HomeMy WebLinkAbout2003-132
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003-132
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Elirpa
Construction and Materials LId, of Pickering, Ontario, to enter
into agreement for the Bowmanville Creek Valley Recreational
Trail.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1, THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Elirpa Construction and Materials LId, , of Pickering, Ontario,
and said Corporation; and
2, THAT the contract attached hereto as Schedule "A" form part of this By-law,
By-law read a first and second time this 1St8ay of Sept,e~03.
15th September
By-law read a third time and finally passed this day of 2003
~~.
John Mayo( j- _ ,_
Leading t)ze Way
Municipality of Clarington
EXECUTED CONTRACT
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engineers
architects
planners
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
BOWMANVILLE CREEK VALLEY
RECREATIONAL TRAIL
CONTRACT NO. CL2003-23
July 2003
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PH
architects
planners
TSH No. 12-29269
AGREEMENT
THIS AGREEMENT made in quadruplicate this 22nd day of August 2003
BETWEEN: ELIRPA CONSTRUCTION & MATERIALS LIMITED
of the Regional Municipality of Durham and Province of Ontario
hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
- and-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Purchaser"
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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
Contract No. CL2003-23, Bowmanville Creek Valley Recreational Trail, Municipality of Clarington
A. TENDER FORM: General Pages 1 and 2
Itemized Bid Pages 3 to 4
Bonds
Agreement to Bond Page 5
Schedule of Tender Data Page 6
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages 1 to 5
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 9
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 3
F. STANDARDS
G. PLANS: Drawings No. 1 - 6
H. 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 206 Nov. 2000 405 Feb. 1990 510 Oct. 1993
128 Current 310 Mar. 1993 408 Nov. 2001 570 Aug. 1990
201 Feb. 1996 314 Dec. 1993 421 Apr. 1999 572 Nov. 2001
577 Feb. 1996
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I. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
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 Friday October 24, 2003.
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.
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 )
) DATED
DATED
SIGNED and sealed by the Purchaser
John Mutton,
Mayor
DADA D�
)
in the presence of ) DATED
�-�v
err e, Clerk DATED
P/29269/Specs/SigningDocs-Agr.doe
Page 3 of 3
PROJECT: TENDER FOR CONTRACT NO. CL2003-23
BOWMANVILLE CREEK VALLEY
RECREATIONAL TRAIL
AUTHORITY: THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
CONTRACT ADMINISTRATOR: TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
TENDERER: ELIRPA CONSTRUCTION & MATERIALS LIMITED
Name
P.O. Box 187 2890 Brock Road
PICKERING Ontario. L1V 2R4
Address (include Postal Code)
PH: 905-683-6517 FAX: 905-683-6381
Telephone and Fax Numbers
Michael Aprile
Name of Person Signing
President
Position of Person Signing
TENDERS RECEIVED BY: Mrs. Pattie Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
BOWMANVILLE, Ontario. L1C 3A6
P/29269/Specs/1978 1-TF-Signing.doc
Page 1 of 6 pages
ITEMIZED BID CONTRACT NO. CL2003-23
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No.CL2003-23 for the following unit prices.
Spec. No. - The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
SP - Refers to Special Provisions
(P) - Plan Quantity Payment Item
Item No. Spec No: Description Unit : Quantity Unit Price Total
PART A: SOUTH END OF PARKING LOT TO SPRY AVENUE
1 201 Clearing and Grubbing m2 250 98.56 24,640.00
SP
2 201, 510 Site Preparation LS 7,700.00 7,700.00
SP
3 206 Earth Excavation m3 575 15.42 8,866.50
SP (P)
4 310 Hot Mix H.L. - 3F (60 mm) t 600 82.50 49,500.00
SP
5 314 Granular 'A' t 175 18.22 3,188.50
SP (Type 1, Trail Construction,
Leveling Course)
6 314 Granular 'A' t 1,350 18.22 24,597.00
SP (Type 2, Trail Construction)
7 314 Granular 'A' t 80 18.22 1,457.60
SP (Type 3, Trail Construction)
8 314 19 mm Crushed Stone (Type 2, t 150 23.17 3,475.50
SP Trail Construction, Wet Condition)
9 511 Non-Woven Geotextile (Terrafix m2 500 3.37 1,685.00
SP 360R)
10 421 450 mm C.S.P. Culvert m 8.5 142.63 1,212.36
SP
11 421 1630 x 1120 C.S.P.A. Culvert (3.5 m 9.4 753.55 7,083.37
SP mm thick)
12 405 150 mm Perforated Subdrain c/w m 50 10.32 516.00
SP Geotextile
13 577 Provisional Item m2 250 12.00 3,000.00
Silt Fence (as per O.P.S.D.
219.110)
14 SP Black Willows (25 cm Caliper) ea 8 154.00 Deleted
15 SP Red Osier Dogwood (50 cm height) ea 8 110.00 Deleted
16 SP New England Aster (Rhizome ea 8 110.00 Deleted
Tubers)
Page 3 of 6 pages
SCHEDULE OF TENDER DATA CONTRACT NO. CL2003-23
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General Pages 1 and 2
Itemized Bid Pages 3 to 4
Agreement to Bond Page 5
Schedule of Tender Data Page 6
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages 1 to 5
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 9
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 3
F. STANDARDS
G. PLANS: Drawings No. 1 - 6
H. 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 206 Nov. 2000 405 Feb. 1990 510 Oct. 1993
128 Current 310 Mar. 1993 408 Nov. 2001 570 Aug. 1990
201 Feb. 1996 314 Dec. 1993 421 Apr. 1999 572 Nov. 2001
577 Feb. 1996
I. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes X No
By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and
Specifications, for Contract No. CL2003-23, executed by me/us bearing date the 8th day of August, 2003 and
we have fully read all related documents to tender data as listed above.
SIGNATURE -- �.
POSITION PRESIDENT
(COMPANY SEAL)
NAME OF FIRM ELIRPA CONSTRUCTION & MATERIALS LIMITED_
This is Page 6 of 6 Pages to be submitted as the Tender Submission for Contract No. CL2003-23.
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-23
STANDARD TERMS AND CONDITIONS
P/29269/Specs/t 9786.ST&C.doc
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STANDARD TERMS AND CONDITIONS
The Municipality of Clarington's"Standard Terms and Conditions"shall apply to this Contract except where
noted below.
• Clause 8 of the"Standard Terms and Conditions"shall be superceded by Clause 7—"Payments"of
the"Special Provisions—General"Section of the Contract.
• Clause 15 of the"Standard Terms and Conditions" shall be superceded by Clause 1—
"Guaranteed Maintenance" of the"Special Provisions—General" Section of the Contract.
• Clause 16 of the"Standard Terms and Conditions" is not applicable to this Contract.
• Clause 23 of the"Standard Terms and Conditions" shall be superceded by Clause 6.03.02 of the
OPS General Conditions of Contract(September 1999)which requires a$5,000,000.00 liability
coverage.
• Clause 26 of the"Standard Terms and Conditions" shall be superceded by Clause 16—
"Workplace Hazardous Materials Information System (WHMIS)", the Municipalilty of Clarington's
"Contractor Safety" Documents (5 pages)
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STANDARD TERMS AND CONDITIONS
1. DEFINITIONS
Municipality-The Corporation of the Municipality of Clarington, its successors and assigns.
Bidder-The person, firm or corporation submitting a bid to the Municipality.
Company - The person, contractor, firm or corporation to whom the Municipality has awarded the
contract, it successors and assigns.
Contract - The purchase order authorizing the company to perform the work, purchase order
alterations, the document and addenda, the bid, and surety.
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Subcontractor-A person, firm or corporation having a contract with the company for, or any part of,
the work.
Document - The document(s) issued by the Municipality in response to which bids are invited to
perform the work in accordance with the specifications contained in the document.
Bid-An offer by a Bidder in response to the document issued by the Municipality.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be
done, furnished or performed by the company,which are subject to the Contract.
2. SUBMISSION OF BID
Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 j
and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for
evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law.
The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, i.e. courier
envelopes or other coverings.
The bid must be signed by a designated signing officer of the Bidder.
If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing
must be initialled by the Bidder's authorized signing officer.
The bid must not be restricted by a covering letter, a statement added, or by alterations to the
document unless otherwise provided herein.
Failure to return the document or invitation may result in the removal of the Bidder from the
Municipality's bidder's list.
A bid received after the closing date and time will not be considered and will be returned, unopened.
Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning,
intent or ambiguity,the decision of the Municipality shall be final.
3. CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are named above,
notwithstanding the chronological order in which they are issued or executed.
The intent of the contract is that the Company shall supply work which is fit and suitable for the
Municipality's intended use and complete for a particular purpose.
None of the conditions contained in the Bidder's standard or general conditions of sale shall be of
any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase
order.
4. CLARIFICATION OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shall be
requested through the Municipality's contact identified in the document. Any such clarification so
given shall not in any way alter the document and in no case shall oral arrangements be considered.
Every notice, advice or other communication pertaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5. PROOF OF ABILITY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date.
6. DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by
the Company as soon as possible and in any event within the period set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of
the delivery ticket or piece tally therefor.
Work shall be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shall be as specified in
the contract.
Time shall be of the essence of the contract.
7. PRICING
Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be firm for the duration of the contract.
Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to
the full requirements of the bid. No claims for extra work will be entertained and any additional work
must be authorized in writing prior to commencement. Should the Company require more
information or clarification on any point, it must be obtained prior to the submission of the bid.
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Payment shall be full compensation for all costs related to the work, including operating and
overhead costs to provide work to the satisfaction of the Municipality.
All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other
charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax
shall be extra and not shown, unless otherwise specified herein.
If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall
arrange its shipping procedures so that its agent or representative in Canada is the importer of
record for customs purposes.
Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of
Canada or the Province of Ontario become directly applicable to work specified in this document
subsequent to its submission by the Bidder and before the delivery of the work covered thereby
pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the
price of work shall be made to compensate for such changes as of the effective date thereof.
8. TERMS OF PAYMENT
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Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work.
Payments made hereunder, including final payment shall not relieve the company from its obligations
or liabilities under the contract.
Acceptance by the company of the final payment shall constitute a waiver of claims by the company
against the Municipality, except those previously made in writing in accordance with the contract and
still unsettled.
The Municipality shall have the right to withhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction
of it. E
Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract
requirements being completed and work being deemed satisfactory.
9. PATENTS AND COPYRIGHTS
The company shall, at its expense, defend all claims, actions or proceedings against the Municipality
based on any allegations that the work or any part of the work constitutes an infringement of any
patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages,
charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned
to the Municipality by reason thereof.
The company shall pay all royalties and patent license fees required for the work.
If the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forthwith either secure for the Municipality the right to continue using the work or shall
at the company's expense, replace the infringing work with non-infringing work or modify it so that
the work no longer infringes.
10. ALTERNATES
Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be
final. Any bid proposing an alternate will not be considered unless otherwise specified herein.
11. EQUIVALENCY
Any opinion determined by the Municipality with respect to equivalency shall be final
12. ASSIGNMENT AND SUBCONTRACTING
The company shall not assign or subcontract the contract or any portion thereof without the prior
written consent of the Municipality.
13. FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to request of the Company to furnish reasonable evidence that financial
arrangements have been made to fulfill the Municipality's obligations under the Contract.
14. LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and its performance. The company shall be responsible for ensuring
similar compliance by suppliers and subcontractors.
The contract shall be governed by and interpreted in accordance with the laws of the Province of
Ontario.
15. CORRECTION OF DEFECTS
If at any time prior to one year after the actual delivery date or completion of the work (or specified
warranty/guarantee period if longer than one year) any part of the work becomes defective or is
deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the
requirements of the contract, the company, upon request, shall make good every such defect,
deficiency or failure without cost to the Municipality. The company shall pay all transportation costs
for work both ways between the company's factory or repair depot and the point of use.
16. BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive irregularities and omissions,
if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the
Municipality for its decision in this regard.
Bids shall be irrevocable for 90 days after the official closing time.
The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award
to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to
the extent described in the notice of award.
17. DEFAULT BY COMPANY
a. If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its
insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of its creditors; then, in any such case, the Municipality may,
without notice: terminate the contract.
b. If the company: fails to comply with any request, instruction or order of the Municipality; or
fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations,
by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work
with skill and diligence; or assigns or sublets the contract or any portion thereof without the
Municipality's prior written consent; or refuses to correct defective work; or is otherwise in
default in carrying out its part of any of the terms, conditions and obligations of the contract,
then, in any such case, the Municipality may, upon expiration of ten days from the date of
written notice to the company, terminate the contract.
C. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to
any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto.
d. If the Municipality terminates the contract, it is entitled to:
i) take possession of all work in progress, materials and construction equipment then
at the project site(at no additional charge for the retention or use of the construction
equipment), and finish the work by whatever means the Municipality may deem
appropriate under the circumstances;
ii) withhold any further payments to the company until the completion of the work and
the expiry of all obligations under the Correction of Defects section;
iii) recover from the company loss, damage and expense incurred by the Municipality
by reason of the company's default (which may be deducted from any monies due
or becoming due to the company, any balance to be paid by the company to the
Municipality).
18. CONTRACT CANCELLATION
The Municipality shall have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation,
the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to
the Company for loss of anticipated profit on the cancelled portion or portions of the work.
19. QUANTITIES
Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be
accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis
for comparison only.
Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the
Municipality.
20. SAMPLES
Upon request, samples must be submitted strictly in accordance with instructions. If samples are
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requested subsequent to opening of bids, they shall be delivered within three (3) working days
following such request, unless additional time is granted. Samples must be submitted free of charge
and will be returned at the bidders expense, upon request, provided they have not been destroyed
by tests, or are not required for comparison purposes.
The acceptance of samples by the Municipality shall be at its sole discretion and any such
acceptance shall in no way be construed to imply relief of the company from its obligations under the
contract.
Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable.
21. SURETY
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to
satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or
money order or other form of surety, in an amount determined by the Municipality. This surety may
be held by the Municipality until 60 days after the day on which all work covered by the contract has
been completed and accepted. The surety may be returned before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out
the work have expired or have been satisfied and that a Certificate of Clearance from the Workers'
Compensation Board has been received.
The company shall, if the Municipality in its absolute discretion so desires, be required to satisfy
fidelity bonding requirements by providing such bonding in an amount and form determined by the
Municipality.
Failure to furnish required surety within two weeks from date of request thereof by the Municipality
shall make the award of the Contract by the Municipality subject to withdrawal.
22. WORKPLACE SAFETY AND INSURANCE BOARD
All of the Company's personnel must be covered by the insurance plan under the Workplace Safety
and Insurance Act, 1997. Upon request by the Municipality, an original Letter of Good Standing for
the Workplace Safety and Insurance Board shall be provided prior to the commencement of Work
indicating all payments by the Company to the Board have been made. Prior to final payment, a
Certificate of Clearance must be issued indicating all payments by the Company to the Board in
conjunction with the subject Contract have been made and that the Municipality will not be liable to
the Board for future payments in connection with the Company's fulfilment of the contract. Further
Certificates of Clearance or other types of certificates shall be provided upon request.
23. INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance including
premises and all operations. This insurance coverage shall be subject to limits of not less than
$2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such
other coverage or amount as may be requested.
The policy shall include the Municipality as an additional insured in respect of all operations
performed by or on behalf of the Company. A certified copy of such policy or certificate shall be
provided to the respective participant prior to commencement of the work. Further certified copies
shall be provided upon request.
24. LIABILITY
The company agrees to defend, fully indemnify and save harmless the Municipality from all actions,
suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury
including death to any person and all damage to any property which may arise directly or indirectly
by reason of a requirement of the contract, save and except for damage caused by the negligence of
the Municipality or its employees.
The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality
or any of its employees shall be made a party to any charge under the Occupational Health and
Safety Act in relation to any violation of the Act arising out of this contract.
