HomeMy WebLinkAbout2004-199
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2004- 199
Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Ron Robinson Ltd"
Bowmanville, Ontario, to enter into agreement for the Bowmanville
Downtown Streetscape Revitalization.
THE COPORATION 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 Ron Robinson Ltd., Bowmanville, 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 13th
day of September
,2004.
,2004.
By-law read a third time and finally passed this 13th
day of September
s;&41~
Mayor
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CORPORATION OF
TIlE MUNICIPALITY OF CLARINGTON
BOWMANVILLE DOWNTOWN
STREETSCAPE REVITALIZATION
CONTRACT NO. CL2004-12
JUNE 2004
~~
architects
planners
TSH No. 12-29214
CONTRACT NO. C~u
CORPORATJONOJi'....~.un!_9~
8OWMANVILLE~'- ~lWW'fAWZATlON
ADDEl'ID~ NO.1
,IoU
'C/>nll'llCtors are hereby'llOOtied of ~ follow.iQg ~.IO~t No. C~12.
1. ltemized Bid, SpeciaJ:....ovisi!ms _pr..... '
a) All refmncesto "Rigid PVCDuct" are lObe deleted.tDdteplaced~th "IligidPVC
Conduit" in accontance With CM OZ.%' No. 211.2.
,b) All references 10"90 mm" brick pavers are to be deleted.~ replaced with "80mm" .
brick pavers.
2. Special Provtsious
LlGIfI'lNG
a) Flexible Duds. l)keet 'BuIiecl-IteDl.No. 2 '
The 2511U11 f'lLl;'I.. Duct is to be runintolhe Wirililalll*lUre ofeaeh pOlelllld is.to
include a f1$lJlUle to the haDd hole., tbe~le.
Il) D\lcol'atiTeColac<<te Poles, Dlnctlku.ied in .Eartb, -lPm No.9
The~tive COJICrete Poles to be iDst#lled are as ,pet' tbeattached shop drawings
206A2518-4 and206A2518-11. j i
The unit price bid ,shall also include for the instaUationof all pOle accessorieS inclu4ing
banner arms, flower pot hanger anns and nine (9) ~ !1ICller arms.
All pole bases are to be~fiIJeOwitbeornpacted ~ screenings as per the pOle
tnallllfacturer'sspeciflCauons. ' .
All tenders ~st be subMi~on tbe basis of dillIe modificatioJls.
TIais AtldendUlll,~ relD8in attached .....tormpari of aU~ subJdted.
1'SlI, .Engineers Architects Planners
513 Division Street '
COBOURG, Ontario K9A SG6
July 20, 2004
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alil8n
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HOWMANVILLE
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AGREEMENT
THIS AGREEMENT made in triplicate
BETWEEN: RON ROBINSON LIMITED
of the Regional Municipality of Durham and Province of Ontario
hereinafter called the "Contractor"
THE PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
hereinafter called the "Purchaser"
THE PARTY OF THE SECOND PART
WITNESSETH, that the party of the first part, for and in consideration of the payment or
payments specified in the tender for this work hereby agrees to furnish all necessary machinery, tools,
equipment, supplies, labour, and other means of construction and, to the satisfaction of the Engineer, to do all
the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete
such works in strict accordance with the plans, specifications and tender therefore, all of which are to be read
herewith and form part of this present agreement as fully and completely to all intents and purposes as though
all the stipulations thereof have been embodied herein,
Page 1 of 3
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DESCRIPI10N OF THE WORK AND LIST OF DOCUMENTS
Bowmanville Downtown Streetscape Revitalization, Contract No. CL2004-12.
ADDENDUM NO, 1 dated July 20, 2004
A. TENDER FORM: General Pages 1 and 2
Itemized Bid Pages 3 to 6
Bonds
Schedule of Tender Data Page 8
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages 1 to 5
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 12
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 17
F. STANDARDS
G. PLANS: Drawings No. Landscape 1 - 5, Electrical El - E6
H STANDARD SPECIFICATIONS:
It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario
Provincial Standard Specifications.
OPSS No. Date OPSS No. Date OPSS No. Date OPSS No. Date
127 Current 310 Nov. 2002 510 Apr. 2003 609 April 2003
128 Current 314 Dee, 1993 601 Mar. 1993 610 Sept. 1984
201 Nov. 2003 351 Sept. 1996 602 Mar. 1993 614 Sept. 1984
206 Nov. 2000 353 Sept. 1996 603 Mar. 1993 615 Sept. 1993
355 Sept. 1996 604 June 2002 617 Sept. 1984
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 October 1, 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
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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
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SIGNED and sealed by the Purchaser
in the presence of
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fA () (, { I, ,~y ,Q,,~;~l\f'j:-~'
Jo utton, Mayor -,::~.--
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---./
Date
Pf29214/Sp<<sJCL2004-12/ AGR-SignDocs.doc
Page 3 of 3
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
TENDERS RECEIVED BY:
P/29214/SpecsI20360- TF-SignDocs.doc
TENDER FOR CONTRACT NO, CL2004-12
BOWMANVILLE DOWNTOWN,
STREETSCAPE REVITALIZATION
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
TOTIEN SIMS HUBICKI ASSOCIATES
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A 506
Telephone: 905-372-2121 Fax: 905-372-3621
RON ROBINSON LIMITED
Name
3075 Maolegrove Road
BOWMANVILLE. Ontario LIC 3K4
Address (include Postal Code)
Tel: 905-697-0400 Fax: 905-697-0581
Telephone and Fax Numbers
Ronald D. Robinson
Name of Person Signing
V. President
Position of Person Signing
Mrs. Pattie Barrie, Clerk
Corporation of the Municipality of Clarington
Municipal Administration Centre
40 Temperance Street
BOWMANVILLE, Ontario, LIC 3A6
Page 1 of 8 pages
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TENDER CONTRACT NO. CL2004-12
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2004-12
Bowmanville Downtown, Streetscape Revitalization
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 8 pages
I ITEMIZED BID CONTRACT NO. CL2004-I2
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2004-12 for the following unit prices.
I Spec, No. The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
SP Refers to Special Provisions
(P) Plan Quantity Payment Item
I
I STREETSCAPE IMPROVEMENTS
1 201 Tree Removal
I SP a) Provisional ea 6 218.00 Deleted
Sta. 1 + 000 to Sta. 1 + 103
b) Sta. 1 + 103 to Sta. 1 +387 ea 12 218,00 2,616.00
I c) Provisional ea 2 218.00 Deleted
Sta. 1 + 387 to Sta. 1+ 504
I 2 510 Removal of Sidewalk
SP a) Provisional m2 140 16.09 Deleted
At Trees and Entrances
I Sta. 1 + 000 to Sta. 1 + 103
b) Sta. 1+100 to Sta. 1+387 m2 2,050 36.45 74,722.50
c) Provisional m2 120 16.09 Deleted
I At Trees and Entrances
Sta. 1 +387 to Sta. 1 +504
I 3 510 Removal of Curb and Gutter m 130 13.59 1,766.70
SP
4 510 Removal of Brick Pavers m2 22 13.59 298.98
I SP
5 510 a) Removal of Asphalt in m2 1,450 6.09 8,830.50
SP Roadway, Boulevards and
I Entrances
b) Removal of Asphalt in m2 240 26,09 6,261.60
Roadwa ,Partial De th
I 6 510 Removal of Brick Wall to LS 6,795.00 6,795.00
SP Foundation Level
7 510 Removal of Parking Meter Posts ea 16 25,00 400.00
I SP
8 510 Removal and Salvage of Catchbasin LS 125.00 125,00
SP Frame and Grate
I 9 351 Concrete in Sidewalk m2 1,100 49.23 54,153,00
SP
10 355 Interlocking Brick Pavers
I SP a) Provisional m2 205 108.78 Deleted
In Sidewalk at Tree Locations Sta.
I 1 +000 to Sta, 1 + 103 and Sta.
1+ 387 to Sta. 1 + 504
I Page 3 of 8 pages
I ITEMIZED BID CONTRACT NO. CL2004-I2
I In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No, CL2004-12 for the following unit prices.
I spec. No. The numbers in this colwnn refer to the applicable issue of the Ontario Provincial Standard Specifications
SP Refers to Special Provisions
(P) Plan Quantity Payment Item
I
I b) In Sidewalk and Boulevards at m2 2,100 91.56 192,276.00
Sta, 1 +000 to 1+504
11 355 Interlocking Brick Pavers m2 60 115.32 Deleted
I SP Provisinna I
In Entrances at Sta. 1 +000 to
1 + 103 and Sta. I +387 to Sta.
I 1 +504
12 Interlocking Brick Pavers in m2 1,200 111.02 Deleted
Roadwa
I 13 353 Concrete Curb and Gutter (All m 123 76.30 9,384.90
SP s)
14 SP Install Maintenance Hole Frame LS 587.50 587.50
I and Cover on Existin Catchbasin
15 410 300 mm Dia. Storm Sewer, Class m 7 468.75 3,281.25
SP 3, Including Excavation, Class 'B'
I Beddin and Granular Backfill
16 407 Catchbasin LS 2,087.50 2,087.50
I SP
17 314 Granular 'A' for Temporary t 800 15.00 12,000.00
SP Sidewalk
I 18 SP Park Benches ea 2 1,453.25 2,906.50
19 310 Hot Mix H.L.-3 t 30 196.20 5,886.
I SP
20 310 Hot Mix H.L.-4 t 30 196.20 5,886.00
SP
I 21 SP Supply and Install Parking Meter ea 36 212.50 7,650.00
Posts
22 SP Geotextile m2 30 8.75 262.50
I 23 501 Water for Compaction and Dust m3 200 8.75 1,750,()()
Su ression
24 570 Provisional ea 20 882.82 Deleted
I SP Supply and Installation of
Boulevard Trees
I Sunburst Honeylocust
Gleditsia triacanthos 'Sunburst'
25 570 Supply and Installation of
I SP Boulevard Trees
a) Hedge Maple ea 2 839.22 1,678.44
I Acer Campestre
Page 4 of 8 pages
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ITEMIZED BID
CONTRACT NO. CLZ004-12
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2004-12 for the following unit prices.
Spec. No.
SP
(P)
The numbers in this column refer to the applicable issue of the Ontario Provincial Standard Specifications
Refers to Special Provisions
Plan Quantity Payment Item
8
601, 614 Supply Control Cabinet Assembly ea
SP (P)
601, 615 Decorative Concrete Poles, Direct ea
SP Buried in Earth - Installation only (P)
601,617 Decorative Roadway Lighting ea
SP Luminaires and Bracket Assemblies (P)
- Installation onl
5,625.00
2
1,875.00
3,750.00
30
337.50
10,125.00
9
30
187.50
10
Lighting (carried to Summary)
136,940,77
SUMMARY -
Streetscape Improvements
Lighting
435,015.23
136,940.77
Total (excludin GST)
571,956.00
GST (7% of Total)
40,036.92
Tenderer's GST Registration No. RI04620729
PI29214/SpecsICI.2004-12/CU()()4...121~mBid-SjgnDocs.xls
Page 6 of 8 pages
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AGREEMENT TO BOND (to be comnleted bv Bondin.. Comnanv)
CONTRACT NO. CL2004-12
Bond No.: TS 308263/60
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
RON ROBINSON LIMITED
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.CL2004-12 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 A ward, otherwise the Agreement shall be null and void.
DATED AT Toronto
this
21st
day of
Julv
2004
The Guarantee Companv of North America
Name of Bonding Company
Lisa Gierl
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
Attornev-in-Fact
Position
(This Form shall be completed and attached to the Tender Submitted).
Page 7 of 8 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO. CL2004-12
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General Pages 1 and 2
Itemized Bid Pages 3 to 6
Agreement to Bond Page 7
Schedule of Tender Data Page 8
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages I to 5
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 12
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 17
F. STANDARDS
G. PLANS: Drawings No. Landscape I - 5, Electrical El - E6
H STANDARD SPECIFICATIONS:
It shall be the Contractor's responsibility to obtain the applicable edition of the following Ontario
Provincial Standard Specifications.
OPSS No. Date OPSS No, Date OPSS No, Date OPSS No. Date
127 Current 310 Nov. 2002 510 Apr. 2003 609 April 2003
128 Current 314 Dec. 1993 601 Mar. 1993 610 Sept. 1984
201 Nov. 2003 351 Sept. 1996 602 Mar. 1993 614 Sept. 1984
206 Nov. 2000 353 Sept. 1996 603 Mar. 1993 615 Sept. 1993
355 Sept. 1996 604 June 2002 617 Sept. 1984
I. GENERAL CONDITIONS: OPS General Conditions of Contract (September 1999)
The Contractor, by this Tender, offers to complete the work of this Contract in strict accordance with the terms
contained herein.
The bidder certifies that it has met all of its obligations to comply with the Provincial Retail Sales Tax
requirements, so that it is able to do business in Ontario.
Yes
x
No
By my/our signature hereunder, I/we hereby identify this as the Schedule of Tender Data, Plans and
Specifications, for Contract No. CL2004-12, executed by me/us bearing date the 21st day of Julv
2004 and we have fully read all related documents to tender data as listed above,
SIGNATURE:
POSITION
V, President
NAME OF FIRM
RON ROBINSON LIMITED
(COMPANY SEAL)
Privacv Lel!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 8 of 8 Pages to be submitted as the Tender Submission for Contract No, CL2004-12.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-12
STANDARD TERMS AND CONDITIONS
PI29214/Spel:s/CL2004-12/CL-Sland. TermsdtCond.doc
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STANDARD TERMS AND CONDITIONS
The Municipality of Clarington's "Standard Terms and Conditions" shall apply to this Contract
except where noted below,
. Clause 8 of the "Standard Terms and conditions" shall be superceded by Clause 8,
"Payments" of the "Special Provisions - General" Section of the Contract,
. Clause 15 ofthe "Standard Terms and conditions" shall be superceded by Clause 2,
"Guaranteed Maintenance" of the "Special Provisions - General" Section of the
Contract.
. Clause 16 of the "Standard Terms and Conditions" is not applicable to this Contract.
. Clause 23 of the "Standard Terms and Conditions" shall be superceded by Clause
6.03.02 of the OPS General Conditions of Contract (Septernber 1999) which requires a
$5,000,000.00 liability coverage.
. Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 19,
"Workplace Hazardous Materials Information System (WHMIS)", the Municipality of
Clarington's "Contractor Safety" Documents (5 pages) and Clause 22 - "Governmental
Requirements" all from the "Special Provisions - General" Section of the Contract.
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STANDARD TERMS AND CONDITIONS
1,
DEFINITIONS
Municipality - The Corporation of the Municipality of Clarington, its successors and assigns,
Bidder - The person, firm or corporation submitting a bid to the Municipality,
Company - The person, contractor, firm or corporation to whom the Municipality has awarded the
contract, it successors and assigns,
Contract - The purchase order authorizing the company to perform the work, purchase order
alterations, the document and addenda, the bid, and surety,
Subcontractor - A person, firm or corporation having a contract with the company for, or any part of,
the work,
Document - The document(s) issued by the Municipality in response to which bids are invited to
perform the work in accordance with the specifications contained in the document.
Bid - An offer by a Bidder in response to the document issued by the Municipality.
Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be
done, fumished 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 appiy for the calling, receiving, and opening of bids, The Municipality will be responsible for
evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law.
The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless
otherwise provided herein, The envelope must not be covered by any outside wrappings, Le, 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 initiailed by the Bidder's authorized signing officer
The bid must not be restricted by a covering letter, a statement added, or by alterations to the
document unless otherwise provided herein,
Failure to return the document or invitation may result in the removal of the Bidder from the
Municipality's bidder's list.
A bid received after the closing date and time will not be considered and will be 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 shall be final.
3,
CONTRACT
The contract consists ofthe documents aforementioned,
The contract and portions thereof take precedence in the order in which they are named above,
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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 condttions contained in the Bidder's standard or general conditions of sale shall be of
any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase
order,
4,
CLARIFICATION OF THE DOCUMENT
Any clarification of the document required by the Bidder prior to submission of its bid shall be
requested through the Municipality's contact identified in the document. Any such clarification so
given shall not in any way alter the document and in no case shall oral arrangements be considered,
Every notice, advice or other communication pertaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5,
PROOF OF ABILllY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date,
6,
DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by
the Company as soon as possible and in any event within the period set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or
equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other
such receiver shall not bind the Municipality to accept the work covered thereby, or the particulars of
the delivery ticket or piece tally thereof.
Work shall be subject to further inspection and approval by the Municipality.
The Company shall be responsible for arranging the work so that completion shall be as specified in
the contract.
Time shall be of the essence of the contract,
7,
PRICING
Prices shall be in Canadian Funds, quoted separately for each ttem stipulated, F,O,B, destination,
Prices shall be firm for the duration of the contract.
Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to
the full requirements of the bid, No claims for extra work will be entertained and any additional work
must be authorized in writing prior to commencement. Should the Company require more
information or clarification on any point, it must be obtained prior to the submission of the bid.
Payment shall be full compensation for all costs related to the work, including operating and
overhead costs to provide work to the satisfaction of the Municipality,
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8.
9,
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 lis 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 Govemment of
Canada or the Province of Ontario become directly applicable to work specified in this document
subsequent to its submission by the Bidder and before the delivery of the work covered thereby
pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the
price of work shall be made to compensate for such changes as of the effective date thereof.
TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work.
Payments made hereunder, including final payment shall not relieve the company from its obligations
or liabilities under the contract,
Acceptance by the company of the final payment shall constitute a waiver of claims by the company
against the Municipality, except those previously made in writing in accordance with the contract and
still unsettled,
The Municipality shall have the right to withhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction
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.
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 const~utes 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 royaities and patent license fees required for the work,
If the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forthwith either secure for the Municipality the right to continue using the work or shall
at the company's expense, replace the infringing work w~h non-infringing work or modify it so that
the work no longer infringes,
10,
ALTERNATES
Any opinion with regard to the use of a proposed altemate determined by the Municipality shall be
final. Any bid proposing an altemate will not be considered unless otherwise specified herein,
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11,
12,
13,
14.
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 wnhout the prior
written consent of the Municipality.
FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to request of the Company to furnish reasonable evidence that financial
arrangements have been made to fulfill the Municipality's obligations under the Contract
LAWS AND REGULATIONS
The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and its performance, The company shall be responsible for ensuring
similar compliance by suppliers and subcontractors,
The contract shall be govemed by and interpreted in accordance with the laws of the Province of
Ontario.
15,
CORRECTION OF DEFECTS
If at any time prior to one year after the actual delivery date or completion of the work (or specified
warranty/guarantee period if longer than one year) any part of the work becomes defective or is
deficient or fails due to defect in design, materiai or workmanship, or otherwise fails to meet the
requirements of the contract, the company, upon request shall make good every such defect,
deficiency or failure without cost to the Municipality. The company shall pay all transportation costs
for work both ways between the company's factory or repair depot and the point of use,
16,
BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive irreguiarities 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 gO days after the official closing time,
The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award
to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to
the extent described in the notice of award,
17,
DEFAULT BY COMPANY
a, If the company: commits any act of bankruptcy; or if a receiver is appointed on account of its
insolvency or in respect of any of its property; or if the company makes a general
assignment for the benefit of its creditors; then, in any such case, the Municipality may,
without notice: terminate the contract,
b. If the company: fails to comply with any request, instruction or order of the Municipality; or
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18.
19,
20,
fails to pay its accounts; or fails to comply wijh or persistentiy disregard statutes, regulations,
by-laws or directives of relevant authorilies relating to the work; or fails to prosecute the work
with skill and diligence; or assigns or sublets the contract or any portion thereof without the
Municipality's prior written consent, or refuses to correct defective work; or is otherwise in
default in carrying out its part of any of the terms, conditions and obligations of the contract,
then, in any such case, the Municipality may, upon expiration of ten days from the date of
written notice to the company, terminate the contract.
c, Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to
any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto,
d, If the Municipality terminates the contract, ij is entijled to:
i) take possession of all work in progress, materials and construction equipment then
at the project sije (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),
CONTRACT CANCELLATION
The Municipality shall have the right, which may be exercised from time to time, to cancei 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,
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 unij 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 sampies are
requested subsequent to opening of bids, they shall be delivered within three (3) working days
following such request, unless additional time is granted, Samples must be submitted free of charge
and will be returned at the bidde~s expense, upon request, provided they have not been destroyed
by tests, or are not required for comparison purposes,
The acceptance of sampies by the Municipality shall be at its sole discretion and any such
acceptance shall in no way be construed to imply relief of the company from its obligations under the
contract,
Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable,
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21,
22.
23,
24,
SURETY
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to
satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or
money order or other form of surety, in an amount determined by the Municipality, This surety may
be held by the Municipality until 60 days after the day on which all work covered by the contract has
been completed and accepted. The surety may be 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.
WORKPLACE SAFElY 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 paymen~ 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.
INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance including
premises and all operations, This insurance coverage shall be subject to limits of not less than
$2,000,000,00 inclusive per occurrence for third party Bodily Injury and Property Damage or such
other coverage or amount as may be requested.
The policy shall include the Municipality as an additional insured in respect of all operations
performed by or on behalf of the Company, A certified copy of such policy or certificate shall be
provided to the respective participant prior to commencement of the work, Further certified copies
shall be provided upon request.
LIABILITY
The company agrees to defend, fully indemnify and save harmless the Municipality from all actions,
suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury
including death to any person and all damage to any property which may arise directly or indirectly
by reason of a requirement of the contract, save and except for damage caused by the negligence of
the Municipality or its employees,
The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all
charges, fines, penatties and costs that may be incurred or paid by the Municipality if the Municipalityror any of its employees shall be made a party to any charge under the Occupational Health and
Safety Act in relation to any violation of the Act arising out of this contract.
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25,
26,
VISITING THE SITE
The Company shall carefully examine the site and existing building and services affecting the proper
execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions.
No claim for extra payment will be allowed for work or difficulties encountered due to conditions of
the site which were visible or reasonably inferable, prior to the date of submission of Tenders,
Bidders shall accept sole responsibility for any error or neglect on their part in this respect,
SAFETY
The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations,
Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or
to the Employees of the Company. Without limiting the generality of the foregoing, the Company
shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and
Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or
arising out of the performance of the Company's obligations under this Contract,
The Company shall be aware of and conform to all goveming regulations including those established
by the Municipality relating to employee health and safety, The Company shall keep empioyees and
subcontractors informed of such regulations.
The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied
Hazardous Materials.
27,
UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating
to the work, The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances,
28,
SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend performance by the company from
time to time of any part or all of the work for such reasonable period of time as the Municipality may
determine,
The resumption and completion of work after the suspension shall be governed by the schedule
established by the Municipality,
29,
CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the
work, When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company, All such changes shall be in writing and approved by the
Municipality,
30,
CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell goods or services to the Municipality
in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a
Company or own a Company which sells goods or services to the Municipality,
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CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO, CL2004-12
INSTRUCTIONS TO TENDERERS
PI29214/Specs/C L2004-12f20361-IT.doc
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CLAUSE
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4.
5.
6.
7.
8.
9.
10.
II.
12.
13,
14,
15.
16.
17,
18,
19.
INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-12
SUBJECT
PAGE
GENERAL .........., '....,..... '... ..,.....,....."..."...."....,....,....... .,.... .",. .."..,'...,'... '...,.. ..,..1
BLANK FORM OF TENDER ....,.............,.........................,........,...............................1
TENDER DEPOSITS.....,....". .......... .....,.....,.....,...."....,...,....,...."....,....,...,.,...,......... 1
BONDS...., ...........,.............,.....,.....,....."...."..."...."...."...,...",.."...".........,...."...., 2
RIGHT TO ACCEPT OR RFJECT TENDERS .......................,..............,.........................2
UNACCEPTABLE TENDERS.. '...........,,'.... ............"....,....,....,....,....,.........,....,......... 2
ABILITY AND EXPERIENCE OF TENDERER.......................,...............,..........,........... 2
PROVINCIAL SALES TAX..., ...........",....",..."...."... ..... .......,....."...,....................,....2
GOODS AND SERVICES TAX (GST) ..............,.................................,.....,...,..............3
EXECUTE CONTRACT DOCUMENTS........ ......., ... ..................,.....,...............,....... .....3
COMMENCEMENT OF WORK.. ..........,......,.....,..........."....,...."...."....,....,...."....,..... 3
LOCATION...........,...................".....,......"....",...",....,... .......",..."..."....,....,.....,....3
TENDERERS TO INVESTIGATE.".......,...",....".....,.....,.....,.....,....,....."..."....,.....,...., 3
INQUIRIES DURING TENDERING.....,......"....,......,.....,................................".....,..... 4
DEFINITION OF OWNER/AUTHORITY AND ENGINEER/CONTRACTADMINISTRATOR..,4
ADDENDA..,.............,.............,....."......,.....".... ......."...,.....",..""...,.....................4
UTILITIES..".....",....,......"......",.....,.....,............,....."....,....",..."".."...."...........,.. 4
TENDER OPENING MEETING..............................................,...",.................,........... 5
CONSTRUCTION OPERATIONS....",....""...."....",....,......,....,....."...."...."...., ,...."....5
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-12
1.
