Property Owner's Release Form,OPSF 1803,will be required.The use of this management site will comply with the following. Condit ions on Mamgement Bituminous pavement.concrete,masonry,wood which has been treated,coated ouglued,and metal,plastic,and polystyrene products win act be accepted for management as disposable fin. Swamp material managed as disposable fill will be top cowered by a minimum of 300 mrn of earth or topsoil.Swamp material managed as disposable fill may only be placed Ir a. a minimum of 2 m above the level of ground water. ® b. a minimum of 30 m from crater bodies; C. a minimum of 100 m from any water wells;and d. a minimum of 100 m from residences. These conditions do not supersede any constraints imposed on this property by Federal,Provnclal or Municipal statute or regulations and bylaws made thereto. �. Dated this day of 19_ Print Contractor's Name do Field Representative's Name Contractor's Field Representative signature Property Owner(s)Signature(s) cc. Contract Administrator, Property Owner(s), Contractor OPSF 1800 December 1993 Ontario Provincial Standard Form I th is form to be used with Ontario Provincial Standard Spccifwauon 180 WASTE QUANTITY REPORT For Solid Non-hazardous Industrial and Commercial Waste Contract No. Contractor Material Description location of Disposal Site and Quantity of Materials Certificate of Approval Number OPSF 1805 December 1993 Ontario Provincial Standard Form SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL97-19 13. 17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. Desi mated Substance Itici ifie$on this Slte Location g: Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No Mercury No Silica No Vinyl Chloride No It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. lPrior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment and Energy at 7 Overlea Boulevard, Toronto, Ontario, M4H 1A8, 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 and Energy has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment and Energy's concerns have 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. SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL99-9 11. 15. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. r Des!gnated Substance Identified en this Sete 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 performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment and Energy at 7 Overlea Boulevard, Toronto, Ontario, M4H 1A8, 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 and Energy has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment and Energy's concerns have 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. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 12. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. 16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting 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 labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and provide the relevant Material Safety Data Sheets. 17. 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. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. 18. CONCRETE MIX DESIGNS The Contractor shall be responsible for the concrete mix design except for low slump concrete overlays and latex modified concrete overlays which the Authority will design, and for providing concrete of the specified properties. Concrete shall conform to the requirements of OPSS 1350 except as noted below: (1) Sub-section 1350.07.07.01 is deleted and replaced by the following: 1350.07.07.01 Contractor Designed Mix Mix proportions shall be selected in accordance with A.C.I. Standard 211.8-81 "Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concretes" and the requirements of this special provision. SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL"-9 13. The values given in Table 5.3.6 of the A.C.I. standard for the determination of the volume of coarse aggregate in the concrete mix shall be increased by not less than 10 percent except where the concrete is deposited using a pump. At least three weeks prior to the placement of concrete the Contractor shall submit to the Contract Administrator a statement indicating the source of coarse and fine aggregate to be used in the concrete work. The mix proportions and the required test data, for each class of concrete, shall be submitted to the Contract Administrator at least seven days prior to the placement of concrete. They shall be submitted in the standard Form PH-CC-433. Contractor Designed Concrete Mix Mix Proportions shall be expressed as follows: (i) Portland Cement - Type, Source and Content in kilograms per cubic metre of concrete. (ii) Cementitious - Percent Slag, Source and Content in Hydraulic Slag kilograms per cubic metre of concrete. (iii) Coarse Aggregate - Nominal maximum size, Relative Density (Dry) Source, Content in kilograms per cubic metre of concrete and Dry Rodded Density in kilograms per cubic metre of concrete. (iv) Fine Aggregate - Fineness Modulus, Relative Density (Dry), Source and Content in kilograms per cubic metre of concrete. (v) Water - Content in kilograms per cubic metre of concrete. (vi) Chemical - Source, Type and Dosage per 100 Admixture kilograms cement. (vii) Air Entraining- Source and Type. Admixture Mix proportions shall be based on an aggregate in an oven d condition. M p p dry Strength Test Data The contractor shall produce the following information with regard to the mix design. The information shall consist of test data from a laboratory or field mixed batch of concrete, or a summary of test data from previous work using similar concrete mix proportions, as follows: SPECIAL PROVISIONS - GENERAL CONTRACT NO, CL99-9 14. (i) Laboratory or Field Mixed Batch of Concrete The test data shall include compressive strength tests consisting of at least one set of standard cylinders tested at 7 days, and 1 set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag, the compressive strength tests shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. Note: The intent of the laboratory or field mixed batch of concrete is to indicate the ability of the proposed mix proportions to produce concrete of the required properties. (ii) Summary of Test Data The test data shall include at least ten consecutive 28 day strength tests from previous work. The data shall report individual strength tests and the average of all groups of three consecutive strength tests. The air content and slump of the samples of concrete used to fabricate the test cylinders shall be stated. The tests shall have been carried out within a period of two years prior to the award of the contract. (2) Sub-section 1350.08.01.02 is deleted and replaced by the following: 1350.08.01.02 Sampling of Mix Design Materials For Contractor designed mixed samples of acceptable aggregates, cement, water, chemical admixtures and air entraining admixtures representative of the materials to be used in the work shall be provided to the Contract Administrator when requested at the time the proposed mix proportions are submitted to the Authority. (3) Sub-section 1350.07.07.03, Part (b), is deleted and replaced by the following: 1350.07.07.03 High Strength Concrete (b) Contractor Design Mix The proposed mix proportions shall meet the requirements of revised Sub-section 1350.07.07.01 above and in addition shall be tested in a full size field trial batch of concrete. When the concrete is mixed within a ready mixed truck, the size of the trial batch shall be that volume of concrete normally mixed in the truck. When the Contractor elects to use a source of ready mix concrete, the trial batch of concrete shall originate from the same plant that will be used for the supply of high strength concrete and the trial batch shall be delivered to the site of the work and tested. Where access to the site of the work is not possible the Contract Administrator will designate a suitable location for testing. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 15. The testing of the field trial batch of concrete shall be the responsibility of the Contractor. Strength test data from the field trial batch shall consist of at least one set of standard cylinders tested at 7 days and one set of standard cylinders tested at 28 days. For mixes with cementitious hydraulic slag the strength test data shall also include one set of standard cylinders tested at 3 days. The air content, temperature and slump of the samples of concrete used to fabricate the test cylinders shall be stated. When approved by the Contract Administrator, the concrete from the trial batch may be incorporated into parts of the structure. Basis of Payment All costs for the above work shall be included in the contract price for the appropriate concrete item(s). 19. APPLICABLE STANDARD SPECIFICATIONS All work shall be completed in strict accordance with the requirements of Ontario Hydro, the Canadian Electrical Code and Provincial Amendments. Ontario Provincial Standard Specifications (OPSS) governing the work of this Contract shall be as listed in the "Schedule of Tender Data", Section G, with the applicable date of issue as indicated for each Specification. With the exception of OPSS 127 and 128, these Specifications shall remain in effect throughout the duration of this Contract, whether or not they be modified or re-issued by the responsible agency subsequent to the tender advertising date. The issues of OPSS 127 and 128 which are current at the time the work is performed or material furnished, shall govern. 20. COMPLIANCE WITH THE OCCUPATIONAL HEALTH AND SAFETY ACT Clause GC7.01.06 of the OPS General Conditions of Contract is deleted and replaced by the following: 06) The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, RSO 1990, c.0.1 (the Act) and Ontario Regulation 213/91 (Construction Projects) and any other regulations under the Act (the Regulations) which may affect the performance of the Work, as the Constructor or Employer, as the case may be. The Contractor shall ensure that: Ili (a) worker safety is given first priority in planning, pricing and performing the Work; SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 16. �- (b) its officers and supervisory employees have a working knowledge of the duties of a Constructor and Employee under the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them; (c) a copy of the most current version of the Act and the Regulations are available at the Contractor's office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work; (d) workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; (e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and (f) all subcontractors employed by the Contractor to perform part of the Work and their employees are properly protected from injury while they are at the work place. The Contractor when requested shall provide the Owner with a copy of its health and safety policy and program at the pre-start meeting, and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and 1 inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed as a result of the Contractor's failure to comply with the requirements of the Act and the Regulations. CONTRACTOR SAFETY POLICY AND PROCEDURE CONTRACTOR'S STATEMENT OF RESPONSIBILITY As a contractor working for the Municipality of Clarington,J/Wa—will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site specific policies and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees, a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "Act's; and v sufficient knowledge and training to perform all matters b) have 9 required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/tender, the contractor/successful tenderer shall, a) act safely and comply in all respects to the Act, and b) ensure that its employees, it subcontractors and their employees act safely and complying all respects with the Act. 3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non- compliance. 4. The contractor/successful tenderer shall permit representatives of the Municipality and the Health and Safety Committee on site at any time or times for the purpose of inspection to determine compliance with this t contractor/tender. 1 r CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... 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 an loss inconvenience damage or y g cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender; b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the Municipality (or any of its council members or employees) shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender. .............................................................................................................................................. Contractor Name of Person Signing for Contractor .............................................................................................................................................. Signature of Contractor Date DATE ,11 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. CONTRACTOR SAFETY POLICY AND PROCEDURE Schedule "AM HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workers' Compensation (WCB) information noted below,where applicable. • The New Experimental Experience Rating (NEER) - The WCB experience rating system for non-construction rate groups ......... .................. ... .................................................... • The Council Amended Draft #7 (CAD-7) Rating - The WCB experience rating system for construction rate groups .................................................:........................................... • Injury frequency performance for the last two years - This may be available from the contractor's trade association Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction). • Confirmation of Independent Operator Status -The WCB independent operator number assigned: (Bidders to include the letter confirming this status and number from WCB with their bid submission.) ' CONTRACTOR SAFETY POLICY AND PROCEDURE Schedule "B" CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK'ORDER The purpose of this form is to: (Issuer to check one of the following) ❑ Provide warning to the contractor to immediately discontinue the unsafe work practice described below ❑ Direct the contractor to immediately cease all work being performed under this contract due to the unsafe work practice described below. FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A BREACH OF CONTRACT PART"A"- DETAILS OF CONTRACT CONTRACT/P.O. # DESCRIPTION: NAME OF FIRM: PART"B"- DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 17. 21. GOVERNMENTAL REQUIREMENTS The Contractor shall obey all Federal, Provincial and Municipal laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and regulations made thereunder on a contractor, a constructor and/or an employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. 22. ENGINEERING ARBITRATION The Contractor's attention is drawn to Clause GC3.15 of the General Conditions of Contract. In the event that dispute cannot be resolved by negotiation, arbitration procedures will be followed in this Contract. All parties shall agree to binding arbitration to resolve outstanding claims. 23. STORAGE AREAS Clause GC3.06.01 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. 24. GENERAL LIABILITY INSURANCE Clause GC6.03.02.01 is amended by the addition of the following: The Regional Municipality of Durham shall be added as an additional named insured. 25. 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. SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 18. Where any lien claimant asks from the Authority the production for inspection of the Contract Documents or the state of the accounts between the Authority and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Authority should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Authority from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Authority its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by sauch 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. 26. WORKPLACE SAFETY AND INSURANCE BOARD All references in the General Conditions of Contract to "Workers' Compensation Board" shall now read "Workplace Safety and Insurance Board". SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL99-9 19. 26. 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. S.A. Vokes, P.Eng., Director of Public Works Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 Re: Contract No. CL99-9 Dear Sir: I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Corporation of the Municipality of Clarington from further obligations. Yours very truly, .................................. Signature Property Owner's Name............................Lot......Concession.......... Municipalityof ........................................ (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. MUNICIPALITY OF CLARINGTON CONTRACT NO. CL99-9 SPECIAL PROVISIONS - TENDER ITEMS ' 17Mr20is/c PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL99-9 SSTREET LIGHT POLES - ITEMS NO. 1, 2a) and 2b) ' The concrete street light poles shall be 10.7 m (35 ft.) for Item No. 1, and 13.7 m (45 ft.) for Item No. 2a). Items 1 and 2a) shall both be tapered hollow concrete poles meeting C.S.A. Standard Class "BT" requirements and shall have two diametrically opposed cable entrance ports measuring ' approximately 60 x 120 mm centred at a point 450 mm below finished grade as installed. A handhole centred at a point 2.1 m above the finished grade shall be provided, measuring approximately 90 x 200 mm complete with socket head screw retained metal cover plate. A grounding lug bonded to the ' reinforced steel shall be located inside the pole, centred at and opposite to the handhold. Installation of street light poles is to be generally as shown on Drawing N-632. The street light poles for Item 2b) shall be round tapered galvanized steel poles, similar to Cat. No. 453X3 as supplied by International Utility structures Inc., or approved equivalent. (Contact Mr. Graham Smith at 1-800-263-9444). Poles shall be 13.7 m (45 ft.) long, suitable for direct burial and ' able to accommodate all required framing for low voltage aerial supply and street light bracket arms. Poles are to be predrilled by the manufacturer to accept bracket arms 0.3 m from top of pole and shall also be predrilled at 0.2 m increments staggered around the pole between 6 m and 8 m above ' grade. Holes shall be able to accept all hardware required for aerial messenger cable, low voltage cable and guys. ' Payment at the contract price for Tender Items 1, 2a) and 2b) shall be full compensation for all labour, equipment and materials required for the unloading and installation of each pole including all earth excavation, backfilling and compaction. Such payment shall include compensation for restoration work where such work is not included in other Tender Items. All disturbed areas must be restored in kind. STREET LIGHT LUMINAIRES -ITEM NO. 3 ' AMENDMENT TO OPSS 617, SEPT. 1984 617.02 REFERENCES ' Section 617.02 is amended in that the reference to OPSS 2432 is deleted; the reference to Appendix 617-A- Material Specification for High Pressure Sodium Luminaires for Highway Lighting, is added. The section is also amended by changing the reference to CSA Standard C 22.2 No. 136 - 1966 to No. 211.2 - M1984. 2. Section 617.05.01 is deleted in its entirety and replaced with the following: 617.05.01 Luminaire, Roadway Lighting Type High pressure sodium luminaires shall conform to the requirements of Appendix 617-A and the information as described below: SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL99-9 2. B 01114 .r:.Akv lfr.+F.•.r.•4:::::::::::.::.,••,•••,.\•v.;y:.v: v4..;,.:..,,..;hF:{ti•};.;•:rs?!^.•>}:•i:•:iin y.•$::}4{,:::Y xv't{..;.,ti i;:•:;J^.: .}lti '?.:{�. r•.' 4.; ,... vkr• ?yk .+A''••'';v:iii:^:•f+•: :•s,J,:. •':,1{v 4,} •}?:�'G f!{�.•:'•}:titi•}...,.n.�}.•.v:{fi:•:tii•:...::$.. ... .:v:::::?...vv { ....hk:.. R.}�,.•+.`�. .4v.fi•.. ,ti ',} w {>.^ }••�F�'.?:•.:,4.:sv::^:;:;:•: .•::f•.:.+.•::n.n!tt::;;�:.:?'.3`.4�,.,.......�......:?:::.v:::•r......?::::•:::::•.::........• •.::•.v:.,......:.,• +:::::::::::?}:•:.. ...+.,�t;Yi.:.,•:;t;.:::•:{�?::::..:::. ' See Drawings Roadway luminaires - 200 W high-pressure sodium, 400 W housing, 200 W Integral type ballast, IES type III distribution, for 120 V operation conforming to Appendix 617-A. Manufacturer's Photometric curve.General Electric :171010 The luminaires shall be complete with 20OW high pressure ' sodium lamp ANSI designation S66MN-200. Luminaires shall be c/w photoelectric receptacle and controller. Each luminaire shall be fused by means of a separable fused secondary cable connector kit utilizing a 10 amp midget fuse. This connector is to be C.S.A. approved and shall be installed with the line supply conductor connected to the female receptacle and the luminaire conductor connected to the male plug. ' 3. Subsection 617.07.01 is amended in that the first paragraph is deleted. 4. Subsection 617.07.10 is deleted in its entirety and replaced with the following: 617.07.10 uali Control Q t3' Pre-installation Testing and Inspection The Contractor shall inspect the luminaires and brackets prior to installation to ensure that they meet the requirements of the contract. In particular, the socket position, refractor type and ballast,type shall be confirmed. Proof of Performance Testing and Inspection The Contractor shall ensure that all lamps, installed in luminaires, have a minimum "burning-in" period of 100 continuous hours prior to acceptance of the work by the Contract Administrator. ' The Contractor shall perform Low Voltage System tests required on the wiring system conforming to OPSS 604. 5. OPSS 617 is amended by the addition of the following Section: 617.08 Quality Assurance iThe Contract Administrator may make random inspections of the work. 6. Section 617.09 is deleted and replaced with the following: 617.09 Measurement For Payment ' Where the contract includes tender items using the Individual Item Method, measurement of the number of luminaires is by Plan Quantity as may be revised by Adjusted Plan Quantity. The unit of measurement is each. ' Note that luminaires that are to be mounted on hydro poles shall be connected to supply wire by Ontario Hydro. i SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL99-9 3. APPENDIX 617-A ' MATERIAL SPECIFICATION FOR HIGH PRESSURE SODIUM LUMINAIRES FOR HIGHWAY LIGHTING i 1.01 SCOPE iThis specification covers: ' a) 250 watt integral ballast type highway lighting luminaires for use with 100 watt, 150 watt and 200 watt clear high pressure sodium lamps; b) 400 watt integral ballast type highway lighting luminaires for use with 200 watt, i 250 watt and 400 watt clear high pressure sodium lamps. 