HomeMy WebLinkAbout2004-171
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004- 171
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Dynex
Construction Ltd, Concord, Ontario, to enter into agreement
for the Bowmanville Creek Erosion Protection, Live Crib Wall
Construction.
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, Dynex Construction Ltd., Concord, 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 28 day of June ,2004.
By-law read a third time and finally passed this 28 day of June, 2004.
a1-ltf{it~~
John M , Mayor
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CORPORATION OF
TIlE MUNICIPALITY OF CLARINGTON
BOWMANVILLE CREEK
LIVE CRIB WALL
CONTRACT NO. CL2004-27
MAY 2004
~~
architects
planners
TSH No. 12-29171
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CONTRACT NO. CL2004-27
MUNICIPALITY OF CLARINGTON
BOWMANVlLLE CREEK EROSION PROTECTION,
LIVE CRIB WALL CONSTRUCTION
ADDENDUM NO.1
Contractors are hereby advised of the following modifications to Contract No. CL2004-27
ITEMIZED BID
Item No.5 - Plant Material
Add "50 cm" to the description of the Beaked Willow Item.
Note: Any "cm" reference in the description for these Items refers to plant height.
SPECIAL PROVISIONS - TENDER ITEMS
Item No.4 - Live Crib Wall
The following paragraph shall be added to the Special Provision for this Item:
"The potted willows which are to be planted as part of the crib shall be Multi-Stem Block Willow in 2 gallon
pot with an approximate length of 50 em - 100 em. Based on six (6) plants per crib opening, it is estimated
that approximately 800 plants will be required for the entire wall.
Note that the unit price bidfor this Item shall also include the supply and placement of the potted willows. .
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
June 1,2004
PI21l1111Spca1Cl...2Cl(-21JADDI.llJe
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
AGREEMENT
THIS AGREEMENT made in triplicate
BETWEEN: DYNEX CONSTRUCTION LTD.
of the City of Toronto and Province of Ontario
hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
-and-
The CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Purchaser"
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or
payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools,
equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all
the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete
such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read
herewith and form part of this present agreement as fully and completely to all intents and purposes as though
all the stipulations thereof have been embodied herein.
Page I of 3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
Bowmanville Creek Live Crib Wall, Contract No. CL2004-27
ADDENDUM NO. I, dated June I, 2004
A.
TENDER FORM:
General
Itemized Bid
Agreement to Bond
Schedule of Tender Data
Pages I and 2
Pages 3
Page 4
Page 5
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages I to 4
D. SPECIAL PROVISIONS - GENERAL Pages I to 10
E. SPECIAL PROVISIONS - TENDER ITEMS Pages I and 13
F. STANDARDS
G. PLANS: Drawings No. I to 4
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
127 Current 511 Nov. 2001 577 Feb. 1996
128 Current 518 Apr. 1999 902 Dec. 1983
182 Nov. 2000 565 Apr. 1988 1860 Mar. 1998
206 Nov. 2000
I. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
All Plans and Documents referred to in the Specifications.
The Contractor further agrees that he will deliver the whole of the works completed in
accordance with this agreement on or before the Friday, August 6, 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.
This agreement shall enure to the benefit of and be binding upon the heirs, executors,
administrators and assigns of the Contractor and on the heirs and successors of the Purchaser.
Page 2 of 3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
IN WITNESS WHEREOF, the Contractor and the Purchaser have hereunto signed their
names and set their seals on the day first above written.
SIGNED and sealed by the Contractor
in the presence of
)
)
)
)
) Date
)
)
)
)
)
)
Date
SIGNED and sealed by the Purchaser
in the presence of
)
)
)
)
) Date
)
)
)
)
)
)
Date
P129 t 711SpecslCL2Q04-27 fSignDOC5- Agr .doc
'--/
rrie. Clerk
'.J l.JJ..- 'd J 9... -G ) 6< b t) c.r
Page 3 of 3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P\29] 71 \Specs\CL2004-27\SignDocs- TF.doc
TENDER FOR CONTRACT NO. CL2004-27
BOWMANVILLE CREEK LIVE CRIB WALL
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
TOTTEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DMSION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
DYNEX CONSTRUCTION LTD.
Name
80 Costa Road
CONCORD. Ontario UK 1N2
Address (include Postal Code)
Tel: 605-669-5923 Fax: 905-669-9380
Telephone and Fax Numbers
George ZeDDieri
Name of Person Signing
Treasurer
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. LlC 3A6
Page I of 5 pages
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TENDER CONTRACT NO. CL2004-27
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2004-27
Bowmanville Creek - Live Crib Wall
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 5 pages
I
I
I
I
I
I
I
I
I
I
I
I
,I
I
I
I
I
I
I
AGREEMENT TO BOND (to be comnleted bv BondilU! Comnanv)
CONTRACT NO. CL2004-27
Bond No. 100006016-3
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
DYNEX CONSTRUCTION LTD
in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a
Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender
amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the
works shown or described herein, if the Tender for Contract No.CL2004-27 is accepted by the Authority.
IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application
for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within
TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void.
DATEDAT CONCORD
this
2nd
day of June
2004
ST. PAUL GUARANTEE INSURANCE COMPANY
Name of Bonding Company
(BONDING COMPANY SEAL)
Signature of Authorized Person
Signing for Bonding Company
k. Karkambasis. Attornev-In-Fact
Position
(This Form shall be completed and attached to the Tender Submitted).
Page 4 of 5 pages
I
I
I
I
I
I
I
I
I
I
I
I
,.
I
I
I
'I
I
I
SCHEDULE OF TENDER DATA
CONTRACT NO. CL2004-27
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General Pages I and 2
Itemized Bid Pages 3
Agreement to Bond Page 4
Schedule of Tender Data Page 5
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages I to 4
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 10
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 and 13
F. STANDARDS
G. PLANS: Drawings No. 1 to 4
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
127
128
182
206
Current
Current
Nov. 2000
Nov. 2000
511
518
565
Nov. 2001
Apr. 1999
Apr. 1988
577
902
1860
Feb. 1996
Dec. 1983
Mar. 1998
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, Pla~.and
Specifications, for Contract No 004-27, executed by me/us bearing date the ....1!!L -{!aiof' 'Julie . 2004 and
we have fully read all rel~oc tender data as listed above. _ " '
SIGNATURE: ~ - POSITION Treasurer
NAME OF FIRM
,~~OMPANYSEAL)
Privacv LeS!islation
Federal legislation governs the collection and use of personal information from individuals. We represent and warrant to the owner that
we have obtained the CONSENT of any and all employees whose personal information we have supplied to the owner in this tender.
This personal information, which includes, but is not limited to, the employees' names, education, work and project history, professional
designations and qualifications. This CONSENT permits the owner to disclose this personal information to the Engineer (owner or
agent) for the purpose of evaluating our bid. In the event that the tender is successful, this personal information may also be used in
project administration. for contact purposes.
This is Page 5 of 5 Pages to be submitted as the Tender Submission for Contract No. CL2004-27
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-27
STANDARD TERMS AND CONDITIONS
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
STANDARD TERMS AND CONDITIONS
The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract
except where noted below.
. Clause 8 of the "Standard Terms and conditions" shall be superceded by Clause 7,
"Payments" of the "Special Provisions - General" Section of the Contract.
. Clause 15 of the "Standard Terms and conditions" shall be superceded by Clause 1,
"Guaranteed Maintenance" of the "Special Provisions - General" Section of the
Contract.
. Clause 16 oflhe "Standard Terms and Conditions" is not applicable to this Contract.
. Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause
6.03.02 of the OPS General Conditions of Contract (September 1999) which requires a
$5,000,000.00 liability coverage.
. Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 18,
"Workplace Hazardous Materials Information System (WHMIS)".
P/29171/specs/CL2004-27/SlandTerms.doc
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 - AIi labour, materials, products, articies, 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 wili 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 initialied 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 removai of the Bidder from the
Municipality's bidder's list.
A bid received after the closing date and time wili not be considered and wili be retumed, 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 shali be final.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 Bidde~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 perlaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5.
PROOF OF ABILITY
The bidder may be required to show, in terms of experience and facilities, evidence of ~s 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.
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.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 enterlained 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 Municipalily appropriate increase or decrease in the
price of work shall be made to compensate for such changes as of the effective date thereof.
8.
TERMS OF PAYMENT
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 Municipalily, 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
ofi!.
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,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
9.
10.
11.
12.
13.
14.
15.
STANDARD TERMS AND CONDITIONS (continued)
PATENTS AND COPYRIGHTS- conl'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.
ALTERNATES
Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be
final. Any bid proposing an altemate will not be considered unless otherwise specified herein.
EQUIVALENCY
Any opinion determined by the Municipality with respect to equivalency shall be final.
ASSIGNMENT AND SUBCONTRACTING
The company shall not assign or subcontract the contract or any portion thereof w~hout the prior
written consent of the Municipality.
FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to request of the Company to fumish reasonable evidence that financial
arrangements have been made to fulfill the Municipality's obligations under the Contract
LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and ~ 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.
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.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
16.
STANDARD TERMS AND CONDITIONS (continued)
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 ~ 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 w~hout incurring any liability
whatsoever in respect thereto.
d. If the Municipality terminates the contract, it is entitled to:
I) take possession of all work in progress, materials and construction equipment then
at the project site (at no additional charge for the retention or use of the construction
equipment), and finish the work by whatever means the Municipality may deem
appropriate under the circumstances;
ii) withhold any further payments to the company until the completion of the work and
the expiry of all obligations under the Correction of Defects section;
iii) recover from the company loss, damage and expense incurred by the Municipality
by reason of the company's default (which may be deducted from any monies due
or becoming due to the company, any balance to be paid by the company to the
Municipality).
18.
CONTRACT CANCELLATION
The Municipality shall have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation,
the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to
the Company for loss of anticipated profit on the cancelled portion or portions of the work.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
19.
20.
STANDARD TERMS AND CONDITIONS (continued)
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.
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 retumed 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 Municipal~ 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 50 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 retumed 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
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.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
23.
24.
25.
26.
STANDARD TERMS AND CONDITIONS (continued)
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.
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 ~s empioyees.
The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality
or any of ~s 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.
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 cond~ions 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.
SAFETY
The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations,
Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or
to the Employees of the Company. Without limiting the general~ 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
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
27.
28.
29.
30.
STANDARD TERMS AND CONDITIONS (continued)
UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating
to the work. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend performance by the company from
time to time of any part or all of the work for such reasonable period of time as the Municipality may
determine.
The resumption and completion of work after the suspension shall be governed by the schedule
established by the Municipality.
CHANGES IN THE WORK
The Municipality may, without invalidating the contract. direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in writing and approved by the
Municipality.
CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell goods or services to the Municipality
in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a
Company or own a Company which sells goods or services to the Municipality.
31.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPA)
All correspondence, documentation, and information provided to staff of the Municipality of
Clarington by every offerer, including the submission of proposals, shall become the property of the
Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of
Privacy Act, and may be subject to release pursuant to the Act.
Offerers are reminded to identify in their proposal material any specific scientific, technical,
commercial, proprietary, or similar confidential information, the disclosure of which could cause them
injury. Complete proposals are not to be identified as confidential.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-27
INSTRUCTIONS TO TENDERERS
pn9171ISpeClIICL2004-27120270-IT .doc
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-27
CLAUSE
SUBJECT
PAGE
1. GENERAL. ............. . . . . . ... .... . .... . . . ... . . ........................ . . . . . .. ....... . .... .. . . ............... . . . . .... . . ........1
2. BLANK FORM OF TENDER ...............................................................................................1
3. TENDER DEPOSITS ......... ..... ...... ...... ........... .............. .............................. ..... ......... ...........1
4. BONDS ................... .......... ............. ................... ................................ ................... ...........2
5. RIGHT TO ACCEPT OR REJECT TENDERS ..........................................................................2
6. UNACCEPTABLE TENDERS..............................................................................................2
7. ABILITY AND EXPERIENCE OF TENDERER........................................................................2
8. PROVINCIAL SALES TAX .................................................................................................2
9. GOODS AND SERVICES TAX (GST) ...................................................................................3
10. EXECUTE CONTRACT DOCUMENTS .................................................................................3
11. COMMENCEMENT OF WORK............................................................................................3
12. LOCATI0N......................................................................................................................3
13. SOILS INFORMATION AND CROSS-SECTIONS.....................................................................3
14. TENDERERS TO INVESTIGATE..........................................................................................3
15. INQUIRIES DURING TENDERING.......................................................................................4
16. AWARD OF THE CONTRACT............................................................................................4
17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT ADMINISTRATOR............4
18. ADDENDA......................................................................................................................4
19. TENDER OPENING MEETING.... ....... ........................... ...................... ......................... .......4
I
I
I
I
I
I
I
I
I
I
I
j
I
I
I
I
I
I
I
PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-27
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2004-27" will be received until:
2:00:00 P.M., LOCAL TIME, FRIDAY, JUNE 4,2004
and shall be addressed to:
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. LlC 3A6
2.
BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested
shall be shown in the tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
$ 20,000.00 or less
20,000.01 to 50,000.00
50,000.01 to 100,000.00
100,000.01 to 250,000.00
250,000.01 to 500,000.00
500,000.01 to 1,000,000.00
1,000,000.01 to 2,000,000.00
2,000,000.01 and over
$1,000.00
2,000.00
5,000.00
10,000.00
25,000.00
50,000.00
100,000.00
200,000.00
All deposits will be returned within ten days after the Tenders have been opened except those
which the Authority elects to retain until the successful tenderer has executed the Contract
Documents.
The retained tender deposits will be returned when the successful Tenderer has fully complied
with the conditions outlined in the Contract Documents.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-27
2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material
Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to
guarantee his faithful performance of this Contract and his fulfillment of all obligations in
respect of maintenance and payment for labour and materials used on this work.
Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
5. RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender should it be
deemed to be in its best interest to do so.
Tenders which are incomplete, conditional or obscure, or which contain additions not called
for, erasures, alterations, or irregularities of any kind, may be rejected as informal.
Tenders will not be accepted unless submitted in the envelopes provided.
6. UNACCEPTABLE TENDERS
Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be considered to be
unbalanced, then it will be rejected by the Authority.
7. ABILITY AND EXPERIENCE OF TENDERER
The Authority reserves the right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete the work in the specified
time, is not furnished by the Tenderer.
8. PROVINCIAL SALES TAX
Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
I
,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-27
3.
9. GOODS AND SERVICES TAX (GST)
The Tenderer shall NOT include any amount in his tender unit prices for the Goods and
Services Tax. The GST will be shown on each payment certificate and will be paid to the
Contractor in addition to the amount certified for payment and will therefore not affect the
Contract unit prices.
10. EXECUTE CONTRACT DOCUMENTS
Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent of the successful Tenderer.
