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HomeMy WebLinkAbout2004-071 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- 071 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Lakeridge Contracting Ltd., Ajax, Ontario, to enter into agreement for the Sydney B. Rutherford Trail Entrance, Orono. 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, Lakeridge Contracting Ltd., Ajax, 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 22 day o0arch 2004. By-law read a third time and finally passed this 22 day orarch 2004. John yor= P tti L ne, nicfpalClerk l i C I,eadi�zg the Way Municipality of Clarington EXECUTED CONTRACT um i li kI , l I f engineers architects planners THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SYDNEY B. RUTHERFORD TRAIL ENTRANCE FEATURE ORONO CONTRACT NO. CL2003-33 DECEMBER 2003 um ■ engineers architects planners TSH No. 42-80316 i I AGREEMENT i THIS AGREEMENT made in triplicate this 17�'day of February, 2004 I BETWEEN: LAKERIDGE CONTRACTING LTD. of the Region of Durham and Province of Ontario hereinafter called the "Contractor" I THE PARTY OF THE FIRST PART - and- I CORPORATION OF THE MUNICIPALITY OF CLARINGTON I i hereinafter called the "Purchaser" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though i all the stipulations thereof have been embodied herein. I Page 1 of 3 i DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS Contract No. CL2003-33, Sydney B. Rutherford Trail Entrance Feature, Orono. I A. TENDER FORM: General Pages 1 and 2 Itemized Bid Pages 3 and 5 Bonds Schedule of Tender Data Page 7 B. TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 5 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 10 E. SPECIAL PROVISIONS — TENDER ITEMS Pages 1 to 5 I F. STANDARDS G. PLANS: Drawings No. 1 - 5 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 314 Dec. 1993 510 Nov. 2002 571 Aug. 1990 128 Current 351 Sept. 1996 570 Aug. 1990 572 Nov. 2001 206 Nov. 2000 355 Sept. 1996 1. 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 i accordance with this agreement on or before Friday June 18, 2004. 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. i 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. i Page 2 of 3 II IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their names and set their seals on the day first above written. I i i SIGNED and sealed by the Contractor Date in the presence of ) Date SIGNED and sealed by the Purchaser p rA / Date Joh on, Mayor in the presence of ) �+ Date Patti L Barrie, i P:\42-80316\specs\SigningDocs-Agr.doc Page 3 of 3 CONTRACT NO. CL2003-33 MUNICIPALITY OF CLARINGTON SYDNEY B. RUTHERFORD TRAIL ENTRANCE FEATURE ADDENDUM NO. I Contractors are hereby advised of the following modifications to Contract No. CL2003-33 INSTRUCTIONS TO TENDERERS Clause No. 4 "Bonds" is deleted. TENDER FORM It is not necessary to provide an "Agreement to Bond". The Municipality reserves the right to request surety as outlined in Clause No. 21 of the "Standard Terms and Conditions". All tenders must be submitted on the basis of this modification. This Addendum shall remain attached to and form part of all tenders submitted. TSH Engineers Architects Planners 513 Division Street Cobourg, Ontario K9A 5G6 January 7, 2004 P:\42-80316\specs\20070Add l.doc CONTRACT NO. CL2003-33 MUNICIPALITY OF CLARINGTON SYDNEY B. RUTHERFORD TRAIL ENTRANCE FEATURE ADDENDUM NO. 2 Contractors are hereby advised of the following modifications to Contract No. CL2003-33 SPECIAL PROVISIONS - TENDER ITEMS Supply and Installation of Plants Items No. 4 and 5 Shredded bark mulch shall be specified as Shredded Cedar Bark Mulch. Replace the sentence, "Excavated soil shall be mixed 3:1 with augmented topsoil or commercially prepared Triple Mix for planting backfill." with "All planting areas to be bulk excavated 450mm deep and filled with Triple Mix" Excavated material maybe used for staircase embankment if determined suitable by Engineer, otherwise it shall be removed off site. DRAWINGS Drawing No.'5 CONTINUOUS PLANTING BED DETAIL; the note "Remove all foreign material from existing soil. Backfill with existing soil mixed 2:1 with topsoil." shall be replaced with "All planting areas to be bulk excavated 450mm deep and filled with Triple Mix" All tenders must be submitted on the basis of this modification. This Addendum shall remain attached to and form part of all tenders submitted. TSH Engineers Architects Planners 513 Division Street Cobourg, Ontario K9A 5G6 January 12, 2004 P:\42-80316\specs\20070Add2.doe PROJECT: TENDER FOR CONTRACT NO. CL2003-33 SYDNEY B. RUTHERFORD TRAIL ENTRANCE FEATURE ORONO AUTHORITY: CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT ADMINISTRATOR: TSH ENGINEERS, ARCHITECTS and PLANNERS 513 DIVISION STREET COBOURG, ONTARIO K9A 5G6 Telephone: 905: 372-2121 Fax: 905: 372-3621 TENDERER: Lakeridge Contracting Ltd. Name 785 Westney Rd. S. Unit#19 Ajax, Ontario LlA 7G1 Address (include Postal Code) PH: 905-686-1640 FAX: 905-686-6642 Telephone and Fax Numbers Mr.Dean Maahs Name of Person Signing Sec./Tres. Position of Person Signing TENDERS RECEIVED BY: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 P:\42-80316\spm\SigningDms-TF.doc Page 1 of 7 pages TENDER CONTRACT NO. CL2003-33 To: The Mayor and Members of Council Corporation of the Municipality of Clarington Re: Contract No. CL2003-33 Sydney B. Rutherford Trail Entrance Feature, Orono Dear Mayor and Members of Council: The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as part of the work to be done under this Contract. The Contractor understands and accepts the said Plans, Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions, Specifications and Conditions. The Contractor understands and accepts that the quantities shown are approximate only, and are subject to increase, decrease, or deletion entirely if found not to be required. Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers, made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100% Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of receipt of Notice of Acceptance of the Tender. Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post, addressed to the Contractor at the address contained in this Tender. Page 2 of 7 pages ITEMIZED BID CONTRACT NO. CL2003-33 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2003-33 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 k a � y �X �[Il (?� pCQ. 1 Unilock Staircase 206 a) Excavation, Granular 'A' Base LS 7,750.00 SP and Grading SP b) Siena Coping Unit ea 41 200.00 8,200.00 SP c) Flagstone Landings m2 3 200.00 600.00 SP d) Tubular galvanized steel m 18 220.00 3,960.00 handrail on outside edge of staircase 2 206, 314 Supply and install limestone m 12 130.00 1,560.00 SP screening pathway 1200 mm wide, including excavation, compaction, and limestone screening surface 3 206 Grey Random Flagstone (40 mm to m2 105 110.00 11,550.00 SP 50 mm thick) incl. Excavation, 150 mm Granular 'A' Base, Aluminum Edge Restraint, Limestone Screenings Leveling Bed, Joint Filler 4 570 Supply and Installation of Plant SP Material a) Eastern Redbud, 125 cm(Cercis ea 4 105.00 420.00 canadensis) b) Rose of Sharon, 100 cm ea 1 40.00 40.00 (Hibiscus syriacus) c) Goldflame Spirea, 60 cm (Spirea ea 6 35.00 210.00 bumalda 'Goldflame') d) Bridlewreath Spirea, 80 cm ea 5 35.00 175.00 (Spirea vanhouttei) e) Dwarf Japanese Yew, 50 cm ea 6 70.00 420.00 (Taxus cuspidate 'Nana') Page 3 of 7 pages ITEMIZED BID CONTRACT NO. CL2003-33 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2003-33 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 � '�� "z`� '.;?.3.a�roa s� 1� _4 ", ��.�vea,y t `r Z ' x: '�3 '�.- SON ec ._ �� Descri"'">ion � i7nit, .,Quari Yt t U><�zt Pxxce ._; 'Total� f) Variegated Goutweed, 10 cm ea 70 5.00 350.00 pots of flat(Aegopodium podograria) g) Wavyleaf Plantain Lily, 1 gallon ea 12 13.00 156.00 (Hosta undulata 'Albo marginiata') h) Stella Red Daylily, 1 gallon ea 40 13.00 520.00 (Hemerocallis Stella Red) i) Maiden Grass, 1 gallon ea 11 15.00 165.00 (Miscanthus sinensis 'Gracillimus') j) Black-Eyed Susan, 1 gallon ea 28 13.00 364.00 (Rudbeckia hirta) 5 SP Mulch for Planting Bed m3 8 75.00 600.00 6 SP Limestone Boulders (8) 1200 x 450 t 11 260.00 2,860.00 x 900 7 351 Supply and Install Classic Benches ea 2 2,100.00 4,200.00 SP available from Classic Displays with Recycled Plastic Slats, colour sand, as per manufacturer's specifications and include 150 mm concrete base. 8 570, 572 Topsoil and Seed m2 80 12.00 960.00 SP 9 570, 571 Provisional Item m2 80 15.00 1,200.00 SP Topsoil and Sod Staked Total Part A (Carried to Summary) 46,260.00 Page 4 of 7 pages ITEMIZED BID CONTRACT NO. CL2003-33 In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for Contract No. CL2003-33 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 s ay4`�- a- �5. .:, , �`' y ;.: SUMMARY - Total Part A 46,260.00 Total (excluding GST) 46,260.00 GST (7% of Total) 3,238.20 OTNT� _ 10 ALTERNATE STAIRCASE PRICING SP a) Wood Staircase LS Deleted SP b) 400 mm diameter x 2 m ea Deleted concrete foundations Tenderer's GST Registration No. 87381 8421 P42-80316/Specs/1temB id-SignDocs.xls Page 5 of 7 pages AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL2003-33 s. WE, the Undersigned, HEREBY AGREE to become bound as Surety for ,, �r LAKERIDGE CONTRACTING LTD. Ch in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender Amount, and a' Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of thewTotaI Tender? Amount, and conforming to the Instruments of Contract attached hereto, for the fiill and due perormance of the works shown or described herein, if the Tender for Contract No. CL2003-33s acceptedxty the3Authority. s 3 O IT IS A CONDITION of this Agreement that if the abovesmenrioiedenders accepted, application for a Performance Bond and a Labour and Material Payment Bond must`be made`Co he Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the�Agreement shat be null and void. DATED AT this day chi 2003 4 Name of Bonding Company ' E N, kt� I ai} Signature of Authorized Person Signing for Bonding Company (BONDING COMPANY SEAL) Position (This Form shall be completed and attached to the Tender Submitted). Page 6 of 7 pages SCHEDULE OF TENDER DATA CONTRACT NO. CL2003-33 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 and 5 Agreement to Bond Page 6 Schedule of Tender Data Page 7 B. TERMS AND CONDITIONS C. INSTRUCTIONS TO TENDERERS Pages 1 to 5 D. SPECIAL PROVISIONS - GENERAL Pages 1 to 10 E. SPECIAL PROVISIONS — TENDER ITEMS Pages 1 to 5 F. STANDARDS G. PLANS: Drawings No. 1 - 5 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 314 Dec. 1993 510 Nov. 2002 571 Aug. 1990 128 Current 351 Sept. 1996 570 Aug. 1990 572 Nov. 2001 206 Nov. 2000 355 Sept. 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,41 Contract . CL2003-33, executed by me/us bearing date the 14°i day of January 2004 SIGNATURE POSITION SEC./TRES. (COMPANY SEAL) NAME OF FIRM LAKERIDGE CONTRACTING LTD. This is page 7 of 7 pages to be submitted as the tender submission for Contract No. CL2003-33. i I i �I I i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2003-33 I i I STANDARD TERMS AND CONDITIONS I P:\42-80316\specs\CL-Stand ardTermsandCon.doc I i STANDARD TERMS AND CONDITIONS The Municipality of Claringt on's"Standard Terms and Conditions" shall apply to this Contract except where noted below. Clause 8, Clause 8 of the"Standard Terms and conditions', shattion of the Contact. "Payments" of the"Special Provisions—General Sec ti of the"Standard Terms and conditions" shall be superceded by Clause 2, Clause 1 "Special Provisions—General" Section of the "Guaranteed Maintenance" of the" Contract. Terms and Conditions" is not applicable to this Contract. Clause 16 of the"Standard Clause Clause 23 of the"Standard Terms and Conditions" shall be superceded by C (September 1999)which requires a 6.03.02 of the OPS General Conditions of Contract (Sep $5,000,000.00 liability coverage. Clause 19, e"Standard Terms and Conditions" shall HMS superceded the�Special of th ) 6 em 2 System Clause S (w "Workplace Hazardous Materials Information y Provisions—General" Section of the Contract. l ,I i 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. 