GENERAL
SEALED Tenders plainly marked "Contract No, CL2004-l2 " will be received until:
2:00:00 P.M., Local Time, Wednesday, July 21,2004
and shall be addressed to:
Mrs. Patti Barrie, Clerk
The Municipality of Clarington
Municipal Building, 40 Temperance Street
BOWMANVILLE, Ontario. LIC 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
defmed 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
I,OOO,OOO.D1 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.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-12
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.
S. 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.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-12
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 ofreceipt of notification of Acceptance of Tender.
Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract
to one of the other Tenderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site within 7 calendar days of the official
commencement date as specified in the written order issued in accordance with GC7.0L02 of
the General Conditions.
12. LOCATION
The work is located on King Street West in Bowmanville, Municipality of Clarington.
13. TENDERERS TO INVESTIGATE
Tenderers must satisfy themselves by personal examination of the site and by such other means
as they may prefer as to the actual conditions and requirements of the work,
The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works,
determine the location of any buried or obstructing services and make satisfactory arrangements
for interference with such service with the proper jurisdictional agency.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-12
Veridian Connections
Mr. Terence Butler, C.E.T.
2849 Hwy, No.2
BOWMANVILLE, Ontario. LlC 3K5
Telephone; (888) 420-0070
Rogers Cable T.V. Limited
Ms. Cindy Ward
301 Marwood Drive
OSHA W A, Ontario
LlH IJ4
Telephone; (905) 436-4138
Bell Canada
Ms. Lynne Tindall
A.N. Provisioning
FIr. 2N, 55 Athol St. E.
OSHAWA, Ontario. LlH IJ8
Telephone: (905) 433-3034
18. TENDER OPENING MEETING
The tender opening meeting is scheduled to take place at 2; 15;00 P.M. after the closing time
and date in Meeting Room No.1, Main Floor, 40 Temperance Street, Bowmanville, Ontario
and interested bidders are invited to attend,
19. CONSTRUCTION OPERATIONS
The Contractor is advised that in order to minimize disruption and inconvenience to downtown
merchants, home owners, pedestrians and vehicular traffic, it is proposed that works be carried
out one block at a time.
Where boulevard work only is undertaken and not full sidewalk replacement, arrangements
may be made with the Contractor to carry out such works simultaneously with the sections of
the works between Silver Street and Division Street provided such works can be carried out
expeditiously and are necessary as part of the electrical component of the Contract.
The annual midnight madness festival is held in BowmanviIIe each year. This year the date is
Friday, August 20, 2004, King Street is closed to vehicular traffic for shopping pUrposes. On
that day, the Contractor shall not work beyond 12:00 noon, shall shut down all operations,
clean up the site and leave no hazards for pedestrians. No concrete pours shall be undertaken
that day.
All equipment shall be removed from the street and parked away from the main shopping area
or removed from the area completely.
-----
5.
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PI29214/Specs/CL2004-12/20362-SPG .doc
CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-12
SPECIAL PROVISIONS - GENERAL
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2004-12
PLAN QUANTITY ITEMS ..'......................................,..,......,.....,............................1
GUARANTEED MAINTENANCE.........,.."....,.................................,.",................... 1
CONTFli\CT TIME AND LIQlJIDATED Dl\1VlI\GES"".,.."""""".""......................""" 1
CONTFli\CTORS AUTHORIZED REPRESENTATIVE ,.....,.,.,.....,.....,.,.........................2
OPS GENERAL CONDITIONS............... ,."" ,., ,.......... ,......,....... ...............................2
LAyOUT......,.,........ ............................""" ,......................................................... 2
RESTRICTIONS ON OPEN BURNING ............................................."",.,..................3
PAyMENTS................. ........ ............................... ,...,.................""",.,..................3
UTILITIES..,......... ,.................. .......'",....................... ............................,.. ,.".......3
HAUL ROADS........"" '.......................'"..."..,...,...........................................'",.., 4
DUST CONTROL.....,........... ...........................................................'..................... 4
1rFlJ\F'F'IC CONTROL, J'LAGG1NG ........................................................................... 4
CONTFli\CTOR'S SUPPLY OJ' CONSTRUCTION SIGNS .............................................. 5
MAINTENANCE OF' TFli\F'l'IC .............,..".."""..................... .............. """"".,.... ... 5
EMERGENCY AND MAINTENANCE MEASURES..."............""..""""..............."",.. 6
ENGINEERING l'IELD OF'l'ICE..............."""",.................... ........"""",......... .... ,. '" 6
MANAGEMENT AND DISPOSAL OJ' EXCESS MATERIAL.......................,.,................ 6
OCCUPATIONAL HEALTH AND SAF'ETY ACT 1991 - DESIGNATED SUBSTANCES ,...... 7
WORKPLACE HAZARDOUS MATERIAL INF'ORMATION SYSTEM (WHMIS)......,.""",.. 8
SPILLS REPORTING........................,....",.....................................,.................".... 8
PROTECTION OF' WATER QUALITY ..............,....".............................................,.... 8
GARBAGE COLLECTION.........,.,................"""",..........................,."............"",.. 9
DELIVERY OF' TEST SAMPLES ..............,.,.....................,.......................,............... 9
PREPARATION AND POSTING OF' REQUIREMENTS F'OR WORK IN CONl'INED SPACES9
CONF'INED SPACE ENTRy.........,...........,...."...... .....,.. ,..""" .................'",...... .... 10
ENTRY ONTO PRIVATE PROPERTY ...........,......,..................'.........,.............,..,.... 10
STORAGE AREAS........,.. ..........'""""...,...... ,..""""".... ............." ,.."". ........"".. 10
GENEFli\L LIABILITY INSURANCE ..................,.....................,..................,......,... 10
CONSTRUCTION LIEN ACT ...................,......""",....,..",.....,...............,........,...... 11
PROPERTY OWNERS RELEASE OF' PRIV A TEL Y OWNED LAND USED BY THE
CONTRACTOR ....'",.... ..... ..'""...... ....'".,.. ........'""", ""........ .....'"",.. .....'",....." 12
SCHEDULE 'C'
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
1. PLAN QUANTITY ITEMS
Measurement for payment for the Items designated (P) in the Itemized Bid is by plan quantity, as
may be revised by adjusted plan quantity.
2. GUARANTEED MAINTENANCE
Section GC7 .15.02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator,
The decision of the Authority and the Contract Administrator shall be final as to the necessity for
repairs or for any work to be done under this Section.
3. CONTRACT TIME AND LIQUIDATED DAMAGES
(1) Time
Time shall be the essence of this Contract.
For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract
Time means the time stipulated herein for Completion of the Work as defmed in Clause
GC1.06.
(2) Progress of the Work and Contract Time
The Contractor shall accomplish completion of this Contract as defined in GC1.06 of the
General Conditions on or before October 1, 2004,
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift
basis, it is expected that additional and/or augmented daylight shifts will be required
throughout the life of the contract to the extent deemed necessary by the Contractor to insure
that the work will be completed within the contract time specified. Any additional costs
occasioned by compliance with these provisions will be considered to be included in the
prices bid for the various items of work and no additional compensation will be allowed
therefore,
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
2.
(3) Liquidated Damages
It is agreed by the parties to the contract that in case all the work called for under the contract
is not completed by the date specified, or as extended in accordance with Section GC3.07 of
the General Conditions, a loss or damage will be sustained by the Authority. Since it is and
will be impracticable and extremely difficult to ascertain and determine the actual loss or
damage which the Authority will suffer in the event of and by reason of such delay, the
parties hereto agree that the Contractor will pay to the Authority the sum of One thousand
dollars ($1,000.00) as liquidated damages for each and every calendar day's delay in
achieving completion of the work beyond the date prescribed. It is agreed that this amount is
an estimate of the actual loss or damage to the Authority which will accrue during the period
in excess of the prescribed date for completion.
The Authority may deduct any amount under this paragraph from any moneys that may be
due or payable to the Contractor on any account whatsoever. The liquidated damages payable
under this paragraph are in addition to and without prejudice to any other remedy, action or
other alternative that may be available to the Authority.
4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE
Authorized representative as referenced in GC7.01.09 is defmed as an employee of the
Contractor,
5. OPS GENERAL CONDITIONS
Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as
meaning the OPS General Conditions of Contract, September 1999.
6. LAYOUT
Section GC7.02, Layout, is hereby revised by the deletion of Parts 03), 04), 05), and 06), and by
the addition of the following:
The Contract Administrator shall lay out and establish the primary alignment and grade controls
necessary for construction. The Contractor shall provide the Contract Administrator with
sufficient advance notice of his requirements to permit appropriate scheduling of the layout work.
The layout performed by the Contract Administrator shall be sufficient to permit construction of
the work by the Contractor in compliance with the Contract Documents, but shall not relieve the
Contractor of his responsibility for the provision of qualified personnel and normal tools of the
trade, as necessary for the transfer or selling 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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-I2
3.
7. RESTRICTIONS ON OPEN BURNING
Open fires will not be permitted within the limits of this Contract. Brush and debris may as an
alternative to burning, be disposed of outside the Contract Limits and in compliance with the
requirements specified elsewhere for Management and Disposal of Excess Material.
8. PAYMENTS
Except as herein provided, payments under this Contract will be made in accordance with Section
GC8.02.03 of the General Conditions.
Notwithstanding the provisions of the General Conditions respecting certification and payment,
the Authority may withhold 2-1/2 percent of the total value of work performed beyond the
expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to
enable the Contract Administrator to produce the final detailed statement of the value of all work
done and material furnished under the Contract. As a condition of holdback reduction from 10%
to 2-112 %, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07 03)(b)
and advertise the Certificate of Substantial Performance per GC8.02.03.04(03).
The Completion Payment Certificate to include statutory holdback release, will be issued within
120 days after the date for completion as specified under GCL06, 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 fmal holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
The Contractor shall include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial Performance or
not.
The Contractor is advised that the Authority may withhold payment on Interim and Holdback
Release Certificates up to 30 calendar days from the date of receipt of the executed Payment
Certificates.
9. UTILITIES
Sections GC2,Ol and GC7 ,12 02) of the General Conditions are deleted in their entirety and are
replaced by the following:
The Contractor shall be responsible for the protection of all utilities at the job site during the time
of construction.
The Authority will be responsible for the relocation of utilities where required. However, no
claims will be considered which are based on delays or inconvenience resulting from the
relocation not being completed before the start of this Contract.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-I2
4.
The location and depth of underground utilities shown on the Contract drawings, are based on the
investigations made by the Authority. It is, however, the Contractor's responsibility to contact
the appropriate agencies for further information in regard to the exact location of all utilities, to
exercise the necessary care in construction operations and to take such other precautions as are
necessary to safeguard the utilities from damage.
10. HAUL ROADS
When so required by the Contract Administrator, payment for maintenance and restoration of haul
roads will be made for the materials provided and the work performed as specified, at tender
prices, or at negotiated prices.
11. DUST CONTROL
As a part of the work required under Section GC7.06 of the General Conditions, the Contractor
shall take such steps as may be required to prevent dust nuisance resulting from his operations
either within the right-of-way or elsewhere or by public traffic where it is the Contractor's
responsibility to maintain a roadway through the work.
Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and
grinders of the wet type shall be used together with sufficient water to prevent the incidence of
dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the
area where the work is being carried out.
The cost of all such preventative measures shall be borne by the Contractor except however
where water or calcium chloride is used to reduce the dust caused by traffic on a roadway which
it is the Contractor's responsibility to maintain for public traffic, the cost of such quantities of
water and calcium chloride as are authorized by the Contract Administrator to restrict dust to
acceptable levels, shall be paid for by the Authority at the contract prices for Application of
Water or Application of Calcium Chloride.
12. TRAFFIC CONTROL, FLAGGING
Flagging for traffic control on this Contract shall be in conformance with the procedure outlined
in OTM Book 7 (Ontario Traffic Manual).
Each flagman shall, while controlling traffic, wear the following:
(i) an approved fluorescent blaze orange or fluorescent red safety vest, and
(ii) an approved fluorescent blaze orange or fluorescent red armband on each arm, and
(iii) an approved fluorescent blaze orange or fluorescent red hat,
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
s.
13. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS
In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for
the supply, erection, maintenance and subsequent removal of all temporary traffic controls,
including signs, lights, barricades, delineators, cones, etc., required on the work,
Traffic controls shall be provided in general accordance with the latest edition of the "OTM
Book 7". As a minimum requirement and without restricting the Contract Administrator or the
Authority in requiring further controls, the following signs shall be supplied:
TC-l
TC-3L
TC-3R
TC-3tR
TC-41A
TC-4lB
CONSTRUCTION
LANE CLOSED AHEAD
LANE CLOSED AHEAD
RIGHT LANE CLOSED
CONSTRUCTION ZONE BEGINS
CONSTRUCTION ZONE ENDS
6
6
6
6
6
6
Traffic controls shall be operational before work affecting traffic begins.
14. 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
and pedestrian access to homes and businesses adjacent to the limits of work operations
throughout each working day. Closure of one intersection at a time will be permitted for limited
periods.
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.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
6.
15. EMERGENCY AND MAINTENANCE MEASURES
Whenever the construction site is unattended by the general superintendent, the name, address and
telephone number of a responsible official of the contracting firm, shall be given to the Contract
Administrator. This official shall be available at all times and have the necessary authority to
mobilize workmen and machinery and to take any action as directed by the Contract
Administrator in case emergency or maintenance measures are required regardless whether the
emergency or requirement for maintenance was caused by the Contractor's negligence, act of
God, or any cause whatsoever.
Should the Contractor be unable to carry out immediate remedial measures required, the
Authority will carry out the necessary repairs, the costs for which shall be charged to the
Contractor.
16. ENGINEERING FIELD OFFICE
A separate field office for the Contract Administrator will not be required on this Contract. The
Contractor shall, however, permit the Contract Administrator to make use of his office
accommodation and other facilities as required, and at no extra cost to the Authority.
17. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL
The requirements of OPSS 180 shall apply to this Contract, revised as follows:
,1 Section 180.03, Definitions, shall be amended by the addition of the following:
Work area: means the road allowance, right-of-way, and property with a boundary common
to the road allowance or right-of-way within the Contract limits.
,2 Subsection 180,07.02, Conditions on Management by Re-Use, shall be amended by the
addition of the following:
Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill
or bedding.
The Contractor shall be responsible for obtaining a copy of applicable Form Nos. OPSF 1800,
OPSF 1801, OPSF 1803 and OPSF 1805 for use where appropriate with respect to disposal of
excess material.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
7.
18. OCCUPATIONAL HEALTH AND SAFETY ACT 1991 - DESIGNATED SUBSTANCES
In accordance with the requirements of Section l8a(1) of the Occupational Health and Safety Act,
the Authority has determined that the designated substances as listed hereunder are present on the
site and within the limits of this Contract.
Acrylonitrile No
Arsenic No
Asbestos No
Benzene No
Coke Oven Emissions No
Ethylene Oxide No
Isocynates No
Lead No
Mercury No
Silica No
Vinyl Chloride No
It is the responsibility of the Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy of this specification, where Designated Substances are
identified as being present at the site of the work.
The Contractor shall comply with the governing Ministry of Labour Regulations respecting
protection of workers, removal, handling and disposition of the Designated Substances
encountered on this Contract.
Prior to commencement of this work, the Contractor shall provide written notification to the
Ministry of the Environment at 7 Overlea Boulevard, Toronto, Ontario M4H lA8
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,
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
8.
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.
19. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
Prior to the commencement of work the Contractor shall provide, to the Contract Administrator,
a list of those products controlled under WHMIS which he expects to use on this Contract.
Related Material Safety Data Sheets shall accompany the submission. All containers used in the
application of products controlled under WHMIS shall be labelled.
The Contractor shall notify the Contract Administrator of changes to the list in writing and
provide the relevant Material Safety Data Sheets.
20. SPILLS REPORTING
Spills or discharges of pollutants or contaminants under the control of the Contractor. and spills
or discharges of pollutants or contaminants that are a result of the Contractor's operations that
cause or are likely to cause adverse effects shall forthwith be reported to the Contract
Administrator. Such spills or discharges and their adverse effects shall be as defined in the
Environmental Protection Act R.S.O, 1980.
All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally
illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all
spills or discharges from this equipment that are a result of the Contractor's operations shall,
unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be
reported to the Contract Administrator.
This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills
or discharges.
21. PROTECTION OF WATER QUALITY
At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams,
No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses, Run-off from excavation piles will not be permitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
9.
from the watercourse, Where this measure is not sufficient or feasible to control sediment
entering the watercourses, sedimentation traps or geotextile coverage will be required.
If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
No machinery shall enter the creek bed of any watercourse. Movement of construction
equipment in the vicinity of any creeks shall be limited to the minimum required for construction.
The Contractor shall not carry out equipment maintenance or refueling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits,
22. GARBAGE COLLECTION
The Contractor will be responsible for ensuring that garbage collection, including recyclables, is
maintained and when necessary, the Contractor shall make arrangements directly with the
collecting agency, to permit and coordinate pick-up. Garbage pick-up is handled by Canadian
Waste Services, at 1-800-789-8886. Recyclable material is handled by Miller Waste Systems at
1-800-461-1582.
23. DELIVERY OF TEST SAMPLES
The Contractor shall include in his tender prices for the cost of delivery of concrete test cylinders
and asphalt samples to a designated testing laboratory.
For this contract the designated testing laboratory is at TSH Cobourg.
24. PREPARATION AND POSTING OF REQUIREMENTS FOR WORK IN CONFINED
SPACES
Clause GC7,01.06 of the OPS General Conditions of Contract is amended by the addition of the
following:
Detailed written procedures addressing the confined space requirements of the Occupational
Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation
213/91, shall be clearly posted at the project site and available to all personnel, including the
Contractor's workers, Authority staff, Contract Administrator, and Ministry of Labour inspectors.
The procedures must include the rescue procedures to be followed during a rescue or evacuation
of all personnel from an unsafe condition or in the event of personal injury,
The Contractor shall have personnel trained in rescue procedures readily available on site.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
10.
25. CONFINED SPACE ENTRY
Without relieving the Contractor of his responsibilities under the Occupational Health and Safety
Act the Contractor shall be responsible for the supply of personal protective equipment for the
use of the Contract Administrator, in connection with confined space entry while the Contractor
is operating on site.
The following equipment shall be made available on request:
. Mechanical Ventilation Equipment
. Gloves
. Gas Detector (C95-80)
. Full body harness securely attached to a rope
. Rope
. Gas mask or dust, mist or fume respirator (optional)
. 30 minute self-contained breathing apparatus (need not be worn but, if required, be readily
available to supply air for instant egress)
. 7 minute Escape Pack
. Explosion-proof temporary lighting
. Adequate clothing to ensure protection against abrasions and contamination,
In addition the Contractor shall provide a competent person who shall inspect all safety equipment
prior to use to ensure that it is in good working order and appropriate for the task at hand.
26. ENTRY ONTO PRIVATE PROPERTY
The Contractor shall not enter private property or property which is to be acquired to construct
the works without the prior consent of the Contract Administrator. This requirement will be
strictly enforced.
27. STORAGE AREAS
Clause GC3.06.0l of the General Conditions of Contract is amended by the addition of the
following:
The use of the road right-of-way as a long term storage area is not allowed under this Contract.
The storage of materials and movement of equipment will only be allowed for normally accepted
construction practices.
28. GENERAL LIABILITY INSURANCE
The Regional Municipality of Durham shall be added as an additional insured.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
n.
29. CONSTRUCTION LIEN ACT
The Contractor shall give the Authority notice in writing, immediately, of all lien claims or
potential lien claims coming to the knowledge of the Contractor or his agents,
When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter
acting under the Contractor, and proceedings are commenced by the Authority to vacate the lien,
the Contractor agrees and shall forthwith pay to the Authority, in addition to their reasonable
legal fees therefore, all interest costs and expenses incurred by the Authority and an additional
sum equal to ten percent (10 %) of the sum found to be owing as liquidated damages, and such
remedy shall be in addition to any other remedy available to the Authority under the Contract
Documents.
Where any lien claimant asks from the Authority the production for inspection of the Contract
Documents or the state of the accounts between the Authority and the Contractor, the Contractor
shall be liable for an administration fee of Two Hundred Dollars ($200,00) for each request made
as compensation for the preparation of such accounting or for the preparation of the Contract, or
both, as the case may be, and the Contractor acknowledges that such administrative fee shall be
properly deductible, if the Authority should so choose, from monies otherwise payable to the
Contractor under the terms of the Contract Documents.
Where an application is brought to a judge of a competent jurisdiction to compel production of
any particular document to a lien claimant, the Contractor further agrees to indemnify the
Authority from reasonable legal fees incurred in appearing on such an application and in addition
agrees to pay to the Authority its reasonable costs incurred in producing such documents to the
extent that the same is made necessary under the disposition of the matter by such judge, and the
Contractor further agrees that such reasonable costs and fees incurred by the Authority as stated
herein may be properly deductible from monies otherwise payable to the Contractor under the
terms of the Contract Documents.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-12
12.
30. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies
of a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works
stipulated in the Contract:
Date .......................
To:
Re: Contract No. CL2004-12
Dear
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 fmal payment and release
(Name of Contractor)
and the
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.
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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 performing work on the proiect complies with
the Occupational Health and Safety Act and the Regulations (under the Act); and
. the health and safety of workers on the 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 firm engaged by the Municipality to do work on behalf of
the Municipality.
Project - means a construction project, whether public or private, including,
. the construction of a building, bridge, structure, industrial establishment, mining
plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway,
parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph,
telephone or electrical cable, pipe line, duct or well, or any combination thereof,
. the moving of a building or structure, and
. any work or undertaking, or any lands or appurtenances used in connection with
construction,
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.
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SCHEDULE (C
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Constructor - means a person who undertakes a project for an owner and includes an
owner who undertakes all or part of a project by himself or by more than one employer.
Project Manager - means the municipal management representative who has
responsibility for a contract,
PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
a) Before beginning a project, the project manager or delegate must determine
whether any designated substances/hazardous materials are (or will be) present
at the site and prepare a list of all these substances.
b) The project manager or delegate must include, as part of the request for
tenderlquotations, 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 tenderlquotations 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 tenderlquotation conditions, 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.
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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 wamings 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 andlor to stop work if there are any violations by the
contractor of the Occupational Health and Safety Act, Municipal Health and
Safety programs, policies, rules, and/or if the contractor creates an unacceptable
health and safety hazard, Written warnings and/or stop work orders can be given
to contractors using Contractor Health and Safety Warning/Stop Work Order
Form (Schedule "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.
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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
accidenVincident and/or Workplace Safety and Insurance Board (WSIB) information noted
below, where applicable.
. The New Experimental Experience Rating (NEER)
_ The WSIB experience rating system for non-construction rate groups
.............................................................................................
. The Council Amended Draft #7 (CAD-7) Rating
- The WSIB experience rating system for construction rate groups
.............................................................................................
. Injury frequency performance for the last two years
- This may be available from the contractor's trade association
........... ............... ......... ................. .................................. .... ...
" Has the contractor received any Ministry of Labour warnings or orders in the last two
years? (If the answer is yes, please include the infraction).
Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
(Bidders to include the letter confirming this status and number from WSIB with their bid
submission,)
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBiliTY
As a contractor working for the Municipality of Clarington, I/we will comply with all
procedures and requirements ofthe Occupational Health and Safety Act, Municipal
safety policies, department and site specific policies and procedures and other
applicable legislation or regulations, IIwe 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 contractorlsuccessful 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 tirne, and
all Regulations thereunder (the "Act"); and
b) have sufficient knowledge and training to perform all matters required
pursuant to this contract/tender safely and in compliance with the Act.
2, In the performance of all matters required pursuant to this 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 contractorlsuccessful tenderer shall indemnify and save harmless the
Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which
may result from the contractorlsuccessful 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 contracUtender;
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and costs related thereto, brought against the
Municipality by any person arising out of any unsafe act or practice or any
non-compliance with the Act by the contractor/successful tenderer or any
of its employees, its subcontractors or their employees in the
performance of any matter required pursuant to this contract/tender; and
c) from any and all charges, fines, penalties, and costs that may be incurred
or paid by the Municipality (or any of its council members or employees)
shall be made a party to any charge under the Act in relation to any
violation of the Act arising out of this contract/tender.
......... ...... ...... ...... ......... ... ............ ............... ............... ......... ......... ... ...... ...... ..........
Name of Person Signing for Contractor
Contractor
...........................................................................................................................
Date
Signature of Contractor
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SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Schedule "B"
CONTRACTOR HEALTH AND SAFETY WARNING/STOP WORK ORDER
The purpose of this form is to: (Issuer to check one of the following)
Provide warning to the contractor to immediately discontinue the unsafe work practice
described below
Direct the contractor to immediately cease all work being performed under this contract
due to the unsafe work practice described below,
FAILURE TO COMPLY WITH THIS WARNING/STOP WORK ORDER SHALL CONSTITUTE A
BREACH OF CONTRACT.
PART "A" - DETAILS OF CONTRACT
CONTRACT/P.O. #
DESCRIPTION:
NAME OF FIRM:
PART "B" - DETAILS OF INFRACTION (TO BE COMPLETED BY ISSUER)
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SCHEDULE (C)
CONTRACTOR SAFETY
DATE & TIME OF INFRACTION:
DESCRIPTION OF INFRACTION INCLUDING LOCATION:
ORDER GIVEN BY MUNICIPALITY:
DID THE CONTRACTOR COMPLY WITH THIS ORDER?
