HomeMy WebLinkAbout2004-202
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004- 202
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Harnden &
King Construction Inc., Ajax, Ontario, to enter into agreement
for the asphalt resurfacing, various streets.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Harnden & King Construction Inc., Ajax, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 13th
day of September
,2004.
,2004.
By-law read a third time and finally passed this 13th day of September
~4il~~
Mayo, ' : , .._ : _-
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
ASPHALT RE-SURFACING
VARIOUS STREETS-2004
CONTRACT NO. CL2004-34
AUGUST 2004
~~
archi1:ects
planners
TSH No. 12-29382
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AGREEMENT
THIS AGREEMENT made in quadruplicate
BETWEEN: HARNDEN & KING CONSTRUCTION INC.
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 I of 3
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DESCRIPTION OF THE WORK AND LIST OF DOCUMENTS
CONTRACT NO. CL2004-34, ASPHALT RE-SURFACING, VARIOUS STREETS, 2004
ADDENDUM NO.1, dated August 19, 2004
ADDENDUM NO.2, dated Auguts 20, 2004
A. TENDER FORM: General Pages 1 and 2
Itemized Bid Pages 3 - 5
Bonds
Schedule of Tender Data Page 7
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages 1 to 5
D. SPECIAL PROVISIONS - GENERAL Pages 1 to 11
E. SPECIAL PROVISIONS - TENDER ITEMS Pages 1 to 3
F. STANDARDS
G. PLANS: Map No.1, Drawings No.1 and 2
H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications.
(JPSS.;No. nat~ OPSS.No. Date OMS No. Dat" .'...," .:',
127 Current 201 Nov. 2003 310 Nov. 2002 408 Nov. 2001
128 Current 206 Nov. 2000 314 Dec. 1993 510 Apr. 2003
330 Mav, 1994 532 June 1991
I. GEOTECHNICAL INVESTIGATION (Borehole Logs)
J. QUANTITY SHEETS: Sheet 1 to Sheet 2
K. 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 15, 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: HARNDEN & KING CONSTRUCTION INC.
in the presence of
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Date
in the presence of
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CORPORATION OF
THE (jf;;;;;;GTON
5~ 11-,;).OO~
John M tton, Mayor
SIGNED and sealed by the Purchaser:
-----~
. /
P129382/Specs/20437 - TF-Agreemenl.doc
Page 3 of 3
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CONTRACT NO. CL2004-34
MUNICIPALITY OF CLARINGTON
ASPHALT RE-SURFACING VARIOUS STREETS - 2004
ADDENDUM NO.1
Contractors are hereby advised of the following modifications to Contract No. CL2004-34:
ITEMIZED BID/SPECIAL PROVISIONS - TENDER ITEMS
An additional Item No. E6 - Speed Humps has been included within Section 'E' - Orono Park.
Additional Sections have been included in this Contract:
. Section G - Parking Area - Silver Street and Church Street
. Section H - Animal Shelter Driveway
All tenders must be submitted on the basis of this modification.
This Addendum shall remain attached to and fonn part of all tenders submitted.
TSH
Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 506
. .
August 19, 2004
P1293821SpecslADDLdoc
Attachments: Tender Form Document
Special Provisions - Tender Items
Quantity Sheets No. I and 2
Map No. I
Drawings No. 1 and 2
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DROJECT No.:
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ASPHALT
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Cobourg,Ontario
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TEL: 905-312-2121
FAX: 905-312-3821
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Municipality of Clarlngton
SPEED HUMP BECTIOIt
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AUGUST 2004
DROJECT No.:
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OWG.No.:
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CONTRACT NO. CL2004-34
MUNICIPALITY OF CLARINGTON
ASPHALT RE-SURFACING VARIOUS STREETS - 2004
ADDENDUM NO.2
Contractors are hereby advised of the following modifications to Contract No. CL2004-34:
ITEMIZED BID
No unit prices shall be inserted by the Contractor for items which have zero quantity.
INSTRUCTIONS TO TENDERERS
Clause No. I - General
The closing date is revised to: 2:00:00 P.M., LOCAL TIME, WEDNESDAY, AUGUST 25,2004
All tenders must be submitted on the basis of this modification.
This Addendum shall remain attached to and form part of all tenders submitted.
TSH
Engineers Architects Planners
513 Division Street
Cobourg, Ontario K9A 5G6
August 20,2004
PI29382/Specs/ADD2.doc
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PROJECT:
AUTHORITY:
CONTRACT ADMINISTRATOR:
TENDERER:
. ,
TENDERS RECEIVED BY:
PI 12.29382/Specsn0437. TF-Signing.doc
TENDER FOR CONTRACT NO. CL2004-34
ASPHALT RE-SURFACING, VARIOUS STREETS, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
TSH
ENGINEERS, ARCHITECTS and PLANNERS
513 DIVISION STREET
COBOURG, ONTARIO. K9A 5G6
Telephone: 905-372-2121 Fax: 905-372-3621
HARNDEN & KING CONSTRUCTION INC.
Name
83 Orchard Road
AJAX, Ontario. LIS 6K9
Address (include Postal Code)
905-426-6922
Telephone and Fax Numbers
905-619-9227
Rob Rodgers
Name of Person Signing
General Manager
Position of Person Signing
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario.
LIC 3A6
Page I of 7 pages
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TENDER CONTRACT NO. CL2004-34
To: The Mayor and Members of Council
Corporation of the Municipality of Clarington
Re: Contract No. CL2004-34
Asphalt Re-5urfacing, Various Streets, 2004
Dear Mayor and Members of Council:
The Contractor has carefully examined the Plans, Provisions, Specifications and Conditions described herein as
part of the work to be done under this Contract. The Contractor understands and accepts the said Plans,
Provisions, Specifications and Conditions, and, for the prices set forth in this Tender, hereby offers to furnish
all machinery, tools, apparatus and other means of construction, furnish all materials, except as otherwise
specified in the Contract, and to complete the work in strict accordance with the said Plans, Provisions,
Specifications and Conditions.
The Contractor understands and accepts that the quantities shown are approximate only, and are subject to
increase, decrease, or deletion entirely if found not to be required.
Attached to this tender is a bid deposit in the amount specified in Clause 3 of the Instructions to Tenderers,
made payable to the Authority. This cheque or bid bond shall constitute a deposit which shall be forfeited to the
Authority if the successful Contractor fails to file with the Authority a 100% Performance Bond, and a 100%
Labour and Material Payment Bond, satisfactory to the Authority within ten (10) calendar days from the date of
receipt of Notice of Acceptance of the Tender.
Notification of acceptance may be given and delivery of the form of Agreement made by prepaid post,
addressed to the Contractor at the address contained in this Tender.
. ,
Page 2 of 7 pages
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ITEMIZED BID
CONTRACT NO. CL2004-34
In accordance with the fIrst paragraph of this Tender, the Contractor hereby offers to complete the work specifIed for
Contract No. CL2004-34 for the following unit prices.
Soec. No. The numbers in this column refer to the aoolicable issue of the Ontario Provincial Standard Soecifications
SP Refers to Special Provisions
(P) Plan Ouantity Pavment Item
Item >
No. Spec No. Descriptio!!, . Unit Quantitv.. Unit Price ToW
SECTION 'A' - BLOOR STREET - HOLT ROAD TO MAPLE GROVE ROAD
Al 310 Hot Mix, H.L.-3 t 600 50.00 30,000.00
SP
A2 310 Hot Mix H.L.-4 t 0 -
SP
A3 310 Hot Mix H.L.-8 t 750 46.55 34,912.50
SP
A4 314 Granular' A' t 5,000 15.54 77,700.00
A5 330 In-place Full Depth Reclamation of m2 6,200 2.36 14,632.00
SP Bituminous Pavement and Underlying
Granular
Sub-Total, Section 'A' $ 157,244.50
SECTION 'B' - BLOOR STREET - SOLINA ROAD TO HOLT ROAD
BI 310 Hot Mix, H.L.-3 t 1,125 50.00 56,250.00
SP
B2 310 Hot Mix H.L.-4 t 0 -
SP
B3 310 Hot Mix H.L.-8 t 1,400 46.55 65,170.00
SP
B4 314 Granular' A' t 6,600 16.77 110,682.00
B5 330 In-place Full Depth Reclamation of m2 12,000 2.50 30,000.00
SP Bituminous Pavement and Underlying
Granular
Sub-Total, Section 'B' $ 262,102.00
SECTION 'C' - McCALLUM STREET - TAUNTON ROAD TO 480 METRES NORTHERLY
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CI 310 Hot Mix, H.L.-3 t 0 -
SP
C2 310 Hot Mix H.L.-4 t 395 53.65 21,191.75
SP
C3 310 Hot Mix H.L.-8 t 0 -
SP
C4 314 Granular' A' t 580 18.52 10,741.60
C5 330 In-place Full Depth Reclamation of m2 2,950 4.29 12,655.50
SP Bituminous Pavement and Underlying
Granular
Sub-Total, Section 'C' $ 44,588.85
Page 3 of 7 pages
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ITEMIZED BID
CONTRACT NO. CL2004-34
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2004-34 for the following unit prices.
Soec. No. The numbers in this column refer to the aoolicable issue of the Ontario Provincial Standard Soecitications
SP Refers to Special Provisions
(P) Plan Quantity Payment Item
Item
No. Spec No. J)e,scriution Unit Quantity Unit Price Total
SECTION '0' - McKNIGHT ROAD - COURTICE COURT TO SOUTH END
DI 310 Hot Mix, H.L.-3 t 0 -
SP
D2 310 Hot Mix H.L.-4 t 0 -
SP
D3 310 Hot Mix H.L.-8 t 170 60.43 10,273.10
SP
D4 314 Granular' A' t 0 -
D5 330 In-place Full Depth Reclamation of m2 0 -
SP Bituminous Pavement and Underlying
Granular
Sub-Total, Section '0' $ 10,273.10
SECTION 'E' - ORONO PARK - ENTRANCE FROM PRINCESS STREET TO PARKING LOT
EI 310 Hot Mix, H.L.-3 t 0 -
SP
E2 310 Hot Mix H.L.-4 t lIO 76.76 8,443.60
SP
E3 310 Hot Mix H.L.-8 t 0 -
SP
E4 314 Granular' A' t 0 -
E5 330 In-place Full Depth Reclamation of m2 732 7.19 5,263.08
SP Bituminous Pavement and Underlying
Granular
E6 310, 510 Speed Humps ea 3 595.50 1,786.50
SP
. , Sub-Total, Section 'E' $ 15,493.18
PROVISIONAL ITEMS:
SECTION 'F' - PRESTONV ALE ROAD - From 700 metres south of Bloor Street to Glen Abbey Drive
FI 310 Hot Mix, H.L.-3 t 1,470 51.02 74,999.40
SP
F2 310 Tack Coat m2 13,600 0.36 4,896.00
F3 408 Adjusting or Rebuilding Maintenance ea 57 432.35 24,643.95
SP Holes, Catchbasins, Ditch Inlets and
Valve Chamber
F4 510 Removal of Asphalt Pavement - partial m2 10,000 1.88 DELETED
SP Deoth
Sub-Total, Section 'F' $ 104,539.35
Page 4 of 7 pages
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ITEMIZED BID
CONTRACT NO. CLZ004-34
In accordance with the first paragraph of this Tender, the Contractor hereby offers to complete the work specified for
Contract No. CL2004-34 for the following unit prices.
Soec. No. The numbers in this column refer to the aoolicable issue of the Ontario Provincial Standard Soecifications
SP Refers to Special Provisions
(Pl Plan Quantity Pavment Item
Item "
No. S~No. Descriotioll Unit Quantitv Unit Price Total
,
SECTION 'G' - PARKING AREA - Northeast quadrant of Silver Street and Church Street
G1 201 Clearing and Grubbing ea 1 1,786.49 1,786.49
G2 206 Earth Excavation, Grading m3 350 14.64 5,124.00
SP
G3 314 Limestone Screenings (50 mm Depth) m2 900 4.97 4,473.00
G4 314 Granular' A' t 310 24.09 7,467.90
G5 314 Granular 'B', Type I t 500 13.62 6,810.00
G6 510 Cutting Existing Pavement m 75 11.91 893.25
G7 510 Removal of Asphalt Pavement - Full m2 325 9.17 2,980.25
SP Depth
Sub-Total, Section 'G' $ 29,534.89
SECTION 'H' - ANIMAL SHELTER DRIVEWAY - Southeast quadrant of Liberty Street and Lake Road
HI 310 Hot Mix H.L.-4 t 110 89.31 9,824.10
SP
Sub-Total, Section 'H' $ 9,824.10
SUMMARY: Sub-Total, Section' A' $ 157,244.50
Sub-Total, Section 'B' $ 262,102.00
Sub-Total, Section 'C' $ 44,588.85
Sub-Total, Section 'D' $ 10,273.10
. , Sub-Total, Section 'E' $ 15,493.18
Sub-Total, Section 'F'(Provisional) $ 104,539.35
Sub-Total, Section 'G' $ 29,534.89
Sub-Total, Section 'H' $ 9,824.10
Total (excludin" GST) $ 633,599.97
GST (7% of Total) $ 44,352.00
TOTAL TENDER AMOUNT $ 677,951.97
Tenderer's GST Registration No. 866 800 857
PI293821Specsl20437-ltemBid(rcvADDI) Signing.xls
Page 5 of 7 pages
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AGREEMENT TO BOND (to be completed by Bondin2 Company)
CONTRACT NO. CL2004-34
WE, the Undersigned, HEREBY AGREE to become bound as Surety for
HARNDEN & KING CONSTRUCTION INC.
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.CL2004-34 is accepted by the Authority.
IT IS A CONDITION of this Agreement that if the above mentioned Tender is accepted, application
for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN
(10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void.
DATED AT TORONTO
23rd
day of
2004
this
Aujtust
THE GUARANTEE COMPANY OF NORTH AMERICA
Name of Bonding Company
Kathy Ness
Signature of Authorized Person
Signing for Bonding Company
(BONDING COMPANY SEAL)
. ,
Attorney-in-Fact
Position
(This Form shall be completed and attached to the Tender Submitted).
Page 6 of 7 pages
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SCHEDULE OF TENDER DATA
CONTRACT NO, CL2004-34
The work specified in the Contract shall be performed in strict accordance with the following Schedule:
A. TENDER FORM: General Pages I and 2
Itemized Bid Pages 3 - 5
Agreement to Bond Page 6
Schedule of Tender Data Page 7
B. STANDARD TERMS AND CONDITIONS
C. INSTRUCTIONS TO TENDERERS Pages I to 5
D. SPECIAL PROVISIONS - GENERAL Pages I to 11
E. SPECIAL PROVISIONS - TENDER ITEMS Pages I and 3
F. STANDARDS
G. PLANS: Map No. I, Drawings No. I and 2
H. STANDARD SPECIFICATIONS: It shall be the Contractor's responsibility to obtain the applicable
edition of the following Ontario Provincial Standard Specifications.
OPSSl\!o. Date Ol'S$No. Date )OPSS No; Date OPSS:Njj,'! ' nllte ','
127 Current 201 Nov. 2003 310 Nov. 2002 408 Nov. 2001
128 Current 206 Nov. 2000 314 Dec. 1993 510 Apr. 2003
330 Mav, 1994 532 June 1991
I. GEOTECHNICAL INVESTIGATION (Borehole Logs)
J. QUANTITY SHEETS: Sheet I to Sheet 2
K. 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. CL2004-34, executed by me/us bearing date the 25th day of August 2004
and we have fully read all related documents to tender data as listed above.
SIGNATURE:
'.
~,,~.: -,:_::--:-~ ~~"#"'''''''~
~"').i'M.anag;;-<{\
:-,: ::-
- -. . -
POSITION:
NAME OF FIRM:
G CONSTRUCTION INC.
~ It'f?MPANY SEAIJ -;c ~
--:..#~'-.~ _.-,::.:.....-;
"". -../ ---. --+_.....;;- ,....'-
Privacy Lel!islation ., ..". -....... ..'
Federal legislation governs the collection and use of personal information from individuals. We represent and ~arr.ant ttTtfreo~'that
we have obtained the CONSENT of any and all employees whose personal information we have supplied to the own~ In lhis't~nder.
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 infonnation may also be used in
project administration. for contact purposes.
This is Page 7 of 7 Pages to be submitted as the Tender Submission for Contract No. CL2004-34.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-34
, ..\
STANDARD TERMS AND CONDITIONS
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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 of the "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 (September 1999) which requires a
$5,000,000.00 liability coverage.
. Clause 26 of the "Standard Terms and Conditions" shall be superceded by Clause 18,
"Workplace Hazardous Materials Information System (WHMIS)".
. ,
p/12.293821SpecsfT&C.doc
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, ~ 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 apply for the calling, receiving, and opening of bids. The Municipality will be responsible for
evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law.
The bid must be submitted on the form(s) and in the envelope supplied by the Municipality unless
otherwise provided herein. The envelope must not be covered by any outside wrappings, I.e. courier
envelopes or other coverings.
The bid must be signed by a designated signing officer of the Bidder.
If a joint bid is submitted, it must be signed on behalf of each of the Bidders.
The bid must be legible, written in ink, or typewritten, Any form of erasure, strikeout or over-writing
must be initialled by the Bidder's authorized signing officer.
The bid must not be restricted by a covering letter, a statement added, or by alterations to the
document unless btherwise provided herein,
Failure to return the document or invitation may result in the removal of the Bidder from the
Municipality's bidder's list.
A bid received after the closing date and time will not be considered and will be returned, unopened.
Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning,
intent or ambiguity, the decision of the Municipality shall be final.
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3.
STANDARD TERMS AND CONDITIONS (continued)
CONTRACT
The contract consists of the documents aforementioned.
The contract and portions thereof take precedence in the order in which they are named above,
notwithstanding the chronological order in which they are issued or executed.
The intent of the contract is that the Company shall supply work which is fit and suitable for the
Municipality's intended use and complete for a particular purpose.
None of the conditions contained in the Bidder's standard or general conditions of sale shall be of
any effect unless explicitiy agreed to by the Municipality and specifically referred to in the purchase
order.
4.
CLARIFICATION OF THE DOCUMENT
Any ciarification of the document required by the Bidder prior to submission of its bid shall be
requested through the Municipality's contact identified in the document. Any such clarification so
given shall not in any way alter the document and in no case shall oral arrangements be considered.
Every notice, advice or other communication pertaining thereto will be in the form of a written
addendum.
No officer, agent or employee of the Municipality is authorized to alter orally any portion of the
document.
5.