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 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. I STANDARD TERMS AND CONDITIONS (continued) 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. I 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 thereof. Work shall be subject to further inspection and approval by the Municipality. i 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. STANDARD TERMS AND CONDITIONS (continued) 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. 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. i 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the 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. 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. STANDARD TERMS AND CONDITIONS (continued) 9. PATENTS AND COPYRIGHTS-cont'd 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. STANDARD TERMS AND CONDITIONS (continued) 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 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. STANDARD TERMS AND CONDITIONS (continued) 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 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 bidder's expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. 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 (WSIB) Workplace Safety and Insurance Board Board has been received. The company shall if the Municipality in its absolute discretion so desires, be required to satisfy p Y p tY 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. STANDARD TERMS AND CONDITIONS (continued) 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 $3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The 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 f 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. 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 i 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. i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2003-33 i i I i i i INSTRUCTIONS TO TENDERERS P:\42-80316\specs\20041-IT,doc i INDEX INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2003-33 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 i 10. EXECUTE CONTRACT DOCUMENTS .................................................................................3 i 11. COMMENCEMENT OF WORK............................................................................................3 12. LOCATION......................................................................................................................3 13. SOILS INFORMATION AND CROSS-SECTIONS.....................................................................3 14. TENDERERS TO INVESTIGATE..........................................................................................4 15. INQUIRIES DURING TENDERING.......................................................................................4 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR............4 17. ADDENDA......................................................................................................................4 18. UTILITIES.......................................................................................................................4 19. TENDER OPENING MEETING............................................................................................5 20. PRE-CLOSING SITE MEETING ...........................................................................................5 i PAGE ONE INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2003-33 I 1. GENERAL SEALED Tenders plainly marked "Contract No. CL2003-33" will be received until: 2:00:00 P.M. LOCAL TIME, WEDNESDAY, JANUARY 14, 2004 � I and shall be addressed to: Mrs. Patti Barrie, Clerk Corporation of the Municipality of Clarington 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, payable to the Authority, as a guarantee for the execution of the Contract. \Total Ten$e�Amownt r�' Minimum bepos�t $ 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 i 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. i i INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2003-33 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. I 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. �i 12. LOCATION The work is located on the West side of Main Street, opposite Centre Street, Orono, Municipality of Clarington. I 13. SOILS INFORMATION AND CROSS-SECTIONS No soils investigation has been undertaken for this project. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2003-33 4. 14. TENDERERS TO INVESTIGATE Tenderers must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are commensurate with the nature of the work. It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements for interference with such service with the proper jurisdictional agency. 15. INQUIRIES DURING TENDERING The Tenderer is advised that inquiries regarding the interpretation of the plans or specifications, shall be directed to the Ron Albright, P.Eng., or Roy Kempton, P.Eng., TSH, Telephone: 905- 372-2121. 16. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall be interpreted as meaning the "Corporation of the Municipality of Clarington". i Wherever the word "Ministry", "M.T.C." or "M.T.0" appears it shall be deemed to mean the "Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington". i 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. 17. 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. 18. UTILITIES Plans illustrating proposals for the relocation of utilities are available for inspection at the office of the Contract Administrator. INSTRUCTIONS TO TENDERERS CONTRACT NO. CL2003-33 5, For additional information regarding existing utilities the Contractor may contact the following personnel: Veridian Hydro: Mr. Terence Butler, C.E.T. Tel: 888-420-0070 i Bell Canada: Ms. Lynne Tindall Tel: 905-433-3847 Enbridge/Consumers Gas: Mr. Frank Cholewa Tel: 800-361-0621 Ext: 2672 i Cable TV: Ms. Cindy Ward Tel: 905-436-4138 19. TENDER OPENING MEETING The tender opening meeting is scheduled to take place at 2:15:00 PM after the closing time and date in Meeting Room 1, Main Floor, 40 Temperance Street, Bowmanville, Ontario and interested bidders are invited to attend. 20. PRE-CLOSING SITE MEETING Contractors are advised that there will be a site meeting at the Trail Entrance at 3:00 P.M., Wednesday January 7, 2004 with Clarington and TSH staff to review the site and to address any questions bidders may have about the scope of the work. This is not a mandatory meeting and bidders will be allowed to bid if they are unable to attend. �f l �X i I CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2003-33 I SPECIAL PROVISIONS - GENERAL P:\42-80316\specs\20043-SPG.doc 'i INDEX SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2003-33 CLAUSE SUBJECT PAGE 1. PLAN QUANTITY ITEMS.................................................................................... 1 2. GUARANTEED MAINTENANCE.......................................................................... 1 3. CONTRACT TIME AND LIQUIDATED DAMAGES .................................................. 1 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE...............................................2 5. OPS GENERAL CONDITIONS ..............................................................................2 6. LAYOUT..........................................................................................................2 7. RESTRICTIONS ON OPEN BURNING....................................................................3 8. PAYMENTS ........ 9. UTILITIES ........................................................................................................3 10. HAUL ROADS...................................................................................................4 11. DUST CONTROL...............................................................................................4 12. TRAFFIC CONTROL, FLAGGING.........................................................................4 13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS............................................5 14. MAINTENANCE OF TRAFFIC .............................................................................5 15. EMERGENCY AND MAINTENANCE MEASURES...................................................6 16. ENGINEERING FIELD OFFICE ............................................................................6 17. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL .......................................6 18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES ....6 19. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ..............8 20. SPILLS REPORTING...........................................................................................8 21. PROTECTION OF WATER QUALITY ............. 22. TRAFFIC AND STREET SIGNS 9 ............................................................................ 23. GARBAGE COLLECTION....................................................................................9 24. ASPHALT MIX DESIGNS ....................................................................................9 25. REVIEW OF SHOP/WORKING DRAWINGS ............................................................9 26. AMENDMENT TO OPSS 1820 - CONCRETE PIPE ................................................. 10 27. DELIVERY OF TEST SAMPLES.......................................................................... 11 28. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES.......................................................................................................... 11 29. CONFINED SPACE ENTRY ............................................................................... 11 30. ENTRY ONTO PRIVATE PROPERTY .................................................................. 12 31. STORAGE AREAS.... ............................................... 32. CONSTRUCTION LIEN ACT.............................................................................. 12 33. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR................................................................................................ 14 SCHEDULE (C) CONTRACTOR SAFETY - POLICY AND PROCEDURE i PAGE ONE SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2003-33 1. PLAN QUANTITY ITEMS Measurement for payment of the items designated(P)in the itemized bid is by plan quantity, as may be revised by adjusted plan quantity. 2. GUARANTEED MAINTENANCE Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Authority or the Contract Administrator. The decision of the Authority and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section. 3. CONTRACT TIME AND LIQUIDATED DAMAGES (1) Time Time shall be the essence of this Contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC 1.06. i (2) Progress of the Work and Contract Time The Contractor shall accomplish completion of this Contract as defined in GC1.06 of the General Conditions on or before Friday June 18, 2004. If the contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. i SPECIAL PROVISIONS- GENERAL CONTRACT NO. CL2003-33 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 FOUR HUNDRED DOLLARS ($400.00) as liquidated damages for each and every calendar day's delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Authority which will accrue during the period in excess of the prescribed date for completion. The Authority may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Authority. 