DATE & TIME OF COMPLIANCE:
ISSUED TO:
CONTRACTOR'S EMPLOYEE TITLE
ISSUED BY:
MUNICIPAL EMPLOYEE, DEPARTMENT TITLE
PART "C" - ADDITIONAL COMMENTS
THIS SECTION IS TO BE USED INTERNALLY TO RECORD ADDITIONAL COMMENTS
SUBSEQUENT TO ISSUING THE WARNING/STOP WORK ORDER, I.E. DATE AND TIME
WORK RESUMED, FURTHER ACTION TAKEN, ETC,
SlAdminlFonns & Specs/ClanngtonlPoIicy-MOC
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C~'tlONOF _M:liHJCWALl'l'Y"~
, CONTRAC'flliO.CL1OO4-1Z
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'~}'~<:i...;
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SPECIAL PR.OVlSIONS -TENlJBRI11\1MS
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PAGE ONE
SPEeL\L PROVlSION$ - ~ ITEMS
CONTRACI'NO. CL24lO+U
S'mEETSCAPE IMPRovEMENTs
,
, .,.~ REMOV AL-lTEMS NO. 1(8), 1(b) AND 1((:)
,.1'QContral:tOr is advised Ibat certain work UdIIer IJcms No. l(a)alId l(c) isprovisionaJ and will only
"~' if funding is available (see .-s on Deslp Drawings).
An. shall be cleate<l~~ eltCePtWhere directed by -CODlraCt ~.Tbere are
.~ trees that IllllY be l'CID()ved aDd "'Planted (JppOSUe No. 22 Kina $treet West.
.MictebP& from tree removahb.ll be dJsposed ofofilhe site at a klelUiorlarransedfor by the
'~r. '
.ltEMQVAL OF SIDEWALK ..lTDIS NO.. 2. (a),.2.(b) A.NI> 2.(e)
Work uoder these Items shallil1ciude the fol1owing:
.~val of sidewalk 1.0 III wide from Sta. 1 +000 to Sta. 1 + 1'03 north and south $ide ,
(Provisional) .
,lemova1 ofside\VaIk 1.0 mwide from Sta. 1+)$7 to Sla. lf$94.north andaouth side
(J'rovisional).
.llell1OV3l ofsidewalk, full width, from Sta. 1 H03 to Sta. 1 + 381 north and south side.
. Disposal of all tubbIe off the site at locations arranged for by tbe,C(:Il1IraCtOr.
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.'Jlie. Cotl:tractor shall be restrieted ~. his openUion$ to one bl<!Cltat.atime.Where full width or a strip.
l)fsidewalk is removed, a temporary sidewalk surfacesball be ptOYidedin OratiuIar'A' and this shalh
~.paid for under Item No. 17. The Conttactorshall note Ibat ~'worlcs are provisional as
iniIil;ated on the Itemized Bidlheet. '
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~werations for sidewalk removal, the ~ shall prQleCt Water valves, gas valves,
~, light standards and other fixed featureS from 4amase. .1'artill8 ~heads, no .parking and
Qthclr infonnatory signs, beliChes and waste conwi\IIMS shall be retIlOVed by Municipal forces.' Mail box
$ball be temporarily relocated by the Contractor. I
The unit price bid under theSe Items shall inciudo for all saWCUltiJla as required.
REMOVAL OF ,CURB AND GUTTER - ITEM NO. 3
p~\JDder tbisltern shallincludc for all..~ as~~atthe limits off~val and for
dillpQSal obll rubble off theaite of the worksata~ ~ fC)rby the Contractor.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRAct NO. CLZeOt U
2.
~VA.LOF BlUClt'AVEItS -lTEMNO. 4
'~bricks removed sba1l1:lesalYllged. and stol'edOll$He for feUse.,>>.whicbare Ull$Iilable for
~or SU1'pIus to requireI1I.ents sba111:Ie disposed of of( the site at . k!clltionartllDged for by ,the
~r.'
~VAL OF ASPHALT IN ROADWAY,JIOlILIWARDS ANDItNTRANCI:S.;. lnMNO.
$(a),~ 5(b) .
~)'lltltDtsb8ll benwiellIldertlliB Item fortbe~va1anddisposalof8lplla1ltQ thelimifs~Qn
~"wings. The UIlitpr.i<< bkIsbali include lot ..M:utting atlbelilnil$oftento,va1~ ftdl4eptb
lu....ved.. . .
~alofaspbalt, pattia1 depd1 sbaII be for a miIIilnlBnleogtb of 211ltl(iIlterseetions as shown on
~. A'. Pa1-tial depth removal sbaII be40mmal1li sbaII be. perfoAl)IIld by lXlld milling or other
~ed.m,thods.
~VAL OF BRlctC, W<lLLcTO FOUNiMt,I?ft)IIfl.EV;EL ...tnlIMNO.,
,', '..~ sball be tnalie 1lIIder,Il\jsltem fouemovaIoflbe brick ";'~thekx:auonshoWnon1he
~ingsa1ld for disposal of a!il'Qt)ble off the. at aloeation ~ for by the CQnI'ractor.
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~wall i,sapproxitnltety30 ~.lQng by 2.$ '.., 3.0 ~ high. ,l~tbe ~1ilIl:lJnent of
~COQl1(lCtion toBellPllY ,.llooth. .
Q~~ board a1ld baUen finisbon existing ~tastof wall ifllCiCI my .nuild Ill!wwall on west
,.. of existing coveted poroh at Rar ofe~llIlilding in wood.fmme ~ With.siding to
~exuti"lg. . ,
REMOVAL OF PAltKINGME'rEk POSTS-ITIWNO, 7
, -. . ' . . . . ' -
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" P~1t shal11:le made: under this Item for the ~ and dispol!ai; ofparkinaJllCli8tposts to a site off
theW'lrks at a location lllTangedfor by the CoomK:tor. Parking ~hoads sball be removed,and
salVaged by the M~ity.
~VALANDSALVAGEOF CAT('UIl'_'~AND~TE-lTEMNO, 8
1'tlesalV.llged. frame and grate shall be stored. on wfor reuse.
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SPECIAL PROVISIONS - TINDER ITEMS
~NO.CUOI'O
3.
OONCRBTE IN SlDEWAl.K...ITEM NO, 9
,
>~new sidewalk ~.<<'~tof'~~,an~iQJJjdntsbldl be~at
.~IOOati<>~. Every joint shall be a ~joiDt except ~~ion jQints.are indil;at<<!.
~ionj()iIIls shall'be CODStrItI:tedwhere ~abuts~.
,~..lliiit.price bid shall include for excavation for .wd!.e supply, '~,w~of lllOO mm
_~ofGranular'A'. Nosubgnde moi8tureVIflOUl' barrier is ~:
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'~KING BlUftPAVltRS - rrJ!lM$f\fO,10(a), lQ(b),tl.AND 12
~the$eI_ -atidfOf ~_ price bid, the ~r slIaIl'~ ~ foUowblgWOfk:
, ~ ..$uppl)'andpIacillfOf~ pavers in ~indtJdlut -,~,P!llcUtaJllll eotUpl\l'~.,. Qt
'. , ~.sand w (lranuJar'A'\)ue. The ~ shall.....tthe widthottbe proposedbriek'
~_varies fi'oln 0,6111 tol.Om. ~ shaIlaIaQbe~~~1tems forptacing
'Qf.J)rick& salvapld under Item No. 4 where~bythe.~~.
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· Supply wpJacineot UIIi-Qptllock briek~.ln roadwayilw~ thesuppty, placingaQd
compacting of ~Itli BIRd, Granular/' A' .. aad geogridu pIlJd$il. TherQadway at the
interSectio..slIallbeinspectodbytbe ~.~to."ttJninetl:leGhr1uJar 'A'\)ue .'
depth prior to authorizblg its removal apd ~Dt.
~_pricebid sIlall~for~ OfpaverJ,lnboul~ tl)fit __ fealUrea suelus
~.~. etc. Btidtpav.nforroadway aad.bouIevacdusul..lJ:be 90 nunapd 70mm
~vely, u. indicated on the drawings. Colnw' and .pl!ttern 'fQr ~lIballbeu imficated on
.. No. S. '
~C~torshall provide a$llDlpleoflhe U~,paversto.tbl':~.~ for
~. Installation of the pavers 'shall beu~..~~.
1'he Contraetor shall note tbatItems No. 10(8) w Nl:I' 11 areprovilioul and work o~ the$e ltemsis.<
~ubjllct to availability of I'ullding. -
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<~1tETE CURB ANDG\.In'tK, ALL 1'l!PJi:S'- lTEMNO/13
Sli~$CCtion 353.07.06 ofOPSS 353 is amended; intbat'<ttllverse jolntin&Qf CUrb anil'gutter shall be a
" ....~~ing of4.0m. . , "
~n 353.05,01 ofOPSS 353 is amended in dIat the.on ~ Gfeoncrete placed by elttrU$ion
mediO!ils shall DOt be less than 4.5 % when tested In place in a plastie state.
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SPECIAL PROVISIONS - 'lENDER ITEMS
. CONTRACT NO. CL2e84..d' '
4.
the U/lit price bid undertJli$~ sbaIl ioolwlefof $lWCUttingofaspballt() ~tocurbradillsand
~ andplacins ofGramllar 'A' base as required. RestoI'atiQn()f ..11 paVemoDt shall be paid for
...._ No. 20;
the Contractor shall Sawcut approximately 0..5 ~ from the .of1he new g\IUer and shall. allow
fat .~. in the restoration C()StS of Granular 'A' .
~ALLATlON OF MAINTENANCE BOI.aI'RAME ANn COVER -ITEMNO. 14
~sbalLbemadelllldet tbia Item for the supply and iDsho"~ohframe and Oplllil cover on
.~catchbasin Oppo$he the Hair Loft Salon on...north aide ()fK.Wg Street.
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.:MMDIA. STOIlMSEWER - ITEM NO. 15
.:~~ shall be Gde undertbia Item f\lr the IlIpplY.and i"""ll-tilm of 300 mrndia. Class 3 ~
~~$llwer withOranuJar 'A' Wli", andeover aJld_v..~W1.
:n.lUIit price bid shall ioolwle for breaking inlo. alXi"C()tlIIeCtjng mrDl $llwer pipe to existing
~in, matching.~ inVf!rt. Pipe to be laid at a lIlinimunl.- of 1 %.
CATCBBASIN - ITEM NO. 16
NYruent $hall be Gde under tbis Item for the .,and ~()f a catcbhuin at the location
"011 Drawing No.2. Payrtl!ll1t shall inclwIe fQr _cavation, $l~, diaposaIof aspIJa1t and
~Qlaterials, baokfiIlinJ with GranIlIar~B'. 'l)pe I and restoration of~ay to base course asphalt
....~41Witb Granular 'A'. Pavement restorationu.llbepaid fot lIIIdet.ltems No. 1.9 and~No. 20. .
G8ANULAR. "A' - In;M NO. 17
PayI!leIlt shall be made under this Item for the suppI)',placingand ~ofGrllQUlar 'A' in
tempQrary sidewalk. The unit price bid shall inclwIefQrremoval>an4 4isposal of' A' .~ as work
progresses. The Contractor may salvage and reU$ll tJli$mat!!l-ial ifa metbod for stockpiling and reuse is
. .~ witb tbe.COntract Adminiatrator.
P'~BENCUES -1n;M NO. 18
TbeContractor shall supply and install park benI;bes, Type 716 Comfort as manufactured by Toronto
Fatmcating with coated steel ends in dark green fmish to match existing benches. Wood shall be IPE
with 00 finish.
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8PEcLu. PROVISIONS - TENDEllITlilM8
CON1'JitACTNO. ~
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.JIOT MIX B.L.-3 ANb B.L.... -ITEMSNO. III AND 20
, .
~~tJiaIlbe Gdeuuder~ Items for_~~~OfIt.L.-3'F a'ndH.t..4 inroadwaJ'
r~. Asphalt$IJaUbcPQACS$--.28.
.~MarshallStability.forB.L.-3 surface course_lle 3900 _forH.L..... bind1I:rCOlU'Se$8000.
....., $Uffacing ad~tobrick pavers at ~ $lJaUlleMl_~ The unitpri<:e bid
~~~..~for ck\aninJ.~ ~ surface..-asphaIt Wbcen,jl!IItliaIly 1'Ctl1OVCd, Uliitprices
".llI.liI1lIf eadtltem shall mel~ for aIlhaDllworlE ~to place. ~lf.
.~rcouraes ~('tj~ to neW _line shaIlbea.totII\Nr- Offl9mmortolRltt;h~,
. .~ ... is greater.
.....VANJ)INS'1'ALL..~G l\u;.1l;ItPOiSTS - ITEMJIfQ, ~1
~ shallbema4e lIIIdetlhis Item for tile ~_ .~Il,,~ of~~posts, lnl:lIldins
~ftqings.concrete. excavation and b&ckfiIl, al>l jlJlQ!:Orda1lce wiIh_-.n onD~No. 5.
..~ ~ posts thailbe .illItaIled to providubei8btabove ...~ of 312 llIQl~i iltehCa}.Post&
!\liIJ~Ib<: 5(lmm (2lnCh) il1ternal rt;._r, ~~Ml.....:withtw0(2) 6mrn (114 inch)
:weephllles just IIbovll! the sideWalk. .Colourtol!epo:wderwatecl~. to IIIllWl bOllards.
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~~be installed :witIJ.~pipe-~ ~bOl.til\accordance withfue
........<4. . .
.. . 'GBOTEXTILE - ITEM NO" 12
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.~ shaIIb<: made~tbis Item for thl;.S\lPPfyallCi plaCiDgt>f~"'lIe1'err8fiX 270R or
;~nt, at.aIl valves aIlCi stnIQtureS witbinroaliwaybrickpaven. .
~tile shall be placed to a width of 600 mm ~aIllllIld *h valve oratruf;tUreat G~ . A' .
~asdirected bytbe ContractAdininistrator. '. .
StJPPLY AND 'lNSTAlJ,ATlON OF BOUl.rIW_ 'l'ItEES -11'BllIf No. 24 (fROVlsIoNAL)
~~!Il shall be Gde undertbis Item for the 811PPiY,and inslaJlaticlo .of trees ;u;cOrQing to the Street
~ planting detail on the COOtract.Orawings. 1lHewill incIwIethesupply and instaIlati()tl of root
~, drains, topsoil and grafiulars.
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For$l.cll street tree, supply and install 2 drains.... ~ by Zum,(905)~,Drauntrainers
'.,.-........'... . . , <.' :',':,' . ,'- . '.,'7 - .. \
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~PROVISIONS - 'I'ItNJ)ER lTEMS
CON1'M~ NO. CUGt1 d
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sblUfbe brass. Model No. 2B41S-~.Atlachdtalnsto 100 mrn~ PVC pipes (with sock)
usit18 100 mm long Dll'(',h,,,leal joint bands.
~each street tree, supply and install a root barrier as supplied by ~iimFores&ry ElNjpment Ltd.,
'<jJQQ)387-4940. Root barrier ~ be UB24-2widlaeven panels. .s.mer to be installed wilh the
~root deflecting ribs facing inward. Provide 19 mm clear Stone in thePVC pipes and Granular
'I\' OlltSi<Jethe root barrier in the planting pit. Gm$darshall be insflIlIe4 in 2OO,mm liftS an4
~ to 95% SPD. ~k;fi"i11g of planting soil $lidgl'llBlllar shall be doneslnmllaQe()USly.
$tJPPl.V ANn INSTALLA.1'ION or PLANTNAIflIIUAL -rrEMNO.2fi
,
~Ylnentshall be made UDder ~ Item for the suppI)' $lid iJl~U..~ofplautmatOrial according to the
.tl'CoIabrub planting detail L-l in the ContractDoatal,epts. Bxtranwerilils and\Xl$tSrequiIedto in#taIl
~,in boulevard areas will be, paid for under JlemNo. 23.
~tbis Item and for the unit price bid, the C~ shall8llJlPl.YIB!iinstall the plll,Dtmaterial,
~, muIeb in accordaIIce with the Contract ~ $lid as spec;ified~.
J.u,planting and related work,~ be done by~~, qualifiedJ*'lOBllClllllderthe<lirectiOD and
~ion of foremen witb atleast five (S) vCBf:S ~~~.~pi.lJl'in" ..~~. ,The
O:mti:llctor must be a memberoH ..~pe 0alatiQ.
,
,Nl'plaDtmaterial shall meet the~,~ of the o.~~ NutSel!Y Tradils.Association
Wfthmpect to giadmgand quality. They shallbeJlllt8er)' grown. under proper ~ralpractices ,
~ ~by the Canadian Nursery Trades AISOCi8tion.
N9tif)'ifl~Jneer of SQUrGC ofmawiaJ at least 7 df,ya inadvaoce ofsbipmeat. Makeplaatmaterial
a~ for inspection at source of supply or upon ltrivaI at ~te. ApfIroyal of plaut ma~at source
~supply does not.ensure.~ upon arriveIooi'fO.iect aite or 4uringthe C()U[Se of COIIstrUCtion.
The Rrlginl.!tlr rescfVC$ the right to reject any plaut material, w~r.pIIu1ted or '1104 which does not
conform to the specifications. l><l Dlltremove any ~1s ftomplaJlt8 lQIIiI, th.ey have been inspected and
approved by the Engineer.' Substit!1tions for the 'lpeCifie4plants will not l!e, ~ uuIess Ilpproved in
writing by the Enginller.' .
N9fIICBC1ature of specified pianushall confonn to tbelntenlalional Cqde of NOI'lICDCIature fot
~ated Plants and shall be in accordancewilh.the 'JippfOved scier.1dficlllU1lCs given in the latest
, ~,ofthe Standardized Plant Names. The 1IIIIIICl\9f ~notllllllled 1herein ~ generally in
~rmjty witb tbe names~ in the nurserytl'llde:
, ,
All plllnt materials which cannot be planted immediately upon arriVal 011 the site shall be well Protected
_soil or similar material to pt:event drying ()IJtand mail be keptlJlOitIt until commencement of
planting. Co-ordinate Sbipping of plants and exeavatio!l of bOks to erJ$Ure minimum time Japse betWeen
diQing and planting. Ensuretitat trc!es are ~.from aQraswn, bt'eaka8e, and ~ during
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. cue.. U
7.
~it. Root baUS shaI1n<<bo;cJacked. booken,or dt,maged at tiIQe€lf~. Trees ~ tobave!
~~trIInks with~ ~andbe well aIlIl ~~_~ for tile &peIlies. AI1 plant
'1:1) ,lli1to be free of di~.iosect in{atation, rQdImtdamage. Ml~,ftostCn\Cb aod ClIher
~Jjt or scars to the bark. They shln be~ foliated wben in ,~'aitd have a beaItby, well
"~ root system.
'~shaIl be done d1Jria& periods suitable with rtIllpCCt to weathef~ and localI)'accepted
, ptaCtice, 'an4 to tile Eogineer's approval. All ~xeavaled ~,are ~,be l'llBlOVed from site. TI1e
,rootbalI is to be plaeed on ~vated or 'COIIII*ted ~ toavlli4, ~, I'l-. shall be set
plumb ,in the centre of the ~ pit at the _,~ to ,..asorialnallY srown. after, _~
'~taken place. The north sideof.tIle trunk u.ube J1)Arkedinthe~, aIlIltreesu.ubepianted to
,.. same direction,orto sivethe beat ~or reJatioallblpto~stnlCtUfC$, as
apprOved by the Engineer.
, .~~f!dtopsoil or ~ialIy propared'l'rjpleMixshall be_for~. TqJsOil sbaIl be
~~~loam cnntain;~DOt less tban 4~ orpniclJtWt."tF~_of~.-~'l8vigorous plant
~.~shaII be free of any ,~ of SlIbIoiI,~)' Iun1pl orMeds, an4 free of stol1C!l aIlIl roots
'~"$lil. man in d;---t~r an4 other extraneous.... ,The aoil.to be IIlIed shall be tested. and the resuJt.5
of the Itoil ttstshal1 be proVided to the EngineerpriorJo instaI1ation. '
~~aIl ropes, wires, elC..and cut burlap awa:r6!lil:la,at leasttbll!'tcphalfof the root ball. At.
~,tcp hal>f of tile wirebasCt shaI1 be reBlOVed. '~W"l and taIDp aoil~e 1lI1ay~snoteitceedmg
t$i}lllIl1 depth. Soak theitoil mil1ure thorougII1)' with water wilen .~ is ,half filled. and water
~y, iIIlD1edia~yafter planting is compIIite. ptovide a cortUgtted PVC trunkptd for all
~JS trees. Fasten~ using plllstic I~ties.
~1:tJtd back,mulch willbuppliedaround all... urltopiantedllbnlbbeds as shown on tile
. ~t Drawings. A ..Ie of the mulch to be-.lshall bellllbmitt!lllto the Engineer for l\PprOVaI.
! TI1e mulch will be' hand p1aced around all trees aIlIl'llIlrub$, to a rniDiQmm ~ depth of 100 man.
~ all plant material and assume full r~for protcmon Otall planted areas WItH flnal
~ of all projm:twork. Submit a w:rittt:n guarantee to the effeettbat,aIl materials and
.~ip be guaranteed for a period of one (1) )'NlfollOwms~ f:OIIIpIetion. Keep planted
...'free of weeds at all times. Remove all debris, broken branc.\les. ecc.,and ~pb!nted areas
in.aeat condition at all times. Water when BC('essary..witb sufficient..itie.s to moisten 1he entire toot
.&)'$tCnl' Use chemicai$ as necessary for weed, <IiRase,and in$llct~1 in strict ac:cordancewith
l'-l""I',f1iC~r'& reco~9t~, and in comp~wilha(!pl~~ide COJltrOlresulations.
~ MI responsibility for any damage that may fCB\!1t from tile USClot.s\JCb d1eInicllb; The
",Ilttllnty on replacementp~material shall be~ for a period. to the original warranty
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Finallnspection of all p!antingsshall be ,made at tile eni1 of the specifiedparantee period. At tile time
ofinspectiQn, all plants shaI1 be alive and in a heaitIJy, satisfactory srowing COIIIi\itil)B.Owner reserves
the t'igIIt tocxtend Contraelor'& warranty ~' for ~ ac/diti$naIynr if,at:end of initial
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SPECIAL PROVISIONS -'fENDER ITEMS
CQNTRAcrNO. CL2OlJ1 ta
8.
WlIrt/!BtY period, leaf deVcIopn1ent and8fOWthjS_~~..future surviVal.
.~ -ITEMNO.1.7
lJDdertbis IltlIU and for t\le 1U1it~ bid, tbe~ SbaIl iDatallboUards in boulevard areas Wbere
~ted on the drawings., TIle work Shall inclwletbe fOlloWing:
-~tion of boliardutipplied byMuniciplllity.
-SUpply materials IUlliCOllStRlCt eonerete b8luI1{lport~..__aatequired.~rete
u.tlbe30MPaandbaesballbe4~mm"X1.2melres_., ' '
SuppiyIUlli p1ace 12.5 DIm (112-) diA. 3OO_lol1JlIooked ~or llllIi"'tlisstelllanchor
~.anthorage fur bc>1Iard. . " .
....mla:nd.Jr&'Ie area arouudbo1lar4s tobtieltor~~. ,
. All fastenef$to be plvaWzed IUlli p"inMd black tomatdl tbecbOD.lcllfteri"'atiot1.
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SPECIAL PkOVJSlONS,- TENDER ITEMS
CON'I'RACT NO.~d
9.
lllGJITlNG
. '...~at the contractlUlit prjees, shall be ,.~ in MI. foJaIllllbour, !l4Uipmeot and material
't(I'<lo al>1 work as out1ined ,in the Form of TeriiIec in lll:COrdance widlOPSS and OPSD as noted. All
..*performed shaIi be subject to the approval by.the' M\lnicipality of CIarington. Utility locates to be
9btIiIItld by cOntractor. All ~n and~n ftles are to be paid by the Contractor. The
~tor shall DOte tbat a IIURIber of pipes COIlI,Ieetroof leadS to~ins aM these pipes may be
,.',int$epted by duct ~operations. At least_en such pipesbavelleen ideIItified.
.()P$$6Gl applie$ to all ~Jec:trical work.
"~It: CONTRACTOR IS ADVISED. rHAT "1):m.tCE IS A GAS MAIN
'Q.NnEllTHE SIDEWALK ONBOTJISJDES OF'l1bl:'S1'ImET.
ELECTRICAL BANDBOLa - ITEM NO.1
,'Retetence: OPSS601, 602andCoDtlalit~
OPSD2112.02M. MTOI> 2117.02.OPSD 2118.02&.MTOD 2123.G3
~to OPSSi02",~ 1993
602.07.02.03 Backfill
~602.07 .02.04 ofOPSS 602 is lIl11CIId<<lintbat the ~ number at the eud of the
~ of the fHSt paragtaph ill changed ftom 602.07.01. 11 to 602.07.(')1.10.
602.07.05
Quality Control
, ~Iation Testing and'lnspection
'neContractor shall inspect the electrical chambers and cbamberdrain COIBpOIICntSprior toiiistallation
, to ~re that they meet the requirement& of theconl:raC1.