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25. VISITING THE SITE
The Company shall carefully examine the site and existing building and services affecting the proper
execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions.
No claim for extra payment will be allowed for work or difficulties encountered due to conditions of
the site which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respect.
26. SAFETY
The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations,
Orders-in-Council and By-laws,which could in any way pertain to the work outlined in the Contract or
to the Employees of the Company. Without limiting the generality of the foregoing, the Company
shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and
Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or
arising out of the performance of the Company's obligations under this Contract.
The Company shall be aware of and conform to all governing regulations including those established
by the Municipality relating to employee health and safety. The Company shall keep employees and
subcontractors informed of such regulations.
The Company shall provide Material Safety Data Sheets(MSDS)to the Municipality for any supplied
Hazardous Materials.
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27. UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating
to the work. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
28. SUSPENSION OF WORK
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The Municipality may, without invalidating the contract, suspend performance by the company from
time to time of any part or all of the work for such reasonable period of time as the Municipality may
determine.
The resumption and completion of work after the suspension shall be governed by the schedule
established by the Municipality.
29. CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
30. CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell goods or services to the Municipality
in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a
Company or own a Company which sells goods or services to the Municipality.
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-23
INSTRUCTIONS TO TENDERERS
P/29269/Specs/19782-IT.doc
INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-23
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........................................................................................2
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/CONTRACTADMINISTRATOR...4
16. ADDENDA............................................................................................................4
17. UTILITIES.............................................................................................................
18. TENDER OPENING MEETING..................................................................................5
PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-23
1. GENERAL
SEALED Tenders plainly marked "Contract No. CL2003-23 " will be received until:
2:00:00 P.M., Local Time, Friday, August 8, 2003
and shall be addressed to: Mrs. Patti Barrie, Clerk
The Municipality of Clarington
Municipal Building, 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 in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
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Total Tender Amount Minimum Deposit
Required=
$ 20,000.00 or less $1,000.00
20,000.01 to 50,000.00 2,000.00
50,000.01 to 100,000.00 5,000.00
100,000.01 to 250,000.00 10,000.00
250,000.01 to 500,000.00 25,000.00
500,000.01 to 1,000,000.00 50,000.00
1,000,000.01 to 2,000,000.00 100,000.00
2,000,000.01 and over 200,000.00
All deposits will be returned within ten days after the Tenders have been opened except those
which the Authority elects to retain until the successful tenderer has executed the Contract
Documents.
The retained tender deposits will be returned when the successful Tenderer has fully complied
with the conditions outlined in the Contract Documents.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-23 2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material
Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to
guarantee his faithful performance of this Contract and his fulfillment of all obligations in
respect of maintenance and payment for labour and materials used on this work.
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Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
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An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
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5. RIGHT TO ACCEPT OR REJECT TENDERS
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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.
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Tenders will not be accepted unless submitted in the envelopes provided.
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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.
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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.
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8. PROVINCIAL SALES TAX
Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-23 3.
9. 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 south of Highway No. 2 in Bowmanville and west of Bowmanville Creek,
Municipality of Clarington.
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.
The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works,
determine the location of any buried or obstructing services and make satisfactory arrangements
for interference with such service with the proper jurisdictional agency.
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-23 4.
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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, TSH, Telephone: (905) 372-2121, attention: or
Ron Albright, P. Eng. or Roy Kempton, P.Eng.
15. DEFINITION OF OWNER/AUTHORITY AND
ENGINEER/CONTRACTADMINISTRATOR
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
Plans illustrating proposals for the relocation of utilities are available for inspection at the office
of the Contract Administrator.
For additional information regarding existing utilities the Contractor may contact the following
personnel:
Hydro One Enbridge Consumers Gas
Mr. Scott Goodhand/Mr. Jim Hisson Mr. Frank Cholewa
40 Olympic Drive 500 Elgin Mills Road
DUNDAS, Ontario L9H 7P5 RICHMOND HILL, Ontario. LAC 5G1
Telephone: (905) 623-1071 Telephone: 1-800-361-0621
Extension: 3335/3318 Extension: 2672
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2003-23 5.
Veridian Connections Rogers Cable T.V. Limited
Mr. Terence Butler, C.E.T. Ms. Cindy Ward
2849 Hwy. No. 2 301 Marwood Drive
BOWMANVILLE, Ontario. L1C 3K5 OSHAWA, Ontario. L1H 1J4
Telephone: (888) 420-0070 Telephone: (905) 436-4138
Bell Canada
Mr. Ralph Cameron
Implementation Manager
A.N. Provisioning
Mr. 2N, 55 Athol St. E.
OSHAWA, Ontario. L1H 1J8
Telephone: (905) 433-3632
18. TENDER OPENING MEETING
The tender opening meeting is scheduled to take place at 2:15:00 P.M. after the closing time
and date in Meeting Room No.1, Main Floor, 40 Temperance Street, Bowmanville, Ontario
and interested bidders are invited to attend.
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-23
SPECIAL PROVISIONS - GENERAL
P/29269/Specs/197 83-SPG.doc
INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2003-23
1. GUARANTEED MAINTENANCE............................................................................ 1
2. CONTRACT TIME AND LIQUIDATED DAMAGES...................................................1
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE...............................................2
4. OPS GENERAL CONDITIONS................................................................................2
5. LAYOUT.............................................................................................................2
6. RESTRICTIONS ON OPEN BURNING.....................................................................3
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7. PAYMENTS.........................................................................................................3
8. UTILITIES ..........................................................................................................3
9. HAUL ROADS......................................................................................................4
10. DUST CONTROL................................................................................................4
11. TRAFFIC CONTROL, FLAGGING........................................................................4
12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS..........................................5
13. EMERGENCY AND MAINTENANCE MEASURES ..................................................5
14. ENGINEERING FIELD OFFICE ...........................................................................6
15. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL......................................6
16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)...........6
17. SPILLS REPORTING..........................................................................................6
18. PROTECTION OF WATER QUALITY...................................................................7
19. DELIVERY OF TEST SAMPLES...........................................................................7
20. ENTRY ONTO PRIVATE PROPERTY...................................................................8
21. STORAGE AREAS..............................................................................................8
22. CONSTRUCTION LIEN ACT ...............................................................................8
23. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR..................................................................................................9
24 SCHEDULE (C) CONTRACTOR SAFETY - POLICY AND PROCEDURE
SPECIAL PROVISIONS- GENERAL
CONTRACT NO. CL2003-23 2.
(3) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract
is not completed by the date specified, or as extended in accordance with Section GC3.07 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 One thousand if
dollars ($1,000.00) as liquidated damages for each and every calendar day's delay in
achieving completion of the work beyond the date prescribed. It is agreed that this amount is
an estimate of the actual loss or damage to the Authority which will accrue during the period
in excess of the prescribed date for completion.
The Authority may deduct any amount under this paragraph from any moneys that may be
due or payable to the Contractor on any account whatsoever. The liquidated damages payable
under this paragraph are in addition to and without prejudice to any other remedy, action or
other alternative that may be available to the Authority.
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.01.09 is defined as an employee of the
Contractor.
4. OPS GENERAL CONDITIONS {
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as I
meaning the OPS General Conditions of Contract, September 1999.
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.
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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.
SPECIAL PROVISIONS- GENERAL
CONTRACT NO. CL2003-23 3.
6. RESTRICTIONS ON OPEN BURNING
Open fires will not be permitted within the limits of this Contract. Brush and debris may as an
alternative to burning, be disposed of outside the Contract Limits and in compliance with the
requirements specified elsewhere for Management and Disposal of Excess Material.
7. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the General Conditions.
Notwithstanding the provisions of the General Conditions respecting certification and payment,
the Authority may withhold 2-1/2 percent of the total value of work performed beyond the
expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to
enable the Contract Administrator to produce the final detailed statement of the value of all work
done and material furnished under the Contract. As a condition of holdback reduction from 10%
to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b)
and advertise the Certificate of Substantial Performance per GC8.02.03.04(03).
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.
8. 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.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-23 4.
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.
9. HAUL ROADS
When so required by the Contract Administrator, payment for maintenance and restoration of haul i
roads will be made for the materials provided and the work performed as specified, at tender
prices, or at negotiated prices.
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10. DUST CONTROL
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As a part of the work required under Section GC7.06 of the General Conditions, the Contractor
shall take such steps as may be required to prevent dust nuisance resulting from his operations
either within the right-of-way or elsewhere or by public traffic where it is the Contractor's
responsibility to maintain a roadway through the work.
Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and
grinders of the wet type shall be used together with sufficient water to prevent the incidence of
dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the
area where the work is being carried out.
The cost of all such preventative measures shall be borne by the Contractor except however
where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which
it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of
water and calcium chloride as are authorized by the Contract Administrator to restrict dust to
acceptable levels, shall be paid for by the Authority at the contract prices for Application of
Water or Application of Calcium Chloride.
11. 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
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2003-23 5.
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat.
12. 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:
Sign sign Message ,���z r 3�N r
TC-1 CONSTRUCTION 4
TC-41A CONSTRUCTION ZONE BEGINS 4
TC-41B CONSTRUCTION ZONE ENDS 4
Traffic controls shall be operational before work affecting traffic begins.
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
Authority will carry out the necessary repairs, the costs for which shall be charged to the
Contractor.
SPECIAL PROVISIONS- GENERAL
CONTRACT NO. CL2003-23 6.
14. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
15. 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.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800,
OPSF 1801, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of
excess material.
16. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
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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
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2003-23 7.
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. PROTECTION OF WATER QUALITY
At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres
from the watercourse. Where this measure is not sufficient or feasible to control sediment
entering the watercourses, sedimentation traps or geotextile coverage will be required.
If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
No machinery shall enter the creek bed of any watercourse. Movement of construction
equipment in the vicinity of any creeks shall be limited to the minimum required for construction.
The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits.
19. DELIVERY OF TEST SAMPLES
The Contractor shall include in his tender prices for the cost of delivery of asphalt samples to a
designated testing laboratory.
For this contract the designated testing laboratory is at 100 Scotia Court, Whitby, Ontario.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2003-23 8.
20. ENTRY ONTO PRIVATE PROPERTY
The Contractor shall not enter private property or property which is to be acquired to construct
the works without the prior consent of the Contract Administrator. This requirement will be
strictly enforced.
21. 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.
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22. 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.
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When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien,
the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable
legal fees therefore, all interest costs and expenses incurred by the Authority and an additional
sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such
remedy shall be in addition to any other remedy available to the Authority under the Contract
Documents.
Where any lien claimant asks from the Authority the production for inspection of the Contract
Documents or the state of the accounts between the Authority and the Contractor, the Contractor
shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made
as compensation for the preparation of such accounting or for the preparation of the Contract, or
both, as the case may be, and the Contractor acknowledges that such administrative fee shall be
properly deductible, if the Authority should so choose, from monies otherwise payable to the
Contractor under the terms of the Contract Documents.
Where an application is brought to a judge of a competent jurisdiction to compel production of
any particular document to a lien claimant, the Contractor further agrees to indemnify the
Authority from reasonable legal fees incurred in appearing on such an application and in addition
agrees to pay to the Authority its reasonable costs incurred in producing such documents to the
extent that the same is made necessary under the disposition of the matter by such judge, and the
Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated
herein may be properly deductible from monies otherwise payable to the Contractor under the
terms of the Contract Documents.
SPECIAL PROVISIONS -GENERAL
CONTRACT NO. CL2003-23 9.
23. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies
of a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works
stipulated in the Contract:
Date .......................
To: Mr. A..S. Cannella, C.E.T.
Director of Engineering Services
40 Temperance Street
BOWMANVILLE, Ontario. L1A 3A6
Re: Contract No. CL2003-23
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..........
Municipality of ........................................
(Please complete above in printing)
Final payment will not be released to the Contractor until all the applicable forms of release have
been signed by the property owners and received by the Authority.
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
HEALTH AND SAFETY PRACTICE FORM SCHEDULE w
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 accidentrncident
and/or Workplace Safety and Insurance Board (WSIB) information noted below, where applicable.
• The New Experimental Experience Rating (NEER)
-The WSIB experience rating system for non-construction rate groups
.............................................................................................
• The Council Amended Draft#7(CAD-7) Rating
-The WSIB experience rating system for construction rate groups
... .............................................................................................
• Injury frequency performance for the last two years
-This may be available from the contractor's trade association
.. .............................................................................................
• Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the
answer is yes, please include the infraction).
• Confirmation of Independent Operator Status
-The WSIB independent operator number assigned:
(Bidders to include the letter confirming this status and number from WSIB with their bid submission.)
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and
requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site
specific policies and procedures and other applicable legislation or regulations. Itwe 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 "AcP�;
and
b) have sufficient knowledge and training to perform all matters required pursuant to this
contract/tender safely and in compliance with the Act.
2. In the performance of all matters required pursuant to this contract/tender,the
contractor/successful tenderer shall,
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act safely and
complying all respects with the Act.
3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-
compliance with the Act at its expense immediately upon being notified by any person of the
existence of such act, practice or non-compliance.
4. The contractor/successful tenderer shall permit representatives of the Municipality and the
Health and Safety Committee on site at any time or times for the purpose of inspection to
determine compliance with this contractor/tender.
5. No act or omission by any representative of the Municipality shall be deemed to be an
assumption of any of the duties or obligations of the contractor/successful tenderer or any of its
subcontractors under the Act.
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6. The contractor/successful tenderer shall indemnify and save harmless the Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which may result from
the contractor/successful tenderer or any of its employees, its subcontractors or their
employees failing to act safely or to comply in all respects with the Act in the
performance of any matters required pursuant to this contract/tender,
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and costs related thereto, brought against the Municipality
by any person arising out of any unsafe act or practice or any non-compliance with the
Act by the contractor/successful tenderer or any of its employees, its subcontractors or
their employees in the performance of any matter required pursuant to this
contract/tender, and
C) from any and all charges,fines, penalties, and costs that may be incurred or paid by the
Municipality (or any of its council members or employees) shall be made a party to any
charge under the Act in relation to any violation of the Act arising out of this
contractttender.
............................................................................................................................
Contractor Name of Person Signing for Contractor
...........................................................................................................................
Signature of Contractor Date
SCHEDULE (C)
CONTRACTOR SAFETY
DATE &TIME OF INFRACTION:
DESCRIPTION OF INFRACTION INCLUDING LOCATION:
ORDER GIVEN BY MUNICIPALITY:
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DID THE CONTRACTOR COMPLY WITH THIS ORDER?
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DATE &TIME OF COMPLIANCE:
f
ISSUED TO:
CONTRACTOR'S EMPLOYEE TITLE
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
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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.
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
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)
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-23
SPECIAL PROVISIONS - TENDER ITEMS
P/29269/Specs/19784-SP-TI.doc
PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2003-23
CLEARING AND GRUBBING- ITEM NO. 1 AND NO. 18 (PROVISIONAL)
Payment shall be made under these Items for the clearing and grubbing as well as lateral trimming of
trees and brush to provide a clearance of 0.5 in on each side of the trail. All debris shall be disposed of
off the site at a location arranged for by the Contractor. The following is a breakdown of "Clearing
and Grubbing" and "Trimming" quantities.
Clearing and Grubbing Trimming Total
Part A 165 85 250
Part B 185 10 195
SITE PREPARATION-ITEMS NO. 2 AND NO. 19 (PROVISIONAL)
Payment shall be made under these Items for the following work:
• Relocation of boulders on line of trail in Part B', (Item No. 19)
• Trimming of trees to provide a minimum clearance of 2.4 in above the trail elevation.
• Cutting and disposal of steel lift rings from maintenance hole as identified on Drawing 3
(1+193).
• Adjusting maintenance hole at the Spry Avenue limits of contract in accordance with OPSS 408
in Part `A' (Item No. 2) to match proposed trail.