The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within 10 calendar days of receipt of notification of Acceptance of Tender.
Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract
to one of the other Tenderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site on July 7, 2003.
12. LOCATION
The work is located in Bowmanville, in the Municipality of Clarington, on the west bank of
Bowmanville Creek, approximately 30 m downstream of the south side of the King Street
bridge.
13. SOILS INFORMATION AND CROSS-SECTIONS
A geotechnical investigation has not been undertaken on behalf of the Authority.
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.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-27
4.
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 Ron Albright, P. Eng. or Stu Stanley. at Totten Sims Hubicki Associates,
Telephone (905) 372-2121.
16. AWARD OF THE CONTRACT
The award of this Contract is subject to the approval of the Central Lake Ontario Conservation
Authority .
17. DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACT
ADMINISTRATOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract. it shall
be interpreted as meaning the "Corporation of the Municipality of Clarington" .
Wherever the word "Ministry", "M.T.C." or "M.T.O." appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington".
Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as
may be authorized by the Authority to act in any particular capacity.
18. 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.
19. TENDER OPENING MEETING
The tender opening meeting is scheduled to take place at 2: 15:00 P.M. after the closing time
and date in Meeting Room No. I, Main Floor, 40 Temperance Street, Bowmanville, Ontario
and interested bidders are invited to attend.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-27
SPECIAL PROVISIONS - GENERAL
pml?) ISpea/CU004-27f11Yl71-SPG.dlX
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2004-27
CLAUSE
SUBJECT
PAGE
1. GUARANTEED MAINTENANCE........................................................................... 1
2. CONTRACT TIME AND LIQUIDATED DAMAGES ................................................... 1
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE....... .................................. ....... 2
4. OPS GENERAL CONDITIONS ... .... ......... ............. ........................... ................ ....... 2
5. LAyOUT........................................................................................................... 2
6. RESTRICTIONS ON OPEN BURNING .....................................................................2
7. PAYMENTS ........ ........................... .................. ........................ ..........................3
8. UTILITIES.......................................................................................................... 3
9. HAUL ROADS.................................................................................................... 4
10. DUST CONTROL................................................................................................ 4
11. TRAFFIC CONTROL, FLAGGING.......................................................................... 4
12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS............................................. 4
13. MAINTENANCE OF TRAFFIC............................................................................... 5
14. EMERGENCY AND MAINTENANCE MEASURES .................................................... 5
15. ENGINEERING FIELD OFFICE.............................................................................. 6
16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL......................................... 6
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES...... 6
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ...............7
19. SPILLS REPORTING ................................................................................ .... .... .... 7
20. STORAGE AREAS............................................................................................... 8
21. GENERAL LIABILITY INSURANCE ....................................................................... 8
22. CONSTRUCTION LIEN ACT ................................................................................. 8
23. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR................................................................................................. 10
24. SCHEDULE (e) - CONTRACTOR SAFETy............................................... after page 10
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 proiect;
. every employer and every worker perfonming 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 proiect is protected.
. Where so prescribed, a constructor shall, before commencing any work on a
project, give to a Director notice in writing of the project containing such
information as may be prescribed.
DEFINITIONS:
Contractor - any individual or finm 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.
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
I
I
I
I
I
I
I
I
I
I
I
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 detenmine
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 substanceslhazardous 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 cond~ions, before award of a contract, the
contractor will be required to provide proof that all workers involved with the
project have the proper WHMIS training, as required by the Occupational Health
and Safety Act.
f) As part of the tender/quotation conditions, before award of a contract, the
contractor must provide details of their Health and Safety program.
g) The project manager or delegate must provide the successful contractor with a
workplace orientation, which 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
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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
Fonm (Schedule "8").
k) Where applicable, the Municipality will retain the right to allow municipal
employees to refuse to work in accordance with the established policy and the
Occupational Health and Safety Act, in any unsafe conditions.
I) The Purchasing Department will maintain current certificates of clearance until all
monies owing have been paid to the contractor.
m) Responsibility for ensuring contractor compliance to this policy falls upon the
project manager or designate. This will include identification, evaluation and
control practices and procedures for hazards and follow-up and issuing of
Contractor Health and Safety Warning/Stop Work Orders.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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
. The Council Amended Draft #7 (CAD-7) Rating
- The WSIB experience rating system for construction rate groups
. Injury frequency performance for the last two years
- This may be available from the contractor's trade association
. Has the contractor received any Ministry of Labour warnings or orders in the last two
years? (If the answer is yes, please include the infraction).
Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
(Bidders to include the letter confinming this status and number from WSIB with their bid
subrnission.)
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, IIwe will comply with all
procedures and requirements of the Occupational Health and Safety Act, Municipal
safety policies, department and site specific policies and procedures and other
applicable legislation or regulations. I/we will work safely with skill and care so as to
prevent an accidental injury to ourselves, fellow employees and members of the public.
1. The contractor/successful tenderer certifies that it, its employees, its
subcontractors and their employees,
a) are aware of their respective duties and obligations under the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the "Acf'); and
b) have sufficient knowledge and training to perform all matters required
pursuant to this contract/tender safely and in compliance with the Act.
2. In the performance of all matters required pursuant to this contractltender, the
contractor/successful tenderer shall,
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act
safely and complying all respects with the Act.
3.
The contractor/successful tenderer shall rectify any unsafe act or practice and
any non-compliance with the Act at its expense immediately upon being notified
by any person of the existence of such act, practice or non-compliance.
4.
The contractor/successful tenderer shall permit representatives of the
Municipality and the Health and Safety Committee on site at any time or times for
the purpose of inspection to determine compliance with this contractorltender.
5.
No act or omission by any representative of the Municipality shall be deemed to
be an assumption of any of the duties or obligations of the contractor/successful
tenderer or any of its subcontractors under the Act.
6.
The contractor/successful tenderer shall indemnify and save harmless the
Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which
may result from the contractor/successful tenderer or any of its
employees, its subcontractors or their employees failing to act safely or to
comply in all respects with the Act in the performance of any matters
required pursuant to this contract/tender;
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 contraclltender.
Contractor
Name of Person Signing for Contractor
Signature of Contractor
Date
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Schedule "8"
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
8REACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
NAME OF FIRM:
PART "8" - DETAILS OF INFRACTION (TO 8E COMPLETED 8Y ISSUER)
I
I SCHEDULE (C)
CONTRACTOR SAFETY
I DATE & TIME OF INFRACTION:
I DESCRIPTION OF INFRACTION INCLUDING LOCATION:
I
ORDER GIVEN BY MUNICIPALITY:
I
I DID THE CONTRACTOR COMPLY WITH THIS ORDER?
I
I DATE & TIME OF COMPLIANCE:
ISSUED TO:
CONTRACTOR'S EMPLOYEE TITLE
I ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
I
I 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.
I
I
I
I SIAdminlForms & Specs/ClarirgtonlPoIicy-MOC
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-27
1. 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.
2. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this Contract.
For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defined in Clause
GC1.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GCl.06 of the
General Conditions on or before Friday, August 6, 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
therefor.
(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
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CLZ004-27
2.
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 $500.00 (Five
Hundred Dollars) as liquidated damages for each and every calendar day's delay in
achieving completion of the work beyond the date prescribed. It is agreed that this amount is
an estimate of the actual loss or damage to the Authority which will accrue during the period
in excess of the prescribed date for completion.
The Authority may deduct any amount under this paragraph from any moneys that may be
due or payable to the Contractor on any account whatsoever. The liquidated damages
payable under this paragraph are in addition to and without prejudice to any other remedy,
action or other alternative that may be available to the Authority.
3. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.01.09 is defined as an employee of the
Contractor.
4. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
5. LAYOUT
Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by
the addition of the following:
The Contract Administrator shall lay out and establish the primary aligmnent and grade controls
necessary for construction. The Contractor shall provide the Contract Administrator with
sufficient advance notice of his requirements to permit appropriate scheduling of the layout work.
The layout performed by the Contract Administrator shall be sufficient to permit construction of
the work by the Contractor in compliance with the Contract Documents, but shall not relieve the
Contractor of his responsibility for the provision of qualified personnel and normal tools of the
trade, as necessary for the transfer or setting of the secondary lines and grades from the primary
controls provided. Tools of the trade are interpreted to include but not necessarily be limited to
hand and line levels, boning rods, tape measures, lasers, etc.
6. 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.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-27
3.
7. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the General Conditions.
Notwithstanding the provisions of the General Conditions respecting certification and payment,
the Authority may withhold 2'12 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 fmal detailed statement of the value of all work
done and material furnished under the Contract. As a condition of holdback reduction from 10 %
to 2-112%, the Contractor shall supply a Statutory Declaration as defmed 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 GCI.06. The date for interest due to
late payment shall commence following 180 days after the date of completion of the work.
As a condition of the final holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
The Contractor shall include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial Performance or
not.
The Contractor is advised that the Authority may withhold payment on Interim and Holdback
Release Certificates up to 30 calendar days from the date of receipt of the executed Payment
Certificates.
8. UTILITIES
Sections GC2.01 and GC7.l2 02) of the General Conditions are deleted in their entirety and are
replaced by the following:
The Contractor shall be responsible for the protection of all utilities at the job site during the time
of construction.
The Authority will be responsible for the relocation of utilities where required. However, no
claims will be considered which are based on delays or inconvenience resulting from the
relocation not being completed before the start of this Contract.
The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact
the appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-27
4.
9. 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.
10. DUST CONTROL
As a part of the work required under Section GC7.06 of the General Conditions, the Contractor
shall take such steps as may be required to prevent dust nuisance resulting from his operations
either within the right-of-way or elsewhere or by public traffic where it is the Contractor's
responsibility to maintain a roadway through the work.
Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and
grinders of the wet type shall be used together with sufficient water to prevent the incidence of
dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the
area where the work is being carried out.
The cost of all such preventative measures shall be borne by the Contractor except however
where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which
it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of
water and calcium chloride as are authorized by the Contract Administrator to restrict dust to
acceptable levels, shall be paid for by the Authority at the contract prices for Application of
Water or Application of Calcium Chloride.
11. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined
in 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.
12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for
the supply, erection, maintenance and subsequent removal of all temporary traffic controls,
including signs, lights, barricades, delineators, cones, etc., required on the work.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-27
5.
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:
,!!j~~~ig~J~~~m~lmft:
i!.Nuii;ber Requu;@i
2
2
2
TC-l
TC-41A
TC-41B
CONSTRUCTION
CONSTRUCTION ZONE BEGINS
CONSTRUCTION ZONE ENDS
Traffic controls shall be operational before work affecting traffic begins.
13. MAINTENANCE OF TRAFFIC
The following traffic maintenance arrangements shall be in effect during work on this Contract.
It is the intention of the Contract that every reasonable effort shall be made to provide vehicular
access to the parking lot south of the Contract.
It is understood that implementation of traffic controls will require ongoing review and adjustment
to suit construction operations.
No deviation from the above procedure will be allowed except with the approval of the Engineer.
Notwithstanding the preceding. the Contractor shall at all times maintain the roadway surface
within the contract limits in a condition satisfactory to the Engineer and such that any emergency
vehicles may have immediate access to any building located within the limits of this Contract.
The Contractor shall be responsible for all signing at the contract limits and within the contract
limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be
the Contractor's responsibility to directly notify Police, Fire, Hospital and Ambulance services of
road closures at least 24 hours in advance of such closures and to notify these same authorities
when such closures are no longer in effect.
14. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract
Administrator in case emergency or maintenance measures are required regardless whether the
emergency or requirement for maintenance was caused by the Contractor's negligence, act of
God, or any cause whatsoever.
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.
I
SPECIAL PROVISIONS - GENERAL
I CON'IRACT NO. CL2004-27 6.
I 15. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
I 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 16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
I The requirements of OPSS 180 shall apply to this Contract, revised as follows:
.1 Section 180.03, Defmitions, shall be amended by the addition of the following:
I 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.
I .2 Subsection 180.07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
I Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding.
I 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.
I
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES
I In accordance with the requirements of Section 18a(l) of the Occupational Health and Safety Act,
the Authority has determined that the designated substances as listed hereunder are present on the
I site and within the limits of this Contract.
Desil!hated Substance Identified on this Site LOcll.tion
I Acrylonitrile No
Arsenic No
Asbestos No
I Benzene No
Coke Oven Emissions No
Ethylene Oxide No
I Isocynales No
Lead No
I Mercury No
Silica No
Vinyl Chloride No
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-27
7.
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 conunencement of this work, the Contractor shall provide written notification to the
Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario, M4H lAB of the
location(s) proposed for disposal of Designated Substances. A copy of the notification shall be
provided to the Contract Administrator a minimum of two weeks in advance of work starting.
In the event that the Ministry of the Environment has concerns with any proposed disposal
location, further notification shall be provided until the Ministry of the Environment's concerns
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.
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
Prior to the conunencement 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 WHMlS shall be labeled.
The Contractor shall notify the Contract Administrator of changes to the list in writing and
provide the relevant Material Safety Data Sheets.
19. SPILLS REPORTING
Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills
or discharges of pollutants or contaminants that are a result of the Contractor's operations that
cause or are likely to cause adverse effects shall forthwith be reported to the Contract
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-27
8.
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.
20. STORAGE AREAS
Clause GC3.06.01 of the General Conditions of Contract is amended by the addition of the
following:
Storage location of construction materials will be subject to the approval of the Central Lake
Ontario Conservation Authority.
21. GENERAL LIABILITY INSURANCE
Central Lake Ontario Conservation Authority shall be named as an additional insured.
22. CONSTRUCTION LIEN ACT
The Contractor shall give the Authority notice in writing, immediately, of all lien claims or
potential lien claims coming to the knowledge of the Contractor or his agents.
When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien,
the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable
legal fees therefore, all interest costs and expenses incurred by the Authority and an additional
sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such
remedy shall be in addition to any other remedy available to the Authority under the Contract
Documents.
Where any lien claimant asks from the Authority the production for inspection of the Contract
Documents or the state of the accounts between the Authority and the Contractor, the Contractor
shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made
as compensation for the preparation of such accounting or for the preparation of the Contract, or
both, as the case may be, and the Contractor acknowledges that such administrative fee shall be
properly deductible, if the Authority should so choose, from monies otherwise payable to the
Contractor under the terms of the Contract Documents.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-27
9.
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
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-27
10.
23. . PROPERTY OWNER'S RELEASE OF PRIV ATEL Y 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, CET, Director, Engineering Services
Corporation of the Municipality of Clarington
Municipal Administration Centre, 40 Temperance Street
BOWMANVILLE, Ontario LlC 3A6
Re: Contract No. CL2004-27
Dear Sir:
I hereby certify that
(Name of Contractor)
have fulfilled the terms of our agreement and have left my property in a satisfactory condition.