4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE Authorized representative as referenced in GC7.01.09 is defined as an employee of the Contractor. 5. OPS GENERAL CONDITIONS I Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the OPS General Conditions of Contract, September 1999. 6. LAYOUT Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by the addition of the following: The Contract Administrator shall lay out and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of his requirements to permit appropriate scheduling of the layout work. The layout performed by the Contract Administrator shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents, but shall not relieve the Contractor of his responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include but not necessarily be limited to hand and line levels, boning rods, tape measures, lasers, etc. i SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2003-33 3. 7. RESTRICTIONS ON OPEN BURNING Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material. 8. PAYMENTS Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.03 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Authority may withhold 2-1/2 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 GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. I The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Authority may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. 9. UTILITIES Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. The Authority will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2003-33 4. The location and depth of underground utilities shown on the Contract drawings, are based on the investigations made by the Authority. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage. 10. HAUL ROADS When so required by the Contract Administrator, payment for maintenance and restoration of haul roads will be made for the materials provided and the work performed as specified, at tender prices, or at negotiated prices. 11. DUST CONTROL As a part of the work required under Section GC7.06 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor 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. i 12. TRAFFIC CONTROL, FLAGGING Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual). Each flagman shall, while controlling traffic, wear the following: (i) an approved fluorescent blaze orange or fluorescent red safety vest, and (ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and (iii) an approved fluorescent blaze orange or fluorescent red hat. i SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2003-33 5. 13. 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 "OTM Book 7". As a minimum requirement and without restricting the Contract Administrator or the Authority in requiring further controls, the following signs shall be supplied: Sign Number Sign Message Number Required TC-1 Construction 2 TC-41A Construction Zone Begins 1 TC-41B Construction Zone Ends 1 Traffic controls shall be operational before work affecting traffic begins. 14. MAINTENANCE OF TRAFFIC Traffic shall be maintained at all times on Main Street. Lane reduction may be temporarily implemented on Main Street with the approval of the Contract Administrator for the purposes of material supply. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. iNo deviation from the above procedure will be allowed except with the approval of the Engineer. The Contractor shall be responsible for all signing at the contract limits and within the contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closure at least 24 hours in advance of such closure and to notify these same authorities when such closures are no longer in effect. It is the Contractor's responsibility to advertise all road closures in local newspapers a minimum of one week in advance of such closure. The newspaper advertisement shall indicate the date of closing of the roadway and the length of time for which the road will be closed. This advertising is in addition to the notification required for Police, Fire, Hospital and Ambulance as indicated above. The Contractor shall be responsible for all detour signing outside the contract limits. i i SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2003-33 6, 15. 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. 16. 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. i 17. 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. 18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES In accordance with the requirements of Section 18a(1) of the Occupational Health and Safety Act, the Authority has determined that the designated substances as listed hereunder are present on the site and within the limits of this Contract. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2003-33 7. Designated Identified on this Site Location Substance Acrylonitrile No Arsenic No Asbestos No Benzene No Coke Oven Emissions No Ethylene Oxide No Isocynates No Lead No Mercury No Silica No Vinyl Chloride No It is the responsibility of the Contractor to ensure that all sub-contractors performing work under this Contract have received a copy of this specification, where Designated Substances are identified as being present at the site of the work. The Contractor shall comply with the governing Ministry of Labour Regulations respecting protection of workers, removal, handling and disposition of the Designated Substances encountered on this Contract. Prior to commencement of this work, the Contractor shall provide written notification to the Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario. M411 1A8, of the location(s) proposed for disposal of Designated Substances. A copy of the notification shall be provided to the Contract Administrator a minimum of two weeks in advance of work starting. i In the event that the Ministry of the Environment has concerns with any proposed disposal location, further notification shall be provided until the Ministry of the Environment's concerns have been addressed. All costs associated with the removal and disposition of Designated Substances herein identified, shall be deemed to be included in the appropriate tender items. Should a Designated Substance not herein identified be encountered in the work, then management of such substance shall be treated as Extra Work. The requirements of Section GC4.03 of the General Conditions of the Contract shall apply. i SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2003-33 8. 19. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Section GC4.03.06 is deleted and replaced with the following: Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS which he expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator of changes to the list in writing and p Y provide the relevant Material Safety Data Sheets. 20. SPILLS REPORTING Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges. i 21. 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. i ! SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2003-33 9, 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. i 22. TRAFFIC AND STREET SIGNS j The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Authority's Works Department Yard, for re-erection by the Authority following completion of the work. I Scheduling for sign removal shall be as approved in advance by the Contract Administrator. j Regulatory signs such as "Stop" and "Yield" must be maintained throughout. 23. GARBAGE COLLECTION The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick-up. 24. ASPHALT MIX DESIGNS The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to ithe Contract Administrator for his approval and no work shall commence until the design mixes i are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix i required by this Contract. I 25. REVIEW OF SHOP/WORKING DRAWINGS For the portions of the work to be done under this Contract where detail drawings are to be supplied by the Contractor, six (6) copies of same, together with specifications, l�us such additional copies as the Contractor and his subcontractors may require, shall be submitted to the Contract Administrator for review. SPECIAL PROVISIONS -GENERAL CONTRACT NO. CL2003-33 10. The Contractor or his Subcontractor shall check and initial all shop drawings before submission to the Contract Administrator so as to intercept and correct any major errors or omissions. Shop drawings will not be reviewed by the Contract Administrator unless they have been previously checked by the Contractor. The review by the Contract Administrator is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Contract Administrator approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. Work which relates to the shop drawings shall not be carried out before the Contract Administrator's review of the shop drawings is complete. 26. AMENDMENT TO OPSS 1820 — CONCRETE PIPE Section 1820.02, References, of OPSS 1820 is deleted and replaced by the following: 1820.02 References This specification refers to the following standards, specifications, or publications: Ontario Provincial Standards Specifications (Material) CSA Standard A257-M1982 - Standards for Concrete Pipe Section 1820.07, Production, of OPSS 1820 is deleted and replaced by the following: 1820.07 Production 1820.07.01 General Production methods shall conform to the requirements of CSA A257.1 and CSA A257.2. Pipe for use in sewers up to and including 900 mm designated internal diameter shall be pipe of the size and class required, and shall conform to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants. i SPECIAL PROVISIONS- GENERAL CONTRACT NO. CL2003-33 11. The plant shall have a valid Pre-qualification Certificate at the time of production and delivery of the pipe. i 1820.07.02 Marking Marking shall conform to the requirements of CSA Standard A257.1M or A257.2M. jPipe conforming to the MOE Pre-qualification Requirements for Concrete Sewer Pipe Plants shall bear the letters "MOE". Jacking Pipe shall be marked with the words "Jacking Quality". 27. DELIVERY OF TEST SAMPLES The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders and asphalt samples to a designated testing laboratory. For this contract the designated site for delivery of samples is TSH Cobourg. I 28. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED SPACES I Clause GC7.01.06 of the OPS General Conditions of Contract is amended by the addition of the following: I Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site. j 29. CONFINED SPACE ENTRY i Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: i SPECIAL PROVISIONS - GENERAL CONTRACT NO. CL2003-33 12. • Mechanical Ventilation Equipment • Gloves • Gas Detector (C95-80) • Full body harness securely attached to a rope • Rope • Gas mask or dust, mist or fume respirator (optional) • 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily j available to supply air for instant egress) • 7 minute Escape Pack • Explosion-proof temporary lighting • Adequate clothing to ensure protection against abrasions and contamination. In addition the Contractor shall provide a competent person who shall inspect all safety equipment t prior to use to ensure that it is in good working order and appropriate for the task at hand. 30. 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. 31. 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. 