+ Removal of wire fence sections at 1+695 to provide 1.0 in clearance from edge of trail.
EARTH EXCAVATION—ITEM NO. 3 AND NO. 20 (PROVISIONAL)
The proposed trail is designed to best fit the existing ground profile while smoothing out
inconsistencies. Therefore, additional cut or fill over that shown in the construction details will be
minimal. The proposed centreline profile design drawings are available upon request.
Payment shall be made under this Item shall include for excavating deleterious material from the low
area at Sta. 1+920 approximately. Backfill shall be approved site excavated material. All excavated
material'surplus to fill requirements shall be disposed of within the limits of the contract at locations
designated by the Contract Administrator.
The unit price bid under Item No. 3 shall include for placing and compacting approved excavated
material as backfill to low areas as required to achieve proposed trail profile.
The unit prices bid shall include for proof rolling of subgrade.
Where trees are in close proximity to the proposed path, the Contractor shall perform his operations so
as to protect trees from damage.
SPECIAL PROVISIONS -TENDER ITEMS
CONTRACT NO. CL2003-23 2.
HOT MIX HL-3F-ITEMS NO. 4 AND NO. 21 (PROVISIONAL)
Asphalt cement shall be PGAC 58-28 with a minimum Marshall Stability of 5,800.
The successful bidder shall submit his proposed method for placing asphalt to ensure that a smooth
surface is achieved within the tolerances of OPSS 310.
GRANULAR 'A' — ITEMS NO. 5, 6, 7 and NO. 22 (PROVISIONAL)
Payment shall be made under these Items for the supply, placing and compacting of Granular `A' to the
specified depths. The unit price bid under Item No. 5 shall include for regrading existing surface prior
to placing granular.
19 mm CRUSHED STONE— ITEM NO. 8
Payment shall be made under this Item for the supply, placing and compacting of 19 mm crushed stone
in wet areas as designated by the Contract Administrator. Stone shall be placed and compacted to a
minimum depth of 300 mm.
NON-WOVEN GEOTEXTILE —ITEMS NO. 9 AND NO. 23 (PROVISIONAL)
Geotextile supplied and placed under this Item shall be Terrafix 360 R or approved equivalent.
For construction in wooded areas the unit price bid shall include for preparing the base by removing
and disposing of vegetation, branches, leaves etc., without disturbing the existing tree root system.
CULVERTS —ITEMS NO. 10 AND NO. 11
Culvert pipe shall be plain galvanized, placed with Granular `A' backfill. Gauge of the C.S.P.A.
culvert pipe shall be 3.5 mm thickness and 2.0 mm for the 450 mm dia. culvert.
The unit price bid for Item No. 11 shall include for the supply and placing of approximately 14 m2 of
100 mm to 150 mm diameter river run stone on the culvert invert for the full length of the pipe in
accordance with the Detail `A' on Drawing No. 6.
SPECIAL PROVISIONS TENDER ITEMS
CONTRACT NO. CL2003-23 3.
150 mm PERFORATED SUBDRAIN - ITEM NO. 12
The unit price bid also includes for the supply, placement of Granular `A' backfill within the limits of
the low area at Sta. 1+920 and supply and placement of 19 mm clear stone around the ends of the
pipes as shown on Detail `B'.
TOPSOIL, SEED AND MULCH -ITEMS NO. 17 AND NO. 24 (PROVISIONAL)
Stripped topsoil can be placed on the west side of the proposed trail (far side, away from creek) where
feasible for later use in topsoil, seeding and mulching operations. At locations where this is not
possible or may pose sedimentation problems, stripped topsoil shall be stockpiled at locations indicated
on the drawings.
Stripped topsoil shall be placed to a minimum depth of 100 mm. Only areas disturbed as a result of
necessary working operations shall be measured and paid for under these Items. Grassed areas
disturbed as a result of negligent operations by the Contractor shall be restored at the Contractor's cost.
The quantities estimated for these Items assume a 0.5 in and 1.5 in restoration width on both sides of
the Type 1 and Type 2 - 3 Trails respectively.
Hydraulic Mulch
Hydraulic mulch shall be capable of dispersing rapidly in water to form a homogeneous slurry and remain
in such state when agitated or mixed with other specified materials. When applied, the hydraulic mulch
shall be capable of forming an absorptive mat which will allow moisture to percolate into the underlying
soil. It shall contain no growth or germination inhibiting factors. The mulch shall be dry, be free of
weeds and all other foreign material and shall be supplied in packages bearing the manufacturer's label
clearly indicating mass and product name. Tackifier shall be added to the slurry before spraying
according to the supplier's specifications.
Hydraulic mulch type shall be specifically manufactured for use in hydraulic seeding equipment(non-
toxic, water activated,green colouring), free of germination and growth inhibiting factors. The mulch
shall be a mixture consisting of shredded newsprint, raw cotton fibre and straw processed to produce fibre
lengths of 15 mm minimum and 25 mm maximum. The greater proportion of the ingredients of this
mulch shall be straw. Hydraulic mulch shall be dyed green or another colour approved by the Authority.
Water shall be free of any contaminants which would adversely affect growth.
Seed to be Tableland Grass Mixture applied at 5 kg/acre as supplied by Ontario Seed Company or
approved equivalent.
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-23
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STANDARDS
Area under
construction <
o End
\ <J, vy ru n
Barrier
main run
End run — WW i
\q4 Area under protection
Ww
PERSPECTIVE VIEW
Area under Direction of flow
construction
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Area under protection
SECTION VIEW Silt fence barrier
Direction of flow
enQ\r� A
2,_ 3m maxi Typ
_
r Main run
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A L-10, PLAN OF SILT FENCE BARRIER
-- Stake
c
Geotextile
E
E
E
0
Direction (a Trench to be
of flow backfilled and
compacted Earth surface
O
O
N
�---� I 0
1 300mm min 0
of geotextile 200 `O
in trench
SECTION A—A
NOTE:
A All dimensions are in millimetres or metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING 1996 02 01 Rev
OP
LIGHT DUTY pte- ______ _
Date
SILT FENCE BARRIER ate OPSD — 219. 11 C
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2003-23
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
STq)d
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GENERAL CONDITIONS OF CONTRACT
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SEPTEMBER 1999
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GENERAL CONDITIONS OF CONTRACT
Table of Contents
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SECTION GC 1.0-INTERPRETATION
GC1.01 Captions................................................................................................................... 1
GC1.02 Abbreviations........................................................................................................... 1
GC 1.03 Gender and Singular References........................... ............................. 1
GC1.04 Definitions................................................................................................................ 1
GC 1.05 Substantial Performance................................
GC1.06 Completion...............................................................................................................6
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GC1.07 Final Acceptance.....................................................................................................6
GC 1.08 Interpretation of Certain Words...............................................................................6
SECTION GC 2.0-CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................7
GC 2.02 Order of Precedence...............................................................................................7
SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority...........................................................................8
GC3.02 Working Drawings...................................................................................................9
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment.................9
GC 3.04 Emergency Situations............................................................................................ 10
GC3.05 Layout.................................................................................................................... 10
GC3.06 Working Area......................................................................................................... 10
GC 3.07 Extension of Contract Time................................:...........................................:...... 10
GC3.08 Delays.................................................................................................................... 11
GC 3.09 Assignment of Contract......................................................................................... 11
GC 3.10 Subcontracting by the Contractor.......................................................................... 11
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GC3.11 Changes................................................................................................................ 12
iGC 3.11.01 Changes in the Work............................................................................................. 12
GC3.11.02 Extra Work............................................................................................................. 12
OPS General Conditions of Contnd-September 1899 Table of Contents-I
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GC 3.11.03 Additional Work..................................................................................................... 12
GC3.12 Notices................................................................................................................... 12
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GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance..................... 13
GC3.14 Claims, Negotiations, Mediation............................................................................. 13
GC 3.14.01 Continuance of the Work....................................................................................... 13
GC 3.14.02 Record Keeping............................................ .................... 13
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GC3.14.03 Claims Procedure.................................................................................................. 13
GC3.14.04 Negotiations........................................................................................................... 14
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GC3.14.05 Mediation............................................................................................................... 14
GC.3.14.06 Payment.....................:
GC 3.14.07 Rights of Both Parties............................................................................................15
GC 3.15 Engineering Arbitration.......................................................................................... 15
GC 3.15.01 Conditions for Engineering Arbitration................................................................... 15
GC 3.15.02 Arbitration Procedure............................................................................................. 15
GC 3.15.03 Appointment of Arbitrator....................................................................................... 15
GC3.15.04 Costs......................................................................................................................16
GC3.15.05 The Decision.......................................................................................................... 16
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GC 3.16 Archaeological Finds............................................................................................. 16
SECTION GC 4.0 -OWNER'S RESPONSIBILITIES AND RIGHTS
GC4.01 Working Area......................................................................................................... 17
GC 4.02 Approvals and Permits ................................................................. 17 i
GC 4.03 Management and Disposition of Materials .......................................... 17
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GC 4.04 Construction Affecting Railway Property.............................................................:.. 18
GC 4.05 Default by the Contractor....................................................................................... 18
GC 4.06
Notification of Default............................................................................................ 18
GC 4.07 Contractors Right to Correct a Default.................................................................. 18
GC 4.08 Owners Right to Correct Default........................................................................... 18
GC 4.09
Termination of Contractors Right to Continue the Work....................................... 18 ,
Table of Contents-U OPS General Conditions of Contract-September 1999
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GC 4.10 Final Payment to Contractor.................................................................................. 19
GC 4.11 Termination of the Contract................................................................................... 19
GC 4.12 Continuation of Contractor's Obligations............................................................... 19
GC4.13 Use of Performance Bond....................................................:................................ 19
SECTION GC 6.0-MATERIAL
GC5.01 Supply of Material..................................................................................................20
GC5.02 Quality of Material..................................................................................................20
GC5.03 Rejected Material...................................................................................................20
GC5.04 Substitutions..........................................................................................................20
GC5.05 Owner Supplied Material.......................................................................................21
GC 5.05.01 Ordering of Excess Material..................................................................................21
GC5.05.02 Care of Material.....................................................................................................21
SECTION GC 6.0-INSURANCE,PROTECTION AND DAMAGE
GC 6.01 Protection of Work, Persons and Property............................................................23
GC6.02 Indemnification ......................................................................................................23
GC 6.03 Contractor's Insurance...........................................................................................24
GC6.03.01 General..................................................................................................................24
GC 6.03.02 General Liability Insurance....................................................................................24
GC 6.03.03 Automobile Liability Insurance...............................................................................24
GC 6.03.04 Aircraft and Watercraft Liability Insurance.............................................................25
GC 6.03.05 Property and Boiler Insurance...............................................................................25
GC 6.03.05.01 Property Insurance................................................................................................25
GC 6.03.05.02 Boiler Insurance.....................................................................................................25
GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion...........................................25
GC 6.03.05.04 Payment for Loss or Damage................................................................................26
GC 6.03.06 Contractor's Equipment Insurance........................................................................26
GC 6.03.07 Insurance Requirements and Duration.............................................................1....26
GC6.04 Bonding..................................................................................................................27
SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC7.01 General..................................................................................................................28
OPS General Cond@ ions of Conbid-September 1999 Table of Contents-01
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GC7.02 Layout....................................................................................................................29
GC 7.03 Damage by Vehicles or Other Equipment.............................................................30
GC 7.04 Excess Loading of Motor Vehicles........................................................................30
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GC 7.05 Condition of the Working Area...............................................................................30
GC 7.06 Maintaining Roadways and Detours......................................................................30
GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services.......31
GC 7.08 Approvals and Permits..........................................................................................31
GC7.09 Suspension of Work..............................................................................................32
GC-7.10
Contractor's Right to Stop the Work or Terminate the Contract............................32
GC'7.11 Notices by the Contractor.................:...................................................................4 32
GC7.12 Obstructions...........................................................................................................33
GC 7.13 Limitations of Operations.......................................................................................33
GC 7.14 Cleaning Up Before Acceptance...........................................................................33
GC7.15 Warranty................................................................................................................33
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SECTION GC 8.0-MEASUREMENT AND PAYMENT
GC 8.01 Measurement........................... ........
GC 8.01.01 Quantities................................................. .
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GC 8.01.02 Variations in Tender Quantities.............................................................................35
GC8.02 Payment.................................................................................................................35
GC 8.02.01 Price for Work........................................................
GC 8.02.02 Advance Payments for Material......................................................r......................36
GC 8.02.03 Certification and Payment.....................................................................................36
GC 8.02.03.01 Progress Payment Certificate.................... ...... 36
................................ ......................
GC 8.02.03.02 Certification of Subcontract Completion.............:..................................................37
GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment......................37
GC 8.02.03.04 Certification of Substantial Performance...............................................................37
GC 8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates...............................................................38
GC 8.02.03.06 Certification of Completion ....................................................................................38
GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release
PaymentCertificates.............................................................................................39
GC 8.02.03.08 Interest............................................................. .39
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GC 8.02.03.09 Interest for Late Payment......................................................................................39
GC 8.02.03.10 Interest for Negotiations and Claims.....................................................................40
GC 8.02.03.11 Owner's Set-Off.....................................................................................................40
Table of Contents-N OPS General Conditions of Contract-September 1999
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GC 8.02.03.12 Delay in Payment..................................................................................................40
GC 8.02.04 Payment on a Time and Material Basis.................................................................40
GC8.02.04.01 Definitions..............................................................................................................40
GC8.02.04.02 Daily Work Records...............................................................................................41
GC 8.02.04.03 Payment for Work..................................................................................................41
GC 8.02.04.04 Payment for Labour...............................................................................................42
GC 8.02.04.05 Payment for Material .............................................................................................42
GC 8.02.04.06 Payment for Equipment.........................................................................................42
GC8.02.04.06.01 Working Time........................................................................................................42
GC8.02.04.06.02 Standby Time....................................................................................................... 42
GC 8.02.04.07 Payment for Hand Tools........................................................................................43
GC 8.02.04.08 Payment for Work by Subcontractors....................................................................43
GC 8.02.04.09 Submission of Invoices..........................................................................................43
GC 8.02.05 Final Acceptance Certificate..................................................................................43
GC 8.02.06 Payment of Workers..............................................................................................44
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GC8.02.07 Records.................................................................................................................44
GC8.02.08 Taxes and Duties...................................................................................................44
GC8.02.09 Liquidated Damages..............................................................................................45_
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OPS General Conditions of Contract-September 1999 Table of Contents-v
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STq,yO9��
o P Ontario Provincial Standards
for
s, s `ice Roads and Public Works September 1999
GENERAL CONDITIONS OF CONTRACT
SECTION GC 1.0!-INTERPRETATION
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GC 1.01 Captions
.01 The captions appearing in these General Conditions have been inserted as a matter of convenience
and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the
General Conditions or any provision hereof.
GC 1.02 Abbreviations
.01 The abbreviations on the left below are commonly found in the Contract Documents and represent
the organizations and phrases listed on the right:
"AASHTO" - *American Association of State Highway Transportation Officials
"ANSI" - American National Standards Institute
"ASTM" - American Society for Testing and Materials
"AWG" - American Wire Gauge
"AWWA" - American Water Works Association
"CESA" - Canadian Engineering Standards Association
"CGSB" - Canadian General Standards Board
"CSA" - Canadian Standards Association
"CWB" - Canadian Welding Bureau
"GC" - General Conditions
"MOE" - Ministry of the Environment(Ontario)
"MTC" - Ministry of Transportation(Ontario)
"MTO" - Ministry of Transportation(Ontario)
"MUTCD" - Manual of Uniform Traffic Control Devices, published by MTO
"OPS" - Ontario Provincial Standard
"OPSD" - Ontario Provincial Standard Drawing
"OPSS" - Ontario Provincial Standard Specification
"PEO" - Professional Engineers Ontario
"SAE" - Society of Automotive Engineers
"SSPC" - Structural Steel Painting Council
"UL" - Underwriters Laboratories
"ULC" - Underwriters Laboratories Canada
GC 1.03 Gender and Singular References
.01 References to the masculine or singular throughout the Contract Documents shall be considered to
include the feminine and the plural and vice versa as the context requires.