I have accepted their final payment and release
(Name of Contractor)
and the Corporation of the Municipality of Clarington from further obligations.
Yours very truly,
Signature
Property Owner's Name...... ..................... .Lot..... .Concession. .........
Municipality of ........................................
(Please complete above in printing)
Final payment will not be released to the Contractor until all the applicable forms of release have
been signed by the property owners and received by the Authority.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-27
SPECIAL PROVISIONS - TENDER ITEMS
PI2917IfSpecsfCU004-27120272.SP-T1.doc
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
BOWMANVILLE CREEK
LIVE CRIB WALL CONSTRUCTION
MUNICIPALITY OF CLARINGTON
CONTRACT SPECIAL PROVISIONS RELATED TO
ENVIRONMENTAL PROTECTION FOR EROSION PROTECTION WORKS
SPECIAL PROVISIONS - TENDER ITEMS: PREFACE
A. CONTRACT ITEMS:
Items in the Schedule of Unit Prices are intended to cover and include the supplying of all labour ,
equipment and materials necessary for the completion of the various works called for in this
Contract; and the prices set out in the said Schedule of Unit Prices for the said Items shall be full
compensation for labour, equipment, and materials supplied and necessary to complete and restore
all the work covered by the said Items and pertinent changes.
B. GENERAL NOTES: CHANNELIZATION AND FISHERIES MITIGATION MEASURES
1. Watercourse/Fisheries Protection
At all times, the Contractor's operations shall be controlled so as to prevent the entry of
deleterious materials to the watercourse. Controls shall include, but not be restricted to, the
following:
a) Erosion and sedimentation control and protection of environmentally sensitive areas, shall be in
compliance with requirements that may be specified elsewhere in the Contract. Sediment and
erosion control measures shall be implemented prior to work and maintained during the work
phase. All disturbed areas are to be stabilized upon completion of work.
b) Dewatering of the watercourse as noted on the contract drawings and as required to complete
the work shall not be constructed or utilized, unless otherwise approved by the Central Lake
Ontario Conservation Authority and the Engineer.
c) Where the Contract does not require work in watercourses or on watercourse banks, equipment
shall not be operated within such areas.
d) Where the Contract requires work in watercourses or on watercourse banks, operation of
equipment within such areas shall:
i) be kept to the minimum necessary to perform the specified work;
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
2.
ii) comply with operational constraints that may be specified elsewhere in the contract; and
iii) otherwise proceed in a continuous fashion so as to minimize the duration of such work.
e) Construction material, excess material, construction debris and empty containers shall be stored
away from watercourses and watercourse banks.
f) All equipment maintenance and refueling shall be controlled so as to prevent any discharge of
petroleum products . Vehicular maintenance and refueling shall be conducted a minimum of 30
metres from watercourses and watercourse banks at a location or locations approved by the
Engineer.
g) Where the area enclosed by cofferdams is dewatered, the Contractor shall release any stranded
fish to the watercourse without harm. Dewatering effluent shall be discharged so as to prevent
the entry of sediment to the watercourse. The crib wall construction works shall be conducted in
the "dry" by using various dewatering structures and pumps. "Dry" means a condition wherein
quality workmanship is possible and sedimentation does not occur in the active stream areas.
In the event that the Engineer determines that controls are unacceptable, the Contractor shall cease
those operations as identified by the Engineer which are causing the entry of deleterious material to
watercourses. Such operations shall remain suspended until otherwise directed by the Engineer in
writing.
The Contractor's operations shall comply with the constraints specified in Table A (below)
TABLE A
Bowmanville Creek crib wall construction and temporary
dewatering along the west creek bank.
Work permitted between June 15 and
September t 5
In-stream operations required to carry out the work identified in Table A, are prohibited in any
period outside the specified dates.
2. Watercourses/Fisheries Protection During Watercourse Channelization
The requirements ofthis special provision are in addition to those which may be specified
elsewhere in the Contract.
The Contractor shall give the Engineer written notice a minimum of 3 working days prior to the
date that permission is required to remove the dewatering structure.
The removal of the dewatering equipment/structure shall not commence until the Engineer has
given approval, in writing, to proceed.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
3.
Permission to proceed will be provided if the Engineer determines that:
a) the specified surface treatment (stone, etc.) of the watercourse west edge of channel has been
completed between the upstream and downstream limits as specified, and that all crib work
materials are in place.
b) any fisheries compensation/enhancement measures have been completed as specified;
c) measures are in place so as to prevent the entry of sediment from areas disturbed by
construction to the new watercourse channel; and
d) all materials not associated with the cotupleted structures, and all equipment and debris have
been removed.
3. Clearing/Grubbing for Channelization
It is strongly recommended that the Contractor hire a Landscape Cotupany that can demonstrate its
familiarity with bie-engineering techniques to carry out the tasks related to construction of the live
crib wall and plantings.
The alignment of the crib wall will be essentially as outlined. However, where large specimens of
trees are encountered, the structure limits may vary somewhat from that shown in order to
preserve the major root systems.
A length of snow fence must be installed around the route of entry for construction vehicles. No
disturbance of any vegetation beyond the limits of the snow fencing will be permitted.
4. Refueling Areas
Procedures for the interception and rapid clean-up and disposal of spillages that do occur shall be
submitted to the Engineer for review prior to starting work. All materials required for clean-up of
fuel spillages shall be maintained readily accessible on site.
No fuelling of any equipment shall be carried out within thirty metres of any watercourse.
Any spills apt to cause impairment to the natural environment must be immediately reported by the
Contractor to the Engineer and to the local Ministry of the Environment District Office.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACTNO.CLZ~V
4.
SITE PREPARATION AND RESTORATION - ITEM NO.1
Scope
Under this Item and for the Contract price, the Contractor shall supply all equipment, labour and
materials required to complete the works in accordance with requirements of the Ministry of Natural
Resources, the Central Lake Ontario Conservation Authority and other governmental agencies having
jurisdiction in the area of the proposed construction operations and to the satisfaction of the Engineer.
The Contractor must ensure that all required excavation is completed in the active streambed areas area
by using suitable dewatering techniques which will allow the required construction without sediments
being released to the streamflow.
General
It is intended that the works proposed be executed in such a manner which, to the fullest possible
extent, minimizes any adverse effect on the cultural and natural enviromnent of the project area. The
enviromnental conditions of the contract stated herein must be complied with in all respects. It is the
responsibility of the Contractor that all his personnel be sufficiently instructed so that the work is
carried out in a manner consistent with minimizing enviromnental insult.
The following general guidelines will apply to any in-stream construction and water quality protection
measures:
1. No in-water construction will be permitted that may damage fish habitat as a result of negligent
construction practices. Any such damage may result in the Contractor being liable to charges
under the Federal Fisheries Act.
2. In-water construction will be permitted from June 15th to September 15th.
3. Motorized equipment shall not travel in the active portion of the stream.
4. Refueling and maintenance activities for motorized vehicles will not take place in or immediately
adjacent to the watercourse.
5. Cleaning of equipment is not permitted in or adjacent to the watercourse.
6. A settling/filtration basin or adequate silt bag arrangement will be required for processing all water
from unwatering operations prior to it re-entering the creek.
The material obtained from any cleaning-out procedure shall become the property of the Contractor and
shall be disposed of outside the limits of the Contract at the Contractor's expense and in accordance
with the Enviromnental Protection Act and Regulations made thereunder and as directed by the
Engineer. Such work shall be deemed to be included in this Item and at no extra payment shall be
made for it.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
5.
Where in the opinion of the approving Authority, any of the terms, conditions, undertakings and
agreements herein have not been complied with or performed in a suitable manner, or at all, the
Authority has the right to immediately withdraw its permission to continue the work but may renew its
permission upon being satisfied that the defaults or deficiencies in the performance of this work by the
Contractor have been remedied. No compensation will be made to the Contractor for the withdrawal of
permission to do the work resulting from non-compliance with the requirements of approving
authorities or for any delays incurred.
Shop Drawings
Before commencing construction, the Contractor shall submit to the Engineer six (6) copies of his
method of dewatering, erosion and sediment control measures. These shall include detailed shop
drawings and specifications for his method of dewatering, methods of preventing erosion and siltation,
staging plans, temporary diversion, and settling/filtration basins during construction. The Contractor's
dewatering method will also be subject to approval of the Central Lake Ontario Conservation Authority.
Upon written approval of the drawings and procedures, the Contractor may commence the installation
of the water quality protection measures.
The large diameter trees at the north and south limits of the crib wall shall be protected with fencing
placed at the tree drip line perimeter. No large roots (Le. 50 mm diameter) shall be removed without
the Engineer's approval.
General Restoration
Restoration shall not be undertaken as a fmal project task but shall be initiated as soon as backf1lling
and compaction activities have been completed, except as otherwise approved by the Engineer. All
existing grassed areas disturbed by the Contractor's operation for any reason, shall be repaired with a
100 mm depth of topsoil and placement of sod.
The Contractor shall not permit any excavated materials or other material to be deposited in any
watercourses except that indicated in the contract documents, such as rock protection and any specified
materials to be placed in the dry.
SAFETY FENCING - ITEM NO.2
This item shall include all work required to install and maintain the construction site fences.
The fencing shown on the drawings shall be considered as a guide only and should be viewed as an
absolute minimum requirement.
The safety fences shall be constructed according to the locations shown on the drawings (or approved
equal), and with the approval of the Engineer in all locations as directed.
The safety fences shall be left in place until the completion of the contract.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
6.
Fence material shall be typical 1200 mm high snow fence or plastic fence such as manufactured by
"Tenax Corp" and supplied by "Armtec Construction Products".
EARTH EXCA V ATlON, GRADING - ITEM NO.3
Scope of Work
The Contractor shall excavate as required for the proposed live crib wall, rock protection and groyne as
shown on the drawings. The work included with this Item will also include disposal of excavated earth
and stone material at a site arranged for by the Contractor at his expense.
Earth Excavation
The excavation for the proposed structures shall not be outside of the neat lines as shown on the
drawings unless directed by the Engineer. Backfilling with native material will be allowed to obtain
required slopes.
The proposed wall and groyne's alignment shall be staked in the field by the Contractor.
Fill materials shall not be stockpiled immediately adjacent to the watercourse. A stockpile area
indicated on the contract Drawings. Reference the "Site Preparation" Item for dewatering requirements
respecting this Item.
LIVE CRIB WALL - ITEM NO.4
Under this Item and for the Contract price bid, the Contractor shall supply all labour, equipment and
materials to complete this Item as shown on the Drawings and as described herein. The Contractor shall
obtain the Engineers approval regarding his field location of the structure prior to work commencing on
the wall.
The potted willows required to complete the works under this Item shall be supplied from nursery grade
materials of type as specified at the end of this Item.
Plants shall be planted in such a manner that the roots will not be restricted or destroyed. Do not compact
soil around roots or ball.
No planting shall be done in soil that is too wet or too dry. or otherwise unsatisfactory as determined by
the Engineer. No payment will be made for such planting and all further planting work shall be
suspended until the Contractor has complied. For container stock or root balls in non-degradable
wrapping, remove entire container or wrapping without damaging root ball.
The Contractor under this Item shall be responsible for the condition of all plant material as described for
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACTNO.CL2~27
7.
two years. Replace plant material with the same plants or an approved substitute in the next growing
season. Extend warranty on replacement material for a period equal to the original warranty period.
Plant material installed less than 90 days prior to frost will be accepted in the following spring, 30 days
after the start of growing season provided acceptance conditions are fulf1lled.
Cedar material may be supplied in cut timber form of similar cross-section or as natural logs with the bark
removed. The geotextile shall be carefully cut (minimum diameter) to allow openings for the lateral
timbers as required.
There shall be 6 willow potted plants (equally spaced) placed in each 1.8 m x 0.225 m opening in the crib
above the waterline. The structure shall be positioned such that a horizontal timber runs parallel and
embedded a minimum of SO mm ~ into the stone in the channel invert as shown on the Drawings.
The stone included within the confmes of the crib wall below water level at the time of construction and
immediately below the crib wall as shown on the Drawings shall be 200 to 300 mm diameter, and the
cost for this material included under this Item. Stone shall be clean, sound, quarried limestone. Care
shall be exercised to ensure that the appropriate sized graded stone is placed at the wall openings so that
the stone cannot be removed and that the plantings are not damaged. The stone used for chinking the
openings should be varied gradation from ISO mm to 200 mm diameter and is included in this Item.
NOTE: Stone, potted willow plantings and topsoil placement shall be commenced immediately after
sections of the crib wall are complete in all other respects. The excavation of the bank shall be restricted
to a length of crib wall which can be completed each day in order to minimize the risks associated with
bank failure, flooding and sedimentation of the watercourse. One continuous layer of dead 10 - IS mm
diameter willow cuttings or evergreen boughs shall be placed throughout the rock fill material as indicated
on the drawings.
NOTE: An acceptable alternative to nailing the logs together would be to anchor them with a single 10 m
rebar placed vertically through all timber joints. The drilled hole shall be a lesser diameter than the steel
rebar to effect a tight fit.
Ail topsoil required to complete the crib wall and potted willow planting is considered to be an integral
part of this Item.
The placement and compaction of topsoil will require care and shall not be undertaken without the
authorization of the Engineer.
PLANT MATERIAL - ITEM NO.5
This work shall consist of furnishing all labour and materials to supply, install and maintain trees,
shrubs and perennials. It does not include the potted willow plantings inside the crib wall.
All plant material is to be approved at its source by the Contract Administrator at least 1 days in
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
8.
advance of shipment. No work under this Section is to proceed without approval.
Reference Contract Drawings for the "Plant List".
Acceptance of plant material at its source does not restrict rejection on site prior to or after planting
operations .
Contractor shall schedule his operations so that the planting is done in the fall of 2004.
Imported plant material must be accompanied by the necessary permits and import licenses, and
conform to Federal and Provincial regulations.
Mulch shall be a shredded bark mulch of various sizes. Mulch shall be free of any deleterious
materials or diseased wood.
Submit samples of mulch for approval by the Contract Administrator prior to delivery of mulch to the
site.
Apply anti-desiccant spray to all plant material prior to being transported.
Co-ordinate shipping of plants and excavation of holes to ensure minimum time lapse between digging
and planting.
Tie branches of trees and shrubs securely and protect plant material against abrasion, and exposure to
extreme temperature change during transit. Avoid binding of planting stock with rope or wire which
would damage bark, break branches or destroy natural shape of plant. Give full support to root ball or
large trees during lifting.
Keep roots moist and protected from sun and wind. Trees and shrubs that cannot be planted
immediately should be kept in shaded areas.
The Contractor hereby unconditionally warrants that plant material installed under this specification
section will remain free of defects for 2 full growth seasons. An inspection will be carried out at the
end of the warrant period.