Proo, . f of Performance Testing aM Inspection
. ;,. .. . "1
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nteCQntractor shall inspect all electrical chambers to ensure thattbeYmeetthe COl\lract requirements.
lnpart~lar.' and without limiting the foregoillg, 'the Contractor sIJaIl inspect all electrical ~bers to
f!lISIIrethat; they are properly suted and aligDedto apltunb position; baCkflII is placed in accordance \
with the type of material indicated in the contract; the backfill complie& with compaction as indicated in .
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SPECIlU. PltOVlSlONS- TENDER ITEMS
"~NO.CUlICI!fd
18.
.~~~. all unused .b.Oles aDd spaces are~~fing....~conect.I'~<whVe
.,'appl~e), and all fl'ame$and'COVflS are ~"an4adjustedto Jrade as i~~ed in..COQlract.
~DUCTS"I>IRECT BURIED -l'I1lMlIlO. 2
~<il1ce;
()pSS601, 603 and,COIUract Drawingl
OPSD 2101.01, OPSD 2lO3.02M.Opsb 2103.05,
~. this ,item and for. the unit,pricebid, dfe'~ sha1I~aDd k$l1.2Smrn'lUarneter
fJedbIe dUCIS for future au4ioeable$ at1he i<<tliOilUboWBOIl ~eoaIrlIetlltawiJlP. '"
. ,,.....,i:'!~~. to OPSS.,....l'"
_OS.08
Duct and Fitlinp
. - . / '. - ' .
"Slti~603.OS.08ofOPSS 603 is "~m.tbat"tetm "50<.." of.last~is rep~
~<"SOm". '
.fil>>.07.Ql.01
~!l~W>u
~tion 603.07.01.OIofOP55 603 is.amended in $at t!le sec:oOdpwlllJr&Ph isdeletediand replaced
wtIh the following: .
.~ used for ftcxible <klcts made of pof~ shail.be PVC'~ ~ or sbaIlCOllSlat
o(.~45O~pieceoftheduct, ()DC si1.e lar&er.s~and~~tbe ~jolntand~
~us.ins $Ii\'lless su:eI.tl~. Pulling ~ for cable, ",..~y~ p~~ used} shall
','.."bc~s~y. '
~",.and fOurthpllragrapbsof subsection 603.01;01.01 1II!!l.__pangrapllof 603.07.02.01 are
~ in that thb. Word "manhole" is deleted aDd mplaced with'l\l!'~_I1OI8" .
TaWe 1 is amended in that the use of PoIyD)CricPVCfor DirectBurialia deleted.
'603.07.0Ul9
, Backfill
i'i~ 603.07.01.{)9ofOPSS 603 is ~._ thelast,~b,is deleted,
663.07.01.10
cable and Duct ProtecQonatWlMatklng
".~io/l' 603.07.01.10 of OPSS 603 is lWjeIIl.Ied' in,ttt3t tbe first'plI!!ltJl'-rmisdeletedand,~"
with the following: 't
~Contl'actor shall _II cabI~bricks and ~,'~tionatloeaQonsindicatedintbe Contract.
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Sl"l\\CLU. Pit.OVlSfONS - TENDER ITEMS
COl\I'1"lt:ACTNO. CL2CMJ4 12
11.
~,tape shall be instalIed.along the centre IlfaUtrenches.
603.07.02.03
Backfill
.Sub$ection 603.07.02.03 ofoPSS 603 is a_'!dedintbat the lastpa~h is deleted.
603.07
CONSTRUCTION
$t:ction 603.07 is amended by 1he addition of thefoUowln8:
603.07.08
Quality ContrOl
\ '&." iIlItallation Testing andlDspection
, ,
l1leClQlltlactot shalllnspect all ducts to CIlSlIl'Cthat they.meet the~ of ~ contract.
, '
1be~r shall ensure that ,all ducts are, ~with the ~ CSj\, Standard DUIllber and
lC$J ,_>and type '(wIiere epplic.able) as requite4in~n 603.OS. 0lIrin8 iQStalIation, the, contracUlr
. ".,...." ,ensure that all ducts are properly1lild<W,~ve &UfficieDt,depth of cover and are coupled or
<ll.,jf~ to electrical cIwnbers, poles or . !levicesin coofoI:'maJIce with the requh:ementsofthe
~.
ProOf of Performance Testing andlnspection
TbeCoiltraClOr Ilhailinspect and. test all dllCtSto eQSUl'etbat they meet the contract ~ements. 111
~,and witboutlimitingthe foregoing. the~r sbaIl test all ducts to ensure tbat they are
fHe'()f debris, Water, b~ or distortioll.
r" DUCTS, DIRECT BUlUED - ITEMNO,3
Reference:
OPSS 601,603 and Contract D$Wings
OPSD 2101.01, OPSD 2103.02M.OPSD 2103.05
Ullderthis item and fer the unit price bid, the CODtraClOr shalhsupply, andinstall1Smm and 50nun
,diameter ~igid PVC ducts at the locations sho,wn ~ the contractdra..... ~
,
~to OPS!Hi03, Mlll'd11m
i_as above (Item No.2)
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sPEcIAL PlloVlSlONS -~~
CONTRAC'l' l'<<).,Cl~U
LOW 'VOLTAGE CABLBs.lN DUCTS -l'I'BMNO. 4
RdmInce:
OPSS601, 604 and Conttaet'l8wjngs
~+-nt tG OPSS 60441ted,~200Z
fi04.0.7 .07
Quality Control
604.07.07.01
GeIlera,l
~11604.07.07;Ol is l!IlICBded by the ~.dle foI1OWil1g:
,'..insfaIIatiOn TesUnI~'~
).-
11.
1'l1ll! Contractor shailinspect the Cables, SPlicia& lQlli connection QOll\IIlJPI "'~ Prior to instaJ!ation to
IQlIItetbat they riIeet the ~ of the c:ontrllCt.
',.~of' Performance TestiI!gand lMpection
1'l1ll!~ ShaIlCll$\lB tbatall cables are In'~t1t1. tested and ~a$ indicated in theeontl'llCt
~1hat all cables are eMtgit.ed and in Wllrking()1'4CIl... .
,~WJ:RES -l'I'BMNO. 5
~:
om 6()1, 609 and Co~ DrawiDp
"ilJlIt:7__to oP$S _ dated November 201)1
-$}9.02
REFERENCES
S1lb-$llCtion 609.02 is amel1ded ,by the adcIition of tbe,fQllowing:
UL 467
GrowIding, and.Booding Equipment
609.01.03.05 Ground Wire Connections
~3f!Cond parall~aph of cla_609.07.03.05 is deleCed and repJac:eclWit!1tbe following:
.kied type ground connectors or high pressure ~CO,.;jL ~1IC()nnectors sh;1II be used ~t
~ mounted elei:trical.:electrqnjc equipment, pl)wer supply~, arid all locations where the
ground connectors are direct buried or inaccessjjlle.
609.07
CONSTRUCTION
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,SPECIAL PRO~S - ,TENDER ITQfS
CON'I'BAC'l' NO. CU88f d ' ,
13.
'.~609.07 is lII1ICIl4ed 'by tbcl alidition oftlle:foUOMog:
. .". .". .. .
..07.10
Quality Control
~~llltion Testing aa<flnspection
~~rshallinspect..8fOUDding ~.boDding juJIIpm. afQlIIld eioelrodes and connection
~prior to and ~instaUatlon to...._,." ~tlle:~ ofthecciltract.
Proof of l'erfonnance TeadlJgand ~n
1)IeColUractor shall inspect ,I!lli . tile: .gfll'ml1l!ato 'ensure ,~ ~ meecs the ,~of tile:
. .~. In parttcuIar.andwithout nmiti.tIle:~. tile: .~ shall~ tile: wotk to
~ that aU e1ettrica1 COllI1lletions and spUoe. have been ~ _1led inaeenM."'Ce with the
.~ of the, contract. The Contractor, shall. all 51__. '.~'.~' The
CQbttaetor shall test the mista!1t'e togl'OUDd ~IJIl.tIle: equipmeQt~ ancitlle: gt()UlJdinggrid(
',~'~' llflow conduc;tivity.a44itionalgrouo4 ~,..pcIUDd,Platel.,.FUDd wireS ShaliDe, adde/I...
l'~. R4-iiu&~. sbaIlDOte&ceed 2S ohma. n. .alll~u.ube ~Wben ~
II nation does l10t exceed . ISO rom. CclpiesOf all(lnmI'''~_ be ineIucledin tile: ~.
MamiaJ,. ' ,
'~ELECTRO_.,m:MNO. 6
~:
Ql'SS 601,609_ Coatract Draw.
"'I w.w OPSS_dItecI NOftIilber_l
.
'''as above (Item No..5)
1$M.<>VAL OFELEc'rIlICAL ~-1'1'8M NO. 7
. ,
Reference:
OPSS60I, 610 and Contract Drawm,$
'A~~lltl..t to OPSS 610 dated September I,... ,
,610.07.05
DispoaaI of Debris
Subsection 610.07.05 is. deleted and ,replaced wftII dtefollowing:
Ailotber excess material$, sudtas, Portland ~, C9OOrete, natural wood, masQnty" fabricated
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SPECIAL PROVlSWNS - TENDER ITEMS
CONTRACT NO. CI..2flO4.:-12
14.,
,.andpIastic products, sha41.~ managed as: non-bazardous's&Ud,itIdustriaI or~ waste. as
specified in OPSS 180.
610.07.07
Ulminaires, Signal Head$,ltltemaUy IIl>~ Signs
'l'befirstpafagraph of subsection 610.07.07 is dek\te4 and replacod with the folloWing:
,
~ires with internal or, externaI'balIasta andQpaCitors. sipal>'l1eads, and inlernaIly illuminated
signs dqigB$led for removal shaI1 be removed for, salvage or disposal as specified in the ContrllI:t
DocutneDlS.
1110.07.17.01
QIIaIity Control
Otauso610.07 .17.01 is<lr.leted in its ll!ntirety and replaced with the folI()win8:
PfO..losta1Wi.on Testing and Inspoction
~Contractorshall,iDspeCt the' compoI'llllItStobe~. If theCQalpollents ,are to be salvaged tor
.-euse'. Within the contract or for storage at the 0Va!er" preIlJises,tlleCoatractorshal1'makIl' a list of any
~f!Ctions of thoseCOlllpOneDlS and shaI1 sublnitthe list to tbe ~Adminiatrator;
~J)fPerformance Testingaud Inspection
'l'hll! COlUraclOr shaI1 iDspeCttbe work to CIlSl.lI'e. ,tbl!t,aIl electrical> ~val>s .have been carried ont and
d'ratatlcomponents I:CqIIiring disposal at approvef,i sites have been doPe SIICh that no such materiaJ$
~ut the OWner's lands.
610.07.17.02
D~
CIa~ 610.07.17.02 isatnended in that the word'Bnglneer' in the last parasrapll is replaced with
,'~act Administrator' .
610.10.01
payment
~on 610.10.01 is deleted and replaced with the following:
~.~or shall removcand dispose of all items shown on the m.wiIlg$asl'emovals.
\ . - -
Payment at the contract price for the tender item "R~mo~1 ofakctricalEquipment" shall be full
compensation for all labour ,equipment and materials required to do all work.
~nsation for costs associated with the removal and transpartationrequirements Illlder "D~posal of
Debris" of tbis specification, shall be deemed to be included in the COIUract price.
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SPECIAL PROVISIONS - TllINDER ITEMS
~CT NO. U_i d
15.
'\1
..:rCONTR()LC~ASSI'AfBLY.1'IDI NO.8
~reoce: OPSS (i(l1. 61~ and COntract~winas
~614;OS.03 i$ 4C'leted in its entir!:ty and ~with,thefoUowing:
.. _.', - ",' ",,', ", _' ,1
'I'I1e SuwlyContl>>I Cai)inet "A" and "8" .'shall be a loa4,' ~ by>&q\Iare 0, Model
""" ',.. ........ : I
ClQ0116M10()RBl00or an~ equal """'''I'l_Widl top and: ~~,h11bs.
, ...... ~r shallsuppl)'~~ atsuppl)'~ "A".folIows: '
r .' 2'oIe - ~trip,circultbreakel'. ~I)r-~N!);QOM100V!il.(l00anlp). Thill
shallbelllled as lihemain ~llhIker.
16
3Oau,p' ....Ie pGle breaker fQr4be l1"gn~clrouitfQr," CaIbiJlet "A"
~ Unp single ~lebreabrfOt*iQum~.inaIit for ..~ .....
'- ~
16
",' ~t~,614.07.02 is ~bythe additionOfIilll,f\:IIIowinS:
...... .'Omtraetor shall -VIi! sUfficient wire epjJed at the weadler head for Veri<<lian to make finlIl
~don$to lihe secondary bus. The ~feei$ est~at 'abolJt $200 per.location. The
~ also has to ~ a flat rate COQ'\1nl~ form and..m it to Veridian.
......Contractor shall'COlitact Veridian two wceIcs beforcthe J>O'Wll!liW.t!>>serviceis ~ an4 reque$t,
~"Slltvk:e Laydut"..theOmtractor will meet the Verklian ~e on site.and,~ the,
" "~,to complete "services.
...".,. l(qJmenttltilltl:
Mr. T_"'" J.(8(J(J) ~B%t.4_
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ltWill also be the~'s reaPonsibilit:yto obrain' an "a.S.A.lPspection Clearance" from the
!3il1tdcal Safety ~., ,The "InspectiOnC~"must be obtained at least 48 ho\Irs,in adv~
.' }~lillIpower turn on to C1I$II1'Ctbat Veridian wiJl teeCliVe it prior to 't\IrIl' 011,.
~iOn614.10.02 ofOPSS614 is deleted in itsetlijrol;yand'~\VifhthetoltOwitl&:
f;lyniefllat the contract ptWo: (Qrthe tender ittim'SJipPly cOmroi ea--Asaembiy' sballbe full
~ion for aU labour , ~ipnl.ent and~riW>required toe>> all wodrdescribed herein iooluding
...installation of callies, coiKluits andassocuUed~ 1'CqUiJ:ed for Veridianto lUake the final
,~n.
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.~Cl4LPROVJSIONS- ~ER I1'EMS
~NO. CL.1t04U
",
16.
'DBCORA1lVECONC~1'OUJS, ~.~",m 1N..........lTEMNO. 9
Reference:
OPSS 601; 615, and ContractD,.winp
~ to OPSS 615 4Ilted Sept_'- t.,a
615.07.09
Quality Control
J>re.:instaI1ation Testing and InSpection
no Contractor SbaIliftspclot poles ~r any obvious o.ws, prior to erection.
lltoof of Performance Testing and Inspection
The. ContraclOr SbaIl ~, the work to ensw:e that it compliesw:itfl.the l'CqIIirements,. of the contract.
..~, and witf1ou4.lintitIog the foregoiag. the Contractor.nau/~.thework to ensure,tbat:
"poles and apputtBBanceShave been.properly_~~; the poles. are plumb;~e assemblies
" _~Je bases are installed in complim:e w:itfl.~~ of~~. ,<
,~615.10.02 is aDiCIIdedwitb the addition oftkfoJlowing,:
61$.10.02.03 Decorative COIlerete Poles"Dkoct Buried in Earth
..~ at the contract prieefor the above tendll!rilem SbaIlbe full 0<..1\,!!<'1SlItion for all labour and
...ials required for the j;{1Ift''f11Ji,.,.-0Ifly of the~eCOllC_poles w~ bave been 'pre-
~' by the MunicipalityofC1arington. PaymIlptwUl aJsolnehrdetrlllSpOl1ationofthe poles fronu '
~e sitedesisnated by the. tdunicipality ofC~ witIUD six~ oftk COlIStrUCtion site. The:
CofltraClOr will contact a ~ve of the ~ of CIarin,gton to,lU'rlUlge for pickup of tbe
~ve ,concrete poles.
Clt#jagton Reprnentlllil't:
Mr. P6i1lkwmtt
14l15J us-zm
Such payment will aJsoincJu4ecnntpeMlltion for 1he~ and trimming <If pavement, sidf!waIk and
elirb and 8\ltter and restoration work where SIIch work is not ii1cludedinother tClllder .itel1ls.
.<~ORATIVE LUMINAlIUlS ANltBRACDT ~'~,.ITIMNO.lO
Reference:
OPS8 601, 617, and Contract D,.wings.
AmeQdmeut to OPSS 617 dated September 19l14
617,07.10
QUauty Control
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$P6CIAl;.PRQVlSIONS .. TlNDERlTEMS
CON'11lACT NO. CUOCti d
17.
~io~ 617.07.10 is deleJed in ita entirety~~withtltef~:
~OIl1'estiqlllld.~:
_~r shall ~t and confirm ~tiIe~, ~, SOcket'setting, refractor type
an4 'ba!Jasttype meet tile requiretneJlt$ of tbeCOBbaCt.
, ,hoof of PerIormaIu:e TestiJa&lIIld 'r'~l
The Contractor shall inapectand tellt .u of ~""~IiI...ltes to ensm-elbatthey: meet1he ~ of
",contract. In partj~, and withOutl~'tb,.f()fegoing, tile COntractor .stlllH ~ that all
· ...)". iDstal>led in, l~i!hiil'$S. ,!lave a miJ:!1""lJ!l.~.in. ptQldof 100 COIUinuOl.l&boufs prior~
.~4IplUCe of the worIc by'" Contract .Admiqj~...
~'- ,.',,", - -', ' -' - , - - . - - - - -', - '"
ThtCOIUractor shall perform .n tests required 011 _ wiring s)'Stem, ~lb 0Pss 604.
, 81.09
Pt{1I1SUl~FOl' Paplf 1111
SCctiol1, .' . '.. ,,417.09 is deleted aDd ~ with ~,foIIowing:
. " c- ..,' '" ,
Where the ponttact iool~tender itemS using the~iduaI I_~. measurement of tile number
ofi!uninaires is by Plan Quantity as may be rllVil!edby Adjusted P1an~. The unit of
,~is each.
617.10.02
IndiYid1IIIlteal Medl9d
Sll~ 617.10.02 is reviaed ,ill that the fir$t,~ is deleted_ replacedWitb'~folIowing:
.~ at the contract ~ for the tender item"~ve Roadway r..illg an4Bnlcket
Assemblies' shall be full compensation'for all JaIloprjcquipment an4D11!teria1s teqllil'ed for the
i~ I1Rly of the decorative kmIjnalres \Vbichllave been'p~' by the Mwpoipalityof
CIaringlOn.,Payment will alsolur;lwle transp(>rtad.onof the lumu"ires l'l'Omthe Municipaijty of
Clarington's Hampton Yard 011 Taunton Roadto"~~tionsite.The,CoIUractor will contact a
tqlreSentative of the Municiplility of CIaringtoD.to~ for pidi;qpof the decorative 1u1ninaires.
,'C/Mi#gtrm Representative:
]::(905) 263-22'2
Mr. Pbil Ilrrxmu
-
P.yment shall also .inclwle the installation of lamps, riser wires and ~ns,Juminaire ground wire
andoonnections, fuse holdefl! and fuses, luminaries. ~ssories, adjus!menl and all testing required.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-12
STANDARD DRAWINGS
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STANDARD NO.
OPSD - 561.010
2000.010
2001.010
2001.020
200 1. 030
2001.080
2001.090
2101.01
2103.02(MOD.)
2103.05
2112.02(MOD.)
2117.02
2118.02
2123.03
2255.020(MOD.)
C-104
C-113
C-302
C-307
Ll
Prl921.4fSpecl/cl2004-12ISWldDraw.doc
PAGE ONE
STANDARD DRAWINGS
CONTRACT NO. CL2004-12
DESCRIPTION
INTERLOCKING CONCRETE PAVERS ON GRANULAR BASE
ELECTRICAL ABBREVIATIONS AND SYMBOLS
ELECTRICAL LEGEND I
ELECTRICAL LEGEND II
ELECTRICAL LEGEND III
ELECTRICAL LEGEND VIII
ELECTRICAL LEGEND IX
DUCT INSTALLATION IN TRENCHES
DUCT INSTALLATION PROFILES
DUCT INSTALLATION AT UTILITY CROSSINGS
ELECTRICALHANDHOLEPRECASTCONCRETE
ELECTRICAL HANDHOLES
ELECTRICAL CHAMBER INSTALLATION IN SLOPE
ELECTRICAL HANDHOLES ENTRY OF DIRECT BURIED AND
ENCASED DUCTS
POLE WIRING DIAGRAM
SINGLE CA TCHBASIN
ROUND MANHOLE FRAME AND COVER
STANDARD CURB AND GUTTER
STANDARD CONCRETE SIDEWALK
CONTINUOUS PLANTING BED DETAIL
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AFG
AC
AWG
AMB
BFG
BGRD
BLK
BLU
CCT
CE CODE
CMS
CCTV
COMM
C/W
COND
CaNT
CDT
CSA
CTMS
DB
DC
EC
EMI
EQPT
ELV
Fa
FTMS
GRN
GRD
AI
A
Cu
F
H
Hz
ABBREVIATIONS
Above Finish Grode
Alternating Current
American Wire Gauge
Amber
Below Finish Grade
Bare Ground
Black
Blue
Circuit
Canadian Electrical Code
Changeable Message Sign
Closed Circuit Television
Communication
Complete With
Conductor
Control
Conduit
Canadian Standards Association
Corridor Traffic Management System
Direct Buried
Direct Current
Electrical Chamber
Electromagnetic Interference
Equipment
Extra Low Voltage
Fibre Optic
Freeway Traffic Management
System
Green
Ground
SYMBOLS
Aluminum
Ampere
Copper
Farad
Henry
Hertz
HH
HV
HEC
IGRD
IMPD
IND
ITS
JB
LCS
LV
MH
NEUT
NIC
OESC
PCS
PUC
PXO
RF
RFI
RMS
TS
XFMR
UPC
VDS
WHT
YEL
f1
PVC
V
VA
W
Wh
ONTARIO PROVINCIAL STANDARD DRAWING
ELECTRICAL
ABBREVIATIONS AND SYMBOLS
Electrical Handhale
High Voltoge
Hydro Electric Commission
Insuloted Ground (green)
Impedance
Inductance
Intelligent T ransportotion Systems
Junction Box
Lone Control Sign
Low Voltoge
Electricol Maintenance Hole
Neutral
Not Included In Contract
Ontario Electrical Safety Code
Permanent Counting Station
Public Utilities Commission
Pedestrian Crossover
Radio Frequency
Radio Frequency Interference
Ramp Metering Station
Traffic Signol
Transformer
Underpavement Crossing
Vehicle Detector Station
White
Yellow
Ohm
Polyvinyl Chloride
Volt
Volt Ampere
Watt
Watt Hour
1996 09 15 I Rev I
@)
Dote
OPSD
2000.010
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DUCTS AND CABLES
---------
Exp
................"...
IIIIII1III11
~
\ I
V
===
1:/
~
HCA HCA
-BCA-BCA-
~LCU~LCU~
-#- LCA -/I- LCA-#-
\
Ducts and/or Cables, Underground
Ducts and/or Cables, Surfoce Mounted
Ducts and/or Cables Embedded. "Exp" Indicates
Expansion Joint
Cables, Installed in Existing Ducts
Cables, Aerial
Cables. in Pavement Slat
Ducts and/or Cables, Future by Others
Underpavement Crossing Identification Code. Note 1
Reference Point with Identification Code. Note 1
Duct Stub with Plug, Note 1
Existing Cables ond/or Ducts to Remain in Place
Existing Cables and/or Ducts to be Removed
Existing Cables and/or Ducts to be Abandoned
Identification Codes Far Existing Duct or Cable Usage:
IDENTIFICATION CODES, Nate 2
BCU Bell Cable, Underground
CCA Communications Cable. Aerial
DC Extra Low Voltage Detector Cable
GC Guy Cable
HC Hydro Cable
LC lighting Coble
PC Power Cable
TS Traffic Signal Cable
TV Television Cable
NOTES:
1 The duct symbol shown is for illustration only. other duct ond/or cable
symbols may be used.