PROOF OF ABILITY
The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as
well as that of any proposed subcontractor, to perform the work by the specified delivery date.
6,
DELIVERY
Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by
the Company as soon as possible and in any event within the period set out herein as the
guaranteed period of delivery or completion after receipt of a purchase order therefor.
A detailed deiivery 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 ijcket'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.
STANDARD TERMS AND CONDITIONS (continued)
7.
PRICING
Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination.
Prices shall be finn 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
infonnation or clarification on any point, it must be obtained prior to the submission of the bid.
Payment shall be full compensation for all costs related to the work, including operating and
overhead costs to provide work to the satisfaction of the Municipality.
All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other
charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax
shall be extra and not shown, unless othelWise specified herein.
If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall
arrange its shipping procedures so that its agent or representative in Canada is the importer of
record for customs purposes.
Should any additional tax, duty or any variation in any tax or duty be imposed by the 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,
8.
TERMS OF PAYMENT
Where required by the Construction Lien Act appropriate monies may be held back until 60 days
after the completion of the work,
Payments made hereunder, including final payment shall not relieve the company from Its obligations
or liabilities under the contract.
Acceptance by the company of the final payment shall constitute a waiver of ciaims by the company
against the Municipality, except those previously made in writing in accordance with the contract and
stili unsettled.
The Municipality shall have the right to withhold from any sum otherwise payable to the company
such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction
of it.
Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract
requirements being completed and work being deemed satisfactory,
9,
PATENTS AND COPYRIGHTS
The company shall, at its expense, defend all claims, actions or proceedings against the Municipality
based on any allegations that the work or any part of the work constitutes an infringement of any
patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages,
charges and expenses, including its lawyers' fees on a solicitor and his own client basis occasioned
to the Municipality by reason thereof.
The company shall pay all royalties and patent license fees required for the work.
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9.
10.
11.
STANDARD TERMS AND CONDITIONS (continued)
PATENTS AND COPYRIGHTS- confd
If the work or any part thereof is in any action or proceeding held to constitute an infringement, the
company shall forlhw~h either secure for the Municipality the right to continue using the work or shall
at the company's expense, replace the infringing work with non-infringing work or modify it so that
the work no longer infringes.
ALTERNATES
Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be
final. Any bid proposing an altemate will not be considered unless otherwise specified herein.
EQUIVALENCY
Any opinion determined by the Municipality with respect to equivalency shall be final.
12.
ASSIGNMENT AND SUBCONTRACTING
The company shall not assign or subcontract the contract or any portion thereof without the prior
written consent of the Municipality.
13.
FINANCING INFORMATION REQUIRED OF THE COMPANY
The Municipality is entitled to request of the Company to fumish reasonable evidence that financial
arrangements have been made to fulfill the Municipality's obligations under the Contract.
14.
LAWS AND REGULATIONS
The company shall comply with relevant Federai, Provincial and Municipal statutes, regulations and
by-laws pertaining to the work and its performance. The company shall be responsible for ensuring
similar compiiance by suppliers and subcontractors.
The contract shall be governed by and interpreted in accordance with the laws of the Province of
Ontario.
15.
CORRECTION OF DEFECTS
. ,
If at any time prior to one year after the actual delivery date or completion of the work (or specified
warranty/guarantee period if longer than one year) any part of the work becomes defective or is
deficient or fails due to defect in design, material or workmanship, or otherwise faiis 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.
STANDARD TERMS AND CONDITIONS (continued)
BID ACCEPTANCE
The Municipality reserves the right to award by item, or part thereof, groups of items, or parts
thereof, or all items of the bids and to award contracts to one or more bidders submitting identical
bids as to price; to accept or reject any bids in whole or in part; to waive 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 90 days after the official closing time.
The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award
to a bidder by the Municipaiity shall conslilute 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 Municipaiity; or
fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations,
by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work
with skill and diligence; or assigns or sublets the contract or any portion thereof without the
Municipality's prior written consent; or refuses to correct defective work; or is otherwise in
default in carrying out its part of any of the terms, conditions and obligations of the contract,
then, in any such case, the Municipality may, upon expiration of ten days from the date of
written notice to the company, terminate the contract.
c. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to
any other rights or remedies the Municipality may have and without incurring any liability
whatsoever in respect thereto.
d. If the Municipality terminates the contract, it is entitled to:
i) take possession of all work in progress, materiais and construction equipment then
at the project site (at no additional charge for the retention or use of the construction
equipment), and finish the work by whatever means the Municipality may deem
appropriate under the circumstances;
ii) withhold any further payments to the company until the completion of the work and
. the expiry of all obligations under the Correction of Defects section;
iii) recover from the company loss, damage and expense incurred by the Municipality
by reason of the company's default (which may be deducted from any monies due
or becoming due to the company, any balance to be paid by the company to the
Municipality).
18.
CONTRACT CANCELLATION
The Municipality shali have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation,
the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to
the Company for loss of anticipated profit on the cancelled portion or portions of the work.
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19.
20.
STANDARD TERMS AND CONDITIONS (continued)
QUANTITIES
Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be
accurate, are furnished without any liability on behalf of the Municipality and shall be used as a basis
for comparison only.
Payment will be by the unit complete at the bid price on actual quanttties deemed acceptable by the
Municipality.
SAMPLES
Upon request, samples must be submitted strictly in accordance with instructions. If samples are
requested subsequent to opening of bids, they shall be delivered within three (3) working days
following such request, unless additional time is granted. Samples must be submitted free of charge
and wili be returned at the bidder's expense, upon request, provided they have not been destroyed
by tests, or are not required for comparison purposes.
The acceptance of samples by the Municipality shali be at its sole discretion and any such
acceptance shall in no way be construed to imply relief of the company from its obligations under the
contract.
Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where
applicable,
21.
SURETY
The successful tenderer shall, if the Municipality in its absolute discretion so desires, be required to
satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or
money order or other fonn of surety, in an amount determined by the Municipality. This surety may
be held by the Municipality until 60 days after the day on which all work covered by the contract has
been completed and accepted, The surety may be returned before the 60 days have elapsed
providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out
the work have expired or have been satisfied and that a Certificate of Clearance from the (WSIB)
Workplace Safety and Insurance Board Board has been received.
The company shall, if the Municipality in its absoiute discretion so desires, be required to satisfy
fidelity bonding requirements by providing such bonding in an amount and fonn detennined 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.
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22.
WORKPLACE SAFETY AND INSURANCE BOARD
All of the Company's personnei 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 shali be provided prior to the commencement of Work
indicating all payments by the Company to the Board have been made. Prior to final payment, a
Certificate of Clearance must be issued indicating all payments by the Company to the Board in
conjunction with the subject Contract have been made and that the Municipality will not be liable to
the Board for future payments in connection with the Company's fulfilment of the contract. Further
Certificates of Clearance or other types of certificates shall be provided upon request.
STANDARD TERMS AND CONDITIONS (continued)
23.
INSURANCE
The company shall maintain and pay for Comprehensive General Liability insurance inciuding
premises and all operations. This insurance coverage shall be subject to limits of not less than
$3,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such
other coverage or amount as may be requested.
The policy shall include the Municipality as an additional insured in respect of all operations
performed by or on behalf of the Company. A certified copy of such policy or certificate shall be
provided to the respective participant prior to commencement of the work. Further certified copies
shall be provided upon request.
24.
L1ASI L1TY
The company agrees to defend, fully indemnify and save harmless the Municipality from all actions,
suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury
including death to any person and all damage to any property which may arise directly or indirectly by
reason of a requirement of the contract, save and except for damage caused by the negligence of
the Municipality or its employees.
The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all
charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality
or any of its employees shall be made a party to any charge under the Occupational Health and
Safety Act in reiation to any violation of the Act arising out of this contract.
25.
VISITING THE SITE
The Company shall carefully examine the site and existing building and services affecting the proper
execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions.
No claim for extra payment will be allowed for work or difficulties encountered due to conditions of
the site which were visible or reasonably inferable, prior to the date of submission of Tenders.
Bidders shall accept sole responsibility for any error or neglect on their part in this respect.
26.
SAFETY
The Company shaii 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 Occupationai 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 employees and
subcontractors informed of such regulations.
The Company shall provide Material Safety Data Sheets (MSDS) to the Municipaiity for any supplied
Hazardous Materials.
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27.
28.
29.
30.
31.
STANDARD TERMS AND CONDITIONS (continued)
UNPAID ACCOUNTS
The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating
to the work. The Municipality shall have the right at any time to require satisfactory evidence that the
work in respect of which any payment has been made or is to be made by the Municipality is free
and clear of liens, attachments, claims, demands, charges or other encumbrances.
SUSPENSION OF WORK
The Municipality may, without invalidating the contract, suspend performance by the company from
time to time of any part or all of the work for such reasonable period of time as the Municipality may
determine.
The resumption and completion of work after the suspension shall be govemed by the schedule
established by the Municipality.
CHANGES IN THE WORK
The Municipality may, without invalidating the contract, direct the Company to make changes to the
work. When a change causes an increase or decrease in the work, the contract price shall be
increased or decreased by the application of unit prices to the quantum of such increase or
decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the
Municipality and the Company. All such changes shall be in wrlling and approved by the
Municipality.
CONFLICT OF INTEREST
No employee or member of Council of the Municipality shall sell goods or services to the Municipality
in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a
Company or own a Company which sells goods or services to the Municipality.
MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (MFIPPAl
All correspondence, documentation, and information provided to staff of the Municipality of
Clarington by every offerer, including the submission of proposals, shall become the property of the
Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of
Privacy Act, and may be subject to release pursuant to the Act.
Offerers are reminded to identify in their proposal material any specific scientific, technical,
commercial, proprietary, or similar confidential information, the disclosure of which could cause them
injury. Complete proposals are not to be identified as confidential.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-34
, ,
INSTRUCTIONS TO TENDERERS
P/12-29382/Specsl20438-IT.doc
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INDEX
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-34
CLAUSE
SUBJECT
PAGE
1. GENERAL .... .................................................................................................. ............ 1
2. BLANK FORM OF TENDER ........................................................................................... 1
3. TENDER DEPOSITS.............................. .................................................... ................... 1
4. BONDS ...... ..... ....... ...... ...... ............... ... ...... ..... ....... ..... ...... ..... ..... ... ........ ..... ........... .,.. 2
5. RIGHT TO ACCEPT OR REJECT TENDERS....................................................................... 2
6. UNACCEPTABLE TENDERS ........... ...... ..... ............. ........................... ..... ....................... 2
7. ABILITY AND EXPERIENCE OF TENDERER .................................................................... 2
8. PROVINCIAL SALES TAX ............................................................................................. 2
9. GOODS AND SERVICES TAX (GST) ............................................................................... 3
10. EXECUTE CONTRACT DOCUMENTS.........................................................................,.... 3
11. COMMENCEMENT OF WORK............................ ............................................................ 3
12. LOCATION.... ....... ...... ...... ................... ..... ..... ....... ..... ,.......... ...... ...... ..... ..... ........... ..... 3
13. SOILS INFORMATION AND CROSS-SECTIONS ................................................................. 3
14. TENDERERS TO INVESTIGATE ..................................................................................... 4
15. INQUIRIES DURING TENDERING........ ...... ...... ..... ............ ...... ..... ..... ...... ..... ...... ..... ........ 4
16. AWARD OF THE CONTRACT ........................................................................................ 4
17. DEFINITION OF OWNER/AUTHORITY AND ENGINEERlCONTRACTADMINISTRATOR........... 4
18. ADDENDA....................... ............................,......,...................................................... 5
19. UTILITIES....................... .................,.................'...... ................................................. 5
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PAGE ONE
INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-34
1.
GENERAL
SEALED Tenders plainly marked "Contract No. CL2004-34 " will be received until:
2:00:00 P.M., LOCAL TIME, MONDAY, AUGUST 23,2004
and shall be addressed to:
Mrs. Patti Barrie, Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. LlC 3A6
2.
BLANK FORM OF TENDER
One copy of the Tender, on the forms provided, shall be submitted. All information requested
shall be shown in the tender, in the space provided.
3.
TENDER DEPOSITS
All tenders shall be accompanied by a certified cheque or a bid bond in the minimum amount
defined below, made payable to the Authority, as a guarantee for the execution of the Contract.
$ 20,000.00 or less
20,000.01 to 50,000.00
50,000.01 to 100,000.00
100,000.01 to 250,000.00
250,000.01 to 500,000.00
500,000.01 to 1,000,000.00
1,000,000.01 to 2,000,000.00
. 2:<JoO,OOO,OI 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. CL2004-34
2.
4. BONDS
The Contractor is required to provide a Performance Bond, and a Labour and Material
Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to
guarantee his faithful performance of this Contract and his fulfillment of all obligations in
respect of maintenance and payment for labour and materials used on this work.
Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or
authorized to carry on business in Canada.
An Agreement to Bond must be submitted with the tender bid. Bonding company standard
"Agreement to Bond" forms are acceptable.
5. RIGHT TO ACCEPT OR REJECT TENDERS
The Authority reserves the right to reject any or all tenders or to accept any tender should it be
deemed to be in its best interest to do so.
Tenders which are incomplete, conditional or obscure, or which contain additions not called
for, erasures, alterations, or irregularities of any kind, may be rejected as informal.
Tenders will not be accepted unless submitted in the envelopes provided,
6. UNACCEPTABLE TENDERS
Each item in the Tender Form shall include a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Authority and the Contract
Administrator will be the sole judge of such matters, and should any tender be considered to be
unbalanced, then it will be rejected by the Authority.
7. ABILITY AND EXPERIENCE OF TENDERER
The Authority reserves the right to reject any tender where satisfactory evidence of sufficient
capital, plant and experience to successfully prosecute and complete the work in the specified
time, is not furnished by the Tenderer.
8. PROVINCIAL SALES TAX
Provincial Retail Sales Tax shall be included in tendered prices for material supplied under this
Contract.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-34
3.
9. GOODS AND SERVICES TAX (GST)
The Tenderer shall NOT include any amount in his tender unit prices for the Goods and
Services Tax. The GST will be shown on each payment certificate and will be paid to the
Contractor in addition to the amount certified for payment and will therefore not affect the
Contract unit prices.
10. EXECUTE CONTRACT DOCUMENTS
Tenders shall be open for acceptance for a period of 30 days after the closing date. After this
time the tender may only be accepted with the consent of the successful Tenderer.
The successful Tenderer shall execute the Contract Documents and furnish the required bonds
within 10 calendar days of receipt of notification of Acceptance of Tender.
Failure by the successful Tenderer to meet the above requirements will entitle the Authority to
cancel the award of the Contract and to retain the tender deposit as compensation for damages
sustained due to the successful Tenderer's default. The Authority may then award the Contract
to one of the other Tenderers or take such other action as it chooses.
11. COMMENCEMENT OF WORK
The successful Tenderer shall commence work at the site within 7 calendar days of the official
commencement date as specified in the written order issued in accordance with GC7 .01.02 of
the General Conditions.
12. LOCATION
a) Bloor Street - Holt Road to Maple Grove Road
b) Bloor Street - Solina Road to Holt Road
c) McCallum Street - Taunton Road to 480 metres northerly
d) McKnight Road - Courtice Court to south end
e) Orono Park - Entrance from Princess Street to parking lot.
Provisional:
f) Prestonvale Road - from 700 metres south of Bloor Street to Glen Abbey Drive
13. SOILS INFORMATION AND CROSS-SECTIONS
A geotechnical investigation has been undertaken on behalf of the Authority. The results
provided are for information only and are not guaranteed by the Authority. A copy of the
Geotechnical Report is included with the Tender Documents as listed in the "Schedule of
Tender Data".
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-34
4.
Design cross-sections may also be viewed for infonnation purposes at the same location.
14. TENDERERS TO INVESTIGATE
Tenderers must satisfy themselves by personal examination of the site and by such other means
as they may prefer as to the actual conditions and requirements of the work.
The Tenderer shall carefully examine all plans and profiles so that the unit prices tendered are
commensurate with the nature of the work.
It shall be the Contractor's responsibility to thoroughly inspect the site of the proposed works,
determine the location of any buried or obstructing services and make satisfactory
arrangements for interference with such service with the proper jurisdictional agency.
15. INQUIRIES DURING TENDERING
The Tenderer is advised that inquiries regarding the interpretation of the plans or
specifications, shall be directed to the Contract Administrator, TSH, Telephone: 905-372-2121,
attention: Garth Watson, P.Eng.
16. AWARD OF THE CONTRACT
The award of this Contract is subject to the approval of Municipality of Clarington.
17. DEFINITION OF OWNER/AUTHORITY AND
ENGINEER/CONTRACTADMINISTRA TOR
Wherever the word "Owner" or "Authority" or "Corporation" appears in this Contract, it shall
be interpreted as meaning the "Corporation of the Municipality of Clarington".
Wherever the word "Ministry", "M.T.C." or "M,T.O" appears it shall be deemed to mean the
"Ministry of Transportation, Ontario" or the "Corporation of the Municipality of Clarington".
Wherever the word "Contract Administrator" or "Engineer" appears in this Contract it shall be
deemed to mean the Consultants, Totten Sims Hubicki Associates, or such other officers, as
may be authorized by the Authority to act in any particular capacity.
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INSTRUCTIONS TO TENDERERS
CONTRACT NO. CL2004-34
5.
18. ADDENDA
The Contractor shall ensure that all addenda issued during the tendering period are attached as
part of the submitted bid. Failure to do so will result in disqualification of the bid.
19. UTILITIES
For additional information regarding existing utilities the Contractor may contact the following
personnel:
Veridian Hydro: Mr. Terence Butler, C.E.T.