During this period, any plant material that has died or failed to grow satisfactorily will be removed
within two weeks of written notification by the Owner.
Replace plant material in the spring or fall planting season as directed by the Owner.
The following materials shall be used to complete the installation of the plant material:
Water: Potable and free of minerals which may be detrimental to plant growth.
Stakes: Round wooden stakes, 60 mm in diameter and a minimum 2400 mm long.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
9.
Wire: Galvanized steel wire strand #10 gauge.
Mulch should have varying particle size.
Contractor shall water plant material as required at own expense. All plant material shall be watered
inunediately after planting.
All plant material shall comply with standards outlined in the guide Specification for Nursery Stock,
Third Edition (April 1984) of Canadian Nursery Trades Association referring to size and development
of plant material and root ball. Plant material is to be sized by measuring plants when their branches
are in their natural position. Height and spread dimensions refer to main body of tree or shrub. These
dimensions should not be taken from branch tip to branch tip. All trees and shrubs are to conform to
No.1 grade only. Caliper of deciduous trees 100 mm or less shall be measured 15 em above grade.
Caliper of deciduous trees greater than 100 mm shall be measured 30 em above grade.
Use trees that are structurally sound with strong fibrous root systems, free of disease, insects, defects
and injuries. Use trees with straight trunks exhibiting branching patterns characteristic of the species
being planted. Plants must have been root pruned regularly, but not later than one growing season
prior to arriving on the site.
Substitutions to plant material as indicated on Contract Drawings are not permitted unless written
approval has been obtained from the Contract Administrator as to type, variety and size. Plant
substitutions must be of similar species and of equal size or larger than those originally specified and at
no additional cost to the Owner.
Stake out location of trees and planting beds as per Contract Drawings. Make necessary adjustments in
layout. Obtain approval of all tree and shrub locations in the field from the Contract Administrator
prior to excavating and/or planting any material.
Plant only under conditions that are conducive to the health and physical condition of the plants.
Provide a planting schedule. Extending planting operations over a long period will not be accepted.
All plant material to be planted in accordance with the planting details on the Contract Drawings.
Provide drainage for planting pits in heavy soil if natural drainage does not exist. Have method
approved.
Protect bottom of planting pits against freezing.
Remove water which enters an excavated area prior to planting. Ensure that the source of water is not
ground water. Report inunediately to Contract Administrator if groundwater seepage is observed.
Tree pits excavated with a mechanical tree spade will not be accepted.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACTNO.CL2~27
10.
For detailed description of topsoil, see Topsoil specification.
Dig planting pits according to locations approved in the field by the Contract Administrator. Set the
tree to ensure that the top of the root ball is 50 to 100 mm above proposed adjacent grade unless
otherwise indicated or directed on site.
Plant trees and shrubs vertically ensuring that the roots are arranged horizontally. Orient plant material
to give the best appearance in relation to view from the surrounding structures, roads and walks.
Plant trees with balled and burlapped root balls by loosening and cutting away a minimum of the top
1/2 of burlap without disturbing the root ball. Do not pnll the burlap out from underneath the root ball.
Any wrapping that is not bio-degradable must be removed.
Plant trees with balled and burlapped root balls by tamping planting soil around the root system with
the butt end of a shovel in order to eliminate air voids. Frozen or saturated planting soil is
unacceptable. Water only after the backfilling of planting soil has been completed.
Cut binder twine from base of balled and burlapped root ball.
Plant trees with frozen root ball material by mulching planting pit to prevent thawing/freezing cycle.
Root ball shall sit on finn, unexcavated soil.
Wire baskets to be cut away to the top 1/3 of the rootball. Dispose portions of wire basket off site.
Remove all trunk wrapping from trees.
Stake deciduous trees 40 mm to 100 mm caliper; using round wooden stakes, a minimum of 2400 mm
in length, driven 750 mm into bottom of tree pit taking care not to damage the main roots. Fasten tree
to stakes with tree ring; thread wire through metal grommet in webbing strip, and fasten securely to
metal stake.
For trees larger than 100 mm caliper: provide guy wire and spanfix fasteners with appropriate anchor
support where required by top heavy trees or as requested by the Contract Administrator.
Prune trees and shrubs after planting, removing only dead, dying or weak branches. Employ clean
sharp tools and make cuts 6 mm from main branch, smooth and sloping as to prevent accumulation of
water. Remove brancheS that rub causing damage to bark. Do not damage led branches or remove
smaller twigs along main branches.
Obtain approval of planting before mulching material is applied. Loosen soil in planting pits and
remove debris and weeds. Spread the mulch to a minimum thickness of 100 mm. When mulch is
placed in the spring, place after the soil has warmed up and no frost is present.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
11.
Remove excess topsoil and mulch from the site and repair damage to sodded and existing plant material
caused by the planting operation. Soil or debris that spills onto pavement is to be cleaned up
immediately.
Payment for tree planting will include acquiring utility stake-outs, plant material, field location
approvals, excavation of the pits, supply and placement of planting soil mix (as required), backfilling,
fertilizing, mulching, staking, watering, pruning, and a 2 year guarantee.
At the end of the two-year warranty period, the Contract Administrator will conduct a final inspection
of all trees, perennials and shrubs including any replacements made during the warranty period. The
Contractor shall ensure the following:
. All tree replacement obligations have been completed, as identified by the Contract Administrator.
. All plant material will be exhibiting healthy growth, free of diseases and/or insect infestations.
. All tree pits shall be free of weeds.
. All tree stakes, wires and tree rings shall be removed from the plant material and disposed of off-
site.
During the warranty period, remove from the site any plant material that has died or failed to grow
satisfactorily as determined by the Contract Administrator. Replace this plant material immediately
with plant material of the same size species as originally specified.
Measurement for payment will be by each plant installed.
ROCK PROTECTION - ITEM NO.6
Scope of Work
The work shall be performed in general compliance with the drawings, OPSS 511 and as directed by
the Engineer, and shall consist of supplying and placing a protective covering of approved rock material
on the banks at the upstream and downstream limits of the crib wall structure.
Stone protection shall consist of sound, clean quarried stone forming a protective covering placed to the
cross section and limits as indicated on the Contract Drawings.
The quality of the stone shall be approved by the Engineer. Stone shall be of an angular shape and
clear of all fines. Stone shall satisfy the following gradation requirements:
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
12.
Gradation Limits for Stone Protection
100 % smaller than 1000 mm (2300 kg)
20% larger than 800 mm (700 kg)
80% larger than 500 mm (200 kg)
Placing shall be, carried out in such a manner that the surface of the finished stone protection shall have
a uniform planelflat appearance, and be without segregation. The top surface shall extend laterally to
the edge of the crib wall and below the toe of bank as indicated on the Contract Drawings or as directed
by the Engineer. The minimum depth of embedment shall be as shown on the Contract Drawings.
Because the rock is to be placed on geotextile, it shall be placed without freefall.
NOTE: Payment for geotextile, excavation and dewatering is included under other Items.
GEOTEXTILE - ITEM NO.7
Work deemed to be included in the unit bid price for this item shall be as follows:
a) Supply and place non-woven geotextile of the following type, or approved equal, in conformance
with the lines and dimensions shown on the Contract Drawings and as directed by the Engineer.
b) All supply and installation of geotextile incorporated in the proposed works shall be paid under this
Item. The structures where geotextile is measured for payment under this item include the crib
wall, groyne and streambank rock protection.
c) TerraflX "400R", or approved equivalent shall be used.
d) All seams to be overlapped 600 mm and this lap shall be considered as included in the contract
price.
ROCK GROYNE - ITEM NO.8
Under this Item and at the unit price for each weir, the Contractor shall supply all labour , equipment
and materials to construct the groyne as shown on the drawings and as specified.
The Contractor shall place 1000 to 1200 mm cubicle stone (approximately 3 t to 4.5 t each) as indicated
on the drawings.
The stone shall be unfragmented quarry stone approved at the quarry by the Engineer prior to delivery.
The stone shall be keyed 300 mm below the stream invert. Each stone shall protrude 400 to 600 mm
above the stream invert..
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-27
13.
All stone shall be machine placed to the configuration as shown on the drawings. The machinery shall
not travel in the dewatered area.
NOTE: Payment for the geotextile and excavation is included under other Items.
PATHWAY RESTORATION - ITEM NO.9
Work deemed to be included in this Item shall be as follows:
a) The area of removal shall be excavated to undisturbed earth.
b) The pathway shall be restored to a 3.0 m width to the following minimum standards:
150 mm of limestone chip and dust compacted to 100% SPD. The native earth backfill shall be
compacted to 95 % SPD in all areas requiring placement.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-27
STANDARD DRAWINGS
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
stANDARD NO.
OPSD
219.240
220.01
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2004-27
DESCRIPTION
DEWATERING TRAP
BARRIER FOR TREE PROTECTION
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Direction of flow ~
Light duty sediment
barrier
20m max
1m
~
Rock flow check
t_
A
,
.!
t_
A
Dewatering trap
~ Side slope
not to exceed 0.5:1
Typ
'/.
1m min
SECTION A-A
Silt fence barrier
OPSD-219.110
r
Temporary
rock flow check
be
x
o
E
E
o
'"
1
I
_.f
A
Excavated basin
20m ma<
DEWATERING TRAP WITH SILT FENCE
..
straw bale barrier
OPSD-219.100
r
Temporary
rock flow check
_.1
A
x
o
E
E
o
'"
1
I
Excavated basin
Interlace to be
gap free
20m max
~
'"
-,
..
DEWATERING TRAP WITH STRAW BALES
NOTE:
A All dimensions are in millimetres or
metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Date
DEWATERING TRAP
OPSD
219.240
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Limit of grading
I
I
I--- Dripline
Note I
Borrier
Note 3
('
Tree or
woadlot
Typical rural
fill sect7ion
- --...
,
..........
..........
~---
1.5m
Note 2
I
I
I
I
I
I
O. . II'
ngmal ground me
............ .............
------]"~ ,>
" ---
Typicol rurol '-...--------
cut section
STANDARD PROTECTIVE TREATMENT
Dripline............. i
Note I ~
1
1
Limit of grading
I
I
I
I
~ -
--I /
1.5 m 0.75 'I' I
Note 21\ II
II'
/II
I II
1
I
I
I
I
I
I
I
I
Original ground Ii ne
Typical urban sectio:S
__r,---
-,..-'.
'-_J
L___"]
MINIMUM PROTECTIVE TREATMENT
NOTES:
I Borrier for tree protection to be erected on dripline of designated trees or woodlot edge.
Borrier may be erected within dripline to maintain a buffer distance of up to 1.5m.