1.02 REFERENCES This specification refers to the following standards, specifications or publications: ' Canadian Standards Association: CSA C22.2 No. 97-1969 - Outdoor and submersible Floodlights 1.03 SUBMISSION AND DESIGN REQUIREMENTS 1.03.01 Photometric Requirements Photometric tests by an independent laboratory shall be provided for the luminaires supplied to obtain the following data: a) isolux readings and mounting height correction factors; b) utilization chart or graph; c) candlepower distribution curves indicating peak intensity; d) luminous intensity table to IES formats, I-tables; ' e) luminaire efficiency values. rSPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL99-9 4. r ' 1.03.02 Electrical Requirements Ballast, terminal blocks, lamp socket, ground connector, internal wiring and all other components shall be suitable for the supply voltage and the maximum temperature encountered in totally enclosed outdoor weatherproof luminaires. All electrical components shall be CSA approved. Ballasts shall be of the following types: a) auto-transformer or isolated secondary transformer type for grounded systems. b) isolated secondary transformer type for ungrounded system. Ballasts shall be Class H (180 C) insulation, 60 hertz, low temperature (-35 C) and power factor not less than 0.90. The minimum nominal secondary open circuit voltage of ballast for various lamps shall be sufficient ' to provide reliable starting at -35 C. The ballast assemblies shall be factory pre-wired with all connections clearly marked and identified. ' The current crest factor of the ballast shall not exceed 1.8. The ballast loss for various lamp sizes shall be as indicated in the contract. Auto transformer type ballasts shall have a maximum of±12% variation in lamp wattage for a 5% variation in line voltage. Isolated secondary transformer type ballasts shall have a maximum of±12% variation in lamp wattage for a 10% variation in line voltage. Ballasts shall be suitable for 100W and 150W lamps of nominal operating voltage of 55 volts; for 200W, 250W, 310W and 400 watt lamps of nominal operating voltage of 100 volts. Terminal blocks shall be rigidly held and shall provide a positive connection for terminating the field wiring. ' Luminaire shall be provided with a ground terminal or lug for a single conductor #12 AWG stranded copper wire. The lamp sockets position shall be preset at the factory for the specified distribution. 1.03.03 Mechanical Requirements ' The luminaire housing shall be cast aluminum with refractor type glassware and stainless steel hardware. The bottom section of the housing shall be hinged to the top section and shall allow the lower housing and refractor to hang freely in the vertical position when open to provide easy access to the lamp, socket, ballast, terminal blocks, ground connector, slip fitter and reflector. 1 r SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL"-9 5. ' The slip fitter mounting assembly shall be totally enclosed within the luminaire and shall provide a safe clamping mechanism for 50 mm IPS diameter pipe and a vertical adjustment of a f3 degrees minimum. ' The lamp socket shall be cold-mounted porcelain. ' The refractor shall be heat-resistant glass with high resistance to breakage from thermal shock and shall be securely attached to the frame of the lower housing. ' The reflector shall be fabricated of polished, chemically brightened anodized aluminum not subject to distortion and shall be readily removable. Gaskets shall be provided between the reflector and refractor glass and between the reflector and lamp socket. The luminaire assembly when closed and in the operating position shall not be subject to damage by ' vibration. ' 1.03.04 Shop Drawings The shop drawings shall contain, at a minimum, the following information: ' a) All mechanical details, including dimensions, layout and mounting arrangements for components b) All electrical details, including wiring diagrams and component ratings ' c) All photometric information regarding the luminaire, including lamp position and photometric data sheets. The Contractor shall submit shop drawings to the Contract Administrator for filing purposes only. 1.04 MATERIALS 1.04.01 General ' The luminaire shall comply with all applicable requirements of CSA C22.2 No. 97. 1.04.02 Nameplate a) A permanently attached corrosion-resistant nameplate shall be provided on the exterior of the luminaire and shall indicate the manufacturer's name or trade mark, catalogue number and wattage. b) A permanent label indicating the socket positions required to provide the various ' distributions obtainable by use of various lamps shall be provided and attached to the interior of the luminaire so that it is clearly visible during maintenance operations. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL99-9 6. c) A permanent label shall be provided and attached to the interior of the luminaire indicating the suitable supply voltage and frequency; input current and nominal operating voltage of the lamp. ' d) A label including a wiring diagram shall be attached to each ballast showing the ballast schematic wiring diagram and shall be visible during maintenance operations. BRACKET ARMS - ITEMS NO. 4, 5 and 6 ' Bracket arms used for Item No. 4 are to be 2.4 m tapered elliptical aluminum brackets with a 1.2 in rise. Bracket arms for Item No. 5 are to be 3.65 in tapered elliptical aluminum brackets with 1.8 in ' rise. Bracket arms used for Item No. 6 are to be 5 m steel truss arms with a 3.0 in rise Style 1920 (see Std. Dwg. K-1920) as supplied by King Luminare (contact Mr. Wayne Kiely of the Lightplan Group, 1-905-972-1661) or approved equivalent. Installation shall be as per manufacturer's instructions. ' 32 of Item No. 4, 9 of Item No. 5 and all of Item No. 6 M are to be mounted on existing 0.30 to 0.45 m diameter wooden hydro poles 0.3 m below the neutral wire. Brackets to be mounted as per manufacturer's specifications. 19 of Item No. 4 and 1 of Item No. 5 are to be mounted on a 0.36 ' m dia. tapered steel hydro poles, 0.3 m from the top of the pole (45 ft. direct buried by Ontario Hydro). Mr. Scott Goodhand of Ontario Hydro should be consulted regarding mounting details. The remaining brackets for Item No. 4 are to be mounted on new tapered hollow concrete poles or new tapered steel poles. Refer to Drawing N-632 for mounting details. Payment at the contract price for these Tender Items shall be full compensation for all labour equipment and materials required to do all work including installation of all brackets and bracket assemblies. Such payment shall include compensation for all hardware, accessories and adjustments ' required. ' STREET LIGHTING CABLES IN DUCT - ITEM NO. 7 The cables from the power supply to the handhole shall be three single conductor #6 AWG RWU90 stranded Cu c/w #6 AWG RWU90 insulated copper ground. Cables are to be inserted into poles via the pole base or cable access ports. Connected ground wires to internal pole ground lug. Compression type tap or approved "Wire-Nut" type connectors are to ' be used for all connections and the service cable shall not be cut if it is to continue on to another light. All connections to ground and to the luminaire conductors are to be made at the handhold and taped or otherwise insulated after installation. ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL99-9 7. ' Where poles are not in place at the time of street light cable installation, the end of the cable shall be coiled and staked at the intended pole location with adequate cable to make connection at handhole. Where the cable is to continue on to another light, the cable shall be looped and not cut. Payment at the contract price for these Tender Items shall be full compensation for all labour, equipment and materials required to do the work regardless of size and number of conductors in the ' cable. All disturbed areas must be restored in kind. Item quantity reflects horizontal measurement from centre of pole or structure to next pole or structure (as per O.P.S.S. 604). ' 50 mm POLYPIPE DUCT (DIRECT BURIED) - ITEM NO. 8 and 50 mm RIGID PVC DB2 DUCT DIRECT BURIED - ITEM NO. 9 ' Ducts direct buried for lighting cables under non-vehicular areas shall be 50 mm polypipe PVC ducts and 50 mm rigid PVC DB2 under vehicular areas. ' After installation, the duct shall be cleaned of loose material and free of obstructions. A 3/8 inch polypropylene rope shall be placed in the duct and the duct suitably capped at each end to prevent ingress of foreign material. Ducts shall be direct buried as per drawings TSH-2 and TSH-3 and be placed a minimum of 450 mm for Item 8 and 600 mm for Item 9 and a maximum of 900 mm below finished grade for both. ' The trench bottom shall be shaped and uniformly graded to give continuous support throughout the entire length of duct. Lengths of duct shall be connected using couplings suitable to the size and type of duct supplied. Payment at the contract price for these Tender Items shall be full compensation for earth excavation, disposal of surplus or unsuitable material backfill, bedding, compaction, connections and all mechanical support and mounting equipment required regardless of the size and number of ducts. Such payment shall include compensation for removal and trimming of pavement, sidewalk, curb and gutter and sod as required and restoration work where such work is not included in other ' Tender Items. All disturbed areas must be restored in kind. Item quantity reflects horizontal measurement from centre of pole or structure to next pole or structure (as per O.P.S.S. 604). LOW VOLTAGE AERIAL STREET LIGHT CABLE - ITEM NO. 10 The cables from the power supply or existing secondary cable shall be 346 AWG RWU 90 ' Standard Cu c/w #6 AWG RWU 90 insulated copper ground. The unit price bid for this Item shall include for all required framing, connection to new luminaries on new poles (not existing hydro poles) and assemblies as required to complete this work. ' Alternating supply shall be provided for light runs with more than 2 luminaires. ' SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL99-9 g. ' PVC RIGID DUCT BY SUBSURFACE INSTALLATION (Provisional Item) - ITEM NO. 12 Provide 50 mm rigid PVC conduit at installed by auguring as per OPSS 603. ' This Item is provisional and may be required if unforeseen conflicts are encountered on site and it is determined that the installation of duct by auguring is required. ' The Contractor shall not proceed with works under this Item without the approval of the Contract Administrator. ' Restoration in kind of required bore pits shall also be included in the unit price bid for this Item. CONNECT TO SUPPLY - ITEM NO. 13 AMENDMENT TO OPSS 614, JUNE 1991 ' 614.05.03 Supply Control Cabinet Assembly ' Subsection 614.05.035 of OPSS 614 is amended in that the first paragraph is deleted and replaced with the following: ' The Contractor shall supply and install equipment for the power supply on the service pole in accordance with the Drawing No. TSH-1 and as follows. ' The load centre shall be a Square D Model Q08MRB or approved equal complete with top entry hub. ' The Contractor shall supply circuit breakers at the supply location as follows: 1 - 2 pole - common trip circuit breaker Square D Catalogue No. QOM100L (100 amp). ' This shall be used as the main circuit breaker. 4 - 15 amp, single pole for illumination ' Supply will be provided from existing feed on Ontario Hydro pole. Contractor to provide sufficient cable from enclosure to existing cable to allow Ontario Hydro to complete splice connection. ' Payment at the contract price for this Tender Item shall be full compensation for all labour, equipment and materials required to do the work including ground rods and bare ground wire. Such payment shall include compensation for testing, all accessories required, inspection and energization ' by Ontario Hydro. SPECIAL PROVISIONS -TENDER ITEMS CONTRACT NO. CL99-9 9. ' CONNECTION TO EXISTING SUPPLY `A' - ITEM NO. 14 Payment at the contract price for this Tender Item shall be full compensation for all labour, equipment and materials required to terminate the two street lighting cables inside of the existing transformer, supply `A' at Station 0+320 left. Such payment shall include compensation for testing, all accessories required, inspection and energization by Ontario Hydro. 1 i i 1 1 1 i MUNICIPALITY OF CLARINGTON CONTRACT NO. CL99-9 i STANDARDS PAGE ONE STANDARD DRAWINGS tCONTRACT NO. CL99-9 ' Standards TSH-1 Power Supply Detail ' TSH-2 Direct Buried Duct Detail - Under Non-Vehicular Area TSH-3 Direct Buried Duct Detail - Under Vehicular Area N-632 Standard Horizontal Luminaire Detail K-1920 Steel Truss Bracket Arm Detail OPSD 2101.01 Duct Installation in Trenches ' 2103.05 Duct Installation at Utility Crossings 2103.06 Augering Pits for Subsurface Installation of Ducts 2235.01 Pole Guying Details 2240.01 Wood Pole with Elliptical Bracket, Overhead and Underground Services 2245.01 Installation of Aerial Cable Systems 2245.02 Minimum Vertical Clearances for Aerial Cable Systems 2250.01 Aluminum Tapered Elliptical Brackets Mounting Details 2255.020 Pole Wiring Diagram 120/240 System 2420.01 2.4 m Aluminum Tapered Elliptical Bracket 3.0 M COIL OF SECONDARY CABLE 3 # 2 AWG Cu. FOR INCOMING POWER SUPPLY 32 roM RIGID PVC SERVICE ENTRANCE FITTINGS 32 MM RIGID PVC CONDUIT EXISTING HYDRO POLE (EPI) 50 MM RIGID PVC CONDUIT WEATHERPROOF SQUARE D LOAD CENTRE OR APPROVED EQUAL C/W TOP & BOTTOM HUBS & CIRCUIT BREAKERS AS SPECIFIED 32 MM RIGID PVC CONDUIT 0 o PVC STRAPS TYPICAL # 6 AWG STRANDED BARE COPPER GROUND WIRE FINISHED GRADE o 0 10 50 mm RIGID PVC CONDUIT TO 50MM POLYPIPE r GROUND RODS (2) (TYP.) 3000 600 NOTES, 1. CONTRACTOR SHALL CO-ORDINATE INSTALLATION ON HYDRO POLE WITH LOCAL HYDRO 2. FINAL CONNECTION OF INCOMING POWER SUPPLY BY LOCAL HYDRO 3. ALL DIMENSIONS ARE IN MILLIMETRES UNLESS OTHERWISE NOTED POWER SUPPLY STREET LIGHT CABLE SUPPLY N.T.S. MUNICIPALITY OF CLARINGTON DATE JULY 1999 totter in Imubidci associates `"ma`w.: 12-107 HWY. No. 2 DECORATIVE STREET LIGHTING M. : 513"m w ra BN sa 06"mob r"0 ELECTRICAL DETAIL TSH-1 100mm OF IMPORTED TOPSOIL SOD (NURSERY) GRADE A � 'J YELLOW WARNING TAPE ELECTRICAL SERVICE BELOW 900mm MAX) 450mm (MIN) NATIVE BACKFILL . . 1-50mm POLYPIPE UNDERGROUND DUCT DIRECT BURIED C/W 3— #6 AWG C5 COPPER RWU 90 WIRE & J6 AWG INSULATED GROUND WIRE 75mm ALL ROUND COVER TAMPED FINE SCREENED SAND DUCT UNDER NON—VEHICULAR AREA N.T.S. MUNICIPALITY OF CLARINGTON DAM JULY 1999 totter aims him ass Mes PROJECT "°� ,z—,o7ss ENGINURS ARCHRECn AND PLANNERS HWY No. 2 STREET LIGHTING owc.uo.: 50 SkAmso Cft%cot in ELECTRICAL DETAIL TSH-2 ASPHALT TO MATCH EXISTING DEPTH (MIN. 50mm HL-4 AND 40mm HL-3) 100mm GRAN `A' 200mm GRAN `B', TPYE 1 GRADE P�-, YELLOW WARNING TAPE ELECTRICAL SERVICE BELOW 900mm (MAX) 600mm (MIN) NATIVE BACKFILL —50mm RIGID PVC TYPE DB2 UNDERGROUND DUCT DIRECT BURIED C/W 3— #6 AWG COPPER RWU 90 WIRE & #6 AWG INSULATED GROUND WIRE 75mm ALL ROUND COVER TAMPED FINE SCREENED SAND DUCT UNDER VEHICULAR AREA N.T.S. MUNICIPALITY OF CLARINGTON DAM imy ion tottea I>iaa hubidci mociates m"cr MC ,z-,o7W ENOI IWM AM�crs AM PLAWER5 HWY No. 2 STREET LIGHTING oMAM: so°mn*4 PA on It ww$*&°RA 0 ELECTRICAL DETAIL TSH-3 1 i PHOTO CDi(TROL FOR LENGTH OF ARM SEE CHART BELOW 0 a TYPICAL tx5MLATI" of A co&m STYLE Lvmvww- AND A TAAE7tSD WIPTICAL AL[A[iKUr eRACxET C. CLASS sT SPtAt MM SWMAM COKCKEI "LE soy 2m ttAecFmE TIRO eOVFx PLATE ' #4 COPPER ktRE E 0 Kaam l RltStiED SODLtYARO CRAOE ; ° :tzo usLE oct'w+RaE Poor E p t ' ► tltt£TT w somm W" PLACED 10 TO armutm Pwm AtiD Oow,A%c ED To too% PRoc, R bCxsTY, ' 75 L?s JIM- cowpREmmao TYPE ComwecTORS To a£u= 7KROUCNour. IGHT-OF-WAY/ROAD SURFACE ARM LENGTK LUMINA FIE WATTAGE LUMINAIRE HEIGHT 50 ' 23m / 10m 3m 150 9'1 20 m / 8-5 m 2-4 m 100 9'1 Zr*to / 10m 36m ISO a•1 26M / 14-5m 2-4 m' 250 12-1 10 m I-6 m 150 9.1 ALL Dctt990093 tM uv-uuTRES Exam rtimr. Homo Town of Newcast'te .. r PUbUC M a*S rtment 1 Ktvts=W-2 STgNpgRp HORIZONTAL LUMtNAttZE DEC. 2,199Z DETAIL N=63 Z JULY 25 .9988 REV. ALTERATION E.C.N.j DATE 16.5' r 2 3/fr 0 D. SLPFWTER 3 PS (3 1/7' O.O.) x 3/1C WAL\ SfEEI PIPE HOT—OPPEO CALVAHIZED 9.Ti' AF7E4 'AAMfAC7W..E 1 SING LUMIVAIRE ..M IIIC. .. APROx WCr. OF 220 Ibs. , M PC Iu &k pe o AFOD ADA 0R 33M V53 STATE V.SA •IK7 3. cr 'VOW m_ M ■ 1/2 6� PLATE A'AN BY DALE AR SSE . 5/8- 1HK. VOlO ALVCLA 09/06/97 9ZE CHEZI(J BY, SALE, CAD,AD- J, TYP. 1 _ - _��__-.._-_= MATERIAL SPECWICAIC#L ` — =— --- HOT—DIPPED GALVANIZED STEEL 6 --r (1J 5/E� f 90t�5 PRCJECf: 'EL.ATSMIS OM POLE ACCCVOWE W11N-M PLATS TOP VIE DRAVW: NAME. CRAAIaG \0.. 5ti CONCEPT DRAWING 205A0704 , k - Ig2d TABLE 1 1 MINIMUM TRENCH WIDTH FOR ONE LAYER AND TWO LAYER DUCT ARRANGEMENT No OF No OF NUMBER OF 50 mm DUCTS 1 100 mm LAYERS DUCTS 0 1 2 3 4 5 6 17 s 1 9 10 1 N/A 150 205 300 460 610 N/A N/A N/A N/A N/A ' 0 2 N/A NIA N/A N/A 205 300 350 460 460 610 610 1 150 255 0 610 610 N/A N/A N/A N/A N/A N/A 1 2 N/A N/A 205 255 300 460 460 610 610 610 N/A 1 1300 .4601610 1 N/A N/A I NIA N/A N/A N/A N/A N/A 2 2 150 255 255 460 460 610 610 610 N/A N/A N/A ' 1 460 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A 3 2 300 300 460 460 610 610 610 N/A N/A N/A N/A 1 610 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 4 2 300 460 460 610 610 N/A N/A N/A /A N/A N/A ' NOTES: 1 Install ground wire in the duct, or trench as indicated in the contract. A Install cable brick, or concrete slab, marker tape, concrete duct marker where indicated in the contract See OPSD-2100.05. ' 8 This drawing is used in conjunction with OPSD-2103.02. C Contractor has the option of installing one, or two layer duct arrangement. D N/A — Not Applicable, undesirable, or exceeding equipment limits. E All dimensions are in millimetres or metres unless otherwise shown. Finished grade Rock fine Backfill material Finished grade 0 to 700mm • f / E _~ >° c Bachtili . . ° o " . • o . material E c E •�� E ~- ' 5ommm m v°� = N E . .• .'`' E f Duct Duct E tiffs o o Ground o °o ♦ ••• Duct :0 ' wire o ' Note 1 in Q =+ 50mm min Sand bedding 50mm min Typ Ground wire—/ Ground wire :o 50mm LJ 50mm Note 1 ONE LAYER Note 1 TWO LAYER min min ARRANGEMENT ARRANGEMENT ' IN ROCK IN EARTH IN EARTH ONTARIO PROVINCIAL STANDARD DRAWING Date 1992 12 15 Rev DUCT INSTALLATION Date --- - - - - tN TRENCHES - - - - - - - - - - - - - - - 2101 -011 1 450mm min Utility depth 450mm min Utility depth Duct or outer edge of conc encasement T X'% ; . X yp 45 ' :' ' Dia/3 I I 150 duct or 3✓ I S Depth of 150 4 �{ IFS -150 Loose styrofoam fill encase duct ' Typ CROSSING OVER CONCRETE CROSSING OVER UTILITY ENCASED UTILITY 1 Finished grade Typ E 150� � . 150� � E io c Oia/3 I ��o 15sl' �: E 4S � 4S. 300 .f.— 300 Slope to avoid low point min Slope to avoid low point m mm n where elevations permit where elevations permit ' CROSSING UNDER UTILITY CROSSING UNDER CONCRETE ENCASED UTILITY NOTES: ' A The required clearance 'x' between the utility B Trench widths shall be kept to the and the ducts or concrete encasement is: minimum required for working space. UTILITY 'x' mm min Manual excavation and backflll methods ' shall be. used, with the utility supported Ducts, Direct in place where required, where crossing Buried ' or 100 under a utility is necessary. ' Encased C All dimensions are in millimetres or All other pipes 300 metres unless otherwise shown. High Voltage cables 300 All other cables 300 ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1992 12 15 1 Rev DUCT INSTALLATION Date _ _ _ _ _ _ AT UTILITY CROSSINGS OPSD - 2103.05 iir � � � � I� � � I� � � l� � � (i � II• � � Pavement or paved shoulder 1000mm min 1500mm max Curb 1000 Equipment o J_ T t— platform E A rEi A 750mm min See treatment 1450mm max for fill and cut areas Equipment SECTION A—A platform 12m max---I VARIATION AT CURBED SITE PLAN Shoulder 1 000m min Povt 1 000m min 1500mrn max ground Equipment platform 750mm min 1450mm max �� Temporary fill )kExls'ing � As required IT Steel encased or rigid ---/ duct installation Excavation area TO Slope 1:1 SECTION A—A. FILL AREAS / NOTES: / A All dimensions are in millimetres or metres unless otherwise shown. / Temporary slope protection, where Equipment platform required SECTION A—A ONTARIO PROVINCIAL STANDARD DRAWING Date 119 92 12 15 1 Rev CUT AREAS AUGERING PITS FOR Date _ _ _ _ _ _ SUBSURFACE INSTALLATION _ _ _ _ _ _ _ _ _ _ _ _ _ _ OF DUCTS AND ENCASEMENTS OPSD - 2103.06 i i i i i 180° TABLE I MINIMUM LEAD SETTINGS TABLE 2 MINIMUM LEAD SETTINGS 9o° SINGLE GUY ANCHORS DOUBLE GUY ANCHORS k Spa" Pole Attaahmitnt Height (m) Span Pole Attachment /Might (m) tm) 6.00 6.60 7.20 7.80 8.40 9.00 9.60 10.20 (m) 6.0o 6.60 7.20 7.80 8.40 9.00 9.60 10.20 2.60 3.10 13.40 3.70 3.95 4.25 4.50 4.40 30 225 2.50 2.75 3.00 3.20 3.40 3.60 3.85 DEAD END ANGLES 5e-60e ANGLES 60e-90e ANGLES OVER 90e 46 3.20 3.50 3.es 4.15 445 4.80 4.05 4. 40 2.55 2.80 3.10 3.35 3.60 3.85 3.25 3.45 50 3.50 3.85 4.20 4.55 4.90 4.15 4.45 4 7 50 2.80 3.10 340 3.65 3.95 3.35 3.60 3.80 PLAN ARRANGEMENT o a.i° a.es 3.90 axis a:ss a:so 520 5.55 60 3.20 3.50 3.80 3.20 3.45 3 70 3.95 4.20 70 3.36 3.75 3.12 3.40 3.65 3.95 4.20 4,45 80 3.60 3.95 4.32 4.70 S.CS 5.40 5.80 6.15 80 2.90 3.20 3.50 3.80 4.05 4.35 4.65 4.95 0 3.65 4.25 4.65 5.00 540 5.80 8J5 555 90 3.10 340 3.75 4.00 4.35 4.65 4.95 5.25 Load tension (NOTE 6) Varies *FOR GUY Nol (NOTE 6) Eye bolt for 16 mm dio eye bolt ° 3.0 m max separate guy n length to suit O.c Load tension Load tension -------- Guy fitting with catch lug ` For attachment to pole see details and 10 mm dio x 100 nxn 50x50 mm did galvanized ` �o galy steel square log screw Load tension For attachment to pole see details `L washer \ t p ` Galvanized steel strand,Note 6 WOOD POLE Goly steel pole -- \ � N. nsulator plate with 10 mm � Wood pole Secondary clevis \ ed guy grip(typical) dio x100 mm class 4 min with porcelain long golv lag Strut u clam 16 mm stainless @feel screws guy p spool insulator - strapping,4.5 k o, ultimate strength L I.0 50 mm dia gal steel conduit Strain insulator Galvanized J'hook, Wa, min lvanized steel strand,Note6 length to suit Preformed guy grip(typical) each side E d lt quy clomp o z Alternate double guy locations E '� E 0 o_ M E l� 2.44 m plastic guy guard 2.44 m plastic guy guard to CONCRETE OR METAL POLE \� Serving sleeve Serving sleeve GUY ATTACHMENT \`\` 3 bolt guy clamp i ' 3 Bolt guy clamp Finished rode Finished rade 16 mm dio thimble eye nut Sidewalk 16 mm dia thimble eye nut c Lead 16 mm dia x 2.13 m long 0 Anchor log,min size 1.5 m long x 150 mm dio (Notes and galvanized steel rod 16 va dia x steel m long za complete with 16 mm dia gals steel �'� I 200 mm dia helix anchor, galvanized steel rod o machine bolt, Underground --d a. 50 x 50 mm golvanized square washers, utility power driven,Note3 0 0 3 SIDEWALK STRUT 200 mm dio helix anchor nuts(Note 7) r_ power driven(Notes I and3) N SELF SUPPORTING POLE 610 TM 610 Minn 7 Anchor logstobe pressure treated pine or western NOTES. m1n min(Noe ) red cedar with preservative treatment, as per I Clearances to underground utilities and other guy anchors NORMAL GUYING REQUIREMENTS CSA Standard 080 as shown on I Normal Guying Requirements'apply to 5 For minimum lead settings refer to Table I or Table t 8 For pole setting depths see OPSD- 2238.01 Sidewalk Srut'details. A This drawingq appplies To low voltage and traffic 2 A minimum separation of 610mm is to be obtained 6 Guy steel strand shall be to CSA Standard G 12-1971 signal installaflons only. between double anchors or anchors owned by others. and shall be 7mm dia.Grade ll O for values above the heavy line B All dimensl are In millimetres or metres unless in Tables n n i I f v elow the line. otherwise s 3 Where it is impractical to install power driven ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1988 07 04 Rev 1 anchors, 250mm dia expandable type anchors shall be installed and native backfill shall be Date compacted. -- 4 Pole attachment height to be set using applicable POLE GUYING DETAILS drawings OPSD-2540.01, 2540.02 and 2245.01 0 PSD - 2235.01 a� a rr. r• �r r a r a a r � a� �■r a >! r y a MATERIALS I 0 Luminaire Elliptical bracket 2 2 I O3 Fuse holder in line type 60OV.,15A.complete with insulating 13 g g 19 boots. Fuse size as shown in OPSD-2258.02 9 9 3 O Compression connectors with insulating covers. 