Tel: 888-420-0070
Bell Canada: Mr. Ralph Camperon
Tel: 905-433-3632
Enbridge/Consumers Gas: Mr. Frank Cholewa
Tel: 800-361-0621
Ext: 2672
Cable TV Ms. Cindy Ward
Tel: 905-436-4138
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2004-34
- --\
SPECIAL PROVISIONS - GENERAL
PI 12 -29382/Specs/20440-SPG .doc
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INDEX
SPECIAL PROVISIONS-GENERAL
CONTRACT NO. CL2004-34
CLAUSE
SUBJECT
PAGE
1. PLAN QUANTITY ITEMS ..................................................... ..............................1
2. GUARANTEED MAINTENANCE..........................................................................1
3. CONTRACT TIME AND LIQillDATED DAMAGES .................................................1
4. CONTRACTOR'S AUTHORIZED REPRESENTATIVE ............................................. 2
5. OPS GENERAL CONDITIONS .............................................................................2
6. LAYOUT... ................................... ............ .............. ........ ............. ....... ......... .... 2
7. RESTRICTIONS ON OPEN BURNING................................................................... 3
8. PAYMENTS. ....................... ..... ........ ...... ..................... .............. ............ ...... .....3
9. UTJI.ITI~.......................................................................................................3
10. DUST CONTROL..... ................. ............................. ...... ....... ....... ...... ....... ........4
11. TRAFFIC CONTROL, FLAGGING ....................................................................4
12. CONTRACTOR'S SUPPLY OF CONSTRUCTION SIGNS .......................................4
13. MAINTENANCE OF TRAFFIC..........................................................................5
14. EMERGENCY AND MAINTENANCE MEASURES................................................ 5
15. ENGINEERING FIELD OFFICE ........................................................................5
16. MANAGEMENT AND DISPOSAL OF EXCESS MATERIAL.................................... 5
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES.6
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) ......... 7
19. SPILLS REPORTING ...................................................................................... 7
20. PROTECTION OF WATER QUALITy................................................................ 8
21. TRAFFIC AND STREET SIGNS.........................................................................8
22. GARBAGE COLLECTION .... .............. ......................................... ...... ....... ........ 8
23. ASPHALT MIX DESIGNS................................................................................. 9
24. DELIVERY OF TEST SAMPLES........................................................................ 9
25. ENTRY ONTO PRIVATE PROPERTY ................................................................9
26. STORAGE AREAS .......................................................................................... 9
27. GENERAL LIABILITY INSURANCE................................................................ 10
28. CONSTRUCTION LIEN ACT .......................................................................... 10
29. PROPERTY OWNER'S RELEASE OF PRIVATELY OWNED LAND USED BY THE
CONTRACTOR .................................................................................................... 11
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PAGE ONE
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-34
1. PLAN QUANTITY ITEMS
Measurement for payment of the items designated (P) in the itemized bid is by plan quantity, as
may be revised by adjusted plan quantity.
2. GUARANTEED MAINTENANCE
Section GC7.15.02 of the General Conditions is revised in that the Contractor shall guarantee and
maintain the entire work called for under this Contract for a period of twenty-four (24) months.
The Contractor shall make good in a permanent manner, satisfactory to the Authority, any and all
defects or deficiencies in the work, both during the construction and during the period of
maintenance as aforesaid. The Contractor shall commence repairs on any work identified as
defective under this clause within 48 hours of receipt of notice from the Authority or the Contract
Administrator.
The decision of the Authority and the Contract Administrator shall be final as to the necessity for
repairs or for any work to be done under this Section.
3. CONTRACT TIME AND LlQillDATED DAMAGES
(I) Time
Time shall be the essence of this Contract.
For purposes of this Contract, GCl.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 GC 1.06 of the
General Conditions on or before October IS, 2004.
If the contract time above specified is not sufficient to permit completion of the work by the
Contractor working a normal number of hours each day or week on a single daylight shift
basis, it is expected that additional and/or augmented daylight shifts will be required
throughout the life of the contract to the extent deemed necessary by the Contractor to insure
that the work will be completed within the contract time specified. Any additional costs
occasioned by compliance with these provisions will be considered to be included in the
prices bid for the various items of work and no additional compensation will be allowed
therefor.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-34
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 FIVE
HUNDRED DOLLARS ($500.00) 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 setting of the secondary lines and grades from the primary
controls provided. Tools of the trade are interpreted to include but not necessarily be limited to
hand and line levels, boning rods, tape measures, lasers, etc.
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SPECIAL PROVISIONS. GENERAL
CONTRACT NO. CL2004-34
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 fmal detailed statement of the value of all
work done and material furnished under the Contract. As a condition of holdback reduction from
10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.03.07
03)(b) and advertise the Certificate of Substantial Performance per GC8.02.03.04(03).
The Completion Payment Certificate to include statutory holdback release, will be issued within
120 days after the date for completion as specified under GCI.06. The date for interest due to
late payment shall commence following 180 days after the date of completion of the work.
As a condition of the final holdback payment, the Contractor shall provide the required Property
Owner's Releases as specified elsewhere, as appropriate.
The Contractor shall include in his price for the publication of the Certificate of Substantial
Performance. Publication is mandatory whether Contractor requests Substantial Performance or
not.
The Contractor is advised that the Authority may withhold payment on Interim and Holdback
Release Certificates up to 30 calendar days from the date of receipt of the executed Payment
Certificates.
9. UTILITIES .' .,
Sections GC2.01 and GC7.12 02) of the General Conditions are deleted in their entirety and are
replaced by the following:
The Contractor shall be responsible for the protection of all utilities at the job site during the time
of construction.
The Authority will be responsible for the relocation of utilities where required. However, no
claims will be considered which are based on delays or inconvenience resulting from the
relocation not being completed before the start of this Contract.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-34
6.
.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 conunon
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.
17. OCCUPATIONAL HEALTH AND SAFETY ACT 1991- DESIGNATED SUBSTANCES
In accordance with the requirements of Section 18a(l) of the Occupational Health and Safety Act,
the Authority has determined that the designated substances as listed hereunder are present on the
site and within the limits of this Contract.
Designated Identified on this Site Location
Substance
Acrylonitrile No
Arsenic No
Asbestos No
Benzene No
Coke Oven Emissions No
Ethylene Oxide No
Isocynates No
Lead No
Mercury No
Silica No
Vinyl Chloride No
It is the responsibility of the Contractor to ensure that all sub-contractors performing work under
this Contract have received a copy of this specification, where Designated Substances are
identified as being present at the site of the work.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-34 7.
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 IA8
of the location(s) proposed for disposal of Designated Substances. A copy of the notification
shall be provided to the Contract Administrator a minimum of two weeks in advance of work
starting.
In the event that the Ministry of the Environment has concerns with any proposed disposal
location, further notification shall be provided until the Ministry of the Environment's concerns
have been addressed.
All costs associated with the removal and disposition of Designated Substances herein identified,
shall be deemed to be included in the appropriate tender items.
Should a Designated Substance not herein identified be encountered in the work, then
management of such substance shall be treated as Extra Work.
The requirements of Section GC4.03 of the General Conditions of the Contract shall apply.
18. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)
Reporting
Section GC4.03.06 is deleted and replaced with the following:
Prior to the 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
. ..t
provide the relevant Material Safety Data Sheets.
19. SPILLS REPORTING
Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills
or discharges of pollutants or contaminants that are a result of the Contractor's operations that
cause or are likely to cause adverse effects shall forthwith be reported to the Contract
Administrator. Such spills or discharges and their adverse effects shall be as defined in the
Environmental Protection Act R.S.O. 1980.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-34
All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally
illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all
spills or discharges from this equipment that are a result of the Contractor's operations shall,
unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be
reported to the Contract Administrator.
This reporting will not relieve the Contractor of his legislated responsibilities regarding such
spills or discharges.
20. PROTECTION OF WATER QUALITY
At all times, the Contractor shall maintain existing stream flows and shall control all construction
work so as not to allow sediment or other deleterious materials to enter streams.
No waste or surplus organic material including topsoil is to be stored or disposed of within
30 metres of any watercourses. Run-off from excavation piles will not be permitted to drain
directly into watercourses but shall be diffused onto vegetative areas a minimum of 30 metres
from the watercourse. Where this measure is not sufficient or feasible to control sediment
entering the watercourses, sedimentation traps or geotextile coverage will be required.
If dewatering is required, the water shall be pumped into a sedimentation pond or diffused onto
vegetated areas a minimum of 30 metres from the watercourses and not pumped directly into the
watercourses.
No machinery shall enter the creek bed of any watercourse. Movement of construction
equipment in the vicinity of any creeks shall be limited to the minimum required for construction.
The Contractor shall not carry out equipment maintenance or refuelling or store fuel containers
within 100 metres of any watercourse. The Contractor shall not stockpile construction debris or
empty fuel/pesticide containers within the Contract limits,
21. TRAFFIC AND STREET SIGNS
The Contractor will be responsible for the removal and salvage of existing traffic and street signs,
and their delivery' t'o the Authority's Works Department Yard, for re-erection by the Authority
following completion of the work.
Scheduling for sign removal shall be as approved in advance by the Contract Administrator.
Regulatory signs such as "Stop" and "Yield" must be maintained throughout.
22. GARBAGE COLLECTION
8.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CLZ004-34
9.
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.
23. ASPHALT MIX DESIGNS
The Contractor shall be responsible for the provision of current mix designs for all hot mix
asphalt required for the work, or for having the necessary mix designs prepared by a certified
laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to
the Contract Administrator for his approval and no work shall commence until the design mixes
are approved.
All costs associated with the provision of approved mix designs shall be borne by the Contractor.
Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix
required by this Contract.
24. 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 TSH Cobourg.
25. 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.
26. STORAGE AREAS
Clause GC3.06.o'l'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.
SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-34
27. GENERAL LIABILITY INSURANCE
-Parties to the Contract beyond the Contractor, the Owner and the Contract Administrator
must be added as additional insureds (See Clause GC6.03.02.01).
28. 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.
. ,
10.
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SPECIAL PROVISIONS - GENERAL
CONTRACT NO. CL2004-34
11.
29. PROPERTY OWNER'S RELEASE OF PRIV A TEL Y OWNED LAND USED BY THE
CONTRACTOR
Upon completion of the Contract, the Contractor shall provide the Authority with two (2) copies
of a form of release signed by each property owner, upon whose land he has entered for purposes
associated with the Contractor's operations but not for the purpose of undertaking works
stipulated in the Contract:
Date .......................
To:
Re: Contract No. CL2004-34
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 final payment and release
(Name of Contractor)
and the Municipality of Clarington from further obligations.
Yours very truly,
Signature
, ,
Property Owner's Name..,.."".,............... ..Lot..... .Concession,...,.....
Municipality of ........................................
(Please complete above in printing)
Final payment will not be released to the Contractor until all the applicable forms of release have
been signed by the property owners and received by the Authority.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-34
SPECIAL PROVISIONS - TENDER ITEMS
P/12,293B2/specsi20439,SP- TI(rev ADD I ).doc
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PAGE ONE
SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-34
The intended rehabilitation works, in general, include:
Section A - Bloor Street - Holt Road to Maple Grove Road
Pavement Width - 6.5 m
H.L.-3 - 40 mm depth
H.L.-8 - 50 mm depth
Granular' A' - 200 mm depth
Pulverize existing surface and mix into top 100 mm depth of existing granular.
Section B - Bloor Street - Solina Road to Holt Road
Pavement Width - 6.5 m
H.L.-3 - 40 mm depth
H.L.-8 - 50 mm depth
Granular' A' - 150 mm depth
Pulverize existing surface and mix into top 100 mm depth of existing granular.
Section C - McCallum Street - Taunton Road to 480 m Northerly
Pavement Width - 6.1 m
H.L.-4 - 50 mm depth
Granular' A' - 150 mm depth
Pulverize existing surface and mix into top 100 mm depth of existing granular.
Remove 100 mm of mixed material so that proposed top of asphalt grade is consistent with
existing top of asphalt grade.
Section D - McKnight Road - Courtice Court to South End
Pavement Width - 6.5 m
H. L. - 8 - 80 mm depth of base course asphalt after road is reconstructed by others.
Section E - Orono Park
.,
Pavement Width - 6.1 m
H.L.-4 - 50 mm depth
Pulverize existing surface and mix into top 100 mm depth of existing material.
Provisional Section F
Mill and place 40 mm H.L.-3.
Section G - Parking Area - Silver Street and Church Street
Limestone Screenings - 50 mm depth
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-34
2.
Granular 'A' - 150 mm depth
Granular 'B' - 300 mm depth
Excavation of existing material to accommodate this material.
Section H - Animal Shelter Driveway
Pavement Width - 6.0 m
H.L.-4 - 50 mm depth, including fine grading of existing granular.
HOT MIX, H.L.-3 - ITEMS NO. AI, BI, Provisional Item No. FI
HOT MIX, H.L.-4 - ITEMS NO. C2, E2, HI
HOT MIX, H.L.-8 - ITEMS NO. A3, B3, D3
The Contractor shall supply all materials required for the proper execution of the paving work in
accordance with OPSS 310. Asphalt cement supplied shall be performance grade asphalt cement grade
58128.
Under Item No. HI, the Contractor shall include the cost of the fme grading of the existing granular
surface prior to placement of the Hot Mix H.L.-4.
IN-PLACE FULL DEPTH RECLAMATION OF BITUMINOUS PAVEMENT AND
UNDERLYING GRANULAR - ITEMS NO. AS, BS, CS, ES
Included under these Items, are the costs associated with grading, compacting, removal and disposal of
excess material in order to meet existing grade elevations where new pavement meets existing
pavement.
For Items No. A5 and B5, the cost for stripping removal and disposal of existing organic material on
the existing road shoulder/platform is to be included in the Items.
For Item No. C5, the costs associated with grading, removal and disposal of a 100 mm depth of mixed
material, compacting is to be included in the Item.
SPEED HUMP - ITEM NO. E6
The speed humps are to be constructed across the width of the new pavement at the locations directed
by the Contract Administrator.
Under this Item, all costs associated with milling, removal and disposal of the "milled" asphalt, the
supply, placement, forming and compaction of the speed hump shall be included.
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SPECIAL PROVISIONS - TENDER ITEMS
CONTRACT NO. CL2004-34
3.
ADJUSTING MANHOLES, CATCHBASINS AND DITCH INLETS (PROVISIONAL) -
ITEM NO. F3
This Item shall include the work required to adjust the existing catchbasin grates and manhole covers as
designated on the Contract Drawings, to match the flow lines of existing or rebuilt curb and gutter.
REMOVAL OF ASPHALT PAVEMENT, PARTIAL DEPTH (PROVISIONAL) - ITEM NO. F4
Under this Item, the Contractor shall remove the asphalt pavement on Prestonvale Road by cold milling
as directed by the Contract Administrator. The material removed shall become the property of the
Contractor, to be disposed of away from the site, at his expense.
Asphalt pavement shall be removed to a nominal depth of 40 mm, and removal shall be done to
essentially the same station for the full pavement width prior to shutdown at the end of the day.
The equipment used for partial pavement removal shall be automatically controlled for grade and slope.
The surface remaining after removal shall have a constant and continuous crossfall with an even texture
free of grooves and/or ridges in all directions.
Measurement for payment shall be in square metres of asphalt pavement milled and removed and shall
be compensation in full for all of the work required, including pavement sawcutting at the removal
limits.
EARTH EXCAVATION, GRADING - ITEM NO. G2
Under this Item, the Contractor shall also include the cost to supply, place, maintain and remove
temporary fencing (snow fence) surrounding the excavation site,
REMOVAL OF ASPHALT PAVEMENT - FULL DEPfH - ITEM NO. G7
Items for removal under this Item shall include the miscellaneous areas of concrete sidewalk and brick
pavers adjacent to the s'ite, and the asphalt area identified by the Contract Administrator.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-34
STANDARDS
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Breakpoint
Typ
Traffic lane(s)1'
i 2";~ I" .. 6";_
'. ..... ....,...: .' ..
. .... j .... 6";'~"';'
Granulor
Rnd 0.5m
0.25ml
Note 1
J:1
..' '.' .', ~/~r FI_
n ., ........ '.' .: .,---.!!f1tter
Rnd breakpoint --_
--
--
Sh
lYPE 1 - GRANUlAR SHOULDER
l Rnd 0.5m min
I ~ote ~I ~~~;~l
I' G~:~~larjf:':' .:' ~,,;'~"" "R~~:'~'r~~~~~;~tj.~ __
TYPE 2 - DRIVEA8LE PAVED SHOULDER
Traffic lane(s)1
+ 2";~
Sh
2";~
Rnd 0.5m
Traffic lane(s)-I
+ 2";~
0.25ml
Note 1
" .', J:l
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..' .'., l~at
~ '.' ter
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--
-...
Sh
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Note 2
,
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"
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lYPE 2A - NON DRNEABLE PAVED SHOULDER
Rnd 0.5m
Traffic lane(S)_~
0.5m max1
+ 2"; ~ L ", 6~.~.p .
Granularj
, ,
TYPE J -
0.25ml
Note 1
~ h. ..' . 3:7
. , ,. '... . .' '.' I~r FL
6";- .. .,' ..... r,":...~atter
Rnd breakpoint ~ --_
-
PARTIALLY PAVED SHOULDER --...
Sh
6";_
NOTES:
1 Where steel beam guide rail is indicated the minimum rounding shall be
1.0 m with 0.5 m required from edge of shoulder to rounding breakpoint.
2 Where cable and steel beam guide rail has been installed prior to shoulder
paving,and where shoulder paving is to be placed adjacent to the guide rail,
then the outside edge of shoulder paving shall end 300 mm from the face
of the guide rail.
A All dimensions are in metres unless otherwise shown.
ONTARIO PROVINCIAL STANDARD DRAWING
Date !1990 04 02 I Rev I 2
TANGENT SHOULDERS
RURAL
Date
OPSD - 210.01
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CONTRACT NO. CL2004-34
. .,
GEOTECHNICAL INVESTIGATION
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CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
CONTRACT NO. CL2004-34
, ':\
OPS GENERAL CONDITIONS OF CONTRACT
(September 1999)
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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
TlbIe of COntents
SECTION GC 1.0. ..IN11iRPRETATION
GO 1.01 C8plioIls................................................................................................................... 1
GC 1.02 AbbteviafiOnS..................................................................................;...........;............ 1
00 1.03 Gender and Slngullr R~<)Ienoes.............................................;.............................. 1
001.04 eer..Ii\ions..................................................................................._.;....;.................. 1
00 1.05 SUb!ItanlIaI Pertormance ..............................................................,..........................5
001.06 Completion........................................................................................,...................... $'
00 '1.07 Fln8I ~Iallce ................................................................................;....................6
GC 1.08 InIel",clldon of Certain Words .......................................,....._...............................6
SEC110NGC 2.O.CONTRACT DOCUMENTS
GOi2;01 Re\iance on Contract Doc:uments...................................................................,........ 7
002;02 Order of Precedetlce ............................................................................................,..7
.~ GC 3.0.. AOM\NISTRATION OF THE CONTRACT
GO 3.01 ,COntniICt AdminiWah.ts AuIhcxlly .........................................;................................. 8
GC 3.02 WorIdng Drawings ...............................................................................;.................... 9
GC 3.03 RIght of the Contract Admil-..o1ikll to Modify MIlhoda 1IIld.~ ................. 9
GO 3.04 Emergency SItuationa............................................................................................. 10,
GO 3.05 Layout..................................................................................................................,. 10
"1;:
GC 3.06 Wol1dng Area.........................................................................................................10
GC 3.07 Extension of Contract TIme ................................,................;................................. 10
GO 3.08 0IIays.................................................................................................................... 11
00 3.09 AssIgnment of Contract.........................................................................................11
GC 3.10 SllbeollliBCling by the CGnlnlctor...................................................;...;.................. 11
GO 3.11 Ch8ngea .............................................................................................;.;................12
'GC3.11.01 CI'IIIllIIS in the Work............................................................................................. 12
GC 3.11.02 extra Work...................................................................,.............,........................... 12
c":~ .