32. CONSTRUCTION LIEN ACT The Contractor shall give the Authority notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien, the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Authority and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Authority under the Contract Documents. i I SPECIAL PROVISIONS- GENERAL CONTRACT NO. CL2003-33 13. 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. I i I I I I I i SPECIAL PROVISIONS-GENERAL CONTRACT NO. CL2003-33 14. 33. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE CONTRACTOR Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract: Date ....................... To: Mr. A..S. Cannella, C.E.T. Director of Engineering Services Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. LlA 3A6 I i Re: Contract No. CL2003-33 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, .................................. I 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. i SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE POLICY: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the awarding of contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: • the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the rp oject; • every employer and every worker performing work on the proiect complies with the Occupational Health and Safety Act and the Regulations (under the Act); and the health and safety of workers on the rp oiect is protected. • Where so prescribed, a constructor shall, before commencing any work on a project, give to a Director notice in writing of the project containing such information as may be prescribed. i DEFINITIONS: Contractor- any individual or firm engaged by the Municipality to do work on behalf of the Municipality. Project- means a construction project, whether public or private, including, • the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof, • the moving of a building or structure, and • any work or undertaking, or any lands or appurtenances used in connection with construction. i Construction- includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. I i i I SCHEDULE (C CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... Constructor- means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer. Project Manager- means the municipal management representative who has responsibility for a contract. PROCEDURE: The following items are required before any Contractors are hired by the Municipality. a) Before beginning a project, the project manager or delegate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or delegate must include, as part of the request for tender/quotations, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. C) The request for tender/quotations will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, contractor(s)will be required to complete and sign the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will maintain all contractors safety performance records. e) As part of the tender/quotation conditions, before award of a contract, the contractor will be required to provide proof that all workers involved with the j project have the proper WHMIS training, as required by the Occupational Health and Safety Act. f) As part of the tender/quotation conditions, before award of a contract, the contractor must provide details of their Health and Safety program. g) The project manager or delegate must provide the successful contractor with a workplace orientation, which will include, but not limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. A workplace orientation/Job Safety Instruction Checklist to be completed (see Compliance page 9). h) Before the start of the assignment, the following documentation will be provided to the successful contractor, by the project manager or delegate. i) Copies of the Municipal Corporate Health and Safety Program ii) Departmental health and safety policies iii) Workplace procedures regarding health and safety practices. i SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... i) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. j) The Municipality will retain the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are not in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if there are any violations by the contractor of the Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. Written warnings and/or stop work orders can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Schedule "B"). k) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe conditions. 1) The Purchasing Department will maintain current certificates of clearance until all monies owing have been paid to the contractor. m) Responsibility for ensuring contractor compliance to this policy falls upon the project manager or designate. This will include identification, evaluation and control practices and procedures for hazards and follow-up and issuing of Contractor Health and Safety Warning/Stop Work Orders. i SCHEDULE (C) CONTRACTOR SAFETY POLICY AND PROCEDURE Continued... HEALTH AND SAFETY PRACTICE FORM To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. In order to evaluate your company's health and safety experience, please provide the accident/incident and/or 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 I ............................................................................................. i 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 I ............................................................................................. • 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). I • 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.) i i 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 contract/tender. ............................................................................................................................ Contractor Name of Person Signing for Contractor ........................................................................................................................... Signature of Contractor Date I i i i i I i 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: I PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER) I I i SCHEDULE (C) CONTRACTOR SAFETY DATE & TIME OF INFRACTION: DESCRIPTION OF INFRACTION INCLUDING LOCATION: I ORDER GIVEN BY MUNICIPALITY: DID THE CONTRACTOR COMPLY WITH THIS ORDER? DATE & TIME OF COMPLIANCE: ISSUED TO: CONTRACTOR'S EMPLOYEE TITLE ISSUED BY: MUNICIPAL EMPLOYEE, DEPARTMENT TITLE i 1 PART "C" -ADDITIONAL COMMENTS THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS i SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME WORK RESUMED, FURTHER ACTION TAKEN, ETC. PA42-803181specs\CL-Health and Safety Praclice.doc i CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2003-33 SPECIAL PROVISIONS - TENDER ITEMS P:\42-80316\specs\20044-SP-Tl.doc PAGE ONE SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2003-33 UNILOCK STAIRCASE - ITEMS NO. 1(a), 1(b), 1(c) and 1(d) 1(a) EXCAVATION, GRANULAR `A' BASE AND GRADING Under this Item for the lump sum bid the Contractor shall undertake the following work: • Excavation and grading, placing and compacting of excavated material • Benching as required with staircase fill placement • Supply, placing and compacting of Granular `A' base to a minimum depth of 200 mm for tread • Construction of 150 mm minimum depth swale on the south side of the staircase The embankment for the staircase shall be constructed with a minimum width of 300 nun beyond the north edge of the staircase (See Drawing No. 3). 1(b) SIENA COPING UNIT Work under this Item shall include; • Fine grading of base to receive coping units • Supply and place Siena coping units, colour natural • Bond copings with an adhesive recommended by Unilock. Copings units shall be placed to provide a minimum tread width of 300 mm on the inside of the curved staircase. 1(c) and (3)FLAGSTONE LANDINGS AND PAVED AREAS Work under these Items shall include the following; • Excavation, grading and compacting of flagstone paved area, under Item No. 3 • Supply,placing and compacting of Granular `A' base to a depth of 150 mm under Item No. 3 • Supply, placing and compacting a 25 mm deep levelling bed in limestone screenings • Supply and place flagstone pavers • Supply, place and brush limestone screenings into joints in pavers (See detail Drawing No. 5). • Supply and install Permaloc aluminum edge restraint on the north edge of the staircase. Restraint shall have a black duraflex finish applied by the Manufacturer. 1(d) TUBULAR GALVANIZED STEEL HANDRAIL Work under this Item shall include the following: SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2003-33 2. • Construction of concrete footings in 20 Mpa concrete. Footings shalld in original ground as per detail on Drawing No. 3 • Supply and install galvanized pipe socket and cap in accordance with 101 • Supply and erect galvanized steel handrail in accordance with OPSD including two end sections, on the north side of the staircase • Caulk post inserts with non shrink cement grout LIMESTONE PATIiEWAY-ITEM NO. 2 Work under this Item shall include: • Excavation, grading and compacting p g path subgrade • Supply, placing and compacting 150 mm depth of limestone screeni • Supply and installation of Permaloc aluminum edge restraint adjacen rass and planting areas. SUPPLY AND INSTALLATION OF PLANTS- ITEMS NO. 4 AND Payment shall be made under this item for the supply and planting of tre hrubs according with the landscape plan and planting details in the Contract Drawings. All pla nd related work shall be done by experienced, qualified personnel under the direction and supervi foremen with at least five (5) years of horticultural and nlantin exnerience. The Contractor m.a member of Landscape Ontario. All plant material shall meet the horticultural standards of the Canadian Trades Association with respect to grading and quality. They shall be nurse grown, under r horticultural practices as recommended by the Canadian Nursery Trades Asso ation. Nomencl of specified plants shall conform to the International Code of Nomenclature for Cultivated Plants shall be in accordance with the approved scientific names given in the latest edition of the Stan ed Plant Names. The names of varieties not named therein are generally in conformity with th es accepted in the nursery trade.