4- V 4 4 O5 25 mm rigid PVC conduit with PVC pipe straps. 4 6 © 150 mm drip loop 18 7 secondary aerial bus-2— 12 AWG low voltage cables 5 Sec nda # 9 Y I AWG round wire . and 2 -# 9 g v\ Oe Galvanized through bolt 16 mm dia, complete with 50x 50 mm washer and nut. 10 15 0 Galvanized square head lag bolt 12 mm dia and 150 mm long. 6 10 Spool and cievis with secondary aerial cable. I I # 12 6 AWG ground wire. 12 12 Protective moulding stapled to pole. 13 Ground rod. la Ground rod connection. 15 32 mm dia rigid PVC conduit with PVC pipe straps. I Finish e d 16 32 mm dia rigid PVC 900 bend. � 0 grade 1.0 613N Coupling from 32 mm dia rigid PVC conduit to 50 mm dia poly pipe: T 7777 0 Entrance fitting I I I I —i- �— I I 19 #12 AWG low voltage cables and #12AWG ground wire. I4 20 50 mm dio poly pipe. l4 NOTES: 13 16 13 A Connect # 12 AWG ground wire to luminaire ground stud and secondary aerial bus. 17 20 B For locations of poles and overhead or underground circuits,see layout drawings. C This drawing to be used for either overhead or underground circuits with either single or double luminaires and brackets. OVERHEAD SERVICE UNDERGROUND SERVICE D Length of wood pole and pole setting depth as indicated. E All dimensions are in millimetres or metres ONTARIO PROVINCIAL STANDARD DRAWING Date 1985 04 15 1 Rev unless otherwise shown. Date WOOD POLE WITH ELLIPTICAL BRACKET OVERHEAD AND UNDERGROUND SERVICES [OPSD - 2240. 01 Messenger cable clamp to suit line angle 00 1Q0 16mm galvanized steel machine bolt with 75x75 mm square curve washer and nut ' Guy where required, OPSD-2235.01 ® Lashing wire clamp 0 Plastic cable spacer, ' and nylon cable tie 1 mm die stainless steel Note 1 lashing wire, Note 2 Plastic cable spacer, and nylon cable tie ' LINE POLE ATTACHMENT Line Angle Less Than 30° Guy fitting where required, OPSD-2235.01 30�X �0 / 16mm die galvanized steel thimble eye bolt or3—bolt guy guy grip clamp �o�.}� / with 75x75 mm square washer and nut Compression X00\ SA —3—bolt guy clamp, or preformed guy grip connector S�O�r Compression. connector Plastic cable ° spacer, and ° Plastic cable spacer, and nylon cable tie ' Nylon cable tie Lashing wire clamp Steel messenger 1 mm die stainless steel lashing wire Note 1 Note 2 Ctevis for preformed Note 1 guy grip Jumper ANGLE POLE ATTACHMENT Line Angle Greater Than 30° 3—bolt guy clamp or NOTES: preformed guy grip ' 1 For number and type of cable, refer to Compression connector layout drawings and wiring diagrams. For Lashing wire clamp cable arrangement, riser conduit and junction box requirements, refer to OPSD-2240.01, Steel messenger Note 1 ' 2540.01, 2552.01, layout or detail drawings. Plastic cable spacer. 2 Lashing wire to be installed in a one wire and nylon cable tie See guy spiral lay using a mechanical cable lasher. $/ 300m OPSD-2235.01 ' 100 7s 7 7s A Pole attachment height shall be at 600mm max min from pole top and as high as possible. For minimum attachment heights see ' OPSD-2245.01 B Steel messenger cable shall be installed to tension as shown on OPSD-2245.01, size and Nylon cable spacer, 16mm die gals grade as indicated in the contract. and nylon cable tie steel thimble eye ' C For non—permanent installations of 70m span bolt, with 75 x 75mm square or shorter, nylon cable ties at 450mm c c J6 AWG system ground bare washer and nut may be used in lieu of lashing wire for wire in protective moulding ' cable support. 0 All dimensions are in millimetres or metres DEAD END ATTACHMENT unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1992 12 151 Rev 1 WOOD POLES WITH Date - - - - - - AERIAL CABLES — — - - - - - - - - - - - - LASHED ON MESSENGER oPSD — 2242.02 High voltage cable Up to 120KV) E Low voltage cable, span wire Note 4) '`� E, or communications cable E n zo E 0 00z r°n M Tension, Table 1 E Eo- c Low voltage cable, span wire or communications cable o. 'o t Pole attachment 1 I see OPSD-2242.01 in C-4 N o c or OPSD-2242.02 tL+ a.a. cz Finished grade °u a Finished roadway °o N N pavement en Ael Tr a ELEVATION (Typical) NOTES: 1 Cables to be installed at the tension shown in Table 1 or to the sag required at the TABLE 1 installation temperatures as given by the cable manufacturer or Ontario Hydro sag (Note 1) tables. Where cables are parallel to an existing cable line on the some poles the tension shall be adjusted to maintain a consistant vertical spacing. TENSIONS FOR INSTALLATION OF AERIAL CABLES 2 Minimum attachment height to be determined by addition of the clearance height ACSR Tension For (See OPSD-2245.02) to the maximum sag. Installation Types NS-1,NSF-2 Steel Strand Tension Temp.p• Cables — N N 3 Maximum sag is to be based on CSA heavy loading or thermal loading conditions 2 #11/0 #3/0 7mm Gr.110 9mm Gr.160 given in CSA standard C22.3 No.1—M1987. For maximum sag refer to cable —29 1480 1320 1500 7600 13500 manufacturer or Ontario Hydro sag tables. —18 1300 1280 1460 6950 12300 4 For minimum vertical clearances between low voltage cables and high voltage 0 1120 1210 1410 5900 10500 cables over 120KV, refer to CSA standard C22.3 No.1—M1987. 16 990 1170 1370 4900 8700 5 Vertical clearance between wires to be measured with the upper wire in its 32 900 1120 1350 3900 6900 maximum sag position and the lower wire is assumed to form a straight 1 38 1 860 1 1070 1 1330 1 3700 1 6600 line between its points of support. A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 11988 12 01 1 Rev 1 INSTALLATION OF AERIAL Date _ _ _ _ CABLE SYSTEMS OPSD - 2245.01 MINIMUM VERTICAL CLEARANCES LOCATION MINIMUM VERTICAL CLEARANCES ABOVE FINISHED GRADE OF WIRES COMMUNICATIONS LOW VOLTAGE HIGH VOLTAGE CABLE OR CABLES CABLE do SPAN CABLE 750V 22KV 50KV 90KV 120KV 150KV 250KV WIRE 0-750V TO TO TO TO TO TO TO OVER 22KV 50KV 90KV 120KV 150KV 250KV 300KV 300KV OVER FREEWAYS, 6.4m + 7.4m + 10.9m + EXPRESSWAYS do 6.Om 6.Om 6.Om 6.Om 6.Om 6.1 m 6.4m 1 Omm/KV 70mm/KV 25mm/KV RAMPS OVER 150KV OVER 250KV OVER 300KV OVER KING'S 6.4m + 7.4m + 10.9m + HIGHWAYS do 4.7m 4.7m 5.1 m 5.5m 5.8m 6.1 m 6.4m 1 Omm/KV 70mm/KV 25mm/KV OTHER ROADWAYS OVER 150KV OVER 250KV OVER 300KV OVER AREAS LIKELY TO BE TRAVELLED BY 6.4m + 7.4m + 10.9m + VEHICLES (OTHER THAN 4.7m 4.7m 5.1 m 5.5m 5.8m 6.1 m 6.4m 1 Omm/KV 70mm/KV 25mm/KV DRIVEWAYS TO RESIDENCES) OVER 150KV OVER 250KV OVER 300KV ALONGSIDE 6.4m + 7.4m + 10.9m + ROADS IN DENSELY 4.7m 4.7m 5.1 m 5.5m 5.8m 6.1 m 6.4m 1 Omm/KV 70mm/KV 25mm/KV POPULATED AREAS ALONGSIDE ROADS OR OVER 150KV OVER 250KV OVER 300KV OVER AREAS UNLIKELY T 5.8m + 6.8m + 10.4m + BE TRAVELLED BY VEHICLES .3.3m 3.7m 45m 4.9m 5.2m 5.5m 5.8m 1Omm/KV 70mm/KV 25mm/KV OVER 150KV OVER 250KV OVER 300KV OVER DRIVEWAYS 40 6.4m + 7.4m + 10.9m + TO RESIDENCES . m 4.Om 5.1 m S.Sm 5.8m 6.1 m 6.4m 1 Omm/KV 70mm/KV 25mm/KV OVER 150KV OVER 250KV OVER 300KV OVER AREAS ACCESSIBLE 4.9m + . 5.9m + 6.4m + TO PEDESTRIANS ONLY 2.8m 3.4m 3.7m 4.Om 4.3m 4.6m 4.9m 10mm/KV 1Omm/KV 10mm/KV OVER 150KV OVER 250KV OVER 300KV ABOVE TOP OF 9.3m + 10.3m + 10.Sm + RAIL RAILWAY 7.6m 7.6m 7.9m 8.4m 8.7m. 9.Om 9.3m 1 Omm/KV 1 Omm/KV 10mm/KV CROSSINGS OVER 150KV OVER 250KV OVER 300KV NOTES A Clearances shown are under maximum sag conditions as defined in CSA C22.3 No. 1-M1987. B Voltages are to ground for effectively ONTARIO PROVINCIAL STANDARD DRAWING Date 11988 ' 12 01 IRevi grounded systems and phase to phase for ungrounded systems. Date _ _ _ A All dimensions are in millimetres or MINIMUM VERTICAL CLEARANCES metres unless otherwise shown. FOR AERIAL CABLE SYSTEMS O P S D - 2245-02 OPSD - 217.03 Tapered elliptical bracket Tapered elliptical bracket OPSO-2420.01 OPSD-2420.01 fJL=A�I AlJ.RJi M' MM sysys�r=vs+rav www�viays DOUBLE BRACKET SINGLE BRACKET SECTION B—B 16mm galvanized steel through bolt, nut, 50x50mm square washer *Note (Longer bolt re uired for double bracket � � avav�v�vs e ring `III I III apertureetail .B. hl I ghting pole \ III I j I I I ELEVATION 16mm stainless steel band, Note 2 NOTES: TAPERED ELLIPTICAL BRACKET DETAIL 'B' 1 For sectional steel poles dimension 'a'=300mm. For all other metal poles and concrete pole, dimension 'a'=230mm. 2 If hole is provided, use bolt instead of band. A All dimensions are in millimetres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1991 10 30 Rev 17 ALUMINUM TAPERED Date - - - - - - ELLIPTICAL BRACKETS - - - - - - - - - - - - - - MOUNTING DETAILS rOPSD — 2250. � #12 AWG stranded #12 AWG low voltage ' ground wire to luminairescopper) I riser wires Note 1 I Note 1 I j I I I I Fuse holder kit II I I I with 600V, 10A Compression connectors, I I KTK fuse ' copper to copper with ll I I I insulating covers I I I Ground stud __ �_— �__ �__� Pole Handhole I I L_—_--- —_ L-- — Tap run where required Line ' Low voltage Line I cables Neutral I Cable to ground -------J electrode connection ' #6 AWG bare stranded copper ground wire Ground electrode located ' Cable to cable ground connection as indicate on lighting layout drawings r NOTE: 1 Broken lines indicate additional conductors for double luminaire installation. ONTARIO PROVINCIAL STANDARD DRAWING 1996 09 15 1 Rev OP POLE WIRING DIAGRAM Date—_ _ _ _ _ _ — S 1 120/240V SYSTEM _ / OPSD 2255.020 60 mm OD section (50 mm dio IPS) --- � BRACKET BRACKET For welding /" DIMENSION 1.8 m 2.4 m ' refer to Detoil'C � I L 1.8 2.4 Coble slot rrefer to / H H 0.9 1.2 I De toil C' p S6 56* Pole Pullin 4.775 mm wall thickness Elliptical�—\ 0.064 x 0.108 0.070 x 0.125 section Elliptical section A � Q ' O 106 16 mm stainless steel band N C 16 mrr, stainless steel band L 0 ' qs. 62 A5 "16 mm galvanized steel bolt, and 50 x 50 mm SECTION B — B square washer by others ' Continuous weld 17 II I bracket to base N ' plate I I N N 1 + II � II I I I I N SECTION A-A o 32 mm dia I I M II I hole ldeburr III. I I r I N ti II N N II hole( dia I hole deburr)B B 17�— I u 11 �. j I j 1 ' DETAIL 'C' BRACKET MOUNTING PLATE ' NOTE A All dimensions are in millimetres or metres unless otherwise shown. ONTARIO PROVINCIAL STANDARD DRAWING Date 1 1988 07 04 1 Rev I I 1 . 8 m OR 2.4 m ALUMINUM Dote_ TAPERED ELLIPTICAL BRACKET OPSD - 24 20.0 MUNICIPALITY OF CLARINGTON ' CONTRACT NO. CL99-9 t OPS GENERAL CONDITIONS OF CONTRACT ' (August 1990) ONTARIO Ontario PROVINCIAL aSTANDARDS August 1990 GENERAL CONDITIONS OF CONTRACT MEA TABLE OF CONTENTS tSection Tide Page Section Tithe Page GC 1 INTERPRETATION 1 GC 3.10 Subcontracting by the Contractor 11 GC1 .01 Captions .11 Changes in the Work, Extra .02 Abbreviations Work, and Additional Work 12 .03 Gender and Singular References .04 Definitions GC 3.11.01 Changes in the Work 05 Substantial Performance 4 .02 Extra Work .06 Completion .03 Additional Work .07 Final Acceptance 5 .08 Interpretation of Certain Words GC 3.12 Notices .13 Use and Occupancy of the Work Prior to Substantial GC 2 CONTRACT DOCUMENTS 7 Performance .14 Claims, Negotiations GC 2.01 Reliance on Contract Disputes 13 Documents .02 Order of Precedence GC 3.14.01 Claims Procedure .02 Negotiations GC 3 ADMINISTRATION OF .03 Continuance of the Work THE CONTRACT 9 .04 Record Keeping .05 Disputes GC 3.01 Contract Administrator's .06 Payment Authority .07 Rights of Both Parties .02 Working Drawings 10 .03 Right of the Contract GC 3.15 Engineering Arbitration 14 Administrator to Modify Methods and Equipment GC 3.15.01 The Conditions for ' .04 Emergency Situations Engineering Arbitration Layout .02 Arbitration Procedure .06 Working Area .03 Form and Appointment of .07 Extension of Contract Arbitration Board Time 11 .04 Costs .08 Delays .05 The Award .09 Assignment of Contract .06 Hearing Section Title Page Section Title page GC 4 OWNER'S RIGHTS AND GC 6.03.05.01 Property Insurance 20 RESPONSIBILITIES 15 .02 Boiler Insurance .03 Use and Occupancy of GC 4 .01 Working Area the Work Prior to .02 Disposal of Materials Completion 21 .03 Construction Affectino .04 Payment for Loss or Railway Property Damage .04 Default by the Contractor .05 Notification of Default GC 6.03.06 Contractors' Equipment .06 Contractor's Right to Insurance Correct a Default .07 Insurance Requirements 07 Owner's Right to Correct and Duration Default .08 Termination of GC 6.04 Bonding 22 Contractor's Right to Continue the Work GC 7 CONTRACTOR'S RESPONSI- .09 Final Payment to BILTTIES AND CONTROL Contractor 16 OF THE WORK 23 ' .10 Termination of the Contract GC 7.01 General .11 Continuation of .02 Layout Contractor's Obligations .03 Damage by Vehicles or .12 Use of Performance Bond Other Equipment 24 .04 Excess Loading of Motor GC 5 MATERIAL 17 Vehicles ' .05 Condition of the Working GC 5.01 Supply of Material Area .02 Ouality of Material .06 Maintaining Roadways and .03 Rejected Material Detours .04 Substitutions .07 Access to Properties .05 Owner Supplied Material Adjoining the Work and Interruption of Utility GC 5.05.01 Ordering of Excess Services 25- Material .08 Approvals and Permits .02 Care of Material 18 .09 Suspension of Work .10 Contractor's Right to GC 6 INSURANCE, PROTECTION Stop the Work or AND DAMAGE 19 Terminate the Contrail .11 Notices by the Contractor 26 GC 6.01 Protection of Work. .12 Obstructions Persons and Property .13 Limitations of Operations .02 Indemnification .14 Cleaning Up Before .03 Contractor's Insurance Acceptance .15 Warranty 27 GC 6.03.01 General .02 General Liability Insurance 20 GC 8 MEASUREMENT AND .03 Automobile Liability PAYMENT 29 Insurance .04 Aircraft and Watercraft GC 8.01 Measurement Llabil'ity Insurance ' .05 Property and Boiler GC 8.01.01 Quantities Insurance .02 Variations in Tender Quantities ii Section Title Page Section Title Page GC 8.02 Payment 29 .10 Interest for Negotiations GC 8.0201 Price for Work and Claims .02 Advance Payments for .11 Owner's Setoff 33 Material .12 Delay in Payment .03 Certification and Payment 30 GC 8.02.04 Payment on a Time and Material Basis GC 8.02.03.01 Progress Payment Certificate GC 8.02.04.01 Definitions .02 Certification of Sub- .02 . Daily Work Records 34 contract Completion .03 Payment for Work .03 Subcontract Statutory .04 Payment for Labour Holdback Release .05 Payment for Material Certificate and Payment .06 Payment for Equipment 1 .04 Certification of Substantial Performance 31 GC 8.02.04.06.01 Working Time .05 Substantial Performance .02 Standby Time Payment and Statutory Holdback Release Payment GC 8.0204.07 Payment for Hand Tools 35 Certificates .08 Payment for Work by .06 Certification of Subcontractors Completion 32 .09 Submission of Invoices .07 Completion Payment and Statutory Holdback GC 8.02.05 Final Acceptance Release Payment Certificate Certificates .06 Payment of Workers .08 Interest .07 Records .09 Interest for Late .08 Taxes and Duties 36 Payment .09 Liquidated Damages iii Ontario August 1990 Ontario Provincial 1 Standard t MEA GENERAL CONDITIONS OF CONTRACT SECTION GC1 INTERPRETATION GC1.01 Captions GC1.04 Definitions ' The captions appearing in these general conditions For the purposes of this Contract the following have been inserted as a matter of convenience and for definitions apply: ease of reference only and in no way define, limit or enlarge the scope or meaning of the general conditions "Access Road" means a private road built or existing or any provision hereof. road used by the Contractor to gain access to the Work or to a source of material. GC1.02 Abbreviations 'Adjusted Plan Quantity" means a Plan Quantity which The abbreviations listed on the left below are has been adjusted for any-or all of the following: a commonly found in the Contract Documents and mistake in calculation, approved addition, or an represent the organizations and phrases listed on the approved deletion. right: "Actual Measurement" means the field measurement of . 'AASHTO'i -American Association of that quantity within the approved limits of the Work. 'AASHO' I State Highway Transportation Officials "ANSI" - American National Standards Institute "Additional Work" means work not provided for in the "APED" - Association of Professional Engineers Contract and not considered by the Contract Ontario Administrator to be essential to the satisfactory 'ASTM" - American Society for Testing and completion of the Contract within its intended scope. Materials 'AWG' - American Wire Gauge "Base" means a layer of material of specked type and 'AWWA' - American Water Works Association thickness placed•-immediately-below the-pavement;`, 'CESA' - Canadian Engineering Standards driving surface, finished grade, curb and gutter or Association sidewalk. 'CGSB' - Canadian General Standards Board 'CSA' - Canadian Standards Association 'CWB' - Canadian Welding Bureau 'Change in the Work" means the deletion, extension, "GC" - General Conditions increase, decrease or alteration of lines, grades, 'OPS' - Ontario Provincial Standard dimensions,quantities,methods,drawings,changes in 'OPSS" - Ontario Provincial Standard the character of the work to be done or materials of the Specification Work or part thereof,within the intended scope of the 'OPSD" - Ontario Provincial Standard Drawing Contract. ' 'MOE' - Ministry of the Environment (Ontario) 'MTO"` - Ministry of Transportation (Ontario) "Change Order" means a written order to the 'MTC"J Contractor covering contingencies, Extra Work, 'MUTCD' - Manual of Unfform Traffic Control increase or decrease in Contract quantities and Devices, published by MTO additions or alterations to the plans or specifications, "SAE" - Society of Automotive Engineers within the scope of the Contract and establishing the "SSPC' - Structural Steel Painting Council basis of payment and the time allowed for the "UU - Underwriters Laboratories adjustment of the Contract Time. Means also, written "ULC - Underwriters Laboratories Canada authorization covering Additional Work. GC1.03 Gender and Singular References "Completion Certificate' means the certificate issued by the Contract Administrator at completion. References to the masculine or singular throughout the Contract Documents shall be considered to include the "Construction Signs" mean all traffic control devices feminine and the plural and vice versa as the context and signs, including vehicles, trailers, and the like, requires. provided to support signs, and equipment to supply OPS General Conditions of Contract 2 sign lighting,but excluding Contract identification signs and description and quantities of material utilized. and highway number markers,all as may be described in the MUTCD. 'Day" means a calendar day. "Constructor" means, for the purposes of, and within "Drawings"or"Plans" mean any Contract Drawings or the meaning of the Occupational Health and Safety Act, Contract Plans or any Working Drawings or Working R.S.O. 1980, c. 321 and amendments thereto, the Plans, or any reproductions of drawings or plans Contractor who executes the Contract. pertaining to the Work. "Contract Administrator"means the person,partnership "Earth Grade" means the earth surface,whether in cut or corporation designated by the Owner to be the or fill, as prepared for the Base or Subbase. Owner's representative- for the purposes of the Contract. "Engineer" means a professional engineer licensed by the Association of Professional Engineers of Ontario to "Contract" means the undertaking by the Owner and practice in the Province of Ontario. the Contractor to perform their respective duties, responsibilities and obligatio r).s,•.as.;prescribed;;in the ;. "Equipment* means.all machineryandequipment used Contract Documents. for preparing, fabricating, .conveying or erecting the Work and normally referred to as construction "Contract Documents" mean the executed Agreement machinery and equipment. between the Owner and the Contractor,the Tender,the General Conditions of Contract, the Supplemental "Estimate" means a calculation of the quantity or cost General Conditions of Contract, Standard of the Work or part of it depending on the context. Specifications,Special Provisions,.Contract Drawings, addenda incorporated in a Contract Document before `Extra Work" means work not provided for in the the execution of the Agreement,such other documents Contract-as awarded but considered by the Contract as may be listed in the Agreement and subsequent Administrator essential to the satisfactory completion of amendments to the Contract Documents made the Contract within its intended scope. pursuant to the provisions of the Agreement. :. "Final Acceptance Certificate" means the certificate 'Contract Drawings' or "Contract Plans" mean issued by the Contract Administrator at Final 1 drawings or plans provided by the Owner for the Work Acceptance. and without limiting the generality thereof may include soil profiles, foundation Investigation reports, "Final Detailed Statement" means a complete reinforcing steel schedules, aggregate sources lists, evaluation prepared by the Contract Administrator quantity sheets,cross-sections and standard drawings. showing the quantities, unit prices and final dollar amounts of all items of work completed under the "Contractor" means the person, partnership or Contract,including variations in tender items and Extra corporation undertaking the Work as identified in the Work, and set out in the same general form as the Agreement. monthly estimates. 'Contract Time` means the; time stipulated in the 'Final Quantity" means that quantity-used in the Final Contract Documents for Substantial Performance of the Detailed Statement. Work, Including any extension of Contract Time made pursuant to the Contract Documents. "Force Account" See Time and Material". "Controlling Operation' means any component of the "Grade" means the required elevation of work. Work,which,if delayed,will delay the completion of the Work. "Grade tine* means a reference line representing the Grade in profile or longitudinal section established for 'Cost Plus" See Time and Material". the control of work. 