GC 1.04 Definitions
.01 For the purposes of this Contract the following definitions apply:
Actual Measurement: means the field measurement of that quantity within the approved limits of the
Work.
OPS General Conditions of Contract-September 1999 Page 1
Additional Work: means work not provided for in the Contract and not considered by the Contract
Administrator to be essential to the satisfactory completion of the Contract within its intended scope.
Base: means a layer of material of specified type and thickness placed immediately below the pavement,
driving surface, finished grade, curb and gutter, or sidewalk.
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Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion.
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Certificate of Substantial Performance: means the certificate issued by the Contract Administrator at
Substantial Performance.
Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator
where so authorized, directing that a Change in the Work or Extra Work be performed.
Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades,
dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or
other conditions, changes in the character of the Work to be done or materials of the Work or part thereof,
within'#te intended scope of the Contract i
Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or
the Contract Administrator where so authorized, covering contingencies, a Change in the Work, Extra
Work, Additional Work and changed subsurface conditions, and establishing the basis for payment and the
time allowed for the adjustment of the Contract Time.
Completion Certificate: means the certificate issued b y p the Contract Administrator at completion.
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Constructor: means, for the purposes of, and within the meaning of the Occupational Health and Safety
Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract
Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, I
responsibilities and obligations as prescribed in the Contract Documents.
Contract Administrator means the person, partnership or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract.
Contract Documents: mean the executed Agreement between the Owner and the Contractor, the
Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard
Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document
before the execution of the Agreement, such other documents as may be listed in the Agreement and
subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement.
Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any
Subsurface Report and other reports and information provided by the Owner for the Work, and without
limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel
schedules, aggregate sources lists, Quantity Sheets, cross-sections and standard drawings.
Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
Contractor means the person, partnership or corporation undertaking the Work as identified in the
Agreement
Controlling Operation: means any component of the Work,which, if delayed,will delay the completion of
the Work.
Page 2 OPS General Conditions of Contract-September 1999
Cost Plus: See'Time and Material".
Cut-Off Date: means the date up to which payment will be made for work performed.
Daily Work Records: mean daily Records detailing the number and categories of workers and hours
worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and
description and quantities of Material utilized.
Day: means a calendar day.
Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or
Working Plans,or any reproductions of drawings or plans pertaining to the Work.
Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construction machinery and-equipment.
'Estimate: means a calculation of the quantity orcost-of-the Workor partof it-4epending on the context.
Extra Work: means work not provided for in the Contract as-awarded-but considered by the Contract
Administrator to be' essential to the satisfactory completion of the Contract,within its!intended scope,
including unanticipated work required to comply with legislation and regulations which affect the Work.
Final Acceptance Certificate: means the certificate issued by the Contract Administrator at Final
Acceptance of the Work.
Final Detailed'Statement: means a complete evaluation prepared by the Contract Administrator showing
the quantities, unit prices and final dollar amounts of all items of work completed under the Contract,
including variations in tender items and Extra Work, all as set out in the same general form as the monthly
estimates.
Force Account: See"Time and Material".
Geotechnical Report: means a report or other information identifying soil, rock and ground water
conditionsinthe area of any proposed excavation or fill.
Grade: means the required elevation of that part of the work.
Hand Tools: means tools that are commonly called tools or-implements of-the trade and include small
power tools.
Highway: means a common and public highway any part of which is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property linesthereof.
Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment i5 not based on a measured quantity,'although a quantity may be given
in the Contract Documents.
Major Item: means any tender Item that has a value, calculated on the basis of its actual or estimated
tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than
the lesser of,
a) $100,000, or
b) 5% of the total tender value calculated on the basis of the total of all the estimated tender
quantities and the tender unit prices.
Material: means material, machinery, equipment and fixtures forming part of the Work.
OPS General Conditions of Contract-September 1999
Page
Owner. means the party to the Contract for whom the Work is being performed, as identified in the
Agreement, and includes, with the same meaning and import, "Authority".
Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete-Portland cement concrete,or plant or road mixed mulch.
Performance Bond: means the type of security fumished to the Owner to guarantee completion of the
Work in accordance with the Contract and to the extent provided in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
Project: means the construction of the Work as contemplated by this Contract.
Quantity Sheet: means a list of the quantities of Work to be done.
Rateof. Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and
available from, the Owner.
Records: mean any books, payrolls, accounts or other information which relate to the Work or any
Change in the Work or claims arising therefrom.
Roadway: means that part of the Highway designed or intended for use by vehicular traffic and includes
the Shoulders.
Shoulder means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the ditch or fill slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipulated by the Owner. for
performance of the Work.
Subbase: means a layer of material of specified type and thickness between the Subgrade and the Base.
Subcontractor: means a person, partnership or corporation undertaking the execution of a part of the
Work by virtue of an agreement with the Contractor.
Subgrade: means the earth or rock surface, whether in cut or fill, as prepared to support the Base,
Subbase and Pavement.
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Subsurface Report: means a report or other information identifying the location of utilities, concealed and
adjacent structures and physical obstructions which fall within the influence of the Work.
Superintendent: means the Contractors authorized representative in responsible charge of the Work.
Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to
transact business under the Insurance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by
the Contractor.
Tender:• means an offer in writing from the Contractor, submitted in the format prescribed by the Owner,
to complete the Work.
Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and
Material Basis. Where"Cost Plus"and"Force Account"are used they shall have the same meaning.
Page 4 OPS General Conditions of Contract-September 1999
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Utility: means an aboveground or underground facility maintained by a municipality, public utility authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil,
steam, data transmission,telephone and cable television.
Warranty Period: means the period of 12 months from the date of Substantial Performance or such
longer period as may be specified for certain Materials or some or all of the Work. Where a date of
Substantial Performance is not established, the Warranty Period shall commence on the date of
Completion.
Work: means the total construction and related services required by the Contract Documents.
Working Area: means all the lands and'easements owned or acquired by the Owner for the,-construction
of the Work.
Working Day: means any Day,
a) except Saturdays, Sundays and statutory holidays;
b) except a'Day as'°determined'by'the ContracYAdministrator;°on which the Contractor°is prevented by
" inclement weather'or conditions resulting immediately therefrom;from-proceeding-with�a--Controlling
"Operation: :Forthe purposes'of this definition, this will-be a�Day,during which-the Contractor-cannot
proceed with at least 60% of the normal labour and equipment force effectively engaged on the
Controlling Operation for at least 5 hours;
c) except a Day on.which the Contractor is prevented from proceeding with a Controlling Operation, as
determined by the Contract Administrator by reason of,
i. any breach of-the Contract by the Owner or if such prevention is due to the.Owner, another
contractor hired by the Owner, or,an employee of any one of them, or by anyone else acting on
behalf of the Owner.
H. on-delivery of Owner-supplied materials,
iii. any cause beyond the reasonable control of the Contractor which can be substantiated by the
Contractor to the satisfaction of the Contract Administrator.
Working Drawings: or Working Plans:-means any Drawings or Plans prepared by the Contractor for the
execution of the Work and may, without limiting the generality thereof, include falsework plans, Roadway
protection plans, shop drawings, shop plans or erection diagrams.
GC 1.05 Substantial Performance
.01 The Work is substantially performed,
a) when the Work to be'performed under the Contract or a substantial part!thereof is ready for use
or is being used for the purpose intended; and
b) when the Work to be performed under the.Contract is,-capable,of completion.or, where there is a
known defect,the cost of correction, is not more than
L 3%of the first$500,000 of the Contract price,
ii. 2%of the next$500,000 of the Contract price, and
iii. 1%of the balance of the Contract price.
.02 For the purposes of this Contract, where the Work or a substantial part thereof is ready for use or is
being used for the purposes intended and the remainder of the Work cannot be completed
expeditiously for reasons beyond the control of the Contractor or, where the Owner and the
Contractor agree not to complete the Work expeditiously, the price of the services or materials
remaining to be supplied and required to complete the Work shall be deducted from the Contract
price in determining Substantial Performance.
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oPS General conditions of contract-September 1999 Page 6
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GC 1.06 Completion
.01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correction of a known defect or last supply is not
more than the lesser of,
a) I%of the Contract price; or
b) $1,000.
GC 1.07 Final Acceptance
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.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time, the Contractor has rectified all imperfect
work and has discharged all of the Contractor's obligations under the Contract
GC 1.08 Interpretation of Certain Words
.01 ;The words "acceptable", "approval", "authorized", "considered necessary", "directed", "required",
"satisfactory", or words of like import, shall mean approval of, directed, required, considered
necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the
context clearly indicates otherwise.
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Paps 6 oPS Gomel Condo m or contra-September 1999
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SECTION GC 2.0-CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents
.01 The Owner warrants that the information furnished in the Contract Documents can be relied upon with
the following limitations or exceptions:
a) The location of all mainline underground utilities which will affect the Work will be shown to a
tolerance of
i. 1 m horizontal and
ii. 0.3 m vertical
b The Owner does not warrant interpretations of data or opinions expressed in any Subsurface
Report available for the perusal of the Contractor and excluded from the Contract Documents, and
c) Other information specifically excluded from this warranty.
GC 2.02 Order of Precedence
.01 In the event of any inconsistency or conflict in the contents of theJollowing documents, such
documents shall take precedence and govern in the following order.
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) Working Drawings
Later dates shall govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall govern where they differ from dimensions scaled
from the same drawing;
b) Drawings of larger scale shall govern over those of smaller scale;
c) Detailed Drawings shall govern over general Drawings;and
d) Drawings of a later date shall govern over those of an earlier date in the same series.
.03 In the event of any conflict in the contents of Standard Specifications the following. order of
precedence shall govem:
a Ontario Provincial Standard Specifications; then
b) Other Standard Specifications, such as those produced by CSA, CGSB, ASTM and ANSI, and
referenced in the Ontario Provincial Standard Specifications.
.04 The Contract Documents are complementary, and what is required by any one shall be as binding as
If required by all.
OPS General Conc!Wns of Contract-SepWnber I M Poe 7
SECTION GC 3.0-ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority
.01 The Contract Administrator will be the Owner's representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever
is later. All instructions to the Contractor including instructions from the Owner will be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on be
Owner only to the extent provided in the Contract Documents. half of the
i
.02 All claims, disputes and other matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications,
and to record the necessary data to establish payment quantities under the schedule of tender
quantities and unit prices or to make an assessment of the value of the work completed in the case of
aalump sum price contract. .
r
04 :The Contract Administrator will determine the amounts owing to the Contractor under the Contract
and will issue certificates for payment in such amounts as provided for in Section GC 8.0,
Measurement and Payment.
.05 The Contract Administrator will with reasonable promptness review and take appropriate action upon
the Contractors submissions such as shop drawings, product data, and samples in accordance with
the Contract Documents.
.06 The Contract Administrator will investigate all allegations of a change in the character of the Work
made by the Contractor and issue appropriate instructions.
.07 The Contract Administrator will prepare Change Directives and Change Orders.
.08 Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly
conduct an inspection of the Work to establish the date of Substantial Performance of the Work
and/or the date of Completion of the Work.
.09 The Contract Administrator will be, in the first instance, the interpreter of the Contract Documents and
the judge of the performance thereunder by both parties to the Contract. Interpretations and
decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and in making these decisions the Contract Administrator will not show partiality to either party.
.10 The Contract Administrator will have the authority to reject part of the Work or Material which does
not conform to the Contract Documents.
.11 Defective work, whether the result of poor workmanship, use of defective material, or damage
through carelessness or other act or omission of the Contractor and'whether incorporated in the Work
or not which has been rejected by the Contract Administrator as failing to conform to the Contract
Documents shall be removed promptly from the Work by the Contractor and replaced or re-executed
promptly in accordance with the Contract Documents at no additional cost to the Owner.
.12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall
be made good, promptly, at no additional cost to the Owner.
.13 If, in the opinion of the Contract Administrator, It is not expedient to correct defective work or work not
performed in accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the Contractor the difference in value between the work as performed and that
called for by the Contract Administrator.
Page 8 OPS General Conditions of Contract-September 1999
.14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any
certificates or the making of any payment by the Owner, the failure of the Contract Administrator to
reject any defective work or Material shall not constitute acceptance of defective work or Material.
.15 The Contract Administrator will have the authority to temporarily suspend the Work for such
reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's
construction layout or the inspection of any portion of the Work. There shall not be any extra
compensation for the suspension of work.
GC 3.02 Working Drawings
.01 The Contractor shall arrange for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Documents.
.02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable
promptness and in orderly sequence so as to--not cause delay in`theWork.1f:either the Contractor or
the Contract Administrator so requests they shall jointly prepare a.,schedule fixing the.dates for
submission and return of Working Drawings. Working Drawings shall:be submitted in printed form.
At the time of submission the Contractor shall notify the Contract Administrator in writing of any
deviations from the Contract requirements that exist in the Working Drawings.
.03 The Contract Administrator will review and return Working Drawings in accordance with an agreed
upon schedule, or otherwise,with reasonable promptness so as not to cause delay.
.04 The Contract Administrator's review will be to check for'conformity to the-design-concept and for
i general arrangement only and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract
Documents unless a deviation on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Contractor shall make any changes in Working-Drawings which the Contract-Administrator may.
require consistent with the Contract Documents and resubmit unless otherwise directed by.the
Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in.
writing'of any revisions other than those requested.by the'Contract Administrator.
.06 Work related to the Working Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission
to construct granted."
.07 The Contractor shall keep one set of the•reviewed Working.Drawings; marke&as above, at the site at
all times.
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shall, when requested in writing, make alterations'in the method, Equipment or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment
.02 The Contractor shall, when requested In writing, after the sequence of its operations on the Contract
so as to avoid interference with work being performed by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
Pale 9
OPS General Condltbm of Contract-September 1999
GC 3.04 Emergency Situations
.01 The Contract Administrator has the right to determine the existence of an emergency situation, and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contractors expense. If the emergency situation was not the fault of the Contractor, the Owner will
pay for the remedial work.
GC 3.05 Layout
.01 The Contract Administrator will provide baseline and benchmark information for the general location,
alignment and elevation of the Work. The Owner will be responsible only for the correctness of the
information provided by the Contract Administrator.
GC 3.06 Working Area
.01 The C6ntractor's sheds, site offices, toilets, other temporary structures and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition
at.all times.
j
.02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor
require more space than that shown on the Contract Drawings, the Contractor shall obtain such
space at no additional cost to the Owner. j
.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the
Contractor has received prior written permission from the property owner.
GC 3.07 Extension of Contract Time
.01 An application for an extension of Contract Time shall be made in writing by the Contractor to the
Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days j
prior to the expiration of the Contract Time. The application for an extension of Contract Time shall
enumerate the reasons, and state the length of extension required.
.02 :Circumstances suitable for consideration of an extension of Contract Time.include the following:
a) Delays, See subsection GC 3.08.
b) Changes in the Work; See clause GC 3.11.01.
c):Extra Work; See clause GC 3.11.02.
d) Additional Work; See clause GC 3.11.03.
.03 The Contract Administrator will, in considering an application for an extension to the Contract Time,
take into account whether the delays, Changes in the Work, Extra-Work or Additional Work involve a
Controlling Operation.
.04 The Contract Time shall be extended for such additional time as may be recommended by the
Contract Administrator and deemed fair and reasonable by the Owner.
.05 The terms and conditions of the Contract shall continue for such extension of Contract Time.