` Substitutions for the specified plants will not be accepted unless approv writing by the Engineer. Notify Engineer of source of material at least 7 days in advance of ship Make plant material available for inspection at source of supply or upon arrival at site. Appr I of plant material at source of supply does not ensure acceptance upon arrival on project site or dur ,the course of construction. The Engineer reserves the right to reject any plant material whether plaid or not, which does not conform to the specifications. Do not remove any labels from plants untthey have been inspected and approved by the Engineer. All plant materials which cannot be planted immediately upon arrival on the site shall be well protected with soil or similar material to prevent drying out and shall be kept moist until commencement of planting. Coordinate shipping of plants and excavation of holes to ensure minimum time lapse between SPECIAL PROVISIONS — TENDER ITEMS CONTRACT NO. CL2003-33 3. digging and planting. Ensure that trees are protected from abrasion, breakage, and exposure during transit. Root balls shall not be cracked, broken, or damaged at time of planting. Plants shall be true to type and structurally sound, with straight trunks and leaders intact, and be well and characteristically branched for the species. All plant material to be free of disease, insect infestation, rodent damage, sun scald, frost cracks and other abrasions or scars to the bark. They shall be densely foliated when in leaf and have a healthy, well developed root system. Planting shall be done during periods suitable with respect to weather conditions and locally accepted practice, and to the Engineer's approval. Excess excavated material shall be removed from site. Excavated soil shall be mixed 3:1 with augmented topsoil or commercially prepared Triple Mix for planting backfill. All debris, clay lumps, roots and stones over 50 mm in diameter and other extraneous matter shall be removed from excavated soil to be used in backfill and disposed of off site. Topsoil shall be fertile, friable, natural loam containing not less than 4% organic matter, capable of sustaining vigorous plant growth. It shall be free of any admixture of subsoil, clay lumps or weeds, and free of stones and roots over 50 mm in diameter and other extraneous matter. The topsoil to be used shall be tested, and the results of the soil test shall be provided to the Engineer prior to installation. In areas to receive EcoBlanket where plants are being planted in fill material, all excavated material shall be removed from site and topsoil or Triple Mix shall be used for planting backfill. Plants shall be planted prior to installation of EcoBlanket, with the base of plants situated flush with finished grade of EcoBlanket. Remove all ropes, wires, etc., and cut burlap away from at least the top half of the root ball. At least the top half of the wire basket shall be removed. Pots shall be removed from potted plant material. Backfill and tamp soil mixture in layers not exceeding 150 mm depth. Soak the soil mixture thoroughly with water when the hole is half filled, and water thoroughly immediately after planting is complete. Provide a corrugated PVC trunk guard for all deciduous trees. Fasten guard using plastic lock ties. Shredded bark mulch free of any granular and organic material will be applied over planting pit areas to a compressed depth of 100 mm. A sample of the mulch to be used shall be submitted to the Engineer for approval. Mulch shall be kept 100 mm away from trunks of trees and shrubs. Maintain all plant material and assume full responsibility for protection of all planted areas until final acceptance of all project work. Submit a written guarantee to the effect that all materials and workmanship be guaranteed for a period of two (2) years following project completion. Keep planted areas free of weeds at all times. Remove all debris, broken branches, etc., and maintain planted areas in neat condition at all times. Water when necessary, with sufficient quantities to moisten the entire root system. Use chemicals as necessary for weed, disease, and insect control in strict accordance with manufacturer's recommendations, and in compliance with applicable pesticide control regulations. Assume full responsibility for any damage that may result from the use of such chemicals. The warranty on replacement plant material shall be extended for a period equal to the original warranty period. Final inspection of all plantings shall be made at the end of the specified guarantee period. All stakes, ties, and wires used for staking shall be removed at the end of the guarantee period. At the time of SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2003-33 4. inspection, all plants shall be alive and in a healthy, satisfactory growing condition. All plant material found dead, or not in a healthy, satisfactory growing condition, or which in any way do not meet the requirements of the specifications, shall be replaced by the Contractor at the Contractor's expense. All required replacements shall be plants of the same size and species as specified on the plant list and shall be supplied and planted in accordance with the drawings and specifications. Owner reserves the right to extend Contractor's warranty responsibilities for an additional year if, at end of initial warranty period, leaf development and growth is not sufficient to ensure future survival. LIMESTONE BOULERS - ITEM NO. 6 Work under this Item shall include; • Excavation to form bedding pit for boulders • Supply and placing weathered limestone boulders of the approximate dimensions shown on Drawing No. 5 • Supply, placing and compacting Granular `A' to a minimum depth of 150 mm as base SUPPLY AND INSTALL BENCHES - ITEM NO. 7 Payment under this Item for the supply and placing of benches as specified on Drawing No. 5. The work shall include the following; • Excavation for bench fastening concrete slab as detailed on Drawing No. 5 and compaction of subgrade • Supply, placing and compacting Granular `A' as base to concrete slab, minimum depth 150 mm Slab shall be given a stiff broom finish • Supply and place 20 Mpa concrete in slab • Supply and install galvanized anchor bolts as per detail on Drawing No. 5, four bolts per bench. The Contractor shall note the option for base slab if Siena stone staircase is constructed. TOPSOIL AND SEED - ITEM NO. 8 Under this Item, the Contractor shall supply and place 100 mm of imported topsoil on disturbed grassed areas. Seed shall be standard roadside mix applied at the rate shown in Table No. 2 in OPSS 572. SPECIAL PROVISIONS - TENDER ITEMS CONTRACT NO. CL2003-33 5. TOPSOIL AND SOD (PROVISIONAL) - ITEM NO. 9 Payment shall be made under this Item for the supply and placing of 100 mm of imported topsoil on disturbed grassed areas.. Sod shall be No. 1 Nursery sod staked. No work shall be carried out under this Item without the approval of the Contract Administrator. ALTERNATIVE STAIRCASE PRICING - ITEM NO. 10(a) The price under this Item shall cover all labour, equipment and materials to construct wooden staircase, as detailed on Drawing No. 4, in pressure treated pine. The price for this work shall be taken into account in evaluating the tenders which may mean that the lowest tender is not necessarily accepted. The unit price for Item No. 10 must be a fair and balanced pricing of the work to complete the wooden staircase. 400 mm DIA. CONCRETE FOUNDATIONS - ITEM NO. 10(b) Foundation shall be constructed as detailed on Drawing No. 4 in 20 Mpa concrete. Cost shall include supply and installation of bent steel plate and anchor. i i i i CORPORATION OF THE MUNICIPALITY OF CLARINGTON i CONTRACT NO. CL2003-33 I i i i i i STANDARD DRAWINGS I i PAGE ONE STANDARD DRAWINGS CONTRACT NO. CL2003-33 i STANDARD NO. DESCRIPTION I OPSD: 980.101 Handrail - Pedestrian Installation I I i i i i i i I lY/ gi E ° W MO o' J Jy 0 c0 I � V) 0- 0 V) c - N O N 0 C � O c -1° Li O I I I I I I I I I I 0(/0 E i 0 x-C to C 0- 0 O J 0 0-0 O.N N 'v L- 0 (D c � O I +JO c 0 0-v— + °v ° 0< U c o 0 E: C-4 o L a) m V L E aO 1 ; C:n c 0C ac > CL O 0 NE a c QW) -0 0 .0 (n 0 0 0 O o O p C 0 X o> '° ° II ` O c N ( -z 00 N tO p � a� O a� CO M n ° CO a c= 0 '3 L nX E E ° av : L c -0 o 0m ° °� Y0 w -C 00 ° E (n °oo C: C:0 o — °v~i —s in ° `` U Oaro z w O C 1 N = a d 0 Q L Q Q 0 Md ) .a Z Z N n Q m 0 0 W U- 0 0) v ��°, �. ci .3 m Q cn o I to ;' ... :►,:I o 1 LO O ' S F- C m In _-.1; O J 0 Y (n U v_ o SL orn V) U "j IQ- ��> c E m I--SLL-� Z Q N o « ° 1 1 E co � n �+ 0 z 3 E :r(01 ooh Q O Q N ;c Z I• Ev v O i' 'N� 3 Z Z o f Q O O -' E c Cn W OL--I ► SZl �' I '.,,,, W o 0 0 0°� W 6ui}oo; y}IM ww00E '�: ►'• N 04 CL E•0 o MIDMapls y}IM WWOSI ►.;. [ 0N W C O � O MV ° F 1•- rn a a o ° a�> '� .. m LZ CLi 00 - 003 v °E z ov° m �° E to+�ymW °o o00 ` m E o 00 o F- m °F- ®O E N °,� ��°�' 00 EQz Gov � f ° EEo-op„ NWF O EEo:�o N N hN lL 0)(0ccc Z L -o °W (O mJ W ao N W a m 0) —+- -�--� �o m ----- °ter 01 0 LL- CL 0 ---u-�- �- N m W Z . a o Q o 0 Qy " O d a WW04lm 0 x z OO CORPORATION OF THE MUNICIPALITY OF CLARINGTON CONTRACT NO. CL2003-33 OPS GENERAL CONDITIONS OF CONTRACT (September 1999) ONTARIO PROVINCIAL STANDARDS FOR ROADS AND PUBLIC WORKS Xa STq�V 0 o P N J c;'i S 'R0J P GENERAL CONDITIONS OF CONTRACT SEPTEMBER 1999 GENERAL CONDITIONS OF CONTRACT Table of Contents SECTION GC 1.0-INTERPRETATION GC1.01 Captions................................................................................................................... I GC1.02 Abbreviations........................................................................................................... 1 GC 1.03 Gender and Singular References............................................................................ I GC1.04 Definitions................................................................................................................ 1 GC 1.05 Substantial Performance.........................................................................................5 GC 1.06 Completion............ .... ...... ..... ..... .................. ... .......... ...... ............ ..........6 GC 1.07 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 GC 3.05 Layout. ........... 10 GC3.06 Working Area......................................................................................................... 10 GC3.07 Extension of Contract Time............................................................................p...... 10 GC3.08 Delays.................................................................................................................... 11 GC 3.09 Assignment of Contract......................................................................................... 11 GC3.10 Subcontracting by the Contractor.... ........... ..... ............................... ............... 11 GC3.11 Changes................................................................................................................ 12 GC3.11.01 Changes in the Work............................................................................................. 12 GC 3.11.02 Extra Work. ............................................................... 12 OPS General Condkiom of ConUud-SW*mber 1999 Tab*of Contents-I GC3.11.03 Additional Work..................................................................................................... 12 GC3.12 Notices................................................................................................................... 12 GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance..................... 13 GC 3.14 Claims, Negotiations, Mediation........................................... GC 3.14.01 Continuance of the Work....................................................................................... 13 GC3.14.02 Record Keeping..................................................................................................... 13 GC 3.14.03 Claims Procedure.................................................................................................. 13 GC3.14.04 Negotiations................................................................................I........................... 14 GC3.14.05 Mediation............................................................................................................... 14 GC.3.14.06 Payment................................................................................................................. 14 GC 3.14.07 Rights of Both Parties......................................... 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 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 GC 4.03 Management and Disposition of Materials............................................................ 17 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 Contractor's Right to Correct a Default.................................................................. 18 GC 4.08 Owner's Right to Correct Default........................................................................... 