'Cut-off Date' means the date up to which payment "Hand Tools" means tools that are commonly called will be made for work performed. tools or implements of the trade and include small power tools. Individually a tool will be considered as 'Daily Work Records' mean daily records kept a Hand Tool where the maximum cost Is$250. detailing the number and categories of workers and hours worked or on standby; types and quantities of 'Haul Road' means any public road excluding the j equipment and number of hours In use or on standby; road under contract, which forms part of a materials OPS General Conditions of Contract 3 r haul route. •Profile Grade' means the required elevation of the j surface of the Base. "Highway' means a common and public highway any part of which is intended for or used by the general 'Quantity Sheet' means a list of the quantities of work public for the passage of vehicles and Includes the to be done. area between the lateral property lines thereof. "Rate(s) of Interest" means the rate(s) determined by "Inspector" means any person, partnership or the Treasurer of Ontario and issued by, and available corporation appointed by the Contract Administrator to from, the Owner. participate in the inspection of the Work and the Material to be used in the Work. 'Records' mean any books, payrolls, accounts or other information which relate to the Work or any "Labour and Material Payment Bond" means the type Change in the Work or claims arising therefrom. ' of security furnished to the Owner to guarantee payment of prescribed debts of the Contractor covered "Road Allowance' means the lands acquired at any by the bond, time for use as a Highway. "Lump Sum item' means_a.tender..item indicating a Roadbed means--that- part-of the•Work which is portion of the Work for:which.payment will be made at designed tosupport the wearing surface and shoulders a single tendered price. Payment is not based on a of the Roadway. measured quantity, although a quantity may be given In the Contract Documents. 'Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes the shoulders. "Major Item" means any tender item that has a value, calculated on the basis of its actual or estimated tender *Rock Grade' means the rock surface,whether in cut quantity whichever is the larger,multiplied by its tender or fill, which has been prepared for the Base or unit price,which is equal to or greater than the lesser Subbase. Of 'Shoulder' means that portion of the Roadway a) $100,000, or between the edge of the wearing surface and the top inside edge of the ditch or fill slope. b) 5% of the total tender value calculated on the basis of the total of all the estimated tender 'Special .Provisions" mean special directions quantities and the tender unit prices. containing requirements peculiar to the Work. 'Standard Specification' means a standard practice 'Material" means material, machinery, equipment and required and stipulated by the Owner for performance fixtures forming part of the Work. of the work. 'Owner means the party to the Contract for whom the Subbase' means a layer:Of.Material of specified type Work is being performed, as identified in the and thickness between the Subgrade and the Base. Agreement,and includes,with the same meaning and Import, "Authority'. 'Subcontractor" means a person, partnership or corporation undertaking the execution of a part of the 'Pavement" means a wearing course or courses Work by virtue of an agreement with the Contractor. placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, or plant or road 'Subgrade" means the Earth Grade or Rock Grade. mixed mulch. 'Substructure" means all of that part of a structure 'Performance Bond" means the type of security below: the bearings of single and continuous spans, fumished to the Owner to guarantee completion of the skewbacks of arches and tops of footings of rigid Work in accordance with the Contract and to the extent frames, including backwalls, wingwalls and wing ' provided in the bond. protection railings. "Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the "Superintendent" means the Contractor's authorized Contract Documents. representative in responsible charge of the Work. OPS General Conditions of Contract 4 "Superstructure" means all that part of a structure (ii) non-delivery of Owner supplied materials, , above: the bearing seat of single and continuous spans, skewbacks of arches and tops of footings of (ii) any cause beyond the reasonable control rigid frames, excluding backwalls,wingwalls and wing of the Contractor which can be protection railings. substantiated by the Contractor to the satisfaction of the Contract Administrator. "Surety" means the person,partnership or corporation, other than the Contractor, executing a bond provided 'Working Drawings' or 'Working Plans' means any by the Contractor. Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the Time and Material" means costs calculated according generality thereof, include falsework plans, roadway to clause GC8.02.04, Payment on a Time and Material protection plans, shop drawings, shop plans or , Basis. Where 'Cost Plus" and "Force Account" are erection diagrams. used they shall have the same meaning. GC1.05 Substantial Performance "Utility" means a facility maintained by a municipality, public .utility. authority or ,regulated authority and 01) :..The Work-is-substantially'.perfonned::= includes sanitary sewer, storm sewer, water, electric, gas, steam,telephone and cable television services. (a) when the Work to be performed under the Contract or a substantial part thereof is ready "Warranty Period" means the period of 12 months from for use or is being used for the purpose the date of substantial performance or such longer intended; and period as may be specked for certain materials or work. Where a date of substantial performance is not (b) when the Work to be performed under the established, the warranty period shall commence on Contract is capable of completion or, where the date of completion. there is a known defect,correction,at a cost of not more than 'Work' means the total construction and related services required by the Contract Documents. O 3% of the first $500,000 of the contract price, I 'Working Area" means all the lands and easements owned or acquired by the Owner for the construction (i) 2% of the next $500,000 of the contract of the Work. price, and "Working Day" means any Day (ii) 1% of the balance of the contract price. (a) except Saturdays, Sundays and statutory 02) For the purposes of this Contract where the holidays; Work or a substantial part thereof is ready for use or is being used for the purposes: intended and the (b) except a Day as determined by the Contract remainder of the Work cannot be completed Administrator, on which the Contractor is expeditiously for reasons beyond the control of the prevented by inclement weather:.or conditions Contractor or, where the Owner`>and the Contractor resulting immediatelytherefrom,from proceeding agree not to complete the Work expeditiously,the price with a Controlling Operation. For the purposes of the services or materials remaining to be supplied of this definition,this will be a Day during which and required to complete the Work shall be deducted the Contractor cannot proceed with at least 60% from the contract price in determining substantial of the normal labour and equipment force performance. effectively engaged on the Controlling Operation for at least 5 hours; GC1.06 Completion (c) except a Day on which the Contractor is 01) The Work shall be deemed to be completed prevented from proceeding with the Controlling and services or materials shall be deemed to be last Operation, as determined by the Contract supplied to the Work when the price of completion, , Administrator by reason of: correction of a known defect or last supply is not more than the lesser of () any breach of Contract or prevention by the Owner,by any other Contractor of the (a) 1% of the contract price; or Owner or by any employee of any one of them, (b) $1,000. OPS General Conditions of Contract f 5 ' =117 Final Acceptance GC1.08 Interpretation of Certain Words 01) Thewords'acceptable','approval','authorized', 01) Final Acceptance shall be deemed to occur 'considered necessary', 'directed', 'required', when the Contract Administrator Is satisfied that,to the 'satisfactory', or words of like import, shall mean best of the Contract Administrator's knowledge at that approval of, directed, required, considered necessary time,the Contractor has rectified all imperfect work and or authorized by and acceptable or satisfactory to the has discharged all of the Contractor's obligations under Contract Administrator unless the context clearly the Contract. indicates otherwise. f t f f - 1 f f - 1 1 OPS General Conditions of Contract 1 1 _ t 1 1 1 1 1 OPS General Conditions Contract it 7 SECTION GC2 CONTRACT DOCUMENTS August 1990 GC Z01 Reliance on Contract () Working Drawings Documents Later dates shall govern within each of the above 01) The Owner warrants that the information categories of documents. fumished In the Contract Documents can be relied upon with the following limitations or exceptions: 02) In the event of any conflict among or inconsistency in the information shown on Drawings, (a) The location of all mainline underground utilities the following rules shall apply: which will affect the Work will be shown to a tolerance of (a) Dimensions shown in figures on a Drawing 1 m horizontal and shall govern where they differ from dimensions 0.3 m vertical; scaled from the same Drawing; (b) The Owner does::not-warrant interpretations of. (b) Drawings"-0-larger"scale shall govern over data or opinions expressed In any subsurface those of smaller scale; report available for the perusal of the Contractor and excluded from the Contract Documents;and (c) Detailed Drawings shall govern over general Drawings; and (c) other information specifically excluded from this warranty. (d) Drawings of a later date shall govern over those of an earlier date in the same series. GC2_02 Order of Precedence 03) In the event of any conflict in the contents of 01) In the event of any inconsistency or conflict in Standard Specifications the following order of the contents of the following documents, such precedence shall govern: documents shall take precedence and govern in the following order: (a) Ontario Provincial Standard Specifications;then (a) Agreement (b) other standard specifications, such as those (b) Addenda produced by CSA, CGSB, ASTM and ANSI, (c) Special Provisions and referenced in the Ontario Provincial (d) Contract Drawings Standard Specifications. (e) Standard Specifications (f) Tender 04) The Contract Documents are complementary, (g) Supplemental General Conditions and what is required by any one shall be as binding as (h) General Conditions if required by all. OPS General Conditions of Contract i 8 � 1 i t i 1 OPS General Conditions of Contract � 1 9 SECTION GC3 ADMINISTRA TION OF THE CONTRACT August 1990 GC3.01 Contract Administrator's 09) The Contract Administrator will be, In the first Authority instance,the interpreter of the Contract Documents and the judge of the performance thereunder by both 01) The Contract Administrator will be the Owner's parties to the Contract.Interpretations and decisions of representative during construction and until the the Contract Administrator shah be consistent with the issuance of the Completion Certificate or the issuance intent of the Contract Documents and M making these of the Final Acceptance Certificate whichever is later. decisions the Contract Administrator will not show All instructions to the Contractor including instructions partiality to either party. from the Owner will be issued by the Contract Administrator. The Contract Administrator will have the 10) The Contract Administrator will have the authority to act on behalf of the Owner only to the authority to reject work or Material which does not extent provided in the Contract Documents. conform to the Contract Documents. 02) All claims,disputes and other matters in question 11) Defective work,i:-,.whether.the:!result of poor relating to the performance_and.the.quality-of.the Work workmanship, use of-defective,materlal,�,or?damage°.a or the interpretation of the Contract Documents shall be through carelessness or other act or:omission of the Initially referred to the Contract Administrator in writing Contractor sand whether incorporated"•in the Work or by the Contractor. The Contract Administrator will give not, which has been rejected by the Contract a decision in writing within a reasonable time. Administrator as failing to conform to the Contract Documents shall be removed promptly from the Work 03) The Contract Administrator will inspect the Work by the Contractor and replaced or re-executed for its conformity with the plans and specifications,and promptly in accordance with the Contract Documents to record the necessary data to establish payment at no additional cost to the Owner. quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of. 12) Any part of the Work destroyed or damaged by the work completed in the case of a lump sum price such removals,replacements or re-executions shall be contract. made good, promptly, at no additional cost to the Owner. 04) The Contract Administrator will determine the amounts owing to the Contractor under the Contract and will issue certificates for payment in such amounts 13) ff, in the opinion of the Contract Administrator, as provided for in Section GC8, Measurement and it is not expedient to correct defective work or work not Payment performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to 05) The Contract Administrator will with reasonable the Contractor the difference in value between the work promptness review and take appropriate action upon as performed and that called for by the Contract the Contractor's submissions such as shop drawings, Documents,the:amount-of:which will be determined in product data, and samples in accordance with the the first instance by the Contract Administrator. Contract Documents. 14) Notwithstanding any inspections made by the 06) The Contract.Administrator-will investigate all Contract Administrator -or •the issuance of any allegations of a change in the character of the Work certificates or the making of any payment by the made by the Contractor and issue appropriate Owner, the failure of the Contract Administrator to Instructions. reject any defective work or Material shall not constitute acceptance of defective work or Material. 07) The Contract Administrator will prepare Change Orders for the Contractor's signature and the Owner's approval. 15) The Contract Administrator will have the authority to temporarily suspend the Work for such 08) Upon written application by the Contractor, the reasonable time as may be necessary to facilitate the Contract Administrator and the Contractor will jointly checking of any portion of the Contractor's conduct an inspection of the Work to establish the date construction layout or the inspection of any portion of of substantial performance of the Work and/or the date the Work. There shall not be any extra compensation of Completion of the Work. for this suspension of work. OPS General Conditions of Contract 10 GC3.02 Working Drawings make alterations in the method, Equipment or work ' force at any time the Contract Administrator considers 01) The Contractor shall arrange for the preparation the Contractors actions to be unsafe, or damaging to of clearly identified and dated Working Drawings as either the Work or existing facilities or the environment. called for by the Contract Documents. The Contractor shall after the sequence of operations 02) The Contractor shall submit Working Drawings on the Contract, when requested in writing, so as to to the Contract Administrator with reasonable avoid interference with other work. promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the 02) Notwithstanding the foregoing, the Contractor Contract Administrator so requests they shall jointly shall ensure that all necessary safety precautions and prepare a schedule fixing the dates for submission and protection are maintained throughout the Work. return of Working Drawings. Working Drawings shalt be submitted in the form of prints. At the time of GC3.04 Emergency Situatiorts submission the Contractor shall notify the Contract Administrator in writing.of.any deviations from the 01) The .Contract Administrator-.has Ahe 'right to Contract requirements. that. exist in. the: Working determine the existence of an emergency situation,and Drawings. when such an emergency;situation is deemed to exist, the Contract'Administratormay instruct the Contractor 03) The Contract Administrator will review and return to take action to remedy the situation.If the Contractor Working Drawings in accordance with an agreed upon does not take timely action, or if the Contractor is not schedule,or otherwise,with reasonable promptness so available,the Contract Administrator may direct others as not to cause delay. to remedy the situation. 04) The Contract Administrator's review will be to 02) If the emergency situation was the fault of the check for conformity to the design concept and for Contractor, the remedial work shall be done at the general arrangement only and such review shall not Contractors expense. If the emergency situation was relieve the Contractor of responsibility for errors or not the fault of the Contractor, the Owner will pay for omissions In the Working Drawings or of responsibility the remedial work. for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been GC3.05 Layout approved in writing by the Contract Administrator. 01) The Contract Administrator ' will provide 05) The Contractor shalt make any changes in baselines and benchmarks for the general location, Working Drawings which the Contract Administrator alignment and elevation of the Work. The Owner will may require consistent with the Contract Documents be responsible only for the correctness of the and resubmit unless otherwise directed by the Contract information provided by the Contract Administrator. Administrator. When resubmitting,the Contractor shall notify the='Contract Administrator in writing of any revisions other than those requested by the Contract GC3.06 Working Area Administrator. 01) The Contractors sheds, site offices, toilets, 06) Work related to the Working Drawings shall not other temporary structures and storage areas for proceed until the Working Drawings have been signed material and equipment shall be grouped in a compact and dated by the Contract Administrator and marked manner and maintained in a neat and orderly condition with the words "Reviewed. Permission to construct at all times. granted". 02) The Contractor shall confine his construction 07) The Contractor shall keep one set of the operations to the Working Area. Should the Contractor reviewed Working Drawings, marked as above, at the require more space than that shown on the Contract site at all times. Drawings,the Contractor shall obtain such space at no GC3 additional cost to the Owner. Right of the Contract Admirtrstrator to Modify Methods 03) The Contractor shall not enter upon or occupy and Equipment any private property for any purpose, unless the Contractor has received prior written permission from 01) The Contractor shall,when requested in writing, the property owner. l� OPS General Conditions of Contract 11 Extension of Contract Time weather, the Contractor shall with the GC3.07 Contractor's application,submit evidence from Environment Canada 01) An application for an extension of Contract Time In support of such application. Extension of Contract shall be made in writing by the Contractor to the Time will be granted In accordance with subsection Contract Administrator as soon as the need for such GC3.07.Extension of Contract Time. extension becomes evident and at least 15 days prior to the expiration of the Contract Time. The application 02) if the Work Is delayed by labour disputes, for an extension of Contract Time shall enumerate the strikes or lock-outs - including lock-outs decreed or reasons, and state the length of extension required. recommended to its members by a recognized contractor's association, of which the Contractor Is a 02) Circumstances suitable for consideration include member or to which the Contractor is otherwise bound the following: -which are beyond the Contractor's control, then the Contract Time shall be extended in accordance with (a) Delays; See subsection GC3.08. subsection GC3.07,Extension of Contract Time. In no (b) Changes in the Work; See clause GC3.11.01. case shall the extension of Contract Time be less than (c) Extra Work;See clause GC3.11.02. the time lost as the result of the event causing the (d) Additional Work; See clause GC3.11.03. delay, unless.a shorter extension:is agreed to by the Contractor. The Contractor shall not be entitled to 03) The Contract Administrator will,in considering an payment,forcosts incurred-as the resultof-such delays application for an extension to the Contract Time,take unless such-,delays,are-the Yesult of actions of the Into account whether the delays,Changes in the Work, Owner. Extra Work or Additional Work involve a Controlling Operation. GC3.09 Assignment of Contract 04) The Contract Time shall be extended for such 01) The Contractor shall not assign the Contract, additional time as may be recommended by the either in whole or in part,without the written consent of Contract Administrator and deemed fair and reasonable the Owner. by the Owner. 