Page 10 OPS General Conditions of Contract-September 1999
GC 3.08 Delays
.01 If the Contractor is delayed in the performance of the Work by,
a) war, blockades, and civil commotions, errors in the Contract Documents;an act or omission of the
Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly,
contrary to the provisions of the Contract Documents;
b) a stop work order issued by a court or public authority, provided that such order was not issued as
the result of an act or omission of the Contractor or anyone employed or engaged by the
Contractor directly or indirectly;
c) the'Contract Administrator giving notice under subsection GC 7.09;Suspension of Work;
d) abnormal inclement weather, or
e)�archaeologicai finds in accordance with subsection GC 3.16,*Archaeological Finds,
then the Contractor,shall be reimbursed by the Owner for
costs incurred by.the Contractor
as the result of such delay, provided that in the case of an application for an extension of Contract
Time due to abnormal inclement weather;-the'.:Contractor~shall with,the-Contractor's-application,
submit evidence from Environment Canada in,.support-of-such•application:,•,�-Extension-of-Contract
Time will be granted in accordance with subsection GC.3.07; Extension of-.Contract Time.
.02 if the Work- is delayed by labour disputes,-strikes or,lock-outs --including lock-outs decreed or
recommended to its members by a-recognized contractor's association, of which�the Contractor is a
member or to which the Contractor is otherwise bound -.which are beyond the`Contractor's control,
then the Contract Time shall:'be, extended in accordance with°subsection GG 3:07; Extension of
Contract Time. In no case shall the extension of Contract Time be less than the time lost as the
result of the event causing the delay, unless a shorter extension-is agreed to by the Contractor.-The
Contractor shall not-be entitled#o payment for costs incurred as the,result of.such delays unless such
delays are the result of actions by the Owner.
GC 3.09 Assignment of Contract
.01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of
the Owner.
GC 3.10 Subcontracting by the Contractor
.01 The Contractor may subcontract any part of the Work, subject to these General Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator, in writing;'of`the°intention to subcontract Such
notification shall identify the part of the Work; and the Subcontractor with whom it is intended.
.03 The Contract Administrator'wiil,"within 10 Days,of receipt of-such notification; accept or reject the
intended Subcontractor. The rejection will be in writing-and will include the reasons for the rejection.
.04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor•who has
been engaged in accordance with subsection GC 3.10 Subcontractihg by the Contractor.
.05 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to
that part of the Work to be performed under subcontract and shall,
a) enter into agreements with the intended Subcontractors to require them to perform their work in
accordance with the Contract Documents; and
b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and
of persons directly or indirectly employed by them as for acts and omissions of persons directly
employed by the Contractor.
OPS General CoMitlons of Contract-September 1999 Page 11
i
.06 The Owners consent to subcontracting by the Contractor shall not be construed to relieve the
Contractor from any obligation under the Contract and shall not impose any liability upon the Owner.
Nothing contained in the Contract Documents shall create a contractual relationship between a
Subcontractor and the Owner.
GC 3.11 Changes
GC 3.11.01 Changes in the Work
.01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a
Change in the Work without invalidating the Contract. The Contractor shall not be required to
proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such
Change Directive the Contractor shall proceed with the Change in the Work.
.02-The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3:07, Extension of Contract Time.
I
..03 ifffie Changes in the Work relate solely to quantities, payment for that part of the Work will be made
according to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the
Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to
subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the
conditions contained in clause GC 8.02.04, Payment on a Time and Material Basis.
GC 341.02 Extra Work
.01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform
Extra Work without invalidating the Contract The Contractor shall not be required to proceed with the
Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the
Contractor shall proceed with the Extra Work. i.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3.07, Extension of Contract Time.
.03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3:1,1.03 Additional Work
I
.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work without invalidating the Contract If the Contractor agrees to perform Additional
Work,the Contractor shall proceed with such Additional Work upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3.07, Extension of Contract Time.
.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3.12 Notices
.01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in
respect of the Work shall be deemed to have been given to and received by the addressee on the
date of delivery if delivered by hand or by facsimile transmission and on the fifth Day after the date of
mailing If sent by mail.
Pape 12 OPS General Conditions of Contract-September 1099
.02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone
numbers and facsimile terminal numbers for the Contract Administrator and the Superintendent at the
commencement of the Work
.03 In the event of an emergency situation or other urgent matter the Contract Administrator or the
Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2
Days.
'.04 Any notice permitted or,required to be given to the Owner or the Contractor shall be given in
accordance with the notice provision of the Contract.
GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance
.01 Where it is not"contemplated elsewhere in'the Contract Documents;-,the Owner may use or occupy
the Work or any part thereof prior to Substantial:Performance;provided;that,at-least 30 Days'written
notice has been given to the Contractor.
.02 The use or occupancy of the Worts or any part thereof by-the Ownerpriorto~Substantial Performance
shall not constitute an acceptance of the Work•'or parts so-occupied. In,°addition, the use or
occupancy of the Work shall 'not relieve the Contractor or the Contractor's Surety from any liability
that has arisen, or may arise,-from the performance-of the,Work'in•accordance,with-the-Contract
Documents. The Owner will be responsible for any damage that occurs because of the Owner's use
or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the
Ownel's° right t to`--charge-the:Contractor-liquidated damages in accordance-with the Aermssof the
Contract.
GC 3.14 Claims, Negotiations,Mediation
GC 3.14.01 Continuance of the Work
.01 Unless the'Contract has-been terminated or completed, the Contractor shall in every case, after .
serving or receiving any notification of a claim or dispute;-verbal or written, continue to proceed with
the Work with-due diligence and expedition: it'is understood by--the parties that such.action will not
jeopardize any claim it may have.
GC 3.14.02 Record Keeping
.01 Immediately upon commencing work which may result in a claim, the Contractor shall keep Daily
Work Records during the course of the-Work,sufficient to substantiate the Contractor's claim, and the
Contract Administrator will keep Daily Work'Records,to'be used in,assessing„the Contractor's claim,
all in accordance with clause GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daily basis,to simplify review of the claim,when submitted.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the'Contractor shall not be construed to be acceptance of the claim.
GC 3.14.03 Claims Procedure
.01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional
payment immediately upon becoming aware of the situation.
.02 The Contracto r shall provide
written notice in the standard form "Notice of Intent to Claim” within 7
Days of the commencement of any part of the Work which may be affected by the situation.
OPS General Conditions of contract-September 1999 Page 13
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.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the work affected by the situation. The detailed claim shall:
a) identify the item or items in respect of which the claim arises;
b) state the grounds, contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing
from the Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor,
in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
GC.&O.04 Negotiations
.01 The parties shall make all reasonable efforts to resolve.their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and
documents to facilitate these negotiations.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to
any part of the claim, the.Contract Administrator shall enter into negotiations with the Contractor to
resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed
that payment cannot be made on a Time and Material basis in accordance with clause GC 8.02.04,
Payment on a Time and Material Basis, the parties shall proceed in accordance with clause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arbitration.
GC 3.14.05 Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05, and
the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the
services of an independent third party mediator.
.02 The mediator shall be mutually agreed upon by the Owner and Contractor.
. i
.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall
meet with the parties together and separately, as necessary, to review all aspects of the issue. In a
final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration
the mediator shall provide,without prejudice, a non-binding recommendation for settlement
.04 The review by the mediator shall be completed within 90 Days following the opinion given in
paragraph GC 3.14.03.05.
.05 Each party is responsible for its own costs related to the use of the third party mediator process. The
cost of the third party mediator shall be equally shared by the Owner and Contractor.
GC 3.14.06 Payment
.01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or
dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and
Payment
Pape 14 OPS General CondRions of Coritract-September 1999
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GC 3.14.07 Rights of Both Parties
.01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by
either party shall be construed as a renunciation or waiver of any of the rights or recourse available to
the parties, provided that the requirements set out in this subsection are fulfilled.
GC 3.15 Engineering Arbitration
GC 3.15.01 Conditions for Engineering Arbitration
.01 if a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke
the provisions,of subsection GC 3.15, Engineering Arbitration, by giving written notice to.the other
party.
.02 Notification that arbitration shall be implemented to resolve the issue-shall be-communicated in writing
as soon as"possible and 'no later,thane`60�'DaysMfolloMng-the,°opinion,given in paragraph GC
3.14.03.05. Where the use of a third party'mediator was-implemented,.notificabon shall be within 120
Days.of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures.of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to
-any arbitration conducted.hereunder except to the.extent that they are modified by the express
provisions of this subsection GC 3.15, Engineering Arbitration.
GC 3.15.02 Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right of appeal-as exist where the arbitrator has exceeded'his ocher jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions in-respect'of the matters under arbitration-will,be,stayed pending arbitration;
b) All outstanding claims and matters to be settled are to be set out.in a schedule to the agreement
Only such claims and matters as are in the schedule will be arbitrated;and
c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are
set out in the schedule.
GC 3.15.03 Appointment of Arbitrator
.01 The arbitrator shall be mutually agreed upon-by-the Owner.and Contractor:ta.adjudicate the dispute.
.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbitration noted In paragraph GC 3.1 5.01.02, the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute
of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitrator shall not be interested financially in the Contract nor in either party's business and shall
not be employed by either party.
.05 The arbitrator may appoint independent experts and any other persons to assist him or her.
OPS General conditions of Contract-September 1999 Pape 16
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.06 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may
hear and consider any evidence which the arbitrator considers relevant.
.07 The hearing will commence within 90 Days of the appointment of the arbitrator.
GC 3.15.04 Costs
.01 The arbitrator's fee shall be equally shared by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shared equally by the Owner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agreed upon by.both parties or in the event
the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate
facilities shall be shared equally by the Owner and the Contractor.
.04 ' Tfie arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.
GC 3.15.05 The Decision
i
.01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be granted with consent of both parties. Payment shall be
made in accordance with clause GC 3.14,06, Payment.
GC 3.16 Archaeological Finds
.01 If the Contractor's operations expose any items which may indicate an archaeological find, such as
building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall
immediately notify the Contract Administrator and suspend operations within the area identified by the
Contract Administrator. Notification may be verbal provided that such notice is confirmed in writing
within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract
Administrator in writing, in accordance with subsection GC 7.09, Suspension of Work.
.02 Any delay in the completion of the Contract that is caused by such a suspension of Work will be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01.
.03 Any work directed or authorized in connection with an archaeological find will be considered as Extra
Work in accordance with clause GC 3.11.02, Extra Work
Page 16 OPS General Conditions of contract-September 1999
SECTION GC 4.0—OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area
.01 The Owner will acquire all property rights which are deemed necessary by the Owner for the
construction of the Work, including temporary working easements, and will indicate the full extent of
the Working Area on the Contract Drawings.
.02 The Geotechnical Report and-Subsurface Report'which will be provided by the Owner as part of the
tender documents shall form part of the Contract Drawings.
GC 4.02 Approvals and Permits .
.01 The Owner will pay for all plumbing and building permits.
.02 The Owner will obtain and pay for all permits, licenses;and:certificates olelyaequired:.for Project
approval.
GC 4.03 Management and Disposition of-Materials
.01 'The Owner will identify in the Contract Documents the materials to be moved within or removed from.
the Working Area, and any characteristics'of those materials which will necessitate special materials
management and disposition.
-' .02 in accordance•withIregulations under the OccupationafHea ltheand�SafetyAct,R:S.0.:.1990;c.0.1;as -
amended, the Owner advises that
a) the designated substances silica, lead and arsenic are generally present throughout the Working
Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestos is present in asbestos conduits for utilities;
c)"the,following hazardous materials-are,ordinarily present in construction:activities: limestone,
gypsum, marble, mica and Portland cement; and
d) exposure-to these substances, may-occur as,-a result of activities by the Contractor such as
sweeping, grinding, crushing, drilling,blasting,cutting and abrasive'blasting.
.03 The Owner will identify in the Contract, Documents any designated substances or hazardous
materials other than those identified above and their location in the Working Area.
.04 If the Owner or Contractor discovers or• is advised aof-the,presence:.of.designated .substances or
hazardous materials which are in addition to those listed in .paragraph GC.4.03.02, or not clearly
identified in the-Contract'Documents-according-to-paragraph.�GC-.4:03:03;.�then:.verbai notice will be
provided to the other party immediately with written confirmabon•within 2 Days. The Contractor will
stop work in the area immediately and will determine the necessary steps required to complete the
work in accordance with applicable legislation and regulation.
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.05 The Owner will be responsible for any reasonable,additional costs of removing, managing and
disposing of any materiai'not identified in the Contract' Documents, or where conditions exist that
could not have been reasonably foreseen at the.time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
.06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products
controlled under the Workplace Hazardous Materials Information System or WHMIS, which the
Owner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for
these products. All containers used in the application of products controlled under WHMIS shall be
labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant
Material Safety Data Sheets.
OPS General Conditions of Contract-September 1999 Page 17
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GC 4.04 Construction Affecting Railway Property
.01 The Owner will pay the costs of all flagging and other traffic control measures required and provided
by the railway company unless such costs are solely a function of the Contractor's chosen method of
completing the Work.
GC 4.05 Default by the Contractor
.01 The Contractor shall be in default of the Contract if,
a) the Contractor fails to commence the Work or execute the Work properly or otherwise fails to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency.
GC 4.06 Notification of Default
.01'.'.. he Owner will give written notice of a default to the Contractor as soon as the Owner becomes
aware of the alleged default but failure to give such notice in a timely way shall not constitute
condonation of the default. The notice will include instructions to correct the default within 5 Working
Days.
GC 4.07 Contractor's Right to Correct a Default
.01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notice of
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default to correct the default and provide the Owner with satisfactory proof that appropriate corrective
measures have been taken.
.02 If the correction of the default cannot be completed within the 5 full Working Days following receipt of
the notice,the Contractor shall not be in default if the Contractor,
a) commences the correction of the default within the 5 full Working Days following receipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correction;and
c) completes the correction in accordance with such schedule.
GC 4.08 Owner's Right to Correct Default
.01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07,
.contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to
'Any other right or remedy the Owner may have, may correct such default and deduct the cost thereof,
as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor.
GC 4.09 Termination of Contractor's Right to Continue the Work
.01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07,
Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to
any other right or remedy the Owner may have, may terminate the Contractors right to continue the
Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner terminates the Contractor's right to continue with the Work in whole or in part, the Owner
will be entitled to,
a) take possession of the Working Area or that portion of the Working Area devoted to that part of the
Work terminated;
b) utilize the Equipment of the Contractor and any Material within the Working Area which is intended
to be incorporated into the Work, the whole subject to the right of third parties;
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;
Page 18 OPS General Condkkm of contract•September 1999
d) charge the Contractor the additional cost over the Contract price of completing the Work or portion
thereof withdrawn from the Contractor, as certified by the Contract Administrator and any
additional compensation paid to the Contract Administrator for such additional service arising from
the correction of the default;
e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to
cover correction to the Work performed by the Contractor that may be required under subsection
GC 7.15,Warranty;
f) charge the Contractor for any damages the Owner may have sustained as a result of the default;
and
g) charge the Contractor the amount by which the cost of corrections to the Work under subsection
GC 7.15,Warranty,exceeds the allowance provided for such corrections.
GC 4.10 Final Payment to Contractor
.01 If the Owner's cost to correct and complete:the Work in.whole or in part.is.less than the amount
withheld from- the Contractor °under subsection 'GC X4:09;' Termination,:.of:Contractors. Right to
Continue the Work,the Owner will pay the'balance to-the,Contractor.as soon-as the final accounting
for the Contract is complete.
GC 4.11 Termination of the Contract
.01 Where the Contractor is in default of the Contract the Owner may,without prejudice to any other right
or remedy the Owner may have,-terminate the Contract by giving written notice of termination to the
Contractor,''the -Surety'-and any trustee,or receiver acting on behalf of,the Contractor's estate or
creditors.
.02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or
receiver with a complete accounting to the date of termination.