2 Add suffix U for Underground or suffix A for Aerial.
ONTARIO PROVINCIAL STANDARD DRAWING
1996 09 151Rev I
Date
ELECTRICAL LEGEND I
~
OPSD
2001.010
MANHOLES. JUNCTION BOXES
[Q] I MH32 I
o I JB36 I
@ I HH21 I
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Electrical Maintenance hole with Identification Code
Junction 80x, Embedded or Surface Mounted with
Identification Code
Electrical Hondhole, Underground with Identification Code
PADS AND FOOTINGS
rn I CP33 I Concrete Pod with Identification Code
@ I F43 I Footing in Earth or Rock with Identification Code
.ill.. I F44 I Footing on Structure with Identification Code
. I SF3 I Sign Footing with Identification Code
POLES
. I P24 I
o I EP32 I
LS
LS
Ji9: I R33 I
Pole with Identification Code
Existing Pole to Remain with Identification Code
Identification Codes for Existing Pole Usage:
A Authority Owned Pole
8 Bell Pole
C Communications Pole
GP Guy Pole
H Hydro Pole
HM High Most Lighting Pole
LS Lighting Pole
TS Traffic Signal Pole
TV Television Pole
Existing Pole to be Removed with Identification Code
ONTARIO PROVINCIAL STANDARD DRAWING
1996 09 15 Rev
(j)
ELECTRICAL LEGEND II
Dote
OPSD
2001,020
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LUMINAIRES
o
d
<J
D
Luminoire
Luminoire with Shield
Floodlighting Luminoire
Underpass or Surface Mounted Luminoire
o
Luminoire. Number Shown Indicates Luminoire
Location on High Most Ring with Respect to
Pole Hondhole. Note 1
--0
--Q9
-*181
Luminaire with Bracket. Note 1
Existing Luminoire to be Removed. Bracket to Remoin. Note 1
Existing Luminoire ond Bracket to be Removed. Note 1
---{)F
Future Luminoire and Bracket. Note 1
I L18 I
Luminaire Identification Code
POWER SUPPLY
lIJ
ill
Power Supply Equipment
Transformer
6)
Generator
[m:J
Power Supply Equipment. Pad and/or Footing Mounted, Note 2
SUPPLY 'A'
120/240V, 10 3W
Power Supply Equipment Identification Code
Other applicable description may be used for
transformer. generotor, etc..
~
Photoelectric Controller
NOTES:
1 Luminaire symbol shown is for illustration only, other lumina ire
symbols moy be used.
2 Power supply equipment symbol shown is for illustrotion only,
other equipment symbols such os generotor, transformer, etc.,
moy be used.
ONTARIO PROVINCIAL STANDARD DRAWING
~9:6_ ~9_ ~5 :~e_"I_ (i)
Dote _ _ _ _ ..
ELECTRICAL LEGEND III
OPSD
2001.030
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MISCELLANEOUS
-P
Grou nd Electrode( s)
"
/
Coble Protection Bricks. Concrete Cop. or Morker Tope
in Trench
Identificotion Code for Removol Equipment
I R12 I
WIRING DIAGRAMS
o
Conductors, Single or Multiple. Identified by Note
Indicotes Cobles to be Installed in the Some Duct
Indicates Spore Duct for Future Use
2-19 C 14 TS-75mm
~- - T I
Wiring Identification Note
Duct Size, Aeriol. or Direct Buried
Type of Coble:
TS - Traffic Signal
HV - High Voltage
LV - Low Voltage
ELV - Extra Low Voltage
CONT - Control
BGRD - Bore Ground
IGRD - Insulated Ground (Green)
CSA designations, may also be used
AWG Size of Conductor
Number of Conductors in Coble;
Not Required for Single Conductor
Number of Cobles
4
---
In-Line Coble Splice; Number Denotes Number of Cobles
-eL3
Top Coble Splice; Number Denotes Number of Cables
I "I OR / '\
L-.J "/
Wiring Enclosure. Manhole. Junction Box. etc.,
Identification Code Matches Layout Drawings
DORO
Equipment Item; Identification Code Matches
Layout Drawings
ONTARIO PROVINCIAL STANDARD DRAWING
1996 09 151Revl
~
ELECTRICAL LEGEND VIII
Dote
OPSD
2001.080
cc: V N
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Hondhole frame
Ground lug to be
attached to metal
frame mounting bolt
Note 2
r255i
r255i
Finished grade
Ground lug welded
to metal cover
Note :3
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and foundation
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NOTES:
1 For duct entry details see MTOO-2123.03.
2 For hand holes with metal frames, ground wire shall be attached to frame
using a ground lug suitable for No.6 AWG stranded copper wire.
3 For handholes with metal covers and non metallic frames, the ground wire
shall be attached to the handhole cover using a ground lug suitable for
No.6 AWG copper wire.
4 Concrete collar is not required
a) for concrete electrical handhole
b) for handhole installed in concrete pavement or sidewalk
A For specific handhole details see OPSO's 2112.01, 2112.02, 2112.05, 2113.01, 2113.02
2114.01,2115.01, and MTOO's 2112.030, 2112.040.
B All dimensions are in millimetres unless otherwise shown.
MINISTRY OF TRANSPORTATION ONTARIO DRAWING
March 2001 Rev 3
ELECTRICAL HANDHOLES
GENERAL INSTAllATION REQUIREMENTS
MTOD
2117.02
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R= 1.8m
Limit of
locol grading
TYPICAL PLAN
Offset from control point
Note 1
CL Chamber
Local grading
Roadway
Shoulder
CHAMBER IN CUT
Offset from control point
Note 1
Roadway
Shoulder
Burial depth
Note 1
CHAMBER IN FILL
NOTES:
1 For offset and burial depth, see contract
drawings.
2 Burial depth sholl be measured from the
highest grade elevation at chamber frame
and cover.
A All dimensions ore in millimetres or metres
unless otherwise shown,
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--
""
Date
ONTARIO PROVINCIAL STANDARD DRAWING
ELECTRICAL CHAMBER
INSTAllATION IN SLOPE
Dote
OPSD
2118.02
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# 12 AWG stranded copper
ground wire to luminaire(s)
#12 AWG stranded copper
ground wire to receptacle(s)
Pole Handhole
--
Compression connectors.
copper to copper with
insulating covers
Ground stud
Low voltage f
cables for 1:
receptacle(s)
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luminaire(s)
#12 AWG low voltage
riser wires for
receptacle(s)
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riser wires for
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\ \
bbtoOD
Line
Line
Neutral
Line
Line
Neutral
\..0
#6 AWG bare stranded
copper ground wire
Cable to cable ground
connection
ONTARIO PROVINCIAL STANDARD DRAWING
POLE WIRING DIAGRAM
120/240V SYSTEM
~Cable to ground
./ electrode connection
IF--Ground electrode located
~ as ond,cate on lighting
layout drawings
1996 09 15 Rev
~
Date
OPSD 2255.020
MODIFIED
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115
i==1l-n,
~
CATCH BASIN
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.- "'. 100mm PERFORATED
SUBORAlN . ".
.\
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200mm sauD
WAll.. PVC PIPE
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..!:;:!:;:!::...::!:!:!:k!:;:!:;:;:!:!.!:!:;:;:~~
SECTION A-A
75mm Of 19mm CRUStIER RUN
Ut.lESlllNE (CO....ACtED)
SECTION B-B
B
. .
A
A
. .
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NOTES
1 All precast components to be from approved suppliers.
2 Compacted sand backfill within 0.3m of catch basin.
3 Refer to C-109 and C-305 for additional details.
4 Invert of sub-drain and the obvert of catch basin lead are to be level.
5 Uft holes to be completley filled with mortar before backfilling.
B
PLAN
All dimensions 0'" In mllllme.r.. unl... otherwl.. noted.
Clarin ton
En
Sennces De arbnent
...-..""
RNSION ~m
SINGLE CATCH BASIN
C-l04
....
APRIL 2004
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FRAME PLAN
4.5mm MAX.
ClEARANCE
51
676
633
62'
578
57.
667
900
II
SECTION A-A
"STORM"
YEAR OF
CONSTRUCTION
COVER PLAN
11
16-11- 27
613
SECTION B-B
I r
I=F
NOTES
1 Allowable tolerance for dimensions of 300mm or less is :!: 3mm.
2 Allowable tolerance for dimensions greater than 300mm and up to 900mm is :!: 6mm.
3 The nome of the manufacturer is to be distinctly cost in raised letters.
4 The designation "STORM" and year of construction ore to be distinctly cost in raised letters.
All dimensions are In mllllm.t.... unl... otherwl.. not.d.
Clarin ton
En
-.-NO.
-.- ....
Sennces De arbnent
ROUND MANHOLE
FRAME AND COVER
....
_ 2<10<
C-113
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, .
DRIVEWAY DEPRESSION
25
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:.,. ~-
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"",4
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(SEE NOTE 4
STANDARD CURB AND GUTTER
0-2
DRIVEWAY DEPRESSION
'-..~..:'
. ".-. .....
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.- "..
BARRIER CURB
NOTES
1 Concrete sholl conform to OPSS specifications (30M Po, 7::l; :!: 1.5::l; air).
2 Contraction joints every 3.0m (maximum). Saw-cuts to be 25::l; of total depth.
3 Curing compound is to be sprayed on within one hour of finishing.
4 Additional width required where curb is adjacent to sidewalk.
All dlmenllon. are In mllllme1ns unl... otherwl.. noted.
En
Sennces De ~ent
""""NO.
........"""
..........
STANDARD CURB AND GUTTER
C-302
.......... ....
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CONCRETE
INFll
DEPRESSED CURB
"
t:lQlli
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IpROPERT' ~
Ii4AXtt.CUIrA SPACING Of 30m BETWEEN EXPANSION =\-
JOINTS MID WHERE SlDEWALK ABUTS IN( RIGID
STR\JC1\JRE
- -
1.5
1.8
CONTRAC11ON JOtNlS (TYP.)
1.5
0.15
2l<
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.
. ......
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30mm
150mm AT DRIVEWAYS
COI.IPN:1tD NATIVE MATERIAl
(SEE NOlES 1 AND 2)
1 Use 100mm compocted granular 'A' if native material is deemed unacceptable by the
2 Subgrade material ta be well compacted, then dampened immediately prior to pouring
3 Concrete shall conform to OPSS specificotions (30MPa, 770 :1:1.570 oir).
4 Curing compound to be sprayed on sidewalk within 1 hour of finishing.
5 Expansion joints to be be placed full depth of sidewalk.
6 Contraction joints to be 2570 of full depth of sidewalk.
7 Surface of sidewalk to have 0 broom finish.
All dlmen.lon. are In met".. unl... otherwl.. not.d.
Clarin on
-
.........,
-. 2004
Sernces De ~ent
_NO.
.........,...,..
STANDARD CONCRETE
SIDEWALK
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C-307
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ONTARIO PROVINCIAL STANDARDS
FOR
ROADS AND PUBLIC WORKS
GENERAL CONDITIONS OF CONTRACT
SEPTEMBER 1999
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,.
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 Singular References............................................................................ 1
GC 1.04 Definitions .................................................................................................. .............. 1
GC 1.05 Substantial Performance ......................................................................................... 5
GC 1.06 Completion...............................................................................................................6
GC 1.07 Final Acceplance.....................................................................................................6
GC 1.08 Interpretation of Certain Words ............................................................................... 6
SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01 Reliance on Contract Documents............................................................................ 7
GC 2.02 Order of Precedence ............................................................................................... 7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01 Contract Administrator's Authority ........................................................................... 8
GC 3.02 Working Drawings ................................................................................................;.. 9
GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment ................. 9
GC 3.04 Emergency Situations............................................................................................ 10
GC 3.05 t.ayout....................................................................................................................10
GC 3.06 Working Area......................................................................................................... 10
GC 3.07 Extension of Contract TlI11e ................................,.................................................. 10
GC 3.08 Delays.................................................................................................................... 11
GC 3.09 Assignment of Contract ......................................................................................... 11
GC 3.10 Subcontracting by the eontractor.......................................................................... 11
GC 3.11 Changes ................................................................................................................ 12
GC 3.11.01 Changes in the Work............................................................................................. 12
GC 3.11.02 Extra Work............................................................................................................. 12
OPS _ Cond_ of eonnct- 8eplambellllllll
T_ of ConIIfIls-1
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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......................................................u............................... 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 Payment....................~........................................................................................... 14
GC 3.14.07 Rights of Both Parties............................................................................................ 15
GC 3.15 Engineering Arbib..tiu'l........................................................................................... 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 RESPONSIBILITIES AND RIGHTS
GC 4.01 Working Area......................................................................................................... 17
GC 4.02 Approvals and Permits .......................................................................................... 17
GC 4.03 Management and Disposition of Materials ............................................................ 17
GC 4.04 Construction Affecting Railway Property .............:..............................................:.. 18
GC 4.05 Default by the COntractor...............................................u...................................... 18
GC 4.06 Notification of Default ......u.................................................................................... 18
GC 4.07 Contractor's Right to Correct a Defaull................................................................. 18
GC 4.08 OWner's Right to Correct Default........................................................................... 18
GC 4.09 Termination of Contractor's Right to Continue the Work....................................... 18
T_ of ConI8nla - M
OPSo.n.r..COO-.._oI~.8.,:1I<1.....1_
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GC4.10
GC 4.11
GC 4.12
GC4.13
Final Payment to Contractor.................................................................................. 19
Tennination of the Contract................................................................................... 19
Continuation of Contractor's Obligations............................................................... 19
Use of Perfonnance Bond ..................................................................................... 19
SECTION GC 5.0. MATERIAL
GC 5.01
GC 5.02
GC 5.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05.02
Supply of Material..................................................................................................20
Quality of Material........................................................... ....................................... 20
Rejected Material...................................................................................................20
Substitutions ............ .............................................................................................. 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
Contracto~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 Work Prior to Completion........................................... 25
Payment for Loss or Damage..............................~................................................. 26
Contracto~s Equipment Insurance ........................................................................ 26
Insurance Requirements and Duration.................................................................. 26
Bonding.................................................................................................................. 27
SECTION GC 7.0 _ CONTRACTOR'S RESPONSIBIUTlES AND CONTROL OF THE WORK
GC 7.01
General.................................................................................................................. 28
Tobie oI~ .11
0P8 _ Condlllonl ofContr*l. ............, 1_
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
GC7.12
GC 7.13
GC7.14
GC7.15
,.
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 Permits ..........................................................................................31
Suspension of Work .............................................................................................. 32
Contractor's Right 10 Stop the Work or Terminate the Contract............................ 32
Notices by the Contractor .................:..................................................................., 32
Obstructions........................................................................................................... 33
Umitations of Operations....................................................................................... 33
Cleaning Up Before Acceptance ........................................................................... 33
Warranty ................................................................................................................ 33
SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
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 Performance............................................................... 37
Substantial Performance Payment and Substantial Performance 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 Contenta -Iv
0P8 Gena... 00.-... oJ Connc:I. ......,..... 1m
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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 ."...".m.m.""".."...""".."....""..""m....."""....""......,,".".........40
Payment on a Time and Material Basis.m"""".""""m...".....".".."m...".......""... 40
Definitions ."m"m. .m.""...""m"...." .".. "...." ."". .."" .m",'''''' ."m"" ."""". ..m ."..... 40
Daily Work Records."m.."".""".""."""."""m."""m""""....m..""."".."..",,..m'" 41
Payment for Work."...m....""".."......m.."."....""."""""".""".."...".m"..".m..'''''' 41
Payment for Labour ......."."..""m.."..""m".....""..""...m."""""..."".....""."..."." 42
Payment for Material ..."".."m....m.."."."m.."."""m"m"".."...."..."m..m.m..""... 42
Payment for Equipment."".."m..."..mm."m.....mm"""m".."".....".mm""."..,,",,. 42
Working Tme ""..."""m...m".."m"..."."m".mm"..".."m..".."."."...""",,....".""..42
Standby Time ..""...."...".".""......"."".....m".."."m....""........m.."..."..."..m.....". 42
Payment for Hand Tools..."".""".m................"...."."..m..............m."".m..."....... 43
Payment for Work by SubcontractolS".""mm.."".m..""""""..."..""m".."""....". 43
Submission of Invoices..."...........m...".."......"m...."."..........m........m......"".."....43
Final Acceptance cer1ilicatem"........m.....m................m.......................m.."......... 43
Payment of Workers .....m................".........................m.m................".........."......44
Records ............m....................................................................m......................"... 44
Taxes and Dutiesm.....................................m..........m.........m...............................44
. Liquidated Damages...................."................m...m.....,....."..............m.................45
Tlbleof~-.
OPS Gene,.1 Cond_ ofConbKl. ~ 1_
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Ontario Provincial Standards
for
Roads and PubDc Works
September 1999
GENERAL CONDITIONS OF CONTRACT
GC 1.01
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, fimit 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
"MSHTO"
"ANSI"
"ASTM"
"AWG"
"AWWA"
"CESA"
"CGSB"
"CSA"
"CWB"
"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 Unifonn Traffic Control Devices, published by MTO
Ontario Provincial Standard
Ontario Provincial Standard Drawing
Ontario Provincial Standard Specification
Professional Engineers Ontario
Society of AulOI1l()!ive Engineers
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 requires.
GC 1.04
Definitions
.01 For the purposes of this Contract the following definitions apply:
Actual Measurement: means the field measurement of that quantity within the approved limits of the
Work.
Pege 1
0P8 0eneraI Cond_ d~. s.....-1.
,.
Additional Work: means work not provided for in the Contract and not considered by the Contract
Adminisb'ator to be essential to the satisfactory completion of the Contract within its intended scope.
Base: means a layer of material of specified type and thickness placed immediately below the pavement,
driving surface. finished grade, curb and gutter, or sidewalk.
Certificate of Subcontract Completion: means the certificate issued by the Contract Administrator in
accordance with clause GC 8.02.03.02, Certification of Subcontract Completion.
-,
Certificate of Substantial Perfonnance: means the certificate issued by the Contract Administrator at
Substantial Performance.
Change Directive: means any written instruction signed by the Owner, or by the Contract Administrator
where,so authorized, directing that a Change in the WCllk or Extra WCllk be perfOI"led.
,:~
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 tbe character of the Work to be done or materials of the Work or part thereof,
.withln!the intended scope of the Contract
Change Order: means a written amendment to tbe 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 Adminisb'ator at completion.
Constructor: means, for the purposes of, and within tbe meaning of the Occupational Health and Safety
Act, RS.O. 1990, c.O.1, as amended and amendments thereto, the Contractor who executes the Contract
Contract: means the undertaking by the Owner and the Contractor to perfonn their respective duties,
responsibilities and obligations as prescribed in the Contract Documents.
Contract Administrator: means the person, partnership or corporation designated by the Owner to be
the Owner's representative for the purposes of the Contract
Contract Documents: mean the executed Agreement between the Owner and the Contractor, the
Tender, the General Conditions of Contract, the Supplemental General Conditions of Contract, Standard
Specifications, Special Provisions, Contract Drawings, addenda incorporated in a Contract Document
before the execution of the Agreement, such other documents as may be listed In the Agreement and
subsequent amendments to the Contract Documents made pursuant to the provisions of the Agreement
Contract Drawings: or Contract Plans: mean drawings or plans, any Geotechnical Report, any
Subsurface Report and other reports and information provided by the Owner for the Work, and without
limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel
schedules, aggregate sources fists, Quantity Sheets, cross-sections and standard drawings.
Contract Time: means the time stipulated in the Contract Documents for Substantial Performance of the
Work, including any extension of Contract Time made pursuant to the Contract Documents.
Contractor: means the person, partnership or corporation undertaking the Work as identified in the
Agreement
Controlling Opel'lltlon: means any component of the Work, which, if delayed, will delay the completion of
the Work.
P_2
OPS _ ea._II 01 CtlnIrKt- Sl....,.bef 1889
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Cost Plus: See"T1ll1e and Materiaf'.
Cut-Off Date: means the date up to which payment will be made for work performed.
Dally Work Records: mean daily Records detailing the number and categories of workers and hours
worked or on standby; types and quantities of Equipment and number of hours in use or on standby; and
description and quantities of Material utilized.
Day: means a calendar day.
Drawings: or Plans: mean any Contract Drawings or Contract Plans or any Working Drawings or
Working Plans, or any reproductions of drawings or plans pertaining to the Work.
Equipment: means all machinery and equipment used for preparing, fabricating, conveying or erecting
the Work and normally referred to as construction machinery and'equipmenl
Estimate: means a calculab'bn of the qLiantity or'tosfof-theWOlI<-or<pa:rt'Of itii:tepending on the context.
Extra Work: means work not provided for in the Contract as awarded but considered' by the Contract
Administrator to be essential to the -satisfactory completion of the 'Contract- within Its intended scope,
including unanticipated work required to comply with legislation and regulations which affect the Work.
Final Acceptance Certificate: means the certificate issued by the Contract Administrator at Final
Acceplance of the Work.
" Final Detailed Statement: means a complete evaluation prepared by the Contract Administrator showing
the quantities, unit prices and final dollar amounts of all items of work completed under the Contract.
including variations in tender items and Extra Work, all as set out in the same general form as the monthly
estimates.
Force Account: See"Tlme and Materiar.
Geotechnical Report: means a report or other information identifying soil, rock and ground water
. condltions'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 orimplementsof.the trade and include small
power tools.
Highway: means a common and public highway any part of which is intended for or used by the general
public for the passage of vehicles and includes the area between the lateral property lines thereof.
Lump Sum Item: means a tender item indicating a portion of the Work for which payment will be made at
a single tendered price. Payment is' not based on a measured quantity; although a quantity may be given
In the Contract Documents.
Major Item: means any tender item that has a value, calculated on the basis of Its actual or estimated
tender quantity, whichever is the larger, multiplied by Its tender unit price, which is equal or greater than
the lesser of,
a) $100,000, or
b) 5% of the total tender value calculated on the basis of the total of all the estimated tender
quantities and the tender unit prices.
Material: means material, machinery, equipment and fixtures forming part of the Work.
OPS 0enetaI CondIlIonI 01 ~. s...--1-
P1oge3
,.
Owner: means the party to the Contract for whom the Work is being perfonned. as identified in the
Agreement, and includes, with the same meaning and import, "Authority".
".' .
Pavement: means a wearing course or courses placed on the Roadway and consisting of asphaltic
concrete, hydraulic cement concrete - Portland cement concrete, or plant or road mixed mulch.
Perfonnance Bond: means the type of security furnished to the Owner to guarantee completion of the
Work in accordance with the Contract and to the extent provided in the bond.
Plan Quantity: means that quantity as computed from within the boundary lines of the Work as shown in
the Contract Documents.
Project: means the construction of the Work as contemplated by this Contract.
Quantity Sheet: means a list of the quantities of Work to be done.
Rate"?f, Interest: means the rate detennined by the Minister of Rnance of Onlarioand issued by, and
availall!e from, the Owner.
.-.,;/..~_.
Records: mean any books, payrolls, accounts or other infonnation which relate to the Work or any
Change in the Work or claims arising therefrom.
Roadway: means thai part of the Highway designed or intended for use by vehicular traffic and includes
the Shoulders.
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.}. -.
Shoulder: means that portion of the Roadway between the edge of the wearing surface and the top
inside edge of the ditch or fill slope.
Special Provisions: mean special directions containing requirements peculiar to the Work.
Standard Specification: means a standard practice required and stipulated by the Owner, for
perfonnance 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 infonnation 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 represenlative in responsible charge of the Work.
Surety: means the person, partnership or corporation. other than the Contractor, licensed in Onlario to
transact business under the Insurance Act, RS.O. 1990, cJ.8, as amended, executing a bond provided by
the Contractor.
Tender:' means an offer in writing from the Contractor, submitted in the fonnat prescribed by the Owner,
to complete the Work.
Time and Material: means costs calculated according to clause GC 8.02.04, Payment on a Time and
Material Basis. Where "Cost Plus" and "Force Accounf' are used they shall have the same meaning.
"-4
OPS General eo._. ttI Connct - 8lplln_ ,lIlI9
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UtIlity: means an aboveground or underground facility maintained by a municipaUty, public utility authority
or regulated authority and includes services such as sanitary sewer, storm sewer, water, eleclric. gas. oil.
steam, data transmission, telephone and cable television.
Warranty Period: means the period of 12 months from the date of Substantial Perfonnance or such
longer period as may be specified for certain Materials or some or all of the Work. Where a date of
Substantial Performance is not estabUshed, the Warranty Period shall commence on the date of
Completion.
Work: means the total construction and related services required by the Contract Documents.
Working Area: means all the lands and 'easements owned or acquired by the OWner for the'construction
of the Work.
Working Day: means any Day,
a) except Saturdays, Sundays and statutory holidays;
. b) .' except a'osy'astletEllli'lli'ledbY-the'Contriiet'Administralor;.on'Which'tbecContractorisprevented by
.. inclement weather or conditions resulting immedialelytherefrom;from proceeding 'witl'l'8" Controlling
-Operation. For the purposes of this definition, this will be a Day during whiclr the Contractor cannot
proceed with at least 60% of the nonnallabour and equipment forceeffeclively engaged on the
Controlling Operation for at least 5 hours;
c) except a Day on which the Contractor Is prevented from proceeding with a Controlling Operation, as
detennlned 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. orKIelivery 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 Wortclng Plans: ' means any Drawings or Plans prepared by the Contractor for the
execution of the Work and may, without Umiting the generarrty thereof, include falsework plans, Roadway
protection plans, shop drawings, shop plans or erection diagrams.
GC 1.05
Substantial Perfonnance
.01 The Work Is substantially perfolmed,
a) when the Work to be performed under the Contract or a substantial pari. thereof Is ready for use
or Is being used for the purpose intended; and
b) when the Work to be performed under the Contract iscapab\e"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 thereof Is ready for use or is
being used for the purposes intended and the remainder of the Work cannot be completed
expeditiously for reasons beyond the control of the Contractor or, where the OWner and the
Contractor agree not to complete the Work expeditiously, the price of the services or materials
remaining to be supprled and required to complete the Work shall be deducted from the Contract
price in determining Substantial Performance.
0P8 0erw8l Cond_ cfCanlracl'~ 1_
"-5
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GC 1.06
Completion
.01 The Wor1< shall be deemed to be completed and services or Materials shall be deemed to be last
supplied to the Work when the price of completion, correction of a known defect or last supply is not
more th!ln the lesser of,
al 1 % of the Contract price; or
b) $1,000.