18 GC 4.09 Termination of Contractor's Right to Continue the Work....................................... 18 Table of Contents-U OPS General Condklons of Contract-September 1999 GC 4.10 Final Payment to Contractor.................................................................................. 19 GC 4.11 Termination of the Contract. •••••• ......•• ......•••• 19 GC 4.12 Continuation of Contractors Obligations............................................................... 19 GC 4.13 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 GC 5.05 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 Boller Insurance...............................................................................25 GC 6.03.05.01 Property Insurance................................................................................................25 GC 6.03.05.02 Boller Insurance.....................................................................................................25 GC 6.03.05.03 Use and Occupancy of the Work Prior to Completion...........................................25 GC 6.03.05.b4 Payment for Loss or Damage................................................................................26 GC 6.03.06 Contractor's Equipment Insurance........................................................................26 GC 6.03.07 Insurance Requirements and Duration..................................................................26 GC6.04 Bonding........'......... ..........`....... . ....... . ..... ... ............. ........ ......................27 SECTION GC 7.0-CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK GC7.01 General...................................................................................................................28 OPS General Conditions of Contract-September 1999 Table of Contents-Ill GC7.02 Layout....................................................................................................................29 GC 7.03 Damage by Vehicles or Other Equipment.............................................................30 GC 7.04 Excess Loading of Motor Vehicles........................................................................30 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 GC 7.09 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........................................................................................32 GC7.12 Obstructions...........................................................................................................33 GC 7.13 Limitations of Operations.......................................................................................33 GC 7.14 Cleaning Up Before Acceptance...........................................................................33 GC7.15 Warranty.................................................................. .......33 SECTION GC 8.0-MEASUREMENT AND PAYMENT GC8.01 Measurement.........................................................................................................35 GC8.01.01 Quantities...............................................................................................................35 GC 8.01.02 Variations in Tender Quantities.............................................................................35 GC8.02 Payment.................................................................................................................35 GC8.02.01 Price for Work........................................................................................................35 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 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 GC8.02.03.08 Interest...................................................................................................................39 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-W OPS General Conlon of Contract-September 1999 GC8.02.03.12 Delay in Payment..................................................................................................40 GC 8.02.04 Payment on a Time and Material Basis.................................................................40 GC8.02.04.01 Definitions..............................................................................................................40 GC 8.02.04.02 Daily Work Records...............................................................................................41 GC 8.02.04.03 Payment for Work............. ................41 GC8.02.04.04 Payment for Labour...............................................................................................42 GC 8.02.04.05 Payment for Material.............................................................................................42 GC 8.02.04.06 Payment for Equipment.........................................................................................42 GC 8.02.04.06.01 Working Time........................................................................................................42 GC 8.02.04.06.02 Standby Time........................................................................................................42 GC8.02.04.07 Payment for Hand Tools..............................4.........................................................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 GC8.02.06 Payment of Workers.........................................................4....................................44 GC8.02.07 Records.................................................................................................................44 GC8.02.08 Taxes and Duties....................................................................................................44 GC 8,02.09 .-Liquidated Damages` .......` .. ....... ... ............ ... ...... .. ....................................45 OPS General Conditions of Contract-,September 1899 Table of Contents-v i 2 P,p ST gNOy9p p 0 P �, Ontario Provincial Standards for Gy' s `ry Roads and Public Works September 1999 e�pgL-P GENERAL CONDITIONS OF CONTRACT SECTION GC 1.0-INTERPRETATION GC 1.01 Captions .01 The captions appearing in these General Conditions have been inserted as a matter of convenience and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof. GC'1.02 Abbreviations .01 The abbreviations on the left below are commonly found in the Contract Documents and represent the organizations and phrases listed on the right; "AASHTO" - :American Association of State Highway Transportation Officials "ANSI" - American National Standards institute "ASTM" American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" American Water Works Association "CESN' 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 T"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 Condklons 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. Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in accordance with clause GC 8.02.03.02, Certification of Subcontract Completion. Certificate of Substantial Performance: means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator where,.so authorized, directing that a Change in the Work or Extra Work be performed. Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, substantial changes in geotechnicai, subsurface, surface or other conditions, changes in the character of the Work to be done or materials of the Work or part thereof, within''the intended scope of the Contract. Change Order means a written amendment to the Contract signed by the Contractor and the Owner, or the Contract Administrator where so authorized, covering contingencies, a Change in the Work, 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 by the Contract Administrator at completion. Constructor means, for the purposes of, and within the meaning of the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended and amendments thereto, the Contractor who executes the Contract. Contract: means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents. Contract Administrator. means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents: mean the executed Agreement between the Owner and the Contractor, 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 Pius: 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 wormed 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 or-cost-of-th&Work_orVartofitAepending 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 regulabons-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". Geotechnicai Report: means a report or other information identifying soil, rock and ground water conditions'in the 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 lines thereof. 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 is not based on a measured quantity,`although a quantity may be given in the Contract Documents. Major item: means any tender item that has a value, calculated on the basis of its actual or estimated tender quantity, whichever is the larger, multiplied by its tender unit price, which is equal or greater than the lesser;of, a) $100,000,or b) 5% of the total tender value calculated on the basis of the total of all the estimated tender quantities and the tender unit prices. Material: means material, machinery,equipment and fixtures forming part of the Work. OPS General conditions of CoMrad September 1999 Page 3 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 furnished 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. i? 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 Contractor's authorized representative in responsible charge of the Work. Surety: means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.1.8, as amended, executing a bond provided by the Contractor. Tender' means an offer in writing from the Contractor, submitted in the format prescribed by the Owner, to complete the Work. Time and Material: means costs calculated according to 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 Condltlons of Contract-September 1999 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'bV'the Contract'-Administrator,°on=which the Contractor is prevented by '? inclerrient'weather'or conditions resulting immediately therefrom•;ftm°proceeding-with�a-Controliing "Operation. For the purposes"of this definition, this will-be a Day;during:whictr 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. ii. 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 1.06 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,capabie,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. OPS General Conditions of Contract•September 1999 Pape 6 GC 1.06 Completion .01 The Work shall be deemed to be completed and services or Materials shall be deemed to be last supplied to the Work when the price of completion, correction of a known defect or last supply is not more than the lesser of, a) 1%of the Contract price; or b) $1,000. GC 1.07 Final Acceptance .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. 1 � Pape 6 OP8 General Conditions of contract-September 1999 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 the .following' 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 govern: 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 Conditions of contrad-September 1999 Page 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 behalf of the Owner only to the extent provided in the Contract Documents. .02 All claims, disputes and other matters in question relating to the performance and the quality of the Work 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 ,,,!Jump sum price contract .