2 A buffer distance of up to 1.5 m to be maintained between borrier ond limit of grading.
3 Maintain a minimum distance of 0.75 m between tree trunk and barrier.
A All dimensions are in metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Date
1988 04 15
Date
BARRIER FOR TREE PROTECTION
OPSD -220.01
I
I
I
I
I
I
I
I
I
I
I
I
.1
I
I
I
I
I
I
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-27
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GENERAL CONOmONS OF CONTRACT
Table of Contents
SECTION GC 1.0 _INTERPRETATION
GC 1.01 Captions................................................................................................................... 1
GC 1.02 Abbreviations...........................................................................................................1
GC 1.03 Gender and Singutar References............................................................................ 1
GC 1.04 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 Wonds ............................................................................... 6
SECTiON GC 2.0. CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Onder of Precedence ............................................................................................... 7
SECTION GC 3.0. ADMINISTRATiON OF THE CONTRACT
GC 3.01 Contract Administrator's Authority ...........................................................................8
GC 3.02 Working Drawings ...................................................................................................9
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ................. 9
GC 3.04 Emergency S~ations............................................................................................10
GC 3.05 Layout....................................................................................................................10
GC 3.06 Working Area.........................................................................................................10
GC 3.07 Extension of Contract Time ................................,...........................................,...... 10
GC 3.08 Delays.................................................................................................................... 11
GC 3.09 Assignment of Contract ......................................................................................... 11
GC 3.10 Subcontracting by the Contractor.......................................................................... 11
GC 3.11 Changes ................................................................................................................ 12
GC 3.11.01 Changes in the Work............................................................................................. 12
GC 3.11.02 Extra Work............................................................................................................. 12
OPS General CClncI-.o of eomr.a - 86,Itao.lber 1899
T_ 01 ConlIf1Is .1
GC 3.11.03 Additional Work ..................................................................................................... 12
GC 3.12 Notices................................................................................................................... 12
GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance..................... 13
GC 3.14 Claims, Negotiations, Mediation............................................................................ 13
GC 3.14.01 Continuance of the Work....................................................................................... 13
GC 3.14.02 Record Keeping ..................................................................................................... 13
GC 3.14.03 Claims Procedure .................................................................................................. 13
GC.~3.14.04 Negotiations........................................................................................................... 14
GC3.14.05 Mediation ............................................................................................................... 14
GC 3.14.06 Paymenl................................................................................................................ 14
GC 3.14.07 Rights of Both Parties............................................................................................ 15
GC 3.15 Engineering Arbitration ........................................................................................... 15
GC 3.15.01 Conditions for Engineering Arbitration................................................................... 15
GC 3.15.02 Arbitration Procedure.............................................................................................15
GC 3.15.03 Appointment of Arbitrator....................................................................................... 15
GC 3.15.04 Costs...................................................................................................................... 16
GC 3.15.05 The Decision.......................................................................................................... 16
GC 3.16 Archaeological Finds ............................................................................................. 16
SECTION GC 4.0 - OWNER'S RESPONSIBILmES AND RIGHTS
GC 4.01 Working Area.........................................................................................................17
GC 4.02 Approvals and Perm~ .......................................................................................... 17
GC 4.03 Management and Dispos~ion 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 Contractofs Right to Continue the Work....................................... 18
T.bIIl 01 Contenta . i
OPS 00n0t8l CondIIlonI 01 ConIrocI. s..,.t....,., 11199
I
I
'I
I
I
I
I
I
I
I
I
I'
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GC4.10
GC 4.11
GC4.12
GC 4.13
Rnal Payment to Contractor.................................................................................. 19
T erminationof the Contract .......... ............ ......... ...... .................................. ............ 19
Continuation of Contractor's Obligations............................................................... 19
Use of Performance Bond ..................................................................................... 19
SECTION GC 5.0 - MATERIAL
GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.Q1
GC 5.05.02
Supply of Material.................................................................................................. 20
Quality of Material....... ....................................... .................................. .................. 20
Rejected Material................................................................................................... 20
Subslitulions .......................................................................................................... 20
Owner Supplied Material.......................................................................................21
Ordering of Excess Material..................................................................................21
Care of Material.....................................................................................................21
SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
GC 6.02
GC 6.03
GC 6.03.01
GC 6.03.02
GC 6.03.03
GC 6.03.04
GC 6.03.05
GC 6.03.05.01
GC 6.03.05.02
GC 6.03.05.03
GC 6.03.05.04
GC 6.03.06
GC 6.03.07
GC 6.04
Protection of Work, Persons and Property ............................................................23
Indemnification ...................................................................................................... 23
Contractor's Insurance..................... ................................... ................................... 24
General.................................................................................................................. 24
General Liability Insurance.................................................................................... 24
Automobile Liability Insurance. ................................ ............... .......... ........ ............. 24
Aircraft and Watercraft Liability Insurance............................................................. 25
Property and Boiler Insurance...............................................................................25
Property Insurance ................................................................................................25
Boiler Insurance ...... ......................................... ........... ........... .......... ...... ................ 25
Use and Occupancy of the WorIc Prior to Completion........................................... 25
Payment for Loss or Damage..............................~................................................. 26
Contractor's Equipment Insurance ........................................................................ 26
Insurance Requirements and Dunalion.................................................................. 26
Bonding.................................................................................................................. 27
SECTION GC 7.0 _ CONTRACTOR'S RESPONSIBIUTtES AND CONTROL OF THE WORK
GC 7.01
General.................................................................................................................. 28
CPS ~ COndiIIona aI COntr8Cl. 8epIeo.ibor ,-
Table aI ConlenlS .11
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC 7.09
GC7.10
GC7.11
GC 7.12
GC7.13
GC 7.14
GC 7.15
Layout ....... ........ ........ .... ................................. ...... ......... ............ ..... .......... ...... ........ 29
Damage by Vehicles or Other Equipment............................................................. 30
Excess Loading of Motor Vehicles ........................................................................ 30
Condition of the Working Area............................................................................... 30
Maintaining Roadways and Detours...................................................................... 30
Access to Properties Adjoining the Work and Interruption of Utility Services....... 31
Approvals and Perm~ .......................................................................................... 31
Suspension of Work .............................................................................................. 32
Contractor's Right to Stop the Work or Terminate the Contract............................ 32
Notices by the Contractor.................:..................................................................., 32
Obstructions........................................................................................... ..... ........... 33
Umilations of Operations....................................................................................... 33
Cleaning Up Before Acceptance ........................................................................... 33
Wanranty ................................................................................................................ 33
GC 8.01
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01.01
GC 8.01.02
GC 8.02
GC 8.02.01
GC 8.02.02
GC 8.02.03
GC 8.02.03.01
GC 8.02.03.02
GC 8.02.03.03
GC 8.02.03.04
GC 8.02.03.05
GC 8.02.03.06
GC 8.02.03.07
GC 8.02.03.08
GC 8.02.03.09
GC 8.02.03.10
GC 8.02.03.11
Measurement......................................................................................................... 35
Quantities............................................................................................................... 35
Variations in Tender Quantities .............................................................................35
Payment................................................................................................................ 35
Price for Work........................................................................................................35
Advance Payments for Material......................................................,...................... 36
Certification and Payment ..................................................................................... 36
Progress Payment Certificate................................................................................ 36
Certification of Subcontract Completion .............;.................................................. 37
Subcontract Statutory Holdback Release Certificate and Payment...................... 37
Certification of Substantial Perfonmance............................................................... 37
Substantial Performance Payment and Substantial Perfonmance Statutory
Holdback Release Payment Certificates............................................................... 38
Certification of Completion ....................................................................................38
Completion Payment and Completion Statutory Holdback Release
Payment Certificates .............................................................................................39
Interest............. .............. ........ ............................................................. ............ ....... 39
Interest for Late Payment ...................................................................................... 39
Interest for Negotiations and Claims ..................................................................... 40
Owner's Set-Off .....................................................................................................40
Table of ConIAInIs -Iv
0P8 Gena'" CondItlona 01 ConbacI. s....- 1899
I
.1
I
I
I
I I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GC 8.02.03.12
GC 8.02.04
GC 8.02.04.01
GC 8.02.04.02
GC 8.02.04.03
GC 8.02.04.04
GC 8.02.04.05
GC 8.02.04.06
GC 8.02.04.06.01
GC 8.02.04.06.02
GC 8.02.04.07
GC 8.02.04.08
GC 8.02.04.09
GC 8.02.05
GC 8.02.06
GC 8.02.07
GC 8.02.08
GC 8.02.09
Delay in Payment ..................................................................................................40
Payment on a Time and Material Basis................................................................. 40
Definitions. ....... ........ ........ .................. .............. ..... ........... .......... ............... ............. 40
Daily Work Records............................................................................................... 41
Payment for Work.................................................................................................. 41
Payment for Labour ...............................................................................................42
Payment for Material ............................................................................................. 42
Payment for Equipment......................................................................................... 42
Working Time ........................................................................................................42
Standby Time ........................................................................................................ 42
Payment for Hand Tools..............................h........................................................ 43
Payment for Work by Subcontractors.................................................................... 43
Submission of Invoices..........................................................................................43
Final Acceptance Certificate .............................................................................. .... 43
Payment of Workers ..............................................................................................44
Records .................................................................................................................44
Taxes and Duties................................................................................................... 44
Liquidated Damages............................................................................................... 45
OPS Gene..' Conditions at ConIrKt. 8eplwnber 1m
Tillie at Contento . v
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GC 1.01
Ontario Provincial Standards
for
Roads and Public Works
September 1999
GENERAL CONDITIONS OF CONTRACT
SECTION GC 1.0 . INTERPRETATION
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"
"ANSI"
"ASTM"
"AWG"
"AW'NA"
"CESA"
"CGSB"
"CSA"
.CW'BIl
"GC"
"MOE"
"MTC"
"MTO"
"MUTCD"
OOPS"
-"OPSD"
"OPSS"
"PEO"
"SAE"
"SSPC"
.UL"
"ULC"
GC 1.03
American Association of State Highway Transportation Officials
American National Standards InstitUte
American Society for Testing and Materials
American Wire Gauge
American Water Works Association
Canadian Engineering Standards Association
Canadian General Standards Board
Canadian Standards Association
Canadian Welding Bureau
General Conditions
Ministry of the Environment (Ontario)
Ministry of Transportation (Ontario)
Ministry of Transportation (Ontario)
Manual of Uniform Traffic Control Devices. published by MTO
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
professional Engineers Ontario
Society of Automotive EngineelS
Structural Steel Painting Council
Underwriters Laboratories
Underwriters Laboratories Canada
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 nequires.
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.
pagel
OPS Genor8I Cond_ oA c:c.r.nct- Sepl8rnber 111119
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 ~ intended scope.
Base: means a layer of material of specified type and thiclkness 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 50 authorized, directing that a Change in the Work or Extra Work be performed.
.~
Change in the Work: means the deletion, extension, increase, decrease or alteration of lines, grades,
dimensions, quantities, methods, drawings, substantial changes in geotechnical, subsurface, surface or
other conditions, changes in the character of the Work to be done or materials of the Work or part theneof,
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 Tune.
Completion Certificate: means the certificate issued by the Contract Administrator at completion.
Constructor: means, for the purposes of, and within the meaning of the Occupationa/ Health and Safety
Act, R.S.O. 1990, c.O.1, as amended and amendments thereto, the Contractorwiho 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 Agneement 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 Agneement, such other documents as may be listed In the Agneement and
subsequent amendments to the Contract Documents made pursuant to the provisions of the Agneement
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 general~ theneof, may include 50il 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
Agneement
Controlling Operation: means any component of the Work, which, If delayed, will delay the completion of
the Work.
"-2
OPS o.n..I eoo-... ol Conncl. Beplo.,lber 1999
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Cost Plus: See "Time and Materiar.
Cut-Off Date: means the date up to which payment will be made for work performed.
Daily Work Records: mean daily Records detailing the number and categories of workers and hours
worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and
description and quantities of Material utilized.
Day: means a calendar day.
Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or
Working Plans, or any reproductions of drawings or plans pertaining to the Work.
Equipment: means all maclhinery and equipment used for preparing, fabricating, conveying or erecting
the Work and nonmally referred to as construction machinery and equipment.
Estimate: means' a calculation of the quanmy or'COSt-ofthe Work or1Jartilt iNlepending 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 regulalionswhiclh 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 ~ms and Extra Work, all as set out in the same general form as the monthly
estimates.
Fon:eAccount See'Tnne and Materiar.
Geotechnical 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 ~m indicating a portion of the Work for whiclh 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 ~ tender un~ 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 fonning part of the Work.
OPS Gene'" Condltlona at Connct. &..,Aerober ,-
hge3
Owner: means the party to the Contract for whom the Work is being perfonmed, as identified in the
Agreement. and includes, with the same meaning and impont. "Authority".
Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete - Portiand cement concnete, or plant or road mixed mulch.
Performance Bond: means the type of security fumished to the Owner to guarantee completion of the
Work in aecondance 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.
Rate;C?f Interest: means the rate determined by the Minister of Finance of Ontario and issued by, and
ava:~'e from, the Owner.
.~_-~'.l
Records: mean any books, payroUs, 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.
,
.f.-
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the d~ or fill slope.
Special Provisions: mean special directions containing nequirements peculiar to the Work.
Standard Specification: means a standand practice nequired 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 ~ 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
. ~;
Subsuiface 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.l.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 aeconding to clause GC 8.02.04, Payment on a Time and
Material Basis. Where "Cost Plus" and "Force Accounf' are used they shall have the same meaning.
poge 4
OPS General CoI_.. at ConlracI. 8eplen1bet 1m
I
I'
I
I
I
I
I
I
I
I
I
I
,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Utitity: means an aboveground or underground facil~ maintained by a municipal~, public util~ authority
or negulated authoritY and includes services such as sanitary sewer, stonm 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 Wort<. Where a date of
Substantial Perfonmance is not established, the Warranty Period shall commence on the date of
Completion.
Work: means the total construction and related services nequired by the Contract Documents.
Working Area: means all the lands and 'easements owned or acquired by the Owner for the construction
of the Wort<.
Working Day: means any Day,
a) except Saturdays, Sundays and statutory holidays;
. b) .- exCept a' Day as t1eterriiined b)l"the Contract. Administrator; 'on"Which'the-Contraclor -is prevented by
. - incllennent weather or conditions resulting immediately1herefrom,'frOIn proceeding'witln-Controlling
. Openation..' For the purposes' of this definition, this will be a Oay during whiclr the Contractor cannot
proceed with at least 60% of the normal labour and equipment fonce effectively engaged on the
ControUing Operation for at least 5 hours:
c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as
detenmined 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 anyone 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 ptans prepared by the Contractor for the
execution of the Work and may, without limiting the general~ theneof, include faisework plans, Roadway
protection plans, shop drawings. shop plans or erection diagrams.
GC 1.05
Su~ntialPerlonnance
.01 The Work is substantially performed,
a) when the Work to be perfonmed under the Contract or a substantial part. thereof is ready for use
or is being used for the purpose intended: and
b) when the Work to be performed under the Contract is'capable'of completion or, where there is a
known defect. the cost of correction, is not more than
i. 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 theneof 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 nequired to complete the Work shall be deducted from the Contract
price in detenmining Substantial Performance.
OPS o.n.raI Concl_ 01 ConncI- ......-.11199
,"-5
GC 1.ll6
Completion
.01 The Wonk shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Wonk 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
wonk and has discharged all of the Contractor's obligations under the Contract
GC 1.08
Interpretation of Certain Words
.01 .-:the wends "acceptable", "approval", "authorized", "considened necessary", "directed", "nequined",
.. :~'.~satisfactory", or wends of like Import, shall mean approval of, directed, nequined, considened
. - necessary or authorized by and acceptable or satisfactory to the Contract Administnator unless the
context clearly indicates otherwise.
, ~
.-
"-8
OPS 0ene<Il Condllloo. aI Controcl. Sep"',~ 1m
I
I
-I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
t
I
I
I
I
I
I
,
I
I
I
I
I
I
I
I
I
I
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the information fumished in the Contract Documents can be relied upon with
the following lim~tions 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 avaitable 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
docurnents shall take precedence and govern in the following order:
a) Agneement
b) Addenda
c) Special Provisions
d) Contract Dnawings
e) Standard Specifications
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) Working Dnawings
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'Dnawing shall govem where they differ from dimensions scaled
from the same dnawing;
b) Dnawings of larger scale shall govem over those of smaller scale;
c) Detailed Drawings shall govem over general Drawings; and
d) Drawings of a later date shall govern over those of an earlier date in the same series.
.03 In the event of any conflict in the contents of Standard Specifications the following order of
precedence shall govem:
a) Ontario Provincial Standard Specifications; then
b) Other Standard Specifications. such as those pnoduced by CSA, CGSB, ASTM and ANSI, and
referenced in the Ontario Provincial Standard Specifications.
.04 The Contract Documents are complementary. and what is nequired by anyone shall be as binding as
if nequlred by all. "
OPS 0enenI1 Condltlona 01 Conlrac:I- ........lber 1m
,"-7
SEcnON 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 mattens in question relating to the performance and the qual~ 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 ~ conform~ ~ the plans and specifications,
al}d 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
r~..,!ump sum price contract.
-,,,,,,.
.04 ~Tfie 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 ~ reasonable promptness review and take appropriate action upon
the Contractor's submissions such as shop drawings, pnoduct data, and samples in accordance ~
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 Ordens.
.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 ~ the intent of the Contract Documents
and in making these decisions the Contract Administrator will not show partial~ 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 promptfy from the Work by the Contractor and replaced or re-executed
promptfy in accordance ~ 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 ~ 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 Admin~tor.
p_e
OPS General eo.-.. 01 ConncI- S ,pi ,,,*1lK19
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.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 aulho~ to temporarily suspend the Work for such
reasonable time as may be necessary to facil~te 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 bnot cauSe delay in the' Work. 'If !lither 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.
PJ. 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 enrors
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
fonce 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 shaD, 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.
OPS General ConcIIllanO 01 ConllIIct. s..,AlImber Ill99
Page 8
GC 3.ll4
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 s~uation. If the Contractor does not take timely action, or if
the Contractor is not available, the Contract Administrator may direct others to remedy the s~uation.
7,
.02 If the emergency s~uation 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
. ,,~rrnation provided by the Contract Administrator. .
~io<>. .
GC 3.06 Working Area
,
__ii1..,,.,
.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 Onderfy condition
alall 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 neoeived prior written penmission 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 nequined.
.02 ,Circumstances su~ble 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) Add~ional 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 Operalicln.
.04 The Contract Time shall be extended for such add~ional time as may be recommended by the
Contract Administrator and deemed fair and reasonable by the Owner.
.05 The tenms and conditions of the Contract shall continue for such extension of Contract Time.