GC 1.07
Final Acceptance
.01 Final Acceptance shall be deemed to occur when the Contract Administrator is satisfied that, to the
best of the Contract Administrator's knowledge at that time, the Contractor has rectified all Imperfect
work and has discharged all of the Contrac:lOr's obligations under the Contract.
GC 1.08
Interpretation of Certain Words
.01 ._J}1e words "acceptable", "approval", "authorized", "considered necessary", "directed", "required",
,-:~::'satisfactory', or WOlds of Uke import, shall mean approval of, directed, required, considered
. . necessary or authorized by and acceptable or satisfactory to the Contract Administrator unless the
context clearly indicates otherwise.
"-6
0P8 0en0nI eo._.. 01 Conlr8Cl. Sell_1M
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SECTION GC 2.0 . CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner wanants that the infonnation furnished in the Contract Documents can be relied upon with
the following fimilations 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 wanant interpretations of data or opinions expressed in any SUbsurface
Report available for the perusal of the Contractor and excluded from the Contract Documents; and
c) Other information specifically excluded from this wananty.
GC 2.02
Order of Precedence
.01 In the event of any inconsistency or conflict in the contents of the folloWing documents, such
documents shall take precedence and govern in tile following onler:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Tender
g) Supplemental General Conditions
h) General Conditions
l) Working Drawings
Later dates shall govern within each of the above categories of documents.
.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the
following rules shall apply:
a) Dimensions shown in figures on a'Drawing shall govern where they differ from dimensions scaled
from the same drawing;
b) Drawings of larger scale shall govern over those of smaller scale;
c) Detailed Drawings shall govern over general Drawings; and
d) Drawings of a later date shall govern over those of an earlier date In the same series.
.03 In the event of any conflict in the contents of Standard Specifications the following order of
precedence shall govern:
a) Ontario Provincial Standard Specifications; then
b) Other Standard Specifications, such as those produced by CSA, CGSS, ASTM and ANSI. and
referenced in the Ontario Provincial Standard Specifications.
.04 The Contract Documents are complementary, and what is required by anyone shall be as binding as
If required by all. -'
OPSo.-l Cond_f1IConncl.f.. l' ,_,_
"-7
GC 3.01
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
Contract Administrator's Authority
.01 The Contract Administrator will be the Owne(s representative during oonSlJuction and until the
issuance of the Completion Certificate or the Issuance of the Final Acceptance Certificate whichever
is later. All instructions to the Contractor Including instructions from the Owner will be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the performance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its confonnity with the plans and specifications,
agd 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
,!I4lJmp sum price 'Nub....t
.04 j;le 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 wiD with reasonable promptness review and take appropriate action upon
the Contractor's submissions such as shop drawings, product data, and samples in accordance with
the Contract Documents.
.06 The Contract Administrator will investigate all allegations of a change In the character of the Work
made by the Contractor and Issue appropriate Inslructions.
.07 The Contract Administrator will prepare Change Directives and Change Orders.
.08
Upon written application by the Contractor, the Contract Administrator and the Contractor will joinUy
conduct an Inspection of the Work to establish the date of Substantial Performance of the Work
, and/or the date of Completion of the WOlk.
.09
The Contract Administrator will be, in the first Instance, the Interpreter of the Contract Documents and
the judge of the performance thereunder by both parties to the Contract. Interpretations and
decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and in making these decisions the Contract Administrator will not show partiality to either party.
~. ~
The Contract Administrator will have the authority to reject part of the Work or Material which does
not confonn 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 prompUy from the Work by the Contractor and replaced or re-executed
prompUy in accordance with the Contract Documents at no additional cost to the Owner.
.10
.12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall
be made good, prompUy, at no additional cost to the Owner.
.13 If, in the opinion of the Contract Administrator, It Is not expedient to correct defective work or work not
performed in accordance with the Contract Documents, the Owner may deduct from monies
otherwise due to the Contractor the difference In value between the work as performed and that
called for by the Contract Admlnil!trator.
Pege 8
0P8 0enel8l eo.-... 011 ConIr8cl- I.plon.... 1m
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.14 Notwithstanding any inspections made by the eontracl Administrator or the issuance of any
certificates or the making of any payment by the Owner, the failure of the Contract Administrator to
reject any defective work or Material shall not constitUte acceptance of defectiVe work or Material.
.15 The Contract Administrator will have the authority to temporarily suspend the Work for such
reasonable time as may be necessary to faciUtate 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 Adn'Iinistrator with reasonable
promptness and in orderly sequence so as to.not cause delaY in theWork. '.lf~r 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.
M. the time of submission the Contractor shall notify the Contract Administrator in writing of any
deviations from the Contract requirements that exist in theWorking Drawings.
.03 The Contract Administrator will review and return Working Drawings in accordance with an agreed
upon schedule, or othelwise, with reasonable promptness so as not to cause delay.
.04 The Contract Administrator's review will be to cheCk for confonnily to the' design'concept and for
general arrangement only and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract
Documents unless a deviation on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Contractor shall make any changes in Working Drawings which the Contract Administrator may
require consistent with the Contract Documents and resubmit unless otherwise directed by the
Contract Administrator. When resubmitting, the Contractor shaUnotify the Contract Administrator in
writing 'of any revisions other than those requested by the Contract Administrator.
.06 Work related to the Working Drawings shall not proceed until the Working Drawings have been
signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission
to construct granted."
.07 The Contractor shall keep one set of the.revieWed Working Drawings, marked as above, at the site at
all times.
GC 3.03
Right of the Contract Administrator to Modify Methods and Equipment
.01 The Contractor shall, when requested in writing, make alterations'in the method, Equipment or work
force at any time the Contract Administrator considers the Contractol's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment
,02 The Contractor shall. when requested in writing, alter the sequence of its operations on the Contract
so as to avoid interference with work being performed by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
OPS GenlnI ~ 01 ~. s.,A>.,lber 1899
p_e
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GC 3.114
Emergency Situations
...
.01 The Conbact Administrator has the right to detennine the existence of an emergency situation, and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Conbactor'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 Conbact Administrator will provide baseline and benchmarK infomlation for !he generallocalion,
. _alignment and elevation of the Work. The Owner will be responsible only for the correctness of the
. ,,mtoimalion provided by the Contract Administrator. .
''jo:F.
GC 3.06 Working Area
,
", +-.~,
.01 The COnbactor's sheds, site oflioes, toilets, other temporary structures and storage areas for material
and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition
atalllimes.
.02 The Conbactor 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 addilional cost to the OWner.
.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the
Contractor has received prior written pennission from the property owner.
GC 3.07
Extension of Contract Time
.01 An application for an extension of Contract TIlTle shall be made in writing by the Contractor to the
Contract Administrator as soon as the need for such extension becomes evident and at least 15 Days
prior to the expiration of the Contract Time. The application for an extension of Contract Time shall
enumerate the reasons, and state the length of extension required.
.02 ,Circumstances suitable for consideration of an extension of Contract Time, indude the following:
a) Delays; See subsection GC 3.08.
b) Changes in the Work; See clause GC 3.11.01.
c). Extra Work; See clause GC 3.11.02.
d) Additional Work; See clause GC 3.11.03.
.03 The Conbact Administrator will, in considering an application for an extension to the Conbact Time,
take into account whether the delays, Changes in the Work, Extra Work or Additional WorK involve a
Controlling Operation.
.04 The Contract Time shall be extended for such additional time as may be recommended by the
Conbact Administrator and deemed fair and reasonable by the Owner.
.05 The tenns and conditions of the Conbact shall continue for such extension of Contract Time.
".. 10
OPS o.ner.l Cond_ 01 Conncl. ~,lber 1889
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GC 3.08
Delays
.01 If the Contractor is delayed in the performance of the Work by,
a) war, blockades, and civil commotions, eROrs in the Contract Documents; an act or omission of the
Owner or Contract Administrator, or anyone employed or engaged by them direcUy or indirectly,
contrary to the provisionS of the Contract Documents;
b) a stop work order issued by a court or public authority, provided that such order was not issued as
the result of an act or omission of the Contractor or anyone employed or engaged by the
Contractor direcUy or indirectly;
c) the' COntract 'Administrator giving notice under subsectiOn ,GC 7.09; Suspension of Work;
d) abnonnal inclement weather; or
e) 'archaeological finds in accordance with subsection GC 3.16,Archae<lIogical Finds,
then the Contractor shall be reimbursed by the Owner foueasonablecosts incuned by.the Contractor
as the result of such delay, provided that in the case of an application for an extension of Contract
Tu'ite 'due to abnormal inclement weather;' the' 'Contractor' shalt, with' the' Contractor's application,
submit evidence from Environment Canada irJ'.Supportof suclFapplication.'~ion of Contract
Tune will be granted in accordance with subsecli<ln GC3,07.. Extension of ,Contract Tune.
.02 If the Work is delayed by labour disputes,strikes orlock-outs-' including Iock-outs decreed or
recommended toils members by a ,recognized contractor's asS()CiAlion, of which, the Contractor is a
member or to which the Contractor is othelwiSe bound -which are beyond the Contractor's control,
then the 'Contract Tme shaD 'be' extended' in' accordance with 'subsection GC' 3,07; 'Extension of
Contract Time. In no case shall the extension of Contract Tune 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 nalbe entiUedlll payment for costs inClIned as the result of.such delays unless such .
delays are the result of actions by the Owner. '
GC 3.09
Assignment of Contract
.01 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of
the Owner.
GC3.10
Subcontracting by the Contractor
.01 The Contractor may subcOntraclany 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"theintention to subcontract. Such
notification shall identify the part of the Work; and the SUbcontr8ClOr with whom it is intended.
.03 The Contract Administrator will, within 10 Days of receipt of such notification; accept or reject the
intended Subcontractor. The rejection will be 'in writing' and will include the reasons for the rejection.
.04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor- who has
been engaged in accordance with subsection GC 3.10 Subcontracting by the Contractor.
.05 The Contractor shall preserve alid protect the rights of the parties under the Contract with respect to
that part of the Work III be perfonned under subcontract and shall,
a) enter into agreements with the intended SUbcontractors to require them to perfonntheir work in
accordance with the Contract Documents; and
b) be as fully responsible to the OWner for acts and omissions of the Contractor's Subcontractors and
of persons direcUy or Indirectly employed by them as for acts and omissions of persons directly
employed by the Contractor.
OPS ~ Condlllonl 01 Connct. ........ber 1881l
Pege 11
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.06 The Owner's consent to subcontracting by the Contractor shaD not be construed to relieve the
Contractor from any ob6gation 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 order in writing, make a
Change in the Wotk 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 ..TIJe Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3:07, Extension of Contract Tme.
.031f.the Changes in the Wotk relate solely to quantities, payment for that part of the Wotk will be made
..aCcording to the conditions specified in clause GC 8.01.02, Variations in Tender Quantities. If the
Changes in the Work do not solely relate to quantities, payment may be negotiated pursuant to
subsection GC 3.14, Claims, Negotiations, Mediation or payment may be made according to the
conditions contained In clause GC 8.02.04, Payment on a Tune and Material Basis.
.
GC~.11.o2
, Extra Work
.01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform
Extra Wotk without invalidating the Contract The Contractor shall not be required to proceed with the
Extra Work until in receipt of a Change Directive. Upon receipt of such Change Directive the
Contractor shall proceed with the Extra Work.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsec:lion GC
3.07, Extension of Contract Time.
.03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained In clause
GC 8.02.04, Payment on a Tme 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 Wotk without invalidating the Contract If the Contractor agrees to perform Additional
Wotk, the Contractor shall proceed with such Additional Wotk upon receipt of a Change Order.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3.07, Extension of Contract Tme.
.03 Payment for the Additional Wotk 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.
GC3.12
Notices
.01 Any notice permitted or required to be given to the Contract Administrator or the Superintendent in
respect of the Wotk shall be deemed to have been given to and received by the addressee on the
dale of delivery If delivered by hand or by facsimile transmission and on the fifth Day after the date of
mailing if sent by mall.
Pege 12
OPS o.r.- Coo-.. t1I eomr.ct. 8eplo_ 1l1l1l1
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.02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone
numbers and facsimile tenninal 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 noticepennitted or required to be given to the Owner or the Contractor shall be given in
, accordance with the notice provision of the Contract.
GC 3.13
, Use and Occupancy of the Work Prior to Substantial Perfonnance
, .01 'Where it is notcOntemplatede1sewhere in'the Contract Documents; the Owner may use or occupy
the Work or any part thereof prior to,Substanliat-Performance; provlded.thatat.least 30 Days' written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part thereof by1heOwner priortoSubstantial Perfonnance
shall not constitute an acceptance of the WorK or parts so' occupied. In "addition, the use or
occupancy of the Work shall not relieve the Contractor or the Contractol's SUrety from any liability
that has arisen, or may arise,fromthe perfonnanceoftheWorlCinaccordance,with'theContract
Documents. The Owner will be responsible for any damage that occurs because of the Owner's use
or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the
Owner's right 'to charge 'the Contractor-liquidate<! damages In accordance with thetenns of the
contract.
GC3.14
GC 3.14.01
Claims, Negotiations. Mediation
Continuance of the Work
.01 Unless the Contract has been tenninatedor 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; If is understo<ld by the parties that such ,action will not
jeopardize any claim It may have. .
GC 3.14.02
Record Keeping
.01 Immediately upon commencing work which may result in a claim, the Contractor shall keep Dally
Work Records during the course of the Work. sufficient to substantiate the Contractor's claim, and the
Contract Administrator will keep Dally WOrl(,Records'to'be used in-assessing1he Contractor's claim,
all in accordance with clause GC 8.02.07, Records.
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daily basis, to simplify review of the claim, when submitted.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the Contractor shall not be construed to be acceptance of the claim.
GC 3.14.03
Claims Procedure
.01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional
payment Immediately upon becoming aware of the situation.
.02 The Contractor shall provide written notice In the standard fonn "Notice of Intent to Claim" within 7
Days of the commencement of any part of the Work which may be affected by the situation.
OI'S _ c..._1O 01 Conbad. s..,Ao..,lbeIll1ll9
Page 13
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.03 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later
than 30 Days after completion of the work affected by the situation. The detailed claim shall:
a) Identify the item or items in respect of which the claim arises;
b) state the grounds. contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing
from th~ Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested infonnation
within 30 Days of receipt of such request.
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor.
in writing. of the Contract Administrator's opinion with regard to the validity of the claim.
i$iv .
GC 3A4.G4 Negotiations
,~., "
.01-Tiie parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and
agree to prov/de, without prejudice, open and timely disclosure of relevant facts, infonnation. and
documents to faclIitate these negotiations.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to
,.any part of tbe claim, the Contract Administrator shall enter into negotiations with the Contractor to
resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed
that payment cannot be made on a TIllle and Material basis in accordance with clause GC 8.02.04.
Payment on a Time and Material Basis. the parties shall proceed in accordance with clause GC
3.14.05. Mediation, or subsection GC 3.15. Engineering Arbitration.
GC 3.14.05
Mediation
.01 If a claim is not resolved satisfactorily through the negotiation stage noted in clause GC 3.14.04.
Negotiations. within a period of 30 Days following the opinion given in paragraph GC 3.14.03.05. and
, the Contractor wishes to pursue the issue further. tbe parties may, upon mutual agreement, utilize the
services of an independent third party mecflator.
.02 The mediator shall be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable reganling the area of the disputed issue. The mediator shan
~ with the parties together and separately. as necessary. to review all aspecls of the issue. In a
final attempt to assist the parties in resolving the issue themselves prior to proceeding to arbitration
the mediator shall provide. without prejudice. a non-binding recommendation for settlement
.04 The review by the mediator shall be completed within 90 Days following the opinion given in
paragraph GC 3.14.03.05.
.05 Each party is responsible for its own costs related to the use of the third party mediator process. The
cost of the third party mediator shall be equally shared by the Owner and Contractor.
GC 3.14.06
Payment
.01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or
dispute. Such payment will be made according to the tenns of Section GC 8.0. Measurement and
Payment
P_'4
OPS -... Coudlll.". 01 ConInd. ~.tber 11199
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GC 3.14.07
Rights of Both Parties
.01 It is agreed that no action taken under this subsection GC 3.14. Claims, Negotiations, Mediation, by
either party shall be 'construed as a renunciation or waiver of any of the rights or recourse available to
the parties, provided that the requirements set out in tbis subsection are fulfilled.
GC3.15
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 issUe5ha1l De 'communicated in writing
as soon as possible and 'no later than"60"Days'following-1he-opinion''9lVen in paragraph GC
3.14.03;05. Where the use of a third pai11mediator waslmpJemented:notificationshall be within 120
Days of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procecluresof the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to
,any arbitration conducted hereunder except to the extent that they are modified by tile express
provisions of this subsection GC 3.15, Engineering ArbItration.
GC3.15.02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right of appeal as exist where the arbitrator has exceeded 'his or her jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions in respect of the matters under arbltrationwill'be'stayed pending arbitration;
b) All outstanding claims and matters to be seWed are to be set out in a schedule to the agreement
Only such claims and matlers as are in the schedule will be arbitrated; and
c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are
set out in the schedule.
GC 3.15.03
Appointment of Arbitrator
.01 The arbitrator shall be mutually agreed uponby1he Ownerand Contractor:to-adjudicate the dispute.
.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbitration noted in paragraph GC 3.15.01.02. the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute
of Ontario I nc. which will select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitrator shall not be interested financially in the Contract nor In either party's business and shall
not be employed by either party.
.05 The arbitrator may appoint independent experts and any other persons to assist him or her.
OPS o.ner.t Cond_ 01 Connc:l- ........._ 1M
Page 16
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.06 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may
hear and consider any evidence which the arbitrator considers relevant
.07 The hearing will commence within 90 Days of the appointment of the arbitrator.
GC 3.15.04
Costs
.01 The arbitrator's fee shall be equally shared by the Owner and the Contractor.
.02' The fees of any independent experts and any other persons appointed to assist the arbitrator shall be
shared equally by the Owner and the Contractor.
.03 The arbitration hearing shall be held in a place mutually agreed upon by, both parties or in the event
the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate
facilities shall be shared equally by the Owner and the Contractor.
~~.".q..."
.04 ' The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.
GC 3.15.05
The Decision
,,-
.01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. AIl
extension of time to make a decision may be granted with consent of both parties. Payment shall be
made in accordance- with clause GC 3.14.06, Payment
GC3.16
Archaeological Finds
,,-;.-
.01 If the Contractor's operations expose any items which may indicate an archaeological find, such as
building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall
immediately notify the Contract Administrator and suspend operations within the area Identified by the
Contract Administrator. Notification may be verbal provided that such notice is confinned in writing
within 2 Days. Work shaM remain suspended within that area until olhelwise directed by the Contract
Administrator in writing, in 8ccordance with subsection GC 7.09, Suspension of Work.
.02 AIly delay in the completion of the Contract that is caused by such a suspension of Work will be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01.
- .03 AIly work directed or authorized in connection with an archaeological find will be considered as Extra
, ~ork in accordance with clause GC 3.11.02, Extra Work.
.)~~.:-
". .~--
,"-16
OPS Ge'*8l Cond_ at Connc:t. Blp.....b.' 1m
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SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01
Worklng Area
.01 The ONner 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 fonn part of the Contract Drawings.
GC4.02
Approvals and Pennlts
.01 The Owner will pay fOr all plumbing and building pennils.
.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 identify in the Contract Documents the materials to be moved within or removed from
theWolking Area, and any characteristics' of those materials which will necessitate special materials
management and disposition.
" "'-.02 ' Inacl:oli:lanceWith1'e!iulati<lnsunderthe OCcupational Healthand'Safe/yAct; R:S.0.-1990; c.0.1, as
amended, the Owner advises that
a) the designated substances silica, lead and arsenic are generally present throughout the Working
Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestos Is present in asbeslDs conduits fOr utilities;
cj'the 'following - hazardous. materials are, on:linarily present in conslnJction' activities:' limestone,
gypsum, marble, mica and Portland cement; and
d) exposure "to these' substances may .occur as -a result of aclivities by the Contractor such as
sweeping, grinding, crushing, drilling, blasting; cutting and abrasive blasting.
.03 The Owner will identify in the Contract Documents any designated substances or hazardous
materials other than those identified above and their location in the Working Area.
.04 If the Owner or Contractor discovers or, is advised ,-of ,the' preSence-of designated substances or
hazardous materials which are in addition to those listed In paragraph GC 4.03.02, or not clearly
identified in the'Contracl' Documentsacoording-1o ,paragraph,OO,4;03:03;1hen,verbal notice will be
provided to the other party immediately withwritlen confinnalionwithin2 Days. ,The Contractor will
stop work in the area -immediately and will detennine the necessary steps required to complete the
work in accordance with applicable legislation and regulation.
.05 The Owner will be responsible for any reasonable additional cOsts of removing, managing and
disposing of any material - not identified in the Contract Documents, or where conditions exist tbat
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
.06 Prior to commencement of the Work, the Owner will provide to the Contractor a list of those products
controlled under the Workplace Hazardous Materials Information System or WHMIS, which the
Owner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for
these products. All containers used In the application of products controlled under WHMIS shall be
labelled. The Owner wUl notify the Contractor In writing of changes III the ftst and provide relevant
Material Safety Data Sheets.
OP8GeneI'll~_of~.s."",_lm
P_17
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GC 4.04
Construction Affecting Railway Property
.01 The Owner will pay the costs of all flagging and other traffic control measures required and provided
by the railway company unless such costs are solely a function of the Contractor's chosen method of
completing the Work.
GC 4.05
Default by the Contractor
.01 The Contractor shall be in default of the Contract if,
a) the Contractor fails to commence the Work or execute the WOlk properly or otherwise fails to
comply with the requirements of the Contract to a substantial degree; or
b) if the Contractor is adjudged bankrupt or makes a general assignment for the benefit of creditors
because of insolvency or if a receiver is appointed because of insolvency.
GC.~ Notification of Default
,~;:<~.~.
.01.'Jite Owner will give written notice of a default to the Contractor as soon as the Owner becomes
aware of the alleged default but failure to give such notice in a timely way shall not constitute
condonation of the default The notice w1lf include instructions to correct the default within 5 Wol1<ing
Days.
GC 4.07
Contractor's Right to Comlct. Default
.01 The Contractor shaU have the right within the 5 full Worldng Days following the receipt of a notice of
default to correct the default and provide the Owner with satisfactory proof that appropriate corrective
measures have been taken.
.02 If the correction of the default cannot be completed within the 5 full Worldng 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 Worldng Days following receipt of the
notice;
b) provides the Owner with an acoeptable schedule for the progress of such correction; and
c) completes the correction in accordance with such schedule.
GC 4.08
0Wner's RIght to Correct Default
.01 If the Contractor faUs to correct the default within the time specified in subsection GC 4.07,
.j~pntractor's Right to Correct a Default, or sUbsequenUy agreed upon, the Owner, without prejudice to
"a,!ly 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
Tenninatlon of Contractor's Right to Continue the Work
.01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07,
Contractor's Right to Correct a Default, or subsequenUy agreed upon, the Owner, without prejudice to
any other right or remedy 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 with the WOlk in whole or in part, the OWner
will be entitled to,
a) take possession of the Wol1<ing Area or that portion of the Worldng Area devoted to that part of the
WOlk terminated;
b) uUlize the Equipment of the Contractor and any Material within the Working Area which is intended
to be incorporated into the WOlk, the whole subject to the right of third parties;
c) withhold further payments to the Contractor with respect to the WOlk or the portion of the WOlk
withdrawn from the Contractor untH the WOlk or porUon thereof withdrawn la completed;
"-18
0P8 GetwM CandIUona 111 Conncl.......- 11109
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d) charge the Contractor the additiooal cost over the Contract price of completing the Work or portion
thereof withdrawn from the Contractor, as certified by tbe Contract Administrator and any
additional compensation paid to tbe Contract AdmirJbll ator for such additional selVice arising from
the correction of the default;
e) charge tbe Contractor a reasonable allowance, as determined by the Contract Administrator, to
cover correctioo to the Work performed by the Contractor that may be required under subsection
GC 7.15, Warranty;
f) charge the Contractor for any damages the OWner may have sustained as a result of the default;
and
g) charge tbe Contractor the amount by which the cost of conections to the Work under subsection
GC 7.15, Warranty, exceeds the allowance provided for such c:onections.
GC4.10
Final Payment to Contractor
.01 If the OWner's cost to correct and complete the Work in.whole or in parUsless than the amount
withheld from the Contractor under subsection 'GC4.09..Tennination.of~pontractor:'s Right to
Continue the Work,' the OWner will pay the'balance to1he.ContractorassoOn)!iS the final accounting
for the Contract is complete.
GC 4.11
Tennlnation 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 00 behalf of.the Contractor's estate or
creditors.
.02 If the OWner elects to terminate the Contract the OWner will provide the Contractor and the trustee or
receiver with a complete accounting to the date of termination.
GC 4.12
Continuation of Contractor'S Obligations
.01 The Contractor's obligation under the Contract as to quality; correction and warranty of the Work
performed prior to the time of termination of the Contract or termination of the Contractor's right to
continue with the Work In whole or in part shall continue to be in force after such termination.