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 Contractor's 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. Pape 8 OPS General Conditions of Contract- Ssptember 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 irrthe,Work -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 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, marked 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, alter 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. i OPS General CondRlons of Contract-September 1999 Page 9 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 Contractor's 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 Contractor's sheds, site offices,toilets, other temporary structures and storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at.all times. .02 The Contractor shall confine 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. .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 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 actor 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 subsectiorrGC 7.09;Suspension of Work; - d) abnormal inclement weather, or e)�archaeologicai finds in accordance with subsection GC 3.16,Archaeological Finds, then the Contractorshali be'reimbursed by the Owner for-reasonable costs incurred by-the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal Inclement weather;the''Contractor-shall; with-the'-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 Ift members by a-recognized contractor's association, of which Ithe 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 GC.;107; 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 to 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 writings 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'will,"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 Subcontracting 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 Condidons of Contract•September 1999 Page 11 .06 The Owner's 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. .03 -ffithe 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 3.11.02 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. { .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.;'111.03 Additional Work .01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional Work, the Contractor shall proceed with such 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. Papa 12 OPS General Conditions of Contract-September 1999 .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 Work or any part thereof by-the-Owner priorto-Substantiai Performance shall not constitute'an acceptance of the--Work,'or parts so`occupied.- -Iri-addition, the use or occupancy of the Work shall Inot 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 Owner's right 1ao charge•the;Contractor-liquidated damages in accordance with the terms of 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 a'claim or dispute--verbal or written, continue to proceed with the Work with due diligence and-expedition—it pis 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 Contractor 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 Oer*ml Condklom of Contact-SOP 1999 Page 13 .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 3.14.04 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. .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. Ina 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. Page 14 OPS General Conditions of Contract-September 1999 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 3.16.01 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"possibie and 'no later-than"60"Days°,following-�the,ropinion.,given in paragraph GC 3.14.03.05. Where the use of a third party mediator was-implemented,notification shall be within 120 Days of the opinion given in paragraph GC 3.14.03.05. .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 or-her jurisdiction or have otherwise disqualified him or herself a) All existing actions in respect'of the matters under arbitration,wili,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-.teadjudicate 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 3.15.01.02, 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 Condon of Contact-September 1999 Pepe 16 .06 The arbitrator is not bound by the rules of evidence which govem 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. c_ .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 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration. GC 3.15.05 The Decision .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 1899 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-solely:�equir.ed..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 acxordance,withTegulatons under the Occupational HealWandiSafetyAct;R:S.O:1990,c.0.1;as - amended,the Owner advises that a) the designated substances silica, lead and arsenic are generally present throughout the Working Area occurring naturally or as a result of vehicle emissions; b) the designated substance asbestos is present in asbestos conduits for utilities; cYthe f following,hazardous-materials-are ,ordinarily present in construction:activities: limestone, gypsum, marble,mica and Portland cement;and dY exposure,to these substances may­occur 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'-of,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 Men:verbal notice will be provided to the other party immediately with written confirmation..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. .05 The Owner will be responsible for any reasonable,additional costs of removing, managing and disposing of any material not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the-time of tendering. 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 I M Pape 17 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 .;The 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 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, pntractor'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, Contractors 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 Contractors 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 Conditions 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 1the Work in.whole or in part_is.less than the amount Withheld,-from- the,Contractor under subsection-'GC;4.09,``Termination-of:;Contractors Right to Continue the Work;the Owner will pay the'balance tothe'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-right 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, a Performance Bond, the provisions of this Section shall be exercised,in accordance with the conditions of the Performance Bond. OPS General Conditkxu of Contract-September 1999 Pape 19 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 rThe Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the 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 Owner's standard form of "Certification'!of Equality"'and if any adjustment to the Contract price is`made by reason of such substitution a Change Order shall be issued as well. GC 5.05 Owner Supplied Material GC 5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner.--and where this Material=is;�ordered,by the Contractor in excess of the amount specified' to complete'the Work;.:such: excess-_Material shall_ become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads. GC 5.05.02 Care of Material .:01 ..The Contractor shall, in advance of receipt of shipments of Material supplied by the_Owner, provide. adequate and 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 Administrator for 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 beat 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 I M Page 21 .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. r I Sn Page 22 OPS General Conditions of Contract-September 1999 SECTION GC 6.0-INSURANCE,PROTECTION AND DAMAGE GC 6.01 Protection of Work, Persons and Property .01 The Contractor, the Contractors 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 tha'ContractAdministrator'of ali-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 commotion; 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 Owners 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 Contractors 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 CondRbna or Contract-September 1999 Page 23 .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. .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. Page 24 OPS General Condidorn of Contract-September 1999 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 i 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 Contractor,.with.the.Owner.and the Contract Administrator named•as:additional insureds, insuring.not:.less-,than Ahe.sum..of.the.amount of the Contract price.and the-full value, as may.be.stated.-in.the,Supplemental.General...Conditions, of Material-that is specified to be provided:by the"Owrierrfor:.incorporation:3nto..the.Work, with.a deductible not exceeding I%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,asset out in the Final Acceptance Certificate. GC 6.'03.05.02 Boiler Insurance .01 Boiler 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. 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 Owners 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.insuring 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 Contractors 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 damages 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-Seplarnber 1999 Page 26 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 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 Conditions of Contract-September 1999 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 fonnal demand for reimbursement of such costs the Owner may deduct the costs thereof from monies which are"due or may become due to the Contractor. GC 6.04 Bonding .01 ! The Contractor shall provide the'Owner with the surety bonds in the amount required by the tender documents. -02- Such'bonds'shall be issued by-a,duly licensed surety company authorized to transact a business of suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. OPS General Condkiona of Contract-September 1999 Pape 27 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 va t*rious 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; 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)`iworkers employed to cant' out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety; e) its supervisory employees carry out their duties in a diligent and responsible manner with due consideration 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 Conditlons of Contract-September 1999 .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 Contractor's;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 Administratorfor the-proper.inspection and examination of the Work or the taking of measurements for the I purpose.ofipayment. .11 The Contractor shall prepare, and update as required,a.constrmcUon 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'C ontractAdministrator 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 2.01.01 a). 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. .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 conditions 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 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 .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, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except 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. .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 specific 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 Ownees 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,i 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 z shall be performed`at-the,-Contractor's.expense...The detour shall be constructed and maintained to structural:'arld geometric' standards�;approved by the Contract 'Administrator., Removal and site 'restoration:`shall::be-�performed.,as:directed by the Contract Administrator. :08 Where, with Ihe prior written approval of the Contract.Administrator, the.Highway is dosed and the 'traffic diverted entirely off the Highway-to any other Highway,the Contractor shall, at no extra cost to the Owrier;•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 W—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 .