05) The terms and conditions of the Contract shall GC3.10 Subcontracting by the continue for such extension of Contract Time. Contractor j GC3.08 Delays 01) The Contractor may subcontract any part of the Work, subject to these General Conditions and any 01) If the Contractor is delayed in the performance limitations established by the Owner. of the Work by 02) The Contractor shall notify the Contract (a) war, blockades, and civil commotions, errors in Administrator,in writing,of the intention to subcontract. the Contract Documents; an act or omission of Such notification shall Identify the part of the Work,and the Owner, Contract Administrator, other the Subcontractor•:with whom.4t.J&lMended. contractors,or anyone employed or engaged by them directly or indirectly, contrary to the 03) The Contract Administrator will, within 10 days provisions of the..Contract.Documents; or of receipt of-such notification,:accept or reject the intended Subcontractor. The rejection will be in writing (b) a stop work order issued by a court or public and will include the reasons for the rejection. authority, provided that such order was not issued as the result of an act or omission of the 04) The Contractor shall not, without the written Contractor or anyone employed or engaged by consent of the Owner, change a Subcontractor who the Contractor directly or indirectly; or has been engaged in accordance with this General Condition. (c) the Contract Administrator giving notice under subsection GC7.09, Suspension of Work; or 05) The Contractor shall preserve and protect the rights of the parties under the Contract with respect to (d) abnormal inclement weather; the work to be performed under subcontract and shall then the Contractor shall be reimbursed by the Owner (a) enter into agreements with the intended for reasonable costs incurred by the Contractor as the Subcontractors to require them to perform their result of such delay, provided that in the case of an work in accordance with the Contract application for an extension due to abnormal inclement Documents; and OPS General Conditions of Contract 12 .l (b) be as fully responsible to the Owner for acts and Disputes or payment may be made according to the omissions of the Contractor's Subcontractors conditions contained in clause GC8.02.04.Payment on and of persons directly or indirectly employed a Time and Material Basis. by them as for acts and omissions of persons directly employed by the Contractor. GC3.11.03 Additional Work 06) Neither a subcontracting, nor the Owner's 01) The Owner,or Contract Administrator where so consent to a subcontracting by the Contractor,shall be authorized, may request the Contractor to perform construed to relieve the Contractor from any obligation Additional Work without invalidating the Contract. If the under the Contract or to impose any liability upon the Contractor agrees to perform Additional Work, the Owner. Nothing contained in the Contract Documents Cnntractor shall proceed with such work upon receipt shall create a contractual relationship between a of a Change Order. Subcontractor and the Owner. 02) The Contractor may apply for an extension of GC3.11 Changes in the Work, Extra Contract Time according to the terms of subsection Work and Additional Work GC3.07, Extension of Contract Time. GC3.11.01 Changes in the Work .03). Payment for A he:...Additional-Work may_ be negotiated pursuant to subsection GC3.14, Claims, 01) The Owner,or the Contract Administrator where Negotiations, Disputes, or payment may be made so authorized,may,by order in writing,make Changes according to the conditions contained in clause in the Work without Invalidating the Contract. The GC8.02.04, Payment on a Time and Material Basis. Contractor shall not be required to proceed with a change in the Work until in receipt of a Change Order. GC 3.12 Notices Upon the receipt of such written order the Contractor shall proceed with the work. 01) Any notice permitted or required to be given to the Contract Administrator or the Superintendent in 02) The Contractor may apply for an extension of respect of the Work shall be deemed to have been Contract Time according to the terms of subsection given to and received by the addressee on the date of GC3.07, Extension of Contract Time. delivery if delivered by hand or by facsimile transmission and on the fifth day after the date of 03) If the Changes in the Work relate solely to mailing if sent by mail. quantities, payment for the work will be made according to the conditions specked in clause 02) The Contractor and the Owner shall provide GC8.01.02, Variations in Tender Ouantities. If the each other with the mailing addresses, telephone Changes in the Work do not solely relate to quantities, numbers and facsimile terminal numbers for the payment may be negotiated pursuant to subsection Contract Administrator and the Superintendent at the GC3.14, Claims, Negotiations, Disputes or payment commencement of the Work. may be mado,according to the conditions contained in clause GC 8.02.04, Payment on a Time and Material 03) In the event of an emergency situation or other 1 Basis• urgent matter the Contract Administrator or the Superintendent may give.a verbal notice,provided that GC3.11.02 Extra Work such notice is confirmed in writing. 04) Any notice permitted or required to be given to 01) The Owner, or Contract Administrator where so the Owner or the Contractor shall be given in authorized, may instruct the Contractor to perform accordance with the notice provision of the Agreement. Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the GC3.13 Use and Occupancy of the work Extra Work until in receipt of a Change Order. Upon Prior to Substantial Performance receipt of the written order the Contractor shall proceed with the Work. 01) Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy 02) The Contractor may apply for an extension of the Work or any part thereof prior to substantial Contract Time according to the terms of subsection performance, provided that at least 30 days written GC3.07, Extension of Contract Time. notice has been given to the Contractor. 03) Payment for the Extra Work may be negotiated 02) The use or occupancy of the Work or arty part pursuant to subsection GC3.14, Claims, Negotiations, thereof by the Owner prior to substantial performance OPS General Conditions of Contract 13 shall not constitute an acceptance of the Work or Material basis in accordance with clause GC8A204 Pt P� , so occupied. in addition,the use or occupancy of the Payment on a Time and Material Basis, the dispute Work shall not relieve the Contractor or the may be resolved as described in clause GC3.14.05, Contractor's surety from any liability that has arisen,or Disputes. may arise, from the performance of the Work In accordance with the Contract Documents. The Owner GC3.14.03 Corttirtuartce of the Work will be responsible for any damage that occurs because of the Owner's use or occupancy. Such use 01) The Contract Administrator will give such or occupancy of any part of the Work by the Owner instructions as are necessary for continuation of the does not waive the Owner's right to charge the Work to prevent any delays. It Is understood that by Contractor liquidated damages in accordance with the so doing neither party to the Contract will jeopardize 'terms of the Contract any claim it may have. GC3.14 Claims, Negotiations, Disputes GC3.14.04 Record Keeping GC3.14.01 Claims Procedure 01) : Immediately...upon—commencing work which 01) The Contractor_.shall_give,zraLnotice..Df.any .:.may result in a claim;the Contractor.shall-keep-Daily, situation which may•lead-to-a claim-for-additional Work Records;•during the.course of.the work,,sufficient payment immediately upon becoming aware of the to substantiate he Contractor's claim;-and the Contrail situation. Administrator will keep Daily Work Records to be used In assessing the Contractor's claim, all in accordance 02) The Contractor shall provide written notice in the with clause GC8.02.07, Records. standard form'Notice of Intent to Claim'within 7 days ' of the commencement of any work which may be 02) The Contractor and the Contrail Administrator affected by the situation. shall reconcile their respective Daily Work Records on a weekly basis, to simplify review of the claim, when 03) The Contractor shall submit claims not later than submitted. 30 days-in exceptional cases this may be increased to a maximum of 180 days, but subject to approval in 03) The keeping of Daily Work Records by the writing Nom the Contrail Administrator-after.the date Contract Administrator or the reconciling of such Daily of substantial performance,identifying the item or items Work Records with those of the Contractor shall not be- . In respect of which the claim arises, stating the construed to be acceptance of the claim. grounds upon which the claim is made and submitting the records maintained by the Contractor supporting GC3.14.05 Disputes such claim. 01) Disputes may be settled by procedures already 04) The Contract Administrator may request the established by the Owner or where both parties agree, Contractor to submit such further and other particulars a dispute may be submitted to arbitration in ' as the Contract Administrator considers necessary to accordance with the provisiorts of subsection GC3.15, assess the claim-and the Contractor shall submit the Engineering Arbitration. Where both parties cannot requested information within 30 days. agree,.then,the.appropriate.judicial tribunal may be used. 05) Within 60 days of receipt of the detailed claim, and all supporting documentation, the Contrail GC3.14.06 Payment Administrator will advise the Contractor, in writing, of the Contract Administrator's opinion with regard to the 01) Payment of the claim will be made not later than validity of the claim. 30 days after the date of resolution of the claim or dispute. Such payment will be made according to the GC3.14.02 Negotiations terms of Section.GC8, Measurement and Payment. 01) Should the Contractor disagree with the opinion GC3.14.07 Rights of Both Parties given in paragraph 05) of clause GC3.14.01, Claims Procedure, with respect to any part of the claim, the 01) It is agreed that no action taken under this Contract Administrator will enter into negotiations with subsection by either pang shall be construed as a the Contractor to resolve the matters in dispute. Where renunciation or waiver of any of the rights or recourses a negotiated settlement cannot be reached and it is available to the parties,provided that the requirements 1 agreed that payment cannot be made on a Time and set out in this subsection are fulfilled. OPS General Conditions of Contract 14 GC3.15 Engineering Arbitration the Contract nor in either party's business and shall not be employed by either party. GC3.15.01 The Conditions for Engineering Arbitration 04) The decisions of two arbitrators shall bind the third. Where there is no agreement between two 01) The following conditions must be established arbitrators the decision of the chairman will be final. before an arbitration can proceed: (a) A dispute between the parties must exist; 05) The board may appoint experts to assist it. 06) The board is not bound by the rules of (b) The parties must agree to refer the dispute for evidence which govern the trial of cases in court but decision according to the procedure following; may hear and consider any evidence which it and considers relevant. (c) The parties must.agree to be.bound by the GC3.15.04 .costs award of the arbitrators. .01) Each.party shall pay..1he:cost:of its.appointee. Ga-15.02 Arbitration Procedure Ot) The following provisions are to be included in 02) The fee for the chairman will be shared equally. the agreement to arbitrate and are subject only to such 03) The fees of any experts appointed to assist the right of appeal as exist where the arbitrators have board shall be shared equally. exceeded their jurisdiction or have otherwise disqualified themselves: 04) The fees of any other person(s) appointed to (a) All existing actions in respect of the matters assist the board will be shared equally. under arbitration will be stayed pending 05) The Owner will provide accommodation for the arbitration; hearing in the Owner's facilities, and where this is not possible,will share in the cost of obtaining appropriate (b) All outstanding claims and matters to be settled facilities. are to be set out in a schedule to the agreement. Only such claims and matters as are in the 06) The board will have no power to award costs schedule will be arbitrated; and except where one of the parties fails to attend a hearing and it is necessary to adjoum until another (c) Before proceeding with the arbitration, the date. In such case,the board may require the absent Contractor shall confirm that all matters in party to bear the costs of the adjoumed hearing. dispute are set out in the schedule. GC3.15.03 Form and Appointment of GC3.15.05 The Award Arbitration Board 01) The award.will.be made within 90 days of the 01) The board shall be...composed._ of three conclusion of the hearing unless the board extends the arbitrators: time for making the award. The time shall not be extended beyond 180 days from the date of the (a) one appointed by the Contractor; appointment without the consent of both parties. (b) one appointed by the Owner; and Where the award is not made within these time limits (c) one to be appointed by the first two and who the parties may proceed to court or continue their shall act as chairman. existing actions. 02) A sole arbitrator may adjudicate the dispute where expressly agreed by the Contractor and Owner. GC3.15.06 Hearing 03) Appointees shall not be interested financially in 01) The hearing will commence within 90 days of the appointment of the chairman. OPS General Conditions of Contract 15 SECTION GC4 OWNER'S RESPONSIBWTIES AND RIGHTS August 1990 GC4.01 Working Area the default within 5 Working Days. 01) The Owner will acquire all property rights which .GC4.06 Contractor's Right to Correct a are deemed necessary by the Owner for the Default construction of the Work including temporary working easements and will indicate the full extent of the 01) The Contractor shall have the right within the 5 Working Area on the Contract Drawings. full Working Days following the receipt of a notice of default to correct the default and provide the Owner GC4.02 Management and Disposition of with satisfactory proof that appropriate corrective . Materials measures have been taken. 01) The Owner will identify In the Contract Document 02) If the correction of the default cannot be the materials to be moved within or,removed from the completed within .the.5 4ull Working:.Days following Working Area, and any characteristics:-.of those receipt of the notice the Contractor shall:not be in materials which will necessitate special materials default if the Contractor management and disposition. _ (a) commences the correction of the default within 02) The Owner will be responsible for any additional the 5 full Working Days following receipt of the costs of removing,management and disposition of any notice; material not Identified in the Contract Documents, or where conditions exist that could not have been (b) provides the Owner with an acceptable reasonably foreseen at the time of tendef ing. schedule for the progress of such correction; and GC4.03 Construction Affecting Railway Property (c) completes the correction in accordance with such schedule. 01) The Owner will pay the costs of all flagging and other traffic control measures required and provided by GC4.07 Owner's Right to Correct Default the railway company. 01) If the Contractor fails to correct the default Within the time specked in subsection GC4.06, GC4.04 Default by the Contractor Contractor's Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other 01) The Contractor shall be in default of the Contract right or remedy the Owner may have,may correct such if default and deduct the cost thereof, as certified by the Contract.Administrator. :.:from°-any..payment then or (a) the Contractor fails to commence the Work or thereafter due to the Contractor. execute the Work properly or otherwise fails to ' comply with the requirements of the Contract to a substantial degree; or GC4.08 Termination of Contractors Right to Continue the Work (b) if the-Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors 01) Where the Contractor fails to correct a default because of insolvency or if a receiver is within the time specified in subsection GC4.06, appointed because of insolvency. Contractor's Right to Correct a Default,or subsequently agreed upon,the Owner,without prejudice to any other GC4.05 Notification of Default right or remedy the Owner may have, may terminate the Contractor's right to continue the Work in whole or 01) The Owner will give written notice of a default to in part by giving written notice to the Contractor. the Contractor as soon as the Owner becomes aware of the alleged default but failure to give such notice in 02) If the Owner terminates the Contractor's right to a timely way shall not constitute condonation of the continue with the Work in whole or in part, the Owner default. The notice will include instructions to correct will be entitled to OPS General Conditions of Contract 16 } (a) take possession of the Working Area or that withheld from the Contractor under subsection GG4.08, portion of the Working Area devoted to that part Termination of the Contractor's Right to Continue the of the Work terminated; Work,the Owner will pay the balance to the Contractor as soon as the final accounting for the Contract is (b) utilize the Contractor's Equipment and any complete. Material within the Working Area which is intended to be incorporated into the Work, the whole subject to the right of third parties; GC4.10 Termination of the Contract (c) withhold further payments to the Contractor with 01) Where the Contractor is in default of the respect to the Work or the portion of the Work Contract the Owner may,without prejudice to any other withdrawn from the Contractor until the Work or right or remedy the Owner may have, terminate the portion thereof withdrawn is completed; Contract by giving written notice of termination to the Contractor, the Surety and any trustee or receiver (d) charge the Contractor the.additional.cost over . . acting on behalf of the Contractor's estate or creditors: the contract price of completing the Work. or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator and 02) If the Owner elects to terminate the Contract the any additional compensation paid to the Owner will provide the Contractor and the trustee or Contract Administrator for such additional receiver with a complete accounting to the date of 1, service arising from the correction of the default; termination. (e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator,to GC4.11 Continuation of Contractor's cover correction to the Work performed by the Obligations Contractor that may be required under subsection GC7.15, Warranty; 01) The Contractor's obligation under the Contract as to quality, correction and warranty of the Work (f1 charge the Contractor for any damages the performed prior to the time of termination of the Owner may have sustained as a result of the Contract or termination of the Contractor's right to 1 default; and continue with the Work In whole or in part shall (g) . charge the Contractor the amount by which the continue to be in force after such termination. cost of corrections to the Work under subsection GC7.15, Warranty, exceeds the GC4.12 Use of Peilormance Bond allowance provided for such corrections. 01) If the Contractor is in default of the Contract and CC4-09 _Fatal Payment to Contractor the.Contractor.has:provided a•Performance Bond,the i provisions :of this Section shall be exercised in 01) If the Owner's cost to correct and complete the accordance with the conditions of the Performance' Work in whole or in part is less than the amount Bond. i OPS General Conditions of Contract 17 SECTION GC5 MATERIAL August 1990 of Material work site expeditiously after the notification GC5.01 Supply pact cosy nation to that effect from the Contract Administrator. Where the 01) All Material necessary for the proper completion Contractor fails to comply with such notice the of the Work,except that listed as being supplied by the Contract Administrator may cause the rejected Material Owner, shall be supplied by the Contractor. The to be removed from the site and disposed of in what contract prices for the appropriate tender items shall be the Contract Administrator considers to be the most deemed to include full compensation for the supply of appropriate manner and the Contractor shall pay the such Material. costs of disposal and the appropriate. overhead c_harges. GC5.02 Guardy of Material GC5.04 Su bstitutions 01) All Material provided by the Contractor shall be new. 01) Where the.specifications require the Contractor to supply a Material designated by a trade or other 02) Material supplied. by .the..,Contractor:..shall. name,the tender -b -shall=beased only upon supply of, m . conformto the requirements of the Contract. � the Materal'so�designated,,which°shall be regarded as the standard of quality required by the specification.- 03) As specified or as requested by the Contract After the acceptance of a tender, the Contractor may Administrator, the Contractor shall make available for apply to the Contract Administrator to substitute Inspection or testing a sample of any Material to be another Material identified by a different trade or other provided by the Contractor. name for the Material designated as aforesaid. The application shall be in writing and shall state the price 04) The Contractor shall obtain. for the Contract for the proposed substitute Material designated as Administrator the right to enter upon the premises of aforesaid, and such other information as the Contract the Material manufacturer or supplier to carry out such Administrator may require. inspection, sampling and testing as specified or as requested by the Contract Administrator. 02) Rulings on a proposed substitution will not be made prior to the acceptance of a tender. 05) The Contractor shall notify the Contract Substitutions shall not be made without the prior Administrator of the sources of supply sufficiently in approval of the Contract Administrator. The approval advance of the Material shipping dates to enable the or rejection of a proposed substitution will be made at 1 Contract Administrator to perform the required the discretion of the Contract Administrator. Inspection, sampling and testing. t)3) if the proposed substitution Is approved by the 06) The Owner will not be responsible for any delays Contract Administrator,the Contractor shall be entitled to the Contractor's operations where the Contractor to the first.$1000 4t:the saggregate.saving in cost by fails to give sufficient advance notice to the Contract reason-of such-substitution-and-to 50% of any Administrator to enable the Contract Administrator to additional saving in cost: n:.excess of such $1000. carry out the required inspection,sampling and testing ...^,Each,..such ..approval,,,shark:bw.',conveyed to :the before the scheduled shipping dates. Contractor in writing or by issuance of Certificate of Equality on the Owner's standard form of*Certification 07) The Contractor shall not change the source of of Equality"and N any adjustment to the contract price supply of any Material without the written authorization is made by reason of such substitution a Contract of the Contract Administrator. Change Order shall be issued as well. 08) Material which is not specified shall be of a GC5.05 Owner Supplied Material quality best suited to the purpose required and the use of such Material shall be subject to the approval of the GC5.05.01 Ordering of Excess Material Contract Administrator. 