GC4.13
Use of Perfonnance Bond
.01 If the Contractor is In default of the Contract and the Contractor has provided a Perfonnance Bond,
the provisions of this Section shall be exercise<f in accordance with the wnditions of the Performance
Bonet. .~-;-,
OPS General Cond_ 01 ConIrad. e...1I .M 1m
'"- 18
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SEcnONGC~O-MATE~
GC 5.01
Supply of Material
.01 All Material ~sary for the proper completion of the WOIk, 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 fuft compensation for the supply of such Material.
,
GC 5.02
Quality of Material
......
.01 All Material supplied by the Contractor shall be new or unless oIhelwise specified In the Contract
Documents.
.02 Material suppHed by the Contractor shall confonn to the requirements of the Contract.
.03 h specified or as requested by the Contract Administrator, the Contractor shaft make available for
,!l1spection or testing a sample of any Material to be supplied by the Contractor.,
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.......,...,
.04 _the Contractor shaft obtain for tbe Contract Administrator the right to enter upon the premises of the
Material manufacturer or supplier to cany out such Inspection, sampling and testing as specified or a
. requested by the Contract Administrator.
.05 The Contractor shaH notify the Contract Administrator of the sources of supply sufficiently in advance
',. ,of the Material shipping dates to enable the Contract Administrator to perform the required Inspection,
. sampling and testing.
.06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor
fails to give sufficient advance notice to the Contract Administrator to enable the Contract
Administrator to cany out the required inspection, sampling and testing before the scheduled shipping
date.
.07 The Contractor shall not change the source of supply of any Material without the written authorization
of the Contract Administrator.
.08 Material which is not specified shall be of a quality best suited to the purpose required and the uSe of
such Material shall be subject to the approval of the Contract Administrator.
GC 5.D3
,~;
Rejected Material
.01 R~ected Material shall be removed from the Working Area expeditiously after the notification to that
~ from the Contract Administrator. Where the Contractor fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
disposed of in what the Contract Administrator considers to be the most appropriate manner and the
Contractor shall pay the costs of disposal and the appropriate overhead charges.
GC 5.04
Substitutions
.01 Where the specifications require the Contractor to supply a Material designated by a trade or other
name, the Tender shall be based only upon supply of the Material so designated, which shall be
regarded as the standard of quality required by the specification. 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 information as the Contract Administrator may require.
Page 20
OPS 0eneI8/ Col-.... III Connc:l. Sejl"',l>.t 1t9ll
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.02 Rulings on a proposed substitUtion will not be made prior to the acceptance of the Tender.
Substitutions shall not be made withoUt the prior approval of the Contract Administrator. The
approval or rejection of a. proposed substitution will be made at the discretion of the Contract
Administrator.
.03 If the proposed substitution is approved by the contract Administrator, the Contractor shall be entiUed
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the
. Contractor in writing or by issuance of a Certificate of Equality on the Owner's ,standard fonn 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
GC 5.05.01
OWner Supplied Material
Ordering of Excess Material
.01 Where Material is supplied by the Owner;and where this MaterlaI,'is'ordereC:kby the Contractor in
excess of the amount specified to complete the Work;;:such;;excess;..Material shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 5.05.02
Care of Material
.01 The Contractor shall, in advance of receipt of shipments of MaterlaI 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 its safe handling and storage. If such Material is damaged while
under. the control of the Contractor it shall be replaced or repaired by the Contractor at no elqlense to
the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the
Contract Administrator for reasons which are not the fault of the' Contractor it shall remain in the care
and at the risk of the Contractor until its disposition has been determined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where
there are discrepancies between the quantities receivedand.-the ,:quantities shown on the bills of
lading, the Contractor shall immediately ,report such damage or discrepancies to the Contract
Administrator who shall arrange for an'immediate'jnspection ,of,the~'shipment and provide the
Contractor with a written release from responsibility for such damage or,deficiencies. Where damage
or deficiencies are not so reported it will be assumed that the shipment arrived in good order and any
damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material
shall not, except with the written pennission 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 Gene.., ~ of ConncI-lIeplwnber 1m
"-21
.06 The Contractor shan provide the Contract Administrator, immediately upon receipt of each shipment,
copies of bills of lading, or such other documentation the Contract Administrator may require to
substantiate and reconcile the quantities of Material received.
.07 Where Material supplied by the OWner is ordered and stockpiled prior to the award of the Contract,
the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations,
check the Material, report any damage or deficiencies to the Contract Administrator and take charge
of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the
Contractor it shall be assumed that the stockpile was in good order when the Contractor took charge
of it and any damage or deficiencies reported thereafter shall be made good by the Contractor at no
extra cost to the Owner.
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P-ve22
0P8 Oenem CoI_. of ConncI. lie",,",., 11199
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SECTION GC 6.0 -INSURANCE, PROTECTION AND DAMAGE
GC 6.01
Protection of Work, Persons and Property
.01 The Contractor, the Contractor's agents and all workers employed by or under the control of the
ContraCtor, including SUbcontractors, shall protect the Work, persons and property from damage or
injury, and shall be responsible for all losses and damage which may arise as the result of the
Contractor's operations under the Contract unlesS indicated to the contrary below.
.02" The Contractor is responsible for the full cost of any necessary temporary provisions and the
restoration of all damage where the Contractor damages the Work or property in the performance of
the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property
, the Contractor shall restore such damage, and such work shall be administered according to these
General Conditions. .
.03 The Contractor shall immediately lnformthe~ Contract AclministratOrofall:'damage and injuries which
occur during the term of the Contract.
.04 The Contractor shall not be responsible for loss and damage'that occurs as a result of,
a) war;
b) blockades and civil commotions;
c) errors in the Contract Documents; or
d) acts or omissions of the OWner, the Contract Administrator, their $gents and employ., or others
not under the control of the Contractor, but within the Working Area with the OWner's permission.
.05 The Contractor and his Surety or Sureties shall not be released from any term or provision of any
responsibility, obligation or liability under the Contract or waive or impair any of the rights of the
OWner except by a release duly executed by the OWner.
GC 6.02
Indemnification
.01 The Contractor shall indemnify and hold harmless the OWner and the Contract Administrator, their
agents, officers and employees from and against all claims, demands, losses, expenses, costs,
dam$ges, actions, suits or proceedings by third parties, hereinafter called 'claims', directly or
indirectly arising or alleged to arise out of the perfonnance of or the failure to perform the Work.
provided such claims are,
a) attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible
property;
b) caused by negligent acts or omissions of the, Contractor or anyone.for,whose acts the Contractor
may be fiable; and
c) made in writing within a period of 6 years from the date of Substantial'Performance of the Work as
set out in the Certificate of Substantial Performance of the Work or, where so specified in the
Contract from the date of certification of Final Acceptance.
.02 The Contractor shall indemnify and hold harmless the OWner from all and every claim for damages,
royalties or teas 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 the Contractor, his agents, officers and employees
from and against all claims, demands, losses, expenses, coats, dam$ges, actions, aults, or
proceedings arising out of the Contractor'S performance of the Contract which are attributable to a
lack of or defect in title or an alleged lack of or defect in title to the Working Area.
OPS Genera' Condlllonl 0/ COnlnlcl- 8o.jlIOl,"'" 111119
P8ge 23
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.05 The Contractor expressly waives the right to indemnity for claims other than those stated above in
paragraph GC 6.02.04.
GC 6.03
GC 6.03.01
Contractor's Insurance
General
.01 Without restricting the generality of subsection GC 6.02, Indemnification, the Contractor shall provide,
maintain and pay for the insurance coverages listed under clauses GC 6.03.02 and GC 6.03.03.
Insurance coverage in clauses GC 6.03.04, GC 6.03.05 and GC 6.03.06 will only apply when so
specified in the Contract Documents.
GC 6.03.02
General Uablllty Insurance
.':
.01 General liability insurance shall be in the name of the Contractor, with the OWner and the Contract
,~ministrator named as additional insureds, with limits of not less than 5 millionJlollars inclusive per
Q$urrence for bodily Injury, death, and damage to property including loss otuse thereof, with a
'P!;9perty damage deducbble of not more than $5000. The fonn of this inSurance shall be the
Igsurance Bureau of Canada Fonn IBC 2100, dated 8-87. '
.02 '"Another form of insurance equal to or better than that required in IBC Form 2100 may be used,
provided all the requirements listed in the Contract are included. Approval of this insurance wiD be
conditional upon the Contractor obtaining the services of an insurer icensed to underwrite insurance
in the Province of Ontario and obtaining the insurer's certificate of equivalency to the required
insurance.
.03 The insurance shall be maintained continuously from the commencement of the Work until 12 months
following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial
Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and
with respect to completed operations coverage for a period of not less than 24 months from the date
of Final Acceptance of the Work as set out in the Final Acceptance CertIficate, and thereafter to be
maintained for a further period of 4 years.
.04, The Contractor shaD submit annually to the Owner, proof of continuation of the completed operations
coverage and if the Contractor fails to do so, the imitation period for claiming indemnity described in
paragraph GC 6.02.01 c), wll not be binding on the Owner.
.05 Should the Contractor decide not to employ Subcontractors for operations requiring the use of
eij>losives for blasting, or pile driving or caisson work, or removal or weakening of support Of property
b,li.ilding or land, IBC Fonn 2100 as required shaD include the appropriate endorsements.
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.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 limits of not less than 5 million
dollars inclusive per occurrence for bodily injury, death and damage to property, in the following forms
endorsed to provide the OWner with not less than 30 Days' written notice in advance of any
cancellation, change or amendment restricting coverage:
a) standard nolKlWl18d automobile policy Including standard contractual Uabllity endorsement, and
b) standard owner's fonn automobile policy providing third party liability and accident benefits
insurance and covering licensed vehicles owned or operated by the Contractor.
"- 24
OPS Oennl Cond_ 01 C-.ct. BepWmber 18l1l1
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GC 6.03.C14
Aircraft and Watercraft Liability Insurance
.01 Ain:raft and waten:raft liability insurance with respect to owned or non-owned aircraft and watercraft if
used directly or indirectly in the performance of the Work, including use of additional premises, shall
be subject to limits of not less than 5 mWion dollars inclusive per occurrence for bodily injury, death,
and damage to property including loss of use thereof" and limits of not less than 5 million dollars for
aircraft passenger hazard. . Such insurance shall be in a form acceptable to the Owner. The policies
shan be endorsed to provide the Owner with not less than 30 Days' written notice in advance of
cancellation. change or amendment resbicting coverage.
GC 6.03.05
GC 6.o3.D5.01
Property and Boller Insurance
Property Insurance
. .01 ' All risks property insurance shall be in the name of the.Contractor+,lNitbJha.Owner,and the Contract
Admlnistratornamed as additional insureds, insuring' not. less ,Jhan;.the:sum.Dfthe .amount of the
Contract price and the, full value, as may..bestate<l-in ,the...8upplementaLGeneraLConditions, of
Material that is specified to be provided, by;the'Owner;;for~.incorporation'into the Work, with a
deductible not exceeding 1 % of the amount insured at the site of the Work. This insurance shall be in
a form acceptable to the OWner and shan be maintained continuously until ,10 Days,after,lhe date of
Final Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.02
Boller Insurance
. '.0,1 "Boiler InSurance insurinsrthe 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, shan 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 Fmal
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 Perfonnance, the
Owner will' give 30 Days' written notice to the. Contractor of the, intended purpose and extent of such
use or occupancy. Prior to such use or occupancy the Contractor shall notify the OWner in writing of
the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the
OWner's expense. If because of such use or occupancy the Contractor is unable to provide
coverage, the OWner upon written notice from,the,Contractor~and prior'jl)~such.use ,or,occupancy
shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work,
including coverage for such use or occupancy, and shall. provide the -Contractor with proof of such
insurance. The Contractor shall refund to the OWner the uneamedpremiums applicable to the
Contractor's policies upon termination of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner
and the Contractor as their respective interests may appear. The Contractor shall act on behalf of
both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the insurers. \Nhen the extent of the loss or damage is determined the Contractor shall
proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party
under the Contract except that the Contractor shall be entitled to such reasonable extension of
Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide
in consultation with the Contractor.
0P8 General Conditions of~. SellIol,Ib., 1m
"- 25
".
GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds and in accordance with the
requirements of Section GC 8.0, Measurement and Paymenl In addition the Contractor shall be
entitled to receive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the porlCies except where such
amounts may be excluded from the Contractor's responsibility by the tenns of this Contract
.03 In the event of a loss or damage to the Work arising from the action or omission of the Owner or
others, the Owner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Paymenl
GC 6.03.06
Contractor's Equipment Insurance
.01 All risks Conbactor's equipment insurance covering construction machinery and equipment used by
the Contractor for the performance of the Work, i1clucfmg boiler insurance on temponuy boilers and
pressure vessels, shall be in a fonn acceptable to the OWner and shan not allow subrogation claims
by the insurer against the Owner. The policies shaD 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 capabRity by the Contractor for self-insurance of the
Contractor's Equipment, the OWner agrees to waive the eqUipment insurance requirement, and for
the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be
amended to provide permission for the Contractor to grant prior releases with respect to damage to
the Contractor's Equipment
GC 6.03.07
Insurance Requirements and Duration
.01 Unless specified otherwise the duration of each insurance policy shall be from the date of
commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out
in the Final Acceptance Certificate.
.02 The Contractor shan provide the Owner, on a form acceptable to the Owner, proof of Insurance prior
to commencement of the Work, and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each
insurance policy exclusive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the insurance. The certified true copy shall include a signature by an officer
of the Contractor and in addition. a signature by an officer of the insurer or the underwriter or the
broker.
.04 Where a policy is renewed the Contractor shall provide the Owner, on a fonn acceptable to the
Owner, renewed proof of insurance immediately following completion of renewal.
.05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts
under the policies.
.06 If the Contractor fails to provide or maintain insurance as required in subsection GC 6.03,
Contractor's Insurance, or elsewhere in the Contract Documents, then the Owner will have the right to
provide and maintain such insurance and give evidence thereof to the Contractor. The Owner's cost
thereof shall be payable by the Contractor to the OWner on demand.
P_26
OPS -.. Concllllona of Conlract.~ I.
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.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date
on which the Owner made a tonnal demand tor reimbursement of such costs the Owner may deduct
the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender
documents.
,02 Such bonds shall be issued bya duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of
the Contract
OPS Oenetlll Cond_ of Contr8d. se.- 11199
Page 27
SEcnON GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the perfonnance of
the Work are known.
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.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
. Contractor has received a written order to commence the Work, signed by the Contract Administrator.
.03 The Contractor shall have complete control of the Work and shall effectively direct and supervise the
Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible
for construction means, methods, techniques, sequences and procedures and for coordinating the
various parts of the Work.
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.04 The Contractor shall have the sole responsibility for the design, erection, operatiOn, -maintenance and
,._~oval of temporary structures and other temporary facilities and the design and execution of
, ,,~nstruction methods required in their use.
.05 "Notwithstanding paragraph GC 7.01.04. where the Contract Documents include designs for
temporary structures and other temporary facilities or specify a method of construction in whole or
part, such facilities and methods shall be considered to be part of the design of the Work, and the
Contractor shall not, be held responsible for that part of the design or the specified method of
construction. The Contractor shan, however, be responsible for the execution of such design or
specified method of construction in the same manner that the Contractor is responsible for the
execution of the Work.
.06 The Contractor shall execute the tenns of the Contract in strict compliance with the requirements of
the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Act") and Ontario Regulation
213/91 (which regulates Construction Projects) and any other regulations under the Act (the
"Regulations") which may affect the perfonnance of the Work, as the "constructor" or "employer", as
defined by the Act, as the case may be. The Contractor shall ensure that
a) worker safety is given first priority in planning, pricing and perfonning the Work;
b) its officers and supervisory employees have a working knowledge of the duties of a "constructor"
and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work,
and a personal commitment to comply with them;
c)" a copy of the most current version of the Act and the Regulations are available at the Contractor's
. office within the Working Area. or, in the absence of an office, in the possession of the supervisor
, ':,responsible for the performance of the Work;
,d):workers employed to carry out the Work possess the knowledge, skills and protective devices
, required by law or recommended for use by a recognized industry association to allow them to
work in safety;
e) its supervisory employees carry out their duties in a diligent and responsible manner with due
consideration for the health and safety of the wor\<ers; and
f) all Subcontractors and their employees are properly protected from injury while they are at the
wor\< place.
,07 The Contractor when requested shall provide the Owner with a copy of its health and safety policy
and program at the pre-start meeting, and shall respond promptly to requests from the Owner for
confinnation that Its methods and procedures for carrying out the Work comply with the Act and
Regulations, The Contractor shall cooperate with representatives of the Owner and Inspectors
appointed to enforce the Act and the Regulations in any investigations of worker health and safety in
the 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 result of the
Contractor's failure to comply with the requirements of the Act and the Regulations,
P_Z8
OPS o.ne... Cond_ oJ eonu.cc. 8.....,......ll189
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.08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of
those products controUed under the Workplace Hazardous Materials Infonnation 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 whoe any work is being perfunned,
to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall
, notify the Contract Administrator of the names/addresses.. positions and telephone numbers of_ the
Contractor's representatives who can be contacted at any time to deal with matters relating to the
Contract.
'.10 The Contracto(shaR;-atno'lidditional cost-totheOwner,fUrnish aU reasonable aid; facilities and
assistance required by the Contract Adminlstrator'for1l1e:'PJ'Operinspeclion:and examination of the
, Work or the taking of measurements forthepurpose:of:paymenl "
.11 The Contractor shall prepare, and update as required, a,construction-schedulelndicating the timing of
the major and critical activities of the Work. - The schedule shall be designed to ensure conformity
with the specified Contract TIlT1e. The schedule shall be submitted to the Contract AdlT)inistrator
within 14 Days from the date of the ContraCt award. '
.12 Where the Contractor finds any enol, Inconsistency or omission relating to the Contract, the
. Contractor shall prompUy-report it to the Contract Administrator and shall not proceed with 1I1e activity
affected untIlreoeivingdireclion from the ContraCt Administrator.
.13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all
underground utilities and selVice connections which may be affected by the Work. The Contractor
shall be responsible for any damage done to the underground utilities by the Contractor's forces
during construction If the stake out locations are within the tolerances given in paragraph GC
2.01.01a).
GC 7.02
Layout
.01-' Prior to commencement of construction; the Contract Administrator and the Contractor will locate on
site those property bars, baselines and benchmarKs which are necessary to delineate the WOlking
Area and to layout the Work, all as shown on the Contract Drawings.
.02 The Contractor shall be responsible for the preservation of all' property ban;;' while the Work is in
progress, except those property bars which must be removed_ toJaclrllate:lhe 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 lnspection 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, so that the same may be checked by the Contract Administrator.
.05 The Contractor shan install and maintain substantial alignment markers and secondary benchmarKs
as may be required for the proper execution of the Work. The Contractor shall supply one copy of all
alignment and grade sheets to the Contract Administrator.
OPS o.-.t CondIlIona of Contract. &.,.lo.,..... 1m
"- 29
.06 The Contractor shall assume full responsibility for arl9nment, elevations and dimensions of each and
an parts of the Work, regardless of whether the Contractor's layout work has been checked by the
Contract Administrator.
.07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully
preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's
operations, such stakes, marks and reference points will be replaced by the Contract Administrator at
the Contractor's expense.
":<........
Gci .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 Ukefy to be.
done to any Roadway or any improvement thereon, outside the Worldng Area, by the Contractor's
. vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the
direction of the Contract Administrator, and at no extra cost to the OWner, make changes or
~bstitutions for such vehicles or equipment, and shall alter loadings, or in Some other manner,
~,riifnove the cause of such damage to the satisfaction of the Contract Administrator.
;..l;rot
GC 7.04
Excess Loading of Motor Vehicles
.01 "'Where a vehicle Is hauling Material for use on the Wotk, in whole or In part upon a Highway, and
where motor vehicle registration Is required for such vehicle, the Contractor shall not cause or permit
such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990,
;,c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise,
except where there an! designated areas within the Working Area where overloading Is permltted.
The Contractor shall bear the onus of weighing disputed loads.
GC 7,05
Condition of the Working Area
.01 The Contractor shall maintain the WOl1dng Area in a tidy condition and free from the accumulation of
debris, other than that caused by the OWner or others.
GC 7.06
Maintaining Roadways and Detours
.01 Where an existing Roadway Is affected by construction. It shall be kept open to traffic, and the
Contractor shall, except as otherwise provided in this subsection, be responsible for providing and
maintaining for the duration of the Wort, a road through the Working Area, whether along an existing
Highway, including the road under construction. or on detours within or adjacent to the Highway, in
accordance with the MUTCD.
.02~.cContractor shall not be required to maintain a road through the Working Area until such time as
the Contractor has commenced operations or during seasonal shut down or on any part of the
Contract that has been accepted in accordance with these General Conditions. The Contractor shall
not be required to apply deicing chemicals or abrasives or carry out snowplowing.
.03 Where localized and separated sections of the Highway only are affected by the Contractor's
operations. the Contractor will not be required to maintain intervening sections of the Highway until
such times as these sections an! located within the limits of the Highway affected by the Contractor's
general operations under the Contract
.04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the c:onstruction of the detours, and if required, for the subsequent removal of
the detours, will be made at the Contract prices appropriate to such work.
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OPS o..w.I Condlllono d ConlnIcI- ~,,-..e...r 1m
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.05 The Contractor shall maintain, in a satisfactory condition for traffic, a road through the Working Area,
at the Owner's expense. The road through the Working Area will include any detour constructed in
accordance with the Contract Documents or required by the Contract Administrator. Compensation
for all labour, equipment and materials to do this work shaD 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 tor public travel
.07 Where the Contractor constructs a detour which is not specifically provided for in the Contract
Documents; or required by the. Contract Administrator, the construction of the detour and, if required.
the subsequent removal shall be perforrne<f at the.Contractor'sexpensa "The detour shall be
constructed and maintained to .struCturar:'an'd'geometricstaodards::1lP~ by the Contract
'Administrator. Removal and siterestoration$hall,;be,.performe<L~as.,dini:ted by the Contract
Administrator.
:08 ,Where, with the prior written approVal of the Contract Administrator, the Highway is closed and the
. traffic diverted entirely off the 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 relieVe the Contractor of obligations under
subsEldion 'GC'6.01;'P,otectiOll 'OfWcrk, Persons and '-Property, dealing, with theContractor's
responsibility for damage claims, except for claims arising on sections of Highway within the Working
Area that are being maintained by others.
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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.
GC 7.07
.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 'requireck and care 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 intenuptlons so as to
create a minimum of interference to those affected.
GC 7.08
Approvals and Permits
.01 Except as specified in subsection GC 4.02. Approval and Permits, the Contractor shall obtain and pay
for any permits, licenses" and certificates which at the date of tender closing, are required for the
performance of the Work.
.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits
specified In paragraph GC 7.08.01.
OPS GenenlI Cond_ at ContracI- s..... ...., UIlIlI
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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 ~ circumstances, will be administered according to subsection GC 3.08, Delays.
GC 7.10
Contractor's Right to Stop the Work or Tenninate the Contract
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.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
,'cof 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 gMng the Owner or receiver or
trustee in bankruptcy written notice, tenninate the Contract.
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If the WOIk is stopped or othelwlse 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
;;~ContraClOr or of anyone directly employed or engaged by the Coub....tu. "the Contractor may,
,Without prejUd'1Ce to any other right or remedy the Contractor may have, by gMng the Owner written
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notice, tennlnate the Contract. .,
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.03 The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the
Owner is in default of c:ontraclual Obligations If,
a) the Contract Administrator falls to issue certificates in accordance with the provisions of Section
GC 8.0, Measurement and Payment;
b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC
,., 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within
30 Days of an award by an arbitrator or court; or
c) the Owner violates the requirements of the Contract.
.04 The Contractor's writtan 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 Co"b...:lu.. may, without prejudice to
any other right or remedy the Contractor may have, stop the Work or tenninate the Contract.
.05 If the Contractor terminates the Contract under the conditions set out in this subsection, the
, Contractor shall be entitled to be paid for all work performed according to the Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the termination of the
Contract.
GC 7.11
Notices by the Contractor
.01 Before work is carried out which may affect the property or operations of any Ministry or agency of
gOvernment or any person, company, partnership or corporation, including a municipal corporation or
any board or commission thereof, and in addition to such notices of the commencement of specified
operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least
48 hours advance written notice of the date of commencemant of such work to the person, company,
partnership, corporation, board, or commission so affected.
.02 In the case of damage to, or interference with any utilities, pole lines, pipe lines, conduits, farm tiles,
or other public or privately owned works or property, the Contractor shall immediately notify the
Owner and the Contract Administrator of the location and details of such damage or interference.
P_32
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GC 7.12
Obstructions
.01 Except as othelwise noted in these General Conditions. the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in the perfonnance of the WOl1< and any
traffic conditions. including traffic conditions on any Highway or road 'giving access to the Working
Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for
any loss. damage or expense occasioned thereby.