,"-10
OPS 0enenI1 Cond_ of Connct- Seplember 1m
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GC 3.08
Delays
.01 If the Contractor is delayed in the perfonnance of the Work by,
a) war, blockades, and civil commotions, errors in the Contract Documents; an act or omission of the
Owner or Contract Administrator, or anyone employed or engaged by them directly or indinectly,
contrary to the provisions of the Contract Documents;
b) a stop work order issued by a court or public autho~, 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 subsectionGC 7.09, Suspension of Work.;
d) abnonmal inclement weather; or
e)anchaeological finds in accordance with subsection GC 3.16, Anchaeological Finds,
then the Corrtractor shall be reimbursed by the Owner forrea50nablecosts incurred by the Contractor
as the result of such delay, provided that in the case of an application for an extension of Contract
Tune due toabnonmal inclement weather; the' Contractor'shall~ with.the-Contractor's application,
submit evidence from Environment Canada in-support of SUchllpplication.'''~nsion of Contract
Tune will be granted in accordance with subsection GC 3,07 i Extension of.Contract Tune.
.02 If the' Work is delayed by labour disputes, strikes or - Iock-'Outs -' including' Iock-outs decreed or
recommended to its members by a recognized contracto(s association, of which 'the Contractor is a
member or to Which the Contractor is otherwise bound - Which are beyond the Contractor's control,
then the - Contract Tune shall ;be' exIet1ded" in' accordance with .. subsection GO, 3,07.. .Extension of
Contract Time. In no case shall the extension of Contract Time be less than the time lost as the
result of the event causing the delay, unless a shorter extension is agreed to by the Contractor;' The
Contractor shall notbe 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. e~er in whole or in part, without the Wlitlen consent of
the Owner.
GC 3.10
Subcontracting by the Contractor
.01 The Contractor may subcontract any part of the Work.; subject to these General Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator, in writing~'of'the'lntentionto subcontract Such
notifiication 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 rea50ns 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 arid 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 nequire them to perfonm their work in
accordance w~ 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 0enenI1 Cond_ 01 Connct. s.,Aombet ll199
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
GC 3.11.01
Changes
Changes In the Work
.01 The Owner, or the Contract Administrator where so authorized, may, by onder 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.lJJe Contractor may apply for an extension of Contract Time acconding to the terms of subsection GC
3:07, Extension of Contract Time.
.03 If,the Changes In the Work relate solely to quantities, payment for that part of the Work will be made
-seconding 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 acconding to the
conditions contained in clause GC 8.02.04, Payment on a Tme and Material Basis.
,
GC;5.11.02
Extra Work
.01 The Owner, or Contract Administrator where so authorized, may Instruct the Contractor to perfonn
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 acconding to the terms of subsection GC
3.07, Extension of Contract Tme.
.03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations. Mediation, or payment may be made according to the conditions contained in clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3.1.1.03
Additional Work
.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 Add~ional Work upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract Time acconding to the tenns 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 maU.
"-12
0P8 __ ea._.. 01 ConllKt. 8epteo,Ibet 1_
I.
I.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.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
. accondance with the notice provision of the Contract
GC 3.13
, Use and Occupancy of the Work Prior to Substantial Perfonnance
.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;- providedJhatatJeast 30 Days' written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part 1heneof by-the Owner priortoSubstantial Performance
shall not constitute an acceptance of the Work or parts so' occupied. In-addition, the use or
occupancy of the Work shall not relieve 1he Contractor or the Contractor's SUrety from any liabil~
- that has arisen, or may arise,from the performance 'of theWorK'in'acconlance'with 1he 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 rightto'charge'the'Contractorfiquidated damages in accondancewith the terms of the
Contract
GC3.14
GC 3.14.01
Claims, Negotiations, Mediation
Continuance of the Work
.01 Unless the Contract has been terminated or completed, the Contractor shall in every case, after
serving or receiving any notification of a claim or dispute; verbal or written, continue to proceed with
the Work with due diligence and expedition. It is understood by the parties that such ,action will not
jeopandize 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 WorKRecordsto' be used in 'sssessing'1he Contractor's claim,
all in accondance with clause GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Reconds on
a daily basis, to simplify review of the claim, when submitted.
.03 The keeping of Daily Work Reconds by the Contract Administrator or the reconciling of such Daily
Work Reconds 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 standand form "Notice of Intent to Claim" within 7
Days of the commencement of any part of the Work which may be affected by the s~ation.
OPS Genem Concl_ of Conlrecl- s..,A..- 1m
hge13
.03 The Contractor shall submit detailed daims as soon as rea50nably 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 daim is made; and
c) include the Records maintained by the Contractor supponling 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 Wrthin 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may
nequest the Contractor to submit any further and other panliculars as the Contract Administrator
considers necessary to assess the daim. The Contractor shall subm~ the requested information
w~in 30 Days of receipt of such nequest.
.05 Wrthin 90 Days of receipt of the detailed daim, the Contract Administrator shall advise the Contractor,
in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
;os," '
GC 3.14.ll4 Negotiations
~,.;j~~--:-
.01 "The panlies 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 daim, 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 dause GC
3.14.05, Mediation, or subsection GC 3.15, Engineering Arb~tion.
GC 3.14.05
Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in dause 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
OJeet with the panlies together and separately, as necessary, to review all aspects of the issue. In a
final attempt to assist the panlies in resolving the issue themselves prior to proceeding to arb~on
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 shaned 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 dalm or
dispute. Such payment will be made according to the terms of Section GC 8.0, Measurement and
Payment
P_14
OPS Genet8I CondItJono d Connct. 8eplember 11119
I.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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
e~er 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
GC 3.15.01
Engineering Arbitration
Conditions for Engineering Arbitration
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, or the mediation stage noted in clause GC 3.14.05, Mediation, either party may invoke
the provisions 'of subsection GC 3.15, Engineering Arbitration. by giving written notice to the other
party.
.02 Notification that arbitration shall be implemented to resolve the issue shall be 'communicated in writing
as soon as possible and 'no Iaterthan"60"Days~following"the''Opinion'''9iven 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 Thenules and procedures of the MitraOOn 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 thea~tor has exceeded 'his or her jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions in respect of the matters under a~tionwill'be'stayed pending arbitration;
b ) All outstanding claims and matters to be settled are to be set out in a schedule to the agneemenl
Onty such claims and matters as are in the schedule will be arbitrated; and
c) Before pnoceeding 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 arb~or shall be mutually agreed uponby'the OWnerand Contractor:to'adjudicate the dispute.
.02 Where the Owner and Contractor cannot agnee on a sole arbitrator ~hin 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 w~in 37 Days of the notice of arbitration.
.03 The appointees shaH 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 e~er 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 Gener8l Conditio.. of ConIract - So.p4Iomber 1_
"-15
.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 a~tor's fee shall be equally shaned by the Owner and the Contractor.
.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shaned equally by the Owner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agneed 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 rea50nable costs, related to the arbitration.
GC 3.15.05
The Decision
'5;:,.;
.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, Paymenl
GC3.16
Archaeological Finds
,'.'
.01 If the Contractor's operations expose any ~ems 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 Wort< 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 w~ an archaeological find will be considered as Extra
.: Wort< in accordance with clause GC 3.11.02, Extra Work.
.~~'''-'.
-, .,.;:.-.~
Page 16
OPS GeMfII Condltiono of Connct. Sepl8mber 1m
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
t
I
I
I
I
I
I
I
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 Pennlts
.01 The Owner will pay for all plumbing and building perm~.
.02 The Owner will obtain and pay for all permits, licenses and ,certificates:..solelY,Jequired for Project
approval. .
GC 4.03
, Management and Disposition of Materials
.01 . The Owner will identiify in the Contract Documents the materials to be moved within or removed from
the Working Area, and any characteristics' of those materials which will necess~e special materials
management and disposition.
'.02 Inacl:Xlrdancewith1"eQulations under the OCcupational Healthand'SafetyAct; RS.O.' 1990. c.O.1,. as
amended, the Owner advises that
a) the designated substances silica, lead and arsenic are generally present throughout the Working
Area occunring naturally or as a result of vehicle emissions;
b) the designated substance asbestos is present in asbestos conduits for utilities;
e)' the 'following' hazardous. materials' are ,ordinarily present in construction: activities:' limestone,
gypsum, marble, mica and Portland cement; and
d) exposure 'to these substances mayOCCtlr as 'a result of activities by the Contractor such as
sweeping, grinding, crushing, drilling, blasting; cutting and abrasive blasting.
.03 The Owner will identiify 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 discovens or is advised ,of .the' presenceof.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 aocording'1o ,paragraph:GC'4,03,03;1hen: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 nequired to complete the
work in aocordance with applicable legislation and regulation.
.05 The Owner will' be responsible for any reasonable' additional c6Sts 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 containens used In the application of products controlled under WHMIS shall be
labelled. The Owner will notify the Contractor In wr1tIng of changes to the fist and provide relevant
Material Safety Data Sheets.
OPS General Conditio.. of COnIract. 8eplembet' IllVll
Page 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 beneffl of creditors
because of insolvency or if a receiver is appointed because of insolvency. '
Gq,~,p6 Notification of Default
o'..:;'?
.01~Jhe Owner will give written notice of a default to the Contractor as soon as the Owner becomes
, aware of the aUeged default but failure to give such notice in a timely way shall not constitute
condonation of the default The notice will include Instnuctions 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 corTect the default and provide the Owner with satisfaCloly 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 corTect the default within the time specified in subsection GC 4.07,
.:~CJntractor's Right to Correct a Default, or subsequently agneed upon, the Owner, without prejudice to
,I\ny 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
Tennlnation of Contractor's Right to Continue the Work
.01 Where the Contractor fails to corTect a default within the time specified in subsection GC 4.07,
Contractor's Right to Correct a Default, or subsequently agneed upon, the Owner, without prejudice to
any other right or re.medy the Owner may have, may terminate the Contractor's right to continue the
Work in whole or in part by giving written notice to the Contractor.
.02 If the Owner terminates the Contractor's right to continue ~h the Work in whole or in part, the Owner
wUJ be enmled 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 rlght 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;
P_'8
OPS Gene<.I Cond_ d eontrocl. &e,lIember 11199
I~
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 comection of the default
e) charge the Contractor a rea50nable allowance, as determined by the Contract Administrator, to
cover comection to the Work performed by the Contractor that may be nequired under subsection
GC 7.15, Wanranty;
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 comections to the Work under subsection
GC 7.15, Wanranty, exceeds the allowance provided for such corrections.
GC 4.10
Final Payment to Contractor
.01 If the Owner's cost to correct and complete the Work in, whole or in part, is ,less than the amount
withheld from the Contractor under subsection'GC4.09:Termination-of-.,Contractor's Right to
Continue the Work; the Owner will pay the'balance to1he'Contractor,as soon:as the final accounting
for the Contract is complete.
GC 4.11
Tennination 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
creditons.
.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.
GC4.12
Continuation of Contractor's Obligations
.01 The Contractor's' obligation under the Contract as to quality; oomection and wanranty 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.
GC4.13
Use of Performance Bond
.01 If the Contractor is in default of the Contract and the Contractor has pnovided a Performance Bond,
the provisions of this Section shall be exercised' in accordance with the conditions of the Performance
Bond. -,
CPS Gene..1 Cond_ 01 Cantract. """,",_,m
poge Ie
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 suppfied by the Contractor shall be new or unless otherwise specified in the Contract
Documents.
.02 Material supplied by the Contractor shall confonm to the requirements of the Contract
.03 As specified or as requested by the Contract Administrator, the Contractor shall make available for
"i2spection or testing a sample of any Material to be supplied by the Contractor.
.,....,..
.04 ,The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the
Material manufacturer or supplier to canry out such inspection, sampling and testing as specified or a
, requested by the Contract Administrator.
.05 The Contractor shan notiify the Contract Administrator of the soun:es 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 requined inspection, sampling and testing before the scheduled shipping
date.
.07 The Contractor shall not change the sounce of supply of any Material without the written authorization
of the Contract Administnator.
.08 Material which is not specified shall be of a quality best su~ed to the purpose required and the uSe of
such Material shall be subject to the approval of the Contract Administrator.
GC 5.9jl
Rejected Material
.01 R~jected Material shall be removed from the Working Area expeditiously after the notification to that
e~ect from the Contract Administrator. Where the Contractor fails to comply ~ 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. Mer 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 infonmation as the Contract Administrator may require.
P_20
OPS 0enenI1 CondftIono of Contr8d. September 1_
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.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 substiMion 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 Certifiicate 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
Ordering of Excess Material
GC 5.05.01
.01 Where Material is supplied by the Owner and where this Ma\erial-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 .TheContractor shall, in advance of receipt of shipments of Material supplied by the Owner, provide
. adequate and proper storage facilities acceptable to the Contract Administrator, and on the receipt of
such Material shall promptly place it in storage except where it is to be incorporated forthwith into the
Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the
specified delivery point and for ~ safe handling and storage. If such Material is damaged while
under. the control of the Contractor ~ 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 ~ 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,'1he :quantitiesshown on the bills of
lading, the Contractor shall immediately report such damage or discrepancies to the Contract
Administrator who shall arrange for an', immediate Inspection ,of ,the.:shipment and provide the
Contractor with a written release from responsibility for such damage or,'<!eficiencies. Where damage
or deficiencies are not so reported ~ will be assumed that the shipment arrived in good order and any
damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material
shall not, except with the written permission of the Contract Administrator, be used by the Contractor
for purposes other than the performance of the Work under the Contract.
.05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be disposed of by the Contractor unless otherwise specified in the Contract
Documents.
OPS Oene..1 Cond_ d COnlIacl. ~r 1m
P_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 neconcile 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,
checlk the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile s~e. Where damage or deficiencies are not so necorded by the
Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge
of ~ and any damage or deficiencies reported thereafter shall be made good by the Contractor at no
extra cost to the Owner.
.,....,
-......"
-=t.
"f?J- .
poge 22
OPS 0....., Condltlono of Conncl. Seplon\be( 1m
I.
I-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I '
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION GC 6.0 - INSURANCE, PROTECTION AND DAMAGE
GC 6.01
Protection of Work, Persons and Property
.01 The Contractor, tihe Contractor's agents and all workers employed by or under the control of the
Contractor, including Subcontractors, shall protect the Work, persons and property from damage or
injury, and shall be responsible for all losses and damage which may arise as the nesult of the
Contractor's operations under the Contract unless indicated to tihe contrary below.
.02 The Contractor is nesponsible for tihe full cost of any necessary temporary provisions and tihe
restoration of all damage where the Contractor damages tihe Work or property in the perfonmance of
the Contract If the Contractor is not responsible for the damage that occurs to the Work or property
the Contractor shall nestore such damage, and such work shall be administered according to these
General Conditions.