........000 IIIlf 1..'___,,9IJll.... ,.
..,..._ CInlIIIla-t
GC 3.11.03 Additional WOIt ..................................................................................................... 12
GC 3.12 Notices................................................................................................................... 12
GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance ..................... 13
GC 3.14 Claims, Negotiations, Mediation..........................................;................................. 13
GC 3.14.01 Continuance of the Work....................................................................................... 13
GC 3.14.02 Record Keeping..................................................................................................... 13
GC 3.14.03 Claims Procedure .................................................................................................. 13
Gc.~.14.04 Negotiations........................................................................................................... 14
GC,3.14.05 Mediation ............................................................................................................... 14
GC. 3.14.06 Payment.....................;........................................................................................... 14
GC 3.14.07 Rights of Both Parties............................................................................................15
GC 3.15 Engineering Arbib..tiutl........................................................................................... 15
GC 3.15.01 Conditions for Engineering Ai1:riIi..tiut,................................................................... 15
GC 3.15.02 Arbitration Procedure............................................................................................. 15
GC 3.15.03 Appolntment of Arbilrator.......................................................................................15
GC 3.15.04 Costs...................................................................................................................... 16
GC 3.15.05 TI1e Decision............................:.............................................................................16
GC 3.16 Archaeological Finds ............................................................................................. 16
SECTION GC 4.0 - OWNER'S RESPONSIBIUTIES AND RIGHTS
GC 4.01 Worklng Area.............................................................................................~........... 17
GC 4.02 Approvals and Permits .......................................................................................... 17
';-(
GC 4.03 Management and Disposition of Materlals ............................................................ 17
. , 18
GC 4.04 Construction Affecting Railway Property ...............................................................
GC 4.05 Default by the Contractor....................................................................................... 18
GC 4.06 NotlficatIon of Default ............................................................................................ 18
GC 4.07 Con~s Right to Corrects 0efauIt.................................................................. 18
GC 4.08 Owner's Right liD Comlct Default........................................................................... 18
GC 4.09 Tenninatlon of Con~s RIght to ContInue the Work....................................... 18
T_oI~.1
OPSaen...tColllllr .of~-8 .1 _11lllll
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004.10
GC4.11
00 4.12
GC4.13
Final Payment to CoIItnlClD1...................................................................................j 9
Tennlnation of the COnlnlct................................................................................... 19
Conlinuation of ContraclDl's Obligations............................................................... 19
Use OfPelfo/1llallOe Bond .....................................................................................19
SECTION GC &.0 - MATERIAL
GC 5.01
GC 5.02
GCli.03
GC 5.04
GC 5.05
GC 5.05.01
GC 5.05,02
Supply of Material.................................................................................................. 20
Quality of Material................................................................................................... 20
Rlljectlfll ~I...................................................................................................20
SubstIlutiOnI; ....................................................................:.......................................20
OWner Supplied MaterIal.................................................................................,......21
.QI'dering of Excess MaterIal..................................................................................21
Care of Material.....................................................................................................21
SECTION GC 6.0 -INSU~C... PROTECTION AND DAMAGE
GC 6.01 Pl~ of Work. Penions lIlId PropertY ............................................................23
006.02
00 6.03
006.03,01
GC 8.03.02
00 8.03.03
GC 6.03.04
GC 6.03.05
GC 6.03.05.01 ..
GC6.03.05.02
GC 6.03.05.03
00 6.03.'05.1'>4
GC 6;03.06
GO 6.03.07
GC6.04
IndemnificatiOn ...................................................................................................... 23
c................ Insunmoe..................................................................;.................,......,24
General......................................................................................,........................... 24
General UablIity InsuniIl'IQlI.................................................................................... 24
AulIomOblIe LI8biIIty Inllurancll............................................................................... 24
Ain:raft and WlIhoo...aft , ~ 1nsIIrance............................................................. 25
PIOpllIty and BoIlllr 11llIUI1Illll8...............................................................................25
P\'Qperty Insurance ................................................................................................ 25
Boller lnaurance..................................................................................................... 25
Use and Occupancy oftheWorlt Prior to CO..lpI~Ilcm...........................................25
~t for Loss or 0811'189"................................................................................26
Conlraclor'll Equipment InsUl8nce .. .................................. ............................... .....26
IlISUl1IIl\O!t RequinlmentIl and. DuretiOn........................................ ..........,...;........... 26
Bondlng..................................................................................................................27
.ac:>Cl1ON GC 7.0- CONTRACT0R'8R1!SPON8~ AND COf6lIlOL OF .....~
GC7.01
<3."..1..................................................................................................................26
OP8~<:o;i. lIUUU'C:i.Ucl-S ,U .bal1.
T...CoI..l!nlr -.
GC 7.02
GC 7.03
GC 7.04
GC 7.05
GC 7.06
GC 7.07
GC 7.08
GC 7.09
GC7.10
GC7.11
GC 7.12
GC 7.13
GC 7.14
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 Pennits .......................................................................................... 31
Suspension of Work .............................................................................................. 32
Contraclor's Right to Stop the Work or Tennlnate the Contract............................ 32
Notices by the COlIlJactol.................;..................................................................., 32
Obslructions............................................................................... ............................ 33
Limitations of OpeIations....................................................................................... 33
Cleaning Up Before Acceptall08 ........................................................................... 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
Measuremenl........................................................................................................ 35
Quantities............................................................................................................... 35
Variations in Tender Quantities.............................................................................35
Paymenl..........................................................................................:.....................35
Price for Work........................................................................................................ 35
Advance Payments for Materlal......................................................1......................36
.,
Certification and Payment ..................................................................................... 36
Progress Payment Certificate................................................................... ............. 36
Certification of SubconlJect CompletIon .............;.................................................. 37
Subcontract Statutory Holdback Release Certificate and Paymant...................... 37
CertlrlCation of Substantial Performance............................................................... 37
Substantial Parformance Payment and SUbstantial Performance Statutory
Holdback Release Payment Certificale&............................................................... 38
CertifIcation of Completion .................................................................................... 38
Completion Payment and Completion Statutory Holdback Release
~.~.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:
Interest for llIte Payment ................................. ....... ........ ............. ............ ...... ....... 39
Interest for Negotiations and CIalms ..................................................................... 40
OwneI's Set.olf .......... ...... ..................................................... .... ........ .... ....... ......... 40
T_ "'eon-. Iv
0P8 GeneIIII CMIIIof.. of c-.at -. II ,It>.('.
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00 8.02;03.12 Delay in Payment ..................................................................................,;...............40
00'8.02;04 Paylnent on a Time end MeterielSesIs.....................................;.......;................... ,40
00 aQ2.04.01 DefinItIons ................................................................................................~~............ 40
GC.8.ot.04.02 Daily Work RecorcIS...............................................................;................................41
00 8.02.04.03 PlI~ for Work.........................................................................;...............;...........1
GC 8.02.04.04 Paylnent for labour ..............................................................;........;.......................42
00 8.02.04.06 Payment for Melerilll.............................................................................................42
00 8.02.04;06 Pa,ment for EquIpment..................................................................,....;.................42
00 8.02.04.06.01 Working Time ..........................................................................................................2
00 8.02.04.06.02 SIl;!ndby Time .......................................................................................~.................42
00 8.02.04.07 PeyJnentfor Hand TooIs..............................~........................................................,43
00 8;02.04.08 PeyJnent for Work by $ubcollllecb's..................................................;.................43
GC8.02.04.$ Subml$slon of Imroices..........................................................................................43
GC 8.02.05 '
GC 8.02,06
00 8.02.07
008,02.08
., 00 8.02.09
FlruIIA..oepllklce Cer1llicate.................................................................................., 43
Pa~ of Workers...................................................................;..... .....................44
Records .................................................................................................................44
Texea and,Duties..........................................................................,.;.......................44
'Uquldaled OamlIges............................................................................................... "'..
'."\"
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SECTION GC 2.0 - CONTRACT DOCUMENTS
GC 2.01
Reliance on Contract Documents
.01 The Owner warrants that the information fumished in the Contract Documents can be relied upon with
the following limitations or exceptions:
a) The location of all mainline underground utilities which wlll affect the Work will be shown to a
tolerance of:
i. 1 m horizontal and
ii. 0.3 m vertical
b) The Owner does not warrant interpretations of data or opinions expressed in any Subsurface
Report available for the perusal of the Contractor and excluded from the Contract Documents; and
c) Other infonnation speclficallyexcluded from this warranty.
GC 2.02
Order of Precedence
.01 In the event of any inconsistenCy or conflict in the contents of the folloWing documents, such
documents shall take precedence and govem in the following order:
a) Agreement
b) Addenda
c) Special Provisions
d) Contract Drawings
e) Standard Specifications
f) Tender
g) Supplemental General Conditions
h) General Conditions
i) Working Drawings
later dates shall govem 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 govem where they alffer from dimensions scaled
from the same drawing;
b) Drawings of larger scale shall govem over those of smaller scale;
c) Detailed Drawings shall govem over general Drawings; and
d) Drawings of a tater date shall govem over those of an earlier date in the same series.
.03 In the event of any conflict in the contents of Standard . Speclfications the following order of
precedence shall govem:
a) Ontario Provincial Standard Speclfications; then
b) Other Standard.Specifications, such as those produced by CSA. CGSB, ASTM and ANSI, and
referenced in the bntario Provincial Standard Specifications.
.04 The Contract Documents are complementary, and what is required by any one shall be as binding as
If required by all. "
OPS 0enenI1 Cond_ all ConIIlIc:t - .......-' 11lllll
Page 7
SECTION GC 3.0 - ADMINISTRATION OF THE CONTRACT
GC 3.01
Contract Administrator's Authority
.01 The Contract Administrator will be the Owner's representative during construction and until the
issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever
is later. All instructions to the Contractor including instructions from the Owner will be issued by the
Contract Administrator. The Contract Administrator will have the authority to act on behalf of the
Owner only to the extent provided in the Contract Documents.
.02 All claims, disputes and other matters in question relating to the perfonnance and the quality of the
Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator.
.03 The Contract Administrator will inspect the Work for its conformity with the plans and specifications,
a,gd to record the necessary data to establish payment quantities under the schedule of tender
quantities and unit prices or to make an assessment of the value of the work completed in the case of
r~J!Jmp sum price contract.
.04 :TIle 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 wm with reasonable promptness review and take appropriate action upon
the Contractor's submissions such as shop drawings, product data, and samples in accordance with
the Contract Documents.
.06 The Contract Administrator will investigate all allegations of a change in the character of the Work
made by the Contractor and issue appropriate instructions.
.07 The Contract Administrator will prepare Change Directives and Change Orders.
.08 Upon written application by the Contractor, the Contract Administrator and the Contractor will jointly
conduct an inspection of the Work to establish the date of Substantial Performance of the Work
, and/or the date of Completion of the Work.
.09 The Contract Administrator will be, in the first instance, the interpreter of the Contract Documents and
the judge of the performance thereunder by both parties to the Contract. Interpretations and
decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents
and in making these decisions the Contract Administrator will not show partiality to either party.
~. ~.
.10 The Contract Administrator will have the authority to reject part of the Work or Material which does
not 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 confonn to the Contract
Documents shall be removed promptly 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.
.12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall
be made good, promptly, at no additional cost to the Owner.
.13 If, in the opinion of the Contract Administrator, It is not expedient to oorrect defective work or work not
perfonned 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 perfonned and that
called for by the Contract Admin~.
p_a
OPS 0....... Cell..... of ~ _ 8 .pl! ......1889
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.14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any
certificates or the making of any payment by the Owner, the failure of the Contract Administrator to
reject any defective work or Material shall not constitute acceptance of defective work or Material.
.15 The Contract Administrator will have the authority to temporarily suspend the Work for such
reasonable time as may be necessary to facilitate the checking of any portion of the Contractor's
construction layout or the inspection of any portion of the Work. There shall not be any extra
compensation for the suspension of work.
GC 3.02
Working Drawings
.01 The Contractor shaH arrange for the preparation of clearly identified and dated Working Drawings as
called for by the Contract Documents.
.02 The Contractor shall submit Working Drawings to the Contract Administrator with reasonable
promptness and in orderly sequence so as to'llOtc8Use delay in-the'Work. '-If!'itherthe'Contractor or
the Contract Administrator so requests they shall jointly prepare 'a schedule fixing the ,dates for
submission and retum of Working Drawings. Working'Drawings shalJ,besubmitted in printed fonn.
At. 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 retum Working Drawings in accordance with an agreed
upon schedule, or otherwise, with reasonable promptness so as not to cause delay.
.04 The Contract Administrator's review Will be to check for conformity to the' design -concept and for
general arrangement only and such review shall not relieve the Contractor of responsibility for errors
or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract
Documents unless a deviation on the Working Drawings has been approved in writing by the Contract
Administrator.
.05 The Contractor shall make any changes in Working Drawings which the Contract Administrator may
require consistent with the Contract Documents and resubmit unless otherwise directed by the
Contract Administrator. When resubmitting, the Contractor shaH notify the Contract Administrator in.
wrltingof 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 shaH 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'ln the method, Equipment or work
force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or
damaging to either the Work or existing facilities or the environment
.02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract
so as to avoid interference with work being perfonned by others.
.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and
protection are maintained throughout the Work.
OPS Genef8I Condlllonl of ~. .......-' 1889
Page 8
GC 3.G4
Emergency Situations
...
.01 The Contract Administrator has the right to determine the existence of an emergency situation, and
when such an emergency situation is deemed to exist, the Contract Administrator may instruct the
Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if
the Contractor is not available, the Contract Administrator may direct others to remedy the situation.
.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the
Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner will
pay for the remedial work.
GC 3.05
Layout
, ..
.01 The Contract Administrator will provide baserme and benchmark information for the general location,
. ..alignment and elevation of the Work. The Owner will be responsible only for the correctness of the
' ,J9fonnation provided by the Contract Administrator, :
P"
GC 3.06
Working Area
:0.
.._r,
.01 The COntractor's sheds, site offices, toDets, 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
atall times.
.02 The Contractor shall confine his construction operations to the Working Area. Should the Contractor
require more space than that shown on the Contract Drawings, the Contractor shall obtain such
space at no additional cost to the Owner.
.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the
Contractor has received prior written pennission from the properly owner.
GC 3.07
extension of Contract Time
.01 An application for an extension of Contract Tlll1e 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 Tlll1e shall
enumerate the reasons, and state the length of extension required.
.02 ,Circumstances suitable for consideration of an extension of Contract Time include the following:
a) Delays; See subsection GC 3.08.
b) Changes in the Work; See clause GC 3.11.01.
c).. Extra Work; See clause GC 3.11.02.
d) Additional Work;,See clause GC 3.11.03.
.03 The Contract Administrator wBl, in considering an application for an extension to the Contract Time,
take into account whether the delays, Changes in the Work, Extra. Work or Additional Work involve a
Controlling Operation.
.04 The Contract Time shall be extended for such additional time as may be recommended by the
Contract Administrator and deemed fair and reasonable by the Owner.
.05 The terms and conditions of the Contract shall continue for such extension of Contract TIme.
Pogel0
OPS o.-.t Cond_ of ~. .......lber 11lllll
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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 civU commotions, errors 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 directly or indirectly;
.' c) the. Contract Administrator giving notice under subsection GC 7 .09, Suspension of Work;
d) abnormal inclement weather; or
e) 'archaeological finds in accordance with subsection GC 3.16, Archaeological Finds,
then the Contractor shall be reimbursed by the Owner for- reasonable costs incurred by the Contractor
as the result of such delay, provided that in the case of an application for an extension of Contract
Tillie due to abnormal inclementweather;the''Contractor-shaH;- with -the - Contra~s application,
submit evidence from Environment Canada in-support of such 'applicalion.'--extension of Contract
Tune will be granted in accordance with subsection GC-3,07.. Extension of,ContractTime.
.02 If the Work is delayed by labour disputes, strikes orlock-outs -- including Iock-outs decreed or
recommended to its members by a 'recognized contra~s aSSOOi<llion, of which the Contractor is a
member or to \Nhichthe Contractor is otherwise bound - which are beyond the Contractor's control,
then the Contract Tme shall'be' extended' in'aceordaneewith'subsec!ion GC- 3,07; 'extension of
Contract Time. In no case shall the extension of Contract Time be less' than the time lost as the.
result of the event causing the delay, unless a shorter extension is agreed to by the Contractor; . The
Contractor shall not be entitled to payment for costs incurred as the'result of-such delays unless such -
delays are the result of actions by the Owner.
GC 3.09
Assignment of Contract
.01 The Contractor shall not assign the Contract. either in whole or in part, without the written consent of
the Owner.
GC 3.10
Subcontracting by the Contractor
.01 The Contractor may sut......,bactany part of the Work, subject to these General, Conditions and any
limitations specified in the Contract Documents.
.02 The Contractor shall notify the Contract Administrator, in writing;'of'the.intentionto subcontract. Such
notification shall Identify the part of the Work; and the Subcontractor with whom it is intended.
.03 The Contract Administralorwlll, 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 arid protect the rights of the parties under the Contract with respect to
that part of the Work to be performed under subcontract and shall,
a) enter into agreements with the intended Subcontractors to require them to perform their work in
accordance with the Contract Documents; and
b) be as fully responsible to the Owner for acts and omissions of the Contracto~s Subcontractors and
of persons directly or indirectly employed by them as for acts and omissions of persons directly
employed by the Contractor.
OPS GenenlI Cond_ ofConnct. 81.\Irlber 11189
page 11
.06 The Owner's consent to SUbcol,b..aing by the Contractor shall not be construed to relieve the
Contractor from any obfigation 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 Worle
.01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a
Change in the Work without invalidating the Contract. The Contractor shall not be required to
proceed with a Change in the Work until in reoeipt of a Change Directive. Upon the receipt of such
Change Directive the Contractor shall proceed with the Change in the Work.
.02 .)]:1e Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3:07, Extension of Contract Tnne.