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 Penmits Al 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. .02i 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 1999 Pipe 31 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 be of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without ., prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or trustee in bankruptcy written notice, terminate the Contract .02 If the Work is stopped or otherwise delayed for a period of 30 Days or more under an order of a court or other public authority and provided that such order was not issued as the result of an act or fault of ;the Contractor or of anyone directly employed or engaged by the Contractor,„the Contractor may, vinthout 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 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 g®vemment 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 specked operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board,or commission so affected. .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 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•a:Utility or other man-made object, the Contractor shall not be.required to. assume the risks nand 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 responsibility:to:consult-with Utility companies or other appropriate authorities for further- in regard1o',the exactlocation.of these Utilities, to exercise the necessarycare in constructionroperations;°and�to take such other.precautions as are necessary to safeguard the Utility from damage. GC 7.13 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator-to maintain the Work in a safe and satisfactory condition, the Contractor shall not carry 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 the date of Completion of the Work as set out In the Completion Certificate, or OPS General Conditions of Contract•`September 1 999 Pape 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. Page 34 OPS General Conditions of Contract-September 1999 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,esfimate; except the final one, will be of the quanfity 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. 1.02 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,%will be!,either:by Actual;Measurement or by Plan Quantity principles as-indicated in the'Contract"`Adjustments.to;P Quantity measurements -will normally be made using Plan`Quantity;principles but may;1where,appropriate, be made using Actual Measurements. Those`items identified owthe'Tender-by'the notation (P) in-the unit column --shall be paid according 1d the"Plan Quantity. i'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 i 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 a)�In the case of a Major Item where the quantity of Work performed and/or Material supplied by the Contractorexceeds 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'Material 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 Work�performed and/orMatedal supplied by the Contractor is less than 85% of the tender'quantity, the Contractor may make a written request to negotiate for the portion of the actual:.overheads'and,fixed zosts:applicable to the amount of the underrun in excess of 15%of the tender quantity: For purposes of the negotiation,the overheads and fixed costs applicable to the item are deemed to-have been prorated uniformly over 100% of the tender quantity for the item. Overhead costs shall be;confirmed by a statement certified by the Contractor's senior financial officer or auditor and may be audited by the Owner. Alternatively, where both parties agree, an allowance equal to 10% of the'unit price on the amount of the undemin 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 "ail labour, Equipment and Material" shall include Hand Tools, supplies and other incidentals. OPS General Conditions 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: I. Sources Other Than Commercial (1)Qranular'A', V 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. ii. - 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, damage,theft, Improper use or destruction of the material however caused. .02 'Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined when the material meets the requirements of the appropriate specification. :h y.' GC 8.02.03 Certification and Payment v. 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. .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 0 the amount due the Contractor. Page 36 OPS General Condkions 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 been completed satisfactorily, and all required.inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory.. .03 The'Contract"Administratorwill set out in the.Certifcate.of.Subcontract.C.ompletion the date on which the subcontract was completed and within'7 Days'of:the date:the subcontractis certified:complete, the Contract Administrator will give a copy of the certificateiltoithe.Contractor•and.-to the Subcontractor concerned. .GC 8.02.03.03 'Subcontract-Statutory Holdback Release Certifrcate.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:shall::be made_ 146 Days after the.date the subcontract•was certified complete.and providing;the.Contractor.submits 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 of'the.contract between the Contractor and the Subcontractor and.a.satisfactory.statement showing the total.amount due the Subcontractor from the Contractor. .02 Paragraph GC 8.02.03.03.01 d),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 Contractor shall-forthwith­give.--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 Contr'actor'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 by Section 32(1) Paragraph 5 of the Construction Uen Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall Include placement in the Daily Commercial News. OPS Geneml Conditions of Contact-SepWrber t M 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. GC-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 payment certificate. .02 'the Substantial Performance Payment Certificate will show, "a°the'value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory 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 issuance of the payment 'certificate. .04 The Substantial Performance Statutory Holdback Release Payment Certificate 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 iby the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained; Q),a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and d)!proof of publication of the Certificate of Substantial Performance.rl 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 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator 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 will;be,:a.payment_certificate -releasing-to�the-Contractor.,the'furtherstatutory'holdback�� Payment of.such.statutory holdback shall 'bedue 46 Days afterthe date of Completioriiof the,Work.as established.by:theCompletion.Certificate but subject to the-provisions of the Construction Uen.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 where appropriate; b) a statutory declaration in a form satisfactory to the.Contract Administrator that ail liabilities incurred °by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged,qualified by stated exceptions where appropriate;and c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board. GC 8.02.03.08 Interest .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 including 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,js 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. OPS General Conditions of Contract-September 1999 Page 39 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. -. .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 '314, Claims, Negotiations, Mediation, interest shall not be paid. .04 r YVhere,a Contractor fails to comply with the 30-day time limit and the procedures prescribed in paragraph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period. GC 8:02:03:11 Owner's Set-Off .01 -Pursuant to Section 12 of the Construction Lien 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. 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 Contractor's normal labour costs. Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from ja person, firm or corporation that is not an associate of the lessee as idefined by the Securities Act;R.S.O. 1990,c.S.S,as amended,'and is approved by the Contract Administrator. Road Work: means the preparation, construction, finishing and 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. StandbyTime:"means any,period of time which iv-not-considered Working.Tim"nd which together with the Working Time.does not exceed,10 hours.in=any.one,Working,Day.:and:during:which time a unit of equipment cannot'practically be used on other:.worlc but must:remain:on'..the..sde;.in..order to,continue with . -itsassigned 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 forpayment•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 operationI.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 Pape 41 1 a 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 .QQ&t'of the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of •:$8000. GC'802:04.06 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 1.10% 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 0,204:06.02 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 conditions of contract-September 1999 .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. GC 8.02.04.08 Payment for Work By Subcontractors . .01 Where the Contractor arranges for Work-on a.Time and Material Basis,-or..a part of it, to be.performed by .Subcontractors=:on.=a;-Time .and:.Material.:bas sa.and.1-has�.,received,approval...pnor to the commencement•of:such .woric; in°accordance withithe requirements. .of+,aubsection.­GC. 3.10, Subcontracting by,the Contractor,the-Owner will pay*-the=st�of-�Itork,on.aYTime;and- Material Basis by°the.Subcontractor calculated°as•if the.Contractor had•done.the Work•,ora•� 'ime:arad,Materiai 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. No further markup'will 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;Securifies.ACt 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,summades shall be,compieted 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 Remize.separately Iabour,,Materiais 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,prggress,paymei#;certificate, the costs of the Work on a Time and 'Material Basis incurred iiuring the preceding month all in accordance with the contract administrative procedures and the Contractors invoice of the Work on a Time and Material Basis. .04 The final"Summary for Payment of Accounts on a Time and Material Basis"shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis. GC 8.02.05 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. OPS General Conditions of Contract September 1999 Pape 43 +1 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 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 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. Pape 44 OPS General Conditions of Contract-September 1999 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 Contract, the Contractor shall pay such amounts as are specified in the Contract Documents. OPS'General Conditions of Contract-September 1999 Page 45 N