.03 The Contractor shall immediately inform ,thlfContract Administrator of all"damage and injuries which
occur during tihe tenm of the Contract
.04 The Contractor shall not be nesponsible for loss and damage tihat occurs as a nesult of,
a) war;
b) blockades and civil commotions;
c) enrors in tihe Contract Documents; or
d) acts or omissions of tihe Owner, the Contract Administrator, their agents and employ., or others'
not under tihe control of tihe Contractor, but within the Working Area with the Owner's penmission.
.05 The Contractor and his Surety or Sureties shall not be released from any tenm or provision of any
responsibility, obligation or liability under the Contract or waive or impair any of tihe rights of tihe
Owner except by a release duly executed by the Owner.
GC 6.02
Indemnlf'lC8tion
.01 The Contractor shall indemnify and hold harmless the Owner and tiheContract 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
indirecl1y arising or alleged to arise out of the performance of or the failure to perfonm 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 anyoneJor ,whose acts tihe Contractor
may be liable; and
c) made in writing within a period of 6 years from the date of SubstantialPerfonmance of the Work as
set out In the Certificate of Substantial Performance of the Work or, where so specified in tihe
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,eroyalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material furnished by the Contractor under the
Contract
.03 The Owner expressly waives the right 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 tihe Contractor, his agents, officers and employees
from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or
proceedings arising out of the Contractor's perfonmance of the Contract which are attributable to a
lack of or defect in title or an alleged lack of or defect In title to tihe Working Area.
CPS Gene..1 Cond_ 01 eonnct - September 11199
pege 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 50
specified in the Contract Documents.
GC 6.03.02
General Uability Insurance
...:'
.01 {3eneralliability insurance shall be in the name of the Contractor, with the Owner and the Contract
, ~~ministrator named as additional insureds, with limits of not less than 5 million.dollars inclusive per
(l,CCUrrence for bodily injury, death, and damage to property including loss otuse thereof, with a
:P.(9perty damage deductible of not more than $5000. The fonm of this insurance shall be the
1.l1surance Bureau of Canada Form IBC 2100, dated 8-87. '
.02"Another form of insurance equal to or better than that required in IBC Fonm 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 requined
insurance.
~.~
.03 The insurance shall be maintained continuously from the commencement of the Work until 12 months
following the date of Substantial Perfonmance 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, pnoof of continuation of the completed operations
, coverage and if the Contractor fails to do 50, 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
Quilding or land, IBC Form 2100 as requined shall include the appropriate endorsements.
,~-. ,-
~1C.:
.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 !lot be permitted.
GC 6.03.03
, Automobile Liability Insurance
.01 Automobile liabilitY insurance in respect of licensed vehicles shall have Iim~ of not less than 5 million
dollars inclusive per occurrence for bodily injury, death and damage to property, in the following fonms
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 nOlHlWlled automobile policy Including standard contractual liabilitY endorsement. and
b) standard owner's fonm automobile policy providing third party liability and acck:tent benefits
Insurance and covering licensed vehicles owned or operated by the Contractor.
"- 24
OPS 0eneraI Condllorw of Contract. Sepl8mbor 1899
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GC 6.03.04
Aircraft and Watercraft Liability insurance
.01 Aircraft and watercraft liability insurance with respect to owned or non-owned aincraft and watercraft if
used directly or indirectly in the performance of the Work, including use of additional premises, shall
be subject to Iim~ of not less than 5 million dollars inclusive per occurrence for bodily injury, death,
and damage to property including loss of use theneof, and Iim~ of not less than 5 million dollars for
aircraft passenger hazard. 'Such insurance shall be in a form acceptable to the Owner. The policies
shall be endorsed to provide the Owner with not less than 30 Days' written notice in advance of
cancellation, change or amendment restricting coverage.
GC 6.03.05
GC 6.03.05.01
Property and Boiler Insurance
Property Insurance
.01 ' All risks property insurance shall be in the name of theContractor.,with~Owner,and the Contract
Administrator named ,as ,additional insureds, insuring'notJessthan,the~sum,.ofthe .amount of the
Contract price and the full value, as may.be stated-in .the.,SuppJemeotaLGeneral"Conditions, of
,Material that is specified to be pnovided"by.the'Owner;tor.Jncorporation~jntothe.work, with a
deductible not exceeding 1 % of the amount insured at the site of the Work. This insurance shall be in
" a form acceptable to the Owner and shaH be maintained continuously until ,10 Days ,after the date of
Final Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.02
Boller Insurance
'.01 "Boiler inSurance insuring the interests of the Contractor, the Owner and the Contract Administrator for
not less than the replacement value of boilers and pressure vessels forming part of the Work, shall be
in a form acceptable to the Owner. This insurance shall be maintained continuously from
commencement of use 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'Priorto 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' wmten notice to the'Contnactor of the intended purpose and extent of such
use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of
the additional premium cost. if any, to maintain property and boiler insurance, which shall be at the
Owner's expense. If because of such use or occupancy the Contractor is unable to provide
coverage, the Owner upon wmten notice from the.Contractor'and prior'jo:sucb.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 uneamed premiums applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shall provide that. in the event of a loss or damage, payment shall be made to the Owner
and the Contnactor as their respective interests may appear. The Contractor shall act on behalf of
both the Owner and .the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is determined the Contractor shall
proceed to restore the Work. Loss or damage shall not affect the rights and obligations of e~er 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 Oene..' Condlllona 01 ConIract. SepWmber 1m
poge 25
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entitied 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 paymenls 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 responsibil~ 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 w~ 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 perfonnance of the Work, induding boiler insurance on temporary boilers and
pressure vessels, shall be in a fonn 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 capabil~ 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 pennisston for the Contractor to grantprior 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 eaclh 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 e~er the underwriter
or the broker.
.03 The Contractor shall, on request. promptly provide the Owner With a certified true copy of each
insurance policy exdusive of infonnation pertaining to premium or premium bases used by the insurer
to detennine the cost of the insurance. The certified true copy shall indude 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 amounls
under the policies.
.06 If the Contractor falls 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.
Plge211
OPSGe_ICond_cf~cl.Seplembot 111V9
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date
on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct
the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount requined by the tender
documents.
,02 Such bonds shall be issued bya duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of
the Contract
OPS Oeneral CondIUona 01 eontracl- 5eptember 1m
Poge27
SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants that the s~e 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.
.'J,.
.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
. Contractor has received a written onder 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 confonn~ with the Contract Documents. The Contractor shall be responsible
for construction means, methods, techniques, sequences and procedures and for coordinating the
various parts of the Work.
'~-"'"
.04 The Contractor shall have the sole nesponsibil~ for the design, enection, operation,maintenance and
. .,~val of temporary structures and other temporary facilities and the design and execution of
';~nstruction methods nequired 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 execu1e the terms of the Contract in strict compliance with the nequirements of
the Occupationa/ Health and Safety Act, R.S.O. 1990, c.O.1 (the "Acf') 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 "constnuctor" 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 perfonning the Work;
b} ~ 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 w~ them;
c), a copy of the most cunrent 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;
,d6vorkers employed to carry out the Work possess the knowledge, skills and protective devices
'nequired 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 nequested shall provide the Owner with a copy of ~ health and safety policy
and program at the pre-start meeting, and shall respond promptly to nequests from the Owner for
confirmation that ~ 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 perfonnance of the Work. The Contractor shall indemnify and save the Owner hannless from any
additional expense which the Owner may incur to have the Work performed as a nesutt of the
Contractor's failure to comply with the nequirements of the Act and the Regulations.
Page 28
OPS 0...... Condltiont 01 ColIlract. Se,IIo.,ob., 1999
I.
l-
I
I
I
I
I
I
I
,.
I
I
I
I
I
:1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.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 mailers relating to the
Contract
'.10 The Contractor'shall;'atno' additional cost to the Owner, furnish all rea50nable aid, facilities and
assistancenequined by the Contract Administrator for the:proper inspection and examination of the
Work or the taking of measurements for the purpose (lfpaymenl -
.11 The Contractor shall prepare, and, update asnequired, aconstnuction schedulelndicating the timing of
the major and critical activities of the Work. 'The schedule shall be designed to ensure conformity
with the specified Contract Tune. 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 prompUy,report it to the Contract Administrator and shall not proceed with the activity
affected until neceMngdirection from the Contract Administrator.
.13 The Contractor shall anrange 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 fonces
during construction if the stake out locations are withinthetoleranCe5 given in paragraph GC
2.01.01a).
GC 7.02
Layout
.01 Prior to commencement of construction, the Contract Administrator and the Contractor will locate on
s~e those property bars, baselines and benchmarks which are necessary to delineate the Working
Area and to lay out the Work. all as shown on the Contract Drawings.
.02 The Contractor shall be responsible for the ,preservation of all property bars' while the Work is in
progress, except those property bars which must be removed to .facilitalethe 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 layout the baseline and benchmarks, and as may be
necessary for the Inspection of the Work.
.04 The Contractor shall provide qualified personnel to layout and establish all lines and grades
necessary for construction. The Contractor shall notify the Contract Administrator of any layout work
carried out, 50 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 nequined for the proper execution of the Work. The Contractor shall supply one copy of all
alignment and grade sheets to the Contract Administrator.
OPS 0eneraI ConcIIlIona 01 Connct. SejMl ,lber 1 ll99
Page 29
.06 The Contractor shall assume full nesponsibil~ for alignment, elevations and dimensions of each and
all parts of the Work, regardless of whether the Corrtractor'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.
':.'"....
GCl.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
d!rection of the Contract Administrator, and at no extra cost to the Owner, make changes or
'cs'j,ibstitutions for such vehicles or equipment, and shall alter loadings, or in 50me other manner
,remove the cause of such damage to the satisfaction of the Contract Administrator. '
_-==0,;
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 nequined 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 negistered 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 dunation of the Work. a noad 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 fl:l~-Contractor shall not be requined 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 nequined 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 nequired 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 nequines detours at specific
locations, payment for the construction of the detours, and if nequlned, for the subsequent removal of
the detours, will be made at the Contract prices appropriate to such work.
Pege 30
OPS Genefal Cond_ 01 Contract- ll<opl..,ob..l 11199
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Wor1<ing Area,
at the Owner's expense. The road through the Working Area will include any detour constructed in
accondance with the Contract Documents or requined by the Contract Administrator. Compensation
for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to
the work and, where there are no such prices, at negotiated prices. Notwithstanding the foregoing,
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
included in the prices bid for the various tender items and no additional payment will be made.
.06' 'Where work under the 'Contract is discontinued for any extended period including seasonal shutdown,
.the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and
detours in a passable, safe and satisfactory condition for public travel.
.07 Where the Contractor constructs a detour which is not specifically provided for in the Contract
Documents; or requined by the Contract Administrator, the construction of the detour and, if requined,
the subsequent' removal" shall be perfonmed' at the. Contractor's expense.. , ,The detour shall be
constructed and maintained tostructunil"and'geometricstal1dardS"':aPPrp\{ed by ,the Contract
Administrator. Removal and sitenestoration$halLbe.perfonmed.:as.dU:eCted by the Contract
Administnator.
.08 ,Where, with the prior written approval of the Contract Administrator, the Highway is closed and the
. traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to
the Owner; supply, 'erect and maintain'traffic control devices in accordance with the MUTCD.
.09 Compliance with the foregoing provisions shall in no way relieile the Contractor of obligations under
, , subseCtion GC6.01;' Protection of Work, Persons and"Properly, dealing, with the Contractor's
responsibility for damage claims, except for claims arising on sections of Highway within the Wor1<ing
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 'requined. 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 Pennits
.01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay
for any penm~, licenses,. and certificates which at the date of tender closing, are requined for the
performance of the Work.
.02 The Contractor shall arrange for all necessary inspections requined by the approvals and permits
specified In paragraph GC 7.08.01.
OPS General ConclltIona fA Contract -lleplomber 1 IllIG
P_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 ~ese cincumstances, will be administened 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 cred~rs because
"of insolvency or if a receiver is appointed because of insolvency, the Contractor may, without
prejudice to any other right or remedy the Contractor may have, by giving the Owner or receiver or
trustee in bankruptcy written notice, tenminate the Contract
.OZ' 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
, '.~Contractor or of anyone directly employed or engaged by the Contractor",the Contractor may,
,~o.ut prejUdice to any other right or remedy the Contractor may have, by giving the Owner written
~ce, tenminate the Contract
.03 The Contractor may notify the Owner In writing, with a copy to the Contrael 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 nequirements 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 tenminate the Contract
.05 If the Contractor tenminates the Contract under the conditions set out in this subsection, the
Contractor shall be entitled to be paid for all work perfonmed according to the Contract Documents
and for any losses or damage as the Contractor. may sustain as a result of the tenmination of the
Contract
~. ,
'-Y.
GC 7 ~11
Notices by the Contractor
---.
.01 Before work is canried out which may affect the property or operations of any Ministry or agency of
gOvernment or any person, company, partnenship or corporation, including a municipal corporation or
any board or commission thereof, and in addition to such notices of the commencement of specified
operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least
48 houns advance written notice of the date of commencement of such work to the person, company,
partnenship, corporation, board, or commission so affected.
.02 In the case of damage to, or interference w~ any util~ies, pole lines, pipe lines, condu~, 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 Ge-.I CondlllonI of eo_.lleplember 1m
I
I
I
I
I
I,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 Util~ or other man-made object. the Contractor shall not be nequired to
assume the risks "and responsibilities arising out of such obstruction, unless the location of the '.
obstruction is shown on the plans or described in the specifications and the location so shown is
~in 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 s~ investigation made by the Contractor in accordance ~ these General Conditions.
.03 During the course of the Contract. it isthe'.Contractor's'responsibility.to't:Onsult'Wilh Util~ companies
. or other appropriate authorities forfurther;information in ,regand .to,the exactloCiltion ,of these Utilities,
to exercise the necessary care in construction"operations~'and1otake1lUch,'1lIIierprecautions as are
necessary to safeguand the Util~ from damage.
GC 7.13
Limitations of Operations
.01 Except for such work as may be nequired by the Contract Administrator to maintain the Work ina safe
and satisfactory condition, the Contractor shall not carry on operations under the Contract on
Sundays without permission in writing from the Contnact Administrator.
.02 The Contractor shall cooperate with other Contractors, Util~ 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 notnequired 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 su~ble for occupancy by the
Owner unless otherwise specified.
.02 The Work shall not be deemed to have reached CompletiontlntiltheContractor 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 Gene..1 ConcIIlIona of ConIrad. Septeo,iber 11199
Page 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.
.. ,(
.'
~;.~
.:,"'
.4 .~~
,:!.i~,..