GC 4.12 Continuation of Contractor's Obligations
.01 The Contractor's-obligation under the Contract as to quality,-correction and warranty of the Work
performed prior to the time of termination of the Contract or termination of the Contractor's ng
ht to
continue with the Work in whole or in part shall continue to be in force after such termination.
GC 4.13 Use of Performance Bond
.01 If the Contractor is in default of the Contract and the Contractor,has provided a Performance Bond,
the provisions of this Section shall be exercise6in accordance with the conditions of the Performance
Bond.
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OPS General Conditions of Contract-September 1999 Pape 19
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SECTION GC 5.0-MATERIAL
GC 5.01 Supply of Material
.01 All Material necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to include full compensation for the supply of such Material.
GC 5.02 Quality of Material
.01 All Material supplied by the Contractor shall be new or unless otherwise specified in the Contract
Documents.
.02 Material supplied by the Contractor shall conform to the requirements of the Contract.
.03 .As specified or as requested by the Contract Administrator, the Contractor shall make available for
,inspection or testing a sample of any Material to be supplied by the Contractor—,.,
.04 The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the I
Material manufacturer-or supplier to carry out such inspection, sampling and testing as specified or a
requested by the Contract Administrator.
.05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance
of the Material shipping dates to enable the Contract Administrator to perform the required inspection,
sampling and testing.
.06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor
fails to give sufficient advance notice to the Contract Administrator to enable the Contract
Administrator to carry out the required inspection, sampling and testing before the scheduled shipping
date.
.07 The Contractor shall not change the source of supply of any Material without the written authorization
of the Contract Administrator.
.08 Material which is not specified shall be of a quality best suited to the purpose required and the use of
such Material shall be subject to the approval of the Contract Administrator.
GC 5.03, Rejected Material
.01 Rejected Material shall be removed from the Working Area expeditiously after the notification to that
effect from the Contract Administrator. Where the Contractor fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
disposed of in what the Contract Administrator considers to be the most appropriate manner and the
Contractor shall pay the costs of disposal and the appropriate overhead charges.
GC 5.04 Substitutions
.01 Where the specifications require the Contractor to supply a Material designated by a trade or other
name, the Tender shall be based only upon supply of the Material so designated, which shall be
regarded as the standard of quality required by the specification. After the acceptance of the Tender,
the Contractor may apply to the Contract Administrator to substitute another Material identified by a
different trade or other name for the Material designated as aforesaid. The application shall be in
writing and shall state the price for the proposed substitute Material designated as aforesaid, and
such other Information as the Contract Administrator may require.
Page 20 OPS General Conditions of Contract-September 1999
.02 Rulings on a proposed substitution will not be made prior to the acceptance of the Tender.
Substitutions shall not be made without the prior approval of the Contract Administrator. The
approval or rejection of a.proposed substitution will be made at the discretion of the Contract
Administrator.
.03 If the proposed substitution is approved by the Contract Administrator, the Contractor shall be entitled
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the
Contractor in writing or by issuance of a Certificate of Equality on the Owners standard form of
"Certification of Equality"'and if any adjustment to the Contract price,is made by reason of such
substitution a Change Order shall be issued as well.
GC 5.05 Owner Supplied Material
GC 5.05.01 Ordering of Excess Material
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.01 Where Material is supplied by the Owner,--and where-this.Material.is:ordered,'by the Contractor in
excess of the amount specified to complete the Work--'such::excess-.Material shall :become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 5.05.02 Care of Material
:01 -The-Contractor shall; in advance of receipt of shipments of Material.supplied by the.Owner, provide.
adequate and properstorage facilities acceptable to the Contract Administrator, and on the receipt of---
such Material shall promptly place it in storage except where it is to be incorporated forthwith into the
Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the
specified delivery point and for its safe handling and storage. If such Material is damaged while
under.the control of the Contractor it shall be replaced or repaired by the Contractor at no expense to
the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the
Contract Administratorfor reasons which are not the fault of the,Contractor it shall remain in.the care
and at the risk of the Contractor until its disposition has been determined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are discrepancies between the quantities received-and. the.;quantities shown on the bills of
lading, the Contractor shall immediately..report such damage,or discrepancies to the Contract
Administrator who shall arrange for an' immediate inspection...of.the..ahipment and provide the
Contractor with a written release from responsibility for such damage or-deficiencies. Where damage
or deficiencies are not so reported it will be assumed that the-shipment arrived in good order and any
damage or deficiencies reported thereafter shall be made good by
the Contractor at no extra cost to
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material
shall not, except with the written permission of the Contract Administrator, be used by the Contractor
for purposes other than the performance of the Work under the Contract.
.05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract
Documents.
OPS General Conditions of Contract-September IM Pape 21
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.06 The Contractor shall provide the Contract Administrator, immediately upon receipt of each shipment,
copies of bills of lading, or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract,
the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge
of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no
extra cost to the Owner.
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Pape 22 OPS General Conditions of Contract-September 1999
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SECTION GC 6.0-INSURANCE, PROTECTION AND DAMAGE
GC 6.01 Protection of Work, Persons and Property
.01 The Contractor, the Contractor's agents and all workers employed by or under the control of the
Contractor, including Subcontractors, shall protect the Work, persons and property from damage or
injury, and shall be responsible for all losses and damage which may arise as the result of the
Contractor's operations under the Contract unless indicated to the contrary below.
.02' The Contractor is responsible for the full cost of any necessary temporary provisions and the
restoration of all damage where the Contractor damages the Work or property in the performance of
the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property
the Contractor shall restore such damage, and such work shall be administered according to these
General Conditions.
.03 The Contractor shall immediately inform the'Contract Administrator of all-damage and injuries which
occur during the term of the Contract
.04 The Contractor shall not be responsible for loss and damage'that:occurs as a result of,
a) war,
b) blockades and civil commotions;
c) errors in the Contract Documents; or
d) acts or omissions of the Owner, the Contract Administrator, their.agents and employees,.or others
not under the control of the Contractor, but within the Working Area with the Owner's permission.
.05 The Contractor and his Surety or Sureties.shall not be released from any term or provision of any
responsibility, obligation or liability under the Contract or waive or impair any of the rights of the
Owner except by a release duly executed by the Owner.
GC 6.02 Indemnification
.01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their
agents, officers and employees from and against all claims, demands, losses, expenses, costs,
damages, actions, suits or proceedings. by third parties, hereinafter called "claims", directly or
indirectly arising or alleged to arise out of the performance of or the failure to perform the Work,
provided such claims are,
a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissions of the-Contractor or anyone:for..whose acts the Contractor
may be liable; and
c) made in writing within a period of 6 years from the date of Substantial-Performance of the Work as
set out in the Certificate of Substantial Performance of the Work or, where so specified in the
Contract from the date of certification of Final Acceptance.
.02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material fumished by the Contractor under the
Contract
.03 The Owner expressly waives the right to indemnity for claims other than those stated above in
paragraphs GC 6.02.01 and GC 6.02.02.
.04 The Owner shall indemnify and hold harmless the Contractor, his agents, officers and employees
from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or
proceedings arising out of the Contractor's performance of the Contract which are attributable to a
lack of or defect in title or an alleged lack of or defect in title to the Working Area.
OPS General Condltkm of Contract-September 1999 Page 23
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.05 The Contractor expressly waives the right to indemnity for claims other than those stated above in
paragraph GC 6.02.04.
GC 6.03 Contractor's Insurance
GC 6.03.01 General
.01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide,
maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so
specified in the Contract Documents.
GC 6.03.02 General Liability Insurance
.01 General liability insurance shall be in the name of the Contractor, with the Owner and the Contract
.-Administrator named as additional insureds, with limits of not less than 5 million_dollars inclusive per
occurrence for bodily injury, death, and damage to property including loss of use thereof, with a
property damage deductible of not more than $5000. The form of this insurance shall be the
.Insurance Bureau of Canada Form IBC 2100, dated 8-87.
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.02"~Another form of insurance equal to or better than that required in IBC Form 2100 may be used,
provided all the requirements listed in the Contract are included. Approval of this insurance will be
conditional upon the Contractor obtaining the services of an insurer licensed to underwrite insurance
in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required
insurance.
.03 The insurance shall be maintained continuously from the commencement of the Work until 12 months
following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial
Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and
with respect to completed operations coverage for a period of not less than 24 months from the date
of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be
maintained for a further period of 4 years.
.04, The Contractor shall submit annually to the Owner, proof of continuation of the completed operations
coverage and if the Contractor fails to do so, the limitation period for claiming indemnity described in
paragraph GC 6.02.01 c),will not be binding on the Owner.
.05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of
explosives for blasting, or pile driving or caisson work, or removal or weakening of support of property
building or land, IBC Form 2100 as required shall include the appropriate endorsements.
.06 The policies shall be endorsed to provide the Owner with not less than 30 Days' written notice in
advance of cancellation, change or amendment restricting coverage.
.07 "Claims Made"insurance policies will not be permitted.
GC 6.03.03 Automobile Liability Insurance
.01 Automobile liability insurance in respect of licensed vehicles shall have limits of not less than 5 million
dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms
endorsed to provide the Owner with not less than 30 Days' written notice in advance of any
cancellation, change or amendment restricting coverage:
a) standard non-owned automobile policy including standard contractual liability endorsement, and
b) standard owner's form automobile policy providing third party liability and accident benefits
insurance and covering licensed vehicles owned or operated by the Contractor.
Pape 24 OPS General CondWons of contract-September 1999
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GC 6.03.04 Aircraft and Watercraft Liability Insurance
.01 Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if
used directly or indirectly in the performance of the Work, including use of additional premises, shall
be subject to limits of not less than 5 million dollars inclusive per occurrence for bodily injury, death,
and damage to property including loss of use thereof, and limits of.not less than 5 million dollars for
aircraft passenger hazard. -Such insurance shall be in a form acceptable to the Owner. The policies
shall be endorsed to provide the Owner with not less than 30 Days written notice in advance of
cancellation, change or amendment restricting coverage.
GC 6.03.05 Property and Boiler Insurance
GC 6.03.05.01 Property Insurance
.01 • All risks property insurance shall be in the name of the.Contractory:;with the;.0 errand the Contract
Administrator named.as:additional insureds, insuring!.not.aess::than..the-,sum-.:of.the.amount of the
Contract price and the full value, as may.-be.stated-in ahe.Supptecnental„GeneraL..Conditions, of
Material aat is specified to be provided:by:the Owner=1l.for.incorporabon into..the..Work, with a
deductible not exceeding 1%of the amount insured at the site of the Work. This insurance shall be in
a form acceptable to the Owner and shall be maintained continuously until 10 Days.after.the date.of
Final Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.02 Boiler Insurance
-.01 -_Boller insurance insuring.the interests of the Contractor;the Ownerand the Contract:Administrator for
not less than the replacement value of boilers and pressure vessels forming part.of the Work, shall be
in a form acceptable to the Owner. This insurance shall be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Final
Acceptance of the Work, as set out in the Final Acceptance Certificate.
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GC 6.03.05.03 Use and Occupancy of the Work'Prior to Completion
.01 Should the Owner wish to use or occupy part or all of the Work prior.to Substantial Performance, the
Owner will give 30-Days'written notice to the*Contractor of the.intended purpose and extent of such
use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of
the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the
Owner's expense. If because of such use or occupancy the Contractor is unable to provide
coverage, the Owner upon written notice from.the.Contractor•and prior..to:such.-use.or,occupancy
shall provide,-maintain and pay for property and boiler insurance.insunng.the,full value of the Work,
including coverage for such use or occupancy, and shall.provide the,Contractor.with proof of such
insurance. The Contractor shall refund to the Owner the unearned :premiums applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shall provide that in the event of a loss or damage, payment shall be made,to the Owner
and the Contractor as their respective interests may appear. The Contractor shall act on behalf of
both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is determined the Contractor shall
proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party
under the Contract except that the Contractor shall be entitled to such reasonable extension of
Contract Time relative-to the extent of the loss or damage as the Contract Administrator may decide
in consultation with the Contractor.
OPS General Conditions of Contract-September 1999 Pope 26
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GC 6.03.05.04 Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds and in accordance with the
requirements of Section GC 8.0, Measurement and Payment. In addition the Contractor shall be
entitled to receive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies except where such
amounts may be excluded from the Contractor's responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment.
GC 6.03.06 Contractor's Equipment Insurance
.01 All risks Contractor's equipment insurance covering construction machinery and equipment used by I
the Contractor for the performance of the Work, including boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims
by the insurer against the Owner. The policies shall be endorsed to provide the Owner with not less
than 30 Days' written notice in advance of cancellation, change or amendment restricting coverage
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Contractor's Equipment, the Owner agrees to waive the equipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant.prior releases with respect to damage to
the Contractor's Equipment.
GC 6.03.07 Insurance Requirements and Duration
.01 Unless specified otherwise the duration of each insurance policy shall be from the date of
commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out
in the Final Acceptance Certificate.
.02 The Contractor shall provide the Owner, on a form acceptable to the Owner, proof of insurance prior
to commencement of the Work, and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the insurance. The certified true copy shall include a signature by an officer
of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the
broker.
.04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the
Owner, renewed proof of Insurance immediately following completion of renewal.
.05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts
under the policies.
.06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03,
Contractor's Insurance,or elsewhere in the Contract Documents, then the Owner will have the right to
provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost
thereof shall be payable by the Contractor to the Owner on demand.
Page 26 OPS General Condkions of Contract-September 1999
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.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date
on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct
the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04 Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender
documents.
:02 Such'bonds shall be issued bya duly licensed"surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be maintained In goo d standing until the fulfilment of
the Contract.
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OPS General conditions of Contract-September 1999 Pape 27
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SECTION GC 7.0 -CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01 General
.01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the performance of
the Work are known.
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
Contractor has received a written order to commence the Work, signed by the Contract Administrator.
.03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible
for construction means, methods, techniques, sequences and procedures and for coordinating the
various parts of the Work.
.04 The Contractor shall have the sole responsibility for the design, erection, operation,-maintenance and
removal of temporary structures and other temporary facilities and the design and execution of
:;construction methods required in their use.
.05 Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of construction in whole or
part, such facilities and methods shall be considered to be part of the design of the Work, and the
Contractor shall not.be held responsible for that part of the design.or the specified method of
construction. The Contractor shall, however, be responsible for the execution of such design or
specified method of construction in the same manner that the Contractor is responsible for the
execution of the Work.
.06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of i
the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation
213/91 (which regulates 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
defined by the Act, as the case may be. The Contractor shall ensure that
a) worker safety is given first priority in planning, pricing and performing the Work; j
b) its officers and supervisory employees have a working knowledge of the duties of a "constructor"
and "employer"as defined by the Act and the provisions of the Regulations applicable to the Work,
and a personal commitment to comply with them;
c)••a copy of the most current version of the Act and the Regulations are available at the Contractor's
office within the Working Area, or, in the absence of an office, in the possession of the supervisor
',responsible for the performance of the Work;
d).*orkers 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 and their employees are properly protected from injury while they are at the
work place.
.07 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 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.
Pape 28 OPS General CondiNpns of Contract.
September 1999
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.08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of
those products controlled under the Workplace Hazardous Materials Information System or WHMIS,
which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall
accompany the submission. All containers used in the application of products controlled under
WHMIS-shall be labelled. The Contractor shall notify the Contractor Administrator of changes in
writing and provide relevant Material Safety Data Sheets.
.09 The Contractor shall have an authorized representative on the site while any work is being performed,
to act for or on-the'Contractor's behalf. Prior to commencement of construction, the Contractor shall
notify the Contract Administrator of the names,.addresses;positions and telephone numbers of:the
Contractors representatives who can be contacted at any time to deal with matters relating to the
Contract.