.02 Where the obstruction is ,a Utility or other man-made object, the Contractor shall not be required to.
assume the risks 'and responsibilities arising out of such obstruCtion, unless the location of the c
obstruction is shown on the plans or described in the specifications and the location so shown is
within the tolerance specified in paragraph GC 2.01.01 a), or unless the presence and location of the
'obstruction has otherwise been made knaNn to the Contractor or could have been detennined by the
visual site investigation made by the ,Contractor in accordance with these General Conditions.
.03 During the course of the Contract, It is.the'.Contractor's'responsibility;to;consult;with Utility companies
.. Cor other appropriate authoritiesforfurther.infonnation in.regar:d:to:theexactioCirtion ,of these Utilities, '
to exercise the necessary care in constrUclion'operations;-and'io:1ake1lUch'Oltier precautions as are
necessary to safaguard the UtiHty from damage.
GC7.13
limitations of Operations
.01 Except for such work as may be required by the Contract Administrator to maintain the WOl1< ina safe
and satisfactory condition, the Contractor shall not cany on operations under the Contract on
Sundays without pennission in writing from the Contract Administrator.
.02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they
shall be allowed access to their work or plant at all reasonable times.
GC7.14
Cleaning Up Before Acceptance
.01 Upon attaining Substantial Perfonnance of the Work, the Contractor shall remove surplus materials.
, tools, construction machinery and equipment notrequired for the perfonnance of the remaining Work.
The Contractor shall also remove all temporary works and debris other than that caused by the
Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the
Owner unless otherwise specified.
.02 The Work shall not be deemed to have reached Completion-untilthe'Contractor has removed surplus
materials, tools, construction machinery and 'equipment The Contractor shaU 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 perfonnance of the Work only to the extent that the
design and specifications penni! such perfonnance.
.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 Perfonnance of the Work,
as set out in the Certificate of Substantial Perfonnance of the WOl1<,
b) where the work is completed after the date of Substantial Perfonnance, 12 months after
Completion of the Work,
c) where there is no Certificate of Substantial Perfonnance. 12 months from the date of Completion
of the Work as set out in the Completion Certificate, or
OPS General COndIllona at ConlrKI-lleplOl,lbor lllllll
poge 33
d) such longer periods as may be specified for certain Materials or some of the Work.
The Contract Administrator will prompUy give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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0P8 Genelal CondIUono 01 Contract- BepllnllMlr 1899
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SECTION GC 8.0 - MEASUREMENT AND PAYMENT
GC 8.01
Measurement
GC 8.01.01
Quantities
.01 The Contract Administrator will make an estimate once a month, in writing, of the quantity of Work
performed. The first estimate Will be the quantity of Work performed since the Contractor
commenced the Contract, 'and every subsequent estimate; except the final one, Will be of the 'quantity
of Work performed since the preceding estimate was made. The Contract Administrator Will provide
the copy of each estimate to the Contractor within 10 Days of the Cut..()ff Date.
, '.02 . Such quantities for progress payments. shall be construed and held to approximate. ,The final
"quantities for the issuance of . the Completion Certificate shan be based on the measurement of Work
completed.
.03 'MeasUrement of the quantities 'of theWork:'perfom1ed'Willbe'eithel:;tJy~ActuaIMeasurement or by
Plan 'Quantity principles as indicated 'lnthe' Corttract:'- Adjustments\to:Plarr Quantity measurements
will normally be made USing Plan Quantity 'principles but may, where' appropriate, be made using
Actual Measurements. Those'ltemsidentified on 1heTender by the notation (PI in.the unit column
." 'shan be pald according' to the fllan Quantity. Items where the. noiation (PI does not occur shall be '
paid according to Actual Measurement
GC 8.01.02
Variations In Tender Quantities
.01 Where it. appears that the quantity of Work to be done 'and/or Material' to be supplied by the
Contractor under a unit price tender Item Will exceed or be less than the tender quantity, the
Contractor shall proceed to do the Worl< and/or supply the Material required to complete the tender
Item and payment Will be made for the acbJal amount of Work done and/or Material supplied, at the
unit prices stated in theTencler except as provided belclw:
a) In the case of a Major Item where the quantity of Work perfonned and/or Material supplied by the
Contractor exceeds the tender quantity by more than 15%, eltherparty to the Contract may make
a written request to the other party to negotiate a revised unit price for that portion of the Work
performed and/or .Material supplied which exceeds 115% of the tender quantity; The negotiation
shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based
on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus
a reasonable allowance for profit and applicable ovemead.
b) In the case of a Major Item where the'quantity'ofWorkperfonnedand/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 actualcoverheads'and. fixed ,costs. applicable to the amount of the
underrun in excess of 15% of the tender quantity; For purposes of the'negotiation, the overheads
and fixed costs applicable to the Item are deemed to have been prorated Uniformly over 100% of
the tender quantity for the item. Overhead costs shall be confirmed by a statement certified by the
Contractor's senior financial officer or auditor and may be audited by the Owner. A1tematively,
where 'both parties agree, an allowance equal to 10% of the' unit price on the amount of the
underrun in excess of 15% of the tender quantity Will be paid.
Written requests for compensation must be received no later than 60 Days after the issuance of the
Completion Certificate.
GC 8.02
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 its
perfonnance. The term "all labour, Equipment and Materiar' shall include Hand Tools, supplieS and
other incidentals.
OPS GenerIl Cond_ <if ConIdd -September 1_
P8ge35
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.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 telTns and conditions:
a) The Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate
and proper storage facirlties and notify the Contract Administrator of their locations.
b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure:
i. Sources Other Than Commercial
(1) Granular 'A', '8' and 'M' shall be assessed at the rate of 60% of the Contract price.
(2) Coarse and fine aggregates for hot mix asphaltic concrete, surface treatment and Portland
cement concrete shall be assessed at the rate of 25% of the Contract price for each
aggregate stockpiled.
z:ii. . Commercial Sources
04"" Payment for separated coarse and fine aggregates Will be considered at, ~e above rate when
".,\t'O such materials are stockplJecl at a commercial source where further proc:eSslng Is to be carried
out before incorporating such materials Into a final product. AdvanCe payments for other
materials located at a commercial source wiD not be made.
o 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 an Materials shall be prorated against the appropriate tender item by paying for
sufficient units of the item to cover the value of the material. Such payment shall not exceed 80%
of the Contract price for the item.
e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the
designated storage location immediately upon receipt of the material and shall thenceforth be held
by the Contractor in trust for the Owner as collateral security for any monies advanced by the
. Owner and for the due completion of the Work. The Contractor shall not exercise any act of
ownership inconsistent with such security, or remove any Material from the storage locations,
except for inclusion in the Work. without the consent, in writing, of the Contract Administrator.
f) Such materials shall remain at the risk of the Contractor who shall be responsible for any loss,
damage, theft, Improper use or destruction of the material however caused.
.,.
.02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC
8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance
~I only be detennined when the material meets the requirements of the appropriate specification.
GC 8.02.03 CertIfication and Payment
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GC 8.02.03.01
Progress Payment Certificate
.01 The value of the Work performed and Material supplied Will be calculated once a month by the
Contract Administrator In accordance with the Contract Documents and . clause GC 8.01.01,
Quantities.
.02 The progress Payment CertIficate Will show,
a) the quantities of Work performed;
b) the value of Work performed;
c) any advanced payment for Materials;
d) the amount of statutory holdback, liens, Owner's set-off;
e) the amount of GST as applicable; and
f) the amount due the Contractor.
poge 36
OPS _ Condlllonl d Contract .llepl8rnber 1 egg
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.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.Qff Date.
GC 8.02.03.02
Certification of Subcontract Completion
.01 Before the Work has reached the stage of Substantial Per1'ormance, the Contractor may notify the
Contract Administrator, in writing that a subcontract Is completed satisfactorily and ask that the
Contract Administrator certify.the completion of such subcontract
.02 The Contract Administrator will ,Issue a Certificate of Subcontract Completion if the subcontract has
been completed satisfactorily, and all requiredinspectioo and testing of the works covered by the .
subcontract have been carried out and the results are satisfaclOly. ,
.03 The Contract Administrator WIll set out in the' Certificate ofSUbcontract'campletion the date on which
. the subcontract was completed and within'7 Days'of;thedate;the;subcontract'iis certified,complete,
the Contract Administrator will give a copy'ofthe ;certificate'to:thecContraclOMlnd;to the SUbcontractor
concerned.
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 subcontracl. Such relea$Elshall be made.
46 Days after the'datethe subcontract,was certified complete ,and providing ,the. Contractor., submits
the folla.ving to the Contract Administrator:
a) a document.satIsfactory to the ContraCt Administrator that will release the Owner from all further
claims relating to the subcontract, qualified by stated exceptions such as holdback monies;
b) evidence satisfactory to the Contract Administrator that the SUbcontractor has discharged all
liabilities incurred in carrying out the subcontract;
c)a satisfactory clearance certificate or letter from the workplace Safety and Insurance Board
relating to the sulM"lbacl; and ' '
d) a copy of the contract between the Contractor and the Subcontractor anda.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-forthwithgivethe Subcontractor the
payment due under the subcot,bact
.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 performed the
Contract Administrator will issue a Certificate of Substantial Performance.
.02 The Contract Administrator will set out in the Certificate of Substantial Performance the date on which
the Contract was substantially performed and within 7 Days after signing the said certificate the
Contract Administrator will provide a copy to the Contractor.
.03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith. as
required by Section 32(1) Paragraph 5 of the Construction Usn Act, RS.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 Dally Commen:lal News.
OPS _ Coudlllou. <11 Conlrad. .....'..., 1889
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.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required
above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the
Owner may publish a copy of the certificate at the Contractor's expense.
.05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 4!klay 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.
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GC'8.02.03.05
Substantial Perfonnance 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 Pertonnance Payment Certificate and the Substantial
g~ance. Statutory Holdback Release Payment Certificate or where aPlll?priate, a combined
,~yment certificate. ,
...;w..",: _n',,_.' .
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.02,$~ Substantial Performance Payment Certificate will show,
"''8f''the value of Work performed to the date of Substantial Perfonnance;
b) the value of outstanding or incomplete Work;
'c) the amount of the statutory holdback, aHowing for any previous releases of statutory holdback to
the Contractor in respect of completed subcontracls and deliveries of pre-selected equipment;
d) the amount of maintenance security required; and
, e) the amount due the Contractor.
.03 . Payment of the amount certified wal be made Within 30 Days of the deteof issuance of the payment
. certificate.
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.04 The Substantial Perfonnance Statutory Holdback Release Payment Certificate will be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantial Perfonnance. Payment of such statutory holdback shall be due 46 Days after
the date of publication of the Certificate of Substantial Performance but subject to the provisions of
the Construction Lien Act and the submission by the Contractor of the tollowing documents:
a) a release by the Contractor in a tonn satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract, qualified by stated exceptions such as
ClUtstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation;
b) a staMory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred
:fi by the Contractor and the Contractor's Subcontractors In carrying out the Contract have been
. disCharged except for statutory holdbacks properly retained; .
c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and
'~1proof of publication of the Certificate of Substantial Performance.
GC 8.02.03.06 Certification of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract
Administrator will issue a Completion Certificate.
.02 The Contract Administrator will set out in the Completion Certificate the date on which the Work was
completed and within 7 Days of signing the said certifICate the Contract Administrator will provide a
copy to the Contractor.
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OPS -... COlldllloo.. ol~. 6epIomber IlKK1
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Completion Payment and Completion Statuto!)' 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 vatue of further workcompieted 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 :paymenLCertificate ,.wil,Ltl,e"a , payment,ceitificate
. releasing to the Contractor'the. further,Statutory :holdbacIC" PaymentOf,sIJCh.:slatutory holdback shall '
be due 46 Days after the date of Complelicin"ioftheWork.asestablished,by;tbe"Completion.Cerlificate
but subject to the ' provisions of the Construction UenAct.and.1I1e'submission~,the Contraptor of the
following documents:
a) a release by, the Contractor in a, fonn ,satisfactory to the ContraclAdminlstrator' releasing the
OWner from all further claims relating to the Contract, qualified by stated' exceptions where
appropriate; .
b) a statutory declaration in a fann satisfactory to the.ContractAdministrator that allliabllities 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 requirements of the Contract including all
documentation requirements. when payment by the OWner to the Contractor for Work perfonned. or
for release of staMory holdback. is delayed by the OWner, then the Contractor shall be entitled to
receive interest on the outstanding payment attheRateoflnterest,' Ifpaymenliis not received on the
dates set out below:
a) Progress Payment Certificates: 30 Days after the Cut-Off Date; ,
b) Certificate of Subcontract Completion:' 30 Days after the date certified as the date on which the
subcontract was completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
subcontract was completed;
d)' Substantial Performance Payment Certificate: 30 Days after the'date of issuance of the certificate.
e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after
publication of the Payment Certificate of Substantial Perfonnance;
f) Completion Payment Certificate: 30 Days after the date certified as the date on which the
Contract reached Completion;
g) Completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as
the date which the Work was completed.
.02 If the Contractor has not complied with the requirements of the Contract, including all documentation
requirements. prior to expiration of the time periods described in paragraph GC 8.02.03.09.01.
interest will only begin to accrue when the Contractor has completed those requirements.
OPS Genenll Condlllono or Conlrad - s...A*o-'-
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GC 8.02.03.10
Interest for Negotiations and Claims
.01 Except as hereinafter provided, where a notice of negotiation, notice of intent to claim and the
subsequent claims are submitted in accordance with the time limits and/or procedure described by
subsection GC 3.14, Claims, Negotiations, Mediation, the OWner will pay the Contractor the Rate of
Interest on the amount of the negotiated price for that part of the Work or on the amount of the settled
claim. Such interest will not commence until 30 Days after the salisfaClOly completion of that part of
the Work.
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.02 :Where the Contractor does not attempt to resolve the negotiation or the claim in an expeditious
manner, interest shall be negotiable.
.03. . Where the Contractor fails to give notice of a claim within the time fimit presaibed by subsection GC
.3.14, Claims, Negotiations, Mediation, interest shall not be paid.
.04,~re.a Contractor falls to comply with the 3O-day time limit and the procedures presaibed in
; Pll!a9lC1ph GC 3.14.03.03 for submission of claims, interest shall not be paid for the delay period.
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GC 8.:02:03;11 OWner's Set-off
.01 ,Pursuant to Section 12 of the ConsInJction Lien Act, the OWner may re1ain from monies owing to the
Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities
including the cost to remedy deficiencies, the reduction in value of substandard portions of the WOlk,
claims for damages by third parties which have not been detennined in writing by the Contractor's
'insurer, undetermined claims by the OWner under paragraph GC 8.01,02.01 a), any assessment due
the Workplace Safety and Insurance Board and any monies to be paid to the workers in accordance
with clause GC 8.02.06, Payment of Workers.
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.02 Under these circumstances the Owner will give the Contractor appropriate notice of such action.
GC 8.02.03.12
Delay In Payment
.01 The OWner shall not be deemed to be in default of the Contract provided any delay in payment does
not exceed 30 Days from the due dates as defined in paragraph GC 8.02.03.09.01.
GC 8.02.04
Payment on a TIme and Material Basis
Definitions
GC8~i;~~01
,
.01 Fat'the purpose of this clause the following defihitions apply:
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Cost of Labour: means the amount of wages, salary, travel, traveltime, food, lodging or similar items and
Payroll Burden paid or incurred direcUy by the Contractor to or in respect of labour and supervision actively
and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour
and supervision, but shall not include any payment or costs Incurred for general supervision,
administration of management time spent on the entire Work or any wages, salary or Payroll Burden for
which the Contractor is compensated by any payment made by the OWner for Equipment
Cost of Material: means the cost of Material purchased, or supplied from stock, and valued at current
marKet prices, for the purpose of carrying out Extra WorK, by the Contractor, or by others when such
arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices.
Operated Rented equipment: means Rented Equipment for which an operator is provided by the
supplier of the equipment and for which the rent or lease includes the cost of the operator.
poge 40
OPS General Coo_IS t1I ConIrac:t- September lese
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Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment
insurance, public liability and property damage insurance, sickness and accident insurance, pension fund
and such other welfare and benefit payments fonning part of the Contractol's nonnallabour costs.
Rented Equipment means equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, finn 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'parkinglotsand includes all work incidental thereto other than work on structures.
Sewer 'and Watennaln Work: means the preparation, construction, finishing, and construction
'maintenance' of sewer systems and watennain systems, and includes all work incidental thereto other than
work on structures.
Standby'Time:means any'period of time Whji:his'notconsideredWOrkingr~ which together with
the Working Tune does not exceed ''1 0 'hours,in'.any;one1Working;Oaycand',dudrig"which time a unit of
,equipment cannot practically be used onotber;work-butJ1lUSt:nlmain:mr.tbe:site::in.orderto.continue with
'its'assigned 1askand during which time the unit is in fully operable condition.
Structure Work: means the construction, reconstruction, repair,' alteration, remodelling, renovation or
, demolition of any ,bridge, building, tunnel or retaining wall and includes the preparation for and the laying of
the foundation of any'bridge, buUding, tunnel or'retaining waD and the Installalion of equipment and
appurtenances incidental thereto.
The 127 Rate: means the rate for a unit of equipment as listed in'OPSS 127; Schedule of Rental Rates
for Construction Equipment Including Model and Specification Reference, which is current at the time the
work is carried out or for equipment which is not so listed, the rate which has been calculated by the
Owner, using the same principles as used in detennining 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 'payrrient 'on a Time and Material basis. The Work on a Time
and Material Basis shall be subject to all the terms, conditions, specifications and provisions of the
Contract.
, Working Time: means each period of time during which a unit of equipment is actively and of necessity
engaged on a specific operation and the first 2 hours of each,lmmediatelyfollowing period during which
the unit is not so engaged but during which the operation.is,otherwise',proceedlngand during ,which time
the unit cannot practically be transferred toolherwork but mustremain'on the site in order to continue with
its assigned tasks and during which time the.unitis in a fully operable condition.,.
GC 8.02.04.02
Dally Work Records
.01' Daily Work Records prepared as the case may be by either the Contracto~s representative or the
, Contract Administrator and' reporting the labour and Equipment employed and the Material used on
each Time and Material project, shall be reconciled and signed each day by both the Contracto~s
representative and the Contract Administrator.
GC 8.02.04.03
Payment for Work
.01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do
the Work on a Time and Material Basis except where there is agreement to the contrary prior to the
commencement of the Work on a TIme and Material Basis. The payment adjustments on a Time and
Material basis shall apply to each Individual Change Order authorized by the Contract Administrator.
OPS 0enenIl CondIllons 01 Conncl- Sepl8mber 18911
Pege 41
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GC 8.02.04.04
Payment for Labour
.01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of
the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of
$3000.
.02 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at
the Contractor's actual cost of Payroll Burden.
.03' .At. the Owner's discretion, an audit may be conducted in which case the actual Payroll Burden so
determined shall be applied to all Time and Material work on the Contract
GC 8.112.04.05
Payment for Material
........r'
.01 The Owner will pay the Contractor for Material used on each Tune and Material project at 120% of the
.~ of the Material up to $3000, then at 115% of any portion of the Cost of Material In excess of
':'S$lboo. 'c- .
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GC '8:02..'04.06 Payment for Equipment
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GC 8.02.04.06.01
Working Time
.01 The Owner will pay the Contractor for the Working Tune of all equipment other than Rented
EqUipment and Operated Rented Equipment used on the Work on a Tune and Material basis at The
."'127 Rates with a cost adjustment as follows:
a) Cost $10,000 or less -no edjusbnent;
b) Cost greater than $10,000 but not exceeding $20.000 - payment $10,000 plus 90% of the portion
in excess of $10,000; and
c) Cost greater than $ 20,000 -$19.000 plus 80% of the portion in excess of $20,000.
.02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a
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 TlITle and
" M8terial Basis.
GC 8;02lo4;06.02
';\l"P
Standby Time
.01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by
the Contract Administrator. This will Include Rented Equipment intended for use on other work, but
has been idled due to the circumstances giving rise to the Work on a Tune and Material Basis.
.02 In addition. the Owner will inciude the Cost of Labour of operators or associated labourers who
cannot be otherwise employed during the standby period or during the period of idleness caused by
the circumstances giving rise to the Work on a Time and Material Basis.
.03 The Contract Administrator may require Rented equipment idled by the circumstances giving rise to
the Work on Time and Material Basis to be returned to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such retum.
P_42
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.04 When Equipment is transported, solely for the purpose of the WOl1t on a Time and Material Basis. to
or from the WOlking Area on a Tlrne and Material basis, payment will be made by the Owner only in
respect of the transporting units. When, Equipment is moved under its own power it shall be deemed
to be working. The method of moving Equipment and the rates shall be subject to the approval of the
Contract Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 Notwilhstandingany.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 arranges forWorkon aTime and Material Basis,or.a part ofit, to beperfonned
, tly SUbcontraclOrs.,on . a ,-Tune ' and. ,Material .,basiS".and...f1as~ived.appcpv.al,prior to the
." 'commencement 'of.'such:.worl<:~in acoorcIance witl:l2:Jher-.lequirements.;ofiiSubsectiOIl,' GC 3.10.
,." SubContracting by the COi1lraclOl; the Owner win paythe:cost'ofW~..on..a'~une!and-1Material Basis
by1he Subcontractor calculatedllSif the Contractor had.donethe-Worf<r.oIWliTlmEl\and.Material Basis,
plus 'a markup calculated on the following basis: '
a) 20% of the first $3,000; plus
b) 15% of the amount from $3,000 to $10,000; plus
c) 5% of the amount in excess of $10,000.
;02 ..No further markup,wiU be appfledregardless.of.the extent towhlch.the work is assigned or. sublet to
, '. othels; If workis,8ssignedor,sublet-.to an.associate,.asdefinedbylhe, Securities Act no markup
whatsoever will be applied. .
GC 8.02.lI4.09
Submission of Invoices
.01 At the start of the WOl1ton a Time and Material Basis, the Contractor ,shall .provlde,the, applicable ,
. labour and Equipment rates not already submitted to. the Contract Administrator during the course of
such work.
.02 . Separate,summariesshan be'completed by the Contractor according to thestaoliard for:m,.Summ8lY ' '
for Payment of Accounts on a Time.and Material Basis.., Eachsummaryshall,include,the order
number and covering dates of the work and shall itemize separately labour, Materials and Equlpmenl
,Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on the WOl1t
on a Time and Material Basis shall be included witheach.summary.~.,.,.,," . c""... " ,....c.
:03 Each month the ContractAdminislralOl'wiU incIude.with the.lTIO,llthly,p(l),9~~~~cate, the
costs of the Work on a Time and Material Basis incUrred -during the pieceding month all in
accordance with the contract administrative procedures and the Contractor's invoice of the WOl1t 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 WOl1t on a Time and Material Basis.
GC 8.02.05
Final Acceptance Certificate
.01 Alter the acceptance of the Work .the Contract Administrator will issue the Final AcCeptance
Certificate, or, where applicable, after the Warranty Period has expired. The Final Acceptance
Certificate will not be issued until all known deficienclas have been adjusted or corrected, as the case
may be, and the Contractor has discharged all obligations under the Contract.
OPS General Cond_ 01 ~ - s..,Ae.,lber 1m
P8ge43
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GC 8.02.06
Payment of Workers
.01 The Contractor shall, in addition to any fringe benefits, pay the workers employed on the Work in
accordance with the labour conditions set out in the Contract and at intervals of not less than twice a
month.
.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the WOrkers
employed by the Subcontractor on the Work in accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is
paid less than the amount required to be paid under the Contract, the OWner may set off monies in
accordance with clause GC 8.02.03.11. Owner's Set-otf.
GC 8.02.07
Records
.01 The Contractor shan maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. Such Records shall be of sufficient detail to support the
total cost of the Work, Changes in the Work, and Extra Work. The Contractor shall preserve all such
.' original Records until 12 months after the Final Acceptance Certificate is issued or until an claims
have been seWed, whichever Is longer. The Contractor shall require that SubOOllb....b..rs 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 lime.
.02 If, in the opinion of the Contract Administrator, DaDy Work Records are required, such records shall
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Dally Work Records shan be reconciled with and signed by the Contractor's representative each
day.
.03 The Owner may inspect and audit the Contractor's Records relating to the Work, Extra Work and
Changes in the Work at any time during the period of the Contract. The Contractor shall supply .
certified copies of any part of Its Records required whenever requeSted by the OWner.
GC 8.02.08
Taxes and Duties
.01 Where a change in Canadian Federal or Provincial taxes occurs after the date of tender closing tor
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 tor compensation for additional tax cost shan 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 shaB be submitted not less than 30 Days after the date of FInal Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a
statement of such benefits. This statement shall be submitted not later than 30 Days after Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which Impact upon commodities, which when left in
. place form part of the finished Work, or the provision of services, where such services tonn part of the
Work and where the manufacture or supply of such commodities or the provision of such services Is
carried out by the Contractor or a Subcontractor, are subject to a cialm or benefit as detailed above.
Services in the latter context means the supply and operation of equipment, the provision of labour
and the supply of commodities, which do not fonn part of the Work.
p....
OPS Gene.... CondIlIona of Conlroct. September '899
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GC 8.02.09
Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work
in accordance with the Contract. the Contractor shan pay such amounts as are specified in the
Contract Documents.
OPS o.norw' co..cs-.. 01 Contrwa - ~ 1-
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