01) Where Material is supplied by the Owner and where this Material is ordered by the Contractor In GC5.03 Rejected Material excess of the amount specified to complete the Work, such excess Material shall become the property of the 01) Rejected Material shall be removed from the Contractor on completion of the Work and shall be OPS General Conditions of Contract 18 charged to the Contractor at cost plus applicable 04) The full amount of Material supplied by the overheads. Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the GC5.05.02 Care of Material Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract 01) The Contractor shall, in advance of receipt of Administrator, be used by the Contractor for purposes shipments of Material supplied by the Owner, provide other than the performance of the Work under the adequate and proper storage facilities acceptable to Contract. the'Contract Administrator;and on the receipt of such , Material shall promptly place it in storage except where it is to be Incorporated forthwith into the Work. 05) Empty reels,crates,containers and other types of packaging from Material supplied by the Owner shall 02) The Contractor shall be responsible for become the property of the Contractor when they are acceptance of Material supplied by the Owner, at the no longer required for their original purpose and shall specified delivery point and for its safe handling and be disposed of by the Contractor unless .otherwise storage. 'if such Material is damaged while under the specked in the Contract°Documents: 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. 06) The Contractor shall provide -the Contract If such Material is rejected by the Contract Administrator, immediately upon receipt of each Administrator for reasons which are not the fault of the shipment, copies of bills of lading, or such other Contractor it shall remain in the care and at the risk of documentation the Contract Administrator may require the Contractor until its disposition has been determined to substantiate and reconcile the quantities of Material by the Contract Administrator. received. 03) Where Material supplied by the Owner arrives at the delivery point In a damaged condition or where 07) Where Material supplied by the Owner is there are discrepancies between the quantities received ordered and stockpiled prior to the award of the and the quantities shown on the bills of lading, the Contract, the Contractor shall, at no extra cost to the Contractor shall immediately report such damage or Owner, immediately upon commencement of discrepancies to the Contract Administrator who shall operations, check the Material, report any damage or ' arrange for an immediate inspection of the shipment deficiencies to the Contract Administrator and take and provide the Contractor with a written release from charge of the Material at the stockpile site. Where responsibility for such damage or deficiencies. Where damage or deficiencies are not so recorded by the damage or deficiencies are not so reported it will be Contractor it shall be assumed that the stockpile was assumed that the shipment arrived in good order and in good order when the Contractor took charge of it any damage or deficiencies reported thereafter shall be and any damage or deficiencies reported thereafter made good by the Contractor at no extra cost to the shall be made good by the Contractor at no extra cost Owner. to the Owner. OPS General Conditions of Contract l 19 ' SECTION GC6 INSURANCE, PROTECTION AND DAMAGE Au9ust1990 GC6.01 Protection of Work,Persons the failure to perform the Work, provided such claims and Property are 01) The Contractor, the Contractor's agents and all (a) attributable to bodily injury, sickness, disease, workers employed by or under the control of the or death or to damage to or destruction of Contractor,including Subcontractors,shall protect the tangible property; Work, persons and property from damage or injury, and shall be responsible for all losses and damage (b) caused by negligent acts or omissions of the which may arise as the result of the Contractor's Contractor or anyone for whose acts the operations under the Contract unless indicated to the Contractor may be liable; and contrary below. (c) made in writing within a period of 6 years from 02) The Contractor Is responsible for the fuilcost of the4ateof.SubstantialPerformance of the Work any necessary......temporary_., provisions:..and .:the as set out -in-the--Certificate of •Substantial- restoration of all damage, where the Contractor Performance of the Work or,where so specked damages the Work or property in the performance of in the.Contract from,the date of certification of the Contract. If the Contractor is not responsible for Final Acceptance. the damage that occurs to the Work or property the Contractor shall restore such damage, and such work 02) The Contractor shall Indemnify and hold shall be administered according to these General harmless the Owner from all and every claim for ' Conditions. damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the 03) The Contractor shall immediately inform the Contractor in connection with work performed or Contract Administrator of all damage and injuries which material furnished by the Contractor under the occur during the term of the Contract. Contract- 04) The Contractor shall not be responsible for loss 03) The Owner expressly waives the right to and damage that occurs as a result of indemnity for claims other than those stated above in paragraphs 01) &02). (a) war, (b) blockades and civil commotion; 04) The Owner shall indemnify and hold harmless (c) errors in the Contract Documents; the Contractor, his agents, officers and employees (d) acts or omissions of the Owner, the from and against all claims, demands, losses, Contract Administrator, their agents and expenses, costs, damages, actions, suits, or employees, or others not under the proceedings arising out of the Contractor's control of the Contractor, but within the performance.of the Contract.which are attributable to a ' Working Area with the Owner's lack of or defect in title or.awalleged lack of or defect permission. in title to the Working Area. ' 05) The Contractor and his Surety or Sureties will not 05) The Contractor expressly waives the right to be released from any term or provision of any indemnity for claims other than those stated above In responsibility, obligation or liability under the Contract paragraph 04). or waive or impair any of the rights of the Owner except by a release duly executed by the Owner. GC6.03 Contractor's Insurance GC6.02 " Indemnification GC6.03.01 General ' 01) The Contractor shall indemnify and hold 01) Without restricting the generality of subsection harmless the Owner and the Contract Administrator, GC6.02,Indemnification,the Contractor shall provide, their agents,officers and employees from and against maintain and pay for the insurance coverages listed in all claims, demands, losses, expenses, costs, this General Condition under clauses GC6.03.02 and damages, actions, suits or proceedings by third .03. Insurance coverage in causes GC6.03.04,.05 and parties, hereinafter called*claims',direct'or indirectly .06 will only apply when so specified in the Contract arising or alleged to arise out of the performance of or Documents. ' OPS General Conditions of Contract 20 , 1 G06.03.02 General Liability Insurance licensed vehicles shall have limits of not less than 5 million dollars inclusive per occurrence for bodily 01) General liability insurance shall be in the joint injury, death and damage to property, in the following names of the Contractor,the Owner, and the Contract forms endorsed to provide the Owner with not less Administrator with limits of not less than 5 million than 30 days' written notice in advance of any dollars inclusive per occurrence for bodily injury,death, cancellation, change or amendment restricting and damage to property including loss of use thereof, coverage: with a property damage deductible of not more than $5000. The form of this insurance shall be the (a) standard non-owned automobile policy Insurance Bureau of Canada Form IBC 2100, dated including standard contractual liability 8-87• endorsement; and 02) Another form of insurance equal to or better than (b) standard owner's form automobile policy that required in IBC Form 2100 may be used,provided providing third party liability and accident all the requirements listed in the Contract are included. benefits insurance and covering licensed Approval of this Insurance.Will:be condftionai-upon the . vehicles owned or operated by the-Contractor , Contractor obtaining the services of a recognized Insurance Consultant and obtaining the Consultant's certificate"of equivalency to the required insurance. GC6.03.04 Aircraft and Watercraft Liability Insurance 03) The insurance shall be maintained continuously from the commencement of the Work until 12 months 01) Aircraft and watercraft liability insurance with following the date of substantial performance of the respect to owned or non-owned aircraft and watercraft ' Work, as set out in the certificate of Substantial if used directly or indirectly in the performance of the Performance of the Work,or until the certificate of Final Work, including use of additional premises, shall be Acceptance of the Work is Issued, whichever is the subject to limits of not less than 5 million dollars later, and with respect to completed operations inclusive per occurrence for bodily injury, death, and coverage for a period of not less than 24 months from damage to property including loss of use thereof, and the date of Final Acceptance of the Work as set out in limits of not less than 5 million dollars for aircraft the certificate of Final Acceptance of the Work, and passenger hazard. Such insurance shall be in a form thereafter to be maintained for a further period of 4 acceptable to the Owner. The policies shall be yew• endorsed to provide the Owner with not less than 30 days'written notice in advance of cancellation,change 04) The Contractor shall submit annually to the or amendment restricting coverage. Owner, proof of continuation of the completed operations coverage and failure of the Contractor to do G06.03.05 Property and Boiler Insurance so will result in the cancellation by the Owner of the limit of .the Contractor's indemnification under GC6.03.05.01 Property Insurance ' paragraph 01) (c) of subsection GC6.02, Indemnification. 01) All risks property insurance shall be in the joint names of the Contractor,the Owner and the Contract 05) Should the Contractor decide not to employ Administrator; insuring-not less than the sum of the , Subcontractors for operations requiring the use of amount of the Contract Price and the full value,as may explosives for blasting,or pile driving or caisson work, be stated in the Supplemental General Conditions, of or removal or weakening of support of property Material that is specified to be provided by the Owner building or land, IBC Form 2100 as required shall for incorporation into the Work, with a deductible not include the appropriate endorsements. exceeding 1%of the amount insured at the site of the Work. This insurance shall be in a form acceptable to 06) The policies shall be endorsed to provide the the Owner and shall be maintained continuously until ' Owner with not less than 30 days written notice in 10 days after the date of Final Acceptance of the Work, advance of cancellation, change-or amendment as set out in the certificate of Final Acceptance of the restricting coverage. Work. 07) 'Claims Made' insurance policies will not be GC6.03.05.02 Bailer Insurance permitted. 01) Boiler insurance insuring the interests of the GC6.03.03 Automobile Liability Insurance Contractor,the Owner and the Contract Administrator for not less than the replacement value of boilers and 01) Automobile liability insurance in respect of pressure vessels forming part of the Work,shall be In OPS General Conditions of Contract 21 a form acceptable to the Owner. This Insurance shall responsibility by the terms of this Contract. be maintained continuously from commencement of use or operation of the property Insured until 10 days 03) In the event of loss or damage to the Work after the date of Final Acceptance of the Work, as set arising from the action of others,the Owner shall pay out in the certificate of Final Acceptance of the Work. the Contractor the cost of restoring the Work as the restoration of the Work proceeds and in accordance GC6.03.05.03 Use and Occupancy of the Work with the requirements of Section GC8, Measurement Prior to Completion and Payment. ' 01) Should the Owner wish to use or occupy part or GC6.03.06 Contractors'Equipment all of the Work prior to substantial performance, the Insurance Owner will give 30 days, written notice to the Contractor of the intended purpose and extent of such 01) All risks Contractors' equipment insurance use or occupancy. Prior to such use or occupancy the covering construction machinery and equipment used Contractor shall notify the Owner in writing of the by the Contractor for the performance of the Work, additional premium cost, if any, to maintain property including boiler Insurance on temporary boilers and ' and boiler insurance,.which,shall be.at.,:the Owner's ;;pressure vessels,shail,be im form,acceptable to the expense. If because.of.such use .or-occupancy the ...-Owner and shall not--allow subrogation claims by-the Contractor is unable to..provide coverage,.the.Owner._ Insurer against the-Owner. --The-policies shall be upon written notice from the Contractor and prior to !endorsed to-provider the-•Ownerwlth not less than 30 such use or occupancy shall provide,maintain and pay days'written notice in advance of cancellation,change for property and boiler insurance insuring the full value or amendment restricting coverage. Subject to of the Work, including coverage for such use or satisfactory proof of financial capability by the occupancy,and shall provide the Contractor with proof Contractor for self-insurance of the Contractor's ' of such insurance. The Contractor shall refund to the equipment, the Owner agrees to waive the equipment Owner the unearned premiums applicable to the insurance requirement, and for the purpose of this Contractor's policies upon termination of coverage. Contract, the Contractor shall be deemed to be insured. This policy-shall be amended to provide 02) The policies shall provide that, in the event of a permission for the Contractor to grant prior releases loss or damage, payment shall be made to the Owner with respect to damage to the Contractor's equipment. and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the GC6.03.07 Insurance Requirements and Owner and the Contractor for the purpose of adjusting Duration the amount of such loss or damage payment with the Insurers. When the extent of the loss or damage Is 01) Unless specified otherwise the duration of each ' determined the Contractor shall proceed to restore the insurance policy shall be from the date of Work. Loss or damage shall not affect the rights and commencement of the Work until 10 days after the obligations of either party under the Contract except date of Final Acceptance of the Work,as set out in the that the Contractor shall be entitled to such reasonable certificate of Final Acceptance of the Work. extension of Contract Time relative to the extent of the loss or damage as the Contract Administrator may 02) The Contractor shall provide the Owner, on a decide In consultation with the Contractor. form acceptable-to the Owner;proof of insurance prior to commencement°af the-Work; :and..signed by an GC6.03.05.04 Payment for.Loss:.or.-Damage.. : officer of the Contractor and either the underwriter or- the broker. 01) The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the 03) The Contractor shall, on request, promptly Contract, the amount at which the Owner's interest in provide the Owner with a certified true copy of each restoration of the Work has been appraised, such insurance policy exclusive of information pertaining to amount to be paid as the restoration of the Work premium or premium bases used by the insurer to proceeds and in accordance with the requirements of determine the cost of the insurance. The certified true Section GC8, Measurement and Payment. In addition copy shall include a signature by an officer of the the Contractor shall be entitled to receive from the Contractor and in addition, a signature by an officer of payments made by the Insurer the amount of the the insurer or the underwriter or the broker. Contractor's interest in the restoration of the Work. 04) Where a policy is renewed the Contractor shall 02) The Contractor shall be responsible for provide the Owner,on a form acceptable to the Owner, deductible amounts under the policies except where renewed proof of insurance immediately following such amounts may be excluded from the Contractor's completion of renewal. OPS General Conditions of Contract 22 05) Unless specified otherwise the Contractor shall reimbursement of such costs the Owner may deduct be responsible for the payment of deductible amounts the costs thereof from monies which are due or may under the policies. become due to the Contractor. 06) If the Contractor fails to provide or maintain GC6.04 Bonding insurance as required in this General Condition or elsewhere in the Contract Documents,then the Owner 01) The Contractor shall provide the Owner with the will have the right to provide and maintain such surety bonds in the amount required by the tender insurance and give evidence thereof to the Contractor. documents. The Owner's cost thereof shall be payable by the Contractor to the Owner on demand. 02) Such bonds shall be issued by a duly licensed surety company authorized to transact a business of 07) If the Contractor fails to pay the cost of the suretyship in the Province of Ontario and shall be insurance placed by the Owner within 30 days of the maintained in good standing until the fu�iment of the date on which the Owner made a formal demand for. Contract OPS General Conditions of Contract 23 CTO 1 CONTROL OF THE WORK SECTION GC7 CONTRACTOR'S S RESPONSIB UT1ES AND August 1990 ' shall the Contract Administrator of GCT.01 General notify the name(s), address(es), position(s) and telephone number(s) of 01) The Contractor warrants that the site of the Work the Contractor's representative(s) who can be has been visited during the preparation of the tender contacted at any time to deal with matters relating to and the character of the Work and all local conditions the Contract. which may affect the performance of the Work are known. 08) The Contractor shall,at no additional cost to the Owner, furnish all reasonable aid, facilities and 02) The Contractor shall not commence the Work assistance required by the Contract Administrator for nor deliver anything to the Working Area until the the proper inspection and examination of the Work or Contractor has received a written order to commence the taking of measurements for the purpose of the Work, signed by the Contract Administrator. payment. 03) The Contractor shall.have.complete..control of .....09) The Contractor,shall<prepare;rand,update-•as the work and shall effectively direct and supervise the required,a.construction schedule indicating the timing work so as to ensure conformity with the Contract of the major and critical`activities-of the Work. The ' Documents. The Contractor shall be responsible for schedule shall be designed to ensure conformity with construction means, methods,techniques,sequences the specified Contract Time. The schedule shall be and procedures and for coordinating the various parts_ submitted to the Contract Administrator within 14 days of the Work. `: from the date of the contract award. ' 04) The Contractor shall have the sole responsibility 10) Where the Contractor finds any errors, for the design, erection, operation, maintenance and inconsistency or omission relating to the Contract,the removal of temporary structures and other temporary Contractor shall promptly report it to the Contract facilities and the design and execution of construction Administrator and shall not proceed with the activity methods required in their use. affected until receiving direction from the Contract Administrator. 05) Notwithstanding paragraph 04) of subsection GC7.01, General, where the Contract Documents 11) The Contractor shall promptly notify the Include designs for temporary structures and other Contract Administrator in writing if the subsurface temporary facilities or specify a method of construction conditions observed in the Working Area differ ' in whole or part, such facilities and methods shall be materially from those indicated in the Contract considered to be part of the design of the Work, and Documents. the Contractor shall not be held responsible for that part of the design or the specified method of 12) The Contractor shall arrange with the ' construction. The Contractor shall, however, be appropriate:utility.,authordies.for the.stake out of all responsible for the execution of such design or underground utilities and service connections which specked method of construction in the.same.manner may be affected by the Work.The Contractor shall be ' that the Contractor is responsible.for the execution of ....,responsible for any damage done,to the underground , the Work. utilities by the Contractor`s forces during construction N the stake out locations are within the tolerances given 06) The Contractor shall be responsible for in subsection GC2.01, Reliance on Contract construction health and safety within the working areas Documents. The Contractor shall be responsible for and for compliance with the Occupational Health and any damage done to the service connections. Safety Act and Regulations. So as to avoid any misunderstanding as to the extent of the Contractor's ' responsibility,the Contractor,by executing the Contract GC7.02 Layout unequivocally acknowledges that the Contractor is the Constructor within the meaning of the Act. 01) Prior to commencement of construction, the ' Contract Administrator and the Contractor will locate on 077 The Contractor shall have an authorized site those property bars, baselines and benchmarks representative on the site while any work is being which are necessary to delineate the Working Area and performed, to act for or on the Contractor's behalf. to lay out the Work, ail as shown on the Contract Prior to commencement of construction,the Contractor Drawings. OPS General Conditions of Contract 24 02) The Contractor shall be responsible for the GC7.04 ) Preservation of all property bars while the Work is in Excess Motor Vefticles progress, except those property bars which must be 01) Where a vehicle is hauling material for use on removed to facilitate the Work. Any property bars the Work, in whole or in part upon a Highway disturbed, damaged or removed by the Contractor's where motor vehicle registration ps required for, operations shall be replaced under the supervision of vehicle, the Contractor shall not cause or permit such an Ontario Land Surveyor, at no extra cost to the vehicle to be loaded beyond the legal limit specked in Owner. the Highway Traffic Act, whether such vehicle is registered in the name of the Contractor or otherwise, 03) At no extra cost to the Owner, the Contractor except where there are designated areas within the shall provide the Contract Administrator with such Working Area where overloading is permitted. The materials and devices as may be necessary to lay out Contractor shall bear the onus of weighing disputed the baseline and benchmarks, and as may be loads. necessary for the inspection of the Work. 04) The:Contractor shall provide..qualified personnel GC7.05 Condition of the Working Area to lay out-and establish all lines and grades necessary ' for construction. .. The Contractor shall notify the 01) The Contractor shall maintain the Working Area Contract Administrator of any layout work carried out, in a tidy condition and free from the accumulation of so that the same may be checked by the Contract debris,other than that caused by the Owner or others. ' Administrator. GC7.06 Maintaining Roadways and 05) The Contractor shall install and maintain Detour substantial alignment markers and secondary benchmarks as may be required for the proper 01) Where an existing Roadway Is affected by execution of the Work. The Contractor shall supply construction, it shall be kept open to traffic, and the one copy. of all alignment and grade sheets to the Contractor shall, except as otherwise provided in this , Contract Administrator. subsection, be responsible for providing and maintaining for the duration of the Work, a road 06) The Contractor shall assume full responsibility through the Work,whether along an existing Highway, for alignment, elevations and dimensions of each and including the road under construction, or on detours l� all parts of the Work, regardless of whether the within or adjacent to the Highway, in accordance with Contractor's layout work has been checked by the the Manual of Uniform Traffic Control Devices Contract Administrator. (MUTCD). 