.10 The Contractor'shall,-`at no-additional cost,to,the Owner, furnish all reasonable aid; facilities and
assistance required by the Contract Administrator for the.!proper.inspection-and examination of the
Work or the'taking of measurements for-the:purpose�ofpayment:
.11 The Contractor shall prepare, and update as required, a;construcfon.schedule indicating the timing of
the-major and critical activities of the Work. ,.The schedule-shall be designed to ensure conformity
with the specified Contract Time. The schedule shall be submitted to the Contract Administrator
within 14 Days from the date of the Contract award.
.12 Where the Contractor finds any error, inconsistency or omission relating to the Contract, the
Contractor-shall promptly-report it to the Contract Administrator and shall not proceed with the activity
affected until receiving'-direction from the Contract Administrator.
.13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all
underground utilities and service connections which may be affected by the Work. The Contractor
shall be responsible for any damage done to the underground utilities by the Contractor's forces
during construction if the stake out locations are within 'the tolerances given in-paragraph GC
2.01.01a).
GC 7.02 Layout
.01 Prior to commencement of construction;the Contract Administrator and the Contractor will locate on
site those property bars, baselines and benchmarks which are necessary to delineate the Working
Area and to lay outthe Work,all as shown on the Contract Drawings.
I_.
.02 The Contractor shall be responsible for the preservation of all property bars-while the Work is in
progress, except those property bars which must be removed.to_facilitate:..the Work. Any other
property bars disturbed, damaged or removed by the Contractor's operations shall be replaced by an
Ontario Land Surveyor, at the Contractor's expense.
.03 At no extra cost to the Owner, the Contractor shall ,provide the Contract Administrator with such
materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be
necessary for the inspection of the Work.
.04 The Contractor shall provide qualified personnel to lay out and establish all lines and grades
necessary for construction. The Contractor shall notify the Contract Administrator of any layout work
carried out, so that the same may be checked by the Contract Administrator.
.05 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The Contractor shall supply one copy of all
alignment and grade sheets to the Contract Administrator.
OPS General Condttlons of Contract•September 1999 Pape 29
.06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and
all parts of the Work, regardless of whether the Contractor's layout work has been checked by the
Contract Administrator.
.07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully
preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's
operations, such stakes, marks and reference points will be replaced by the Contract Administrator at
the Contractor's expense.
GC"7.03 Damage by Vehicles or Other Equipment
.01 If at any time, in the opinion of the Contract Administrator, damage is being done or is likely to be.
done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's
vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the
direction of the Contract Administrator, and at no extra cost to the Owner,. make changes or
11;
;substitutions for such vehicles or equipment, and shall alter loadings, or in some other manner,
.-remove the cause of such damage to the satisfaction of the Contract Administrator.
GC 7.04 Excess Loading of Motor Vehicles i
.01 'Where a vehicle is hauling Material for use on the Work, in whole or in part upon a Highway, and
where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit
such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, i
c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise,
I..
xcept where there are designated areas within the Working Area where overloading is permitted.
The Contractor shall bear the onus of weighing disputed loads.
GC 7.05 Condition of the Working Area
.01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of
debris, other than that caused by the Owner or others.
GC 7.06 Maintaining Roadways and Detours
.01 Where an existing Roadway is affected by construction, it shall be kept open to traffic, and the
Contractor shall, except as otherwise provided in this subsection, be responsible for providing and
maintaining for the duration of the Work, a road through the Working Area, whether along an existing
Highway, including the road under construction, or on detours within or adjacent to the Highway, in
accordance with the MUTCD.
.02 The"Contractor shall not be required to maintain a road through the Working Area until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply deicing chemicals or abrasives or carry out snowplowing.
. i
.03 Where localized and separated sections of the Highway only are affected by the Contractor's
operations, the Contractor will not be required to maintain intervening sections of the Highway until
such times as these sections are located within the limits of the Highway affected by the Contractor's
general operations under the Contract.
.04 Where the Contract Documents provide for or the Contract Administrator requires detours at speck
locations, payment for the construction of the detours, and if required, for the subsequent removal of
the detours, will be made at the Contract prices appropriate to such work.
Page 30 OPS General conditions of contract-September 1999
.05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area,
at the Owners expense. The road through the Working Area will include any detour constructed in
accordance with the Contract Documents or required by the Contract Administrator. Compensation
for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to
the work and; where there are no such prices, at negotiated prices. Notwithstanding the foregoing,
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
included in the prices bid for the various tender items and no additional payment will be made.
06* Where work under the'Contract is discontinued for any extended period including seasonal.shutdown,
'the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and
detours in a passable, safe and satisfactory condition for public travel.
.07 Where the Contractor constructs a detour which is .not specifically provided .for. in the Contract
Documents;or required by the-Contract Administrator, the construction of the detour and, if required,
the subsequent-removal shall be performed=at.the..Contractor's expense.,.The detour shall be
constructed and maintained to structural`.`and"geometric"standards--approVed by the Contract
Administrator. Removal and site 'restoration:.=shall -;be;performed:;as: directed by the Contract
Administrator.
:08 -Where, with'the prior written approval of the Contract.Administrator; the.Highway is closed and the
'traffic diverted entirely off the Highwayto any other Highway,the Contractor shall, at no extra cost to
the Owner;supply,'erect and maintain-traffic control devices in accordance with the MUTCD.
.09. Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations.under
subsection GC-6.01;' Protection -of'-Work, Persons'and`,'Property, dealing: with the. Contractor's
responsibility for damage claims,except for claims arising on sections of Highway within the Working
Area that are being maintained by others. .
GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility
Services
I
.01 The Contractor shall provide at all times, and at no extra cost to the Owner,
a) adequate pedestrian and vehicular access; and
b) continuity of Utility services
to properties adjoining the Working Area.
.02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants,
and water and gas valves located in the Working Area.
.03 Where any interruptions in the supply of..Utility services are•required:and..are authorized by the
Contract Administrator, the Contractor shall give the affected property owners notice in accordance
with subsection GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to
create a minimum of interference to those affected.
GC 7.08 Approvals and Permits
.01 Except as specified in subsection GC 4.02;Approval and Permits, the Contractor shall obtain and pay
for any permits, licenses,.and certificates which at the date of tender closing, are required for the
performance of the Work.
.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits
specified in paragraph GC 7.08.01.
OPS General Conditions of Contract-September IM Page M
I
GC 7.09 Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or
all of the Work and work shall not be resumed until the Contract Administrator so directs in writing.
Delays, in these circumstances,will be administered according to subsection GC 3.08, Delays.
GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract
.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
`,`of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without
prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or
trustee in bankruptcy written notice, terminate the Contract ,
I
.02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court
or other public authority and provided that such order was not issued as the result of an act or fault of
-ahe Contractor or of anyone directly employed or engaged by the Contractor,rthe Contractor may,
:without prejudice to any other right or remedy the Contractor may have, by giving the Owner written
notice,terminate the Contract
.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
Owner is in default of contractual obligations if,
a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section
GC 8.0, Measurement and Payment;
b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC
8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within
30 Days of an award by an arbitrator or court;or
c) the Owner violates the requirements of the Contract
.04 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 7
Days immediately following the receipt of the written notice the Contractor may, without prejudice to
any other right or remedy the Contractor may have, stop the Work or terminate the Contract
.05 If the Contractor terminates the Contract under the conditions set out in this subsection, the
Contractor shall be entitled to be paid for all work performed according to the Contract Documents
and for any losses or damage as the Contractor.may sustain as a result of the termination of the
Contract.
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GC 7:11 Notices by the Contractor
.01 Before work is carried out which may affect the property or operations of any Ministry or agency of
government or any person, company, partnership-or corporation, including a municipal corporation or
any board or commission thereof, and in addition to such notices of the commencement of specified
operations as are prescribed elsewhere in the Contract Documents, the Contractor shalt give at least
48 hours advance written notice of the date of commencement of such work to the person, company,
partnership, corporation, board, or commission so affected.
i
.02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm tiles,
or other public or privately owned works or property, the Contractor shall immediately notify the
Owner and the Contract Administrator of the location and details of such damage or interference.
Page 32 OPS General Conditions of Contract-September 1999
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GC 7.12 Obstructions
.01 Except as otherwise noted in these General Conditions, the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in the performance of the Work and any
traffic conditions, including traffic conditions on any Highway or road giving access to the Working
Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for
any loss, damage or expense occasioned thereby.
.02 Where the obstruction is z Utility or other man-made object, the Contractor,shall not be,required to,
assume the risks and responsibilities'arising out of such obstruction, unless the location of the
obstruction is'shown on the plans or described in the specifications and the location.so shown is
within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the
obstruction has otherwise been:made known to the Contractor or could have been determined by the
visual site investigation made by the Contractor in accordance with these General Conditions.
03 During the course of the Contract, it is the;Contractor's responsibilityto:consult. vith Utility companies
or otherappropriate authorities for further, in regard ao,the exactiocation.of these Utilities,
to exercise the necessary care in constriction'operations;-and-to°take-such-othbr,precautions as are
necessary to safeguard the Utility from damage.
GC 7.13 Limitations of Operations
.01 Except for such work as may required by the Contract Administrator-to maintain the Work in a safe
and satisfactory condition, the Contractor shall not carry on operations under the Contract on
Sundays without permission in writing from the Contract Administrator.
.02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they
shall be allowed access to their work or plant at all reasonable times.
GC 7.14 Cleaning Up Before Acceptance
.01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus-materials,
tools, construction machinery and equipment not required for the performance of the remaining Work. .
The Contractor shall also remove all temporary works and debris other than that caused by.the
Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the
Owner unless otherwise specified.
.02 The Work shall not be deemed to have reached Completion-until the-Contractor has removed surplus
materials, tools, construction machinery and"equipment. The Contractor shall also have removed
debris, other than that caused by the Owner, or others.
GC 7.15 Warranty
.01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the
design and specifications permit such performance.
.02 Subject to the previous'paragraph the Contractor shall correct promptly, at no additional cost to the
Owner, defects or deficiencies in the Work which appear,
a) prior to and during the period of 12 months from the date of Substantial Performance of the Work,
as set out in the.Certificate of Substantial Performance of the Work,
b) where the work is completed after the date of Substantial Performance, 12 months after
Completion of the Work,
c) where there is no Certificate of Substantial Performance, 12 months from th e date of Completion
of the Work as set out in the Completion Certificate, or
OPS General Conditions of Contract-September 1999 Pepe 33
d) such longer periods as may be specified for certain Materials or some of the Work.
The Contract Administrator will promptly give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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Page 34 OPS General Conditions of Contract-September 1999
i
SECTION GC 8.0-MEASUREMENT AND PAYMENT
GC 8.01 Measurement
GC 8.01.01 Quantities
.01 The Contract Administrator will make an estimate once a month, in writing,of the quantity of Work
performed. The first estimate will be the quantity of Work performed since the Contractor
commenced the Contract, and every,subsequent estimate; except the final one,will be of the.quantity
of Work performed since the preceding estimate was made. The Contract.Administrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date.
i' .02 Such quantities for progress payments-shall be construed and held to approximate.. The final
quantities forthe issuance of the Completion Certificate shall be based on the measurement of Work
completed.
.03-Measurement of the-quantities,of the:Work.,performed,,Wli be'either,,by4,Actual Measurement or by
do the4 Contract:, Adjustments to;Plan,.Quanbty measurements
anti principles as indicated J
Plan•Qu ty p p
�wili normally be made°using Plan`Quantity principles but may;-where appropriate; be made using
Actual Measurements. Those,items'identified onlhe Tender by.the,notation (P) in,the.unit column
shall be paid according'-td the"Plan Quantity. items where the notation (P) does not occur shall be
paid according-to Actual Measurement.
GC 8.01.02 Variations in Tender Quantities
.01 Where it,appears that the quantity of Work to be done'and/or,Material•to-be supplied by the
Contractor under a unit price tender item will exceed or be less than the tender quantity, the
Contractor shall proceed to do the Work and/or supply the Material required to complete the tender
item and payment will be made for the actual amount of Work done and/or Material supplied.at the
unit prices stated in the Tender except as provided below
j a)°In the case of a Major Item where the quantity of Work performed and/or Material supplied by the
Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make
a written request to the other party to'negotiate a revised unit price for that portion of the Work
performed and/or,Matedal supplied-which exceeds 115% of the'tender quantity. The negotiation
shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based
on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus
a reasonable allowance for-profit and applicable overhead.
b) In the case of a Major Item where the quantity•of'Wotk�performed'and/orMatedal supplied by the
Contractor is less than 85% of the tenderquantity, the Contractor may,make a written request to
negotiate for the portion of the actual:.overheads°and,fixed='sts:.applicable.to the amount of the
underrun in excess of 15% of the tender quantity: For purposes of the-negotiation, the overheads
and fixed costs*applicable to the item are deemed to have been prorated uniformly over 100% of
the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the
Contractor's senior financial officer or auditor and may be audited by the Owner. Altematively,
where both parties agree, an allowance equal to 10% of the'unit price on the amount of the
underrun in excess of 15%of the tender quantity will be paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Certificate.
GC 8.02 Payment
GC 8.02.01 Price for Work
.01 Prices for the Work shall be full compensation for all labour, Equipment and Material required in its
performance. The term "all labour, Equipment and Material' shall include Hand Tools, supplies and
other incidentals.
OPS General Condltlons of Contract-September 1999 Pape 35
.02 Payment for work not specifically detailed as part of any one item and without specified details of
payment will be deemed to be included in the items with which it is associated.
GC 8.02.02 Advance Payments for Material
.01 The Owner will make advance payments for Material intended for incorporation in the Work upon the
written request of the Contractor and according to the following terms and conditions:
a) The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facilities and notify the Contract Administrator of their locations.
b) The value of aggregates, processed and stockpiled,shall be assessed by the following procedure:
L Sources Other Than Commercial
(1)Granular'A', '6'and'M'shall be assessed at the rate of 60%of the Contract price.
(2)Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland
cement concrete shall be assessed at the rate of 25% of the Contract price for each
aggregate stockpiled.
Commercial Sources
Payment for separated coarse and fine aggregates will be considered at the above rate when
". such materials are stockpiled at a commercial source where further processing is to be carried +
out before incorporating such materials into a final product. Advance payments for other
materials located at a commercial source will not be made.
C) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be
based on the invoice price, and the Contractor shall submit proof of cost to the Contract
Administrator before payment can be made by the Owner.
d) The payment for all Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material. Such payment shall not exceed 80%
of the Contract price for the item.
e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of the material and shall thenceforth be held
by the Contractor in trust for the Owner as collateral security for any monies advanced by the
'Owner and for the due completion of the Work. The Contractor shall not exercise any act of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for inclusion in the Work,without the consent, in writing, of the Contract Administrator.
f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss, T
damage, theft, improper use or destruction of the material however caused.
I
.02 'Where the Owner makes advance payments subject to the conditions listed in paragraph GC
8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
shall only be determined when the material meets the requirements of the appropriate specification.
i
GC 8.02.03 Certification and Payment
GC 8.02:03.01 Progress Payment Certificate
.01 The value of the Work performed and Material supplied will be calculated once a month by the
Contract Administrator in accordance with the Contract Documents and .clause GC 8.01.01,
Quantities. i
.02 The progress Payment Certificate will show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Materials;
d) the amount of statutory holdback, liens, Owner's set-off;
e) the amount of GST as applicable; and
f) the amount due the Contractor.
Page 36 OPS General Conditions of Contract-September 1999
.03 One copy of the progress Payment Certificate will be sent to the Contractor.
.04 Payment will be made within 30 Days of the Cut-Off Date.
GC 8.02.03.02 Certification of Subcontract Completion
.01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the
Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the
Contract Administrator certify.the.completion of such subcontract.
.02 The Contract Administrator will issue a Certificate of Subcontract Completion if the subcontract has
inspection and testing of the works covered b the
been completed satisfactorily, and all required�lnspe 9 Y
subcontract have been carried out and the results are satisfactory..