.031f~the Changes in the Work relate solely to quantities, payment for that part of the Work will be made
,acicording 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 TUlle and Material Basis.
^
GC~.11.G2
Extra Worle
.01 The Owner, or Contract Administrator where so authorized, may instruct the Contractor to perform
Extra Work without invalidating the Contract. The Contractor shall not be required to proceed with the
Extra Work until in reoeipt of a Change Directive. Upon receipt of such Change Directive the
Contractor shall proceed with the Extra Work.
.02 The Contractor may apply for an extension of Contract Time according to the terms of subsection GC
3.07, Extension of Contract Tnne.
.03 Payment for the Extra Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained In clause
GC 8.02.04, Payment on a Time and Material Basis.
GC 3,1.1.03
Additional Work
.01 The Owner, or Contract Administrator where so authorized, may request the Contractor to perform
Additional Work without invalidating the Contract. If the Contractor agrees to perform Additional
Work, the ConlractorshaU proceed with such Additional Work upon reoeipt of a Change Order.
.02 The Contractor may apply for an extension of Contract TUlle according to the terms of subsection GC
3.07, Extension of Contract Time.
.03 Payment for the Additional Work may be negotiated pursuant to subsection GC 3.14, Claims,
Negotiations, Mediation, or payment may be made according to the conditions contained In clause
GC 8.02.04. Payment on a Time and Material Basis.
GC 3.12
Notices
.01 Any notioe permitted or required to be given to the Contract Administrator or the Superintendent In
respect of the Work shall be deemed to have been given to and received by the addressee on the
date of delivery If delivered by hand or by facsimile transmission and on the fifth Day after the date of
mailing If sent by mall.
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OPS General eoo_.. oA Conlrocl- Seple.,.beI1_
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.02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone
numbers and facsimile terminal numbers for the Contract Administrator and the superintendent at the
commencement of the Work.
.03 In the event of an emergency situation or other urgent matter the Contract Administrator or the
SUperintendent may give a verbal notioe, provided that such notice is confirmed in writing within 2
Days.
'.04 -Any notice permitted or -required to be given to the Owner or the Contractor shall be given in
, accordance with the notice provision of the Contract.
GC 3.13
Use and Occupancy of the Work Prior to Substantial Performance
- .01 Where it is notcontemplated-eisewhere in.the Contract Documents; the Owner may use or occupy
the Work or any part thereof prior to SubstantialJ>erfomnance;- provkIed.1hatat least 30 Days' written
notice has been given to the Contractor.
.02 The use or occupancy of the Work or any part IhereOfby the OwnerpriortoSUbstantial Performance
shall not constitute an acceptance of the Work- or parts so occupied. In-addition. the use or
occupancy of the Work shall not relieve the Contractor or the Collbactor's SUrety from any liability
that has arisen, or may arise, from the performance of the Work -in accordance' with the Contract
Documents. The Owner will be responsible for any damage that occurs because of the Owner's use
or occupancy. Such use or occupancy of any part of the Work by the Owner does not waive the
_ -Qwner's rightto-charge-the'Contractor -liquidated damages in acicordancewith the terms of the
Contract.
GC 3.14
GC 3.14.01
Claims, Negotiations, Mediation
Continuance of the Work
.01 Unless the Contract has been terminated or completed, the Contractor shall In every case, after
serving or reoeiving any notification of a claim or dispute, verbal or written, continue to proceed with
the Work with due diligence and expecfrtion; lt'ls understood by'theparties that such _action will not
jeopardize any claim it may have. .
GC 3.14.02
Record Keeping
.01 Immediately upon commencing work which may result in a claim, the Contractor shall keep Daily
Work Records during the course of the-Work, sufficient to substantiate theConlractor's claim, and the
Contract Administrator will keep Daily WOrk"Recordsto-be used In-assessing'1he Contractor's claim,
all in accordance with clause GC 8.02.07, Records.
. -.:1,-
.02 The Contractor and the Contract Administrator shall reconcile their respective Daily Work Records on
a daily basis, to simplify review of the claim, when submitted.
.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily
Work Records with those of the Contractor shall not be construed to be acceptance of the claim.
GC 3.14.03
Claims Procedure
.01 The Contractor shall give verbal notice of any situation which may lead to a claim for additional
payment Immediately upon becoming aware of the situation.
.02 The Contractor shall provide written notice In the standard form "Notice of Intent to Claim" within 7
Days of the commencement of any part of the Work which may be affected by the situation.
OPS 0eneNI CooIdlllcM.. oA Cora8Cl- .......,.beI 1M
Page 13
.03 The Contractor shaD submit detailed claims as soon as reasonably possible and In any event no later
than 30 Days after completion of the work affected by the situation. The detailed claim shall;
a) identify the item or items in respect of which the claim arises;
b) state the grounds, contractual or otherwise, upon which the claim is made; and
c) include the Records maintained by the Contractor supporting such claim.
In exceptional cases the 30 Days may be Increased to a maximum of 90 Days with approval in writing
from the Contract Administrator.
.04 Within 30 Days of the receipt of the Contractor's detailed claim, the Contract Administrator may
request the Contractor to submit any further and other particulars as the Contract Administrator
considers necessary to assess the claim. The Contractor shall submit the requested information
within 30 Days of receipt of such request.
.05 Within 90 Days of receipt of the detailed claim, the Contract Administrator shall advise the Contractor,
in writing, of the Contract Administrator's opinion with regard to the validity of the claim.
iSi>' .
GC 3014.04
Negotiations
..;~'tt~' :
.01 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and
agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and
. documents to facilitate these negotiations.
.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.05, with respect to
,any part of the claim, the .Contract Administrator shall enter Into negotiations with the Contractor to
resolve the matters in dispute. Where a negotiated settlement cannot be reached and it is agreed
that payment cannot be made on a Time and Materiai 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 resoived satisfactorily through the negotiation stage noted in clause GC 3.14.04,
Negotiations, within a period of 30 Days foUowing the opinion given in paragraph GC 3.14.03.05, and
the Contractor wishes to pursue the Issue further, the parties may, upon mutual agreement, utilize the
services of an Independent third party mediator.
.02 The mediator shall be mutually agreed upon by the Owner and Contractor.
.03 The mediator shall be knowledgeable regarding the area of the disputed Issue. The mediator shall
~ with the parties together and separately, as necessary, to review all aspects of the Issue. In a
. final attempt to assist the parties In resolving the Issue themselves prior to proceeding to arbitration
the mediator shall provide, without prejudice, a non-binding recommendation for settlement
.04 The review by the mediator shall be completed within 90 Days following the opinion given in
paragraph GC 3.14.03.05. '
.05 Each party is responsible for its own costs related to the use of the third party mediator process. The
cost of the third party mediator shall be equally shared by the Owner and Contractor.
GC 3.14.06
Payment
.01 Payment of the claim will be made no later than 30 Days after the date of resolution of the claim or
dispute. SUch payment will be made according to the terms of Section GC 8.0, Measurement and
Payment
"'14
OPS aen.r.t Coo....... oA Conlrocl-lleplembet 1.
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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 beconstnJed as a renunciation or waiver of any of the rights or recourse available to
the parties. provided that the requirements set out in this subsection are fulfilled.
GC 3.15
Engineering Arbitration
Conditions for Engineering Arbitration
GC 3.15.01
.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 resoive theissUeshaU,e-communicatedin writing
as soon as possible andnolaterthan"60;'Days-foIIOYling"1he--Opinion,'91ven in paragraph GC
3.14.03;05. Where the use of a third party'mediator was-lmpIemented:notification shall be within 120
Days of the opinion given in paragraph GC 3.14.03.05.
.03 The parties shall be bound by the decision of the arbitrator.
.04 The rules and procedures of the Arbitration Act, 1991. S.O. 1991, c.17, as amended, shall apply to
.any' arbitration conducted, hereunder except to the extent that they are modified by. tt:le express
provisions of this subsection GC 3.15,' Engineering Arbitration.
GC 3.15.02
Arbitration Procedure
.01 The following provisions are to be included in the agreement to arbitrate and are subject only to such
right of appeal as exist where the arbitrator has exceeded 'his or her jurisdiction or have otherwise
disqualified him or herself:
a) All existing actions in respect of the matters under arbitrationwill'be'stayed pending arbitration;
b ) All outstanding claims and matters to be settled are to be set out in a schedule to the agreement
Only such claims and matters as are in the schedule will be arbitrated; and
c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are
set out in the schedule.
GC 3.15.03
Appointment of Arbitrator
.01 The arbitrator shall be mutually agreed upon-by-the Owner and Contractor;toadjudicate the dispute.
.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification
of arbitration noted in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an
appointee within 37 Days of the notice of arbitration.
.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after
the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute
of Ontario Inc. which will select an arbitrator to adjudicate the dispute within 7 Days of being
requested to do so.
.04 The arbitrator shall not be interested financially in the Contract nor In either party's business and shall
not be employed by either party.
.05 The arbitrator may appoint Independent experts and any other persons to assist him or her.
OPS Ge_ CcIndlIlotW oA CclfInd. 8eplonUr 1_
P_15
.06 The arbitrator is not bound by the rules of evidence which govem the trial of cases in court but may
hear and consider any evidence which the arbitrator considers relevant
.07 The hearing will commence within 90 Days of the appointment of the arbitrator.
GC 3.15.04
Costs
.01 The 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.
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.04 ,- The arbitrator may, in his or her disaetion, award reasonable costs, related to the arbitration.
GC 3.15.05
The Decision
~..
.01 The reasoned decision will be made in writing within 90 Days of the conclusion of the hearing. An
extension of time to make a decision may be granted with consent of both parties. Payment shall be
made in accordance' with clause GC 3.14.06, Payment
GC 3.16
Archaeological Finds
.01 if the Contractor's operations expose any items which may indicate an archaeological find, such as
building remains, hardware, accumulations of bones, pottery. or arrowheads, the Contractor shall
immediately notify the Contract Adminislrator and suspend operations within the area identified by the
Contract Administrator. Notification may be verbal provided that such notice Is confirmed in writing
Within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract
Administrator In writing, in iK:cordance with subsection GC 7.09, Suspension of Work.
.02 Any delay In the completion of the Contract that is caused by such a suspension of Work will be
considered to be beyond the Contractor's control in accordance with paragraph GC 3.08.01.
, .03 Any work directed or authorized in connection with an archaeological find will be considered as Extra
, .. ~ in accordance with clause GC 3.11.02, Extra Work.
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OPS ~ Cond_ oAConlrwcl.lk.~t..,""'r 1_
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SECTION GC 4.0 - OWNER'S RESPONSIBILITIES AND RIGHTS
GC 4.01
Working Area
.01 The Owner will acquire all property rights which are deemed necessary by the Owner for the
construction of the Work, including temporary working easements, and will indicate the full extent of
the Working Area on the Contract Drawings.
:02 The Geotechnical Report and_Subsurface Report which will be provided by the OWner as part of the
tender documents shall form part of the Contract Drawings.
GC 4.02
Approvals and Permits
.01 The Owner will pay for all plumbing and building permits.
.02 The Owner will obtain and pay for allpermits,licensesand ,certificates:soleIy_Jequir:eclfor Project
approval. '
GC 4.03
, Management and Disposition of Materials
.01 - The Owner will Identify in the Contract Documents the materials to be moved within or removed from,
the Working Area, and any characteristics' of those materials which will necessltate special materials
management and disposition.
" ." .02 'InacCorilance'withi'egulations under the OCcupational Healthand'SafetyAct; RS.O.'1990,c.O.1, as
amended, the Owner advises that
a) the designated substances silica, lead and arsenic are generally present throughout the Working
Area occurring naturally or as a result of vehicle emissions;
b) the designated substance asbestOS is present in asbestos conduits for utilities;
c)'the-foIlowinghazardous.materials are ,ordinarily present in construction. activities:' limestone,
gypsum, marble, mica and PorUand cement; and
d) exposure'to these substances mayoc:c:ur as- 'a result ofacllvlties 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 QlSCOvers or is advised ,of ,the' presence.ofdesignated substances or
hazardous, materials which are in addition to those listed ,In paragraph GC 4.03.02, or not clearly
Identified In the 'Contract' Documents according-1o,paragraph,>GC'4,03:03;.1hen:,verbal notice will be
provided to the other party Immediately with written confirmation within 2 Days. The Contractor will
stop work in the' area 'immediately and will determine the necessary steps required to complete the
work in accordance with applicable legislation and regulation.
.05 The Owner will' be responsible for any reasonable' additional costs of removing, managing and
disposing of any material' not identified In the Contract Documents. or where conditions exist that
could not have been reasonably foreseen at the time of tendering. All work under this paragraph
shall be deemed to be Extra Work.
.06 Prior to commencement of the Work, the Owner will provlde to the Contractor a list of those products
controlled under the Workplace Hazardous Materials Information System or WHMIS, which the
Owner will supply or use on the Contract, together with copies of the Materials Safety Data Sheets for
these products. All containers used In the application of products controlled under WHMIS shall be
labelled. The Owner will notify the Contractor in writing of changes to the list and provide relevant
Material Safety Data Sheets.
OPS General ConditIOM of Contract. S Jptl vtJer 1 gge
,"-17
GC 4.04
Constructton Affecting Railway Property
.01 The Owner will pay the costs of all flagging and other traffic control measures required and provided
by the railway company unless such costs are solely a function of the Contractor's chosen method of
completing the Work.
GC 4.05
Default by the Contractor
.01 The Contractor shall be in default of the Contract If,
a) the Contractor fails to commence the Work or execute the Work property 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 reoeiver is appointed because of insolvency. '
GC 4.06
~:;.~:~':.
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.01t;The Owner will give written notice of a default to the Contractor as soon as the Owner becomes
aware of the alleged default but failure to give such notice In a timely way shall not constitute
condonation of the default. The notice will include instructions to correct the default within 5 Working
Days.
Notification of Default
GC 4.07
Contractor's Right to Correct a Default
.01 The Contractor shall have the right within the 5 full Working Days following the receipt of a notioe of
default to correct the default and provide the Owner with satisfactory proof that appropriate corrective
measures have been taken.
.02 If the correction of the default cannot be completed within the 5 full Working Days following reoeipt of
the notice, the Contractor shall not be in default If the Contractor,
a) commences the correction of the default within the 5 full Working Days following reoeipt of the
notice;
b) provides the Owner with an acceptable schedule for the progress of such correction; and
c) completes the correction In accordance with such schedule.
GC 4.08
Owner's RIght to Correct Default
.01 If the Contractor fails to correct the default within the time specified in subsection GC 4.07,
,:~tractor's Right to Correct a Default, or subsequently agreed upon, the Owner. without prejudice to
,apy other right or remedy the Owner may have. may correct such default and deduct the cost thereof,
as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor.
GC 4.09
- ., Termination of Contractor's RIght to Continue the Work
.01 Where the Contractor fails to correct a default within the time specified in subsection GC 4.07,
Contractor's Right to Correct a Default, or subsequently agreed upon, the Owner, without prejudice to
any other right or remedy the Owner may have, may terminate the 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 Work in whole or In part, the Owner
will be entitled to.
a) take POSsession of the Working Area or that portion of the Working Area devoted to that part of the
Work terminated;
b) utilize the Equipment of the Contractor and any Material within the Working Area which is intended
to be Incorporated Into the Work, the whole subject to the right of thin! parties;
c) withhold further payments to the Contractor with respect to the Work or the portion of the Work
withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;
P8ge 18
OPS CierIeNI Coo-.... oA Conlrocl. ""'-1_
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d) charge the Contractor the additional cost over the Contract price of completing the Work or portion
thereof withdrawn from the Contractor, as certified by the Contract Administrator and any
additional compensation paid to the Contract Administrator for such additional service arising from
the correction of the default;
e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to
cover correction to the Work performed by the Contractor that may be required under subsection
GC 7.15, Warranty;
f) charge the Contractor for any damages the Owner may have sustained as a result of the default;
and
g) charge the Contractor the amount by which the cost of corrections to the Work under subsection
GC 7.15, Warranty, exceeds the allowance provided for such corrections.
GC4.10
Final Payment to Contractor
.01 If the Owner's cost to correct and complete the Workin.whole or In part. is ,less than the amount
withheld from the Contractorundersubseclion'GC,4.09iTermination~of;.:Contractor's Right to
Continue the Work,' the Owner will pay the'balanceto1he.Contractor as sOOn'8s the final accounting
for the Contract is complete.
GC4.11
Termination of the Contract
.01 Where the Contractor is in default of the Contract the Owner may, without prejudice to any other right
or remedy the Owner may have. "terminate the Contract by giving written notice of termination to the
contractor, the 'Surety and 'any "In.Istee'orreoeiver acting on behalf of-the Contractor's estate or
creditors.
.02 If the Owner elects to terminate the Contract the Owner will provide the Contractor and the trustee or
reoeiver with a complete accounting to the date of termination.
GC4.12
Continuation of Contractor's Obligations
.01 The Contractor's obligation under the Contract as toquslity{ 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 Performance Bond
.01 If the Contractor is In default of the contract and the Conlractorhas provided'a Performance Bond,
the provisions of this Section shall be exercised' In accordance with the .conditions of the pertormance
Bond. ,...,
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OPS Oenenll CondIlIona oA Conlrocl- &.,.lo<,lbe. 1_
~'8
GC 5.01
SECTION GC 5.0 - MATERIAL
Supply of Material
.01 All Materiai necessary for the proper completion of the Work, except that listed as being supplied by
the Owner, shall be supplied by the Contractor. The Contract price for the appropriate tender items
shall be deemed to Include full compensation for the supply of such Material.
,
GC 5.02
Quality of Material
.01 All Material supp~ed by the Contractor shall be new or unless othelWise specified In the Contract
Documents.
.02 Material supplied by the Contractor shall conform to the requirements of the Contract.
.03 h specified or as requested by the Contract Administrator, the Contractor shall make available for
.,/ttspection or testing a sample of any Material to be supplied by the Contractor. ...
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.04 ,The Contractor shall obtain for the Contract Administrator the right to enter upon the premises of the
Material manufacturer or supplier to carry out such Inspection, sampling and testing as specified or a
'requested by the Contract Administrator.
.05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance
- _ .of the Material shipping dates to enable the Contract Administrator to perform the required Inspection,
. sampling and testing.
.06 The Owner will not be responsible for any delays to the Contractor's operations where the Contractor
fails to give sufficient advance notice to the Contract Administrator to enable the Contract
Administrator to carry out the required inspection, sampling and testing before the scheduled shipping
date.