07) All stakes,marks and reference points provided 02) The Contractor shall not be required to maintain , by the Contract Administrator shall be carefully a road through the Working Area until such time as the preserved by the Contractor. In the case of their Contractor has commenced operations- or during destruction or removal, such stakes, marks and seasonal shut down oronany�part of the Contract that , reference points will be replaced by the Contract has been accepted in accordance with these General Administrator,at no extra cost to the Owner. Conditions. GL7.03 03) Where localized and separated sections of the , Damage by Vehicles or Other Highway only are affected by the Contractor's Equipment operations, the Contractor will not be required to maintain intervening sections of the Highway until such 01) If at any time, in the opinion of the Contract times as these sections are located within the limits of Administrator, damage is being done or is likely to be the Highway affected by the Contractor's general done to any roadway or any improvement thereon, operations under the Contract. The Contractor shall outside the Working Area, by the Contractor's vehicles not be required to apply deicing chemicals or , or other equipment, whether licensed or unlicensed abrasives or carry out snowplowing. equipment,the Contractor shall,on the direction of the Contract Administrator, and at no extra cost to the 04 Owner, make ) Where the Contract Document provides for o changes o substitutions for such the Contract Administrator requires detours at speck vehicles or equipment, and shall after loadings, or In locations payment for the construction of the detours, Some other manner, remove the cause of such and if required, or the subsequent removal of the damage to the satisfaction of the Contract Administrator. detours, will be made at the Contract prices appropriate to such work. 1 OPS General Conditions of Contract r 25 r 05) The Owner will bear the cost of maintaining,in a 02) The Contractor shall provide at all times and at satisfactory condition for traffic, a road through the no extra cost to the Owner access to fire hydrants,and Working Area The road through the Work will include water and gas valves located in the Working Area. any detour constricted In accordance with the Contract Documents or required by the Contract 03) Where any interruptions in the supply of utility Administrator. Compensation for all tabour,equipment services are required and are authorized by the and materials to do this work shall be at the Contract Contract Administrator, the Contractor shall give the pries appropriate to the work and,where there are no affected property owners notice in accordance with such prices,at negotiated pries. Notwithstanding the subsection GC7.11, Notices by the Contractor, and ' foregoing,the cost of blading required to maintain the shall arrange such interruptions so as to create a surface of such roads and detours shall be deemed to minimum of interference to those affected. be included in the prices bid for the various tender items and no additional payment will be made. ' GC7.08 Approvals and Permits 06) Where work under the Contract Is discontinued for any extended period including seasonal shutdown, 01) Except as specified in paragraph 02) of this ' the Contractor shall,-wher.directed.by-Ahe_.Contract •.-subsection;-the-Contractor-shall oobtain•any°permits, Administrator, open-and..-place—the—roadway-- and- .licenses, and certificates•required-for theperformance detours in a passable, safe and satisfactory condition of the Work which are,in force at the date of tender for public travel. closing. ' 07) Where the Contractor constructs a detour which 02) The Owner will obtain and pay for the Is not specifically provided for in the Contract necessary plumbing and building permits. Document, or required by the Contract Administrator, the construction of the detour and, if required, the 03) The Contractor shall arrange for all necessary subsequent removal shall be performed at the inspections. Contractor's expense. The detour shall be constructed and maintained to structural and geometric standards GC7.09 Suspension of Work approved by the Contract Administrator. Removal shall be performed as directed by the Contract 01) The Contractor shall, upon written notice from Administrator. the Contract Administrator,discontinue or delay any or all of the Work and work will not be resumed until the 08) Where,with the written approval of the Contract Contract Administrator will, in writing, so direct. Administrator, the Highway Is closed and the traffic Delays, in these circumstances, will be administered diverted entirely off the Highway to any other Highway, according to subsection GC3.08, Delays. ' the Contractor shall, at no extra cost to the Owner, supply and erect traffic control devices in accordance with the MUTCD. GC7.10 Contractors Right to Stop the Work or Terminate The Contract ' 09) Compliance with the foregoing provisions shall In no way relieve the Contractor of obligations.under 01) If the Owner is adjudged bankrupt or makes a subsection GC6.01, Protection of.Work,.Persons.and general assignment for the benefit of creditors because" - Property,dealing with the.Contractors responsibility for- - of insolvency,or if�a receiver s;appointed because of damage claims, except for claims arising on.sections. . insolvency, the Contractor may, without prejudice to of Highway within the Working Area that are being any other right or remedy the Contractor may have, by maintained by others, giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract. GC7.07 Access to Properties Adjoining the Work and Interruption of 02) If the Work is stopped or otherwise delayed for ' Utility Services a period of 30 days or more under an order of a court or other public authority and provided that such order 01) The Contractor shall provide at all times, and at was not issued as the result of an act or fault of the no extra cost to the Owner Contractor or of anyone directly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or remedy the Contractor (a) adequate pedestrian and vehicular access; and may have,by giving the Owner written notice,terminate the Contract. I (b) continuity of utility services to properties adjoining the Working Area 03) The Contractor may notify the Owner in writing, OPS General Conditions of Contract r r with a copy to the Contract Administrator, that the not make any claim against the Owner for any loss, Owner is in default of contractual obligations if damage or expense occasioned thereby. (a) the Contract Administrator fails to issue 02) Where the obstruction is an underground utility certificates in accordance with the provisions of such as a telephone cable, watermain, gas main or ' Section GC8, Measurement and Payment; sewer or other man-made object, the Contractor shall not be required to assume the risks and responsibilities (b) the Owner fails to pay the Contractor, within 30 -arising out of such obstruction, unless the location of days of the due date, the amounts certified by the obstruction is shown on the plans or described in , the Contract Administrator or awarded by the specifications and the location so shown is within arbitration or court; or the tolerance specified in paragraph 01)(a) of subsection GC2.01, Reliance on Contract Documents, ' (c) the Owner violates the requirements of the or unless the presence and location of the obstruction Contract. has otherwise been made known to the Contractor or could have been determined by the visual site 04) The Contractor's.:written notice to the.Owner investigation-made by-the Contractor in-accordance ' shall advise that if the default is not corrected in the 7 with these General Conditions. days immediately following the receipt of the written notice the Contractor may, without prejudice to any 03) During the course of the Contract, it Is the other right or remedy the Contractor may have, stop Contractors responsibility to consult with utility ' the Work or terminate the Contract. companies or other appropriate authorities for further information in regard to the exact location of these 05) If the Contractor terminates the Contract under utilities,to exercise the necessary care in construction the conditions set out in this subsection,the Contractor operations, and to take such other precautions as are shall be entitled to be paid for all work performed necessary to safeguard the utility from damage. according to the Contract Documents and for any losses or damage as the Contractor may sustain as a GC7.13 Vmitations of Operations result of the termination of the Contract. ' 01) Except for such work as may be required by the GC7-11 Notices by the Contractor Contract Administrator to maintain the Work in a safe i and satisfactory condition, the Contractor shall not 01) Before work is carried out which may affect the carry on operations under the Contract on Sundays .property or operations of any Ministry or agency of without permission in writing from the .Contract government or any person, company, partnership or Administrator. corporation, including a municipal corporation or any , board or commission thereof, and in addition to such 02) The Contractor shall cooperate with other notices of the commencement of specked operations Contractors,utility companies and the Owner and they as are prescribed elsewhere in the Contract Document, shall be allowed access to their work or plant at all ' the Contractor shall give at least 48 hours advance reasonable times. written notice of the date of commencement of such work to the person,company,partnership,corporation, board, or commission so affected. GC7.14 Cleaning Up Before Acceptance , 02) In the case of damage to, or interference with 01) Upon attaining Substantial Performance of the any utilities, pole lines, pipe lines, conduits,farm tiles, Work, the Contractor shall remove surplus materials, or other public or privately owned works or property, tools, construction machinery and equipment not , the Contractor shall immediately notify the Owner and required for the performance of the remaining work. the Contract Administrator of the location and details of The Contractor shall also remove all temporary works such damage or interference. and debris other than that caused by the Owner, or others and leave the Work and Working Area clean and i GC7.12 Obstructions suitable for occupancy by the Owner unless otherwise 01) Except as otherwise noted in these General specified. Conditions, the Contractor assumes all the risks and responsibilities . arising out of any obstruction 02) The Work shall not be deemed to have reached encountered in the performance of the Work and any Completion until the Contractor has removed surplus traffic conditions. Including traffic conditions on any materials, tools, construction machinery and , highway or road giving access to the Working Area equipment. The Contractor shall also have removed caused by such obstructions.and the Contractor shall debris,other than that caused by the Owner,or others. OPS General Conditions of Contract ' 1 27 C„C7,15 Wanly Performance of the Work, Or where there is no Substantial Performance certificate,12 months from the ' 01) The Contractor shall be responsible for the date of Completion of the Work as set out in the proper performance of the Work only to the extent that Completion Certificate or such longer periods as may the design and specifications permit such performance. be specified for certain materials or work. The ' Contract Administrator will promptly give the Contractor 02) Subject to the previous paragraph the Contractor written notice of observed defects or deficiencies. shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work which ' appear prior to and during the period of 12 months 03) The Contractor shall correct or pay for damage from the date of Substantial Performance of the Work, resulting from corrections made under the as set out in the Certificate of Substantial requirements of paragraph 02) of this subsection. OPS General Conditions of Contract r 28 r l , r i . r 1 } r r r ' 1 . 1 r 1 ■ 1 r r OPS General Conditions of Contrail ' 29 ' SECTION GCB MEASUREMENT AND PAYMENT August 19g0 ' GC8 01 Measurement (b) of work performed�and/or material supplied by GC8.01.01 Qrrantrties the Contractor is less than 85% of the tender quantity,either party to the Contract may make 01) The Contract Administrator will make an estimate a written request to the other party to negotiate once a month, in writing, of the quantity of work a revised unit price for that portion of the Work performed. The first estimate will be the quantity of the performed and/or material supplied. The ' work performed since the Contractor commenced the negotiation shall be carried out as soon as Contract, and every subsequent estimate, except the reasonably possible. Arty revision of the unit final one, will be of the quantity of work performed price shall be based on the actual cost of since the preceding estimate was made. The Contract performing the Work and/or supplying the ' Administrator will provide the copy of each estimate to material under the tender item plus a the Contractor within 10 days of the Cut-Off Date. reasonable allowance for profit and applicable overhead. _Alternatively, where both parties ' 02) Such quantities for-progress payments:shall.be: agree, an allowance equal to 10% of the unit - construed and held to be approximate. The final price on the amount of the underrun which is quantities for the Issuance of the Completion Payment less.than .85% of the tender.quantity will be Certificate shall be based on the measurement of the paid. ' work completed. GC8.02 Payment 03) Measurement of the quantities of the work will be ' either by Actual Field Measurement or by Plan Quantity GC8.02.01 Price for Work principles as indicated in the Contract. Adjustments to Plan Quantity measurements will normally be made 01) Prices for the Work shall be full compensation using Plan Quantity principles but may, where for all labour, Equipment and Material.required in its appropriate, be made using Actual Field performance. The term 'all labour, Equipment and Measurements. Material'shall include Hand Tools, supplies and other incidentals. Y ' GC8.01.02 Variations In Tender Quantities 02) Payment for work not specifically detailed as part of any one item and without specified details of -- 01) . Where it appears that the quantity of work to be payment will be deemed to be included in the Rem(s) done and/or Material to be supplied by the Contractor with which it is associated. under a unit price tender item will exceed or be less than the tender quantity,the Contractor shall proceed GC8.02.02 Advance Payments for Material to do the work and/or supply the material required to ' complete the tender item and payment will be made for 01) The Owner will.make..advance payments for the actual amount of work done and/or materials material-intended.for incorporation In-.the Work upon supplied at the unit prices stated in the tender except the written.request of the Contractor and according to as provided below: the following.terms and conditions: :- ' (a) The Contractor shall, in advance of receipt of (a) In the case of a Major Item where the amount of the shipment of the material, arrange for ' work performed and/or material supplied by the adequate and proper storage facilities and Contractor exceeds the tender quantity by more notify the Contract Administrator of their than 15%,either party to the Contract may make location(s). •written request to the other party to negotiate • revised unit price for that portion of the Work (b) The value of aggregates, processed and performed and/or material supplied which stockpiled, shall be assessed by the following exceeds 115% of the tender quantity. The procedure: negotiation shall be carried out as soon as reasonably possible. Any revision of the unit (i) Sources Other Than Commercial price shall be based on the actual cost of doing the work and/or supplying the material under the (A) Granular'A', 'B' and 'M'shall be tender item plus a reasonable allowance for assessed at the rate-of 60% of profit and applicable overhead. the contract price. OPS General Conditions of Contract 1 (B) Coarse and fine aggregates for hot mix GC8.01.01, Quantities. asphaltic concrete, surface treatment and Portland cement concrete shall be 02) The progress Payment Certificate will show assessed at the rate of 25% of the contract price for each aggregate (a) the quantities of work performed; ' stockpiled. (b) the value of work performed; (if) Commercial Sources (c) the amount of statutory holdback,liens,owners , Payment for separated coarse and fine set-off; and aggregates will be considered, at the above rate, when such materials are (d) the amount due the Contractor. stockpiled at a commercial source where ' further processing is to be carried out 03) One copy of the progress Payment Certificate before incorporating such materials into a will be sent to the Contractor. final product. Advance payments for ' other materials located at a commercial 04) Payment will be made within 30 days of the Cut- source will not be made. off Date. (c) Payment for all other materials,unless otherwise specified elsewhere in the Contract, shall be GC8.02.03.02 Certification of Subcontract , based on the invoice price, and the Contractor Completion shall submit proof of cost to the Contract Administrator before payment can be made by •01) Before the Work has reached the stage of ' the Owner. substantial performance,the Contractor may notify the Contract Administrator, in writing that a subcontract is (d) The payment for all materials shall be prorated completed satisfactorily and ask that the Contract against the appropriate tender item by paying for Administrator certify the completion of the subcontract. ' sufficient units of the item to cover the value of the material. Such payment shall not exceed 02) The Contract Administrator will issue a 80%of the Contract price for the item. Certificate of Subcontract Completion If the subcontract , has been completed satisfactorily, and all required (e) All materials for which the Contractor wishes to inspection and testing of the works covered by the receive advance payment shall be placed in the subcontract have been carried out and the results are designated storage location immediately upon satisfactory. ' receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as 03) Within 7 days of the date the subcontract is collateral security for any monies advanced by certified complete the Contract Administratgr will give the.,Owner and for the due completion of the a copy of the Certificate to the Contractor and to the ' Work The Contractor shall not exercise any act Subcontractor concemed. of ownership inconsistent with such security,or remove any material from the storage locations, except for inclusion in the Work, without the GC8.0203.03 Subcontract Statutory Holdback ' consent,in writing,of the Contract Administrator. Release Certificate and Payment (f) Such materials shall remain at the risk of the 01) Following receipt of the Certificate of Contractor who shall be responsible for any Subcontract Completion, the Owner will release and loss,damage,theft,improper use or destruction pay the Contractor the statutory holdback retained in of the material however caused. respect of the subcontract. Such release shall be made after 45 days from the date the subcontract was ' certified complete and providing the Contractor GC8.02.03 Certification and Payment submits the following to the Contract Administrator. GC8.02.03.01 Progress Payment Certificate (a) a document satisfactory to the Contract 01) The value of the work performed and material Administrator that will release the Owner from supplied will be calculated once a month by the all further claims relating to the subcontract, Contract Administrator in accordance with the Contract qualified by stated exceptions such as Documents and the quantities described in ctause holdback monies; OPS General Conditions of Contract 31 ' (b) evidence satisfactory to the Contract GC8.02.03.05, Substantial Performance Payment and Administrator that the Subcontractor has Statutory Holdback Release Payment Certificates,shall discharged all incurred liabilities in carrying out commence from the date of publication of the the subcontract; Certificate of Substantial Performance as provided for above. (c) a satisfactory clearance certificate or letter from ' the Workers'Compensation Board relating to the GC8.0203.05 Substantial Performance subcontract; and Payment and Statutory Holdback Release Payment Certificates (d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory 01) When the Contract Administrator issues the statement showing the total amount due the Certificate of Substantial Performance the Contract Subcontractor from the Contractor. Administrator will also issue the Substantial Performance Payment Certificate and the Substantial 02) Paragraph(d)will only apply to Lump Sum items Performance Statutory Holdback Release Payment and then only when the Contract Administrator Certificate or where appropriate, a combined payment specifically requests ft. certificate. ' 03) Upon receipt=of-the-statutory-holdback, the 02) The Substantial- Performance- -Payment Contractor shall forthwith give the Subcontractor the Certificate will show ' payment due-under the subcontract. (a) the value of work performed to the date of 04) Release of statutory holdback by the Owner in Substantial Performance; respect of a subcontract shall not relieve the ' Contractor, or the Contractor's Surety. of any of their (b) the value of outstanding or incomplete work; responsibilities. (c) the amount of the statutory holdback, allowing GC802.03.04 Certification of Substantial for any previous releases of statutory holdback Performance to the Contractor in respect of completed subcontracts and deliveries of pre-selected 01) Upon application by the Contractor and where equipment; �► the Contract has been substantially performed the ' Contract Administrator will issue a Certificate of (d) the amount of maintenance secu(ty required; Substantial Performance. and 02) The Contract Administrator will set out in the (e) the amount due the Contractor. Certificate of Substantial Performance the date on which the Contract was substantially performed and 03) The Substantial Performance Statutory within 7 days after signing the said certificate the Holdback Release Payment Certificate will be a ' Contract Administrator will provide a copy to the payment certificate .releasing to..the Contractor the Contractor. statutory holdback due in-respect of work performed up to the date of substantial performance. Payment of 03) Upon receipt of-a copy of:the Certificate of .such statutory=holdbacks.shall=be.