.03 The'ContractAdministratorwill set out in the,Certificate;of.Subcontract:Completion the date.on which
-the subcontract-was completed and within'.�7 DayVofth dateaesubcontract;is certified:compiete,
the Contract Administrator will give a copy of the.certificate'-to-the:Contractor:and;to the Subcontractor
concerned.
l
GC 8.02.03.03 'Subcontract-Statutory Holdback Release Certificate.and Payment
.01 Following receipt of the Certificate of Subcontract.Completion, the,Owner will release and pay.the
Contractor the statutory holdback retained in respect of the.subcontract-.Such release.shaii,.be made_
46 Days after the,date the subcontract;was certified complete..and providing the.Contractor..aubmits
the following to the Contract Administrator
a) a document"satisfactory to the°Contract Administrator that will release the Owner from all further
claims relating to the subcontract, qualified by stated exceptions such as holdback monies;
b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all
liabilities incurred in carrying out the subcontract;
c) a satisfactory clearance certificate or letter from the Workplace. Safety and Insurance Board
relating to the subcontract;and
d) a copy ofthe.contractbetween.the Contractor and the Subcontractor and.a.satisfactory.statement
showing the total.amount due the Subcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum Items and then only when the Contract
Administrator specifically requests it
.03 Upon receipt of the statutory holdback, the Contractorshall forthwith give:-the Subcontractor the
payment due under the subcontract.
.04 Release of statutory holdback by the Owner in respect of a•subcontract shall not relieve the
Contractor, or the Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04 Certification of Substantial Performance
.01 Upon application by the Contractor and where the Contract has been substantially performed the
Contract Administrator will issue a Certificate of Substantial Performance.
.02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which
the Contract was substantially performed and within 7 Days after signing the said certificate the
Contract Administrator will provide a copy to the Contractor.
.03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as
required b Section 32(l) Paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as
q Y
amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall
include placement in the Daily Commercial News.
OPS General Conditions of contract-September 1899 Page 37
i
.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required
above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the
Owner may publish a copy of the certificate at the Contractor's expense.
.05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance
Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GG-8.02.03.05 Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract
Administrator will also issue the Substantial Performance Payment Certificate and the Substantial
Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined
{%ayment certificate.
02 , 'Fie
,, Substantial Performance Payment Certificate will show,
..
"a) he-value of Work performed to the date of Substantial Performance;
b) the value of outstanding or incomplete Work;
c) the amount of the statutory holdback, allowing for any previous releases of statutory holdback to
the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment;
d) the amount of maintenance security required; and
e) the amount due the Contractor.
.03 Payment of the amount certified will be made within 30 Days of the date of is of the payment
certificate.
.04 The Substantial Performance Statutory Holdback Release Payment Certificate rtrficate will be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after
the date of publication of the Certificate of Substantial Performance but subject to the provisions of
the Construction Lien Act and the submission by the Contractor of the following documents:
a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions such as
outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation;
b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred
;41by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been
"`discharged except for statutory holdbacks properly retained;
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board;and
d)pproof of publication of the Certificate of Substantial Performance.
.YZ I
GC 8.02.03.06 Certification of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract
Administrator will issue a Completion Certificate.
02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was
completed and within 7 Days of signing the said certificate the Contract Administrator will provide a
copy to the Contractor.
Page 38 OPS General Conditions of Contract-September 1999
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GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release
Payment Certificates
I
.01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator will
also issue the Completion Payment Certificate and the Completion Statutory Holdback Release
Payment Certificate or where appropriate, a combined payment certificate.
.02 The Completion Payment Certificate will show,
a) measurement and value of Work at Completion;
`b) -the amount of the further`statutory holdback based on the value of further work.completed over
and above the value of work completed shown in the Substantial Performance Payment Certificate
referred to above;and
c) the amount due the Contractor.
.03 The Completion Statutory Holdback Release,.Payment,,Certificate, wil11 be. a payment..ceeiicate
releasing-to the Contractor the'further statutory f tldback'',`Payment.ofsuch.'statutory holdback shall
be due 46 Days after the date of Completion of the•..Work,as established by:.;the;Completion-Certificate
but subject to the-provisions of the Construction Lien Act;and;the Submission:by.the Contractor of-the
( following documents:
j a) a release by. the Contractor iii a form satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract,' qualified by stated exceptions where
appropriate;
b) a statutory declaration in a form satisfactory to the.Contract Administrator that all:liabilities incurred
by the Contractor and the Contractor's Subcontractors in carving out the Contract have been
discharged,qualified by stated exceptions where appropriate; and
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board..
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GC 8.02.03.08 Interest
01 Interest due the Contractor is based on simple interest and is calculated.using the applicable Rate of
Interest.
GC 8.02.03.09 Interest for Late Payment
.01 Provided the Contractor has complied with the requirements of the Contract in
all
documentation requirements, when payment by the Owner to the Contractor for Work performed, or
for release of statutory holdback, is delayed by the Owner, then the Contractor shall be entitled to
receive interest on the outstanding payment at the Rate-of'interest, if payment is not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days after the Cut-Off Date;
b) Certificate of Subcontract Completion: - 30 Days after the date•certified as-the date on.which the
. subcontract was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
subcontract was completed;
d)'Substantial Performance Payment Certificate: 30 Days after the'date of issuance of the certificate.
e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after
publication of the Payment Certificate of Substantial Performance;
f) Completion Payment Certificate: 30 Days, after the date certified as the date on which the
Contract reached Completion;
g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as
the date which the Work was completed.
.02 If the Contractor has not complied with the requirements of the Contract, including all documentation
requirements, prior to expiration of the time periods described in paragraph GC 8.02.03.09.01,
interest will only begin to accrue when the Contractor has completed those requirements.
Page 39
OPS General Conditions of Contract-September 1999
GC 8.02.03.10 Interest for Negotiations and Claims
.01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the
subsequent claims are submitted in accordance with the time limits and/or procedure described by
subsection GC 3.14, Claims, Negotiations, Mediation, the Owner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled
claim. Such interest will not commence until 30 Days after the satisfactory completion of that part of
the Work.
-.rf .02 ;Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
.03 Where the Contractor fails to give notice of a claim within the time.limit prescribed by subsection GC
`3.14, Claims, Negotiations, Mediation, interest shall not be paid.
.04 =,V,here.a Contractor fails to comply with the 30-day time limit and the procedures prescribed in
TM pgragraph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period.
GC 8A2:0111 Owner's Set-Off
.01 :Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies owing to the
Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities
including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work,
claims for damages by third parties which have not been determined in writing by the Contractor's
insurer, undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06, Payment of Workers.
.02 Under these circumstances the Owner will give the Contractor appropriate notice of such action
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GC 8.02.03.12 Delay in Payment
.01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04 Payment on a Time and Material Basis
GC.8.02.04.01 Definitions
.01 For the purpose of this clause the following definitions apply:
Cost of Labour means the amount of wages, salary, travel, travel time,food, lodging or similar items and
Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively
and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour
' and supervision, but shall not include any payment or costs incurred for general supervision,
' administration of management time spent on the entire Work or any wages, salary or Payroll Burden for
which the Contractor is compensated by any payment made by the Owner for Equipment.
Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current
market prices, for the purpose of carrying out Extra Work, by the Contractor, or by others when such
arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices.
Operated Rented Equipment: means Rented Equipment for which an operator is provided by the
supplier of the equipment and for which the rent or lease includes the cost of the operator.
Page 40 OPS General Conditions of Contract-September 1999
Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment
insurance, public liability and property damage insurance, sickness and accident insurance, pension fund
and such other welfare and benefit payments forming part of the Contractors normal labour costs.
Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by
the Securities Act, R:S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator.
Road Work: means the preparation, construction, finishing and construction maintenance of roads,
"streets, highways and-parking'lots and includes all work incidental thereto other than.work on structures.
Sewer and Watermain Work: means the preparation, construction, finishing. and construction
maintenance-of sewer-systems and watermain systems;and includes all work incidental thereto other than
work on structures.
Stand by�Time: 'means any°period of time which`is`not-considered-Working,T.ime and which together with
the Working Time does not exceed 10-hours.-In'.any=eN. orking Day,:andAUdfig`:which-time.a unit of . . . -
equipment cannot'practically be used on otherwork°but must remain:on',the°ske-in-.order to-continue.with
-its,assigned task°and during which time the unit is in fully,operable condition.
Structure Work: means the construction, reconstruction, repair,-alteration, remodelling, renovation or
demolition of any bridge, building;tunnel or retaining wall and includes the preparation for and the laying of.
the foundation of any''bridge, building,-tunnel or*retaining wall and the installation of equipment and
appurtenances incidental thereto.
The 127 Rate: means the rate for a unit of equipment as listed in,OPSS 127, Schedule of Rental Rates
for Construction Equipment Including Model and Specification Reference, which is current at the time the
work is carried out or for equipment which is not so listed, the rate which has been calculated by the
Owner, using the same principles as used in determining The 127 Rates.
Work on a Time-and Material Basis: means Changes in the.Work, Extra Work and Additional Work
approved by the Contract Administrator•for-payment-on a Time-and Material,basis. The Work on a Time
and:!Material Basis shall be subject to all the terms, conditions, specifications and provisions of the
Contract
Working Time: means each period of time during which a unit of equipment is,actively and of necessity
:engaged on a specific operation and the first 2 hours of each.immediately following period during which
the unit is not so engaged but during which the operation;is.otherwise,proceeding.and during,which time
the unit cannot practically be transferred to other work but must remain on the site in order to continue with
its assigned tasks and during which time the-unit is.in-a fully operable condition.—
GC 8.02.04.02 Daily Work Records
.01 Daily Work Records prepared as the case may be by either the Contractor's representative or the
Contract Administrator and-reporting the labour and Equipment employed and the Material used on
each Time and Material project, shall be reconciled and signed each day by both the Contractor's
representative and the Contract Administrator.
GC 8.02.04.03 Payment for Work
.01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do
the Work on a Time and Material Basis except where there is agreement to the contrary prior to the
commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and
Material basis shall apply to each individual Change Order authorized by the Contract Administrator.
OPS General Conditions of Contract-September 1999 Page 41
GC 8.02.04.04 Payment for Labour
.01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of
the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of
$3000.
.02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at
the Contractor's actual cost of Payroll Burden.
.03=:At the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so
determined shall be applied to all Time and Material work on the Contract
GC 8.02.04.05 Payment for Material
.01 The Owner will pay the Contractor for Material used on each Time and Material project at 120%of the
4G6st,of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of
's.. GC8:02A4.06 Payment for Equipment
GC 8.02.04.06.01 Working Time
.01 The Owner will pay the Contractor for the Working Time of all equipment other than Rented
Equipment and Operated Rented Equipment used on the Work.on a Time and Material basis at The
127 Rates with a cost adjustment as follows:
a) Cost$10,000 or less-no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 - payment$10,000 plus 90% of the portion
in excess of$10,000; and
c) Cost greater than $20,000-$19,000 plus 80%of the portion in excess of$20,000.
.02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a
Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a
maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator
approves the invoice price prior to the use of the Rented Equipment
.03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the
Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price
approved by the Contract Administrator prior to the use of the equipment on the Work on a.Time and
Material Basis.
GC 8:07:'04:06.02 Standby Time
.01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by
the Contract Administrator. This will include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.
.02
In addition, the Owner will include the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the Work on a Time and Material Basis.
.03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to
the Work on Time and Material Basis to be returned to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such return.
Page 42 OPS General Condkiorn of Contract.September 1999
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.04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to
or from the Working Area on a Time and Material basis, payment will be made by the Owner only in
respect of the transporting units. When.Equipment is moved under its own power it shall be deemed
to be working. The method of moving Equipment and the rates shall be subject to the approval of the
Contract Administrator.
GC 8.02.04.07 Payment for Hand Tools
.01; Notwithstanding-any.other.provision of this.Section,.no:payment shall be.,made to.the.Contractor for.
or in respect of Hand Tools or equipment that are tools of the trade.
j GC 8.02.04.08 Payment for Work By Subcontractors
.01 Where the Contractor arranges for Work on aTme and Material Basis;or,.a part of it, to be.performed
by .Subcontractors,;on.�a,Time; and Material ,:basi&,•an&.has.ireceived apprq.v .,prior to the
-commencement-of`such.4ork;.-in' accordance with^ the: requirements _of subsection:;:GC. 3.10,
Subcontracting by,the'Cohtractor,,the-Owner will pay-the cost ofaVoric;on�a�ime;andilVlaterial Basis
by-,the Subcontractor calculated^as:if the.Contractor had-done-the Work.,on�3ime' nd.,Material Basis,
plus-a markup calculated on:the following basis:
a) 20%of the first.$3,000; plus
b) 15%of the amount from$3,000 to$10,000; plus
c) 5%of the amount in excess of$10,000.
02..,No further markup mill be.applied.regardless-of.the extent to.which,the work is assigned or sublet to.
others. If work is.assigned or sublet-to an-associate,.as defined by;the;Securities..Acf no markup.
whatsoever will be applied.
GC 8.02.04.09 Submission of Invoices
01 At the start of the Work-on a Time and Material Basis, the Contractor shall:provide.,.the,applicable
labour and Equipment rates not already submitted to.the Contract Administrator during the course of
such work.
02 -Separate,summaries shall be-completed by.the Contractor according to the standard form,"Summary, . .
for Payment-of Accounts on a .Time,and Material Basis". . Each.summary shall.include,the order
number and covering dates of the work and shall itemize.separately labour,Matedals.and Equipment.
':Invoices-for Materials, Rented Equipment and other charges incurred by the Contractor on the Work
on a Time and Material Basis shall be included with each summary_-
:03 Each month the.Contract Administrator will include with the.monthly-,pro.gress.paymei�;t;cpMfcate, the
costs of the Work on a Time and Material Basis incurred during the preceding month all in
accordance with the contract administrative.procedures and the Contractor's invoice of the Work on a
Time and Material Basis.
.04 The final"Summary for Payment of Accounts on a Time and Material Basis"shall be submitted by the
Contractor within 60 Days after the completion of the Work on a Time and Material Basis.
GC 8.02.05 Final Acceptance Certificate
.01 After the .acceptance of the .Work .the Contract Administrator will issue the Final Acceptance
Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance
Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case
may be, and the Contractor has discharged all obligations under the Contract.
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OPS General Conditions of Contract-September 1999
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GC 8.02.06 Payment of Workers
.01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in
accordance with the labour conditions set out in the Contract and at intervals of not less than twice a
month.
.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers
employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is
paid less than the amount required to be paid under the Contract, the Owner may set off monies in
accordance with clause GC 8.02.03.11, Owner's Set-Off.
GC 8.02.07 Records
.01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the
total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such
original Records until 12 months after the Final Acceptance Certificate is issued or until all claims
have been settled, whichever is longer. The Contractor shall require that Subcontractors employed I
by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra
Work and claims arising therefrom for a similar period of time.
.02 If, in the opinion of the Contract Administrator, Daily Work Records are required, such records shall
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Daily Work Records shall be reconciled with and signed by the Contractor's representative each
day.
.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. The Contractor shall supply
certified copies of any part of its Records required whenever requested by the Owner.
GC 8.02.08 Taxes and Duties
.01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing for
this Contract, and this change could not have been anticipated at the time of bidding, the Owner will
increase or decrease Contract payments to account for the exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a
statement of such benefits. This statement shall be submitted not later than 30 Days after Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left in
place form part of the finished Work, or the provision of services, where such services form part of the j
Work and where the manufacture or supply of such commodities or the provision of such services is
carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above.
Services in the latter context means the supply and operation of equipment, the provision of labour
and the supply of commodities,which do not form part of the Work.
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GC 8.02.09 Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work
in accordance with the Contract, the Contractor shall pay such amounts as are specified in the
Contract Documents.
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