........~~,
.',~
~
P_34
OPS Genelll Condition. 01 ConlIId. ~ 1m
.1
.,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
GC 8.01.01
Measurement
Quantities
.01 The Contract Administrator will make an estimate once a month, in writing, of the quant~ of Work
performed. The first estimate will be the quantity of Work perfonned since the Contractor
commenced the Contract.' and every subsequent estimate; except the final one, will be of the quantity
of Work performed since the preceding estimate was made. The Contract Administrator will provide
the copy of each estimate to the Contractor within 1 0 Days of the Cut-Off Date.
'.02 ' Such quantities for prognesspayments shall be construed and held to approximate. ,The final
" quantities for the issuance of the Completion Certificate shall be based on the measurement of Work
, completed.
.03 Measurement of the quantities of the Work- perfonnedwill be.,either.by'-"ActuaIMeasurement or by
Plan 'Quantity principles as' indicated 'inU1e'Contract:'~Adjustments',totPlan'eu~ measurements
will norrnallybe made using Plan Quantity'principles but may,' where' appropriate, be made, using
Actual Measurements. Those ~ms identified on 1he Tender' by the notation (PI in'the unit column
"shall be paidacoordingto the'Ptan Quarrtity. Items where the notation (PI does not occur shall be .
paid acoondingto Actual Measurement
GC 8.01.02
Variations In Tender Quantities
.01 Where it, appears that the quarrtity of Work to be done 'and/or Material' to be supplied by the
Contractor under a un~ price tender item will exceed or be less than the tender quant~, the
Contractor shall proceed to do the Work and/or supply the Material requined 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 quarrtity of Work performed and/or Material supplied by the
Contractor exceeds the tender quantity by more than 15%, either party to the Contract may make
a written nequest to the other party to negottate a revised unit price for that portion of the Work
perfonned and/or'Material supplied which exceeds 115% of the tender quarrtity; The negotiation
shall be carried out as soon as reasonably possible. Any revision of the un~ price shall be based
on the reasonable cost of doing the Work and/or supplying the Material under the tender ~em plus
a reasonable allowance for profit and applicable overhead.
b) In the case of a Major Item where the'quantity.ofWork performed and/or' Material 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 .costs.applicable to the amount of the
undenrun in excess of 15% of the tender quantity. For purposes of the-negotiation, the overheads
and fixed costs applicable to the ~m are deemed to have been prorated uniformly over 100% of
the tender quant~ for the item. Overhead costs shall be confinned by a statement certified by the
Contractor's senior financtal officer or audoor and may be audited by the Owner. Altematively,
where both parties agree, an allowance equal to 10% of the' unit price on the amount of the
undenrun in excess of 15% of the tender quantity will be paid.
Written nequests for compensation must be received no later than 60 Days after the issuance of the
Completion Certificate.
GC 8.02
GC 8.02.01
Payment
Price for Work
.01 Prices for the Work shall be full compensation for all labour, Equipment and Material required In ~
performance. The tenn "all labour, Equipment and Material" shall include Hand Tools, supplies and
other incidentals.
OPS General Condlllone 01 Contract. SepIembet Ill9l1
Page 35
.02 Payment for work not specifically detailed as part of anyone 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. Sounces Other Than Commercial
(1) Granular 'A', 'B' and 'M' shall be assessed at the rate of 60% of the Contract price.
(2) Coarse and fine aggnegates 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 stoclkpiled.
1t:ii. Commercial Sounces
,';; Payment for separated coarse and fine aggnegates will be considered at \tie above rate when
,".;;t. such materials are stockpiled at a commercial source where further processing is to be canried
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
ownenship 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
~II only be detenmined when the material meets the requirements of the appropriate specification.
GC 8.02.03
Certification and Payment
,.
GC 8.(j2~03.01
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
f) the amount due the Contractor.
P_36
OPS General Condlllonl of ConlnIcI. Seplo..lbet 11199
I.
,
I'
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.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,thecompletion 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 covened by the ,
subcontract have been canried out and the results are satisfactory.
.03 The 'Contract Administrator will set out in the Certificate of Subcontract. Completion the date on which
the subcontract was completed and within7 Days'of;thedate:the:subcontractJs certified ,complete,
the Contract Administrator will give a copy 'ofthe certificate' to'.the:ContractoMlDd;to the Subcontractor
concemed. '
,GC 8.02.03.03
Subcontract Statutory Holdback Release Certificate and Payment
.01 Following receipt of the Certificate of Subcontract Completion, the Owner will release ,and pay the
Contractor the statutory holdback retained in respect of the subcontract.. Such releaseshaltbe made.
46 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 nelease 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;
cIa satisfactory clearance certificate or letter from the Workplace Safety and Insurance Beand
relating to the subcontract; and ' ,
d) a copy of the ton tract 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 Contractor's Surety, of any of their responsibilities.
GC 8.02.03.04
Certification of Substantial Perfonnance
.01 Upon application by 'the Contractor and where the Contract has been substantially perfonmed 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 w~in 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
requined by SectIon 32(1) Paragraph 5 of the Constroction 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 Commerctal News.
OPS 0....... CondItIons of Conlract - Seploo.lber 1m
Page 37
.04 Where the Contractor fajls to publish a copy of the Certificate of Substantial Performance as required
above w~in 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.
GC8.02.03.05
Substantial Performance Payment and Substantial Perfonnance 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
~yment certificate. .
.~.._._<.
:?~ ~.
.02,~'e Substantial Perfonmance Payment Certificate will show,
'iif'thevalue of Work perfonmed to the date of Substantial Perfonmance;
b) the value of outstanding or incomplete Work;
'c) the amount of the statutory holdback, aUowing for any previous releases of statutory holdback to
the Contractor in nespect of completed subcontracts and deliveries of pne-selected equipment;
d) the amount of maintenance security nequired; 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 nespect of Work performed up to
the date of Substantial Perfonmance. Payment of such statutory holdback shall be due 46 Days after
the date of publication of the Certificate of Substantial Perfonmance but subject to the provisions of
the Construction Lien Act and the submission by the Contnactor of the following documents:
a) a release by the Contnactor in a fonm 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
4;1by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been
'u disCharged except for statutory holdbacks property retained; .
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
'd);pnoof of publication of the Certificate of Substantial Performance.
.,y,
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 w~in 7 Days of signing the said certificate the Contract Administrator will provide a
copy to the Contractor.
poge 38
OPS General CondIlJona at ConlnIcl- September 1999
l
I
I'
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.
GC 8.02.03.07
.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 ,.wiU : be. ,a ' payment "certificate
. releasing to the Contractor'the' further statutory 'holdback:' 'paymentotsucl1.:statutory holdbackshaU
be due 46 Days after the date of CompletiOriioftheWork:asestabflShed;by.:the,CompIetionCertificate
but subject to the provisions of the Construction Lien Actand.the',submission'by the Contractor of the
foUowing documents:
a) a release by the Contractor in a fonm satisfactory to the Contract Administrator releasing the
OWner finonn aU further claims relating to the Contract, qualified by stated exceptions where
appropriate; ,
b) a statutory dectanation in a fonn satisfactory to the Contract Administrator that all liabilities Incurred
'by the Contractor and the Contractor's Subcontractors in canying 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 nequirements of the Contract including all
documentation nequirements, 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 shaU be entitled to
receive interest on the outstanding payment at the Rate of Interest..jfpayment.'is not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days afterthe 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 nequirements of the Contract, including aU documentation
nequirements, prior to expiration of the time periods described In paragraph GC 8.02.03.09.01,
interest wiU only begin to accrue when the Contractor has completed those nequirements.
OPS Gene.., Condlllona 01 Conhct. September,-
P_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 submmed in accordance with the time lim~ 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, intenest shall be negotiable.
.03 Where the Contractor fails to give notice of a claim within the time limit prescribed by subsection GC
. 3.14, Claims, Negotiations, Mediation, intenest shall not be paid.
.04 r'WJ;lere a Contractor fails to comply with the 3lHtay time limit and the procedures prescribed in
. ~ragr:aph GC 3.14.03.03 for submission of claims, intenest 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 Uen Act, the Owner may retain ftrom 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 neduction 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 undler 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 cincumstances 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 ftrom the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
GC8.oZ.04.01
-''i:+i.' :~,
Payment on a Time and Material Basis
Definitions
--
.01 Forthe 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 hourty 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 punchased, 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.
P_40
OPS General CondItJona 0/ Contract. September 1ll9ll
.1
I
'1'
I
I
I.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment
insurance, public liabil~ and property damage insurance, sickness and accident insurance, pension fund
and such other welfare and benefit payments fonming 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 Matertal Basis from a penson, firm or corporation that is not an associate of the lessee as defined by
the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator.
Road Work: means the preparation, construction, finishing and construction maintenance of roads,
'streets; highways and' parking lots and indudes all work incidental thereto other than ,work on structures.
Sewer and Watennain Work: means the preparation, construction, finishing, and construction
, maintenance of sewer systems and watenmain systems, and indudes all work incidental thereto other than
work on structures.
Standby Time: 'means any' period of time Which is'not-considened Working Xune.:;md which together ~h
the Working Time does not exceed'10hours;in,any;one'Working:Oay.:snd:duririgwhich time a unit of
,equipment cannot practically be used on other:.work'but.mu5t:remain:on.the:site:inOrder to.continue with
'its'assigned task and during which time the unit is in fully operable condition.
Structure Work: means the construction, reconstruction, repair, alteration, remodelling, nenovation or
, demolition of any bridge, building, tunnel or retaining wall and indudes thepneparation for and the laying of
the foundation of any' bridge, building, tunnel or' retaining wall and the installation of equipment and
appurtenances incidentaltheneto.
The 127 Rate: means the rate for a un~ of equipment as listed in'OPSS 127, Schedule of Rental Rates
for Construction Eq uipment Induding Model and Specification Reference, which is current at the time the
work is carried out or for equipment which is not 50 listed, the rate which has been calculated by the
Owner, using the same principles as used in detenmining The 127 Rates.
Work on a 'Time .and Material Basis: means Changes in the Work, Extra Work and Additional Work
approved by the Contract Administrator for payment 'on a Tune and Matertal'basis. The Work on a Time
and Matertal 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 necess~
engaged on a specific operation and the first 2 houns of each, immediately following period during which
the unit is not so engaged but during which the operation-isothe!Wise:proceedingand 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
Dally Work Records
.01 Daily Work Records prepared as the case may be by e~er the Contractor's nepresentative or the
, Contract Administrator and' reporting the labour and Equipment employed and the Material used on
each Time and Matertal 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 Matertal Basis. The payment adjustments on a Time and
Material basis shall apply to each individual Change Order authorized by the Contract Administrator.
OPS Gene.., Conditions of ConlnIc:t. ~ ,ggg
poge 4'
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 nespect 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
;~stof the Material up to $3000, then at 115% of any portion of the Cost of Material in excess of
. "~$8000. -
.~. >
GC 11;02:04.06 Payment for Equipment
.f
"'>: ~
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 gneater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion
in excess of $10,000; and
c) Cost gneater 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
Tme and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a
maximum of 110% of The 127 Rate. This constraint will be waived when the Contract Administrator
approves the invoice price prior to the use of the Rented Equipment
.03 The Owner will pay the Contractor for the Working Time of Operated Rented Equipment used on the
Work on a Tme 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 8.02J()'1;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 rea50nable 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 add~ion, 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 nequlre 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 nequiring the
equipment can be resumed. The Owner will pay such costs as result from such return.
Page 42
OPS 08""",1 Condltlono 01 ConlnICI.lleptember 1899
l
.
t
'I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
..
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
I
I
.04 When Equipment is transported, 50Iely 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 un~. 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.otherprovision 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 anranges for Work on a Time and Material Basis,or.a part of it, to be perfonrned
by Subcontractors., on .a ,Time and ,Material ,basis."and,;has....received~apprp,val,prior to the
commencement, of: such'. work: ..in accondance witfl'."tbe.cnequirements,;ot,iSUbsectiOn., GC.. 3.10,
Subcontracting by the Contractor: the Owner will pay the 'COSt,ofWOri<,one;Time(anWaterial Basis
by1he Subcontractor calculated -as if the Contractor had.done.UteWorl<,on,.a;,Tme,andiMaterial Basis.
plus 'a markup calculated on the following basis:
a) 20% of the first $3.000; plus
b) 15% of the amountfnom $3,000 to $10,000; plus
c) 5% of the amount in excess of $1 0,000.
.02-No further markup will be applied regandless.of.the extent to which.the work is assigned or sublet to
'others. If work is;assigned or sublet ',to an associate. as defined by the Securities Act no markup
whatsoever will be applied. '
GC 8.02.04.09
Submission of Invoices
.01 At the start of the Work 'on a Time and Material Basis. the Contractor .shall ,provide.,the applicable,
labour and Equipment rates not already submitted to, the Contract Administrator during the course of
such work.
.02 ,Separate,summaries shall be'completed by the Contractor aCCOnding to thestaodand fonm,"Summary
for Payment of Accounts on a Time,and Material Basis". Each summary shall include,the order
number and covering dates of the work and shall itemize separately labour, Materials and Equipment.
Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on the Work
on a Time and Material Basis shall be included with eachsummary.~ -, ,'..,........
:03 Each month the Contract Administrator will include with themonthly,p(Clgress,payme~,~cate, the
costs of the Work on a Time and Material Basis incurred during the preceding month all in
accondance with the contract administrative procedures and the Contractor's invoice of the Work on a
Time and Material Basis.
.04 The final .SummarY for Payment of Accounts on a Time and Material Basis" shall be submitted by the
Contractor within 60 -Days after the completion of the Work on a Time and Material Basis.
GC 8.02.05
Final Acceptance Certificate
.01 Mer the acceptance of the Work .the Contract Administrator will issue the Final Acceptance
Certificate. or. where applicable. after the Wanranty 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 0...... CondItJono 01 Contract. 8epWnber 1m
P~. ~3
GC 8.02.06
Payment of Workers
.01 The Contractor shall, in addition to any fringe bene~, 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 accondance 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 nequired 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 Reconds relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. Such Reconds 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 F'mal Acceptance Certificate is issued or until all claims
have been seWed, whichever is longer. The Contractor shall nequire 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 Reconds are nequired, such neconds shall
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Daily Work Reconds shall be reconciled with and signed by the Contractor's representative each
day.
.03 The Owner may inspect and aud~ 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 ~ Records nequined whenever nequeSted 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 bene~. This statement shall be submitted not later than 30 Days after Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commod~ies, 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
canried out by the Contractor or a Subcontractor, are subject to a claim or benem 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.
Page <<
OPS General Conditions 0/ Contract _ September 11199
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GC 8.02.09
Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work
in a=rdance with the Contract, the Contractor shall pay such amounts as are specified in the
Contract Documents.
OPS Genel1l' Condlllone of ContI1ICl- Seplember 11199
Page 45
.-
..