-';
.07 The Contractor shall not change the source of supply of any Material without the written authorization
of the Contract Administrator.
.08 Material which is not specified shall be of a quality best suited to the purpose required and the use of
such Material shall be subject to the approval of the Contract Administrator.
GC5.o3.
'y.;
Rejected Material
~'-
.01 R~ected Material shaH be removed from the Working Area expeditiously after the notification to that
e~ect from the Contract Administrator. Where the Contractor fails to comply with such notice the
Contract Administrator may cause the rejected Material to be removed from the Working Area and
disposed of in What the Contract Administrator considers to be the most appropriate manner and the
Contractor shall pay the costs of disposal and the appropriate overhead charges.
GC 5.04
Substitutions
.01 Where the specifications require the Contractor to supply a Material designated by a trade or other
name, the Tender shall be based only upon supply of the Material so designated, which shall be
regarded as the standard of quality required by the specification. After the acceplance 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.
P8ge20
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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 entitled
to the first $1000 of the aggregate saving in cost by reason of such substitution and to 50% of any
additional saving in cost in excess of such $1000. Each such approval shall be conveyed to the
, ' Contractor in writing or by issuance of a Certificate of Equality on the Owner's standard form of
, .Certification of Equality'" and. If any adjustment to the Contract price' is made by reason of such
substitution a Change Order shall be issued as well.
GC 5.05
GC 5.05.01
Owner Supplied Material
Ordering of Excess Material
.01 Where Material is supplied by the Owner and where this MateriaHs;ordered:by the Contractor in
excess of the amount specified to complete the Work;.:such::excess,.Material shall become the
property of the Contractor on completion of the Work and shall be charged to the Contractor at cost
plus applicable overheads.
GC 5.05.02
Care of Material
,01 -The Contractor shall; in advance of reoeipt of shipments of Material supplied by theOwner,provide
- adequate and proper storage faCilities acceptable to the Contract Administrator, and on the reoeiptof
such Material shall promptly place it in storage except where it is to be incorporated forthwith into the
Work.
.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the
specified delivery point and for its safe handling and storage. If such Material is damaged while
under-the control of the Contractor it shall be replaced or repaired by the Contractor at no expense to
the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the
Contract Administrator for reasons which are not the fault of the' Contractor it shall remain In the care
and at the risk of the Contractor until its disposition has been determined by the Contract
Administrator.
.03 Where Material supplied by the Owner arrives at the delivery point In a damaged condition or where
there are discrepancies between the quantities reoeivedand'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'immediateinspection",of,the~:shlplnent and provide the
Contractor with a written release from responsibility for such damage or''<leficiencies. Where damage
or deficiencies are rldt so reported it will be assumed that the shipment arrived in good order and any
damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to
the Owner.
.04 The full amount of Material supplied by the Owner in each shipment shall be accounted for by the
Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material
shall not, except with the written permission of the Contract Administrator, be used by the Contractor
for purposes other than the performance of the Work under the Contract.
.05 Empty reels, crates, containers and other type of packaging from Material supplied by the Owner
shall become the property of the Contractor when they are no longer required for their original
purpose and shall be diSposed of by the Contractor unless otherwise specified In the Contract
Documents.
OPS Gene.., Condltlona oA Conlrocl. 8epl8mber 1_
pege 21
.06 The Contractor shan provide the Contract Administrator, Immediately upon reoeipt of each shipmen~
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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OPS 0etw1I1 ConcIIlonI oAConnct. ~ t_
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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 acicording to these
General Conditions.
.03 The Contractor shall immediately inform,the.ConlractAdmlnislratorofall"damage and injuries which
occur during the term of the Contract.
.04 The Contractor shall not be responsible for loss and damage'that occurs as a result of,
a) war;
b) blockades and civil commotions;
c) errors In the Contract Documents; or
d) acts or omissions of the Owner, the Contract Administrator, their agents and 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 eny term or provision of any
responsibility, obligation or "ability under the Contract or waive or impair any of the rights of the
Owner except by a release duly executed by the Owner.
GC 6.02
Indemnification
.01 The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their
agents, officers and employees from and against all claims, demands, losses, expenses,costs,
damages, actions, suits or proceedings by third parties, hereinafter called "claims", directly or
indirecUy arising or alleged to arise out of the performance of or the failure to perform the Work,
provided such claims are,
a) altributableto 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:forowhose acts the Contractor
may be "able; and
c) made In writing within a period of 6 years from the date of Substantiai'Performance of the Work as
set out inthe ~e 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 aU and every claim for damages,
royalties or fees for the infringement of any patented invention or copyright occasioned by the
Contractor in connection with the Work performed or Material fumished by the Contractor under the
Contract.
.03 The Owner expressly waives the right to indemnity for claims other than those stated above in
paragraphs GC 6.02.01 and GC 6.02.02.
.04 The Owner shall Indemnify and hold harmless the Contractor. his agents, officers and employees
from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or
proceedings arising out of the Contractor's performance of the Contract which are attributable to a
lack of or defect In title or an alleged lack of or defect in title to the Worldng Area.
OPS 0.....1 Cond_ oA Cor1INcI.~ 1m
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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 Uability 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 mllrlOn:dollars inclusive per
~rrence for bodily Injury, death, and damage to property including loss o[,use thereof, with a
'P.$lperty damage deductible of not more than $5000. The form of this inSurance shall be the
Igsurance Bureau of Canada Form IBC 2100, dated 8-87. '
.02 "Another form of insurance equal to or better than that required in IBC Form 2100 may be used,
provided all the requirements listed in the Contract are included. Approval of /his Insurance will be
conditional upon the Contractor obtaining the services of an insurer licensed to underwrite Insurance
in the Province of Ontario and obtaining the Insurer's cerJlficate of equivalency to the required
insurance.
.03 The insurance shall be maintained continuously from the commencement of the Work untJ112 months
following the date of Substantial Performance of the Work, as set out in the Certificate of Substantial
Performance of the Work, or until the Final Acceptance Certificate is issued, whichever is later, and
with respect to completed operations coverage for a period of not less than 24 months from the date
of Final Acceptance of the Work as set out in the Final Acceptance Certificate, and thereafter to be
maintained for a further period of 4 years.
.04, The Contractor shall submit annually to the Owner, proof of continuation of the completed operations
coverage and If the Contractor fails to do so, the limitation period for claiming indemnity described in
paragraph GC 6.02.01 c), will not be binding on the Owner.
.05 SJ!ould the Contractor decide not to employ Subcontractors for operations requiring the use of
explosives for blasting, or pile driving or caisson work, or removal or weakening of support of property Qli,ilding or land, IBC Form 2100 as required shall include the appropriate endorsements.
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.06 The policies sN,iII,qe endorsed to provide the Owner with not less than 30 Days' written notice in
advance of cancellation, change or amendment resbicting coverage.
.07 "Claims Made" insurance policies will pot be permitted.
GC 6.03.03
Automobile Uabllity Insurance
.01 Automobile liability insurance in respect of licensed vehicles shail 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 IlOIH)Wnecf automobile policy Including standard contractual liability endorsement, and
b) standard owner's form automobfte policy providing third party liability and accident benefits
Insurance and covering licensed vehicles owned or operated by the Contractor.
~24
OPS Gerwal Coo_.. oA C-.ct .llll.,ibef 1_
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GC 6.03.G4
Aircraft and Watercraft Liability Insurance
.01 Aircraft and watercraft fiability 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 liniits of not less than 5 million dollars inclusive per occurrence for bodily injury, death,
and damage to property including loss of use thereof, and limits of not less than 5 million dollars for
aircraft passenger hazard. - Such insurance shall be in a form acceptable to the Owner. The policies
shan be endorsed to provide the Owner with not less than 30 Days' written notice In advance of
cancellation, change or amendment restricting coverage.
GC 6.03.05
GC &.03.05.01
Property and Boller Insurance
Property Insurance
. .01" All risks property insurance shall be in the name of the Contractor+.withJhe..Owner.and the Contract
Administrator named ' as additional insureds. insuring 'not. less than ..the:sum ,:of the .amount of the
Contract price and the full value, as may..be.statec\-in,tbe..8upplemental.GeneraLConditions, of
'Material that is specified to beprovldedby;the'Owner;:for:Jncorporation~lntothe.work,with a
deductible not eXceeding 1 % of the amount Insured at the site of the Work. This insurance shall be in
. a form acceptable to the Owner and shall be maintained continuously until ,10 Days after the date of
Final Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.02
Boller Insurance
-.0,1 .. Boiler insurance insiJrin{l'the interests of the Contractor, the Owner and the Contract Administrator for
not less than the replacement value of boilers and pressure vessels forming partDf the Work. shall be
In a form acceptable to the Owner. This insuranceshaU be maintained continuously from
commencement of use or operation of the property insured until 10 Days after the date of Final
Acceptance of the Work, as set out in the Final Acceptance Certificate.
GC 6.03.05.03'
Use and Occupancy of the Work'Prior to Completion
.01 Should the Owner wish to use or occupy part or all of the Work prior.to Substantial Performance, the
Owner will give 30 Days' written notioeto 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 prioro.lo:such: use or_ occupancy
shall provide, maintain and pay for property and boiler .insurance, insuring thetull value of the Work,
including coverage for such use or occupancy, and shall- provide the 'Contractor with proof of such
insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the
Contractor's poIieie!l\Jpon termination of coverage.
.02 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner
and the Contractor as their respective interests may appear. The Contractor shall act on behalf of
both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage
payment with the Insurers. When the extent of the loss or damage is determined the Contractor shall
proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party
under the Contract except that the Contractor shall be entitled to such reasonable extension of
Contract Time relative to the extent of the loss or damage as the Contract Administrator may decide
in consultation with the Contractor.
OPS General Cond_ oA Conlrocl- &eplombet ll1l1ll
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GC 6.03.05.04
Payment for Loss or Damage
.01 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the
Contract, the amount at which the Owner's interest in restoration of the Work has been appraised,
such amount to be paid as the restoration of the Work proceeds and In accordance with the
requirements of Section GC 8.0, Measurement and Payment In addition the Contractor shall be
entitled to reoeive from the payments made by the insurers the amount of the Contractor's interest in
the restoration of the Work.
.02 The Contractor shall be responsible for deductible amounts under the policies except where such
amounts may be excluded from the Contractor's responsibility by the terms of this Contract.
.03 In the event of a loss or damage to the Work arising from the action or omission of the OWner or
others, the OWner shall pay the Contractor the cost of restoring the Work as the restoration of the
Work Proceeds and in accordance with the requirements of Section GC 8.0, Measurement and
Payment
GC 6.03.0&
Contrac:tor's equipment Insurance
.01 All risks Contractor's equipment insurance covering construction machinery and equipment used by
the Contractor for the performance of the Work, incIucfmg boiler insurance on temporary boilers and
pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims
by the insurer against the Owner. The porlCies shall be endorsed to provide the Owner with not less
than 30 Days' written notioe in advance of cancellation, change or amendment restricting coverage
Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the
Col,b ....luI'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 permlsslon 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 unbl10 Days after the date of Fmal Acceptance of the Work, as set out
In the Final Acceptance Certificate.
.02 The Contractor shall provide the Owner. on a form acceptable to the OWner, proof of insurance prior
to commencement of the Work, and signed by an officer of the Contractor and either the underwriter
or the broker.
.03 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each
insurance porrcy EllIC/usive of information pertaining to premium or premium bases used by the insurer
to determine the cost of the Insurance. The certified true copy shall include a signature by an OffICer
of the Contractor and in addition, a signature by an officer of the insurer or the underwriter or the
broker.
.04 Where a policy is renewed the Contractor shall provide the Owner, on a form acceptable to the
Owner, renewed proof of insurance immediately following completion of renewal.
.05 Unless specified otherwise the Contractor shall be responsible for the payment of deductible amounts
under the pollcies.
.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.
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OPS 0.-1 Condlllana ",Connell. 8'~I.mber 1_
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.07 If the Contractor fails to pay the cost of the insurance placed by the Owner within 30 Days of the date
on which the Owner made a formal demand for reimbursement of such costs the Owner may deduct
the costs thereof from monies which are due or may become due to the Contractor.
GC 6.04
Bonding
.01 The Contractor shall provide the Owner with the surety bonds in the amount required by the tender
documents.
;02 Such bonds shall be issued by'a duly licensed surety company authorized to transact a business of
suretyship in the Province of Ontario and shall be maintained in good standing until the fulfilment of
the Contract.
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OPS Oenenll COndlllonl oA Conlrocl. 8eplember ,-
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SECTION GC 7.0 - CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK
GC 7.01
General
.01 The Contractor warrants that the site of the Work has been visited during the preparation of the
Tender and the character of the Work and all local conditions which may affect the performance of
the Work are known.
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.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the
. Contractor has reoeived 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
,''ll!1loval of temporary structures and other temporary facilities and the design and execution of
,,~nstnJction 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
constnJclion. The Contractor shall, however, be responsible for the execution of such design or
specified method of construction In the same manner that the Contractor is responsible for the
execution of the Work.
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.06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of
the Occupational Health and Safety Act, R.S.O. 1990, c.O.1 (the "Acf') and Ontario Regulation
213/91 (which regulates Construction Projects) and any other regulations under the Act (the
"Regulations; which may affect the performance of the Work, as the "constructor" or "employer", as
defined by the Act, as the case may be. The Contractor shall ensure that
a) worker safety is given first priority in planning, pricing and performing the Work;
b) its officers and supervisory employees have a working knowledge of the duties of a "constructor"
and "employer" as defined by the Act and the provisions of the Regulations applicable to the Work,
and a personal commitment to comply with them;
c), a copy of the most current version of the Act and the Regulations are available at the Contractor's
,office within the Worldng Area, or, in the absence of an office, in the possession of the supervisor
, "_:.responsible for the performance of the Work; ,
A)~WOrkers employed to carry out the Work possess the knowledge, skills and protective devices
' required by !all\( 9r 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 safely of the workers; and
f) all Subcontractors and their employees are properly protected from injury while they are at the
work place.
.07 The Contractor when requested shall provide the Owner with a copy of its health and safely policy
and program at the pre-start meeting, and shall respond promptiy to requests from the Owner for
confirmation thai its methods and procedures for carrying out the Work comply with the Act and
Regulations. The Contractor shall cooperate with representatives of the Owner and Inspectors
appointed to enforce the Act and the Regulations In any Investigations of worker health and safety in
the performance of the Work. The Contractor shalllndemnlfy and save the Owner harmless from any
additional expense which the Owner may incur to have the Work performed as a resuit of the
Contractor's failure to comply with the requirements of the Act and the Regulations.
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OPS 0....... ~ oA Conlrocl- Seplomber 11199
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.08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of
those products controlled under the Workplace Hazardous Materials Information System or WHMIS,
which the Contractor expects to use on the Contract. Related Materials Safety Data Sheets shall
accompany the submission. All containers used In the application of products controlled under
WHMIS shall be labelled. The Contractor shall notify the Contractor Administrator of changes In
writing and provide relevant Material Safety Data Sheets.
.09 The Contractor shall have an authorized representative on the site while any work is being performed,
to act for or on the Contractor's behalf. Prior to commencement of constnJction. the Contractor ~hall
_ notify the Contract Administrator of the names; - addresses.. positions and telephone numbers of, the
Contractor's representatives who can be contacted' at any time to deal with matters relating to the
Contract.
'.10 The Contractor"shall;-atno-additional cost to the Owner, furnish all reasonable aid. facilities and
assistance required by the Contract Adminislratorfor the:'Ilroper inspection .and examination of the
Work or the taking of measurements for the purpose ()f<paymenl ' -/'
.11 The Contractor shall prepare, and update as required, a construction scheduleilndicating the timing of
the major and critical activities of the Work. -The schedule'shall be designed to ensure conformity
with the specified Contract Time. The schedule shall be submitted to the Contract Administrator
within 14 Days from the date of the Contract award.
.12 Where the Contractor finds any error, Inconsistency or omission relating to the Contract, the
" Contractor shall promptly-report it to the Contract Administrator and shall not proceed with the activity
affected until receiving direction from the Contract Administrator.
.13 The Contractor shall arrange with the appropriate utility authorities for the stake out of all
underground utilities and service connections which may be affected by the Work. The Contractor
shall be responsible for any damage done to the underground utilities by the Contractor's forces
during construction If the stake out locations are within -the toierances 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, basefines and benchmarks which are necessary to delineate the Working
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-bani' while the Work is in
progress, except those property bars which must be removed. to .facilitatethe Work. Any other
property bars distUrbed, damaged or removed by the Contractor's operations shall be replaced by an
Ontario Land Surveyor. at the Contractor's expense.
.03 At. no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such
materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be
necessary for the Inspection of the Work.
.04 The Contractor shall provide qualified personnel to 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 shall install and maintain substantial alignment markers and secondary benchmarks
as may be required for the proper execution of the Work. The Conlractor shall supply one copy of all
alignment and grade sheets to the Contract Administrator.
OPS General Cond_ oACclnlmcl. ~ 1m
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.06 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and
all parts of the Work, regardless of whether the Contractor's layout work has been checked by the
Contract Administrator.
.07 All stakes, marks and reference points provided by the Contract Administrator shall be carefully
preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor's
operations, such stakes, marks and reference points will be replaced by the Contract Administrator at
the Contractor's expense. '
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GC7.03
Damage by Vehicles or Other equipment
.01 If at any time. in the opinion of the Contract Administrator, damage is being done or is Hkely to be_
done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's
"vehicles or other equipment, whether licensed or unlicensed equipment, the Contractor shall, on the
djrection of the Contract Administrator, and at no extra cost to the Owner, make changes or
~ilbstitutions for such vehicles or equipment, and shall alter loadings. or In some other manner,
:/i!rnove the cause of such damage to the satisfaction of the Contract Administrator.
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GC 7.04
Excess loading of Motor Vehicles
.01 "Where a vehicle is hauling Material for use on the Work, in whole or In part upon a Highway, and
where motor vehicle regisbalion 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 Tmffic Act, R.S.O. 1990,
,c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise,
. except where there are designated areas within the Working Area where overloading is permitted.
The Contractor shall bear the onus of weighing disputed loads.
GC 7.05
Condition of the Working Area
.01 The Contractor shall maintain the Working Area in a tidy condition and free from the accumulation of
debris, other than that caused by the Owner or others.
GC 7.06
Maintaining Roadways and Detours
.01 Where an existing Roadway is affected by construction, It shall be kept open to traffic, and the
Contractor shall, except as otherwise provided in this subsection, be responsible for providing and
maintaining for the duration of the Work, a road through the Working Area, whether along an existing
Highway, Including the road under construction, or on detours within or adjacent to the Highway, in
accordance with the MUTCD.