-made after 45-days ' Substantial Performance,.the Contractor shall forthwith, from the date of publication of the Certificate of as required by Section 32(1) Paragraph 5 of-the Substantial Performance but subject to the provisions Construction Uen Act, publish a copy of the certificate of the Construction Uen Act and the submission by the in a construction trade newspaper. Such publication Contractor of the following documents: shall include placement in the Daily Commercial News. (a) a release by the Contractor in a form 04) Where the Contractor fails to publish a copy of satisfactory to the Contract Administrator ' the Certificate of Substantial Performance as required releasing the Owner from all further claims above within 7 days after receiving a copy of the relating to the Contract, qualified by stated certificate signed by the Contract Administrator, the exceptions such as outstanding work or matters Owner may publish a copy of the certificate at the arising out of subsection GC3.14, Claims, Contractor's expense. Negotiations, Disputes; 05) Except as otherwise provided for in Section 31 (b) a statutory declaration in a form satisfactory to of the Construction Lien Act, the 45-day lien period the Contract Administrator that all liabilities prior to the release of holdback as referred to in clause incurred by the Contractor and the Contractor's OPS General Conditions of Contract 32 ' Subcontractors in carrying out the Contract have (b) a statutory declaration in a form satisfactory to ' been discharged except for statutory holdbacks the Contract Administrator that all liabilities properly retained; incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract (c) a satisfactory Certificate of Clearance from the have been discharged, qualified by stated ' Workers' Compensation Board; and exceptions where appropriate; and (d) proof of publication of the Certificate of (c) a satisfactory Certificate of Clearance from the Substantial Performance. Workers' Compensation Board. ' GC8.02.03.06 Certification of Completion GC8.02-03.08 Interest 01) Upon application by the Contractor, and when 01) Interest due the Contractor is based on simple ' the Contract reaches Completion, the Contract interest and is calculated using the applicable Rates of Administrator will issue a Completion Certificate. Interest. 02) The Contract Administrator..will.,set:out-..in.-the GC8.0203.09 Interest for Late Payment Completion the date on which the Work was completed"--and within 7 days of signing the said 01) .When the Contractor has complied with the certificate the Contract Administrator will provide a requirements of the Contract and when payment by the copy to the Contractor. Owner to the Contractor for work performed, or for release of statutory holdback,is delayed by the Owner, GC8.02.03.07 Completion Payment and then the Contractor shall be entitled to payment for Statutory Holdback Release Work performed at the Rate(s) of Interest from a date ' Payment Certificates or dates derived from the following: 01) When the Contract Administrator issues the ' Completion Certificate, the Contract Administrator will (a) Progress Payment: a date 30 days after the also issue the Completion Payment Certificate and the Cut-off Date; Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate. (b) Subcontract Completion and Subcontract ' Statutory Holdback: a date 75 days after the 02) The Completion Payment Certificate will show date the subcontract is certified complete; (a) measurement and value of work at completion; (c) Substantial Performance and Statutory Holdback: a date 75 days after the date the (b) the amount of the further statutory holdback Certificate of Substantial Performance is based on the value of further work completed published; ' over-and above the value of work completed shown in the Substantial Performance Payment (d) Completion and Holdback: a date 75 days Certificate referred to above; and after the date the Contract is certified complete. (c) the amount due the Contractor. GC8.0203.10 Interest for Negotiations and ' 03) The Completion Statutory Holdback Release Claims Payment Certificate will be a payment certificate 01) Except as hereinafter provided, where a notice ' releasing to the Contractor the further statutory of negotiation, notice of intent to claim and the holdback. Payment of such statutory holdback shall subsequent claims are submitted in accordance with be made after 45 days from the date of completion of the time limits and/or procedure described by the Work as established by the Completion Certificate subsection GC3.14,Negotiations,Claims,Disputes,the , but subject to the provisions of the Construction lien Owner will pay the Contractor the Rate(s)of Interest on Act and the submission by the Contractor of the the amount of the negotiated price for the work or on following documents: the amount of the settled claim. Such interest will not commence until 30 days after the satisfactory (a) a release by the Contractor in a form satisfactory completion of the work. to the Contract Administrator releasing the Owner from all further claims relating to the 02) Where the Contractor does not attempt to Contract, qualified by stated exceptions where resolve the negotiation or the claim, In an expeditious ) appropriate; manner. Interest shall be negotiable. OPS General Conditions of Contract 33 03 Where the Contractor fails to give notice a 'Cost of Material' means g t ce of the cost of material claim within the time limit prescribed by subsection purchased, or supplied from stock, and valued at ' GC3.14, Negotiations, Claims, Disputes, interest shalt current market prices, for the purpose of carrying out not be paid. extra work, by the Contractor,or by others when such arrangements have been made by the Contractor for 04) Where a Contractor fails to comply with the completing the Work, as shown by itemized invoices. ' 30-day time limit and the procedures prescribed by subsection GC3.14,Negotiations,Claims,Disputes,for 'Payroll Burden' means the payments in respect of submission of claims, interest shall not be paid for the Workers'compensation,vacation pay, unemployment delay period, insurance, public liability and property damage insurance, sickness and accident Insurance, pension fund and such other welfare and benefit payments GC8.02.03.11 Owners Set-off forming part of the Contractor's normal labour costs ' and shall include any cost or expense as the Contract 01) Pursuant to Section 12 of the Construction Lien Administrator may approve, which has been incurred Act 1983 - Set-off by Trustee, the Owner may retain by the Contractor for travel, travel time, food, lodging from monies owing to the Contractor under this or any or similar items. other contract an amount sufficient to cover any outstanding or dispyted.liabillties including.the:cost.to .:.,,Rented Equipment-means equipment-that Is,rented remedy deficiencies, the reduction in value of or leased for the special.purpose-of Work on a Time substandard portions of the Work,claims for damages and Material Basis from a person,firm or corporation ' by third parties which have not been determined in that is not an associate or affiliate of the lessee as writing by the Contractor's insurer, undetermined defined by the Securities Act, RSO 1980,Chapter 466, claims by the Owner under paragraph (a) of clause and is approved by the Contract Administrator. GC8.01.02, Variations In Tender Quantities, any ' assessment due the Workers' Compensation Board 'Operated Rented Equipment" means Rented and any monies to be paid to the workers in Equipment rented or leased for the special purpose of accordance with clause GC8.0206, Payment of Work on a Time and Material Basis for which an ' Workers. operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the 02) Under these circumstances the Owner will give operator. the Contractor appropriate notice of such action. ' 'Road Work' means the preparation, construction, GC8.02.03.12 Delay in Payment finishing and construction maintenance of roads, streets, highways and parking lots and includes all 01) The Owner shall not be deemed to be in default work incidental thereto other than work on structures. of the Contract provided any delay in payment does not exceed 30 days from the normal due date. "Sewer and Watermain Work" means the preparation, construction,finishing and construction maintenance of sewer systems and.watermain systems, and includes GC8.02.04 Payment on a Time and Material all work incidental thereto other than work on Basis structures. ' GC8.02-04.01 Definitions "Standby Time"means any period of time which is not considered working time and which together with the 01) For the purposes of this clause the following working time does not exceed 10 hours in any one ' definitions apply: working day and during which time a unit of equipment cannot practically be used on other work but must 'Cost of Labour' means the amount of wages, salary remain on the site in order to continue with its assigned and Payroll Burden paid or incurred directly by the task and during which time the unit is in fully operable ' Contractor to or in respect of labour and supervision condition. actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such 'Structure Work' means the construction, labour and supervision, but shall not include any reconstruction, repair, alteration, remodelling, ' payment or costs incurred for general supervision, renovation or demolition of any bridge,building,tunnel administration or management time spent on the entire or retaining wall and includes the preparation for and Work or any wages,salary or Payroll Burden for which the laying of the-foundation of any bridge, building, the Contractor is compensated by any payment made tunnel or retaining wall and the installation of by the Owner for equipment. equipment and appurtenances incidental thereto. OPS General Conditions of Contract 34 'The 127 Rate' means the rate for a unit of equipment used on each Time and Material project at 120%of the as listed in OPSS 127, Schedule of Rental Rates for Cost of the Material up to$3,000,then at 115% of any , Construction Equipment Including Model and portion of the Cost of Material in excess of$3,000. Specification Reference,which is current at the time the work Is carried out or for equipment which is not so GC8.02.04.06 Payment for Equipment ' listed, the rate which has been calculated by the Owner, using the same principles as used in GC8.02.04.06.01 Working Time determining the 127 Rates. 01) The Owner will pay the Contractor for the ' "Work on a Time and Material Basis' means Changes Working Time of all equipment other than Rented in the Work,Extra Work and Additional Work approved Equipment and Operated Rented Equipment used on by the Contract Administrator for payment on a time the Work on a Tme and Material basis at the 127 Rates and material basis. The Work on a Time and Material with a cost adjustment as follows: ' Basis shall be subject to all the terms, conditions, specifications and provisions of the Contract. (a) Cost$10,000 or less -no adjustment; "Working .Time* means .each:period of time during (b) Cost greater than $10,000 but not exceeding ' which a unit of equipment-is<actively-and of necessity,., $20,000 payment`$10;000 plus 90% `of the engaged on a specific operation and the first 2 hours portion in excess of$10,000; and of each immediately following period during which the ' unit is not so engaged but during which the operation (c) Cost greater than $20,000 -$19,000 plus 801. is otherwise proceeding and during which time the unit of the portion in excess of$20,000. cannot practically be transferred to other work but must remain on the site in order to continue with its assigned 02) The Owner will pay the Contractor for the tasks and during which time the unit is in a fully Working Time of Rented Equipment used on the Work operable condition. on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a ' Co Daily Work Records maximum of 110%of the 127 Rate. This constraint will be waived when the Contract Administrator approves 01) Daily Work Records prepared as he case may the invoice price prior to the use of the Rented be by either the Contractor's representative or the Equipment. Contract Administrator and reporting the labour and ' equipment employed and the material used on each 03) The Owner will pay the Contractor for the Time and Material project, shall be reconciled and Working Time of Operated Rented Equipment use on signed each day by both the Contractor's the Work on a Time and Material Basis at 110%of the representative and the Contract Administrator.' Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the GC8.0204.03 Payment for Work equipment on the work on a Time and Material Basis. 01) Payment as herein provided shall be full compensation for all labour, Equipment and Material to GC8.02.04.06.02 Standby Tune do the work.on a Time and Material basis except where there Is agreement to the contrary. prior to the 01) The Owner will pay the Contractor for Standby ' commencement of the work on a Time and Material Time of Equipment at 35% of the 127 Rate or 35% of basis. The payment adjustments shall apply to each the invoice price whichever is appropriate. The Owner individual Change Order authorized by the Contract will pay reasonable costs for Rented Equipment where ' Administrator. this is necessarily retained in the Work Area for extended periods agreed to by the Contract 0.0204.04 Payment for Labour Administrator. This will include Rented Equipment 01) The Owner will pay the Contractor for tabour intended for use on other work,but has been idled due ' to the circumstances giving rise to the Work on a Time employed on each Time and Material project at 135% and Material Basis of the Cost of Labour up to$3000,then at 120%of any portion of the.Cost.of Labour in excess of$3000: 02) In addition,the Owner will include'the Cost of , Labour of operators or associated labourers who cannot be otherwise employed during the standby GC8-0204.05 Payment for Material period or during the period of Idleness caused by the circumstances giving rise to the Work on a Time and ) 01) The Owner will pay the Contractor for material Material Basis J �OPS General Conditions of Contract 35 03 The Contract Administrator may require Rented Work. Equipment idled by the circumstances giving rise to ' the Work on Time and Material Basis to be returned to 02) Separate summaries shall be completed by the the Lessor until the work requiring the equipment can Contractor according to the standard form'Summary be resumed. The Owner will pay such costs as result for Payment of Accounts on a Time and Material directly from such return. Basis'. Each summary shall include the order number ' and covering dates of the work and shall itemize 04) When equipment is transported, solely for the separately labour, materials and equipment. Invoices purpose of the Work on a Time and Material Basis,to for materials, Rented Equipment and other charges ' or from the Working Area on a Time and Material incurred by the Contractor on the Work on a Time and Basis, payment will be made by the Owner only in Material Basis shall be included with each summary. iespect of the transporting units. When equipment is,, moved under its own power it shall be deemed to be 03) Each month the Contract Administrator will ' working. The method of moving equipment and the include with the monthly progress payment certificate, rates shall be subject to the approval of the Contract the costs of the Work on a Time and Material Basis Administrator. incurred during the preceding month all in accordance with the contract administrative procedures and the ' Contractor's invoice of the Work on a Time and GC8.02.04.(Y7 Payment for Hand Tools Material Basis. 01) Notwithstanding any other provision of this 04) The final"Summary for Payment of Accounts on ' Section, no payment shall be made to the Contractor a Time and Material Basis` shall be submitted by the for or in respect of hand tools or equipment that are Contractor within 60 days after the completion of the tools of the trade. work on a Time an Material Basis. ' GC8.0204.08 Payment for Work By Subcontractors GC8.02.05 Final Acceptance Certificate ' 01) Where the Contractor arranges for work on a 01) After the acceptance of the Work the Contract Time and Material Basis, or a part of it, to be Administrator will issue the Final Acceptance Certificate, performed by Subcontractors on a Time and Material or, where applicable, after the Warranty Period has :. Basis and has received approval prior to the expired. The Final Acceptance Certificate will not be ' commencement of the work, in accordance with the issued until all known deficiencies have been adjusted requirements of subsection GC3.10,Subcontracting by or corrected, as the case may be, and the Contractor the Contractor,the Owner will pay the cost of_work on has discharged all obligations under the Contract. ' a Time and Material Basis by the Subcontractor calculated as if the Contractor had done the work on a GC8.0206 Payment of Workers Time and Material Basis, plus a markup calculated on the following basis: 01) The Contractor shall, in addition to any fringe ' benefits, pay the workers employed on the Work in (a) 20% of the first$3,000; plus accordance with the labour conditions set out in the Contract and at intervals of not less than twice a (b) 15%of the amount from$3,000 to$10,000; plus month. ' (c) 5% of the amount in excess of$10,000. 02) The Contractor shall require each Subcontractor doing any part of the Work to pay the workers ' 02) No further markup will be applied regardless of employed by the Subcontractor on the Work in the extent to which the work is assigned or sublet to accordance with this clause. others. If work is assigned or sublet to an associate, as defined by the Securities Act, RSO 1980, Chapter 03) Where any person employed by the Contractor ' 466, no markup whatsoever will be applied. or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract, the Owner may set off monies in GC8.022.04.09 Submission of Invoices accordance with clause GC8.02.03.11,Owner's Set-off. i01) At the start of the work on a Time and Material Basis, the Contractor shall provide the applicable GC8.02.07 Records labour and equipment rates not already submitted to the Contract Administrator during the course of the 01) The Contractor shall maintain and keep 1 OPS General Conditions of Contract 36 accurate Records relating to the Work,Changes in the fuels, materials and services, except for refundable Work, Extra Work and claims arising therefrom. Such taxes and duties, shall be included in the Contract ' Records shall be of sufficient detail to support the total price. cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such original ' Records until 12 months after the Final Acceptance 02) The Contractor shall pay all taxes, customs Certificate is issued or until all claims have been duties, and excise taxes on all fuels and materials with settled, whichever is longer. The Contractor shall respect to the Contract. Where applicable, the require that Subcontractors employed by the Contractor shall apply for any refunds of taxes and , Contractor preserve all original Records pertaining to duties to the appropriate tax levying authority. the Work,changes in the work, Extra Work and claims arising therefrom for-a similar period of time. 03) Any increase or decrease in costs of materials , 02) If, in the opinion of the Contract Administrator, and fuels incorporated into the Work due to changes Daily Work Records are required, such records shall in such taxes and duties after the date of the tender report the labour and equipment employed and the closing shall increase or decrease the Contract-price material used on any specific portion of the Work. The accordingly. Both parties to the Contract-shall assist , Daily Work Records shall be reconciled with and . the other in applying for refunds,where appropriate,by signed by the Contractor's representative each day. providing receipts, records or other help. 03) The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and Changes in the Work at any time during the period of the Contract In accordance with paragraph 01) of GC8.02.09 Liquidated Damages ' this clause.The Contractor shall supply certified copies of any part of his Records required whenever requested by the Owner. 01) When liquidated damages are specified in the Contract and the Contractor fails to complete the Work t GC8.0208 Taxes and Duties in accordance with the Contract, the Contractor shall pay such amounts as are specified in the Contract 01) Taxes, customs duties and excise taxes on all Documents. t t OPS General Conditions of Contract