.02~--'Contractor shall not be required to maintain a road through the Working Area until such time as
the Contractor I)as pommenced 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 Iocaljzed and separated sections of the Highway only are affected by the Contractor's
operations, the Contractor will not be required to maintain Intervening sections of the Highway until
such times as these sections are located within the limits of the Highway affected by the Contractor's
general operations under the Contract.
.04 Where the Contract Documents provide for or the Contract Administrator requires detours at specific
locations, payment for the construction of the detours, and If required, for the subsequent removal of
the detours, will be made at the Contract prices appropriate to such work.
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.05 The Contractor shall maintain, ina 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 constnJcted In
accordance with the Contract Documents or required by the Contract Administrator. Compensation
for all labour, equipment and materials to do this work shall be at the Contract prices appropriate to
the work and; where there are no such prices, at negotiated prices. Notwithstanding the foregoing,
the cost of blading required to maintain the surface of such roads and detours shall be deemed to be
included In the prices bid for the various tender items and no additional payment will be made.
.06 'Where work under the 'Contract is discontinued for any extended period including seasonal shutdown,
.the Contractor shall, when directed by the Contract Administrator, open and place the Roadway and
detours in a passable, safe and satisfactory condition for publiC travel.
.07 Where the Contractor constructs a detour which is, not specifically provided for in the Contract
Documents; or required by the- ConlraclAdminislrator, the construction of the detour and, If required.
the subsequent' removal shall be performed at' the,Contractor'sexpeose. . _The detour shall be
constructed and maintained to 'struCtural'<arld-geometric-standall:ls~~p~ by ,the Contract
, Administrator. Removal and site restoration 'shallbe- performed.:as.,dOOed 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 shal~ at no extra cost to
the Owner; supply, 'erect and maintain"traffic control devices In accordance with the MUTCD.
.09 Compliance with the foregoing provisions shall in no way relieVe the Contractor of obligations under
subsection GC 6.01 ;.Protection -of Work, Persons and"Property, dealing, with the Contractor's
responsibility for damage claims. except for cIairns arising on sections of Highway within the Working
Area that are being maintained by others.
GC 7.07
Access to Properties Adjoining the Work and Interruption of Utility
ServIces
.01 The Contractor shall provide at all times, and at no extra cost to the Owner,
a) adequate pedestrian and vehicular access; and
b) continuity of Utility services
to properties adjoining the Working Area.
.02 The Contractor shall provide at all times and at no extra cost to the Owner access to fire hydrants,
and water and gas valves located In the Working Area.
.03 Where any interruptions in the supply of-Utility services' are 'requireckand ,are authorized by the
Contract Administrator, the' Contractor shall give the affected property owners notice In accordance
with subsection:GC-7.11, Notices by the Contractor, and shall arrange such interruptions so as to
create a minimum of Interference to those affected.
GC 7.08
Approvals and Permits
.01 Except as specified in subsection GC 4.02, Approval and Permits, the Contractor shall obtain and pay
for any permits, licenses" and certificates which at the date of tender closing, are required for the
performance of the Work.
.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits
specified in paragraph GC 7.08.01.
OPS Ge...... Condltlonl oA Connd' &e,lIember 1_
pege 31
GC 7.09
Suspension of Work
.01 The Contractor shall, upon written notice from the Contract Administrator, discontinue or delay any or
all of the Work and work shall not be resumed until the Contract Administrator so directs in writing.
Delays, in ~ circumstances, will be administered according to subsection GC 3.08, Delays.
GC 7.10
Contractor's Right to Stop the Work or Terminate the Contract
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.01 If the Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors because
'''of Insolvency or if a receiver is appointed because of insolvency, the Contractor may, without
prejudice to any other right or remedy the Contractor may have, by giving the Owner or reoeiver or
trustee in bankruptcy written notice, terminate the Contract.
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.02 If the Work Is stopped or othBlWise delayed for a period of 30 Days or more under an order of a court
or other public authority and provided that such order was not Issued as the result of an act or fault of
, ~~ Contractor or of anyone direcUy employed or engaged by the Contractor",the Contractor may,
,~out prejudice to any other right or remedy the Contractor may have, by giving the Owner written
'!,<ltioe, terminate the Contract.
.03 The Contractor may notify the Owner In writing, with a copy to the Contract Administrator, that the
Owner is in default of contractual obligations If,
a) the Contract Administrator fails to issue certificates in accordance with the provisions of Section
GC 8.0, Measurement and Payment;
_ b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in clause GC
,.,. 8.02.03, CertiIication and Payment, the amounts certified by the Contract Administrator or within
30 Days of an award by an arbitrator or court; or
c) the Owner violates the requirements of the Contract.
.04 The Contractor's written notice to the Owner shall advise that if the default Is not corrected In the 7
Days immediately following the reoeipt of the written notice the Contractor may. without prejudice to
any other right or remedy the Contractor may have, stop the Work or terminate the Contract.
.05 If the Contractor terminates the Contract under the conditions set out In this subsection, the
Contractor shall be entitled to be paid for all work performed according to the Contract Documents
and for any losses or damage as the Contractor may sustain as a result of the termination of the
Contract.
GC7.U
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 commencement of such work to the person, company,
partnership, corporation, board, or commission so affected.
.02 In the case of damage to, or Interference with any utilities, pole lines, pipe linas, 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.
P8ge 32
OPS General Coo_. oAConlrocl- S.~_1181l
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GC 7.12
Obstructions
.01 Except as otherwise noted In these General Conditions, the Contractor assumes all the risks and
responsibilities arising out of any obstruction encountered in the performance of the Work and any
traffic conditions, including traffic conditions on any Highway or road giving access to the Working
Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for
any loss, damage or expense occasioned thereby.
.02 Where the obstruction is 'a Utility or other man-made object, the Contractor shall not be, required to,
assume the risks 'and responsibilities arising out of such obstnJction, unless the location of the ,
obstruction is shown on the plans or described in the specifications and the location so shown Is
within the tolerance specified In paragraph GC 2.01.01 a), or unless the presence and location of the
obstruction has othE!lWise been made known to the Contractor or could have been determined by the
visual site investigation made by the Contractor In accordance with these General Conditions.
.03 During the course of the Contract, it isthetContraclol's'responslbllity;to;'COllSuIt.with Utility companies
, 'or other appropriate authorities forfurlher:lnformatioriin ,regard,to.theexact.,toCationof these Utilities, .
to exercise the necessary care In construction'operationstand'to1ake-such,-otIlerprecautions as are
necessary to safeguard the Utility from damage.
GC 7.13
Limitations of Operations
.01 Except for such work as maybe required by the Contract Admlnislratorto maintain the Workina safe
and satisfactory condition, the Contractor shall not carry on operations under the Contract on
Sundays without permission In writing from the Contract Administrator.
.02 The Contractor shall cooperate with other Contractors, Utility companies and the Owner and they
shall be allowed access to their work or plant at all reasonable times.
GC 7.14
Cleaning Up Before Acceptance
.01 Upon attaining Substantial Performance of the Work, the Contractor shall remove surplus materials,
, tools, construction machinery and equipment not required for the performance of the remaining Work.
The Contractor shall also remove all temporary works and debris other than that caused by the
Owner, or others and leave the Work and Working Area clean and suitable for occupancy by the
Owner unless otherwise specified.
.02 The Work shall not be deemed to have reached Completionll11tilthe'Contractor has removed surplus
materials, tools, construction machinery andequipmenl The Contractor shall also have removed
debris, other than that caused by the Owner, or others. ' -
GC 7.15
. 'Wananty
.01 The Contractor shall be responsible for the proper performance of the Work only to the extent that the
design and specifications permit such performance.
.02 Subject to the previous paragraph the Contractor shall correct promptly, at no additional cost to the
Owner, defects or deficiencies in the Work which appear,
a) prior to and during the period of 12 months from the date of Substantial Performance of the Work,
as set out In the certificate of Substantial Performance of the Work,
b) where the work is completed after the date of Substantial Performance, 12 months after
Completion of the Work,
c) where there is no certificate of Substantial Performance, 12 months from the date of Completion
of the Work as set out In the Completion certificate, or
OPS Oene... CondIIlons oA Conlnlcl- $epIlImbet 1_
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d) such longer periods as may be specified for certain Materials or some of the Work.
The Contract Administrator will promptly give the Contractor written notice of observed defects or
deficiencies.
.03 The Contractor shall correct or pay for damage resulting from corrections made under the
requirements of paragraph GC 7.15.02.
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OPS Oenenll Coo_.. oA Conlrocl-lleIIlombet' 11191l
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SECTION GC 8.0. MEASUREMENT AND PAYMENT
GC 8.01
GC 8.01.01
Measurement
Quantities
.01 The Contract Administrator will make an estimate once a month, In writing, of the quantity of Work
performed. The first estimale will be the quantity of Work performed since the Contractor
commenced theContracl, - and every subsequent estimate; except the final one, will be of the quantity
of Work performed since the preceding estimate was made. The Contract Administrator will provide
the copy of each estimate to the Contractor within 10 Days of the Cut-Off Date.
, '.02 ' Such quantities for progress payments shall be construed and held to approximate. ,The final
,; quantities fotthe issuance of ,the Completion Certificate shall be based on the measurement of Work
, completed.
.03 'Measurement of the quantities 'of theWorlc'performed.-willbe::either,by"ActUaIMeasurement or by
Plan 'Quantity principles as indicated ,in 1Ile.Corrtract:~ Adjustments,tocPIarrQuantity measurements
will normally be made USing Plan Quantity-'principles but may; where' appropriate, be made using
ActUal Measurements. Those' items-Identified' on1he Tender by the notation {P)1n 'the unit column
-'. shall be paid according to the 'Plan Quantity. Items where the'notBtion (P)does not occur shall be '
paid according to Actual Measurement
GC 8.01.02
Variations In Tender Quantities
.01 Where it appears that the quantity of Work to be done 'andlor Material to be supplied by the '
Contractor under a unit price tender item will exceed or be less than the tender quantity, the
Contractor shall proceed to do the Work and/or supply the Material required to complete the tender
item and payment will be made for the actual amount of Work done and/or Material supplied, at the
unit prices stated In the Tender except as provided below:
, a) 'In the case of a Major Item where the quantity of Work performed and/or Material supplied by the
Contractor exceeds the tender quantity by more than 15%, either-party to the Contract may make
a written request to the other party to 'negotiate a revised unit price for that portion of the Work
performed and/or.Material supplied which exceeds 115% of the tender quantity. The negotiation
shall be carried out as soon as reasonably possible. Any revision of the unit price shall be based
on the reasonable cost of doing the Work and/or supplying the Material under the tender item plus
a reasonable allowance for profit and applicable overhead.
b) In the case of a Major Item where the"quantity'ofWOrkperformedand/or'Material supplied by the
Contractor is less than 85% of the tender-quantity, the Conlractor may make a written request to
negotiate for the portion of the actuakoverheads' 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 reoeived 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
performance. The term "all labour, Equipment and Materiar shall Include Hand Tools, supplies and
other lncldentals.
OPS 0........ Cond_ oAConlrocl- September 1_
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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
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.01 The Owner will make advance payments for Material Intended for incorporation in the Work upon the
written request of the Contractor and according to the following terms and conditions:
a) The Contractor shall, in advance of reoeipt of the shipment of the Material, arrange for adequate
and proper storage facilities and notify the Contract Administrator of their locations.
b) The value of aggregates, processed and stockpiled. shall be assessed by the following procedure:
i. Sources Other Than Commercial
(1)~ranular '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 end Portland
cement concrete shall be assessed at the rate of 25% of the Contract price for each
aggregate stockpiled.
-.ffii. - ~;:::'~~ ~~ed coarse and fine aggregates will be considered at f!1e above rate when
"~. such materials are stockpiled at s COll'II1leR:iaI source where further processing is to be carried
out before incorporating such materials into a final product. AdvanCe payments for other
materials located at a commercial source will not be made.
. c) Payment for all other materials, unless othelWise 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 reoeive advance payment shall be placed in the
designated storage location Immed"rately upon reoeipt 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 1I1e 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 Cohb Clclur who shall be responsible for any loss,
damage, theft, improper use or destruction of the material however caused.
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.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
~" only be determined when the material meets the requirements of the appropriate specification.
GC 8.02.03 Certification and Payment
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GC 8.ci2~03.01
Progress Payment Certificate
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.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 performecf;
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.
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OPS GeMtIl Condltiono oA Conbact. s.,Ao.,obof 1_
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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-Off Date.
GC 8.02.03.02
Certification of Subcontract Compietion
.01 Before the Work has reached the stage of Substantial Performance, the Contractor may notify the
Contract Administrator, in writing that a subcontract is completed satisfactorily and ask that the
Contract Administrator certify.the completion of such subcontract.
.02 The Contract Administrator will issue a Certificate of Subcontract Completion If the subcontract has
been completed satisfactorily, and all required inspection and testing of the works covered by the
subcontract have been carried out and the results are satisfactory. -
.03 The -Contract Administrator will set out in the Certificate ofSUbcontractCampletion the date on which
the subcontract was completed and within'7' Days' of:thedate'the:subcontractis certified-,complete,
the Contract Administrator WIll give a copy'Ofthe'C8r1ificate.,to'the:ContractoMlod:to the Subcontractor
concemed.
,GC 8.02.03.03
Subcontract-Statutory Holdback Release CertIficate and Payment
.01 Following reoeipt of the Certificate of Subcontract Completion, the Owner will release.and pay the
Contractor the statutory holdback retained In respect of the subcontract.. Such ~shall.be made -
46 Days after the date the subcontract.was certified,complete,andproviding;theContractor.submits
the following to the Conlract 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 canylng out the subcontract;
c)a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board
relating to the subcontract; and '
d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement
showing the total amount due the Subcontractor from the Contractor.
.02 Paragraph GC 8.02.03.03.01 d), will only apply to Lump Sum ttems and then only when the Contract
Administrator specifically requests it
.03 Upon receipt of the statutory holdback. the Contractor 'shall'forthwithgive the Subcontractor the
payment due under the subconlract.
.04 Release of statutory holdback by the Owner In respect of a' subcontract shall not relieve the
Contractor, or the COhtractor's Surety, of any of their responsibilities.
GC 8.02.03.04
Certification of Substantial Performance
.01 Upon application by the Contractor end 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 reoeipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith. as
required by SectIon 32(1) Paragraph 5 of the Construction Uen Act, R.S.O. 1990, c.C.30, as
amended. publish a copy of the certificate In a construction trade newspaper. Such publication shall
include placement in the Daily Commen:ial News.
OPS GeneqJ Cond_ oA ConIrad. Seple.,...., '808
P_37
.04 Where the Contractor fails to pubfish a copy of the Cerlificate of Substantial Performance as required
above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the
Owner may publish a copy of the certificate at the Contractor's expense.
.05 Except as otherwise provided for In Section 31 of the Construction Lien Act, the 45-day lien period
prior to the release of holdback as referred to in clause GC 8.02.03.05, Substantial Performance
Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of
publication of the Certificate of Substantial Performance as provided for above.
GC-S.02.03.05
Substantial Performance Payment and Substantial Performance Statutory
Holdback Release Payment Certificates
.01 When the Contract Administrator issues the Certificate of Substantial Performance the Contract
,- Administrator will also issue the Substantial Performance Payment Certificate and the Substantial
performance Statutory Holdback Release Payment Certificate or where appropriate, a combined
~~rncertificate. :
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.02,~ Substantial Performance Paymern Certificate will show,
'~rthevalue of Work performed to the date of SUbstantial Performance;
b) the value of outstanding or Incomplete Work;
"c) the arnourn of the statutory holdback, aUowing for any previous releases of statutory holdback to
the Contractor In respect of completed subcontracts and deliveries of pre-selected equipment;
d) the amount of maintenance security required; and
, e) the amount due the Contractor.
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.03 ,Payment of the amount certified will be made within 30 Days of the date of Issuance of the payment
'certificate.
.04 The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment
certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to
the date of Substantiai Performance. Payment of such statutory holdback shall be due 46 Days after
the date of pubfication of the Certificate of Substantial Performance but subject to the provisions of
the Construction Lien Act and the submission by the Contractor of the following documents:
a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the
Owner from all further claims relating to the Contract. qualified by stated exceptions such as
outstanding work or matters arising out of subsection GC 3.14, Claims, Negotiations, Mediation;
b) a statutory declaration in a form satisfactory to the Contract Administrator that allliabirlties Incurred
~ 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
-~proof of publication of the Certificate of Substantial Performance.
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GC 8.02.03.06
. , CertlflCBtion of Completion
.01 Upon application by the Contractor, and when the Contract reaches Completion, the Contract
Administrator wiUlssue 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 Genem CoolClltlol.. oA Conlrocl. 8epl8mber 1_
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Completion Payment and Completion Statutory Holdback Release
Payment Certificates
.01 When the Contract Administrator Issues the Completion Certificate, the Contract Administrator will
also issue the Completion Payment Certificate and the Completion Statutory Holdback Release
Payment Certificate or where appropriate, a combined payment certificate.
GC 8.02.03.07
.02 The Completion Payment Certificate will show,
a) measurement and value of Work at Completion; -
'b)the amount of the further statutory holdback based on the value of further work completed over
and above the value of work completed shown in the Substantial Performance Payment Certificate
referred to above; and
c) the amount due the Contractor.
.03 The Completion Statutory. Holdback Release :Payment ._Certifl.CBte .;wilI;Pe.c.a ' payment ,certificate
. releasing 'to"theContractor'the' further statutorY 'holdback:' 'Payment:(jIosucIliSl3tutory holdback'shall
be due 46 Days after the date of completioriioftheWor\(;as-estabUshed;by,theComPletionCertificate
but subject to the provisions of the ConstrUction Lien Acfand_1I1Ersubmlssion1:!Y,the Contractor of the
following documents:
, a) a release by the Conlractor ,In a form satisfactory to the Contract Administrator' releasing the
Owner from all further claims relating to the Contract, qualified by stated' exceptions where
appropriate; ,
b) a statutory declaration in a form satisfactory to the ,ContraclAdmlnlstrator th;at all liabilities Incurred
by the Contractor and the Contractor's SubcontractorS In carrying out the Contract have been
discharged, qualified by stated exceptionS where appropriate; and
c) 'a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board.
GC 8.02.03.08
Interest
.01 Interest due the Contractor is based on simple interest and is calculated using the applicable Rate of
Interest.
GC 8.02.03.09
Interest for Late Payment
.01 Provided the Contractor has complied with the requirements of the Contract including all
documentation requirements, when payment by the Owner to the Contractor for Work performed, or
for release of statutory holdback. is delayed by the Owner, then the Contractor shall be entitled to
receive interest on the outstanding payment at the Rate'oflnterest,'lfpaymenl'js not reoeived on the
dates set out below:
a) Progress Payment Certificates: 30 Days afterthe Cut-Off Date;
b) Certificate of Subcontract completion: ' 30 Days after the datecertlfiedas.the date on ,which the
subcontract Wlis'completed;
c) Subcontract Statutory Holdback Release Payment Certificate: 76 Days after the date on which the
subcontract was completed;
d)' Substantial Performance Payment Certificate: 30 Days after the'date of Issuance of the certificate.
e) Substantial Performance Statutory Holdback Release Payment Certificate: 76 Days after
publication of the Payment Certificate of Substantial Performance;
f) Completion Payment Certificate: 30 Days after the date certified as the date on which the
Contract reached Completion;
g) completion Statutory Holdback Release Payment Certificate: 76 Days after the date certified as
the date which the Work was completed.
.02 If the Contractor has not complied with the requirements of the Contract, Including all documentation
requirements, prior to expiration of the time periods described In paragraph GC 8.02.03.09.01,
Interest will only begin to accrue when the Contractor has completed those requirements.
OPS General Concllllono oA Connc:I- s..,.two1be' ,-
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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 seWed
claim. Such interest will not commence until 30 Days after the satisfactory 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 limit prescribed by subsection GC
'3.14, Claims, Negotiations, Mediation,lnterest shall not be paid.
.04 ',~rea Contractor fails to comply with the 3O-day time limit and the procedures prescribed in
; ~t<lgl:Bph 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.Qff
.01 ,Pursuant to Section 12 of the Construction Uen Act. the Owner may retain from monies owing to the
Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities
including the cost to remedy deficiencies. the reduction In value of substandard portions of the Work,
claims for damages by third parties which have not been determined in writing by the Contractor's
Insurer. undetermined claims by the Owner under paragraph GC 8.01.02.01 a), any assessment due
the Workplace Safety end Insurance Board and any monies to be paid to the workers In accordance
with clause GC 8.02.06, Payment of Workers.
.02 Under these circumstances the Owner will give the Contractor appropriate notioe 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
GC8~&~~01
Payment on a Time and Material Basis
Definitions
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.01 Fo(the purpose of this clause the following definitions apply:
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Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and
Payroll Burden paid Qr 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 Materlal: 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.
P_ oCO
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Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment
insurance, public liabUity and property damage insurance, sickness and accident insurance, pension fund
and such other welfare and benefit payments forming part of the Contractor's normal labour costs.
Rented Equipment; means equipment that is rented or leased for the special purpose of Work on a Time
and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by
the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator.
Road Work: means. the preparation. construction, finishing and construction maintenance of roads,-
-, streets; highWays and' parking 'lots and includes all work incidental thereto other than work on structures.
Sewer' andWatermain Work: means the preparation, construction, finishing and construction
- maintenance of sewer systems and watermain systems, and Includes all work incidental thereto other than
work on structures.
Standby'T1me: "means any-period of time Which'is'not-conskleredWOrking:T~dwhich together with
the Working Tme does notexceed'10hours.in-"any'one~Orking;Day.:and:duririg 'which time a unit of
, equipment cannot practically be used onolherJoVork"butmust:remain :orr.tbe'Site:in:order to ,continue with
"itsasslgned task and during which time the unit Is in fully 'operable condition.
Structure Work: means the construction, reconstruction. repair, alteration, remodelling, renovation or
-' demolition of any-bridge, building, tunnel or retaining wall and includes the preparation for and the laying of ,
the foundation of any'bridge, building, tunnel or -retaining wan and the Installation of equipment and
appurtenances Incidental thereto.
The 127 Rate: means the rate for a unit of equipment as listed In'OPSS 127; Schedule of Rental Rates
for Construction Equipment Including Model and Specification Reference, which is current at the time the
work is carried out or for equipment which Is not so listed, the rate which has been calculated by the
Owner, using the same principles as used In determining The 127 Rates.
Work.on a 'Tune 'and Material, Basis: means Changes in the Work, 'Extra Work and Additional Work
approved by the Contract Admlnistratorforpaynient-on a TUlle and Material 'basis. The Work on a Time
and Material Basis shall be subject to all the terms, conditions, specifications ,and provisions of the
Contract.
Working Time: means each period of time during which a unit of equipment is, actively and of necessity
'engaged on a specific operation and the first 2 hours of each,immediately.following,period during which
the unit is not so engaged but during which the operation:isotherwlse:proceedingand during ,which time
the unit cannot practically be transferred to other work but must remain on the site In order to continue with
its assigned tasks and during which time the unit Is in-a fully operable condition._
GC 8.02.04.02
',',Dally Work Records
.01 Daily Work Records prepared as the case may be by either the Contractor's representative or the
, Contract Administrator and' reporting the labour and Equipment employed and the Material used on
each Time and Material project, shall be reconciled and signed each day by both the Contractor's
representative and the Contract Administrator.
GC 8.02.04.03
Payment for Work
.01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do
the Work on a Time and Material Basis except where there Is agreement to the contrary prior to the
commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and
Material basis shall apply to each Individual Change Order authorized by the Contract Administrator.
OPS General Cond_ oA~.~ llKK1
PIll"41
GC 8.02.04.04
Payment for Labour
.01 The Owner will pay the Contractor for labour employed on each Time and Material project at 135% of
the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of
$3000.
.02 The Owner will make payment In respect of Payroll Burden for Work on a Time and Material Basis at
the Contractor's actual cost of Payroll Burden.
.03- 'At. the Owner's discretion. an audit may be conducted in which case the actual Payroll Burden so
determined shall be applied to all Tme and Material work on the Contract.
GC 8.02.04.05
Payment for Material
f.....~.-
.01 The Owner will pay the Contractor for Material used on each TUlle and Material project at 120% of the
"~of the Material up to $3000, then at 115% of any portion of the Cost of ~aterial in excess of
'''~$$OOO. c
"~.c
GC '8:02:04.06 Payment for Equipment
.f
.l!'i: ~
GC 8.02.04.06.01
Wortdng Time
.01 The Owner will pay the Contractor for the Working Time of an equipment othE!r than Rented
Equipment and Operated Rented Equipment used on the Work on a TUlle and Material basis at The
127 Rates with a cost adjustment as follows:
a) Cost $10,000 or less - no adjustment;
b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion
in excess of $10,000; and
c) Cost greater than $ 20.000 - $19,000 plus 80% of the portion in excess of $20,000.
.02 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a
Tnne 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 TUlle of Operated Rented Equipment used on the
Work on a Time and Material Basis at 110% of the Operated Rented Equipment Invoice price
approved by the Contract Administrator prior to the use of the equipment on the Work on a,Time and
' Material Basis.
GC 8.o2lo4.06.02
)'",,.
Standby Time
.01 The Owner will pay the Contractor for Standby Time of Equipment at 35% of The 127 Rate or 35% of
the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented
Equipment where this is necessarily retained in the Working Area for extended periods agreed to by .
the Contract Administrator. This will include Rented Equipment intended for use on other work, but
has been idled due to the cifcumstances giving rise to the Work on a TUlle and Material Basis.
.02 In addition, the Owner will include the Cost of Labour of operators or assoclated 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 cifcumstances giving rise to
the Work on Time and Material Basis to be retumed to the lessor until the work requiring the
equipment can be resumed. The Owner will pay such costs as result from such retum.
~42
OPS 0.....1 Coo_. oA eo_. Seplll..lber18ll11
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.04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to
or from the Working Area on a Time and Material basis, payment will be made by the Owner only In
respect of the transporting units. When Equipment is moved under its own power it shall be deemed
to be working. The method of moving Equipment and the rates shall be subject to the approval of the
Contract Administrator.
GC 8.02.04.07
Payment for Hand Tools
.01 Notwithstandingany.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 for Work on a.Time and Material Basis,or.a part of it, to be perfonned
by Subcontractors, on ..a.TUlle' and..Material .basls.,.and..has....rl3Ceived.apprp,val,.prior to the
commencement, of: such'. work; ~in . accordance witI1.=.tbe"requirements,~fiiSubsection:.' GC 3.10,
, , . SubContracting by the Contractor. the Owner wiD paythe:cost'of.Work,on<B.i("une,and.JMaterial Basis
, byihe Subcontractor calculated'BSlf the Contractor had'donethe,Wo~n..a;;Time;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 will be,applied regardless.of.the extent towhich.the work Is assigned or. sublet to
., others.- If work is ;assigned .or, sublet.,to an, associJote.. as defined by the. Securities Act no markup
whatsoever will be apprled. '
GC 8.02.04.09
Submission of Invoices
.01 At the start of the Work on a TUlle and Material Basis. the Contractor .shall.provide,the, applicable,
. labour and Equipment rates not already submitted to. the Contract Administrator during the course of
such work.
.02 ,separate,summariesshallbe'completed by the Contractor according to the.stan!:lard term.Summary . '
for Payment ,of Accounts on a Time.and Material Basis.., Each ,summary shall include ,the order
number and covering dates of the work and shall itemize separately labour, Materials ,and Equipmenl
'.Invoicesfor Materials, Rented Equipment and other charges incurred by the Contractor on the Work
on a TUlle and Material Basis siulll be Included with eachSllmmaJ)'.",.c.,.", .,.,..-.,....,.
:03 Each month the ContraclAdminislratorwlll include,witb thell1Qllthlyl~~.p;IymllI!,t;~cate, the
costs of the Work on a Tme and Material Basis incurred during. the precilding month all in
, accordance with theOlntract administrative procedures and the Contractor's Invoice of the Work on a
Time and Mateiial Basis. '
.04 The final .SummarY for Payment of Accounts on a Time and Material Basis. shall be submitted by the
Contractor within 60 Days after the completion of the Work on a Time and Material Basis.
GC 8.02.05
Final Acceptance Certificate
.01 After the acceptance of the Work .the Contract Administrator will Issue the Final Acceptance
Certificate, or. where applicable. after the Warranty Period has expired. The Final AccePtance
Certificate will not be issued until all known deficiencies have been adjusted or corrected, as the case
may be, and the Contractor has discharged all obligations under the Contract.
OPS Gener8I Condlllona oA ConlIac:t - ~ 1_
page 43
GC 8.02.06
Payment of Workers
.01 The Contractor shall, In addition to any fringe benefits, pay the workers employed on the Work in
accordance with the labour conditions set out in the Contract and at intervals of not less than twice a
month.
.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers
employed by the Subcontractor on the Work In accordance with paragraph GC 8.02.06.01.
.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is
paid less than the amount required to be paid under the Contract, the Owner may set off monies in
accordance with clause GC 8.02.03.11, Owner's Set-Off.
GC 8.02.07
Records
.01 The Contractor shall maintain and keep accurate Records relating to the Work, Changes in the Work,
Extra Work and claims arising therefrom. SUch Records shall be of sufficient delail 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 Fmal Acceptance Certificate Is Issued or until all claims
have been seWed, whichever is longer. The Contractor shall require that SubContractors employed
by the Contractor preserve all original Records pertaining to the Work, Changes in the Work, Extra
Work and claims arising therefrom for a similar period of time.
.02 It, In the opinion of the Contract Administrator. Daily Work Records are required, such records shall
report the labour and Equipment employed and the Material used on any specific portion of the Work.
The Daily Work Records shan be reconclled 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 Conlracl The Contractor shall supply ,
certified copies of any part of Its Records required whenever requested by the Owner.
GC 8.02.08
Taxes and Duties
.01 Where a change In Canadian Federal or Provincial taxes occurs after the date of tender closing for
this Contract, and this change could not have been anticipated at the time of bidding, the Owner will
Increase or decrease Contract payments to account for the exact amount of tax change involved.
.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract
Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for
additional tax costs shaH be submitted not less than 30 Days after the date of Anal Acceptance.
.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor
shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a
statement of such benefits. This statement shall be submitted not later than 30 Days after Final
Acceptance.
.04 Changes in Canadian Federal or Provincial taxes which impact upon commodities, which when left In
, place form part of the finished Work, or the provision of services, where such services form part of the
Work and where the manufacture or supply of such commodities or the provision of such services Is
carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above.
Services in the latter context means the supply and operation of equipment, the provision of labour
and the supply of commodities, which do not form part of the Work.
Poge ~
OPS Gene'" Conclltlano rA Conlrocl. SepIember 1_
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GC 8.02..09
Liquidated Damages
.01 When liquidated damages are specified in the Contract and the Contractor fails to complete the Work
in accordance with the Contract. the Contractor shall pay such amounts as are specified in the
Contract Documents.
. ,
OPs Ge...<1I' CondI\lonS oA Contf1lCl - ~ tll9ll
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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 oroiect;
. every employer and every worker performing work on the oroiect complies with
the Occupational Health and Safety Act and the Regulations (under the Act); and
. the health and safety of workers on the oroiect 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.
SCHEDULE(C
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
Constructor - means a person who undertakes a project for an owner and includes an
owner who undertakes all or part of a project by himself or by more than one employer.
Project Manager- means the municipal management representative who has
responsibility for a contract.
PROCEDURE:
The following items are required before any Contractors are hired by the Municipality.
a) Before beginning a project, the project manager or delegate must determine
whether any designated substances/hazardous materials are (or will be) present
at the site and prepare a list of all these substances.
b) The project manager or delegate must include, as part of the request for
tender/quotations, a copy of the above-mentioned list. The list of designated
substances/hazardous materials must be provided to all prospective constructors
and/or contractors.
c) The request for tender/quotations will require prospective contractors to include a
list of the designated substances/hazardous materials that will be brought onto
the work site and material safety data sheets.
d) Before awarding a contract, contractor(s) will be required to complete and sign
the Health and Safety Practice Form (Schedule "A"). The Purchasing Office will
maintain all contractors safety performance records.
e) As part of the tender/quotation conditions, before award of a contract, the
contractor will be required to provide proof that all workers involved with the
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.
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
i) The contractor has the responsibility to provide any and all prescribed personal
protective equipment for their own workers, to include as a minimum but not
limited to hard hats and safety boots. If a worker(s) fails to comply with any
program, policy, rule or request regarding health and safety, that person(s) is not
allowed on the site until the person(s) complies.
j) The Municipality will retain the right to document contractors for all health and
safety warnings and/or to stop any contractors' work if any of the previously
mentioned items are not in cornpliance. Similarly, the Municipality will have the
right to issue warnings and/or to stop work if there are any violations by the
contractor of the Occupational Health and Safety Act, Municipal Health and
Safety programs, policies, rules, and/or if the contractor creates an unacceptable
health and safety hazard. Written warnings and/or stop work orders can be given
to contractors using Contractor Health and Safety Warning/Stop Work Order
Form (Schedule "B").
k) Where applicable, the Municipality will retain the right to allow municipal
employees to refuse to work in accordance with the established policy and the
Occupational Health and Safety Act, in any unsafe conditions.
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.
.,
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
accidenUincident and/or Workplace Safety and Insurance Board (WSIB) information noted
below, where applicable.
. The New Experimental Experience Rating (NEER)
- The WSIB experience rating system for non-construction rate groups
.............................................................................................
. The Council Amended Draft #7 (CAD-7) Rating
- The WSIB experience rating system for construction rate groups
.............................................................................................
. Injury frequency performance for the last two years
- This may be available from the contractor's trade association
.............................................................................................
.
Has the contractor received any Ministry of Labour warnings or orders in the last two
years? (If the answer is yes, please include the infraction).
.
Confirmation of Independent Operator Status
- The WSIB independent operator number assigned:
(Bidders to include the letter confirming this status and number from WSIB with their bid
submission.)
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
CONTRACTOR'S STATEMENT OF RESPONSIBILITY
As a contractor working for the Municipality of Clarington, IIwe will comply with all
procedures and requirements of the Occupational Health and Safety Act, Municipal
safety policies, department and site specific policies and procedures and other
applicable legislation or regulations. 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 contractor/successful tenderer certifies that it, its employees, its
subcontractors and their employees,
a) are aware of their respective duties and obligations under the
Occupational Health and Safety Act, as amended from time to time, and
all Regulations thereunder (the "Act'); and
b) have sufficient knowledge and training to perform all matters required
pursuant to this contract/tender safely and in compliance with the Act.
2. In the performance of all matters required pursuant to this contract/tender, the
contractor/successful tenderer shall,
a) act safely and comply in all respects to the Act, and
b) ensure that its employees, it subcontractors and their employees act
safely and complying all respects with the Act.
3.
The contractor/successful tenderer shall rectify any unsafe act or practice and
any non-compliance with the Act at its expense immediately upon being notified
by any person of the existence of such act, practice or non-compliance.
4.
The contractor/successful tenderer shall permit representatives of the
Municipality and the Health and Safety Committee on site at any time or times for
the purpose of inspection to determine compliance with this contractor/tender.
5.
No act or omission by any representative of the Municipality shall be deemed to
be an assumption of any of the duties or obligations of the contractor/successful
tenderer or any of its subcontractors under the Act.
6.
The contractor/successful tenderer shall indemnify and save harmless the
Municipality,
a) from any loss, inconvenience, damage or cost to the Municipality which
may result from the contractor/successful tenderer or any of its
employees, its subcontractors or their employees failing to act safely or to
comply in all respects with the Act in the performance of any matters
required pursuant to this contract/tender;
SCHEDULE (C)
CONTRACTOR SAFETY
POLICY AND PROCEDURE Continued...
b) against any action or claim, and costs related thereto, brought against the
Municipality by any person arising out of any unsafe act or practice or any
non-compliance with the Act by the contractor/successful tenderer or any
of its employees. its subcontractors or their employees in the
performance of any matter required pursuant to this contract/tender; and
c) from any and all charges, fines, penalties. and costs that may be incurred
or paid by the Municipality (or any of its council members or employees)
shall be made a party to any charge under the Act in relation to any
violation of the Act arising out of this contract/tender.
\\p...~~. "'.~~..~... .K,~.C?....G .N."?!. .f!,Y:-.. 9) ~;-;>..../ ~s,.............. .t~f!:>.... R~.~~.fi.i,s....
Contractor Name of Person Signing for Contractor
................. ......... ..... ............................................................~..I'1~.
Signature of Contra 0 Date
. ,
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)
. ,
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.
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S/AdminlForms & SpecslClarington/Policy-MOC
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